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Division of Finance and Facilities Management
REQUEST FOR PROPOSAL
AND SPECIFICATIONS FOR
PROPERTY LOSS MITIGATION AND RESTORATION SERVICES
FOR WAYNE STATE UNIVERSITY
No part of this publication may be reproduced, transmitted, transcribed,
stored in a retrieval system, or translated into any language in any form
by any means without the written permission of Wayne State University.
Wayne State University
Purchasing Department
November 2, 2009
D:\Docstoc\Working\pdf\ca621c7f-a49f-43bb-a9c3-021e234f8b05.doc
Purchasing Department
5700 Cass Avenue, suite 4200
Detroit, Michigan 48202
(313) 577-3734
Division of Finance and Facilities Management FAX (313) 577-3747
November 2, 2009
Dear Vendors:
Wayne State University invites you to participate in the Request for Proposal process for Property Loss Mitigation,
Restoration & Reconstruction Services related to planning and reacting to disasters and recovery of damaged property
and University assets at the University’s main and remote campus locations. This service is expected to commence
on December 15, 2009.
We have a bid information package complete with the Request for Proposal and complete specifications available for
downloading from the University Purchasing Web Site at
http://www.forms.purchasing.wayne.edu/Adv_bid/Adv_bid.html (include capitalization and underscores) as of
November 2, 2009. When visiting the Web Site, click on the “Service” link in green. Copies of the RFP will not be
available at the pre-proposal meeting. If you are interested in participating in this process, it is mandatory that you
and/or responsible representatives of your organization attend our pre-proposal meeting and site visit to be held:
Monday, November 9, 2009 at 10:30 a.m.
Wayne State University
Academic /Administration Building (AAB)
5700 Cass Avenue
th
4 Floor – Conference Room 4400
Detroit, MI 48202
** Vendors who would like to Conference Call into the meeting must complete the Registration Form (Appendix
2) enclosed with the RFP.
For your convenience a map of the University and appropriate parking lots can be downloaded and printed from:
http://campusmap.wayne.edu. Guest parking in any of the University student and guest lots for $4.25 (change is
dispensed in quarters). Due to time constraints, Vendors are encouraged to avoid parking at meters on the street
(especially blue “handicapped” meters). Please confirm your attendance at the mandatory pre-proposal meeting by
faxing your intent to participate (or not to participate) by using Appendix 2 to Ms. Pat Milewski at (313) 577-3747 - no
later than noon on November 6, 2009.
We hope to see you at the mandatory meeting. Please bring your business cards and a copy of this Request for
Proposal for your reference during the meeting. Should you have any questions or concerns about this invitation, please
contact me at (313) 577-3733 or email: aa4436@wayne.edu. Thank you for your interest in doing business with Wayne
State University.
Sincerely,
Joan Gossman, C.P.M.
Director of Purchasing
Enc.
Purchasing Department
5700 Cass Avenue, suite 4200
Detroit, Michigan 48202
(313) 577-3734
Division of Finance and Facilities Management FAX (313) 577-3747
Pre-Proposal Meeting for Providing
Property Loss Mitigation & Restoration Services- 2010
Monday, November 9, 2009– 10:30 a.m.
AGENDA
I. Welcome and Introductions
A. Wayne State University Representatives
B. Vendor Representatives
C. Sign in Sheet- be sure to include your fax number and email address (LEGIBLY) on the
sign in sheet
D. Pass your business cards to: Joan Gossman, C.P.M.
II. Brief Overview of Wayne State University
A. Purpose and Intent of Property Loss Mitigation & Restoration Services RFP
B. Detailed review of the RFP and the requirements for a qualified response.
C. Review of all pertinent dates and forms that are REQUIRED for a qualified response.
III. Vendor Questions/Concerns/Issues
A. Questions that can be answered directly by the appropriate person in this meeting will be
answered and both question and answer will be recorded in the minutes of the meeting.
B. Questions that need to be researched will be answered and a nature of clarification will
be faxed to each VENDOR present.
C. Minutes will be emailed to all participants of the meeting within a reasonable amount of
time. (be sure to include your email address/addresses on the sign in sheet).
D. Questions and concerns that come up after this meeting are to be addressed to Joan
Gossman, C.P.M. (aa4436@wayne.edu) and / or Ken Doherty (ac0578@wayne.edu) ,
Purchasing Department. Discussion with other University members is seriously
discouraged and may lead to disqualification from further consideration. All questions
and answers will be recorded and emailed to all participants of the RFP.
E. Due date for questions is November 16, 2009, 12:00 pm.
IV. Proposal Due Date- November 23, 2009 by 4:00 p.m.
V. Final Comments
VI. Adjourn
REQUEST FOR PROPOSAL FOR PROPERTY LOSS MITIGATION & RESTORATION - 2010
FOR WAYNE STATE UNIVERSITY
TABLE OF CONTENTS
Page No.(s)
Note ii
I. Introduction 1, 2
II. Information for Vendor 2
A. General 2
B. Calendar of Events 2, 3
C. Mandatory Pre-Proposal Meeting 3
D. Examination of the RFP 3
E. Delivery of Proposals 3, 4
F. Proposal Format 4, 5
G. Proposal Evaluation 5, 6
H. Vendor Profile, Experience, References, and Lost Accounts 6-8
III. General Requirements and Guidelines 8
A. Time Period 8
B. Terms and Conditions 8
C. Governing Law (Michigan) 8
D. Non-Discrimination 9
E. Immigration Reform and Control Act of 1986 9
F. Debarment Status 9
G. Indemnification and Hold Harmless 9
H. Vendor Liability 9
I. Early Termination 9, 10
J. Cancellation of Contract by VENDOR 10
K. Joint or Partnering Bids/Proposals 10
L. Non-Assignment 10
M. Cost Schedules 10, 11
N. Pricing Variances 11
O. Civil Rights Requirements 11
P. Vendor Payment / Billing Terms 11
Q. Non-Collusion Clause 11
R. Entire Agreement 12
S. Severability 12
T. Modification of Services 12
U. Publicity 12
V. Independent Contractor 12
W. Confidentiality 12
X. Insurance Requirements 12
Y. Minority Business 13
Z. Ownership of Documents 13
AA. Prevailing Wage Rates 13 - 15
AB. Project Labor Agreements (Deleted) 15
AC. Buy American 15
IV. Statement/Scope of Work 16, 17
V. Vendor Response Plan 17 - 20
VI. Technical Service Requirements & Specifications 20, 21
VII. Wayne State University Responsibilities 21, 22
VIII. Final Results 22
IX. Vendor Service Plan 22
X. Summary of General Mandatory Requirements 23
SCHEDULES TO BE COMPLETED & SUBMITTED WITH VENDOR PROPOSAL
Schedules A1, Proposal Certification
Schedules A2, Non-Collusion Affidavit
Schedules A3, VENDOR Acknowledgements
Schedule B, Insurance Requirements
Schedules C.1 Labor Rate Schedule
Schedules C.2 Equipment Rate Schedule
Schedules C.3 Water/Mold Remediation Rate Schedule
Schedules C.4 Chemical Rate Schedule
Schedules C.5 Consumables Rate Schedule
Schedules C.6 Vendor’s Mold Remediation Pricing List
Schedules C.7 Vendor’s Fire, Smoke & Odor Removal Pricing List
Schedules C.8 Vendor’s Reconstruction Services Pricing List
Schedule D, Summary Questionnaire
APPENDICES
Appendix 1, Wayne State University Map – (see website: http://campusmap.wayne.edu)
Appendix 2, Registration/ Intent Form
Appendix 3, Instructions to Awarded Vendors
Appendix 4, Sample Agreement Between the University and Contractor
For Construction Services
EXHIBITS TO BE PREPARED AND PROVIDED WITH VENDOR PROPOSAL(S)
Exhibit 1, Exceptions/Restrictions; if any (Section II G)
Exhibit 2, Profile/Experience/Resume’s/References (Section II H)
Exhibit 3, Company & Staff Certifications
Exhibit 4, Inventory of Equipment Owned & Stored In Metropolitan Detroit
Exhibit 5, Sample Blank Drying Chart
Exhibit 5a, Sample Drying Chart with showing Psychometric Drying Conditions &
Equipment Quantity Calculations
Exhibit 6, Sample of Standard Mold Remediation Protocol
Exhibit 7, Sample of Standard Fire & Odor Removal Protocol
Exhibit 8, Sample of Standard Customer Acknowledgements,
Work Authorizations, & Reports
NOTE
Proposals may be subject to public review after contracts have been
awarded. Vendors responding to this proposal are cautioned not to
include any proprietary information as part of their proposal unless such
proprietary information is carefully identified as such in writing, and the
UNIVERSITY accepts, in writing, the information as proprietary.
ii
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I. INTRODUCTION
A. Wayne State University (hereafter referred to as UNIVERSITY) is a national research university with
an urban teaching and service mission. It is a constitutionally autonomous public university with 13
schools and colleges, has an enrollment of approximately 31,000 students, and has an alumni
roster of over 230,000. It is one of 2.2 percent of all colleges and universities, nationwide, to hold the
prestigious Carnegie Doctoral Extensive designation.
B. The Purchasing (PD) Department of the UNIVERSITY is soliciting proposals from Property Loss
Mitigation & Restoration service companies, hereafter referred to as VENDOR(s), who specialize in
providing emergency response mitigation, restoration, replacement & reconstruction
services. Successful vendors will be qualified through formal training and experience to effectively
handle emergency mitigation, restoration and reconstruction services to minimize property damage
associated with floods, fires, smoke, major & minor water extraction, mold remediation,wind and
storm damage and catastrophic events. Moreover, the vendor will adequately document each loss
and the return of UNIVERSITY property and contents to normal conditions to ensure that future
problems will not be experienced. Services will commence on or about December 15, 2009.
The University reserves the right to make multiple awards based on the Proposals received.
This Request For Proposal (RFP) outlines basic requirements as specified in the Scope of Work
section of the RFP (Section IV). Proposals submitted are to be in accordance with the outline and
specifications contained herein and are to remain in effect a minimum of 120 days from the date of
submission. A statement to this effect should be contained in the VENDOR'S cover letter.
The contract(s) will cover an initial time period of December 15, 2009 through September 30, 2010,
with the UNIVERSITY option to renew for up to two (2) one-year periods. Should VENDOR
performance prove to be satisfactory, services may continue through September 30, 2012. Such
arrangement would be for firm pricing from December 15, 2009 through September 30, 2010, and
maximum pricing guaranteed for the optional two years. The entire contract period will be in
accordance with pricing as quoted on Schedules C Cost Schedule (attached).
Vendor selected shall have an excellent track record for handling Property Loss Mitigation &
Restoration Services of our size and scope and shall provide WAYNE STATE UNIVERSITY with a
top priority commitment. Vendor must be able to respond 24/7 to calls to perform emergency
mitigation services.
C. The UNIVERSITY reserves the right to accept, reject, modify, and/or negotiate any and all
proposals received in conjunction with the Request for Proposal. It reserves the right to waive
any defect or informality in the Proposals on the basis of what it considers to be in its best interests.
Any proposal which the UNIVERSITY determines to be incomplete, conditional, obscure, or has
irregularities of any kind, may be rejected. The UNIVERSITY reserves the right to award to the firm,
or firms, which in our sole judgment, will best serve our long-term interest.
D. This Request for Proposal (RFP) in no manner obligates the UNIVERSITY to the eventual
purchase of any products or services described, implied, or which may be proposed, until confirmed
by written agreement, and may be terminated by the UNIVERSITY without penalty or obligation at
any time prior to the signing of an Agreement or Purchase Order.
E. Expenses for developing and presenting proposals shall be the responsibility of the VENDOR and
shall not be chargeable to the UNIVERSITY. All supporting documentation and manuals submitted
with this proposal will become the property of the UNIVERSITY unless otherwise requested by the
VENDOR, in writing, at the time of submission, and agreed to, in writing, by the UNIVERSITY.
F. All questions concerning this Request for Proposal are to be directed to Joan Gossman, C.P.M.,
Director of Purchasing, Email; aa4436@wayne.edu and to Kenneth Doherty, C.P.M., Associate
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Director of Purchasing, Email; ac0578@wayne.edu. Copy both Joan and Ken on all E-Mail
questions. The deadline for questions is Noon (12:00 P.M.) on November 16, 2009. Under no
circumstances may a VENDOR contact other individuals at the UNIVERSITY, or its consultants to
discuss any aspect of this RFP, unless expressly authorized by the Purchasing Department to do
so.
II. INFORMATION FOR VENDOR
A. General
This RFP contains requests for information. VENDORS, however, in responding to this RFP, are
encouraged to provide any additional information they believe relevant.
VENDORS are encouraged to examine all sections of this RFP carefully, in that the degree of
interrelationship between sections is high. Clause headings appearing in this RFP have been
inserted for convenience and ready reference. They do not purport to define, limit or extend the
scope of intent of the respective clauses.
Whenever the terms "must" "shall" "will" "is required" or "are required" are used in the RFP, the
subject being referred to is to be a required feature of this RFP.
In those cases where mandatory requirements are stated, material failure to meet those
requirements could result in disqualification of the VENDOR'S response. Any deviation or
exception from RFP specifications must be clearly identified by the VENDOR in its proposal,
specifically under the category "Restricted Services". Otherwise, check the box indicating
"None" on the Proposal Certification Schedule A.1.
B. Calendar of Events
Activity____________ Responsibility ___ Date____
Formal Release of RFP – Property Loss Purchasing (PD) November 2, 2009
Mitigation & Restoration Services 2010
Mandatory Pre-Proposal Meeting held at PD/Evaluation Team November 9, 2009
the Academic Administration Bldg, 5700 (ET)/Vendors 10:30 a.m.
th
Cass Avenue, 4 Floor – Conference
Room 4400, Detroit, MI
Questions due to the Purchasing VENDORS November 16, 2009
Department
Delivery of Proposals to Purchasing VENDORS November 23, 2009
Department, Academic/Administration by 4:00 p.m.
th
Bldg., 5700 Cass Avenue, 4 Floor – Suite
4200, Detroit, MI
Evaluation of Proposals PD/ET Week of November 23, 2009
Vendor Presentations PD/ET To Be Determined.
Announcement of Selected Vendor PD December 4, 2009
Commencement of Service Vendors December 15, 2009
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The UNIVERSITY will make every effort to adhere to the above schedule. It is subject however, to
time extensions. This would be in the event that further clarification of responses or terms of
contract are in the best interest of the UNIVERSITY and in the event the UNIVERSITY requires
more time to assure that the selection of the VENDOR is in accordance with its policies, rules and
regulations as well as actual timing needs.
C. Mandatory Pre-Proposal Meeting
You are invited to attend a mandatory Pre-Proposal Meeting on November 9, 2009 at 10:30 a.m.
th
in the Academic/Administration Building, 5700 Cass Avenue, 4 Floor – Conference Room 4400,
Detroit, Michigan 48202, as a condition for submitting a proposal. Pre-registration for the meeting is
to be made on or before Noon on November 6, 2009. Please fax Appendix 2 to attention Ms. Pat
Milewski at (313) 577-3747 to confirm your attendance.
** Vendors who would like to Conference Call into the meeting must complete the
Registration Form (Appendix 2) enclosed with the RFP.
During this meeting, we will answer any questions you may have to clarify any ambiguities in this
Request for Proposal.
Answers to questions that cannot be answered during this meeting will be emailed to all VENDORS
and posted to the University website as soon as they are obtained. Please bring your business
cards with Fax numbers and E-Mail Addresses to the PRE-BID meeting.
D. Examination of the Request for Proposal
Before submitting proposals, each VENDOR will be held to have examined the UNIVERSITY
requirements outlined in the Statement of Work section and satisfied itself as to the existing
conditions under which it will be obligated to perform in accordance with specifications of this RFP.
No claim for additional compensation will be allowed due to unfamiliarity with the specifications
and/or existing conditions. It shall be understood that the VENDOR has full knowledge of all of the
existing conditions, and accepts them "as is."
E. Delivery of Proposals (10-30-2009)
An original (clearly marked as such) plus two copies (3 total) of concise proposals in booklet or
notebook form with supporting documentation shall be delivered in a sealed envelope or container
to the UNIVERSITY Purchasing Department.
In addition, an electronic version is required, which should be submitted to our secure mailbox at
rfp@wayne.edu and be sure your subject line reads “(company name) RFP Property Loss
Mitigation Response”. The electronic submission should be limited to no more than one of each of
the following file types: 1 Word Document and/or 1 Excel Workbook and/or 1 PDF document, with a
total file size less than 20 megabytes. If your submission was sent correctly, you will receive an
auto-reply message acknowledging receipt of your Proposal. If you do not receive an auto-reply
message, check the address you used and resubmit your Proposal. However, in the event a
discrepancy exists between the electronic submission and the original copy of the Vendor’s
Response Proposal, the original copy will prevail.
Please note – Your RFP submission is not valid unless we receive both the hard copy and the
electronic copy on or before the due date and time.
The specific format for responses is detailed in Section II F (below). Proposals and Schedule C,
Cost Schedule must be signed and the authority of the individual signing must be stated thereon.
All responses are to be addressed to:
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ATTN.: Joan Gossman, C.P.M.
Wayne State University-RFP – Property Loss Mitigation & Restoration
Services – 2010
Purchasing Department
th
5700 Cass Avenue, 4 Floor – Suite 4200
Detroit, MI 48202
And: E-mail a copy to RFP@wayne.edu /
subject line: “(company name) RFP Property Loss Mitigation
Response”
Deadline for receipt of proposals by the Purchasing Department is November 23, 2009 by 4:00
p.m. Date and time will be stamped on the proposals by the Purchasing Department. Proposals
received after that time will not be accepted. VENDORS submitting proposals after the due date
and time will be required to retrieve the unopened proposals. No details of the proposal will be
divulged at the time of opening.
F. Proposal Format
Proposals are to be submitted as a booklet or in notebook form with appropriate indices. Each
proposal should be prepared simply and economically, providing a straightforward concise
description of the VENDOR'S services, approach and ability to meet the UNIVERSITY’S needs as
stated in this RFP. Schedules and Exhibits must clearly identify and well define:
Schedules are provided in this package
Schedule A1- Proposal Certification
Schedule A2- Non Collusion Affidavit
Schedule A3- VENDOR Acknowledgements
Schedule B - Insurance Requirements
Schedule C.1 - Labor Rate Schedule
Schedule C.2 - Equipment Rate Schedule
Schedule C.3 - Water/Mold Remediation Rate Schedule
Schedule C.4 - Chemical Rate Schedule
Schedule C.5 - Consumables Rate Schedule
Schedule C.6 - VENDOR’S Mold Remediation Pricing List
Schedule C.7 - VENDOR’S Fire, Smoke & Odor Removal Pricing List
Schedule C.8 - VENDOR’S Reconstruction Services Pricing List
Schedule D - Summary Questionnaire
Additional Exhibits are created by Vendors as needed:
Exhibit 1 - Exceptions/Restrictions; if any (Section II G)
Exhibit 2 - Profile/Experience/Resume’s/References (Section II H)
Exhibit 3 - Company & Staff Certifications
Exhibit 4 - Inventory of Equipment Owned & Stored In Metropolitan Detroit
Exhibit 5 - Sample Blank Drying Chart
Exhibit 5a - Sample Drying Chart with Psychometric & Equipment Quantity
Calculations
Exhibit 6 - Sample of Standard Mold Remediation Protocol
Exhibit 7 - Sample of Standard Fire & Odor Removal Protocol
Exhibit 8 - Sample of Standard Customer Acknowledgements,
Work Authorizations, & Reports
5
Care should be exercised in preparation of the proposals since it is the UNIVERSITY'S intent to
have the final contract documentation consist of the RFP, VENDOR Proposal, any letters of
clarification, and a one or two page enabling Signatory Document and/or Purchase Order.
Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a
complete and effective quotation are not desired. Elaborate art work, expensive paper and bindings
and expensive visual or other presentation aids are neither necessary nor desired.
G. Proposal Evaluation
1. Proposals will be evaluated and award will be based on the VENDOR'S ability to offer the best
value (productivity improvement, service, cost), and on anticipated quality of service and safety
aspects based upon the following principal elements:
Ability to meet all mandatory requirements and specifications of this RFP;
Cost of Services; Compensation and Fees; (Schedule C; Exhibits 6 & 8)
Demonstrated Capacity to Handle Major Expediting and Extra Ordinary Service Needs;
Financial Strength of the Vendor;
Proposal Documentation / Presentation;
Safety Aspects of Proposed Mitigation & Restoration Response Plan;
VENDOR'S Experience in 1 - Property Loss Mitigation & Restoration Services with
Major University and other Building Settings (i.e. Commercial or Disaster Preparedness);
(Exhibit 2)
VENDOR Profiles/References; (Exhibit 2)
VENDOR Service Support and Record Keeping (Including Administration Notebook and
Emergency Response logistical plans);
NOTE: Evaluation Criteria are in alphabetical order and are not stated in order of
preference.
VENDOR proposals will be evaluated by an evaluation team consisting of members of the
UNIVERSITY’S Purchasing, Risk Management and Facilities Planning & Management
departments. A preliminary screening will be used to identify competitive VENDORS who have
met the mandatory requirements. The Purchasing Department may subsequently request
selected VENDORS to make a presentation at a set time and date, to clarify information
provided in the proposals. Final consideration, evaluation, and recommendation may be made
at this point. However, the UNIVERSITY reserves the right to take additional time for reference
review, site visits and/or proposal negotiations.
2. To qualify for evaluation, a VENDOR'S proposal must be responsive, must have been submitted
on time and must materially satisfy all mandatory requirements identified throughout the RFP.
To be considered responsive, a proposal must be reasonable and substantially conform in the
judgment of the UNIVERSITY to all of the specified requirements in the RFP. Any deviation
from requirements indicated herein must be stated in the proposal specifically under the
category "Restricted Services", and clearly identified as Exhibit 1. Otherwise it will be
considered that proposals are in strict compliance with all requirements, and any successful
VENDOR will be held responsible therefor.
3. If there are portions of any proposal the UNIVERSITY finds unacceptable or otherwise in need
of clarification or revision, the UNIVERSITY reserves the right to negotiate with any or all
VENDORS. Should the outcome of evaluations result in a recommendation, any resultant
contract shall be subject to the approval of the UNIVERSITY’S General Counsel and be
approved and signed by the appropriate UNIVERSITY representative.
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4. After notification of acceptance of proposal and the signing of a resultant agreement and/or
Purchase Order, the successful VENDOR will be expected to establish and be in a
position to provide Property Loss Mitigation & Restoration Services commencing on or
before December 15, 2009.
H. Vendor Profile, Experience, References and Lost Accounts
1. Vendor Profile should include:
VENDOR is required to provide organizational data that demonstrates the size, scope and
capability of the Company to handle the UNIVERSITY'S specific requirements specified in this
RFP.
VENDOR is required to identify all organizational components and other Companies or
Organizations with which it is affiliated. Include component and other company addresses.
Explain any company relationships that could be construed to be a conflict of interest in doing
business with the UNIVERSITY now or in the future. Indicate any significant past or pending
lawsuits or malpractice claims against the VENDOR.
Upon University request, VENDOR must agree to provide independently audited financial
statements including its statement of financial position, statement of operations, and statement
of cash flows for at least the past two years. Such financial information will be treated in strict
confidence. Vendor must further agree to permit the UNIVERSITY, upon request, to audit
VENDOR's books as related to the Wayne State University account.
Failure to agree to this will result in disqualification of your bid.
When financial information is requested, VENDORS who would like their financial statements
returned to them must include a self-addressed envelope marked "Confidential" with their
financial statement. Requested Financials should be sent to:
Joan M. Gossman, C.P.M.
Wayne State University-RFP – Property Loss Mitigation & Restoration
Services 2010
Purchasing Department
th
5700 Cass Avenue, 4 Floor – Suite 4200
Detroit, MI 48202
2. Experience
The successful VENDOR shall be an organization that has an excellent record as an external
provider of the services in the type and scope detailed in this RFP. Accordingly, VENDORS are
to state in their proposals their qualifications to meet the RFP specifications in terms of
past and current experience with the same or similar requirements. This information should be
provided in the VENDOR’S Exhibit 2 of their proposal. VENDORS are to focus on experiences
with organizations having needs similar to that of the UNIVERSITY
a. Proposers responding to this RFP must be licensed and/or authorized to do business in
Michigan as a Michigan Residential Builder and Maintenance & Alteration Contractor and
have at least 7 years experience in Emergency Response Property Loss Mitigation &
Restoration Services in Michigan. Proposer qualifications must be included as an exhibit to
your proposal.
b. Please submit an inventory list of all equipment owned and warehoused in the
Metropolitan Detroit Area for use in property loss & mitigation services as Exhibit, 4,
INVENTORY OF EQUIPMENT OWNED & STORED IN METROPOLITAN DETROIT. The
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list shall include, but not be limited to: thermal foggers, air scrubbers, ozone machines,
hepa vacuums, water extraction equipment (portable and truck mounted), dehumidifiers,
blowers, moisture detection devices, air scrubbers, etc.
c. Please submit a list of company and staff certifications. Examples include Institute of
Inspection Cleaning and Restoration Certification [I.I.C.R.C] and/or Indoor Air Quality
Association [IAQA] Certifications.
d. Vendor must be willing to respond 24/7 to calls to perform emergency services.
e. BOARD-UP
Non-fire related Board Up Services are not included in the proposal scope of services.
This work scope shall be performed by UNIVERSITY personnel.
f. WATER MITIGATION
Must have experience in water damage mitigation and applied structure drying. Must be
able to assess loss damage and mitigation needs, extract water from property, set up
drying equipment, and monitor loss drying process.
Responders must be experienced with psychometrics and equipment placement to
measure and quantify the drying to ensure that materials are at normal moisture levels
before removing dehumidification equipment.
Please submit a summary of your firm's capability in this area along with sample
blank and completed drying charts showing equipment placement and
psychometric calculations utilized to determine equipment quantities and
placement based upon ambient conditions and dehumidificaiton requirements as
Exhibits 5, SAMPLE DRYING CHART and Exhibit 5a, SAMPLE DRYING CHART
WITH PSYCHOMETRIC & EQUIPMENT QUANTITY CALCULATIONS
g. MOLD REMEDIATION
Experience with mold contamination and remediation is required. Experience must
include setting up mold contamination containment, setting up remediation equipment,
and removing contamination per protocols.
Responders must have a thorough understanding and assessment of critical needs to
establish a reasonable approach in the remediation of mold issues under various
scenarios.
In order to demonstrate compliance with this requirement; please include mold
remediation experience and certifications as Exhibit 3, COMPANY & STAFF
CERTIFICATIONS.
h. FIRE, SMOKE AND SOOT CLEANUP AND RESTORATION
Must have experience in fire, smoke and soot cleanup and restoration. Must include
experience in determining the source of the fire/smoke/soot; identifying areas that have
been affected, board-up services; determining restorability of contents, inventorying,
structural and contents cleaning & deodorization, window cleaning, propper structure
preparation for restoration or reconstruction services.
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i. RECONSTRUCTION
Must be experienced in managing all aspects of the of the replacement reconstruction
process required for mitigation of damage and expediant restoration of WSU operations.
3. References
VENDORS are to furnish a minimum of three (3) qualified references to support their
proposals. References are to be from organizations that are not part of the VENDOR'S
organization and that closely parallel the needs stated in this RFP. References are to be from
organizations that have successfully utilized the products and services which the VENDOR has
offered in its proposal(s).
The references supplied should include the name and address of the organization, the name(s),
titles, and the telephone numbers of the persons to be contacted and a general scope of the
product or services provided including the approximate annual aggregate dollar volume
involved.
4. Lost Accounts
A list of significant accounts that the VENDOR has lost during the past three (3) years is to be
provided. "Significant" for this purpose shall be construed to mean accounts representing
billings by the VENDOR in the range of $50,000.00 or more each year. A lost account can be
defined when the vendor has been terminated on a job because of performance or
default. Contact names and telephone numbers of affected Companies must be provided d.
III. GENERAL REQUIREMENTS AND GUIDELINES
A. Time Period
Ability of the VENDOR to provide long term continuity in quality service is an essential aspect of this
contract. The contract(s) will cover an initial time period of December 15, 2009 through September
30, 2010, with the UNIVERSITY option to renew for up to two (2) one-year periods. Should
VENDOR performance prove to be satisfactory, services may continue through September 30,
2012. Such arrangement would be for firm pricing from December 15, 2009 through September 30,
2010, and maximum pricing guaranteed for the optional two years. The entire contract period will be
in accordance with pricing as quoted on Schedules C, Cost Schedule (attached). Separate
Purchase Orders and/or agreements will be issued for each year during the life of the agreement.
B. Terms and Conditions (2-23-2009)
The Proposal response must include a formal copy of any VENDOR'S terms and conditions
applicable to this transaction. Evaluation and acceptance and/or modification of these terms and
conditions by the University's General Counsel is essential prior to the award of the contract. If
supplied, this should be included in Exhibit 1 of the Vendor’s proposal. In the event the VENDOR
does not supply terms and conditions with their proposal, the University's terms and conditions will
govern this transaction.
C. Governing Law (Michigan)
VENDOR agrees that, in the event of a dispute, laws of the State of Michigan will prevail.
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D. Non-Discrimination
The parties agree that in the performance of any contract they shall not discriminate in any manner
on the basis of race, creed, color, national origin, age, religion, sex, sexual orientation, marital status
or handicap protected by law. Such action shall include, but is not limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation. By submitting a proposal, VENDORS
certify that they will conform to the provisions of the Federal Civil Rights Action of 1964, as
amended.
E. Immigration Reform and Control Act of 1986
By submitting a proposal, the VENDORS certify that they do not and will not during the performance
of this contract employ illegal alien workers or otherwise violate the provisions of the federal
Immigration Reform and Control Act of 1986.
F. Debarment Status (6-12-2009)
By submitting a proposal, VENDORS certify that they are not currently debarred from submitting
bids on contracts nor are they an agent of any person or entity that is currently debarred from
submitting bids on contracts. The University’s Department Policy can be found at
http://www.purchasing.wayne.edu/Debarred_Vendors.html. Information on Debarment can be
found at http://www.michigan.gov/buymichiganfirst/0,1607,7-225-48677-20042--,00.html. The
Federal Debarred Vendor List (Excluded Parties List System) and related links can be found at
http://www.epls.gov/.
G. Indemnification and Hold Harmless
The VENDOR shall defend, indemnify and hold harmless the UNIVERSITY, its officers, employees
and agents, against any and all liability of whatever nature which may arise directly or indirectly by
reason of the VENDOR'S performance under this Agreement.
H. Vendor Liability
The VENDOR will be liable for any associated costs of repairs for damage to buildings or other
UNIVERSITY property caused by the negligence of the VENDOR'S employees.
I. Early Termination by the University
The UNIVERSITY shall have the right to terminate the contract with the VENDOR without penalty
after the UNIVERSITY’S thirty (30) days written notice of termination to the VENDOR under the
following circumstances:
1. Default of VENDOR
It shall be considered a default whenever the VENDOR shall:
a. Disregard or violate material provisions of the contract documents or UNIVERSITY
instructions, or fail to execute the work according to the agreed upon schedule of
completion and/or time of completion specified, including extensions thereof, or fail to reach
agreed upon performance results.
b. Declare bankruptcy, become insolvent, or assign company assets for the benefit of
creditors.
2. Convenience of the UNIVERSITY
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When termination of the contract services is construed by the UNIVERSITY to be in its best
interest for serving the community and its students, faculty, and staff.
Note: Any contract cancellation notice shall not relieve the VENDOR of the obligation to deliver
and/or perform prior to the effective date of cancellation.
J. Cancellation of Contract by VENDOR
VENDOR must provide a minimum of ninety (90) days written notice of cancellation of contract to
the UNIVERSITY regardless of the reason for said termination. Such notification must be sent to:
Joan M. Gossman, C.P.M.
Wayne State University-RFP – Property Loss Mitigation & Restoration
Services 2009
Purchasing Department
th
5700 Cass Avenue, 4 Floor – Suite 4200
Detroit, MI 48202
K. Joint or Partnering Bids/Proposals
A joint bid/proposal, submitted by two or more Vendors proposing to participate jointly in
performance of proposed work may be submitted. To be considered responsive, any such joint
bid/proposal must respond to all the requirements of this RFP/ However, a single Vendor must be
clearly identified as the “Primary Vendor” who will assume primary responsibility for performance of
all other joint Vendors and all subcontracts to every level. The Primary Vendor must identify
themselves as such and submit the proposal under their company name and signature. If a
contract is awarded in response to a joint bid/proposal, the Primary Vendor must execute the
contract and all Partner Vendors must verify in writing that the Primary Vendor is authorized to
represent them in all matters relating to the contract. At least one of the Vendors must have
attended any and all mandatory Pre-Proposal or other meetings. The University assumes no
responsibility or obligation for the division of orders or purchases among joint contractors.
L. Non-Assignment
The agreement shall be between the UNIVERSITY and the VENDOR and the VENDOR shall
neither assign nor delegate the agreement, its rights or obligations, or any of its terms without the
express written permission of the UNIVERSITY.
M. Cost Schedules
VENDOR is to quote its rates for the products and services in accordance with specifications set
forth in this Request for Proposal. Rates and other requested data must be stated on or in the exact
format of Schedule C, Cost Schedule. For the VENDOR'S convenience, Schedule C and related
Appendicies are being provided on our website using Microsoft Word and Excel, version 2003 at the
mandatory pre-proposal meeting. VENDORS are encouraged to use electronic Excel file and return
a completed copy with their proposal.
Pricing lists for Mold Remediation and Fire, Smoke and Odor Removal shall be submitted as
Schedule C.6, MOLD REMEDIATION PRICING LIST and Schedule C.7, FIRE, SMOKE & ODOR
REMOVAL PRICING LIST respectively. Reconstruction Services shall be submitted as Schedule
C.8, RECONSTRUCTION SERVICES.
The contract(s) will cover an initial time period of December 15, 2009 through September 30, 2010,
with the UNIVERSITY option to renew for up to two (2) one-year periods. Should VENDOR
performance prove to be satisfactory, services may continue through September 30, 2012. Such
arrangement would be for firm pricing from December 15, 2009 through September 30, 2010, and
11
maximum pricing guaranteed for the optional two years. VENDORS must state maximum price
increases on Cost Schedule C.
Please Note: VENDORS must respond using Schedule C, Cost Schedule. Failure to do
so will result in disqualification of your Proposal. VENDOR shall be responsible for all errors
and omissions.
N. Pricing Variances
No changes shall be made, nor invoices for extra changes, alterations, modifications, deviations,
and extra orders be recognized or paid except upon a written change order from the UNIVERSITY.
The UNIVERSITY will not authorize payment for changes, alterations, modifications, deviations, etc.
that are a result of VENDOR error.
O. Civil Rights Requirements
All VENDORS must be in compliance with the directives of the Michigan Department of Civil Rights.
The Department of Civil Rights web address is http://www.michigan.gov/mdcs/0,1607,7-147-
6881---,00.html
P. Vendor Payment/Billing Terms
Payments of invoices will be made fifteen (15) days after receipt of invoice and approval by the
University Facilities Planning & Management Department.
A maximimum of two invoices are permitted per loss incident- one (1) for emergency response
mitigation services and one (1) for replacement, restoration, or reconstruction services.
Phase 1 - Mitigation Services are defined as those services that identify the source of the property
loss, remove it to prevent further loss.
Phase 2 – Restoration Services shall be defined as replacement and reconstruction services that
restore the site to pre-loss condition.
Invoicing for vendor payment shall be as follows:
(a) Phase 1 - Property Loss Mitigation
(i) A single invoice shall be submitted for property loss mitigation services for each loss
incident. Partial invoicing is not permitted.
(ii) VENDOR must submit invoice for emergency response mitigation services to the
University within ten (10) days of the initial loss incident response.
(b) Phase 2 – Restoration/Replacement Services
(i) A single invoice shall be submitted for restoration, replacement or reconstruction services
within five (5) business days after notice of completion of the restoration/replacement
work scope. Partial invoicing is not permitted.
Q. Non-Collusion Clause (1-30-08)
The Proposal Certification, Schedule A1, Non-Collusion Affidavit, Schedule A2, and Vendor
Acknowledgements, Schedule A3, must be executed as a part of the VENDOR'S proposal.
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R. Entire Agreement
An agreement, when fully executed, shall supersede any and all prior and existing agreements,
either oral or in writing, and will contain all the covenants and agreements between the parties with
respect to the subject matter of this agreement. Any amendment or modification to this agreement
must be in writing and signed by the parties hereto.
S. Severability
It is understood and agreed that if any part, term, or provision of this agreement is by the courts held
to be illegal or in conflict with any law of the State of Michigan, the validity of the remaining portions
or provisions shall be construed and enforced as if the Agreement did not contain the particular part,
term, or provision held to be invalid.
T. Modification of Service
The UNIVERSITY reserves the right to modify the services during the course of the contract. Any
changes in pricing and rates proposed by the VENDOR resulting from such changes are subject to
acceptance by the UNIVERSITY.
In the event prices and rates cannot be negotiated to the satisfaction of both parties, the
contract may be subject to competitive bidding based upon the new specifications.
U. Publicity
VENDORS must refrain from giving any reference to this project, whether in the form of press
releases, brochures, photographic coverage, or verbal announcements, without specific written
approval from the UNIVERSITY.
V. Independent Contractor
The VENDOR agrees that in all respects its relationship with the UNIVERSITY will be that of an
independent contractor, and that it will not act or represent that it is acting as an agent of the
UNIVERSITY or incur any obligation on the part of the UNIVERSITY without written authority of the
UNIVERSITY.
W. Confidentiality
Proposals could be subject to public review after the contracts have been awarded. VENDORS
responding to this proposal are cautioned not to include any proprietary information as part of their
proposal unless such proprietary information is carefully identified as such in writing, and the
UNIVERSITY accepts, in writing, the information as proprietary.
X. Insurance Requirements (10-5-2009)
VENDORS must provide Certificates of Insurance or other evidence that insurance is in place. If
awarded a contract, VENDOR must then provide a Certificate of Insurance naming Wayne State
University / Office of Risk Management as the certificate holder. During the life of the contract, the
VENDOR shall maintain the type of insurance as stated in Insurance Provisions (Schedule B)
attached and any additional requirements as specified by the UNIVERSITY Office of Risk
Management for the VENDOR and assigned licensed VENDOR professionals.
Questions on insurance requirements should be directed to Angela Moss, Director of the
UNIVERSITY’S Risk Management Department at (313) 577-3110.
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Y. Minority, Woman and Physically-Challenged Owned Business Enterprises (M/W/DBEs)
Specify in your proposal whether ownership of your company is a certified M/W/DBE. The
University, in accordance with guidelines from the MMBDC, considers a M/W/DBE as one that is at
least 51% owned, operated, and controlled by a M/W/DBE, or in case of a publicly-owned
business, at least 51% of the stock must be owned by a M/W/DBE. Minorities include, but are not
limited to:
African Americans Hispanic Americans
Asian Americans Native Americans
Eskimos Aleuts
If the firm is not a M/W/DBE, describe the firm’s partnering relationships (if any) with M/W/DBE and
how it plans to support the UNIVERSITY’S goal to award UNIVERSITY business to M/W/DBE.
1. Reporting
The selected firm will identify and fairly consider M/W/DBE for subcontracting opportunities
when qualified firms are available to perform a given task in performing for the UNIVERSITY
under the resulting agreement. The selected VENDOR must submit a quarterly M/W/DBE
business report to the UNIVERSITY Purchasing Department by the 15th of the month
following each calendar quarter; specifically the months of April, July, October, and January.
Such reports should be sent directly to:
Joan M. Gossman, C.P.M., Director
RFP: Property Loss Mitigation & Restoration Services 2010
Purchasing Department, Suite 4200, A.A.B.
5700 Cass Avenue
Detroit, MI 48202
2. Report Detail
M/W/DBE business reports must contain, but are not limited to the following:
Firm’s name, address, and phone number with which the VENDOR has contracted over
the specified quarterly period
Contact person at the minority firm who has knowledge of the specified information
Type of goods and/or services provided over the specified period of time
Total amount paid to the minority firm as it relates to the UNIVERSITY account.
Specify in your proposal whether your company is a certified 8(A) firm.
A complete set of the University's Supplier Diversity Program, which includes complete definitions of
each of the above, can be downloaded from our web site at
http://purchasing.wayne.edu/docs/university_policy_2004_02.doc..
Z. Ownership of Documents
Upon completion or termination of any agreement, all documents prepared by the VENDOR,
including but not limited to: tracings, drawings, estimates, specifications, field notes, investigations,
studies and reports, shall become the property of the UNIVERSITY. At the UNIVERSITY’S option,
such documents will be delivered to the UNIVERSITY Purchasing Department. The UNIVERSITY
acknowledges that the documents are prepared only for the contracted services specified. Prior to
completion of the contracted services, the UNIVERSITY shall have a recognized proprietary interest
in the work product of the VENDOR.
AA. Prevailing Wage Rates
Wayne State University requires all project contractors, including subcontractors, who provide labor
on University projects to compensate at a rate no less than prevailing wage rates.
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The rates of wages and fringe benefits to be paid to each class of laborers and mechanics by each
VENDOR and subcontractor(s) (if any), including individually contracted labor commonly referred to
as “1099 Employees” shall be not less than the wage and fringe benefit rates prevailing in Wayne
County, Michigan, as determined by the United States Secretary of Labor.
Additional information can be found on the University Purchasing Department’s web site at the
following URL address:
http://purchasing.wayne.edu/vendors/wage-rates.php
If you have any questions, or require rates for additional classifications, please contact:
Michigan Department of Consumer & Industry Services,
Bureau of Safety and Regulation, Wage and Hour Division,
7150 Harris Drive,
P.O. Box 30476,
Lansing, Michigan 48909-7976
http://www.michigan.gov/dleg/0,1607,7-154-27673_27706-39650--,00.html
Wayne State University's Prevailing Wage Requirements:
When compensation will be paid under prevailing wage requirements, the University shall require
the following:
A. The contractor shall obtain and keep posted on the work site, in a conspicuous place, a copy
of all current prevailing wage and fringe benefit rates.
B. The contractor shall obtain and keep an accurate record showing the name and occupation of
and the actual wages and benefits paid to each laborer and mechanic employed in connection
with this contract.
C. For all non-signatory employees and subcontractors, the contractor shall submit with their
invoices, a completed certified payroll document [U.S. Dept. of Labor Form WH347] verifying
and confirming the prevailing wage and benefits rates, including copies of pay stubs for
employee or contract labor payments related to Wayne State University work. NOTE:
Invoices WILL NOT be processed until certified payrolls are received.
If the VENDOR or subcontractor fails to pay the prevailing rates of wages and fringe benefits and
does not cure such failure within 10 days after notice to do so by the UNIVERSITY, the
UNIVERSITY shall have the right, at its option, to do any or all of the following:
1. Withhold all or any portion of payments due the VENDOR as may be considered necessary
by the UNIVERSITY to pay laborers and mechanics the difference between the rates of
wages and fringe benefits required by this contract and the actual wages and fringe benefits
paid;
2. Terminate this contract and proceed to complete the contract by separate agreement with
another vendor or otherwise, in which case the VENDOR and its sureties shall be liable to the
UNIVERSITY for any excess costs incurred by the UNIVERSITY.
Terms identical or substantially similar to this section of this RFP shall be included in any
contract or subcontract pertaining to this project.
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The current applicable prevailing wage rates as identified by the State of Michigan Department of
Consumer & Industry Services, Bureau of Safety and Regulation, Wage and Hour Division are
listed below for reference. Refer to item C above if additional information is required.
< See Purchasing Website at: www.purchasing.wayne.edu and click on “prevailing wage
rates” >
AB. Project Labor Agreements
U
U (Deleted)
AC. Buy American
Wayne State University intends to purchase products in the United States of America whenever an
American made* product is available that meets or exceeds the specifications requested and the
price is equal to or lower than a foreign made product. Vendors are required to bid American made
products whenever available. Vendors may bid foreign made products when:
1) They are specified
2) As an alternate as long as they are technically equal to the product specified.
* (More than 50% of the product manufactured or assembled in the U.S.A.)
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IV. STATEMENT / SCOPE OF WORK
A. GENERAL SCOPE
1. WAYNE STATE UNIVERSITY requires vendor services associated with fire, water, mold and
other specialty cleanup and restoration services.
The quicker mitigation services begin, the less damage occurs to University Assets.
VENDORS must be able to respond within 1 hour of UNIVERSITY notification, and have crews
on site if needed within 2 hrs of initial contact (24 hours per day, 7 days per week, 365 days
per year). Primary services shall include emergency water extraction and mitigation; dry-out,
dehumidification & monitoring; carpet, vinyl, and other floor covering restoration or
replacement; ceiling tile removal and replacement; drywall and paint repairs; and mold
mitigation & remediation. Other services shall include fire, smoke and odor removal services.
2. The successful VENDOR shall have a proven record for the safe and efficient handling of both
small and large disaster responses, be well established and financially responsible and have
adequate insurance covering hazardous materials accidents. In the event of a problem, the
firm would be asked to share the cost of any damages to the extent caused by its error.
3. VENDOR must have demonstrated staffing and equipment inventory and distribution
capabilities to meet the UNIVERSITY'S rapid response time needs. It must provide personnel
with necessary expertise to address and resolve technical and other mitigation issues
associated with Wayne State University's emergency response service program.
B. PROGRAM GOALS
The UNIVERSITY intends to retain four (4) vendors for emergency mitigation services help minimize
additional property damage. WSU requires responsive, quick acting vendors that arrive onsite to
perform primarily water and fire cleanup and restoration of UNIVERSITY services. The faster an
emergency response VENDOR arrives on-site to perform water or fire cleanup, the better the results
– including lower claim costs by minimizing replacement costs. Our number one goal is returning
damaged areas and items to preloss condition, and restoring business operations a quickly as
possible. Other Primary Program Goals include:
1. Inspect site with University personnel where loss incident occurred to identify cause, if possible.
Inspect for safety concerns which may be evident. Determine and report any pre-exsiting
conditions.
2. The level of contamination of the water will affect the specific restoration processes. Identify the
category and classification of water to ensure the WSU property is restored based on industry
guidelines.
3. Provide professional evaluation of extent of mitigation required. Inspect and test the damaged
area to determine the extent of damage and how far the moisture has traveled to ensure proper
and complete restoration. Then work with University personnel to define mitigation scope.
4. Determine potential impact to WSU operations and establish a course of action for stabilizing
and securing the environment.
5. Proceed with Emergency Response Mitigation services as authorized.
6. Continue to monitor the extent of damage and detemine how far the moisture has traveled to
ensure proper and complete restoration. Within 2-3 days, evaluate and recommend restoration
continuation or initiation of replacement work scope. Report observations to University
17
personnel.
7. Accurately monitor program results and communicate appropriate recommendations with
quantifiable business oriented justification.
8. Work with University to determine any applicable replacement scope. Proceed with scope per
written authorization.
9. Provide professional / knowledgeable and involved sales/service personnel to ensure program
success.
10. Consult with, advise and train University personnel on the improvement of the Emergency
response program.
C. GENERAL DESCRIPTION
The UNIVERSITY intends to retain four (4) vendors for emergency response property loss mitigation
services including but not limited to:
a. Water Mitigation
b. Mold Remediation
c. Fire, Smoke, Soot and Odor Control & Restoration
d. Wind & Storm Damage
D. COMPENSATION AND RATES
1. All prices for water removal mitigation services chemical products are to be quoted F.O.B.
delivery point, inside delivery with billing terms of net 15 days. Prices are to include insurance
and the cost of all services committed by the VENDOR in its proposal and as specified in this
Request for Proposal.
2. VENDOR is to submit pricing for all services which Vendor has the capacity to provide to the
University. Schedule C has 8 separate tabs; Schedule C.1 - Labor Rate Schedule, Schedule
C.2 - Equipment Rate Schedule, Schedule C.3 - Water/Mold Remediation Rate Schedule,
Schedule C.4 - Chemical Rate Schedule, Schedule C.5 - Consumables Rate Schedule,
Schedule C.6 - Vendor’s Mold Remediation Pricing List, Schedule C.7 - Vendor’s Fire, Smoke
& Odor Removal Pricing List, and Schedule C.8 - Vendor’s Reconstruction Services Pricing
List.
Any additional services not included in quoted prices are to be clearly identified under "Exhibit
1, Restricted Services" in the VENDOR'S Proposal.
V. VENDOR RESPONSE PLAN
A. Method of Operation
1. INITIAL CONTACT
The UNIVERSITY will appoint an Engineering Supervisor who will be the UNIVERSITY’S
point of contact for all matters pertaining to work scope for mitigation & restoration services.
VENDOR shall appoint an Account Representative who will be the VENDOR’S point of contact
to the UNIVERSITY for all emergency response services during normal business hours
including, but not limited to, initiating emergency response mitigation services, evaluation of
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mitigation requirements, clarification of work scope and schedules, interpretation of
documents, and invoice inquiries.
VENDOR shall provide UNIVERSITY with contact information for initiating after hours
emergency response services. VENDOR contact shall accept calls for emergency response
services 24 hrs. per day, 7 days per week, 365 days a year.
2. RESPONSE TIME
Within ONE (1) hour from notice of loss, VENDOR must contact UNIVERSITY to arrange for
service.
Within TWO (2) hours from notice of loss, VENDOR must be onsite to begin mitigation
services.
3. ESTIMATING
VENDOR must provide the information on each estimate and invoice submitted to the
UNIVERSITY:
a) Police Report No.
b) WSU Building Name and Number
c) Room Number(s) within building or location where loss incident occurred
d) Description of each service rendered, unit quantity, unit cost and total cost
VENDOR must submit copies of all estimates and invoices to the UNIVERSITY via e-mail –
and- U.S. Mail.
I). Emergency Mitigation Services
VENDOR must submit estimate for Mitigation Services to the UNIVERSITY
within 24 hours of initial notice of loss or the next business day when a loss
incident occurs on a weekend.
II) Restoration/Replacement Services
VENDOR must submit estimate for Restoration/Replacement services to the
UNIVERSITY within 5 Business days of initial notice of loss.
VENDOR must receive a written authorization to proceed from the Facilities
Operations-Director of Engineering for any restoration/
replacement/reconstruction work scope that exceeds $5,000.00
D. Consulting and Support Services
1. Staffing
a. At least one (1) emergency response mitigation consultant shall be employed and
available to the UNIVERSITY as a primary contact. The emergency response consultant
shall have experience in fire, water, mold and other specialty cleanup and restoration
services. Proposers must attach a brief biography describing the experience of the
person assigned to handle this account.
b. Experience resumes are to be submitted with the VENDOR'S proposal for all personnel
19
who will actively participate in the specified technical and service support program. State
relief for the UNIVERSITY dissatisfaction with any of the VENDOR'S assigned
employees.
c. State VENDOR commitment for responding to the UNIVERSITY'S to emergency
response mitigation plan; as it relates to a normal and large-scale disaster recorvery or
preparedness plan.
3. Administration Notebook
a. VENDOR shall provide a two page summary that explains how it administers and
manages an emergency response and restoration loss incidents. A sample of the
VENDOR'S Administration Recordbook/Notebook and its contents is to be included.
b. The UNIVERSITY requires an Administration Notebook in order to have quick access to
all technical and safety information concerning a given emergency or disaster response.
At the very least, this Notebook must contain an outline of the an emergency response
plan: Authorizations Sheet, Equipment & Material Utilization Summary Form, Drying
Charts [Psychometric Record of Drying Conditions), Daily Labor Time Sheets,
Restoration Worksheets, Service Reports and Customer Satisfaction Sign-Off form. The
VENDOR'S Health and Safety certification and capability response plans requested by
the UNIVERSITY as a part of this RFP may be presented as a part of the VENDOR'S
Administrative Notebook.
D. Environmental Health and Safety
Health and Safety are critical aspects of an effective emergency response plan. The successful
Vendor shall establish and administrative recordbook for each emergency loss incident. In addition,
the vendor shall submit to the University a summary of materials, equipment quantities (such as
number of blowers, dehumidifiers, etc.), number of labor techicians and other pertinent details
required to properly communicate VENDOR resources required for the initial emergency response
service. The successful VENDOR shall have a proven record for the safe and efficient handling of
all aspects of emergency response services including proper extraction, sanitization and disposal of
grey and black water, mold remediation and other environmental or safety hazards that may arise
during an emergency sevice incident and provide evidence of same as follows:
1. Certifications
VENDOR is to submit with its Proposal shop drawings, EPA registration certificates, licenses, if
applicable, hazardous material data, right to know literature, and its Company letter certifying
that all of its proposed emergency water mitigation , mold remediation, fire smoke & odor
removal procedures, delivery methods, materials, shipping and storage, labeling and disposal
procedures, and other equipment & services to be provided all meet the specifications of the
Request for Proposal and are in compliance with all applicable Federal, State and local
statutes and regulations governing same. Above requirements may be incorporated as a part
of the Administration Notebook that is a mandatory requirement part of the VENDOR Proposal.
2. Safety
The VENDOR shall be an active participant and leader in all aspects of chemical safety. In the
interest of safety and legal compliance with MIOSHA and MDNR safety standards Wayne
State University has adopted a Hazard Communication Plan (Employee Right-to-Know). The
VENDOR shall assist Wayne State University in complying with all requirements of the plan,
including but not limited to VENDOR requirements. Annual training for Wayne State University
operations personnel shall include training in the proper protocols for handling various
emergency response mitigation types and scenarios and Right-to-Know training.
3. Emergency Response Capability
VENDOR is to provide an outline of a typical customer Emergency Response Plan that would
20
apply to the UNIVERSITY'S emergency response and restoration services. This plan must
include a VENDOR 24 hour emergency telephone number. VENDOR is to state its means for
addressing and solving and/or assisting the UNIVERSITY in resolving emergency,
environmental, safety and health challenges that could arise with the emergency response
during and emergency response plan. VENDOR may be required to discuss this during
presentation in the evaluation phase.
VI . TECHNICAL SERVICE REQUIREMENTS AND SPECIFICATIONS
The VENDOR shall provide the following services:
A. General
1. Propose every reasonable effort to respond quickly and appropriately to minimize property loss
and aid in restoration of UNIVERSITY operations.
2. Provide onsite supervision for initial emergency response service (as long as required) and
maintain an administrative notebook for each loss incident utilizing a qualified emergency
response mitigation technician.
3. VENDOR is to take photographs of loss incidents and provide same to the UNIVERSITY as a
part of its mitigation estimate and file in administrative record book for future reference.
4. Recommend equipment and methods needed for handling emergency response situations,
informing the designated engineering supervisor and administration as required.
Documentation shall be submitted clearly and concisely indicating any observed existing
condition(s) and recommendation(s).
5. Utilize skilled technicians specialing in loss mitigation monitoring & control to chart and
evaluate emergency response progress. Recommend and communicate any potential
replacement or reconstruction requirements within two (2) days of initiating an emergency
response cleanup.
B. Initial Service
Initial service will provide a highly skilled emergency response consultant at the site of an emergency
response to:
1. Provide timely communication of unusual or existing conditions and make prompt
recommendations for correction.
2. Advise in the proper methods of water extraction, mold remediation and fire, smoke and odor
control.
3. Properly document VENDOR resources utilized during emergency response and provide same
as invoice backup detail.
C. Continuing Service
Routine personal service must be conducted by a qualified representative. This includes a minimum
of quarterly meetings with Administration to review or discuss UNIVERSITY concerns or clarifications
regarding emergency response services. Other continuing services shall include:
1. Be available on a 24-hour basis for emergency responses. The primary emergency response
consultant contact shall be available for immediate response in case of large disasters.
21
2. Review drying chart records and report since the previous call.
3. Provide interpretation of VENDOR drying charts or other administrative forms or records and
provide training as to how to collect and interpret the data and why.
4. All evaluations shall be justified by a by a written explanation of existing conditions and results
that may occur if not controlled and all corrective measures to control an inevitable destruction
mechanismBe available on a 24-hour basis for emergency responses.
5. The mitigation and emergency restoration company shall supply at no cost to the UNIVERSITY
all necessary psychometric testing or log forms, inventory forms, and other forms necessary to
monitor existing conditions and future conditions with the direct written goal of achieving
maximizing property mitigation and restoration & minimizing replacement costs.
6. As a follow-up to the initial response, the primary emergency response consultant shall be
available/capable to inspect site accompanied by UNIVERITY Personnel for the purposes of
evaluating continued emergency response requirements and/or propose suitable replacement
or reconstruction options.
D. Special Services, which shall include:
1. An annual review of established emergency respons protocol to provide the UNIVERSITY with
necessary information for evaluation of the emergency response program at the expiration of
each season.
2. Consult and advise UNIVERSITY Administration on methods of increasing overall efficiency
and effectiveness of the emergency response services including UNIVERSITY responsibilities.
3. Provide training session(s) for instruction of UNIVERSITY personnel as to the proper methods
and requirements for handling various emergency scenarios.
4. Seminars with UNIVERSITY personnel in special education meetings regarding the
fundamentals of Emergency Response Mitigation & Restoration Services.Special surveys and
studies pertaining to the property mitigation & restoration services in the best interest of the
UNIVERSITY.
5. Psychometric calculation analysis submissions and reporting when necessary with no charge
to the UNIVERSITY. Calculations shall clearly indicate basis for analytical or theoretical
predictions to forecast equipment quantities and drying conditions.
6. Training or seminars on interpretation of psychometric drying charts.
VII. WAYNE STATE UNIVERSITY'S RESPONSIBILITY
A. To notify the company's representative or backup consultants promptly of any unusual conditions
affecting the UNIVERSITY emergency response service plan.
B. To Designate an individual or individuals that will be the point of contact for initiating and
establishing emergency response and restoration work scope or services. This individual shall work
in conjunction with the VENDOR’S primary emergency response consultant and UNIVERSITY
Administration and follow recommendations of that consultant as required in the best interest of the
UNIVERSITY.
22
C. To notify the VENDOR on a timely basis when inspections are required by an insurance carrier or a
governmental agency for all systems covered in this contract.
D. The emergency response consultant(s) are to provide the UNIVERSITY with business cell phones,
pager and office fax numbers and a 24-hour emergency contact phone number. The preferred
method of communication in an emergency is to utilize the consultant cell phone number(s) and/or
the 24-hour emergency service number on file. To ensure minimum response delay, the suffix "911"
is to be added after inputting the telephone number when using a pager to initiate contact.
E. To cooperate with the emergency response service provider to continuously improve the overall
emergency response mitigation plan by reviewing recommendations, providing timely communication
and establishing processes for effective property loss mitigation.
VIII. FINAL RESULTS
A. The final results that the VENDOR is to achieve include but are not limited to the following
requirements.
1. Onsite response to Emergency Service requests within two (2) hours of initial contact.
2. Mitigate loss to UNIVERSITY assetts and minimize replacement costs.
3. Restoring site to pre-loss condition.
4. Support prompt restoration of WSU business operations.
B. Should the VENDOR'S products, equipment, services and results not meet specifications as outlined
above, elsewhere in this Request for Proposal and as committed in the VENDOR Proposal, Wayne
State University, at its option, will terminate the agreement in accordance with its early termination
terms.
IX. VENDOR SERVICE PLAN
A. NOT APPLICABLE FOR EMERGENCY RESPONSE SERVICES
23
X. SUMMARY OF GENERAL MANDATORY REQUIREMENTS
A. Attendance at the November 9, 2009 - 10:30 a.m. Pre-Proposal Meeting is mandatory. Pre-
registration is required by November 6, 2009 by 12:00 noon. Please fax your intention as
indicated on Appendix 2.
B. Original clearly marked as such plus two copies (3 total) of the proposals are required. In
addition, an electronic version is required, which should be submitted to our secure mailbox at
rfp@wayne.edu
D. Proposals and Schedules C must be signed and the signing authority stated thereon.
E. Meet absolute deadline for delivery of proposals to the Purchasing Department, 5700 Cass Avenue,
4th Floor – Suite 4200 by 4:00 p.m. on November 23, 2009.
F. Proposals remain in effect a minimum of 120 days. A statement to this effect must be contained in
the VENDOR'S cover letter.
G. Any deviation from the RFP requirements must be stated in proposal, under Exhibit 1, "Restricted
Services". Otherwise, proposal is held to be in strict compliance with this RFP.
H. VENDOR profile, statement of experience, qualifications, minimum of three (3) qualified local
references, and a list of significant lost accounts, are required information for the purpose of
consideration in this RFP process
I. VENDOR'S Quotation, Schedules C and Vendor Questionnaire are to be completed by VENDOR,
signed and submitted with Proposal. Vendors must include an electronic copy on disk with their
proposal.
J. VENDOR agrees to all technical and general requirements and guidelines, additional general
provisions, VENDOR service plan specifications, and all other specifications and terms specified in
the RFP.
K. VENDOR must complete the Proposal Certification, Schedule A1, Non-Collusion Affidavit,
Schedule A2, and Vendor Acknowledgements, Schedule A3, as specified. Sign, have Schedule
A2 notarized as required, and submit as a part of the Proposal.
L. Provide Certificates of Insurance or other evidence that insurance is in place, which meets or
exceeds requirements outlined in Schedule B.
M. Ability to Commence Services on or before December 15, 2009.
FAILURE TO MEET THE MANDATORY REQUIREMENTS MAY RESULT IN DISQUALIFICATION OF
YOUR PROPOSAL.
Schedule A.1
PROPOSAL CERTIFICATION
VENDOR is to certify its proposal as to its compliance with the Request for Proposal specifications using the
language as stated hereon.
RESPONSE TO WAYNE STATE UNIVERSITY
REQUEST FOR PROPOSAL FOR
PROVIDING PROPERTY LOSS MITIGATION
AND RESTORATION SERVICES - 2010
FOR WAYNE STATE UNIVERSITY
DATED: NOVEMBER 2, 2009
AND TO ANY AMENDMENTS, THERETO
The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in
the submission of this Proposal states that the Proposal contained herein is complete and is in strict
compliance with the requirements of the subject Request for Proposal dated November 2, 2009, except as
noted in Exhibit 1, the "Restricted Services/Exceptions to RFP" section of the Proposal. If there are no
modifications, deviations or exceptions, state same as a part of the Proposal Certification Statement:
NONE. If there are, state YES
This proposal remains in effect for 120 days.
Any notice required under the Agreement shall be personally delivered or mailed by first class or certified mail,
with proper postage, prepaid, to the Subject VENDOR at the following address:
Company Name: _________________________________________________________
Address: _________________________________________________________
_________________________________________________________
Telephone: (________________)_______________________________________
Fax: (________________)_______________________________________
ATTN: _________________________________________________________
Tax Payer ID: _________________________________________________________
Submitted by: _________________________________________________________
Signature _________________________________________________________
Typed Name _________________________________________________________
____________________________________ ___________________
(Title) (Date)
Schedule A.2
NON-COLLUSION AFFIDAVIT
The undersigned, duly authorized to represent the persons, firms and corporations joining and
participating in the submission of the foregoing Proposal (such persons, firms and corporations
hereinafter being referred to as the "VENDOR"), being duly sworn, on his or her oath, states
that to the best of his or her belief and knowledge no person, firm or corporation, nor any person
duly representing the same joining and participating in the submission of the foregoing
Proposal, has directly or indirectly entered into any agreement or arrangement with any other
VENDORS, or with any official of the UNIVERSITY or any employee thereof, or any person, firm
or corporation under contract with the UNIVERSITY whereby the VENDOR, in order to induce
acceptance of the foregoing Proposal by said UNIVERSITY, has paid or is to pay to any other
VENDOR or to any of the aforementioned persons anything of value whatever, and that the
VENDOR has not, directly or indirectly entered into any arrangement or agreement with any
other VENDOR or VENDORS which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the foregoing Proposal.
The VENDOR hereby certifies that neither it, its officers, partners, owners, providers,
representatives, employees and parties in interest, including the affiant, have in any way
colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, potential
proposer, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to
refrain from bidding, to manipulate or ascertain the price(s) of other proposers or potential
proposers, or to obtain through any unlawful act an advantage over other proposers or the
college.
The prices submitted herein have been arrived at in an entirely independent and lawful manner
by the proposer without consultation with other proposers or potential proposers or
foreknowledge of the prices to be submitted in response to this solicitation by other proposers or
potential proposers on the part of the proposer, its officers, partners, owners, providers,
representatives, employees or parties in interest, including the affiant.
CONFLICT OF INTEREST
The undersigned proposer and each person signing on behalf of the proposer certifies, and in
the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its
own organization, under penalty of perjury, that to the best of their knowledge and belief, no
member of the UNIVERSITY, nor any employee, or person, whose salary is payable in whole or
in part by the UNIVERSITY, has a direct or indirect financial interest in the award of this
Proposal, or in the services to which this Proposal relates, or in any of the profits, real or
potential, thereof, except as noted otherwise herein.
Signature ____________________________________________
Company Name ____________________________________________
Date ____________________________________________
_____________________________________
Subscribed and sworn to before me this
__________ day of ________________, 2009.
Notary Public in and for the County of _____________________________, State of
___________________. My commission expires: ___________________________
Schedule A.3
VENDOR Acknowledgements (Revised 9-2008)
RFP: FOR PROVIDING
PROPERTY LOSS MITIGATION AND RESTORATION SERVICES - 2010
By virtue of submittal of a Proposal, VENDOR acknowledges and agrees that:
That all of the requirements in the Scope of Work of this RFP have been read and understood.
That the University’s General Requirements and Guidelines have been read, understood and
accepted.
That compliance with the Requirements and/or Specifications, General Requirements and
Guidelines, and any applicable Supplemental Terms and Conditions will be assumed acceptable to
the VENDOR if not otherwise noted in the submittal in an Exhibit I, Restricted Services.
That Supplier is not delinquent on the repayment of any Federal or State of Michigan debt.
That Supplier is presently not debarred, suspended, proposed for debarment, declared ineligible, nor
voluntarily excluded from covered transactions by any Federal or State of Michigan department or
agency.
Any responses, materials, correspondence, or documents provided to the University are subject to
the State of Michigan Freedom of Information Act and may be released to third parties in compliance
with that Act, regardless of notations in the VENDOR's Proposal to the contrary.
That all of the Terms and Conditions of this RFP and Vendor’s Response Proposal become part of
any ensuing agreement.
The individual signing below has authority to make these commitments on behalf of Supplier.
Supplier, through the signature below of its agent, hereby offers to provide the requested products/services at
the prices identified, and under the terms and conditions stated and incorporated into this RFP. This offer
remains open for [120] days.
DATE:
Company Name:
Address:
ATTN:
Telephone: ( )
Tax Payer I.D.
Submitted by:
Signature
Typed Name
(Title) (Date)
The Internal Revenue Code requires recipients of payments which must be reported on Form 1099 to provide
their taxpayer identification number (TIN).
T.I.N. (Taxpayer Identification Number, Federal Identification Number, or Social Security Number)
NOTE: If the address to submit purchase orders, remit payment or send additional request for proposals is
different from the above address, please indicate those addresses on a separate sheet and include
with your response.
Schedule B
Schedule B - INSURANCE REQUIREMENTS
____________________________________________, at its sole expense, shall cause to be issued and maintained in full
effect for the term of this agreement, insurance as set forth hereunder:
General Requirements
Type of Insurance Minimum Requirement
1. Comprehensive General Liability Bodily Injury $ 500,000 each person
$1,000,000 aggregate
Property Damage $ 500,000 each occurrence
$1,000,000 aggregate
or
$2,000,000 Combined Single Limit (CSL)
2. Comprehensive Automobile Liability Bodily Injury $ 500,000 each person
(including hired and non-owned vehicles) $1,000,000 each accident
Property Damage $ 500,000 each accident
or
$2,000,000 Combined Single Limit (CSL)
3. Workers' Compensation Statutory-Michigan $ 100,000
(Employers' Liability)
Maximum Acceptable Deductibles
Type of Insurance Deductible
Comprehensive General Liability $5,000
Comprehensive Automobile Liability 0
Workers' Compensation 0
Coverages
1. All liability policies must be written on an occurrence form of coverage.
2. Comprehensive general liability includes, but is not limited to: consumption or use of products, existence of
equipment or machines on location, and contractual obligations to customers.
3. The Board of Governors, Wayne State University, shall be named as an additional insured, but only with respect
to accidents arising out of said contract.
Certificates of Insurance
1. Certificates of Insurance naming Wayne State University / Office of Risk Management as the certificate holder and
stating the minimum required coverages must be forwarded to the Office of Risk Management to be verified and
authenticated with the agent and/or insurance company.
2. Certificates shall contain a statement from the insurer that, for this contract, the care, custody or control
exclusion is waived.
3. Certificates shall be issued on a ACORD form or one containing the equivalent wording, and require giving
WSU a thirty (30) day written notice of cancellation or material change prior to the normal expiration of coverage.
4. Revised certificates must be forwarded to the Office of Risk Management thirty (30) days prior to the
expiration of any insurance coverage listed on the original certificate, as follows:
Wayne State University
Office of Risk Management
5700 Cass Avenue, Suite 4622 AAB
Detroit, MI 48202
SCHEDULE C
COST SCHEDULES
SUMMARY OF QUOTED RATES
Schedule C.1 - Labor Rate Schedule
Schedule C.2 - Equipment Rate Schedule
Schedule C.3 - Water/Mold Remediation Rate Schedule
Schedule C.4 - Chemical Rate Schedule
Schedule C.5 - Consumables Rate Schedule
Schedule C.6 - VENDOR’S Mold Remediation Pricing List
Schedule C.7 - VENDOR’S Fire, Smoke & Odor Removal Pricing List
Schedule C.8 - VENDOR’S Reconstruction Services Pricing List
to be downloaded at
forms.purchasing.wayne.edu/Adv_bid/Adv_bid.html
RATES FOR TWO OPTIONAL YEARS
1st Optional Year 2nd Optional Year
10-01-2010 to 9-30-2011 10-01-2011 to 9-30-2012
or Maximum or Maximum
Zero Percent of Zero Percent of
Increases Increase Increases Increase
. .
Submitted by:
COMPANY NAME:
SIGNATURE:
TYPED NAME:
TITLE:
Date
SCHEDULE D
Summary Questionnaire
Schedule D - Summary Questionnaire
YES ALTERNATIVE
1. Can your company commence services on December _______ _______________
15, 2009?
2. Have you provided three (3) references with specific _______ _______________
contact names and phone numbers?
3. Did you attend the mandatory Pre-Proposal meeting on _______ _______________
November 9, 2009?
4. Did your company provide a certificate of insurance to
meet or exceed all our minimum requirements? _______ _______________
5. Did your company provide the required Proposal
Certification, Non- Collusion Affidavit and Vendor _______ _______________
Acknowledgement, Schedule A1, A2, and A3?
6. Did you company complete and provide the Summary
Cost Schedule C, and submit it electronically to _______ _______________
rfp@wayne.edu?
7. Did your company quote services at prevailing wage _______ _______________
rates and clearly indicate such in your proposal?
8. Did your company agree to guarantee to maintain a top _______ _______________
priority for the UNIVERSITY?
9. Please complete the following questions:
A. Total number of employees in your company ______
B. Total years in business with this company name ______
10. Did your company provide a list of lost accounts in ______ _______________
excess of $50,000?
11. Does your company agree to provide financial reports to ______ _______________
the University upon request?
12. Does your company agree to allow the UNIVERSITY to ______ _______________
audit your books pertaining to the UNIVERSITY
account?
13. Are there any conflicts of interest in doing business with ___ Yes
the University? ___ No
14. Did your company provide a “Restricted ___ Yes
Services”exhibit, EXHIBIT 1 in your proposal? ___ No
APPENDIX 1
CAMPUS MAP
See web site:
http://campusmap.wayne.edu/
APPENDIX 2
Registration/Intent Form
APPENDIX 2
REGISTRATION/INTENT FORM
REQUEST FOR PROPOSAL MEETING FOR PROVIDING
PROPERTY LOSS MITIGATION & RESTORATION SERVICES 2010/ (J.G.)
Please use this form to indicate your attendance at our mandatory Pre-proposal meeting to be held on November 9,
2009 at 10:30 a.m. and your intent to submit a proposal for the services listed. Please type or print the information
requested below, then fax to Wayne State University, attention Ms. Pat Milewski at (313) 577-3747 by November 6,
2009- noon.
Vendor Name:
Vendor Address:
Contact Person:
Telephone: ( )
Fax: ( )
E-Mail: _ _
YES ________ I will be attending the Pre-proposal meeting mandatory Pre-Proposal Meeting on November 9,
2009 at 10:30 a.m.
Location: Wayne State University
Academic/Administration Building
th
5700 Cass Avenue, 4 Floor – Conference Room 4400
Detroit, MI 48202
Time: 10:30 a.m.
YES________ I would like to participate in the pre-bid meeting via Conference Call, reference log-in
conference number: (313) 993-3480 (no password) on November 9, 2009 at
10:30 a.m.
NO _________ I will not participate in the Request for Proposal and will not be
present at the meeting.
I understand that this will not affect our status as a potential supplier to Wayne State University.
APPENDIX 3
INSTRUCTIONS TO AWARDED VENDORS
INSTRUCTIONS TO AWARDED VENDORS
(For Phase 1-Emergency Response & Phase II-Restoration Services)
1. Contractors must provide emergency response on campus within 2 hours
2. Contractor must provide estimate of emergency response service to FP&M within 24 hours
3. Contractor must provide estimate for Phase II-Restoration services with estimated completion time to
FP&M within five (5) days of emergency/loss incident.
4. Phase II-Restoration estimates must be approved by Director of Engineering prior to proceeding with
work. If the estimate exceeds $5,000.00, a written authorization must be received from the Director
of Engineering
5. Contractor must provide the following on each estimate –and- invoice submitted:
a) Police Report No.
b) WSU Building Name and Number (a list will be provided)
c) Room Number(s) within building or location
d) Description of each service rendered and associated cost
6. Submit copies of all estimates and invoices via e-mail -and- U.S. Mail to:
Facilities Planning & Management
Wayne State University
5743 Woodward
Detroit, MI 48202
ATTN: Michael Perretti, Director of Engineering
dx1558@wayne.edu
Carol Dargin, Associate Director
ad0123@wayne.edu
6. Submit invoice for payment for emergency response (Phase I) services within (10) days of loss
incident response
7. Submit invoice for payment for restoration services (Phase II) within five (5) days of completion of
restoration work.
8. Payment will be made within fifteen (15) days after receipt of invoice
APPENDIX 4
Sample Agreement Between The University And
Contractor For Construction Services
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AGREEMENT BETWEEN THE UNIVERSITY AND CONTRACTOR
Executed as of the ______ day of _________, 2009 by and between:
The Board of Governors, Wayne State University
Detroit, Michigan 48202
(The University)
and
Contractor
address
city/state/zip
regarding
PROPERTY LOSS MITIGATION AND RESTORATION SERVICES
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In consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
Article 1 - Scope of Work
1.1 This Agreement provides for emergency response mitigation, restoration, replacement &
reconstruction services. Vendors will be qualified through formal training and experience to
effectively handle emergency mitigation, restoration and reconstruction services to minimize
property damage associated with floods, fires, smoke, major & minor water extraction, mold
remediation,wind and storm damage and catastrophic events. Moreover, the Vendor will
adequately document each loss and the return of UNIVERSITY property and contents to normal
conditions to ensure that future problems will not be experienced on the Main Campus, Medical
Campus and Downtown Medical Center for Wayne State University.
1.2 The Contractor shall furnish all the labor, materials, equipment, services, and supervision to
perform all the work shown on the drawings and specifications listed in Article 17, including any
addenda issued during the bid phase, and approved change orders issued during the construction
phase.
1.3 Should it be necessary for the contractor to install such items, including but not limited to,
electrical service, conduit, cable trays, raceways, etc. that shall become attached to or penetrate
any of the building's walls, ceilings, or floors, the Contractor shall be required to review and
receive approval for such necessities in writing, from the University's Office of Facilities, Planning
& Management, before commencing with such work. The Contractor's failure to receive such
approval shall obligate the Contractor to be responsible for any and all damages to personnel or
property, regardless of the extent. The Contractor shall indemnify and hold harmless the
University from all resulting consequences.
1.4 The Contractor shall notify the University in writing within five (5) calendar days when the
Contractor discovers any condition that will affect the contract amount or the completion date.
Article 2 - Time of Completion
2.1 The work to be performed under this Agreement shall commence upon the Contractor’s receipt of
a fully-executed Agreement. The Contract is expected to be fully executed on or about 25
calendar days after successful bidder qualification and recommendation of award. The
undersigned agrees to be available for immediately after receipt of a fully executed contract and
Purchase Order, and to complete the Property Loss Mitigation, Restoration & Reconstruction
Services on an as-needed basis as follows:
The work to be performed under this Agreement shall commence on December 15, 2009, and
will extend through September 30, 2010.
Article 3 - The Contract Sum
3.1 The University shall pay the Contractor on a per job per invoicing schedule for the performance of
all work associated with the Contractor’s “Time and Material” Base Bid with a contract amount
Not-To-Exceed (Determined by each contract).
3.2 The University may, at its sole discretion, during the life of the contract, award the following
alternates, at the amounts indicated (If section 3.2 is not used, delete all text and enter
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"Deleted").
Description Amount
Alternate
Alternate
Alternate
3.3 In the event additional work becomes necessary, the following unit prices will apply (If section 3.3
is not used, delete all text and enter "Deleted"):
Work Item Unit Price
1.
2.
3.
Article 4 - The Contract Documents
4.1 The Contract Documents shall consist of this Agreement, the drawings and specifications as
listed in Article 17, the General Conditions of the Contract for Construction as defined by AIA
Document A201 1970 Edition, except as otherwise provided herein, and Wayne State University’s
Supplementary General Conditions 1997 Edition.
4.2 For any inconsistencies found among or between these Contract Documents, the language
contained in this Agreement shall prevail over all other documents and the Supplementary
General Conditions shall prevail over the General Conditions. In the event of a conflict between
the Drawings and Specifications, the requirement for the higher quantity and/or higher quality shall
prevail.
Article 5 – Examination of Premises
5.1 The Contractor acknowledges that the University provided the opportunity for a thorough
examination of the project site and its surroundings and that the Contractor knows of no
conditions preventing accomplishment of the full scope of work within the time and for the amount
specified in this Agreement.
5.2 The University will deny all claims for additional time and/or cost for conditions that could have
been reasonably discovered during such an examination.
Article 6 - The Architect/Engineer
6.1 The Architect/Engineer for this project is:
Wayne State University
Detroit, Michigan
6.2 The University will appoint a Project Manager who will be the University’s point of contact for all
matters of contract administration including, but not limited to, interpretation of documents,
defining the scope of work, approving work schedules, and approving contract payments.
Article 7 - Additional Work
7.1 The University reserves the right to let other Agreements in connection with this work. The
Contractor will afford other Contractors or the University’s own workforce reasonable opportunity
for the delivery and storage of their material and for the performance of their work and shall
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properly connect and coordinate its work with theirs.
7.2 If any part of the Contractor’s work depends for proper execution or results upon the work of
another Contractor or the University’s own workforce, the Contractor shall inspect and promptly
report to the University’s Project Manager any defects in such work that render it unsuitable for
such proper execution and results. The Contractor’s failure to so inspect and report shall
constitute an acceptance of the work of others as fit and proper for reception of the Contractor’s
work and as a waiver of any claim or defense against the University or other contractor which
relies in whole or in part upon the contention that such work was unsuitable for proper execution
and resolution.
Article 8 – Dispute Resolution
8.1 Jurisdiction over all claims, disputes, and other matters in question arising out of or relating to this
contract or the breach thereof, shall rest in the Court of Claims of the State of Michigan. No
provision of this agreement may be construed as Wayne State University’s consent to submit any
claim, dispute or other matter in question for dispute resolution pursuant to any arbitration or
mediation process, whether or not provisions for dispute resolution are included in a document
which has been incorporated by reference into this agreement. Specifically, all references to
Arbitration contained in the General Conditions are superseded by this Article.
8.2 In any claim or dispute by the Contractor against the University, which cannot be resolved by
negotiation, the Contractor shall submit the dispute in writing for an administrative decision by the
University’s Vice President for Finance and Administration, within 30 days of the end of
negotiations. Any decision of the Vice President shall be made within 45 days of receipt from the
Contractor and is final unless it is challenged by the Contractor by filing a lawsuit in the Court of
Claims of the State of Michigan within one year of the issuance of the decision. The Contractor
agrees that appeal to the Vice President is a condition precedent to filing suit in the Michigan
Court of Claims.
8.3 For purposes of this section, the “end of negotiations” shall be deemed to have occurred when:
8.3.1 Either party informs the other that pursuant to this section, negotiations are at an impasse;
or
8.3.2 The Contractor submits the dispute in writing to the Vice President.
8.4 Unless otherwise agreed by the University in writing, and notwithstanding any other rights or
obligations of either of the parties under any Contract Documents or Agreement, the Contractor
shall continue with the performance of its services and duties during the pendency of any
negotiations or proceedings to resolve any claim or dispute, and the University shall continue to
make payments in accordance with the Contract Documents; however, the University shall not be
required or obligated to make payments on or against any such claims or disputes during the
pendency of any proceeding to resolve such claims or disputes.
Article 9 - Termination for Convenience
9.1 Upon thirty days written notice to the Contractor, the University may, without cause and without
prejudice to any other right or remedy of the University, elect to terminate the contract. In such
case, the Contractor shall only be paid (without duplication of any items), using a Close Out
Change Order, for the following:
9.1.1 For completed and acceptable work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable sums
for overhead and profit on such Work;
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9.1.2 For expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted work, including fair and reasonable sums for overhead and
profit on such expenses.
9.2 The Contractor shall not be paid on account of loss of anticipated profits or revenue, delay or
disruption, or other economic loss arising out of or resulting from such termination. For purposes
of this section, “fair and reasonable sums for overhead and profit” shall be determined by
reference to Michigan law, without reference to principles used for such determinations in
arbitration.
Article 10 - Progress Payments
th
10.1 On or before the 20 day of each month, the Contractor shall submit a written application for
payment, using form AIA G702, to the Architect/Engineer and the University’s Project Manager for
review. The Architect/Engineer shall have ten (10) calendar days to accept or reject the
Contractor’s application for payment. Acceptable applications for payment shall then be
submitted to the University for payment of authorized amount(s) within thirty (30) calendar days of
receipt by the University’s Project Manager.
10.2 The application for payment shall contain a full schedule of values organized and sorted by
subcontractor, by Construction Specifications Institute standard work categories, or in another
format acceptable to the University.
10.3 Monthly progress payments shall show the percentage of work installed as of the date of the
application, less amount previously installed and the amount due for the application period. The
Contractor shall deduct a 10% retainage from the balance due for each progress payment and
indicate the net amount due on each application.
10.4 When 50% of the work associated with this Agreement is installed, the Contractor shall not deduct
additional retainage from the balance due from the University. When substantial completion is
achieved and acknowledged by the Architect/Engineer, the Contractor and the University in
writing, the University shall remit to the Contractor all but 2% of the retainage. The remaining 2%
shall be retained by the University until the final payment is authorized and remitted to the
Contractor.
Article 11 - Acceptance and Final Payments
11.1 Final payment shall be due thirty (30) days after the completion of the work, including all punch list
items, provided the work is fully completed and the Agreement fully performed.
11.2 Upon receipt of written notice that the work is ready for final inspection and acceptance, the
Architect/Engineer shall promptly inspect the work. When the Architect/Engineer concludes that
the work is acceptable and the Agreement to be fully performed, the Architect/Engineer shall
promptly issue a final certificate with an original signature, stating that the work provided is
complete and acceptable and that the entire remaining balance found to be due the Contractor
shall be remitted by the University once the final application for payment is received.
11.3 If, after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Architect/Engineer so certifies, the University shall,
upon certificate of the Architect/Engineer, and without terminating the Contract, make payments of
the balance due for that portion of the work fully completed and accepted. Such payments shall
be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
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Article 12 - Non-Discrimination
12.1 The Contractor agrees that it will not discriminate against any employee or applicant for
employment, to be employed in the performance of this Agreement, with respect to hire, tenure,
terms, conditions or privileges of employment or any matter directly or indirectly related to
employment, because of race, color, religion, sex, age, national origin, or ancestry. Breach of this
covenant may be regarded as material breach of this Agreement.
12.2 The Contractor further agrees that it will, in all subcontracts relating to the performance of the
work under this Agreement, provide in its subcontracts that the subcontractor will not discriminate
against any employee or applicant for employment, to be employed in the performance of such
contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter
directly or indirectly related to employment because of race, sex, age, color, religion, national
origin or ancestry. Breach of this covenant may also be regarded as a material breach of this
Agreement.
Article 13 - Prevailing Wages
13.1 The Contractor and each subcontractor shall pay to each class of mechanics and laborers not
less than the wage and fringe benefit rates prevailing in the Detroit Metropolitan Area, as
determined by the United States Department of Labor. The Contractor shall post on site, in a
conspicuous place, a copy of all applicable wage and benefit rates, and shall provide the
University with a copy of the applicable wage and benefit rates.
13.2 The Contractor and each subcontractor shall keep an accurate record showing the name and
occupation of and the actual benefits and wages paid to each laborer and mechanic employed in
connection with this contract. The Contractor and each subcontractor shall make certified payroll
records available to the University’s representatives upon request.
13.3 If a Contractor or subcontractor fails to pay the prevailing rates of wages and fringe benefits and
does not cure such failure within ten (10) days after notice to do so by the University, the
University shall have the right, at its option, to do any or all of the following:
13.3.1 Withhold all or any portion of payments due the Contractor as may be considered
necessary by the University to pay laborers and mechanics the difference between the
rates of wages and fringe benefits required by this Agreement and the actual wage and
fringe benefits paid.
13.3.2 Terminate part or all of this Agreement or any subagreement and proceed to complete
the Agreement or subagreement by separate agreement with another Contractor or
otherwise, in which case the Contractor and its sureties shall be liable to the University
for any excess costs incurred by the University.
13.4 The Contractor shall include terms identical or substantially similar to this section in any
Agreement or subagreement pertaining to the project.
Article 14 - Save Harmless
14.1 The Contractor shall indemnify, defend and hold harmless the University, its agents and
employees from any and all loss, damage, claims, and causes of action whatsoever, including all
costs, expenses and attorneys’ fees arising out of Contractor’s performance of obligations under
the terms and conditions of this agreement. Such responsibility shall not be construed as liability
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for damage caused by or resulting from the negligence of the University, its agents other than the
Contractor, or its employees.
Article 15 - Liquidated Damages
15.1 It is understood and agreed that, if the project is not completed within the time specified in the
Agreement plus any extension of time allowed pursuant thereto, the actual damages sustained by
the University because of any such delay will be uncertain and difficult to ascertain, and it is
agreed that the reasonable foreseeable value of the use of said project by the University would be
the sum of $ 100.00 (One Hundred Dollars and 00/100 Dollars) per day. Therefore, the
Contractor shall pay as liquidated damages to the University the sum of $ 100.00 (One Hundred
Dollars and 00/100 Dollars) per day for each day’s delay in substantially completing said project
beyond the time specified in this Agreement and any extensions of time allowed thereunder.
Article 16- Interpretation
16.1 This Agreement shall be interpreted and construed according to the laws of the State of Michigan.
16.2 If one part of this Agreement is found to be void by legal or legislative action, the remainder of the
contract remains in full effect.
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Article 17 - Drawings and Specifications
17.1 The Technical Specifications dated ______________, and the following List of Drawings
represent the scope of work as defined in the Contract Documents from Article 4.
Drawing No. Description
(None)
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IN WITNESS WHEREOF the parties to
these presents have hereunto set their
hands as of the day and year first
written above.
Signed, sealed and delivered
in the presence of: CONTRACTOR’S NAME GOES HERE
By__________________________________
signature
____________________________________
Please print name here
____________________________________
Date signed
____________________________________
Title
_____________________________
Witness THE BOARD OF GOVERNORS of
WAYNE STATE UNIVERSITY
By_______________________________
John L. Davis, Vice President for
Finance and Facilities Management
__________________________
Date signed
Form Contract Approved by OGC 5/98
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