ITB 1753 - TVHS Auditorium Curtain Replacement.pdf

800 S Taft Avenue ● Loveland, CO 80537 ● Office (970) 613-6875 ● Fax (970) 613-6887

09/11/2025

INVITATION TO BID

Bid #1753

Auditorium Curtain Replacement Thompson Valley High School

Bid Due Date: Tuesday, October 7, 2025

Bid Closing Time: 2:00 p.m.

Bids Must Be Received By Date and Time Specified to Be Considered

Submit Sealed Responses via

Bidnet or email @ diana.birnbaum@tsd.org

The following are requirements of this Bid:

(However may in no way constitute all documents required for this Bid.

Present at Mandatory Pre-Bid Conference Completed & Signed Response Forms Bid Bond – 5% of Total Base Bid Proposed Insurance Certificates - Within 10 Calendar Days of Award Notification

Important Dates:

Mandatory Pre-Bid Conference: Tuesday, Sept. 23, 2025 at 11:00am @ TVHS Questions Due by: 2:00 p.m., Friday, September 26, 2025 Answers Due by: 2:00 p.m. Tuesday, September 30, 2025 Bids Due by: 2:00 p.m. Tuesday October 7, 2025

*For Technical Questions Regarding This Solicitation, Please Contact Diana Birnbaum, Buyer at (970) 613-6875 Email – diana.birnbaum@tsd.org

Issued By Thompson School District R2-J Purchasing Department

Materials & Procurement mailto:diana.birnbaum@tsd.org

BID# 1753

INVITATION TO BID

Auditorium Curtain Replacement – Thompson Valley High School

Issued By

THOMPSON SCHOOL DISTRICT R2-J

Purchasing Office 800 S Taft Avenue

Loveland, Colorado 80538

SECTION I. GENERAL TERMS AND CONDITIONS

1. APPLICABILITY

These General Terms and Conditions apply to all offers made to Thompson School District R2-J (herein after referred to as “District”) by all prospective vendors (herein after referred to as “Bidder”) on behalf of District Solicitations including, but not limited to, Invitations to Bid, Requests for Proposals, Requests for Quotes, and Requests for Qualifications. As such, the words, “Bid” and “Proposal” are used interchangeably in reference to any and all offers submitted by prospective vendors.

2. CONTENTS OF BID

A. General Conditions

Bidders are required to submit their Proposals in conjunction with the following expressed conditions:

1. Bidders shall thoroughly read the specifications and shall examine any drawings which may be incorporated into the Bid documents. As Bid documents frequently change for each Solicitation, veteran Bidders shall not assume that his Solicitation contains the same terms and conditions that were supplied in prior Solicitations. The District is not obligated to identify either minimal or substantial modifications to Bid documents.

2. Bidders shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of services, materials and equipment as required by the Bid conditions. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirement of the District or the compensation to the Bidder.

3. Bidders are advised that all District contracts are subject to all legal requirements contained in the District Purchasing’s

Administrative Orders and State and Federal Statutes. When conflicts between this Bid Solicitation and these legal documents occur, the highest authority shall prevail.

4. Bidders are required to state exactly what they intend to furnish to the District via this Solicitation and must indicate any variances to the terms, conditions, and specifications of this Bid; no matter how slight. If variations are not stated in the Bidder’s Proposal, it shall be construed that the Bidder’s Proposal fully complies with all conditions identified in this Bid.

5. Bidders are advised that the Board of Education of Thompson School District R2-J strongly endorses the participation and utilization of local vendors in its purchasing effort. Accordingly, Bid Proposals of equal price and quality will be awarded to Bidders residing within District geographic boundaries when available. This policy does not prohibit Bidders who reside outside of the District boundaries from participating in the purchasing process as long as these Bidders can offer quality products and services at competitive pricing.

Bid #1753: Auditorium Curtain Replacement -

TVHS

General Terms &Conditions

B. Clarification and Modifications in Terms and Conditions

1. Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Technical Specifications outlined in this Bid Solicitation, the Special Conditions and/or the Technical Specifications shall prevail.

2. The apparent silence or omissions within this Bid Solicitation regarding a detailed description of the materials and services to be provided shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used.

3. If any Bidder contemplating submitting a Proposal under this Solicitation is in doubt as to the true meaning of the specifications, the Bidder must submit a written request for clarification to the District’s Director of Purchasing. The Bidder submitting the request will be responsible for ensuring that the request is received by the District at least five (5) calendar days prior to the scheduled bid opening.

4. Any official interpretation of the Bid must be issued in writing by an agent of the District’s Purchasing Office who is authorized to act on behalf of the District. The District shall not be responsible for verbal interpretations offered by employees of the District who are not agents of the District’s Purchasing Office.

5. The District shall issue a written Addendum if substantial changes which impact the technical submission of Proposals are required. A copy of such addenda will be mailed or distributed via facsimile transmission to each Bidder receiving the Solicitation. The Bidder shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Bid. In the event of conflict with the original Contract documents, addenda shall govern all other Contract Documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

C. Prices Contained in Bid

1. Current Prices. Bid Proposals must be fixed and firm to the extent required in the Special Conditions.

2. Discounts. Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes.

3. Taxes. Bidder will neither include Federal, State nor applicable Local excise or sales taxes in bid prices as the District is exempt from payment of such taxes. An exemption certificate will be provided where applicable upon request.

4. Collusion. The Bidder, by affixing its signature to this Proposal, certifies that its Proposal is made without previous understanding, agreement, or connection with any persons, firms or corporations offering a Bid Proposal for the same items, or with the District. The Bidder also certifies that its Bid is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. To insure integrity of the District’s public procurement process, all Bidders are hereby placed on notice that any and all Bidders who falsify the certifications required in conjunction with the section shall be prosecuted to the fullest extent of the law.

3. PREPARATION AND SUBMISSION OF BID

A. Preparation

Bid Proposals will be prepared in accordance with the following:

1. The Proposal must be typed or legibly printed in ink. The use of erasable ink is not permitted. All corrections made by the Bidder must be initialed in ink by the authorized agent of the Bidder.

2. Bid Proposals must contain a manual signature of an authorized agent of the Bidder in the space provided on the Bid Proposal Form. If the Bidder’s authorized agent fails to sign the Bid Proposal Form, its Proposal shall be considered a voided offer and shall not be considered.

3. Unit prices shall be provided by the Bidder on the Bid Proposal Form when required in conjunction with the prescribed method of award. The Bidder shall enter “No Bid” for each item where a unit price will not be offered. Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

4. Alternate bids will not be considered unless expressly permitted in the Special Conditions.

5. The delivery and/or completion date(s) provided by the Bidder, if required in the Special Conditions, must be stated in calendar days.

6. All information and supplemental documentation required in conjunction with this Bid shall be furnished by the Bidder with its Bid Proposal. If the Bidder fails to supply and required information or documents, its Proposal shall be considered non-responsive and shall not be considered.

7. The accuracy of the bid Proposal is the sole responsibility of the Bidder. No changes in the Proposal shall be allowed after the date and time of the Bid opening due to error by the Bidder.

B. Submission

1. The Bid Proposal Form shall be enclosed in a sealed envelope and addressed to Thompson School District’s Purchasing Office. The Bidder shall include its name and address on the outside of the envelope.

2. The District’s Bid Proposal Form which is attached to this Solicitation must be used when the Bidder is submitting its bid

Proposal. The Bidder shall not alter this form (e.g. add or modify categories for posting prices offered) unless expressly permitted in an addendum duly issued by the District. No other form shall be accepted.

3. Bid Proposals submitted via facsimile machines may be accepted under mitigating circumstances; provided however, that the Bidder obtains verbal approval from the District Buyer prior to the transmission of the facsimile. The original Bid Proposal must be received by mail or hand delivered to the Purchasing Office within five business days after the date and time of the bid opening. Original Bid Proposals submitted after the five business day period shall be considered non-responsive; thereby invalidating the facsimile transmission.

4. Bidders which qualify their Proposals by requiring alternate contractual terms and conditions as a stipulation for contract award must include such alternate terms and conditions in its Bid Proposal. The District reserves the right to declare the Bidder’s Proposal as non-responsive if any of these alternate terms and conditions are in conflict with, or are not in the best interests of, the District’s terms and conditions. Once bids have been opened, the District shall not consider any subsequent submissions of alternate terms and conditions.

C. Late Bid Proposals

Bid Proposals received after the date and time set for the Bid opening shall be considered non-responsive and returned unopened to the Bidder. Bid Proposals submitted via facsimile which are transmitted after the date and time set for the Bid opening shall be considered non-responsive and transmitted back to the Bidder.

D. Vendor Application and Retention on Bid List

All Bidders are required to have a current vendor application on file with the District’s Purchasing Office prior to the issuance of any purchase order.

It is the Bidder’s responsibility to update its application with new addresses, telephone numbers, contact persons, and a listing of commodities and services provided by the Bidder.

To be retained on the active Bidder’s List for the specific commodity or services requested through this Solicitation, the Bidder must respond to this Solicitation. If a Proposal will not be offered by the Bidder, the Bidder must protect its status as an active Bidder for this specific commodity or service by completing and returning the last page of the Bid Proposal Form indicating its reason for “No Bid” at this time. Failure to respond with a Bid Proposal or a “No Bid” response may result in removal from the Bidder’s List for this specific commodity or service.

4. MODIFICATION OR WITHDRAWAL OF BID PROPOSALS

A. Modifications to Bid Proposals

Bid may only be modified in the form of a written notice on company letterhead and must be received prior to the time and date set for the Bid opening. Each modification submitted to the District’s Purchasing Office must have the Bidder’s name and return address and the applicable Bid Number and title of the bid clearly marked on the face of the envelope.

If more than one modification is submitted, the modification bearing the latest date of receipt by the District’s Purchasing Office will be considered the valid modification.

B. Withdrawal of Bid Proposals

1. Bid may be withdrawn prior to the time and date set for the Bid opening. Such requests must be made in writing on company letterhead.

2. In accordance with the Uniform Commercial Code, Proposals may not be modified or withdrawn after the time and date set for the Bid opening for a period of ninety (90) calendar days. If a Bid Proposal is modified or withdrawn by the Bidder during this ninety date period, the District may, at its option, suspend the Bidder from the Bid List and may not accept any Proposal from the Bidder for a period consisting of two (2) bidding cycles or 24 months whichever is longer following the withdrawal.

5. EVALUATION OF BID PROPOSALS

A. Rejection of a Particular Bid Proposal

The District may reject a Bid Proposal under any of the following conditions:

1. The Bidder misstates or conceals any material fact in its Proposal;

2. The Bidder’s Proposal does not strictly conform to the law or requirements of the Bid;

3. The Bid expressly requires or implies a conditional award that conflicts with the method of award stipulated in the

Special Conditions;

4. The Bid Proposal does not include documents, including but not limited to certificates, licenses, information or specification sheets, bonds, and/or samples, which are required for submission with the Bid Proposal in conjunction with the Special Conditions and/or Technical Specifications; or

5. The Bid has not been executed by the Bidder through an authorized signature on the Bid Proposal Form.

B. Rejection of All Bid Proposals

The District may, at its sole and absolute discretion:

1. Reject any and all, or parts of any or all, Bid Proposals submitted by prospective Bidders;

2. Re-advertise this Solicitation;

3. Postpone or cancel the Bid process for this Solicitation;

4. Waive any irregularities or technicalities that are not qualified as a requirement of responsiveness in this Solicitation or in the Proposals received in conjunction with this Solicitation; and/or

5. Determine the criteria and process whereby Proposals are evaluated and awarded.

No damages shall be recoverable by any challenger as a result of these determinations or decisions by the District; provided, however, that in the event a Court of competent jurisdiction determines that the actions of the District were arbitrary, capricious or void, then said challenger may recover only actual, necessary and reasonable Proposal-preparation costs, including any attorney or consultant fees relating to the preparation of the Proposal. No attorney fees or costs associated with the recover of the Proposal-preparation costs, including costs for litigation against the District, shall be recoverable by any challenger.

C. Elimination From Consideration

1. A Proposal may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to the

District upon any debt or Contract or which is a defaulter as surety or otherwise upon any obligation to the District.

2. A Proposal may not be accepted from, nor any Contract awarded to, any person or firm which has failed to perform faithfully any previous contract with the District, State or Federal government for a minimum period of one (1) year after this previous Contract was terminated for cause.

3. A Proposal may not be accepted from, nor any Contract awarded to, any person or firm which has pending litigation against the District on the date and time that the Bid opens.

D. Copy of Bid Tabulation

For a copy of the bid tabulation, the Bidder shall enclose a self-addressed, stamped envelope when submitting its Proposal to the District.

6. AWARD OF CONTRACT

The District shall award a contract to a Bidder through the issuance of a Purchase Order. The General Terms and Conditions, the Special Conditions, any Technical Specifications, the Bidder’s Proposal, and the Purchase Order are collectively an integral part of the contract between Thompson School District R2-J and the successful Bidder. Accordingly, these documents shall constitute a binding contract without further action by either party.

7. APPEAL OF AWARD

Bidders whose Bid Prices were lower than the recommended vendor’s prices will receive notification that their Proposal was not accepted and will receive an explanation for said non-acceptance. Bidders may appeal this finding by submitting, in writing, a request for re-consideration to the District’s Director of Purchasing within five (5) calendar days after the date of the District’s initial notification to the Bidder.

The Scope of any appeal submitted by a Bidder shall be limited to issues affecting the evaluation process. Issues relating to the bid process, the terms and conditions, and/or the specification requirements must be addressed prior to the bid opening date as a clarification to the terms and conditions and in accordance with Section 2B of the General Terms and Conditions.

8. CONTRACTUAL OBLIGATIONS

A. Local, State and Federal Compliance Requirements

Successful Bidders shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to, and affected by, this contract including but not limited to Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Act (OSHA), and Title I and Title II of the Americans with Disabilities Act (ADA) regulations.

B. Conditions of Materials and Packaging

All materials and products supplied by the Bidder in conjunction with this Bid shall be new (unless otherwise specified in the Special Conditions), warranted for their merchantability, fit for a particular purpose, free from defects, and consistent with industry standards.

All containers used for storage and/or shipment of materials and products supplied to the District shall be new and suitable for the intended purposes. The Bid price shall include standard commercial packaging.

The materials and products shall be delivered to the District in excellent condition for inspection by District representatives.

If the product(s) is damaged or a number of items or components are missing during shipment, the Bidder shall either replace the damaged items (if shipped by the Bidder) or be responsible for filing, processing and collecting all damage claims (if shipped by a contractor of the shipper). The Bidder shall ensure that the District is appropriately compensated for these missing or damaged items to the satisfaction of the District.

In the event that any of the materials and products supplied to the District by the Bidder are found to be defective or do not conform to the Specifications, the District reserves the right to return the product to the Bidder at not cost to the District;

either as an exchange for suitable merchandise or for full credit.

C. Disposition

The Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or its power to execute such contract to any person, company or corporation without prior written consent of the District.

D. Conflict of Interest

All Offerors must disclose with their proposal the name of any officer, director, or agent who is also an employee of the District. Further, all Offerors must disclose the name of any District employee who owns, directly or indirectly, an interest in the offeror’s firm or any of its branches.

E. Employees

All employees of the Bidder shall be considered to be, at all times, employees of the Bidder under its sole directions and not an employee or agent of the District. The Bidder shall supply competent and physically capable employees in a number that is consistent with the Bid requirements. Where required, employees shall be licensed and accredited. The District may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on District property is not in the best interest of the District.

In accordance with the District’s policy regarding the use of tobacco and alcohol products and/or illegal drugs, no employee of the Bidder shall be permitted to use these substances when performing work on District property.

F. Delivery

Price quotes and deliveries are to be FOB Destination freight prepaid and shall require inside delivery unless otherwise specified in the Special Conditions of the Solicitation. Title and risk of loss shall pass to the District upon inspection and acceptance by the District at its designated point of delivery; unless otherwise specified in the Special Conditions.

G. Performance

In order to protect the vested interests of the taxpayers of Thompson School District R2-J, and to ensure the efficient utilization of their tax dollars, successful Bidders shall comply with all contractual obligations contained in the General Terms and Conditions, the Special Conditions, the Technical Specifications and the Bid Proposal Form. With respect to these obligations, the District will report any non-compliance issues to the successful Bidder for corrective action. Continued non-compliance by the successful Bidder shall be the District’s justification for placing the Bidder’s contract on probation status or termination.

H. Re-Procurement Charges

In the event that the Bidder defaults on its contract or the contract is terminated for cause due to performance, the District reserves the right to re-procure the materials or services form the next lowest Bidder or from other sources during the remaining term of the terminated/defaulted contract. Under this arrangement, the District shall charge the Bidder any differences between the Bidder’s price and the price to be paid to the next lowest Bidder as well as any costs associated with the re-solicitation effort which resulted from such default or termination.

9. MODIFICATIONS TO EXISTING CONTRACT

Terms and conditions may be added, modified, and deleted upon mutual agreement between agents of the District and the Bidder provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities and increases or decreases in the time limits for an existing contract. Any and all modifications must be expressed in writing through a Memorandum of Understanding and executed by authorized agents of the District and the Bidder prior to the enactment of such modifications.

10. TERMINATION OF CONTRACT

The District may, by written notice to the successful Bidder, terminate the contract if the Bidder has been found to have failed to perform its service in a manner satisfactory to the District as per specifications; including delivery as specified. The date of termination shall be stated in the notice. The District shall be the sole judge of non-performance.

The District may cancel the Contract upon thirty (30) days written notice for reasons other than cause. This may include the Bidder’s inability to continue with the contract due to the elimination or reduction of funding.

SECTION II. SPECIAL CONDITIONS

1. PURPOSE OF SOLICITATION – TO OBTAIN BID PROPOSALS for Auditorium Curtain Replacement at Thompson Valley High School: The purpose of this solicitation is to provide qualified contractors with sufficient information regarding the District’s needs in order to adequately prepare and submit a Bid proposal for the Auditorium Curtain Replacement at Thompson Valley High School.

2. LOCATION OF WORK: The work described in this solicitation shall be performed at Thompson Valley High School, located at 1669 Eagle Dr, Loveland, Colorado 80537.

3. PRE-BID CONFERENCE AND SITE VISITATION IS MANDATORY: A mandatory pre-bid conference and site visit will be held on Tuesday, September 23, 2025, @ 11:00 am, at Thompson Valley High School, 1669 Eagle Dr, Loveland, Colorado 80537 to discuss the bid specifications. Bidders who fail to arrive at the pre-bid conference at the starting location within fifteen (15) minutes of the scheduled starting time shall be considered non-responsive and ineligible for award. Bidders will become familiar with any conditions, which may, in any manner, affect the work to be done or affect the equipment, materials and/or labor required. The Bidder is also advised to carefully examine the requirements outlined in the specifications. The District will not provide any additional allowances to the Bidder based on the Bidder’s lack of knowledge of site conditions. A representative of the Bidder is required to attend this conference in order to qualify to bid on this contract.

Bidders who fail to attend the conference shall be considered non-responsive and ineligible for award. For directions to the site or for further information contact Diana Birnbaum, Buyer, at 970 613-6875 or email diana.birnbaum@tsd.org

4. METHOD OF AWARD - IN THE BEST INTEREST OF THE DISTRICT: Award of this contract will be based either on an item-by-item basis, a group basis, or an aggregate basis; whichever method is more beneficial to the District. The method of award will be determined after bid proposals have been received and evaluated by the District and shall be primarily determined on the basis of efficiency of project completion, prior experience with similar projects, and advantageous pricing.

The District reserves the right to reject any or all Bid proposal offers and to waive informalities and/or irregularities in the offered proposals, if in the best interest of the District. The District reserves the right to accept an offer other than the lowest priced offer which in all respects complies with the Invitation to Bid, provided that in the sole judgment and discretion of the District, the item/project/service offered at the higher price has additional value or function including but not limited to life cycle costing.

Delivery of the service on a timely basis, as determined by the District, may be a factor in award.

5. TERM OF CONTRACT: This contract shall commence on the date of the purchase order and shall remain in effect until such time as the services acquired in conjunction with this Bid have been completed and accepted by the District’s authorized representative. Notwithstanding, it shall be understood and agreed that any required warranty period that exceeds these terms shall remain in full force for the duration of the warranty period.

6. DISCOUNTS OFFERED DURING TERM OF CONTRACT: The successful Bidder(s) may offer the District discounts below the original prices quoted in the Bid Proposal during the term of the contract. Such discounts cannot be considered in the evaluation of the bid.

7. WORK SHALL BEGIN AFTER AWARD: The Bidder shall begin work on the project as contractor schedule allows, weather permitting, as soon as possible after an Award. Unless explicit instructions by an agent of the Purchasing Office or the District’s Project Manager are given to the Bidder, work cannot begin prior to this date.

8. BONDING REQUIREMENTS – A BID GUARANTY IS REQUIRED FOR A PERCENTAGE OF THE TOTAL BID

PRICE: All bids shall be accompanied by a bid guaranty in the form of a Certified Check, Cashier’s Check or Bid Bond in the amount that represents 5% of the total base bid price. The bid guaranty shall be made payable to Thompson School District R2-J

Special Conditions and shall be conditioned upon the successful bidder submitting a specified performance bond within seven (7) calendar days following written notice of award. Any bid proposal, which is not accompanied by a bid guaranty, shall be considered non-responsive and ineligible for award. In the event the selected Bidder fails or refuses to submit the performance bond within the time stated, the bid guaranty/security submitted with the bid will be forfeited as liquidated damages because of such failure or default. The bid guarantees will be returned after the opening of bids to all except the two (2) lowest responsible, responsive bidders and the remaining guarantees shall be returned to these bidders after the contract with the selected vendor(s) is executed.

9. COMPLETION OF PROJECT: Installation date to be scheduled with Facility Use Manager.

10.

All work shall be performed in accordance with good commercial practice and the work schedule and completion dates shall be adhered to by the successful Bidder(s); except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the Bidder. In these cases, the Bidder shall notify the District of the delays in advance of the original completion date so that a revised completion date can be negotiated.

Should the Bidder(s) to whom the contract(s) is awarded fail to complete the work within the time required, it is hereby agreed and understood that the District reserves the right to cancel the contract with the bidder and to secure the services of another vendor to complete the work. If the District exercises this right, the District shall be responsible for reimbursing the Bidder for work, which was completed and found acceptable to the District in accordance with the bid specifications. In addition, the District may, at its sole discretion, request payment from the Bidder, through an invoice or credit memo, for any additional costs over and beyond the original bid price which were incurred by the District as a result of having to secure the services of another vendor.

11. DEFICIENCIES IN WORK TO BE CORRECTED BY BIDDER: The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any work that fails to conform to the Contract Documents. All corrections shall be made within five (5) business days after such rejected defects, deficiencies, and/or non-conformance are verbally reported to the Bidder by the District Project Manager. The Bidder shall bear all costs of correcting such rejected work.

12. ELIGIBILITY OF BIDDERS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED: Bids will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services as described in this Invitation to Bid. The bidders must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the District.

The District reserves the right, before awarding the contract, to require a bidder to submit such evidence of its qualifications as it may deem necessary, and may consider any evidence available to it (including, but not limited to, the financial, technical and other qualifications and abilities of the bidder, including past performance and experience with the District) in making the award in the best interest of the District.

13. EQUAL PRODUCT – SPECIFICATIONS REPRESENT SPECIFIC PRODUCT: The manufacturer’s name, brand name and/or model number are used in these specifications for the sole purpose of establishing minimum requirements for level of quality, standards of performance and design required by the District and is in no way intended to prohibit the bidding of other manufacturer’s items of equal or similar material unless otherwise indicated on the Bid Proposal Form.

Items identified as “No Substitute” on the Bid Proposal Form are the only products that will be accepted on this Bid. Bidders desiring to submit comparative products for future bids should submit information sheets to Diana Birnbaum, Buyer at 800 S Taft Avenue, Loveland, CO 80537 or call (970) 613-6875. After review, if the product is deemed acceptable, it may be included in the specifications on the next bid.

14. INDEMNIFICATION AND INSURANCE WHEN PERFORMING SERVICES ON DISTRICT PROPERTY: The successful Bidder shall indemnify and save the District harmless from any and all claims, liabilities, losses and causes of action which may arise out of the fulfillment of the Bidder’s contractual obligations as outlined in the Proposal. The Bidder shall pay all claims and losses of any nature whatever in connection, and shall defend all suits, in the name of the District when applicable, and shall pay all costs and judgments which may be issued.

The Bidder shall furnish the District’s Purchasing Office with a Certificate of Insurance which indicates that insurance coverage has been obtained which meets the requirements as outlined below:

A. Worker’s Compensation Insurance on all employees of the Bidder based on statutory limits prescribed by and for the State of

Colorado.

B. General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Thompson School District R2-J shall be named as an additional insured on the Commercial General Liability and Automobile Liability Insurance Policy (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037 or equivalent).

Coverage required of the contract will be primary over any insurance or self-insurance program carried by Thompson School District R2-J.

C. Automotive Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less that $300,000 combined single limit per occurrence for bodily injury and property damage.

D. The Thompson School District R2-J shall be named as an additional insured on the Commercial General Liability and Automobile Liability Insurance Policy (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037 or equivalent). Coverage required of the contract will be primary over any insurance of self-insurance program carried by Thompson School District R2-J.

All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Colorado. The Company must be rated no less than “B+” by the latest edition of Best’s Insurance Guide which is published by A.M. Best Company, Oldwick, New Jersey. In insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Bidder. The Bidder shall be responsible for notifying the District of any modification to, or cancellation of, these policies during the contractual period; including, but not limited to, any pending or paid claims against the aggregate amount of the policy.

15. INSURANCE CERTIFICATES REQUIRED WITHIN TEN (10) DAYS AFTER NOTICE OF AWARD: Issuance of a purchase order is contingent upon the receipt of the insurance documents. If the Bidder fails to submit the required insurance documents within ten (10) business days after verbal or written notice to submit such policies is given to the successful Bidder by a District representative, the Bidder shall be in default of the contractual terms and conditions and will not be awarded the contract.

Notwithstanding, the District may, at its sole discretion, provide the lowest Bidder with an opportunity to upgrade its insurance documents if they do not comply with the bid requirements at the time of submission. This opportunity shall only be exercised when such action is clearly in the best interest of the District.

16. ACCIDENT PREVENTION: The Bidder shall be required to take safety precautions in an effort to protect persons and District property. All contractors and sub-contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the Bidder which is responsible for same. The Bidder shall provide barricades when work is performed in areas traversed by persons or when deemed necessary by the District’s Project Manager.

17. PROTECTION OF PROPERTY: All existing structures, utilities, services, roads, trees, walkways, shrubbery, etc. located on

District property shall be protected against damage or interrupted services at all times by the Bidder during the term of this contract. The Bidder shall be held responsible for repairing or replacing any and all property, which is damaged by reason of the Bidder’s operation on the property to the satisfaction of the District.

18. CLEAN UP AFTER PROJECT IS COMPLETED: All unusable materials and debris shall be removed from the District premises. At completion, the successful Bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the District’s Project Manager. The successful Bidder shall be responsible for disposing environmentally hazardous waste materials in a manner that is consistent with regulations stipulated by the United States Environmental Protection Agency (EPA) as well as with any State or locally prescribed procedures.

19. LIMITATION OF OPERATIONS DURING REGULAR BUSINESS HOURS, EVENINGS & WEEKENDS:

Contracted services shall be provided by the successful bidder(s) during regular business hours that are 7:30 a.m. to 4:00 p.m.

Monday through Friday. Exceptions can be made in those cases where such work is necessary for the proper care and protection of the work already performed, and only in those cases where permission to do such work is secured from the District’s Project Manager. No overtime work shall be started without prior approval of the District’s Project Manager or his/her designated representative.

20. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract Documents, the policies stated in the following paragraphs shall govern:

A. Addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

B. Drawings and specifications are intended to agree and be mutually explanatory and shall be accepted and used as a whole and not separately. Should any item be omitted from either the drawings or specifications as specified, it shall be implied that such omissions are contained in both the drawings and the specifications as necessary for the proper construction of the work herein specified. Should any error or disagreement between the specifications and drawings exist or appear to exist, the Bidder shall not avail itself of such manifestly unintentional error or omission, but must have same explained of adjusted by the District’s Project manager before proceeding with the work in question.

21. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE BIDDER: Unless otherwise provided in the

Invitation to Bid, for Bidder shall furnish all labor, materials and equipment necessary for satisfactory contract performance.

When not specifically identified in this Bid, such materials and equipment shall be of a suitable type and grade for the purpose.

All materials, workmanship, and equipment shall be subject to the inspection and approval of the District’s Project Manager.

22. ILLEGAL EMPLOYEES CERTIFICATION: The District will not enter into a Contract for services with contractors who knowingly employ or contract with illegal aliens to perform work under the Contract or who knowingly contract with subcontractors who knowingly employ or contract with illegal aliens to perform work under the contract. Accordingly, all Contracts awarded by the District will contain a certification statement signed by the awarded Contractor. The successful Contractor cannot begin work until this complete form is returned to the District.

23. OMISSION FROM SPECIFICATIONS: The apparent silence and/or omission from any detailed description contained in the specifications of this solicitation and/or any subsequent addendum shall be regarded as meaning that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement.

24. METHOD OF PAYMENT – LUMP SUM PAYMENT AFTER WORK IS COMPLETED: Upon completion and acceptance of the work required in conjunction with this Bid, the successful Bidder shall submit one lump sum invoice to the District’s Financial Services Department. The invoice shall reflect the total value of the contract and shall reference the appropriate purchase order number, the address of the work place, and all itemized material and labor costs; of applicable. The date of the invoice shall not exceed thirty (30) calendar days from the date that the work was completed and accepted. Under no circumstances shall the invoice be submitted to the District in advance of such completion and acceptance.

25. CONSTRUCTION SERVICES INSPECTIONS BY THE DISTRICT: The successful Bidder(s) is required to conduct on-site inspections during construction of the project at times that are mutually convenient to the Bidder(s) and the District’s representative(s) and shall be performed prior to final completion of the project. The purpose of the inspections is to evaluate the placement of product, structural changes, and general manufacturing/assembly techniques. The Bidder(s) shall provide reasonable notice to the District prior to the scheduling of these on-site inspections.

26. LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS: Upon failure of the Bidder to complete the project in accordance with the specifications and to the satisfaction of the District within the time stated, the Bidder shall be subject to charges for liquidated damages in the amount of $250.00 for each calendar day the work remains incomplete. As compensation due to the District for loss of use and for additional costs incurred by the District due to such non-completion of work, the District shall have the right to deduct said liquidated damages from any amount due or that may become due to the Bidder under this agreement or to invoice the Bidder for such damages if the costs incurred exceed the amount due to the Bidder.

27. PERMITS AND FEES PAID BY BIDDER: The Bidder shall obtain and pay for all sub contractor permits, licenses and fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and/or fines imposed on the District or the Bidder for failure to obtain required sub-contractor permits, licenses, or fees shall be borne by the Bidder.

28. CONSIGNMENT OF CONTRACT NOT ALLOWED: Bids will only be considered from firms which are directly engaged in the business of manufacturing or distributing the goods and/or performing the services described in this Invitation to Bid.

Accordingly, no part of this contract can be consigned to another vendor.

29. SUBCONTRACTORS SHALL BE IDENTIFIED: As part of its Bid Proposal, the Bidder shall be required to identify any and all subcontractors that will be used in the performance of the contract resulting from the bid. The Bidder shall also identify the capabilities, experience and portion of the work to be performed by the sub-contractor(s). The competency of the sub-contractor(s) with respect to skill, responsibility and business standing shall be considered by the District when making the award in the best interest of the District. The District recommends pre-qualified electrical contractors be used in the performance of this contract. The District has established a list of approved electrical contractors through a standing-order bid process. Contact information can be provided upon request. Bidders will not be disqualified if another electrical contractor is identified in their bid proposal, as long as the named electrical contractor is approved by the District to perform the work.

30. REFERENCES REQUIRED: Bidders are required to submit the name, address and contact person of at least three (3) firms or public entities that have operated the proposed or similar equipment and services in an office and/or educational environment during the most recent 36 month period prior to this solicitation. Preference will be given to Bidders who submit names of public entities and who therefore, have demonstrated success in performing similar work for other governmental units. Failure to submit references may be cause for determining that the Bid Proposal is non-responsive.

31. WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM: The Bidder shall supply a copy of its written warranty certificates with its bid proposal. If this written warranty is not provided in the bid proposal, the Bidder may be given the opportunity to submit these certificates to the District during the bid evaluation period in its best interest. The warranty supplied by the Bidder shall remain in force for a minimum one-year period; regardless of whether the Bidder is under contract with the District at the time of defect. Any payment by the District on behalf of goods and services received from the Bidder does not constitute waiver of these warranty provisions.

32. WARRANTY SHALL BE FOR SPECIFIED PERIOD: In addition to all other warranties that may be supplied by the Bidder, the Bidder shall warrant its product and/or service against faulty labor and/or defective material for a minimum one-year period after the date of acceptance by the District for the labor, materials and/or equipment provided by the Bidder. This warranty requirement shall remain in force for the full period identified above; regardless of whether the Bidder is under contract with the District at the time of defect. Any payment by the District on behalf of goods and services received from the Bidder does not constitute waiver of these warranty provisions.

33. CLAIMS AND DISPUTES: A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term “Claim” also includes other disputes and matters in question between the District and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.

Claims by the Contractor shall be submitted in writing to the District within 48 hours after the first day of the event requiring such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the District within fifteen (15) calendar days after the occurrence of the event, unless the County grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of the Contractor’s awarded Bid Proposal provided to the District.

The Contractor shall proceed diligently with its performance as directed by the District, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to in writing by the District. The District shall continue to make payments in accordance with the Contract Documents during any pending Claim.

34. CHANGES IN THE WORK (CHANGE ORDERS): the District shall have the right at any time during the progress of the

Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of District, and District shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of District is authorized to direct any extra or changed work verbally.

A Change Order shall be issued and executed promptly after an agreement is reached between Contractor and District concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as District and Contractor shall mutually agree.

If the District and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by District in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by District. If Contractor disagrees with the District's determined adjustment, Contractor must make a Claim pursuant to the Claims and Disputes clause in the Special Conditions or else be deemed to have waived any claim on the matter.

In the event a requested change results in an increase to the Contract Amount, as to design the amount of the increase shall be based upon the standard hourly billing rates, according to classification of the Contractor's proposed expenses to be charged at actual cost as submitted in the Contractor’s awarded Bid Proposal provided to the…