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NORTHWESTERN LEHIGH SCHOOL DISTRICT

6493 Route 309


New Tripoli, PA 18066
P: 610-298-8661
F: 610-298-8002

REQUEST FOR PROPOSAL


The Northwestern Lehigh School District invites qualified vendors to submit proposals
for
CONTRACTED SCHOOL BUS TRANSPORTATION

MANDATORY PRE-BID MEETING


All interested vendors must attend a mandatory meeting at which time District personnel
will be available to answer questions regarding the proposal. The meeting is scheduled
for Wednesday, October 6, 2010, at 10:00 a.m. in the Administration Building, 6493
Route 309, New Tripoli, PA.

SUBMISSION OF PROPOSALS
The vendor shall submit four (4) signed copies (1 original, 3 photocopies) of the
completed proposal in a sealed envelope clearly marked “TRANSPORTATION RFP”.

Proposals are due by 2:00 p.m. – Friday, October 29, 2010


Mail or deliver proposal to the following address:
Attention: Leslie Frisbie, Business Administrator
Northwestern Lehigh School District
6493 Route 309
New Tripoli, PA 18066

TENTATIVE TIME SCHEDULE


Initial Review of Proposals—November 1st through November 30th
Conduct Interviews with vendors, if necessary—December 1st through December 17th
Final Review—January 3rd through February 28th
Decision on Transportation Services —March 1st
NORTHWESTERN LEHIGH SCHOOL DISTRICT
PROPOSAL FOR CONTRACTED
SCHOOL BUS TRANSPORTATION

Northwestern Lehigh School District


6493 Route 309
New Tripoli, PA 18066
610-298-8661

The undersigned herby proposes to furnish school bus transportation for the
Northwestern Lehigh School District as per the prices quoted on the attached proposal
pages. The undersigned certifies to have read and fully understand the specifications and
offer to furnish the services in exact accordance with the specifications and at the prices
quoted.

NAME : _________________________________

SIGNATURE : _________________________________

TITLE: _________________________________

COMPANY: _________________________________

ADDRESS : _________________________________

_________________________________

PHONE : __________________________________

FAX : __________________________________

E-MAIL : __________________________________

CONTACT: __________________________________

PHONE : __________________________________

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NORTHWESTERN LEHIGH SCHOOL DISTRICT
PROPOSAL FOR CONTRACTED
SCHOOL BUS TRANSPORTATION

TOTAL PROPOSAL PRICE (BASE PRICE) FOR “DAILY ROUTES” AS


LISTED ON EXHIBIT 13:

YEAR 1 (2011-2012) $____________________

YEAR 2 (2012-2013) $____________________

YEAR 3 (2013-2014) $____________________

YEAR 4 (2014-2015) $____________________

YEAR 5 (2015-2016) $____________________

YEAR 6 (2016-2017) $____________________

YEAR 7 (2017-2018) $____________________

Exceptions: Identify specific routes by number from the list in Exhibit 13 that are NOT
included in the above proposal pricing.

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A. Intent

This solicitation is for the purpose of receiving firm proposals commencing


Student Transportation Services for the 2011-2012 school year for the three year,
five year, and seven year terms set forth in paragraph B1 hereinafter.

B. Submission

1. Proposals should be provided for a three-year, five-year and seven year terms.
All submissions must include all minimum specifications as described in this
Request for Proposal. As a Prospective Contractor (hereinafter “Contractor”),
you may propose additional services of enhancements.
2. Your binding proposal is required to be submitted by October 29, 2010 at 2:00
p.m. to Leslie Frisbie, Business Administrator, Northwestern Lehigh School
District, 6493 Route 309, New Tripoli, PA 18066
3. You are required to submit one original and three copies of your firm proposal.
4. The Contractor must carefully review and analyze all documents referred to
herein along with all applicable regulations and laws governing student
transportation in the Commonwealth of Pennsylvania.
5. Northwestern Lehigh School District reserves the right to issue addendums and
amendments to these specifications and notification of such will be furnished to
all Contractors.
6. Contractors or their authorized representatives are expected to fully inform
themselves as to the conditions, requirements and specifications before submitting
indications of interest.
7. Prospective contractors are required to attend a pre-bid meeting to review the RFP
document. Appropriate district personnel will be present to answer all contractor
questions. This mandatory meeting will be held on Wednesday, October 6, 2010
at 1:00 p.m. in the Board Room of the District Offices.

C. Description of Existing Transportation Program

Northwestern Lehigh School District is located in the northwestern portion of


Lehigh County, Pennsylvania. Over 2,400 students rely on school district
transportation to transport them to and from school, field and athletic trips and
other various venues.

Exhibit 1 is Northwestern Lehigh’s transportation policy.

Northwestern Lehigh currently operates two (2) elementary schools each


containing grades K-5 (Northwestern Elementary and Weisenberg Elementary);
Northwestern Lehigh Middle School with grades 6-8; and Northwestern Lehigh
High School for grades 9-12. Three schools are located within the New Tripoli
campus (NWL High, NWL Middle, and Northwestern Elementary). One school
is located off Golden Key Road in Kutztown, PA (Weisenberg Elementary).

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Northwestern Lehigh transports resident students to its public schools and
transports resident, non-public students to PDE approved non-public schools
within ten (10) miles of our border, pursuant to the provisions of Act 372 of 1972.
The transportation arrangements may involve small numbers of students to remote
locations. A listing of the non-public schools to which students are currently
transported is attached as Exhibit 2.

Northwestern Lehigh transports and receives reimbursement for transporting


elementary students residing less than one and one-half miles (1.5) from the
schools and secondary students residing less than two (2) miles from the schools.
While Northwestern Lehigh currently has roads certified as hazardous by the
Bureau of Traffic Safety, due to the rural nature of the school district, all students
are transported for safety concerns.

Northwestern Lehigh’s current transportation fleet consists of four (4) 35/42-


passenger buses (3 with wheelchair lifts), two (2) 48- passenger buses five (5)
72-passenger buses, fourteen (14) 77 passenger buses, ten (10) 78-passenger
buses, five (5) 81-passenger buses, four (4) 6/7-passenger minivans, seven (7) 9-
passenger vans. The transportation fleet traveled approximately 770,000 miles in
the 2009-2010 school year. The fleet consumes approximately 6,000 gallons of
gasoline and approximately 95,000 gallons of diesel fuel per year. In addition to
the district’s schools, transportation is provided to numerous private, parochial
and special education schools.

Beyond the daily school transportation runs, the fleet also provides transportation
to well over 350 academic, field and athletic events. Exhibit 3 summarizes the
various athletic events, field trips and other activities attended by
Northwestern Lehigh students during the 2009-2010 school year.

D. Minimum Specifications

All proposals shall consider and include, at a minimum, the services and
contractual rights described in this section. Northwestern Lehigh’s transportation
department is currently not unionized. While submission of a response does not
create a binding obligation or contract on the part of Northwestern Lehigh School
District, any submission by a Contractor must be based on the Contractor’s
understanding of the specifications below and must be held firm for a period of
180 days following submission. The Contractor may include additional services
in their submission. Such additions should be highlighted and shall be considered
in the evaluations.

1. Primary Transportation

The Contractor shall provide Primary Transportation services for the designated
resident students of Northwestern Lehigh School District. Primary Transportation

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includes the regular in and out transportation and any emergency transportation of
all resident students from their designated location to their designated public or
non-public school, special education placement or vocational school and the
returns of such students to their designated location in the afternoon, via regular
schedules and along regular routes established by Northwestern Lehigh for each
school year included in this request. Primary transportation services may require
the services of a vehicle aide as determined by Northwestern Lehigh School
District. Northwestern Lehigh shall have the right to schedule additional pickup
and deliveries within two hours and fifteen minutes from the time of the first pick
up of a student until the end of the morning or afternoon run.

Act 372 of 1972 requires transportation of resident students to non-public schools


situated within ten (10) miles of Northwestern Lehigh’s boundaries.

2. Special Transportation

The Contractor shall provide Special Transportation services for special needs
students as Northwestern Lehigh should solely determine. Special Transportation
includes the regular in and out transportation and any emergency transportation of
designated resident students from their designated location to their designated
public or non-public school, special education school or vocational school and the
return of such students to their designated location in the afternoon, via regular
schedules and along regular established routes. Special Transportation Services
shall be provided by the use of vans, lift vans and buses and small buses. Special
transportation services may require the services of a vehicle aide and or nurse as
determined by Northwestern Lehigh School District. Exhibit 4 outlines the
current Special Education transportation requirements.

3. Auxiliary Transportation

The Contractor shall include Auxiliary Transportation services, as needed, in their


proposal. Auxiliary Transportation includes transportation to athletic events, field
trips, club events, band competitions and other activities. Auxiliary services
should be provided by the appropriate vehicles for the specific need.

4. Cooperative Runs

Northwestern Lehigh reserves the right to combine runs with neighboring school
districts to obtain cost savings.

5. Vehicles

The Contractor may elect to purchase all or a portion of Northwestern Lehigh’s


current transportation fleet. Exhibit 5 provides a listing of the current vehicles.
The Contractor shall consider the following concerning the age of their provided
fleet:

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At no time during the term of this agreement should any bus in the fleet exceed
ten (10) years of age, no van should exceed eight (8) years of age and the average
age should not exceed eight (8) years.

To determine the age of the vehicle, the owner’s card date is subtracted from the
lesser number of the school year involved:

Example: School Year 2000-2001


Vehicle Year/Owner Card 1997
Age of vehicle: 3 years

All vehicles must be equipped with all legally-required equipment and, if the
vehicle carries more than ten passengers, the vehicle must meet “School Bus”
standards.

For the Primary Transportation Fleet, Contractors may be asked to identify their
vehicles by methods in addition to vehicle numbers. In all cases, when a spare
vehicle is used in place of a regularly scheduled vehicle, the spare vehicle must be
identified with the same information as the vehicle it is replacing.

All vehicles must be equipped with a two-way radio system which would be in
direct communication to the dispatchers assigned to Northwestern Lehigh School
District. All drivers would communicate any delays or other problems, including
any accidents, immediately to the dispatcher. The dispatcher would then
communicate by telephone with Northwestern Lehigh any such incidents which
could result in complaints or concerns from parents or school officials.

All vehicles, both regular and reserve, must be equipped with video-cameras.
Cameras must be so situated that the video equipment would be capable of
scanning all occupants of the vehicle and would be constructed such that
passengers would not be able to determine whether or not the videotape
equipment is in place and operating. Northwestern Lehigh would have the right
to view any such tapes as deemed necessary by school officials.

The Contractor is required to keep a sufficient number of spare vehicles available


at all times with similar specifications as described above.

Exhibit 6 is a copy of the Northwestern Lehigh School District policy on use


of video and audio recording on district school buses.

6. Vehicle Location

The starting point and the final destination of the vehicle affect the amount of
reimbursement Northwestern Lehigh receives from the Commonwealth of

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Pennsylvania. The Contractor must include the location of their vehicles. Any
location change after commencement of a contract would be mutually agreed.

The Contractor will be required to utilize Northwestern Lehigh’s current


transportation facility to park and maintain its vehicles. Details regarding any
other locations the Contractor plans to utilize to park and maintain vehicles are
required.

The district has recently renovated the transportation facility which is large
enough to house a significant portion of the current fleet. The district also
currently rents a facility to house some of its vehicles off the main campus. A
copy of the drawing for the facility is included as Exhibit 7.

Should the Contractor plan to utilize their own facility, and, if the facility is
located outside the boundaries of the Northwestern Lehigh School District, the
Contractor would be responsible for the cost of the transportation from the
Contractor’s facility to the boundary of Northwestern Lehigh School District.

7. Vehicle Maintenance

All vehicles used by the Contractor should be maintained in sound mechanical


condition and, at all times, must conform to the standards promulgated by the
Bureau of Traffic Safety, Pennsylvania Department of Transportation, and any
other appropriate regulatory authority, and must bear evidence of approval by the
Bureau and proof of satisfactory inspection by the Pennsylvania State Police. The
Contractor must keep all vehicles in a clean and sanitary condition, both interior
and exterior. The level of cleanliness must meet Northwestern Lehigh’s
standards. Northwestern Lehigh school officials may inspect any vehicle at any
reasonable time or board any vehicles at any normal stop for inspection.
Northwestern Lehigh school officials may reject the utilization of any vehicles
supplied by the Contractor that do not conform to the requirements set forth
herein.

8. Personnel

The Contractor shall agree to provide the necessary supervisors, drivers, vehicle
aides, office help, dispatchers and mechanics as needed at their cost and expense,
and further agrees that each employee will meet the regulations and rules of the
Pennsylvania Department of Education and Department of Transportation in
regard to age, fitness, competence, conduct, licensing, driver history, pre-
employment drug and alcohol screening, physical examination and TB testing,
Pennsylvania and FBI criminal, child abuse and other clearances, random and
causal and incident testing and continuing eligibility. All of the above listed staff
shall be employees of the Contractor and the Contractor shall assume all liabilities
of an employer with respect to said employees including, by way of example and
not limitation, tax liability, withholding responsibility, workers’ compensation

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liability, unemployment compensation liability, and responsibility under any
federal, state, or local laws pertaining to employers and employees. Nurses or
vehicle aides may be employees of the contractor or subcontracted from an
appropriate agency approved by both the Contractor and Northwestern Lehigh
School District.

The contractor shall at all times furnish Northwestern Lehigh with an adequate
number of standby drivers and vehicle aides. Standby drivers may be
supervisory, maintenance staff or mechanics, duly certified to operate a school
vehicle, contingent upon the necessary clearances listed above. The standby
driver would be used when the regular driver is not ready to start the assigned run
within ten minutes of the regular departure time. Each standby driver should be
familiar with Northwestern Lehigh’s roads and bus routes.

By August 1st of each year, the Contractor shall supply Northwestern Lehigh with
a list of names, addresses and telephone numbers of all proposed employees along
with copies of the required regulatory clearances and a copy of each individual’s
license and applicable endorsements. Northwestern Lehigh, after review of the
list, may reject any proposed employee assigned by the Contractor. Once a
proposed employee has been rejected by Northwestern Lehigh, the contractor
shall submit additional names for Northwestern Lehigh to review and approve.
The first week of each month thereafter, the same informational requirements
shall be submitted for any new proposed employee along with the names of any
driver discharged.

The Contractor shall include a description of the Contractor’s program for driver
selection and training.

The Contractor shall give current Northwestern Lehigh School District


transportation employees the first opportunity at employment with the Contractor.
This shall include office staff (secretaries), mechanics, vehicle aides and vehicle
drivers.

The Contractor agrees that it and its drivers will comply and observe all
provisions of the Pennsylvania Vehicle Code and all other applicable laws,
including, but not limited to School District policies and also the Regulations and
Guidelines of the Pennsylvania Department of Transportation and the Department
of Education.

The Contractor shall have each of its drivers submit to an Accident and Traffic
Violation Check for the past five (5) years and shall provide copies to the District
of reports generated as a result of the Accident and Traffic and Violation Checks,
prior to the operation of the vehicle run of each school year. Additionally, a look
back is required for all drivers on an annual basis. The School District shall have
the right to reject drivers identified by the Contractor who, in the sole discretion
of the School District, have records which are not satisfactory to the District.

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Each vehicle driver shall perform a daily pre-trip and post-trip “walk around”
inspection. The Contractor shall have each vehicle which is furnished to the
School District subjected to a thorough diagnostic inspection no less that once a
month and shall maintain records regarding such inspections which shall be made
available to the School District upon the School District’s request within five (5)
working days.

In the event the Contractor or District becomes aware of a vehicle which does not
meet state-mandated requirements for safety, then the Contractor shall
immediately stop the use of the vehicle and shall promptly provide a replacement.

The Contractor shall meet, at the request of the School District, with District
representatives to discuss operations, safety, and maintenance concerns and/or
parent or District complaints which meetings will occur at a reasonable time
following the request based on the urgency of the particular incident, and in no
event shall those meetings be scheduled later than five (5) working days from the
date of the request for a meeting.

Exhibit 8 is a listing of current Northwestern Lehigh transportation


employee classifications and hourly rate.

Exhibit 9 is a copy of the Northwestern Lehigh policy on Substance Abuse in


the Workplace.

9. Safety and Discipline

The Contractor shall include a detailed description of the Contractor’s safety


program. The safety programs shall include, but not be limited to, safety
materials for drivers and other employees, safety programs for students and safety
materials for each school. Contractor shall provide details of any Contractor
program for drivers pertaining to behavioral management. The contractor shall
have in place a drug screening program for all drivers. This program will include,
but not be limited to, a pre-employment screening and Pennsylvania Department
of Transportation requirements.

It will be the responsibility of the Contractor to maintain student behavior on each


vehicle in accordance with such regulations or policies as have been or may be
adopted by Northwestern Lehigh School District. All major behavioral and/or
disciplinary problems would be promptly reported to the appropriate building
principal or assistant principal in writing using established procedures.
Northwestern Lehigh will agree to assist in rectifying any aforesaid behavior
problems.

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In order to facilitate the required student behavior, the contractor shall provide
each driver prior to the start of school, rules and procedures for Northwestern
Lehigh relating to conduct and behavior. This will include a copy of forms used
for documenting discipline problems and names of all principals and assistant
principals of the schools that are served by the driver. A copy of the student rules
will be posted on each vehicle.

Exhibit 10 is Northwestern Lehigh’s procedures for bus/vehicle accidents.

Exhibit 11 is a copy of Northwestern Lehigh’s student transportation student


regulations.

Exhibit 12 is a copy of Northwestern Lehigh’s policy on transportation


safety-students and equipment.

Exhibit 13 is a copy of Northwestern Lehigh’s Transportation Operation &


Procedure Manual.

10. Service Levels and Penalties

The level of service provided is very important to Northwestern Lehigh. The


Contractor must describe in detail the processes and procedures utilized to ensure
that service levels are, at all times, kept to highest standards. This would include
all types of services the Contractor is required to provide, in addition to
contingency plans in place for potential work stoppages. It is very important that
the Contractor be able to maintain their regularly schedule services even during
peak use of auxiliary transportation such as field trips, athletic trips, etc. It is
understood that these special function services may overlap with the time
requirements of regular services. In order to affect a cost savings, Northwestern
Lehigh will use reasonable efforts to schedule auxiliary services within and
beyond the regular scheduled runs. Notification of any issues with service for
regular and auxiliary runs must be reported to the designated Northwestern
Lehigh representative no later than one hour upon knowledge of the issue. In
addition, the Contractor must have access to resources within thirty (30) minutes
in the event of an emergency at the district.

In the event the Contractor fails to comply with any of the requirements for the
provision of the drivers of vehicles, the Contractor will, in addition to not being
paid for that run, pay a penalty of $200 for each day of noncompliance.

In addition, without establishing limitations, the following infractions will result


in the imposition of a penalty of $200 per occurrence:

A. A driver changing a route or stop without securing approval


from Northwestern Lehigh, unless such change in routes or
stop is the result of an emergency, in which case notice and

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securing of approval should be accomplished within five
working days.

B. A driver leaving the driver’s seat while a vehicle is running.

C. A driver failing to complete a run or being late for a run as the


result of insufficient fuels.

D. Contractor’s failure to respond to a breakdown with a


replacement vehicle within a reasonable period of time; i.e.
within 30-minutes if the breakdown occurs within the
Northwestern Lehigh boundaries.

E. After warning and notice by Northwestern Lehigh to the


Contractor, the driver’s failure to establish and maintain a
reasonable standard of behavior within five working days
following receipt of notice from Northwestern Lehigh to the
Contractor.

F. Contractor’s failure to notify Northwestern Lehigh of any


known problems which result in one or more vehicles being
more than 10 minutes late for a regular scheduled run.

G. Mobile phone use shall be for emergency purposes only and


shall occur only when the vehicle has been stopped and is
safely at rest.

H. A driver leaving a vehicle unattended with students on board

A penalty of $10,000 per occurrence shall be imposed on the Contractor when it


is determined that a student has been left on an unattended vehicle due to the
driver not following established contractor or school district procedures.

If the Contractor, for any reason, is unable to provide the Primary, Special and/or
auxiliary transportation services required, and notifies Northwestern Lehigh in a
timely manner, Northwestern Lehigh may obtain replacement service providers.
The Contractor shall agree to reimburse Northwestern Lehigh for all costs
incurred in obtaining such alternate services.

If the Contractor is unable to provide the Primary, Special and/or auxiliary


transportation services required, but does not notify Northwestern Lehigh in a
timely manner, the Contractor shall pay all costs incurred by the District for
alternate services in addition to the penalty fee of $1,000 per occurrence.

11. Routing and Scheduling

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For Primary and Special Transportation services, the Contractor shall assist and
cooperate with Northwestern Lehigh’s representative in preparing all vehicle
scheduling, routes and stops. The determination of such schedules, routes and
stops shall be Northwestern Lehigh’s right and responsibility. Northwestern
Lehigh shall provide schedules to the Contractor who in turn shall provide such to
each driver and shall post such on the vehicle. Any changes to the schedules or
routes must be noted on the vehicle copy. Except in case of an emergency,
neither the driver nor the Contractor has the right to change the route of any
vehicle without the express authorization of Northwestern Lehigh School District.
This includes, but is not limited to, reversing the route, changing the roads to or
from the start of the route, changing roads within the route or changing the
scheduled stops on the route.

The Contractor agrees to be the first point of contact for all issues, problems and
inquires, and shall handle these situations to the best of its ability in conjunction
with Northwestern Lehigh’s established policies. All changes requiring additional
charges will be reviewed and approved by Northwestern Lehigh School District
prior to being implemented or promised.

Special Transportation services shall be revised and/or re-routed to accommodate


the needs of the Special Transportation students. Such revisions shall be
determined by Northwestern Lehigh’s Supervisor in conjunction with the
Contractor. If additional charges are required, the Contractor will review the
charge with Northwestern Lehigh’s Transportation Supervisor prior to
implementation. Such additional charges, along with supporting documentation,
shall be presented to the Board of Education prior to billing.

For both the Primary and Special Transportation services, prior to the start of each
school year, all drivers shall be required to drive their assigned routes, both
morning, mid-day and afternoon, during the scheduled time periods and in the
regular vehicles at least once in order to familiarize themselves with the routes,
traffic conditions and the equipment. All drivers shall be encouraged to suggest
alternatives to more efficiently run their routes. Such suggestions will be
considered by Northwestern Lehigh for possible revisions.

12. Records and State Reports

The Contractor shall obtain and maintain all necessary records required by the
Pennsylvania Department of Education for school transportation programs and
shall provide the District copies of all records required. The Contractor shall
furnish such information as the District may request or require, including and not
limited to, number of vehicle routes, students carried per vehicle from place of
origin to a destination, miles of vehicle travel with and without students, accident
reports, and similar relevant data. By the tenth workday of each month, the
Contractor shall furnish the mileage and student data as required by the District.

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The Contractor shall agree that it will fully reimburse the District for any
penalties or fines incurred or subsidy lost due to the Contractor’s failure to
properly obtain, maintain or report such required information or its failure to
prepare and maintain adequate records to support the required data.

13. Independent Contractor

It is understood that the contractor is an independent contractor and not an officer,


agent or employee of the School District while engaged in carrying out and
complying with any of the terms and conditions of the contract.

14. Non-Transferable Contract

The contract shall not be transferred, subcontracted or assigned without the prior
approval of the Board and the written consent of the School District.

15. Operating Costs

The Contractors proposal shall include all costs necessary to provide the services
specified. This includes, but is not limited to, the cost of equipment, drivers,
operating costs, tires, parts and overhead. In order to minimize the cost of
operation, the Contractor shall provide the district with an estimated number of
required gallons of gasoline and diesel fuel no later than November 1 of each
year. The District shall be responsible for the bidding and obtaining of fuel for
transportation services. To the extent allowed by law, Northwestern Lehigh shall
execute such exemption certificates as the Contractor may request to purchase
tires in the name of Northwestern Lehigh School District for use exclusively in
connection with the student transportation services at Northwestern Lehigh
School District.

16. Fuel Costs

Northwestern Lehigh School District shall provide both gasoline and diesel fuel
for the Contractor’s use in providing student transportation services to the district.
The Contractor is required to maintain a fuel usage log, by vehicle, for each year
of service to the district. This log shall be forwarded to the district on a monthly
basis for reconciliation to number of gallons purchased. Gallons used and gallons
purchased shall be in close proximity to one another. Significant discrepancies
must be justified by the Contractor with supporting document.

17. Performance Bond

A. Upon award of a contract that exceeds $10,000, the contractor shall


provide, annually, a Performance Bond in the amount of one hundred
percent (100%) of the current-year contract price. (For the first year of the

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contract, the Performance Bond would guarantee 100% of the contract
price as stated in the proposal for Year 1—2011-12; for the second year,
the Performance Bond would guarantee 100% of the contract price as
stated in the proposal for Year 2—2012-13, and so on.)

B. For the first year of the contract, the contractor shall deliver the required
bond to the School District not later than five days following the date the
Agreement is entered into, or if the work is to be commenced prior thereto
in response to a letter of intent, the contractor shall, prior to the
commencement of the work, submit evidence satisfactory to the School
District that such bond will be furnished. Annually thereafter, the
contractor shall deliver the required bond not later than five days before
the commencement of the start of the next year of the contract.

C. The Contractor shall require the attorney-in-fact, who executes the


required bond on behalf of the surety, to affix a certified and current copy
of the power of attorney to the bond.

D. The cost of the bond furnished hereunder shall be included in the contract
sum.

E. Upon the request of any person or entity appearing to be a potential


beneficiary of the bond covering payment of obligations arising under the
contract, the contractor shall promptly furnish a copy of the bond or shall
permit a copy to be made.

F. If any Surety hereunder makes any assignment for the benefit of creditors
or commits any act of bankruptcy, or is declared bankrupt, or files a
voluntary petition for bankruptcy, or in the reasonable opinion of the
School District is insolvent, the contractor shall immediately furnish and
maintain another Surety, satisfactory to the School District, in addition to
insurance or bond required by this agreement, without the written consent
of the other, then the party failing to so purchase or maintain such
insurance or bond shall pay all costs incurred by the other party, including,
but not limited to, reasonable attorney’s fees.

The District, as part of the process requests that the Contractor submits a proposal
with an option that includes the performance bond, and an option that omits the
performance bond.

18. Insurance

The contractor agrees that, prior to the effective date of the contract, and by June
15th of each succeeding year, said contractor will file with the District evidence
that a Public Liability Insurance Policy, issued by a company authorized by law to

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insure in Pennsylvania and with an A.M. Best rating of "A" or better. This policy
shall be in effect for the duration of the contract in amounts not less than the
amounts listed below. This coverage shall be provided on an Occurrence
insurance policy form and shall name the Northwestern Lehigh School District
and its board of directors, officers, employees, volunteers and agents as additional
insureds and the policy shall be so endorsed. An endorsement is required stating
that the coverage afforded Northwestern Lehigh School District and its board of
directors, officers, employees, volunteers and agents, as additional insured, will
be primary to any other coverage available to them. Coverage shall include:
premises operations; blanket contractual liability, personal injury liability;
products and completed operations; independent contractors, employees and
volunteers as additional insureds; cross liability; broad form property damage and
abuse/molestation liability.
A. Required Limits of Insurance:
Limit of Liability: $1,000,000 per occurrence combined single limit for
bodily injury (including death) and property damage liability; $1,000,000
personal and advertising injury; $1,000,000 general aggregate and $1,000,000
aggregate for products and completed operations.

The contractor shall, at his expense, prior to the effective date of the Contract,
provide the District with valid and collectible evidence of Business Automobile
Liability Insurance for any vehicle, including vehicles for hire, in an amount not
less than the amounts as evidenced on the standard ACCORD Certificate of
Insurance as per Schedule D. The insurance policy shall be issued by a company
authorized by law to insure in Pennsylvania and with an A.M. Best rating of "A"
or better. The Certificate of Insurance must indicate that Northwestern Lehigh
School District, its board of directors, officers, employees, volunteers and agents
are additional insureds and the policy shall be so endorsed. An endorsement is
required stating that the coverage will be primary to any other coverage available
to them. The coverage must be in effect for the duration of the contract and shall
run concurrently with the effective dates of the contract.
B. Required Limits of Insurance:
Limit of Liability: $1,000,000 per occurrence combined single limit for
bodily injury (including death) and property damage liability

The contractor shall, at his expense, prior to the effective date of the Contract,
provide the District with valid and collectible evidence of Worker's Compensation
insurance. Workers' Compensation insurance will be required on all employees
of the contractor who will be involved in any aspect of the operations
contemplated by the contract with the District. The insurance policy shall be
issued by a company authorized by law to insure in Pennsylvania and with an
A.M. Best rating of "A" or better. Verification of the rating, in writing, must be
submitted to the District.
C. Required Limits of Insurance:

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Workers’ Compensation: Statutory Limits, Employer’s Liability:
$100,000 Each Accident–Bodily, Injury by Accident; $100,000 Each
Employee-Bodily Injury by Disease; and $500,000 Policy Limit-Bodily
Injury by Disease, Other states insurance including Pennsylvania.

Excess Liability - Occurrence Policy Form providing an additional $10,000,000


of insurance above the General Liability, Automobile Liability and Employers
Liability is required. The policy shall be issued by a company authorized by law
to insure in Pennsylvania and with an A.M. Best rating of "A" or better.

Certificates Of Insurance shall contain a provision that the coverage afforded


under the policies will not be canceled or materially changed until at least thirty
(30) days prior written notice has been given to the District.

Each party will immediately notify the other of any accident or condition which
arises out of or touches upon the work performed by the contractor on school
district business, so as to handle potential problems on a timely basis in the best
interest of both parties.

19. Indemnification

In addition to the insurance requirements included as part of the specifications,


the contractor shall also defend, indemnify and hold harmless the Northwestern
Lehigh School District, its board of directors, officers, employees, volunteers and
agents from and against any and all claims, suits, judgments, and demands
whatsoever, including without limitation to costs, litigation expenses, counsel
fees, and liabilities with respect to injury to, or death of, any person or persons
whatsoever, or damage to property of any kind by whosoever owned, arising out
of or caused or claimed to have been caused in whole or in part by the acts or
omissions of the contractor, it's agents or employees, in the performance of the
contract and further agrees to indemnify the Northwestern Lehigh School District,
its board of directors, officers, employees, volunteers and agents against any such
claims allegedly caused in whole or in part, whether or not it be the fact, by
reason or negligent instructions or directions given or purportedly given by any of
the school district representatives with respect to the performance of the contract.

20. Termination

The contractor shall include details regarding termination provisions if


Northwestern Lehigh and the Contractor enter into a contract at a later date.

21. Experience History

The Contractor shall furnish proof that it has satisfactorily operated as a primary
contractor for a school district in Pennsylvania, or furnish proof of equivalent
industry experience. At least five (5) consecutive years since 2000 is preferred.

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22. Financial Capability

The Contractor shall submit evidence which is satisfactory to Northwestern


Lehigh School District of financial capability to meet the requirements described
in the information provided.

23. Other

A. The Contractor and Northwestern Lehigh School District shall be bound


by the laws of the Commonwealth of Pennsylvania and the rules and
regulations now in effect or hereinafter adopted by the Department of
Education, Department of Transportation, or any other Agency of the
Commonwealth or Federal Government having jurisdiction over the
transportation of students.

B. The Contractor shall be considered an independent contractor and is not a


servant, agent or employee of Northwestern Lehigh School District.

C. The Contractor’s employees working under this Agreement may be


investigated relative to fitness and competency by Northwestern Lehigh as
it deems reasonable, necessary and proper. The Contractor shall notify its
employees of Northwestern Lehigh’s right to conduct such personal
investigation and obtain such employee’s consent prior to being assigned
to work on Northwestern Lehigh’s transportation matters. The
Contractor’s employees must comply with any investigations or meetings
as deemed necessary and proper to conduct school business.

D. Driver must be replaced at Northwestern Lehigh’s request within three (3)


workdays of notification.

E. All transportation contracts of school districts in Pennsylvania are subject


to approval by the Department of Education.

F. Semi-annual vehicle evacuation drills are required by the Department of


Education.

G. The Contractor agrees to comply with all other relevant policies of the
Northwestern Lehigh School District as they may pertain to the
transportation of students.

24. Pricing

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The Contractor shall provide their pricing for the required services in the
following manner:

A. Individual cost/vehicle/day, and


B. Total cost per year, and
C. Total 3-year, 5-year and 7-year cost.

The Contractor shall also provide an estimate the Commonwealth of Pennsylvania


subsidy for the first year of the contract.

25. Payment

Northwestern Lehigh School District agrees to pay the contractor on a monthly


basis for ten (10) months a year at one-tenth (1/10) the yearly base-service cost
for the months of September through June of each school year. Contractors shall
invoice for the monthly scheduled payment and any adjustments to the base
contract on a monthly basis and include all supportive data. Supplementary trips
will be invoiced and paid separately based upon the timeliness of invoices
submitted by the contractor to the Business Office. All invoices for the school
year must be received in the Business Office by June 25th of that school year.
Supplementary bills not submitted by that date shall be paid at the discretion of
Northwestern Lehigh.

26. Discrimination Prohibited

Discrimination Prohibited – According to Section 62, Pa. C. S. A. § 3701, the


contractor agrees that:

A. In the hiring of employees for the performance of work under this


contract, no contractor, or any person acting on behalf of the contractor,
shall by reason of gender, race, creed or color discriminate against any
citizen of the Commonwealth of Pennsylvania who is qualified and
available to perform the work to which the employment relates. No
contractor, or any person on their behalf, shall in any manner discriminate
against or intimidate any employee hired for the performance of work
under this contract on account of gender, race, creed or color.

B. This contract may be cancelled or terminated by the School District and all
money due or to become due hereunder may be forfeited for a violation of
the terms or conditions of the contract.

27. Human Relations Act

The provisions of the Pennsylvania Human Relations Act, Act 222 of


October 27, 1955 P.L. 744) (43 P.S. Section 951, et. Seq.) of the
Commonwealth of Pennsylvania prohibit discrimination because of race,
religious creed, ancestry, age, sex, national origin, handicap or disability by

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employers, employment agencies, labor organizations, contractors and others.
The contractor shall agree to comply with the provisions of the Act as
amended that is made part of this specification.

28. Award

The School Board will not be required to make an award entirely on the basis
of the lowest bid in dollars and reserves the right to reject any and all
proposals and/or to modify the terms of the proposals to protect the interests
of the Northwestern Lehigh School District. In the event such modifications
are unacceptable to the contractor, such contractor shall be released from any
obligation to the Northwestern Lehigh School District. The Board shall
consider all matters arising out of this contract not specifically provided for
therein.

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EXHIBIT LISTING

Exhibit 1: Policy: Transportation

Exhibit 2: Non-Public School Listing

Exhibit 3: Listing of the 2009-2010 field trips, athletic trips, other activity trips

Exhibit 4: Listing of 2009-2010 special needs transportation

Exhibit 5: Listing of the 2009-2010 vehicle information

Exhibit 6: Policy: Video and Audio Recording on District School Buses

Exhibit 7: Architect drawing of transportation facility

Exhibit 8: Current Listing of Employees by Classification

Exhibit 9: Policy: Substance Abuse in the Workplace

Exhibit 10: Procedures: Bus/Vehicle Accidents

Exhibit 11: Student Regulations

Exhibit 12: Policy: Transportation Safety-Students and Equipment

Exhibit 13: Listing of the 2009-2010 daily routes

Exhibit 14: Northwestern Lehigh Transportation Department Operation and Procedure


Manual

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