Advertisement Request for Proposals Custodial Services Montague Area Public Schools “The District” invites proposals from qualified firms for provision of custodial services beginning July 1, 2015. Bid documents are available online at www.mapsk12.org. Proposals must be submitted to Tom Cederquist, 4882 Stanton Blvd., Montague, MI 49437, no later than 2:00 p.m., on April 1, 2015. There is a mandatory pre-bid meeting on Thursday, March 19, at 9:00 a.m. at 4882 Stanton Blvd., Montague, MI 49437. The District reserves the right to reject any or all proposals, waive irregularities in any bid, and make award in any manner deemed to be in the best interest of the District. The District operates on an equal opportunity/affirmative action basis in its bidding policy. Bidding is open to all interested parties, in compliance with national, state, and local laws. Published “Thursday, March 5, 2015”, Tom Cederquist, Director of Operations, and Donna Bylenga, Director of Business Affairs Website: http://mapsk12.org 1 REQUEST FOR PROPOSAL CUSTODIAL SERVICES CONTRACT General Information Montague Area Public Schools (The District) invites proposals from qualified firms for provision of custodial services beginning the 2015/16 school year. The District is asking for a campuswide proposal. Proposals are due at Montague Area Public Schools, 4882 Stanton Blvd., Montague, MI 49437, no later than 2:00 p.m. on Wednesday, April 1, 2015. Proposals should be sealed, bear the name and return address of the provider, be clearly labeled “Custodial Services,” and be directed to Tom Cederquist, Director of Operations. Faxed or e-mailed proposals will not be accepted. The District operates according to an equal opportunity/affirmative action philosophy in its procurement policy and encourages small businesses, minority-owned, and female-owned businesses to submit proposals. Mandatory pre-bid meeting: Thursday, March 19, 2015 9:00 a.m. Mandatory walk of facilities: Thursday, March 19, 2015 9:30 a.m. Deadline for questions: Wednesday, Wednesday, March 25, 2015 5:00 p.m. Final addendum deadline: Friday, March 27, 5:00 p.m. Bid due date and time: Wednesday, April 1, 2015 2:00 p.m. Address for pre-bid meeting: Montague Area Public Schools 4882 Stanton Blvd. Muskegon, MI 49437 E-mail address for any communications related to this bid: cederquistt@mapsk12.org Please DO NOT walk our facilities prior to the mandatory walk date. 2 Section 1 - Overview The District is accepting quotations to provide custodial services. This request for proposal is for a 3 year contract period for which we are seeking guaranteed pricing for July 1, 2015 through June 30, 2018. The District reserves the right to renew the contract for three (3) additional years. Renewal(s) will depend on pricing and level of service received during contract period. BID DUE DATE: If you desire to bid on these services, please submit your Proposal no later than 2:00 p.m., April 1, 2015. Bids will be opened at 4882 Stanton Blvd, Montague, MI 49437. Mail or hand-deliver your sealed bid to: 4882 Stanton Blvd., Montague, MI 49437, ATTN: Tom Cederquist **Sealed Bid** Your bid must be received before the bid opening date and time, when all bids will be publicly opened and read aloud. No fax, verbal, e-mail or telephone quotations will be accepted. The District is not responsible for late, lost, misdirected, damaged, incomplete, illegible or postage-due mail bids. Your bid envelope must clearly state “Sealed Bid,” as indicated above. BID COPIES: Each Bidder must submit a signed original and two (2) copies of the proposal. The signature shall be by the highest-ranking officer of the Bidder’s company at the local level. INTENT TO RESPOND: Each Contractor who intends to submit a Proposal in response to the RFP shall submit an "Intent To Respond" via e-mail to cederquistt@mapsk12.org on or before Wednesday, March 25, 2015 (Subject Line: Custodial RFP Intent To Respond). The Intent To Respond shall include the name of the contractor, the name of a contact person and that person’s email address. Failure to submit an Intent To Respond by the aforementioned deadline does not preclude a Contractor from submitting a Proposal; however, Contractors who do not submit an Intent To Respond by the Aforementioned deadline will not receive notifications of Requests For Clarification and Addenda and it shall be the Contractor’s sole responsibility to check the District website for the same. MANDATORY PRE-BID MEETING AND WALK OF FACILITIES: All prospective Bidders must attend a mandatory pre-bid meeting. The purpose of the meeting is to provide for questions and answers as required to clarify the requirements and specifications contained in the RFP. Only those prospective Bidders present will be deemed eligible to bid on this project. Any assistants or subcontractors in the project are also required to attend the pre-bid meeting to be held at 4882 Stanton Blvd., Montague, MI 49437 at 9:00 a.m. on Thursday, March 19, 2015. This meeting will be followed by the mandatory facility walk. You must walk every site to ensure all contractors see all locations. No other walks will be available. QUESTIONS AND REQUESTS FOR CLARIFICATION: Prospective Contractors may request that the District clarify information contained in this RFP. All such requests must be made in writing via email and sent to cederquistt@mapsk12.org The District will attempt to provide a written response to all written requests for clarification within two (2) business days after the receipt of such a request. The District will not respond to any requests for clarification after Wednesday, March 25, 2015. The response for any request for clarification will be posted to the District website and notification of such a posting will be provided to all parties that filed an Intent to Respond with the District by the deadline set. No response will be made to any oral questions. All questions and answers will be posted to the District website prior to the RFP due date, including, but not limited to, all Addenda to this RFP. 3 RESTRICTIONS ON COMMMUNICATION: From the issue date of this RFP until a Contractor is selected and the selection announced, a prospective Contractor shall not communicate about the subject of this RFP or a Contractor’s proposal with the District, its Board of Education, or any individual board member, administrator, faculty, staff, students, or employees, except for site inspections, pre-bid meetings, or requests for clarification in accordance with the paragraph above. PROPRIETARY INFORMATION: The information provided in the RFP is intended solely for internal use by the Bidder in response preparation. All information contained herein is proprietary and shall not be distributed to any third party, except as required by law. BID GUARANTEE: Each Proposal must be accompanied by either a certified or cashier's check on an open, solvent bank or a bid bond with an authorized surety company in the amount equal to 5% of the first year’s estimated dollar distribution to the district. Bid guarantee must be made payable to Montague Area Public Schools, a guarantee of good faith. If the successful Bidder fails to furnish satisfactory bonds and insurance within 10 days after notice of award, or if the bidder has to back out of the project prior to contract signing, such guarantee shall be forfeited as liquidated damages by the District to compensate for losses due to delay and/or increased costs for the project. The guarantees of the three finalist Bidders will be retained until the bond and insurance and start of work of the successful Bidder have been approved by the District. The guarantees of all other Bidders will be returned within fifteen days after the bid opening. PROPOSAL COSTS: Any recipient of the RFP is responsible for any and all costs incurred by it or others acting on its behalf in preparing or submitting a Proposal, or otherwise responding to the RFP, or any negotiations incidental to its Proposal or the RFP. RFP/PROPOSAL INFORMATION CONTROL: The following process described is intended to ensure that all prospective Bidders have equal access to information relative to the RFP. As part of the RFP preparation (which may have included previous discussions with selected prospective Bidders), every effort has been made to provide prospective Bidders with adequate disclosure. Each Bidder shall prepare their Proposal based only on the information contained in the RFP, notwithstanding any information that may have been previously provided. A prospective Bidder noting any inconsistency between the information contained in the RFP and any information previously provided should request clarification. No information communicated, either verbally or in writing, to or from a Bidder shall be effective unless confirmed by written communication contained in the RFP, an addendum to the RFP, a request for clarification or written response thereto, or in the Proposal. ADDENDA TO THE RFP: Should it become necessary to revise any part of the RFP, notice of the revision will be given in the form of an addendum to all prospective Bidders on record as having received the RFP. Each Bidder must acknowledge receipt of addenda, but the failure of a Bidder to receive or acknowledge receipt of any addendum, shall not relieve the Bidder of the responsibility for complying with the terms thereof. Acknowledgment shall consist, minimally, of returning a signed copy of all addenda cover sheets as part of the Proposal by the RFP closing date and time. All addenda shall become a part of the RFP. Acknowledgment of all addenda received must be submitted by the RFP closing date and time. RESERVATION OF RIGHTS: The District reserves the right to accept or reject any or all Proposals not withdrawn before the opening date and to waive any irregularity or informality in the Proposal process. The District reserves the right to conduct discussions, request additional information and accept revisions 4 of Proposals from any or all Bidders. The District reserves the right to negotiate with the Bidder whose proposal is deemed strongest by the Selection Committee. Bids may not be withdrawn within 60 days after opening date without forfeiting bid security. The District reserves the right to make such investigations as deemed prudent to determine Bidder's qualifications and eligibility. OPTIONAL CONSIDERATION: The district would appreciate the consideration of contractor interviewing all current cleaning staff. Section 2 - Requirements FACILITIES: The District is comprised of multiple buildings servicing pre-K – 12 education, a bus garage, and general office space. The list of buildings and gross square footage for each is attached (in Appendix A) and will be used in the contract for the initial bid price. Should the District add or reduce square footage, a square footage reduction or addition in price will be established on the pricing form. Maps of each school facility will be provided to all Contractors who attend the pre-bid meeting; maps may not be to scale. SCHEDULE: During inclement weather, workers are to keep entry ways and high school steps clear of snow and ice. On in-service days and snow days, cleaning staff is required to work. Extra cleaning tasks may be performed upon request from the district. Extra tasks shall be communicated from the district to the contractor prior to the beginning of the in-service day. The contractor is expected to staff all school sponsored events in the evenings and on weekends. COVER LETTER: Please prepare on company's business letterhead an executive letter from the leader of the Contracted organization with authorized signature. This should be limited to a brief narrative highlighting the Proposal and should be aimed at non-technical personnel. KEY PERSONNEL: The proposal shall include profiles identifying specific management personnel (i.e., Direct and Indirect Management, etc.) in your employ that will be assigned to District's campus. The profiles should describe experience, education, and background, specific professional accomplishments and any special qualifications. Final selection of management personnel must be approved by the District. ORGANIZATIONAL CHART: An organizational chart of overall Contractor's management, showing special staff personnel, line supervision, and their relationships to school personnel shall be included. COMMUNICATION REQUIREMENTS: The Contractor will maintain e-mail service for our contract and cell phone connection with the on-site manager at all times. TRANSITION PLAN: The Contractor must provide precise plans for each step in assuming management control and describe its ability to commit the staff personnel and resources required to develop a quick and effective transition into the responsibilities of this contract. A statement of the Contractor's management philosophy, mission and/or vision should be included. All start-up costs associated with this contract shall be part of the bid price. STAFFING REQUIREMENTS: Each proposal must design a staffing table for each facility including shift times, hours and starting pay rates to complete the daily, weekly and monthly cleaning requirements 5 during the school year. All hours are NOT to include lunch breaks, on or off the clock, only productive and supervisory time. Staffing is NOT to include substitute or fill-in staffing, only regular staffing scheduled to be in the buildings. The District is asking for a detailed listing of proposed staffing, as seen in Bid Response document #2. Please offer the base bid as the minimum level of coverage proposed. You may wish to provide additional options for specialty positions, or other applicable options. Base specifications for work to be provided on a daily, weekly, or other basis are found in Appendix B. The District requires a district dedicated supervisor(s)/project manager(s). ALL specifications are to be completed during the actual breaks and in the case of summer, two weeks prior to Labor Day. Cleaning of athletic areas will continue throughout the winter and spring breaks as well as summer during the month of August. Staffing schedules will be evaluated as part of the bid process. These are to be utilized as minimum staffing levels to achieve the specifications. If specifications are not being met, payroll records may be accessed at any time during the contract for the most recent two months of service to ensure those staffing levels are being met consistently. If the payroll record audit demonstrates a shortage of staffing of over 5% on any given week for the entire district, or 10% on any given week for the school in question, (excluding non-student day and break schedule reductions), the District may fine the Contractor up to $1,000.00 per week during that two month period. This is to ensure the Contractor’s commitment to providing accurate data in the bid for anticipated staffing levels, and to ensure the Contractor’s commitment to meeting bid specifications. Should there be a significant staffing issue on any particular week, detail cleaning may be caught up on weekends so the work doesn’t get behind. It is the Contractor’s responsibility to keep up on all tasks so as not to fall behind on detail cleaning. Detail cleaning includes any items on the weekly schedule. These are not billable events, simply an acceptable way to keep up with an unexpected staffing illness or transitions. However, any items listed as daily are expected to be completed daily. Missing a Day Shift or Missing a Building is not acceptable, and will result in a $200.00 or $500.00 fine respectively. Please list in your proposal your Substitute/Back Up Staffing Plan for the District to prevent short staffing. As with any cleaning personnel, mistakes may be made. The intent of the above penalties is to prevent a lowering of the specifications or completely missing daily frequencies as a result of short staffing. The District is expecting to receive what was bid as a minimal staffing level. If the Contractor finds it needs to put in more time to achieve the Specification levels, then the Contractor must do so at no additional charge to the District. It is the responsibility of the Contractor to be a professional and bid the work accurately. Should the Contractor find it can provide less hours to achieve the Specification levels, then it shall negotiate an agreed upon savings at the end of each anniversary date, benefiting both groups as an incentive to be more cost efficient and share the savings. WAGES: The Contractor is to provide the starting wages for each position on the staffing worksheet. The District reserves the right to check the wages at any time through accessing payroll records to ensure the Contractor’s employees are indeed being paid the starting wage listed in the bid document. Wages have a direct correlation to retention and will be evaluated as such in the proposal evaluation. Failure to provide the starting wage to employees upon their hire in that position can result in a fine up to $500.00/week to the Contractor to be taken off their monthly billing. Once again, the intent is simply to ensure the Contractor is indeed stating accurate wages in their bid. 6 Weekly time cards from every employee will be turned in to the Director of Operations. BENEFITS, INCENTIVES, INCREASES: The Contractor is to provide a detailed outline of all benefit packages (including number of employees who qualify, coverage, co-pays and deductibles), financial incentives and increase schedules for their staff. These will be used in the evaluation process, as the District recognizes motivated employees increase retention. Additionally, it is the Contractor’s obligation to stay within all State and Federal mandated wage and benefit programs. Any additional costs anticipated in future years due to the Affordable Care Act must be incorporated into the bid. PAID TIME OFF: Give in detail the paid time off including vacation, sick and holiday days for all classification of workers. HUMAN RESOURCES SUPPORT: The Contractor shall provide detail of the human resource structure that will support this District in acquiring good candidates for hire, and describe the interview, selection, and screening processes. All new hires must be FBI fingerprinted with results minimally meeting the State of Michigan requirements for staff placed in public schools, and a 5-panel drug test result that came back negative BEFORE they are to be place working at the District. Other minimal levels of screening are listed in the specification and Contract language. SAFETY: The Contractor shall use a proactive safety program for its employees and operations at the schools, as well as comply with all District safety rules that apply to custodial services operations. The contractor shall include the corporate safety program in the proposal. TRAINING PROGRAMS: The proposal shall include a description of training programs used for ALL levels that will be employed by the District, and will be expected to comply with all MIOSHA/OSHA training to schedule. EQUIPMENT PURCHASE: The contractor will be expected to provide the necessary equipment to meet the demands of the custodial services specifications in this document. The equipment list including make, model, number at each location and value of equipment must be included in the bid. Failure to include this equipment list will result in being excluded from the bid process. As part of the pre-bid process, the contractor must evaluate equipment owned by the district. It is the option of the vendor to purchase existing equipment or to provide new equipment. The vendor may provide multiple options with regards to equipment. If equipment is to be purchased new, then the initial equipment purchase invoice will be required in the first month of the contract start date to ensure the equipment was purchased to the level listed in the bid document. Failure to do so, if the agreement made includes new equipment, will result in the District purchasing the equipment and charging the cost of the equipment to the Contractor through the reduction of billing during the first three months of service plus a 10% penalty on the equipment price for handling, administration and financing. Repair and replacement of the equipment during the length of the contract and any subsequent renewal terms are the responsibility of the Contractor. Equipment is to be maintained in such a manner to ensure the frequencies of the specification are maintained, and the quality is not compromised due to equipment neglect, failure or absence. To that end, back up equipment must be readily available to the District at no extra charge to ensure specification frequency and quality is met. 7 It is understood and agreed that the District shall in no way be responsible for any theft, disappearances or other misappropriation of any equipment to be supplied by the contractor, nor for the theft, disappearance, or other misappropriation of any supplies or any other property of the contractor. CONSUMABLE SUPPLIES: The District will provide all toilet paper, paper toweling, soap, trash can liners, air fresheners, hand sanitizer, sanitary products, ice melt, light bulbs, chalk, dry erase cleaner, etc. for use in the District. The Contractor may be asked to provide pricing for said items as well as receiving, storing and inventory for said items in each building. CLEANING SUPPLIES: All small tools, microfiber, mops, dust mops, laundry, mop buckets, vacuums, vacuum bags, carts, handles, etc. are the responsibility of the Contractor and as such, supplied in a timely manner to ensure the specification frequency and quality are met. Please list in your proposal your cleaning supply program. CHEMICALS: The contractor is responsible for the purchase, delivery, receiving, storage and inventory of all chemicals needed for custodial operations. CLEANING SUPPLIES TO DISTRICT STAFF: For consistency of proposals, the contractor is not to provide any district staff with cleaning supplies as part of what is included in this agreement. Any supplies provided to staff must be first approved by administration, clearly marked as property of district, and billed to the district separately. Material Safety Information must also be present on all chemicals containers provided to staff. GREEN PROGRAMS AND ENERGY CONSERVATION: The District believes in Green cleaning programs which include the use of micro fiber, low moisture systems and recycling participation. The District does not expect a 100% Green program, but does value a partner committed to Green processes. Include the Contractor’s Green cleaning program for school Districts in the proposal. The Contractor agrees to keep energy consumption at a minimum and will comply with energy conservation practices and policies in keeping with the District's efforts. Include an energy conservation program in your proposal. FINANCIAL STABILITY: The Contractor shall provide a certified letter of good standing for a line of credit from a reputable financial institution in the amount of $1,000,000.00 or more. This letter must be dated as current within the last six months prior to this RFP. OPERATING STATEMENT: The Contractor shall submit a complete estimated operating statement for the proposed three-year contract period, indicating the following estimated costs by category. Salaries and Wages for this Contract, FUTA and Tax Estimates for this Contract , General Liability and Workers Compensation Insurance for this Contract, Hourly Increases Prorated over 3 Years for this Contract , Health Benefits Paid by Employer for this Contract , Annual Vacation/Holiday/Personal Day Budgets for this Contract , Training and Motivation Program Costs for this Contract , Custodial and Office Supplies including Uniforms and Laundry for this Contract , Equipment Purchase for this Contract, Repair and Replacement of Equipment for this contract, IT/Communication Equipment for this contract, Contracted Window Cleaning Costs for this Contract, Direct Management Costs Expenses for this Contract, Indirect Management and Administration Expenses for this Contract, Sales Commission and Marketing Expenses for this Contract, Other – List Specific Items for this Category if included for this Contract, Operating Profit for this Contract. 8 CONTRACTOR’S EXPERIENCE AND CAPABILITIES: The Proposal must include a description of the general background, experience and qualification of the Contractor in K-12 locations. The Contractor is encouraged to list at least three operations presently serviced that are similar in nature to that of the District's within the State of Michigan. One of these references should be for a PK-12 complete District with Custodial Service contract needs similar to this District within the State of Michigan. List the square footage of the Districts that the Contractor is responsible for cleaning, the number of FTE’s servicing that District and the period of time the Contractor has served the District. This information shall include the names, titles, addresses, and telephone numbers of individuals who are in a position to evaluate the general quality of the operation at their facilities. More references are welcome. 9 Section 3 – Evaluation Criteria Contract award will be based upon a comprehensive review and analysis of the Proposals that best meet the needs of District. The specific evaluation criteria will include the following: Overall sustainability of the program – Likelihood of a successful transition and consistent performance to the specifications for three to six+ years of expected contract length. The analysis of these criteria takes into consideration the entire proposal documentation as a sum of its parts. Past experience -In custodial service operations of a similar nature with references supporting positive, problem-solving, results-oriented relationships Staffing – proposed levels are reasonable to complete specifications Price – contractor presents a complete operation at a satisfactory price level 10 Appendix A – School Facility List 1. Montague Area Childhood Center (MACC) 9151 Dicey Street. Daycare and Pre K through Kindergarten. Approximately 230 students, 40,000 square feet. Hours of Operations: Daycare 6:30 a.m. to 6:30 p.m. Monday through Friday, September 1 through June 30. Pre K through K, 8:15 a.m. to 3:45 p.m., Monday through Friday. 2. Oehrli Elementary (RRO) 4859 Knudsen Street. 1st through 5th grades. Approximately 600 students, 81,000 square feet (1st floor 71,000 square feet, 2nd floor 10,000 square feet.) Hours of Operations: 6:15 a.m. to 4 p.m. Gym use and other group activities go until 9 p.m. Monday through Friday. 3. Nellie B. Chisolm Middle School (NBC) 4700 Stanton Blvd. 6th through 8th grades. Approximately 400 students, 85,000 square feet. Hours of Operations: 7 a.m. to 3 p.m. Gym use and cafetorium activities go until 9 or 10 p.m. Monday through Friday. 4. Montague High School 4700 Stanton Blvd. 6th through 8th grades. Approximately 400 students, 85,000 square feet. Hours of Operations: 6:15 a.m. to 3 p.m. Gym use and auditorium activities go until 9 or 10 p.m. Monday through Friday. 5. Montague Operations Building (AFC) 4855 Eilers Rd. Office space and drivers lounge. 6. Townsend Athletic Complex 4900 Stanton Blvd. Restrooms and press box. 7. Memorial field Soccer Complex. Restrooms and bleacher area clean up. 11 Appendix B – Base Specifications/Schedule of Tasks – All Schools Task Frequency Schedule Snow Removal -- Remove 5' out from all entryways/exits Restroom Checks -- Check on garbage, paper, soap, spot clean Lunch Cleanup -- Clean cafeteria floors and garbage after each lunch period Kitchen Cleanup -- M op kitchen floor X X X X X X X X X X X X X X X Doors, Walls, and Jams -- Clean X X X X X Waste Receptacles -- Empty trash and replenish liners X X X X X Waste Receptacles -- Clean outsides and interior X X X X X Furniture -- Clean and/or vacuum X X X X X Waste Receptacles -- Empty trash X X X X X Door Glass -- Clean (hand and finger print free) X X X X X Carpet and Matting -- Complete vacuum (extract as needed) X X X X X Hard Surface Flooring -- Sweep, mop, or vacuum X X X X X Interior Partition and Sidelight Glass -- Clean X X X X X Drinking Fountains -- Clean, sanitize, and Polish X X X X X X Dusting -- High horizontal surfaces above 6' X Dusting -- Low horizontal surfaces below 6' X Windows Above 10' -- Clean 12 Mo nth ly X X Windows -- Clean (hand and finger print free) Mo nth ly ekl y ekl y As needed to keep area free of ice and snow handles/push bars/plates, etc.) exterior trash bins We id a y Fr As Ne ede d Mo nd ay 5 times per week (MS/HS have weekend coverage requirements) Touch Points -- Clean and disinfect (light switches, door Outside -- Pick up debris within 25' of buildings and empty We Fr id a y Th urs da y X X Snow Removal -- Remove 5' out from all entryways/exits Cob Webs -- Remove from all areas dn esd ay X II. Entries and Common Areas Task We X Th urs da y administration X dn esd ay Building Support -- Other duties as determined necessary by Tu esd ay X We Bodily Fluids Cleanup -- On call As needed to keep area free of ice and snow Tu esd ay Task As Ne ede d Mo nd ay I. Addt'l Day Porter Duties X X X X X X Appendix B – Base Specifications/Schedule of Tasks – All Schools cont. III. Café/Multi-Purpose/Vending/Lounge Areas Cob Webs -- Remove from all areas X Touch Points -- Clean and disinfect (light switches, door X X X X X Doors, Walls, and Jams -- Clean X X X X X Waste Receptacles -- Empty trash and replenish liners X X X X X X X X X X Tables and Chairs -- Clean and sanitize X X X X X Sinks -- Clean and disinfect X X X X X Counters -- Clean and disinfect X X X X X Hard Surface Flooring -- Sweep, mop, or vacuum X X X X X Microwaves -- Clean exterior X X X X X Coffee Machines -- Clean X X X X X handles/push bars/plates, etc.) Waste Receptacles -- Clean outsides and interior Tables and Chairs -- Set up and take down for various food activities X Refrigerators and Vending Machines -- Clean exterior X Dusting -- High horizontal surfaces above 6' X Dusting -- Low horizontal surfaces below 6' X 13 Mo nth ly We ekl y Fr id a y Th urs da y dn esd ay We Tu esd ay As Ne ede d Mo nd ay Task 5 times per week (MS/HS have weekend coverage requirements) Appendix B – Base Specifications/Schedule of Tasks – All Schools cont. IV. Restrooms and Locker Rooms Cob Webs -- Remove from all areas X Deodorizers -- Check and replenish when empty X Paper Product Dispensers -- Inspect, replenish as needed X X X X X Hand Soap Dispensers -- Inspect, replenish as needed X X X X X X X X X X X X X X X Doors, Walls, and Jams -- Clean X X X X X Floors -- Sweep and mop X X X X X Toilets, Basins and Urinals -- Clean and disinfect X X X X X Pipes and Flush Meters -- Clean and disinfect X X X X X Chrome work -- Clean, disinfect, and polish X X X X X Personal Hygiene Dispensers -- Clean and disinfect X X X X X Partition Sides -- Clean and disinfect X X X X X Sinks and Counters -- Clean and disinfect X X X X X Mirrors -- Clean X X X X X Stainless Steel -- Clean and polish (dispensers, trash, etc.) X X X X X Showers -- Clean and Disinfect towers, floors, curtains X X X X X Benches -- Clean and Disinfect X X X X X Drinking Fountains -- Clean, sanitize, and polish X X X X X Waste Receptacles -- Empty trash (including person hygiene dispensers) Touch Points -- Clean and disinfect (light switches, door handles/push bars/plates, etc.) Dusting -- High horizontal surfaces above 6' X Dusting -- Low horizontal surfaces below 6' X Dusting -- Door, ceiling and wall vents X 14 Mo nth ly ekl y We Fr id a y Th urs da y dn esd ay We Tu esd ay As Ne ede d Mo nd ay Task 5 times per week (MS/HS have weekend coverage requirements) Appendix B – Base Specifications/Schedule of Tasks – All Schools cont. V. Classroom / Office Areas Cob Webs -- Remove from all areas X Carpet Spots -- Remove carpet spots Vertical Surfaces -- Spot clean and disinfect (cabinet and file X fronts) Touch Points -- Clean and disinfect (light switches, door X X X X Doors, Walls, and Jams -- Clean X X X X X Waste Receptacles -- Empty trash / recycle and replenish liners X X X X X Waste Receptacles -- Clean outsides and interior X X X X X Hard Surface Flooring -- Sweep, mop, or vacuum X X X X X X X X X X Conference and Work Tables -- Clean and disinfect X X X X X Carpet -- Vacuum edge-to-edge X X X X X Hard Surface Flooring -- Sweep, mop, or vacuum X X X X X Reception Counter and Work Surfaces -- Clean and disinfect X X X X X Desk Tops and Credenzas -- Spot clean and disinfect X X X X X Interior Partition and Sidelight Glass -- (the inner classroom / office windows) -- Clean (hand and finger print free) Mo nth ly X X handles/push bars/plates, etc.) We ekl y Fr id a y Th urs da y dn esd ay We Tu esd ay As Ne ede d Mo nd ay Task 5 times per week (MS/HS have weekend coverage requirements) Tables and Chairs -- Clean X Desk Tops and Credenzas -- Complete dusting and cleaning X Windows Sills and Ledges -- Dust X Telephones -- Clean and Sanitize (DISPOSABLE PAPER X TOWELING after cleaning EACH phone) Dusting -- High horizontal surfaces above 6' X Dusting -- Low horizontal surfaces below 6' X Vertical Surfaces -- Detail clean and disinfect (cabinet and file X fronts) White Boards -- Clean, including trays Fabric Items (Chairs, Partitions, Flipper Doors, etc.) -Vacuum Window Treatments -- Dust 15 X X X Appendix B – Base Specifications/Schedule of Tasks – All Schools cont. VI. Miscellaneous General Maintenance -- Repair items as needed / requested Mo nth ly ekl y We id a y Fr Th urs da y dn esd ay We Tu esd ay Task As Ne ede d Mo nd ay 5 times per week (MS/HS have weekend coverage requirements) X Misc. Tasks -- Assist School Administration Staff as necessary (event set up and take downs and clean up; perform in-school deliveries; put away shipments and deliveries; move furniture; event set up and take downs, etc., etc.) X X X X X Utility / Storage Areas -- Neat, clean, and organized X X X X X Alarms -- Activate / deactivate when needed X X X X X Lights -- shut off & turn on as required X X X X X Doors -- Secure as directed X X X X X X X X X X X X X X X Graffiti -- Remove X Observed Irregularities: Report unlocked doors, defective plumbing, burned out lights, refrigeration out, boilers out, etc. End of Day Checks: All outside doors and windows need to be locked and secured, all restroom and locker rooms need to be inspected to make sure all water and lights are shut off Bleachers -- Sweep and damp mop after every event X Under Bleachers -- Sweep and damp mop as needed X 16 Mo nth ly ekl y We id a y Fr Th urs da y dn esd ay We Tu esd ay Task As Ne ede d Mo nd ay VII. Stadium and Competition Gymnasiums Appendix B – Base Specifications/Schedule of Tasks – All Schools cont. Hard Surface Floors -- S trip or scrub and re-finish -- Entries and common areas Carpet Floors -- Wet Extract -- Entries and common areas Hard Surface Floors -- S trip or scrub and re-finish -Classrooms and offices X X X X X Clean Exterior Windows -- Interior and exterior X Kitchen Vent Hoods -- Clean X Thorough, Detail Cleaning -- Classrooms and offices X Interior Glass -- Clean all interior glass X Light Lens and Fixtures -- Remove bugs or debris X directed) Lockers -- (Locker rooms) Clean and disinfect X X X Req uest Up o n ak Sp r ing Bre ak X X floor and/or carpet work 17 X X Hard Surface or Carpet Floors -- Perform only "necessary" Wood Gym Floors - Refinish (bid separately) Bre X Carpet Floors -- Wet Extract -- classrooms and offices Lockers -- (Hallway Lockers) Change locker combination (as Ch r istm as Su m m er B ed ed As n e Task rea k VIII. "Break" Project Work Montague Area Public Schools CUSTODIAL SERVICES PROPOSAL – Bid Response Document #1 - Pricing Year One: July 1, 2015 June 30, 2016 Base Contract Total $ Confirm the costs of the Affordable Care Act are included in the price above Year Two: July 1, 2016 June 30, 2017 $ Yes ___ Year Three July 1, 2017 June 30, 2018 $ Yes ___ Yes ___ Bid Adjustment for Equipment, if needed. Please explain preferred equipment approach and list and alternate approaches suggested. * New Equipment * Purchase of existing district equipment * Other $ $ $ $ $ $ $ $ $ Alternate Bid Adds/Subtr (List with price by year) * * * $ $ $ $ $ $ $ $ $ Hourly Rate for General Custodial Staff Overtime Rate for General Custodial Staff $ $ $ $ $ $ $ $ $ Total Yearly Hours - Evening Cleaning Staff & Bldg Dedicated Management Total Yearly Hours - District Dedicated Management not Housed at Specific Facility Total Estimated Yearly Hours - Off Site Management District Requested Alternates OPTIONAL Carpet cleaning per square foot ________________________________ Printed Name Official for Contractor 18 _________________________________ Signature of Official for Contractor ___ /___ / _____ Date Montague Area Public Schools CUSTODIAL SERVICES PROPOSAL – Bid Response Document #2 – Staffing Sample Company: Montague High School Sun Shift 1 Start Shift 1 End Headcount Hrs Scheduled Shift 2 Start Shift 2 End Headcount Hrs Scheduled Shift Othr Start Shift Other End Headcount Hrs Scheduled Mon Tue Wed Thr Fri 6:30 AM 6:30 AM 6:30 AM 6:30 AM 6:30 AM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 1:30 PM 1.00 1.00 1.00 1.00 1.00 8.00 8.00 8.00 8.00 6.50 3:30 PM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 11:30 PM 11:30 PM 11:30 PM 11:30 PM 11:30 PM 2.00 2.00 2.00 2.00 2.00 16.00 16.00 16.00 16.00 16.00 Sat TOTAL 1.00 38.50 2.00 80.00 Total Hours Per Week: FTE Per Week (40 Hours Full Time): 0.00 118.50 2.96 NBC Middle School Sun Shift 1 Start Shift 1 End Headcount Hrs Scheduled Shift 2 Start Shift 2 End Headcount Hrs Scheduled Shift Othr Start Shift Other End Headcount Hrs Scheduled Mon Tue Wed Thr Fri 6:30 AM 6:30 AM 6:30 AM 6:30 AM 6:30 AM 10:30 AM 11:30 AM 12:30 PM 1:30 PM 2:30 PM 0.50 0.50 0.50 0.50 0.50 4.00 4.00 4.00 4.00 4.00 3:30 PM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 11:30 PM 11:30 PM 11:30 PM 11:30 PM 11:30 PM 1.00 1.00 1.00 1.00 1.00 8.00 8.00 8.00 8.00 8.00 Sat Total Hours Per Week: FTE Per Week (40 Hours Full Time): 19 TOTAL 0.50 20.00 1.00 40.00 0.00 60.00 1.50 Montague Area Public Schools CUSTODIAL SERVICES PROPOSAL – Bid Response Document #2 – Staffing Sample – Cont. Oehrli Elementary School Sun Shift 1 Start Shift 1 End Headcount Hrs Scheduled Shift 2 Start Shift 2 End Headcount Hrs Scheduled Shift Othr Start Shift Other End Headcount Hrs Scheduled Mon Tue Wed Thr Fri 6:30 AM 6:30 AM 6:30 AM 6:30 AM 6:30 AM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 1.00 1.00 1.00 1.00 1.00 8.00 8.00 8.00 8.00 8.00 3:30 PM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 11:30 PM 11:30 PM 11:30 PM 11:30 PM 11:30 PM 2.00 2.00 2.00 2.00 2.00 16.00 16.00 16.00 16.00 16.00 Sat TOTAL 1.00 40.00 2.00 80.00 Total Hours Per Week: FTE Per Week (40 Hours Full Time): 0.00 120.00 3.00 Montague Area Childhood Center Sun Shift 1 Start Shift 1 End Headcount Hrs Scheduled Shift 2 Start Shift 2 End Headcount Hrs Scheduled Shift Othr Start Shift Other End Headcount Hrs Scheduled Mon Tue Wed Thr Fri 11:30 AM 11:30 AM 11:30 AM 11:30 AM 11:30 AM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 3:30 PM 0.50 0.50 0.50 0.50 0.50 4.00 4.00 4.00 4.00 4.00 3:00 PM 3:00 PM 3:00 PM 3:00 PM 3:00 PM 11:00 PM 11:00 PM 11:00 PM 11:00 PM 11:00 PM 1.00 1.00 1.00 1.00 1.00 8.00 8.00 8.00 8.00 8.00 Sat Total Hours Per Week: FTE Per Week (40 Hours Full Time): 20 TOTAL 0.50 20.00 1.00 40.00 0.00 60.00 1.50 Montague Area Public Schools CUSTODIAL SERVICES PROPOSAL – Bid Response Document #2 – Staffing Sample – Cont. Operations Building Sun Shift 1 Start Shift 1 End Headcount Hrs Scheduled Sun Shift Start Shift End Headcount Hrs Scheduled Mon Tue Wed day and time is variable/ split with high school Thr Fri Sat 1:30 PM 3:00 PM 0.04 1.50 Total Hours Per Week: FTE Per Week (40 Hours Full Time): Supervisor - School in Session Mon 9:00 AM 6:00 PM 1.00 8.00 Tue 9:00 AM 6:00 PM 1.00 8.00 Wed Thr Fri Sat 9:00 AM 9:00 AM 9:00 AM 6:00 PM 6:00 PM 6:00 PM 1.00 1.00 1.00 8.00 8.00 8.00 FTE Per Week (40 Hours Full Time): TOTAL District-Wide FTE - School in Session: 21 TOTAL 0.04 1.50 1.50 0.04 TOTAL 1.00 40.00 1.00 10.00 Montague Area Public Schools CUSTODIAL SERVICES PROPOSAL – Bid Response Document #3 – Affidavit of Bidder -Familial Relationships Form The undersigned, the owner or authorized officer of ________________________ (the “Contractor”), pursuant to the familial disclosure requirement provided in the ________________________ (the “School District”) advertisement for service bids, hereby represent and warrant, except as provided below, that no familial relationships exist between the bidder(s) or any employee of the School District, and any member of the Board of Education of the School District or the Superintendent of the School District. List any Familial Relationships: Contractor: ___________________________ By: Its: STATE OF MICHIGAN ) )ss. COUNTY OF ____________ This instrument was acknowledged before me on the _____ day of ____________, 2015, by __________________________. _____________________________ , Notary Public ______________ County, Michigan My Commission Expires:___________ Acting in the County of :___________ 22 Montague Area Public Schools CUSTODIAL SERVICES PROPOSAL – Bid Response Document #4 – Affidavit of Bidder – Iran Economic Sanctions ACT Michigan Public Act No. 517 of 2012 The undersigned, the owner or authorized officer of the below-named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the __________ (the “School District”) Request For Proposals (the “RFP”), hereby certified, represents and warrants that the Contractor *(including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a r4esult of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing any services under the contract. Contractor: ___________________________ By: Its: STATE OF MICHIGAN ) )ss. COUNTY OF ____________ This instrument was acknowledged before me on the _____ day of ____________, 2015, by __________________________. _____________________________ , Notary Public ______________ County, Michigan My Commission Expires:___________ Acting in the County of :___________ 23 Appendix C - CUSTODIAL SERVICES CONTRACT This Custodial Services Contract (the “Contract”) is made and entered into as of this 1st day of July, 2015 (the “Effective Date”), by and between the Montague Area Public Schools (“the District”), a Michigan general powers school district organized and operating under the provisions of the Revised School Code, MCLA 380.1, et seq., as amended, whose principal office is located at 4882 Stanton Blvd., Montague, MI 49437, and _______________ (“Contractor”), a Michigan corporation whose principal place of business is __________________________________. In consideration of the mutual promises set forth below, the parties agree as follows: 1. Services and Location of Services. Contractor agrees to provide the services described in Appendix A, Appendix B, Sections 1 and 2 of the RFP (“Contract” Appendix C) and Bid Documents #1, #2, #3, and #4 (“Contract” Appendix D attached hereto and made a part hereof, collectively the “School Facilities, “Specifications,” “Proposal” and “RFP”). In the event that School desires to modify the Specifications subject to this Contract, the parties will negotiate a mutually acceptable modification of the price set forth in paragraph 2 below which modification will be evidenced by a writing executed by both parties. 2. Payment. In consideration of these services, the District shall pay to Contractor during the term of this Contract, the sum of _____________________________________ per month. The first monthly payment shall be due thirty (30) days after the District’s first receipt of an invoice from the Contractor and subsequent invoices shall be paid within thirty (30) days from the District’s receipt. The price for increasing square footage over and above the amount on the School Facilities list is: ______. The price for reducing square footage under the amount on the School Facilities list is:_______. All increases or decreases of square footage shall be communicated to the contractor at least 60 days prior to this change. 3. Equipment. The Contractor will provide the necessary equipment, and will maintain, repair, and replace as needed, to perform the Services specified in this contract. Equipment listed in the bid document is the expected initial purchase and subject to the accountability process listed in the RFP. 4. Consumable Supplies. The District will provide toilet paper, paper toweling, soap, trash can liners, air fresheners, hand sanitizer, sanitary products, ice melt, light bulbs, chalk, dry erase cleaner, etc. The Contractor will work with the school on ordering and inventory of said product. 5. Cleaning Supplies. The Contractor is responsible for the purchase, delivery, receiving, storage and inventory of all custodial supplies and will pay for all cleaning supplies related to 24 custodial service under this Contract. All custodial supplies shall be delivered in proper transportation containers at District approved times and shall be accompanied by or have on the Properties in designated areas, the proper Safety Data Sheets for the District’s files. 6. Standards. Failure by the Contractor to maintain quality, Services, and/or cleanliness standards in accordance with the terms of this Contract, including the appendices and bid documents attached hereto, may result in termination of part or this entire Contract by District. District standards are defined as compliance with this contract and all appendices and are communicated with the contractor during monthly meetings held by the Director of Operations. 7. Limitation of Use. The Contractor will not be authorized to utilize the District Facilities for any other custodial service or purpose not specified in this Contract. Only custodial services for District Facilities will be performed in District Facilities. 8. Keys. The Contractor is responsible for control of the keys obtained from the District. The Contractor shall be responsible for reimbursing the District for the replacement of lost keys and the cost of re-keying and replacement of lock cylinders required as a result of negligence and/or lost keys by Contractor or Contractor’s employees. The contractor shall communicate the loss of keys to the Director of Operations by email within one (1) day. 9. Term and Termination. The initial term of this Contract shall be for 3 years from the Effective Date. If at any time, the District believes the Contractor is in breach of this Contract, including without limitation, failure to comply with the required standards of cleanliness, the Contractor shall be notified in writing and provided with details of said breach. The Contractor will then be provided thirty (30) days to remediate the breach. If the Contractor does remediate the breach, then the Contractor will be deemed to be in compliance with the terms of the Contract. The District may terminate this Contract upon one hundred twenty (120) days written notice to the Contractor if the Contractor fails after the prescribed thirty (30) days to remedy the breach. The Contractor may terminate this Contract upon one hundred twenty (120) days written notice to District for breach of the District’s obligations under this Contract and the breach is not corrected within that one hundred twenty (120) day period. After the initial term, this Contract will be automatically renewed on a year-to-year basis unless terminated by either District or Contractor upon 120 days written notice received prior to the expiration of the initial term or the expiration of any subsequent term. For each renewal term under this Contract, the parties will negotiate a mutually acceptable modification of the price set forth in paragraph 2 above. If at any time during the initial term of this contract, the Contractor is required by local, state or federal governing bodies to increase pay or add benefits in excess of current levels, and then the Contractor will have the right to open the contract for renegotiations for such additional compensation. 10. Health and Safety Requirements. It shall be the sole responsibility of the Contractor to require its employees to abide by all health and safety requirements imposed by law. The 25 Contractor and all of its employees shall abide by safety and health regulations set forth by the District, and shall comply with all federal, state and local health and sanitation regulations that apply to custodial service operations. 11. Inspection of Contractor’s Workspace. The District reserves the right to inspect all cleaning areas, storage areas, offices and any other space on district property under the Contractor’s control at any time, with or without notice. 12. Inspection of work. The District shall have the right at all times to determine by inspection whether District Facilities meet the standard of cleanliness and maintenance required by the Specifications set forth in the appendices. 13. Licenses. The Contractor shall obtain all required licenses and permits required by law for the operation of this Contract. The Contract shall pay all required fees, taxes and other charges applicable. 14. Laws, Rules and Regulations. The policies of the District are applicable to the Contractor as they are to the District. The Contactor must comply with all District policies, County ordinances and/or state and federal laws that may be applicable to its performance under the Contract. 15. Staffing. The Contractor shall maintain an adequate staff at all times to ensure compliance with the Specifications set forth in the Appendices including expert personnel for administration, purchasing, equipment consulting, and supervision. 16. Management Staff. Contractor shall provide management staff made known to the District by name, to monthly review and inspect operations, consult with the District on current and future custodial service programs and to act with full authority on the Contractor’s behalf in any and all matters pertaining to the Specifications of this Contract. The Contractor will make provision for a manager to be accessible when needed. Such management shall be nonproduction personnel and shall be clearly identified as the individual in charge of the operation and available to give assistance. 17. Employee Regulations. Personnel or agents of the Contactor shall observe all District traffic and parking regulations. Drinking of alcoholic beverages or the use of illegal drugs or being under the influence of either on the job by the Contractor’s employees will not be permitted. Smoking is prohibited inside all Facilities owned, leased or operated by the District, including but not limited to such space as classrooms, halls, laboratories, studios, open and private offices, corridors, dining areas, restrooms and common areas. Smoking is also prohibited on District grounds. Contractor must comply with all District policies and regulations. 26 18. Inspection of Contractor employees. The District shall have the access to all of the Contractor employees with respect to the quality of procedures, safety standards, appearance and conduct of the Contractor’s employees, operating hours, and general housekeeping and upkeep of the Facilities. The parties may, by mutual agreement, make reasonable regulations with regard to all such matters and the Contractor agrees to comply with such regulations. 19. Advertising. The Contractor agrees not to use this Contract as part of any commercial advertising without prior written approval of District. 20. Federal, State and Local Law Compliance. The District shall use its best efforts as reasonably requested by the Contractor to assist the Contractor in complying with any applicable federal, state or local laws, rules and regulations. The Contractor shall, in the exclusive provision of Custodial Service and in the performance of services pursuant to the Contract, fully comply with all applicable federal, state, or local laws, rules and regulations and shall indemnify, defend and hold the District, administrators, Board, Board Members, its officers, employees, agents and assignees harmless from any liability from failure of such compliance. Contractor warrants that this Contract is in compliance with all applicable federal and state law. 21. Federal, State and Local Licenses, Permits and Fees. Contractor shall give all notices and secure and pay for all licenses, permits and fees required by law for the proper completion of the Contract. Contractor shall comply with all laws, ordinances and codes applicable to the Contract, and to policies and procedures promulgated by the District, including but not limited to parking, traffic, no smoking, safety and security. 22. Taxes. Contractor is responsible for personal property taxes and other applicable taxes related to the services provided under the Contract. 23. Equal Employment Opportunity Requirements. The Contractor shall comply with all laws and all published rules, regulations, reporting requirements, directives and orders of the Michigan Civil Rights Commission relevant to 1976 PA 453, as amended which may be in affect prior to the taking of bids for any individual project. This may include providing information as to the practices, policies, and employment statistics of the Contractor and each subcontractor, and will permit access to any books, records and accounts by the District and/or its designee and its agents. For purposes of investigating compliance with this Contract and with rules, regulations, and orders of the District and Michigan Civil Rights Commission. A finding by the District or Michigan Civil Rights Commission that Contractor has not complied with the contractual obligations under this agreement may result in the termination of the Contract or ineligibility for future contracts with the District. The Contractor will include, or incorporate by reference, these provisions in every subcontract or purchase order and will be binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. 27 24. Discrimination. The Contractor will not discriminate against any individual because of race, religion, color, national origin, age, or sex, height, weight, or marital status. The Contractor will take affirmative action to ensure that applicants for employment and employees during employment are treated without regard to their race, religion, color, national origin, age, or sex, height, weight, or marital status. Based on the Michigan’s Persons with Disabilities Civil Rights Act, the contractor shall not discriminate because of a disability or genetic information that in unrelated to the individual’s ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment advertising, solicitations or advertisements for employees, layoff or termination, rates or pay or other forms of compensation, and selection for training and apprenticeship. 25. OSHA and MIOSHA Compliance. All goods or services to be furnished by the Contractor shall meet all applicable State and Federal requirements of the Occupational Safety and Health Act. Alleged violations or deviations from said State and Federal requirements pertaining to any goods or services to be furnished by the Contractor or the Contractor's working conditions or employment practices, must be corrected and penalties levied by OSHA paid by the contractor. All District Facilities shall meet all applicable State and Federal requirement of the Occupational Safety and Health Act. Alleged violations or deviations from said State and Federal requirements pertaining to facilities pertaining to the safety of the Contractor’s employees must be corrected and penalties levied by OSHA paid by the District. 26. Warranty. Unless otherwise specified, all Services performed and goods supplied by Contractor shall be of good quality and merchantability and in conformance with this Contract. 27. Business Relationship Affidavit. The Contractor certifies that no elected or appointed official or employee of the District has benefited or will benefit financially or materially from any consideration of its Proposal, the selection of the Contractor, or the Contract. 28. Repairs to Property Damage. The District shall be notified of any damage to District properties caused by the Contractor, its agents or employees and such damage shall be repaired so that the District properties are in as good condition as they were prior to the damage. Notification to the Director of Operations shall be no later than 24 hours after the damage was discovered. All such repairs shall be accomplished at no cost to the District and shall meet standard building practices. Repairs shall be completed within a reasonable amount of time. Inadequate repairs may result in termination of the contract. 29. Contract Assignment or Sub-Contract. This Contract shall not be assigned, transferred, or subcontracted in whole or in part without the prior written approval of the District. The Contractor shall not subcontract with any entity or person with whom the District has a reasonable objection. The Contractor shall not change subcontractors without the consent of the District. The Contractor shall ensure that each subcontractor be bound to the Contractor, to the Contract, and to 28 the terms and rights of these documents, including all appendices. Notwithstanding the above, no subcontract will relieve the Contractor of its responsibility under this Contract. 30. Indemnification by Contractor. The Contractor shall indemnify, defend and hold harmless the District, its Board and its Board Members in their official capacities, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney’s fees, arising out of the services to be performed pursuant to this Contract by Contractor. Contractor shall not be obligated to indemnify, defend or hold harmless the District, its Board and its Board Members in their official capacities, its agents and employees, from and against claims, damages, losses and expenses arising from the acts or omissions of the District or its employees. 31. Indemnification by District. The Contractor acknowledges that the District is a Michigan general powers school district organized and operating under the provisions of the Revised School Code, MCLA 380.1, et seq., as amended, and as a general powers school district, may not have the legal authority to indemnify the Contractor. Subject to the foregoing and to the extent permitted by law, the District shall indemnify, defend and hold harmless the Contractor, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney’s fees, arising out of the obligations of District under this Contract. This obligation of District to indemnify Contractor includes any claims made by any union representing past or present employees of District against Contractor for its proposal to the District for providing these Services or for entering into this Contract or for performing services pursuant to this Contract. Examples of these claims include, but are not limited to, tortuous interference with contractual or business relations and breach of contract. The District shall indemnify, defend and hold harmless the Contractor, its agents and employees, from any and all claims, damages, losses and expenses, including reasonable attorney’s fees arising out of any claim with regards to asbestos materials of any type or kind in any District facility. The District shall not be obligated to indemnify, defend or hold harmless Contractor, claims, damages, losses and expenses arising from the acts or omissions of the Contractor or its employees. 32. Hazardous Substance; Pre Existing Conditions. The Contractor. has no duty to investigate, detect, prevent, handle encapsulate, remove, or dispose of, and will have no responsibility to the District or others for any non-negligent exposure of persons or property to asbestos, lead, fuel storage tanks or contents, indoor air pollutants or contaminants, poor air quality, or hazardous, toxic or regulated waste substances, mold, fungi, mildew, pollutants, or contaminants (collectively, the “Hazardous Substance”) at District’s Facilities or their surrounding premises; and such duties have not been included in the Contractor’s Fee. The District will comply with all applicable federal, state and local laws and regulations, which have been or will be enacted during the Term of this Agreement, regarding such Hazardous Substances. The Contractor has advised the District that it does not provide or assume any responsibility to monitor or remediate mold, fungi, 29 mildew, indoor air quality or any similar conditions, and that all determinations and corrective actions regarding mold, fungi, mildew, indoor air quality and any similar conditions shall be made by the District or a third party retained by the District. In no case will any Contractor act in the capacity of a “Designated Person” (within the meaning of the Asbestos Hazard Emergency Response Act, AHERA) which duties remain solely with the District. Notwithstanding the foregoing, the Contractor shall promptly advise the District in writing if it becomes aware of the presence of a Hazardous Substance on or at the District Facilities. 33. Insurance Requirements. Contractor shall purchase and maintain for the life of the Contract insurance with limits of liability as required by law or as set forth below, whichever is greater: (a) Workmen's Compensation and Employers liability at a minimum of $500,000 or at statutory limits if greater. (b) Commercial General Liability made on an Occurrence Form basis which Includes at minimum the following types of coverage: (c) Contractual liability, advertising and personal injury, products and completed operations, and an installation floater, showing limits of $1,000,000 per occurrence, and a general aggregate limit of $2,000,000. (d) Comprehensive Automobile Liability, which includes coverage for any auto, hired autos, and non-owned autos with a combined single limit of $1,000,000. (e) Bodily and personal Injury of $500,000 per accident and $250,000 per person Property damage of $100,000. (f) Combined single limit of $1,000,000. (g) The District shall be identified as an additional insured under the coverage. Certificates of insurance shall be on standard format acceptable to the District and shall be filed with the District before commencing the Contract. These certificates shall contain a provision that coverage provided under the policies will not be canceled until at least thirty (30) days prior written notice has been given to the District. The Contractor shall require its subcontractors to maintain equivalent coverage. In the event of termination of any of the policies, the School District may, at its option, obtain a policy of insurance with similar coverage and deduct the amount of premium from the amount due the Contractor under Section 2, above. 34. Specifications and Criteria for Custodial Contract. The terms conditions and requirements contained in the Operations Specifications and RFP, attached hereto as Appendix B and Bid Documents #1 and #2 are hereby incorporated into this Contract. In the event of a conflict on language, the order of precedence is the Contract, District Facilities, Specification, Operational Language and RFP that shall govern and control. 30 35. FERPA Compliance. The contractor and its employees and agents agree to comply with the requirements of the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g with respect to the confidentiality of student records and personally identifiable student information, including but not limited to the requirement not to disclose any student record or personally identifiable student information to any other party without the prior written consent of the student's parent or legal guardian or from an eligible student who has reached majority age. 36. Entire Agreement. This Contract (including the Appendices, bid documents, and responses to bid documents by the contractor) sets forth the entire understanding between the parties with respect to the subject matter of this Contract and supersedes all previous oral or written agreements and understandings on the subject matter between the parties. No provision of this Contract, including the obligations of Contractor, may be modified except in writing executed by the parties. 37. Notices. Any notice to be given to a party under this Contract shall be in writing and shall be deemed to have been given when personally delivered or sent by First Class Mail, postage prepaid or by facsimile to such party at the address set forth in the first paragraph of this Contract. 38. Agreement Not to Solicit or Hire Employees. Both Parties agree that during the terms of the contract and for a period of one year after its termination for any reason, they will not solicit or induce, or attempt to solicit or induce, employees of the other party to leave their employment to work for or become affiliated with its company or any other business which would succeed the Contractor with regard to this contract. This covenant shall survive the termination of the Customer Agreement. 39. Governing Law. This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Michigan. 40. Independent Contractor Status. The terms of this Agreement shall not be construed in any manner whatsoever so as to create a joint employer relationship between the Contractor and the District. The Contractor, its employees, officers or agents shall NOT be considered employees of the District at any time during the term of this Contract, but shall be deemed independent contractors. Contractor shall be exclusively responsible for hiring, retaining, compensati9ng, evaluating, disciplining and otherwise regulating its employees. Contractor’s employees and agents shall not be considered agents of the District. Notwithstanding the foregoing, the District may request removal of any employee of the Contractor upon two weeks’ notice. The parties agree to discuss promptly and address any such request. 41. Waiver. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Contract shall not be construed as a waiver of any 31 subsequent breach, shall not affect the validity and operation of this Contract, and shall not prejudice either party with regard to subsequent action to enforce the terms of this contract. 42. Illegality. If any provision of this Contract should be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this Contract shall not be affected, impaired, or prejudiced thereby, unless the provision(s) removed materially impact the basic intent of the Contract. 43. Counterparts. This contract may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed to be an original, but all of which constitute one and the same agreement. This Contract has been executed by the duly authorized officers of the parties as of the date first above written. _____________________________Schools, a Michigan general powers school district By Its __________________________________, a Michigan corporation By Its 32
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