Student Transportation Services GSA 3

From: Duval County Public Schools(School)
started - 19 Jan, 2021 (about 2 years ago)

Start Date

19 Jan, 2021 (about 2 years ago)
due - 19 Jan, 2021 (about 2 years ago)

Due Date

31 Jul, 2024 (in 18 months)
Bid Notification

Opportunity Type

Bid Notification
RFQ/ITB-008-19/LM

Opportunity Identifier

RFQ/ITB-008-19/LM
Duval County Public Schools

Customer / Agency

Duval County Public Schools
1701 Prudential Drive Jacksonville, FL 32207

Location

1701 Prudential Drive Jacksonville, FL 32207
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THIRD AMENDMENT TO THE AGREEMENT FOR TRANSPORTATION OF STUDENTS BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND DURHAM SCHOOL SERVICES, L.P. This Third Amendment to the Agreement for Transportation of Students (the "Amendment"), is dated May 3, 2022, and effective May 4, 2022, and is by and between The School Board of Duval County, Florida, operating a district school system in the State of Florida (the "District"), and Durham School Services, L.P. a Delaware limited partnership authorized to transact business in Florida (the "Contractor''). Whereas, the District acknowledges the use of motor vehicles other than school buses allows for the most effective and efficient mode of transportation to support such programs as The McKinney-Vento Education for Homeless Children and Youth program, Every Student Succeeds Act (Foster Care) and Exceptional Education, etc. District Policy 8.36 discusses the expectations for transporting students in private vehicles. Whereas, the Contractor has not been able to hire enough school bus drivers and monitors to cover all routes required per this contract due to the impact of COVID-19 amongst the workforce, causing a lack of available professional school bus operators and monitors. Whereas, the Contractor acknowledges that all other contractual obligations and operational work flows shall be maintained. This includes reporting, servicing and managing all vehicles other than school buses. The Contractor shall follow the Safe Driver Plan adapted for the drivers of motor vehicles other than school buses. This includes using motors vehicles which meet the requirements of Florida Department of Education (FDOE), Transportation, Technical Assistance Notes TAN 07 _03 and TAN 17 _01. This Board Policy and these TAN documents outline what is and is not allowed with regards to students being transported in motor vehicles other than school buses. Whereas, the Contractor acknowledges the District reserves the sole responsibility of determining and authorizing the ridership for these transportation services using motor vehicles other than school buses. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and incorporated herein by this reference. 2. Background. This Amendment pertains to the Agreement for the Transportation of Students for Geographic Service Area (GSA) 3 (Mandarin/Southside) dated effective December 6, 2018, together with the related RFQ/ITB, (the "Agreement") between the District and Contractor, as amended by the First Amendment effective March 16, 2020, and the Second Amendment effective August 1, 2021. The Contract for GSA 3 will be for an initial term of five (5) years (through July 31, 2024), and may be renewed under essentially the same terms and conditions as the original contract for five (5) additional one (1) year renewals with written consent and agreement 1 of both parties. (See Section 1. 7 of RFQ/ITB; see also authority granted to Superintendent for renewals in December 18 agenda item). 3. Effective Date. The effective date of this Amendment is May 4, 2022. 4. Definitions. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 5. Amendment. Compensation. Routes: Payment for routes that use motor vehicles other than school buses shall be paid at $4.83 price per mile (PPM) with annual escalation per the original contract documents. All route miles will be compiled for inclusion with the minimum mileage data and the minimum mileage attainment computation. This Amendment authorizes a further increase in the PPM rate in future contract years, for vehicles other than school buses, up to a maximum of 85% of the GSA3 PPM in each successive contract year provided "proof of cost increase" documentation is provided by the contractor and bilateral agreement is reached between the District and Contractor. Fuel Allocation: Fuel allocations for the Contractor shall be based on the route mileage allocated by a standard mile per gallon consumption rate of 18 miles per gallon. 6. Federal Funds. The District uses federal funds for portions of its payment pursuant to the Agreement; accordingly, Contractor shall execute and deliver to the District, concurrent with its signature of the Agreement the following in composite Exhibit ~. all of which shall be incorporated into the Agreement by this reference as: (a) Federal Regulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace Requirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion; and (d) Non-Collusion Affidavit. 7. No Effect on Future Arrangements. Except as specifically set forth herein, no provision of this Amendment related to the 2021-2022 school year shall be construed so as to set a precedent, negate, modify or affect in any way the provisions of any future agreement or arrangement between the Parties for any subsequent periods. 8. Authority. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. 9. Miscellaneous. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, 2 as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 10. Counterpart and Facsimile Signatures. This Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [Signature Page Follows.] 3 Gary L. Waits Jr. President and CEO IN WITNESS WHEREOF, the District and the Contractor have each caused this Amendment to be signed and delivered by its duly authorized officer, all as of the effective date set forth above. DURHAM SCHOOL SERVICES, LP. By; Durham Holding II, L.L.C., its general Partner By; National Express LLC, its member By: =1:h2/> Name: ______________ _ Title: --------------- [Signatures continued on next page] 4 [Signature Page to Second Amendment to Agreement for Durham School Services, L.P, between The School Board of Duval County, Florida, and Durham School Services, L.P., For GSA 3 (Mandarin/Southside)] Dr. Dia a Gr ene, Superintendent of Schools and Ex-Officio Secretary to the Board SCHOOL BOARD OF DUVAL COUNTY, FLORIDA By~YL, Darrylillie,ct,i rman Approved by the Board on May 3, 2022 5 Gary L. Waits Jr. President and CEO EXHIBIT A - COMPOSITE FEDERAL FORMS , FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or seNices at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (DCPS) and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. 1. The Contractor agrees to allow reasonable access by DCPS, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is equal opportunity and affirmative action employer and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow DCPS to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to DCPS a federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to DCPS a non-collusion affidavit. 7. The Contractor agrees to properly complete and submit to DCPS a federal drug free workplace certification form. 8. The Contractor agrees the DCPS may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the DCPS may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. CONTRACTOR: Durham School Services, L.P., a Delaware limited partnership authorized to transact business in Florida PRINT NAME OF AUTHORIZED REPRESENTATIVE: t::f.- .q. ~ SIGNATURE OF AUTHORIZED REPRESENTATIVE: ;.;(J-7 '/~ TITLE: ______ _ 6 Gary L. Waits Jr. - President and CEO May 23, 2022 DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. ~ ?-,/> CONT CTOR'S SIGNATURE/DATE NAME/TITLE Name of Company: Durham School Services, L.P., a Delaware limited partnership authorized to transact business in Florida 7 Gary L. Waits Jr. - President and CEO CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor ( or subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.8. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this Certification. c~ c~~TURE NAME/TITLE of AUTHORIZED REPRESENTATIVE Name of Company: Durham School Services, L.P., a Delaware limited partnership authorized to transact business in Florida 8 INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary offer" as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. 9 President and CEO NA 5/23/2022 State of FLORIDA County of DUVAL NON-COLLUSION AFFIDAVIT I state that I am the ____________ of Durham School Services, LP. a Delaware limited partnership authorized to transact business in Florida, and I am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. I am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firm's offer. I hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) Durham School Services, LP., its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: I attest that Durham School Services, LP., a Delaware limited partnership authorized to transact business in Florida, understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. (Signature) (Date) 10 RFQ/ITB-008-19/LM STUDENT TRANSPORTATION SERVICES BID TABULATION > ||FIRST STUDENT INC Item Description [Unit Price GSA 3 -Mandarin/Southside | |Fnce Pr $6.7400 Fi Prepared by: Verified by: Date: Recommended for Award = Cammie Wise L. Mitchum 10/25/18 Page 1 of 1 Date Opened: 10/25/2018 HO WY 92 100 8102 Page 1 of 6 RFQ/ITB-008-19/LM Student Transportation Services GSA -3 Addendum No. 1 ADDENDUM NO. 1 Information only www.duvalschools.org/purchasing Issue Date: October 1, 2018 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFQ/ITB-008-19/LM Bid Title: STUDENT TRANSPORTATION SERVICES GSA 3 Term of Bid: The initial term of the contract will be for (5) years through July 31, 2024 and may be renewed for five (5) additional one (1) year renewals. Opening: Friday, October 12, 2018, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Purpose: To answer questions received and to provide clarifications. Question: Deviations from specifications, General Conditions No.6. will a vendor be disqualified if they deviate from the specifications? Answer: Vendor should submit bids based upon the RFQ/ITB specifications as written. Question: Will any modifications be added to the final contract? Answer: If needed, modifications will be addressed during contract development/negotiations. Question: Can we contact the Office Economic Opportunity(OEO), office directly regarding questions pertaining to this RFQ/ITB? Answer: Per section 1.15, Ex Parte is strictly prohibited. OEO, nor any other office can be contacted with questions pertaining to this RFQ/ITB. Question: Personnel listed in 3.0.9.2 (B). The Contractor shall employ sufficient personnel to handle day to day management. At a minimum the following positions shall be staffed in addition to operators and monitors. Are all positions listed required? Answer: Yes, listed are the minimum required positions. All positions must be filled separately. eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/dcps Page 2 of 6 RFQ/ITB-008-19/LM Student Transportation Services GSA -3 Addendum No. 1 Question: Section 3.0.11.2 The Contractor shall employ a certified school bus monitor to all routes designed specifically for students assigned to an alternative school. The work requires a monitor capable of handling extreme student management issues. The District reserves the right to determine if the school bus monitors qualifications are suited for the route and effective. Answer: There are currently two (2) alternative routes that require a monitor and the cost of the monitors should be included in your pricing. Question: Section 3.1.11.6 (B) Compensation for Mileage Minimum; how should the minimum mileage be calculated? Answer: The minimum mileage should be calculated by using the average of the past five (5) years, the third (3rd) row of Exhibit G. For FY 17/18, use the Adjusted (180 days) subtotal Reg & ESE miles. Question: Section 3.1.13.2. The Contractor shall assign to all routes, not designated as special needs routes (i.e. non-lift buses), a sixty-five (65) capacity or larger bus. In addition, a minimum fifty percent (50%) of non-lift buses in the GSA shall be seventy-seven (77) capacity or larger. Is the fifty percent (50%) requirement new? Answer: Yes Question: Section 3.1.13.3 (D). Any new replacement buses (body built date of 2019 and newer) shall be equipped with lap/shoulder belts for all passenger seating positions in accordance with Federal Motor Vehicle Safety Standard 222. Answer: Paragraph Section 3.1.13.3 (D) is revised to read as follows: Any new replacement buses (body built date of 2021 and newer) shall be equipped with lap/shoulder belts for all passenger seating positions in accordance with Federal Motor Vehicle Safety Standards 222. Question: Can we use the ACH payment option? Answer: Yes Page 3 of 6 RFQ/ITB-008-19/LM Student Transportation Services GSA -3 Addendum No. 1 Question: Can you please provide the current contract expiration date and the current live mile rate for each GSA? Answer: Contract 2018 - 2019 Contractor GSA End Dates PPM STA 1 07.31.24 $ 6.8041 STA 12 07.31.24 $ 6.8041 First Student 2 07.31.20 $ 4.8086 Durham 3 07.31.19 $ 5.1522 First Student 4 07.31.20 $ 5.3275 STA 5 07.31.27 $ 6.3345 Question: As discussed during the pre-bid meeting regarding the requirement of lap and shoulder belts required on all buses with a body build date of 2019 and newer as stated in Section 3.1.13.3 part D please clarify. The RFQ/ITB states that both or required, however it was stated during the pre-bid that the requirement is only for new buses purchased after the first year of the contract. Answer: Paragraph Section 3.1.13.3 (D) is revised to read as follows: Any new replacement buses (body built date of 2021 and newer) shall be equipped with lap/shoulder belts for all passenger seating positions in accordance with Federal Motor Vehicle Safety Standards 222. Question: There is a requirement for two more monitors than called out in the RFP Answer: There are currently two (2) alternative routes that require a monitor and the cost of the monitors should be included in your pricing. Question: New 2019 models buses brought in to begin the 201920 school year are exempt for the requirements of 3.1.13.3(D) relating to lap/shoulder belts? Answer: Paragraph Section 3.1.13.3 (D) is revised to read as follows: Any new replacement buses (body built date of 2021 and newer) shall be equipped with lap/shoulder belts for all passenger seating positions in accordance with Federal Motor Vehicle Safety Standards 222. Question: Are all extracurricular trips shown in Exhibit G or are there other requirements? Answer: Exhibit G does not include extracurricular trips funded by the schools. Page 4 of 6 RFQ/ITB-008-19/LM Student Transportation Services GSA -3 Addendum No. 1 Question: Please provide the average hourly wages for current bus drivers and monitors Answer: AVERAGE HOURLY RATES FY 18/19 OPERATOR HOURLY RATES PER CBA STL FSN DSS FSC STP Start $ 13.00 $ 13.10 $ 13.20 $ 13.10 $ 13.25 Year 2 $ 13.50 $ 13.30 $ 13.40 $ 13.30 $ 13.50 Year 3 $ 14.05 $ 13.80 $ 14.00 $ 13.80 $ 14.05 Year 4 $ 14.60 $ 14.55 $ 14.60 $ 14.55 $ 14.75 Year 5 $ 15.20 $ 15.55 $ 15.60 $ 15.55 $ 15.75 Year 6 $ 15.80 $ 19.00 $ 19.05 $ 19.00 $ 19.00 Year 7 $ 16.45 Year 8 $ 18.60 Average $ 15.15 $ 14.88 $ 14.98 $ 14.88 $ 15.05 MONITOR HOURLY RATES PER CBA STL FSN DSS FSC STP Start $ 8.25 $ 8.25 $ 8.25 $ 8.25 $ 8.35 Year 2 $ 8.50 $ 8.55 $ 9.15 $ 8.55 $ 8.75 Year 3 $ 8.90 $ 9.80 $ 10.40 $ 9.80 $ 9.90 Year 4 $ 9.30 $ 11.80 $ 12.00 $ 11.80 $ 11.80 Year 5 $ 9.70 Year 6 $ 10.10 Year 7 $ 11.30 Average $ 9.44 $ 9.60 $ 9.95 $ 9.60 $ 9.70 Page 5 of 6 RFQ/ITB-008-19/LM Student Transportation Services GSA -3 Addendum No. 1 Question: Please let me know how we are to set up the labels for both the RFQ and the ITB? Answer: Both the RFQ and the ITB should be in separate sealed and labeled envelopes. Each envelope should be labeled accordingly, i.e. RFQ or ITB. Question: MUTUAL TERMINATION FOR CONVENIENCE Attachment A-#3.1.4.2, Attachment D-#8: Would District consider clarifying the language in the termination for convenience provisions so that provisions are consistent and require the same amount of written notice? Answer: The requirements as stated in Section 3.1.4.2 shall govern with respect to termination for convenience. The District shall provide no less than three hundred (300) calendar days notice. Question: TERMINATION FOR CAUSE Attachment A-#3.1.4.1: Would District consider giving Contractor more than 10 days notice to complete the curing of any defaults before a termination for cause? Answer: No, the specification stands as written. Question: Termination for Lack of funding, 3.1.4.5: Would the District consider notifying Contractor sooner than the last day of the Contract, if the District does not have funding for services to be rendered in the following Contract Year in order to help Contractor offset costs in the event of an early termination. Answer: The specification stands as written. The District would only invoke this section in the unlikely and extreme event that funds became unavailable to pay for these needed contract services. Question: NON-PERFORMANCE DAMAGES General Conditions-#9, Exhibit B: Would District consider adding language to these sections so that District will notify the Contractor within a certain time frame of any alleged defaults or otherwise the defaults will be waived? Answer: The specification stands as written. Question: HOLD HARMLESS AGREEMENT Attachment A-#3.1.8; Performance Bond: Would District consider modifying this provision so that Contractor will be liable for only those damages Contractor causes? Answer: The specification stands as written. Question: SERVICE LEVEL CHANGES Attachment A-p.5-#1.3.5, #3.1.11.5 & #3.1.11.6 & #3.1.11.7 & #3.1.11.8: Would District consider additional language in these Sections to Page 6 of 6 RFQ/ITB-008-19/LM Student Transportation Services GSA -3 Addendum No. 1 provide for rate adjustments for service-level changes not initially anticipated in the final contract and that result in a material increase or decrease of services? Would District allow language in the Agreement to allow Contractor to pass through labor, travel, and expense costs in the event of a driver shortage? Answer: The specifications stand as written. Any change orders requested after award would require mutual agreement and are not anticipated to be approved at this time. Question: INSURANCE INFORMATION Attachment A-#3.1.7.1., p.34-#1(b): Would District consider adding language here that limits insurance claims to those arising under the Agreement? Can Contractor only waive the subrogation clauses in its insurance coverage to the extent that damages are caused by Contractors own conduct? Answer: The specifications stand as written. Question: FORCE MAJEURE Attachment A-#3.1.4.4: Would District consider clarifying the force majeure clause to excuse Contractor from performance for events outside its control, such as labor shortages, strikes, inclement weather, etc? Answer: The Specifications stand as written. Question: DISPUTE RESOLUTION Attachment A-#3.1.8 and #3.1.9: Can District clarify its requirement that each party shall be responsible for its own attorneys fees in the event of a dispute? Would District consider including a dispute resolution clause in the final contract that would be beneficial to both parties and would allow for mediation after all good faith efforts to resolve any disputes that may arise? Answer: The specifications stand as written. Question: TERMINATION FOR LACK OF FUNDING Special Conditions-#8, Attachment D-#4 Would District consider including language to allow for more notice to Contractor if funds appropriated annually by the Florida Legislature are no longer available? Answer: The specifications stand as written. RFQ/ITB-008-19/LM Page 1 of 59 DUVAL COUNTY PUBLIC SCHOOLS PURCHASING SERVICES 1701 Prudential Dr. Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 September 5, 2018 Request for Qualifications/Invitation to Bid (RFQ/ITB) STUDENT TRANSPORTATION SERVICES GSA 3 RFQ/ITB-008-19/LM PROCEDURAL TIMELINES AND RELEVANT INFORMATION Duval County Public Schools (the District) has developed a Request for Qualifications/Invitation to Bid (RFQ/ITB) package for Student Transportation Services and invites your firm to respond. The purpose of this communication is to provide information regarding the RFQ/ITB process. As indicated above, this solicitation is a two-step bidding process. Each Respondent is to submit a complete qualification package, and a separate price per mile offer. The offers of all Respondents determined to be qualified will be considered. There will be a recommended Information Conference held at the Duval County Public Schools Transportation Services Auditorium, 129 King Street, Jacksonville, Florida on Monday, September 24, 2018 at 9:00 a.m. (Eastern Time). The deadline for submission of responses is 2:00 p.m. (Eastern Time) on Friday, October 12, 2018. All responses must be delivered to: Purchasing Services, (Suite #322),1701 Prudential Dr. Jacksonville, FL 32207. Responses received after the established date and time or at any other location will not be considered. Questions regarding this schedule may be directed to Mr. Louis Mitchum, Purchasing Services at mitchuml@duvalschools.org. RFQ/ITB-008-19/LM Page 2 of 59 TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS I. GENERAL INFORMATION 1.0 Introduction 1.1 General Information about the District 1.2 District Objectives 1.3 Definitions 1.4 Fuel 1.5 Award 1.6 Contract Documents: Priority of Documents; Construction of Documents 1.7 Contract Term 1.8 Consumer Price Index 1.9 Equal Opportunity Compliance 1.10 Gratuities and Kickbacks 1.11 Public Records Law 1.12 Public Entity Crimes 1.13 Dispute 1.14 Instructions to Respondents 1.15 Ex Parte Communications 1.16 Contract Agreement 1.17 Disclosure of Former District Employees II. SUBMITTALS / PRE QUALIFICATION 1. Required Respondent Profile (Attachment A) 2. Office of Economic Opportunity Policy and Proposed Schedule of Participation Form (Attachment B) 3. References / Experience / Service History 4. Financial Information 5. Human Resource Administration 6. Fleet Plan 7. Staff / Safety Training 8. Facility Plan 9. Drug / Alcohol Testing Plan 10. Bid Bond / Irrevocable Letter of Credit III. SCOPE OF SERVICES / CONTRACTOR REQUIREMENTS 3.0 General 3.0.1 Facilities 3.0.2 Standard Operating Procedures (SOP) 3.0.3 Status of CONTRACTOR 3.0.4 Legal Awareness and Compliance 3.0.5 Office of Economic Opportunity 3.0.6 Permits and Licenses 3.0.7 Records and Reports 3.0.8 Bonds/Irrevocable Standby Letters of Credit 3.0.9 General and Managerial Personnel 3.0.10 Back-Up Personnel 3.0.11 School Bus Monitor Requirement 3.0.12 School Bus Operator / School Bus Monitor Certification 3.0.13 Required Attire 3.0.14 Standard of Conduct 3.0.15 Suspension / Termination / Reassignment of School Bus operators / School Bus Monitors 3.0.16 Personnel Records 3.0.17 Substitutions RFQ/ITB-008-19/LM Page 3 of 59 3.0.18 Radio Communication 3.0.19 Communication with the Public / District 3.0.20 Notices 3.0.21 Time of the Essence 3.1 BUSINESS 3.1.1 Tax Responsibility 3.1.2 Assignment of Contract or Payment; No Third Party Beneficiaries 3.1.3 Contract Extension and Emergency Service 3.1.4 Cancellation of Award / Termination 3.1.5 Default 3.1.6 Severability; Survival; Forum; Venue 3.1.7 Insurance Requirements 3.1.8 Indemnification / Hold Harmless Agreement 3.1.9 Attorneys Fees and Costs 3.1.10 Fuel 3.1.11 CONTRACTOR Compensation 3.1.12 Collection of Florida Education Funding Program (FEFP) Data 3.1.13 Bus Fleet Inventory 3.1.14 Bus Equipment 3.1.15 Bus Numbering and Lettering 3.1.16 Bus Inspections 3.1.17 Bus Fleet Maintenance 3.1.18 Retiring Buses 3.2 OPERATIONS 3.2.1 Basic Transportation Service 3.2.2 Supplemental Transportation Service 3.2.3 Drug / Alcohol Testing 3.2.4 Eligible Riders 3.2.5 Exceptional Education Routing 3.2.6 Routing - Regular, Magnet and Special Programs 3.2.7 Ridership Notification 3.2.8 Student Management 3.2.9 Safety and Emergencies ATTACHMENTS Attachment A - Respondent Profile Attachment B - Office of Economic Opportunity Proposed Schedule of Participation Form Attachment C Fleet Plan Attachment D Federal Forms EXHIBITS Exhibit A - Supplemental Transportation Service Pricing Exhibit B Performance Guarantee Exhibit C Safe Driver Plan Exhibit D Route Information Exhibit E Sample Standard Form Contract Exhibit F Sample District Performance Bond Exhibit G - Historical Data RFQ/ITB-008-19/LM Page 4 of 59 INVITATION TO BID DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services 1701 Prudential Dr. Suite 322 Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 _____________________________________________________________________________ September 5, 2018 REQUEST FOR QUALIFICATIONS (RFQ) FOR STUDENT TRANSPORTATION SERVICES GSA 3 RFQ/ITB-008-019/LM I. GENERAL INFORMATION: 1.0 INTRODUCTION: 1.0.1 Duval County Public Schools (the District) is issuing this Request for Qualifications (RFQ) as well as the accompanying Invitation to Bid (ITB) to interested firms for the purpose of selecting a qualified provider for student transportation services. Both the response to the RFQ and the response to the ITB shall be submitted at the same time in SEPARATE SEALED ENVELOPES. The resulting contract will be with an individual company (the CONTRACTOR) for the provision of all required Student Transportation Services for a designated area of the District. This two-step process is further described in Section 1.14 of this document. 1.0.2 The District seeks a firm that has experience providing the same or similar services to school districts, municipalities and governmental entities and desires to enter into a multi-year contract with the District for such services. 1.0.3 The selected Respondent will be required to execute a standard form contract as adopted by the District, for use with this contract for services. A copy of a sample standard form contract is attached hereto for information purposes only. (Exhibit E). 1.0.4 The contract resulting from this process will be for the provision of school buses and personnel for Basic Transportation Services, Supplemental Transportation Services, and Summer Program Transportation Services as needed (refer to definitions in Section 1.3). 1.0.5 The District is divided into Geographic Service Areas (GSAs). Each of these areas is comprised of a variable number of bus routes. Currently, the District is soliciting bids for GSA 3 (Mandarin/Southside). Although subject to change (and specifically, the following shall not be deemed a guaranty of volume except for any permitted adjustments described in section 3.1.11.6.B below), the number of routes and miles for this solicitation is: 1.0.6 GSA 3: Mandarin / Southside 194 routes (2,250,648.0 miles); this information is current as of September 5, 2018. These miles are daily route miles for Basic Transportation Services. Refer to sections 1.3.5, 1.3.6, and 1.3.7 for service definitions. The number of regular (non-ESE) routes is 143. The number of special needs (ESE) routes is 51. RFQ/ITB-008-19/LM Page 5 of 59 1.1 GENERAL INFORMATION ABOUT THE DISTRICT: 1.1.1 The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by District school officials in accordance with Florida Statutes. The School Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of District public schools. 1.1.2 The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of State and Federal laws and regulations, State Board of Education Rules, and School Board policies. 1.2 DISTRICT OBJECTIVES: To deliver safe, reliable, efficient and cost effective transportation services to the Duval County Public Schools community. 1.3 DEFINITIONS: 1.3.1 District: When used in this document, the word District will be intended to denote the geographic area or the organization's administrative staff, dependent upon the context in which they are used. The words "School Board, or The School Board of Duval County, Florida will be intended to denote the elected body of governing officials for the entity, unless the context includes the District. 1.3.2 CONTRACTOR: Represents all references to the awardee. 1.3.3 Respondent: Any individual, sole proprietorship, firm, corporation or other entity who submits an offer for materials and/or services (as the basis for award of contract) in response to a RFQ/ITB. At times in context, Respondent may mean the intended CONTRACTOR. 1.3.4 SUBCONTRACTOR: An entity with a contractual relationship to a CONTRACTOR who the CONTRACTOR proposes to use to perform a portion of its obligations. 1.3.5 Basic Transportation Services: The safe and efficient transportation of any and all pupils, who are designated by the District to be transported, between school and home and/or school and school (daily shuttles and additional service trips included). Such transportation shall be provided for each and every day that school is convened and in accordance with bus routes and schedules prepared by the District. Currently, the operation days for all schools are 180 days, which may be increased or decreased as determined to be in the best interest of the District or as required by law. The CONTRACTOR shall only invoice for the days services are rendered, and the District shall be liable to pay only for the days services are rendered. 1.3.6 Variable Transportation Services: Variable services are transportation services in addition to Basic Transportation Services and includes services that may or may not occur daily. These include, but are not limited to, Gifted services, Community Based Instruction (CBI) services, Community Based Vocational Instruction (CBVI) services, Speech services and Early Release. Variable services are compensated at the same contracted price per mile (PPM) as Basic Transportation Services. 1.3.7 Supplemental Transportation Services: The safe and efficient transportation of any and all pupils or other authorized persons as may be requested by the District for after-school activity trips, field trips, athletic activities, special or additional services, or any other purpose designated by the District (Exhibit A). 1.3.7.1 Field Trip: Any service requested by a school to transport students to/from a curriculum related location, athletic event, or other location and return to the school. RFQ/ITB-008-19/LM Page 6 of 59 1.3.7.2 After School Activity Trip: Any service transporting students from school to home after regular dismissal time in the PM, including programs like TEAM UP. 1.3.7.3 Additional Service: 1.3.7.3.1 Any operations related service that does not fall within the scope of basic service, field trip, or after-school activity trip. 1.3.7.3.2 Any administrative type service initiated through the Director of Transportations office. 1.3.7.3.3 Any additional school days/partial school days (Saturday school, etc.) that are not included in the 180-day school schedule. 1.3.7.3.4 Special program trips are any additional school days/partial school days, Saturday school, and independent school program. 1.3.8 Summer Program Transportation Services: An extension of the regular school term defined the same as Basic Transportation Services, and including summer school. The days of operation may vary from year to year. 1.3.9 Irrevocable Standby Letter of Credit: Letter of credit that represents an obligation by the issuing bank to a designated third party (the beneficiary), that is contingent on the failure of the bank's customer to perform under the terms of a contract between the banks customer and the beneficiary. 1.3.10 School Board: The words "School Board," or The School Board of Duval County, Florida will be intended to denote the elected body of governing officials for the entity , unless the context includes the District. 1.3.11 Stop: The location of the pick up or drop off point for student(s). 1.3.12 Trip: A group of stops or distance traveled from one location to another (i.e. from stops to school, from school to stops, or from school to school). 1.3.13 Route: A recurring group of trips assigned to make up a route. Routes shall be divided into both AM and PM trips. 1.3.14 Essential Unloaded Mileage: AM: During the course of any route, the mileage from the drop off of students at the last school on the trip to the first student pick up for the next trip. PM: During the course of any route, the mileage from the last student dropped off on a trip to the next school on the route. 1.3.15 Non-essential Unloaded Mileage: AM: During the course of any route, the mileage from the bus compound to the first student stop or from the last school back to the bus compound. PM: During the course of any route, the mileage from the bus compound to the first school or from the last student stop back to the bus compound. PM: If a bus has a supplemental trip such as an after-school activity trip or field trip after the finish of the daily route and does not return to the compound, the mileage from the last student stop back to the school is also considered non-essential unloaded mileage. RFQ/ITB-008-19/LM Page 7 of 59 1.3.16 Bus Capacity: The passenger seating of a bus is defined as the manufacturer's rating of seating capacity for a bus with no seats removed. Seats removed for wheelchair space will not reduce the seating rating of a bus. 1.3.17 Back-Up Bus: Any bus in the CONTRACTOR's fleet, meeting the same specifications and age requirements as those of the daily route fleet, but is utilized to perform service in the event a daily route bus is "out of service" for any reason, or for Supplemental Transportation Service. 1.3.18 Contracted Price Per Mile: The price per mile awarded to the CONTRACTOR. 1.3.19 Business Cycles: There are 180 school days. Each Business Cycle is comprised of 20 school days for a total of 9 Business Cycles (Cycles 2 through 10) during the regular school year. The summer break is broken into Cycle 11 which covers from the end of school through June 30 th and Cycle 1 which covers July 1st through the first day of the new school year. 1.3.20 Contract Year: A Contract Year shall be defined as the period from August 1st through July 31st, except that the last Contract Year shall end on the day prior to the first day of that years regular school year. 1.3.21.1 Idling Policy: Idling Limits at Loading/Unloading Locations and Exceptions 1.3.21.2 District staff/CONTRACTOR staff supervising any school bus loading zone where students are loaded or unloaded, shall not allow or cause any school bus to idle for a period greater than 5 minutes while waiting at such location to load or unload. 1.3.21.3 The 5-minute rule also applies to all pick up and/or drop off drop off locations for field trips, charters, and after school activity trips where buses are transporting students and/or adults (includes all out-of-county locations). 1.3.21.4 Idling limits should not apply for periods where: 1.3.21.4.1 A school bus idles while forced to remain motionless because of an official traffic control device or at the direction of a law enforcement official. 1.3.21.4.2 A school bus idles solely to prevent a true safety or health emergency. 1.3.21.4.3 A school bus engine idles for emergency repairs or diagnostic purposes, but only to the extent that idling is necessary for such activity. 1.3.21.4.4 A school bus engine idles for more than 5 minutes due to remote incidences of extreme weather; but only to the extent necessary for the health, safety or wellbeing of the students and/or staff. 1.4 FUEL: The District shall purchase at its own cost, inclusive of all fuel taxes, fuel required for basic and operations related service as set forth in 3.1.10. The CONTRACTOR will provide fuel for field trips, after school activity trips, and administrative type service trips and any additional fuel not paid by the District per section 3.1.10. In the event a Respondent is qualified to submit a bid, be aware that the cost of fuel shall not be included in the bid proposal. Respondents shall consider any costs they may incur for unallocated fuel when responding to pricing. Allocated fuel may be bio-diesel or red dye diesel, at the Districts option as cost and availability permit. Other alternative fuels may also be used, subject to the consent and agreement of both parties. The CONTRACTOR is encouraged to implement the use of alternative fuels where possible. 1.5 AWARD: 1.5.1 Award will be by GSA. The District reserves the right to: (1) accept bids of any or all of the items it deems, at its sole discretion, to be in the best interest of the District; and (2) the District reserves the right to reject any and/or all bids. RFQ/ITB-008-19/LM Page 8 of 59 1.5.2 It is the intent of the District to preclude award to any CONTRACTOR for all GSAs contracted simultaneously (such that only one CONTRACTOR would provide transportation services to the entire District). However, if any qualified Respondent is the sole bidder for a GSA, or the second low bid exceeds the low bid by five percent (5%) or more for the GSA under consideration, the District reserves the right to waive this limitation and make an award that is based on the best interest of the District. Notwithstanding the foregoing, however, any single CONTRACTOR shall not be awarded all GSAs. 1.6 CONTRACT DOCUMENTS; PRIORITY OF DOCUMENTS; CONSTRUCTION OF DOCUMENTS: 1.6.1 A contract shall be released, after award, for any work to be performed as a result of this two-step process. The RFQ, ITB, bid, qualification proposal, addenda, Attachments, Exhibits, Contract form in Exhibit E, approved change orders, Standard Operating Procedure (SOP) directives, and performance bond/standby letter of credit and corresponding purchase order(s) shall constitute the contract documents between the parties. 1.6.2 In the event of a conflict or ambiguity among the contract documents, then precedence shall be given in the following order: approved change order, SOP directive, the Contract, Addenda, RFQ, Performance Bond/Standby Letter of Credit, ITB, the Bid, Qualification Proposal, and Attachments and Exhibits lastly. 1.6.3 In the event of a conflict or ambiguity in the contract documents, the contract provisions shall not be construed more strongly against any party regardless of who was more responsible for its preparation. 1.6.4 The parties agree that the contract documents described herein represent the entire agreement between the parties, may only be amended by a written agreement signed by both parties except as may be expressly provided in this RFQ, and supersedes all prior or contemporaneous oral or written agreements and understandings with respect to the matters covered by the Contract. 1.7 CONTRACT TERM: 1.7.1 The Contract for GSA 3 will be for an initial term of five (5) years (through July 31, 2024), and may be renewed under essentially the same terms and conditions as the original contract for five (5) additional one (1) year renewals with written consent and agreement of both parties. 1.7.2 With respect to the five (5) potential one (1) year renewals, the CONTRACTOR shall send written notice to the District if the CONTRACTOR does not agree to the next annual renewal. CONTRACTORs written notice must be delivered to the District no later than fifteen (15) months prior to the renewal period (e.g., the deadline is May 1, 2023 for CONTRACTORs written notice to the District to not renew for the 2024-25 renewal year which is the first of five annual renewals). If the CONTRACTOR fails to timely deliver its notice of non-renewal, then the Contract may be renewed at the districts sole discretion according to the terms of the Contract, it being understood that CONTRACTOR does not have any additional options to cancel renewal terms. The total potential term of the Contract, including all potential renewals, shall not exceed ten (10) years. See Section 1.3.20 (definition of Contract Year) for the term of the last Contract Year. Any notice delivered pursuant to this section must conform to the requirements set forth in section 3.0.20 hereafter. RFQ/ITB-008-19/LM Page 9 of 59 1.8 CONSUMER PRICE INDEX: 1.8.1 The contracted price per mile in the initial Contract Year for Basic Transportation Services and Summer Program Transportation Services will be used and adjusted for subsequent Contract Years using the initial Contract Year rates as follows. Commencing on the second Contract Year of the Initial Term, and each Contract Year thereafter (including any Renewal Term) the rates will be adjusted by either a 1.5% increase or the change in the CPI Index (as defined below), whichever is greater. There may be a normal time delay in reporting price change data, which delay (if any) might necessitate retroactive adjustments in the payments arising under the Contract rates for any Contract Year as adjusted pursuant to this section. If there is a decline in the CPI for any given year, compensation will not be reduced and the rate for the immediately prior Contract year will be maintained. As used in this section: 1.8.1.1 "CPI" means the Consumer Price Index for all Urban Consumers (CPI-U): U.S. city average, all items (1982-84=100), not seasonally adjusted, as published by the Bureau of Labor Statistics, United States Department of Labor (or the replacement index therefore published by the Bureau of Labor Statistics or its successor if the Consumer Price Index has been discontinued, or if there is no such replacement index, a reasonably comparable index selected by the District). 1.8.1.2 Commencing on the annual anniversary of the Contract, the contracted price per mile (PPM) for the next Contract Year will be the contracted PPM from the initial Contract Year adjusted as follows. Using the CPI published as of May 31, 2019 as the Basic Index, the contracted PPM will be adjusted to the quotient obtained by dividing (C) into the product of (A) multiplied by (B), where (A) is the CPI as of May 31, 2020 in the immediately preceding Contract Year for which the adjustment is being computed; where (B) is the contracted PPM for the initial Contract Year (prior to any adjustment) and where (C) is the Basic Index. 1.8.2 Calculations; The result of that calculation will determine the new rate set forth in the Contract for the upcoming Contract Year. For example, to calculate the first CPI adjustment for the Contract year commencing August 1, 2020 assuming the initial Contract Year rate is $5.0000, and assuming the Basic Index (May 31, 2019 CPI) is 177, and assuming that May 31, 2020 CPI is 181, then the following applies. Year 2: (A = 181) X (B = $5.0000) = $5.1130 (C=177) The calculation for Year 3 assuming the May 31, 2021 CPI is 185, the following applies: Year 3: (A = 185) X (B = $5.0000) = $5.2260 (C=177) 1.8.3 When the rate is adjusted under these provisions, the District will provide a detailed written statement of the Districts calculations pursuant to this Section. The rate adjustment pursuant to this Section will be rounded to the same level of detail as the rate set forth in the initial Contract Year. Fifteen (15) days will be given to specify in writing to the District any reasonable objection to such calculation as set forth in this Section, and in the event no objection is made, then the rate adjustment will be conclusive. In the event of reasonable disagreement regarding the calculation in accordance with this Section, the District will continue to pay the prior Contract Year rate until such disagreement is resolved, in which case, the District will pay the difference as reasonably agreed upon by the parties (such agreement to be conclusive). In the event the parties cannot reach a reasonable agreement within sixty (60) days, then the Superintendent's designee will conclusively determine the issue. 1.8.4 Rate adjustments for Supplemental Transportation Services will be made at the same intervals as Basic Transportation Services and Summer Programs. The base year field trip index was set in 2006 when the initial field trip hourly rate was established. This hourly rate is $18.50 and will be RFQ/ITB-008-19/LM Page 10 of 59 used annually in the calculation to establish the new field trip hourly rate. The formula used for field trip price escalation is the same as the CPI calculations described in 1.8.1.2 above. The current year (May 31) index (A) is multiplied by the base year price (B) and that product is divided by the base year index (C). Additional field trip information is available in Exhibit A. 1.9 EQUAL OPPORTUNITY COMPLIANCE: Respondents affirm by submitting their responses they are equal opportunity and affirmative action employers and shall comply with all applicable Federal, State and local laws and regulations. 1.10 GRATUITIES AND KICKBACKS: 1.10.1 Any employee or any official of the District, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from, any person, partnership, firm or corporation, offering, proposing for, or in the open market seeking to make sales to the District, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. 1.10.2 Every person, firm, or corporation offering to make, or pay, or give, any rebate, percentage of contract, money, or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, to any employee or official of the District, elective or appointive, in his efforts to proposal for, offer for sale, or to seek in the open market to make sales to the District, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. 1.10.3 It is the policy of the District to not accept gifts, gratuities, or favors of any kind or of any value whatsoever from vendors, members of the staff, or families. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, company, corporation, individual for firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of the Contract. CONTRACTOR further warrants that it, nor any of its directors, employees, officers or agents, nor any of CONTRACTORs respective subsidiaries or affiliates, has taken, is currently taking or will take any action in furtherance of an offer, payment, promise, gifts or anything else of value, directly or indirectly, to anyone to improperly influence or otherwise secure any improper advantage in procuring business in relation to the Contract. For the breach or violation of these provisions, the District shall have the right to terminate the Contract without liability and/or, at its discretion, to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 1.11 PUBLIC RECORDS LAW: 1.11.1 Pursuant to Florida Statutes Chapter 119, responses received as a result of this RFQ or the subsequent ITB shall not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all Respondents in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. 1.11.2 It shall be the sole responsibility of the awarded CONTRACTOR to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the contract awarded by the District. 1.11.3 The Contract shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. CONTRACTOR understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, RFQ/ITB-008-19/LM Page 11 of 59 Florida Statutes, CONTRACTOR agrees to: 1.11.3.1 Keep and maintain public records required by the District in order to perform the service. 1.11.3.2 Upon request from the Districts custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. 1.11.3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the District. 1.11.3.4 Upon completion of the Contract, transfer, at no cost, to the District all public records in possession of CONTRACTOR or keep and maintain public records required by the District to perform the service. If CONTRACTOR transfers all public records to the District upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. 1.11.3.5 CONTRACTOR shall keep records to show its compliance with this Agreement. CONTRACTORS and SUBCONTRACTORS must make available, upon request of the District, a Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The CONTRACTOR shall retain all records relating to this Agreement for five (5) years after final payment is made or received and all pending matters are completed. 1.11.3.6 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (DIRECTOR OF TRANSPORTATION) AT THE ADDRESS AND PHONE NUMBER BELOW; DUVAL COUNTY PUBLIC SCHOOLS 129 KING STREET JACKSONVILLE, FL 32204 904.858.6251 RFQ/ITB-008-19/LM Page 12 of 59 1.12 PUBLIC ENTITY CRIMES: 1.12.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not; 1.12.1.1.1 Submit a bid/proposal on a contract to provide any goods or services to a public entity. 1.12.1.1.2 Submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work. 1.12.1.1.3 Submit bids/proposals on leases of real property to a public entity. 1.12.1.1.4 Be awarded or perform work as a CONTRACTOR, supplier, SUBCONTRACTOR, or consultant under a contract with any public entity. 1.12.1.1.5 Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 1.12.2 The Respondent certifies by submission of a response, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When requested, the CONTRACTOR will execute and deliver to the District the appropriate federal debarment certification form within three (3) business days. 1.13 DISPUTE: 1.13.1 Any actual or prospective bidder, proposer or CONTRACTOR who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support (formerly Associate Superintendent Administration and Business Services), or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after bid opening or after recommendation of award, if not to the apparent low bidder, or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. 1.13.2 The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the 4th calendar day immediately following the bid opening or receipt of notice of intent to award recommendation as is appropriate. 1.13.3 If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next District work day. Protests shall be presented with specificity, and every issue shall be fully documented. 1.13.4 The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. 1.13.5 The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. 1.13.6 All bidders or offerors shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. 1.13.7 The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. RFQ/ITB-008-19/LM Page 13 of 59 1.13.8 The Hearing Officer shall issue his/her decision within five (5) working days of the completion of the protest hearing. 1.13.9 The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. 1.13.10 The District does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any bidder or offeror utilizing delivery by fax shall assume the risk associated with incomplete delivery or nonreceipt. 1.13.11 Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the prospective bidder or offeror but no later than 10 days prior to the date of bid opening or proposal due date. 1.14 INSTRUCTIONS TO RESPONDENTS: 1.14.1 THE RFQ AND ITB DOCUMENTS WILL BE REVIEWED IN DETAIL AT AN INFORMATION CONFERENCE HELD IN THE AUDITORIUM AT 129 KING ST., JACKSONVILLE, FLORIDA ON MONDAY SEPTEMBER 24, 2018 AT 9:00 A.M. (Eastern Time). 1.14.2 Potential Respondents are advised to hold all comments, questions and items for clarification until the Information Conference. Potential respondents are strongly encouraged to attend the Information Conference to help inform and prepare them with any contract document clarifications discussed at that time. 1.14.3 All responses to the RFQ and ITB must be received no later than 2:00 P.M. (Eastern Time) on Friday, October 12th, 2018. If a response is transmitted by US Mail or other delivery medium, the Respondent shall be responsible for its timely delivery to Purchasing Services (Suite #322), 1701 Prudential Dr., Jacksonville, FL 32207. 1.14.4 Any response received after the stated time and date or at any other location, will not be considered and will retained by the District and then returned unopened to the originator after the Districts award of the Contract. 1.14.5 One manually signed original, two (2) exact photocopies and six (6) exact flash drive copies (in PDF file format) of the complete RFQ response must be sealed in a single envelope and clearly marked, "RESPONSE TO REQUEST FOR QUALIFICATIONS - STUDENT TRANSPORTATION SERVICES GSA 3" on the outside of the package. One manually signed original of the response to the ITB must be sealed in a SEPARATE envelope clearly marked, "RESPONSE TO INVITATION TO BID" - STUDENT TRANSPORTATION SERVICES GSA 3" and submitted at the same time. Once accepted, all original responses and any copies of responses become the sole property of the District and may be retained by the District or disposed of in any manner the District deems appropriate. 1.14.6 All responses must bear the signature of an officer or employee having authority to legally bind the responding firms. 1.14.7 NOTE: It is the sole responsibility of each Respondent to assure all copies are identical to the original, including any supplemental information. Flash drive copies will be utilized by the Committee for the purpose of qualification. 1.14.8 Any information contained in the original RFQ response which has not been transferred to the flash drives or photocopies may NOT be considered. The original document will be used solely for official record keeping and audit purposes. RFQ/ITB-008-19/LM Page 14 of 59 1.14.9 Responses not conforming to the instructions provided herein will be subject to disqualification at the sole discretion of the District. Any exceptions to the terms and conditions of this solicitation made by any Respondent are not accepted. 1.14.10 The District anticipates the following time schedule in completion of the process with the intended result of selection of the contracted service provider: September 5, 2018 - Date of distribution September 24, 2018, 9:00 a.m. Recommended RFQ/ITB Information Conference September 28, 2018, 2:00 p.m. - Deadline for submission of questions and requests for clarification October 12, 2018, 2:00 p.m. - Opening of RFQ responses (ITB responses to remain sealed at this time) October 17, 2018, by 2:00 p.m. Notification to qualified and non-qualified Respondents (Notification shall be affected by email and manual posting at the Districts office at 1701 Prudential Drive) October 23, 2018, by 12:00 noon - Deadline for submission of bid security October 25, 2018, 2:00 p.m. - Opening of ITB responses from qualified firms December 4, 2018 - Anticipated date of award by School Board August 1, 2019 - Anticipated effective date of Contract August 12, 2019 Service/School Year begins 1.14.11 All questions and requests for clarification from potential Respondents shall be submitted in documented format to Mr. Louis Mitchum, Supervisor, Purchasing Services. Such requests may be e-mailed to mitchuml@duvalschools.org. Questions submitted subsequent to the deadline as shown above will not be addressed. 1.14.12 Additions, deletions or modifications to information contained in the RFQ or ITB as a result of questions received will be presented to all potential Respondents by means of a written addendum, if necessary. 1.14.13 No verbal or written information that is obtained other than by information in this document or by addendum to this RFQ or ITB will be binding on the District. 1.15 EX PARTE COMMUNICATIONS: 1.15.1 Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFQ with District personnel involved with or related to the RFQ, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents proposal. 1.15.2 Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFQ with Board members is also prohibited and will result in the disqualification of the Respondent. 1.15.3 Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective Respondent are necessary for, and solely related to, the ordinary course of business concerning the Districts existing contract(s) for the materials or services addressed in this RFQ (but in no event shall any existing vendor intending to submit a bid initiate communications to any member(s) of the School Board of Duval County, Florida; it being understood such communication initiated by a vendor under these circumstances would not be in the ordinary course of business). mailto:mitchuml@duvalschools.org RFQ/ITB-008-19/LM Page 15 of 59 1.16 CONTRACT AGREEMENT: 1.16.1 Execution of Contract. Upon award, a Contract will be executed substantially in the form of Exhibit E. CONTRACTOR agrees to execute all required forms, including but not limited to the Federal Forms in Attachment D. 1.16.2 Transition Assistance. In the event the resulting Contract is terminated, not renewed or naturally expires, the CONTRACTOR agrees that the District may provide written notice to the CONTRACTOR retaining the CONTRACTOR for a month-to-month basis on the same terms and conditions set forth in the agreement. Such month-to-month services shall continue until the District has established a replacement Student Transportation Services contract. In any event, these services will not be required to continue for a period of time exceeding six (6) months. 1.17 DISCLOSURE OF FORMER DISTRICT EMPLOYEES: Pursuant to District Policy all bidders, proposers, consultants, and CONTRACTORs are required to disclose the names of any of their officers, directors, agents, or employees who serve as agents or principals for the bidder, proposer or CONTRACTOR, and who within the last two (2) years, have been or are employees of the District. And all bidders, proposers, consultants, and CONTRACTORs are required to disclose the name of any District employee who owns, directly or indirectly, any interest in the CONTRACTORs business. Such disclosures will be in accordance with current District policies, but will include, at a minimum, the name of the former District employee, a list of the positions the employee held in the last two (2) years of his or her employment with the District, and the dates the employee held those positions. By its signature of the Contract, CONTRACTOR will be deemed to have certified to the District that there are no names to disclose to the District pursuant to this section, unless CONTRACTOR provided the names in an addendum to EXHIBIT A (Respondent Profile) when CONTRACTOR submitted its response to the RFQ. II. SUBMITTALS/PRE-QUALIFICATION: Each Respondent should submit sufficient information to allow an assessment of its capacity, resources, experience, planning capability and financial status to successfully manage and operate a large-scale student transportation services program. The determination of whether or not a Respondent is qualified to participate in the next phase of solicitation will be based upon this information. Categorical qualification assessments will be performed in accordance with District guidelines. With the exception of minor errors or omissions, as determined by the District, failure on the part of any Respondent to submit sufficient information in any area below to allow an assessment of the firms ability to successfully perform the Contract, if awarded, including documented efforts to secure Office of Economic Opportunity (OEO) goals, may render the Respondent non- responsive and the Respondent may be deemed disqualified for further consideration. Respondents who fail to obtain an acceptable determination may be deemed unqualified. The operational sufficiency of any plan or submission will not be evaluated in the qualification phase. The successful CONTRACTOR shall obtain approval for all final reports, plans and submittals from the Districts Director of Transportation on a schedule to be determined. This includes, but is not limited to: implementation timelines, operation progress reports and transition scheduling. RFQ/ITB-008-19/LM Page 16 of 59 ITEMS FOR SUBMITTAL ARE IDENTIFIED ON THE FOLLOWING PAGES. RESPONDENTS ARE ENCOURAGED TO USE THE CHECKLIST PROVIDED ON THESE PAGES TO ASSURE THEY HAVE ADDRESSED ALL CATEGORIES IN THEIR RESPONSE. ITEM CHECKLIST: 1) Respondent Profile (Attachment A) with all information completed and all signatures as specified. 2) Office of Economic Opportunity Policy and Proposed Schedule of Participation Form (Attachment B) with information completed and signatures as specified. 3) References/Experience/Service History Provide at least three (3) references concerning the level of experience (contract history/current contracts) involving student transportation over the last five (5) years, with at least one (1) current or previous contract with a volume utilizing at least eighty (80) buses operating on a recurring daily/weekly basis for a twelve month or one-school year period. The Respondent shall have been the primary CONTRACTOR and utilizing the Respondents buses. Both public and private transportation experiences will be considered. The District may not be used as a reference. The District reserves the right to investigate all references and to take steps as necessary to determine the ability of the Respondent to perform the work in a safe, prompt and efficient manner as outlined herein. Complete and submit Client Information, Section 14 of Attachment A. 4) Financial Information Provide audited financial statements for the company (in U.S. Dollars) for the last two (2) fiscal years of operation. Audited financial statements shall include for each year: A balance sheet; A statement of cash flow; An income statement; The independent auditors opinion letter; The notes to the financial statement The financial information provided will be reviewed to determine the Respondents overall financial health. An assessment of working capital will also be performed to determine the Respondents ability to finance the necessary capital purchases for performance of the Contract. 5) Human Resource Administration Provide a set of company standards and guidelines for school bus operators and school bus monitors, mechanics, school bus operator trainers, managers, and administrators to include, but not be limited to details about the screening practices, hiring practices, employee qualifications and experience, details of the employee retention plan, the specifics of the benefit package to be offered, and availability of trained school bus operators/school bus monitors for timely use. Provide the current organizational chart of the company. Provide the plan for proper staffing of school bus operators/school bus monitors relative to the Districts operation. Job descriptions for administrative staff. 6) Fleet Plan (Attachment C) with all information completed, as specified. NOTE: The District reserves the right to require a supplier commitment letter for proposed purchase of buses prior to the determination of pre-qualification. RFQ/ITB-008-19/LM Page 17 of 59 7) Staff/Safety Training Provide a plan for school bus operator/school bus monitor training relative to the Districts operation. Provide a current school bus operator/school bus monitor safety and training manual. 8) Facility Plan Provide a plan to store and maintain equipment and buses relative to the Districts operation, as well as, dispatch and manage operations from a facility(s) located in accordance with Section 3.0.1.1. 9) Drug/Alcohol Testing Plan Submit the company policy and procedure relating to all phases of testing: pre-employment, random, reasonable suspicion, post-accident, and return-to-duty and follow-up testing. 10) Bid Bond/Irrevocable Letter of Credit Provide a Bid Bond or Irrevocable Standby Letter(s) of Credit in the amount of $200,000.00 in accordance with Section 3.0.8 of this document. RFQ/ITB-008-19/LM Page 18 of 59 III. SCOPE OF SERVICES/CONTRACTOR REQUIREMENTS: 3.0 GENERAL: The CONTRACTOR shall supply and maintain such number of school buses and personnel as are required to fulfill the Districts needs for Basic Transportation Services, Supplemental Transportation Services, and Summer Program Transportation Services, and required back-up personnel and equipment. If any services, functions or responsibilities not specifically described in this RFQ are necessary for the proper performance and provision of the transportation services, they shall be deemed to be implied by and included within the CONTRACTORs scope of the services to the same extent and in the same manner as if specifically described herein. It shall be understood that the District will not act as an agent for nor will it finance or supplement any CONTRACTOR in acquisition of facilities or equipment, employee training, insurances, licensing, inspections, or any other financial or service-related responsibility of the CONTRACTOR. 3.0.1 FACILITIES: 3.0.1.1 The CONTRACTOR shall store and maintain equipment and buses, as well as dispatch and manage operations hereunder at a facility(ies) located in or near the boundaries of each contracted GSA, subject to approval by the District after award of the Contract. The District reserves the right to make site visits without prior notice. In the event that one (1) facility could adequately service the award of adjacent GSAs, the CONTRACTOR may provide a written plan to the Districts Director of Transportation for consideration to waive the aforementioned requirement. 3.0.1.2 The CONTRACTOR shall provide all necessary hardware and software including but not limited to computers, network infrastructure, internet connections and office equipment as needed to facilitate compatible exchange of day to day information with the Districts Transportation Department. 3.0.1.3 The CONTRACTOR shall control, manage, and minimize hazardous waste and safely and securely store and dispose of in accordance with approved governmental regulations. 3.0.1.4 The CONTRACTOR shall provide adequate space to park school buses when not in use. The CONTRACTOR shall remain compliant with Jacksonville Ordinance Code Section 656.411, as amended or transferred from time to time which prohibits parking/location of buses in off-street parking lots, access to highways, on private property in residential districts as specified in said Ordinance Code section. 3.0.1.5 The CONTRACTOR may be allowed to park school buses on District property at school sites when not in use ONLY with the express written permission of the schools Principal. Copies of all written approvals shall be provided to the Districts Transportation Department. The CONTRACTOR shall bear complete responsibility for any and all liability regarding theft, damage or vandalism to buses while parked on school property. 3.0.2 STANDARD OPERATING PROCEDURES (SOP): The District may issue office directives that will be utilized to affect the safety and efficiency of the operator or administrator of the Transportation process. These directives are generally procedural and shall not cause the cost of the Contract to vary. 3.0.3 STATUS OF CONTRACTOR: 3.0.3.1 The CONTRACTOR shall be duly licensed and/or certified and shall possess the staff, experience, equipment, and abilities to provide all needed services successfully and in compliance with all legal requirements. The CONTRACTOR and all employees and agents of the CONTRACTOR shall comply with all local, State, and Federal laws and/or mandates applicable to the services to be furnished. RFQ/ITB-008-19/LM Page 19 of 59 3.0.3.2 Neither CONTRACTOR nor any of its employees shall be held or deemed in any way to be an agent, employee or official of the District. The CONTRACTOR shall be able to continuously (without interruption as a result of any labor, strike, union-related activity, or otherwise) perform service at full capacity in accordance with the scheduling as approved by the Director of Transportation in terms of all certified and other personnel, inspected equipment, and all requirements for as of the first day of the first Contract Year and through the term of the Contract. 3.0.3.3 CONTRACTOR represents that: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) it is authorized and in good standing to conduct business in the State of Florida; (iii) it has all necessary power and has received all necessary approvals to execute and perform its obligations in the Contract; and (iv) the individual executing the Contract on behalf of CONTRACTOR is authorized to do so. 3.0.4 LEGAL AWARENESS AND COMPLIANCE: 3.0.4.1 It shall be the responsibility of the CONTRACTOR to be knowledgeable of and adhere to the requirements of any Federal, State, County and local laws and ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the CONTRACTOR shall in no way be a cause for relief from responsibility. 3.0.4.2.1 Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073. Rehabilitation Act of 1973, as amended. Vietnam Era Veterans Readjustment Assistance Act of 1975. Civil Rights Act of 1964. Equal Pay Act of 1963 Age Discrimination Act of 1967 Immigration Reform and Control Act of 1986 Public Law 95-507 Americans with Disabilities Act 41 CFR Part 60 and any additions or amendments thereto. 3.0.4.3 JESSICA LUNSFORD ACT: The CONTRACTOR shall comply with and be responsible for all costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005 (if applicable). The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Sections 1012.32, 1012.465 and 1012.467 Florida Statutes and any other applicable Section(s). Florida Statute 1012.315 will be applied to determine who will be eligible for employment. Additional information is available in Exhibit C. In 2013, the Florida Legislature amended Section 1012.467 F.S. to create a requirement for a uniform, statewide identification badge to be worn at all times by non-instructional CONTRACTORS when on school grounds. The cost of the badge may not exceed ten dollars ($10.00) per badge, per employee. After the implementation of the initial badge, CONTRACTORS shall replace the badges concurrently with the re-fingerprinting of employees. The associated cost of the uniform, statewide badge shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall report any arrest for a disqualifying offense within forty-eight (48) hours of the arrest. Failure of the CONTRACTOR / CONTRACTORs employee to report an arrest for any disqualifying offense within 48 hours is a felony of the third degree punishable as provided in Section 775.082 or Section 775.083 F.S. RFQ/ITB-008-19/LM Page 20 of 59 3.0.4.4 CONTRACTOR represents that it has all intellectual property rights necessary to enter into and perform its obligations in the Contract. CONTRACTOR will indemnify and hold harmless the District from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the Contract, including its use by the District. If CONTRACTOR uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property r ight, it is mutually agreed and understood without exception that the proposal prices will include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. CONTRACTOR shall defend, indemnify and hold the District and its successors and assigns harmless from and against all third-party claims, suits and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys fees and court costs) incurred as a result of (i) infringement by CONTRACTOR of any third-party patent, copyright or trademark or (ii) misappropriation by CONTRACTOR of any third-party trade secret in connection with any of the foregoing. 3.0.5 OFFICE OF ECONOMIC OPPORTUNITY: Respondents shall take all necessary and reasonable steps to ensure that certified Office of Economic Opportunity (OEO) vendors have an equitable opportunity to compete and perform on this Contract in accordance with the established OEO goal of 5%. Please be advised that the awarded CONTRACTOR shall be responsible for submitting a monthly Office of Economic Opportunity (OEO) Utilization report (form 5). {Note the OEO was formerly called MBE for Minority Business Enterprise} All Respondents should complete and return, as a part of this item, the attached Office of Economic Opportunity Policy and Proposed Schedule of Participation Form (Attachment B) The OEO directory can be accessed at www.duvalschools.org/oeo -OEO Directories. For the purpose of the OEO goals, salaries and benefits of prime CONTRACTOR employees will be excluded. Additionally, fuel costs and fleet acquisition costs will be excluded. Failure to meet stated OEO participation goals, failure to submit quarterly good fai th efforts reports and/or failure to submit required monthly OEO Utilization report (form 5) reports may result in assessment of performance guarantees as outlined in Exhibit B. 3.0.6 PERMITS AND LICENSES: The CONTRACTOR shall be responsible for obtaining any necessary permits and licenses and shall comply with laws, rules, and regulations whether State or Federal and with all local codes and ordinances without additional cost to the District. Some examples may include but are not limited to: Florida incorporation requirements; business licensing at the State level as well as the City of Jacksonville (Duval County); EPA hazardous material management certification requirements for facilities; vehicle registration and licensing. 3.0.7 RECORDS AND REPORTS: 3.0.7.1 Audit: The District shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to the Contract(s) (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of CONTRACTOR, including, but not limited to those kept by CONTRACTOR, its employees, agents, assigns, successors and SUBCONTRACTORs. CONTRACTOR shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three years following the completion of this Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the District, through its employees, agents, representatives, CONTRACTORs or other designees, during normal business hours at CONTRACTORs office or http://www.duvalschools.org/oeo RFQ/ITB-008-19/LM Page 21 of 59 place of business in Jacksonville, Florida. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Jacksonville, Florida, which is convenient for the District. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the District may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. If the District engages an independent, third party auditor, and the third party auditor makes material findings equaling 3% or more of the aggregate annual contract value, then the CONTRACTOR shall pay all costs and expenses associated with the audit. 3.0.7.2.1 CONTRACTOR Provided Reports: The CONTRACTOR shall provide any and all reports and records requested by the District and necessary for proper payment or evaluation of CONTRACTOR's performance hereunder. All such records shall be submitted to the Districts Transportation Department and/or open to inspection by the District or its representative during regular business hours in the CONTRACTOR's office. Reports and records shall include, but not be limited to; Fleet records School bus operator/school bus monitor certification documents Accident reports Replies to concerns Route stop and time schedules Bus loads Bus deficiencies Road hazards Mapping reports Schedule planning Quality assurance plan Readiness reports Directions Student discipline referral documentation School bus operator/school bus monitor discipline documentation Parent/school correspondence Drug/alcohol testing documentation Compensation documents GPS related and/or student tracking related Field trips HR information in the format and timeline requested by the District during the term of the contract. Documentation for undeliverable students 3.0.7.3 The CONTRACTOR shall complete and submit all route related information to the Districts Transportation Business and/or Operations office at any time changes occur, when applicable, and/or upon request (format determined/approved by the Transportation Department). A current route schedule shall remain on the bus at all times. 3.0.7.4 The CONTRACTOR shall ensure that a current seating chart of ridership remain on the bus at all times and shall be available to District staff upon request. 3.0.7.5 The CONTRACTOR shall ensure that each school bus operator inspect the bus at least daily prior to the beginning of the first daily trip or more often as required by the District and to report any defect affecting safety or economy of operation immediately to authorized service personnel. The inspection shall include all items identified in the procedures related to the mandatory daily inspection in the basic school bus operator curriculum. RFQ/ITB-008-19/LM Page 22 of 59 3.0.8 BONDS/IRREVOCABLE STANDBY LETTERS OF CREDIT: 3.0.8.1 The Respondent shall provide a Bid Bond or Irrevocable Standby Letter(s) of Credit in the amount of $200,000.00. The purpose of the bond or letter of credit is to ensure that the bid will be honored, and a Contract is executed. If a Bond is submitted it shall be issued by a surety company in full compliance with Section 287.0935, Florida Statutes and approved by the United States Treasury Department. If a letter of credit is submitted it shall be either: (1) issued by a bank or financial institution located in Duval County, Florida or; (2) expressly permit the District to draw on the letter of credit via facsimile or email instructions. Other bond instruments are not acceptable. A) BID BONDS: Bid bonds received from Respondents will not be returned upon conclusion of the award process. The bid bond of each successful Respondent shall remain in full force and effect until the Performance Bond has been submitted and accepted by the District. The Bid Bond of the successful Respondent will be retained until execution of the Contract and receipt of the Performance Bond. If bonds are submitted, the Bid Bond and the Performance Bond shall be issued by one and the same surety company. Failure of Respondent to execute the Contract or provide required materials shall result in the District retaining the bid security as liquidated damages. B) IRREVOCABLE STANDBY LETTERS OF CREDIT: Letters of credit received from Respondents may also serve as performance sureties. Letters of credit received from Respondents will not be returned upon conclusion of the award process. Sureties (whether Letters of Credit or Bonds) by recently formed corporations may be submitted in combination by the participants to attain the required surety level. 3.0.8.2 For the initial term and any renewals of the Contract, the CONTRACTOR shall continuously provide a Performance Bond (in the form as Exhibit F) or Irrevocable Standby Letter of Credit equivalent to ten percent (10%) of the total miles as stated in this solicitation times the bid price per mile. For subsequent years, the amount of the Performance Bond (or Irrevocable Standby Letter of Credit) shall be calculated annually using the budget estimate for contracted transportation services for the applicable school year. The bond calculation shall use budgeted basic transportation and variable service miles, in addition to estimates for new services, multiplied by the bid price per mile (PPM) if in the first year of the contract; or the PPM adjusted for the change in the CPI index for subsequent years as allowed by Section 1.8 of this RFQ. A) If by Performance Bond: Throughout the term of the Contract (including any and all renewals), CONTRACTOR shall on an annual basis and at least thirty (30) calendar days prior to the expiration of the then-existing bond, provide the new annual Performance Bond to the District (to the Director, Purchasing Services); it being understood that the CONTRACTORs failure to timely provide a replacement annual bond compliant with all RFQ/ITB-008-19/LM Page 23 of 59 Contract terms no later than fifteen (15) calendar days prior to expiration date of the then existing bond term will initiate the default process. Upon failure to provide required bond, the CONTRACTOR shall be issued a cure notice and allowed five (5) calendar days to provide the required bond. If not provided, then the District may proceed with the formal default process. The District would withdraw any declaration of a default if CONTRACTOR delivers to the District the new compliant bond one (1) business day prior to the expiration of the then-existing bond. B) If by Irrevocable Standby Letter of Credit: The CONTRACTOR shall secure its performance of the Contract by providing to the District an irrevocable standby letter of credit (the Letter of Credit) in the amounts set forth in section 3.0.8.2 above. The Letter of Credit shall be issued by a bank acceptable to the District, and the issuing bank shall either: (1) be located in Duval County, Florida, or (2) expressly permit the District to draw upon the Letter of Credit via facsimile or other media (with the Districts surrender of the original Letter of Credit to follow receipt of payment). The Letter of Credit shall provide for automatic annual renewals (each, a Renewal Letter of Credit). The Letter of Credit, and each Renewal Letter of Credit shall provide that the issuing bank shall, not later than thirty (30) days prior to the expiration of the Letter of Credit or such Renewal Letter of Credit, provide a written notice to the District stating whether or not the issuing bank shall renew the Letter of Credit/Renewal Letter of Credit, and in the event no written notice is provided to the District, then the issuing bank shall be deemed to issue the Renewal Letter of Credit. In the event that (i) an event of default occurs or (ii) the issuing bank fails to provide notice to the District as set forth above, or (iii) provides notice that the bank will not renew the Letter of Credit/Renewal Letter of Credit, then in any case, the District shall be entitled to immediately draw upon the Letter of Credit/Renewal Letter of Credit for the full amount. 3.0.8.3 For the first Contract Year, the Bond or Letter of Credit shall be submitted not later than thirty (30) days prior to the commencement date of the Contract to the Director, Purchasing Services. 3.0.8.4.1 There shall be no period of time during the Contract when a performance bond or standby letter of credit is not in effect. A lapse in coverage will be considered as a breach of contract and subject to any remedies the District may deem appropriate. 3.0.8.4.2 If submitting bonds, the Respondents Bid Bond(s) for all GSA bids and the CONTRACTORs Performance Bond(s) for all GSAs awarded, shall and must be issued by one and the same surety company. 3.0.9 GENERAL AND MANAGERIAL PERSONNEL: 3.0.9.1 General Policy: A. The District is committed to a policy of providing equal job opportunities on public contracts and prohibiting discrimination against any employee, applicant or SUBCONTRACTOR. Accordingly, CONTRACTOR represents and warrants to the District that CONTRACTOR does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with CONTRACTORs performance under the Contract on account of a persons actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics. CONTRACTOR further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Contract. RFQ/ITB-008-19/LM Page 24 of 59 The CONTRACTOR shall take action to ensure that applicants are employed, and that employees are treated during employment without discrimination as set forth above. School Bus Operators and School Bus Monitors employed by CONTRACTOR must have atta...

Dates

Start Date

19 Jan, 2021 (about 2 years ago)

Due Date

31 Jul, 2024 (in 18 months)

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Location

Country : United StatesState : Florida