KPS ITB 2026_001 Special Ed Transportation 3_20_26.pdf

Killingly Public Schools

79 Westfield Ave

Danielson, CT 06239

Invitation to Bid:

Special Education Transportation

BID# 2026-001

BID OPENING

May 20, 2026

Killingly Public Schools Central Office

10:00 a.m. – Conference Room A

Mrs. Andrea Drake

Assistant Superintendent of Operations

KILLINGLY BOARD OF EDUCATION

Special Education Transportation Services 2026-2029

Bid #: 2026-001

TABLE OF CONTENTS

Section Page

Legal Notice 1

Invitation to Bid 2

Instructions to Bidders 3

Transportation Requirements 9

Vehicles and Travel 12

Vehicles and Bus Maintenance 14

Drivers and Staff 15

School Closing and Delays 19

Other Provisions 20

Insurance and Bonding 23

Vehicle and Bus Accident Procedure 25

Bid Forms 26

Certification Form 29

Reference Check Form 30

Affirmative Action Form 31

Attachment A – Current List of Schools 32

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LEGAL NOTICE

KILLINGLY PUBLIC SCHOOLS

INVITATION TO BID

FOR

SPECIAL EDUCATION TRANSPORTATION SERVICES 2026 - 2029

BID # 2026-001

Bid documents for special education transportation services for the Killingly Board of Education also referred to as the Killingly Public Schools (KPS) for the 2026-27 through 2028-29 school years, BID #2026-001, will be available on the KPS website www.killinglyschools.org on or after

9:00 a.m., March 20, 2026.

Sealed bids will be received at the Central Office of Killingly Public Schools, 79 Westfield Ave, Danielson, CT 06239 until 9:45 a.m., Eastern Standard Time, on May 20, 2026. At 10:00 a.m. on

May 20, 2026, the names of the bidders will be publicly read aloud.

KPS reserves the rights to: amend or terminate this Invitation to Bid; accept all or any part of a bid; reject any or all bids, in whole or in part; waive any technical defects, informalities or non-material deficiencies in a bid; and award the bid, in whole or in part, including accepting a bid or part of a bid, although not the low bid, that, in its judgment, will be in Killingly Public Schools’ best interests.

http://www.killinglyschools.org/

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INVITATION TO BID

The Killingly Public Schools (KPS) invites sealed bids for supplying round trip transportation of students with special needs and/or disabilities, to and from their homes to various learning center locations primarily within the State of Connecticut, such as certain locations within Willimantic, New London, West Hartford, Windsor, and Bloomfield. (See Attachment A). Occasionally, destinations outside of Connecticut to a neighboring state may be required, such as Massachusetts and Rhode Island. Locations are subject to change at any time during the school year. In addition to vehicle/bus transportation, support service from qualified staff of the Contractor to accompany students is required, as needed.

This bid and subsequent contract involved out-of-district transportation services.

Transportation Services are to commence July 1, 2026, including 2026, 2027, and 2028 summer school/Extended School Year (ESY) services, for a period of three (3) years ending on June 30, 2029, with a two-year option to extend at the sole discretion of KPS specified in accordance with the terms, specifications and conditions contained herein. In the instance summer school/ESY begins within the last few days of June, transportation would be required to start with that program.

KPS reserves the rights to: amend or terminate this Invitation to Bid; accept all or any part of a bid; reject any or all bids, in whole or in part; waive any technical defects, informalities or non-material deficiencies in a bid; and award the bid, in whole or in part, including accepting a bid or part of a bid, although not the low bid, that, in its judgment, will be in the Killingly Public Schools’ best interests.

KPS reserves the right to provide its own transportation services for any routes or trips at its discretion, when deemed appropriate.

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INSTRUCTIONS TO BIDDERS

1. Right to Amend/Terminate. KPS may, before or after bid opening and in its sole discretion, clarify, modify, amend or terminate this Invitation to Bid if KPS determines it is in the best interest of KPS and/or the Town. KPS also reserves the right to terminate the Contract at the end of the last fiscal year for which funds have been appropriated to the Killingly Board of Education and KPS shall have no obligation or liability to the

Contractor for any unfunded year or years. KPS also reserves the right to terminate this

Contract with sixty (60) calendar days prior written notice to the Contractor, for any reason.

2. Bid Submission Instructions.

a. Sealed bids will be received at the Central Office of the Killingly Public Schools, Killingly Board of Education Administrative Offices, 79 Westfield Ave, Danielson

Connecticut, 06239, until 9:45 a.m., Eastern Standard Time, on May 20, 2026. Bids received after that time will not be considered and will be returned unopened to the bidder. Bids will be publicly opened and read aloud on May 20, 2026 at 10:00 a.m., Eastern Standard Time, in Conference Room A at the address listed above.

b. All bids must be submitted in sealed envelopes, bearing on the outside, the name of the proposal for which the bid is submitted: "Killingly Public Schools Special

Education Transportation Bid 2026-2029 Bid #2026-001."

c. If sent by mail, the sealed envelope containing the bid and marked as directed above, must be enclosed in another envelope, addressed as specified.

d. Bids are to be submitted on the bid forms (one paper copy and electronically on a flash drive) provided along with the certification. No bid will be accepted as valid unless bid forms along with the certification, as provided to all bidders, are properly and completely executed. The bid forms must be completed with a bid price for any or all of the options presented therein, except as otherwise expressly provided herein.

e. All bids must be signed by the bidder or, if the bidder is a corporation or other entity, by an individual with authority to bind the corporation or entity. In the cases of corporations or other entities, a certificate evidencing authority shall be submitted with the Bid, which shall indicate the name and title of the person authorized to sign the contract.

f. Bids may be withdrawn personally or in writing provided that KPS receives the withdrawal prior to the time and date fixed for the opening. Bids are considered valid for ninety (90) calendar days after the bid opening.

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g. Before submitting a bid, each bidder must make a careful study of the Invitation to

Bid and be fully assured as to the quality and type of service required.

h. The submission of a bid will serve as conclusive evidence that the bidder has satisfied itself as to all requirements outlined in the bid documents and to all conditions concerning the work of the contract and the execution of any contract which may ensue.

i. The bid will cover all contingencies, including all labor, materials, fuel, transportation and subsequent meetings with district personnel or agents.

j. Bidders are to address all aspects of the Bid Documents as they will be incorporated into the contract that KPS enters into with the selected bus Contractor.

3. Questions and Amendments. Any questions regarding the bid, including the process, procedures and specifications, are to be submitted in writing to:

Joseph Boulanger, Transportation Supervisor jboulanger@killinglyschools.org

The representative listed above must receive any questions no later than 12:00 p.m. on

April 10, 2026. KPS will answer all pertinent written questions by issuing an addendum, which shall become a part of the Invitation to Bid and the resulting Contract, no later than April 30, 2026. Such addenda will be posted on the KPS website www.killinglyschools.org. Each bidder is responsible for confirming with KPS whether any addenda have been issued, and if so, obtaining a copy of such addenda and completing its Bid in accordance with the Bid Documents modified by any such addenda.

No oral statement of KPS, including oral statements by the representative listed above, shall be effective to waive, change, or otherwise modify any provision of the Bid

Documents, and no bidder or prospective bidder shall rely on any alleged oral statement.

4. Additional Information. KPS reserves the right, either before or after the opening of bids, to ask any bidder to clarify its bid, submit additional information that KPS in its sole discretion deems desirable or to participate in interviews or presentations.

5. Costs for Preparing Bid. Each bidder’s cost incurred in developing its bid are solely its responsibility, and KPS shall have no liability for such costs.

6. Ownership of bids. All bids submitted become the property of KPS and will not be returned to bidders.

mailto:jboulanger@killinglyschools.org http://www.killinglyschools.org/

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7. Freedom of Information Act. All information submitted in a bid or in response to a request for additional information is subject to disclosure under the Connecticut

Freedom of Information Act as amended and judicially interpreted.

If KPS receives a request for information related to a bid, it will promptly notify the bidder in writing (i.e., email) of such request and provide the bidder with a copy of any written disclosure request, so that the bidder may object to the disclosure of said information before the Freedom of Information Commission.

8. Insurance and Bonds. Bidders must provide evidence in their bids that insurance and bonding in the required amounts can be obtained. Prior to each school year, the

Contractor is required to furnish a performance bond (the “bond”) ensuring the faithful performance of its obligations in the amount of 25% of the total contract cost for the upcoming school year. The initial bond shall be provided at the time of execution of the contract. A new bond will be provided before August 1 of each ensuing school year.

9. Non-Collusion. By submitting a bid, each bidder, and each person signing on behalf of any bidder, certifies under penalty of perjury that, to the best of his/her knowledge and belief, the prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement with any other bidder or competitor, and further, that the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or competitor.

10. Contract Award/Execution.

a. All bids will be publicly opened and the name of the Contractors that have submitted proposals will be read aloud on the date, time, and at the place identified in the Invitation to Bid. Bidders may be present at the opening. It is the intention of the Board to notify bidders of the selection decision by June 10, 2026, but delays may occur.

b. KPS may elect to award the contract to other than the lowest bidder if it is judged to be in the best interest of KPS and/or the Town. Criteria which could be applied in the determination include, but not limited to, financial responsibility, safety program and record, service, performance of contracts, experience, vehicle/bus maintenance program and equipment. During the evaluation of bids, KPS may request bidders to interview or to make oral presentations.

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c. In the event the Superintendent recommends award to other than the lowest responsible bidder, the Superintendent shall provide the Board of Education with written notice of such intent in accordance with Board Policy

d. KPS reserves the following rights: (a) to reject any and all bids, in whole or in part, and, in particular, to reject any bid not containing data required by the Invitation to

Bid documents (b) to increase and decrease quantities, (c) to make partial awards,

(d) to waive any irregularity, (e) to award or reject a bid on the basis of previous performance, reputation or experience, (f) to accept the bid that will be in the best interest of the district. It shall be at KPS’s discretion to determine what services shall be included as services under this Contract and what services shall be included as services under other contracts.

e. No bid will be accepted, nor contract awarded, to any Contractor whose performance on any previous contract with this or any other school district has been determined to be unsatisfactory. KPS reserves the right to be the sole judge in this decision.

f. Within thirty (30) calendar days following the award of the bid, the successful bidder will enter into a written contract with KPS and shall, at that time, provide copies of all policies of insurance required hereunder, and the performance bond for the first school year of the Contract, as well as sign the district’s Student Data

Privacy Agreement. A new bond will be provided for each subsequent school year.

No contract will be signed until a satisfactory performance bond and copies of all policies of insurance required hereunder are delivered to KPS.

g. No rights will imbue unless and until a written contract is executed by both KPS and the Contractor. Accordingly, no bidder can claim any rights by virtue of submitting a bid, including the lowest bid, or the receipt of a notice of award.

h. More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for supplying school bus transportation will result in the rejection of any and all bids in which such bidder is interested. Any or all bids may be rejected if there is reason to believe that collusion exists among bidders and no participants in such collusion will be considered in future bids. However, alternate bid ideas that could prove cost effective will be allowed, provided the required bid is also submitted.

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i. KPS will not enter into any contract for purchasing with any person, agency, or organization if it has knowledge that such person, agency, or organization discriminates on any basis protected under federal law, Connecticut law, or Board policy. Each bidder shall complete and return the Affirmative Action Memorandum, in the form attached, with its bid.

11. Other Requirements.

a. The bidder will furnish a statement of proof of financial responsibility, consisting of its most recently completed certified audited financial statement.

b. The bidder will be required to present information concerning its personnel management program for:

▪ screening, testing, training, monitoring and evaluating driver performance.

▪ testing for drug and substance abuse before and during employment

▪ providing a support staff of mechanics, dispatchers, trainers, risk managers, supervisors and/or management

▪ driving training, student management and safety program for drivers transporting special education students

c. Provide the name of each school system in the State of Connecticut you previously were, or are currently, under contract with for transportation of students.

d. Complete the reference check form attached to this bid document, which shall include at least three (3) Connecticut public school systems for which the bidder is currently providing student transportation (“Reference Check”). The Bidder, by submitting a bid, hereby authorizes KPS or its authorized agent to contact such references listed on the Reference Check without obtaining any other consent from the Bidder. Such Reference Check is incorporated into and made a part of this bid.

e. Describe:

▪ the location that the vehicles/buses used under this contract shall be parked and staffed to work.

▪ maintenance facilities where vehicles will be maintained.

▪ other facilities which you deem significant as bearing upon your ability to provide the transportation requirements outlined in the specifications.

f. The bidder must submit its planned preventative maintenance program. An on-site risk manager/trainer is desired.

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g. The bidder will be bound by all applicable statutory provisions of law of the federal government, the State of Connecticut, and the Town of Killingly, with all requirements issued in writing by the Commissioner of Motor Vehicles or Public

Utilities Commission, and with all requirements of the State Board of Education or

Killingly Public Schools affecting the transportation of school children.

h. Bidders will not include in its pricing federal excise taxes nor state sales taxes from which Killingly Public Schools are exempt.

i. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of contract or any portion thereof or of his/her right, title or interest therein, or of his obligations there under, without consent of KPS.

j. Any intentional misrepresentation may cause disqualification of the bid.

k. The final executed contract can be modified, if and only, when written consent is given and provided by both parties.

l. No vehicle/bus provided under the contract shall exceed eight (8) years from the date of original manufacture at any time during the term of the Contract.

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TRANSPORTATION REQUIREMENTS

1. Basic special education transportation service under the Contract includes pick-up of students at their homes (or at times a central location), travel to the school/center and returning students back to their homes/drop-offs. Thereafter, billing would be based on that estimate, except as otherwise provided herein. KPS notes that Connecticut Public Act 25-67 instructs the Connecticut State Department of Education to develop billing standards for special education transportation services by January 1, 2027. Public Act 25-67 further mandates the use of such billing standards as of July 1, 2027. The contract awardee will be required to comply with all aspects of federal, Connecticut, and local law, as well as any other applicable legal authority, including the mandates of Public Act 25-67.

Notwithstanding anything herein to the contrary, to the extent that application of the billing standards developed by the Connecticut State Department of Education in accordance with

Public Act 25-67 conflicts with the provisions herein, changes the billing methods established by the bid, results in a lesser charge to KPS than would otherwise be charged according to the bid, or affects the bid and/or the relationship between the parties in any manner, the effect of Public Act 25-67 shall be controlling.

2. Contractor will supply, upon KPS request, support staff to aid in the safe transportation of students to and from educational institutions.

3. The Contractor will be required to maintain a toll-free number for parents.

4. Transportation service will be provided as needed. There are approximately 182 days during the school year (though payment for 182 days is not guaranteed), and summer/ESY programs commonly include between 20 and 60 days of service.

5. If authorized in advance by the KPS Transportation Supervisor, students from other school districts will be permitted to ride share for the purpose of consolidation of routes to/from placement addresses. Prior to the start of school, the Contractor will provide KPS a list with rideshare information. This will include the student’s town, age, and school. The

Contractor will also notify KPS during the school year prior to new rideshares taking place and provide the same information. Prices will be adjusted accordingly for all ride shares and indicated on the Bid Forms. The total amount of time that a student may spend in the vehicle/bus during either the a.m. or p.m. run may not exceed one hour without prior authorization from the Transportation Supervisor.

6. Service levels may change requiring either the addition or deletion of vehicles/buses. The

Contractor is expected to provide additional vehicles/buses to meet the needs of KPS upon three (3) business days’ notice to the Contractor. The rates in existence at the time will be the rates used if a change occurs. Additional vehicles/buses shall be at the price per vehicle/bus/per day described in the Contractor’s pricing pages from its bid, except as such pricing may be affected by Connecticut Public Act 25-67 (as described herein), and any reduction in vehicles/buses shall reduce the amount KPS pays per vehicle/bus/per day described in the Contractor’s pricing pages from its bid attributable to the vehicle(s)/bus(s) that will no longer be needed.

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7. The Contractor is solely responsible for the costs associated with fuel, maintenance, insurance, labor and vehicles/buses. Prices on bid forms shall be all inclusive.

8. Pricing for extracurricular activities, extra runs, etc. shall be submitted on a flat hourly basis (consistent with the standards set forth herein), regardless of whether the route is an in-district or out-of-district route. This includes transportation for an outplaced child that may spend time at an in-district school or vice versa. Hourly billing will be based on time of first child pickup to drop-off at school. On return trips, it will be based on dismissal time at school, until last child is dropped off at home. On school to school trips, hours will be based on pickup at school to drop-off at school. Invoices must comply with applicable law and be accompanied by supporting documentation that substantiates all billing including but not limited to, applicable dates, destination points, number of students and time billed calculation data. In instances of homelessness under the McKinney-Vento Act where towns share the cost of transportation, upon notice from KPS as to allocation of the invoice, the Contractor will bill each town separately for the expenses incurred.

9. KPS agrees to make payments to the Contractor within forty-five (45) days after receipt of an invoice for services provided in the prior month.

10. Except as otherwise provided herein, the Contract price payable for each vehicle/bus used in providing services under this Contract is detailed in the Contractor’s bid forms, which shall be attached to and incorporated into the Contract. The number of vehicles/buses needed under this Contract will vary. The cost of each vehicle/bus will be determined by the type, year of the Contract and the cost per day specified for that type of vehicle/bus as listed in the Contractor’s bid forms. Under no circumstances is Contractor authorized to charge overtime to the Board.

11. KPS may withhold payments for services when KPS determines, in its sole discretion, that the services provided (or not provided) do not meet the requirements of this Contract. Payments for such services shall not be made until the Contractor has made corrections which are acceptable to KPS.

12. For basic special education transportation, KPS currently runs eight (8) standard out-of-district vehicles and two (2) out-of-district wheelchair vehicles. There are six (6) ride shares. There are currently eight (8) support staff provided by the Contractor to fulfill our requirements. This is for informational purposes only and is subject to change at any time.

13. In summer 2025, there were seven (7) standard out-of-district vehicles. There was one (1) ride share. There were two (2) support staff provided by the Contractor to fulfill KPS requirements. Please refer to the list of current outplacements with regard to an estimate of trip hours. All are subject to change at any time.

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14. For auditing purposes, Contractor must retain transportation records for a period of three

(3) years following contract end date. Records should include:

a. Transportation dates and travel times

b. Billing information

c. Passenger names and pickup detail

d. Destination, name and address

e. Driver names

f. Dated signatures of drivers and supervisor

15. The Contractor will agree to transport school children according to the school calendar in effect for each school year of the contract with the provision that KPS reserves the right to change this calendar as conditions may warrant, for each school our students attend and without additional or excess charge. Other public and private schools to which transportation is provided under the Contract may operate on days which Killingly Public

Schools are not in session and vice versa.

16. On each school day where there is a limited session or any portion of a day, buses will be ready at the school loading areas to take pupils immediately after the time set for the closing of school.

17. If, during the life of the contract, sufficient increase or decrease in school population occurs, which would require the use of additional or fewer vehicles/buses, KPS will request the Contractor to supply or reduce the necessary vehicles/buses and drivers. All billing is to be based on rates in existence for the applicable school year, except as provided for herein, regardless of demand.

18. Drivers are to receive EPI Pen Training as required by the State of Connecticut, at no cost to the District.

19. Drivers are to receive Mandated Reporter Training as required by the State of Connecticut, at no cost to the District.

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VEHICLES AND TRAVEL

1. Some vehicles/buses will be required to be wheelchair accessible with lift and a restraint system for both chair and occupant. Contractor will provide pricing both with and without wheelchair access as indicated on the Bid Form. All vehicles/buses must have air conditioning, digital audio/video monitoring systems, and GPS. All Type II buses must have child check mate systems. All camera use and video viewing shall be consistent with the policies and procedures established by KPS and the Killingly Board of Education.

2. Ages of vehicles/buses utilized shall not exceed eight (8) years at any time during the term of contract. The Contractor shall provide KPS at least one week prior to the start of each school year, and updated as necessary, with a list that contains descriptions of each of the vehicles/buses to be used by the Contractor in the performance of its duties under this Contract, including: the year of manufacture, make of the chassis, make of body, seating capacity, and V.I.N.

3. All vehicles/buses shall be painted and designated according to applicable laws and regulations.

4. Telephone contact with the Transportation Supervisor must be made as soon as possible after the occurrence of any emergency, accident, or incident. The bus Contractor will agree to submit detailed written reports to the Transportation Supervisor, within 24-hours of the occurrence of any accident or serious incident involving any of our vehicles/buses while operating for the school district. Driver and bus company responsibilities are outlined in the section entitled

“Vehicle and Bus Accident/Incident Procedure, Information Required”, attached hereto and incorporated herein.

5. Seat belts are required for all passengers. Harnesses, star seats or car seats, where required will also be provided by the Contractor. Support staff, when required by KPS, will be trained as to the proper and safe use of all equipment, by the Contractor.

6. All vehicles/buses must serve the special needs of students, including safety regulations and be in compliance with both State and Federal laws.

7. Vehicles/buses must be maintained in good mechanical order and cleaned prior to each use.

8. Contractor will be responsible for all insurance, fuel, maintenance and cleaning of all vehicles/buses.

9. All vehicles/buses must be equipped with reliable communication methods, such as a two way radio system to dispatch, with a required cell phone as backup.

10. KPS reserves the right to reject any vehicle/bus from service due to poor mechanical performance, appearance or safety concerns. In such an event, the transportation company shall either repair or replace said vehicle/bus in compliance with fulfilling the requirements of the

Contract.

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VEHICLES AND TRAVEL

11. The Contractor will be required to develop safe routes and schedules that require minimum billable time under the constraints established and information provided by KPS, for out-of-district placements. The KPS Transportation Supervisor will assist the Contractor, when necessary, with coordinating ride shares and the routing of out-of-district routes.

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VEHICLES AND BUS MAINTENANCE

1. All vehicles/buses will, at all times, be maintained by the Contractor in a clean, suitable and proper mechanical condition. The successful bus Contractor must also be able to show evidence to KPS satisfaction of having the capacity of providing adequate maintenance and service facilities.

a. The Contractor will maintain vehicles/buses according to a planned preventative maintenance program and adhere to state and federal requirements. Evidence of such plan, satisfactory to KPS, will be presented with the bid.

b. The Contractor will be required to keep on hand at its garage, substitute mechanical parts which are of such a nature that they may be used at any time to repair the vehicles/buses.

c. The Contractor will be required to agree:

1) To use only vehicles/buses which have been carefully maintained and in satisfactory operating condition.

2) To keep vehicles/buses in good working condition at all times.

3) To furnish all necessary maintenance and repairs through the entire period of the contract.

4) The Contractor will assume full responsibility for all repairs to vehicles/buses caused by vandalism or otherwise. KPS will cooperate with the Contractor in investigations to identify the perpetrators if such vandalism occurs in the Town of Killingly.

2. Vehicle/bus inspections must be completed in accordance with Connecticut Department of

Motor Vehicle guidelines. KPS will have the right to request inspection reports at any time it is deemed necessary.

3. At any time during the term of the Contract, KPS or its agent will have the right to inspect the Contractor's maintenance records and to conduct inspections of the Contractor's equipment and personnel by riding as a passenger, or by any other reasonable means, and to make recommendations concerning changes, repairs or additions to the mechanical equipment of the Contractor. It will be the responsibility of the Contractor to carry out these recommendations within the reasonable time period designated by KPS.

4. The vehicles/buses will be maintained in first class repair and working order and in clean and sanitary condition. Vehicles/buses will be adequately heated and air conditioned and will have sufficient power to operate in accordance with the schedule of KPS under reasonably foreseeable circumstances. The operator will conduct a pre-trip inspection, as required by State of CT Motor Vehicle Requirements, each time the vehicle/bus is put into servi

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DRIVERS AND STAFF

It will be the Contractor's sole duty and responsibility to maintain and administer all phases of the vehicle/bus operation under the terms of the contract.

1. The Contractor will take the highest degree of care in recruiting and selecting drivers. All possible steps in screening should be taken to assure that the children of the school district are being transported by safe responsible drivers. Drivers selected by the Contractor must have a current license in compliance with state law. The expectation is that driver appearance and demeanor is appropriate. KPS reserves the right to review all personnel and driving records and to reject any proposed driver or other personnel.

In order to ensure a high level of consistency and safety, drivers will be assigned a regular route, except in the cases of an emergency. Each driver must become thoroughly familiar with assigned runs prior to actually transporting students, including at least one practice run making all stops with no passengers on board.

2. The Contractor will file and maintain a list of drivers and substitute drivers and their license numbers. No person may operate a vehicle/bus for KPS pursuant hereto whose name does not appear on said list, except in cases of bona fide emergency. KPS authorities reserve the right to approve or disapprove any/all drivers prior to or during employment.

3. The Contractor will employ:

▪ A dispatcher who will be stationed at the Contractor's facility during the school days. The dispatcher is not to be a regularly scheduled bus driver; he/she will not drive a vehicle/bus or leave the vicinity during the time school vehicles/buses are in operations, unless an emergency exists, or as necessary to conduct risk management and safety activities.

▪ At least one trained and qualified mechanic, who will be stationed at the

Contractor's facility during vehicle/bus operating hours and until all vehicles/buses have arrived back at the bus depot.

▪ Legally qualified, licensed by the State of Connecticut, and competent school vehicle/bus operators, sufficient in number to ensure the regular and uninterrupted operation of the transportation as required by the routes and schedules.

▪ At least one full-time manager or supervisor, who will not be a regular driver.

▪ The Contractor must have access to a state of Connecticut Certified Safety

Instructor.

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The purpose of this section is to ensure that a person, or persons, familiar with KPS routes and drivers, will be continually available for handling telephone calls and follow-up with parents and/or personnel from the school system and will be available to respond to driver’s radio communications at all times.

The dispatcher and/or contract manager, for emergency reasons, will be available by telephone to the

Transportation Supervisor and/or Superintendent of Schools, or his or her designee, at least two (2) hours before school opens and one hour (1) after the last student is dropped off.

4. The Contractor and its operators will be required to comply with all federal, state and local laws, rules and regulations, including without limitation, the laws of the State of

Connecticut and all regulations/requirements of the State Motor Vehicle Department, Public Utilities Commission, the State Department of Education and the Killingly Public

Schools/Killingly Board of Education, which apply to the operation of school vehicles/buses and the transportation of school children. It will be the responsibility of the

Contractor to make certain that all personnel employed are familiar with all of the aforesaid laws, rules, regulations and policies and any other transportation manual they will require, in order for them to carry out all aspects of the positions they were hired for.

5. KPS reserves the right, acting through the Superintendent of Schools, or his/her designee, to require the immediate removal from providing services under the Contract of any of the

Contractor's employees to drive Killingly Public School students at any time. The employee will not thereafter be reinstated to drive for KPS without approval of KPS

Superintendent or designee.

6. All Contractor personnel or agents who will or could have contact with minor students in accordance with provision of transportation services shall be subjected to background checks consistent with requirements imposed by KPS. No one who has been convicted or indicted or has charges pending against him or her for a crime of a violent nature, a crime involving drugs or alcohol, or a crime against a child will be permitted to drive a vehicle/bus under the Contract.

7. The bid submission will include documentation of the school vehicle/bus driver training, student management and safety program. Such documentation shall be provided to KPS upon reasonable request during the term of the contract. The driver training will be in accordance with the program established by the Connecticut Department of Motor

Vehicles. Driver instruction will be administered by a qualified instructor. Bidders shall also submit information on the additional training for drivers transporting special education children. The Contractor agrees to coordinate and participate in a meeting with drivers and school system personnel, at least once per school year, at the Contractor's expense. The

Contractor agrees to provide no less than one safety seminar annually with attendance compulsory for all drivers. The Contractor will also be required to hold safety meetings with drivers in accordance with State regulations.

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DRIVERS AND STAFF

8. The Contractor will be required to institute a continuing program of driver and safety instruction. The Contractor will be required to keep a log on training given to each driver and KPS reserves the right to inspect such logs and to attend all safety meetings and driver training sessions as observers.

9. The Contractor will be solely responsible for the proper training and qualification of their drivers. The Contractor will indemnify and hold KPS harmless from any harm, damage or loss, arising from any cause related to actions or inaction by any of its drivers. Each bidder must submit with its bid documentation pertaining to the bidder’s personnel procedures used in screening, drug and substance abuse testing (before and during employment) and monitoring and evaluating driver performance. Such documentation shall be provided to

KPS upon reasonable request during the term of the contract.

10. Each driver will, at all times, be in complete charge of the vehicle/bus he/she operates, allowing no misbehavior and ensuring that all students keep in their seats. Drivers shall be able to react to a student’s misbehavior in a constructive/appropriate manner. The driver will report to the Contractor, the KPS Transportation Supervisor (and possibly the school principal or their designee and the Pupil Services department), via a Bus Conduct Report in a format approved by KPS, the name of any student whose conduct endangers others.

The Contractor will forward the names of all such offenders to the Transportation

Supervisor. No student will be removed from any bus while in route, except at her/his designated stop. While in route on an authorized trip, only the driver, students designated to be transported on that trip, designated chaperones or monitors, and other persons designated by KPS, will be aboard any vehicle/bus. A driver requesting permission for their children to ride their vehicle/bus, must be within their company policy guidelines. The children’s names and ages are also required and to be kept on file with the Contractor. KPS, in its sole discretion, has the right to allow/not allow that drivers’ children to ride in vehicles/buses.

The Contractor will, at all times, hold harmless and indemnify, the Town of Killingly, the

Board of Education, and employees and elected officials from and against any and all liability, damages, loss claims, accidents, costs, expenses, including attorney's fees, occasioned by or rising out of the Contractor’s transportation of drivers’ children.

11. The Contractor shall be fully responsible for the care and supervision of students during their transportation. The transportation of a student shall be deemed to have begun when such student makes physical contact with the vehicle/bus and shall be deemed to have ended when the student has departed the vehicle/bus at a reasonable, safe place.

12. The Contractor shall perform criminal background checks (with fingerprinting) on any driver or monitor, prior to being assigned a route, who provide the services pursuant to the

Contract. The Contractor shall also perform, and any drivers and monitors assigned to perform services under the Contract shall submit to, a background check of information maintained on the Abuse and Neglect Registry of the Connecticut Department of Children and Families (the “Registry”). Contactor agrees that all background checks shall comply

18 | P a g e with Section 10-222c of the Connecticut General Statutes, and Contractor shall immediately notify KPS of any findings required to be reported by such law. The

Contractor shall also provide KPS with a certification of compliance with these requirements in writing.

13. No music generating device (AM/FM radio, CD, iPod or cassette player, etc.) will be played on board any vehicle/bus by the driver while students are on board or while the vehicle/bus is in motion as this could serve to distract the driver or render inaudible sounds which the driver should be able to hear for safety reasons.

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SCHOOL CLOSINGS AND DELAYS

1. Contractor shall agree to transport students according to the school calendar in effect for each of the placement institutions or schools, with the provision that each of those agencies reserves the right to change the calendar as conditions may warrant. No additional compensation shall be due, based on school calendar differences between institutions or schools.

2. During inclement weather, the following procedure is used to alter transportation schedules or cancel transportation service. If there are any deviations to the procedure below the

Contractor will be notified directly by the Transportation Department.

a. When KPS is closed, no students will be transported to programs.

b. When KPS is delayed, students will also be delayed for their out-of-district programs.

c. When KPS has an early dismissal due to inclement weather, students will be picked up at their locations early, according to the facility’s early release schedule.

3. If the out-of-district program cancels school, delays opening or closes early, it is their responsibility to notify the Contractor directly. If a student will not be attending school due to illness or other circumstances, it is the responsibility of the parent to notify the

Contractor directly.

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OTHER PROVISIONS

1. The Contractor shall not assign or otherwise dispose of their right, title or interest, or their power to execute such contract to any other person, firm or corporation.

2. If at any time the Contractor does not provide the required number of vehicles/buses or drivers or fails to provide a vehicle/bus on time or fails to deliver or pick up students on time, KPS may deduct from the monthly payment the current daily price of the vehicle/bus if the Contractor fails to conduct a scheduled run/route.

3. All items in these bid specifications and agreed to by the acceptance of the Contractor’s bid are considered incorporated into the Contract as if fully set forth therein.

4. Failure to adhere to and comply with the conditions of the bid and the contract will subject the contract to termination, in the discretion of the Board.

5. In the event of termination as a result of breach by the transportation company, no further payment under the contract shall be required. In the event of termination of the Contract and the necessity to bid or otherwise negotiate a new contract for transportation service with another contractor, the original contractor will be responsible for indemnifying KPS for costs incurred in obtaining a new contract, and additional costs associated with such.

6. Expectations: Killingly Public Schools has high expectations for student transportation services. Below is a partial list of the criteria KPS expects the Contractor to meet at all times in fulfilling this Agreement.

a. To promptly pick-up children and return them home safely.

b. To get children to school on time.

c. To provide highly skilled and courteous drivers.

d. To work continuously to maintain and improve an enviable safety record.

e. To keep vehicles/buses in excellent mechanical condition.

f. To work in an effective and professional manner.

g. To work with the school administration and parents to maintain the best possible community relations.

7. The Contractor will at all times comply with all federal, state, regional and local laws, regulations, rules, policies, standards and ordinances in force for public school transportation and motor vehicle/bus operations.

8. Killingly Public Schools reserves the right to immediately terminate this agreement or any other agreement with the Contractor if any of the conditions listed below exist. This list is not all-inclusive.

a. The Contractor is unable or refuses to fulfill the terms and conditions of the Agreement, including failing to comply with agreed-upon schedules.

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b. The Contractor repeatedly breaches the terms and conditions of the Agreement, including failing to comply with agreed-upon schedules.

c. The Contractor is unable to maintain safe vehicles/buses and/or transportation services to the students in need.

d. The Contractor fails repeatedly to meet the school schedule and/or repeatedly fails to pick-up students.

e. The Contractor becomes insolvent, makes an assignment for the benefit of creditors or is undergoing a voluntary or involuntary petition for bankruptcy.

f. The Contractor subcontracts, assigns, transfers, conveys or otherwise disposes of its obligations under this Agreement other than as provided in this Agreement.

g. The Contractor fails to maintain the required insurance or performance bond.

h. The right to terminate shall be in addition to any other rights KPS may have.

9. The Contractor, as well as KPS, will investigate all complaints, keep a log of such complaints and will report the action taken to the Transportation Supervisor within twenty-four (24) hours, with said report to be confirmed promptly in writing. A copy of the annual log will be forwarded to the Transportation Office by June 30th of each contract year for disbursement to the Commissioner, Department of Motor Vehicles.

10. The Contractor will be required to sign KPS’ student data privacy agreement.

11. KPS is a “public agency” for purposes of the Connecticut Freedom of Information Act

(“FOIA”). KPS is entitled to receive a copy of records and files related to the performance of the transportation services, and such records and files are subject to FOIA and may be disclosed by KPS pursuant to FOIA.

12. The Contractor shall not be held or deemed in any way to be the agent or employee of KPS.

It is the intention of the parties that the Contractor shall be and is to be considered an independent contractor.

13. Miscellaneous

a. If any provision of the Contract is subsequently found to be illegal or invalid, all unlawful provisions shall be deemed stricken from the Contract and shall be of no effect and the remaining provisions shall not be affected thereby and shall remain in full force and effect.

b. This Contact and all Exhibits attached hereto constitutes the full and complete agreement of the parties hereto and shall be binding upon their respective permitted successors and assigns.

c. The Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut.

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d. Notices, requests, demands and documents required or desired to be given hereunder shall be in writing and delivered (i) personally (ii) by a nationally recognized overnight delivery service or (iii) by deposit into the United States mail, postage prepaid, certified or registered mail, addressed to the party at the following addresses or at such other address as notice thereof may have been given pursuant hereto:

To KPS:

Killingly Public Schools

Attn: Transportation Supervisor

79 Westfield Ave Danielson, CT 06239

To Contractor:

e. No failure by KPS to insist upon the strict performance of any agreement, term, covenant or condition hereof, or to exercise any right or remedy consequent upon a default thereof, shall constitute a waiver of such default and shall not be deemed to be a waiver of a subsequent default of such term, covenant or condition.

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INSURANCE AND BONDING

To the fullest extent permitted by law, the Contractor will, at all times, defend, hold harmless and indemnify, the Town of Killingly, KPS, the Killingly Board of Education, and their respective employees, agents, and elected officials from and against any and all liability, damages, loss claims, accidents, costs, expenses, including attorney's fees, occasioned by or rising out of the

Contractor's operations, activities or omissions, or those of its employees and agents in furnishing the services provided herein or a default in the performance of the Contractor’s obligations under the Contract. This provision shall survive the termination of the Contract.

The Contractor will maintain in full force and effect during the term of the contract, a policy or policies of insurance covering the Contractor and all vehicles/buses owned, maintained, used, leased and hired by the Contractor. Such policy shall name the Town of Killingly and KPS, and their agents and employees and each registered driver, as additional insureds. Such policy shall be primary and noncontributory to any valid and collectible insurance carried separately by the Town or KPS. Such policy shall cover liability for personal injury and property damage or loss of use thereof resulting from the ownership, maintenance, or use of any such vehicle/bus by the

Contractor, its agents or employees. Such policy shall also cover intentional driver actions or misconduct, sexual abuse, harassment and molestation. Contractor's insurance policies shall be written on an occurrence basis and shall specifically insure against the contractual liability the

Contractor assumed under the contract, including, without limitation, the Contractor’s obligation to indemnify the Town and the Board. Contractor's insurance policies shall provide for not less than 30 days prior written notice to the Board by registered or certified mail of any cancellation, restrictive amendment, non-renewal or change in coverage. The minimum policy limit will be

$10,000,000 for personal injury, death or property damage.

In addition to the foregoing, at all times during the life of the contract, the Contractor will maintain, in full force and effect, comprehensive general liability, completed operations, and comprehensive automobile liability insurance written by a company or companies licensed to do business in the

State of Connecticut, such policy or policies to be approved by KPS. The policy or policies will provide that the Contractor and KPS are jointly and severally insured against risks and claims arising out of the maintenance and/or operation of the vehicles/buses dealing with transportation of pupils of Killingly.