title of project outsource of custodial / light maintenance services · 2018. 1. 4. · 1...

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Groton-Dunstable Regional School District

Request for Proposals (RFP)

TITLE OF PROJECT Outsource of Custodial / Light Maintenance Services

AWARDING AUTHORITY Groton-Dunstable Regional School District

145 Main St

Groton, MA 01450

SCHEDULE OF DATES

Advertisement: TBD

Specifications Available: TBD

Electronically Via Email : [email protected]

In person at: The Office of the Director of Business and Finance


145 Main St.

Groton, MA 01450

Pre-Proposal

Meeting/Walk-through: January 23, 2017 9:00 am


145 Main Street

Groton, MA 01450

Proposal Opening: January 31, 2017 11:00am


145 Main Street

Groton, MA 01450

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Request for Proposals (RFP) Custodial / Light Maintenance Services

Pursuant to M.G.L. c. 30B.§6 Groton-Dunstable Regional School District seeks to obtain proposals for custodial /

light maintenance services to begin July 1, 2018. Proposal documents will be available via email

[email protected] January 11, 2018.

All Proposals to be delivered to the Office of the Director of Business and Finance, 145 Main Street, Groton, MA

01450. Proposals shall be delivered in separately sealed envelopes marked, respectively, “RFP: Custodial/Light

Maintenance Services – Price Proposal” and “RFP: Custodial/Light Maintenance Services – Non-Price Proposal.”

Proposals must be received by Wednesday, January 31, 2018 @ 11:00 AM. Late, emailed or faxed proposals will

not be accepted.

Proposals must be submitted on the forms provided in this RFP packet. The District reserves the right to reject any

and all proposals which do not comply with required specifications. A 5% proposal security bond will be required.

Pre-Proposal Meeting (Mandatory)

A pre-proposal meeting will be held on Tuesday, January 23, 2018 @ 8:00AM local time at the Groton-Dunstable

Regional District offices Conference room, 145 Main Street, Groton, MA 01450 for submission of vendor questions

regarding this Request for Proposal and dissemination of specific information relevant to this project. The District

will issue questions and answers to all proposers in the form of an addendum.

A guided tour of buildings will be conducted on the same day, immediately after the meeting. A walk-through at

this time will enable you to enter all spaces normally occupied. All proposers are responsible for attendance at the

building walk-through. More details on the guided tour will be provided at the scheduled pre-proposal meeting.

Based on the size of the District, the walk-through will most likely take 4 to 5 hours.

Attendance at both the meeting and walk-through will be one of the factors considered in the proposal evaluation

process.

Material questions will be answered in writing and will be distributed to all firms who receive the RFP provided,

that all questions are received by 11AM local time on Friday, January 26, 2018. All questions are to be emailed to

Michael Knight, Director of Business and Finance, @ [email protected].

Responses to questions after the pre-proposal/building walk-through meeting will be made by addenda issued to

all companies planning to submit proposals and posted on the District website. Any representations and/or oral

discussions not confirmed by addenda will not be binding.

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Contents

Proposal Specifications.............................................................................................................................7

1. Purpose.................................................................................................................................................7

2. Introduction..........................................................................................................................................7

3. Information about the District and Work Specifications......................................................................8

3.1 Appendix A: Types of Work General Description ...............................................................................8

3.2 Appendix B: District Details ................................................................................................................8

3.3 Appendix C: District Information ........................................................................................................8

4. Addenda ................................................................................................................................................8

5. Proposal Award / Scoring Criteria .........................................................................................................8

6. Proposal Duration..................................................................................................................................9

7. Proposal Errors/Omissions/Discrepancies ............................................................................................9

8. Proposal Preparation.............................................................................................................................9

9. Proposal Security ................................................................................................................................ 10

10. Proposal Submission.......................................................................................................................... 10

11. Proposal Timeline ............................................................................................................................. 10

12. Proposal Withdrawal ........................................................................................................................ 11

13. Proposer Requirements..................................................................................................................... 11

14. Confidentiality of Proposals .............................................................................................................. 11

15. Conflict of Interest ............................................................................................................................ 11

16. Debarment......................................................................................................................................... 11

17. Questions on Proposal Specifications ............................................................................................... 11

18. Verbal Representations ..................................................................................................................... 12

19. Contract Administration .................................................................................................................... 12

20. Contract Documents........................................................................................................................... 12

21. Contract Term..................................................................................................................................... 12

22. Contract Termination ......................................................................................................................... 12

23. Dispute Resolution .............................................................................................................................. 12

24. Contract Validity ................................................................................................................................. 13

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25. Entire Agreement ............................................................................................................................ 13

26. Governing Law ................................................................................................................................. 13

27. Litigation .......................................................................................................................................... 13

28. Subcontracting and Assignment ....................................................................................................... 13

29. Absenteeism ..................................................................................................................................... 13

30. Employee Compensation................................................................................................................... 14

31. Employee Expectations ..................................................................................................................... 14

33. Employee Selection ........................................................................................................................... 15

34. Employee Placement ......................................................................................................................... 16

35. Equal Opportunity Employer Requirements ...................................................................................... 16

36. Employees with Disabilities ................................................................................................................ 16

37. Sexual Harassment ............................................................................................................................. 16

38. Smoking .............................................................................................................................................. 16

39. Staff Conflicts or Problems ................................................................................................................. 16

40. Staffing Requirements ........................................................................................................................ 16

40.1 General Information ......................................................................................................................... 16

40.2 Alternate Staffing Levels.................................................................................................................... 17

40.3 ExtraCurricular, Sports, and Facility Rental Activities ....................................................................... 17

40.4 After School and Weekend Activities ................................................................................................ 17

40.5 Schedule Changes ............................................................................................................................. 18

40.6 Scheduled Breaks and Summer Cleaning ......................................................................................... 18

40.7 Two Schedules .................................................................................................................................. 18

41. Substitute Scheduling ......................................................................................................................... 18

42. Project Manager/Supervisor .............................................................................................................. 18

43. Training Requirements ....................................................................................................................... 19

43.1 Orientation program before placement in District Schools ............................................................. 19

44. Uniforms and Identification................................................................................................................ 20

45. Asbestos............................................................................................................................................. 20

46. Billing/Payments................................................................................................................................. 21

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46.1 Billing ............................................................................................................................................. 21

46.2 Payments ....................................................................................................................................... 21

46.3 Additional Charges ......................................................................................................................... 21

47. Building Opening and Closing ........................................................................................................... 21

48. Communication with Principals ........................................................................................................ 21

49. Contractor Protection Clause ........................................................................................................... 22

50. District’s Designee ............................................................................................................................ 22

51. Emergency Contacts ......................................................................................................................... 22

52. Emergency Service............................................................................................................................. 22

53. Energy Conservation.......................................................................................................................... 22

54. Equipment, Tools, Cleaning Supplies................................................................................................. 22

54.1 Tools and Cleaning Supplies ............................................................................................................ 22

55. Gifts, Gratuities or Kickbacks ............................................................................................................. 22

56. Government Regulations and District Policies .................................................................................. 23

57. Hazardous Substances ....................................................................................................................... 23

58. Holidays and Break periods ............................................................................................................... 23

59. Indemnification Requirements .......................................................................................................... 23

60. Independent Contractor .................................................................................................................... 23

61. Insurance Requirements..................................................................................................................... 24

62. Keys, ID Cards and Alarm Codes ......................................................................................................... 24

62.1 Key Replacement .............................................................................................................................. 24

62.2 Lost Keys ........................................................................................................................................... 24

62.3 Re-keying of Locks ............................................................................................................................ 24

62.4 Security of Keys ................................................................................................................................ 24

62.5 Termination of Contract ................................................................................................................... 24

63. Licenses and Permits .......................................................................................................................... 24

64. Maintenance Work ............................................................................................................................ 24

65. Performance Bond.............................................................................................................................. 25

66. Prices .................................................................................................................................................. 25

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66.1 Price Increases ................................................................................................................................ 25

66.2 Price Reductions ............................................................................................................................. 25

67. Property Damage............................................................................................................................... 26

68. Property Protection ........................................................................................................................... 26

69. Quality Control/Inspections ............................................................................................................... 26

70. Record Keeping Requirements ........................................................................................................... 27

70.1 OSHA.................................................................................................................................................. 27

70.2 Procedures......................................................................................................................................... 27

71. Safety .................................................................................................................................................. 27

72. School Calendar .................................................................................................................................. 27

73. School Closings ................................................................................................................................... 27

74. Snow and Ice Management ................................................................................................................ 27

75. Renovations ........................................................................................................................................ 27

76. Deductions for Temporary School Closures ....................................................................................... 28

77. Deductions for penalties .................................................................................................................... 28

77.1 Building Alarm Code Replacements ................................................................................................. 28

77.2 Excessive Staff Turnover................................................................................................................... 28

77.3 ID Badges/Uniforms ......................................................................................................................... 28

77.4 Fines for OSHA Violations ................................................................................................................. 28

77.5 Improper Chemical Use .................................................................................................................... 28

77.6 Improperly Securing Buildings .......................................................................................................... 28

77.7 Building Alarm Codes......................................................................................................................... 28

77.8 Keys.................................................................................................................................................... 29

77.9 Non-answering of Cell Phones........................................................................................................... 29

77.10 Non-approved Personnel………………................................................................................................. 29

77.11 Summer Cleaning……………............................................................................................................... 29

77.12 Unfilled Employee Absences…………………………………………………….………………………………………………….29

77.13 After School and Weekend Activities…………………………………………………………………………………………..29

Appendix A - Types of Work..................................................................................................................31-35

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Appendix A - Scope of Work..................................................................................................................36-50

Appendix B - District Information..........................................................................................................51-53

Appendix C - Submittal Forms and Instructions....................................................................................54-69

Appendix D – Form of Contract…………………………………..………………….………………………………………………..70-83

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Proposal Specifications

1. Purpose

The purpose of this Request for Proposal (RFP) is to enter into a contract with a qualified contractor to provide

custodial/cleaning services for the Groton-Dunstable Regional School District, Groton, MA.

2. Introduction

This RFP includes the proposal specifications for contracted custodial/ light maintenance services. This RFP

includes the instructions for submitting proposals and the criteria by which a proposer may be selected. The

proposal specifications shall serve as the contractual terms by which the District intends to govern the relationship

between itself and the selected contractor.

Definition of Parties: Groton-Dunstable Regional School District will hereinafter be referred to as the "District".

Respondents to the RFP shall be referred to as "Proposers." The Proposal to whom the contract is awarded shall

be referred to as the "Contractor".

Description of general cleaning services & light maintenance includes, but is not limited to:

Sweep floors and vacuum carpets.

Empty waste receptacles, including those located around buildings and in parking lots.

Trash removal.

Office recycling.

Scrub, strip and seal floors.

Replenish paper towel, toilet paper, and hand soap dispensers.

Strip and apply non-slip or non-skid floor finish to restroom floors.

Clean walls, partitions, including contiguous surfaces.

Dust and wash columns, doors, and door frames.

Vacuum upholstered furniture and full rug area.

Steam clean carpets to remove all stains.

Clean and vacuum all air diffusers.

Wash windows.

Clean ceiling diffusers, overhead pipes, wall fans, pictures, plaques, walls, file cabinets, bookcases, hard

surfaces, office furniture, graffiti, offices / maintenance garage cleaning.

Replace light bulbs, as needed.

Snow removal of areas adjacent to the building(s) (walkways, stairways).

Painting, as requested.

Background and Scope:

The District currently staffs custodial/cleaning & light maintenance services. The District is seeking proposals for

custodial/cleaning services from private companies according to the attached specifications.

The services provided by the Contractor shall comply with all applicable state and federal laws, and all

Massachusetts Occupational Safety and EPA regulations, including such established procedures for handling the

cleanup of blood borne materials and cleaning industry management standards.

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The Contract will provide equipment in excellent working condition, cleaning tools, floor finishing equipment, and

all cleaning products. It is the intent of these specifications that the schools be kept neat and clean at all times.

These specifications should, therefore, be referred to as a guide for, rather than a limitation to, the Contractor to

maintain the cleanliness of the schools.

3. Information about the District and Work Specifications

Detailed information about Groton-Dunstable Regional School District and the Scope of Work is included in the

Appendices. Appendix A (Types of Work), Appendix B (District Details), Appendix C (District Information).

3.1 Appendix A: Types of Work General Description

Appendix A includes Groton-Dunstable Regional School District Cleaning Procedures, Frequency List, and Summer

Cleaning Task List

3.2 Appendix B: District Details

Floor plans all buildings, Custodial Staffing & Assignment and

Building square footage, Building ages, renovations, number of classrooms.

The District Town Map, 2017-2018 District enrollment, and 2017-2018 school calendar.

Proposal Preparation, Submission, Award, Etc.

4. Addenda

During the proposing period, Proposers may be furnished written Addenda to clarify or supplement the RFP. The

information included in these Addenda is to be included in the proposal and will become part of the contract.

Failure of a Proposer to acknowledge receipt of any or all addenda on the Addenda Receipt Acknowledgement

Form may be sufficient cause for rejection of the proposal.

All Addenda will be emailed to agencies that have requested the specification. Proposers are responsible for

checking their email. Failure to acknowledge all Addenda may result in rejection of your proposal as being non-

responsive. The District will not be bound by oral responses to inquiries or written responses other than Addenda.

5. Proposal Award / Scoring Criteria

In accordance with Massachusetts General Laws, Chapter 30B, proposals will be evaluated in accordance with the

criteria set forth below. This permits the Groton-Dunstable Regional School District to award the contract to the

responsible, responsive, and eligible Proposer who has submitted the most advantageous proposal, taking into

consideration both price and all other. Proposers must provide written documentation, as requested in the

proposal documents, to allow the Groton-Dunstable Regional School District to evaluate proposals in accordance

with the criteria below:

Evaluation Area

Proposal questions (Submittal Form 3) answered clearly, and with advantage to the Groton-Dunstable Regional School District

Performance as reported by references

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Experience and past performance- Presented documentation of building cleaning experience including at least five (5) years of experience of cleaning a minimum of 750,000 square feet of facilities per day which are public or private school environments

Project personnel- Proposer has adequacy in staff size, availability and experience

Cost Control- Proposer shows how they are able to maintain a record of meeting previous budgets, and has a proposed plan for controlling costs to this contract

Guarantees- Defined cost savings the Proposer has shown for the District

Staff training and development program. Vendor clearly shows how they are committed to maintaining a professional trained staff for this project

"Green Initiatives"- Proposer shows how they are committed to using green products and promotes environmentally conservative actions

Project manager/account supervisor's qualifications and experience

Proposer's attendance at pre-bid meeting and facilities walk-through

Proven ability to meet all applicable federal and state wage and safety requirements

Submission of required alternates

Presentations may be requested of the Proposers deemed by the District to be the best suited among those

submitting proposals on the basis of the selection criteria above. Determination of best suited candidates will be

at the sole discretion of the District and the District’s decision shall be final. After presentations have been

completed, the District may select the Proposer(s) which, in its opinion, has made the proposal that is the most

responsive and most responsible.

A detailed evaluation document is provided for vendor reference in Appendix C of these RFP documents. The

evaluation committee will be comprised of Director of Business Services, Director of Facilities, three Principals,

(1Elementary, 1 Middle, 1 High School).

The District reserves the right to accept or reject any and all proposals in whole or in part, to waive any and all

irregularities.

6. Proposal Duration

All proposals must be irrevocable for one hundred and twenty (120) calendar days after the time and date of the

bid opening.

7. Proposal Errors/Omissions/Discrepancies

If there is a discrepancy between the unit price proposal and the extension, the unit price shall govern. Proposers

shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

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8. Proposal Preparation

Proposer assumes all costs of preparation of the proposal and any presentations necessary to the proposal

process. The District does not assume any responsibility for errors, omissions, or misinterpretations resulting from

the use of incomplete sets of this RFP.

9. Proposal Security

Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the

base bid (excluding all alternates) for the first year of the contract made payable to Groton-Dunstable Regional

School District. This security is required as a guarantee that the Proposer will do all of the following within thirty

(30) business days of the proposal award:

A satisfactory performance bond is required

Provide required insurance documents

Enter into a contract to provide the services specified in this RFP

Meet school safety requirements

If the selected Proposer fails to complete the requirements set forth in the previous paragraph, the proposal

security will be forfeited to the District.

Certified checks from all Proposers except the Contractor awarded the contract will be refunded within ten (10)

business days after execution of the contract. The certified check of the Contractor awarded the contract will be

returned within ten (10) business days after the Contractor awarded this contract has met the above listed

conditions.

10. Proposal Submission

One signed original and six printed copies of the separately-submitted price and non-price proposals must be

submitted to the address specified at the beginning of this RFP. One electronic copy (PDF) of each must be

provided. To ensure confidentiality of proposals, faxed or e-mailed proposals will not be accepted. Normal

business hours are 8:00 a.m. to 4:00 p.m., Monday through Friday. Proposals received after the due date will be

returned unopened.

Proposers assume the risk of any delay in the mail or in the handling of the mail by employees of the school

district. Whether sent by mail or by means of personal delivery, the Proposer assumes responsibility for having

the proposal submitted on time at the place specified. Vendors are strongly encouraged to submit proposals

before the due date to avoid the possibility of missing the due date because of unforeseen circumstances.

Postmarking to the due date will not substitute for receipt of the proposal.

Proposers should use the provided submittal instructions document /checklist in Appendix C. This document

indicates all required submittal materials, and for ease in awarding team analysis, vendors are requested to

submit documents in the order defined on this document.

11. Proposal Timeline

The District reserves the right to modify any part of this timeline. Modifications will be sent to all vendors who

have requested a copy of the proposal documents.

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The District reserves the right to determine the requirements and specifications comprising this RFP. Vendor

feedback is requested to help ensure that this RFP is as clear as possible to all potential Proposers.

Responses to questions or requests for clarification will be provided as Addenda.

RFP is available to potential Proposers, Thursday, January 11, 2018

Pre-proposal Meeting/Walk through, Tuesday, January 23, 2018 @ 9:00AM

Deadline for questions on RFP, Friday, January 26, 2018 @ 11:00AM

Proposals are due on Wednesday, January 31, 2018 @ 11:00AM

12. Proposal Withdrawal

Proposers may withdraw their proposals, if they desire, any time before the proposal opening date. Proposals may

not be withdrawn after the proposal deadline, except with loss of the proposal security.

13. Proposer Requirements

The Proposer (or the Proposer’s franchise company) must have been in business for at least three years of

experience of providing custodial/light maintenance, in school settings. The Proposer must demonstrate the

ability to secure the necessary quantity(ies) of staff to perform the scope of work within their proposed start up

time.

The Proposer must demonstrate the needed organizational abilities to successfully implement the transition from

our current service to the new program within the proposed time line.

The Proposer must currently clean at least 500,000 square feet daily and provide satisfactory evidence that it can

perform the services specified in this RFP.

The Proposer must have the human and financial resources necessary to perform this work.

14. Confidentiality of Proposals

All Responses and information submitted in response to this RFP are subject to the Massachusetts Public Records

Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Clause 26. Any statements in submitted

Responses that are inconsistent with these statutes shall be disregarded.

15. Conflict of Interest

Proposers shall provide full disclosure of all existing client relationships that currently or prospectively may rise to

conflicts of interest and disqualification.

Proposers, by submitting a proposal, certify that it has no business or personal relationships with any other

companies or persons that could be considered as a conflict of interest or potential conflict of interest to the

Groton-Dunstable Regional School District.

Proposers, by submitting a proposal and non-collusion statement, certify that there are no principals, officers,

agents, employees, or representatives of the Proposer that have any business or personal relationships with any

other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to

Groton-Dunstable Regional School District, pertaining to any and all work or services to be performed as a result

of this request and any resulting contract with Groton-Dunstable Regional School District.

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16. Debarment

Submission of a signed proposal in response to this RFP is certification that the firm (or any subcontractor) is not

currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from

participation in this transaction by any State or Federal department or agency. Submission is also agreement that

the District will be notified of any change in this status.

17. Questions on Proposal Specifications

It is the responsibility of the Proposer to inquire about any requirement of this RFP that is not understood. All

questions should be in the form of email and addressed to Michael Knight, Director of Business and Finance,

[email protected]. Written questions must be received by January 26, 2018 by 11:00 AM local time.

18. Verbal Representations

Bids must contain in writing all the terms and conditions of the offer being made. Verbal representations made

before or after proposals are submitted will not be considered unless they are made in answer to questions asked

by the District or its representatives and are followed up in writing.

Contract Section

19. Contract Administration

The Superintendent of Schools or designee shall be the District’s authorized representative in all matters

pertaining to the administration of this Contract. The District’s designee may be changed at any time with

appropriate written notice.

20. Contract Documents

The Contract entered into by the parties shall consist of this RFP, the letter of introduction accompanying this RFP,

the signed response/proposal forms submitted by the Contractor, all Addenda issued, and a purchase order

signed by the Superintendent of Schools. The parties may adjust the specific terms of this Contract where

circumstances beyond the control of either party require modification or amendment. Any changes or

modifications to this agreement must be in writing, signed by both parties and attached hereto.

21. Contract Term

It is the intent of the District to award a contract to one Contractor. The Contract is expected to begin on July 1,

2018 for a period of three (3) years, with an option for the parties to extend by written mutual agreement the

Contract by up to two (2) additional years on a year-to-year basis. Nothing requires the District to agree to extend

the Contract beyond the initial three-year term. The Contractor is required to provide a three year price

guarantee.

If conditions warrant, and if mutually agreeable between the District and the present Contractor, this Contract

may be temporarily extended for an additional 90 days in order to provide cleaning services to the building(s) until

a new Contract is awarded. This Contract is for 12-months-per year, work, and requires custodial and light

maintenance work to be performed during school breaks and during the summer.

22. Contract Termination

The District may terminate this contract for cause on written notice to the Contractor as noted in the attached

form of contract.

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The District, on thirty (30) days written notice to the Contractor, may terminate this Contract, or any portion

thereof, for any reason, including convenience, without incurring any penalty, expense or liability to the

Contractor except the obligation to pay for services actually performed under the contract before the date of

termination.

Regardless of the basis for cancellation, the Groton-Dunstable Regional School District shall not be obligated to

pay Contractor for any incidental or consequential damages, loss profits, or costs incurred for services not actually

performed.

23. Dispute Resolution

In the event the awarded Contractor does not meet the requirements of this proposal document and/or any of its

related Addendums, the following steps will be taken:

a. Within seven (7) calendar days of the violation, the Contractor will be given, in writing, a letter stating the

nature of the violation.

b. The Contractor will have seven (7) calendar days after receipt of letter to rectify and respond to the violation in

writing. The response must include the nature of the violation, how it was resolved, and what steps are being

taken to prevent this violation from occurring again.

c. If the Contractor has not resolved the violation or has repeated a similar past violation, the District reserves the

right to terminate the contract by giving, in writing, thirty (30) days written notice of intent to do so. The

Contractor shall be liable for any difference in cost between agreed price and price paid to an alternate

Contractor, including expenses incurred to solicit other Contractor.

24. Contract Validity

If one or more clauses of the Contract are declared invalid, void, unenforceable or illegal, that shall not affect the

validity of the remaining portions of the contract.

25. Entire Agreement

This Contract constitutes the entire agreement between the District and the Contractor, and it supersedes any

prior communications, representations, or agreements of any kind. This Contract may not be modified except in

writing signed by both parties.

26. Governing Law

This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in

accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

The Contractor agrees that any litigation, action or proceeding arising out of this contract shall be instituted in a

state court located in the Commonwealth of Massachusetts. The jurisdiction and venue for any suit brought

against this agreement shall be in Plymouth County.

27. Litigation

If either party to this Contract initiates a lawsuit against the other to secure or protect its rights under this

agreement, the prevailing party shall be entitled to all associated costs of the suit, including reasonable attorney’s

fees, administrative fees, court costs, and damages as part of any judgment entered in its favor.

28. Subcontracting and Assignment

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The Contractor will not be permitted to assign, sell, transfer or otherwise dispose of the Contract or any portion

thereof, or his rights, title or interest therein without prior written approval of the District. The Contractor will not

be permitted to subcontract any portion of the Contract without prior written approval of the District. No

subcontract will, in any case, relieve the Contractor of their responsibility under the Contract. Written consent to

subcontract, assign or otherwise dispose of any portion of the Contract shall not be construed to relieve the

contractor of any responsibility for the fulfillment of the Contract.

Human Resource/Personnel

29. Absenteeism

The Contractor must maintain a pool of trained and qualified substitutes available immediately with the required

CORI background checks and fingerprinting to ensure that the District is adequately staffed in the event of illness,

inclement weather, or injury.

The Contractor is required to inform the building principal, the District designee, and the Contractor’s site

designee when there will be a change of employees for absence purposes.

Except as otherwise specified by law, if the Project Manager/Supervisor is unavailable for work under this

Contract for any substantial period of time (i.e., more than two consecutive work days), the Contractor shall

immediately inform the District designee in writing of the absence, the reason for the absence, and the Contractor

will provide a substitute manager who is familiar with the District’s operations.

The District expects a full-year (365 days) coverage of all contracted services except on District designated

holidays.

The District reserves the right to audit payroll records and/or time cards of the Contractor and its employees.

30. Employee Compensation

Contract shall provide hourly pay rates (or pay rate ranges) and a list of benefits offered to all employees that

would be placed in this assignment.

31. Employee Expectations

All employees are to present themselves in an appropriate manner and attire consistent with the

District’s policies and administrative guidelines. The District reserves the right to seek removal of any contract

employee whose moral conduct, behavior, health habits or appearance are unsatisfactory. The contract employee

will be removed as soon as possible upon being brought to the Contractor’s attention. The District’s decision shall

be final.

All of the Contractor’s employees assigned to the District must meet the following requirements:

They must be:

At least 18 years of age.

High school graduate or equivalent GED.

U.S. citizen or authorized to work in the U.S.

Completion of criminal background and history reports (CORI), fingerprinting, and results compliance with

state laws.

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Able communicate effectively with staff.

Able to inspect, see, and report maintenance needs to the Project Manager/Supervisor and/or to the

building principal.

Able to interact positively and appropriately with students, school employees, and the public. This shall

especially apply to the head custodians.

Able to productively work with minimal supervision.

Competent persons who are well trained in the area of work assigned.

Alcohol and drug free when arriving for and while on duty. Contractor’s employees are prohibited from

the manufacturing of, being in possession of; using, distributing, or dispensing of any controlled

substance, including alcohol, while on school grounds.

Punctual.

Well-groomed and in uniform (provided by the Contractor with the Company’s name clearly visible on the

front of the uniform).

Closets are to be kept clean and orderly at all times. There shall be no

flammable materials stored in those areas.

English may be the employees’ first or second language. Day and evening supervisors must be able to

communicate effectively in English. Because of the need to communicate with English speaking students, staff,

vendors, and community members, all employees must be able to read, write, and speak conversational English.

The District Designee shall maintain attendance records which indicate “log” in at the beginning of their shift and

“log” out at the end of their shift each day in a designated location. This requirement is to enable District staff to

determine which of the Contractor’s staff is in each school at any given time. This requirement shall not apply to

the supervisor/project manager.

At no time shall the Contractor’s personnel do any of the following:

Allow custodial closets, products or equipment unattended

Congregate or have food/drink in unauthorized areas

Disturb papers on desks, open drawers or cabinets, use telephones or computers or tamper with personal

property owned by the District, staff or students, which has not been allowed for their use.

Talk or text on personal cell phones while on duty or use a personal music device such as MP3 player.

Leave lights on or doors open in unattended sections

Play radios, or other similar devices, at a volume that is audible in other areas of the building

Use any District equipment (i.e.: TV’s, VCR’s) that is not required to perform duties

Smoke or use any tobacco products on District property

No visitors, spouses or children of the Contractor's employees will be allowed at the work site during working

hours unless they are employees of the Contractor and receive prior approval from a District’s designee.

32. Employee Personnel Files

The Contractor will be required to provide the District’s Central Administration Office with a copy of the

employees’ files for all of the Contractor’s regular employees assigned to the District. This requirement is intended

to ensure that all required employee background checks have been completed, and to provide results of training

and drug testing.

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Required documents include:

Application

Drug screening and TB test results

I-9 form along with a copy of the employee’s driver’s license and Social Security Card

Results of background check and fingerprinting. District will perform an independent CORI.

Proof of initial and follow-up training

This information will be held in confidence.

33. Employee Selection

All Contract personnel will be required to have a criminal background check (CORI), and fingerprinting, prior to

working on site. The District’s designee will be the final authority for all employee placements in the District.

The District reserves the right to interview all custodial candidates before placement in our schools.

The Contractor shall, at a minimum, perform the following pre-employment screening procedures before

recommending the placement of all regular and substitute employees in

District facilities:

Employee background and reference checks

Drug and Alcohol testing as approved by district

CORI and fingerprinting – any felony convictions or “listed offenses” as will disqualify

Personnel from placement in District.

Obtain a negative Tuberculosis

All applicants being considered for employment must meet the criteria set forth by the United

States Department of Immigration and Naturalization.

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34. Employee Placement

The Contractor shall supply the District a list of all employees assigned to each building and their assigned areas of

responsibility and this list shall be updated as employees are hired or terminated. In addition, the Contractor will

submit a monthly employee list to the Director of Facilities or designee.

The Contractor must inform the Director of Facilities or designee and the building principal at least 48 hours

before new employees are placed in any school in the District. Notification shall include the name, current address

and former employer information of the proposed employee. The District reserves the right to perform

independent background checks on all of the Contractor’s employees consistent with applicable laws.

In the event of a conflict or alleged problem with a Contractor’s employee, the District reserves the right to insist

that the contractor temporarily reassign or remove the employee until resolution to the District designee’s

satisfaction.

35. Equal Opportunity Employer Requirements

The Contractor must comply with all applicable federal and/or state Equal Opportunity Employer

requirements in providing employment and promotion opportunities regardless of age, citizenship status, color,

disability, gender, gender identity, national origin, race, religion, or veteran’s status or any other prohibited basis

under M>G>L c. 151B.

36. Employees with Disabilities

The Contractor agrees to provide reasonable accommodations, upon request, to qualified individuals with

disabilities.

37. Sexual Harassment

Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate.

The District has a legal and ethical responsibility to ensure that all students and staff learn and work in an

environment free of sexual harassment. Consistent with state and federal laws, this right to freedom from sexual

harassment has been defined in District policy by the School Committee. Failure to comply with this policy could

result in termination of this Contract without advanced notice.

38. Smoking

The District prohibits the use of tobacco in school buildings, on school grounds or in school vehicles. This

prohibition applies to all Contractors and workers on school grounds and to all forms of tobacco products. The

Contractor shall be responsible for the implementation and enforcement of this requirement.

39. Staff Conflicts or Problems

The District reserves the right to request that the Contractor remove any employee from the District Contract for

unsatisfactory performance, inappropriate appearance and/or conduct. If the District’s designee notifies the

Contractor in writing that any of the Contractor’s employees assigned to the District is determined to be

incompetent, disorderly, or otherwise unsatisfactory. The Contractor will remove such employee within one (1)

shift and will not assign that employee to work in District schools/buildings without the written consent of the

District’s designee.

40. Staffing Requirements

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40.1 General Information

The Contractor shall provide an adequate staff of experienced personnel, capable and competent in the successful

accomplishment of the work to be performed under this Contract. Proposers must quote staffing levels at each

facility that meet or exceed the minimum level as defined by the District in the

Proposal Form. The following minimum staffing levels are required by the District.

All elementary facilities: A minimum of 1 day shift (lead) full time custodian and at least 2 full time custodians on

the afternoon/evening shift.

All middle school facilities: A minimum of 1 (lead) full time custodian on the day shift, 1 custodian on the swing

shift and 3 full time custodians on the afternoon/evening shift.

High school facility: A minimum of one day shift (lead) full time custodian, one additional full time custodian on

the day shift, one (1) custodian on the swing shift, four (4) full time custodians on the evening shift. The high

school building is staffed 7 days a week. A minimum of one custodial staff member shall be provided on the

weekends (Saturday and Sunday).

The hours for shifts will be established by the District Designee. All shifts will fall between the hours of

5:00 AM and 12:00 AM.

The Contractor shall perform the services set forth in this Contract at time periods as approved by the District’s

designee. Safety of students and staff and the delivery of the instructional programs will determine the authorized

work periods.

40.2 Alternate Staffing Levels

Regardless of the District’s minimum specified staffing level and hours, it is the Contractor’s responsibility to

maintain the standard of cleanliness specified in the Contract. It is the responsibility of the Contractor to provide

sufficient personnel to ensure that the requirements are met and that each building is effectively cleaned on a

daily basis.

The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of

employees to perform the required services efficiently and in a manner acceptable to the District.

40.3 ExtraCurricular, Sports, and Facility Rental Activities

The Contractor will be responsible for furniture setup and breakdown (when appropriate) for extracurricular

activity needs, sporting events, or rental agreements that occur at school sites. These events are numerous

throughout the District and may occur after school hours.

Scheduled use of the buildings on the weekend may occur. The Contractor will be responsible to open and

prepare the buildings for scheduled use on a Saturday or Sunday. These scheduled events may be related to

District rental agreements or administrative and staff needs. Hours of service for events that extend outside of the

regular schedule must be invoiced by the Contractor separately from the monthly contract fee and will be

mutually agreed upon prior to the event. Periodic special events will require the Contractor to modify the cleaning

schedule to accomplish setup and breakdown of those special events (parent teacher conferences, a performance

in the auditorium, home sports games, etc.). The Contractor may choose to schedule support clean-up on the day

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after the event if the delaying of the clean-up does not detract or interfere with the overall appearance or

environment of the school facility.

40.4 After School and Weekend Activities

Services provided for activities that are billable beyond the regular base contract must be approved in advance by

the District designee. Itemized bills should include the date of the service, hours worked, name of the event, and

the district designee who approved the service.

Such billing must be submitted under separate invoices but at the same time as the base contract invoice within

30 days in which the service was provided.

The contracted custodians are to be available during scheduled events as follows:

1. In the elementary schools, any space, used for an after-school activity, shall be opened, available and cleaned

before and after the end of that activity, provided it ends by 9:30pm.

2. In the Middle School and the High School, any space, used for an after-school activity, shall be opened, available

and cleaned before and after the end of that activity, provided it ends by 11:00 pm.

3. Spaces that are to be used for after-school activities are cleaned and set-up at the scheduled times, and efforts

are made to ensure that the routine cleaning of the remainder of the building does not interfere with the

scheduled activity.

The Contractor will ensure that the all school facilities are cleaned at the opening of each school day. The

Contractor may be required to provide extra or special coverage on Saturdays and/or Sundays with short notice.

This may be in addition to the scheduled Saturday/Sunday shift. The hourly rate for this service will be requested

on the proposal form.

The Contractor may invoice the District at the agreed upon rates for this extra work.

The District will consider flexible staff schedules to include Saturday and Sunday hours at all locations in order to

staff the events without the use of overtime. All overtimes, scheduled and unscheduled, must be requested by the

Project Manager/Supervisor to the District’s designee or Building Use Coordinator or his/her designee for

approval in advance.

40.5 Schedule Changes

The District reserves the right to change any and all of the work schedules with advance notice to the Contractor.

The Contractor shall notify the District immediately of conditions, which will limit hours or decrease the daily work

crews, such as illness or injury. In addition, the Contractor shall notify the District’s designee in advance of any

condition or situation, which will affect the performance of the work under this Contract. In either case, the

Contractor shall communicate how the affected work will be rescheduled.

40.6 Scheduled Breaks and Summer Cleaning

Scheduled breaks and summer cleaning shall be coordinated with the District’s designee. The schedule is to be

developed with the goal of minimizing interference with any scheduled instructional activities or with contracted

work being performed by others.

41. Substitute Scheduling

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The Contractor will recruit, background check, employ, train, pay, and supervise all substitute custodians for this

Contract.

42. Project Manager/Supervisor

The Contractor shall provide a Project Manager/Supervisor with a strong background in facilities management,

business or a related field and three (3) years of direct facilities management experience.

The Contractor shall provide a full-time and full-year excluding District designated holidays Project

Manager/Supervisor on-site to manage personnel, cleaning schedules, special projects, and building use coverage.

The District will provide office space and reasonable furnishing with a District desk phone and networked

computer.

The Contractor is responsible for any additional equipment, supplies, assistance, or secretarial help.

The Contractor shall provide the District with a list of all equipment and all supervisory personnel including the

telephone numbers where each person may be reached at all times. In addition, the Contractor will provide the

Project Manager/Supervisor assigned to the District with a cell phone at a minimum, and additional equipment

(e.g., pager, computer, etc.) at the Contractor’s discretion. A résumé for the Project Manager/Supervisor must be

provided as part of the proposal. All key personnel assigned by the Contractor are subject to concurrence of the

District’s designee at all times.

Once assigned to work under this Contract, the Contractor shall not remove or replace the Project

Manager/Supervisor without written concurrence of the District designee. The Project Manager/Supervisor will be

required to answer each call from the District’s designee within 30 minutes of the time the call is placed. Failure to

answer the call/page within 30 minutes will be considered non-compliance and will be assessed a penalty as

provided for in the “Deductions and Penalties” section of this RFP.

The Project Manager/Supervisor(s)

Must have a minimum of 3 years of managerial/supervisory experiences in related areas. must be able to

use a computer for tasks, and be able to access and use e-mail for communication.

Must be authorized by the Contractor to act as the Contractor's agent in all communications with the


Must have experience supervising cleaning staff.

Is to have full authority from the Contractor to schedule working hours, custodian's assignments, and

cleaning procedures.

Shall cooperate fully with District administrators.

Sall be available for inspection of the buildings at times other than during working hours when requested.

43. Training Requirements

The Contractor is to have, in-place, an on-going, effective and documented training program that includes at a

minimum all local, state and federally mandated training and contains, at a minimum:

43.1 Orientation program before placement in District Schools:

AHERA, Floor Tile Care, Basic General Cleaning Procedures, Blood borne Pathogens, Carpet Care, Handbook

Review, Hard Floor Care, Lock-out/Tag-out Procedures, Ladder Safety, Personal Grooming, Right-to-Know

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including Material Safety Data Sheets (MSDS), Safety, Sexual Harassment, Minor Mercury Spill Cleanup, Bullying

training, and Groton-Dunstable Contract expectations.

The Contractor will provide documentation of employees who have attended such a program, including date and

time, to the District’s designee within 30 days after the hire date of the employee. If proof is not submitted to the

District designee within 30 days a $100 fine per employee may be imposed by the District. The deduction will be

made on the next month’s invoice and every month until the proof is submitted.

43.2 Ongoing training program after placement in Groton-Dunstable Schools:

The Contractor will provide at least 12 hours of job-related training per year to each employee. The Contractor to

review with Director of Facilities the topics to be covered. The Contractor must show proof that it has provided

blood borne pathogen training and harassment prevention training to its personnel as required by applicable

codes and standards. The Contractor will provide the District designee with training logs and, if requested, training

verification.

44. Uniforms and Identification

The Contractor will provide, and all of the Contractor’s employees are required to wear uniforms, approved by the

District on all work days. Uniforms will be provided by the Contractor and must be worn by all regular and

substitute employees while working in the District’s schools and on the District’s grounds.

The uniforms must be as follows:

Appropriate attire is required for men and women.

In addition to uniforms, all contract personnel are also required to wear a picture ID badge provided by the

District. While performing work at the District, all ID badges are to be worn clearly visible.

General Provisions

45. Asbestos

Many of the District school facilities have recently been renovated, and therefore have had full asbestos

abatement; however, some older schools may include some asbestos containing building materials. Some of the

most common locations include floor tile, HVAC pipe wrap, ceiling tile, and glue holding chalkboards to classroom

walls.

Each school has, and the District’s designee has, a copy of the District’s asbestos management plan for each

school. These are available for public inspection.

All of the Contractor’s employees assigned to the District should familiarize themselves with the various sources of

asbestos in the school(s) to which they are assigned.

46. Billing/Payments

46.1 Billing

Cleaning services are to be billed in equal monthly installments as agreed upon by both parties prior to signing of

Contract.(see also form of contract for more details)

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Invoices must itemize charges of labor for each school and must reference a purchase order number. Invoices

shall be submitted to

Accounts Payable


145 Main Street

Groton, MA 01450

46.2 Payments

Payment will be made after Contractor’s submittal of a proper invoice. One check will be issued per month.

Payments will be made on a net 45 day basis unless early payment discount terms are offered and accepted.

46.3 Additional Charges

Any work outside the scope of these specifications must be approved and assigned in advance by the District’s

designee.

Invoices for additional work must include the date and times of the work, the name of the school, the type of the

work performed, the number of hours worked, and the name of the person authorized by the

Superintendent/Designee who approved the work to be performed. They are to be sent directly to the established

billing address along with the regular monthly billing for processing and are not to be included on the regular

monthly invoice.(see form of contract for details)

47. Building Opening and Closing

Contractor employees may be asked to lock or unlock specific doors at the times specified by the District’s

designee. As needed, contractor employees will be asked to assist on lock downs and fire drills.

The Contractor is responsible for the security of the building during the cleaning operation. The Contractor shall

secure the building at the end of each shift and set the alarm (secure all doors, turn off all but designated lights,

turn off ceiling fans, and secure 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 relocked 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.

Any Town property damaged by the Contractor in carrying out the provisions of this contract shall be restored to

its original condition by and at the expense of the Contractor. The Contractor shall be held responsible for any

Town property that is lost or stolen during the execution of the work. In addition to the insurance requirements

under Section VI of this RFP, the Contractor must also have theft insurance in the amount of not less than

$100,000 per occurrence to include Employee Theft of client Property coverage during the term of the contract.

If the Contractor fails to properly secure any building, a non-compliance penalty as provided in the “Deductions

and Penalties” section of this RFP shall be applied and shall be deducted from the next month’s payment.

48. Communication with Principals

One of the Contractor’s most important customers is the building principals. To ensure customer satisfaction, the

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Contractor’s employees are required to maintain regular, open communication with the building principals.

49. Contractor Protection Clause

Neither party hereto will negotiate with or hire personnel employed by the other, during the term of the Contract,

without written permission of the other party.

50. District’s Designee

The District’s designee referred to throughout this RFP shall refer to the Director of Facilities or designee. The

District’s Superintendent is authorized to modify this designation.

51. Emergency Contacts and reporting

The Contractor is responsible for providing the District’s designee with an emergency contact person and

telephone number for each set of building workers. If the need arises for the District’s designee to contact one of

the Contractor’s employees at a large site, there must also be a system in place to accomplish this task.

Therefore, the District requires a cell phone system, a radio system, or other acceptable communication system to

contact contract personnel at all District locations.

Employees of Contractors shall notify the onsite Senior Custodian or Shift Supervisor for the following: stopped

toilets and drains, broken fixtures and equipment, lights out of order, etc. Anything of immediate nature such as

open or unlocked doors, or anything out of the ordinary shall be reported to the Shift Supervisor for the district.

The Contractor shall make a written report to the district, within three (3) hours, of all accidents in which its

equipment may have been involved while on Town property. In the event the accident involves injury or death of

any person, a verbal report shall be made at once in person or by telephone to either the Director of Facility

Operations, or the business Manager, after notification to the police, and rendering assistance to the injured.

52. Emergency Service

The Contractor agrees to respond to any requests for emergency clean-up caused by rain, snow, plumbing failure,

leaks, or accidents. This is in effect 24 hours per day, 7 days per week. Hourly pricing for this after hours,

emergency service is requested on the proposal form.

Any additional services of this nature must be pre-approved by the District’s designee on call. Any invoice for this

type of service must include the school, date, area(s)affected, scope of work performed, hours expended by

contract personnel, and name and signature of person authorizing the work.

53. Energy Conservation

Every 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.

54. Equipment, Tools, Cleaning Supplies

It will be the Contractor's responsibility to ensure that its employees use the equipment, tools, and supplies in a

safe and orderly manner and in accordance with the manufacturer's instructions and guidelines and within all

local, state, and federal regulations.

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54.1 Tools and Cleaning Supplies

The Contractor shall provide all cleaning tools including (but not limited to) the following at each school: vacuums,

brooms, minimum 24”-60” dry mops, dusters, dustpans, flashlights and batteries, mop buckets and wringers, mop

heads/handles, floor strippers/finishers, snow shovels, squeegees, street (push type) brooms, wet mops, exterior

brooms, yard rakes, custodial carts/barrels, micro-fiber supplies & equipment, plungers, and other tools necessary

to perform the services specified in this Contract. The Contractor will also supply all soaps, wax and cleaning

solutions.

Maintaining all cleaning equipment and tools will be the responsibility of the Contractor. Vendor must

appropriately maintain all equipment to ensure its proper operation and preserve its expected life cycle.

The District reserves the right to inspect and inventory equipment to ensure its proper use and care.

55. Gifts, Gratuities or Kickbacks

Acceptance and the offering of gifts, gratuities or kickbacks from Proposers or the Contractor to District

employees and their family members or the members of the School Committee are prohibited.

56. Government Regulations and District Policies

The Contractor must have a complete working knowledge of, and must comply with, all of the following:

Asbestos Hazard Emergency Response (AHERA) regulations

All other applicable federal, state, and local laws, codes, and regulations

Groton-Dunstable Regional School Committee policies and administrative guidelines

57. Hazardous Substances

The Contractor will ensure that any substances defined as hazardous by state or federal law will be properly

labeled and delivered or used in a way that does not violate state or federal laws.

58. Holidays and Break periods

The Contractor will be required to provide custodial services in all district buildings during all break periods. Extra

cleaning is performed during these periods. The District is closed on, and the Contractor is not required to provide

cleaning or other services on the following holidays: New Year’s Day, Martin Luther King, Jr. Day, President’s Day,

Patriot’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. The buildings

are expected to be clean and ready for school the next business day after a school holiday. The District may have

scheduled events for coverage on these days.

The District reserves the right to require some work on any and all of these holidays. If such work is requested by

the District’s designee, the Contractor may bill the District for this work at the hourly rate quoted on the proposal

form. Any overtime must be pre-approved and written authorization by the District’s designee and in

conformance to the Fair Labor Standards Act.

59. Indemnification Requirements

See the form of contract attached

60. Independent Contractor

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It is expressly agreed between the Contractor and the District that the Contractor will act as an independent

contractor in the performance of its duties under this contract and under no circumstances shall any of the

employees of any party be deemed the employees of the other for any purpose.

The Contractor shall be wholly responsible for paying all taxes including but not limited to federal and state

income taxes, FICA, FUTA, workers’ compensation, unemployment and single business taxes to the extent that any

or all of the foregoing are applicable. The Contractor shall defend, indemnify and hold harmless the District from

and against any claims by any taxing authority, for any taxes, interest or penalties relating to the Contractor or

his/her employees or agents, if any.

The Contractor shall acquire, worker’s compensation insurance for himself/herself, his/her employees or agents,

and shall defend, indemnify and hold harmless the District from and against any claim for worker’s compensation

brought by or on account of the Contractor or by any of its employees or agents. The Contractor shall not be

entitled to participate in any of the District’s retirement programs or fringe benefits and, unless otherwise agreed

to in writing by the Superintendent of Schools, the Contractor shall be required to pay for his/her own

professional dues, seminars, convention costs, and any other business related expenses. Whether the Contractor

is a corporation, partnership, another legal entity, or an individual, the Contractor is an independent contractor. If

the Contractor is an individual, the Contractor's duties will be performed with the understanding that the

Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform

and is customarily engaged in the independent performance of the same or similar services for others.

The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the

services and the results to be achieved shall be specified by the District. The Contractor is not to be deemed an

employee or an agent of the District, and has no authority to make any binding commitments or obligations on

behalf of the District except as expressly provided herein.

61. Insurance Requirements

See the form of contract attached

62. Keys, ID Cards and Alarm Codes

The District shall provide the Contractor with card access ID Badges, keys and alarm codes for each school. Keys,

ID Cards and alarm codes must not be traded between or shared among employees.

Previously assigned alarm codes must not be forwarded by the Contractor to new employees.

Notification to the District shall be immediate with the reassignment or termination of any individual who has

been assigned an access cards or alarm code. Each employee will be required to sign for his/her ID/Card Access

card.

At no time shall copies be made of any keys issued. If additional copies are needed, the Contractor must obtain

keys from the District.

62.1 Key Replacement

There will be a $100.00 charge for the replacement of any lost or stolen key and a $10.00 charge for the

replacement/re-issuance of lost ID Cards. Damaged ID Cards will be replaced at no charge.

62.2 Lost Keys

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All lost building keys assigned to the Contractor or to any of the Contractor’s employees, (whether interior or

exterior keys), must be reported to the District’s designee within 24 hours of discovery of the loss.

62.3 Re-keying of Locks

If the District deems it necessary to re-key any locks due to inadequate key control/management by the

Contractor, the cost will be deducted from the monthly payment. This includes the cost of door core replacement.

62.4 Security of Keys

The Contractor is prohibited from lending District building keys or ID Cards to anyone. The

Contractor and its employees are also prohibited from leaving key rings in closets or from lying on custodial carts,

or otherwise out of their possession. Each instance of District-observed non-compliance will result in non-

compliance penalty of $50.

62.5 Termination of Contract

All keys assigned to a Contractor’s employee shall be returned to the District’s designee when his/her services in

the assigned school end. All keys shall be returned to the District’s designee at the termination of this contract.

The charges for all missing keys will be deducted from final payment.

63. Licenses and Permits

The Contractor shall obtain at its own expense any necessary licenses and permits to provide the services

specified in this Contract.

64. Maintenance Work

Custodians, and particularly the head custodians, will be required to occasionally perform light maintenance tasks

as needed. These tasks can typically be performed with a hammer, screwdriver (manual and powered), small drill,

paint brush, pliers, or adjustable wrench. Custodians shall be trained in standard boiler operations, including

starting and stopping.

65. Performance Bond

The Contractor awarded the bid will be required to furnish the Owner with a satisfactory performance bond. The

purpose of the performance bond requirement is to secure the faithful performance of the RFP/contract

specifications and to financially protect the District against the cost to hire a different contractor to fulfill the

contract requirements unfulfilled by the original contractor.

66. Prices

The prices proposed by the Contractor shall include all charges for labor, insurance, taxes, overhead, profit, and

other applicable costs. The prices in the Contractor’s proposal must be based on the Cleaning Frequency

Requirements (Appendix A), specified in this RFP.

The District may periodically request the Contractor to perform work that is not specified in this contract. Any

such work will be classified as extra work and will be billed according to the rate specified in the bid proposal. Any

additional work for which additional charges will be billed to the District must be pre-approved in writing by the

District’s Designee.

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66.1 Price Increases

The prices proposed by the Contractor shall remain firm for the first three years of the contract. If the contract is

extended beyond three years, the Contractor agrees not to increase labor, supply, or equipment at a rate that is

higher than the change in the Consumers Price Index – All Urban Consumers provided by the U.S. Census Bureau

as follows:

Year 1 Amount specified on proposal



Year 4 Subject to negotiation Year 5 Subject to negotiation

The District will not consider any other price increases during the term of the contract (including extensions),

unless one or more of the following occur:

The District requests a change in the scope of the project, the cost of which exceeds five percent (5%) of the total

contract price.

When the District significantly increases the cleaning frequency requirements, a federally mandated minimum

wage increase is enacted during the term of this contract.

If this occurs, the Contractor will have the option to negotiate the amount necessary to cover the increased

payroll costs. Any requested increase must be justified by a copy of the current payroll identifying those

employees who are below the new minimum wage standards and the amount required to enable them to meet

the new minimum wage standards.

The Contractor shall notify the District in writing at least 90 calendar days before any price increase is to start.

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67. Property Damage

The Contractor shall inform the applicable principal and Director of Facilities of any vandalism, evidence of

attempts to force entry, and all other damages to any buildings. The Contractor’s employees shall report, in

writing, any items that require maintenance or repair that are discovered during the process of this contract.

The Contractor shall be responsible for reporting and paying for any damages to any of the District's buildings,

equipment, and/or contents caused by the Contractor’s employees. All repairs to District facilities shall be made

or facilitated by the District, then reimbursed by the Contractor if appropriate.

68. Property Protection

The Contractor shall continuously maintain adequate protection of all work covered by the contract from damage

or loss and shall protect the property from injury or loss arising in connection with this contract, and shall make

good any such damage, injury or loss. The Contractor is to secure each section of the school as it is completed. The

Contractor is responsible for the conduct of its personnel. The Contractor shall cooperate fully with the

District and with any Law Enforcement authorities in the investigation of any unlawful activities suspected of the

Contractor’s employees while working on the District’s sites.

If personnel employed by the Contractor are found to have committed theft or other unlawful activities on any of

the District’s sites, the Contractor shall be responsible to the District for restitution which will include, but not be

limited to, all actual losses, damages, costs of investigation, and costs of prosecution.

69. Quality Control/Inspections

The Contractor’s Project Manager/Supervisor, the District’s Designee and other personnel as deemed appropriate

by the District’s Designee will perform periodic inspections of each school,

1. to ensure tasks are completed according to the Cleaning Standards and Cleaning Frequency

Requirements,

2. to ensure that the quality of work is satisfactory, and

3. to ensure the Contractor's compliance with other terms of the Contract.

In addition, an inspection of all schools will be conducted prior to each school year. This requirement is not

intended to limit the Contractor’s responsibility to inspect or control his own work, nor does it limit the District’s

right to inspect any building at any time. Inspections are to be conducted with the District’s designee and other

personnel as deemed appropriate by the district designee. The contract supervisor(s) will use the required

inspection forms or pre-printed forms mutually agreed upon between the District and the Contractor.

Upon completion of each inspection, the Contractor will provide a copy of the inspection form to the District

administrator(s) present during the inspection before leaving the school. The District’s Superintendent, the

District’s designee, and the principals may also periodically inspect the schools and may report any deficiencies

and all unsatisfactory performance to the Contractor. The Contractor will be granted a reasonable time to correct

the deficiencies. Where it is necessary, in the District designee’s opinion, to correct unsatisfactory performance to

conduct school activities in a clean and safe environment, all costs incurred by the District to correct the

deficiencies will be deducted from the monthly payment to the Contractor.

70. Record Keeping Requirements

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70.1 OSHA

The District shall maintain all required OSHA records. Should the Contractor have occasions to bring any new

chemicals onsite, the Contractor must receive pre-approval by the District’s designee and provide one copy of the

Material Safety Data Sheets (MSDS) to the District’s designee, in each building.

70.2 Procedures

The Contractor shall maintain, in each building, a Procedures Manual, indexed and containing the following

sections, specific for that building that shall include, at a minimum:

1. Contractor’s standard policies and procedures

2. Daily routines or schedules for custodians assigned to the building (Appendix A)

3. Emergency and safety procedures

4. List of equipment maintained in the building.

5. Maintenance and use manuals for all custodian equipment in the building

6. List of all custodians assigned to each school (for contact purposes)

7. Standard cleaning procedures

71. Safety

The Contractor shall be responsible for compliance with all applicable federal and state laws, codes, and

regulations, including but not limited to OSHA and the Right-to-Know. The Contractor shall be responsible and

liable for the safety of its personnel while its employees are performing the contracted services for the Groton-

Dunstable Regional School District.

72. School Calendar

The 2017-18 school calendar is included in Appendix B. The 2018-19 calendar has not been established.

73. School Closings

Custodians are required to work on days that school is closed due to inclement weather, mechanical failures, and

electrical outages. On these days, regular work assignments are in effect, unless otherwise directed by the


In addition to snow removal around school entrances, custodians are required to perform other tasks listed on the

Cleaning Frequency Requirements. During inclement weather, the District may permit flexible scheduling with the

approval of the District designee.

31

74. Snow and Ice Management

Custodial: The Contractor is responsible for clearing snow and ice, and for distributing ice melt around doorway

entrances and on all sidewalks on District property. When snow continues to fall after the District snow removal

crew has plowed, custodial staff is required to clear sidewalks leading to the building entrances as needed to

assure maximum safety for building users.

Assigned staff will be responsible for operation of powered snow removal equipment.

75. Renovations

During times of repairs, remodeling, renovations and construction, the District’s designee may re-assign the

custodial work normally performed in these areas.

Deductions and Penalties

76. Deductions for Temporary School Closures

If one or more schools are closed for more than three consecutive work days for “Acts of God”, building

renovations, and/or a problem with the building, the District’s designee may request that cleaning services be

temporarily suspended in the applicable school(s). If this occurs, the District’s bill for that month will be reduced

by 1/20th for each day of work that cleaning services are cancelled in the applicable school(s). If any such service

reductions can be reasonably anticipated by the District, the District’s designee will provide as much lead time to

the Contractor as possible.

77. Deductions for penalties

All penalties will be assessed in writing by the Superintendent of Schools or Director of Facilities. Assessed

penalties are binding and not subject to dispute resolution.

77.1 Cleaning Standards

There will be a $50.00 charge per incident, per building, that is in violation of cleaning standards, procedures and

frequencies. (Appendix A)

77.2 Excessive Staff Turnover

The Groton-Dunstable Regional School District seeks to maintain clean and safe buildings and grounds for all.

Hence, these services and high expectations can be provided only by a trained staff with low turnover who

receives a fair wage that meets industry standards. Managerial, “Head” or “Lead” custodian positions shall not be

re-assigned to other vendor accounts without prior written consent from District Designee. A $1,000 penalty may

be charged per instance for staff turnover in the managerial, “head” or “lead” custodian positions per school

within the life of the contract if the replacement is not requested by the District. This penalty will be waived

during the first 90 days of the initial contract.

77.3 ID Badges/Uniforms

If a contract employee is observed at the work site without wearing the Company issued picture

32

ID badge, the Contractor will be in non-compliance with the contract and a $25 deduction may be made on the

monthly invoice.

77.4 Fines for OSHA Violations

If the District is assessed any fines for OSHA violations arising out of these contract services and attributable to the

Contractor, the Contractor shall reimburse the District for these fines by commensurately reducing the charges on

the monthly invoice.

77.5 Improper Chemical Use

If the Contractor uses chemicals or methods that damage the District’s property and/or health of staff and

students, the Contractor shall pay for the property’s replacement and provide insurance coverage for health

liabilities. This includes chemicals used for pest management. For damages to health or property that are shown

to have been the result of Contractor negligence, a penalty of $5,000 may be imposed by the District. The

deduction will be made on the next month’s invoice.

77.6 Improperly Securing Buildings

If the Contractor fails to properly secure any building, including but not limited to, interior and exterior doors,

setting alarm codes and securing windows, an initial non-compliance penalty of $250 shall be deducted from

monthly payment and each subsequent incident will double the penalty.

77.7 Building Alarm Code Replacements

There will be a $50 charge for the replacement or sharing of building alarm codes.

77.8 Keys

Please refer to the “Keys” section of this RFP (specifically, the “Security of Keys” and “Replacement”

subsections).

77.9 Non-answering of Cell Phone Calls

During the hours of school operations, calls placed by the District’s Superintendent, the District’s designee, or the

building principal to the Contractor’s Project Manager/Supervisor that are not answered or returned within 15

minutes after the call is placed will be assessed a $25 penalty per incident. The deduction will be made on

monthly invoice.

77.10 Non-approved Personnel

If a Contractor’s employee is observed working in the District and has not been authorized by the District’s

designee to work in the District, the Contractor will be in non-compliance with the contract and a $500 deduction

will be made on the monthly invoice.

77.11 Summer Cleaning School Inspections

All buildings must be thoroughly cleaned each summer and ready for school opening. The Superintendent or

designee will conduct a walkthrough of each building approximately one week before the scheduled date of

school opening. A list of all tasks to be completed is included in Appendix A. If the Contractor fails to properly

33

complete summer cleaning requirements a penalty of $5,000 may be imposed by the District. The deduction will

be made on monthly invoice.

77.12 Unfilled Employee Absences

Whenever any custodians are absent from part or all of their District assignment and a substitute is not provided

by the Contractor, the Contractor must deduct the following amounts from the next invoice. For each unfilled day

shift on school days – a $300 penalty per instance. For all other unfilled shifts – a $100 penalty per instance. These

penalties are intended to reflect the Contractor’s labor savings by not providing eight hours of labor and to

provide an “assured staffing” incentive.

77.13 After School and Weekend Activities

Whenever a custodial is not available as required in section 41.4 a penalty of $100 per incident will be deducted

from the monthly invoice.

34

Appendix Information

Appendix A – Types of Work

Cleaning Standards/Procedures & Frequencies

Summer Cleaning Task List

Appendix B – Scope of Work

Building Ages, Renovations and Classroom Information

Town Maps (Groton & Dunstable)

Building Floor Plans

Boutwell School

Swallow Union Elementary School

Forence Roche Elementary School

Groton-Dunstable Regional Middle School North Building

Groton-Dunstable Regional Middle School South Building

Groton-Dunstable Regional High School

Peter Twomey Youth Center

2017-2018 Groton-Dunstable Regional School District School Calendar

Current School Enrollment

Appendix C – Submittal Forms and Instructions

Submittal Instructions

Evaluation Criteria

Provided Submittal Forms

Submittal Form #1: Proposer Name and Information

Submittal Form #2: Proposer Price Proposal

Submittal Form #3: Proposer Questions

o Provide detailed answers to all questions in this section

Submittal Form #4: Proposer References

Submittal Form #5: Statement of Non Collusion

Submittal Form #6: Authorized Signatory Listing

Submittal Form #7: Form W9- Request for Taxpayer ID Number

Submittal Form #8: Commonwealth of MA - Affirmative Action Program

Vendor Supplied Forms/Documents

Resume/Names of Key Company Personnel

Audited Financial Statements

Proposal Bond / Check for 5% of total proposal calculated price

Appendix D – Form of Contract

35

Appendix A: Types of Work - Cleaning Standards & Procedures / Frequencies

Classrooms Daily Weekly Monthly School

Vacations

Annual

Empty all wastebaskets, damp wipe exterior

surfaces of containers, replace liners and

remove trash to disposal area

X

Clean door glass in and out X Clean whiteboards/interactive whiteboards

per manufacturer recommendations. Make

note to ensure teachers do not have material

to "save"

X

Empty pencil sharpeners X Sweep or dry mop all floor surfaces, remove

gum and adhesives. Wet mop spills

X

Vacuum and wet mop floor, paying particular

attention to edges and corners X

Wash and disinfect desk/table and counter

surfaces

X

Dust tops of file cabinets, teachers desks,

window ledges and fixed furnishings

X

Apply restorer or spray wax and burnish all

floors

X

Spot clean walls, doors, door frames, switches

and partitions

X

Fill and clean all soap and towel dispensers X

Carpeted classrooms, offices, library, entrance

mats, and media center Vacuum all traffic areas

and soiled carpet surfaces and under easily

moved furniture Inspect carpet for spots and

remove stains

X

Carpeted classrooms, offices Library and

Media vacuum all exposed surfaces including

edges and corners

X

Clean and polish door kick plates X

Stairwells Daily Weekly Monthly School

Vacations

Annual

Sweep or dry mop all stairs and landings, spot

clean spills and remove gum

X

Damp mop all stairs and landings X Clean and polish door kick plates X

36

Dust high ledges and walls X Wash stair treads and apply protector as

recommended by manufacturer

X

Clean door and sidelight glass X Wash handrails removing smudges, oils, gums

and adhesives

3X

Corridors & Entries Daily Weekly Monthly School

Vacations

Annual

Dry mop floors, remove gum, and all scuff

marks. Remove all adhesives and scrub wash

floor.

2X

Add restorer and burnish corridor floors X Vacuum all entrance mats, remove stains, gum

and adhesives

X

Remove smudges from walls, glass, door

frames, handles, switch plates, kick and push

plates and lockers

X

Clean and sanitize drinking coolers X Clean trophy cases X Dust all ledges, moldings, heaters, shelving and

wall hangings

X

Clean all doors and door frames X Dust ceiling edges/tiles and HVAC duct

ventilation

X

Strip and re-coat all vinyl floors taking care in

all corners & edges. Clean all baseboards. A

complete detail cleaning in all rooms and

hallways, floor to ceiling.

3X X

Vacuum entrance mats, remove any tape or

adhesives and spot clean stains

X

Vacuum all upholstered furnishings in lobby

waiting areas

X

Wash all entry glass 2X Dust all ledges, sills, wall hangings and

furnishings

X

Sweep or dry mop floor X Machine scrub or wet mop entire lobby floor

including edges and corners X

Spot clean all tile walls X Clean and polish door kick plates X Dust locker tops X

General Office Spaces /

Workroom Spaces

Daily Weekly Monthly School

Vacations

Annual

Empty all wastebaskets, damp wipe

exterior surfaces of containers, replace

liners and remove trash to disposal area

X

Dust and spot clean all horizontal

surfaces of counter tops, desks, chairs,

tables, office equipment, window ledges,

heating units, partitions ,doors, door

frames and light switches

X

Remove all finger marks and smudges

from all vertical surfaces, including

doors, door frames, around light

switches, partitions, and wall decorations

X

Dust all pictures, charts and similar wall

hangings

X

Damp wipe all telephones with a

disinfectant cleaner

X

Dust all chair and table legs, rungs,

baseboards, ledges, moldings, and other

low-reach areas

X

Dust all horizontal surfaces of furniture,

fixtures, equipment and accessories

above 72"

X

Vacuum clean all traffic areas and soiled

carpeted surfaces. Inspect carpet for

spots and remove stains

X

Vacuum clean all exposed carpeted

surfaces including edges, corners, and

under easily moved furniture

X

Spot clean all door and partition glass X Completely clean all door and partition X

Restrooms and Locker Rooms Daily Weekly Monthly School

Vacations

Annual

Clean and refill all dispensers

(consumable materials such as soap &

paper products are supplied by District)

X

Clean walls, ceilings, louvers, and vents X

Clean mirrors, doors & frames, and dust

shelving

X

Clean and sanitize all fixtures, wash

basins, urinals, toilet bowls including

underneath plumbing fixtures

X

Polish all fixtures X Sweep and damp mop with a disinfectant

cleaner all floors, paying particular

attention to edges, corners and lower

wall bases.

X

Identify, record and remove graffiti 3X

Machine scrub floors with a disinfectant

cleaner and wash lower wall areas.

X

Empty all wastebaskets, damp wipe

exterior surfaces of containers, replace

liners and remove trash to disposal area

X

Wash and disinfect all partitions and

walls

X

Dust all ledges X Clean and polish all kick plates X Clean-up from any accidents/spills X Cafeteria & Kitchen Daily Weekly Monthly School

Vacations

Annual

Sweep and damp mop with a disinfectant

cleaner all floors- paying particular

attention to edges, corners and lower

wall base

X

Machine scrub floors with a disinfectant

cleaner and wash lower wall areas

X

Clean table surfaces with disinfectant

cleaner as recommended by

manufacturer

X

Return tables to vertical positions X Empty trash after each lunch X

Spot wash any spills and assist with

cafeteria preparation

X

Spot wash walls X Strip and re-coat (2) all vinyl floors taking

care in all corners & edges. Clean all

baseboards. A complete detail cleaning in all

rooms and hallways, floor to ceiling.

X

General Responsibilities Daily Weekly Monthly School

Vacations

Annual

Raise/Lower/Fold Flag X Setup furniture for building use as

requested by building use

coordinator/Director of Facilities,

Designee or automated scheduling

system

X

Assist as necessary with traffic for

student loading/unloading

X

Receive site deliveries X Deliver packages to offices/classrooms X

Assist with the delivery of food products X

Thoroughly cleans and sanitizes

restrooms using established practices and

procedures (see restroom detail)

X

Locks and unlocks doors X

Secure buildings- checking for unlocked

doors and windows. Arm alarm (night)

X

Pick up trash around building /

playground areas/athletic fields

X

Snow removal tasks as defined in Proposal

Section #75

X

Report all maintenance needs via work

order and by telephone For example,

broken dispensers, toilets, water closets,

and sinks and HVAC equipment

X

Replace light bulbs as needed X

Clean-up after nightly building use events

and reset furniture

X

Maintain building security during

activities

X

Remove graffiti X Check computer e-mail as needed for

District Communications

X

Summer Cleaning Daily Weekly Monthly School

Vacations

Annual

A full and complete cleaning of all rooms &

hallways. Diagram room furniture

layout, remove furnishings and

reinstall following full cleaning.

X

Clean all baseboards. Wash walls X

Strip & apply 5 coats of wax all vinyl floors

taking care in all corners & edges.

X

Dust all light fixtures and exposed bulbs.

Replace all non-functioning bulbs.

X

Clean inside tops/rear and inside of all

appliances

(refrigerators/ovens/microwaves)

X

Shampoo entrance mats X Wash top and underside of all

furniture. Identify furniture that

requires repair.

X

Wash interior exterior windows and clean

blinds

X

Groton-Dunstable Regional School District Appendix B:

School Building Enrollment

Year Built Additions Total Sq Ft Notes

Boutwell 63 1914 n/a 8,208

Florence Roche

520 1951 1988-17,600 1996-1,000 1998-4,000 2001-2,000

69,468

Swallow Union 290 1895-9,141 1962-19,862

1975&1995 – 32,140

61,143

Middle School North

490 1962 95,630 Renovated in 2004

Middle School South

300 1989 1999-11,000 2000-4,000

92,000

GD High School

790 2003 165,000

Peter Twomey Youth Center

100 1975 13,626 Renovated in 1997

Appendix C: Submittal Forms and Instructions

Submittal Checklist

Proposers are strongly encouraged to use this checklist prior to sealing envelopes. Please order your

submission packet in the order defined on this checklist.

One signed original and three printed copies of the proposal must be submitted to the address specified

at the beginning of this RFP. One electronic copy (PDF) must be provided on USB or CD Media.

___ Submittal Form #1: Proposer Name / Information

___ Submittal Form #2 Proposer Price Proposal

** Note forms for EACH year

** THESE MUST BE SEALED IN A SEPERATE ENVELOPE INSIDE THE BID PACKAGE **

___ Submittal Form #3: Proposer Questions- Typed responses to all questions

___ Submittal Form #4: Proposer References

___ Submittal Form #5: Statement of Non Collusion

___ Submittal Form #6: Commonwealth of MA Authorized Signatory Listing

___ Submittal Form #7: Form W9- Request for Taxpayer ID Number

___ Submittal Form #8: Commonwealth of MA - Affirmative Action Program

Proposer Supplied Forms/Documents

___ Resume/Names of Key Company Personnel

___ Company Financial Statements

___ Proposal Bond / Check for 5% of total proposal calculated price (Section #9 in RFP)

Please make sure all submission packets are SEALED, and the envelope/box/package is addressed as

defined below- Please ensure price sheets are sealed in a separate envelope in the proposal package:

Attn: Michael Knight


145 Main Street

Groton, MA 01450

Mark Envelope: Custodial Proposal

EVALUATION CRITERIA

In accordance with Massachusetts General Laws, Chapter 30B, proposals will be evaluated in accordance

with the criteria set forth below. This permits the Groton-Dunstable Regional School District to award

the bid to the best qualified, responsible, responsive bidder, taking into consideration both price and

service quality. Bidders must provide written documentation, as requested in the bid documents, to

allow the Groton-Dunstable Regional School District to evaluate proposals in accordance with the

criteria below:

Proposer questions (Submittal Form 3) answered clearly, and with advantage to the Groton-Dunstable Regional School District Highly Advantageous- Proposer clearly documented how their firm will provide a value add to Groton-Dunstable Regional School District, how they are able to control costs, and how they are able to manage contractual requirements. Advantageous- Proposer somewhat shows how their firm will provide a value add to Groton-Dunstable Regional School District, how they may control costs, and how they are manage contractual requirements. Not Advantageous- Proposer shows how their firm may resolve contractual issues, but has not provided detailed information on cost savings or benefits for Groton-Dunstable to outsource our custodial and light maintenance duties. Unacceptable- Bidder does not answer questions.

Performance as reported by references. Highly Advantageous- Proposer provided 3 references. All references demonstrate a positive interaction with the company, services, billing, and do not indicate concerns on supervision/employee turnover or cost overruns. Advantageous- Proposer provided 3 references. Most references demonstrate a positive interaction with the company, services, billing, and do not indicate concerns on supervision/employee turnover or cost overruns. Not Advantageous- Proposer does not provide the appropriate number of references, or they do not provide a positive interaction with the Proposers services and cost controls. Unacceptable- Bidder does not answer questions.

Experience and past performance- Presented documentation of building cleaning experience including at least five (5) years of experience of cleaning a minimum of 500,000 square feet of facilities per day which are public or private school environments. Highly Advantageous- Proposer clearly documented how their firm has at least 5 years of experience in cleaning a minimum of 500,000 square feet of facilities each day, and they are public or private schools. Advantageous- Proposer mostly shows how their firm has at least 5 years of experience in cleaning a minimum of 500,000 square feet of facilities each day. They may not be public/private schools. Not Advantageous- Proposer shows how their firm is has some experience in cleaning facilities, but may not have the number of years or size in square foot minimums.

Unacceptable- Proposer did not show how their has 5 years experience or in cleaning a minimum of 750,000 square feet of facilities per day.

Project personnel-Proposer has adequacy in staff size, availability and experience Highly Advantageous- Proposer shows they have current resources to meet the staffing requirements of this contract, or has clearly demonstrated specific steps they have used to recruit staff for a similar project. Advantageous- Proposer provides some information on their current staff resources to meet the staffing requirements of this contract, or briefly describes how they will recruit staff. Not Advantageous- Proposer does not show how clearly, how they have adequate staff or experience to recruit. Unacceptable- Proposer does not answer questions.

Cost Control- Proposer shows how they are able to maintain a record of meeting previous budgets, and has a proposed plan for controlling costs to this contract. Highly Advantageous- Proposer demonstrates they have a full understanding of a contract of this size and scope, and they have shown clearly a history of keeping within the scope of proposed budgets. Advantageous- Proposer somewhat demonstrates they are able to stay on budget, and shows some plans for controlling additional costs which may arise for the District. Not Advantageous- Proposer does not show how have managed previous budgets, or cost control measures. Unacceptable- Proposer does not answer questions.

Guarantees- Defined cost savings the Proposer has shown for the District. Highly Advantageous- Proposer is able to demonstrate cost savings which may be quickly realized, and has a defined plan for reaching these savings. Advantageous- Proposer may provide recommendations for cost savings, but does not clearly quantify how these savings are realized. Not Advantageous- Proposer does not clearly define how they have arrived at cost savings the district may realize. Unacceptable- Proposer does not answer questions.

Staff training and development program. Vendor clearly shows how they are committed to maintaining a professional trained staff for this project. Highly Advantageous- Proposer defines their staff development and training program, and shows how they continue to maintain a qualified and capable staff. Advantageous- Proposer somewhat shows their staff development and training program, and may show how they provide ongoing training. Not Advantageous- Proposer does not show their staff development program and / or does not show their ongoing training programs Unacceptable- Proposer does not answer questions.

"Green Initiatives"- Proposer shows how they are committed to using green products and promotes environmentally conservative actions. Highly Advantageous- Proposer demonstrates they are committed to a use of green products and continually promotes conservation actions.

Advantageous- Proposer somewhat demonstrates they are able to stay on budget, and shows some plans for controlling additional costs which may arise for the District. Not Advantageous- Proposer does not show how have managed previous budgets, or cost control measures. Unacceptable- Proposer does not answer questions.

Project manager/account supervisor's qualifications and experience. Highly Advantageous- Proposer shows they have provided a highly qualified project manager / account supervisor with past experience managing contracts of this size/scope. Advantageous- Proposer somewhat shows they have provided a highly qualified project manager / account supervisor with past experience managing contracts of this size/scope. Not Advantageous- Proposer does not show how the project manager/supervisor is qualified to manage this project. Unacceptable- Proposer does not answer questions.

Proposer’s attendance at pre-proposal meeting and facilities walk-through. Highly Advantageous- Proposer attended both the pre-proposal meeting and site walk-through. Advantageous- Proposer attended either the pre-proposal meeting, or site walk-through. Unacceptable- Proposer did not attend the pre-proposal meeting or site walk-through.

Proven ability to meet all applicable federal and state wage and safety requirements. Highly Advantageous- Proposer clearly shows how their firm currently is meeting all applicable federal and state wage requirements, and provides detailed information how they are meeting all mandated state and federal safety requirements. Advantageous- Proposer mostly shows how their firm currently is meeting all applicable federal and state wage requirements and may have provided information on how they are meeting all mandated state and federal safety requirements. Not Advantageous- Proposer shows how their firm is meeting some of the federal state and wage requirements and provided information on meeting some federal and state safety requirements. Unacceptable- Proposer did not show how their firm is meeting wage and/or safety requirements.

Submission of required alternates. (Currently there are no defined alternates requested. If alternates are issued via addendum than points may be awarded in this area, otherwise, all proposers will receive the two full points) Highly Advantageous- Proposer submits all required alternates as defined, and provides clear information on how they were calculated. Advantageous- Proposer submits alternates requested, but does not provide clear information. Unacceptable- Proposer does not provide requested alternates.

Appendix D: SUBMITTAL FORM 1:

PROPOSER NAME / INFORMATION

===============================================================================

Business Name: _____________________________________________________________

Address & Telephone Numbers: ________________________________________________

Principal Place of Business _____________________________________________________

Project Manager or Sales Representative _________________________________________

Federal ID/SSN Number: ______________________________________________________

General classification of business or character of work performed:

Doing Business As:

Contractor ___ Partnership___ Corporation___

In the State of:________________________________________

Year Organized:_____________

Number of Years in Business:________________

What categories of work do you perform with your own forces:

Has this business ever defaulted on a contract?

Has this business been involved in any legal suits (please describe and list date)

Lists banks with which your firm does business. Do you grant permission to a Groton-Dunstable officials

to contact for references?

List references your firm does business with (Suppliers/Contractors/etc.) Do you grant permissions to a

Groton-Dunstable officials to contact?

Name of bonding company and address of agent:

I certify the above information to be correct and authorize the Groton-Dunstable Regional School

District to investigate all facts contained herein.

Dated at: this day of __, 2018

Signature

Printed

Title


PROPOSER PRICE PROPOSAL- YEAR 1

July 1, 2018 - June 30, 2019

===============================================================================

GENERAL CLEANING & LIGHT MAINTENANCE SERVICES: (As defined In Appendix A)- Vendor must

provided detailed staff grid as part of Submittal Form #3)

School Monthly Cost Day Service

Monthly Cost Night/Weekend Scheduled Services

Total Annual Costs (including summer and vacation cleanings)

Boutwell

Florence Roche

Swallow Union

Middle School North

Middle School South

High School

Peter Twomey Center

Total

Other Costs: Services outside of responsibilities including during day/afternoon/weekend scheduled

shifts

Service Hourly Cost Notes/Comments

Snow Removal Outside of scheduled hours. Shovel, Ice Melt, Walkway and Entry Clearing

Landscaping Services – Mowing Raking, Clean-up

Emergency Clean-up

Weekend Building opening

Building Security Checks



July 1, 2019 - June 30, 2020

===============================================================================






Boutwell

Florence Roche

Swallow Union

Middle School North

Middle School South

High School

Peter Twomey Center

Total


shifts




Emergency Clean-up





July 1, 2020 - June 30, 2021

===============================================================================






Boutwell

Florence Roche

Swallow Union

Middle School North

Middle School South

High School

Peter Twomey Center

Total


shifts




Emergency Clean-up




PROPOSER PRICE PROPOSAL-BID PRICE

===================================================================================

A. The undersigned proposes to furnish all materials and supplies required for Custodial and Light

Maintenance in accordance with the Contract Documents prepared by the Groton-Dunstable R.S.D. for

the contract price specified below.

B *The proposed contract price is _______________________________-_________________Dollars $ .

(The total dollar amount for the three years of proposed work, inclusive of day and night/weekend

columns)

Year Total Price Present Value (To be filled in by District)

1

2

3

Total

C. The Contractor represents that it has received Contract Documents described herein above.

D. By signing below, the Contractor certifies under the pains and penalties of perjury as follows:

The undersigned Contractor certifies under penalties of perjury that this Bid is in all respects valid, fair

and made without collusion or fraud with any other person. As used in this Affidavit the word "person"

shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

Contractor _______________________________

By its ___________________________________

Name ___________________________________

Address __________________________________

Phone ____________________________________

Appendix D: SUBMITTAL FORM 3: Proposer Questions

===============================================================================

Please provide a detailed answer to each of the questions below.

1. Please describe your arrangements/procedures for on-site supervision. How long will the manager(s)

be on site each day? Is a single supervisor assigned to this contract or does he/she oversee multiple

locations? Please describe how your supervisor evaluates employees, and how the supervisors will

ensure overall quality of service to Groton-Dunstable.

2. Please explain how your firm responds when concerns are raised about work quality or failure to

complete scheduled tasks. Who will normally receive these calls and how are they followed-up on? How

quickly are concerns resolved. Provide a detailed example of a previous instance where a concern was

raised by a client, and how it was resolved.

3. Describe your staff recruitment process, how interviews and assignments will be done under this RFP.

Describe your firms training and development programs for staff.

4. Briefly define the scope of services performed during your years in business. Proposer should state

the number of contractual agreements that the Proposer currently has in place, as well as in the last

twelve (12) months.

5. Describe the cleaning supplies and materials which will be used by your firm. Are these materials

"green" certified? What special certifications does your firm employees have which may benefit Groton-

Dunstable, and describe how these services will be implemented into this contract.

6. Detail how events outside the normal operating schedule of the buildings are staffed. What

procedures do you recommend for the District to communicate facility use events, and how much

advance notice is required.

7. Please tell us about an emergency incident your firm was recently asked to respond to for a client.

How was additional staff mobilized, and what specific steps were taken to ensure that buildings were

cleaned and able to open on time. This sample may be a flood, natural disaster, fire, inclement weather.

8. Describe how you plan to staff this RFP to meet the cleaning and light maintenance requirements as

specified. Provide a detailed plan of day and night staffing services. Make special note of any cost saving

ideas your firm would recommend as part of this proposal, and any additional costs for services

(emergency call-in, additional event coverage)

APPENDIX D: SUBMITTAL 4

CONTRACT REFERENCE FORM

===============================================================================

Proposer Name:

RFP Name/Title: Custodial 2017

The proposal must provide 3 business references.

Reference name ________________________________________________________

Contact: ________________________________________________________

Address: ________________________________________________________

Phone: #________________________________________________________

E-mail address: ________________________________________________________

Description of Services Provided:

_____________________________________________________________________

==============================================================================

Proposer Name:



Reference name ________________________________________________________

Contact: ________________________________________________________

Address: ________________________________________________________

Phone: #________________________________________________________

E-mail address: ________________________________________________________


_____________________________________________________________________

==============================================================================

Proposer Name:



Reference name ________________________________________________________

Contact: ________________________________________________________

Address: ________________________________________________________

Phone: #________________________________________________________

E-mail address: ________________________________________________________


_____________________________________________________________________

References will be contacted to confirm the bidder’s abilities and qualifications as stated in the bidder’s

response. The District may deem the bidder’s response unresponsive if a reference is not obtainable

from a listed reference after reasonable attempts.

APPENDIX D: SUBMITTAL 5

Statement of Non Collusion

===============================================================================

The undersigned certifies under the penalties of perjury that this bid has been made and submitted in

good faith and without collusion or fraud with any other person. As used in this certification, the word

"person" shall mean any natural persons, business, partnership, corporation, union, committee, club or

other organization, entity or group of individuals.

Signature of principal submitting bid:______________________________________________

Date__________________

Name of principal submitting bid:____________________________________________

Company: __________________________________________________________

Title: ________________________________________________________________

Commonwealth of Massachusetts Contractor Authorized Signatory Listing

W-9

AFFIRMATIVE MARKET PROGRAM (AMP) PLAN FORM

Pursuant to Executive Order 390, any contract with a potential financial benefit of $50,000 or more

requires a bidder to complete sections of this form that apply and include the required attachments for

consideration in the scoring of their submission for any contracting opportunity with the

Commonwealth of Massachusetts.

Proposers must submit one form for each M/WBE AMP Relationship.

Proposer Name:

RFR Name/Title:

RFR Number:

Contact Name:

Phone:

( ) -

Fax:

( ) -

Email address:

Company Address:

Is proposer SOMWBA certified? N/A Yes No Applied for certification

M/WBE Contact Name:

Affirmative Market Program Partner (not proposer)

M/WBE Company Name:

M/WBE Company Address:

M/WBE Telephone:

M/WBE Email:

AMP Partner’s SOMWBA Certification Status. Please Check Only One Per Form:

MBE WBE M/WBE M/W Non Profit Applied for certification

Certification Expiration Date (copy of certification letter must be attached): _

Check type of business relationship here that applies to AMP Partner and complete appropriate section

below (1-5):

1. Subcontract: include a copy of the written agreement between the Proposer and Subcontractor.

2. Growth & Development: enclose plan for education, training, mentoring, resource sharing, other

initiatives.

3. Ancillary: submit verbal or written expenditure commitments.

4. Past Performance: credit for past expenditures with certified M/WBEs (for previous 2 years).

5. Additional Creative Initiatives: further use of at least one certified MBE and one WBE AMP Partner.

1. Please complete this section ONLY if the business relationship is Subcontract (as defined within the

scope of the RFR):

Note: All Subcontracting Partnerships require a written agreement between proposer & M/WBE that

includes a description of all commodities or services to be acquired from subcontractor and to be

presented as part of the AMP Plan submission. It is required that proposers commit a specific dollar

amount or a minimum percentage of dollars earned through an awarded contract.

Committed Expenditures or Percentage of gross revenues from the contract in Year 1: Committed

Expenditures or Percentage of gross revenues from the contract in Year 2: Committed Expenditures or

Percentage of gross revenues from the contract in Year 3:

Total Committed Expenditures or Percentage of gross revenues from the contract for all years of the

Contract:

2. Please complete this section ONLY if the business relationship is Growth & Development:

Note: Proposers should provide a narrative here that describes your approach in building the capacity of

the M/WBE, including deliverables or measurable outcomes and anticipated dates of completion which

can be validated during the contract. (Attach additional pages as necessary):

Committed Total Expenditures or Percentage of gross revenues from the contract for each year of the

contract:

Updated August 13, 2007 Page 1

12

3. Please complete this section ONLY if the business relationship is Ancillary:

Note: Proposers should provide a description of commodities or services Ancillary AMP Partner will

provide (continue on additional pages as necessary):

Committed Expenditures or Percentage of gross revenues from the contract in Year 1:



Total Committed Expenditures or Percentage of gross revenues from the contract for all years of the

Contract:

Description of commodities and/or services to be provided by Ancillary Partner:

4. Please complete this section for consideration ONLY relating to Past Performance (or historical

spending with certified M/WBEs within the last 2 years):

List Name (s) of Certified M/WBE Vendor (s):

Circle Certification Status of Vendor (s): MBE WBE M/WBE MNPO WNPO Description of all expenditures

for commodities or services (attach additional pages as necessary):

Reporting Year:

Total Expenditure:

Reporting Year:

Total Expenditure:

5. Please complete this section for consideration ONLY relating to any Other Creative Initiatives: Please

provide a description here of any current creative approaches to partnering with certified businesses

that further supports the AMP Plan (attach additional pages as necessary):

Certification: I hereby certify under the pains and penalties of perjury that the information provided is

correct, to the best of my knowledge:

Signature of Authorized Signatory of Bidder:

Date:

Print Name:

Title:

Business Name:

Business Address:

Total Committed Expenditures or Percentage of gross revenues from the contract for each Year of the

Contract (summary of sections 1-3 above).

Year 1 Year 2 Year 3 Total for all Years


CONTRACT FOR THE PROCUREMENT OF CUSTODIAL/LIGHT MAINTENANCE SERVICES

This Contract is made this _____ day of ____________, 2018, by and between the Groton-Dunstable

Regional School District, 145 Main Street, Groton, MA 01450, acting by the Groton-Dunstable Regional

School District School Committee (hereinafter the “District” or the “Owner”), and

________________________________, a ___________________ organized under the laws of

____________________________, with a principal office located at ___________________________,

and a Massachusetts office located at ______________________________ (hereinafter the

“Contractor”).

The words "he," "him" and "his" in this Contract, as far as they refer to the Contractor, shall so refer

whether the Contractor is an individual, partnership or corporation. All prior contracts, if any exist

between the District and the Contractor, are hereby terminated and shall be of no force and effect.

1. Scope

In consideration of the obligations herein contained, the Contractor shall provide custodial/light

maintenance services for the District as stated in the Request for Proposals (“RFP”), issued by the

District, which is incorporated herein by reference.

2. Standard of Care

The Contractor shall exercise due care and diligence in the provision of goods and in the rendition of all

services under this Contract in accordance with the applicable professional standards in the Eastern

Massachusetts area. The Contractor’s services and delivery of goods shall be performed as expeditiously

as is consistent with such standards, with professional skill and care, and with the orderly progress of

the work.

3. Term

The term of this Contract shall commence as of the execution date of this Contract and shall end three

(3) years later. To the extent permitted by law, this Contract may be extended, at the sole discretion of

the District, for two (2) additional one (1)-year terms.

4. Incorporation of the Request for Proposals/Order of Priority of Contract Documents

The provisions of the RFP and the Contractor’s Proposal are incorporated herein by reference. In the

event of any conflict among the Contract Documents, the Documents shall be construed according to

the following priorities:

Highest Priority: Amendments to Contract (if any)



Second Priority: Contract

Third Priority: Addenda to the RFP (if any)

Fourth Priority: RFP

Fifth Priority: Contractor’s Proposal.

5. Payment

In consideration for performance of the work in accordance with the requirements of this Contract, the

District shall pay the Contractor the prices set forth in the Contractor’s Proposal, a copy of which is

attached hereto and incorporated by reference. Should the District exercise its right to extend the

contract for one (1) or two (2) of the option years, the Contractor shall be paid at the rate for the third

year, plus an increase equal to the Consumer Price Index over the previous year.

This Contract is a fixed price/fixed rate contract and therefore miscellaneous expenditures associated

with the Contractor’s work shall not be paid by the District. In the event that an unforeseen

miscellaneous expense is incurred, the Contractor shall receive the District’s approval in writing prior to

incurring the expense if it will subsequently seek payment of said expense from the District.

Payment shall be made to the Contractor for work completed in accordance with this Contract. All

requests for payment shall be submitted to the District as an invoice and shall specify all goods

delivered.

Payment will be due forty-five (45) days after receipt of the Contractor’s invoice by the District for goods

delivered in accordance with this Contract. The District shall not make payments in advance.

If the District objects to all or part of any invoice, the District shall notify the Contractor in writing within

two (2) weeks of the date of receipt of the invoice, and shall pay that portion of the invoice not in

dispute within thirty (30) days after the date of receipt of the invoice.

Should it be necessary for the Contractor to engage the services of a specialized contractor or

companies other than those originally proposed in the Contractor’s response to the District’s RFP, the

Contractor shall take such measures only with the District’s prior written approval. Charges for such

services, with no mark-up, shall be billed directly to the District unless otherwise agreed upon by the

parties.

Payment of the amounts due under this Contract shall release the District and its officers, employees,

boards, commissions, committees, agents and representatives, from any and all claims and liability in

any way relating to this Contract or anything done in pursuance thereof.

No payment by the District to the Contractor shall be deemed to be a waiver of any right of the District

under this Contract or a ratification by the District of any breach hereof by the Contractor.



6. Warranty

NOT APPLICABLE.

7. Compliance with Laws

The Contractor shall comply with all provisions of Federal, Massachusetts and local law applicable to his

work including, without limitation, statutes, by-laws, rules, regulations, orders and directives, as

amended, and including, without limitation, the Williams-Steiger Occupational Safety and Health Act of

1970, as amended, and related regulations, as amended, in effect throughout the term of this Contract

and any extension or renewal thereof. Without limitation, the Contractor shall comply with the

provisions of Chapter 149, Section 26 to 27D of the Massachusetts General Laws, as amended, and the

applicable minimum wage rates as determined by the Massachusetts Commissioner of Labor and

Industries. This Contract shall be considered to include in their entirety all terms respecting workers'

compensation insurance and other terms required to be included in it by Chapter 152 of the

Massachusetts General Laws, as amended, as though such terms were set forth in their entirety herein.

8. Insurance

The Contractor shall provide and maintain throughout the term of the Contract and any extension or

renewal thereof the following insurance with companies that are authorized and licensed in the

Commonwealth of Massachusetts to issue policies for the coverages and limits so required.

a. Workers' Compensation Insurance as required by the laws of the Commonwealth of Massachusetts

and employer's liability insurance in the amount of $1,000,000/$1,000,000/$1,000,000.

b. Commercial General Liability Insurance, $1,000,000 each occurrence and $2,000,000 aggregate limit.

Commercial General Liability insurance shall include personal injury liability, broad form property

damage liability, products/completed operations liability and broad form contractual liability.

c. Automobile Liability Insurance, covering all leased, owned, non-owned, and hired vehicles - Combined

single limit of $1,000,000.

d. Excess Liability Insurance, Umbrella Form - $1,000,000 each occurrence and $2,000,000 aggregate,

which shall be following form, providing coverage over commercial general liability insurance,

automobile liability insurance, and employer's liability under workers' compensation insurance.

e. The District shall be named as an additional insured on each such policy of Commercial General

Liability Insurance, Excess Liability Insurance, Umbrella Form, and Automobile Liability Insurance.

f. All certificates and policies shall contain the following provision:

“Notwithstanding any other provision herein, should any of the above policies be cancelled or materially

amended before the expiration date thereof, the issuing company will mail thirty (30) days prior written

notice thereof to the named certificate holder and to the District before such cancellation or

amendment shall take place.”



g. Certificates evidencing such insurance in five (5) copies shall be furnished to the District at the

execution of this Contract. Such certificates shall not merely name the types of policy provided, but shall

specifically refer to this Contract and shall state that such insurance is as required by this Contract. The

Contractor shall make no claims against the District or its officers for any injury to any of its officers or

employees or for damage to its equipment arising out of work contemplated by the Contract.

h. The Contractor shall also be required to provide to the District with its proof of insurance coverage

endorsements or riders to the policies of commercial general liability insurance, automobile liability

insurance, and excess liability insurance, umbrella form, which indicate that the District is named as an

additional insured on each such policy.

i. No insurance shall be obtained from an insurer which:

(1) is not licensed to sell insurance in the Commonwealth of Massachusetts; or

(2) is not authorized to provide insurance as an excess or surplus lines insurer, and does not have a

current Best’s rating of A or better.

j. Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach

of this Contract and shall operate as an immediate termination thereof.

9. Indemnification

The Contractor shall compensate the District for all damage to District property of any nature arising out

of the Contractor's work. To the fullest extent permitted by law, the Contractor shall indemnify, defend,

and hold harmless the District and all of its officers, employees, boards, commissions, committees,

agents and representatives from and against all claims, causes of action, suits, costs, damages, and

liability of any kind which arise out of the breach by the Contractor of its obligations under this Contract,

or the act or omission of the Contractor, its subcontractors, or their officers, employees, agents and

representatives or anyone directly or indirectly employed by them, or anyone for whose acts or

omissions they may be liable, regarding the work to be performed by the Contractor under the Contract,

or which arise out of the violation of any federal, Massachusetts or local statute, by-law, rule,

regulation, order or directive, or which relate to personal injury or property damage suffered by the

Contractor or any of its officers or employees regarding the subject matter of this Contract. Said costs

shall include, without limitation, reasonable legal costs, collections fees, and counsel fees incurred in

defending any claim or suit that may be brought against the District and any judgment that may be

obtained in any such claim or suit.



10. No Personal Liability

Neither the District, nor its officers, employees, boards, committees, commissions, agents and

representatives shall be under any personal obligation or incur any personal liability by reason of this

Contract, the execution thereof or anything relating thereto which arises out of the breach or violation

of any provision of this Contract, or the violation of any Federal, Massachusetts or local statute, by-law,

rule, regulation, order or directive, or which relates to personal injury or property damage suffered by

the Contractor or its employees, regarding the subject matter of this Contract.

11. Familiarity with Area of Work

By signing this Contract, the Contractor acknowledges that it is familiar with all conditions of the RFP

and of this Contract. The Contractor has entered into this Contract in reliance on its own examinations

and estimates as to the amount and character of its work, and conditions which may be encountered in

the performance thereof, and shall assume all risks and bear all losses pertaining thereto.

12. Performance Bond

Pursuant to the RFP, the Contractor shall provide a Performance Bond, which is in the amount of one

hundred percent (100%) of the Contract Price, to the District.

13. Labor and Materials Payment Bond

Pursuant to the RFP, the Contractor shall provide a Labor and Materials Payment Bond, which is in the

amount of one hundred percent (100%) of the Contract Price, to the District.

14. Independent Contractor Status

The Contractor shall provide services and deliver goods under this Contract as an independent

contractor with the District and not as an employee of the District. No employee, agent or

representative of the Contractor shall be entitled to receive any benefits of employment with the

District, including without limitation salary, overtime, vacation pay, holiday pay, sick leave, health

insurance, life insurance, pension or deferred compensation.

15. Use of Alcohol and Controlled Substances Prohibited

The Contractor hereby acknowledges that the use of alcoholic beverages, narcotics, and mood altering

substances, except for current valid, legal prescriptions, by any officer, employee, agent, or

representative of the Contractor is prohibited on District property which is the subject matter of this

Contract and during all hours of work under this Contract. If any officer, employee, agent, or

representative of the Contractor violates the foregoing provision, the District shall have the right to

order that such officer, employee, agent, or representative of the Contractor shall not be permitted to

return to work on this Contract. Under such circumstances, the Contractor shall promptly remove the

subject officer, employee, agent, or representative from the job site and shall not permit the subject

officer, employee, agent, or representative to perform further work in conjunction with this Contract.



16. No Smoking

Pursuant to Massachusetts General Laws (M.G.L.) c. 270, §22, the Commonwealth of Massachusetts

Smokefree Workplace Law, the Contractor, its officers, employees, agents, and representatives shall

refrain from smoking and from using tobacco products in any public building in the District.

Additionally the Groton-Dunstable Regional school district prohibits the possession and use of cigars,

little cigars, chewing tobacco, e-liquids, pipe tobacco, snuff, electronic cigarettes, electronic cigars,

electronic pipes, any other electronic nicotine delivery system, inhalant or other similar product that

relies on vaporization or aerosolization while on school property.

17. Weapons

Guns, knives or any other recognized weapons or any tools or instruments intended for use,

as weapons are not allowed upon school property. Possession of a weapon on the grounds

or property of the school district, regardless of whether the weapon is on the person of the

employee or in a location of the employee’s knowledge, shall be cause for the immediate

removal of the employee from Town property and from any further work under this

contract.

18. Criminal Background Screening/CORI

For each employee of the Contractor who is performing services or who is delivering goods under this

Contract, the Contractor shall, subject to its confidentiality and privacy obligations owing to its

employees and third parties, provide a written confirmation to the District that such employee passed

the Contractor’s pre-employment criminal background screen. In the event that any employee refuses

to permit the Contractor to provide such information to the District, the Contractor shall not assign such

employee to perform services for the District or to deliver goods to the District, and such employee shall

not be authorized to perform services for the District or to deliver goods to the District. The District shall

be permitted to keep such information in its files. The Contractor’s employees shall be subject to CORI

screening as stated in the RFP.

19. Delays/Force Majeure

Except as specifically set forth in this Contract, neither party shall hold the other responsible or liable for

damages or delays in performance caused by acts of God, interruptions in the availability of labor, or

other events beyond the control of the other party, or that could not have been reasonably foreseen or

prevented. For this purpose, such acts or events shall include unusually severe weather affecting

performance of services, floods, epidemics, wars, riots, strikes, lockouts, or other industrial

disturbances, protest demonstrations, and project site conditions which could not have been reasonably

anticipated. Should such acts or events occur, both parties shall use their best efforts to overcome the

difficulties arising and to resume as soon as reasonably possible the normal pursuit of performance.



20. Termination

a. If the Contractor shall breach any provision of this Contract, which breach is not cured within twenty-

one (21) days of written notice thereof from the District to the Contractor, the District shall have the

right to terminate this Contract upon written notice to the Contractor.

b. If any assignment shall be made by the Contractor or by any guarantor of the Contractor for the

benefit of creditors, or if a petition is filed by the Contractor or by any guarantor of the Contractor for

adjudication as a bankrupt, or for reorganization or an arrangement under any provision of the

Bankruptcy Act as then in force and effect, or if an involuntary petition under any of the provisions of

the Bankruptcy Act is filed against the Contractor and such involuntary petition is not discharged within

ninety (90) days thereafter, in any event the District may terminate this Contract upon written notice to

the Contractor.

c. The award of this Contract and the continued operation of this Contract are contingent upon

appropriation of sufficient money to fund the Contract. Should sufficient funds not be appropriated

therefor, the District shall no longer be under any obligation to tender performance, including payment,

under the terms of this Contract. In that event, the District may terminate this Contract upon written

notice to the Contractor.

d. The District may terminate this Contract upon written notice to the Contractor if a source of money to

fund the Contract is lost during the Contract term. In the alternative, the parties may agree in writing to

amend the Contract to provide for a Contract price that represents a reduced appropriation for the

Contract term.

e. The District may also terminate this Contract for convenience upon thirty (30) days’ written notice to

the Contractor.

In the event of termination the Contractor shall be entitled to be paid for goods delivered in accordance

with this Contract prior to termination.

In the event that this Contract is terminated pursuant to Section 19a. or 19b. above, the District may

make any reasonable purchase or contract to purchase goods/services in substitution for performance

due from the Contractor and may deduct the cost of any substitute contract, or damages sustained by

the District due to non-performance or non-conformance of services/goods together with incidental and

consequential damages from the Contract price, and shall withhold such damages from sums due or

sums which become due.

21. Notices

Except as otherwise provided in this Contract all notices required or permitted to be given hereunder

shall be in writing and shall be delivered by certified mail or registered mail, return receipt requested, to

the parties at the following address or such other address or addresses as to which a party shall have

notified the other party in accordance with this Section 20.

If to the District: Superintendent of Schools


145 Main Street

Groton, MA 01450

With copies to: Andrew Waugh, Esq.

Murphy, Hesse, Toomey & Lehane, LLP

300 Crown Colony Drive, Suite 410

Quincy, MA 02169

If to the Contractor:



22. Miscellaneous Provisions

a. Any action at law or suit in equity instituted by the Contractor as a result of the performance, non-

performance or alleged breach of this Contract shall be filed in the Superior Court of the Commonwealth

of Massachusetts for Plymouth County, MA, and in no other court or jurisdiction.

b. No action or failure to act by the District shall constitute a waiver of a right or duty afforded to the

District under the Contract, nor shall such action or failure to act constitute approval of or acquiescence

in a breach thereunder, except as may be specifically agreed in writing. No forbearance or indulgence in

any form or manner by the District shall be construed as a waiver or in any way limit the legal or

equitable remedies available to the District. No waiver by the District of any default or breach by the

Contractor shall constitute a waiver of any subsequent default or breach.

c. If the Contractor discovers or is informed of any discrepancy or inconsistency in the Contract

Documents in relation to any law, statute, ordinance, by-law, decree, code, rule, regulation, or order,

the Contractor shall promptly, before commencing performance under this Contract, report the same to

the District in writing.

d. The Contractor acknowledges that it has not been influenced to enter into this Contract, nor has the

Contractor relied upon any warranties or representations not set forth in this instrument.

e. The Contractor shall maintain the confidentiality of information designated by the District as

confidential, unless withholding such information would violate the law or create a risk of significant

harm to the public, or unless the Contractor has been required to release such information by final

judgment or order of a court of competent jurisdiction, or unless the District has expressly waived such

confidentiality in advance in writing.

f. The Contractor shall not represent or purport to represent that it speaks for the District vis-à-vis the

media or the public at-large without the District’s express, written consent in advance.

g. Prior to commencing performance under this Contract, the Contractor shall furnish the District, in

writing, the names, addresses and telephone numbers of not fewer than two (2) principal employees of

his business who are to be contacted in the event of an after-hours emergency.

h. By entering into this Contract, the Contractor certifies under penalties of perjury that its Proposal was

made and submitted in good faith and without collusion or fraud with any person. As used in this

certification, the word “person” shall mean any natural person, business, partnership, corporation,

union, committee, club, or other organization, entity, or group of individuals.

i. By entering into this Contract, the Contractor certifies under the penalties of perjury, pursuant to

M.G.L. c.62C, Section 49A(b), that it has complied with all laws of the Commonwealth relating to taxes,

to reporting of employees and contractors, and to withholding and remitting child support.



j. The Contractor understands that the Massachusetts Conflict of Interest Law, Chapter 268A of the

Massachusetts General Laws, applies to the Contractor with respect to the services/goods required to

be provided under this Contract. The Contractor and its officers, employees, agents, subcontractors and

affiliated agencies shall not participate in any activity which constitutes a violation of the Massachusetts

Conflict of Interest Law or which creates an appearance of a violation of the Massachusetts Conflict of

Interest Law.

k. Prevailing wage rates, as contained in the Proposal documents, shall be paid, pursuant to M.G.L.

c.149, §§26-27G, if they are applicable.

l. The Contractor shall not discriminate against or exclude any person from participation herein on

grounds of race, color, religious creed, national origin, sex, gender identity, sexual orientation (which

shall not include persons whose sexual orientation involves minor children as the sex object), age,

genetic information, ancestry, children, marital status, veteran status or membership in the armed

services, the receiving of public assistance, and handicap. The previous sentence shall include, but not

be limited to, the following: advertising, recruitment; hiring; rates of pay or other forms of

compensation; terms; conditions or privileges of employment; employment upgrading; transfer;

demotion; layoff; and termination. The Contractor shall take affirmative actions to insure that applicants

are employed, and that employees are treated during their employment, without regard to race, color,

religious creed, national origin, sex, gender identity, sexual orientation (which shall not include persons

whose sexual orientation involves minor children as the sex object), age, genetic information, ancestry,

children, marital status, veteran status or membership in the armed services, the receiving of public

assistance, and handicap.

m. To the extent that any of the foregoing sections required by Massachusetts law are inconsistent with

other, non-statutory sections in this Contract, any statutorily-mandated provisions contained herein

shall control.

n. The Contractor shall not assign or subcontract in whole or in part this Contract or in any way transfer

any interest in this Contract without the prior express written approval of the District.

o. The Contractor shall not assign any money due or to become due to the Contractor unless the District

shall have received prior written notice of such assignment. No such assignment shall relieve the

Contractor of its obligations under this Contract.

p. This Contract may be amended only by written consent of the parties.

q. This Contract constitutes the entire agreement of the parties and any other agreement, written or

oral, that may exist is excluded from this Contract. When executed, this Contract supersedes any prior

agreement between the parties in connection with the transaction contemplated.

r. If any provision, or portion thereof, of this Contract shall be adjudged to be invalid or unenforceable

by final judgment or order of a court of competent jurisdiction the remaining provisions shall continue in

effect to the extent permitted by law.



s. The provisions of this Contract shall be binding upon and shall inure to the benefit of the heirs, assigns

and successors in interest of the parties.

t. This Contract shall be governed by and construed in accordance with the laws of the Commonwealth

of Massachusetts, regardless of choice of law issues or principles.

u. This Contract is executed in triplicate as a sealed instrument.

The Groton-Dunstable

Regional School District ______________________________

by: the Groton-Dunstable Regional Printed Name of Contractor

School Committee by: by:

Signature

______________________________ ________________________________

Printed Name

_______________________________ ______________________________

Printed Title

_______________________________ _______________________________

_______________________________ Dated: ________________________

_______________________________

_______________________________

_______________________________

Dated: _________________________

APPROVED AS TO AVAILABILITY OF APPROPRIATION:

In accordance with the requirements of M.G.L. Chapter 44, Section 31, this is to certify that an

appropriation in the amount of this Contract is available therefor.

__________________________________ Dated: ____________

Accounting Official



APPROVED AS TO FORM ONLY, AND NOT AS TO SUBSTANCE:

__________________________________ Dated: ____________

District Counsel


CERTIFICATE OF VOTE

I, ______________________________________________ , hereby certify

(Clerk/Secretary)

that I am the duly qualified and acting

________________________________________of____________________________________

(Title) (Corporation Name)

and I further certify that at a meeting of the Directors of said Corporation duly called and held on 20 , at

which meeting all Directors were present and voting, the following vote was unanimously passed:

VOTED: To authorize and empower either

, ____________________;

(Name) (Title)

, ____________________; or

(Name) (Title)

, ____________________

(Name) (Title), any one acting singly, to execute all contracts and bonds on behalf of the Corporation.

I, further certify that the above vote is still in effect on this the day of , 20 and has not been changed or

modified in any respect.

________________________________________

Signature

Printed Name

Printed Title

The certification contained here above shall be executed by CONTRACTOR or copy of current

"certification of authority to sign for the Corporation" shall be attached.)