Transportation RFP April 2018.pdf

ROMULUS COMMUNITY SCHOOLS

TRANSPORTATION SERVICE

REQUEST FOR PROPOSALS ("RFP")

April 10, 2018

I. SUBMISSION DEADLINE AND PROPOSAL REQUIREMENTS

The date and time for receipt of Proposals is:

May 11, 2018 at 3:30pm

1.1 Proposal Envelope. An opaque, sealed envelope containing your Proposal, and any other supporting data to be submitted therewith, must be marked in the lower right hand corner with the following description:

TRANSPORTATION SERVICES RFP

[PROPOSER'S NAME]

[PROPOSER'S ADDRESS]

[PROPOSER'S TELEPHONE NUMBER]

The envelope must be addressed and timely delivered to:

Romulus Community Schools

Attention: Vincent Mensah

Director of Business and Operations

36540 Grant Rd.

Romulus, Michigan 48174

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. Any rejected proposals will be returned to the Proposer unopened. The School District is not liable for any delivery or postal delays.

1.3 Original Proposal and Copies. Each Proposal must be an original and hard copy, and signed by an authorized member of the Proposer’s firm. Oral, telephonic, telegraphic, facsimile, or email

Proposals will NOT be accepted. Along with the original, signed Proposal, the Proposer shall also submit five (5) copies of the Proposal.

1.4 Opening of Proposals. The Proposals will be opened at the date and time stated above, by the

Director of Business and Operations 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 prior to award of 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 Vincent Mensah at vkmensah@romulus.k12.mi.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 email to Vincent Mensah 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 within five (5) business days after the receipt of such requests. No requests for clarification will be accepted after

May 7, 2018. The responses to any requests for clarification will 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 all Proposers who filed an Intent to Respond in accordance with Paragraph 1.5.1 and otherwise available to all

Proposers upon an appropriate request. All addenda shall become a part of the RFP. No

Addenda shall be issued after the close of business at least twenty-four (24) hours before the deadline for submission of proposals. Each Proposer bears responsibility for confirming prior to 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 shall 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 received from the

Romulus Community Schools Business Office between the hours of 8 a.m. and 4 p.m., Monday through Friday, 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 another written response.

1.7 Bonding and Security. Each Proposal must be accompanied by a bid bond, certified check, or mailto:vkmensah@romulus.k12.mi.us irrevocable letter of credit in an amount of five percent (5%) of the first year’s proposed contract sum as a guarantee of the Proposer’s good faith. If a bid bond is posted by a Proposer, it shall be from a surety licensed to do business in the State of Michigan and the attorney-in-fact who executes the bid bond on behalf of the Proposer shall attach a certified, current copy of its power of attorney. In the event a certified check is submitted, it shall be made payable to “Romulus Community Schools,” and the School District shall not be liable for any interest earned thereon. The security, in whatever form, shall be forfeited in its entirety as liquidated damages, and not as a penalty, if the Proposer withdraws its Proposal after the due date for submission of Proposals or, upon acceptance of its Proposal by the

School District, Proposer fails to execute the form of Contract, including the provision of insurance and bonds acceptable to the School District, within fifteen (15) days of an award of the Contract to

Proposer. Good faith deposits shall be returned to all Proposers within a reasonable time after the award and execution of a Contract by the successful Proposer.

1.8 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

● Submitting 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

● Submitting a Proposal determined by the School District to be unreasonable in price

● A Proposal is received by a Proposer determined by the School District not to be a responsible Proposer

● Failure to furnish a bond or security as required by the RFP

● Any other reason deemed relevant by the School District and which is consistently applied

1.9 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.

1.10 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.

1.11 Modification or Withdrawal of Proposals.

1.11.1 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.

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

1.12 Collusive Bidding and Relationship Disclosure.

1.12.1 The Proposer certifies that their 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.

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

1.13 Pre-Bid Walk of Facilities.

1.13.1 The School District will conduct a pre-bid walk of the facilities on April 24, 2018 at

9:00am. The Proposer is strongly encouraged to attend the walk-through. The Proposer may ask questions about the transportation vehicles, facilities, equipment and the RFP during such walk, 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 walk-through, 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.

1.13.2 The School District reserves the right to reject the proposal of any Proposer failing to attend any such pre-bid walk and failing otherwise to explain in writing why the Proposer has at least equivalent knowledge of the School District's facilities as other Proposers who attended the walk-through.

II. SELECTION TIME LINE, CRITERIA, AND EVALUATION

2.1 The School District’s anticipated timeline for its selection process is:

Issuance of this RFP April 11, 2018

Mandatory Pre-Proposal Meeting April 24, 2018 @ 9am

36540 Grant, Romulus, MI 48174

Deadline for Intent To Respond May 1, 2018

Deadline for written Requests For Clarifications May 7, 2018

Due Date for Proposals May 11, 2018 3:30 P.M.

Interview of Finalists by School District May 21, 2018

School District Anticipated Award of Contract May 29, 2018

Implementation of Contract July 1, 2018

With the exception of the deadline for Proposal submission, 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.

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 Bid security as required by Section 1.7.

2.2.2 Original bid document and copies as required by Section 1.3.

2.2.3 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.

2.2.4 The Proposed Contract Sum shall be identified on, and in compliance with, the Proposal

Form attached hereto as Attachment B.

2.2.4.1 The Proposed Contract Sum shall be identified as a total dollar amount, but the

Proposer shall provide an adequate explanation how its costs have been computed.

2.2.4.2 Alternative pricing shall be provided for all of the following:

2.2.4.2.1 The additional cost of providing services for two additional one-year

Terms, which may be authorized at the School District’s sole option.

2.2.4.2.2 A comparison in total dollar amounts for providing services with (a) the School District’s bus fleet if all replacement buses are leased; (b) the School District’s current bus fleet, if all replacement buses are purchased by the District; in line with 4.7.1.2.2; (c) repair parts are procured by the District; (d) the District maintains all the buses.

2.2.4.2.3 The additional per-unit cost of installing a video camera or comparable recording device of acceptable quality and function to allow for the School District to obtain continuously recording images of events and occurrences while the vehicle is being used to transport pupils.

2.2.4.2.4 The additional cost of providing a performance bond as further discussed in Section 2.4.4.

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

2.2.5 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 personnel and equipment described in the RFP and in accordance with all terms and conditions without exception.

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

2.2.7 If applicable, the Proposer shall acknowledge in writing all Addenda received and reviewed prior to submission of its Proposal.

2.2.8 The Proposal shall include background information and qualifications of the personnel who will be involved with the School District, including a list of proposed management staff, describe the chain of command and reporting relationships, and include an organizational chart (including where any School District liaison or representative would be placed).

2.2.9 The Proposer shall acknowledge the at-will status of management, drivers, aides and mechanical staff as further described herein.

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

2.2.11 The Proposer shall describe the safety program further discussed herein.

2.2.12 The Proposer shall describe its preventative bus maintenance program.

2.2.13 The Proposer shall provide a list of experience with the Michigan State Police Motor Carrier

Division inspections, including results and any corrective action taken.

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

2.2.15 The Proposer shall describe in detail any experience with respect to the conversion of transportation services from a local, public school district to a contracted service provider, as well as a transition plan for the School District. The Proposer shall further describe how they will assist the School District in this regard and its customer relations philosophy with respect to same.

2.2.16 The Proposer shall provide a list of at least three (3) references, including contact names, addresses, and phone numbers, from separate 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 school-provided transportation program to a contracted service transportation program.

2.2.17 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 so on this project).

2.2.18 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.

2.2.19 The Proposer shall acknowledge and agree to comply with all applicable federal, state, and local laws, rules, regulations, 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 comply, at its cost, with the requirements for criminal history and background checks found in the Revised School Code.

2.2.20 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. It is not contemplated that workers compensation or unemployment proceedings be discussed pursuant to this section.

2.2.21 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.

2.3 Evaluation of Proposals. The purpose of this RFP is to consider a contractual relationship with an experienced and qualified transportation company to provide complete transportation and maintenance services to the School District in the most efficient and cost-effective manner possible while, at the same time, maintaining the highest level of 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 their expertise, experience, and approach based on their 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 consistently-applied information the School District deems necessary.

2.3.2 The School District reserves the right, but shall not be obligated, to select one or more

Proposers for post-Proposal investigation, discussions and/or negotiations. Such investigations, discussions and negotiations, if they occur, will involve only Proposers who submit Proposals falling within a competitive range to be determined by the School District.

Proposals will be generally evaluated based on quality of response to this RFP, 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, including the right to award a Contract without further discussion or negotiation with anyone proposing these services.

2.4 Contract Award and Requirements.

2.4.1 A Contract may be awarded on the Proposal as submitted. The School District may elect to negotiate as to technical performance or price, or both, with Proposers whose Proposals fall within a competitive range as determined by the School District.

2.4.2 The award of a Contract is contingent upon securing an acceptable Proposal, as determined within the School District’s sole discretion. A Contract shall be binding and enforceable only upon the following conditions: (a) successful negotiation of terms in accordance with Section

2.4.1, if applicable, and (b) authorization by the School District’s Board of Education.

2.4.3 The Contract shall be for an initial three (3)-year term with the School District having the right to renew the Contract, in its sole and absolute discretion, on a yearly basis, for up to two

(2) 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 ninety (90) days’ written notice from the School District with or without cause.

2.4.4 Any selected Proposer may be required to provide a performance bond in an amount equal to one hundred percent (100 %) of the Proposed Contract Sum. The decision to require a performance bond rests solely with the School District. The School District will allow for an additional cost for the performance bond, but only if the Proposer identified such additional cost as an add-alternate, as required above. If required, the bond shall be written in a form acceptable to the School District and shall be delivered to the School District prior to the date of performance. The School District reserves the right to negotiate the terms of the performance bond, for example, to base the cost on only the first year of service.

2.4.5 Insurance.

2.4.5.1 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 prior to execution of the Contract. Failure to do so shall be a justifiable basis to act against the Proposer’s bid security.

2.4.5.2 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 term of the Contract. 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 pursuant to 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 the state.

2.4.5.3 The Proposer shall maintain such public 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.

2.4.5.4 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

2.4.5.5 The following types of insurance, limits of liability, and policy extensions are required of the Proposer and (except for limit) all sub-contractors:

Workers Compensation and Employers Liability Insurance

Coverage A – Statutory

Coverage B – $ 500,000 Per Accident

Broad Form Comprehensive 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 $ 500,000

Comprehensive Automobile Liability Insurance (owned, hired, and non-Owned automobiles)

Bodily & Property Damage $1,000,000 Combined Single Limit

The Proposer shall not commence work under the Contract until all insurance stated in these Specifications is obtained and the School District has reviewed all associated insurance policies.

2.4.6 The Contract shall incorporate the terms of, and the Proposer’s responses to, this RFP (and, if applicable, shall be the form attached hereto as Attachment C), and shall be further subject to: (a) the School District’s ability, in its sole and absolute discretion, to negotiate the

Contract’s terms, and (b) any specific exception to the Contract’s terms as identified and explained in writing by the Proposer pursuant to Section 2.2.21. In the event of any inconsistency between the Contract and the RFP and response, the greater quantity and/or quality of service shall be contractually required of the Proposer. Any submitted Proposal is an offer to enter into a contract based upon the foregoing.

III. SCHOOL DISTRICT PROFILE AND OVERVIEW

Romulus Community Schools Information

School Facilities - Attachment D

Students

2017/2018 Enrollment…………………………………… 2774

Students Transported Daily ………………………………1884

Projected increase/decrease in future enrollment ………..(100)

Vehicular Assets

Buses - Attachment E

Bus Mileage & Fuel Consumption Report – Attachment F

Run Schedule – (Current) – Attachment G

Annual Bus Mileage Data – Attachment H

Building Start and End Times (Attachment I) – Busses must arrive 15 minutes earlier than start time to accommodate for universal breakfast program.

IV. DESCRIPTION OF SERVICES

4.1 Generally.

Proposer shall, during the term of the Contract, furnish all management, supervision, drivers, equipment, services, necessary buses and related vehicles, and necessary insurances required to provide all School District transportation services in accordance with this RFP and at least at the same or similar service level as currently provided by the School District, including:

4.1.1 Safe and reliable, on-time delivery of general education and special education students to and from school on a daily basis within School District defined parameters and any applicable extracurricular activities. RCS also transports all Latchkey attendees (before school only) and

Romulus Boys and Girls Club attendees (after school only) to Wick Elementary School.

Proposer shall attend all applicable IEP meetings to help to ensure that transportation services are appropriate for each applicable student.

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 Contractor shall propose alternate routes that conform to all federal and state laws and School District Policies, which routes shall be approved by the School District prior to implementation. At no time can the

Proposer ever decrease total stops by more (2) two percent per year without the express written agreement of the Director of Business and Operations of the school district. Also, before the proposer can change walk zones or increase ride times there must be express written agreement of the Director of Business and Operations as well.

4.1.3 Maintenance of the buses and transportation fleet, utilizing certified mechanics. (The

Proposer must provide evidence that they are providing a “best in class” preventative maintenance program for the entire transportation fleet.

4.1.4 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 on the basis of race, creed, color, age, sex, national origin or disability.

4.1.5 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.

4.1.6 Effective communication with the School District, including, but not limited to, the School

District’s administration, Board of Education and, as applicable, with parents, students, and the community.

4.1.7 Continuous analysis of the transportation operations of the School District in order to effectively manage costs, while maintaining service levels in accordance with School District policy and safety protocol. The Contractor shall identify and implement operational efficiencies that will lead to cost reductions. (These operational efficiencies are subject to the service level requirements stated previously in Section 4.1)

4.2 Management.

4.2.1 The Proposer shall provide management staff 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. The 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 will include, but not be 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 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.

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 Request for Proposal.

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 for special education and kindergarten or younger students or otherwise, 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 this Contract, or any interest therein, without the prior approval in writing of the School District.

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. 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 activities when such other transportation does not conflict with regular transportation service.

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 transportation does not require the Proposer to utilize 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 Proposer shall hire and utilize for the Contract only drivers who meet all federal, State of Michigan, and School District standards, and who do not have careless or reckless driving records. 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 in 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.

4.3.2.1.2 The Proposer shall make every attempt to ensure 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. However, the

Proposer shall, on the written direction of the School District, remove and replace any and all proposed driver staff at will from the provision of services to the School District under the Contract, so long as in compliance with law and subject to the independent contractor status of the parties.

4.3.2.2 School Bus Aide Requirements (if applicable). The Proposer shall employ and assign school bus aides based on the individual requirements of pupils as determined by the relevant pupil's IEP and as may be further requested by the School District. These aides are to be requested based upon the nature and/or severity of the handicapping condition of each pupil. 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. However, the Proposer shall, on the written direction of the School District, remove and replace any and all proposed school bus aide staff at will from the provision of services to the School District under the Contract.

4.3.2.3 Mechanical Staff Requirements. Proposer shall maintain the fleet to the highest standards possible. However, the Proposer shall, on the written direction of the

School District, remove and replace any and all proposed mechanical staff at will from the provision of services to the School District under the Contract.

4.3.2.4 Routing and Scheduling. The Proposer shall operate buses along routes determined by the School District. The Proposer shall provide recommendations to the School

District regarding routes, schedules, and stops. 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 with 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 sixty (60) minutes, exclusive of staging periods, except as may be excused by express written notice from the School

District. In no event shall a pupil's ride time be longer than currently provided by the School District, nor shall it include less 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 School District. Such changes must be submitted to the Director of Business and Operations more than 10 calendar days prior to the planned execution of the change. 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 IEPs (if any) 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 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, or any other lawful reason, provided that the School District has notified the Contractor by 6:00 a.m. of the day the schools originally scheduled to be open are to be closed.

4.3.2.6.2 The Proposer shall cooperate with 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 minimum one-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 or other lawful reason. The

Proposer will give School District staff 100% access and use of all buses to be used to provide emergency egress for students before the one hour minimum. The School District will only exercise this emergency use when no other option exists to insure the safety of students. 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 and other logistical concerns.

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 Provider 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, with the sole exception of the failure to timely cancel scheduled service.

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 by the Contract. Special Trip services include but are not limited to Athletic and Field Trips.

4.4 School Bus Driver Requirements.

4.4.1 Pre-Employment Screening. 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 personnel currently providing the service in the District that are displaced as a result of the implementation of the Contract. The Contract will not contain an obligation that displaced personnel must be hired by the Proposer. The pre-employment interview and/or screening program shall be designed to assist the Proposer in determining the candidate’s suitability for work with school pupils in the transportation setting. That program shall seek to identify those candidates who may be 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 include a criminal history and criminal record background checks, at least as required by law.

A pre-employment physical shall be administered which will meet the 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

4.4.2 Credentials and Related Requirements.

4.4.2.1 License and Permits

4.4.2.1.1 Every driver employed by the Proposer to provide services to the

School District must have and maintain a valid school bus driver license and certification in satisfaction of 1990 PA 187, as amended, appropriate to the vehicle that is being driven, with a passenger endorsement as issued by the State of Michigan. The School District shall not pay for Proposer’s required license cost, and all such costs shall be borne by the Proposer. Copies of drivers license verifications of Proposer's employees providing service pursuant to the Contract shall be available to the School District upon request.

4.4.2.1.2 Every driver and driver supervisor shall have successfully completed the basic bus driver education program and continuing education programs as required by 1990 PA 187, as amended, and the Michigan

Department of Education. Additionally, a driver supervisor shall successfully complete the supervisor training program.

4.4.2.2 Health Requirements

4.4.2.2.1 Each school bus driver employed by the Proposer shall be in sufficient health to satisfy all laws and regulations of the state of

Michigan governing school bus drivers.

4.4.2.2.4 In compliance with Michigan State Police Motor Carrier Division and

Department of Education requirements, every driver, whether permanent, temporary, or substitute, prior to driving for the Proposer to serve the School District shall submit to the Proposer a completed

Medical Examiners Certificate. The certificate must be updated annually, or more frequently if School District or Proposer has reason to believe that the driver is not physically able to drive, as provided by law. It is the responsibility of the Proposer to ensure such certificates and updates are timely obtained.

4.4.2.3 Special Considerations

4.4.2.3.1 When a run requires transportation of students with special needs, or when a bus requires any special expertise to operate, all drivers, whether permanent, temporary, or substitute, who will transport those students or operate those buses shall first demonstrate proficiency and/or complete special training relevant to those special requirements. The School District may also choose to establish and require compliance with other requirements that are rationally related to the special services to be performed, to the extent permitted by law.

4.4.2.3.2 Upon request by the School District, subject to the Proposer’s rights as employer to control and direct its employees, the Proposer shall consult with the School District concerning the Proposer’s continuing assignment of employees to provide services to the School District.

Any Proposer employee deemed by the School District in its good faith determination to jeopardize the reputation of, public support for, or confidence in the provision of services by the Proposer shall be transferred by the Proposer to functions other than services to the

School District to the extent permitted by law. Such transfer, if based only on School District determination, shall be without stigma or negative connotation.

4.4.3 Drug Use Prevention

4.4.3.1 Grounds for Testing. The Proposer shall conduct or cause to be conducted tests acceptable to the School District that are designed to determine the presence of illegal drugs, controlled substances, or alcohol. Such tests shall be administered to:

All permanent, temporary, or substitute drivers, aides, and mechanics before they begin work under this agreement;

Any trainee who will drive a Proposer owned vehicle (test results must be obtained before the trainee drives the vehicle);

Any person (whether that person is a permanent, temporary, or substitute employee, or a trainee of the Proposer) involved in an accident but not absolved of fault at the scene by a law enforcement officer while driving a vehicle or transporting the School District pupils under the Contract; and

Any driver whom the Proposer or the School District has reasonable cause to believe has reported to work or is at work on the Proposer’s School District’s property while under the influence of alcohol or drugs.

Results of such tests shall be released to the School District prior to the beginning of the Contract, and annually as part of the required physical examination.

4.4.3.2 Proposer shall not hire or continue to utilize as a transportation driver any individual who fails to test negative for illegal drugs, controlled substances or alcohol.

4.4.4 In-service Training (must meet state-mandated requirements)

4.4.4.1 Proposer shall establish In-service Training for professional development such that every driver and bus assistant, in order to continue providing services, whether permanent, temporary, or substitute, must each year successfully complete the following training:

Such in-service as is required by the Michigan Department of…