Instruction to Bidders - Filter First.pdf

ATHERTON COMMUNITY SCHOOLS

3354 SOUTH GENESEE ROAD

BURTON, MICHIGAN 48519

INVITATION TO BID

FILTERED DRINKING WATER STATIONS

Atherton Community Schools is seeking sealed bids from qualified vendors to provide and install filtered drinking water stations and universal cartridge water filters for district-wide use in accordance with Michigan’s “Filter First” law and federal regulations. This project is funded under the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Filter First –

Healthy Hydration Grant. The selected vendor must initiate the procurement of water filtration systems immediately upon board approval to ensure timely delivery and compliance with grant requirements.

Bids will be accepted until 12 PM on Thursday, April 24, 2025. Bids will be publicly opened and read aloud on Thursday, April 24, 2025, at 12:00 PM at Atherton Community Schools

Central Office. No oral, telephone, e-mail, telegraphic or facsimile proposals will be accepted.

No proposals will be accepted after the time of closing.

Bids shall be firm for ninety (90) days from the date of their opening. All bids must meet or exceed the specifications contained herein. Bids must be signed by the bidder. Two (2) signed copies of the bid form should be sealed with outside of the envelope clearly addressed to the attention of

Tina Case

Superintendent

Atherton Community Schools

3354 South Genesee Road

Burton, MI 48519

“BID ENCLOSED: ATHERTON FILTERED DRINKING WATER STATIONS”

No pre-bid walk through has been scheduled. Any bidder wanting to visit the site, contact Jason

Hammon at jhammon@athertonschools.org or (810) 407-4311 to schedule a time.

The Atherton Community School District may have asbestos containing building materials present in it. For specific locations contact Jason Hammon, Maintenance/Transportation

Director. If asbestos-containing material is found or suspected for remediation the Contractor must notify Jason Hammon in writing. All material used in this project must be asbestos and lead free. In accordance with MiOSHA regulations, contractor employees who work in areas where they may contact, but not disturb asbestos-containing materials, must receive asbestos awareness training from their employer.

Contractors and their sub-contractors are required to comply with the Atherton Community

Schools Safety Rules and Accident Prevention plan, a copy of which is enclosed.

Any questions should be referred to Jason Hammon, Maintenance/Transportation Director, at

(810) 407-4311.

mailto:jhammon@athertonschools.org

SCOPE OF PROJECT:

Timeline: Work can begin on June 11, 2025, and must be completed on or before July 28, 2025.

1) Removal of Existing Hydration Units.

a) Project owner will keep existing hydration units.

2) Supply and Install: Filtered Hydration Stations – Quantity 8

a) Elkay LZS8WSLK ezH20 Bottle Filling Station, Refrigerated, Filtered, Light Gray Model

#: WBB384182N. Please note that alternate equipment will not be considered for this project. Please quote the specified equipment as indicated in this proposal.

• Must connect to existing plumbing (water and sanitary) and electrical infrastructure where existing equipment is being replaced. Where new equipment is being installed, plumbing (water and sanitary) and electrical will need to be installed also.

• Certified to meet NSF/ANSI Standard 53 (lead reduction) and NSF/ANSI

Standard 42 (particulate removal).

• Flow rate must align with specified filtered cartridge capacity.

• Equipped with filter replacement indicator.

• Must include a drinking fountain and meet NSF/ANSI Standard 61.

3) Supply: Replacement Cartridge Water Filters – Quantity 26

a) Elkay LZS8WSLK replacement filters.

4) Supply and Install: Faucet-mounted lead filters – Quantity 17

a) PUR PLUS vertical faucet filtration system with filter light or comparable unit. Location of installation to be determined.

5) Supply: Filtered pitchers – Quantity 5

a) Brita metro elite water filter pitcher or comparable unit.

See attachments for building maps with locations starred noting the bottle station locations.

Prevailing Wage

Compliance with Prevailing Wage Laws: This project is subject to prevailing wage laws. The awarded contractor shall comply with all applicable federal, state, and local prevailing wage requirements, including but not limited to the Michigan Prevailing Wage Act. The act requires contractors and subcontractors on state-funded construction projects to pay workers’ wages and benefits comparable to union rates in the area.

Wage Determination: The prevailing wage rates applicable to this project shall be as determined by the Michigan Department of Labor and Economic Opportunity (LEO). These rates shall remain in effect for the duration of the project unless updated by LEO. The contractor is responsible for ensuring that all workers on the project are paid at or above the applicable prevailing wage rates.

Subcontractor Compliance: The contractor shall ensure that all subcontractors engaged in the project also comply with prevailing wage requirements and provide necessary documentation.

The contractor is responsible for ensuring that all workers on the project, including those employed by subcontractors, are paid at or above the applicable prevailing wage rates.

Penalties and Remedies: Failure to comply with prevailing wage laws may result in penalties, back payments, and other legal consequences. The contractor shall be responsible for any penalties assessed due to noncompliance and agrees to indemnify and hold harmless the Client from any such liability.

Agreement Term: The prevailing wage agreement shall commence upon acceptance of the bid and remain in effect for the duration of the project. Supporting documentation will be required prior to acceptance of the bid and with each pay application. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, and any disputes shall be resolved in the appropriate courts within that jurisdiction.

Other

Contractors will be responsible for any and all damage due to construction. Any damage caused by the contractor must notify the district in writing of the damage, and the contractor must repair within ten (10) working days at the expense of the contractor. If damage occurs, the contractor will be liable for such damages.

Contractors shall be responsible to clean-up all debris and dispose of it off-site.

You may schedule a site visit with Jason Hammon, Maintenance/Transportation Director, prior to submitting a bid by contacting 810-407-4311 or emailing directly to jhammon@athertonschools.org.

Attachments to RFP:

• Attachment B – Bid Form

• Attachment C – Familial Statement

• Attachment D – Vendor Certification Statement – NOT an ‘Iran Linked Business’

• Bid Bond (or certified check) – 5% of the amount of the bid.

Terms/Conditions & Bidding Requirements

1. All bids must be based on prevailing wage rates.

2. All vendor(s) are required to adhere to all job site rules and regulations as governed by the Owner(s) when working at Atherton Community Schools.

3. Should any equipment become installed by the Contractor at Atherton Community

Schools, final location and termination of equipment may be subject to minor changes

(at no charge to the Owner[s]) in the field to accommodate the Owner(s) needs.

4. The Owner(s) is an Equal Opportunity Employer. Pursuant to the Executive Order

11246, as amended, the vendor is advised that under the provisions of this order, contractors and subcontractors are obliged to take affirmative action to provide equal employment opportunity without regard to race, creed, color, national origin, age, or sex.

5. Each bid shall state the complete and total delivered price to Atherton Community

Schools. Price shall include all costs and charges. Please specify the anticipated delivery date in your bid.

6. This request for bids does not commit the Atherton Community Schools Board of

Education to pay any costs or expenses incurred by the vendor for the preparation and submission of a bid, including any bonding requirements and/or any demonstrations that are requested related to the bid. The Board reserves the right to accept or reject any and all bids. The Board reserves the right to split the bid between one or more vendors if it is in the best interest of the District.

7. The Atherton Community Schools Board of Education reserves the right to accept any bid, reject any part or all bids or to waive any information in the bids should they deem it to be in the best interest of the District.

8. The Board reserves the right to award the bid after selected board meeting date.

9. By submission of the bid, the bidder declares and certifies:

1. That the said bidder is of lawful age and the only one interested in this bid and that no one other than said bidder has any interest herein.

2. That this bid is made without any previous understanding, agreement, or connection with any other person, firm, or corporation making a bid for the same purpose and is in all respects fair and without collusion or fraud.

10. That no member of the Governing Body (Board of Education, Company Board, etc.) or the Owner(s), nor any officer or employee or person whose salary is payable in whole or in part from the treasury of said Owner(s), is directly or indirectly interested in this bid or in the supplies, materials, equipment, work, or services to which it relates or in any portion of the profits therein

11. All bid prices shall remain firm for ninety (90) days from the bid opening date. After the award of the contract, all contract prices shall remain in effect for the duration of the project as stipulated in the project. The Owner(s) may add elements to or delete elements from the contract using unit prices provided in the selected vendor’s proposal.

12. As part of the base bid, the selected vendor shall provide service in complete compliance with the specifications that have been prepared for this project.

13. The base bid price shall include, but is not limited to, all services, materials, supplies, shipping, applicable taxes, insurance, labor, etc. for the turnkey service.

14. All questions relative to service requirements shall be asked at the pre-bid meeting, if applicable (please see specifications for details).

15. A notarized copy of Public Act 232 of 2004, Familial Relationship Disclosure must accompany all bids. Bids submitted without the notarized Public Act 232 of 2004, Familial Relationship Disclosure, will be determined to be a non-bid.

16. The following submittals are required. Absence of any submittals required for the bid proposal may disqualify the bid:

With Bid Proposal

1. Bid Cost Form Attachment B – Attached (hard copies and electronic files on diskette in Excel format – NO EXTERNAL LINKS IN SPREADSHEET OR

OTHER FILE FORMATS ARE ACCEPTABLE) – may use multiple sheets in a workbook. A bid cost form will be provided for each Owner (if more than one).

2. Complete bid response

3. Attachments C and D

Upon Award

4. Detailed Timeline/Resources

Upon Completion: See specific section(s) for additional requirements

17. A post-bid meeting and/or questions requiring a written response may be held/directed to the lowest cost compliant bidder(s) for project clarification, bid clarification, technical solutions, etc.

18. Atherton Community Schools reserves the right to accept or reject any part of a bid, the whole bid, or all bids. Any bid not prepared and submitted in accordance with the provisions stated herein, and/or not deemed to be in the best interest of the Owner(s) will be rejected. Proposal information will not be shared with any other vendor until it is deemed “selected” for recommendation to the Owner(s).

19. Parties submitting bids will be notified of action taken as a result of this invitation to bid.

Vendors may be asked to make one or more presentation(s).

20. The bidders may be required to fill out affidavits of non-collusion supplied by the

Owner(s). The vendor, its employees and representatives, must not make available or discuss any cost information contained in the sealed copy of the proposal to, or with, any employee of all RFP participants from the date of issuance of this RFP until the responses have been publicly opened and announced, unless allowed by Atherton

Community Schools, in writing, for the purpose of clarification or evaluation. Any contact with anyone at the Atherton Community Schools may result in the disqualification of the bidder.

21. The bid proposal, the RFP, and any written clarifications accepted by the Owner(s) shall be binding upon the bidder for performance, as a part of contract documents, should that bidder's proposal be accepted.

22. It is the Owner’s intent to select a service vendor following submission of bid proposals.

However, nature of the proposals, the bid price, and other Owner(s) requirements may alter the timeline for installation and/or requirements in this request.

23. The Owner(s) reserves the right to cancel the RFP and rescind any awards, prior to the start of work, if the work will be delayed more than six (6) months due to circumstances beyond its control. The Owner(s) or its representatives will not be liable for any vendor costs prior to the Owner(s) authorizing the start of work.

24. In accordance with Michigan Public Act 517 of 2012, the Iran Economic Sanctions Act, MCL 129.311, et seq., effective date April 1, 2013, all vendors must certify that they are not an “Iran Linked Business” in order to submit a proposal. The Act prohibits individuals who have economic relations with Iran from submitting bids on request for proposals with the state or any other public entities. The Act also includes penalty provisions for submittal of false certifications. See Attachment D.

25. The District will require proof of professional liability insurance with errors and omissions coverage, workers compensation insurance, general liability and automobile insurance with companies authorized to do business in Michigan, and in amounts meeting or exceeding the amounts listed in Attachment B.

Contract, Delivery and Payment

26. Atherton Community Schools is exempt from Michigan Sales and Use Taxes. Tax exemption information will be provided in the contract signed with the awarded vendor.

The vendor shall independently determine if it will be subject to sales and use taxes on components purchased to complete the project. The Owner will not pay any sales or use taxes on the complete project and / or any sales or use taxes required of the vendor for components used to complete the work.

27. The vendor agrees (to the fullest extent permitted by law) to release, discharge, defend, indemnify, and hold harmless the Owner(s) from past, pending, or future litigation associated with this project.

28. The vendor and manufacturer confirm that they either hold patents, copyrights, or have permission to sell, distribute, and install the product (equipment, software, etc.) as configured for this project. Furthermore, the vendor has secured authorization and grants a limited license to the Owner(s) for normal use and configuration of all system software for a duration of not shorter than the product’s life. The Owner(s) agrees not to sell or allow third parties to duplicate proprietary software for the purpose of distribution or resale.

29. The respondent to this RFP shall be totally responsible for any and all costs of patents, copyrights, and other intellectual property necessary for the use of the equipment and software offered to the Owner. Any cost included in the respondent’s proposal specifically payable to a third party(ies) for any patent, copyright, or intellectual property shall be itemized and “unit” priced. Should any patent, copyright, or intellectual property become subject to future payments to a third party for the continued use of the equipment and software, the respondent shall hold the Owner harmless from payment for any infringement of any disclosed or undisclosed patent, copyright, or intellectual property fee for the useful life of the equipment and software. Such useful life shall be clearly stated in the respondent’s proposal. If, at any time in the future, the respondent or related third party(ies) does offer indemnification to any customer, the Owner too would be eligible for a new contract (without price or service changes) that offers them the same protection.

30. The manufacturer and installing vendor agree to hold harmless and protect the Owner from all existing or pending lawsuits arising from copyright infringements or patent violations per local, state, or national laws. In the event a manufacturer or installer violation occurs, the manufacturer and installing vendor will refund one hundred percent

(100%) of the monies paid. Absence of doing so will warrant termination of the contract and cause issuance of a claim against the Performance, Labor and Materials Bond.

Protection of persons and property

31. Provider-supplied materials used or brought on site shall be asbestos-free and lead-free.

Asbestos-free and lead-free are defined as materials that contain zero percent (0%) asbestos or lead. All contractors are to submit to the Owner(s) proof that their materials are free of asbestos and lead.

32. All work performed by the vendor shall meet and / or exceed all federal, state, and local regulations.

33. The provider shall comply with all applicable provisions of the Occupational Safety and

Health Act (OSHA) throughout the duration of the specified work. Any work performed or materials brought on site that do not comply with OSHA shall be corrected by the vendor with no cost or responsibility incurred by the Owner(s).

34. Under no circumstance is any representative of the vendor to disturb any asbestos-containing material. All vendors are advised, as may be required by the federal Asbestos

Hazard Emergency Response Act (AHERA) or otherwise, that Owner(s) buildings may have asbestos-containing materials present. All areas testing positive for asbestos are documented in booklets located on site.

35. All thermal insulation such as pipe wrap, especially joints, does or should be assumed to contain asbestos. Contractors are cautioned not to attempt removal of these materials for any reason without first notifying, in writing, the Owner(s).

36. The vendor shall indemnify the Owner(s), its officers, employees and agents against liability, including costs of actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of performance of this agreement.

3354 South Genesee Road

Burton, MI 48519

BID FORM - PROJECT: FILTERED DRINKING WATER STATIONS

Company Name: ______________________________________________________________

Address: _____________________________________________________________________

Contact Number: _________________________ Fax Number: ________________________

Email Address: __________________________ ___________________________________

Contact Person: __________________________ Title: _______________________________

Prevailing Wage Guaranty (must supply wage and fringe documents during project):

Bid Bond – 5% of bid amount

Specification Breakdowns:

I have read, understand and agree to supply and deliver the project as described in these specifications. Base bid includes ALL related charges and fees associated with the project described in specifications in the bid project description.

Authorized Signature Title

Print Name Date Each bid must be submitted on this BID FORM in a sealed opaque envelope. The bids shall be clearly marked on the outside of the envelope, “BID ENCLOSED: ATHERTON FILTERED

DRINKING WATER STATIONS”, and addressed as follows:

TINA CASE - ATHERTON COMMUNITY SCHOOLS

3354 S. GENESEE ROAD

BURTON, MI 48519

Bids received after Thursday, April 24, 2025 at 12:00p.m. or bids submitted by fax or electronic mail, will not be accepted.

Base Bid:

Estimated Completed Date:

Attachment B

This instrument was acknowledged before me, a Notary Public, in and for County, on this day of , 20 .

State

Notary Public Signature Date

My Commission Expires:

Acting in the County of:

Burton, MI 48519

PUBLIC ACT 232 OF 2004

FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT

All bids must be accompanied by a sworn and notarized statement disclosing and familial, or other business relationship existing between the bidder (respondent to this Bid) and all employees of the bidder and any member of Atherton Community Schools Board of Education, the Superintendent of the District and/or any other official of the District. Any bids that do not include this sworn and notarized statement shall not be accepted.

Owner Name & Address:

ATHERTON COMMUNITY SCHOOLS

Burton, MI 48519

Contractor/Vendor/Respondent Information:

Name:

Address:

Contact Number:

Statement of Business or Familial Relationship:

Person Authorized to Bind the Contractor/Vendor/Respondent:

Print Name Title

Signature Date

Attachment C

Burton, MI 48519

PUBLIC ACT 517 OF 2012

IRAN ECONOMIC SANCTIONS ACT CERTIFICATION

I am the of , or I am bidding in my individual capacity (“Bidder”), with authority to submit a binding bid for the provision of services to ATHERTON COMMUNITY SCHOOLS. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL

129.311, et seq. (“Act”). I am fully aware that the school district will rely on my representations in evaluating bids.

I certify that Bidder is not an Iran-linked business, as that term is defined in the Act. I understand that submission of a false certification may result in contract termination, ineligibility to bid for three (3) years, and a civil penalty of $250,000 or twice the bid amount, whichever is greater, plus related investigation and legal costs.

Any bids that do not include this Certification shall not be accepted.

Owner Name & Address:

ATHERTON COMMUNITY SCHOOLS

Burton, MI 48519

Contractor/Vendor/Respondent Information:

Name:

Address:

Contact Number:

Person Authorized to Bind the Contractor/Vendor/Respondent:

Print Name Title

Signature Date

Attachment D