SUP-24-8171-B SERVICES CONTRACT TERMS AND REQUIREMENTS.docx

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Attached to
Motor Coach and School Bus Transportation Services for UW-Superior
Solicitation number
SUP-24-8171-B; 2024-UWSUP-00602-RFB
Issued by
Eau Claire County, Wisconsin

About this file

This document is a Request for Bid (RFB) issued by the University of Wisconsin-Superior (UW-Superior) for Motor Coach and School Bus Transportation Services. UW-Superior is seeking to contract for both motor coach and school bus services for its campus-related trips, including interstate and intrastate travel. The services will be utilized by university departments for athletics teams, classes, and special activities. The initial contract term is September 1, 2024 through August 31, 2027, with the option to automatically renew for two additional one-year terms. Bids are due by 2:00 PM Central Time on July 3, 2024.

Contractors must provide pricing for various sizes of coach and school buses, as well as any additional charges such as deadhead miles or overnight layover. The University reserves the right to inspect the contractor's operations and vehicles prior to award. The contractor must meet all state and federal safety standards, maintain proper licenses and permits, and provide qualified drivers. The University will not guarantee a minimum number of charters, but expects the contractor to accommodate simultaneous trip requests and compensate for mechanical breakdowns.

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2024-UWSUP-00602-RFB

Motor Coach and Bus Transportation Services

Table of Contents

1.General Information1
2.Process Instructions4
3.Bidder Qualifications6
4.Performance and Contract Requirements7
5.Specifications12
Bid Cost Sheet19

1. General Information

1.1. Purpose:

The University of Wisconsin-Superior, hereinafter referred to as the “University” through its Purchasing department, hereinafter referred to as “Purchasing” requests bids for the purchase of Motor Coach and School Bus Transportation Services.

1.2. Scope:

The University of Wisconsin-Superior seeks to contract both Motor Coach and School Bus Services for its campus-related trips. These services will include inter-state as well as intra-state travel. University departments that will utilize these services include athletics teams, classes, and special activities, many with extended stays or layovers. The motor coach contractor must be capable of supporting multiple trips at one time.

UW-Superior requires motor coaches and school buses that are safe and modern, with effective climate control, comfort, media entertainment and reliable internet connections. Punctuality and motor coach availability are vitally important, as athletic teams must not be late or absent from scheduled events.

All University of Wisconsin-Superior departments must be eligible to purchase from this contract.

In addition, other UW-System campuses, State of Wisconsin agencies, Wisconsin municipalities and Non-Profit Organizations specifically linked by their mission to the University of Wisconsin-Superior, may desire to purchase from this contract. Bidders should state whether they agree to provide contract items/services to these other locations.

See Specifications (Section 5) for the minimum acceptable specifications for items/services desired. The University does not guarantee to purchase any specific quantity or dollar amount. The estimated item quantities identified in this Request for Bid are for bid purposes only.

The University reserves the right to negotiate with any contracted vendor(s) to establish additional discounts and/or lower prices for products determined to meet the requirements of a University-led initiative to set product standards. Contract vendor(s) may be asked to provide new, lower prices for these standard products and configurations for a limited, fixed term, to fall within the term of the contract resulting from this Request for Bid.

1.3. Definitions:

The following definitions are used throughout this document:

· Buyer means UW purchasing agent responsible for this Request for Bid.

· Bidder means a firm submitting a bid in response to this Request for Bid.

· Contractor means successful Bidder awarded the bid.

· CT means Central Time.

· DVB means Disabled Veteran-Owned Business.

· MBE means Minority Business Enterprise.

· Purchasing card means State credit card.

· Purchasing means the UW Purchasing department responsible for the procurement of goods and services.

· RFB means Request for Bid.

· Sourcing Module means the ShopUW+ Sourcing Event Module.

· State means State of Wisconsin.

· University and UW both mean the University of Wisconsin-SUPERIOR.

· WBE means Woman-Owned Business Enterprise.

1.4. eSupplier/VendorNet Registration:

Registration on the State of Wisconsin’s eSupplier Portal (eSupplier.wi.gov) is available free of charge to all businesses and organizations that want to sell to the state. Refer to Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:

· Register for a bidders list for commodities/services that the vendor wants to sell to the state.

· Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (RFB) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

· Receive an e-mail notification of addendums/amendments relative to the RFB or RFP.

Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website; or other means assume responsibility for checking for updates to the RFB or RFP.

NOTE: Registration with eSupplier/Vendornet does not register the bidder with the ShopUW+ Sourcing Event Module. Instructions for registering with the Sourcing Module can be found here: Supplier Login or Join JAGGAER Supplier Network (sciquest.com)

1.5 Affirmative Action:

As a State agency, the University requires contractors issued any purchase order(s) exceeding $50,000 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company, being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. For additional information, see Section 19.0 of the Standard Terms & Conditions. Some exceptions may apply, and instructions for completing a plan are available upon request.

1.6 Orders:

Under this contract, Specific order(s), Standing order(s), or Purchasing Card order(s) may be issued to the Contractor(s). Bidder should identify the method by which they will accept orders against this contract (e.g. e-mail, internet, mail, phone, etc.).

· Specific order(s): issued as one-time orders.

· Standing order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Standing order(s) as needed.

· Purchasing Card order(s): issued as one-time order(s).

1.7 Electronic Commerce/Online Ordering:

Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

1.8 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through the University’s transportation or the ordering department’s business office. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

1.9 Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

1.10 Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements, but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements.

1.11 Special Pandemic and Emergency Operations Considerations:

The University of Wisconsin System, individual campuses, municipalities, counties, or the State or Federal government may have emergency orders or guidelines in place mandating or recommending measures such as face masks, protective gear, hand washing, temperature checks, symptom reporting, social distancing, or other temporary public health and safety measures. All suppliers visiting UW campuses or participating in UW sponsored activities, whether on or off campus, must comply with all relevant University, campus, government, and public health and safety mandates and guidelines unless specifically exempted by the applicable legislation, executive order or public health order. UW reserves the right to impose additional health and safety requirements, processes, and procedures at any time. Bidders, contractors and suppliers and their support personnel present in person at any UW site or event must comply with all such applicable measures in effect at that location.

2. Process Instructions

2.1 Term of Contract:

It is the intent of the University to start the resulting Contract upon successful negotiations. The initial term of this contract shall be September 1, 2024 through August 31, 2027.

This contract will be automatically renewed for two (2) additional one-year terms, unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 60 calendar days prior to expiration of the initial and/or succeeding Contract term(s).

2.2 Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request.

2.3 Appeals Process:

Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code. No later than five business days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be received by:

The Office of the President

The University of Wisconsin-SYSTEM ADMINISTRATION

1720 VAN HISE - MADISON, WI 53715-1218

With a copy to:

Director of Purchasing Services

University of Wisconsin-SHARED SERVICES

UW-SHARED SERVICES SERVICE OPERATIONS - 660 WEST WASHINGTON AVENUE - SUITE 201 - MADISON, WI 53703

The complete protest must be received by both parties listed above no later than ten business days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated. The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.

2.4 GSA Pricing:

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

2.5 Method of Bid:

The Bidder must submit a net unit price for various sizes of coach and school buses available for inter-state and intra-state travel along with any additional charges that may be incurred such as deadhead miles, overnight layover charge, etc. (Reference Attachment C – Bid Cost Sheet)

Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

The University shall have the right to inspect (prior to award of this bid) the operation of the Contractor for the quality and quantity of coach buses owned and with general respect to use, safety, sanitation, and the maintenance of said premises and vehicles, all of which shall be maintained at a level satisfactory to the University.

The University reserves the right to accept or reject any and all bids; to waive any technicality in any submitted bids and to accept any part of a bid deemed to be in the best interest of the University.

2.6 Calendar of Events:

June 7, 2024
Date of issue of RFB
June 19, 2024 @ 2:00 PM CST
Written questions due
July 3, 2024 @ 2:00 PM CST
Bid due date
July 17, 2024 (approximate)
Notice of Intent to Award
September 1, 2024
Contract term begins

2.7 Method of Award:

Award(s) shall be made on the basis of the lowest net line-item price(s) and/or the lowest net lot total(s), whichever is judged to be in the best interest of the University. The University intends to award to one bidder. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified. The University is the sole determinant of its best interests.

· Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the bid is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m) (b)2,3, 16.75(3m) (c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

· Life Cycle Cost Life Cycle Cost formulas may be used in evaluation for bid awards which may include, but are not limited to: the applicable costs of energy efficiency, acquisition and conversions, interest charged, transportation, warranties, maintenance fees, licenses, disposal or any other costs not directly related to the bid

3. Bidder Qualifications

3.1 Bidder Information

Bidder must complete the Vendor Information Form provided in the Supplier Required Information and Forms section.

3.2 Bidder Experience:

Bidder (company or its principals) must be in the business of providing bus transportation services to commercial and institutional entities and must have done so for the past three (3) years and must have experience transporting Athletic Teams. The University reserves the right to ask for additional documentation to verify your compliance with this specification. Additional information may include but is not limited to financial records, customer lists, etc.

3.3 Client List/References

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company through the Supplier Required Information and Forms section. If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

3.4 Minimum Order:

Bids that require any minimum order quantity or dollar amount shall be disqualified.

3.5 Preventative Maintenance:

Bidder must supply a description of the company’s programs for preventative maintenance and regular replacement of worn and/or malfunctioning equipment.

3.6 Licensing Requirements:

All state and local government licensing requirements shall be met and maintained. If insurance requirements are greater for Federal, State or local units of government the greater requirements shall apply.

3.7 Fleet Listing

Bidder must supply a list of the coach and school bus vehicles which will be utilized for UW-Superior transportation. The listing must include the size, make/model and year by motor coach and school bus category. Motor coach and school buses must not be more than fifteen (15) years old.

3.8 Rate Sheet

Bidder shall supply a company rate sheet indicating the costs for services bid and additional bus category sizes and pricing available for UW-Superior coach and school bus services in conjunction with their bid submission documents. See Attachment C - Bid Cost Sheet.

4. Performance and Contract Requirements

4.1 Firm Prices:

· Prices must remain firm for a minimum of three (3) years from the initial contract term of September 1, 2024. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

· Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 90 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. An acceptance of the price list change will be in the form of an amendment to the contract or a letter to the Contractor.

· In the event there is a substantial increase in the cost of fuel, the University will accept an increase in the Contract pricing based on documented price increases and its effect on the cost of the service. A substantial increase is defined as a 25% or more increase in fuel costs over a two-month period. However, if there is a substantial decline in the cost of fuel, the Contract pricing must be decreased accordingly. The benchmark will be the cost of fuel on June 1, 2024. Enter your cost in the Technical Response Questions. The intent of this paragraph is to provide a fuel pricing mechanism between the awarded vendor and UW-Superior and to avoid “floating” prices for services.

· Price increases must be labeled with the contract number and should be submitted in the same format as the original bid. Any price increase requested that is not submitted in the proper format may be rejected.

· If an increase is required due to fuel surcharges, such documentation must be provided justifying such an increase. Any increases must be agreed upon by both parties. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or in part. Acceptance of the price increases shall be in the form of an amendment to the contract publication.

4.2 On Site Service:

In carrying out the scope of this Contract, the Contractor may be required to perform services on University property. Bidders’ costs must include all transportation and insurance charges.

4.3 Insurance:

The Contractor is required to maintain insurance in compliance with “Standard Terms & Conditions 23.0 Insurance” and Section below.

· All state and local government licensing requirements shall be met and maintained. Successful vendor(s) will also hold applicable licenses as required. If insurance requirements are greater for Federal, State or local units of government; the greater requirements shall apply.

· The Contractor shall maintain insurance levels as required in the DOA 3054 Standard Terms and Conditions – Section 23.0. A certificate of insurance must be provided upon award and provided on an annual basis.

· The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile, and Contractor's liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to the University of Wisconsin-Superior Purchasing Office, Superior, WI 54880 before cancellation or modifications of coverage. The insurance certificate shall be for the initial contract period for one (1) year and shall be extended by the contractor for each subsequent year of the contract.

Additional insurance requirements for the bid are as follows:

· Successful vendor shall maintain insurance per the requirements as a minimum. The contractor will furnish the University with a certificate of insurance upon award of contract. The contractor shall maintain during the life of this contract, worker’s compensation, commercial general liability insurance, and automobile liability combined single limit.

INSURNACE COVERAGES AND MINIMUM LIMITS:

Required for all Contracts

NO EXEMPTIONS

Coverage
Minimum Limits
Worker’s Compensation (WC)
Statutory
Employer’s Liability Coverage (B)
$100,000/500,000/100,000

Commercial General Liability (CGL) General Aggregate incl. prdts/co Each Occurrence

$2,000,000 $1,000,000

Automobile Liability Combined Single Limit (including hired & non-owned) Wisconsin Combined Single Limit Interstate Combined Single Limit

$2,000,000 $5,000,000

Additional Insured Provision
Add the “Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an additional insured under the commercial general and Contractor’s pollutions liability policies.

· Hold Harmless: The Contractor shall save, keep harmless and defend the Board of Regents, University of Wisconsin-System against any and all liability claims, costs whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property (University of otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from negligent acts or omissions of Contractor, employee, agent or representative of Contractor.

4.4 Additional Services

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contracts’ services. It is the intent of the University to acquire coach and school bus services specified in this bid exclusively from the Contractor with the exception of charters that originate in another location of the State that would result in excessive costs due to the dead-head miles. The awarded Contractor will be asked to offer contract pricing to other UW campuses for charters that originate in locations other than the city their campus is located in.

4.5 Requirements for Criminal Background Checks:

Background Checks of Contractors:

This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

4.6 Mandatory Reporting of Child Abuse or Neglect:

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on a UW campus or during a UW-sponsored event, the Contractor shall also report to the Police Department.

4.7 Invoicing Requirements:

· Invoices for Purchase Orders Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

· Contractor name

· Remit to address

· Purchase order number

· Release number if given

· Date of order/release

· Complete description of charges

· Prices per the Contract

· Departure & return times

· Time & date of service

· Number of buses

· Name of ordering customer/department

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to UW-Superior, Accounts Payable, PO Box 2000, Superior, WI 54880 or at accountspayable@uwsuper.edu, unless the customer identifies and establishes a different bill-to location.

· Purchasing Card:

Order confirmation shall contain the same detail as listed for Purchase Orders and should be sent to the address given at the time the order is placed. Any fees charged for use of the University’s purchasing card program are not allowed.

4.8 Refund of Credits:

The contractor agrees to pay the state within 60 days, at the state's request, any credits resulting from the order which the state determines cannot be applied to future invoices.

4.9 Invoice Dispute:

Pursuant 15.528(3)(e) the UW System will notify supplier by e-mail or mail, at its discretion, of any disputed invoice.

4.10 Payment Terms:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. The University will pay the Contractor NET 30 DAYS as accepted by the University.

4.11 Performance Meetings:

The Account Representative and/or Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

4.12 Subcontracting:

· Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

· The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

· Subcontractors must abide by all terms and conditions under this Contract.

· If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

4.13 Travel Per Diems:

All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose.

4.14 Activity Reports:

Contractor should be able to report on a quarterly basis all services purchased against this contract during the designated report period, including but not limited to:

· Date of order

· Purchase order number

· Quote Number

· Trip Location

· Requesting Department/Unit

· Price(s) per the Contract

· Additional Charges

4.15 Contract Termination:

· The University may terminate the Contract at any time, without cause, by providing 20 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

· Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 20 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as, but not limited to, continued late arrivals, failure to respond to communication requests on a timely basis, over-booking, missing charters or services requested, late deliveries, use of inappropriate or unsafe vehicles, use of untrained drivers, failure to provide quotations or invoices in the specified format, “bumping” of scheduled pickups, failure to resolve service or invoices issues on a timely basis or failure to provide any of the Terms, Conditions or Specifications.

· If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

· Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, the University has the right to cancel and terminate the Contract without notice.

· If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

· All notices of performance failure must be submitted in writing to the Purchasing Office- UW-SHARED SERVICES SERVICE OPERATIONS - 660 WEST WASHINGTON AVENUE - SUITE 201 - MADISON, WI 53703. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

4.16 Record and Audit:

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

4.17 Entire Contract:

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Resulting Contract Award B. This Original Request Bid SUP-24-8171-B, dated June 7, 2024, including amendments/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Department; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department.

Any exceptions to this RFB should be submitted with your response and alternative language proposed. Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and proceed to the next qualified bidder.

5. Specifications Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service requested, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again.

5.1 Contractor Specifications:

· All drivers and equipment meet State of Wisconsin and Federal safety standards. Bus must be Americans with Disabilities Act (ADA) compliant and meet Federal Transit Administration (FTA) specifications.

· Contractor must agree to comply with the U.S. Department of Transportation Motor Carrier Safety Regulations and will maintain the vehicles in safe working order. All vehicles will be equipped in accordance with all applicable state regulations and safety standards, and all drivers will be properly licensed for intra-and inter-state driving prior to accepting such trips.

· The successful Contractor will be financially responsible for obtaining all required permits, license, etc. to comply with pertinent Board of Regents, University of Wisconsin System regulations, Municipal, County, State and Federal laws; and assume liability for applicable tax bonds, insurance tickets, etc.

5.2 Personnel, Employment Practices, and Staffing Specifications:

· Personnel relations of employees on the contractor’s payroll shall be the contractor’s responsibility. The contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel.

· The contractor shall at all times maintain on duty for the University an adequate staff of employees for efficient operation.

· The contractor shall provide headquarters management staff, made known to the University by name, to routinely review and inspect operations, fill staff vacancies, if necessary, consult with the University on current and future Motor Coach Service programs, and to act with full authority on the Contractor’s behalf in any and all matters pertaining to this contract’s specifications.

· The Contractor will provide the University with afterhours contact information for the University to utilize if a situation arises that requires such contact.

· Contractor personnel shall observe all university regulations. Failure to do so may be grounds for dismissal. Dismissed contractor employees shall not be transferable to another University of Wisconsin System campus or facilities serviced by the contractor.

· All Contractor personnel shall wear at a minimum a top (e.g., polo, jacket, sweater, coat, etc.) with the Contractor’s logo.

5.3 Motor Coach Service Specifications:

· For the purpose of this contract, a coach-type bus shall be defined as a long-range, highway touring bus and mini-type coach buses. It is not a school bus such as that used by school districts to transport students to and from school, and which is commonly called a “yellow school bus.”

· All 36-passenger and larger motor coach buses shall be equipped with restrooms and storage for luggage. Motor coach buses must not be more than fifteen (15) years old. All motor coach buses must be equipped to modern standards of service for long-distance travel, to include heating and air-conditioning, restrooms, televisions and DVD players. All motor coach buses shall be seasonally equipped and serviced for passenger comfort and reliability, particularly during temperature extremes. Drivers shall be knowledgeable of preventative measures to keep inclement weather from adversely affecting trip schedules. In addition, all buses must be in accordance with all State and Federal Safety Standards and all drivers must be appropriately licensed for intra and interstate driving. Contractor to provide with bid response a list of fleet vehicles by coach and school bus category which includes the size, make/model and year.

· Provider agrees to provide working WiFi internet service that would be supportive of thirty-five (35) devices or more. The Service will enable passengers to access the internet using their personal devices while traveling on the specified buses. The Service provided by Provider shall meet the following specifications:

· Bandwidth: Provider shall ensure sufficient bandwidth to accommodate 35 concurrent users on each bus, allowing for smooth and uninterrupted internet access.

· Coverage: The Service coverage shall extend throughout the interior of each bus, including all seating areas, to ensure consistent connectivity for passengers.

· Speed: Provider shall strive to deliver high-speed internet access, suitable for browsing, streaming, and other typical online activities, subject to the limitations of available network infrastructure.

· Every attempt will be made by the University to give the Contractor at least five (5) days notice prior to the date of a charter, but the contractor must agree to accept forty-eight (48) notice in the case of emergencies or unforeseen circumstances. The Contractor will be informed of the destination, departure date and time, return date and time, return date and time, the number of passengers to be transported, the size of the coach or school bus required and whether it needs to be a handicapped-accessible bus and a contact name and phone number. Clear directions for the pick-up location on campus will be given; however, it is expected the drivers will be familiar with the layout of the campus buildings. (Reference: Attachment B - Campus Map) Although it should be rare, in situations where the Contractor cannot comply with a forty-eight (48) hour request, the University may contract with another vendor to provide these services.

· Prices bid by vendors will not include highway tolls, bridge rolls, airport fees or parking fees. These costs are to be invoiced at actual cost, in addition to charges for the charter.

· Contractor must have the capability to communicate between buses in the event of several chartered buses traveling together.

· Charter Bus Contractors must meet state standards of equipment and drivers per Wisconsin Administrative Code Trans 300, Subchapter II (equipment) and Trans 300.16 (driver or equipment).

· Contractor must have covered telephone service from 8:00 AM to 5:00 PM, CST/CDT Monday through Friday in order to respond promptly to requests for service.

· Trip requirements for Fiscal Year 2023-2024 as shown on Attachment A are representative of the type of trips taken in a normal fiscal year (July – June) barring unforeseen circumstances. The requirements for Fiscal Year 2023-2024 may be greater or less than, to the same or different destinations, the same or different days that those listed on Attachment A. The University does not guarantee a minimum number of charters will be scheduled. The Contractor shall furnish all coaches, drivers, fuel and maintenance, and materials necessary to provide Coach Bus Service as required by UW-Superior for the term of this contract. The service may be required on any day of the week, and more than one coach may be required on the same day at the same time. The contractor must have sufficient fleet depth to accommodate simultaneous requirements and to compensate for mechanical breakdowns. Reference Attachment A – Charter Bus History & Sample Athletic Schedules.

· The University expects the Contractor will determine trip routines requiring the least mileage and hourly charges when providing the customer a quote.

5.4 Cancellation:

Occasionally, trips will need to be cancelled or rescheduled. Usually it will be because of bad weather conditions or not enough participants to justify a bus charter. There will be no penalty to the University for cancellations made forty-eight (48) hours or more in advance of the scheduled charter. Cancellations made between forty-eight (48) hours and scheduled trip are subject to a vendor cancellation fee not to exceed $50.00. If a cancellation fee is assessed, the dollar amount must be shown on the Cost Sheet – Attachment C. Contractor must advise departments regarding any policy in place to reserve buses and also of any cancellation policy. The department that places the charter will be responsible for any cancellation fees by their failure to cancel within the time frame allowed for no charge cancellations (48-hours). This policy will allow the vendor to utilize equipment and personnel efficiently. The Contractor will be notified at once, when a decision has been made to cancel a trip.

5.5 Start/Return Mileage:

All mileage and time will be calculated from departure and arrival (return) point at UW-Superior, unless other arrangements are mutually agreed by the Contractor and the appropriate campus authority. Any time and mileage expended by the Contractor to travel to Superior, WI to provide service as requested will be at the Contractor’s expense (deadhead miles). The University will designate the location and time of pick-up and discharge point (usually the same place). “Deadhead” charges to and from UW-Superior campus may not be allowed for this contract. However, the “deadhead” mileage rate on Attachment C – Cost Sheet, would apply in cases if airport pickup and drop-off occur.

Buses are to be at the designated pick-up point at least 10 minutes prior to departure time for loading at no cost for this time. Failure to show or arriving late will be cause for penalty (see Performance & Contract Requirements).

5.6 Driver/Operator Requirements:

The driver (or drivers in the event of a long charter) must be unaccompanied. This means that spouses or children cannot be on the University chartered trips. The cost of the Driver’s room will be the responsibility of the University. Driver’s meals and incidentals are the responsibility of the Contractor. Layover time at destination sites may be as much as seventy-two (72) hours. UW-Superior will make such accommodations whenever possible or practical and most cost effective; however, will not be responsible for arranging food or housing for drivers during such layovers. Typically, lodging accommodation arrangements will be made by the University, but should be coordinated and communicated between the ordering Department and the Contractor. When multiple drivers are required for long distance charters with overnight accommodations, reasonable efforts should be made by the Contractor to realize cost savings for shared rooms for drivers when appropriate.

Drivers are required to obtain or have available written directions to each destination prior to pick up of passengers. Drivers shall have prior knowledge of the trip itinerary and have a route planned. Drivers must not eat, drink, read maps, or operate cellular devices while operating the vehicle. Driver smoking breaks will only be done when the passengers have scheduled or requested a stop. Driver must smoke twenty-five (25) feet from the vehicle. Driver must not have personal items including coolers or luggage in the aisle of the vehicle during charter service.

5.7 Performance/Service Standards:

· The University may require the Contractor not to assign any employee the University deems incompetent, careless, insubordinate or otherwise objectionable to work on University projects.

· Late Penalty: A late penalty may be assessed against the total value of the trip if Contractor does not pick up as required the ordering department against a contract order or as agreed upon by purchase order or quotes.

· If the Contractor cancels a trip without proper notice as defined above, the University reserves the right to contract with other vendors and charge the canceling Contractor the difference in prices paid. For each instance in which a passenger is picked up outside this service standard, the following charge will be assessed.

LATE (From Scheduled Departure Time)CHARGE
30 Minutes25%
60 Minutes50%

The charge may be waived during periods of severe weather or when conditions, as determined by the University, indicate that the delay was unavoidable. This determination is final. If the contractor believes an event occurring in the University/city may cause delays, it is the responsibility of the Contractor to notify the requester of the event and to obtain prior written concurrent that charges will not be assessed.

The University’s mandatory standard for acceptable contractor performance is three (3) or fewer late trips per month. A missed trip counts as a late trip. Failure to attain the standard for two (2) months in a row or any three (3) months total during any annual term of the contract may be cause for cancellation of this contract by the University.

All complaints will be forwarded to the Contract Administrator for resolution if not resolved by the contracting Department.

· The Contractor is responsible for supplying the size of the bus that is requested by the University. If the contractor does not have the requested bus size, they are to supply the next largest size available at the cost of the original requested size. For example, if an athletic team requests a 38/39 passenger bus and the contractor does not have one available, they must substitute a 40/43 passenger bus and invoice at the requested 38/39 passenger rate due to their inability to provide the requested size.

5.8 Emergency Situations:

In the event of an emergency situation (pandemic, snowstorm, etc.), Contractor must be prepared to supply the University with the items/services on this bid as required. An emergency preparedness plan to serve the University, and the services that are available to meet emergency needs, must be provided if requested by the University. Minimally, this plan should include emergency contract information, product and service level availability, staffing, equipment, and logistics plan.

5.9 Employee Identification:

All the Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

5.10 Accounting:

· The Contractor shall maintain complete and accurate records of every coach bus service transaction in accordance with accepted industry accounting practices and shall keep in a safe place all such financial records and statements pertaining to the coach bus service operations at the University of Wisconsin-Superior for a period of three (3) years from the close of each year’s operation.

· The Contractor’s daily route mileage charge per bus and employee time records shall be used to compute charges to the University. These records shall be kept for every scheduled trip, indicating date, departure, return times, destination, layover time, driver, number of passengers and type of bus.

· All records pertaining to the operation of the Contractor’s coach bus business shall be open for inspection and/or audit by the State and/or the University at any of all reasonable time.

5.11 Purchased Services – USA Requirement:

The State of Wisconsin requires purchased contractual services to be performed in the United States (Wis Stats 16.705 (1r)). Contractor warrants that the services provided to the University under this contract will be performed in the United States. The inability to perform services in the United States shall be grounds for disqualifying your bid for this contract.

5.12 School Bus Service Specifications:

All requirements applicable to the school bus category listed in specifications – Section 5.

5.13 Marketing and Designation Specifications – Mandatory for Athletic Travel The Contractor shall apply temporary graphics (magnet signage) to coach bus vehicles contracted for transporting the needs of the University. The graphic will be provided by the University. The desired location for the graphic(s) is next to the door or placed for high visibility. The graphic should be clean and clearly visible during all contracted transportation.

Attachment A-1 Charter Bus History 2023-2024 (Reference PDF document attached to 2024-UWSUP-00602-RFB)

Attachment A-2 Sample Athletic Schedules 2022-2024 (Reference PDF document attached to 2024-UWSUP-00602-RFB)

Attachment B Campus Map

Attachment C Bid Cost Sheet – Motor Coach & School Bus Services

RFB #SUP-24-8171-B; 2024-UWSUP-00602-RFB

The trips shown on Attachment A (Charter Bus History) were trips that were made by various departments during fiscal year 2022-2024. This information is provided only to indicate a sampling of the types of trips that will require coach or school bus service, and is not a guarantee to the successful bidder. All charter bus services include Intra-State and Inter-State Travel.

Bidders shall submit a bid for any or all Lots.

Bidder shall supply a company rate sheet indicating the cost for services bid in conjunction with Attachment C.

Qty.
Description
Trip Information
Trip Cost
Additional Charges
Total Cost

LOT 1: 27-30 Passenger Coach Bus

1.
1
27-30 Passenger Charter Bus: Long Trip: > 400 Miles

(Day Trip 6AM departure with a 1030PM return) 785 Miles

16.5 Hours

$
$
$
2.
1
27-30 Passenger Charter Bus: Short Trip: 400 or < Miles

(Day Trip 2PM departure with a 1130PM return) 325 Miles

9.5 Hours

$
$
$
3.
1
27-30 Passenger Charter Bus: Short Trip: 400 or < Miles

(Overnight Trip – ex. Day 1 2PM Departure with Day 2 Return of 10PM) 785 Miles 32 Hours

$
$
$
4.
1
27-30 Passenger Charter Bus: Long Trip: > 400 Miles

(Day Trip, 4PM departure with a 10PM return) 50 Miles 6 Hours

$
$
$
LOT 1 – TOTAL
$

LOT 2: 44-47 Passenger Coach Bus

5.
1
44-47 Passenger Charter Bus: Long Trip: > 400 Miles

(Day Trip 6AM departure with a 1030PM return) 785 Miles

16.5 Hours

$
$
$
6.
1
44-47 Passenger Charter Bus: Short Trip: 400 or < Miles

(Day Trip 2PM departure with a 1130PM return) 325 Miles

9.5 Hours

$
$
$
7.
1
44-47 Passenger Charter Bus: Short Trip: 400 or < Miles

(Overnight Trip – ex. Day 1 2PM Departure with Day 2 Return of 10PM) 785 Miles 32 Hours

$
$
$
8.
1
44-47 Passenger Charter Bus: Long Trip: > 400 Miles

(Day Trip, 4PM departure with a 10PM return) 50 Miles 6 Hours

$
$
$
LOT 2 – TOTAL
$

LOT 3: 55 Passenger Coach Bus

9.
1
55 Passenger Charter Bus: Long Trip: > 400 Miles

(Day Trip 6AM departure with a 1030PM return) 785 Miles

16.5 Hours

$
$
$
10.
1

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