BD - HVAC Systems Controls RFP - 072621.pdf

REQUEST FOR PROPOSALS

HVAC SYSTEMS CONTROLS

Requested by:

Britton Deerfield School District

Britton, Michigan

Issue Date: Monday, July 26, 2021 Due Date: August 13, 2021 @ 11:00 AM

The Britton Deerfield School District located in Britton, Michigan seeks proposals from qualified vendors for the provision, installation, configuration, programming, and commissioning of HVAC building automation/controls system for the Deerfield School Building located at 252 Deerfield Road, Deerfield, Michigan.

SCOPE OF WORK

The selected vendor will provide a HVAC building automation/controls system for the following HVAC components:

Direct digital controls for 26 classroom unit ventilators Direct digital controls for 1 gymnasium air handler Direct digital controls for control of the hot water heating plant Direct digital controls for the air-cooled chilled water plant Direct digital controls for 12 zones of fintube radiation Direct digital controls for 7 blower coil units

A minimum three years licensing for HVAC building automatic/controls systems, including all necessary hardware and software to connect the systems to the District’s information technology network.

The selected vendor will be responsible for providing, installing, configuring, programming, and commissioning the HVAC building automation/controls system within the Deerfield School Building. The selected respondent will also be responsible for the provision/creation of all graphics necessary to create a customized floorplan of the Deerfield School Building within the selected program.

Software Licenses Respondents must provide pricing for a minimum three-year license to any and all software and/or web-based applications that are required for operation and/or performance of the proposed system(s) included in the respondent’s proposal. Detailed specifications about each software/application program must be included with respondent’s proposal, including why the software/application is necessary and how it relates to the applicable system components.

Prospective respondents that desire an opportunity to walk-through/review the existing conditions within the Deerfield School Building should contact Superintendent Stacy Johnson at Stacy.Johnson@bdschools.us to schedule a site visit.

https://www.bdschools.us/ https://www.bdschools.us/schools/deerfield-building/ mailto:Stacy.Johnson@bdschools.us

PREFERRED HVAC BUILDING AUTOMATION/CONTROLS SYSTEM FEATURES

The preferred HVAC Building Automation/Controls System will maintain at minimum the following features and benefits:

Powerful, comprehensive building management with intuitive, point-and-click graphical access

Dynamic color floor plans of the Deerfield School Building that convey a quick and easy-to-understand synopsis of current building conditions (i.e. temperature, humidity levels, etc.)

Customizable graphics, schedules, trends, reports, and alarms Inherent tools for measuring, analyzing, and comparing comfort conditions against setpoints Data storage capabilities that allow for quick review of building operation/performance data for up to at least the last 24-hour period Fault and other systems issue(s) detection and notification capabilities to provide real-time notices to identified personnel of building and systems issues Capable of providing energy use data to assist the District in making informed decisions related to energy conservation HVAC and building systems data must be available to select users anytime/anywhere through an internet-connected device Mobile device friendly app that allows for access and control from an internet-connected (whether data or Wi-Fi) mobile phone or tablet

CONTRACT DOCUMENTS

The Contract Documents for the HVAC Systems Controls include the following:

1. This RFP;

2. The written Agreement between the selected Respondent and the Britton Deerfield School District;

3. Any addenda issued by the Britton Deerfield School District and any mutually agreed upon, written clarifications between the Britton Deerfield School District and the selected Respondent; and

4. Those portions of the selected Respondent’s proposal to the Britton Deerfield School District in response to this RFP which were accepted and agreed upon by the Britton Deerfield School District for implementation.

Respondents to this RFP must include a draft copy of any contracts, including system licensing contracts which the Britton Deerfield School District will be expected to enter into should the District select Respondent’s proposal.

PROJECT TIMELINE

The Britton Deerfield School District does not have an established timeline for this project, but desires project implementation and completion as soon as feasibly possible. Respondents should provide a detailed timeline describing project activities and key milestone dates, which provide the Britton Deerfield School District with an honest and realistic assessment of when each portion of the project will be completed.

PROJECT WARRANTY

The selected respondent warrants that materials and equipment furnished as part of the work will be of good quality and new. The selected respondent will warrant that all work will conform to the requirements of this RFP and be free from defect.

If required by the Britton Deerfield School District, the selected respondent shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

In addition to any other warranties, guarantees or obligations applicable as a matter of a law and not in limitation of the terms of the Contract Documents, the selected respondent warrants and guarantees that:

1. Britton Deerfield School District will have good title to the Work and all materials and equipment incorporated into the Work and will be new;

2. The Work and all materials and equipment incorporated into the Work will be free from all defects, including any defects in workmanship or materials;

3. The Work and all equipment incorporated into the Work will be fit for the purpose for which they are intended;

4. The Work and all materials and equipment incorporated into the Work will be merchantable; and

5. The Work and all materials and equipment incorporated into the Work will conform in all respects to the Contract Documents.

Upon notice of the breach of any of the foregoing warranties or guarantees or any other warranties or guarantees under the Contract Documents, the selected respondent, in addition to any other requirements in the Contract Documents, will commence to correct such breach within seven (7) days after written notice thereof and thereafter will use its best efforts to correct such breach to the satisfaction of the Britton Deerfield School District; provided that if such notice is given after final payment hereunder, such seven (7) day period shall be extended to fourteen (14) days. The foregoing warranties and obligations of the selected respondent shall survive the final payment and/or termination of the Agreement between the Britton Deerfield School District and the selected respondent.

The selected respondent shall, at the time of final completion of the Work and as a condition precedent to final payment to the selected respondent, assign to the Britton Deerfield School District all manufacturers' warranties related to the materials and labor used in the Work. The selected respondent further agrees to perform the Work in such manner as to preserve any and all such manufacturers' warranties and deliver to the Britton Deerfield School District the warranties, project manuals, operating procedures, and other materials related to each of the systems and materials included in the selected respondent's Work and as required by the Contract Documents.

GENERAL CONDITIONS

These general terms and conditions will apply to all purchases and will be incorporated into and be part of any solicitation for goods and/or services and every contract entered into by the Britton Deerfield School District, unless otherwise specified in writing by the Britton Deerfield Board of Education or the Superintendent. Within these general terms and conditions, the term, “selected respondent” refers to the entity whose proposal was accepted by the District.

1. Proposed terms, prices, and other commitments represent an offer to contract on the part of the respondent that, if accepted by the District, will become a legally binding contractual relationship between the District and respondent.

2. All proposed terms, prices, and other commitments must remain in effect for at least 90 days from the date on which proposals where due to the District.

3. No respondent may withdraw a proposal after submission of the proposal to the District except in the case where a respondent demonstrates to the District’s satisfaction that a material and substantial mistake was made in preparing the proposal, in which event the respondent has 24 hours after receipt of the proposal by the District to deliver to the District, a notice in writing that respondent desires to withdraw its proposal describing the reasons for withdrawal. Once a proposal is withdrawn, it may not be re-submitted.

Furthermore, if a bidder makes an error in extension of prices in a bid, the unit price shall govern at the discretion of the District.

4. The District reserves the right to waive any informalities or immaterial omissions or defects in any proposal. In the case of error in the extension of prices in the proposal or other arithmetical error, the unit (line-item) price shall govern.

5. The District will not pay any costs associated with the preparation or submission of any proposals and/or any other expenses associated with any proposal in response to this

RFP.

6. The District reserves the right to reject any and all bids or accept part and reject part of any bid, with or without cause and for any reason.

7. The District is a public school district exempt from taxation. The District will furnish the successful respondent with tax exempt certificates and other required information upon request.

8. Respondents must not be debarred, suspended, or proposed for debarment by any federal entity. Submission of a proposal in response to this request for proposals represents respondent’s acknowledgement that respondent is not debarred, suspended, or proposed for debarment by any federal agency.

9. Pursuant to Michigan’s Freedom of Information Act, proposals received by the District become public records subject to disclosure to requesting third parties after the time and day at which proposals are due. The District will comply with its obligations under the law and may disclose the contents of a respondent’s proposal if such is requested under

FOIA.

10. Delivery of the goods and/or services to the District shall be made in the quantities and at the time or times specified in the Contract Documents. Time is always of the essence and failure to deliver the goods or perform the services within the time specified shall constitute a material default by the selected respondent. All goods will be delivered District FOB.

11. The selected respondent will indemnify, hold harmless, and defend the District from any and all claims, causes of action, or liability of any nature, whether arising out of tort, contract, statute, ordinance, or otherwise, which may be asserted against the District due to the acts or omissions of the selected respondent, its agents, employees, or subcontractors related to the performance of its obligations to the District.

12. Selected respondent agrees that the District will not be liable to the selected respondent, or any third party, for: (1) any liability claims, loss, damages, or expense of any kind, including, but not limited to any loss of profits or eligibility to receive profits, arising directly or indirectly out of the selected respondent’s provision of the goods and/or services; (2) any incidental or consequential damages, however caused, and the selected respondent agrees, to the extent allowable by law, to indemnify and hold the District harmless against such liabilities, claims, losses, damages (consequential or otherwise) or expenses, or actions in respect thereof, asserted or brought against the District by or in right of third parties; or (3) any punitive damages. For purposes of these terms and conditions, incidental or consequential damages shall include, but not be limited to, loss of anticipated revenues, income, profits or savings; loss of or damage to reputation or good will; loss of business or financial opportunity; or any other indirect or special damages of any kind categorized as consequential or incidental damages under Michigan law.

13. The selected respondent will serve as an independent contractor of the District. The selected respondent alone is responsible for the hiring, supervising, and payment of any assistants, subcontractors, or other individuals necessary for the selected respondent’s performance of its obligations to the District. The selected respondent shall be responsible for the payment of any and all federal, state, and local taxes and any and all fees applicable to the selected respondent’s provision of the goods and/or services to the District unless otherwise agreed to in writing by the District Superintendent.

14. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.321, et seq.), Public Act

451 of 1976, as amended (MCLA 380.1 et seq.), and District Board Policy no contracts shall be entered into between the District, including all agencies and departments thereof, and any District agent, unless such is expressly authorized by the law and District Board Policy and the proper steps have been followed. To avoid any real or perceived conflict of interest, respondents must, when requested, provide the District with a signed and notarized familial disclosure affidavit and shall promptly notify the District Superintendent in writing of any familial or business relationship that exists between the selected respondent and any board member or employee of the District.

15. These general terms and conditions shall bind and inure to the benefit of the District and the selected respondent, their successors, and approved assigns, if any.

16. These general terms and conditions are enforceable only by the District and the selected respondent. No other person or entity may enforce any of these terms or conditions and/or any of the terms or conditions contained in a written agreement between the District and the selected respondent, nor are any of the before-mentioned items intended to confer third party beneficiary status on any third party.

17. The selected respondent must perform its obligations to the District in compliance with all federal, state, and local laws applicable, and with all regulations and administrative rules established pursuant to those laws.

18. The District shall have the right at all times to enforce the provisions of these general terms and conditions in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of the District in refraining from doing so at any time or times. The failure of the District at any such time or times to enforce its right under such provisions shall not be constructed as having created a custom in any way or manner, contrary to specific provisions of these general terms and conditions or as having in any way or manner modified or waived the same. If any provision of these terms and conditions shall be held invalid by any applicable statute or regulation or by a decision of a court of competent jurisdiction, such invalidity shall not affect any other provision of these general terms and conditions that can be given affect without the invalid provision, and, to this end, the provisions hereof are severable.

19. These general terms and conditions shall be deemed to have been executed in the state of Michigan and the substantive laws of the state of Michigan shall govern the enforcement of these general terms and conditions and the rights and remedies of the District and the selected respondent.

20. The District and the selected respondent agree that no person shall be subject to unlawful discrimination based on race; national or ethnic origin; color; sex; religion; age;

sexual orientation; gender expression or identity; pregnancy; marital status; familial status;

economic status or source of income; mental or physical disability; or military service in programs, activities, services, benefits, or employment in connection with these terms and conditions.

21. When necessary, the District may disclose to the selected respondent confidential information which is protected under state and/or Federal law such as the Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”), the Individuals with Disabilities Education Act (“IDEA”), the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Patient Protection and Affordable Care Act of 2010, Section 504 of the Rehabilitation Act of 1973. The selected respondent agrees to make reasonable effort to: (i) not use any of the District’s confidential information or for its own use or for any purpose other than the specific purpose of providing the services described herein; (ii) not voluntarily disclose any of the District’s confidential information to any other person or entity; and (iii) to take all reasonable measures to protect the confidentiality of, and avoid disclosure or use of, the District’s confidential information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized to have such information.

22. In addition to any insurance required by applicable law, the selected respondent must obtain and maintain throughout the term during which service will be provided the following minimum amounts of insurance:

Public liability: $1,000,000 Professional liability: $1,000,000 Excess liability: $2,000,000 Worker’s compensation: as required by Michigan law

23. The selected respondent warrants and further guarantees that the services will be provided to the District with all due diligence and dispatch and will be performed with the highest degree of skill and competence. Services will be performed in a workmanlike manner and in compliance with all applicable laws and regulations.

The Britton Deerfield School District reserves the right to reject any and all proposals received with or without cause, and reserves the right to select the proposal which is determined to be in the best interest of the Britton Deerfield School District.

SUBMISSION REQUIREMENTS

Proposals submitted in response to this RFP are to follow the outline described below and must address all requested information. Any additional information that respondent wishes to include that is not specifically addressed below should be included in the appendix to the proposal.

Respondents are encouraged to keep proposals brief and to the point.

Respondents to this RFP must submit the following information to the District’s Superintendent, Stacy Johnson, at or before 11:00 AM, on August 13, 2021. Proposal documents may be delivered to either of the following:

Britton Deerfield School District OR Stacy.Johnson@bdschools.us Attn: Stacy Johnson, Superintendent 201 College Ave.

Britton, MI 49229

Proposals should be prepared in a manner that is simple and economical, but sufficiently detailed to allow the District to make an informed decision.

1. Cover letter – Respondent’s must provide a cover letter signed by an authorized official who can legally bind the respondent in contract. The cover letter should confirm respondent’s understanding of this RFP and should include a general understanding of the scope of work and an overview of the history and qualifications of the individual/firm.

The cover letter should also include a proposed timeline for completion of the work.

2. Fees – Respondent must detail any and all costs associated with respondent’s provision and performance of the goods and services proposed in respondent’s response to this RFP. Respondents proposed fee should include a total, not to exceed lump sum amount for the provision of the goods and services described in this RFP. The fee provided must include all general conditions, if any, that respondent expects to incur for the project.

Specific goods and services included in the lump sum should be detailed in a line item format so that reviewers can determine what fees are applicable to which goods and services.

3. Requirements of the District – Respondent must detail all requirements of the District and should also note any exceptions to the District’s general terms and conditions applicable to this RFP.

4. Proof of Insurance – Respondent must provide proof of insurance that meets the requirements of this RFP.

5. District forms – Respondent must complete and provide the following forms, which are included with this RFP:

A. Familial Disclosure B. Affidavit of Compliance Iran Economic Sanctions Act C. Conflict of Interest Certification D. Michigan-based Business Form E. Suspended or Disbarred Vendor Form

All proposals must be received no later than 11:00 AM on August 13, 2021. Proposals received after that time may be rejected at the discretion of the District. Proposals will only be accepted if submitted electronically via email or in hard copy form to the attention of the District’s Superintendent.

Questions and Addenda Please direct all questions regarding this request for proposals to Stacy Johnson via email at Stacy.Johnson@bdschools.us. Questions will only be addressed via email so that responses can be shared with all interested parties in the form of addenda to the RFP. Questions must be submitted no later than 5:00 PM on Friday, August 6, 2021.

mailto:Stacy

Britton Deerfield School District Proposal Form – Michigan Business Certification

Modified on January 25, 2016

Michigan Business Certification & Authorization for Verification

The undersigned, the owner or authorized officer of __________________________________________ (the “Bidder”) hereby certifies that it has submitted a bid or proposal to the Britton Deerfield School District and that the Bidder is a “Michigan Business” as defined in MCL 18.1268(1) and (2). The Bidder certifies that it has, within the 12 months immediately preceding the bid/proposal deadline or for the period that the business has been in existence, if the business is a newly established within the 12 months immediately preceding the bid deadline:

1. Filed a Michigan single business tax return or Michigan business tax return showing a portion or all of the income tax base allocated or apportioned to the state of Michigan pursuant to the former single business tax act, 1975 PA 228, or the Michigan business tax act, 2007 PA 36, MCL 208.11101 to 208.1601; or

2. Filed a Michigan income tax return showing income generated in or attributed to the state of Michigan; or

3. Withheld Michigan income tax from compensation paid to the bidder’s owners and remitted the tax to the department of treasury.

The Bidder further certifies that its filing or withholding satisfying one or more of the above criteria was more than a nominal filing for the purpose of gaining the status of a Michigan business, but shall indicate a significant business presence in the state, considering the size of the business and nature of its activities.

The Bidder hereby authorizes the Michigan Department of Treasury to verify that the Bidder has or has not satisfied at least one of the above-enumerated criteria. This authorization shall permit the Michigan Department of Treasury to disclose the verifying information to the Britton Deerfield School District in accordance with the procedures established by Section 28 of 1941 PA 122, MCL 205.28 and Section 623a of 1976 PA 451, MCL 380.623a.

Bidder Name: ______________________________________________

Bidder EIN #: ______________________________________________

By: ______________________________________________________

Authorized Representative Name: ______________________________

Its: ______________________________________________________

Date: ____________________________________________________ State of _________________) )ss.

County of ________________)

This instrument was acknowledged before me on the _____ day of _________________, _______, by

Notary Public

____________________ County, _________

My commission expires: _______________