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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
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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:
[email protected]
Please DO NOT walk our facilities prior to the mandatory walk date.
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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 [email protected] 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 [email protected] 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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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,
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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.
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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
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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
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