woodhaven-brownstown school district request for proposal (rfp) furniture … ·...

WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT REQUEST FOR PROPOSAL (RFP) – FURNITURE & TECHNOLOGY MOVE MANAGEMENT SERVICES

MARCH 16, 2017

PROPOSAL DUE DATE & TIME: Thursday, March 30, 2017 at 2:00 pm local time OWNER: Woodhaven-Brownstown School District

Mr. Michael Belcher 24821 Hall Road Woodhaven, MI 48183

OWNER’S Mr. Rob Kakoczki REPRESENTATIVE: Plante Moran Cresa

26300 Northwestern Highway Southfield, MI 48076 (248) 982-2338

SUBMIT PROPOSAL TO: Mr. Michael Belcher Woodhaven-Brownstown School District 24821 Hall Road

Woodhaven, MI 48183 PRE-BID MEETING & WALKTHROUGH: Tuesday, March 21, 2017 at 12:30 pm local time Administration Building – Board Conference Room 24821 Hall Road Woodhaven, MI 48183 DESCRIPTION OF PROCUREMENT: Furniture & Technology Move Management Services

Woodhaven-Brownstown School District (hereafter referred to as Owner) has engaged Plante Moran Cresa (hereafter referred to as PMC) to provide Owner Representation Services for their 2015 Bond Program. The Owner invites you to submit a lump sum price proposal for the services required in this RFP in accordance with this letter and the following documents, which are attached hereto, made a part hereof, and form the Contract Documents that may result from this RFP.

A. Instruction to Offerors 2 pages

B. Statement of Work 7 pages

C. Proposal Form (Separate Fill-In Document in Word®) 3 pages

D. General Provisions 3 pages

E. Floor Plans and Room Numbers 7 pages

F. Sworn Statements 3 pages

G. Form of Contract 7 pages


MARCH 16, 2017

2

1. Three (3) copies of your proposal are to be submitted in a sealed envelope. Submit your proposal package to Mr. Michael Belcher at the Administration Building located at 24821 Hall Road, Woodhaven, MI, 48183. Please address the envelope with your company’s name and the title ‘Furniture & Technology Move Management Services RFP.’

2. If awarded the Contract, the furniture and technology move management services provider will provide

certificates of insurance that meet the requirements as indicated in the General Provisions prior to the start of any work.

3. A pre-bid meeting and walkthrough will be held on Tuesday, March 21, 2017 at 12:30pm local time. Firms will meet at the Administration Building located at 24821 Hall Road, Woodhaven, MI, 48183. This will be the only opportunity to tour the facilities. Please contact Rob Kakoczki at 248-982-2338 with questions.

4. CONFIDENTIALITY YOUR PROPOSAL AND ANY MODIFICATIONS THERETO SHALL BE SUBMITTED ONLY TO OWNER. FAILURE

TO COMPLY STRICTLY WITH OWNER’S INSTRUCTIONS REGARDING THE CONTENT AND MANNER OF SUBMISSION OF PROPOSAL INCLUDING, WITHOUT LIMITATION, DISCLOSURE OF ANY INFORMATION IN THE PROPOSAL OR MODIFICATIONS THEREOF TO ANY THIRD PARTY OR OTHER OWNER EMPLOYEES WITHOUT THE EXPRESS, PRIOR WRITTEN APPROVAL OF THE UNDERSIGNED, SHALL RESULT, AT OWNER’S SOLE DISCRETION, IN THE IMMEDIATE DISQUALIFICATION OF THE OFFEROR.

5. For information concerning this RFP, or should you have technical questions, you may contact Rob

Kakoczki at 248-982-2338 or [email protected]. Sincerely, PLANTE MORAN CRESA

Rob Kakoczki Attachments: (A) to (G) as listed


INSTRUCTION TO OFFERORS – ATTACHMENT "A"

MARCH 16, 2017

A - 1

1. GENERAL INFORMATION

This Request for Proposal (RFP) does not commit Owner to award a contract or to undertake any financial obligation whatsoever with respect to the requirement referred to herein. Owner reserves the right, in its sole and absolute discretion (for this provision and all other provisions contained in this RFP), to reject, in whole or in part, any or all proposals submitted with or without cause. Owner further reserves the right to waive any irregularities or informalities therein, to negotiate with any source it has selected as qualified, to not award a contract, to award one or more contracts to any other than the Offeror(s) submitting the best financial Proposal (low bidder) and to request additional information from any or all Offerors. In addition, notice is hereby given of the possibility that award may be made without discussion of the proposal. Therefore, the offeror should submit its best proposal initially from both technical and price standpoints. Further, Owner reserves the right to accept or reject, without consideration, any proposal which arrives late. In the event Offeror’s Proposal is accepted by Owner and Offeror asserts exceptions, special considerations or conditions after acceptance, Owner, in its sole and absolute discretion, reserves the right to thereafter reject the Proposal and award the Contract to another Offeror.

* A 5% bid bond is required to accompany the submitted proposal. 2. BID DOCUMENTS Bid / RFP documents may be obtained at the e-Builder website created by PMC at: https://app.e-builder.net/public/publicLanding.aspx?QS=e69f7ef219ae47f99692f7e547ec11e0 3. UNSOLICITED TERMS AND CONDITIONS

Proposals which take exception to Owner’s Terms and Conditions and/or substitute the Offeror’s terms and conditions may be rejected.

4. LATE PROPOSALS

Each Offeror is responsible for submission of its Proposal. Proposals or Proposal revisions received after the Due Date may not be opened, accepted, or considered and will be made available to the respective Offerors for pick-up at their sole cost and expense. Owner is not liable for any delivery or postal delays.

5. OPENING OF PROPOSALS

At the specified location and Due Date stated above, all submitted Proposals shall be publicly opened and dated. Any interested parties may attend. No immediate decision will be rendered.

6. REQUESTS FOR CLARIFICATIONS

Offerors may request that Owner clarify information contained in this RFP. All such requests and inquiries must be made in writing via e-mail and directed to Rob Kakoczki at [email protected]. Written instructions covering such items will be issued by the Owner’s Representative to all bidders, and such items shall be included in the Proposal. No oral instructions or interpretations will be considered as binding on the Owner unless confirmed by a written addendum. Owner will not respond to any Request for Clarifications received after 3 p.m. EST on Thursday, March 23, 2017. Responses to any Request for Clarification may also be posted to Owner’s website.

https://app.e-builder.net/public/publicLanding.aspx?QS=e69f7ef219ae47f99692f7e547ec11e0

mailto:[email protected]


INSTRUCTION TO OFFERORS – ATTACHMENT "A"

MARCH 16, 2017

A - 2

7. RESTRICTIONS ON COMMUNICATIONS

From the issue date of the RFP until an Offeror is selected and selection announced, a prospective Offeror shall not communicate about the subject of the RFP or an Offeror’s Proposal with Owner, its Board of Education, or any individual member, administrator, faculty, staff, students, or employees, except as permitted by the Requests for Clarifications Paragraph above.

8. ADDENDA TO THE RFP

If it becomes necessary to revise any part of this RFP, all addenda will be issued to https://app.e-

builder.net/public/publicLanding.aspx?QS=e69f7ef219ae47f99692f7e547ec11e0 and all addenda shall become a part of this RFP. Offerors should visit this link prior to submission of their proposal to ensure they are in receipt of all addenda. Each Offeror must in its Proposal, to avoid any miscommunication, acknowledge all addenda which it has received. Failure of an Offeror to receive, or acknowledge receipt of, any addendum shall not relieve the Offeror of the responsibility for complying with the terms thereof.

9. OFFEROR BEARS ALL PROPOSAL COSTS

Any recipient of this RFP, or any Offeror who chooses to respond to this RFP, is responsible for any and all costs and liabilities incurred by it or others acting on its behalf in preparing or submitting a Proposal, or otherwise responding to this RFP, or any negotiations incidental to its Proposal, the Contract or this RFP.

10. IRREVOCABILITY OF PROPOSALS

All Proposals submitted shall not be withdrawn and shall be irrevocable for a minimum period of sixty (60) calendar days following the Due Date for receipt of Proposals set forth above.

11. FORM OF CONTRACT

This is a Request for Proposal only. Proposals will be treated as offers to enter into the Contract (as defined above) with Owner. Owner and successful Offeror shall memorialize their contractual relationship and obligations using the form of Contract attached hereto. The Contract contains many details relative to the Services required under this RFP, as well as the terms and conditions under which the Services shall be provided by the successful Vendor. The Contract should be reviewed carefully by each Offeror prior to submitting a Proposal. Any exceptions to the terms and conditions contained in the Contract, or any other special considerations or conditions requested or required by the Vendor relative to this RFP or the form of Contract shall be expressly/specifically enumerated by the Offeror and be submitted as part of its Proposal, together with an explanation as to the reason such terms and conditions cannot be met by the Offeror, provided, however, that exceptions or special conditions of the Offeror will not be binding upon Owner unless those exceptions or special conditions are expressly accepted by Owner, and incorporated into the final Contract. Following the selection of the successful Vendor by Owner, the Contract will be finalized by the parties. The final Contract shall be subject to the review and approval by Owner’s legal counsel. Under no circumstances shall a valid and binding contract be formed unless and until Owner and the successful Vendor enter into a written, signed contract based on the attached form of Contract.



WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT REQUEST FOR PROPOSAL (RFP) - FURNITURE & TECHNOLOGY MOVE MANAGEMENT SERVICES

STATEMENT OF WORK – ATTACHMENT “B” MARCH 16, 2017

B - 1

1. INTRODUCTION

The following outline sets forth the Statement of Work for furniture move and technology move management services required for renovations to four (4) school buildings: Erving Elementary, Yake Elementary, Brownstown Middle School and Patrick Henry Middle School.

2. FURNITURE MOVE MANAGEMENT & TECHNOLOGY MOVE MANAGEMENT SERVICES AND

REQUIREMENTS

The furniture move management and technology move management services provider is to satisfy all applicable codes, ordinances and regulations as enforced by the city, county, state or relevant federal agencies. Where a conflict exists between any code and the move/furniture plan, the furniture move management and technology move management services provider shall consult with Owner prior to altering the plan.

3. OWNER SPACE STANDARDS

Owner has established standard sizes for the offices, workstations, and other spaces used by its employees. The furniture move management and technology move management services provider shall use suggested standards where practicable unless directed otherwise by the Owner.

4. LEVEL OF CARE

The furniture move management and technology move management services provider shall provide a level of care to protect the Owner’s existing facilities, the moved furniture and technology, and other property during both the move out and move in. The furniture and technology equipment must be protected while being both transported and stored. Floors and walls must also be protected as needed. The successful vendor will be responsible for the costs of repairing, replacing, and restoring all of Owner’s property that is damaged as a result of the move out and/or move-in process.

5. BASIS FOR FURNITURE MOVE MANAGEMENT & TECHNOLOGY MOVE MANAGEMENT SERVICES

Scope of Work: The Owner is requesting furniture move management and technology move management services on two (2) separate Projects, which include work at the four (4) buildings listed below. Vendors may bid on either or both Projects. Project #01 is the Furniture Move Management at Erving and Yake Elementary Schools as well as Patrick Henry and Brownstown Middle Schools. Project #02 is the Technology Move Management at Erving and Yake Elementary Schools as well as Patrick Henry and Brownstown Middle Schools.

Erving Elementary School 24175 Hall Road Woodhaven, MI 48183



B - 2

o Erving Elementary – Scope of Work Furniture Move Management services to relocate all materials in specified

areas at Erving Elementary School. Move out will commence at 3:30 pm on Friday, June 16, 2017 and must be complete no later than 6:00 am Tuesday, June 20, 2017. Storage of all non-boxed teacher furniture and materials will be outside the building in storage containers / semi-trailers as needed. The storage containers / semi-trailers may be left on site over the summer in locations approved by Owner / PMC / Construction Manager. Boxed teacher materials will also be moved and stored in storage containers / semi-trailers outside the building. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Technology Move Management services are required to move all specified information technology hardware throughout the school and relocate all specified hardware to the Media Center. Move out will commence at 3:30 pm on Friday, June 16, 2017 and must be complete no later than 6:00 am Tuesday, June 20, 2017. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Yake Elementary School 16400 Carter Road Woodhaven, MI 48183

o Yake Elementary – Scope of Work Furniture Move Management services to relocate all materials in specified

areas at Yake Elementary School. Move out will commence at 3:30 pm on Friday, June 16, 2017 and must be complete no later than 6:00 am Tuesday, June 20, 2017. Storage of all non-boxed teacher furniture and materials will be outside the building in storage containers / semi-trailers as needed. The storage containers / semi-trailers may be left on site over the summer in locations approved by Owner / PMC / Construction Manager. Boxed teacher materials will also be moved and stored in storage containers / semi-trailers outside the building. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Technology Move Management services are required to move all specified information technology hardware throughout the school and relocate all specified hardware to the Media Center. Move out will commence at 3:30 pm on Friday, June 16, 2017 and must be complete no later than 6:00 am Tuesday, June 20, 2017. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Brownstown Middle School 20135 Inkster Road Brownstown, MI 48174



B - 3

o Brownstown Middle – Scope of Work Furniture Move Management services to relocate all materials in specified

areas at Brownstown Middle School. Move out will commence no later than 7:00 am on Tuesday, June 20, 2017 and must be complete no later than 6:00 am Thursday, June 22, 2017. Storage of all non-boxed teacher furniture and materials will be outside the building in storage containers / semi-trailers as needed. The storage containers / semi-trailers may be left on site over the summer in locations approved by Owner / PMC / Construction Manager. Boxed teacher materials will also be moved and stored in storage containers / semi-trailers outside the building. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Technology Move Management services are required to move all specified information technology hardware throughout the school and relocate all specified hardware to the Media Center. Move out will commence no later than 7:00 am on Tuesday, June 20, 2017 and must be complete no later than 6:00 am Thursday, June 22, 2017. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Patrick Henry Middle 24825 Hall Road Woodhaven, MI 48183

o Patrick Henry Middle School – Scope of Work Move Management services to relocate all materials in specified areas at

Patrick Henry Middle School. Move out will commence no later than 7:00 am on Tuesday, June 20, 2017 and must be complete no later than 6:00 am Thursday, June 22, 2017. Storage of all non-boxed teacher furniture and materials will be inside the building in a designated area. Boxed teacher materials will also be moved and stored in a designated area within the building. Floor protection is required to be installed in the areas where the non-boxed and boxed furniture and materials will be stored. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

Technology Move Management services are required to move all specified information technology hardware throughout the school and relocate all specified hardware to a designated classroom location on each floor. Move out will commence at 7:00 am on Tuesday, June 20, 2017 and must be complete no later than 6:00 am Thursday, June 22, 2017. Please refer to floor plans in Exhibit E for areas to be moved. Refer to specifications for materials to be moved.

All materials moved out in June will be moved back in late August 2017. The exact date and time (tentatively 8/17/17 – 8/21/17) will be determined by the Owner one week prior to the move and weekend/premium time work should be anticipated and included.



B - 4

Specifications for Furniture Move Management (Project #01)

Please review floor plans included in Exhibit E for spaces to be relocated at each building.

Materials to be moved shall include, but are not limited to the following: all loose furniture, all non-technology loose equipment, books, boxes (packed by Owner) and all other loose materials stored in the areas specified to be relocated.

The electrical and low voltage equipment will be disconnected by others.

All technology hardware will be moved by a separate vendor (Project #02). Coordination with this vendor must take place when moving furniture from classrooms, computer labs, and media centers.

The Owner has supplied its own packing materials for the majority of the packing. However, the Vendor shall provide materials (boxes, tape, labels, bubble wrap, etc.) to pack specific items/materials that are required to be packed as part of this RFP (music instruments, cooking, sewing, home economics, etc.)

Vendor is required to disassemble, store, and re-assemble all modular furniture and items that will not otherwise fit through a standard opening.

Storage containers may only be placed on paved (concrete or asphalt) surfaces. All surfaces and landscaping must be protected and restored to its original condition by the Move Management firm. If containers are stored on asphalt pavement, adequate protection must be installed to prevent any marks left in the asphalt.

Any rooms found not completely packed will be packed by the Vendor and items stored in storage containers / semi-trailers.

Vacated spaces shall be left free of debris, furniture equipment, personal effects and any other (Owner related) items.

Provide hourly rates for any future adjustments.

Prior to move-out, updated floor plans will be provided to the selected vendor indicating school room numbers which will be used for coordination of the move.

Vendor shall provide a minimum of two (2) movers and one (1) van for a period of one (1) day at each school directly following the completion of each re-installation phase to assist the District as may be needed. This is in addition to completing the base contract work.

SCHOOL SPECIFIC SPECIFICATIONS

Patrick Henry Middle School: Media center shelving & books, tables & chairs, etc. to be moved into adjacent spaces and/or hallways near the media center. This furniture will be moved back at an earlier date as soon as the construction work is complete in the media center. Plan for a separate trip to move the furniture back into the media center for both the 1st and 2nd floors. Shelving and books must be covered and protected under this contract while stored.



B - 5

Specifications for Technology Move Management (Project #02)

Please review floor plans included in Exhibit E for relocation areas at each building. All classrooms have at least one teacher station and 2 student stations along with other technology which will need to be moved.

Prior to move-out, updated floor plans will be provided to the selected vendor indicating school room numbers which will be used for coordination of the move.

Technology equipment includes: o Computers

a. CPUs

b. Monitors

c. Keyboards/Mouse

d. Cables (monitor, USB, network patch cable, etc.)

e. Other ancillary peripherals

o Printers

o Document Cameras o Classroom Projectors (non-mounted) o Smart Boards o Classroom Audio Systems

a. Amplifiers

b. Microphones

c. Mounted and Non-mounted speakers

Provide hourly rates for any future adjustments.

Services are required to move information technology hardware from District classrooms undergoing renovation to secure locations for the summer, as well as move the hardware back into the classrooms upon completion of construction. The location for secure storage has been designated as the Media Center for 3 schools and designed classrooms for Patrick Henry. The vendor is responsible for covering (and subsequent removal) of any floor protection to protect it from damage. Different scopes of work are required for each of several scenarios, as described below.

Required Scope of Services – Prior To De-install

o Catalog all items in a spreadsheet identifying:

a. Building

b. Room

c. Location in room

d. Hardware detail:

i. Type of hardware: (CPU, monitor, keyboard/mice, printers, document camera,

etc.)

ii. Quantity

iii. Manufacturer



B - 6

iv. Model

v. Serial Number

vi. Owner Asset Number

e. Provide a copy of this spreadsheet to the Owner for records

Required Scope of Services – During De-install and Re-install

For all spaces, the Vendor will be responsible for disconnecting, packing, labelling, and

removing information technology hardware from the classrooms, computer labs, and

media centers to the areas noted above within each building. The Vendor shall provide

all packing and labelling materials and the hardware must be packed in a fashion

which will minimize and prevent damage to the hardware. This vendor will also be

responsible for returning all items to the original (or relocated) classroom, computer lab

and media center, unpacking all boxes and disposal of all moving refuse upon

completion of summer renovations. District dumpsters are not to be used for disposal

of moving materials. This Vendor will be responsible for the following:

Validate contents against disconnect/removal spreadsheet, identify any missing

items.

Re-connect all technology at the direction of Owner staff to ensure all items are

located correctly within the rooms. For classrooms, this will be on the teacher

desk connected to the data drop on the teaching wall and the student stations

at designated locations. For labs, this will mean computers placed in the same

order they were in when they were removed. This is why the pre-move

inventory is critical.

Test technology hardware as follows:

PC Hardware:

o Power up computer

o Login using District provided credentials

o Confirm connectivity to District network

o Confirm all peripherals function as intended

o Power off computer

Document Camera:

o Power on document camera

o Confirm unit is functioning and can display images to data

projector

o Power off document camera

Data Projector:

o Power on data projector

o Confirm it is functioning

o Power off data projector



B - 7

Classroom Audio System:

o Power on the classroom audio system

o Confirm the system is functioning with all devices and each

speaker is working.

o Power off the audio system

Provide a list of all damaged equipment to the District

The selected vendor will also provide four (4) technology movers/technicians

(one at each school) the first day teachers are back in the school building to

assist with any problems. Teachers’ first day back is anticipated to be Monday,

8/21/17. (This date will be verified prior to re-install of technology.)

Woodhaven-Brownstown School District will provide District technicians to work in conjunction with this Vendor to assist in the coordination of equipment location and testing activities.

The timing of the re-connection is as critical, and perhaps even more critical than the disconnect. The vendor must have sufficient personnel to re-connect all computers within a 2-3 day period. Weekend work/premium time should be anticipated and included in the proposal. The District will attempt to be able to give the vendor more time, but that is not guaranteed.

SCHOOL SPECIFIC SPECIFICATIONS

Brownstown Middle School: The one (1) teacher station in each classroom is being replaced with a new computer by the district. The scope of work required will be to remove the teacher station per the protocol listed above but re-connection will not be required. The district will install the new teacher station in each of the classrooms. The 2 student stations in each classroom will need to be disconnected and re-connected as noted above.

Patrick Henry Middle School: The one (1) teacher station in each classroom is being replaced with a new computer by the district. The scope of work required will be to remove the teacher station per the protocol listed above but re-connection will not be required. The district will install the new teacher station in each of the classrooms. The 2 student stations in each classroom will need to be disconnected and re-connected as noted above.

WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT FURNITURE & TECHNOLOGY MOVE MANAGEMENT SERVICES RFP

COST PROPOSAL– ATTACHMENT "C"

C - 1

DETAILED BID PROPOSAL FORM (Submit three (3) signed copies of this form) NAME OF BIDDER BIDDER’S ADDRESS

Bidder’s Main Contact for Proposal

Phone Number TO: Mr. Michael Belcher Woodhaven-Brownstown School District 24821 Hall Road Woodhaven, MI 48183 PROPOSAL FOR: Furniture & Technology Move Management Services

The undersigned, having familiarized himself with all local conditions to be encountered affecting the work and examined the contract documents does hereby propose to perform everything required to be performed and to furnish all of the labor, and services necessary to complete the architect engineering work required in connection with the above project.

ADDENDUM NO. , DATED



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C - 2

PROPOSAL BREAKDOWN

(Bidder’s Company Name) Proposes to provide Furniture Move and/or

Technology Move Management Services to Woodhaven-Brownstown School District (hereafter referred to as

Owner) for the 2015 Bond project as follows:

1. LUMP SUM FEES COSTS

Project #01 – Furniture Move Management Furniture move management services for Erving Elementary School is a lump sum of: $__________

Furniture move management services for Yake Elementary School is a lump sum of: $__________

Furniture move management services for Brownstown Middle School is a lump sum of: $__________

Furniture move management services for Patrick Henry Middle School is a lump sum of: $__________

Total Project #01 $__________

Project #02 – Technology Move Management Technology move services for Erving Elementary School is a lump sum of: $__________

Technology move services for Yake Elementary School is a lump sum of: $__________

Technology move services for Brownstown Middle School is a lump sum of: $__________

Technology move services for Patrick Henry Middle School is a lump sum of: $__________

Total Project #02 $__________

Combined Bids (If Applicable)

Projects #01 and #02 $__________

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C - 3

The above costs are to be inclusive of all costs including labor, materials, taxes, warehousing, delivery, overhead & profit, etc.

2. HOURLY RATES (Provide hourly rates for any future adjustments):

Standard Rate (First Shift) $ / hour

Standard Rate (Second Shift)

$ / hour

Standard Rate (Third Shift)

$ / hour

Overtime Rate

$ / hour

Holiday Rate

$ / hour

Other: Van

$ / hour

Other: Storage Trailer (monthly rental fee)

$ / month

Other: POD / Shipping Container (monthly rental fee)

$ / month

Other: Storage Trailer Drop-Off and Pick-Up

$ / each

Other: IT Tech Rate

$ / hour

Other:

$ The undersigned bidder does hereby designate the address, given below, as the legal address to which all notices, directions, or other communications may be served or mailed.

Street

City , State Zip The undersigned has carefully examined the bid documents, including the instructions to bidders, general conditions to the contract, special conditions, specifications, drawings and any and all addenda issued, and agrees to be bound by all requirements thereof in the submission of this proposal, and in the performance of the contract if awarded to him on this proposal.

The undersigned agrees that the proposal submitted shall not be withdrawn until sixty (60) days after the time set for receipt of proposal. This proposal is submitted in the name of: (Name of Proposer)

(Signature) (Title)

Signed and sealed this day of , 2017

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GENERAL PROVISIONS – ATTACHMENT "D"

D - 1

COMPOSITION OF FURNITURE & TECHNOLOGY MOVE MANAGEMENT SERVICES PROVIDER

If the furniture and/or technology move management services provider hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

1. INFORMATION EXCLUSION

A. To prevent any unfair competitive advantage in the procurement of furniture and technology move management of any project or part thereof which may be the subject of this Contract, the furniture move management and technology move management services provider hereby agrees that, until award of a Contract for furniture move management and technology move management of such project, it (1) will not disclose any unauthorized information concerning the work under this Contract to any prospective bidder, and (2) will not render any services to such prospective bidder which could result in premature disclosure of the work under this Contract.

B. The furniture move management and technology move management services provider shall insert a

clause containing the provisions of this clause including this paragraph (b) in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and Owner.

2. DISSEMINATION OF CONTRACT INFORMATION

The furniture move management and technology move management services provider shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this Contract, without the prior written consent of Owner. (Two copies of any material proposed to be published or distributed shall be submitted to Owner).

3. INTERPRETATION OR MODIFICATION

No oral statement of any person, and no written statement of anyone other than the Contract Administrator, or the Technical Representative, acting within the limits of her authority, shall modify or otherwise affect any provision of the Contract.

4. SUBCONTRACTORS & OUTSIDE ASSOCIATES AND CONSULTANTS

Any subcontractors and outside associates or consultants required by the furniture move management and technology move management services provider in connection with the services covered by the Contract will be limited to such individuals or firms as were specifically identified and agreed to during negotiations. Any substitution in such subcontractors, associates, or consultants will be subject to the approval of Owner.

5. NOTICE OF DELAYS

Whenever the furniture move management and technology move management services provider encounters any difficulty which is delaying or threatens to delay the timely performance of this Contract (including actual or potential labor disputes), the furniture move management and technology move management services provider shall immediately give notice thereof in writing to Owner, stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery schedule or be construed as a waiver by Owner of any rights or remedies to which it is entitled by law or pursuant to provisions of this Contract. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery schedule because of such delay.



D - 2

6. INSURANCE

Insurance required shall be a Workmen’s Compensation Policy, including Employer’s Liability, as required by Law; a Comprehensive General Liability Policy, including coverage of liability for Premises and Operations, Elevators, Independent Contractors and Products. Broad Form Property Damage on Occurrence Basis, EC and U Property damage, and Personal Injury; and a Comprehensive Automobile Liability Policy including coverage of liability for non-owned and hired automobiles and Property Damage on an Occurrence Basis. The insurance shall remain in force for the duration of the Contract and shall be written for not less than the following limits of liability: 1. Bodily Injury - - Combined single occurrence limit $1,000,000 2. Property Damage - - Combined single occurrence limit $1,000,000 3. Automobile Bodily Injury - - Combined single occurrence limit $1,000,000 4. Automobile Property Damage - - Combined single occurrence limit $1,000,000 5. Personal Injury – - Combined single occurrence limit $1,000,000

7. DAMAGE

In the event Owner determines furniture, equipment, or materials have been damaged by the Furniture Move Management or Technology Move Management firm, the Furniture Move Management or Technology Move Management firm shall compensate the Owner for the cost of repairing, restoring, and/or replacing the damaged property. The determination of whether a repair, restoration, and/or replacement is necessary, as well as the costs thereof, shall be determined in the Owner’s sole, but reasonable, judgment. The Owner retains the right to withhold payment until the selected firm pays the full sum of the foregoing costs.

8. FEDERAL, STATE AND LOCAL TAXES

Except as may be otherwise provided in this Contract, the Contract price includes all applicable federal, state and local taxes and duties.

9. SOLE BENEFIT

This Contract is for the sole benefit of Owner and the Furniture Move Management and Technology Move Management firms.

10. POSSESSION OF FIREARMS

The furniture move management and technology move management services provider shall ensure that none of its employees, servants or agents, nor any of the employees of its subcontractors at any tier shall have any firearm in their possession or in a personal or company vehicle while on Owner’s property, be it property owned by Owner or property in which Owner has acquired an interest by lease or otherwise. A violation shall be grounds for immediate termination of this Contract.



D - 3

11. EXAMINATION OF RECORDS

For projects performed by the furniture move management and the technology move management services provider pursuant to this Contract, the furniture move management and technology move management services provider shall maintain such records as will adequately substantiate charges and hours worked hereunder and shall produce such records for Owner’s inspection upon Owner’s request, for a period of three (3) years following the furnishing of the respective services. Owner shall give timely notice of its intent to inspect such records.

12. STANDARD INSURANCE PROVISIONS APPLICABLE TO ALL AGREEMENTS

Furniture move management and technology move management services provider will submit to Owner a standard “Accord” insurance certificate (or comparable form acceptable to Owner) signed by an authorized representative of such insurance company(ies), certifying that the insurance coverage(s) required hereunder are in effect for the purposes of this agreement. Said insurance certificate shall certify that no material alteration, modification or termination of such coverage(s) shall be effective without at least 30 days advance written notice to Owner.

All policies shall name Owner & PMC as Additional Insureds with respect to work performed under this agreement.

Furniture move management and technology move management services provider’s insurers shall waive all rights of recovery against Owner for any injuries to persons or damage to property in the execution of work performed under this agreement.

Furniture move management and technology move management services provider’s insurance shall be considered primary and not excess or contributing with any other applicable insurance.

Furniture move management and technology move management services provider and all subcontractors shall ensure full compliance with the terms of the Occupational Safety and Health Administration (OSHA) and all locations’ and jurisdictions’ safety and health regulations during the full term of this agreement.

Furniture move management and technology move management services provider shall defend, hold harmless and indemnify Owner against any and all claims, expense (including attorney’s fees), loss or liability for injury to or death of any persons (including employees or agents), and loss of or damage to any property (including property owned, leased or borrowed by Owner), incurred during the performance of work associated with and under this agreement, unless by reason of any and all actions or omissions or negligence by Owner, its agents or employees.

Furniture move management and technology move management services provider assumes entire responsibility and liability for losses, expenses, demands and claims in connection with or arising out of injury, or alleged injury (including death) to any person, or damage, or alleged damage, to property of Owner or others sustained or alleged to have been sustained in connection with or to have arisen out of, or resulting from the performance of the work by the furniture move management and technology move management services provider, his sub-contractors, agents, and employees, including losses, expenses, and damages sustained by Owner, and agrees to indemnify and hold harmless Owner, its agents and employees from any and all suits or actions brought against them, or any of them, based on such alleged injury or damage, and pay all damages, costs, and expenses resulting from and in connection with.

F 248.656.7746T 248.656.137748307Rochester, MI236 Mill Street

architects planners interiors

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1) DESIGN CODE:

MICHIGAN REHABILITATION CODE FOR EXISTING BUILDINGS 2012

2) DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE (106.3.4)

A REPRESENTATIVE OF FRENCH ASSOCIATES WILL BE THE DESIGN

PROFESSIONAL IN RESPONSIBLE CHARGE.

3) DEFERRED SUBMITTALS (106.3.4)

DEFERRED SUBMITTALS WILL INCLUDE THE FOLLOWING:

A) CONSTRUCTION DOCUMENTS FOR FIRE ALARM SYSTEMS. INCLUDING DUCT

SMOKE DETECTION SYSTEM.

4) USE AND OCCUPANCY CLASSIFICATION (CHAPTER 4)

BUILDING USE GROUP IS EDUCATIONAL GROUP E.

THE PROJECT WILL HAVE LEVEL 2 ALTERATIONS AND IS USING THE WORK AREA

COMPLIANCE METHOD.

5) ALTERNATIONS- LEVEL 2 (CHAPTER 8)

1 GENERAL (SECTION 801)

A. WORK SHALL ALSO COMPLY WITH ALTERATION-LEVEL 1

1.) NEW INTERIOR FINISHES SHALL COMPLY WITH FLAME SPREAD

REQUIREMENTS OF THE IBC AS WELL AS RADIANT FLUX REQUIREMENTS OF

THE IBC. (SECTION 602)

B. STRUCTURAL PROVISIONS SHALL APPLY FOR NEW ROOFING, SUPPORT OF

NEW ROOFTOP MECHANICAL EQUIPMENT AND NEW ELEVATOR SHAFT

(UNLESS LESS THAN 5% INCREASE) (SECTION 606).

2. FIRE PROTECTION (SECTION 804) AN AUTOMATIC SPRINKLER SYSTEM IS NOT

REQUIRED THROUGHOUT IN ACCORDANCE WITH:

A. SECTION 804.2.2: GROUP A DOES NOT MEET THE CONDITION NO. 2. THE

WORK DOES NOT EXCEED 50% OF THE FLOOR AREA.

B. SECTION 804.4.1.1: A FIRE ALARM AND DETECTION SYSTEM IS BEING

PROVIDED AND INSTALLED. MODIFIED. THESE WILL BE DEFERRED

SUBMITTALS BY THE CONTRACTOR.

1. MEANS OF EGRESS (SECTION 805)

A. MEAN OF EGRESS LIGHTING (805.7)- NEW COMPLIANT MEANS OF EGRESS

LIGHTING IS PROVIDED.

B. EXIT SIGNS (805.8)- NEW EXIT SIGNS ARE PROVIDED.

4. ACCESSIBILITY (SECTION 806)

A. EXISTING PUBLIC TOILET ROOMS ARE ACCESSIBLE .

5. STRUCTURAL (SECTION 807)

A. THE LIMITED STRUCTURAL ALTERATIONS WE ARE MAKING TO THIS FACILITY

ARE IN ACCORDANCE WITH SECTION 807.

6. ELECTRICAL (SECTION 808)

A. ALL NEW SYSTEMS COMPLY WITH 2011 MICHIGAN ELECTRICAL CODE.

7. MECHANICAL (SECTION 809)

A. ALL NEW SYSTEMS COMPLY WITH MICHIGAN MECHANICAL CODE 2012.

8. PLUMBING (SECTION 810)

A. ALL NEW SYSTEMS COMPLY WITH MICHIGAN PLUMBING CODE 2012.

6) CHANGE OF OCCUPANCY (CHAPTER 10)

1. REQUIREMENTS OF CHAPTER 10 DO NOT APPLY DUE TO THE OCCUPANCY

REMAINING THE SAME.

7) ADDITIONS (CHAPTER 11)

1. REQUIREMENTS OF CHAPTER 11 DO NOT APPLY BECAUSE WE ARE NOT

ADDING ANY ADDITIONS.

8) HISTORIC BUILDINGS (CHAPTER 12)

1. REQUIREMENTS OF CHAPTER 12 DO NOT APPLY BECAUSE THIS IS NOT A

HISTORIC BUILDING.

9) RELOCATED OR MOVED BUILDINGS (CHAPTER 13)


RELOCATING OR MOVING THIS BUILDING.

10) OTHER CODES

A) 2012 MICHIGAN MECHANICAL CODE

B) 2012 MICHIGAN PLUMBING CODE

C) 2014 NATIONAL ELECTRICAL CODE

D) 2012 NFPA 101 LIFE SAFETY CODE

D) ICC/ANSI A117.1-2003 ACCESSIBLE AND USABLE BUILDINGS AND FACILITIES

EXISTING BUILDING AREA REMAINS UNCHANGED

STUDENT POPULATION IS NOT CHANGING

WORK AREA COMPLIANCE METHOD: LEVEL 2 ALTERATIONS

NO CHANGE OF USE

THE BUILDING IS FULLY SPRINKLED.

ALTERATION DESCRIPTION:

INTERIOR RENOVATION OF SOME CLASSROOMS: NEW VCT/CARPET, PAINT,

NEW MARKER BOARDS.

NEW CASEWORK IN LIFE SKILLS, ART CLASSROOM AND ADJACENT ROOMS.

NEW LIGHT FIXTURES IN CLASSROOMS.

REPLACEMENT OF CLASSROOM CORRIDOR DOORS.

NEW FINISHES IN THE EXISTING BATHROOMS.

MINOR ELECTRICAL AND MECHANICAL UPGRADES.



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1) DESIGN CODE:

MICHIGAN REHABILITATION CODE FOR EXISTING BUILDINGS 2012

2) DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE (106.3.4)

A REPRESENTATIVE OF FRENCH ASSOCIATES WILL BE THE DESIGN

PROFESSIONAL IN RESPONSIBLE CHARGE.

3) DEFERRED SUBMITTALS (106.3.4)

DEFERRED SUBMITTALS WILL INCLUDE THE FOLLOWING:

A) CONSTRUCTION DOCUMENTS FOR FIRE ALARM SYSTEMS. INCLUDING DUCT

SMOKE DETECTION SYSTEM.

4) USE AND OCCUPANCY CLASSIFICATION (CHAPTER 4)

BUILDING USE GROUP IS EDUCATIONAL GROUP E.

THE PROJECT WILL HAVE LEVEL 2 ALTERATIONS AND IS USING THE WORK AREA

COMPLIANCE METHOD.

5) ALTERNATIONS- LEVEL 2 (CHAPTER 8)

1 GENERAL (SECTION 801)

A. WORK SHALL ALSO COMPLY WITH ALTERATION-LEVEL 1

1.) NEW INTERIOR FINISHES SHALL COMPLY WITH FLAME SPREAD

REQUIREMENTS OF THE IBC AS WELL AS RADIANT FLUX REQUIREMENTS OF

THE IBC. (SECTION 602)

B. STRUCTURAL PROVISIONS SHALL APPLY FOR NEW ROOFING, SUPPORT OF

NEW ROOFTOP MECHANICAL EQUIPMENT AND NEW ELEVATOR SHAFT

(UNLESS LESS THAN 5% INCREASE) (SECTION 606).

2. FIRE PROTECTION (SECTION 804) AN AUTOMATIC SPRINKLER SYSTEM IS NOT

REQUIRED THROUGHOUT IN ACCORDANCE WITH:

A. SECTION 804.2.2: GROUP A DOES NOT MEET THE CONDITION NO. 2. THE

WORK DOES NOT EXCEED 50% OF THE FLOOR AREA.

B. SECTION 804.4.1.1: A FIRE ALARM AND DETECTION SYSTEM IS BEING

PROVIDED AND INSTALLED. MODIFIED. THESE WILL BE DEFERRED

SUBMITTALS BY THE CONTRACTOR.

1. MEANS OF EGRESS (SECTION 805)

A. MEAN OF EGRESS LIGHTING (805.7)- NEW COMPLIANT MEANS OF EGRESS

LIGHTING IS PROVIDED.

B. EXIT SIGNS (805.8)- NEW EXIT SIGNS ARE PROVIDED.

4. ACCESSIBILITY (SECTION 806)

A. EXISTING PUBLIC TOILET ROOMS ARE ACCESSIBLE .

5. STRUCTURAL (SECTION 807)

A. THE LIMITED STRUCTURAL ALTERATIONS WE ARE MAKING TO THIS FACILITY

ARE IN ACCORDANCE WITH SECTION 807.

6. ELECTRICAL (SECTION 808)

A. ALL NEW SYSTEMS COMPLY WITH 2011 MICHIGAN ELECTRICAL CODE.

7. MECHANICAL (SECTION 809)

A. ALL NEW SYSTEMS COMPLY WITH MICHIGAN MECHANICAL CODE 2012.

8. PLUMBING (SECTION 810)

A. ALL NEW SYSTEMS COMPLY WITH MICHIGAN PLUMBING CODE 2012.

6) CHANGE OF OCCUPANCY (CHAPTER 10)

1. REQUIREMENTS OF CHAPTER 10 DO NOT APPLY DUE TO THE OCCUPANCY

REMAINING THE SAME.

7) ADDITIONS (CHAPTER 11)


ADDING ANY ADDITIONS.

8) HISTORIC BUILDINGS (CHAPTER 12)

1. REQUIREMENTS OF CHAPTER 12 DO NOT APPLY BECAUSE THIS IS NOT A

HISTORIC BUILDING.

9) RELOCATED OR MOVED BUILDINGS (CHAPTER 13)


RELOCATING OR MOVING THIS BUILDING.

10) OTHER CODES

A) 2012 MICHIGAN MECHANICAL CODE

B) 2012 MICHIGAN PLUMBING CODE

C) 2014 NATIONAL ELECTRICAL CODE

D) 2012 NFPA 101 LIFE SAFETY CODE

D) ICC/ANSI A117.1-2003 ACCESSIBLE AND USABLE BUILDINGS AND FACILITIES

EXISTING BUILDING AREA REMAINS UNCHANGED

STUDENT POPULATION IS NOT CHANGING

WORK AREA COMPLIANCE METHOD: LEVEL 2 ALTERATIONS

NO CHANGE OF USE

THE BUILDING IS FULLY SPRINKLED.

ALTERATION DESCRIPTION:

INTERIOR RENOVATION OF LGI ROOM AND MEDIA CENTER: CARPET, PAINT AND

NEW CEILING.

NEW CEILING IN CAFETERIA.

REPLACEMENT OF PORTION OF THE EXISTING CORRIDOR VCT WITH NEW VCT.

NEW FINISHES IN THE EXISTING BATHROOMS.

MINOR ELECTRICAL AND MECHANICAL UPGRADES.



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WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT MOVE & TECHNOLOGY MOVE MANAGEMENT SERVICES RFP

EQUAL OPPORTUNITY STATEMENT – ATTACHMENT "F1"

F - 1

Woodhaven-Brownstown School District:

Gentlemen:

It is the publicly stated policy of _______________________________ not to discriminate against any employee,

applicant for employment, contractor, or material supplier, because of race, religion, national origin, ancestry or sex. With

regard to employment, such non-discrimination includes, but not limited to, our (my) policies of recruitment, recruitment

advertising, selection for apprenticeships or other training, rates of pay, promotion, transfer, lay-off or termination.

In all advertising for employment, subcontractors, or suppliers we (1) shall state all applicants or respondents will receive

consideration without regard to race, religion, color, national origin, ancestry or sex.

We ( I ) understand that any contract for the Woodhaven-Brownstown School District shall be in consideration of our

maintaining the above mentioned non-discrimination policy.

We ( I ) understand that we ( I ) may be required to submit further information covering the race, color and work

classification for our employees and those of subcontractors to be employed on this project.

NAME OF BIDDER (COMPANY): _____________________________________________

SIGNATURE: _____________________________________________

NAME: _____________________________________________

TITLE: _____________________________________________

WOODHAVEN BROWNSTOWN SCHOOL DISTRICT REQUEST FOR PROPOSAL (RFP) – FURNITURE MOVE & TECHNOLOGY MOVE

MANAGEMENT SERVICES FAMILIAL DISCLOSURE – ATTACHMENT "F2"

F - 2

Familial Disclosure Affidavit

The undersigned, the owner or authorized officer of ________________________

(the “Contractor”), pursuant to the familial disclosure requirement provided in the Woodhaven

Brownstown School District (the “School District”) Request For Proposals for FURNITURE

MOVE & TECHNOLOGY MOVE MANAGEMENT SERVICES FOR 2015 BOND PROGRAM, hereby represents and warrants that, except as provided below, no familial

relationships exist between the owner or any employee of the Contractor, and any member of the

Board of Education of the School District or the Superintendent of the School District. A list of

the School District’s Board of Education Members and its Superintendent may be found at

http://www.woodhaven.k12.mi.us

List any Familial Relationships:

VENDOR:

Name of Vendor

By:

Its:

STATE OF )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 2016, by

________________.

, Notary Public

______________ County,

My Commission Expires:

Acting in the County of:

WOODHAVEN-BROWNSTOWN SCHOOL DISTRICT REQUEST FOR PROPOSAL (RFP) – FURNITURE MOVE & TECHNOLOGY

MOVE MANGEMENT SERVICES IRAN ECONOMICS SANCTIONS ACT – ATTACHMENT "F3"

F - 3

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Woodhaven-Brownstown School District’ (the “School District”) Request For Proposals for FURNITURE MOVE & TECHNOLOGY MOVE MANAGEMENT SERVICES FOR 2015 BOND PROGRAM (the “RFP”), hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.

The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date it is determined that the person has submitted the false certification.

VENDOR:

Name of Vendor

By:

Its:

STATE OF )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 2017, by

________________.

, Notary Public

______________ County,

My Commission Expires:

Acting in the County of:

MOVE MANAGEMENT CONTRACT

This Contract (“Contract”) is made on _______________, 2017 (“Effective Date”),

between WOODHAVEN BROWNSTOWN SCHOOL DISTRICT, a Michigan general

powers school district (“School District”), whose address is 24821 Hall Road, Woodhaven,

Michigan 48183 and _____________________________, a ____________________________

(“Contractor”), whose address is __________________________________. The School District

and Contractor may each be referred to herein as a “Party” and collectively as the “Parties.”

RECITALS

A. The School District issued a Request For Proposal For Furniture & Technology Move Management Services for ______________ dated ______________, as amended by

[INSERT ADDENDA BY NAME AND DATE HERE] (collectively the “RFP”), the purpose of

which was to solicit proposals from qualified contractors to furnish to the School District all of

the materials, equipment and labor and all other services required to

_______________________________ as identified in the RFP in accordance with the terms and

conditions contained in the RFP and the Drawings and Specifications attached thereto (the

“Work”).

B. In response to the RFP, the Contractor submitted to the School District a Proposal

dated _______________ to perform the Work contemplated by the RFP.

C. The Parties have, in accordance with the provisions of the RFP, conducted

negotiations concerning the Contractor’s Proposal to the RFP. The Contractor’s Proposal

together with written clarifications of the Parties, if any, are attached hereto, incorporated by

reference and marked as Exhibit A (collectively referred to as the “Proposal”).

D. Pursuant to the terms of the RFP, the Contractor is required to enter into a written

contract in accordance with the School District’s written acceptance of its Proposal.

E. The Parties agree that certain terms, conditions and provisions of the RFP and the

Proposal must be further clarified and that certain additional terms and conditions need to be

expressly set forth by way of this Contract.

NOW THEREFORE, in consideration of the foregoing and the mutual covenants set forth

herein, the Parties agree as follows:

1. THE CONTRACT DOCUMENTS

(a) Incorporation By Reference. The object of this Contract is to formalize in one

document the complete agreement between the Parties, and to do so by specifically incorporating

by reference into this Contract the RFP, the Proposal and other related documents, and by

including certain additional necessary or appropriate Contract terms, particularly where the

Contract terms agreed to by the Parties during the RFP negotiation process do not correspond

with the RFP and/or the Proposal.

2

(b) Order of Precedence. The Contract Documents, which are all incorporated

herein by reference, include the following:

1. This Contract, including all Attachments hereto;

2. The RFP, including the Drawings and Specifications attached thereto; and

3. Contractor’s Proposal.

To the extent that the terms and conditions of the Contract Documents are in conflict, the terms

and conditions shall be interpreted in the above-referenced order from 1 to 3. However, the

Parties also agree that where there is not a conflict between any of the terms and conditions

contained in the above-referenced Contract Documents, all of the Contract Documents shall be

binding upon both Parties, except to the extent the exceptions contained in the Contractor’s

Proposal are not expressly accepted by the School District in writing and incorporated into this

Contract.

2. TERM AND TERMINATION

(a) This Agreement shall commence as of the Effective Date and all Work hereunder

shall be completed no later than _________________ and shall be in compliance with the Project

Schedule attached hereto as Exhibit B.

(b) Each Party shall have, in addition to all other remedies available to it, the right to

terminate this Contract upon written notice to the other Party that the other Party has committed

a substantial breach of any of its obligations herein and such substantial breach shall not have

been cured or corrected within ten (10) days following written notice of the same. Furthermore,

in addition to the rights of the School District under this Paragraph if the School District must

regularly request that the Contractor to cure breaches of this Contract, such circumstances shall

be grounds for termination of this Contract for cause, even if each breach on its own would not

be . Upon termination of this Contract by the School District for breach or default of the

Contractor pursuant to this Paragraph, the School District shall be entitled to exercise any other

right, remedy or privilege which may be available to it under applicable law or proceed by

appropriate court action to enforce the terms of the Contract or to recover damages for the breach

of this Contract. If this Contract is terminated in accordance with any of the provisions

contained herein, all rights of the Contractor under this Contract shall cease. Regardless of the

basis for termination, the School District shall neither be liable to, nor obligated to pay, the

Contractor for any incidental or consequential damages or lost profits, or costs incurred for Work

not actually performed.

(c) Notwithstanding anything contained herein to the contrary, the School District

may terminate this Contract at any time and for any reason or no reason at all upon written notice

to the Contractor.

3. INSURANCE

The Contractor shall maintain, at its expense, during the term of this Contract the

following insurance:

(a) Worker’s Compensation Insurance with statutory limits and Employer’s Liability

Insurance with a minimum limit of $1,000,000 each occurrence.

3

(b) Comprehensive General Liability Insurance with a minimum combined single

limit of $1,000,000 per occurrence and $3,000,000 in the aggregate, in the same amount made

for bodily injury and property damage. The policy is to include products and completed

operations, cross liability, broad form property damage, independent bidders, and contractual

liability coverage. The policy shall be endorsed to provide thirty (30) days written notice to the

School District of any material change of coverage, cancellation, or non-renewal of coverage.

(c) If Subcontractors are used, the Comprehensive General Liability policy shall

include coverage for independent contractors.

(d) Automobile Liability insurance covering all owned, hired, and non-owned

vehicles with personal protection insurance and property insurance to comply with the provisions

of the Michigan no-fault Insurance Law, including residual liability insurance with a minimum

combined single limit of $1,000,000 each occurrence of bodily injury and property damage.

(e) All insurance policies shall be issued by companies licensed to do business in the

State of Michigan. The companies issuing the policies must be domestic (on-shore) companies

and have an A-rating by AM Best.

(f) The Contractor shall be responsible for payment of all deductibles contained in

any insurance policy required in this Contract.

(g) Other requirements: Before performing any services, the Contractor shall

provide the insurance coverages, required herein, to the School District and must indicate:

1. A Best’s rating for each of its insurance carriers at A-VII or better,

2. “Woodhaven Brownstown School District” is endorsed as an additional

insured on the General Liability policies.

4. CONTRACTOR’S COMPENSATION Based upon the School District’s RFP and the Contractor’s Proposal, the School District shall

pay the Contractor for its Work as follows:

______________________________________________________________________

______________________________________________________________________ Under no circumstances shall the Contractor be entitled to payment for services performed on an

hourly basis, or for additional services, without the prior written consent of Owner.

The School District may withhold amounts from any payments due Contractor as a setoff or

recoupment for damages or losses incurred by the School District due to the Contractor’s

negligent acts or omissions or the Contractor’s breach of the Contract Documents.

5. INDEMNIFICATION

(a) Indemnification. The Contractor shall indemnify and hold harmless the School

District, its board members in their official and individual capacities, administrators, its

successors, assigns, employees, and agents (the “Indemnities”) from and against any and all

4

claims, costs, expenses, damages, and liabilities, including reasonable attorney’s fees, to the

extent caused in whole or in part by or arising from (i) the negligent acts or omissions of the

Constrictor, its officers, directors, employees, agents, or subcontractors; (ii) any breach of the

terms of the Contract Documents by the Contractor; or (iii) any breach of any representation or

warranty by the Contractor under the Contract Documents. The Contractor shall notify the

School District by certified mail, return receipt requested, immediately upon knowledge of any

claim, suit, action, or proceeding for which the School District or one or more of the Indemnities

may be entitled to indemnification under this Contract. The Contractor shall not be responsible

for indemnifying an Indemnitee for the Indemnitee’s negligence, but shall remain responsible to

the fullest degree of Contractor’s fault.

6. MISCELLANEOUS (a) Notices. All notices hereunder shall be in writing and shall be effective when

sent by facsimile or electronic mail (provided, however, that any notice which could materially

affect the rights of either Party shall also be sent by certified mail as provided herein) or certified

mail, return receipt requested, addressed to the addresses written below, or to such other address

as either Party may have last designated in writing in the manner herein provided. Such notice

shall be deemed given when received, but in any event no later than five (5) days after being

deposited with the U.S. Postal Service. All notices shall be sent to the following address:

If to the Contractor:

Attention:

Copy To:

If to the School District: Woodhaven Brownstown School District

24821 Hall Road

Woodhaven, Michigan 48183

(b) Assignment. This Contract and any other interest herein may not be assigned or

transferred, in whole or in part, by either Party without the prior written consent of the other

Party, which consent shall not be unreasonably withheld, and any assignment or transfer without

such consent shall be null and void. This Contract shall be binding upon the successors, and

subject to the above, assigns of either Party.

5

(c) Severability. If any provision of this Contract is held invalid or unenforceable,

the remainder of this Contract shall nevertheless remain in full force and effect. If any provision

is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless

remain in full force and effect in all other circumstances.

(d) Independent Contractor; No Joint Venture. It is expressly agreed that the

Contractor is acting hereunder as an independent contractor and under no circumstances shall

any of the employees of either Party be deemed the employees of the other for any purpose. This

Contract shall not be construed as authority for either Party to act for the other Party in any

agency or other capacity or to make commitments of any kind for the account of, or on behalf of,

the other Party, except to the extent, and for the purposes, expressly provided for and set forth

herein, and no partnership or joint venture is created hereby.

(e) Modifications. No provision of this Contract or any Exhibit hereto may be

modified without the prior written consent of both Parties.

(f) Captions. The captions used in this Contract are for convenience only and shall

not affect in any way the meaning or interpretation of the provisions of this Contract.

(g) Governing Law. This Contract shall be construed in accordance with, and its

performance governed by, the laws of the State of Michigan. The Parties hereby agree to the

exclusive jurisdiction and venue of courts sitting in Wayne County, Michigan.

(h) Taxes. Contractor is responsible for sales taxes and any other applicable taxes

related to the Work provided under this Contract.

(i) Entire Agreement. This Contract and all Exhibits and documents incorporated

herein by reference constitute the entire agreement between the Parties, and supercedes all

previous agreements, whether written or oral.

IN WITNESS WHEREOF, the undersigned have caused this Contract to be duly

executed on the dates indicated below.

CONTRACTOR:

By: ______________________________

Its: ______________________________

Date: ___________________________

SCHOOL DISTRICT:

By: ______________________________

Its: ______________________________

Date: ______________________________

EXHIBIT A

WRITTEN CLARIFICATIONS

EXHIBIT B

PROJECT SCHEDULE

200331005.1 21925/098778

200497329.1 24291/157213