27-0001 RFP- FMP 6 Roof Installation.pdf

REQUEST FOR PROPOSAL (RFP)

27-0001

Facility Master Plan Series 6 Roof Replacement for Burton, Davison, Golightly, Pasteur, and Wayne

RFP Release Date: August 25, 2026

Pre-Bid Conference: August 31, 2026

See Section L1 for Additional Information

Site Walkthrough: September 1, 2026

See Section L1 for Additional Information

Written Questions Due: September 2, 2026

On or before 12p.m.

Proposals Due: September 15, 2026

On or before 12p.m.

ELECTRONIC SUBMISSIONS ONLY

(See Section L, Paragraph 2, ‘Submission Instructions’)

Detroit Public Schools Community District

3011West Grand Blvd.

Detroit, Michigan 48202

PREFACE

Background

Operations and Demographics

Detroit Public Schools Community District (DPSCD) provides a standard, traditional curriculum to a student body of approximately 50,000 students ranging from pre-kindergarten through the 12th grade. DPSCD also provides adult education at a variety of facilities during non-school hours. In addition to the standard curriculum, DPSCD offers a variety of specialized technical training programs for the higher-grade levels. The District encompasses an area of approximately 139 square miles. DPSCD operates 100 schools, including elementary (K-5), combination (K-8), middle schools, high schools, and technical center schools.

RFP Document

Suppliers need to review this document carefully. An explanation of the sections and parts are outlined below:

Section A-J (Parts I, II & III) will form the body of the contract once both parties have signed Section A. Upon award and acceptance of the proposed work, these sections become the contract with the Offeror (Vendor/Contractor) and DPSCD and may include attachments containing terms, conditions, and/or pricing specific to the product or service being rendered.

Section J (Part III) contains all attachments or additional supporting information.

Section K-M (Part IV) contains the representations and certifications all Suppliers must complete to meet the eligibility requirements (Section K). It also contains the format instructions to Suppliers for both the specific product or service and general terms and conditions for all RFPs

(Section L). Section M outlines specific information about the eligibility requirements, evaluation criteria, and general selection process.

DETROIT

PUBLIC SCHOOLS

COMMUNITY

DISTRICT

Procurement Department

Fisher Building 11th Floor

3011 West Grand Blvd.

Detroit, MI 48202

SECTION A

Contract Cover

Page &

Signatures

1.Contract No.:

2. ITB/RFP No.: 27-0001

3. Contract Title: Facility Master Plan

Series 6 Roof Replacement for Burton, Davison, Golightly, Pasteur, and Wayne

4. Contract Amount Not to Exceed:

5. Contract Term:

6. Supplier Name:

Address:

City/State/Zip:

Contact:

Telephone:

E-mail:

7. Contract Table of Contents:

Section A: Contract Cover Page & Signatures

Section B: Schedule

Section C: Scope of Work/Service

Section D: Packaging and Marking (Reserved)

Section E: Inspection and Acceptance

Section F: Deliveries or Performance

Section G: Contract Administrative Data

Section H: Special Contract Requirements (Reserved)

Section I: General Contract Clauses

Section J: List of Attachments

8. Signature of Authorized Supplier

Representative:

Signature Date Signed

Print Name: ______________________

Title: ___________________________

9. Signature of DPSCD:

Signature Date Signed

Print Name: Nikolai P. Vitti, Ed.D.

Title: Superintendent

SECTION B

SCHEDULE

Supplier shall provide necessary labor, material, equipment, transportation, and supervision for roof replacement services at the following schools.

• Burton International Academy, 2001 Martin Luther King Jr. Blvd. Detroit, MI 48208

• Davison Elementary, 2800 E. Davison St., Detroit, MI 48212

• Golightly Educational Center, 5536 St. Antoine St., Detroit, MI 48202

• Pasteur Elementary, 19811 Stoepel St., Detroit, MI 48221

• Wayne Elementary, 10633 Courville St., Detroit, MI 48224

PROJECT SCHEDULE

All work shall be completed from June 1, 2027 to August 14, 2027.

A Detailed Project schedule including start date, critical milestones, substantial completion, and final completion will be required prior to mobilization. Vendors are to bid the projects in their entirety as described in this document and attachments. As DPSCD strives to remain economically prudent, please include pricing and documentation for any alternatives and value engineering as a separate pricing quote within the bid package. Describe in detail the deviation from the specifications herein and the cost/quality comparison to the bids as stated.

PRICING

Pricing must be all-inclusive of labor, materials, supplies, travel, or any other necessary items.

Pricing should include an applicable cost breakdown.

Bids shall be submitted in total with required detail for each item bid and include all portions of the work identified for the individual bid package as specified herein. Bids shall be made on

Attachment P - Bid Proposal Form. Bidder shall fill in all blank spaces and the bid shall be signed by a legal officer or agent authorized to bind the bidder to a contract.

This Request for Bid describes a particular implementation. All Bids must provide pricing on the

“base bid” as described herein. The manufacturer listed/noted is only the Basis of Design and alternate manufacturers are acceptable. The Basis of Design materials and performance criteria must be met regardless of the manufacturer. Voluntary alternatives providing comparable functionality with significant cost reduction and/or performance enhancement may be proposed.

Voluntary alternatives are encouraged but must be identified as “Voluntary Alternates” and detailed on Attachment P - Bid Proposal Form. Voluntary Alternates may be further detailed and/or explained in attachments to the Bid Form. Exceptions to the Request for Bid specifications must be clearly noted and explained for each voluntary alternate proposed.

Please see Attachment P - Bid Proposal Form for more information.

ALLOWANCES

1. The Contractor shall include a $5,000 owner-controlled allowance to the base bid in the project scope. This allowance is reserved for discretionary use by Detroit Public Schools

Community District (DPSCD) during the project and may be applied, upon written direction, to additional work or items not included in the base contract. The Contractor shall not utilize these funds without prior approval. Any unused portion of the allowance shall be returned to DPSCD at project closeout.

2. The contractor shall include a $150,000 owner-controlled AHJ permitting allowances to the base bid amount in the project scope. This allowance is reserved for all permitting fees that the contractor is responsible for.

Bid security equal to five percent (5%) of the total bid amount, must accompany each base bid.

Bid security shall be either a Bid Bond issued by a company licensed in the State of Michigan to furnish bid security or Certified Check made payable to the Detroit Public Schools Community

District.

The selected vendor will be required to provide a performance bond and payment bond in an amount equal to one hundred percent (100%) of the bid amount including any accepted alternates at the District’s discretion. Such bonds shall be issued by surety licensed by the State of Michigan and acceptable to the District. The surety of the performance bond shall remain in effect until all acceptances and final contract close-out requirements herein have been executed by the District.

Withdrawal of any Bids after the opening time without specific approval by the District may result in forfeiture of required bid security by Bidder.

End of Section B

SECTION C

SCOPE OF SERVICE

Detroit Public Schools Community District is seeking bids for demolition and replacement of portions of the existing roof at Burton International, Davison Elementary, Golightly Education

Center, Pasteur Elementary and Wayne Elementary.

LIST OF DRAWINGS

Drawings: Drawings consist of the Contract Documents and other drawings listed below and as modified by subsequent Addenda and Contract modifications.

List of Drawings: Drawings consist of Title Sheet, Roof Scope Plan, Roof Plan, and Details for all of Burton Elementary School, Davison Elementary School, Golightly Education Center, Pasteur

Elementary School, Wayne Elementary School.

See Attachments A – J for project drawings and project manuals.

Projects under this RFP are subject to Michigan State Prevailing Wage Laws (Michigan Public

Act 10 of 2023). The contractor must pay prevailing wages and fringe benefits to all the contractors, subcontractors, and construction mechanics working on the Project in accordance with

Michigan Public Act 10 or 2023. The schedule of prevailing rates of wages and fringe benefits for all classes of construction mechanics are called for in the contract (specifications of work). A schedule of these rates shall be made a part of the specifications for the work to be performed and shall be printed on the bidding forms. Contractors are responsible for including certified payroll in their application for payment, job signage, and documentation on site. Please see Attachment Q-

Prevailing Wage Rates for additional information.

This is the link to the Wayne County Prevailing Wage Rates - LEO - Prevailing Wages By County

The District reserves the right to award contracts to separate contractors for each building. The

Contractor shall perform a Pre-Condition and Post-Condition survey of the areas immediately beneath and around the proposed work. The surveys should include narratives and photos and be submitted to the District and Owner's Representative. Notification of any potential issue(s) must be formally documented and reported to the District and the Owner's Representative.

The District shall have authority for interpretation of Contract Documents. In the event terms, provisions or any other portion of the Contract Documents is/are in dispute, the District shall have full and final authority to interpret the Contract Documents, and such interpretation shall be final and binding.

The bidder shall provide timely response to all requests from the District regarding clarification and/or elaboration concerning but not limited to its bid as may be deemed relevant by the District.

The contractor shall continuously maintain adequate protection of all Work from damage and shall protect the District’s property from injury or loss arising in connection with the execution of the

Contract. Contractor shall make good any such damage, injury, or loss, except such as may be directly caused by agents or employees of the District. The Contractor shall adequately protect adjacent property as required by law, by the Contract Documents, or as otherwise required, to cause no damage to them during the execution of the Contract. This requirement shall also apply to structures above and below ground as conditions of the site require.

The contractor shall be solely responsible for, and have control over means, methods, techniques, sequences, and procedures for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the contract. The contractor shall take all necessary precautions for the safety of employees and visitors on the site of the project and shall comply with applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed. Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and the community.

https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.michigan.gov%2Fleo%2Fbureaus-agencies%2Fber%2Fwage-and-hour%2Fprevailing-wage%2Fprevailing-wages-by-county&data=05%7C02%7Cahmed.beasley%40plantemoran.com%7C5476bfb6379542c5217708de263cf51e%7C64591f40df924ba4b17ab8f7aac94a4e%7C0%7C0%7C638990240445651868%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=oHZnWvLhQaWBCnsOEAIXLsZSQJLkFphWm8nOc6YRXXI%3D&reserved=0

Drawings, Diagrams, Schedules, and Illustrations are diagrammatic in nature and indicate general arrangement and nature of systems and work included. Floor plan drawings are provided to assist the contractor in preparing documentation and reports as required herein. Any bidder finding discrepancies between drawings, specifications, and/or bid documents, or be in doubt as to the exact meaning of any provision or detail shall notify the District at once, and before the deadline for questions and clarifications. The District may then, at their option, issue addenda clarifying same. The District is not responsible for oral instructions, or bidder’s/contractor’s misinterpretations of drawings, specifications, and/or bid documents.

All labor and materials shall be furnished and installed in strict accordance with the latest applicable codes, ordinances and regulations of any governing body having jurisdiction over this project.

In the event the quality of labor and materials required by the Drawings and Specifications herein exceeds requirements of current applicable codes, ordinances and regulations, the Drawings and

Specifications shall take precedence.

In the event the quality of labor and materials required by current applicable codes, ordinances, and regulations having jurisdiction over this project exceeds that of the Drawings and

Specifications herein, the applicable codes, ordinances, and regulations shall take precedence.

The contractor shall give all notices and comply with all codes, laws, ordinances, rules, and regulations of any authority having jurisdiction, which bears on the performance of its work. This compliance includes, but is not limited to, the Michigan School Safety Initiative (PA129, PA130, PA131 and PA138) if applicable to work being performed. The City of Detroit is the authority having jurisdiction for DPSCD. All design documents must be submitted to City of Detroit for review and approvals.

The contractor shall pay for all licenses, permits, and fees required for this project the identified authority having jurisdiction above; and shall comply with all federal, state, local and District codes, laws, ordinances, regulations, and other requirements applicable to the work specified at no additional cost to the District. Contractor shall submit copies of all approved certificates and approvals to the District upon receipt.

The successful bidder shall submit to the District a complete list of all subcontractors and all material suppliers proposed to engage in the work. Sub-contracts shall not be awarded until after they have been approved by the District.

Finalist bidders may be required to submit additional details related to sub-contractors and suppliers within forty-eight (48) hours after the bid opening.

Names of any principal sub-contractors must be listed on the Attachment P- Bid Proposal Form.

All contracts made by the successful bidder with subcontractors shall be covered by the terms and conditions herein. The successful bidder shall see to it that subcontractors are fully informed in regard to these terms and conditions and shall bind all subcontractors to the same terms and conditions. Failure to do so will absolve the District from any liability for additional cost due to subcontractor claims for additional cost, time, or any claim(s) for additional cost by subcontractor(s).

Award of contract for this project will be contingent on the bidder’s agreement to complete the work on or before the contract completion date stated herein.

All contractors will commence work in such a manner and at such a time as to expeditiously interface with the work of other contractors and will pursue the project diligently to completion.

All contractors will work in a cooperative manner with the District and other contractors. No work is able to commence without a purchase order from the District.

The contractor shall appoint an overall project manager acceptable to the District, with skills and experience deemed appropriate by the District for the scope and size of the project. The project manager shall be responsible for the scheduling of all contractor resources and attending all project meetings.

1. Project meetings shall be conducted at the District’s selected and identified location weekly and at the District’s discretion.

2. Within five (5) days of Notice to Proceed (issuance of a Purchase Order by the

District, contractor’s Project Manager shall provide to the District a critical flow path in the form of a “Gantt Chart” (or equivalent) indicating the proposed sequence of events and approximate beginning and completion dates in accordance with, compliance to, and coordinated with requirements herein.

3. Changes to the project Manager during the project shall not be acceptable without prior written approval from the District.

4. It is the responsibility of the Contractor’s project manager to schedule work, work out issues, ensure that all required products and services are delivered according to schedule and attend to any other matters required by the District in the interest of professional and timely completion of the project.

5. The appointed project manager, or a designee acceptable to the District, shall be in attendance of all project meetings throughout the term of the project. Failure to do so may be considered a material breach of contract.

6. The District reserves the right to request a new project manager, when it appears that, in the District’s sole discretion, the project manager is not fulfilling the full responsibilities of the position. Failure by contractor to provide adequate project manager meeting requirements of the District may result in contract termination.

EXSITING CONDITION INFORMATION

The following information is provided for reference only. The contractor is responsible for verification of all existing conditions relevant to completion of the work, per the performance requirements stated in the documents.

Burton International Academy:

Roof Assessment Report - Attachment K

Environmental Report – Attachment R

Davison Elementary School:

Roof Assessment Report - Attachment L

Environmental Report – Attachment S

Golightly Educational Center:

Roof Assessment Report - Attachment M

Environmental Report – Attachment T

Pasteur Elementary School:

Roof Assessment Report - Attachment N

Environmental Report – Attachment U

Wayne Elementary School:

Roof Assessment Report - Attachment O

Environmental Report – Attachment V

The contractor shall review and record all site conditions, existing roof conditions, and general building conditions prior to mobilization. If roof conditions are different than those listed, notify the Owner and consultant immediately.

The contractor is responsible for restoring the site to original condition upon contract close-out.

Funds may be withheld, if necessary, to ensure that the site is restored.

SUMMARY AND COVERED WORK

Section Includes:

• Project Information and Scope

• Covered Contract Work

• Concurrent/Other Work

• Use of Grounds

• Coordination

• Work Hours/General Usage and Temporary Utilities

PROJECT INFORMATION AND SCOPE

a. Burton International Academy, 2001 MLK Jr. Blvd., Detroit, MI 48208

1) Total Roof Replacement of All Areas Identified in Project Scope – Refer to

CD’s (Attachments A and B)

b. Davison Elementary, 2800 E. Davison, Detroit, MI 48212

1) Total Roof Replacement of All Areas Identified in Project Scope – Refer to

CD’s (Attachments C and D)

c. Golightly Education Center, 5536 St. Antoine St., Detroit, MI 48202

1) Total Roof Replacement of All Areas Identified in Project Scope – Refer to

CD’s (Attachments E and F)

d. Pasteur Elementary, 19811 Stoepel St., Detroit, MI 48221

CD’s (Attachments G and H)

e. Wayne Elementary, 10633 Courville St., Detroit, MI 48224

CD’s (Attachments I and J)

COVERED CONTRACT WORK

The Work of Projects is defined by the Contract Documents and consists of the following:

1) Roof removal, replacement, and other Work indicated in the Contract Documents.

2) Pre-construction and post construction testing of all roof drains within the specified areas of work.

3) Project will be constructed under multiple prime contracts.

Concurrent/Other Work

1) General: If separate contracts have been or will be concurrent, outside of this scope of work. The contractor is to coordinate all work with other renovations/construction/work.

USE OF GROUNDS

1) Use of Site: Contactor to limit all construction work to the designated areas within the

Contract limits. All ground staging or laydown areas to be coordinated with the building staff and other Contractors.

a) PROVIDE A STAGING AND LAYDOWN PLAN PRIOR TO MOBILAZATION

b) KEEP ALL DRIVEWAYS, SIDEWALKS, AND ENTRYWAYS OPEN AND

CLEAR FOR USE UNLESS APPROVED OTHERWISE.

c) IF THESE AREAS ARE TO BE BLOCKED, PROVIDE ALL BARRACSDES, SIGNAGE, OR OTHER PROTECTION TO PREVENT WORKERS AND NON-

CONSTRUCTION PERSONNEL FROM USE.

2) Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations.

3) Condition of Exiting Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout construction period. Repair damage caused by construction operations.

COORDINATION

Owner may occupy portions of the interior during construction. Provide the building staff with copies or access to copies of the work schedule and locations of construction on a daily basis.

Coordinate all activities with building staff. Do not interfere with school operations.

General Usage and Temporary Utilities

1) Owner will provide access to water; however, contactor shall not interrupt current water service exclusively for contractor’s use.

2) Contractor shall be responsible for all other utility services unless otherwise stated.

PROJECT MANAGEMENT AND COORDINATION

General Coordination:

All work shall be coordinated with building staff, other contracted work, Owner, and Owner

Representative. Provide the following items prior to mobilization of work:

1) Verify schedule occurs within designated timeframe for work.

2) Include delivery dates, onsite roofing operations, onsite sheet metal operations, general work activities, and repair work line items in the schedule.

3) Coordinate and provide a schedule of values for all construction activities.

REQUEST FOR INFORMATION (RFI)

1) Immediately on discovery of the need for additional information, clarification, or interpretation of the Contract Documents, contractor shall prepare and submit an RFI in the form specified. All RFI’s shall be coordinated and submitted in a prompt manner so as the avoid delays in contractor’s work or work of subcontractors.

2) Include a detailed, legible description of item needing information or interpretation and the following: Identify the following:

a. Date

b. Owner Name

c. Roof Consultant Name

d. Name of Contractor

e. RFI number and subject

f. Specification Section Location

g. Existing Field Conditions

h. Contractor’s suggested resolution (indicate whether resolution impacts Contract

Time or the Contract Sum)

i. Include all sketches, field dimensions, days impacted by resolution, cost of impact, and other pertinent information required for analysis of the RFI.

PROJECT MEETINGS

1) General: The contractor is to participate in all coordination, progress, or other meetings as required, throughput the project duration. The Contractor shall attend the following meetings, at minimum:

a. Site Staging and Laydown Area Locations

b. Construction Schedule

c. Schedule of Values

d. Safety Plan, including:

i. 24-hour emergency contact information

ii. List of safety representatives

iii. Crane plan, if used

iv. All Safety Data Sheets

v. Minimum two (2) hard copies for project site staff

e. Existing Condition Survey

2) Progress Meetings: Attend weekly progress meetings as required.

a. Provide updated construction schedule and projected completion date.

3) Punch — List /Close Out Meeting: Initiate, schedule, and coordinate all final inspections for the project close out.

SUBMITTAL REQUIREMENTS

Preconstruction submittal requirements

1) Manufacturer Certificates:

a. Include an Approval Letter from the Manufacturer acknowledging that the assembly and proposed installation method meets or exceeds the roof system performance requirements and subsequent intent to approve for warranty as listed.

b. Contractor Approval: Provide evidence from the Manufacturer indicating that the

Contractor is licensed to install the roof system as listed and provide the required warranty.

2) Product Data: For each type of product.

a. For membrane, insulation, and roof system components.

3) Shop Drawings: Include roof plans, sections, details, and attachments to other work, including the following:

a. Layout and thickness if insulation.

b. Base flashings and membrane terminations.

c. Flashing details at penetrations.

d. Tapered insulation, thickness, and slopes.

e. Insulation fastening patterns for comer, perimeter, and field-of-roof locations.

f. Proposed deviations or clarifications from the plans or specifications.

4) Warranties:

a. Provide samples from the Manufacturer.

b. Provide samples from the Installing Contractor.

5) Safety Documents (Separate Packet)

c. Provide a safety plan, 24-hour emergency contact information, list of safety representatives, crane plan, SDS, and other pertinent and OSHA required safety documentation to the Owner in a separate packet prior to the commencement of the project.

i. Minimum two (2) hard copies for project site.

Closeout Submittals

1) Punch List as provided by the Manufacturer and photos of the completed work.

2) Submit Maintenance data for Owner’s Use. Identify maintenance items, as required by

Owner, to maintain system warranty.

3) Warranty and Warranty Contact information for Owner’s use.

4) Submit photo documentation, verifying final cleaning was performed and site was restored to original condition.

Submittal Formats

1) Submittal Information: Include the following information in each submittal:

a. Project name.

b. Date.

c. Contractor Name

d. For products, provide a Table of Contents, identifying:

ii. The Specification Section Number and Location

iii. The name of the product, item, or services listed per specification. Indicate product dimensions of materials intended for use.

iv. The name of the designated Manufacturer/Supplier for each product, item, or service.

v. Include the technical information sheets for all products intended for use.

e. For Shop Drawings, provide a list of all shop fabricated items and prefabricated items.

f. For Warranties, identify the warranty name and length on the Table of Contents

End of Section C

SECTION D

PACKAGING AND MARKING

(Reserved)

End of Section D

SECTION E

INSPECTION AND ACCEPTANCE

Machion Jackson/Deputy Superintendent is the Executive Director of Procurement’s Technical

Representative and shall perform or designate other persons or entities to perform inspection, acceptance, and quality assurance. Reports and other submissions shall be submitted to:

Kidest Albaari, Deputy Executive Director

Capital Projects

1601 Farnsworth, Building C

End of Section E

SECTION F

DELIVERIES OR PERFORMANCE

The primary place of performance and/or delivery for the program in Section B shall mostly be at the Detroit Public Schools Community District, Monday through Friday except holidays.

End of Section F

SECTION G

CONTRACT ADMINISTRATION DATA

1. The Executive Director of Procurement shall be responsible for all contractual matters and is the only individual authorized to make changes of any kind to the contract. The Supplier shall not rely upon any oral change from anyone, or a written request for change from http://www.demandstar.com/ http://www.demandstar.com/ someone other than the Executive Director of Procurement. All changes must be in writing, signed by the Executive Director of Procurement.

2. Suppliers will not be paid for services rendered/goods delivered greater than the amount of this contract and purchase order(s). Any services rendered /goods delivered beyond the amount approved in this contract and purchase order(s) is done wholly at supplier's own risk.

The District shall not be obligated to pay for services rendered/goods delivered beyond the amount stipulated in this contract and/or purchase order(s) in Section A, item 4.

3. Invoicing and Payment

a. Invoicing and billing shall be submitted to:

Detroit Public Schools Community District

Fisher Building 11th Floor

Accounts Payable Department

3011 West Grand Blvd.

Email: accounts.payable@detroitk12.org

Also, submit to:

eBuilder- Plante Moran Realpoint

Email: DPSCD-FMPSERIES6INVOICES@docs.e-builder.net

And shall conform to policies or regulations adopted from time to time by the District.

Invoices shall be legible and shall contain, at a minimum and as applicable the following information: (1) the contract number and DPSCD purchase order number;

(2) a complete itemization of all costs including quantities ordered; (3) a complete itemization of the schools and/or students served; and (4) any discounts offered to the

District under the terms of the contract. A courtesy copy of the invoice must be sent to the department identified under Section E – Inspection and Acceptance AND the name that appears in the “Attention” line on the purchase order but shall not be deemed received by DPSCD unless sent directly to Accounts Payable.

b. Subject to any withholding provisions of the contract, payment shall be made within a 45-day payment cycle after the District’s receipt of a properly prepared invoice.

c. The Supplier shall provide to the Executive Director of Procurement a fully executed

W-9 Form. It is the Supplier’s responsibility to notify the Executive Director of

Procurement of any changes in the remittal address. Failure to provide this information may impact payment of invoices by DPSCD. In order that this Form is the current version at time of submittal, the Supplier shall download this Form from mailto:accounts.payable@detroitk12.org mailto:DPSCD-FMPSERIES6INVOICES@docs.e-builder.net the Internal Revenue Service website shown below, complete the Form and submit as specified herein. The website from which to obtain this Form is:

https://www.irs.gov/forms-pubs/about-form-w-9

End of Section G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

(Reserved)

End of Section H https://www.irs.gov/forms-pubs/about-form-w-9

SECTION I

GENERAL CONTRACT CLAUSES

I.01 Type of Contract

I.02 Term of the Contract

I.03 Option to Extend the Term of the Contract

I.04 Availability of Funds (Multi-Year)

I.05 Holidays

I.06 Compliance with Applicable Laws

I.07 Licenses and Permits

I.08 Licensed Personnel

I.09 Criminal Background Screening

I.10 Equal Opportunity

I.11 Subcontractors and Outside Consultants

I.11 Drug Free Workplace

I.13 Standards of Performance and Reasonable Assurances

I.14 Materials and Equipment

I.15 Patents and Royalties

I.16 Warranty of Services and Goods

I.17 Adjustment and Cleaning

I.18 Federal, State, and Local Taxes

I.19 Removal of Employees, Agents, or Subcontractors

I.20 Project Personnel

I.21 Photo Identification Badge

I.22 Performance Meeting

I.23 Independent Contractor

I.24 Insurance

I.25 Changes

I.26 Notices

I.27 Indemnification

I.28 District Restrictions

I.29 Assignment or Transfer

I.30 Audit, Examination and Retention of Records

I.31 Award Certificates

I.32 Conflict of Interest

I.33 Gratuities

I.34 Interest of Public Officials

I.35 Order of Precedence

I.36 Confidentiality and Protection of District Property

I.37 Publicity Releases

I.38 Suspension of Work

I.39 Termination and Non-Compliance

I.40 Insolvency

I.41 Disputes and Dispute Resolution

I.42 Notice of Labor Disputes

I.43 Anti-Kickback Procedures

I.44 Pending Legal Dispute with District

I.45 Governing Law

I.46 Supplier Authorization

I.47 Bid, Performance Bond

I.48 Liquidated Damages (Reserved)

I.49 Miscellaneous

I.01 Type of Contract

This will be a fixed type Contract. Unless the parties otherwise agree in writing, the fixed prices agreed upon by the parties will remain fixed for the duration of the Contract, including any extensions thereof.

I.02 Term of Contract

This Contract is for the period as outlined in Section A, Item 5 of this contract, subject to extension as set forth in Section I.03 below and suspension and termination as set forth in Sections I.38 and I.39 below.

I.03 Option to Extend the Term of the Contract

1. The District has the option to extend this Contract. The District may exercise its option to extend the term of this Contract by written notice to the Supplier. If feasible, the District shall give the

Supplier a preliminary written notice of its intent to extend at least thirty (30) days before the expiration of the base term and any renewal term. The preliminary notice does not commit the

District, and any absence of notice shall not affect the validity of any exercise of the option to extend this Contract. The District’s exercise of its option to extend shall not be deemed a waiver of any claims under this Contract.

2. Any extension shall be in writing signed by the parties.

I.04 Availability of Funds (Multi-Year)

Funds are presently available for performance under this Contract. The District’s obligation for performance of this Contract beyond the current fiscal year is contingent upon the availability of authorized funds from the District. No legal liability on the part of the District for any payment may arise for performance under this Contract, until the Supplier receives notice of such availability of funds or notice to proceed, in writing, from the Executive Director of Procurement.

I.05 Holidays:

Contractors, contracted workers, vendors, suppliers, and/or sub-contractors are not to report to work and the District will not provide payment for services rendered on the days the District is closed in observance of the below listed nine holidays and breaks:

HOLIDAYS (No. of Days)

• Independence Day

• Labor Day

• Thanksgiving Break

• Christmas Day

• New Year’s Day

• Martin Luther King Day

• Good Friday

• Memorial Day

• Juneteenth

BREAKS (No. of Days)

• Day before Thanksgiving (1 day)

• Holiday Break (8-10 days)

• Mid-Winter Break (1-5 days, pursuant to board approved calendar)

• Spring Break (1-5 days, pursuant to board approved calendar)

Any exceptions to mandatory vacation must be approved in advance and in writing by the Superintendent.

The grant of such exceptions will be limited to contractors whose duties relate to essential core functions.

Any contracted employee granted an exception will be notified by their District supervisor.

I.06 Compliance with Applicable Laws

The Supplier agrees to adhere to and comply with any and all federal and state laws, applicable to its operation, its execution, delivery and performance of this Contract and the operation of school buildings in the State of Michigan, including, but not limited to, federal laws and regulations pertaining to Equal

Employment Opportunity, Fair Employment Practices, Anti-Kickback Act, Clean Water Act, Environmental Protection Agency laws and regulations, Energy Policy and Conservation Act, Elementary and Secondary Education Act, the No Child Left Behind Act, American Disabilities Act, the Asbestos

Hazardous Emergency Response Act, America Recovery and Reinvestment Act, federal and state privacy laws and federal and state health regulations. The Supplier shall also adhere to all rules and regulations, including any reporting requirements thereof, from any regulatory body, including Department of

Education (DOE) and Department of Labor, regarding the operations of such programs. Supplier acknowledges this Contract may be funded by funds from a federal agency or program. Supplier certifies that neither it, its principals nor its subcontractors are currently debarred, declared ineligible or voluntarily excluded from participation in transactions by any federal department or agency.

I.07 Licenses and Permits

The Supplier shall, without additional expense to the District, be responsible for obtaining any necessary licenses, permits, and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to the performance of the work or to the products or services to be provided under this contract including, but not limited to, any laws or regulations requiring the use of licensed Suppliers to perform parts of the work.

I.08 Licensed and Qualified Personnel

The Supplier agrees to use only licensed personnel to perform work required by law to be performed by such personnel. Lack of knowledge by the Supplier will in no way be a cause for relief from responsibility.

The Supplier represents that all persons performing services under this Contract have the requisite skills and experience necessary to adequately provide the services in the accordance with the standards set forth herein and shall be qualified to do so and licensed if required.

I.09 Criminal Background Screening

The Supplier agrees that any and all Supplier employees, subcontractors, independent contractors, or other agents working on or under this Contract shall be free and clear of any sexual and drug related convictions, and from any felony convictions. The Supplier understands and agrees that each employee, subcontractor, independent contractor or other agent, who is or shall be assigned to regularly and continuously work under this Contract in any of the District’s schools, as determined or defined by the Michigan Revised School

Code (each a “Covered Employee or Agent”), must provide written consent to the District to enable the

District to conduct the federal and state criminal history check and the federal and state criminal records check required by the Michigan Revised School Code. The Supplier further agrees that each Covered

Employee or Agent must be presented to submit his or her fingerprints for the purpose of the federal and state criminal records check in accordance with District policy and as further directed by the District, at the sole cost and expense of the Supplier, have the results sent to the District, and provide all information required by the State of Michigan to include those individuals in the appropriate State of Michigan education personnel databases.

The Supplier understands and agrees that the cost of the criminal background check is the responsibility and expense of the Supplier and its Covered Employees or Agents and not the responsibility and expense of the District.

The Supplier understands and agrees that any of its Covered Employee or Agent, who does not meet or comply with the requirements of this Section may not provide services to the District under this Contract or otherwise. Failure by any Covered Employee or Agent of Supplier to comply with the provisions of this

Section constitutes a breach of this Contract and the District may seek all applicable remedies.

I.10 Equal Opportunity

During the performance of this Contract, the Supplier agrees that it will, in good faith, afford equal opportunity required by applicable federal, state, or local law to all employees and applicants for employment without regard to race, color, religion, sex, handicapping conditions, or national origin. The

Supplier further agrees to afford equal opportunity required by applicable federal, state, or local law to subcontractors and suppliers, which are “disadvantaged business enterprises” or “women owned enterprises” (both as defined by federal law or regulation in effect on the date of this contract). The Supplier agrees to insert the substance of this clause in all subcontracts and purchase orders.

I.11 Subcontractors and Outside Consultants

Supplier agrees that any subcontractors and outside consultants required or utilized by the Supplier in connection with the services covered by the Contract will be limited to such individuals or firms as were specifically identified and agreed to by the District in connection with the award of this Contract, and who will assist the Supplier in performing the Contract in accordance with its terms, including, but not limited to, the provisions relating to insurance, the right to audit, confidentiality, and background checks. Any substitution in such subcontractors or consultants is subject to the prior written approval of the District. The

Supplier shall inform any subcontractors of the terms and conditions of this Contract and have the subcontractors’ written agreement to be bound by the terms thereof.

I.12 Drug-Free Workplace

1. Definitions. As used in this clause –

a. “Controlled substance” means a controlled substance including but not limited to marijuana, heroin, LSD, concentrated cannabis or cannabis oils, hashish or hash oil, morphine or its derivatives, mescaline, peyote, phencyclidine (PCP, Angel Dust), opium, opiates, cocaine, methadone, quaaludes, amphetamines, ‘exotic designer’ drugs, benzodiazepines, seconal, codeine, barbiturates, phenobarbital, or valium.

b. “Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.

c. “Criminal drug statute: means a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

d. “Drug-free workplace” means the site(s) for the performance of work done by the Supplier in connection with a specific contract.

e. “Alcohol” means ethyl alcohol and any beverage containing ethyl alcohol.

f. “Employee” means an employee of a Supplier or of a permitted Subcontractor or outside consultant directly engaged in the performance of work under a District contract. “Directly engaged” is defined to include all direct cost employees and any other Supplier employee who has other than a minimal impact or involvement in contract performance.

g. “Individual” means a Supplier that has no more than one employee including the Supplier.

2. The Supplier shall, within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or immediately for contracts of less than 30 days performance duration

a. Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Supplier’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

b. Establish an ongoing drug-free awareness program to inform such employees about –

i. The dangers of drug abuse in the workplace;

ii. The Supplier’s policy of maintaining a drug-free workplace;

iii. Any available drug counseling, rehabilitation, and employee assistance programs;

and

iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c. Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (2) (a) of this clause;

d. Notify such employees in writing in the statement required by subparagraph (2) (a) of this clause that, as a condition of continued employment on this contract, the employee will:

i. Abide by the terms of the statement; and

ii. Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction.

e. Notify the Executive Director of Procurement in writing within 10 days after receiving notice under subdivision (2) (d) (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

f. Within 30 days after receiving notice under subdivision (2)(d)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

i. Taking appropriate personnel action against such employee, up to and including termination; or

ii. Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

g. Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (2) (a) through (2) (f) of this clause.

i. The Supplier, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

ii. In addition to other remedies available to the District, the Supplier’s failure to comply with the requirements herein renders the Supplier subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

I.13 Standards of Performance and Reasonable Assurances

The Supplier shall be responsible for maintaining satisfactory standards of its employees’ competence, conduct, courtesy, appearance, honesty, and integrity. It shall be responsible for taking such disciplinary action with respect to any of its employees as may be necessary.

a. The Supplier shall perform all services required by this Contract in accordance with high professional standards prevailing in the Supplier’s field of work.

b. If the District, in good faith, has reason to believe that the Supplier does not intend to, or is unable to perform or has refused to perform or continue performing all material obligations under this

Contract, the District may demand in writing that the Supplier give a written assurance of intent to perform. Failure by the Supplier to provide written assurance within the number of days specified in the demand (in no event less than five (5) business days) may, at the District 's option, be the basis for terminating this contract under the terms and conditions or other rights and remedies available by law or provided by this Contract.

I.14 Materials and Equipment

The Supplier is expected to supply all tools, equipment, materials and supplies necessary to complete the services specified, beyond normal and routine equipment provided at schools and administrative office facilities. Materials and supplies used will be reputable name brands and kept in excellent condition.

Occupational Safety and Health Act of 1970 (OSHA) training, if applicable, will be provided to all employees required to operate equipment. The Supplier will be held responsible for damages resulting from improper use of tool, materials, and equipment, unless such damages result from the negligence of the

District, and shall repair or pay for such damages, at its sole cost.

I.15 Patents and Royalties

The Supplier, without exception, shall indemnify and hold harmless the District and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the District. If the Supplier uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the Contract prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work.

I.16 Warranty of Services and Goods

1. “Acceptance,” as used in this clause, means the act of an authorized representative of the District by which the District assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract. “Correction,” as used in this clause, means the elimination of defect.

2. Notwithstanding inspection and acceptance by the District or any provision concerning the conclusiveness thereof, the Supplier warrants that all services performed and goods provided under this Contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. Contract further warrants that the goods will be fit and sufficient for the purpose intended. The Executive Director of Procurement shall give written notice of any defect or nonconformance to the Supplier within 30 days. This notice shall state either (1) that the

Supplier shall correct, re-perform or replace any defective or nonconforming services or goods, or

(2) that the District does not require correction, re-performance, or replacement.

3. If the Supplier is required to correct or re-perform services or replace goods, it shall be at no cost to the District, and any services corrected or re-performed or any goods replaced by the Supplier shall be subject to this clause to the same extent as work initially performed. If the Supplier fails or refuses to correct or re-perform services or replace goods, the Executive Director of Procurement may, by contract or otherwise, correct or replace with similar services and goods and charge to the

Supplier the cost occasioned to the District thereby, or make an equitable adjustment in the Contract price.

4. Supplier will deliver and transfer all manufacturer’s warranties related to the goods to the District and will execute all paperwork and instruments necessary to effectuate such delivery and transfer.

I.17 Adjustment and Cleaning

1. The Supplier shall clean exposed surfaces of all grease, oil, dirt, and other foreign matter and remove all packaging materials.

2. The Supplier shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Supplier shall remove from the work area and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the

District. Upon completing the work, the Supplier shall leave the work area in clean, neat, and orderly conditions satisfactory to the District. Dumpsters will not be provided by the District.

I.18 Federal, State, and Local Taxes

The…