Detroit, MI – Wayne Elementary School Roof Replacement Areas A-P

10633 Courville Street Detroit, MI 48224

March 30, 2026

Project Manual

000010-1

Wayne Elementary School Date: 03/30/2026 TABLE OF CONTENTS Roof Replacement Detroit, MI Project No. 65452

SECTION 000010

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

Document 000001 Project Title Sheet Document 000010 Table of Contents Document 004113 Proposal Form Document 005213 Agreement Form (Sample) Document 006519 Affidavit and Waiver of Lien Document 006536 Contractor Two-Year Guarantee (Example)

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 011000 Summary of Work Section 011104 Contract Documents Section 011400 General Requirements Section 013200 Construction Progress Documentation Section 013300 Submittal Procedures Submittal Procedures – Attachment A – Schedule of Submittals And Checklist Submittal Procedures – Attachment B – Example Manufacturer’s Letter Submittal Procedures – Attachment C – Schedule of Values Section 013543 Environmental Procedures Section 014000 Quality Requirements Section 015000 Temporary Facilities and Controls

Section 016000 Product Requirements Section 017300 Execution Section 017419 Construction Waste Management and Disposal Appendix A – Summary of Solid Waste Disposal and Diversion Appendix B – Resource Conservation and recovery Act – Project Summary Section 017704 Closeout Procedures and Training

DIVISION 2 – EXISTING CONDITIONS

Section 022623 Asbestos Laboratory Analysis Report Attachment A – Laboratory Report Section 024100 Roof Removal and Substrate Preparation

DIVISION 3 - CONCRETE

Section 030150 Concrete Roof Deck Repair

000010-2

Wayne Elementary School Date: 03/30/2026 TABLE OF CONTENTS Roof Replacement

DIVISION 6 – WOOD, PLASTICS AND COMPOSITES

Section 061053 Miscellaneous Rough Carpentry for Roof Replacement

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

Section 072215 Underlayment for Roof Replacement Section 072221 Roof Insulation and Cover Board over Underlayment Section 075323 Fully-Adhered EPDM Roofing Attachment A – Contractor Watertight Integrity Acknowledgement Letter Section 076205 Sheet Metal for EPDM Roofing Section 079201 Sealants

END OF SECTION

DETROIT PUBLIC SCHOOLS COMMUNITY DISTRICT

FMP 6 PROGRAM

REQUEST FOR PROPOSAL (RFP) – ROOFING CONTRACTOR

ATTACHMENT I – BID PROPOSAL FORM

Month, Day, 2026

004113-1

Wayne Elementary School Date: 03/30/2026 PROPOSAL FORM Roof Replacement

DOCUMENT 004113

PROPOSAL FORM

(Name of Roofing Contractor Company) proposes to provide Construction

Services to Detroit Public Schools Community District (the “Owner”) for the FMP 5 Program (the “Project”) as follows:

ACKNOWLEDGMENT OF ADDENDA TO RFP

The Contractor acknowledges receipt of the following addenda:

Addendum Number ____ _____dated___ ______

Addendum Number ____ _____dated___ ______

Detroit Public Schools Community District – FMP 6 Program

The Project will include demolition and replacement of entire existing roof for Wayne Elementary School (approx. 25,571

SF).

1. For Scope of Services as described and required in the Request for Proposal as modified:

Project Series #6

A. For Construction Services:

a. Total fixed fee for Construction Services Project: $ .

DPSCD reserves the right to award the contract to one or multiple vendors.

Unit Prices - The following unit prices include all labor, tax, delivery, material cost, etc. as required, to remove and replace the existing component as listed.

1x4 wood blocking $ /LFT 1x6 wood blocking $ /LFT 1x8 wood blocking $ /LFT 2x4 wood blocking $ /LFT 2x6 wood blocking $ /LFT 2x8 wood blocking $ /LFT

REQUEST FOR PROPOSAL (RFP) – ROOFING CONTRACTOR

004113-2

Roof Replacement

2x10 wood blocking $ /LFT 2x12 wood blocking $ /LFT 1/2" wood sheathing $ /SFT 3/4" wood sheathing $ /SFT 4x4 wood blocking $ /LFT

Decking:

16 ga metal plating $ SFT 18 ga metal plating $ SFT

Concrete repairs $ SFT Wood planking replacement $ SFT 1/2' plywood deck replacement $ SFT Refasten wood decking $ SFT Refasten steel decking $ SFT Wire brush, prime steel deck $ SFT

Drains:

Retrofit drain insert $ EA Drain cover $ EA Roof drain replacement (with connection) $ EA

Miscellaneous:

Strut-type prefabricated pipe support $ EA Remove/replace 1" x 48" x 48" $ SFT Remove/replace 1.5" x 48" 48" $ SFT Remove/replace 2" x 48" x 48" $ SFT 30" EPDM Heavy Duty walkway pad $ EA

REQUEST FOR PROPOSAL (RFP) – ROOFING CONTRACTOR

004113-3

Roof Replacement

Voluntary alternate(s)

1.

2.

2. Additional Services:

In the event the Owner materially changes the Program or scope of work, provide billable hourly rates for additional services, which may be requested by DPSCD. Rates to include any mark-up for overhead and fee.

5. Submitted proposals may not be withdrawn and shall be irrevocable for a minimum period as defined in this RFP.

7. If selected as Contractor, I agree to the contractual terms as provided in the RFP.

8. Acknowledgements

A. The Contractor agent has reviewed and understands the information and data provided in the request for proposal? Yes No____

B. The Contractor confirms that compensation requests noted within the proposal will be adequate for the execution of all phases of professional services required by this request for proposal. Yes

No_____

REQUEST FOR PROPOSAL (RFP) – ROOFING CONTRACTOR

004113-4

Roof Replacement

I have read and I understand the responsibilities required of the Firm under the terms of this Request for Proposal and the proposed Agreement. If selected, our Firm will be able to fulfill the requirements.

SIGNATURE

Dated this day of , 2026.

Company Name:

By:

Signature

Position/Title:

, being duly sworn, deposes and says that the information provided herein is complete so as not to be misleading.

Subscribed and sworn before me this day of , 2026.

Notary Public:

My Commission Expires:

005213-1

Roof Replacement

SECTION 005213

AGREEMENT FORM (SAMPLE)

Contract number: 00XXXX RFG

CONTRACTOR AGREEMENT

Between

Contractor Name Contractor Address

City, State, Zip Code Telephone: (xxx) xxx-xxxx Facsimile Number: (xxx) xxx-xxxx

(Contractor)

And

Testing Engineers & Consultants 1343 Rochester Road

Troy, MI 48083

THIS AGREEMENT (“Agreement”) is dated this 8th day of April, 2014 by and between TEC and Contractor Name (Contractor”), and provides:

1. Scope of Work; Contract Documents. Contractor shall furnish all labor, materials, equipment, tools, supplies and all other things necessary to complete diligently and timely the work identified in the attached Exhibit B (“Work”) for Detroit Public Schools (Owner), City, State – Job Name (“Project”). The Work is a portion of the work that TEC has agreed to perform under its contract (“General Contract”) dated Work Order date with Detroit Public Schools (“Owner"). Contractor shall perform the Work in strict accordance with the Contract Documents identified in the attached Exhibit B, which include, in addition to this Agreement, all agreements, plans, specifications, special and general conditions, addenda, bulletins and all modifications that are identified herein or are a part of the General Contract, all of which are incorporated in this Agreement by reference as if fully set forth herein. Contractor acknowledges that TEC has made the Contract Documents available for its inspection, and that Contractor has read those portions affecting its Work and Contractor has made such site inspections as required to perform the Work. Contractor agrees to be bound to TEC by all terms of the Contract Documents that can apply to the Work, and hereby assumes toward TEC all the duties that TEC has to Owner under the Contract Documents. TEC shall have the same rights and privileges against Contractor as Owner has against TEC under the General Contract. This Agreement, the General Contract and all other parts of the Contract Documents are intended to supplement and complement each other, and shall be interpreted in that way whenever possible. If any provision of this Agreement irreconcilably conflicts with a provision of the General Contract or other Contract Documents, however, or if any of them conflict with one another, the provision imposing the greater duty or obligation on Contractor shall control.

2. Performance Dates; Scheduling. Time is of the essence of this Agreement. TEC shall have the right to decide the time, priority and sequence in which Contractor shall perform and complete the various portions of the Work, and all other matters concerning the timely and orderly conduct of the Work.

Contractor agrees to start when notified by TEC, to coordinate with others on the Project, and to perform

005213-2 the Work at the times and in the sequence that TEC directs. Contractor also agrees to perform the Work according to the project schedule and any revisions to it, so as not to delay, impede, obstruct, hinder or interfere with the start, progress or completion of the whole or any part of the Work or other work on the Project. Contractor agrees to complete the Work early enough to enable TEC to complete its work by the General Contract completion date, and in accordance with the project schedule. Contractor agrees to provide specific scheduling information, as Contractor requires.

Any modification of the completion date or other milestone dates, to be effective, must be in writing and signed by TEC. Contractor shall participate and cooperate in the development and updating of project schedules and other efforts to achieve timely completion of the Work. It shall provide, upon request, any information necessary for including its Work in such schedules, including information concerning the duration, manloading, and sequence of its activities. It shall continuously monitor the project schedules and be fully familiar with the timing, phasing and sequencing of the Work and of other work on the Project. TEC may require conferences at the job site. Contractor's authorized representative shall attend each such conference held while Contractor's work is underway and on such other occasions, as TEC requires.

If, in TEC opinion, Contractor falls behind schedule, Contractor shall take all steps necessary to improve its progress, including, upon TEC 's written direction, providing a recovery schedule, increasing its workforce and equipment, and procuring materials from others, all without additional cost to TEC. If Contractor delays the Work or other work on the Project directly, or through its contractors, suppliers, officers, agents, servants or employees, and such delay causes additional costs, liability or damage to TEC or Owner, then Contractor agrees to reimburse TEC and Owner for and to indemnify them against the same. If Contractor delays the Work, whether or not such delay is excusable, Contractor shall, at its own cost, work such overtime (including holidays and weekends) as may be necessary to make up all time lost and to avoid delay in meeting the required milestone and completion dates. This obligation shall be in addition to all other obligations that the Agreement imposes in such circumstances. Contractor agrees that TEC has the right to early completion of the project.

TEC, at its discretion, may direct Contractor to work overtime, including weekends and holidays. TEC shall have no obligation to pay Contractor any premium time pay, or additional workmen's compensation or other insurance applied to premium pay, unless Contractor is in compliance with the Agreement at the time, and Contractor has obtained TEC advance written approval of all overtime charges. In no event shall TEC be required to pay Contractor any additional overhead or profit based on or attributable to overtime.

3. Delays. Contractor shall be entitled to an extension of time for completion of the Work if Contractor is delayed by (1) any act, omission, neglect, or default of TEC, Owner, or anyone employed by TEC, Owner, or of any other contractor or subcontractor, (2) changes ordered in the Work, (3) unusually severe weather conditions, (4) fire, earthquake, natural disaster or other casualty, (5) late delivery of the site to Contractor, (6) delay in receiving material or equipment supplied by TEC or Owner, (7) failure by TEC or Owner to furnish change authorization, (8) defects in plans and specifications, (9) unexpected soil or other physical conditions, (10) suspension of work upon order of TEC or Owner, (11) the combined action of workmen in no way chargeable to Contractor, (12) any extraordinary conditions arising out of war or governmental regulations, or (13) any other cause beyond Contractor's control and not due in any way to any fault, neglect, act or omission on its part. If the alleged delay results from actions or inaction by Owner, or involves the correlative rights or duties of Owner, Contractor agrees to give TEC notice in the manner and within the time required by the General Contract, and to accept as its sole relief the amount of any actual additions allowed TEC by Owner, less any markup allowed for TEC 's account, and any time extension actually allowed TEC by Owner. If the alleged delay does not result from action or

005213-3 inaction by Owner, or involve the correlative rights or duties of Owner, then Contractor shall receive an extension of time equal to the actual delay to critical activities caused by these delays, as determined by TEC. In that case, Contractor agrees that it waives all rights to a time extension under this Agreement, unless it presents a request for such time extension to TEC, in writing, within forty-eight (48) hours of the commencement of such claimed delay, Contractor agreeing that submission of such a request is an express condition precedent to Contractor’s right to a time extension. An extension of time, as determined by TEC, or the decision that no extension of time shall be allowed, shall be Contractor’s sole and exclusive remedy for delay. In exchange, Contractor waives any right it may otherwise have for damages due to or associated with any delay, including damages for inefficiency, disruption, acceleration, and extended overhead.

4. Measurements; Drawings. Notwithstanding the dimensions given on the plans, specifications or other Contract Documents, Contractor shall have the obligation to perform all layout for the Work and to take such measurements as may be necessary, including field measurements, to ensure the proper matching and fitting of the Work with contiguous work. At such times as designated by TEC , Contractor shall furnish to TEC drawings of a type and in a number specified by TEC , including, but not limited to, drawings relating to the method and manner of performance hereunder and interference drawings. By requesting or receiving such drawings, TEC shall not relieve Contractor of performing in accordance with the provisions of this Agreement.

5. Condition of Premises; Supervision; Miscellaneous Services. Contractor shall at its own cost (1) keep the premises free from all waste materials, packaging materials and other rubbish accumulated in connection with the execution of its Work by collecting and depositing said materials and rubbish in locations or containers designated by TEC, then removing them from the premises without charge to TEC, (2) clean and remove from its own Work and from all contiguous work of others any soiling, stains, mortar, plaster, concrete or dirt caused by Contractor, its agents and employees, in the execution of this Work, and make good all defects resulting therefrom, (3) at the completion of its Work in each area, perform such cleaning as may be required to leave the area “broom clean,” and (4) at the completion of its Work under this Agreement, remove all of its tools, equipment, scaffolds, shanties and surplus materials. If Contractor fails to perform any of the foregoing to TEC’s satisfaction, it authorizes TEC to perform and complete such Work itself or through others and to charge to Contractor the direct cost and an additional 15% for TEC ’s administrative costs.

Contractor shall act as an independent contractor, shall provide adequate supervision of the work, and shall have a competent foreman or superintendent satisfactory to TEC on the Project at all times, with full authority to act for Contractor. Contractor shall furnish all lighting, temporary heat, power, temporary offices, water, watchmen, ice water, sanitary facilities, dewatering equipment, quality control and testing, storage facilities, temporary roads and temporary parking as may be required for Contractor's Work.

Contractor shall be responsible for picking up, unloading and hoisting all of its materials, supplies, and tools, and for supplying all equipment, including scaffolding, scissor lifts and high reaches, to ensure the timely completion of the Work. Contractor shall perform all demolition, cutting, removal and replacement of existing architectural to accommodate installation of its Work. Contractor will work during the normal project working hours unless specific authorization is provided by TEC’s superintendent or required by the contract requirements

6. Compliance with Law. Contractor shall obtain and pay for all necessary permits, licenses and inspections pertaining to the Work and shall comply, at its expense, with all federal, state, municipal and local laws and other legal requirements, including equal employment opportunity provisions, ordinances, 005213-4 rules, regulations, orders, or practices, and with the requirements of the Board of Fire Underwriters, whether or not provided for by plans, specifications, general conditions or other Contract Documents, without additional charge or expense to TEC. Contractor shall also be responsible for, and correct at its expense, any violations resulting from or concerning the performance of its obligations hereunder.

Contractor shall furnish, upon demand, such proof as TEC may require at any time showing such compliance and the correction of any violations. As part of the foregoing, Contractor specifically agrees to comply with the Federal Standard on Hazard Communication, found in 29 CFR 1910.1200, and to forward to TEC copies of all Material Safety Data Sheets on all hazardous and toxic substances, as that standard requires. Contractor also agrees, at its expense, to comply with all applicable laws and governmental regulations relating to the occupational safety and health of employees, specifically including the Federal Occupational Safety and Health Act of 1970 and any rules, regulations, standards or orders issued thereunder. Contractor also certifies that it will provide a drug-free workplace for its employees during performance of the Work.

In addition to the foregoing, Contractor shall at its own expense comply with all applicable federal, state and local laws, ordinances, rules and regulations concerning equal opportunity and non-discriminatory practices, including but not limited to the Civil Rights Act (Title VII) of 1994, The Federal Equal Pay Act, the Age Discrimination in Employment Act, The Americans with Disabilities Act of 1990, and 41 CFR 60 and subparts concerning employment of minorities, females, disabled workers, and disabled and Vietnam Era Veterans. Contractor shall be familiar with TEC published policy prohibiting sexual harassment and will publish and enforce this policy at a minimum.

Contractor agrees to indemnify and hold TEC harmless from and against any and all loss, injury, claims, actions, proceedings, liability, damages, fines, penalties, costs of compliance, consequential damages or any other costs, including legal fees and disbursements, caused or occasioned directly or indirectly by Contractor’s actual or alleged violations or non-compliance with the requirements of this paragraph.

7. Price, Progress Payments. In exchange for Contractor’s satisfactory performance and completion of the Work and of all its duties under this Agreement, TEC agrees to pay Contractor $xx,xxx.00 (“Contract Price”), subject to additions and deductions, as provided in this Agreement. The Contract Price includes all applicable federal, state and local taxes, which shall be stated separately if so required by law, and Contractor accepts exclusive liability for all sales or use tax which may be assessed against materials, equipment or labor used for the Work or which may arise out of this Agreement.

Contractor shall, within 15 days of execution of this Agreement and before the first pay period, submit to TEC for its approval an itemized schedule of values of work to be performed. Four days before the last day of each month, or earlier, if TEC requests, Contractor shall submit a written requisition for payment, in a form and supported by such information as TEC may require. The monthly requisition shall show the proportionate value of Work performed to that date, based on the approved schedule of values, including any and all additional work not originally required by this Agreement, except that such additional work shall not be included unless and until TEC agrees in writing to the performance and cost thereof.

Payment shall be due for the value of Work shown on the requisition, to the extent approved by TEC and Owner, and after deducting (a) all previous payments, (b) retention equal to the greater of: (1) 10% of the value of the project through the date of the requisition; or (2) $5,000, and (c) all charges or back charges for services, material and equipment furnished by TEC to or chargeable to Contractor. Receipt of payment from the Owner is a condition precedent to payment to Contractor and payment to Contractor will only be made after TEC is paid by Owner. No payment to Contractor, either progress payments or final payment under Paragraph 8, shall operate as an approval of Contractor's Work or any part thereof.

Contractor shall promptly pay all of its subcontractors for work performed and its suppliers for materials

005213-5 supplied, shall pay all workmen each week, and shall keep the Project and the land on which it is located free and clear of all mechanic's liens that may arise by reason of the Contractor's Work. Contractor shall, at TEC’s request, furnish a sworn statement showing all parties who furnished labor or materials to Contractor, with their names and addresses and the amounts due or to become due, and furnish a copy of its certified payroll for the Project. TEC may withhold payment of any requisition until Contractor has furnished evidence that it has paid in full for all labor, materials and supplies used in the Work through the date of the requisition. This Agreement incorporates the clauses required by 31 U.S.C.A. § 3905, if the Project is subject to its provisions, and those clauses shall govern in case of any conflict with the provisions of Paragraph 7 or Paragraph 8 of this Agreement.

8. Final Payment. Final payment, consisting of the unpaid balance of the Contract Price, shall be due within thirty (30) days after the last of the following conditions precedent to payment occur: (1) completion and acceptance of the Work by TEC and Owner, (2) receipt by TEC of final payment for Contractor’s Work from Owner, (3) Contractor’s furnishing of evidence satisfactory to TEC that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, materials, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work, and (4) Contractor’s execution and delivery of a General Release, in a form satisfactory to TEC, running to and in favor of TEC and Owner. Contractor specifically agrees that TEC shall have no obligation to make final payment, unless and until TEC receives payment therefore from Owner, because TEC’s actual receipt of such payment from Owner is an express condition precedent to TEC’s obligation to pay Contractor. If TEC learns of TEC all monies that TEC and Owner pay in satisfying, discharging or defending against any such claim, obligation any claim, obligation or lien arising out of Contractor’s Work, after making final payment, Contractor shall refund to or lien or any action brought or judgment recovered thereon and all costs, including legal fees, plus 15% of the amount paid, for TEC’s administrative costs.

No payment under this Agreement, including final payment, shall be conclusive evidence that Contractor has performed the work in accordance with the Agreement, or be construed as acceptance of any defective or faulty work, equipment or materials. TEC shall have the right to withhold payment for any requisition or final payment that is then due or shall become due, if any of the following occurs: (1) any claim or lien is made or filed with or against TEC, Owner, or the Project by any person claiming that Contractor or any subcontractor or other person under it has failed to make any type of payment, (2) TEC receives evidence of nonpayment or of any claim or lien for which TEC or Owner might become liable and which may be chargeable to Contractor, (3) Contractor or any subcontractor or other person under it causes damage to the Work or to any other work on the Project, or (4) Contractor fails to perform or is in default under any term or provision of this Agreement. TEC shall have the right to withhold from payment an amount that TEC deems sufficient to (a) satisfy, discharge and/or defend against any such claim or lien, or any action which may be brought or judgment which may be recovered thereon, (b) make good any Contractor nonpayment, damage, failure or default, and (c) compensate TEC and Owner for and indemnify them against any and all losses, liability, damages, costs, including legal fees and disbursements, plus an additional 15% of the amount TEC or Owner expends in performing under (a) and

(b) hereof. TEC shall have the right to apply and charge against Contractor so much of the amount withheld as may be required for the foregoing purposes.

TEC shall not be responsible for any loss or damage to Contractor, no matter what the cause, until after final acceptance of the Work by TEC and Owner, nor shall TEC be responsible for loss or damage, however caused, to materials, tools, equipment, appliances or other personal property owned, rented or used by Contractor or anyone employed by it in the performance of the Work.

9. Extra Work and Additional Compensation. Contractor acknowledges that it has conducted

005213-6 all examinations necessary to satisfy itself as to the nature and location of the Work, the character, quantity and kinds of materials to be encountered, and the location, conditions and other matters that can affect the Work. TEC agrees to compensate Contractor for any extra Work performed by Contractor pursuant to subparagraphs 9(A) or 9(B) of this Agreement, but only where TEC agrees to and does expressly authorize such extra Work in writing, and such writing, including all daily work tickets therefore, is signed by an agent of TEC with actual authority to do so. This requirement for written approval of extra work is not subject to oral modification or waiver.

A. Changes Initiated by Owner. The Owner has the right under the General Contract to require TEC to make changes in the Work, including additions and deletions. If Owner makes such changes, TEC may require Contractor to make corresponding changes to the Work, without invalidating this Agreement, to the same extent and in such manner as Owner may require of TEC under the General Contract. Upon TEC ’s request, and in any case within such time as to enable TEC to comply with its obligations under the General Contract, Contractor shall submit a written proposal for any applicable adjustment to the Contract Price or extension of time in such detail as TEC may require. Contractor agrees to accept as full compensation or deduction for any changes initiated by Owner (1) the amount of any actual additions allowed TEC or deductions taken from TEC by Owner, less any markup allowed for TEC ’s account, and (2) any time extension actually allowed TEC by Owner. If TEC directs Contractor in writing to proceed with any Owner changes, Contractor agrees to commence and complete performance expeditiously, and despite any disagreement concerning compensation for such changed work.

B. Changes Initiated by TEC. TEC may change the Work through an authorized agent with actual authority, without invalidating this Agreement, and such changes may include additions and deletions. Contractor agrees to perform such changes. Within ten (10) days after receipt of TEC 's request, Contractor shall submit a written proposal for any adjustment to the Contract Price or extension of time due to any change. If TEC and Contractor cannot agree in writing to the adjustment or extension, TEC may direct Contractor in writing to perform the change, pending resolution of the proper adjustment or extension, and Contractor shall immediately do so.

Contractor shall be entitled to an equitable adjustment for the cost and a time extension, taking into consideration the actual and reasonable cost of necessary labor and material, plus 10 % overhead and profit. Contractor agrees that it shall not be entitled to any payment for loss of efficiency due to any changes, or to overhead or profit attributable to the premium portion of labor costs. If TEC directs Contractor in writing to proceed with any changed work, Contractor agrees to commence and complete performance expeditiously, and despite any disagreement concerning compensation for such changed work.

10. Guarantees and Warranties. Contractor hereby warrants and guarantees that all materials and equipment furnished and incorporated into the Project is new and of good quality, and that the Work is free from defects in workmanship and materials, and conforms to the plans and specifications in the Contract Documents. Contractor further warrants and guarantees the Work to the full extent provided in the plans, specifications, general conditions and other Contract Documents. At the completion of the Work, Contractor shall provide written guarantees, warranties, bonds and assurances, if any are required of TEC by Owner under the General Contract.

Without limiting the foregoing or any other liability or obligation with respect to the Work, Contractor shall, at its expense and because of its express warranty, make good any faulty, defective, or improper parts of the Work discovered within five (5) years from the date of acceptance of the Project as a whole by Owner, or within such longer period as may be provided by other Contract Documents. In addition, as to any

005213-7 defect not readily discoverable upon visible inspection, Contractor further agrees to extend its agreement to make good any faulty, defective, or improper parts of the Work for a period of five (5) years from the date that the defect becomes manifest and readily visible without dismantling or such longer period as required by the contract.

Contractor agrees to pay all damages, direct and consequential, sustained by TEC or Owner due to defects in the Work or Contractor's failure to perform in accordance with this Agreement, and all costs necessary to correct, remove, replace and/or repair the Work and any other work or property which may be damaged in correcting, removing, replacing or repairing any work.

11. Safety; Protection of Work. As an expert in the field, Contractor is solely responsible for the health and safety of its employees, agents, subcontractors and other persons under its directions on or adjacent to the Project, and TEC shall have no responsibility for such matters. Contractor agrees that it will take all necessary and prudent safety precautions during its performance under this Agreement, and will, at a minimum, comply with all safety policies, programs and measures initiated by TEC or Owner, including substance abuse testing, and with all applicable legal requirements, as provided in Paragraph 6.

Contractor shall also designate a competent safety representative who is experienced and capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees or the public, and who has authorization to take immediate corrective measures to ensure the safety of Contractor's work areas. Contractor shall submit a site-specific safety plan to TEC for review before starting work on the Project. Contractor shall report to TEC any injury to Contractor's employees or an employee of any subcontractor, within a day of its occurrence, and promptly submit OSHA Form No. 101 or equivalent and an accident investigation report. If Contractor fails to correct any unsafe procedures, acts or conditions, within twenty-four (24) hours of written notice, TEC may but shall not have the obligation to correct it and to charge the cost to Contractor, including an additional 15% for TEC ’s administrative costs.

Contractor shall take all necessary precautions to protect the work of others from any damage caused by Contractor's operations, and shall watch over, care for and protect from theft, damage, or injury, by any cause whatsoever, all of Contractor's Work, complete or otherwise, and all of its materials, supplies, tools and equipment at or near the Project. Contractor shall make good any loss or damage to any and all such Subcontractor's Work, materials, supplies, tools, and equipment until final acceptance of the entire Project by Owner.

12. Indemnity, Insurance; Bonds. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including the first $1,000 of the Contract Price, Contractor hereby assumes the entire responsibility and liability for any damage or injury of any kind to persons (including death resulting therefrom), whether employees of Contractor or otherwise, and to property, which is caused by, results from, arises out of, or occurs in connection with performance of the Work by Contractor or anyone acting through it. Contractor agrees to indemnify and hold harmless TEC and Owner, their officers, agents, servants and employees (jointly the “Indemnitees”) from and against any and all claims concerning damage or injury to persons (including death resulting therefrom) or to property, whether or not such claims are based in part on Indemnitees’ alleged active or passive negligence or participation in the wrong, or on their alleged breach of a statutory duty or obligation. Contractor further agrees to indemnify and hold Indemnitees harmless from and against liability, loss, damage, or expense, including legal fees, arising out of or related to any claim, action, or proceeding brought against Indemnitees involving the manner or sufficiency of Contractor’s performance of the Work, including Contractor’s breach of warranties or guarantees, and whether or not damage to persons or property is involved.

005213-8

Contractor also hereby agrees to assume, on behalf of Indemnitees, the defense of any claim, action, or proceeding that is brought against any of them, and to pay them upon demand of any of them the amount of any judgment that may be entered against them, individually, jointly or severally. TEC shall have the right to withhold from any payments due or to become due to Contractor an amount sufficient in its judgment to protect Indemnitees from and against any asserted or threatened claim, action, or proceeding, or TEC in its discretion may require Contractor to furnish a surety bond satisfactory to TEC guaranteeing such protection, which Contractor shall furnish within five (5) days after written demand is made.

Contractor hereby agrees to waive all claims of any kind against TEC, including claims for personal injury or property damages, arising out of or related to the use by Contractor's personnel of TEC 's materials, scaffolding equipment, machines, tools, or any other type of property (jointly "TEC 's Property"), whether such use was a gift, exchange, rental, loan, or any other type of arrangement. Contractor further agrees that its personnel using TEC 's Property shall be considered to be subject to Contractor's direction and control, and, as between them, Contractor, not TEC, shall be considered liable for such personnel's acts, failures to act, omissions, negligence, or fault. Contractor also hereby agrees to indemnify and hold TEC harmless against any liability, loss, damage, or expense arising out of or related to any claim, suit, action, or proceeding brought because of such use of TEC 's Property, whether or not it is based in part on TEC ’s alleged active or passive negligence or participation in the wrong. Contractor's indemnity obligations are in addition to the insurance obligations set forth below.

Before starting the Work, Contractor shall procure and maintain, at its own expense, until completion and final acceptance of the Work, all insurance of the types and in the amounts provided in the General Contract and the Contract Documents and as noted in Exhibit “B” (attached), from insurance companies satisfactory to TEC and Owner:

1. WORKMEN’S COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE in accordance with the laws of the State in which the Work is performed.

2. CONTRACTOR’S PUBLIC LIABILITY INSURANCE INCLUDING CONTRACTUAL

LIABILITY INSURANCE AGAINST THE LIABILITY ASSUMED HEREINABOVE, and including CONTRACTORS’ PROTECTIVE LIABILITY INSURANCE if Contractor sublets to another all or any portion of the Work, with the minimum limits as set forth in the General Contract, but if none is set forth therein, with such minimum limits as TEC shall set.

3. AUTOMOBILE LIABILITY INSURANCE, covering all owned, non-owned and hired automobiles used in connection with the Work, with the minimum limits as set forth in the General Contract, but if none is set forth therein, with such minimum limits as TEC shall set.

Each policy, except the policy for workmen's compensation, shall include an endorsement from insurance company naming TEC and Detroit Public Schools (Owner) as additional insured(s), with no right of contribution or subrogation against TEC, Detroit Public Schools (Owner), or their insurers. Before starting Work, Contractor shall furnish a certificate, satisfactory to TEC, from each insurance company showing that the above insurance is in force, stating policy numbers, dates of expiration, and limits of liability thereunder, and providing that the insurance will not be canceled or changed until at least thirty

(30) days after written notice of such cancellation or change has been mailed to and received by TEC.

005213-9

If Contractor fails to procure and maintain such insurance, TEC shall have the right to procure and maintain the said insurance for and in the name of Contractor. Contractor shall pay the cost of such insurance, and shall furnish all necessary information to make effective and maintain such insurance.

If requested, Contractor shall furnish TEC with a performance bond in the amount of the Contract Price and a separate payment bond in the amount of Contract Price. The form and contents of such bonds, and the Surety or Sureties thereon shall be subject to TEC ’s approval. No payments shall be due under this Agreement until Contractor has furnished the bonds requested by TEC.

13. Termination For Convenience. TEC has the right at any time by written notice to Contractor to terminate this Agreement without cause, for its convenience or because of Owner's termination of the General Contract and require Contractor to cease work hereunder. In that event, and only if Contractor is not then in default, TEC shall pay Contractor pursuant to the terms of this Agreement for all work properly performed as of the date of the termination, reasonable costs of demobilization, and other reasonable costs that Contractor incurs as a direct result of the termination. Contractor agrees that it shall be entitled to profit only on the portion of the Work that it actually and properly performs and that is approved for payment as of the date of termination, and waives any claim for loss of anticipated profits on Work not performed. If such termination for convenience results from a termination by Owner, Contractor agrees to comply with the terms of the Contract Documents concerning the termination, and to accept as full compensation the amount of any actual additions allowed Contractor by Owner for Contractor, less any markup allowed for Contractor's account.

14. Claims; Dispute Resolution. Contractor shall submit all claims for extra cost for whatever cause through TEC for transmittal to Owner, and shall do so within the time and in the manner set forth in the General Contract but not less than10 days after the event that gives rise to the claim. Contractor agrees that TEC shall not be liable to Contractor for an amount greater than the amount that TEC actually receives from Owner for such claim, less TEC 's normal overhead and profit. If TEC and Contractor have a dispute arising under or relating to this Agreement or its breach, which involves the correlative rights or duties of Owner, such dispute shall be decided in accordance with the General Contract. Contractor agrees that it will give TEC notice of any such dispute in the manner required by the General Contract, and within such time as to enable TEC to comply with its obligations under the General Contract.

Contractor and its surety, if any, shall be bound to TEC to the same extent that TEC is bound to Owner by the terms of the General Contract, and by any decisions or determinations made under the General Contract by any authorized person, board, court, or other tribunal. Contractor shall have a reasonable opportunity to present information and testimony involving its rights in such dispute, and shall cooperate with TEC in and bear its proportionate cost of presenting any claim. In the event Contract's claim is the sole claim being presented, then Contractor will pay for all costs associated with pursuing its claim and agrees to pay 10 % of any awarded amount to TEC. If TEC and Contractor have a dispute arising under or relating to this Agreement, but which does not involve the correlative rights and duties of Owner, and is not, therefore, controlled by the foregoing provision, then Contractor agrees to give TEC notice within ten

(10) days of when it first arises, or else Contractor waives all rights to claim additional compensation or a time extension for it. If Contractor gives TEC the required notice, then either party may seek to resolve the dispute in any court having jurisdiction over this Agreement. Contractor agrees to continue working despite any dispute, and agrees that failure to do so will act as a waiver of all of its rights under this Agreement.

15. Breach of Agreement, Failure to Perform, Remedies. Contractor shall be in default of this Agreement if it does any of the following: (1) refuses or neglects to supply sufficient skilled workmen, or materials of the proper quality and quantity, or fails in any respect to perform and prosecute the Work

005213-10 properly and with promptness and diligence; (2) fails to pay payroll in full when due; (3) fails to commence correction of faulty work within four days after receipt of written notice to proceed; (4) fails in the performance of any of the terms and provisions of this Agreement or of the other Contract Documents; (5) files a petition in bankruptcy for an arrangement or reorganization or has one filed against it; (6) becomes insolvent or is adjudicated bankrupt; (7) goes into liquidation or dissolution, either voluntarily or involuntarily, or under a court order; or (8) makes a general assignment for the benefit of creditors, or otherwise acknowledges insolvency. If Contractor is in default, TEC shall have the right, after three (3) days written notice to Contractor mailed or delivered to its last known address, to (a) perform and furnish itself or through others all or any portion of the Work, and to deduct the cost from any monies due or to become due under this Agreement, and/or (b) terminate Contractor’s employment for all or any portion of the Work. If TEC terminates Contractor’s employment, then, to complete all or any portion of the Work, it may enter upon the premises and take possession of all materials, equipment, scaffolding, tools, appliances and other items thereon, all of which Contractor hereby transfers, assigns and sets over to TEC for such purpose. In such case, TEC may also employ any person or persons to complete the Work or any portion of it, and provide all the labor, services, materials, equipment and other items required. In case of such termination of employment, Contractor shall not be entitled to receive any further payment under this Agreement until the Work is wholly completed to the satisfaction of TEC and Owner, and has been accepted by them. If such costs exceed the unpaid balance, then Contractor shall pay the difference to TEC. TEC ’s termination costs for which Contractor shall be liable shall include the cost of completing the Work, and of all other resulting losses, damages and costs, including legal fees, plus an additional 15% for TEC ’s administrative costs. TEC ’s rights under this Paragraph 15 shall be in addition to any other rights under this Agreement, other Contract Documents, or the law. If, after termination pursuant to this paragraph, it is determined for any reason that Contractor was not in default, the rights and obligations of the parties shall be the same as if the Notice of Termination had been issued for TEC 's convenience pursuant to Paragraph 13 of this Agreement.

If, because of a bankruptcy proceeding, the Contractor, a trustee, or any court is authorized to decide whether the Contractor will either reject this Agreement or affirm it and provide adequate assurances of Contractor's ability to perform, TEC may take any steps that it deems necessary to maintain the project schedule while awaiting such decision.

16. Liquidated Damages. Time is of the essence for completion of the project; the Owner will suffer financial loss if the project is not substantially completed within the time specified herein. As a condition of the acceptance of this Contract for the project, the Contractor and his sureties shall be liable for and pay TEC the amount of $1,000.00 as liquidated damages for each working day the project remains incomplete beyond the time for completion, all as set forth in the Contract Documents, unless an extension of time has been granted by the Local Detroit Public Schools Building Operations Manager and TEC Management Personnel. At the direction of the Owner, an extension of time may be granted to the contractor for good cause shown. The Owner shall be the final arbiter as to whether the contractor has shown good cause. A working day includes any day, Monday through Saturday, which is not a holiday.

Any such amount may be deducted by the Owner from any payment due or to become due to the contractor.

17. Assignment. The Contractor may not assign this Agreement to any other person, firm, or corporation without the prior written consent of Contractor. In the event of any permitted assignment (any permitted assignee or delegate referred to as “Secondary Subcontractors”), notice to Contractor shall be deemed notice to all Secondary Subcontractors and under no circumstances shall Contractor be liable to any Secondary Subcontractor or will the Work be subject to any lien for nonpayment of monies due any Secondary Subcontractor.

005213-11

18. Miscellaneous. If the General Contract requires TEC to include certain clauses in its contract agreements on the Project, then such clauses are hereby included herein as if fully set forth, and Contractor agrees to be bound by them. Contractor also agrees to insert such clauses into any subcontracts it enters with others. This Agreement constitutes the entire agreement between the TEC and Contractor. This Agreement supercedes any purchase order, contract or other agreement made before this Agreement, and covering or pertaining to the Work. TEC has made no oral representations or any other agreements, except as stated in this Agreements. The parties may not change this Agreement in any way, except as herein provided. TEC shall not be deemed to have waived any term or provision hereof, except in writing, signed by its duly authorized officer or agent. This Agreement and the Contractor are subject to Owner's approval, without which this Agreement shall be null and void. The paragraph headings in this Agreement are for convenience only, and do not limit or define the scope or intent of this Agreement or any paragraph hereof. If any provision or part of the Contract Documents are held to be void or unenforceable, the remaining provision shall continue to be valid and binding upon TEC and the Contractor, and the Contract Documents shall be reformed to replace the stricken provision with a valid and enforceable provision that comes as close as possible to expressing the intent of the stricken provision. This agreement shall be construed with the laws of the state in which the Project is located.

TEC and Contractor, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all of the terms and provisions herein contained.

The following list of attachments are included and made a part of this contract:

Exhibit A: Contractor’s Bid Form, Submitted

Exhibit B: Contract Documents, Procurement Manual Dated xxxx.

Exhibit C: Insurance Requirements

Exhibit D: Project Description Exhibit E. Payment Checklist

IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the day and year first above written.

AGENT ON BEHALF OF

OWNER

Attest: TEC company (aka TEC Construction Inc.)

___________________________ By___________________________ Contract Administrator Tammy Knipp Financial & Contract Management Director

CONTRACTOR

Contractor Name

005213-12

Attest:

___________________________ By___________________________

Secretary (Officer’s Name/Title)

006519-1

Wayne Elementary School Date: 03/30/2026 AFFIDAVIT AND WAIVER Roof Replacement OF LIEN

DOCUMENT 006519

AFFIDAVIT AND…