179-2627-739-DDWP_FIRE_MARSH - Bid Advertisement.pdf

Durham Public Schools – RFP# 179-2627-739-DDWP_FIRE_MARSH

Bidder: ______________________________________________________

Durham Public Schools

RFP# 179-2627-739-DDWP_FIRE_MARSH

Attn: Amy Morris 511 Cleveland Street Durham, NC 27701

REQUEST FOR PROPOSALS NO:

RFP# 179-2627-739-DDWP_FIRE_MARSH

Proposals Due: August 20, 2026 1:00pm

Direct all inquiries concerning this RFP to:

Attn: Amy Morris

All questions must be submitted via email no later than July 29, 2026 at 2pm

Contract Type: Open Market, Purchase using various funds; when using Federal Funds Durham Public Schools will follow all Federal guidelines.

Email: Dist.Purchasing@dpsnc.net

Using Agency Name:

Bids will be publicly opened on: August 20, 2026 3:00 pm

NOTE: Questions concerning the specifications in this Request for Proposals will be received until date and time listed above. ALL QUESTIONS MUST BE SUMITTED IN WRITING, EITHER BY EMAIL or TO THE ADDRESS LISTED ABOVE. NO QUESTIONS will be received by telephone. Questions received after the date and time listed above will not be considered.

A summary of all questions and answers will be posted on the Interactive Purchasing System as an addendum, located under the RFP # being modified. It is the OFFEROR’S responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

NOTICE TO BIDDERS

Sealed proposals subject to the conditions made a part hereof, will be received until 1:00pm on August 20, 2026 for furnishing and delivering the commodities/services described herein and then publicly opened.

Bids submitted via telegraph, facsimile (FAX) machine, telephone and electronic means, including but not limited to e-mail, in response to this Request for Proposals will not be acceptable. Bids are subject to rejection unless submitted on this form.

Please submit three (3) copies and one (1) electronic copy of your proposal. One copy must be marked original.

FOR DURHAM PUBLIC SCHOOLS USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 20____, as indicated on the attached certification, by

EXECUTION

In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED.

Late proposals cannot be accepted.

VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FEDERAL ID NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

Offer valid for at least 120 days from date of proposal opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If any or all parts of this proposal are accepted by Durham Public Schools, an authorized representative of Durham Public Schools shall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s).

1.0 REQUEST FOR PROPOSAL DOCUMENT

The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

1.1 Proposal Questions

Written questions concerning this RFP will be received until July 29, 2026 at 2:00pm Eastern Standard Time. They must be sent via e-mail to: Dist.Purchasing@dpsnc.net. Please insert “Questions for bid RFP# 179-2627-739-DDWP_FIRE_MARSH as the subject for the email.

Durham Public Schools will prepare responses to all written questions submitted and post an addendum to our DPS website https://www.dpsnc.net/documents/resources/bidding-and-rfps/2025- 26%3A--bidding/16583528 oral answers are not binding on Durham Public Schools.

Questions received prior to the submission deadline date, Durham Public Schools response, and any additional terms deemed necessary by Durham Public Schools be posted in the form of an addendum to our DPS website, https://www.dpsnc.net/documents/resources/bidding-and-rfps/2025-26%3A--bidding/16583528, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Durham Public Schools personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.

Vendor contact regarding this RFP with anyone other than DPS employee listed above may be grounds for rejection of said Vendor’s offer.

Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this RFP periodically check the State website for any and all Addenda that may be issued prior to the offer opening date.

1.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance within the instructions in Section

1.1 PROPOSAL QUESTIONS. If Durham Public Schools determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. Durham Public Schools may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question-and-answer period. Other than through this process, Durham Public Schools rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by Durham Public Schools. Identification of objections or exceptions to Durham Public Schools terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected.

Contact with anyone working for or with Durham Public Schools regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor’s offer, at the State’s election.

2.0 PROPOSAL SUBMITTAL

Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein.

Mailing address for delivery of proposal & Office address for hand-delivery Durham Public Schools

RFP# 179-2627-739-DDWP_FIRE_MARSH

Purchasing Department Attn: Amy Morris 511 Cleveland Street Durham, NC 27701

IMPORTANT NOTE: All proposals shall be delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening.

The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein.

Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal.

a) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above.

If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package.

2.1 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items, and those attachments should be arranged in the following order:

a) Cover Letter

b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

c) Completed and signed version of EXECUTION PAGES, along with the body of the RFP, and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned).

d) Completed and accurate MWBE/HUB Affidavits with supporting documentation showing good faith efforts, which may include copies of email and other outreach to MWBE/HUB contractors, unless you are self-performing the work.

e) Completed Attachment C: Pricing Form.

f) Bid bond of at least 5% of bid amount are required for construction or repair projects in excess of $500,000.

2.2 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency.

b) BUYER: The employee of Durham Public Schools or Other Eligible Entity that places an order with the Vendor.

c) CONTRACT LEAD: Representative of Durham Public Schools who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to Durham Public Schools and who will administer this contract

d) E-PROCUREMENT SERVICES: The program, system, and associated services through which the State conducts electronic procurement.

e) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid.

f) LOT: A grouping of similar products within this RFP.

g) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required.

h) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor.

i) RFP: Request for Proposal

j) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law.

k) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institutions.

l) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal.

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS PROPOSAL

REVIEW AND AWARD

It is the intent of Durham Public Schools to award this RFP to the responsible bidder(s) who best matches the needs of Durham Public Schools. Durham Public Schools reserves the right to reject any and all bids. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation.

While it is the intent of Durham Public Schools to award this RFP to a single Vendor, Durham Public Schools reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items, or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to Durham Public Schools to do so.

The status of a Vendor’s E-Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an E- Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State’s discretion, be disqualified from further evaluation or consideration.

Durham Public Schools reserves the right to waive any minor informality or technicality in proposals received.

3.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor’s office), or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor’s proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision.

3.2 PROPOSAL EVALUATION PROCESS

Durham Public Schools shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP.

Durham Public Schools will conduct a One-Step evaluation of Proposals:

Proposals will be received from each responsive Vendor in a sealed envelope or package.

All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.

At that date and time, the package containing the proposals from each responding firm will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

Durham Public Schools reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with Durham Public Schools, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory.

Upon completion of the evaluation process, Durham Public Schools will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to Durham Public Schools.

3.3 INTERPRETATION OF TERMS AND PHRASES

This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions.

The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for Durham Public Schools to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 1.1.

4.1 PRICING

Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP.

Complete ATTACHMENT C: PRICING FORM and include in Proposal.

4.2 INVOICES

a) Invoices must be submitted to the Accounts Payable Office on the Vendor(s) official letterhead/stationery.

b) Invoices must bear the correct contract number/purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.

c) Invoices must include an accurate description of the work/items for which the invoice is being submitted, the invoice date, the period of time covered when applicable, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager.

4.3 PAYMENT TERMS

a) The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal.

b) The Vendor will be paid net thirty (30) calendar days after the Vendor’s invoice is approved by

Durham Public Schools.

4.4 FINANCIAL STABILITY

Each Vendor shall certify it is financially stable by completing the ATTACHMENT D: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify Durham Public Schools within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification.

4.5 VENDOR EXPERIENCE

When applicable in its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

4.6 REFERENCES

Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein. Durham Public Schools may contact these users to determine the services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal.

COMPANY NAME CONTACT NAME TELEPHONE NUMBER

4.7 BACKGROUND CHECKS

Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background the details below must be provided to Durham Public Schools:

a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of Vendor, its officers or directors, or any of its employees or other personnel to provide services on this project, of which Vendor has knowledge or a statement that it is aware of none;

b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is aware of none;

c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings;

d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none.

e) Any civil litigation, arbitration, proceedings, or judgments pending against Vendor during the three

(3) years preceding submission of its proposal herein or a statement that there are none.

Vendor’s responses to these requests shall be considered to be continuing representations and Vendor’s failure to notify Durham Public Schools within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform services under this contract.

Any personnel or agent of the Vendor performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by Durham Public Schools.

4.8 PERSONNEL

Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. Durham Public Schools will approve or disapprove the requested substitution in a timely manner. Durham Public Schools may, in its sole discretion, terminate the services of any person providing services under this Contract.

Upon such termination, Durham Public Schools may request acceptable substitute personnel or terminate the contract services provided by such personnel.

4.9 VENDOR’S REPRESENTATIONS

a) Vendor warrants that qualified personnel shall provide services under this Contract in a professional manner. “Professional manner” means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of Durham Public Schools under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by Durham Public Schools. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables.

c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

5.0 SCOPE OF WORK/ACCEPTANCE OF WORK

In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, Durham Public Schools shall have the obligation to notify Vendor, in writing ten

(10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by Durham Public Schools shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, Durham Public Schools may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina.

5.1 LIQUIDATED DAMAGES

The parties agree that calculation of actual damages resulting from failure to meet the following performance standards is extremely difficult, if not impossible, to calculate accurately, and the parties also agree that the compensation identified for such failures is a reasonable estimate of damages resulting from a failure to meet the performance standard described. Therefore, the parties agree that the Vendor shall be subject to amounts due as liquidated damages but not as a penalty, for each such failure, as follows:

Notwithstanding any other provision herein, liquidated damages shall not be subject to a limitation on damages or limit of liability for damages that otherwise may be applicable to recoverable damages.

5.2 DISPUTE RESOLUTION

The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to Durham Public Schools’ Contract Lead for resolution. A claim by Durham Public Schools shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute.

5.3 CONTRACT CHANGES

Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by Durham Public Schools and Vendor.

Fire Door, Fire/Smoke Damper, Firestop/Penetration Inspection, Survey, Inventory, Reporting, and ROM Remediation Costs

6.0. SCOPE OF WORK

Introduction

Durham Public Schools (DPS) is seeking a qualified contractor to establish a comprehensive life-safety compliance baseline for non-sprinklered elementary schools through the inspection, inventory, documentation, reporting, and limited repair of fire-rated life safety systems. The project includes 20 facilities, divided into two increments (Increment 1/Increment 2) of 10 schools each, and includes fire-rated doors, smoke-rated doors, fire and smoke dampers, firestop systems, penetration seals, and other fire-resistance-rated barrier assemblies. It is intended that the scope for both Increment 1 and Increment 2 run concurrently to maximize the district’s response to safety related repairs.

The selected contractor will perform detailed field inspections to identify and inventory all applicable assets, assess compliance with applicable NFPA standards and building codes, document deficiencies with photographs, assign asset identifiers, and provide comprehensive reporting. Minor repairs that can be completed during the inspection process shall be performed to improve compliance and functionality.

Deficiencies requiring more extensive corrective action will be identified, prioritized, and documented for future remediation.

In addition to inspections, the contractor shall develop Rough Order of Magnitude (ROM) repair cost estimates to support DPS maintenance planning, capital improvement budgeting, and long-term compliance efforts. All identified deficiencies will be classified as High, Medium, or Low Priority based on life-safety impact, code compliance risk, and urgency of corrective action. Major repair recommendations shall include supporting documentation, photographs, corrective action recommendations, and budgetary cost estimates.

Upon completion of the work, the contractor shall provide facility-level reports for each school, a district-wide program summary, and sortable electronic asset inventories in PDF and Excel formats. All inspection data, deficiencies, repair documentation, photographs, and associated records must also be uploaded to the DPS Fire Marshal's LiveSafe platform.

The overall objective of this project is to provide DPS with a complete and accurate inventory of life-safety assets, improve compliance through completion of minor repairs, identify and prioritize major deficiencies, and create a data-driven framework for future maintenance, capital planning, and regulatory compliance initiatives.

Project Intent

The intent of this project is to establish a comprehensive life-safety compliance baseline for selected DPS facilities through inspection, inventory, deficiency identification, reporting, and completion of appropriate minor repairs related to fire-rated doors, fire/smoke dampers, and fire-rated penetrations and barrier assemblies.

The completed project shall provide Durham Public Schools with:

A complete inventory of inspected assets

Documentation of compliance and non-compliance conditions

Correction of appropriate minor deficiencies during the inspection process

Identification and prioritization of major deficiencies requiring future corrective action

Budgetary information and cost data to support future maintenance planning, capital planning, and compliance efforts

Schools Included in this Project

The Contractor shall perform inspections, surveys, reporting, and minor repairs at the following non-sprinklered elementary schools. (See next page for school list.)

Increment 1

School Schedule Fire Doors (FD) Dampers (DMP) Square Feet (SF)

Club Boulevard Elementary Traditional 43 24 45,099

Easley Elementary Year-Round 14 80 74,626

E.K. Powe Elementary Traditional 105 N/A 99,384

George Watts Elementary Traditional 86 11 65,481

Hillandale Elementary Traditional 76 99 85,890

Burton Elementary Traditional 19 15 71,630

C.C. Spaulding Elementary Traditional 72 41 68,486

Eastway Elementary Year-Round 67 8 80,592

Forest View Elementary Traditional 86 87 95,490

Hope Valley Elementary Year-Round 66 36 83,260

* Fire Door and Damper quantities are estimates and shall be verified and updated by the Contractor during performance of the work. Schedules for standard and year-round schools provided in exhibit A.

Increment 2

School Schedule Fire Doors (FD) Dampers (DMP) Square Feet (SF)

Holt Elementary Year-Round 43 24 N/A

Little River Elementary Year-Round 78 25 83,620

Mangum Elementary Traditional 38 11 54,838

Merrick Moore Elementary Traditional 58 11 65,481

Lakewood Elementary Traditional 76 87 106,531

Morehead Elementary Traditional 42 49 40,861

Oak Grove Elementary Year-Round 84 40 96,061

Southwest Elementary Traditional 7 109 93,762

Y.E. Smith Elementary Traditional 38 28 46,311

Whitted School Traditional 10 N/A N/A

* Fire Door and Damper quantities are estimates and shall be verified and updated by the Contractor during performance of the work. Schedules for standard and year-round schools provided in exhibit A.

6.1 Scope of Services

A. Survey and Inspections

The Contractor shall provide all labor, supervision, equipment, materials, documentation, and reporting necessary to perform a comprehensive inspection and survey of:

1. Fire-rated doors

2. Smoke-rated doors

3. Fire dampers

4. Smoke dampers

5. Combination fire/smoke dampers

6. Firestop systems and penetration seals

7. Fire-resistance-rated wall and ceiling penetrations

8. Other associated life-safety barrier assemblies encountered during the inspection process

The Contractor shall:

1. Identify and inventory applicable assets

2. Inspect and evaluate assets for code compliance and operational readiness

3. Document deficiencies and non-compliant conditions

4. Photo documentation

5. Assign unique asset identifiers

6. Provide recommendations for major repairs

7. Develop facility-level and program-level summary reports

Contractor Inspection Requirements

For all work completed, the Vendor shall adhere to all requirements outlined by NFPA, local and State Building Codes, and any authority having jurisdiction requirements for testing, inspection, maintenance, and repair, which include, but are not limited to, the following:

B. Rough Order of Magnitude (ROM) Repair Cost Estimates

As part of the proposal, the Contractor shall provide Rough Order of Magnitude (ROM) repair cost estimates based on the historical inspection reports provided by Durham Public Schools (2022 and 2023 inspections for fire-rated doors, fire/smoke dampers).

The purpose of these estimates is to assist Durham Public Schools with future maintenance planning, capital improvement budgeting, and prioritization of corrective work.

The Contractor acknowledges and understands that:

The historical inspection reports were prepared by previous inspection firms and may not reflect current field conditions.

Conditions observed during the Contractor's inspections performed under this Contract will likely differ from the historical reports due to completed repairs, facility modifications, deterioration, changes in occupancy, differing inspection methodologies, and professional judgment.

The ROM pricing submitted with the proposal shall be considered budgetary estimates only and shall not constitute a commitment to perform repairs at the proposed pricing.

Upon completion of the inspections, Durham Public Schools will request updated ROM repair estimates based on the Contractor's actual inspection findings.

C. Deficiency Priority Classification

The Contractor shall assign a priority level to every identified deficiency for fire-rated doors, fire/smoke dampers, and fire-rated penetrations. Priority classifications shall be based on the severity of the deficiency, its impact on life safety and code compliance, and the urgency of corrective action.

High Priority (Critical)

Deficiencies that significantly impair or eliminate the intended fire- or smoke-resistance performance of the assembly or create a substantial life-safety concern.

Examples include, but are not limited to:

Fire-rated doors that cannot positively latch or self-close

Missing or damaged fire door components required for code compliance

Damaged or inoperable fire/smoke dampers that fail operational testing

Dampers obstructed or prevented from closing

Missing fire/smoke dampers where required

Unsealed or improperly sealed penetrations that compromise a fire-rated wall, floor, or smoke barrier

Large openings or damaged fire-resistance-rated assemblies

Deficiencies that would likely result in failure of the rated assembly during a fire event

Conditions representing significant non-compliance with applicable NFPA standards or the adopted building and fire codes

Medium Priority (Important)

Deficiencies that reduce the effectiveness or reliability of the fire-rated assembly but do not completely compromise its intended life-safety function.

Examples include:

Fire door hardware requiring adjustment or replacement

Damaged gasketing or edge seals

Minor frame or leaf damage not affecting structural integrity

Dampers requiring cleaning, lubrication, or minor mechanical adjustment

Missing identification labels where performance can otherwise be verified

Firestop systems requiring localized repair or replacement

Moderate deterioration that could worsen if not addressed

Low Priority (Routine Maintenance)

Minor deficiencies that have little or no immediate impact on the fire-resistance performance of the assembly should be corrected to maintain long-term compliance.

Examples include:

Minor cosmetic damage

Missing documentation or labeling

Housekeeping items affecting accessibility for future inspections

Minor preventative maintenance recommendations

Conditions suitable for correction during routine maintenance activities

Contractor Deliverable

The Contractor shall assign a priority level to each identified deficiency and provide sufficient documentation to support the recommended classification. Documentation shall include:

Deficiency description

Applicable code or NFPA reference (when applicable)

Building and room location

Photographs

Recommended corrective action

Estimated ROM repair cost

DPS reserves the right to review and modify the assigned priority classifications as part of its maintenance and capital planning process.

D. Minor and Major Repairs

The Contractor shall evaluate each deficiency and determine whether corrective action constitutes a minor repair or major repair.

Historical Minor Repair Targeting

Fire Doors

Contractor shall use documents provided in Exhibit B to determine the value of minor repairs that can be completed to fire door assemblies during inspection and survey. See section 4.2 regarding targeted minor repairs.

o Note that no minor repairs should be completed to any one asset if a major repair will supersede the repairs made.

Dampers

Contractor shall use documents provided in Exhibit B to determine the value of minor repairs that can be completed to damper assemblies during inspection and survey. See section 4.2 regarding targeted minor repairs.

o Note that no minor repairs should be completed to any one asset if a major repair will supersede the repairs made.

Project Repair Classifications – Major and Minor

Fire Doors

Minor Repairs Adjustments, hardware replacements, and code-compliance corrections that can be completed without replacing the door or frame. Examples include door and hardware adjustments, hinge and closer repairs/replacements, gasket and sweep replacement, fastener installation, latch adjustments, gap corrections, relabeling, and other minor compliance-related repairs.

Major Repairs

Requires replacement of primary fire-rated components or significant modifications to the opening. Examples include door or frame replacement, fire-rated glazing replacement, complete hardware replacement, rolling fire door replacement, opening reconstruction, specialty fabrication, structural modifications, field labeling, or conditions requiring engineering review.

Dampers

Minor Repairs Routine maintenance and adjustments that restore proper damper operation without replacing the damper assembly. Examples include cleaning, debris removal, fusible link replacement, linkage adjustments, damper resets, fastener or label replacement, tagging, actuator adjustments, and minor access panel hardware repairs.

Major Repairs

Replacement of damper assemblies or significant modifications to associated building systems.

Examples include actuator replacement, fire/smoke/combination damper replacement, new access door installation, ductwork modifications, sleeve replacement, electrical or fire alarm interface modifications, structural alterations, and damper relocation.

General Note for Fire Doors and Dampers

Minor repairs should be excluded when a major repair is required for the same asset, as the major repair will supersede and incorporate any associated minor corrective work.

Examples include replacing hardware on a door requiring replacement, replacing seals on a frame requiring replacement, or performing repairs to components that will be removed as part of a larger corrective action.

E. Deliverables and Reporting Requirements

Upon completion of all inspections, surveys, and testing, the Contractor shall provide a comprehensive final report for each school and an overall program summary within 30 days of completion.

The final report shall include:

Asset inventory of all inspected fire doors, dampers, firestops, penetrations, and associated life-safety assemblies.

Inspection and survey results for each asset.

Deficiencies identified, including applicable code references and supporting photographs.

Minor repairs completed during the inspection process.

Assets requiring major repair or replacement.

Recommended corrective actions and priority rankings.

Budgetary pricing and repair recommendations for all major repairs identified.

All major repair conditions shall be documented in the final report and shall include:

Asset identification and location.

Description of deficiency.

Recommended corrective action.

Supporting photographs.

Estimated repair cost or budgetary cost range.

Priority ranking.

In addition to the final report, the Contractor shall submit a proposal for all identified major repairs, organized by school and asset type, to assist DPS with future procurement, budgeting, and capital planning efforts.

Required File Formats

All deliverables shall be provided in:

Searchable PDF format.

Microsoft Excel format.

Excel files shall contain sortable and filterable asset inventories, deficiencies, completed minor repairs, recommended major repairs, priority rankings, and associated cost information.

All inspection reports, databases, photographs, spreadsheets, electronic records, asset inventories, and associated work products developed under this Contract shall become the property of Durham Public Schools.

Please use a consistent file naming conventions like the following: School-Room-AssetID-Date.jpg

LiveSafe Requirements

The Contractor shall upload all inspection records, inventories, deficiencies, repair documentation, photographs, and supporting information to the Fire Marshal's LiveSafe platform.

The Contractor shall include all costs associated with LiveSafe coordination, data preparation, data entry, uploads, software licensing, and administrative requirements within its proposal. No additional compensation shall be provided by DPS for LiveSafe-related services.

The Contractor shall be responsible for ensuring all required documentation is submitted in a format acceptable to the Fire Marshal and fully uploaded to the LiveSafe platform upon project completion.

Vendor shall acknowledge that they have reviewed the LiveSafe requirements and have included all associated costs in their proposal.

F. Proposal Schedule

EVENT RESPONSIBILITY DATE & TIME

Issue RFP DPS July 15, 2026

Submit Written Questions Vendor July 29, 2026 – 2:00 p.m.

Provide Response to Questions DPS August 5, 2026 Proposals Due Vendor August 20, 2026 – 1:00 p.m.

Bid Opening DPS August 20, 2026 – 3:00 p.m.

Vendor Interviews (If Required) DPS August 25, 2026

G. Proposal Requirements:

1. Cover Letter

2. Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

3. Vendor Qualifications: Provide years in business, organizational structure, and key personnel to be assigned to project. Include team members’ experience with similar projects. The Contractor shall demonstrate:

Experience performing fire door inspections in accordance with NFPA 80.

Experience performing fire/smoke damper inspections in accordance with NFPA 80 and NFPA 105.

Experience inspecting firestop systems.

Experience working in occupied K-12 educational facilities.

Availability of certified personnel for the duration of the project.

Ability to provide all required reports and electronic deliverables

4. Relevant Experience: Provide at least 3 comparable projects, including district/client name, project description, size and scope, and contact information.

5. Project Approach & Timeline: Provide a detailed project approach, timeline and delivery schedule.

Timeline and schedule to address work hours that minimize significant disruption to regularly scheduled school hours.