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HomeMy WebLinkAboutMINUTES - 09241996 - C70 TO: BOARD OF SUPERVISORS Contra FROM; SCOTT TANDY, DIRECTOR �� `:s Costa COMMUNITY SERVICES DEPARTMENT _ ~ County r DATE: September 24, 1996 ° SUBJECT: APPROVAL OF REQUEST FOR PROPOSAL NO. 001 FOR HEAD START TRANSPORTATION SERVICES. SPECIFIC REOUEST(S)OR RECOMMENDATION(S)L BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or designee to execute Request for Proposal No. 001 to solicit proposals to provide Head Start transportation services for the period from January 1, 1997 through December 31,1997. II. FINANCIAL IMPACT: No County funding is required. Funding is allocated by the Head Start program's total budget which is derived from the U.S. Department of Health and Human Services Administration for Children and Families (ACF). III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Head Start provides transportation services for those children and families who are not within walking distance of their center-based program and do not have any means of transportation (i.e., no motor vehicle or public transportation stop within walking distance) on a first come, first served basis. To provide continuous and reliable transportation for those Head Start children and families who meet the above criteria, the Department would like to release Request for Proposal No. 001 (RFP #001) to solicit proposals to provide bus service, particularly in the areas of East and West County. The Department received input into the drafting of RFP #001 from County Counsel, Risk Management, and parent representatives of the Head Start Policy Council. Head Start Policy Council approval of RFP #001 was obtained prior to consideration by the Board. CONTINUED ON ATTACHMENT:M NT' YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C EE APPROVE OTHER SIONATURE(S)• ACTION OF BOARD ON September 24 192§ APPROVED AS RECOMMENDED 'X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ------------- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CDV ACT: Scott Tandy 313-7369 ATTESTED September 24, 1996 CC; CAO PHIL BATCHELOR,CLERK OF THE BOARD OF CSS OERVISORS AND COU DMINISTR R E M082 (10/88) REQUEST FOR PROPOSAL To Provide Head Start Transportation Services Throughout East and West Contra Costa County, California RFP No. 001 Date of Issuance: September 25, 1996 Proposal Due Date: October 28, 1996 Contact: Contra Costa County Community Services Department Contracts and Grants Administration c/o Jayna Ng 1220 Morello Avenue, Suite,101 Martinez, CA 94553-4711 (510) 313-7350 TABLE OF CONTENTS Announcement and Overview 1-6 Section A: RFP Instructions and Requirements for Bidders 7-11 Section B: Proposal Package Content 12 Section C 13-27 Form 1: Proposal Cover Sheet 13 Form 2: Cost Summary 14 Form 3: Questionnaire 15-24 Form 4: Fiscal Component 25-26 Form 5: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 27 Section D: Proposal Review and Selection 28-29 Section E: County Monitoring and Evaluation of Contract Services 30 Section F: Contra Costa County Contract Policy 31-32 Appendix A: Site Locations and Student Addresses 33-37 Appendix B: Special Conditions 38-44 Appendix C: General Conditions 45-50 Bidder's Checklist 51 2 08/30/96 4:16 PM HS Transpo RFP 001 ANNOUNCEMENT AND OVERVIEW Notice is hereby given that sealed bids for RFP No. 001 to provide Head Start Transportation Services throughout East and West Contra Costa County will be accepted until 4:00 p.m., October 28, 1996. Bids must be sealed and submitted to the Contra Costa County Community Services Department at 1220 Morello Avenue, Suite 101, Martinez, CA 94553-4711. L General Information Contra Costa County (County) and its Community Services Department (Department) administer the Head Start program for the County as a result of its annual application for Federal funds submitted to the U.S. Department of Health and Human Services Administration for Children and Families (ACF). The overall purpose of Head Start is to foster self-sufficiency in low-income families with children ages three to five years. The Contra Costa Community Services Department announces a Request for Proposal (RFP) to solicit proposals from qualified bidders to provide Head Start transportation services throughout east and west Contra Costa County for approximately 125 children and their families for the period January 1, 1997 through December 31, 1997. This RFP solicits proposals from bidders to provide Head Start transportation services in east and west Contra Costa County. Bidders should prepare proposals based upon information detailed in this RFP and must propose to provide Head Start transportation services in both areas of the County. Following the initial RFP process and awarding of a contract to provide Head Start transportation services, the selected bidder will be offered a one-year contract with the County. This contract may be renewed annually unless cause is given to suspend, cancel, or not renew the contract or if the ACF terminates its Federal funding to the grantee, County. As the overall administrator, County will provide close assistance to the bidder selected to assure its success in carrying out Head Start transportation services. II. Program Purpose. Head Start is a federally-funded program providing comprehensive services to low- income families who have preschool children, age three to age of school attendance. To aid enrolled children to obtain their full potential, Head Start programs provide comprehensive health, mental health, nutritional, educational, social and other services. In addition, Head Start programs are required to offer opportunities for direct participation of parents of enrolled children in development, conduct, and direction of local programs. County Head Start serves approximately 1,183 children through delegate agencies and grantee-operated programs. While Head Start is targeted primarily to low-income children whose families have incomes below the poverty level or are eligible for public assistance, ACF policy 3 08/30/96 4:16 PM HS Transpo RFP 001 permits up to 10 percent of the Head Start children in local programs to be from families who do not meet the low-income criteria. Head Start legislation also requires that a minimum of 10 percent of enrollment opportunities be made available to children with disabilities. Such children are expected to be enrolled in the full range of Head Start services and activities in a mainstream setting with their non-disabled peers and to receive needed special education and related services. III. Statutory and Regulatory Authority. The Head Start Act is Title VI, Subtitle A, Chapter 8, Subchapter B of the Omnibus Budget Reconciliation Act of 1981, PL 97-35 (8/13/81). Minor amendments to this Act were made by the "Technology-Related Assistance for Individuals.With Disabilities Amendments of 1993," PL 103-218 (3/9/94). This act was most recently:reauthorized through fiscal year 1998, by Title I of the Human Services Amendments of 1994, PL 103-252 (5/18/94). Other relevant regulations include 45 CFR Part 1308, "Head Start Performance Standards on Program Services for Children with Disabilities." Respondents should be aware that the County's Head Start activities are subject to any modifications required by the ACF through its regulations. The source documents identified are available for review at the Community Services Department, 2425 Bisso Lane, Suite 120, Concord, California. IV. Bidder's Conference. A mandatory bidder's conference is scheduled for October 10, 1996 from 1:00- 4:00 p.m., at 1220 Morello Avenue, Suite 200, Martinez, California, to provide further clarification on this RFP and answer questions by prospective bidders. Any agency wishing to respond to this RFP must send a representative to this conference. V. Deadline for Submission of Proposals. Responses to this RFP must be delivered to Contra Costa County, Community Services Department, 1220 Morello Avenue, Suite 101, Martinez, California 94553, prior to 4:00 p.m. on October 28, 1996. Bidder must provide an original and eight (8) copies of its proposal to provide Head Start transportation services throughout east and west Contra Costa County. It the responsibility of each bidder to be familiar with all of the specifications and terms. and conditions of this RFP. By submission of a bid, the bidder certifies that if awarded a-contract, it will make no claim against the County based upon ignorance of terms and conditions and/or misunderstanding of the specifications. 4 08/30/96 4:16 PM HS Transpo RFP 001 VI. RFP Outline. This RFP includes a schedule for application procedures and deadlines, describes the services required, provides instructions and forms for preparation and submission of the proposal, outlines the review process and contain administrative and program information useful to prospective bidders. The RFP consists of Sections A through F and RFP attachments. Review all RFP sections prior to submitting your proposal package: Section A: RFP INSTRUCTIONS AND REQUIREMENTS FOR BIDDERS Section B: PROPOSAL PACKAGE CONTENT. Section C: FORM 1: Proposal Cover Sheet FORM 2: Cost Summary FORM 3: Questionnaire FORM 4: Fiscal Component FORM 5: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Section D: Proposal Review and Selection Section E: County Monitoring and Evaluation of Contract Services Section F: Contra Costa County Contract Policy Appendix A: Site Locations and Sample Student Addresses Appendix B: Special Conditions Appendix C: General Conditions Bidder's Checklist Address all correspondence and submit completed proposals to: Contra Costa County Community Services Department Contracts & Grants Administration ATTN: RFP No. 001 1220 Morello Avenue, Suite 101 Martinez, CA 94553 The successful bidder is expected to enter into a standard Contra Costa County Purchase of Service contract from the period January 1, 1997 to December 31, 1997. The subsequent effective date of any renewed contract and the funding amount is dependent upon the availability of funds at the time the renewal contract is to go into effect and contractor's ability to continue contract services. 5 08/30/96 4:16 PM HS Transpo RFP 001 VII. RFP Process Calendar. The RFP is subject to the following calendar: September 25, 1996 RFP issued. October 10, 1996 Mandatory bidder's conference. 1:00 - 4:00 PM 1220 Morello Avenue, Suite 200 Martinez, CA 94553 October 28, 1996 Deadline for submission of proposals. (No late proposals 4:00 PM will be accepted.) 1220 Morello Avenue, Suite 101 Martinez, CA 94553 October 29 - November 6, 1996 Proposal review. October 7, 1996 Results of proposal review and scoring submitted to Head Start Policy Council Executive Committee. October 21, 1996 Executive Committee recommendations considered by full Head Start Policy Council. October 22, 1996 Head Start Policy Council recommendation issued to RFP respondents and submitted to County Board of Supervisors. October 26, 1996 Recommendation of successful bidder to County Board of Supervisors for decision. December 3, 1996 Deadline for submission of written appeal(s) to the Community Services Department (CSD). December 10, 1996 Deadline for CSD to respond to appellant(s). December 17, 1996 Deadline for submmission of request for appeal hearing due. December 27, 1996 Appeal hearing. January 1, 1997 Contract services begin. January 3, 1997 Appeal committee response to appellant(s). January 10, 1997 Deadline for submission of written appeal(s) to the County Board of Supervisors (cc to CSD). January 21/28, 1997 Board of Supervisors considers appeal(s). January 28, 1997 Deadline for submission of written appeal(s) to the U.S. Department of Health and Human Services Administration for Children and Families (cc to CSD). 6 08/30/96 4:16 PM HS Transpo RFP 001 '.cb SECTION A RFP INSTRUCTIONS AND REQUIREMENTS FOR BIDDERS The bidder requirements in this section are mandatory. Bidders shall thoroughly examine and be familiar with this RFP and required bid documents (i.e., federal regulations, transportation safety law, etc.). Failure or omission of any bidder to receive or examine any RFP or contract document, form, instrument, addendum, or other documents, shall in no way relieve any bidder from obligations with respect to the bid. The submission of a proposal package shall be taken as prima facie evidence of compliance with this RFP's requirements. The County reserves the right to waive any nonmaterial variation. I. Bidder's Conference. To insure that all prospective bidders have an equal opportunity to ask questions and hear responses regarding the RFP and issues related to it, a RFP bidder's conference is scheduled for the following date, time, and place: Date: Thursday, October 10, 1996 Time: 1:00 PM - 4:00 PM Place: 1220 Morello Avenue, Suite 200, Martinez, California Bidders will be given an overview presentation on the Head Start program, and County staff will respond to bidders' questions on the written content of this RFP and the County contract format to be entered into by successful bidder. Since the competitive process requires that all applicants receive the same information, any questions that cannot be answered at the Conference will be recorded and answers provided afterward by mail to all bidders. Absolutely no information concerning interpretation of the selection criteria can be supplied individually to applicants. Bidders may submit questions in advance of the bidder's conference, in writing only, and questions must be received by County by the close of business on Thursday, October 3, 1996. Copies of the questions and responses will be provided to all prospective bidders at the bidder's conference. Questions are to be submitted to the following address and/or FAX number: Contra Costa County Community Services Department ATTN: Contracts & Grants Administration 1220 Morello Avenue, Suite 101 Martinez, CA 94553 FAX: (510) 313-7385 7 08/30/96 4:16 PM HS Transpo RFP 001 Attendance at the bidder's conference is mandatory for any agency wishing to submit a proposal. Failure to attend the bidder's conference on Thursday, October 10, 1996 automatically disqualifies an agency from bidding. This meeting will not be repeated. H. Proposal Package. A. Submission Standards. Submissions in response to this RFP must be in the form of a proposal package containing the complete proposal and all the required supporting information and documents. All narrative materials are to be typed, single-spaced on 8 1/2" x 11" paper with no less than 1" margins on each side of the paper. Use one side of the paper only. All pages must be stapled together and numbered consecutively with each section identified by the appropriate Roman numeral. All bidders shall submit one original proposal package and eight (8) complete copies of their proposal package under sealed cover, by mail or hand-delivery, prior to 4:00 p.m. on Monday, October 28, 1996 to the following address: Contra Costa County Community Services Department ATTN: Contracts & Grants Administration 1220 Morello Avenue, Suite 101 Martinez, CA 94553 Each submission must be marked on the outside with the bidder's name and RFP No. 001. Proposals received via mail or hand-delivery later than the above date and time will be deemed unacceptable for consideration. Proposals and required attachments shall be submitted as specified and must be signed by officials authorized to bind the bidder to the provisions of the proposal. It is the responsibility of each bidder to be familiar with all of the specifications, terms, and conditions of this RFP. By the submission of a bid proposal, the bidder certifies that if awarded a contract, it will make no claim against County based upon ignorance of conditions or misunderstanding of the specifications. A proposal may be withdrawn in person by a bidder's authorized representative prior to 4:00 p.m. on October 31, 1996 if the bidder provides appropriate identification and signs a receipt attesting to his/her receipt of the proposal. B. Pri in . Prices quoted by bidder are to be firm for the full term of the contract. Unless otherwise stated, bidder agrees that, in the event of a price decline, the benefit of the lower price shall be extended to the County. Any price increases 8 08/30/96 4:16 PM HS Transpo RFP 001 must be made in writing and subject to mutual agreement between the contractor and County. C. Additional Requirements. 1. Substance Abuse Prevention/Treatment. The transportation contracting agency must agree to support implementation of the County's alcohol/drug abuse prevention/treatment policy and Head Start regulations regarding smoking. 2. Controlled Substance and Alcohol Testing. The transportation contracting agency must agree to test negative each of its drivers providing service under this contract for each of the controlled substances specified in Part 40 (commencing with Section 40.1), Title 49 of the Code of Federal Regulations, prior to hiring said drivers and then once per year on undisclosed dates. Drivers shall test negative for these controlled substances and for alcohol as a condition of service under an awarded contract. All test results shall be confidential. Positive test results shall be reported to the transportation contracting agency. The transportation contracting shall then notify the County of positive results. 3. Agency Staff/Volunteers. No contract staff, either paid or volunteer, may be knowingly employed who has be convicted or arrested and is currently released on bail or is on his/her own recognizance pending trial for any sex crimes, drug crimes, or crimes of violence. 4. Subcontracts. Bidders may not subcontract with other transportation firms to provide any services under this RFP. 5. Laws, Rules, and Regulations. Vehicles, equipment, and services covered by this RFP, and a subsequent contract with the successful bidder, must comply with applicable laws, ordinances, and other legal requirements including, but not limited to, Federal and California laws, rules, and regulations governing the operation of school transportation vehicles for preprimary students, the pertinent provisions of the California Vehicle Code, pertinent provisions of the California Education Code, pertinent provisions of the California Highway Patrol and Motor Vehicle rules and regulations, and policies and regulations of the State of California. 6. Personnel Consideration. Bidder shall hire current Head Start bus drivers who meet bidder's driver specifications and qualifications under its personnel hiring policies and procedures for employment in its company. 9 08/30/96 4:16 PM HS Transpo RFP 001 D. Responsive/Responsible Bidder. A responsive bidder is one whose proposal substantially complies with all requirements set forth in this RFP. A responsible bidder: 1) can assume responsibility for all services proposed in their proposal; 2) has demonstrated the ability to maintain adequate and accurate financial controls and records; 3) can effectively deal with audits or other fiscal issues; 4) can establish and maintain required insurance and bonding coverage; 5) has an adequate personnel management system; and 6) complies with all laws relating to employer-employee relations. Bidder's response to this RFP by submission of its proposal package will be used to evaluate each bidder's capability to provide proper and satisfactory Head Start transportation services as required pursuant to this RFP. Proposal package information, and any subsequent amendments to it, shall be the primary source of information used in awarding a contract. Upon County request, bidders will be required to submit additional information including, but not limited to, additional information to support the minimum of five (5) years experience in providing home-to-school transportation for regular and special needs students. E. Proposal Incorporation Into Contract. The respondent's proposal, at the County's discretion, may be appended and incorporated into the Service Plan of the awarded contract but is subject to modifications or revisions by the County to assure that necessary program requirements are met. Bidders should understand that they are responsible for levels of service proposed at costs levels quoted. F. Cost of Developing Proposal. All costs incurred in the preparation of a proposal responding to this RFP,,including travel expense to attend the bidder's conference, are the responsibility of the respondent and will not be reimbursed by the County. G. RFP Amendments. The County may issue a RFP amendment to make changes or corrections to RFP specifications or provide additional data. Amendments will be sent to each bidder to whom the RFP was furnished. The County may extend the RFP submission date, if necessary, to allow bidders adequate time to consider such additional information and submit required data. 10 08/30/96 4:16 PM HS Transpo RFP 001 H. RFP Cancellation. The RFP process may be canceled in writing by the County prior to awards if the County Board of Supervisors determines that cancellation is in the best interest of the County. I. County Bid and Contract Discretion. Rejection of any or all bids, to contract work with whomever and in whatever manner, to abandon work entirely,or waive any informality in the bidding is reserved asthe right of the County. Before the contract is awarded, the County may, in its sole discretion, require from any bidder further evidence of the adequate qualifications of such contractor to faithfully, capably, and reasonably perform such proposed work, including, without limitation, evidence of a training program, financial status, demonstrated ability to purchase buses, degree of experience in transporting children with disabilities and/or preprimary children, copy of public complaint policy and procedures, and copies of Highway Patrol inspections. County reserves the right to consider such,evidence before making its decision on the award of any contract. 11 08/30/96 4:16 PM HS Transpo RFP 001 SECTION B PROPOSAL PACKAGE CONTENT The following constitutes a bidder's entire proposal package. Any omissions are grounds for rejection of the proposal submitted and the bidder may be considered unresponsive. I. Proposal.Cover'Sheet. Complete Form No. 1 and attach to the proposal package as the first page. II. Table of Contents. Include a table of contents, sectioned and paginated. III. Executive Summary. Attach a brief summary of not more than two pages, single- spaced describing proposed service. Include primary purpose, transportation route design, and basis for costs presented. IV. Head Start Transportation Services Proposal. Present bidder's proposal of how Head Start transportation services will be provided if awarded a contract by the County. Include completion of Form No. 2. Proposal estimates should reflect live time and mileage (e.g., time children are actually on the bus from the first pick-up to last drop-off). Include any documents to justify cost estimates. "V. Questionnaire. Complete Form No. 3, attaching all appropriate documents. VI. Fiscal Component. Complete Form No. 4. VII. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Sign Form No. 5. 12 08/30/96 4:16 PM HS Transpo RFP 001 SECTION C RFP No. 001 FORM 1 Proposal Cover Sheet Each proposal must show the full business address of the bidder and be signed by authorized officers of the bidder with their usual signatures. Unsigned bids will not be accepted. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. Upon request by the County, satisfactory evidence of the authority of the officers or authorized representatives signing on behalf of the corporation shall be furnished. The undersigned submit the attached proposal in response to the Notice of Request for Proposal No. 001 and all attachments and declare that: If this proposal is accepted by the Board of Supervisors of Contra Costa County, we will enter into a standard contract with Contra Costa County to provide all work specified herein at the costs that we :have proposed or in accordance with modifications required by Contra Costa County. Funds obtained through this contract will not be used to supplant or augment funding for other services or progr ams operated by the bidder/contractor unless stipulated within the proposal and accepted by the County. Name of Organization Address Telephone# ( ) Taxpayer ID# Contact Person Name Title Telephone# (if different than above listed) ( ) Total Amount of Funds Requested from County $ OFFICERS OR AUTHORIZED REPRESENTATIVES (two signatures required): Signature Title Print Name Date Signature Title Print Name Date (A copy of this form must accompany the proposal package when submitted. Only one copy of original signatures is required.) 13 08/30/96 4:16 PM HS Transpo RFP 001 SECTION C RFP No. 001 FORM 2 Cost Summary 1. Base Rate Per Vehicle Per Day a. Rate For 6 Hours Per Vehicle $ b. Excess Hourly Rate Over Base Rate $ C. Total Base Bid Amount $ 2. Rates for Extra Trips (i.e., for therapy, field trips, special activities such as emergency evacuation drills) a. Minimum Call-Out Charge Hours $ b. Rates For Additional Hours $ C. Rates Per Miles $ d. Lay-Over Per Diem $ OFFICERS OR AUTHORIZED REPRESENTATIVES (two signatures required): Signature Title Print Name Date Signature Title Print Name Date (A copy of this form must accompany the proposal package when submitted. Only one copy of original signatures is required.) 14 08/30/96 4:16 PM HS Transpo RFP 001 SECTION C RFP No. 001 FORM 3 Questionnaire The information provided herein will be used for evaluating the qualifications of the bidder to execute satisfactorily the terms of a contract offered to provide Head Start transportation services. The questionnaire must be completed accurately and completely and submitted with the bid. Any errors, omissions, or misrepresentation of information may be grounds for cancellation of any subsequent agreement executed as a result of proposal provided herewith. 1. Name of Organization 2. Address City/State ZIP 3. Telephone#{ ) 4. Corporation Yes No a. If yes, attach a list to follow this questionnaire of officers and positions, and state in which organization is incorporated. b. If corporation is a subsidiary, give name and address of parent corporation and names of officers in space provided below: 5. Partnership Yes No a. If yes, attach a list to follow this questionnaire of all partners' names and addresses. b. Individual proprietorship Yes No 6. Is your firm currently engaged in transportation of preprimary or primary children? Yes No a. If yes, in what area or city? 15 .08/30/96 4:16 PM HS Transpo RFP 001 b. Is this operation full-time, regularly scheduled, or part-time? Briefly describe. 7. Is your firm currently engaged in transportation of passengers with disabilities? Yes No a. If yes, please answer the following questions: (1) In what area(s) or city(ies)? (2) What kinds of disabilities do the passengers have, what is their age group(s), and how many (e.g., five non-ambulatory, cerebral palsy, preprimary students)? Briefly describe. (3) Is this operation full-time, regularly scheduled, or part-time? Briefly describe. 8. Number of years of experience bidder has in providing transportation services 9. Attach a copy to this questionnaire of any transportation permits and licenses (City or State) under which you operate. 10. Do you contract, or have you ever contracted, to provide transportation for either Head Start program children, preprimary students, primary students, and/or students with disabilities? Yes No 16 08/30/96 4:16 PM HS Transpo RFP 001 a. If yes,.please answer the following questions: (1) For which group of children/students do you provide transportation and for whom (e.g., primary and students with disabilities for the Mt. Diablo Unified School District)? 11. Attach a list to follow this questionnaire of current, key contracts and/or subcontracts, including those with government (local, state, or federal) and provide the following information: funding source name, address, phone number, type of service provided, and effective dates. 12. Have you ever failed or refused to complete any contract? Yes No a. If yes, explain in space provided below. 13. Has there been any litigation in connection with contracts for services involving bidder or any principal officer of the organization? Yes No a. If yes, explain in space provided below. 14. In the space provided below, list a "typical" vehicle owned by you that would be used in the performance of the services outlined by this RFP, including make of chassis, make of body, type, model, capacity, growth vehicle weight rating (GVWR), and year manufactured. 17 08/30/96 4:16 PM HS Transpo RFP 001 a. If more than one type of vehicle is to be employed forservice, list additional type(s) in space provided below. b. If bidder does not currently own all equipment necessary to perform the services outlined in this RFP, attach a description to this questionnaire of how necessary equipment will be acquired and provide a timeline for acquisition of said equipment. 15. Does your firm engage in business other than transportation? Yes No a. If yes, explain in space provided below. 16. In space provided below, give name(s) and title(s) of person(s) who will be responsible for the overall management of the services outlined in this RFP and, if different, the name(s) and title(s) of person(s) who will serve as the single point of contact to the County for all matters pertaining to an awarded contract. 17. Attach a list to this questionnaire of any and all persons employed in an advisory capacity (i.e., Board of Directors) and provide a resume of their experience. 18. Number of drivers currently in the bidder's regular employ a. What procedures are used to secure data on applicants? Answer the following . regarding hiring and/or attach any hiring policies and procedures to follow this questionnaire. (1) Do you use personal interview procedures? Yes No 18 08/30/96 4:16 PM HS Transpo RFP 001 If yes, describe in space provided below. (2) Do you perform reference checks on driver applicants? Yes No If yes, describe in space provided below. (3) Do you use any personnel qualification and driver test procedures? Yes No If yes, describe in space provided below. (4) Do you screen driver applicants for prior sex offenses? Yes No If yes, describe in space provided below. (5) Do you currently conduct tuberculosis (TB) screening of those employees who are in direct contact with passengers (i.e., drivers)? Yes No (6) Do you currently employ all of the staff necessary to perform the services outlined in this RFP? Yes No 19 08/30/96 4:16 PM HS Transpo RFP 001 If no, provide a timeline for acquisition of the appropriate individuals in the space provided below. b. Do you have a driver training program in its present operation? Yes No (1) In space provided below, list name(s) and title(s) of person(s) assigned to this program and relevant experience. (2) Are safety meetings held? Yes No If yes, how often? 19. List name(s) and title(s) of person(s) responsible for your driver personnel program in space provided below. 20. Do you have a system of communicaton in place to relay changes in route information (e.g., a child will not need transportation due to sickness or no one is present at the home to receive child)? Yes No If yes, describe in space provided below. 20 08/30/96 4:16 PM HS Transpo RFP 001 20. Provide the address of your garage, maintenance, and/or service facilities which would be used in the performance of the services outlined in this RFP. Also describe each of the facilities. (Note: County reserves the right to inspect such facilities prior to award of a contract.) a. Provide the.name(s), title(s), and experience of the person(s) responsible for these activities. b. Is there a formal, scheduled preventative maintenance program for your vehicle fleet? Yes No (1) If yes, describe in space provided below outlining essential features-of this program. 21 08/30/96 4:16 PM HS Transpo RFP 001 C. Are regular written reports from drivers on the condition of vehicles required by you? Yes No (1) If yes, explain in space provided below and attach a sample report form, if any, to this questionnaire. d. Are records and evaluations of road failures maintained? Yes No If yes, describe reporting and evaluation procedure for road failures in space provided below. e. What qualifications and experience requirements do you have for mechanical personnel? Describe in space provided below. 21. Is there an established continuing safety program? Yes No a. If yes, provide the following information: (1) Name(s), title(s), and experience of person(s) responsible for this program. 22 08/30/96 4:16 PM HS Transpo RFP 001 (2) Outline of the essential features of the safety program. (3) Description of any established safety activities in which you or your key personnel participates. 22. If.you are offered a contract, will you request and authorize your insurance carrier(s) of the past three years to furnish in writing your auto liability accident loss ratio? Yes No 23. In the following space, provide the names, addresses, and phone numbers of at least two references for whom this bidder has provided, or is providing, transportation services. Name Telephone# Address City/State ZIP Name Telephone# Address City/State ZIP 23 08/30/96 4:16 PM HS Transpo RFP 001 Bidder specifies that all answers provided to this "Section C, RFP No. 001, Form 3, Questionnaire", including any required attachments incorporated herein by reference, are complete and accurate. Bidder also agrees to provide County with any other information County deems necessary for an accurate determination of bidder's qualifications to perform proposed services. OFFICERS OR AUTHORIZED REPRESENTATIVES (two signatures required): Signature Title Print Name Date Signature Title Print Name Date (A copy of this form must accompany the proposal package when submitted. Only one copy of original signatures is required.) 24 08/30/96 4:16 PM HS Transpo RFP 001 SECTION C RFP No. 001 FORM 4 Fiscal Component The information provided herein will be used for evaluating the fiscal ability and qualifications of the bidder to execute satisfactorily the terms of a contract offered to provide Head Start transportation services. The questions must be completed accurately and completely and submitted with the bid. Any errors, omissions, or misrepresentation of information regarding bidder's fiscal background may be grounds for cancellation of any subsequent agreement executed as a result of proposal provided herewith. 1. Who administers your fiscal system? Name Telephone# Title Work Schedule 2. Does a CPA firm prepare an annual audit for you? Yes No a. If yes, what CPA firm prepares your annual audit? Name Telephone# Address City/State ZIP 3. Provide answers to the following financial summary of information. a. Names and addresses of any banks where you regularly do business. 25 08/30/96 4:16 PM HS Transpo RFP 001 b. Names and addresses of any banks, finance companies, dealers, suppliers, or other where you have notes or contracts payable. c. In the following space, provide names, addresses, and phone numbers of two references in the area of financial/administrative management. Name Telephone# Address City/State ZIP Name Telephone# Address City/State ZIP 4. Does bidder have commitments, or potential commitments, that may impact assets, lines of credit, or otherwise affect your ability to fulfill the services outlined in this RFP? Yes No a. If yes, briefly explain in space provided below. Bidder specifies that all above answers provided to this "Section C, RFP No. 001, Form 4, Fiscal Component", including required attachments incorporated herein by reference, are complete and accurate. Bidder also agrees to provide County with any other information, including but not limited to financial statements and tax returns for the last five (5) years, County deems necessary for an accurate determination of Bidder's qualifications to perform proposed services. OFFICERS OR AUTHORIZED REPRESENTATIVES (two signatures required): Signature Title Print Name Date Signature Title Print Name Date (A copy of this form must accompany the proposal package when submitted. Only one copy of original signatures is required.) 26 08/30/96 4:16 PM HS Transpo RFP 001 SECTION C RFP No. 001 FORM 5 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Bidder certifies to the best of its knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in;this transaction by any Federal department or agency. Where the bidder, is unable to certify any of the above, such prospective participant shall attach an explanation to this RFP. OFFICERS OR AUTHORIZED REPRESENTATIVES (two signatures required): Signature Title Print Name Date Signature Title . Print Name Date (A copy of this form must accompany the proposal package when submitted. Only one copy of original signatures is required.) 27 08/30/96 4:16 PM HS Transpo RFP 001 SECTION D PROPOSAL REVIEW AND SELECTION All submitted proposals that are in compliance with the RFP requirements will be eligible for review and selection. Proposals will be evaluated in two distinct areas: 1. Service proposal and bidder's implementation capability and 2. Fiscal proposal and bidder's fiscal management capability. Program Selection Methodology: 1. Community Services Department administrative staff will conduct technical evaluations of proposals received and will review each proposal's adherence to all specifications, including: • Proposal Cover Statement. 0 Proposal Narrative 0 Agency Information (including required attachments). • Budget Information. • Other fiscal information (including required attachments). 2. An evaluation team will be formed to evaluate proposals that are determined to adhere to RFP requirements. Each member of this team must sign a statement attesting that he/she does not have a conflict of interest. The evaluation team will receive complete copies of all proposals to be scored and will independently evaluate all service and budget elements. 3. Elements are weighted and each reviewer will score each element on a predetermined scale. (See the following "Proposal Evaluation and Selection Form.") Proposals will then be ranked by combined scores. 4. The County reserves the right to make on-site visits and/or utilize other information concerning'a bidder that may come to its attention. 5. After the evaluation team makes its recommendation to the Head Start Policy Council, the Community Services Department Director, and the ACF, bidders will be notified of the decision in writing and a recommendation will be made to the County Board of Supervisors. Award of a contract by the Board of Supervisors will constitute acceptance of a proposal. 6. Only bidders who submitted a proposal in accordance with, this RFP may appeal the RFP process. Any appeal must be submitted in writing to the address shown on.the RFP face sheet, postmarked within five (5) working days after the Board of Supervisors award decision and will be handled in accordance with the Community Services Department RFP 28 08/30/96 4:16 PM HS Transpo RFP 001 Appeal Process as outlined by the calendar provided on page 6 of this RFP. Notification of the final County decision on the appeal shall be made in writing to the appellant. 7. The successful bidder will be required to begin contract negotiations immediately with the County. These negotiations may result in mutually agreed upon changes in plans or activities identified in the proposal. As a result of these negotiations, the actual contract may also include other agreements and clarifications consistent with the intent of this RFP. 8. Services will begin upon the execution of a contract and according to a mutually agreed upon start-up schedule. The County is not liable for any cost incurred by the contractor prior to the effective date of any contract. The selected contractor will be required to assume responsibility for all services offered in its proposal. 9. Any contract awarded under this RFP is awarded subject to pending or perfected appeal processes. The contract is subject to cancellation or modification by County in accordance with the outcome of such appeal(s). 10. The Community Services Department will actively oversee service implementation and delivery and conduct periodic contract monitoring. The contracting agency must comply with the Community Services Department's monitoring and evaluation procedures. Any violation of the stated contract requirements will constitute grounds for termination of the contract. 29 08/30/96 4:16 PM HS Transpo RFP 001 SECTION E i COUNTY MONITORING AND EVALUATION OF CONTRACT SERVICES The County will actively monitor the provision of services provided under contract. At minimum, contractors will be expected to: 1. Agree to meet all Federal, State, and County requirements for operation of transportation services within the Head Start Program. . 2. Complete any required Federal, State, and County data collection forms as supplied by the County. 3. Maintain adequate records of service provision to document compliance with the contract's Service Plan. . 4. Maintain adequate fiscal records and document all expenditures of Federal funds in accordance with applicable Federal regulations. 5. Cooperate with the collection and submission of fiscal/administrative/service data as requested on a periodic basis by County, including but not limited to the submission of quarterly reports for the purpose of monitoring compliance with federal requirements. 1 30 08/30/96 4:16 PM HS Transpo RFP 001 L j SECTION F CONTRA COSTA COUNTY CONTRACT POLICY Contract Policy Should applicant's proposal be selected for funding, applicant agency must be able to comply with the following requirements: A. Before any funds are issued under any contract, funded agency shall submit to County a copy of the reports generated in connection with the most recent audit of its financial systems. These reports shall be in a form which complies with OMB Circular A-128 or A-133. B. Insurance. Prior to contract execution and commencement of program performance, County shall receive from funded agency's insurer a certificate of insurance, and applicable endorsements, issued by the funded agency's carrier, indicating all of the coverage outlined in Paragraph 25. (Insurance) of Appendix B. County is very exact with regard to the insurance requirements. If an agency's insurance is not in place prior to the start of the program, the agency will not be allowed to begin operation. If an agency's insurance expires during the course of the program and new certificates/endorsements are not received prior to the expiration date, payment will be suspended immediately. Performance will be suspended shortly thereafter if the agency's new insurance certificate(s) are is/are not filed with the County. C. Prohibitions. No member of the immediate family of any officer, director, executive, or employee of funded agency shall receive favorable treatment for enrollment in services provided by; or employment with, funded agency. In addition, neither funded agency nor any of funded agency's contractors shall hire, or cause or allow to be hired, a person into an administrative capacity, staff position or on-the-job training position funded through the award of any grant, if a member of that person's immediate family is employed in an administrative capacity for County, funded agency, or any employment contractor of funded agency. However, where applicable Federal, State, or local statute regarding nepotism exists that is more restrictive than this provision, funded agency and funded agency's contractors shall follow the Federal, State, or local statute in lieu of this provision. 31 08/30/96 4:16 PM HS Transpo RFP 001 t 1. The term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in- law, father-in-law, mother-in-law, grandfather, grandmother, aunt, uncle, niece, nephew, step-parent, and step-child. 2. The term "administrative capacity" refers to the positions involving overall administrative responsibility for a program, including members of the governing board or board of directors, or where that individual would be the supervisor of an individual paid with funds provided through the award of any grant or performing duties under the grant award. 3. The term "staff position" refers to all staff positions providing services through the award of any grant. D. Contract Format. Upon acceptance of a proposal and award of a contract by the County Board of Supervisors, the successful bidder will enter into a standard County contract that specifies the following: 1. Parties to the Contract 2. Effective Dates 3. Legal Authority 4. Signatories to the Contract 5. Service Specifications and Provisions for Reporting, Monitoring, and Evaluation 6. Fiscal Provisions a) Method of Payment to Contractor. Either a fee-for-services contract or a cost reimbursement contract may be negotiated with bidder,at County's option. b) Program Budget. Segregated into per and operating costs, indirect costs, and revenue (if any) to allow determination of reasonableness and allocability of line items. c) Provisions for Audit. 7. Special Conditions and General Conditions. Contractor must comply with the Special Conditions (Appendix B) required to provide Head Start transportation services and the standard County contract General Conditions (Appendix Q. Note that insurance and bond specified in Paragraph 19. of the General Conditions and Paragraph 2. of the Special Conditions must be procured prior to contract effective date. (No contractor may be reimbursed for service until insurance conditions are met.) 32 08/30/96 4:16 PM HS Transpo RFP 001 APPENDIX A SITE LOCATIONS AND STUDENT ADDRESSES Service Specifications. The service area under this RFP includes east and west Contra Costa County. The total and exact number of children with their respective addresses can not be determined until each Head Start program year begins. Bidders should note that the number of students to be transported may fluctuate. However, bidders should base their proposals upon the following information detail that reflects anticipated transportation conditions for the 1996- 97 Head Start program year: THIS IS FOR ILLUSTRATION ONLY. EAST CONTRA COSTA COUNTY Head Start Center (where children are dropped-off and picked-up): Gehringer Highway 4 and Bolton Road Oakley AM Schedule: PM Schedule: Transport to center by 8:00 AM Transport to center by 1:00 PM Pick-up at center by 11:30 AM Pick-up at center by 4:30 PM Individual Addresses (where children are Individual Addresses (where children are picked-up and dropped-off): picked-up and dropped-off): 180 Sunrise Drive,-Brentwood 220 Sunrise Drive, Brentwood 5621 Main Street, Oakley 820 Sunrise Drive, #2, Brentwood 3581 Alcott Circle, Bethel Island 220 Sunrise Drive, #4, Brentwood 304 Cashew Drive, Oakley 3405 Wells Road, Bethel Island 5240 Neroly Road, Oakley West Sellars and Knightsen Road, Oakley 50 Broadway Street, Bethel Island 163 Meadow Brook Court, Oakley 1971 Taylor Road, Bethel Island 33 08/30/96 4:16 PM HS Transpo RFP 001 Head Start Center (where children are dropped-off and picked-up): Los Nogales 321 Orchard Drive Brentwood AM Schedule: PM Schedule: Transport to center by 8:00 AM Transport to center by 1:00 PM Pick-up at center by 11:30 AM Pick-up at center by 4:30 PM Individual Addresses (where children are Individual Addresses (where children are picked-up and dropped-off): picked-up and dropped-off): 457 1st Street, Brentwood 250 Grovewood, Brentwood 2530 Sand Creek, Brentwood 525 1st Street, #A, Brentwood 1249 Duffy Way, Brentwood 707 Pippo, Brentwood 760 Dainty Street, Brentwood 2900 Camino Diablo, Brentwood 3700 Sta. Maria Brentwood 511 2nd Street, Brentwood 761 Jakes Lane, Brentwood 633 Anderson, Brentwood 3100 Sta. Maria, Brentwood WEST CONTRA COSTA COUNTY Head Start Center (where children are dropped-off and picked-up): Silver 55 Silver Richmond AM Schedule: PM Schedule: Transport to center by 8:00 AM Transport to center by 1:00 PM Pick-up at center by 11:30 AM Pick-up at center by 4:30 PM Individual Addresses (where children are Individual Addresses (where children are picked-up and dropped-off): picked-up and dropped-off): 917 Triangle Court, Richmond 2113 Pine Street, San Pablo 621 Lucas Avenue, Richmond 1625 1st Street, Richmond 1819 Lincoln Avenue, Richmond 120 1st Street, Richmond 433-B 8th Street, Richmond 2747 15th Street, San Pablo 657 19th Street, Richmond 724 Acacia Avenue, Richmond 1600 Costa Avenue, #11, Richmond 1301 York Street, Richmond 34 08/30/96 4:16 PM HS Transpo RFP 001 Head Start Center (where children are dropped-off and picked-up): Brookside 847-B Brookside Drive Richmond AM Schedule: PM Schedule: Transport to center by 8:00 AM Transport to center by 1:00 PM Pick-up at center by 11:30 AM Pick-up at center by 4:30 PM Individual Addresses.(where children are Individual Addresses (where children are picked-up and dropped-off): picked-up and dropped-off): 2633 Braga Lane, #8, San Pablo 2140 Broadmore Avenue, San Pablo 750 8th Street, Richmond 124 15th Street, Richmond 628 15th Street, Richmond (2 children) 1349 21st Street, San Pablo 1841 17th Street, San Pablo 400 20th Street, Richmond 2812 18th Street, San Pablo (2 children) 1107 26th Street, Richmond 541 South 20th Street, Richmond 346 South 24th Street, Richmond 200 South 7th Street, Richmond 2126 Alfreda Boulevard, San Pablo 2003 Road 20, San Pablo 2018 Dunn Avenue, Richmond 1842 Powell Street, #4, San Pablo 120 Bissell Avenue, Richmond 407 Montalvin Drive, San Pablo 535 Harbour Way, Richmond 2412 Aberdeen Way, #1, Richmond 2031 Nevin Avenue, Richmond 1529 Dunn Avenue, Richmond 2495 Glenwood, San Pablo 1611 Roosevelt Avenue, Richmond 339 Gertrude Avenue, Richmond 2034 Lincoln Avenue, Richmond 2417 University Avenue, San Pablo 2549 Rheem Avenue, Richmond 2140 Stone Avenue, #11, San Pablo 58 West Nevin Avenue, Richmond 2339 McBryde Avenue, Richmond 2820 Wiswall, Richmond 14121 San Pablo Avenue, #16, San Pablo 2213 Hellling Avenue, Richmond 517 Harbour Way, Richmond 35 08/30/96 4:16 PM HS Transpo RFP 001 Head Start Center (where children are dropped-off and picked-up): Balboa South 57th and Madison El Cerrito AM Schedule: PM Schedule: Transport to center by 8:00 AM Transport to center by 1:00 PM Pick-up at center by 11:30 AM Pick-up at center by 4:30 PM Individual Addresses (where children are Individual Addresses (where children are picked-up and dropped-off): picked-up and dropped-off): 2542 Hinkley Avenue, Richmond 1922 Hill Avenue, Richmond 2559 Hinkley Avenue, Richmond 748 26th Street, Richmond 2630 Hinkley Avenue,,Richmond 3223 Ohio Avenue, Richmond 645 19th Street, Richmond 5101 Cypress Avenue,Richmond 539 20th Street, Richmond 4620 Potrero Avenue, #22, Richmond 620 22nd Street, Richmond 405A 11th Street, Richmond 631 South 26th Street, Richmond 540 South 28th Street, Richmond 745 South 40th Street, Richmond 251 South 47th Street, Richmond 2727 Florida Avenue, Richmond 3100 Florida Avenue, Richmond 4410 Florida Avenue, Richmond 45 West Macdonald Avenue, Richmond 807 Bissell Avenue, Richmond 685 Berk Avenue, #1, Richmond 2712 McBryde Avenue, Richmond 1186 Ellis Street, Richmond 36 08/30/96 4:16 PM HS Transpo RFP 001 Head Start Center (where children are dropped-off and picked-up): Las Deltas 135 West Grove Richmond AM Schedule: PM Schedule: Transport to center by 8:00 AM None Pick-up at center by 11:30 AM Individual Addresses (where children are picked-up and dropped-off): 342 West Chanslor, Richmond 982 Triangle Court, Richmond 37 08/30/96 4:16 PM HS Transpo RFP 001 APPENDIX B SPECIAL CONDITIONS 1. Records Maintenance. In addition to General Conditions Paragraph 3. (Records), Contractor shall comply with the following records maintenance requirements: Records retained by Contractor shall identify individual property recipients; services provided to individuals; expenditures according to federal and local share; income to the Project from whatever source; property owned, leased, or borrowed by the Contractor; and all required vehicle maintenance and operating logs. Records shall reflect the authority for purposes of expenditures. Upon request, Contractor shall make these records, including any client case records; available to authorized representatives of the County, the State of California, and the United States Government. . 2. Insurance. Paragraph 19. (Insurance) is hereby deleted and replaced with the following: 19. Insurance. Insurance afforded under the Contractor's policy is primary and any insurance maintained by County shall apply, if required by law, in excess of, and not contributory with, insurance required under this terms of this contract. Contractor shall maintain in force at all times during the performance of this contract the policies of insurance hereinafter described. a. Liability Insurance. Contractor shall secure and maintain in force during the term of this contract a comprehensive general liability and automobile policy utilizing an occurrence policy form, with single combined single limits of ten million dollars ($10,000,000) or one million dollars ($1,000,000) per person, twenty million dollars ($20,000,000) per accident with no annual aggregate limit. Property damage limits shall be ten million dollars ($10;000,000) per loss. The County of Contra Costa shall be named as an additional insured on the policies by endorsements that shall be attached to the contract as proof of insurance. Written notification by the carrier to the County at least ninety (90) days prior to cancellation, failure to renew, or other termination, is required: b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. s � . d. Honest Blanket Bond. During the entire term of this contract, and any extension or modification thereof, Contractor shall keep in effect a blanket bond covering losses sustained by the Contractor through any fraudulent or dishonest act or acts committed by any of its employees acting alone or in collusion with others during the bond period, to an amount equal to approximately one month's cash handled by the Agency for all U.S. Department of Health and Human Services programs accounts or in a different amount as may be mutually agreed upon in writing by the Contractor and the Director of the Community Services Department." 3. Covenant Against Contingent Fees. Contractor warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty the County shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract or otherwise recover the full amount of such commission, percentage, or contingent fee, or to seek such other remedies as legally may be available. 4. Contractor Responsibility. Contractor agrees and understands that Contractor shall be fully responsible for the acts and omissions of his subcontractors and of persons either directly employed by Contractor or of volunteers under the direction, control, or supervision of Contractor. 5. Employee and Contractor Status. Notwithstanding General Conditions Paragraph 14. (Independent Contractor Status), the parties hereto agree and understand that neither Contractor nor any of its employees shall, under the terms and conditions of this contract, be considered an employee of County for an purpose whatsoever, nor shall Contractor for its employees be entitled to any of the rights, privileges, or benefits of County employees. Contractor shall be deemed at all times an independent Contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms and conditions of this contract. Contractor assumes exclusively the responsibility for the acts of its employees as they relate.to the service to be provided during the course and scope of their employment with Contractor. 6. Additional Conditions. Contractor agrees and understands that the U.S. Department of Health and Human Services; Office of Human Development Services (HDS) Administration for Children and Families (ACF) -- Project Head Start Terms and Conditions, a copy of which is contained in Head Start Contract Reference Binder(Tab 6) and which by this reference is incorporated herein and made a part hereof as if fully set forth, are deemed to be Special Conditions of this contract. Contractor agrees to abide by and comply with all DHHS/HDS/ACF Project Head Start Terms and Conditions. 7. Special Compliance with Law. Subject to Paragraph 1. (Compliance with Law) of the General Conditions, Contractor agrees to be subject to, abide by, and comply with all federal, state, and local laws, statutes, ordinances, rules and regulations applicable with respect to its performance hereunder, including but not limited to community care licensing; zoning and land use; employment and purchasing practices; wages, hours, and conditions of employment; and reporting and recording keeping procedures. Contractor further agrees that should Contractor fail to abide by any and all applicable federal, state, and local laws, statutes, 39 08/30/96 4:16 PM HS Transpo RFP 001 ordinances, rules, and regulations, that sufficient grounds exist for County to terminate this contract. 8. Refund Upon Lack of Compliance. Contractor agrees and understands that all payments made by County under this contract, and all funds provided by County under this contract, are dependent and contingent upon Contractor abiding by and complyingwith all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable with respect to Contractor's performance hereunder. Contractor therefore agrees that if it is subsequently determined that said funds were not expended in compliance with the federal, state, and local laws, statutes, ordinances, rules, and regulations applicable with respect to Contractor's performance hereunder, then Contractor will refund to County such funds which were improperly expended. 9. Non-Renewal. Notwithstanding Paragraph 22 of the General Conditions, Contractor's right to appeal will be maintained in accordance with the provision outlined in Title 45; Code of Federal Regulations, 1303. 10. Corrective Action Notices. Contractor agrees to perform in a competent an timely manner all of its obligations under this contract. a. In the event that Contractor fails to perform properly any of the obligations required in this contract by the timeliness prescribed, the.County will send to the Contractor a Corrective Action Notice by certified mail. The Corrective Action Notice will list the contract areas of non-compliance,-the corrective action required of the Contractor by the County to resolve the non-compliance items noted, and a deadline by which the non-compliance items shall be resolved. b. No later than ten (10) working days after receipt of the Corrective Action Notice, Contractor shall submit to County a written corrective action plan, which shall respond to each of the items of non-compliance identified in the Corrective Action Notice, and which shall state whether or not the items of non-compliance have been resolved by the Contractor. C. Failure by the Contractor to resolve those items noted in the Corrective Action Notice by the deadline specified will result in the following: 1) the generation of another Corrective Action Notice, 2) the immediate referral of the matter to the Head Start Policy Council for consideration of disciplinary action, and 3) the Community Services Department Executive Director and Board of Supervisors shall be notified of this action. d. In the event that Contractor receives a total of three (3) Corrective Action Notices in one contract year, Contractor will be placed on a probationary status for the remainder of the contract year. If County places Contractor on probationary status, County will immediately request that the Head Start Policy Council review the circumstances surrounding Contractor's placement on probationary status and consider the imposition of disciplinary action, which may include termination or non-renewal of contract. 40 08/30/96 4:16 PM HS Transpo RFP 001 13. Certification Regarding a Drug-Free Workplace. Contractor certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture,, distribution, dispensing, possession or use of a controlled substance is prohibited in' the Contractor's workplace and specifying actions that will be taken against employees for violation of such prohibition. b. Establishing a drug-fee awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) Penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee.to be engaged in the performance of this contract be given a copy of the statement required by subparagraph a. above. d. Notifying the employee in the statement required by subparagraph a. that, as a condition of employment under this contract, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. e. Notifying County within ten(10) days after receiving notice under subparagraph d.(2), from an employee or otherwise receiving actual notice of such conviction. f. Taking one of the following actions, within thirty (30) days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraph a., b., c., d., e., and f. 14. Head Start Regulations Regarding Smoking. Contractor shall comply with Head Start regulations regarding smoking and maintaining a smoke-free environment. 15. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion . Contractor certifies to the best of its knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the 41 08/30/96 4:16 PM HS Transpo RFP 001 Contractor is unable to certify to any of the above; such prospective participant shall attach an explanation to this signed contract. Contractor further agrees that it will include this clause entitled "Certification Regarding Debasement, Suspension, Ineligibility, and Voluntary Exclusion - Transactions," without modification in all contractor transactions and in all solicitations for Contractor covered by transactions. 16. Certification for Contracts, Grants, Loans, and Cooperative Agreements . Contractor certifies to the best of its knowledge and belief, that: a. No federally appropriated funds have been paid by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any loan, the entering into of a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. C. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than-$10,000 and not more than $100,000 for each failure. 17. Termination of Program. If Contractor ceases to operate Head Start transportation services under this contract, Contractor agrees to return within thirty (30) days after the termination of this contract all equipment and supplies purchased with Head Start funds and all records pertaining to this service. . 18. Ralph A Brown Act. Contractor must comply with the Ralph M. Brown Open Meeting Act ("Brown Act"), Government Code Sections 54950-54961. 19. Hatch Act. Contractor must comply with the Hatch Act, United States Code Sections 1501- 1508. 42 08/30/96 4:16 PM HS Transpo RFP 001 1V 20. Civil Rights.'Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, and Title VIII of the Civil Rights Act of 1968, as amended. 21. Clean Air Act, Clean Water Act, and Environmental Protection Agency Regulations . Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 22. Energy Policy and Conservation Act. Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163.89 Stat. 871). 23. Prohibitions Regarding Nepotism. No member of the immediate family of any officer, director, executive, or employee of funded agency shall receive favorable treatment for enrollment in services provided by, or employment with, funded agency. In addition, neither funded agency nor any of funded agency's contractors shall hire, or cause or allow to be hired, a person into an administrative capacity, staff position or on-the-job training position funded through the award of any grant, if a member of that person's immediate family is employed in an administrative capacity for County, funded agency, or any employment contractor of funded agency. However, where applicable Federal, State, or local statute regarding nepotism exists which is more restrictive than this provision, funded agency and funded agency's contractors shall follow the Federal, State, or local statute in lieu of this provision. a. The term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in- law, father-in-law, mother-in-law, grandfather, grandmother, aunt, uncle, niece, nephew, step-parent, and step-child. b. The term "administrative capacity" refers to the positions involving ov erall administrative responsibility for a program, including members of the Governing Board or Board of Directors, or where that individual would be the supervisor of an individual paid with funds provided through the award of any grant or performing duties under the grant award. C. The term "staff position" refers to all staff positions providing services through the award of any grant. 24. Provision for Federally-Funded Contract. a. It is mutually understood between the Parties that this Contract may have been written before ascertaining the availability of Congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if this Contract were executed after that determination was made. b. This Contract is valid and enforceable only if sufficient funds are made available to the County by the United States Government for the purposes of this Contract. In addition, this Contract is subject to any additional restrictions, limitations, or conditions enacted 43 08/30/96 4:16 PM HS Transpo RFP 001 by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of this Contract in any manner. C. It is mutually agreed that if the Congress does not appropriate sufficient funds for this program; this Contract shall be amended to reflect such reduction. d. The County has the option to void this Contract under the thirty-day cancellation clause set forth in Paragraph 5. (Termination) of General Conditions or to amend this Contract to reflect any reduction of funds. 44 08/30/96 4:16 PM HS Transpo RFP 001 APPENDIX C GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records -pertaining to this Contract are subject to monitoring, inspection review and audit by authorized representatives of the County, the State of California, and the United 'States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final,Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access toBooksand Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 45 08/30/96 4:16 PM HS Transpo RFP 001 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be canceled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any. sum due the Contractor.under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any. sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made-or his designee. 8. Modifications and Amendments. a. General Amendments. : This Contract may be modified or amended by a written document executed by the Contractor and the Contra .Costa County Board of Supervisors or, after Board.approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any 46 08/30/96 4:16 PM HS Transpo RFP 001 required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this"Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California: b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for,any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership,joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the positionafforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations 47 08/30/96 4:16 PM HS Transpo RFP 001 respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall.be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages,,sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or.indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse, the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensiveliability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to'include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. 48 08/30/96 4:16 PM HS Transpo RFP 001 4 b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primate of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax; and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written 49 08/30/96 4:16 PM HS Transpo RFP 001 r consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to = authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial-product, even if Contractor is not publicly endorsing a product, as long as the Contractor's, presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A-133. If Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal year from any source, Contractor shall arrange for the federally-required audit annually and shall submit the audit to the County in the time, form, and manner required by the most current version of Office of Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever, is larger, or the final payment, from Contractor until County receives the audit from Contractor. 50 08/30/96 4:16 PM HS Transpo RFP 001 � t• R Bidder's Checklist: One (1) original and eight (8) copies of proposal package. Form 1: Proposal Cover Sheet. Table of Contents. Two-page Executive Summary Form 2: Cost Summary. Form 3: Questionnaire. If a corporation, list of officers and positions, and state in which incorporated. If a partnership, general partners' names and addresses. Copy of permits and licenses (City or State) under which bidder operates. List of current, key contracts and/or subcontracts, including those with government (local, state, or federal). If applicable, how necessary equipment will be acquired and provide a timeline for acquisition of said equipment If applicable, list of persons employed in an advisory capacity (i.e., Board of Directors) and brief resume of their experience. If applicable, any hiring policies and procedures to follow this questionnaire. If applicable, sample form for regular written reports from drivers on the condition of vehicles. Form 4: Fiscal Component. Form 5: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (or explanation of inability to certify). (Note: The above checklist is provided for the convenience of the bidder and in no way releases the bidder from responsibility to submit a complete bid proposal package.) 51 08/30/96 4:16 PM HS Transpo RFP 001