RFP 1754 RTU #1 Replacement.pdf

REQUEST FOR PROPOSAL

RFP# 1754

RTU #1 Replacement – Admin Building

Introduction:

The Thompson School District R2-J (“TSD” or the “District”) is seeking Proposals from qualified companies for the removal and replacement of RTU #1 at the TSD Admin Building, in accordance with the specifications here in. The District goal is to provide safe and dependable products for students and staff while demonstrating financial responsibility to the community.

The Thompson School District encompasses nearly 362 square miles in Larimer, Weld and Boulder Counties, Colorado, located in the north central portion of the State. The enrollment exceeds 15,000 students and the District employs over 2,000. Thompson School District operates (18) Elementary Buildings, (4) Middle School Buildings, (3) K-8 Building, (5) High School Buildings, (1) Career Campus, and Early Childhood. In addition, there are (3) Support Buildings.

Proposal Due Date and Time:

October 29, 2025 at 2:00pm (1400hrs) prevailing MST - Proposals must be received, via Bidnet or email, by the date and time specified. Proposals received after the date and time specified are considered non-responsive and ineligible for an award.

Posting Information:

The Thompson School District utilizes the Rocky Mountain E-Purchasing System (RMEPS) at www.bidnetdirect.com to distribute official copies of the Request for Proposal (RFP) for use by respondents.

Request for Proposal Schedule:

Documents released on or before 10.6.2025 Mandatory Site Visit @ 9:00am Wednesday 10.15.2025 Questions Due by 2:00 pm MST Monday 10.20.2025 Final Addendum Date Wednesday 10.22.2025 Response are Due prior to 2:00 pm MST Wednesday 10.29.2025

Technical Questions:

Please contact Diana Birnbaum at (970) 613-6875 | diana.birnbaum@tsd.org Questions and correspondence shall be limited to the names listed above. Firms interested in submitting a Proposal are directed not to make contact with or attempt to influence the members of the District’s Board of Education, District Administration/Staff. Failure to adhere to this requirement may result in disqualification.

Email Responses to: Email responses to Diana.birnbaum@tsd.org , ATTN: RFP 1754 http://www.bidnetdirect.com/ mailto:kimberly.myers@tsd.org mailto:Kimberly.myers@tsd.org

RFP #1754– RTU #1 Admin Bldg General Terms and Conditions

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

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.

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’ who’s 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 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.

11. CLAIMS AND DISPUTES (CHANGE ORDERS)

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 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 made in writing to the District within forty-eight (48) hours after the first day of the event giving rise to 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 District 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 contractor’s proposal.

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

District shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim

12. 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.

SECTION II. SPECIAL CONDITIONS

1. PURPOSE OF SOLICITATION – TO OBTAIN PROPOSALS: The purpose of this solicitation is to obtain proposals for removal and replacement of RTU #1, as defined herein. The Thompson School District is soliciting proposals for evaluation in selecting a company who desires to furnish materials, equipment, and labor under the Terms, Specifications, and General Conditions contained herein.

2. MANDATORY SITE VISIT: A mandatory site visit (s) will be held at 9:00 a.m., Wednesday, October 15, 2025 at

Thompson School District Admin Building. Please meet in the lobby upon arrival. Be prepared to access the roof via a hatch; participants will be required to take measurements on the roof during the visit. Bidders will become familiar with any conditions, which may, in any manner, affect the work to be done or effect the equipment, material and/or labor required. The Bidder is also advised to carefully examine the requirements outlined in the Scope of Work and Specifications. The District will not provide any additional allowances to the Bidder based on the Bidder’s lack of knowledge or site conditions. A representative of the Bidder is required to attend the Mandatory Site Visit in order to submit a proposal for this project. Bidders who fail to attend the conference shall be considered non-responsive and ineligible to submit a proposal.

3. METHOD OF AWARD– BEST EVALUATIVE SCORE BASED ON WRITTEN PROPOSAL: All proposals submitted in response to this RFP will be reviewed for responsiveness prior to referral to the Evaluation Committee. The Evaluation Committee will score the merits of all responsive proposals received in accordance with the evaluation factors given. Offerors will be evaluated to establish the award of this contract. If the District determines that there was inadequate competition in any of the areas the District will not issue any awards. Not withstanding, the District reserves the right to alter this method of award if such alteration results in a cost savings to the District.

For this Request for Proposal, the Evaluation Committee will score Proposals based on the following criteria.

A. Service Personnel & Support B. Proposed Labor Rates C. Warranty D. References/Similar Projects E. Availability F. Innovation G. Pricing Proposal

4. PRICES SHALL BE FIXED AND FIRM FOR THE TERM OF THE CONTRACT: All awards under this RFP, the prices proposed by the Bidder shall remain fixed and firm during the term of the contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the District at any time during the contractual term.

5. BONDING REQUIREMENTS - PERFORMANCE BOND REQUIRED: The Bidder(s) to whom contract award is made shall duly execute and deliver a Performance Bond to the District in an amount that represents not less than the Total Bid Price offered by the Bidder. The Bidder may deliver multiple bonds in lieu of a single bond; provided the total amount of these bonds equals the amount specified above. The bond shall be delivered to the District's Purchasing Office within ten (10) calendar days following written notice of award given to the successful Bidder.

All bonds 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 "A-“by the latest edition of Best's Insurance Guide which is published by A.M. Best Company, Oldwick, New Jersey.

If the Bidder fails to deliver the specified performance bond within this specified time frame, including any extensions that may be granted by the District, the District shall declare the Bidder in default of the contractual terms and conditions and the Bidder and shall surrender its bid guaranty.

In lieu of a Performance Bond, the District will accept a cash bond in the form of a certified cashier's check made payable to the Board of Education of the Thompson School District.

RFP #1754 –RTU #1 Admin Building Special Terms & Conditions

6. TERM OF CONTRACT: This Contract shall commence on the purchase order issue date and remain in effect until the service is complete. It shall remain in effect until such time as all items purchased and/or work completed in conjunction with this Request for Proposal have been delivered, installed and accepted by the District’s authorized representative.

7. LICENSES & CERTIFICATIONS: Contractors, contractors’ employees, and subcontractors working on District property must hold appropriate trade licenses, certification by the State of Colorado, Larimer County, City of Loveland and any other entities that provide licenses. Awarded Contractor must have & maintain all licenses and certifications to provide services as required by Federal & State Law. All trade licenses & certifications required for any phase of the work shall be applied for by the contractor and paid for by the contractor. This is not a billable charge.

8. NON-EXCLUSIVE CONTRACT: It is expressly understood that any agreement which may result from this RFP will not grant seller an exclusive privilege to furnish to the District any or all of the type of products and services which are the subject of said agreement which the District may require. The District expressly reserves the right to contract with others for the purchase of products and services comparable or identical to the products and services that are the subject of this RFP.

9. FURNISH AND SET IN PLACE REQUIREMENTS: The successful Bidder shall be required to furnish the materials, products and/or equipment identified in these bid specifications as well as to set in place or install these materials, products and/or equipment at the facility designated by the District. Accordingly, the Bidder shall identify all costs associated with installation as an included cost on the Bid Proposal Sheet.

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

Request for Proposal, for Bidder shall furnish all labor, materials and equipment necessary for satisfactory contract performance.

When not specifically identified in this RFP, 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.

11. 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.

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

Contracted services shall be provided by the successful bidder at the times designated by the District, regular business hours are 7:30 a.m.-4:30 p.m. 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.

13. 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.

The awarded vendor is responsible for maintaining building and/or project site security. Arrangements for keys shall be made, in advance, with the Facilities Department for any work outside of operating hours. The vendor shall be responsible for lost keys they are issued. Lost keys may result in a back charge to the vendor to re-key the building to insure against loss or theft.

14. 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 required with regulations stipulated by the United States Environmental Protection Agency (EPA) as well as with any State, County, City or locally prescribed procedures. All EPA, O.S.H.A., A.D.A., and E.E.O. standards of compliance are the sole responsibility of the Vendor. If hazardous materials are disposed of by the Service Company, the District shall require copies of transportation permits, bill of lading, and disposal documents.

15. ASBESTOS: The Vendor shall be aware that asbestos may be encountered. It is the vendor’s responsibility to understand and follow all EPA and AHERA Law as it applies to schools and to have a supervisor on duty at all times who is informed of the hazards of asbestos and recognizes it in building projects and services. All Asbestos Abatement Services are required to follow all regulations stipulated by the United States Environmental Protection Agency (EPA) as well as with any State, County, City or locally prescribed procedures. All EPA, O.S.H.A., A.D.A., and E.E.O. standards of compliance are the sole responsibility of the Vendor.

16. DEFICIENCIES, DEFECTS AND/OR DAMAGES TO PRODUCTS SHALL BE CORRECTED BY BIDDER: The District shall make inspections of the work performed under this contract. During the inspections, if any defect or deficiencies have been noted the vendor shall have the opportunity to rectify the defect/deficiency without incurring any penalties. The successful Bidder shall promptly correct all deficiencies, defects, and/or damages in product and/or workmanship delivered to the District in accordance with this Bid. All corrections to performance shall be made within 24 hours after such deficiencies, defects, and/or damages are reported in writing to the vendor by the Facilities Office.

17. SUB-CONTRACTORS SHALL BE IDENTIFIED: As part of this Proposal, the Bidder shall be required to identify any and all sub-contractors that will be used in the performance of the contract resulting from this RFP. The Bidder shall also identify the capabilities, experience and portions of the work to be performed by the sub-contract(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. After the contract award, the District will be notified in writing to any subcontracting and has the final approval of any and all sub-contractors proposed.

18. CONSIGNMENT OF CONTRACT NOT ALLOWED: No part of this contract may be assigned to another Vendor.

19. ELIGIBILITY OF BIDDERS: Proposals 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 Request for Proposal. Contractors performing duties connected with this RFP must have experience, prior to the date of this Request for Proposal. 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.

20. PERMITS AND FEES PAID BY BIDDER: The Bidder shall obtain and pay for all permits, licenses and inspection 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 permits, licenses, or fees shall be borne by the Bidder.

21. REFERENCES REQUIRED: Bidders are required to submit the name, address and contact person of at least three (3) firms or public entities in which your Company has provided a similar product or service in a K12 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 K-12 entities. Failure to submit references may be cause for determining that the Bid Proposal is non-responsive.

22. WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM: The Bidder shall supply a copy of its written warranty certificates with its proposal. If this written warranty is not provided in the 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 of one (1) 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.

23. 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 of one (1) 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.

24. DISTRICT ACCESS AND SAFETY: All contractor personnel must wear proper identification, at all times, while working in

Thompson School District facilities. Contractor personnel not wearing identification badges will be asked to leave the premises until such identification is obtained.

25. 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 $2,000,000 combined single limit per occurrence for bodily injury and property damage. Thompson School District R2-J must be shown as an additional insured with respect to this coverage.

C. Automotive Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $2,000,000 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.

26. INSURANCE CERTIFICATES REQUIRED WITHIN TEN (10) DAYS AFTER NOTICE: 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.

27. METHOD OF PAYMENT – INVOICE FOR MONTHLY SERVICE: The successful Bidder shall submit an invoice to the District's Financial Services Department, 800 S Taft Ave., Loveland, CO 80537, no later than the tenth (10) business day of the following month that the work was performed in. The invoice shall reference the appropriate purchase order number, the contract address and signed by an authorized representative of the District when the items or work was accepted. Under no circumstances shall the invoice be submitted to the District in advance of the delivery and acceptance of service.

28. ADJUSTMENT OF QUANTITIES: While the quantities and locations stipulated in the RFP will be used by the District for purpose of evaluation, it is hereby agreed and understood that the District has the right to adjust/reduce the quantities ordered in conjunction with this RFP based on budgetary allocation.

29. UNDOCUMENTED WORKER CERTIFICATION: The District will not enter into a Contract for services with contractors who knowingly employ or contract with undocumented workers to perform work under the Contract or who knowingly contract with subcontractors who knowingly employ or contract with undocumented workers 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.

30. WRITTEN QUESTIONS: Only the specifications provided with the Request for Proposal will be used as a basis for the award.

No oral interpretation to the specifications or Scope of Work will be made by anyone, to any Vendor. A request for any such interpretation shall be made, in writing, to the District prior to Monday, October 20, 2025, at 2:00 PM. For additional information regarding the specifications and requirements of this request, please contact Diana Birnbaum, Buyer at (970) 613-6875, Diana.birnbaum@tsd.org.

RFP RESPONSE FORM

THOMPSON SCHOOL DISTRICT R2-J

RFP #1754

Removal & Replacement of RTU #1

Responses must be received via email or by bidnetdirect.com, by: 2:00 p.m., Wednesday, October 29, 2025

Submitted By (please type or print clearly):

Bidder’s Company Name:

Address: City: State: Zip:

Telephone: Fax:

E-mail Address:

Note: To be considered for award, one (1) electronic original of the RFP Response Form must be emailed to Diana.birnbaum@tsd.org, ATTN: RFP 1754 or submitted via Bidnet.

The Form must be received by the District’s Purchasing Office by the date and time specified for the Proposal to be considered for award.

Bid Certification (If a Bid is Offered):

The undersigned hereby affirms that:

♦ He/She is a duly authorized agent of the Bidder;

♦ He/She has read the General Terms and Conditions, the Special Conditions and any Technical Specifications which were made available to the Bidder in conjunction with this Bid and fully understands and accepts these terms unless specified variations have been expressly listed on the Bid Proposal Form;

♦ The Bid Proposal is being offered independently of any other Bidder and in full compliance with collusive prohibitions specified in this solicitation; and

♦ The Bidder will accept any awards made to it as a result of this Invitation for a minimum of ninety (90) calendar days following the RFP due date and time.

By:

Manual Signature of Agent Date

Typed/Printed Name of Agent Title of Agent

Note: Proposals without the manual signature of an authorized agent of the Bidder shall be considered non-responsive and ineligible for award.

RFP #1754 – RTU #1 Admin Building Proposal Response Form

Prompt Payment Terms:

Discount: % Days; Net: Days

Variations:

The bidder shall identify all variations and exceptions taken to the General Terms and Conditions, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the Bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder’s Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non-responsive and ineligible for award:

Sect Variance

Attach additional sheets if necessary.

List Sub-Contractors (if being used for this service)

Company Name:

Address: City: State: Zip

Company Name:

Address: City: State: Zip

No Bid Indication (If “No Bid” is offered):

Indicate reason(s) why a Bid Proposal is not being submitted at this time. In accordance with Section 3D of the General Terms and Conditions, a “no bid” indication is required in order to maintain active status on the District’s Bid List.

MODIFICATIONS TO BID DOCUMENTS: 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 immediately faxed to each bidder receiving the solicitation followed by a hard copy mailed to each bidder.