Student Transportation contract.pdf

STATE OF WASHINGTON

WASHINGTON CENTER FOR

DEAF AND HARD OF HEARING YOUTH

Student Transportation Charter Bus Services Northbound Routes for:

Washington Center for Deaf & Hard of Hearing Youth (CDHY)

Washington State School for the Blind (WSSB)

Location in Vancouver, Washington Terms

1. Scope

Provide weekly bus transportation between the two school campuses and various points along the I5 corridor in Washington.

2. Price Adjustment

Prices shall be adjusted on an as needed basis for the price of fuel, beginning 12 months after the start of the contract. Any other price adjustment requests must be requested in writing and agreed upon with CDHY and WSSB.

3. Order Cancellation

Purchasers may cancel or change orders for standard contract items without penalty within 48 hours of scheduled bus trip. The purchaser shall not be charged for weather related cancellations that are out of purchaser’s control. If the full route is not run, purchaser shall not be charged for the full route. If the bus cannot be driven due to mechanical failure during the route, purchasers shall not be charged for the full route. The Vendor must inform school representatives when there is a bus breakdown. The Vendor must include the representatives in any alternate decision made, or, at a minimum, notify the school representatives of the alternate plan chosen

4. No Advanced Payment

No advanced payments unless otherwise specified.

5. No Additional Charges No additional charges unless otherwise specified. Example: No cleaning charge should a student get ill on trip.

6. Monitors

The school employees riding the bus to monitor the students must be transported to and from Vancouver, WA (school campuses.)

7. Conflict Resolution

Prompt resolving of problems that come up, resolutions will be in writing from the vendor to the schools (CDHY/WSSB.)

8. Contract Terms

The contract shall be awarded for 2 years with extensions allowed to a maximum of 6 years total. Termination as needed and be notified in writing from either party.

North Routes

North 1 (Taco)

KELSO (3 Rivers Mall – Target) FRIDAY SUNDAY Exit #39 1:05pm 7:30 pm

CHEHALIS (Papa Bear West Restaurant) FRIDAY SUNDAY Exit #68 1:40pm 7:05pm

CENTRALIA (Park N Ride) FRIDAY SUNDAY Exit #81N/#82S 1:50pm 6:55 pm

LACEY (South Sound Mall – Next to Applebee’s by flags) FRIDAY SUNDAY Exit #107N/108S 2:25pm 6:05 pm

TACOMA (Timberland Bank 7805 S Hosmer St) FRIDAY SUNDAY Exit #128N/#129S 3:10pm 5:30 pm

North 2 (Bell)

SOUTHCENTER (Double Tree) FRIDAY SUNDAY Exit #153/154B - 16500 Southcenter Pkwy 3:00 pm 5:15 pm

LAKE FOREST PARK (Thriftway) FRIDAY SUNDAY Exit #177 – 20150 Ballinger Way NE 4:00 pm 4:30 pm

EVERETT (Union 76 Station) FRIDAY SUNDAY Exit 193 4:45pm 3:50pm

MARYSVILLE (Donna’s Travel Plaza) FRIDAY SUNDAY Exit 202 5:15pm 3:30pm

MT. VERNON (Denny’s) FRIDAY SUNDAY Exit #227 6:00 pm 3:00 pm

Bellingham (Yorky’s) FRIDAY SUNDAY Exit #258 – 3910 Bennett Drive 6:40 pm 2:30 pm

Included Services (Specifications)

1. REQUIRED COMPANY REQUIREMENTS

a. Any company awarded the contract must be appropriately certified and properly registered, licensed, and have the appropriate state permits to carry the anticipated passenger and baggage weight within the transit state accordance with all current state and federal requirements. Evidence of same must be provided upon request. Reference 49 CFR 383.

b. Bidder Is, at the time of bid opening, or prior to that time required by law, an established business firm licensed to do business in the State of Washington, with all necessary licenses, bonding, facilities, equipment, and trained personnel necessary to perform the work as specified in this solicitation.

c. Bidder has satisfactorily performed work of an exact or similar nature to the work described In this solicitation for the past three (3) consecutive years.

d. Bidder has references to attest to the quality and timeliness of the similar services provided.

The quality and applicability of vendor references will be used as a factor for vendor selection.

e. Bidder has representatives at their facilities authorized to act on behalf of the vendor between the hours of 8 a.m. and 5 p.m. Sunday through Saturday weekly. Vendor shall provide the customer's representative with a list of individuals who may be contacted directly after normal business hours in the event of an emergency.

2. REQUIRED VEHICLE REQUIREMENTS

Buses and Motor Coaches are required to include, but are not limited to, the following:

a. Buses and motor coaches shall have operable heating and air conditioning, recliner type seats, rest rooms and overhead parcel racks. Vendor shall maintain a two-way type of radio system at its headquarters and in all motor coaches used under this contract In order to provide communication and coordination between all motor coaches involved in-group movements and to assist in the event of breakdowns or route changes. All motor coaches shall meet standards and specifications as set forth by the U.S. Department of Transportation and the State of Washington.

b. Bus interiors and exteriors must be cleaned and serviced prior to each departure.

c. All buses ordered under this contract will be designated as non-smoking.

d. On board restrooms must be clean, sanitary and functional with adequate provision of toilet tissue, soap, paper towels and fresh wash water, or towelettes, for each trip.

e. Bidder can furnish transportation by means of suitable, proper, safe and approved vehicle(s)

(motor coach, bus, etc.) to be provided by the vendor at their own cost and expense.

Equipment furnished must be in good mechanical condition and under a preventative maintenance and replacement program that will ensure safety and reliability.

f. Copies of the latest inspection reports for vehicles to be used for services outlined in this solicitation

g. Air conditioning and heat.

h. Wheelchair access for contracted services (as needed) Schools will provide a two week notice if a wheelchair accessible bus becomes necessary.

i. Restroom access on Bus(s) and Motor Coach(es)

j. DVD player and monitors that provide legible subtitles and audio (for all students to access movie content equitably). DVD players must have a working remote and back-up batteries on board.

3. PREFFERED VEHICLE REQUIREMENTS

It is preferred that the vehicles used for this contract have seat belts.

4. REQUIRED DRIVER QUALIFICATIONS

a. All drivers must possess a current CDL-P driver's license.

b. All drivers have passed a medical examination in accordance with standards established in

40 C.F.R 391.41 through 391.49 of the Federal Motor Carrier Safety Regulations.

c. All drivers must have passed a statewide online background check via the Washington State

Patrol WATCH program at the time of bid submittal.

d. All drivers must submit to an FBI Identification Record, Criminal History Record. Originals will be sent to the Procurement Coordinator for verification. CDHY & WSSB will determine if the driver will be eligible to participate in the contract based on the submitted documentation, notify the contractor of the driver's eligibility, and return the originals to the Contractor.

e. All drivers shall be in compliance with the Federal Highway Administration's controlled substances testing regulations for interstate drivers. A copy of the vendor's drug policy must be included in proposal. Persons who may be employed as substitutes or standby drivers shall fully comply with all requirements pertaining to regular drivers.

f. During the life of the contract, CDHY & WSSB may request proper documentation to support a driver's eligibility.

5. REQUIRED SERVICES REQUIREMENTS

Services are to be provided as needed per the terms and conditions herein. Vendor shall, during the term of the contract, provide and maintain an adequate number of buses to transport, conveniently and safely, any and all passengers as designated by the contract.

a. Transportation will be for purchase of weekend transportation services for Northbound Routes for the (CDHY) and (WSSB) located in Vancouver, Washington. This service is for students who are transported to and from their bus stops and their assigned school every weekend during the school year.

b. Travel Routes and Days. Any company awarded the contract must be able to:

Provide uninterrupted delivery of services with the necessary equipment and staff to provide transportation to the required stops on the required dates in accordance with the customer's needs as set out Travel Routes and Days.

Have capacity to accept route changes due to student enrollment.

This may equate to a change in pricing at the discretion of the WSD and WSSB.

Upon mutual agreement between the vendor and the identified personnel below at both (WSSB) and (CDHY), the parties have the right to cancel travel in emergency situations:

o Director of On-Campus Programs at WSSB o Residential/Transportation Secretary at CDHY

6. REJECTION OF EQUIPMENT

a. Customer representatives and/or office staff may reject any transportation equipment/services that do not meet the specific requirements of this contract. Vendor shall provide one of the following based on representative's request:

1. Vendor to obtain replacement equipment at no additional cost to the customer; or

2. Customer to adjust trip schedule; or

3. Customer may opt to accept the offered equipment/services; or

4. Customer may arrange for alternative transportation.

7. SAFETY AND QUALITY ASSURANCE

a. Bidder Is obligated to comply with generally accepted standards of the bus and motor coach transportation industry for operation and maintenance practices.

b. As a minimum, Bidder shall comply with all provisions of applicable statutes and agreements, which may affect safety, and with all Department of Transportation and State regulations, directives, orders, rules and standards pertaining to services provided hereunder.

c. Bidder shall not provide equipment or drivers that are in an "out of service" condition as defined by the North American Uniform Out of Service Criteria, adopted by the Commercial Vehicle Safety Alliance (CVSA), or fail to comply with any applicable State laws. Motor coaches shall display a current CVSA safety inspection program decal.

d. Bidder shall provide safety and quality assurance records for each vehicle described with each bid and upon request of the Contract Manager during the terms of the contract resulting from this solicitation.

e. Bidder shall provide Proof of Highway Patrol and CVSA inspection compliance with each bid and upon request of the Contract Manager during the terms of the contract resulting from this solicitation.

f. Bidder shall keep equipment clean, orderly, and in a good state of repair, and comply with generally accepted standards of maintenance.

8. BAGGAGE AND PARAPHERNALIA

a. Vendor shall transport at least the amount of baggage and paraphernalia requested at the time of the order. Vendor personnel shall supervise and assist in loading and unloading of baggage and paraphernalia transported by passengers. The vendor shall be responsible for insuring that baggage/paraphernalia and baggage compartment doors are properly secured.

With advance notice, the vendor shall provide locks to secure the bus and/or baggage compartment.

9. EQUIPMENT FOR THE HANDICAPPED

a. The Vendor shall comply with the Americans with Disabilities Act of 1990 (Public Law 101-

336) and any other laws related to the provision of handicapped transportation services. The Vendor shall provide the customer with transportation equipment for the physically handicapped when requested.

Insurance Requirements

During the Term of this Master Contract, Contractor, at its expense, shall

1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor shall possess and maintain in full force and effect, at Contractor's sole expense, the following insurance coverages:

a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance

(and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, personal

Injury, and advertising injury liability on an 'occurrence form' that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form

CG 00 01 in the amount of not less than $5,000,000 per occurrence and $5,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition.

b. BUSINESS AUTO POLICY (BAP). In the event that services delivered pursuant to this Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence arising out of or In consequence of the performance of this service by the Contractor, Subcontractor, or anyone employed by either. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $5,000,000 per accident or occurrence. The business auto liability shall include Hired and Non-Owned coverage. Contractor waives all rights against the State of Washington for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. The limits of all Insurance required to be provided by Contractor shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits.

A cross-liability clause or separation of insured condition shall be included in all general liability, professional liability, pollution, and errors and omissions policies required by this Master Contract.

c. ADDITIONAL INSURED. Except for Works' Compensation, Professional Liability, Personal

Automobile Liability, and Pollution Liability Insurance, all required insurance shall include the State of

Washington and all authorized Purchasers (and their agents, officers, and employees) as an Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such

Insurance policies.

The Insurance coverage limits set forth herein are the minimum. Contractor's insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the

State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein.

2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington's Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A-

Class VII or better in the most recently published edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating.

3. CERTIFICATE OF INSURANCE. Prior to execution of the Master Contract, Contractor shall furnish to

Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of

Insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to coverage expiration, Contractor shall furnish to

Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated kinds and minimum amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Master Contract number stated on the cover of this Master Contract.

4. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or self-insurance of the State of

Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors.

5. SUBCONTRACTORS. Contractor shall include all subcontractors as insurrects under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies will all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's liability or responsibility.

6. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of

Washington and any Purchaser for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. NOTICE OF CHANGE OR CANCELLATION, There shall be no cancellation, material change, exhaustion of aggregate limits, or Intent not to renew insurance coverage, either In whole or in part, without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the

Master Contract number stated on the cover of this Master Contract

EXECUTIVE ORDER 18-03

SUPPORTING WORKERS’ RIGHTS TO

EFFECTIVELY ADDRESS WORKPLACE VIOLATIONS

WHEREAS, our nation and state have adopted numerous laws that require employers to ensure safe working conditions, fair wages, and adequate breaks, including the federal Fair Labor

Standards Act of 1938 (FLSA), the Washington State Minimum Wage Act, and other wage payment and employment standard laws; and

WHEREAS, despite historical efforts to remedy the imbalance of power between employers and employees, such as passage of the National Labor Relations Act, individuals remain limited in their ability to bargain; and

WHEREAS, the United States Supreme Court, in its recent Epic Systems Corp. v. Lewis1 decision, held that if employees sign an arbitration agreement requiring individual arbitration proceedings as a condition of employment, then those agreements preclude employees from pursuing a class or collective action against their employer to resolve disputes; and

WHEREAS, when employers require workers to accept an arbitration clause as a condition of employment they deny workers the opportunity to seek redress for employment grievances through collective or class action in court or in arbitration, and workers are stripped of a powerful tool to level the historical imbalance between employers and employees; and

WHEREAS, the Epic Systems Corp. v. Lewis decision will inevitably result in an increased difficulty in holding employers accountable for widespread practices that harm workers; and

WHEREAS, limiting an employee’s right to act collectively to address workplace violations and requiring resolution through individual arbitration reduces transparency and diminishes public accountability; and

WHEREAS, collective power is a real force for change, as evidenced by the “Me Too”

(#MeToo) movement. When the door to collective action is closed, it limits peoples’ power and exacerbates fear of retaliation and of losing one’s job; and

WHEREAS, the State has a duty to act as a responsible steward of public dollars. It is also a major employer and plays an influential role in the market place; accordingly, it is incumbent on state agencies to make every effort to encourage and support employers who demonstrate that they value workers’ rights to collectively address workplace disputes.

NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, by virtue of the power vested in me by the Constitution and statutes of the state of Washington do, effective immediately, hereby order and direct as follows:

1. PROCUREMENT PROCEDURES

To the extent permissible under state and federal law, when making purchasing and other procurement decisions, all state executive and small cabinet agencies shall seek to contract with qualified entities and business owners that can demonstrate or will certify that their employees are not required to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

2. AGENCY LEADERSHIP

To ensure operational success and consistent application of this Order across state agencies, the

Department of Enterprise Services (DES) shall administer implementation of this Order. The

Director of DES, or the Director’s designee(s), shall convene any necessary workgroups to establish best practices and consistent application of this Order statewide. It shall report on the progress and impact of this Order to the Office of the Governor, including any recommendations to further the purpose of this Order, no later than July 1, 2019 and;

I urge all other employers, public and private, to join me in this effort to protect workers’ rights.

This Order is effective immediately.

This Order is not intended to confer, and does not confer, any legal right or entitlement, and shall not be used as a basis for legal challenges to any rule or to any other action or inaction of the governmental entities and employees subject to it.

Signed and sealed with the official seal of the state of Washington on this 12th day of June, 2018, at Olympia, Washington.

By:

/s/

Jay Inslee

Governor

BY THE GOVERNOR:

/s/ 1 584 U.S. (2018)