CUSTODIAL AND MAINTENANCE SERVICES

WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT CUSTODIAL AND MAINTENANCE SERVICES REQUEST FOR PROPOSALS ("RFP") March 19, 2024 2 I. SUBMISSION DEADLINE AND PROPOSAL REQUIREMENTS The date and time for receipt of Proposals is: April 12, 2024 at 1:00 PM 1.1 Proposal Envelope. An opaque, sealed envelope containing your Proposal, and any other supporting data to be submitted therewith, must be marked in the lower right hand corner with the following description: WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT CUSTODIAL AND MAINTENANCE SERVICES RFP [PROPOSER'S NAME] [PROPOSER'S ADDRESS] [PROPOSER'S TELEPHONE NUMBER] The envelope must be addressed and delivered to: Woodhaven-Brownstown School District Attention: Michael Belcher Director of Contracted Services and Capital Projects 24821 Hall Road Woodhaven, Michigan 48183 1.2 Late Proposals. Each Proposer is responsible for submission of its Proposal. Proposals or revisions to Proposals received after the date and time specified above may be rejected for

consideration by the School District. Any rejected proposals will be returned to the Proposer unopened. The School District is not liable for any delivery or postal delays. 1.3 Original Proposal and Copies. Each Proposal must be an original and hard copy, and signed by an authorized member of the Proposer’s firm. Oral, telephonic, telegraphic, facsimile, or email Proposals will NOT be accepted. Along with the original, signed Proposal, the Proposer shall also submit three (3) copies of the Proposal. 1.4 Opening of Proposals. The Proposals will be opened at the date and time stated above, by the superintendent and/or such other administrator authorized by the Board of Education. No immediate decision will be rendered. Proposals will not be open to the public, nor disclosed to unauthorized persons prior to award. However, after award, all Proposals shall be open to public inspection, subject to any continuing disclosure prohibition under Michigan law. 3 1.5 RFP Clarifications and Addenda. 1.5.1 Intent to Respond. Each Proposer who intends to submit a Proposal in response to this RFP may submit, via email, an “Intent to Respond” to Michael Belcher at belchem@wbsdweb.com with the subject line “Custodial and Maintenance RFP Intent to Respond.” An Intent to Respond shall include the name of the Proposer, the name of the contact person, and that person’s email address. The School District intends to communicate with Proposers via email, including with respect to RFP clarifications and addenda. Those Proposers who fail to properly provide an Intent to Respond are not precluded from bidding; however, they may not receive responses to requests for clarification or addenda and shall be solely responsible for obtaining any such information in an alternative manner. 1.5.2 Requests for Clarification. Proposers must examine this RFP and otherwise satisfy themselves as to the scope of the RFP and their respective responses. After submission of proposals, the School District will not entertain any complaint or claim that the terms of the RFP were misunderstood. Proposers may request clarification of information within the RFP. All such requests should be made in writing to Michael Belcher at the email address given above and with the subject line “Custodial and Maintenance RFP Request for Clarification.” Written responses to all written requests for clarification will be made and distributed to all Proposers who submitted an Intent to Respond via addenda. No requests for clarification will be accepted after the close of business on April 5, 2024, which is 7 days before the deadline for submission of proposals. The responses to any requests for clarification will be provided to all Proposers who filed an Intent to Respond or are otherwise on record with the School District as having received an RFP. 1.5.3 Addenda. If it becomes necessary to revise any part of the RFP, by addition, deletion, clarification, or correction, notice of the revision will be emailed to all Proposers who filed an Intent to Respond in accordance with Paragraph 1.5 and otherwise available to all Proposers upon an appropriate request. The School District may, but shall not be required to, deliver addenda by regular mail or other method. All addenda shall become a part of the RFP. Each Proposer bears responsibility for confirming prior to submitting a Proposal that s/he has received all issued Addenda. To avoid miscommunication, each Proposer should acknowledge all addenda which it has received, but the failure of a Proposer to receive, or acknowledge receipt of any addendum shall not relieve the Proposer of the responsibility for complying with the terms thereof. 1.5.4 Availability. Copies of this RFP and any associated Addenda may be received from the Woodhaven-Brownstown School District Administration mailto:belchem@wbsdweb.com 4 Offices between the hours of 8 a.m. and 4 p.m., Monday through Friday, prior to the time and date specified above for the submission of Proposals. 1.6 RFP/Proposal Information Controlling. Each Proposer shall prepare its Proposal based only on the information contained in this RFP, notwithstanding any information that may have been previously provided to, or alternately obtained by, a Proposer. A Proposer noting any inconsistency between the information contained in this RFP and any information previously or alternately obtained should submit a request for clarification. No information communicated verbally or in writing to or from a Proposer shall be effective unless confirmed in writing in this RFP, an addendum to this RFP, a request for clarification response, or other another written response. 1.7 Bonding and Security. Each Proposal must be accompanied by a bid bond, certified check, or irrevocable letter of credit in an amount of five percent (5%) of the first year’s proposed contract sum as a guarantee of the Proposer’s good faith. If a bid bond is posted by a Proposer, it shall be from a surety licensed to do business in the State of Michigan and the attorney-in-fact who executes the bid bond on behalf of the Proposer shall attach a certified, current copy of its power of attorney. In the event a certified check is submitted, it shall be made payable to “Woodhaven-Brownstown School District,” and the School District shall not be liable for any interest earned thereon. The security, in whatever form, shall be forfeited in its entirety as liquidated damages, and not as a penalty, if the Proposer withdraws its Proposal after the due date for submission of Proposals or, upon acceptance of its Proposal by the School District, Proposer fails to perform services or to execute a form of Contract, including the provision of insurance and bonds acceptable to the School District, within thirty (30) days of an award to Proposer. Good faith deposits shall be returned to all Proposers within a reasonable time after the award to the successful Proposer. 1.8 Reservation of Rights. It is the intent of the School District to award any Contract in due course after a reasonable period of time to evaluate Proposals in light of the RFP requirements. The School District reserves the right to waive any irregularity in the RFP process or any Proposal, and the right to award any Contract to an entity or person that is not the Proposer(s) submitting the lowest bid. The School District reserves the right to request additional information from any or all Proposers, including an oral interview to discuss, clarify, and answer any questions regarding the Proposal. The School District reserves the right, in its sole discretion (for this provision and for all other provisions contained in this RFP), to accept or reject, in whole or in part, any or all Proposals with or without cause. Grounds for rejection of Proposals may include, but are not limited to: • Failure of Proposal to conform to RFP requirements • Submitting a Proposal imposing conditions which would modify the terms and conditions of the RFP or limit the Proposer’s liability to the School District on any awarded contract 5 • Submitting a Proposal determined by the School District to be unreasonable in price • A Proposal is received by a Proposer determined by the School District not to be a responsible Proposer • Failure to furnish a bond or security as required by the RFP • Any other reason deemed relevant by the School District 1.9 Release of Claims. Each Proposer submitting its Proposal releases the School District from any and all claims arising out of, and related to, the RFP process and the selection of a contractor. 1.10 Proposer Bears Costs of Proposal. A Proposer is responsible for any and all costs it incurs (or that are incurred by others on its behalf) in preparing or submitting a Proposal, in otherwise responding to this RFP, or in any negotiations incidental to its Proposal or this RFP. Also, if selected, any start-up costs are included in the bid amount. 1.11 Modification or Withdrawal of Proposals. 1.11.1 Proposals submitted early may be modified or withdrawn prior to the submission deadline. Any modified or resubmitted Proposal shall be submitted in the same fashion as required by this RFP and shall be worded so as not to reveal the amount of the original proposal sum. 1.11.2 Proposals submitted and not timely modified or withdrawn shall be irrevocable for a minimum period of ninety (90) calendar days following the submission deadline. 1.12 Collusive Bidding and Relationship Disclosure. 1.12.1 The Proposer certifies that its Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action. 1.12.2 The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached to this RFP as Attachment A. 1.12.3 The Proposer shall submit an Iran Economic Sanctions Act Certification in substantially the form attached hereto as Attachment B. 1.13 Pre-Bid Meeting. 1.13.1 The School District may conduct a pre-bid walk of the facilities on a date to be determined. The Proposer is strongly encouraged to attend any such walk- 6 through because, if provided, no other walks will be guaranteed. The Proposer may ask questions about the facilities, equipment and the RFP during such walk, answers to which may be given immediately or at a later date in accordance with the process described above. If a Proposer does not attend any such pre-bid walk-through, it shall provide along with its proposal an explanation why the School District should be confident that Proposer understands the scope of work to be provided pursuant to this RFP. 1.13.2 The School District reserves the right to reject the proposal of any Proposer failing to attend any such pre-bid walk and failing otherwise to explain in writing why the Proposer has at least equivalent knowledge of the School District's facilities and requirements as other Proposers who attended the walk-through. II. SELECTION TIME LINE, CRITERIA, AND EVALUATION 2.1 The RFP shall be released and considered on the following schedule: Release of RFP March 19, 2024 Pre-Submission Walkthrough April 2, 2024 2:00 PM 24821 Hall Road, Woodhaven 48183 Deadline for Requests for Clarification and Addenda April 5, 2024 Proposals Due April 12, 2024@ 1:00 PM Proposer Interviews April 15-16, 2024 Contract Award May 14, 2024 Commencement of Service July 1, 2024 With the exception of the deadline for Proposal submission, the School District reserves the right, in its sole discretion, to change or eliminate any or all portions of the above-identified selection timeline as it determines to be in its best interest, with or without notice to Proposers. 2.2 Proposal Information. Proposals must demonstrate an understanding of the scope of work and the ability to accomplish the tasks set forth herein and must include information that will enable the School District to determine the Proposer’s overall qualifications. Each Proposal shall include the information identified below and any other information required by this RFP, but may also include any other information that the Proposer feels is significant with respect to the School District making an informed decision relative to the Proposal. 2.2.1 Bid security as required by Section 1.7. 7 2.2.2 Original bid document and copies as required by Section 1.3. 2.2.3 The Proposal shall include a cover letter, including a brief executive summary, the legal name of the Proposer and brief statement of its history, and a statement of whether the Proposer is a sole proprietor, a partnership, corporation, or other legal entity. The cover letter shall be on company letterhead and signed by a person authorized to bind the Proposer in contract. 2.2.4 The Proposed Contract Sum shall be identified on, and in compliance with, the Proposal Form attached hereto as Attachment C. 2.2.4.1 The Proposed Contract Sum shall be identified as a total dollar amount, including a breakdown of Full-Time Equivalent (FTE) Employees, in numbers and values, necessary for the Contractor to perform the services. An FTE of 1.0 means that the person is equivalent to one full-time workers, which is one person working an 8 (8) hour shift per day. The Proposer shall also provide an adequate explanation how the Proposed Contract Sum has been computed. 2.2.4.2 Alternative pricing shall be provided for all of the following: 2.2.4.2.1 The additional cost of providing services for two additional one-year Terms (beyond the initial three- year term), which may be authorized at the School District’s sole option. 2.2.4.2.2 The additional cost of providing a performance bond as further discussed in Section 2.4.4. 2.2.4.2.3 The additional cost of the Proposer procuring and providing all necessary future cleaning and maintenance supplies, materials, and equipment. 2.2.4.2.4 The additional cost of providing services for events and activities on weekends and holidays as provided in Section 4.3.1.4.2. 2.2.4.5 Other pricing methods and alternates may be considered, but only if the Proposer is first considered responsive to the pricing requirements identified above. 2.2.5 By submitting a Proposal, each Proposer is attesting to the following: (a) Proposer has read and understands the RFP and project requirements and the Proposal is made in accordance therewith, (b) Proposer warrants that it is familiar with the buildings, grounds, and scope of work to be performed, and 8 (c) Proposer’s price is based upon all required work, personnel, supplies, materials and equipment, taxes and other costs described in the RFP and in accordance with all terms and conditions without exception. 2.2.6 The Proposer shall submit a statement of the Proposer’s qualifications, including any evidence that it is currently providing custodial services for other K-12 school districts of similar size and scope as the School District, particularly identifying outstanding custodial service contracts. 2.2.7 If applicable, the Proposer shall acknowledge in writing all Addenda received and reviewed prior to submission of its Proposal. 2.2.8 The Proposal shall include a list of the Proposer’s management staff to be assigned to manage the School District’s needs, describe the chain of command and reporting relationships, and include an organizational chart (including where any School District liaison or representative would be placed). 2.2.9 The Proposer shall provide a list of training programs, if any. 2.2.10 The Proposer shall describe in detail its experience with respect to the conversion of custodial services from one contracted service provider to another, as well as a transition plan for the School District. The Proposer shall further describe how it will assist the School District in this regard and its customer relations philosophy with respect to the same. 2.2.11 The Proposer shall provide a list of at least three (3) references, including contact names, addresses, phone numbers, length of time in service, and square footage of applicable facilities; and, if applicable, the name of any entities who contracted with Proposer to convert from school-provided custodial services to a contracted service custodial program or from one contracted service provider to another. 2.2.12 The Proposer shall provide evidence of its ability to furnish insurance required by this RFP and its financial stability, including annual audited financial reports for the three most recent fiscal years. 2.2.13 The Proposer shall acknowledge and agree to comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances and policies that apply to Michigan public schools. Without limiting the breadth of the foregoing, the Proposer shall agree to comply, at its cost, with the requirements for criminal history and background checks conducted or facilitated by the School District as required by the Revised School Code. 9 2.2.14 The Proposer shall provide a list of all litigation, arbitrations, mediation and/or regulatory proceedings for the past five years related to Proposer’s provision of custodial services, provision of supplies, materials and equipment with respect to the same, working conditions, employment practices, and mistreatment of pupils or others. Disputes regarding workers’ compensation or unemployment proceedings are not included in this subsection. 2.2.15 The Proposer shall provide a written schedule identifying the number of employees designated per building for each day and the total number of hours that Proposer’s employees will work therein each day. The Proposer shall also provide the number of reserve staff available to meet minimum staffing requirements. Such information shall be considered to evaluate the Proposer’s ability to meet custodial service requirements for each building. 2.2.16 The Proposer shall specifically identify and explain any and all complaints or requested exceptions to its compliance with the requirements of this RFP and the form of Contract. The failure to specifically identify and explain an exception shall be deemed an express agreement to be bound by the terms of the RFP and/or Contract. 2.2.17 The Proposer shall provide a brief statement of its business and service philosophy, goals, and visions. 2.3 Evaluation of Proposals. The purpose of this RFP is to consider a contractual relationship with an experienced and qualified custodial service provider to provide complete custodial services to the School District in the most efficient and cost- effective manner possible while, at the same time, maintaining the highest performance standards and reliability. It is acknowledged that every aspect of the operation may not be detailed in this RFP. The Proposer must document its expertise, experience, and approach based on its understanding of the School District’s requirements. 2.3.1 The School District shall have the right to take such steps as are necessary to determine the ability of the Proposer to perform the work in a prompt and efficient manner in accordance with the RFP. In determining the qualifications and responsibilities of the Proposer, the School District shall take into consideration those criteria listed in Section 2.2 and any other consistently-applied information the School District deems necessary. 2.3.2 The School District reserves the right, but shall not be obligated, to select one or more Proposers for post-Proposal investigation, discussions and negotiations, which may include a short post-proposal oral presentation to the School District. Such discussions and negotiations, if they occur, will involve only Proposers who submit Proposals falling within a competitive range to be 10 determined by the School District. Proposals will be generally evaluated based on quality of response to this RFP, apparent capability of Proposer in the areas of management, business stability, routing, and human resources, and cost. 2.3.3 The School District reserves the right to reject any and all Proposals and to waive all informalities and/or technicalities where the best interest of the School District may be served, including the right to award a Contract without further discussion or negotiation with anyone proposing these services. 2.4 Contract Award and Requirements. 2.4.1 The Contract will be substantially in the form attached hereto as Attachment D, except that the School District may elect in its sole discretion to further negotiate the terms of same with Proposers whose Proposals fall within a competitive range as determined by the School District. 2.4.2 The award of a Contract is contingent upon securing an acceptable Proposal, as determined within the School District’s sole discretion. A contract between the School District and the Proposer shall come into existence and be binding and enforceable only upon the following conditions: (a) successful negotiation of terms in accordance with Section 2.4.1, if applicable; (b) execution of a Contract reduced to writing as contemplated by Section 2.4.1; and (c) authorization by the School District’s Board of Education. A contract shall not exist between a Proposer and the School District merely because a Proposer has submitted a conforming Proposal and the School District’s Board of Education has accepted the Proposer’s Proposal. The Contract shall only come into existence when the Contract document between the School District and the Proposer contemplated under Section 2.4.1 is executed by both parties and approved by the School District’s Board of Education. 2.4.3 The Contract shall be for an initial three (3)-year term – from July 1, 2024 to June 30, 2027, with the School District having the right to renew the Contract upon the same terms on a yearly basis, , in its sole and absolute discretion, for up to two (2) additional years. In addition to the period described above, Proposers may submit a supplemental alternate for a different time frame. The Contract may be terminated upon thirty (30) days’ written notice from the School District with or without cause. 2.4.4 Any selected Proposer may be required to provide a performance bond in an amount equal to one hundred percent (100%) of the Proposed Contract Sum. The decision to require a performance bond rests solely with the School District. An additional cost for the performance bond will be allowed only if the Proposer identifies such additional cost as an add-alternate, as required 11 above. If a performance bond is required, the bond shall be written in a form acceptable to the School District and shall be delivered to the School District prior to the date of performance. The School District reserves the right to negotiate the terms of the performance bond, for example, to base the cost on only the first year of service. 2.4.5 Insurance. 2.4.5.1 The Proposer shall insure jointly the liability of itself, the School District, and their duly authorized representatives for damage to property or injury to persons which arise as a result of the Contract and the duties of the Proposer which arise therefrom. Such insurance shall be secured from an insurance company authorized by law to transact the business of insurance in the State of Michigan. Proof of such insurance, a statement of coverage limits and a copy of the applicable policy shall be provided to the School District prior to execution of the Contract. Failure to do so shall be a justifiable basis to act against the Proposer’s bid security. 2.4.5.2 The Proposer shall maintain insurance coverage satisfactory to the School District, including with respect to coverage limits and deductibles, and as set forth below during the term of the Contract. The Proposer shall furnish evidence thereof to the School District not less than thirty (30) calendar days before coverage is required and services are scheduled to begin pursuant to the Contract. Such evidence shall be in the form of a certificate of insurance, which shall include a minimum of sixty (60) days notification to certificate holders of cancellation or change in the policy, and shall be extended to include the School District as an additional insured. The proposed insurance provider(s) must be recognized to do business in Michigan. 2.4.5.3 The Proposer shall maintain such general liability insurance that will protect the Proposer from any claims for liability damages, including death, and damage to property that may arise from operations under, related to, or about the Contract. 2.4.5.4 The Proposer shall maintain such workers’ compensation insurance as will protect the Proposer from claims that may arise from operations under, related to, or about the Contract. 2.4.5.5 The following types of insurance, limits of liability, and policy extensions are required of the Proposer and (except for limit) all sub- contractors: Workers Compensation and Employers Liability Insurance 12 Coverage A – Statutory Coverage B – $500,000 Per Accident Broad Form Comprehensive General Liability Insurance (including – Premises, Contractual, Products & Completed Operations – Including Broad Form Extensions) Each Occurrence $2,000,000 General Aggregate $4,000,000 Products & Completed Operations Aggregate $2,000,000 Personal Injury & Advertising Injury $2,000,000 Fire/Legal $2,000,000 Sexual Molestation $2,000,000 Comprehensive Automobile Liability Insurance (owned, hired, and non-Owned automobiles) $2,000,000 Combined Single Limit Bodily: $1,000,000 each Person $1,000,000 each Occurrence $2,000,000 Annual Aggregate Property Damage: $1,000,000 each Occurrence $2,000,000 Annual Aggregate The Proposer shall not commence work under the Contract until all insurance stated in this RFP is obtained and the School District has reviewed all associated insurance policies. 2.4.6 The Contract, and any other contract between the parties based on this RFP, shall incorporate the terms of the RFP and accepted portions of the Proposer’s response thereto. The Contract will be substantially in the form of agreement attached as Attachment D, subject to: (a) the School District’s ability, in its sole and absolute discretion, to negotiate the Contract’s terms, and (b) any specific exception to the Contract’s terms as identified and explained in writing by the Proposer pursuant to Section 2.2.17, and agreed to by the School District. In the event of any inconsistency between the Contract, the RFP, and response, the provision that is most favorable to the School District (as determined in the School District’s sole discretion) shall govern. Any submitted Proposal is an offer to enter into a contract based upon the foregoing. III. SCHOOL DISTRICT PROFILE AND OVERVIEW Schools/Buildings Square Footage 13 Woodhaven High School ........................................................................................................... 284,880 Patrick Henry Middle School ..................................................................................................... 171,816 Brownstown Middle School ...................................................................................................... 145,901 Yake Elementary .......................................................................................................................... 62,600 Wegienka Elementary .................................................................................................................. 52,680 Gudith Elementary ....................................................................................................................... 52,680 Erving Elementary ....................................................................................................................... 61,860 Bates Elementary ......................................................................................................................... 57,610 Administration Building.....................................................................................20,000 Support Services..............................................................................................16,000 Students 2023/2024 Enrollment ................................................................................................................ ______ Projected increase/decrease in future enrollment ........................................................................ Neutral Number of Current Contracted Custodial and Maintenance Staff ...................................................... 32 Current Contracted Staff for Custodial and Maintenance Management .......................................................................................................................................... 2 Administrative Clerical.............................................................................................1 Custodial ............................................................................................................................................. 22 Facility Maintenance .............................................................................................................................. 6 Grounds Maintenance..............................................................................................1 Seasonal Grounds Maintenance...................................................................................3 14 IV. DESCRIPTION OF SERVICES 4.1 Generally. Proposer shall, during the entire term, furnish all management, supervision, supplies, equipment, services, and necessary insurances required to provide all School District custodial and maintenance services in accordance with this RFP and in accordance with the highest standard in the industry including: 4.1.1 The selection, evaluation, training, compensation, and retention of custodial employees, including all necessary, management and clerical personnel. 4.1.2 Effective communication with the School District, including, but not limited to, the School District’s administration, Board of Education and, as applicable, with parents, students, and the community. 4.1.3 Continuous analysis of the custodial and maintenance operations of the School District in order to effectively manage costs, while maintaining service levels in accordance with School District policy and safety protocol. The Contractor shall identify and implement operational efficiencies that will lead to cost reductions. 4.1.4 Proposer and its employees are required to, and shall at all times, comply with any and all standards, regulations, codes and laws of federal, state, and local governments, including but not limited to the handling of materials, licensing and permitting requirements, privacy issues, student record issues and any other issues arising out of the services to be provided. Further, the Proposer and its employees must know and abide by the applicable policies of the School District, including, by way of example only, policies related to sexual harassment and smoking. As mandated by the Revised School Code, criminal history and criminal record checks must be done on all of Proposer’s employees providing services hereunder, which costs shall be borne by the Proposer. Without limiting any other indemnification provision(s) herein, the Proposer shall indemnify and hold harmless the School District for any injuries or damages arising out of the failure to comply with applicable laws and policies. 4.1.5 Generally, custodial services include the following: 4.1.5.1 All janitorial services necessary to clean and sanitize all spaces of the School District’s Facilities in accordance with this RFP, the School District’s requirements and industry standards. 4.1.5.2 Responsibility to clean, maintain, safeguard and service the Facilities and occupants of the Facilities. 15 4.1.5.3 Perform Minor Maintenance, which includes those maintenance duties that do not require licensed or skilled tradespersons and can be completed with the use of ladders, hand tools (powered or manual) or powered lawn care or snow removal equipment. 4.1.5.4 The selection, evaluation, training, compensation, and retention of employees, including all labor, supervision and management, necessary to clean and maintain the Facilities in accordance with this RFP and the Contract. 4.1.5.5 Effective communication with the School District including, but not limited to, the School District administration and Board of Education, building administrators, teachers and students. 4.1.6 Generally, maintenance services include the following: 4.1.6.1 Testing and preventative maintenance of and basic repairs for all Facility mechanical systems (plumbing, electrical, HVAC etc.), daily swimming pool maintenance and basic parts/component replacement, repair of equipment, door repairs, and energy management services. Any major Facility Maintenance that falls outside the scope of the general Facility Maintenance will be billed to the School District at a flat hourly charge. 4.1.6.2 Heating, Ventilation, Air Conditioning (“HVAC”): • Installation, maintenance, troubleshooting, and repair of chillers, hot water, and steam boiler systems • Preventative maintenance on HVAC equipment, boilers, chillers, unit vents, R.T.Us, exhaust fans, on a regularly scheduled basis • Rule 27 boiler inspections • Assist in utility outages which includes restarts following outages • Maintain and monitor School District’s facilities/energy management systems • Provide energy management consultation services to the School District. 4.1.6.3 Plumbing: • Repair and maintenance of domestic hot water systems, toilets, urinals, sinks, drinking fountains, high school sumps, drains, district irrigation systems, etc • Installation of new water lines and drains 16 4.1.6.4 Electrical: • Troubleshooting and repair of ballasts, lights, photocells, clocks, fire panels, fire suppression systems, electrical outlets, light switches and controls, electric restroom fixtures, scoreboards, kitchen appliances, electrical panels, automatic doors, bleachers, electric basketball backboards, etc • Program School District time clocks • Install new electrical fixtures and equipment as necessary 4.1.6.5 Swimming Pool: • Troubleshooting and repair of pumps, filters, feeders, valves, diving board, and all other mechanical aspects of swimming pools • Routine testing and maintenance of pool chemicals (pool operator’s certification with maximum of thirty minutes response time) • Perform preventative maintenance on pool and dehumidification system (PoolPak) • Perform shocking, backwashing, and draining of pool 4.2 Management. 4.2.1 The Proposer shall provide management staff and technical support to coordinate all Proposer functions described in the RFP. These staff members shall ensure that the School District’s custodial and maintenance needs are smoothly and efficiently met. The Proposer must employ or subcontract with qualified individuals who will be able and available to meet the School District’s custodial and maintenance needs. The Proposal shall include a list of the proposed management staff, positions and experience, including telephone numbers where they be reached at all times and email addresses. A return call shall be made within thirty (30) minutes of the time the call is placed. The Proposer shall be responsible for the cost of all phones (and, if applicable, computers), as well as ensuring their acceptability for the requirements set forth herein. 4.2.2 Management staff must: (a) have the ability to access and use a computer for routine tasks, (b) be authorized to act as the Proposer’s agent in all communications related to the performance of services, (c) have experience supervising cleaning and maintenance staff, (d) have authority to schedule working hours, assignments, and cleaning procedures, (e) cooperate with School District administrators, and (f) be available for inspections, upon request, at times other than normal working hours. 17 4.2.3 The Proposer must dedicate at least one on-site manager with appropriate experience to act as the Proposer’s agent at all times. 4.2.4 The Proposer’s management staff shall advise the School District on routine organization and operation matters concerning the custodial and maintenance services, provided that such consultation does not disrupt the Proposer’s ability to perform the services described in the Request for Proposal. The Proposer's management staff shall meet with the District at least once a week to discuss a calendar of events and to ensure a proper level of service. 4.3 Operations. 4.3.1 Operational Requirements. 4.3.1.1 The Proposer shall provide all custodial and maintenance services necessary to meet the School District’s regular custodial and maintenance needs as described by the School District from time to time. Service shall be provided on all school days, throughout the summer and on breaks as needed, or as otherwise designated by the School District. If necessary to meet performance obligations and standards, cleaning may occur on weekends. The Proposer shall provide an Implementation Plan, including the total number of employees per building, job descriptions, and manuals detailing standard and emergency cleaning procedures. Without limiting the breadth of the foregoing, the Implementation Plan must specifically address the deep cleaning duties to be performed during summer months and other school breaks. 4.3.1.2 As reasonably requested by the School District, the Proposer shall provide other custodial and maintenance services when such services do not conflict with regular service obligations. 4.3.1.3 It is expected that custodial and maintenance services will be provided primarily after the end of the school day, except for certain time sensitive services (e.g., gym floor cleaning before after-school practices and games, special events, holidays, and breaks). It is the Proposer’s responsibility to maintain the standard of cleanliness specified in this RFP and any separate Contract by adhering to the guidelines attached to this RFP (or, if not attached, the standard currently held by the School District or as reasonably increased thereafter by the District, if reasonable in scope). It is the responsibility of the Proposer to provide sufficient personnel to ensure that the requirements are met and that each facility is effectively cleaned and all other duties are performed. 18 4.3.1.4 Extracurricular and Weekend Activities. The Proposer will be responsible for furniture setup and take-down (when appropriate) for any extracurricular activity needs, sporting events, or rented spaces at School District facilities. The Proposer acknowledges that these events are numerous and may occur after student hours. 4.3.1.4.1 The Proposer will be responsible to provide sufficient personnel to perform services under the Contract and his RFP. Periodic special events may require the Proposer to modify the cleaning schedule to accomplish set up and breakdown of those special events (parent teacher conferences, ice cream socials, a play in the auditorium, home sports events, etc.). It is anticipated that clean-up will be completed prior to the next scheduled business/school day. The Proposer may choose to schedule support clean up on the day after the event if the delaying of the clean up does not detract or interfere with the overall look or environment of the school facility. 4.3.1.4.2 Services necessary to accommodate extracurricular activities during the regular work-week must be included within the Proposer’s base bid, unless an exception is noted and alternate pricing is provided on the proposal form. For all services performed during the weekend or during school holidays, the Proposer must identify the cost of those services as a mandatory alternate. If the selected Proposer requires additional payment for these services, additional compensation will be paid only if approved in advance by the School District’s designee. Itemized bills should include the date of the service, services performed, and who approved the service. Such billing must be submitted under separate invoices but at the same time as the base invoice for the month within which the service was provided. 4.3.2 Changes in School Schedules 4.3.2.1 On those days when a District facility is closed and/or classes are canceled to ensure the health and safety of pupils for the reason of inclement weather, epidemic, or any other lawful 19 reason, the Proposer shall provide deep cleaning of the affected school(s), with the type of cleaning and locations to be reasonably approved by the School District. Alternatively, the School District may choose, in its sole discretion, to receive a 100% daily discount based on a computed daily rate being charged to the School District by the Proposer for custodial and maintenance services. In the absence of the School District's express selection of a daily discount, the Contractor shall perform the deep cleaning services mentioned above. 4.3.2.2 The Proposer shall cooperate with School District to maintain good public relations with the community and news media so that any pertinent items or issues affecting the custodial and maintenance program can be brought to the attention of the public. Such service may include participation in one or more meetings prior to the beginning of each academic year to review services, expectations, limitations and regulations. 4.3.3 Limitation of the School District’s Obligations. The School District is not at any time obligated to request other custodial and maintenance services from the Proposer, nor pay for services not received. 4.3.4 School District’s Right to Contract Separately. The School District expressly retains the right to Contract separately with other vendors or entities for any custodial and maintenance services not expressly awarded to Proposer hereunder or to furnish custodial or maintenance services that are not performed by Proposer. If the School District contacts with another vendor to perform services that were awarded to Proposer but that the Proposer fails to perform, the District may deduct the fees and costs of the other vendor from any payments otherwise due the Proposer. 4.4 Proposer Service Requirements. 4.4.1 The Proposer shall provide an adequate staff of experienced personnel, capable of successfully accomplishing the delivery of Custodial and Maintenance Services. The Proposer shall perform the services at time periods as approved by the School District’s designee. Safety of students and 20 staff and unimpeded delivery of the instructional programs will determine the authorized work periods. No Proposal shall include or require a contract term that bars the School District from hiring any personnel that may provide services as a Proposer employee in the event of contract termination or expiration. 4.4.2 The Parties acknowledge that the School District is a public body charged with the care of minor pupils and, therefore, has a significant interest, for public safety purposes, in determining the individuals who may access its facilities. Accordingly, the School District may request, subject to the Proposer’s rights as an employer, that the Proposer prohibit an employee that the School District believes jeopardizes the reputation or public safety of the School District and its facilities from entering said facilities. Such prohibition will in no way affect the right of Proposer, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. 4.4.3 During the performance of services, a meeting may be called at any time by the Proposer or the School District to review the quality of the custodial and maintenance services provided or any other issue that may arise. Items not completed to the satisfaction of the School District will be corrected by the Proposer within a mutually agreed upon time frame. Any continued or repeated offenses with regard to workmanship or the failure of the Proposer to perform a required task may be subject to a fine of $1,500.00 deducted from the monthly invoice. Failure by the Proposer to remedy concerns of the School District may result in the termination of services. 4.4.4 The Proposer must comply with all applicable School District policies. The Proposer recognizes that its employees will perform in safety-sensitive positions. Proposer shall institute a drug and alcohol policy, and provide appropriate training and safeguards, consistent with the safety-sensitive positions to ensure the safety of the School District’s students, staff, visitors, and facilities. The Proposer’s employees shall present themselves in an appropriate manner and attire consistent with a school environment. The Proposer’s employees shall be appropriately qualified and trained, and possess the requisite certifications or licenses for applicable activities, to perform custodial and maintenance services. The Proposer shall maintain a list of employees assigned to each facility, updated as employees are hired or terminated, and maintain daily attendance records, including “log in” and “log out” times for all non-supervisory employees, to enable the School District to identify which individuals are in a facility at any particular time. 21 The Proposer shall provide at least 48 hours’ notice before new employees are placed in any School District facility. The School District reserves the right to perform any independent background checks on Proposer’s employees, consistent with applicable laws. At no time shall the Proposer's personnel do any of the following: (a) allow custodial closets to be open and unattended, (b) congregate or have food/drink in unauthorized areas, (c) copy, distribute or loan any key to School District facilities, (d) disturb papers on desks, open drawers or cabinets, use or tamper with personal property owned by the School District or its employees, (e) leave custodial or maintenance products and/or equipment unattended, (f) leave custodial carts unattended in corridors for more than a few minutes (for safety, security, and aesthetic reasons), (g) leave lights on or doors open in unattended sections, (h) play radios, or other similar devices, at a volume that is audible in other areas of the building, (i) use any School District equipment (e.g., telephones, computers, copiers, TV’s, other media equipment) that is not required to perform duties as detailed in this RFP or Contract, (j) smoke or use any tobacco products on School District property, (k) use or remove any School District owned equipment or supplies outside of the School District’s facilities, or (l) allow visitors, spouses or children of the employees to be at the work site during working hours unless they are bona fide employees of the Proposer or they receive prior approval from the School District’s designee. 4.4.5 To ensure service quality and to better evaluate bids on an even basis, the School District will require the Proposer to state the minimum hourly wage or a salary that is equivalent to the identified minimum hourly wage based on hours worked and compensation received. Minimum hourly wage rates for each employee class are as follows: Custodial • Administrative Assistant • Afternoon General Custodian Afternoon Lead Custodian • Building Engineer (Daytime) Maintenance • HVAC • Plumber • Electrician 22 • General • Utility • Groundskeeper Lead • Groundskeepers If, at any time, the School District discovers the Proposer is not paying its employees the minimum wages outlined in the bid, the School District may terminate the Contract and its relationship with the Proposer immediately and without penalty. The above-referenced wage rates are minimum rates not mandatory rates, and the Proposer may pay any employees assigned to perform services for the School District at higher rates or pay its employees lower rates when not assigned to perform services for the School District. The Proposer, as employer, reserves the right to assign employees in whatever manner it deems necessary and efficient to deliver the services, and nothing herein shall be construed to modify the employer-employee relationship of Proposer and its employees or create a joint-employment relationship involving the Proposer’s employees and the School District. 4.5 Supplies, Materials and Equipment. 4.5.1 The School District currently intends to continue procuring all cleaning supplies (e.g., cleaning chemicals) and materials (e.g., paper products) for custodial and maintenance services. The Proposer shall advise, and timely notify, the School District of the necessary quantities of cleaning and maintenance supplies and materials so that such supplies and materials are procured promptly. The Proposer shall manage the inventory and shall submit to the School District a monthly report detailing all supply consumption (including type and quantity for each facility). Further, the Proposer may use the School District’s existing equipment for this purpose. Proposer is responsible for maintaining, repairing and replacing all such equipment, regardless of ownership. 4.5.2 To ensure the safety, efficiency, and viable use of School District facilities, the School District reserves the right to accept or reject any equipment items used (or proposed for use) by the Proposer. An acceptable substitute must be immediately furnished for any rejected items. 4.5.3 Not used. 23 4.5.4 Proposer shall be responsible for all items stored on the School District’s premises, including all equipment and supplies. 4.5.5 The School District reserves the right to identify mathematical errors in extensions and additions by the Proposer. The School District’s corrected proposal sum total shall be communicated to the Proposer for the Proposer’s approval. 4.5.6 The School District reserves the right to purchase equipment necessary for the performance of services hereunder. 4.6 Compensation. 4.6.1 In consideration for services, the School District shall pay to Proposer all sums due and owing and calculated in accordance with the bid amount (as may be modified by negotiation) and the billing methodology prescribed in the Proposal and accepted by the School District. 4.6.2 Proposer shall submit to the School District an invoice for services no more frequently than monthly, seeking payment for services rendered during the preceding month. Statements must provide detail that will allow the School District to verify costs and expenses incurred. The School District shall make payments within thirty (30) days of receiving Proposer’s invoice, unless and to the extent the School District reasonably disputes an invoice in good faith. 4.6.3 In the event the School District’s custodial and maintenance needs materially change during the applicable term and School District desires to alter the base services provided by the Proposer, including any extensions or renewals hereof, then at the request of either party, the rate(s) of compensation shall be subject to renegotiation. Accordingly, the Proposer shall formulate its Proposal with the assumption that, in the event of material changes in custodial and maintenance needs (including, but not limited to, building reorganization, change in scope, change in timing), the economic terms may be subject to renegotiation and, if the parties are unable to reach agreement on such renegotiation, the School District shall have the option of either continuing the services as then applicable or terminating the services altogether, without penalty. 24 4.6.4 The Proposal pricing shall not include the cost or charges for medical, vision and/or dental insurance (the “Health Benefits”) that may be offered to Contractor’s employees. Each Proposal shall, however, provide the additional monthly charge to the School District per Proposer employee who elects to take the Health Benefits from the Contractor, based upon the following employer/employee contribution scenarios: a. 50%/50% HMO and PPO b. 60%/40% HMO and PPO c. 75%/25% HMO and PPO d. 80%/20% HMO and PPO The above charges should be set forth regarding: full family coverage; single coverage; single plus spouse; single plus dependent; and family. During the term of the Contract, the District and the selected Proposer shall convene every three (3) months to mutually review these Health Benefits and reconcile and/or adjust said Health Benefits charges as may be appropriate. If the Contractor does not traditionally provide Health Benefits with the coverages set forth above, the Contractor must detail in its Proposal the type of Health Benefits the Contractor does offer, along with the per employee additional cost to the District for each employee that elects Health Benefits. 4.7 Facilities. Proposer shall store and maintain the supplies, materials, and equipment to be utilized in performing services, and shall maintain an office from which to manage its operations, at facilities located within or in convenient proximity to the business offices of School District. The Proposer may be allowed to use School District facilities, but may be subject to a separate facilities use agreement between the Proposer and the School district. 4.8 Records and Reporting Requirements. The Proposer shall make available at any time to the School District all operating records that the School District may request. 4.9 Termination of Contract. 4.9.1 In addition to any other rights the School District may have, it shall have the right to declare the Proposer in default and terminate the contract if: 4.9.1.1 Proposer becomes insolvent, makes an assignment for benefit of creditors, or if a petition in bankruptcy is filed by or against it; 25 4.9.1.2 Proposer abandons the work; 4.9.1.3 Proposer refuses to proceed with the work when and as directed by the School District or fails to correct within a reasonable correction period of not more than seven days any unsatisfactory performance after receiving notice from School District of such unsatisfactory performance; 4.9.1.4 Proposer sublets, assigns, transfers, conveys, or otherwise disposes of the agreement other than as herein specified; 4.9.1.5 The School District Board of Education determines that Proposer is, or has been willfully or in bad faith, violating any of the requirements of service; 4.9.1.6 Any applicable laws have been violated by Proposer or its agents, servants, or employees; 4.9.1.7 Proposer fails to comply with the terms of service obligation as to cleaning and maintenance standards, schedules, or otherwise. 4.9.2 In the event the State of Michigan's funding levels and related formulas are materially reduced beyond those levels established for the current fiscal year for the School District, the School District reserves the right to terminate the services without penalty and effectuate termination upon providing Proposer with the written notice. 4.9.3 The School District shall have the right to terminate the services for any or no cause by providing thirty (30) days’ prior written notice. 4.9.4 In the event of a termination, the Proposer shall be entitled to compensation for those services properly provided to the date of termination. Proposer shall have no right to any special or consequential damages in the event of such termination. Proposer shall be responsible for any damages incurred by the School District from termination due to Proposer's failure to comply with the terms of its service obligations. 4.10 Hold Harmless/Indemnification Agreement. The Proposer shall hold harmless and indemnify the School District's and its respective officers, agents, employees and 26 from every claim or demand, including the cost of legal defense, relating to any injury to person or property in any way related to the Proposer’s performance or nonperformance of services under this RFP (or, as applicable, separate contract) regardless of how caused. The Proposer shall notify the School District immediately upon knowledge of any claim, suit, action or proceeding for which the School District may be entitled to indemnification hereunder. 4.11 Taxes. Except to the extent the School District purchases supplies, materials and equipment as allowed under this RFP, the Proposer is responsible for sales tax and any other applicable taxes related to the custodial and maintenance services provided hereunder. 4.12 Repairs to Property Damage. Damage to any School District facilities or properties caused by the Proposer, its agents or employees shall be repaired so that the facilities or properties are in as good condition as upon commencement of services hereunder. All repairs shall be accomplished at no cost to the School District. Proposer shall report any such damage to the School District within 12 hours of the occurrence. 4.13 Force Majeure. 4.13.1 The Proposer is expected to work on days when normal school operations are closed due to weather-related issues or emergency (such as boiler failure), and may be required to perform selected tasks other than ordinary daily cleaning. 4.13.2 In the event Proposer is unable to provide Custodial and Maintenance Services herein specified due to circumstances out of its control (other than as set forth in Section 4.13.1), which may include any civil disturbance, fire, riot, war, picketing, disease outbreak, oil or fuel shortage or embargo, governmental action, the District shall excuse the Proposer from performance. The District shall have the right to take over the Custodial and Maintenance Services if the Proposer is prevented from operating for the reasons described above, and may provide such Custodial and Maintenance Services with school employees or other persons, as the District may deem appropriate until Proposer is able to resume its regular operations. The School District shall receive a credit from Proposer for the days the Proposer failed to provide such Custodial and Maintenance Services on a pro-rata basis. Notwithstanding the foregoing, in the event of a strike, the Proposer shall procure replacement personnel necessary to perform the Custodial and Maintenance Services. If the Proposer does not procure such replacement personnel, the District may 27 procure the same and deduct the associated costs and expenses from the amounts owed to the Proposer, or terminate the performance of services, without penalty. A change in market conditions does not constitute force majeure. 4.13.3 If one or more buildings are closed for more than three consecutive days for any force majeure reason, the School District may request that custodial or maintenance services be temporarily suspended in the applicable building(s). If this occurs, the School District’s bill for that month shall be reduced by 1/20th for each day of work that services are cancelled. 4.14 Substitute Employees. The Proposer should maintain qualified substitutes to assign to work in the School District with the required background checks, available at short notice, to ensure that the School District is adequately staffed in the event of illness or injury. Due to the unique concerns of security in a school setting, the Proposer is required to inform the building principal and the School District’s designee when there will be a change of employees for absence purposes. If the Proposer’s on- site/working supervisor is unavailable for any substantial period of time (i.e., more than three consecutive work days), the Proposer shall immediately inform the School District’s designee of the absence and how the Proposer will ensure completion of the on-site/working supervisor’s work. 4.15 Uniforms and Identification. All custodial or maintenance employees, men and women, performing services are required to wear a clearly readable identification badge on the front of a uniform shirt (above the waist and preferably on a breast pocket). In the event that the Proposer fails, neglects or refuses to conform with the above requirements, the Proposer may be subject to immediate termination by the School District without penalty. 4.16 Schedule Changes. Proposer must submit daily, weekly, monthly, and annual schedules for general review of the School District. The School District reserves the right to comment and request that Proposer will change a Custodial Service or Maintenance schedule with fifteen (15) days advance notice to Proposer. The Proposer shall notify the School District immediately of conditions which will limit hours or decrease the daily work crews, such as illness or injury. In addition, the Proposer shall notify the School District’s designee in advance of any condition or situation, which will affect the performance of the work. In either case, the Proposer shall communicate how the affected work will be rescheduled. 4.17 Independent Contractor Status. It is expressly acknowledged and agreed between 28 Proposer and the School District that Proposer will act as an independent contractor in the performance of its duties and under no circumstances shall any of the employees of one party be deemed the employees of the other for any purpose. Accordingly, Proposer shall meet all of its obligations and responsibilities for payment of all taxes including Federal, State and Local taxes arising out of Proposer's activities, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, Workers' Compensation Insurance and any other taxes or business license fees as required. Neither the Proposer nor any of its employees shall be considered an employee of the School District, nor is Proposer or its employees entitled to participate in any plans, arrangements, or distributions by the School District pertaining to or in connection with any fringe, pension, bonus, profit sharing, or similar benefits, or any medical, dental, life or disability insurance plans. Neither party shall have authority to act for the other party in any agency or other capacity or to make commitments of any kind for the account of, or on behalf of, the other party, except to the extent, and for the purposes, expressly provided for and set forth herein, and no partnership or joint venture is created hereby. Nothing herein shall be construed to interfere with or otherwise affect the rendering of services by Proposer in accordance with its independent and professional judgment. V. TRAINING REQUIREMENTS. The School District believes that a formal training program with regularly scheduled sessions, individual tests for competency and training records is a necessary ingredient in the delivery of effective Custodial and Maintenance Services. The Proposer shall have, in-place, an on-going, effective, and documented training program which provides all local, state and federally mandated training, if any, and which may include the following: Asbestos Hazard Emergency Response Act Infection Control Ladder/Lift Safety Basic General Cleaning Procedures Blood-borne Pathogens Material Safety Data Sheets Safety Hard Floor Care Lock-out/Tag-out Procedures Methicillin-resistant Staphylococcus Aureus (MSRA) Sanitizing Personal Grooming 29 Sexual Harassment Auto Scrubbing Basic Restroom Cleaning Carpet Extraction, Vacuuming, Spot Removal Ceiling/Wall Washing Cleaning Standards Confined Spaces Mopping (Dust, Damp/Wet) Equipment Checks/Usage Fabric/Upholstery/Furniture Cleaning Handbook/Policy Review Hazardous Substances Safety Slips/Trips/Falls Window/Blind Cleaning Upon the School District’s request, the Proposer shall show proof that it has provided training as required by law and the Contract and will provide to the School District a copy of its safety program. VI. OTHER CONSIDERATIONS/SERVICES. 6.1 Asbestos. The School District’s facilities may include asbestos containing building materials. Some of the most common locations for such materials include old floor tile, old HVAC pipe wrap, old ceiling tile, and old glue holding chalkboards to classroom walls. Each facility has, and the School District’s designee has, a copy of the School District’s asbestos management plan for each school. These are available for public inspection. All of the Proposer’s employees assigned to the School District should familiarize themselves with the various sources of asbestos in the facilities to which they are assigned. Some of the asbestos management restrictions are as follows: (a) do not disturb or remove asbestos wrapped pipes, (b) do not grind or remove asbestos containing floor tile, (c) do not disturb asbestos-containing ceiling tile, (d) do not remove chalkboards without the prior approval of authorized School District administration, and (e) do not disturb any other areas known (or reasonably known) to have asbestos. 6.2 Alarm Codes. If the School District uses alarm codes, the School District shall provide each of the Proposer’s employees with an alarm code for each Facility to which they are assigned. A security code list shall be issued to the Proposer’s on- 30 site supervisor/management personnel. Alarm codes must not be traded between or shared among employees. Previously assigned alarm codes must not be forwarded by the Proposer to new employees. The Proposer shall immediately notify the School District of the reassignment or termination of any employee who had been assigned an alarm code. 6.3 Facility Opening and Closing. Exterior doors are to be unlocked and locked at the times specified by the School District’s designee. The Proposer is responsible for the security of the facilities during cleaning operations. The Proposer shall secure each respective facility at the end of each shift and set the alarm (secure all doors, turn off all but designated lights, turn off ceiling fans, and close all windows). Office, classroom, and other doors are to be unlocked or opened only during the time that cleaning is actually being done and all are to be re-locked as soon as the service has been completed. For the safety of students and the public at large, storage and custodial closet doors are to be kept shut and locked when not in use. 6.4 Emergencies. 6.4.1 The Proposer must provide the School District’s designee with an emergency contact person and telephone number. 6.4.2 The Proposer shall respond to emergency requests, such as for water cleanup due to rain, plumbing failure, or accidents, 24 hours per day, 7 days per week, 365 days per year. This service will be included within the Proposer’s base bid, unless specifically identified otherwise and an alternate and additional price is provided on the proposal form. 6.5 Keys. The School District will supply keys to the relevant facilities. All keys will be issued to, and must be signed out by, the Proposer’s management personnel. The School District will provide an appropriate number of keys, and at no time shall keys be copied, lent to another, left in custodial closets/carts, or otherwise outside of the possession of the applicable employee. If additional keys are required, a request shall be made for same to the School District’s designee. Lost or stolen keys must be reported within 24 hours of discovery of the loss, and will be replaced upon payment of a reasonable fee. If the School District deems it necessary to re-key any locks due to inadequate control/management of keys, the cost will be deducted from payments due to the Proposer. The School District reserves the right to inventory the Proposer’s keys at any time. All keys shall be returned upon termination of services, and applicable keys shall be returned upon termination of an individual’s employment. 31 6.6 Quality Control/Inspections. The Proposer’s on-site/working supervisor, the School District’s designee and other personnel as deemed appropriate by the School District’s designee will perform periodic inspections of each facility, including cleaning, storage, and office areas, with or without notice, to: (1) ensure tasks are properly completed and that facilities have a neat and professional appearance, and (2) ensure that the quality of Custodial and Maintenance Services is satisfactory and meets the highest standards and accepted practices of the industry. An inspection of all facilities will be conducted prior to the start of each school year. An inspection may also be conducted in conjunction with the School District’s insurance carrier during the course of the year. This requirement is not intended to limit the Proposer’s responsibility to inspect or control its own work, nor does it limit the School District’s right to inspect any facility at any time. Prior notification of inspections may or may not be furnished to the Proposer. The Proposer will be granted a reasonable time to correct the deficiencies. When the School District’s designee deems it necessary to correct unsatisfactory performance in order to maintain a clean and safe environment, it shall be permitted to do so and all associated costs incurred by the School District will be deducted from payments due Proposer. 6.7 Manufacturer’s Recommendations. The Proposer shall ensure that all applicable equipment-manufacturer’s recommendations for usage and maintenance are followed. The Proposer shall also ensure compliance with manufacturer’s recommendations for usage of chemicals, materials and supplies. 6.8 Price Adjustments. The School District reserves the right to adjust the frequency and/or scope of work if it determines, in its sole discretion, that such adjustment is financially necessary, appropriate to facility use, or otherwise advisable. If the School District reduces or increases the frequency or scope of Custodial or Maintenance Services during the applicable term, the Contract price shall be correspondingly adjusted based on the reduction or increase of Full-Time Equivalent Employees from or to the Proposer’s base bid. The value of Full-Time Equivalent Employees that may be adjusted shall be identified in the Proposer’s bid for each employee position. In submitting its proposal, the Proposer acknowledges the possibility of such a work adjustment. 6.9 Record-Keeping Requirements. 6.9.1 Prior to bringing any new chemicals onsite, the Proposer shall comply with all applicable Right-to-Know requirements and must provide on copy of the 32 relevant Material Safety Data Sheet(s) (“MSDS”) to the School District’s designee. The Proposer shall keep a complete set of all MSDS for all chemicals used in each facility. 6.9.2 The Proposer shall maintain a procedures manual in each School District building, which is indexed and contains building-specific information about: (a) the Proposer’s standard practices and procedures, (b) daily routines and schedules for employees assigned to the building, (c) emergency and safety procedures, (d) a list of equipment maintained in the building, (e) maintenance and user manuals for all custodial equipment, (f) a list of employees assigned to the building, and (g) standard cleaning procedures. 6.9.3 The Proposer shall report, in writing, any damage that occurs during the performance of Proposer’s services or that is caused by one or more of the Proposer’s employees. The Proposer shall inform the School District’s designee of any acts of vandalism, attempts at forced entry, and any items that need repair discovered during the performance of services. 6.10 Not used. 6.11 Conservation. 6.11.1 Every reasonable effort shall be made to conserve energy whenever possible throughout the cleaning schedule. Only areas in use shall have lights on, and doors and windows shall remain closed whenever the heating or cooling systems are operating. 6.11.2 The Proposer shall employ all reasonable measures to reduce and prevent waste. The Proposer shall provide a copy of any applicable "green cleaning" program that it will (or may) utilize for performing services for the School District. 6.11.3 The Proposer shall participate in any existing and/or future recycling programs established by the School District. 6.11.4 The Proposer shall dispose of trash in all appropriate receptacles. 6.12 Lost and Found. All lost and found articles recovered by Proposer’s employees shall be immediately turned in to the designated lost and found area of each building or, in 33 the absence of same, to the School District’s designee. 6.13 School Calendar. A School District calendar may be received upon written request to the contact person and address identified above. The Proposer will be held to know and to comply with the School District calendar, which may include such information as days of student instruction and curricular/extracurricular events. 6.14 List Services. A list of services to be provided in addition to those identified herein can be found in Attachment F. Attachments to RFP: Attachment A – Familial Disclosure Form Attachment B – Iran Economic Sanctions Act Certification Attachment C – Proposal Form Attachment D – Form of Contract Attachment E – Comprehensive List of Services 34 Attachment A – Familial Disclosure Form AFFIDAVIT OF ______________________________ (insert name of affiant) STATE OF MICHIGAN ) )ss COUNTY OF _________________ ) ___________________________________ makes this Affidavit under oath and states as follows: (insert name of affiant) 1. I am a/the: G President G Vice-President G Chief Executive Officer G Member G Partner G Owner G Other (please specify) ________________________ of [insert name of contractor], a bidder for custodial and maintenance services for Woodhaven- Brownstown School District. 2. I have personal knowledge and/or I have personally verified that the following are all of the familial relationships existing between the owner(s) and the employee(s) of the aforementioned contractor and the school district's superintendent and/or board members: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 35 3. I have authority to bind the aforementioned contractor with the representations contained herein, and I am fully aware that the school district will rely on my representations in evaluating bids for the custodial and maintenance services. 4. I declare the above information to be true to the best of my knowledge, information and belief. I could completely and accurately testify regarding the information contained in this affidavit if requested to do so. __________________________________________ (signature of affiant) Dated: ________________ Subscribed and sworn before me in _________________ County, Michigan, on the ___ day of _________________, 2021 ____________________________________________(signature) _____________________________________________ (printed) Notary public, State of Michigan, County of ________________ My Commission expires on _____________________________ Acting in the County of ________________________________ 36 Attachment B – Iran Economic Sanctions Act Certification I am the _______(title)________ of _____________(bidder)_______________, or I am bidding in my individual capacity ("Bidder"), with authority to submit a binding bid for the provision of custodial and maintenance services to Woodhaven-Brownstown School District. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL 129.311, et seq. ("Act"). I am fully aware that the school district will rely on my representations in evaluating bids. I certify that Bidder is not an Iran-linked business, as that term is defined in the Act. I understand that submission of a false certification may result in contract termination, ineligibility to bid for three (3) years, and a civil penalty of $250,000 or twice the bid amount, whichever is greater, plus related investigation and legal costs. _________________________________________ (signature) _________________________________________ (printed) _________________________________________ (date) 37 Attachment C – Proposal Form Proposer shall provide necessary information including but not limited to the information below. Proposer can attach additional pages as necessary to provide additional information or explanation. Proposer Information: _____________________________________ _____________________________________ _____________________________________ _____________________________________ Pricing Terms: Base Bid (3-year contract): $_____________________________________________ Total # Full-Time Equivalents (FTEs): _______________ FTEs for Employee Positions (e.g., night custodian, day custodian, supervisor, etc.): (1) ____________________________________________ (2) ____________________________________________ (3) ____________________________________________ Value of Single FTE for Each Employee Position: (1) $___________________________________________ (2) $___________________________________________ (3) $___________________________________________ Wage Rate Minimums per hour: • Administrative Assistant $____________ • Afternoon General Custodian $____________ Afternoon Lead Custodian $____________ • Building Engineer (Daytime) $____________ Maintenance • HVAC $____________ • Plumber $____________ • Electrician $____________ • General $____________ • Utility $____________ • Groundskeeper Lead $____________ • Groundskeepers $____________ 38 Per Employee Monthly Charge for Health Benefits: $_____________________________ Required Alternate No. 1: (plus/minus) $___________________________________ Required Alternate No. 2: (plus/minus) $___________________________________ Required Alternate No. 3: (plus/minus) $___________________________________ Required Alternate No. 4: (plus/minus) $___________________________________ Optional Alternates: ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ Please check one: Proposer [ ___ has / ___ has not] requested, received and reviewed all clarifications and addenda applicable to this RFP. 39 Attachment D – Form of Contract AGREEMENT FOR CUSTODIAL SERVICES This Services Agreement (“Services Agreement” or “Agreement”) made this ____ day of _______________, 2021, by and between Woodhaven-Brownstown School District, a Michigan general powers school district, organized and operating pursuant to the terms of the Revised School Code, whose address is 24821 Hall Road, Woodhaven Michigan 48183 (“School District”) and _________________________________, a Michigan ______________, whose address is _____________________________________ ("Contractor"). RECITALS WHEREAS, the School District is organized and operated under the Michigan Revised School Code and has the powers, authority and duties established therein, specifically including the authority to engage independent contractors to carry out its powers; and WHEREAS, the School District is engaged in providing public educational services and programs and desires to engage Contractor to provide custodial services in connection with the School District’s educational programming and service delivery; and WHEREAS, Contractor has the expertise, training, capacity and qualifications to perform the services contemplated under this Agreement. NOW THEREFORE, in consideration of the mutual promises and benefits contained herein, the parties agree as follows: 1. SERVICES GENERALLY. 1.1 The Parties acknowledge and agree that the request for proposal and proposal for custodial services dated March 19, 2024 (collectively, the “Proposal”), including all addenda and official written responses to questions thereto, are incorporated by reference. In the event of a conflict between or among this document and the Proposal, the provision that provides the School District with the greatest quality or quantity of service, as determined in the School District’s sole discretion, shall govern. Unless otherwise stated, subsequent references to the “Contract” shall include this document together with the Proposal. 1.2 The Contractor shall, during the term of the Contract, furnish all labor, management, supervision, and necessary insurances required to provide School District custodial services described in the Proposal and in accordance with this Contract. A non-exhaustive description of required services, schedules, and service levels is set forth in the Proposal. The Contractor acknowledges that the School District's need for custodial services is comprehensive and complex and that every aspect of such services may not be detailed in this Contract. Therefore, it is understood that, in addition to the listed services in the Proposal, all tasks incidental to required functions not specifically listed but normally included in general practices related to custodial services will be provided. 40 1.2.1 As requested by the School District, in writing, the Contractor shall provide other custodial services outside the services to be performed under the Proposal or this Contract when such services do not conflict with regular service obligations (“Additional Services”). The cost for Additional Services, if any, shall be based on hourly rates mutually agreed upon, in writing, by the Parties prior to the performance of such services 1.2.2 Contractor shall not be compensated for services outside the scope of services set forth above unless, prior to the commencement of such services: (1) Contractor notifies the School District and the School District agrees that such services are outside the scope of services to be performed; (2) Contractor estimates the additional compensation required for the Additional Services; and (3) the School District, after receiving the notice, approves the Additional Services and amount of compensation in writing. 1.2.3 Should the District decide to utilize the services of Contractor through an attrition schedule, Contractor will provide staffing on an as needed basis. The timing and nature of the staffing requirements shall be in accordance with the service levels, staffing requirements, and needs of the School District identified in the Proposal or otherwise as contained in a mutual agreement between Contractor and the School District. 1.3 Notwithstanding Section 1.2, the School District is not at any time obligated to request other services from the Contractor, nor to pay for services not received. The School District expressly retains the right to contract separately with other vendors or entities for any services not substantially interfering with the Contractor's performance of this Contract. 1.4 In the performance of services under this Contract, Contractor (its agents, contractors, and employees) shall be regarded at all times as performing services as independent contractors of the School District. Consistent with that status, Contractor reserves to itself the right to designate the means and methods of accomplishing the objectives and purposes of this Contract and the School District shall not exercise (or have the right to exercise) control or direction over the means and methods utilized by Contractor in providing services under this Contract. The Contractor shall be responsible for the selection, evaluation, training, compensation, and retention of employees, including all necessary management and clerical personnel. 1.4.1 Contractor shall be regarded, designated, and considered to be the employer with respect to all individuals whom Contractor may select and assign to provide services under this Contract. Contractor shall be exclusively and solely responsible for compensating, hiring, retaining, evaluating, disciplining, dismissing, and otherwise regulating the employment conditions, employment rights, compensation, and other similar matters relative to all individuals whom Contractor utilizes in connection with providing services under this Contract. 1.4.2 Contractor shall pay all salaries, wages, benefits, pension or retirement contributions, payroll, and other taxes to or on account of its employees or agents arising out of or resulting from services performed under the terms of this Contract. The School District shall not be liable for the payment of any such salaries, wages, benefits, pension or retirement contributions, payroll, or taxes thereon for or on behalf of any Contractor employee or agent. 41 Contractor employees and agents are not entitled to receive any compensation, benefits or other amenities in any form from the School District, including, but not limited to, mileage, conference fees, and other expenses. 1.4.3 Contractor acknowledges and agrees that it is the sole and exclusive responsibility of Contractor to make the requisite tax filings, deductions, and payments to the appropriate federal, state, and local tax authorities for and on behalf of all persons employed by Contractor to provide services under this Contract. Contractor acknowledges its legal duty to obtain and maintain Workers’ Compensation and employer’s liability insurance, which Contractor shall maintain, at a minimum, at the required statutory levels for the duration of this Contract. No part of Contractor’s invoiced fees shall be subject to withholding by the School District for payment of any taxes, social security, pension, retirement, unemployment or workers’ compensation insurance or any other similar tax obligations. 1.4.4 Contractor shall be solely and exclusively responsible for any taxation consequences to it or its agents or employees as a result of Contractor’s engagement under this contract. Contractor agrees to defend, indemnify and hold the School District harmless from any and all such claims. 1.5 The Contractor's services shall include effective communication with the School District, including, but not limited to, the School District’s administration, Board of Education and, as applicable, with parents, students, and the community. 1.6 To effectuate external cost savings for the School District, the Contractor shall, using its expertise as a custodial services professional, identify and implement any operational efficiencies that will lead to external cost reductions for the School District, such as utility costs. 1.7 Contractor shall immediately report to the School District any conditions in the buildings or grounds that may require repair (for example, dripping faucets, damaged walls, burned-out lights, damaged carpet, etc.), whether caused by Contractor's employees, acts of vandalism, or otherwise. Contractor shall, at its own cost, repair any damage to buildings, grounds, and/or equipment caused or permitted by the Contractor or its employees and return same to as good condition as before entering into this Contract, normal wear and tear excepted. 2. MANAGEMENT. 2.1 The Contractor shall provide management staff to coordinate all Contractor functions, and the functions of Contractor’s employees, on a daily basis. Contractor’s management staff shall ensure that the School District’s needs are smoothly and efficiently met. 2.2 Management staff shall be available for on-call emergencies or extraordinary events 24 hours a day, 7 days a week, and 365 days of the year and shall assign appropriate Contractor personnel to address such emergencies or extraordinary events. 42 2.3 The Contractor’s management staff shall advise the School District on routine organization and operational matters concerning the services, provided such consultation does not disrupt the Contractor’s ability to perform the services described in the Contract. 3. OPERATIONS. 3.1 The Contractor shall provide all custodial services necessary to meet the School District’s needs as set forth in the Proposal or this Contract. The Contractor shall notify the School District immediately of conditions which will affect the performance of the work under the Contract. In either case, the Contractor shall communicate how the affected work will be addressed to satisfy its obligations or rescheduled, if acceptable to the School District. 3.2 Contractor shall maintain the standard of cleanliness specified in the Proposal and provide sufficient personnel to ensure that the requirements in the Proposal are met and that each facility is effectively cleaned and all other duties are performed in accordance with this Contract. 3.3 The Contractor shall cooperate with the School District to maintain good public relations with the community and news media so that any pertinent items or issues affecting the custodial program can be brought to the attention of the public. Such service may include participation in one or more meetings prior to the beginning of each academic year to review services, expectations, limitations, and regulations. 4. CONTRACTOR REQUIREMENTS. 4.1 The Contractor shall provide an adequate staff of experienced personnel, capable of, and devoted to, the successful accomplishment of the services to be performed under this Contract. The Contractor shall perform the services set forth in this Contract and the Proposal using modern methods and techniques. 4.2 The Parties acknowledge that the School District is a public body charged with the care of minor pupils and, therefore, has a significant interest, for public safety purposes, in determining the individuals who may access its facilities. Accordingly, the School District may request, subject to the Contractor’s rights as an employer, that the Contractor prohibit a Contractor employee that the School District believes jeopardizes the reputation or public safety of the School District and its facilities from entering said facilities. Such prohibition will in no way affect the right of Contractor, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. 4.3 During the course of the Contract, a meeting may be called at any time by the Contractor or the School District to review the quality of the services provided or any other issue that may arise. 4.4 Contractor must comply with all applicable School District policies and law. Contractor recognizes that its employees will perform in safety-sensitive positions. Contractor shall institute a drug and alcohol policy, and provide appropriate training and safeguards, consistent with the safety-sensitive positions to ensure the safety of the School District’s students, staff, visitors, and facilities. Contractor’s employees shall present themselves in an appropriate manner and attire consistent with a school 43 environment. Contractor’s employees shall be appropriately qualified and trained, and possess the requisite certifications or licenses for applicable activities, to perform services under this Contract. Contractor shall maintain a list of employees assigned to each facility, updated as employees are hired or terminated, and maintain daily attendance records, including “log in” and “log out” times for all non- supervisory employees, to enable the School District to identify which staff is in a facility at any particular time. The Contractor shall provide at least 48 hours' notice before new employees are placed in any School District facility. The School District reserves the right to perform any independent background checks on Contractor’s employees, consistent with applicable laws. The Parties recognize that said procedures exist to enable the School District to control access to its facilities, protect its students, and track any incidents which may occur within its facilities. It is the Parties’ intent that the exercise of said procedures does not constitute, and should not be interpreted as, the School District’s exercise of any control or employer functions related to Contractor's employees. At no time shall the Contractor's personnel do any of the following: (a) allow custodial closets to be open and unattended, (b) congregate or have food/drink in unauthorized areas, (c) copy, distribute or loan any key to School District facilities, (d) disturb papers on desks, open drawers or cabinets, or use or tamper with personal property owned by the School District, its students, or its employees, (e) leave custodial products and/or equipment unattended, (f) leave custodial carts or equipment unattended in corridors for more than a few minutes (for safety, security, and aesthetic reasons), (g) leave lights on or doors open in unattended sections, (h) play radios, or other similar devices, at a volume that is audible in other areas of the building, (i) use any School District equipment or furnishings (e.g.: telephones, computers, copiers, TVs, VCRs) that is not required to perform duties as detailed in this Contract or applicable RFP, (j) smoke or use any tobacco products on School District property in violation of State law, (k) use or remove any School District owned equipment or supplies outside of the School District’s facilities, (l) allow visitors, spouses, or children of the employees to be at the work site during working hours unless they are bona fide employees of the Contractor or they receive prior approval from the School District’s designee, (m) consume food or beverages while on duty (scheduled breaks in designated areas may be used for meal purposes. 4.5 In order to allow the School District to control access to its facilities, and ensure the safety of its students, all of Contractor’s employees performing services pursuant to this Contract are required to wear a clearly readable identification badge on the front of the uniform shirt (above the waist and preferably on a breast pocket), as well as legally required protective equipment. In the event Contractor fails, neglects, or refuses to conform to the above requirements, the Contract may be subject to immediate termination by the School District. 4.6 The Contractor hereby agrees to comply with all federal, state, and municipal equal opportunity and anti-discrimination guidelines and regulations, and covenants that neither the Contractor nor any subcontractors will discriminate against an employee or applicant for employment, student, School District employee, or School District guest, with respect to any actions, including, but not limited to, hire, conditions, or privileges of employment, or in a manner directly or indirectly related to employment or education, because of race, color, religion, national origin, age, sex, height, weight, marital status, or disability. Failure on the part of the successful Contractor to comply with said guidelines and regulations shall, upon reasonable notice, constitute grounds for the School District to revoke and otherwise terminate the contract and all obligations of the School District thereunder. 44 4.7 To enable the School District to comply with its reporting obligations under the Michigan Public School Employees Retirement Act, 1980 PA 300, as amended, Contractor: (1) shall promptly notify the School District in writing of the identity of any individual employed or assigned by Contractor to perfor...