PHASD Transporation Services 2.12.2024.pdf

Port Huron Area School District Port Huron, Michigan

REQUEST FOR PROPOSALS (“RFP”)

TRANSPORTATION SERVICE

February 12, 2024

I. SUBMISSION DEADLINE AND PROPOSAL REQUIREMENTS

The date and time for receipt of Proposals is:

February 29, 2024 at 3 p.m.

1.1 Proposal. An email containing your Proposal, and any other supporting data to be submitted therewith in PDF form, must be addressed to and timely received by Kate Peternel, Chief Financial Officer at kpeternel@phasd.us. The email’s subject line must read “Transportation Services RFP Submission.” The submission email shall also include the name of the Proposer, the name of the contact person, and that person’s email address.

1.2 Late Proposals. Each Proposer is responsible for submission of its Proposal.

Proposals or revisions to Proposals received after the date and time specified above may be rejected for consideration by the School District. The School District is not liable for any delays, delivery failures, or technological glitches.

1.3 Signed Proposal. Each Proposal must be signed by an authorized member of the Proposer’s firm. Digital signatures will be accepted. Only emailed Proposals will be accepted, unless otherwise agreed to in writing by the School District.

1.4 Opening of Proposals. The Proposals will be opened at the date and time stated above, by the Superintendent of Schools and/or such other administrator authorized by the Board of Education. No immediate decision will be rendered. Proposals will not be open to the public, nor disclosed to unauthorized persons before award of the Contract. However, after award of Contract, all Proposals shall be open to public inspection, subject to any continuing disclosure prohibition under Michigan law.

1.5 RFP Clarifications and Addenda.

1.5.1 Intent to Respond. Each Proposer who intends to submit a Proposal in response to this RFP may submit, via email, an “Intent to Respond” to Kate Peternel at kpeternel@phasd.us with the subject line “Transportation RFP Intent to Respond.” The Intent to Respond shall include the name of the Proposer, the name of the contact person, and that person’s email address. The School District intends to communicate with Proposers via email, including with respect to RFP clarifications and addenda. Those Proposers who fail to properly provide an Intent to Respond are not precluded from bidding; however, they will not receive responses to requests for clarification, addenda or other relevant information, and they shall be solely responsible for obtaining any such information in an alternative manner.

1.5.2 Requests for Clarification. Proposers must examine this RFP and otherwise satisfy themselves as to the scope of the RFP and their respective responses. After submission of Proposals, the School District will not entertain any complaint or claim that the terms of the RFP were misunderstood. Proposers may request clarification of information within the RFP. All such requests should be made in writing to Kate Peternel at the email address given above and with the subject line “Transportation RFP Request for Clarification.”

A written response to all written requests for clarification will be made and distributed to

Proposers who submitted an Intent to Respond via addenda. No requests for clarification will be accepted after the close of business six (6) days before the deadline for submission of proposals. The responses to any requests for clarification will be provided to all Proposers who filed an Intent to Respond or are otherwise on record with the School District as having received an RFP.

1.5.3 Addenda. If it becomes necessary to revise any part of the RFP, by addition, deletion, clarification, or correction, notice of the revision will be emailed to those providing an Intent to Respond and otherwise available to all Proposers upon an appropriate request. The School District, may, but is not required to, deliver addenda by regular mail or other method. All addenda shall become a part of the RFP. No addenda shall be issued after the close of business of business one (1) day before the deadline for submission of proposals.

Each Proposer bears responsibility for confirming before submitting a Proposal that s/he has received all issued addenda. To avoid miscommunication, each Proposer should acknowledge all addenda which it has received, but the failure of a Proposer to receive or acknowledge receipt of any addendum will not relieve the Proposer of the responsibility for complying with the terms thereof.

1.5.4 Availability. Copies of this RFP and any associated addenda may be obtained from the Port Huron Area School District’s website:

https://www.phasd.us/page/business-services prior to the time and date specified above for the submission of Proposals.

1.6 RFP/Proposal Information Controlling. Each Proposer shall prepare its

Proposal based only on the information contained in this RFP, notwithstanding any information that may have been previously provided to, or alternately obtained by, a Proposer. A Proposer noting any inconsistency between the information contained in this RFP and any information previously or alternately obtained should submit a request for clarification. No information communicated verbally or in writing to or from a Proposer shall be effective unless confirmed in writing in this RFP, an addendum to this RFP, a request for clarification response, or other written response.

1.7 Reservation of Rights. It is the intent of the School District to award any

Contract in due course after a reasonable period of time to evaluate Proposals in light of the RFP requirements. The School District reserves the right to waive any irregularity in the RFP process or any Proposal, and the right to award the Contract to other than the Proposer(s) submitting the lowest bid. The School District reserves the right to request additional information from any or all Proposers, including an oral interview to discuss, clarify, and answer any questions regarding the Proposal. The School District reserves the right, in its sole discretion (for this provision and for all other provisions contained in this RFP), to accept or reject, in whole or in part, any or all Proposals with or without cause. Grounds for rejection of Proposals may include, but are not limited to:

● Failure of Proposal to conform to RFP requirements;

● Submission of a Proposal imposing conditions which would modify the terms and conditions of the RFP or limit the Proposer’s liability to the School District on any awarded contract;

● Submission of a Proposal determined by the School District to be unreasonable in price;

● The Proposer is determined by the School District not to be a responsible Proposer;

or

● Any other reason deemed relevant by the School District

1.8 Release of Claims. Each Proposer submitting its Proposal releases the School

District from any and all claims arising out of, and related to, the RFP process and the selection of a contractor.

1.9 Proposer Bears Costs of Proposal. A Proposer is responsible for any and all costs it incurs (or that are incurred by others on its behalf) in preparing or submitting a Proposal, in otherwise responding to this RFP, or in any negotiations incidental to its Proposal or this RFP (as permitted by law). Also, if selected, any start-up costs are included in the bid amount.

1.10 Modification or Withdrawal of Proposals.

1.10.1 Proposals submitted early may be modified or withdrawn prior to the submission deadline. Any modified or resubmitted Proposal shall be submitted in the same fashion as required by this RFP and shall be worded so as not to reveal the amount of the original Proposal sum.

1.10.2 Proposals submitted and not timely modified or withdrawn shall be irrevocable for a minimum period of ninety (90) calendar days following the submission deadline.

1.11 Collusive Bidding and Relationship Disclosure.

1.11.1 The Proposer certifies that its Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action.

1.11.2 The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached hereto as Attachment A.

1.11.3 The Proposer shall submit an Iran Economic Sanctions Act Certification in substantially the form attached hereto as Attachment B.

1.12 Pre-Bid Meeting.

1.12.1 The School District intends to conduct a pre-bid meeting on the date identified in Section 2.1, below. The Proposer is required to attend the meeting. The Proposer may ask questions about the transportation facility, fuel, equipment and the RFP during such meeting, answers to which may be given immediately or at a later date in accordance with the process described above. If a Proposer does not attend any such pre-bid meeting, it shall provide along with its proposal an explanation why the School District should be confident that Proposer understands the scope of work to be provided pursuant to this RFP.

1.12.2 The School District reserves the right to reject the proposal of any Proposer failing to attend the meeting.

II. SELECTION TIMELINE, CRITERIA, AND EVALUATION

2.1 The RFP shall be released and considered on the following schedule:

With the exception of the deadline for Proposal submissions, the School District reserves the right, in its sole discretion, to change or eliminate any or all portions of the above-identified selection timeline as it determines to be in its best interest, with or without notice to Proposers.

The School District may change the deadline for submissions with notice.

2.2 Proposal Information. Proposals must demonstrate an understanding of the scope of work and the ability to accomplish the tasks set forth herein and must include information that will enable the School District to determine the Proposer’s overall qualifications. Each Proposal shall include the information identified below and any other information required by this RFP but may also include any other information that the Proposer feels is significant with respect to the School District making an informed decision relative to the Proposal.

2.2.1 The signed bid document as required by Section 1.3.

2.2.2 The Proposal shall include a cover letter, including a brief executive summary, the legal name of the Proposer and a brief statement of its history, and a statement of whether the Proposer is a sole proprietor, a partnership, corporation, or other legal entity. The cover letter shall be on company letterhead and signed by a person authorized to bind the Proposer in contract.

2.2.3 The Proposed Contract Sum shall be identified on, and in compliance with, the Proposal Form attached hereto as Attachment C.

Release of RFP February 12, 2024

Pre-Bid Walk-Through February 19, 2024

Deadline for Requests for Clarification and Addenda February 23, 2024

Proposals Due February 29, 2024 at 3 p.m.

Proposer Interviews Week of March 4, 2024

Award of Contract March 18, 2024

Commencement of Services August 1, 2024

2.2.3.1 The Proposed Contract Sum shall be identified as a total dollar amount per year, but the Proposer shall provide an adequate explanation how its costs have been computed (e.g., labor, overhead, profit), including, without limitation, a separate line item cost for leasing the District’s transportation facility.

2.2.3.2 The proposal shall also contain a separate line item for costs related to maintaining and repairing the School District’s White Fleet, as described in the footnote in Section III. Proposer shall provide the hourly rates and estimated sums for a technician and mechanics for the White Fleet. All parts shall be charged at cost and without mark-up.

2.2.3.3 Alternative pricing shall be provided for the following:

2.2.3.3.1 The additional cost of providing services for three additional one-year Terms, which may be authorized at the School District’s sole option.

2.2.3.4 Other pricing methods and alternates may be considered, but only if the Proposer is first considered responsive to the pricing requirements identified above.

2.2.4 By submitting a Proposal, each Proposer is attesting to the following: (a) Proposer has read and understands the RFP and project requirements and the Proposal is made in accordance therewith, (b) Proposer warrants that it is familiar with the local conditions (e.g., roads, weather, urban/suburban/rural areas) under which the work will be performed, and (c) Proposer’s price is based upon all required work, personnel, supplies, materials and equipment, taxes, and other costs described in the RFP and in accordance with all its terms and conditions without exception.

2.2.5 The Proposer shall submit a statement of the Proposer’s qualifications, including any evidence that it is currently providing transportation services for other K-12 school districts of similar size and scope as the School District, particularly identifying outstanding transportation contracts.

2.2.6 If applicable, the Proposer shall acknowledge in writing all addenda received and reviewed, if any, prior to submission of its Proposal.

2.2.7 The Proposal shall include general background information and qualifications of the personnel who will be involved with providing services to the School District, including a list of proposed management staff to be assigned to manage the School District’s needs, describe the chain of command and reporting relationships, and must also include an organizational chart (including where any School District liaison or representative would be placed).

2.2.8 The Proposer shall acknowledge the at-will status of the management, drivers, mechanical staff, and all of Proposer’s other staff as further described herein and as applicable.

2.2.9 The Proposer shall provide a list of its training programs as further described herein.

2.2.10 The Proposer shall describe its safety program further discussed herein.

2.2.11 The Proposer shall describe its preventative bus maintenance program.

2.2.12 The Proposer shall provide a list of experience with the Michigan State Police Motor Carrier Division inspections, including results and any corrective action taken.

2.2.13 The Proposer shall describe how it will satisfy the communication equipment requirements further addressed herein.

2.2.14 The Proposer shall describe in detail any public school experience with respect to the conversion of transportation services from one contracted service provider to another, as well as a transition plan for the School District. The School District requests that the Proposer consider employing the bus drivers and clerical staff currently providing transportation services to the School District. The proposal shall address how the Proposer will incorporate current drivers and their rate of compensation. The Proposer shall further describe how they will assist the School District in this regard and its customer relations philosophy with respect to the same.

2.2.15 The Proposer shall provide a list of at least three (3) references, including contact names, addresses, phone numbers, length of time in service, and the name of any entities who have contracted with Proposer to receive transportation services, including the type and scope of services provided and whether the Proposer assisted in converting from a one contracted service transportation program to another contracted service transportation program.

2.2.16 The Proposer shall describe its experience with providing routing management services, including identifying the experience of any applicable staff. The description should include all facets of routing and boundary planning and should discuss any experience the Proposer has with using computer routing software programs (and, if applicable, its plan to do for the Contract). Further, Proposer should address how it will incorporate the School District’s existing routes and transportation services.

2.2.17 The Proposer shall provide evidence of its ability to furnish insurance required by this RFP and its financial stability, including an audited financial report for the three most recent fiscal years.

2.2.18 The Proposer shall acknowledge and agree to comply with all applicable federal, state, and local laws, rules, regulations, licenses, codes, ordinances and policies that apply to Michigan public schools and transportation services, particularly including the Revised School Code and the Pupil Transportation Act. Without limiting the breadth of the foregoing, the Proposer shall agree to facilitate and ensure compliance, at its cost, with the School District’s requirements for criminal history and background checks conducted or facilitated by the School District as required by the Revised School Code.

2.2.19 The Proposer shall provide a list of all litigation, arbitrations, mediation and/or regulatory proceedings for the past five years related to Proposer’s provision of transportation services, provision of maintenance services, provision of supplies, materials and equipment with respect to same, working conditions, employment practices, and mistreatment of pupils or other persons being transported. Workers’ compensation or unemployment proceedings should not be discussed pursuant to this section.

2.2.20 The Proposer shall specifically identify and explain any and all complaints or requested exceptions to its compliance with the requirements of this RFP and the form of Contract, if applicable. The failure to specifically identify and explain an exception shall be deemed an express agreement to be bound by the terms of the RFP and/or Contract.

2.2.21 The Proposer shall explain how it intends to ensure consistency of operations in the event of unexpected labor issues, work stoppages, or any other interruptions not requested by the School District.

2.3 Evaluation of Proposals. The RFP’s purpose is to consider a contractual relationship with an experienced and qualified transportation company to provide complete transportation and vehicle maintenance/mechanic services to the School District in the most efficient and cost-effective manner possible while, at the same time, maintaining the highest level of performance, safety, and reliability. Given the complexity of the School District’s transportation operations, every aspect of the operation may not be detailed in this RFP. The Proposer must document its expertise, experience, and approach based on its understanding of the School District’s requirements.

2.3.1 The School District shall have the right to take such steps as are necessary to determine the ability of the Proposer to perform the work in a prompt and efficient manner in accordance with the RFP. In determining the qualifications and responsibilities of the Proposer, the School District shall take into consideration those criteria listed in Section 2.2 and any other information the School District deems necessary.

2.3.2 The School District reserves the right, but is not obligated, to select one or more Proposers for post-Proposal investigation, discussions, and negotiations, as permitted by law, which may include a short post-proposal oral presentation to the School District. Such investigations, discussions and negotiations, if they occur, will involve only Proposers who submit Proposals falling within a competitive range, as determined by the School District. Proposals will be generally evaluated based on quality of response to this RFP, and apparent capability of Proposer in the areas of management, business stability, routing, human resources, and cost.

2.3.3 The School District reserves the right to reject any and all Proposals and to waive all informalities and/or technicalities where the best interest of the School District may be served, as permitted by law, including the right to award a Contract without further discussion or negotiation, based on the RFP’s terms.

2.4 Contract Award and Requirements.

2.4.1 The Contract will be in the form attached as Attachment E, except that the School District may elect in its sole discretion to further negotiate the terms, as permitted by law, of same with a proposer whose proposal falls within a competitive range as determined by the School District in its sole discretion.

2.4.2 The award of the Contract is contingent upon securing an acceptable proposal, as determined within the School District’s sole discretion. The Contract between the School District and Proposer shall come into existence and be binding and enforceable only upon the following conditions: (a) successful negotiation of the terms of the Contract in accordance with Section 2.4.1, if applicable, (b) execution of a Contract reduced in writing as contemplated by Section 2.4.1, and (c) authorization by the School District’s Board of Education. The Contract will not exist between a Proposer and the School District merely because a Proposer has submitted a conforming Proposal and the School District’s Board of Education has accepted the Proposer’s Proposal. The Contract shall only come into existence when the Contract between the School District and the Proposer contemplated under Section 2.4.1 is executed by both parties and approved by the School District’s Board of Education.

2.4.3 The Contract shall be for an initial five (5) year term – from August 1, 2024, to July 31, 2029 with the School District having the right to renew the Contract on the same terms, in its sole and absolute discretion, on a yearly basis, for up to three (3) additional years. In addition to the period described above, Proposers may submit a supplemental alternate for a different time frame. The Contract may be terminated upon thirty (30) days’ written notice from the School District with or without cause.

2.4.4 Insurance.

2.4.4.1 The Proposer shall insure jointly the liability of itself, the School District, and their duly authorized representatives for damage to property or injury to persons which arise as a result of the Contract and the duties of the Proposer which arise therefrom. Such insurance shall be secured from an insurance company authorized by law to transact the business of insurance in the State of Michigan. Proof of such insurance, a statement of coverage limits and a copy of the applicable policy shall be provided to the School District before the Contract’s execution.

2.4.4.2 The Proposer shall maintain insurance coverage satisfactory to the School District, including with respect to coverage limits and deductibles, and as set forth below during the Contract’s term. The Proposer shall furnish evidence thereof to the School District not less than thirty (30) calendar days before coverage is required and services are scheduled to begin under the Contract. Such evidence shall be in the form of a certificate of insurance issued to the School District and shall include a minimum of sixty (60) days’ notification to certificate holders of cancellation or change in the policy and shall be extended to include the School District as an additional insured. The proposed insurance provider(s) must be recognized to do business in Michigan.

2.4.4.3 The Proposer shall maintain such general liability insurance that will protect the Proposer from any claims for damages for personal injury, including death, and damage to property that may arise from operations under, related to, or about the Contract.

2.4.4.4 The Proposer shall maintain such workers’ compensation insurance as will protect the Proposer from claims that may arise from operations under, related to, or about the Contract.

2.4.4.5 The Proposer and all subcontractors must maintain the following types of insurance, limits of liability, and policy extensions:

Workers Compensation and Employers Liability Insurance Coverage A – Statutory Coverage B – Employer’s Liability: $ 1,000,000 Per Accident

Broad Form Comprehensive/Commercial General Liability Insurance (including – Premises, Contractual, Products & Completed Operations – Including Broad Form Extensions)

Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products & Completed Operations Aggregate $ 2,000,000 Personal Injury & Advertising Injury $ 1,000,000 Fire/Legal $ 1,000,000 Sexual Molestation $ 2,000,000

Errors and omissions liability insurance of no less than $500,000 each occurrence and $2,000,000 annual aggregate.

Comprehensive Automobile Liability Insurance with unlimited PIP selected (owned, hired, and non-owned automobiles)

Bodily: $1,000,000 each Person $1,000,000 each Occurrence $3,000,000 Annual Aggregate

Property Damage $ 1,000,000 Each Occurrence $ 3,000,000 Annual Aggregate

Umbrella liability above underlying general liability, auto liability and employer’s liability of $10,000,000.

The Proposer shall not commence work under the Contract until all insurance stated in this RFP is obtained and the School District has reviewed all associated insurance policies. Additionally, the Proposer shall provide Port Huron Area School District with a certificate of insurance evidencing the aforementioned coverage. Said certificate shall name the School District as an additional insured.

2.4.5 The Contract, and any other contract between the parties based on this RFP, shall incorporate the terms of the RFP and School District-accepted portions of the Proposer’s response thereto. The Contract will be substantially in the form of agreement attached as Attachment E, subject to: (a) the School District’s ability, in its sole and absolute discretion, to negotiate the Contract’s terms, as permitted by law, and

(b) any specific exception to the Contract’s terms as identified and explained in writing by the Proposer pursuant to Section 2.2.20 and agreed to by the School District. In the event of any inconsistency between the Contract, the RFP, and School District-accepted portions of the response, the provision that is most favorable to the School District (as determined in the School District’s sole discretion) shall govern. Any submitted Proposal is an offer to enter into a contract based upon the foregoing.

III. SCHOOL DISTRICT PROFILE AND OVERVIEW

Port Huron Area School District Information1

Schools/Buildings

Early Childhood Center 1 Elementary 9 Middle School 3 High School 2 Alternative High School 1

Students/Staff

2023/2024 Enrollment (FTE) 7,072 Students Transported Daily (2022-23) 3,043 Projected increase/decrease in future enrollment -1% to -1.5% per year

Vehicular Assets

Buses (Contractor Owned) 68 Other White Fleet (School District Owned)2 22

1 Additional information about the School District, including maps and bell schedules, is included in Attachment F.

2 School District-owned vans, trucks, and other service vehicles shall be hereinafter referred to as the “White Fleet.”

In addition to providing the maintenance and care of its own buses and vehicles, Proposer shall also be responsible

Academic Year Runs

Daily AM Runs 58 Daily Mid-Day Runs 4 Daily PM Runs 58 Other Daily Runs Transfers 9 Average Trips Per Day 5 Average hours Per Trip 4.94 Average Number of Hours Per Run 2.74 Average Miles Per Run 36.45

Number of:

Total Staff 73 Assigned Drivers 59 In-Office/Standby Substitutes 6 Schedulers/Dispatchers 2 Other Managerial Employees 2 Technician/Mechanic in Charge 1 Technician/Mechanic 3

Scheduled Days 181 Inclement Weather Days 4

Summer Session Runs

Daily AM Runs 21 Daily Mid-Day Runs 0 Daily PM Runs 21 Other Daily Runs 0 Average Number of Hours Per Run 4

Number of:

Assigned Drivers 21

Scheduled Days 15

Annual Mileage Data

General Education 760,996 miles for all maintenance on the White Fleet. The estimated costs for labor and materials shall be a part of the Proposer’s proposal.

IV. DESCRIPTION OF SERVICES

4.1 Generally.

Proposer shall, during the entire term of the Contract, furnish all management, supervision, drivers, equipment, supplies, services, buses and related vehicles (except for the School District-owned White Fleet), and necessary insurances required to provide all School District transportation services in accordance with this RFP and in accordance with the highest standard in the industry, including:

4.1.1 Safe and reliable, on-time delivery of general education, special education (if applicable), homeless students (in accordance with the McKinney-Vento Homeless Assistance Act and other applicable laws), and all other students between homes, between school buildings, transition areas and other destinations determined by the School District and in compliance with the relevant Individualized Education Program (“IEP”) or 504 Plan, if applicable, and, generally, to and from school on a daily basis within School District defined parameters. This obligation also extends to any field trips, after-school excursions, athletics, or other applicable extracurricular activities designated by the School District. Specialized transportation for the School District’s special education students is generally provided by St. Clair County RESA, but the School District reserves the right to add such special education student transportation to Proposer’s scope of services during the term of the Contract.

4.1.2 Assist the School District in the efficient routing of all regular education and other transportation needs of the School District, including but not limited to extracurricular routes and field trips, as outlined in this RFP and/or Contract. The Proposer shall initially incorporate all existing School District routes. The Proposer may, however, propose alternate routes that conform to all federal and state laws and School District policies, which routes must be approved by the School District prior to implementation.

4.1.3 Maintenance and repair of the buses, transportation fleet, and School District’s White Fleet, utilizing Automotive Service Excellence (“ASE”) certified mechanics.

The Contractor shall promptly notify the District of any major maintenance or repairs that it makes, desires, or needs for the buses, transportation fleet, and White Fleet. All costs for labor and parts required for the maintenance and repair of the White Fleet will be paid for by the School District. The School District shall pay an hourly rate for the costs of such labor. The parts for all materials and parts shall be charged at cost, without mark-up.

4.1.4 The use of the transportation maintenance facility, including any and all utilities supplied to the facility. It is contemplated by this RFP that the School District’s transportation maintenance facility will be available for the Proposer to use for the term of the Contract under the form of facilities use agreement attached to this RFP as Attachment D. The transportation maintenance facility shall only be used by the Proposer to provide all maintenance for the bus fleet and White Fleet, as well as general fleet storage.

4.1.5 The selection, evaluation, training, compensation, and retention of transportation employees, including all necessary drivers, bus aides, and management and clerical personnel. The Proposer shall not discriminate against any worker, employee or applicant with respect to hire, tenure, terms, conditions, or privileges of employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant may be regarded as a material breach of contract.

4.1.6 Student discipline in cooperation with the School District, and as mandated by applicable law and School District policy, as same may be amended from time to time by the School District’s Board of Education.

4.1.7 Effective communication with the School District, including, but not limited to, the School District’s administration and, as applicable, with parents and students.

4.1.8 Continuous analysis of the transportation operations of the School District to effectively manage costs, while maintaining service levels in accordance with School District policy and safety protocol. The Contractor shall identify and, upon receiving written approval from the School District, implement operational efficiencies that will lead to cost reductions.

4.1.9 Assume all the financial responsibility for all vehicle purchasing, maintenance, and replacement cost associated with the repairs of Proposer’s vehicles. The Proposer shall also be responsible for maintaining the School District’s White Fleet but shall invoice the School District for the related labor costs and materials. Labor costs shall be at the rates included within the Proposal, and the costs for parts shall be passed onto the School District at cost and without mark-up.

4.1.10 Ensure all vehicles in the School District clearly have “Port Huron Area School District” visible on all vehicles utilized in the School District.

4.1.11 Require all drivers to participate in random drug testing to ensure the overall safety of the entire community.

4.2 Management.

4.2.1 The Proposer shall provide management staff and technical support to coordinate all Proposer functions described in the RFP. These staff members shall ensure that the School District’s transportation needs are smoothly and efficiently met.

The Proposer must employ or subcontract with state-certified school bus trainers and examiners who will be available to meet the training, evaluation, and instructional needs of drivers transporting the School District pupils. The Proposal shall include a list of the proposed management staff. Due to the unique safety concerns involving public school transportation, Proposer shall, on the written direction of the School District, remove and replace any and all proposed management staff from the provision of services to the School District under the Contract.

4.2.2 Proposer and its drivers are required to comply with any and all standards, regulations, codes and laws of the State of Michigan and the federal government, including but not limited to transportation issues, privacy issues, student record issues and any other issues arising out of the services provided pursuant to the Contract.

Further, the Proposer and its drivers must abide by the applicable policies of the School District. The School District and Proposer shall cooperate in providing ongoing in-service training to all drivers and attendants employed to transport students. The Proposer’s proposal shall include a listing and description of the proposed training programs. All employees of Proposer must attend these training sessions and all drivers must hold and maintain a valid school bus driver license and certification. Topics to be addressed shall include all those required by law or as otherwise appropriate to address the unique safety concerns of transporting pupils. These topics will include, but are not limited to, driving skills; behavioral programs; public relations with students, parents, and school personnel; first aid; basic medical information; emergency procedures; and student evacuation drills including evasive maneuvers, pre-trip, post-trip, accidents, etc. As mandated by the Michigan Vehicle Code, Public Acts of Michigan, 1990 P.A.

187, as amended, all drivers must have an annual physical and attend a six (6) hour training session at least once every two (2) years. In addition, a criminal history and a criminal record check must be done on all employees providing services under the Contract. All CDL employees must comply with the Drug & Alcohol Testing Program requirements and evidence of training shall be provided to the School District. See MCL 257.1853(4) and MCL 380.1230, et seq.

4.2.3 The Proposer agrees to advise the School District on routine organization and operation matters concerning the transportation services, provided that such consultation does not disrupt the Proposer’s ability to perform the services described in the RFP.

4.2.4 Proposer shall be fully responsible for the care and supervision of the pupils during their period of transportation. The transportation of a pupil shall be deemed to have begun when such pupil prepares to board the vehicle and shall be deemed to have ended when the pupil has completed alighting from the vehicle at a reasonably safe place in which to alight in view of the circumstances then prevailing. Further, if required, prior to the pupil alighting from the vehicle, the driver must visually verify a responsible person is present to receive the pupil. If no such person is present, the driver shall not permit the pupil to alight from the vehicle, shall proceed with the vehicle’s scheduled run and, within a reasonable time, return to the pupil’s stop to again attempt to visually verify whether a responsible person is present to receive the pupil. If, after that second attempt, there is still no responsible person present to receive the pupil, the driver shall contact dispatch and review the transportation plan for that pupil to identify the next course of action. The School District or its authorized representatives, shall not in any way or manner be answerable or suffer loss, damage, expense or liability of any kind or nature arising from such transportation service either by accident, negligence, thefts, vandalism, or any cause whatever, and Proposer shall indemnify the School District and its authorized representatives for all liability of every kind and nature arising from accident, negligence, or any cause whatever that the School District may suffer arising out of or in any way related to the Proposer’s performance under the Contract.

4.2.5 Proposer agrees not to assign its Contract, or any interest therein, without the prior approval in writing of the School District.

4.2.6 The Proposer shall provide a list of the management staff, positions and experience, including telephone numbers and email addresses the School District can use to reach them at all times. The Proposer shall return any School District calls made under this Section 4.2 within thirty (30) minutes of the time of the initial call. The Proposer shall be responsible for the cost of all phones (and, if applicable, computers), as well as ensuring their acceptability for the requirements set forth herein.

4.3 Operations, Routing, and Scheduling.

4.3.1 Operating Requirements.

4.3.1.1 The Proposer shall provide all pupil transportation necessary to meet the School District’s transportation needs as described by the School District, including but not necessarily limited to regular home-to-school-to-home transportation, building-to-building shuttles, and other center-based transportation described by the School District, as applicable. Service shall be provided on school days and on other days designated by the School District.

4.3.1.2 The Proposer shall, as requested by the School District, provide other transportation for school-sponsored extracurricular activities.

4.3.1.3 The Proposer shall, as requested by the School District, provide other transportation that may conflict with regular transportation service if that other transportation does not require the Proposer to use more vehicles than the School District has requested be dedicated to its transportation service.

4.3.2 Staff Management Requirements.

4.3.2.1 Driver Requirements

4.3.2.1.1 The School District requests that the Proposer consider employing the bus drivers and clerical staff currently providing transportation services to the School District at their current pay rates, to the extent practicable.

4.3.2.1.2 The Proposer shall ensure all drivers assigned for the Contract meet all federal, State of Michigan, and School District standards, and who do not have careless or reckless driving records and who have no more than six (6) points on their license. Drivers will be subject to periodic review and screening by the Proposer and the School District. School bus drivers shall meet the training requirements of the School District for first aid, adult/child/infant CPR, handling infectious diseases, bloodborne pathogens, and behavior management. Drivers who develop a careless or reckless driving record while employed by the Proposer shall not be used to provide services pursuant to the Contract.

4.3.2.1.3 The Proposer should attempt to provide the highest

level of continuity of drivers and aides on specific routes to permit drivers and aides to become familiar with routes, drops, and individual pupil requirements, as well as to permit pupils and their parents/guardians to become familiar with the Proposer’s personnel, as applicable.

4.3.2.2 School Bus Aide Requirements. The Proposer shall employ and assign school bus aides based on the individual requirements of pupils or as may be further requested by the School District. School bus aides shall meet the training requirements of the School District in first aid, adult/child/infant CPR, handling infectious diseases, bloodborne pathogens, and behavior management.

4.3.2.3 Maintenance/Mechanical Staff Requirements. The Proposer shall maintain the fleet of vehicles and the School District’s White Fleet to the highest standards possible. The Proposer shall submit a preventative maintenance schedule to be employed in the care and maintenance of the entire transportation fleet, including the White Fleet. At a minimum, the preventative maintenance program shall conform to the original equipment manufacturer service requirements and the inspection and maintenance requirements established by the State of Michigan.

4.3.2.4 Routing and Scheduling. The Proposer shall operate buses along routes approved by the School District and shall endeavor to incorporate the School District’s current routes. The Proposer shall provide recommendations to the School District regarding the most efficient routes, schedules, and stops, based upon its professional opinion. The Proposer shall coordinate with the School District to assure that students are transported safely, efficiently, and in a timely manner. The Proposer shall recommend routes, in keeping with pupil safety, so as to deliver students within a reasonable time prior to the commencement of school activities, and so as to return them to their respective stops within a reasonable time after the end of same. Proposer shall perform the work described in the Contract and in this RFP diligently so as to assure adherence to all relevant school schedules, and the Proposer shall assume responsibility for timely delivery of pupils to and pick-up of pupils from programs. At no time shall the Proposer’s office or garage be used as a depot for the transfer of students. Proposer shall structure all bus routes with particular attention to reasonably minimizing pupil ride times on standard bus routes. To that end, no pupil’s ride time shall be more than the reasonable time frame established by the School District from time to time. In no event shall a pupil’s ride time be longer than currently provided by the School District, nor shall it include more stops than currently provided by the School District.

4.3.2.5 Changes in Established Routes or Stops. Changes to established routes, stops, or schedules must be reviewed and approved by the School District. Proposer shall include a written cost estimate associated with any proposed change in an established route. If approved, such change shall be implemented by the Proposer as soon as possible, ideally no more than three (3) but no longer than five (5) working days after Proposer is notified of approval by the School District, unless otherwise mutually agreed upon by all parties. In all cases, runs, routes, and stops must conform to all pertinent IEPs, 504 Plans, and applicable federal, state, local, and School District laws, regulations and policies.

4.3.2.6 Changes in School Schedules

4.3.2.6.1 The School District shall receive a 100% daily discount from the daily rate (or prorated per-day rate) being charged to the School District by the Proposer for transportation services under the terms of the Contract on those days when the schools and classes are closed to ensure the health and safety of pupils, for the reason of inclement weather, state of emergency or disaster, or any other lawful reason, provided that the School District has notified the Proposer by 6:00 am of the day the schools originally scheduled to be open are to be closed. Upon the School District’s reasonable request, the Proposer shall provide feedback and otherwise assist the School District in determining whether to cancel school due to inclement weather or other similar reasons. The School District will determine whether the Proposer must provide transportation services for extracurricular activities on a canceled school day and will notify the Proposer no later than 12:00 pm on the respective day.

4.3.2.6.2 The Proposer shall cooperate with the School District to maintain good public relations with the community and news media so that any pertinent items or issues affecting the transportation program, or the pupils served by the School District can be brought to the attention of the public. Included in such service shall be Proposer’s organization of and participation in one or more parental meetings prior to the beginning of each academic year to review services, expectations, limitations and applicable written student safety regulations.

4.3.2.6.3 The Proposer shall provide a one (1)-hour response time to provide transportation services after oral notice of any instances in which school classes are canceled in the middle of a school day for reasons of emergency, inclement weather, a state of emergency or any other lawful reason. Similar response time shall be provided by the Proposer in instances of delays in the beginning of school classes.

4.3.2.7 Proposer shall establish a protocol by the time services commence under the Contract, approved by the School District, which requires Proposer to contact and communicate with parents/guardians of pupils concerning any special needs, schedule coordination, extended absences, scheduling issues, and other logistical concerns.

4.3.2.8 Proposer shall structure all schedules and routes to minimize the idling time of buses. Proposer shall provide to the School District a plan for limiting idling time, including turning off buses at collection and transfer areas where reasonable.

4.3.3 Dispatch. The Proposer shall ensure that: (a) an appropriate size and type of bus is assigned to each run each day, (b) the bus assigned to each run is in compliance with legal and contractually described maintenance requirements,

(c) each run is assigned to a driver who is available to drive it, and (d) each run is assigned to a driver who possesses all relevant endorsements or credentials required by law, regulation, standard or policy to drive the type of bus assigned to that run or to transport the pupils assigned to that run.

4.3.4 Options to Cancel. The School District shall have the option to cancel any scheduled co-curricular trip on the School District’s notification of the Proposer at least 24 hours prior to the time of the first scheduled pupil pick-up.

4.3.5 Limitation of the School District’s Obligations. The School District is not at any time obligated to request other transportation services from the Proposer, nor pay for services not received.

4.3.6 School District’s Right to Contract Separately. The School District expressly retains the right to Contract separately with other vendors or entities for any transportation services not expressly awarded to Proposer hereunder or to furnish transportation services that are not performed by Proposer. If the School District contracts with another vendor to perform services that were awarded to Proposer but that the Proposer fails to perform them, the District may deduct the fees and costs of the other vendor from any payments otherwise due the Proposer.

4.4 School Bus Driver Requirements.

4.4.1 Pre-Employment Screening. Because of the unique concern associated with transporting minor pupils and the laws applicable to pupil transportation, the Proposer shall develop and implement a pre-employment interview and/or screening program for all candidates for employment in conjunction with the Proposer’s performance under the Contract. The Proposer shall interview and give consideration to employing the bus drivers and clerical staff currently providing transportation services to the School District through a third-party contractor. The pre-employment interview and/or screening program shall be designed to assist the Proposer in determining the driver’s or other employee’s suitability for work with school pupils in the transportation setting. That program shall identify those candidates who are suitable for assignment of transportation services, including for special education students. That program shall require that each candidate satisfy or exceed all legal requirements, including the examination of the candidate’s criminal history, drivers licensing, school bus driver licensing and certification, training and motor vehicle record, as required by the state of Michigan. Further, it shall ensure compliance with criminal history and criminal record background checks, at least as required by law. A pre-employment physical shall be administered which will meet the Michigan Department of Education (“MDE”) bus driver requirements including appropriate tests for the presence of any substance abuse. Copies of the MDE certification cards for Proposer’s employees who will be providing services pursuant to the Contract shall be available to the School District upon request. In the event any of the pre-employment screening is failed by a potential employee, that employee shall not be hired by the Proposer for any position that serves the School District pursuant to the Contract. By submitting a proposal, the Proposer acknowledges that the program contemplated by this section is intended to assist both the School District and the Proposer in complying with applicable laws and safety concerns and is not intended to give the School District control over the Proposer’s employees or make decisions regarding individuals that the Proposer hires.

4.4.2 Credentials and Related Requirements.

4.4.2.1 License and Permits

4.4.2.1.1…