BIDS TO BE OPENED:

AT:	3:00 P.M. EST

DATE:	Friday, August 4, 2023	

PLACE:	EAST ROCHESTER DISTRICT OFFICE

	EAST ROCHESTER UNION FREE SCHOOL DISTRICT
	222 WOODBINE AVENUE
	EAST ROCHESTER, NEW YORK 14445

SPECIFICATION AND BID FORM
FOR
ER RFB #24-02
Alternative Student Transportation Services 2023-2024 School Year

	Bidder	

	Address	

	Phone: ____________________________
	Fax:      ____________________________
	Email:   ____________________________
		
	Federal Employer ID# (FEIN):____________

	East Rochester Union Free School District
	222 Woodbine Avenue
	East Rochester, NY 14445

	Staci R. SanSoucie
	Assistant Superintendent of Finance & Operations
	585-248-6308
	Staci.SanSoucie@erschools.org

DO NOT SEPARATE THESE SHEETS

Submission Checklist

Your bid should include:

___Completed Vendor Information (cover page)

___Bidder's initials on each and every page in the spaces provided

___Signed Non-Collusive Certificate 

___Completed pricing (Appendix A) with Authorized Signature

___Completed "No Bid Response" form (if applicable) (Appendix B)

BID PROPOSAL CERTIFICATIONS

Firm Name	

Address	

Telephone Number	Date of Bid	

I.  General Bid Certification

The bidder certifies that he will furnish, at the prices herein quoted, the materials, equipment and/or services as proposed on this bid.

II.  Non Collusive Bidding Certification

By submission of this bid proposal, the bidder certifies that he is complying with Section 103-d of the General Municipal Law as follows:
Statement of non-collusive bids and proposals to political subdivision of the state.  Every bid proposal hereafter made to a political 
subdivision of the state or any public department, agency or official thereof where competitive bidding is
required by, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury:  

Noncollusive bidding certification.
(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case or a joint bid, each 
certifies as to its own organization under penalty of perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose 
of restricting competition as to any matter relating to such prices with any other bidder or with any competitor.
(2)  Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been
disclosed by the bidder prior to the opening, directly or indirectly, to any other competitor and 
(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit 
a bid for the purpose of restricting competition.
 A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been 
complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and 
shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.  Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not 
made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates, or tariffs covering items being 
procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, 
or (c) has sold the same items to their customers at the same price, does not constitute, without more, a disclosure within the meaning of subparagraph one (a). Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof 
by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required 
by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

	Signature (Authorized)	

	Title	

1.  OPENING OF BIDS

1. A.	Bids will be opened at the time and place set forth in the advertisement.  Every bid received before that time or authorized postponement thereof, will be opened and publicly read aloud. Bidders and other persons properly interested may be present in person or by representative.

1. B.	Any bid may be withdrawn prior to the advertised time for the opening of bids or authorized postponement thereof.

1. C.	Any bid received after the time and date specified shall not be considered and will be returned unopened to the bidder.  The bidder assumes the risk of any delay in the mail or in the handling of mail by employees of the School District.  Whether sent by mail or by personal delivery, the bidder assumes responsibility for having the offer deposited on time and at the specified place.

1. D.	No bidder/proposer may withdraw an offer within one-hundred-twenty (120) days after the actual opening thereof.

1. E.	Conditional offers will not be accepted.

2.	PREPARATION OF OFFERS

2. A.	Proposals must be submitted on prescribed forms and in accordance with the instructions provided.  Initial all sheets in the space provided.   Offers received without bidder's initials on each page will be considered non-compliant and will not be considered.   Offers must be submitted on the forms provided in the offers packet.  Offers received on other forms or in other formats will be considered non-compliant and will not be considered.   Do not separate these sheets.

2. B.	Offers, Quotations, or Amendments will not be accepted by telephone, telegraph, email or by fax machine.

2. C.	All blank spaces must be filled in, in ink or by typewriter.  All required information shall be legible; vague or illegible offers will be rejected.  All signatures must be written.  Offer forms must be completed in their entirety.  Any corrections made on this form (white out or strike through) must be initialed by an authorized representative of the company submitting the bid or the offer may be rejected by the School District.

2. D.	The non-collusive bidding certificate (Bid Proposal Certification) must be included with each offer as required by General Municipal Law, Section 103-d.  A “Bid Proposal Certification” is attached and forms a part of the proposal.  Failure to sign this statement will constitute grounds for rejection of offer.

2. E.	Each bidder must state that no officer of the School District or member of the Board of Education is directly or indirectly interested in the proposal.  This statement is at the end of the bid document.
	
2. F.	Each proposal shall be submitted in a sealed envelope and shall have clearly designated on the outside of the envelope the name and address of the bidder, the item for which the bid is submitted, and the date and time of the bid opening for which the proposal is submitted.  

2. G.	For all proposals forwarded by mail, the envelope containing the proposal must be enclosed in another envelope addressed to the School District.

3.	GENERAL CONDITIONS

3. A.	No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally.  Every request for such interpretation should be made in writing, addressed to the school district Purchasing Agent, no later than 5 days prior to bid opening.    Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the school district in the form of addenda to the specifications.  All addenda so issued will become part of the contract documents.

3. B.	The School District is exempt from Federal, State, Local, manufacturer’s, excise, floor or sales taxes and for that reason, the bid price will exclude all such taxes.

3. C.	Unless otherwise specified, bid prices shall include all expenses including, but not limited to: fuel surcharges, insurance, and handling costs. No allowance will be made at a later date for additional charges due to Bidder's omission.  The Bid price should include all expenses necessary for the complete performance of the contract.

4.	Award

4. A. 	Awards will be made to the lowest responsive and responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials or equipment or supplies to be furnished, their conformity with the specifications, the purpose for which required, and the terms of the delivery.

The Board may make such investigation as they deem necessary to determine the ability of the bidder to perform the work.  The bidder will furnish the Board with any and all such information and data for this purpose as the Board may request.

In determining the qualifications of a bidder, the Board of Education will consider his record in the performance of any contract for similar services or products into which he may have entered with the said school district or any other public body.  The school district specifically and expressly reserves the right to reject the bid of such bidder if the record discloses that such bidder in the opinion of the Board has not properly performed such contracts.

4. B. 	The school district reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part; to waive technical defects; qualifications; irregularities; and omissions if in its best judgment the best interests of the district will be served.

4. C. 	The district reserves the right to reject bids and to purchase items on state, county or BOCES contract if such item can be obtained on the same terms, conditions, specifications and at a lower price.

4. D. 	The school district reserves the right to make awards within one-hundred-twenty (120) days after the date of the bid opening during which period bids may not be withdrawn.

4. E. 	If two or more bidders submit identical bids as to price, the decision of the Board to award a contract to one of such identical bidders shall be final (General Municipal Law, Sec. 103, sub. 1). 

4. F.	Bidders are urged to compute all discounts into the price offered.  If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

4. G.	Bidders must initial each page of the bid document and return it with their response.  Responses that are incomplete or are missing bidder's initials on the appropriate pages will be considered non-compliant and will not be considered.

4. H.	The District reserves the right to award contracts by line item.

5.	GUARANTEES BY THE SUCCESSFUL BIDDER
The successful bidder guarantees:

5. A.  	To carry adequate insurance to protect the school district from loss in case of accident, fire, theft etc.

5. B.	The contractor shall fully comply with each and every provision of the law of the State of New York and all other laws, ordinances and regulations related to the work herein to be performed.  Contractor's attention is particularly called to each and every provision to Labor Law and Workmen's compensation Law of the State of New York applicable to the work herein to be performed.

5. C.	Every mechanic, laborer and workman employed by the contractor or a subcontractor or other person, or upon work contemplated by this contract, shall be paid not less than the prevailing rate of wages as provided for in the Section 220 of the Labor Law of the State of New York.

5. D.	(a) Insurance Requirements.  Before commencing work, contractor shall furnish the Board of Education with insurance policies or certificates thereof issued by the insurance companies of the following types of insurance which shall be maintained in force until completion of work, in a form and underwritten by a carrier or carriers satisfactory to owner.  Insurance coverage enumerated herein shall apply to contractor's and subcontractor's employees where their work is required on this project.

	(b) Type and Scope of Policies Minimum Limits

		Workmen's Compensation:			Statutory (New York)

		Business Auto					$2,000,000

Excess Liability					$2,000,000				

		Owner's Protective Liability in name of Board 	$300,000 each person
			Of Education				$300,000 each occurrence

		East Rochester Union Free School District to be named as an additional insured on certificate.

6.	CONTRACT

6. A. 	Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. Contract shall bind the successful bidder on his part to provide the service at the price and in accordance with the conditions of his bid.  Contract shall bind the school district on its part to order from such successful bidder and to pay for at the contract prices, services rendered.

6. B. 	The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in the bid, will be considered sufficient notice of the acceptance of the contract.

6. C. 	If the successful bidder fails to provide services as ordered, or within the time specified, or within reasonable time as specified by the school district, the school district may purchase from other sources to take the place of the services. The school district reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference.

6. D. 	A contract may be canceled at the successful bidder’s expense upon nonperformance of contract.

6. E. 	No services are to be provided until receipt of an official purchase order from the district. 

6. F. 	Cancellation of contract for any reason will result in the removal of the successful bidder’s name from the mailing list for future proposals. 

6. G. 	It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title or interest therein, or his power to execute such contract, to any other person, company or corporation, without the previous written consent of the school district.

6. H.	The District reserves the right to increase or decrease the number of runs made or vehicles requested and provided over the life of the contract, due to an increase or decrease in schools serviced, student population, student educational requirements, change in school’s hours, or any other demographic change. The cost of the added or reduced transportation will be at the per vehicle rate approved in the contract. The proposer may suggest a viable alternative to increased vehicle service; however, the East Rochester Union Free School District retains the right to make the final determination as to the course of action to follow.

7.	CONTRACT RENEWAL

7A.	The East Rochester Union Free School District shall have the option at its sole discretion, to renew this agreement for two (2) terms, including school  years 2023-2024 and 2024-2025 (September-June, not to include Extended School Year summer program)  upon the same terms and conditions, except that the amount payable shall be increased, decreased, or remain the same in accordance with the applicable change or no change in the Consumer Price Index, All Urban Consumers Series Id: CUUR0000SAG, not Seasonally Adjusted, Northeast Urban average, other goods and services.

8. 	PAYMENTS

8. A. 	Payment will be made only after the correct presentation of claim forms or invoices as may be required. However, final acceptance will not be made until after inspection by an authorized District representative.

8. B. 	Payments of any claim will not preclude the school district from making claim for adjustment on any item found not to have been in accordance with the contract specifications.

8. C.	The successful vendor will be required to supply an original invoice and to reference all invoices to the purchase order to which they pertain. Monthly invoices should include: student name, dates transported, trips specified as “One Way”, “Round Trip”, “Inside Monroe County”, and “Outside Monroe County”, number of total monthly trips, additional attendant (if required), and should be sent to the East Rochester union Free School District Business Office no more than 5 business days after each month’s transportation requirements are complete.

9. 	FORCE MAJURE

9. A.	The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms if the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent.

10.	TITLE IX REGULATION

10. A. 	The East Rochester Union Free School District is in compliance with the United States Civil Rights Act of 1964 and the Title IX Educational Amendment of 1972, Part 86 and Section 504 of the Rehabilitation Act of 1973.  The School District provides equal employment opportunity to all individuals and does not discriminate on the basis of race, color, religion, national origin, sex, age or handicap.  Bidders must also comply with Title IX regulations.

11.         GIFT POLICY

11. A.	The District desires to assure that all purchases made on behalf of the school system are made using procedures that are equitable, and that assure best value is obtained for the school system.  To that end, no vendor or potential vendor of products or services shall provide any bonus, refund or anything of monetary value to any member of the Board of Education or any employee, which could be perceived as an inducement of favorable consideration of their company, product, or services.

The District may, by written notice to the Vendor, cancel this RFB without liability to the Vendor if it is determined by the District that gratuities, in for form of entertainment, compensation, gifts, or otherwise, were offered or given by the Vendor, or any agent or representative of the Vendor, to any Board Member, officer, or employee of the East Rochester Union Free School District with a view toward securing a bid or securing favorable treatment with respect to the awarding of amending, or the making of any determinations with respect to the performing of such an agreement.

12.        ADVERTISING

12. A.    Contractor agrees not to use the existence of this contract or the name of the East Rochester Union Free School District as
              part of any commercial advertising without prior written authorization from the District.

13.        IRAN DIVESTMENT ACT

13. A.  By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder,    
            Bidder/Contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive 
            Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on
            the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on
            such Contract and subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised 
            that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same
           certification at the time the Contract is renewed or extended.

            During the term of the Contract, should the District receive information that a person (as defined in State Finance Law 
            §165-a) is in violation of the above-referenced certifications, the District will review such information and offer the person
            an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity   
            which is in violation of the Act within 90 days after the determination of such violation, then the District shall take such  
            action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, 
            recovering damages, or declaring the Contractor in default.

            The District reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the
            Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue to the responsibility 
            review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

SPECIFICATIONS

ER RFB #24-02
Alternative Student Transportation Services: 2023-2024 School Year

The East Rochester union Free School District anticipates the need for alternative student transportation services that meet the following requirements:

1.	Ability to transport student(s) to/from a Monroe County address to/from an East Rochester School or a Private, Public or Charter School that could be up to 15-50 miles away one-way.

2.	Must transport student(s) in a 4-door passenger car or van meeting all NYSDOT and FMVSS requirements.

3.	In the case of student(s) utilizing a wheelchair, a wheelchair van will be required for transport.

4.	Be available for transport between the hours of 6:00am-9:30am and 9:30am – 1:30pm and 1:30pm-5:00pm on school days.

5.	Be available for transport 185 school days, plus additional days for exams, field trips, after school activities, and non-school days, if needed.

6.	Drivers must meet New York State Department of Motor Vehicle requirements, including those requirements under Article 19-A, and all pertinent New York State Education Department requirements for bus drivers.

7.	Contract period is September 1, 2023- June 30, 2024.

APPENDIX A
PROPOSAL AND BID FORM
ER RFB #24-02
Alternative Student Transportation Services 2023-2024 School Year

Board of Education		Date			
East Rochester Union Free School District
222 Woodbine Avenue
East Rochester, NY  14445

The undersigned, having fully read and understanding the specifications as set forth in ER RFB #24-02 agrees to provide alternative transportation for students in the East Rochester Union Free School District at the following rates: 

Transportation Within Monroe County:
			
1. Transportation to/from an East Rochester Union Free School District address to/from a public or private school in Monroe County

                        1.a.  Total Cost for One-Way transportation in a 4-door car/van:       _____________________	

                        1.b.  Total Cost for Round Trip transportation in a 4-door car/van:   _____________________

2. Transportation to/from an East Rochester Union Free School District address to/from a public or private school in Monroe County

                        2.a.  Total Cost for One-Way transportation in a wheelchair van:       _____________________

                        2.b.  Total Cost for Round-Trip transportation in a wheelchair van:   _____________________ 

3. Transportation to/from a Monroe County address to/from a public or private school in the East Rochester Union Free School District
                       
                        3.a.  Total Cost for One-Way transportation in a 4-door car/van:       _____________________	

                        3.b.  Total Cost for Round Trip transportation in a 4-door car/van:   _____________________

4. Transportation to/from a Monroe County address to/from a public or private school in the East Rochester Union Free School District
                      
                       4.a.  Total Cost for One-Way transportation in a wheelchair van:       _____________________

                       4.b.  Total Cost for Round-Trip transportation in a wheelchair van:   _____________________ 

5. Additional cost to provide an attendant (one-way):	            _____________________

6. Additional cost to provide an attendant (round trip):	            _____________________

Transportation Outside Monroe County:
			
7. Transportation to/from an East Rochester Union Free School District address to/from a public or private school outside Monroe County

                        7.a.  Total Cost for One-Way transportation in a 4-door car/van:       _____________________	

                        7.b.  Total Cost for Round Trip transportation in a 4-door car/van:   _____________________

8. Transportation to/from an East Rochester Union Free School District address to/from a public or private school outside Monroe County

                        8.a.  Total Cost for One-Way transportation in a wheelchair van:       _____________________

                        8.b.  Total Cost for Round-Trip transportation in a wheelchair van:   _____________________ 

9. Transportation to/from an address outside Monroe County to/from a public or private school in the East Rochester Union Free School District
                       
                        9.a.  Total Cost for One-Way transportation in a 4-door car/van:       _____________________	

                        9.b.  Total Cost for Round Trip transportation in a 4-door car/van:   _____________________

10. Transportation to/from an address outside Monroe County to/from a public or private school in the East Rochester Union Free School District
                      
                       10.a.  Total Cost for One-Way transportation in a wheelchair van:       _____________________

                       10.b.  Total Cost for Round-Trip transportation in a wheelchair van:   _____________________ 

11. Additional cost to provide an attendant (one-way):	            _____________________

12. Additional cost to provide an attendant (round trip):	            _____________________

                                                  Bidder _________________________________________________________

                                                                           Address _________________________________________________________

                                                                           Bidder’s signature _________________________________________________

                                                                           Print signature ____________________________________________________

                                                                          Title _____________________________________________________________

       APPENDIX B
NO BID RESPONSE FORM
(Return only if applicable)

ER RFB #24-02 
Alternative Student Transportation Services
                     ___________________________________________________________________

Please be advised that our company does not wish to submit a bid in response to the above-mentioned bid for the following reasons:

____Too busy at this time						_____Not engaged in this type of work

____Requirements are too large or small 

____Cannot meet mandatory specifications (Please specify below)

____Other (Please specify)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

______________________________________________   ________________________________________
Company Name						Name

______________________________________________   ________________________________________
Street Address							Authorized Signature/Date

______________________________________________   ________________________________________
City, State, Zip						Title

Please return to:     	East Rochester Union Free School District
			Staci R. SanSoucie	
			Assistant Superintendent of Finance & Operations	       
			222 Woodbine Avenue
			East Rochester, NY 14445