DAVENPORT COMMUNITY SCHOOL DISTRICT 1606 BRADY HARRISON STREET DAVENPORT, IOWA REQUEST FOR PROPOSAL

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1 DAVENPORT COMMUNITY SCHOOL DISTRICT 1606 BRADY HARRISON STREET DAVENPORT, IOWA REQUEST FOR PROPOSAL Proposal # 680 The Davenport Community School District invites written sealed proposal for Replacement Stage Curtains. The proposal shall be submitted in accordance with the Scope of Work and General Instructions. The proposals will be received at the Administration Service Center by the Purchase Department, 1606 Brady Street, Davenport Iowa, Proposals must arrive on or before, 2013 at 2:00 p.m. local time. Proposals must be submitted in a sealed envelope clearly marked Replacement Stage Curtains. Fax proposals will not be accepted. Late proposals will be returned unopened. PROPOSED TIME LINE: November 4, 2013 RFP Issued November 18, 2013 Received INTRODUCTION AND GENERAL INFORMATION PURPOSE: To establish a term contract with a qualified Offeror to provide all services, supplies, labor and equipment for the Davenport Community School District as described in this proposal for replacement stage curtains located at West High School Auditorium, 3505 W. Locust Street, Davenport IA INTENT: To provide a complete and satisfactory operating theatrical curtain system for stage, performance and special events. TERM: The initial term of the contract will be for a one (1) time purchase unless otherwise stated. OFFEROR QUALIFICATIONS: Before the award of contract, any offer considered may be required to show that they have the necessary experience, facilities, ability and financial resources to fulfill this request in a satisfactory manner and within the time stipulated. CONTACT PERSON: All questions concerning the RFP shall be addressed to K.E. Bohling at the Administration Service Center, 1606 Brady Street, Davenport IA address is bohlingk@davenportschools.org. Hours are between 8:00 a.m. and 4:00 p.m. Monday through Friday. AWARD: No proposal may be withdrawn for a period of forty five (45) days after the opening to allow for selection. By virtue of statutory requirement of the State of Iowa (section 1171-b1) a preference will be given to products grown or produced within the State of Iowa and that a preference will be given to Iowa labor and or targeted small businesses. The award of the contract will be based on the lowest responsive, responsible offer and the additional evaluation criteria set forth in this Request for Proposal and any other factors the District determines to be relevant with the Board of Directors reserving the right to reject any and all proposals if it is in the best interest of the School District. Offerors will be notified of their decision.

2 TERMINATION: The District may terminate the contract resulting from this request at any time that the successful Offeror fails to carry out provisions. The District shall provide the Offeror in writing, with a twenty four hour notice of conditions endangering performance. If after the notice, the Offeror fails to remedy the conditions contained in the notice in a timely manner, the District shall terminate the contract. The District shall be obligated only for those services rendered and accepted before the date of notice of termination, less any damages that may be assessed from non-performance. With mutual agreement of both parties upon receipt and acceptance of not less than thirty days written notice, the contract may be terminated on an agreed date before the end of the contract period without penalty to either party. DISCLAIMERS: The District reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of Proposal materials by the District or submission of a Proposal to the District confers no rights upon the Offeror nor obligates the District in any manner. The District reserves the right to waive minor irregularities in proposals, provided that such actions are in the best interest of the District. Any such waiver shall not modify any remaining RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other contract requirements if the agent is awarded the contract. Notwithstanding any other provisions of the contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State or the District to appropriate funds or through discontinuance of material alteration of the program for which funds were provided, the District shall have the right to terminate this contract without penalty by giving not less than thirty days written notice documenting the lack of funds. PRICE: The price will be a firm/fixed priced contract unless; the School District makes changes, in writing, by altering, adding to or deducting from the work. The contract sum will then be adjusted according. QUALIFICATIONS: Before the award of contract, any Offeror considered may be required to show that they have the necessary experience, facilities, ability and financial resources to perform the work in a satisfactory manner and within the time stipulated. MODIFICATION OR WITHDRAWAL OF OFFER: A Offeror may modify or withdraw their offer in person by his/her representative provided proper identification is presented before the official closing date and time. No Offeror may be withdrawn for a period of forty - five (45) calendar days after the opening thereof under penalty of forfeiture of bond. INTERPRETATION OF CONTRACT DOCUMENTS: Any person contemplating, submitting a offer on this project and is in doubt as to the true meaning of any part of the drawings, specifications, or other proposed documents, that person shall submit to the District in writing a request for an interpretation. Request should be received not less than seven (7) calendar days before the receive date as specified. The person submitting a request will be responsible for its prompt delivery. Clarification to the documents will be issued in writing and returned to the person in a timely

3 manner. Should the proposal document require revisions it will be sent to all vendor of record using a written addendum, see Addendum. RESERVED RIGHTS OF THE SCHOOL DISTRICT: Rejection of offers. The School District reserves the right without penalty to accept or reject any part of any offer, and to accept or reject any or all offers if it is in the best interest of the District. No contract will be awarded except to the best responsive responsible offerer capable of performing the contract as stated in writing in this document. All offers submitted for evaluation become the property of the School District. Offerors shall be informed in writing of the District s award. Any offer shall be rejected outright and not evaluated for any one of the following reasons. Failure to deliver the offer by the prescribed time on the due date. Failure to include the required response form (s) signed by an officer of the company submitting the offer. Failure to include any documents called for in the specifications. Failure to follow the offer form instruction as specified herein. The District reserves the right to withdraw or modify this RFP at any time for any reason and to issue such clarifications, modifications and/or amendments as it may deem appropriate. The receipt of an offer by the District or the submission of a offer to the District confers no rights upon the Offeror nor obligates the District in any manner. The District reserves the right to waive minor irregularities in offer, provided that such action is in the best interests of the District. Any such waiver shall not modify any remaining RFP requirements or excuse the Offeror from full compliance with the RFP and other contract requirements if the contract is awarded. PAYMENT TERMS: The School District will make payment after acceptance of the work performed, services performed, supplies or equipment purchased and in accordance with the terms of this contract. WITHOLDING PAYMENTS: Conditions for withholding payment from the Offeror shall include without limitation, faulty materials, equipment, or workmanship, back orders, liens that have been filed, or evidence indicating possible filing of claims. In all cases, regulations and limitations imposed by the Federal Government and State of Iowa shall prevail. INVOICING: All invoices received for payment must be pre-approved by the Board of Directors for the District at their regularly scheduled meetings. Payments will not be made outside of the District s normal payment cycle. TAXES: Offerors in submitting a offer DO NOT include Iowa taxes due. Tax exemption certificates will be furnished to the successful Offeror. A copy of this document must be presented to your supplier(s) prior to purchasing your materials. Complete information on qualifying materials can be found on the Department of Revenue website. Out of state taxes need to be included on purchases of materials and/or services made out of the State of Iowa. LIEN WAIVERS: Offeror must include all final lien waivers when submitting your final pay application. Final payment application submitted without Final Lien Waiver attached will be returned to contractor.

4 NOTICE TO OFFERS: Each Offeror, before submitting an offer, shall become fully informed as to the extent and character of the work/service required. No consideration will be granted for any alleged misunderstanding of what will be furnished or the work to be done; it is further understood that the submission of a offer is an agreement to all items and conditions referred to herein. CORRECTIONS OF ERRORS: All prices and notations should be in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the offer. Erasures or the use of typewriter correction fluid may be cause for rejection. No offer shall be altered or amended after specified time for opening. IOWA PREFERENCE REQUIREMENTS: A preference shall be given by the contractor in fulfilling the contract for products and provisions grown or produced within the State of Iowa when they can be procured without additional costs. (Iowa Code #73.1) A preference shall be given by the contractor to Iowa residents in hiring for the construction of buildings or public improvements. (Iowa Code # 73.3) A preference shall be given to targeted small business (minorityowned businesses and female-owned businesses) for any work or subcontracting. (Iowa Code #73.17). RESPONSIBILITY OF CONTRACTORS: Notwithstanding the detailed information contained in these specifications, the awarded contractor is responsible to see that a complete and functional system is installed. Provide competent supervision. Take precautions necessary to protect persons or property against injury that may occur as a result of their negligence. Performs the work without unnecessarily interfering with other contractors work or District activities. Be responsible for any and all damages to existing facilities and equipment. Be responsible for work performed and materials delivered including School District furnished items until completion and final acceptance Install using manufacturers recommendations unless specifically otherwise indicated or where local codes take precedence. The contractor shall report any system, design or installation irregularities to the District immediately so appropriate action can be taken. Upon request, the contractor shall furnish the District with a complete list of all employees and other personnel who will be working on District property on this project. The District reserves the right to deny access to District property to any employee or personnel who are unacceptable to the School District. CRIMINAL BACKGROUND CHECK/SEX OFFENDER REGISTRY: The Contractor shall be responsible for conducting a criminal background check and the Iowa and Illinois Sex Offender Registry as to all persons working on District property or in District buildings. This includes all employees of the Contractor or any sub-contractor, all Independent Contractors, Casual Laborers, Workers obtained through Union Halls or Hiring Halls, and all other individuals present on District property at any time during the performance of the Contract. No person shall be permitted to work on District property who has been convicted of a felony or who is on the Sex Offender Registry for any State. The Contractor must have records available for the District to inspect upon request to verify that background/sex offender checks have been performed on all persons working on District property. The District reserves the right to order the Contractor to remove any person from the District s work who the District determines to be a threat to safety of students, District employees, other workers, parents, visitors, or otherwise. All workers must follow District regulations and rules as to building access and security. BOARD POLICY 103 COMPLAINTS AGAINST CONTRACTED SERVICE PROVIDERS: All contractors/subcontractors/vendors will be held liable for any and all alleged aggrieved complaints made against their employees. All correspondence between the contractors/subcontractors/vendors and the

5 District will be in writing. To ignore this policy could result in you being asked to leave the District premises and your removal from our approved bidders list. INSURANCE: The Offeror shall purchase and maintain such insurance as will protect him/her from claims set forth below which may arise out of or result from the Offerors operations under the Contract, whether such operations be by anyone directly or indirectly employed by the Offeror, or by any one for whose acts any of them may be liable. INSURANCE CLAUSE: Insurance coverage shall cover the following: 1 Claims under workers compensation benefits and other similar employee benefits act or claims for damages because of bodily injury, occupational sickness or disease, or death of his/her employees. 2. Claims for damages or liability because of bodily injury, sickness or disease, or death of any person other than employees. 3. Claims for damages for personal injury, which are sustained by any person, directly or indirectly (1) related to the employment of such person by the contractor, or (2) by any other person. 4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom other than to the work itself. 5. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle 6. Claims covered by so-called Builder s Risk coverage. A Contractor shall obtain and pay premiums for the following minimum insurance in connection with the contract and at the job site until the work is completed and accepted by the Owner. TYPE OF COVERAGE 1. Commercial General Liability General Aggregate 2,000,000. Products/Complete Operations Aggregate 2, Personal/Advertising Injury 1,000,000. Each Occurrence 1,000, Business Automobile Liability Each Person 1,000,000. Each Accident 1,000, Employers Liability Statutory Amount 4. Umbrella policies are acceptable to reach these limits of liability. 5. Builder s Risk Contract Price Certificates of Insurance shall be furnished by the Contractor to the owner and such certificates shall provide 30 days prior notice by registered mail of any material change in, or cancellation of, this insurance. The Contractor must require the subcontractors to furnish all certificates of insurance. The Contractor shall require his Subcontractors to take out and maintain the same coverage as above. Certificates of Insurance shall be furnished to the District within ten (10) days after Notice of Award is issued to the successful bidder. Notice to Proceed will not be issued until the certificate has been reviewed by the Owner. All insurance shall name the District as an additional insured and shall waive subrogation as to the District. WORKERS COMPENSATION: The Contractor shall maintain during the life of this contract the statutory Worker Compensation Insurance for all of his employees to be engaged in work on the project under this contract. Certificates of Insurance shall be furnished by the contractor to the District and such certificates shall provide 30 days prior notice by registered mail of any material change in or cancellation of, this insurance.

6 INDEMNIFICATION: Contractor/Offeror shall indemnify and hold harmless the District or its agents and employees against third party claims resulting from any damages, losses and expenses relating to the work. Contractor agrees to notify the District by certified mail return receipt request, or by overnight courier immediately upon knowledge of any claim suit, action or proceedings. To the fullest extend permitted by law, the Contractor/Offeror shall indemnify and hold harmless the District and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the work, provided that any such claim, damages, loss or expenses (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, or Offeror anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnify which would otherwise exist as to any part of person. In any and all claims against the District or any agents or employees by any employee of the Contractor/Offeror, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers or workman s compensation acts, disability benefit acts or other employee benefit acts. COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS: Offerors attention is directed to the fact that all applicable Federal and State laws, local ordinances and rules and regulations of authorities having jurisdiction over the work of this project shall apply to a contract resulting from this RFP. It shall be deemed that those rules and regulations are made a part of the contract the same as if set forth in their entirety therein. By submitting a offer, the Offeror confirms that he/she is familiar with and understands their responsibility under all applicable laws, ordinances, and rules and regulations with respect to the work/service described by the proposed contract document. The successful offeror shall, during the course of performance under the proposed contract comply with all occupational, safety & health standards and EOE Regulations. SECURITY: A security in the amount of five percent (5%) of offer total must accompany response. The Offeror and an acceptable surety company authorized to do business in the State of Iowa should in the form of a certified check or a bid bond execute bid security. A certified or cashier s check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States. The security shall be forfeited to the District as liquidated damages in the event the successful Offeror fails to enter into a contract. PERFORMANCE BOND: The award and notice to proceed will be conditioned upon receipt of a Performance Bond in the amount of one hundred percent (100%) of the total bid amount. PAYMENT BOND: The award and notice to proceed will be conditioned upon receipt of a Payment Bond in the amount of one hundred percent (100%) of the total bid amount. SECRUITY DEPOSIT: Security deposits of the unsuccessful Offers will be returned promptly after the Board has approved a successful bidder.

7 CHANGE ORDER: The contractor shall not perform any work other than as specified in the contract, without first receiving a written change order from the District. The change order will amend the contract. If the contractor fails to obtain a written change order the contractor shall proceeded at its own expense and the District shall not be obligated to make payment therefore oral change orders will not be honored. AMENDMENTS: The District will issue amendments to this document as deemed necessary. PROPOSAL OPENING: Proposals will be opened publicly in a manner to avoid public disclosure of contents however; names of the Offerors will be read aloud. PROPRIETARY INFORMATION: The District operates under a public information law, which permits access to most records and documents. Proprietary information in your response shall be identified and will be protected to the extend legally permissible. PROPOSALS COSTS: The District will not be liable in any way for any cost incurred by Offerors in the preparation of their proposals in response to this RFP nor for the presentation of their proposals and/or participation in any discussions or negotiations. PROPOSAL FORMAT: To assure a uniform review process and to obtain the maximum degree of comparability, each proposal shall include the following content and shall be presented in the following order: COVER LETTER: The letter must summarize your company s qualifications and overall approach for providing the service and must identify all materials and enclosures being forwarded in response and associated cost to the RFP. It must list specific information pertaining to the intent of the request. It should contain information on your authorized person to commit the offer. QUALIFICATIONS: Provide information that documents your ability, capacity, skill and financial strength and number of years of experience in providing the proposed service (s). Also describe any team member s successful experience in working with one another on previous project. Additional information to be provided: The name, title, address, and telephone number of person(s) who will be assigned to the proposal. Credentials of the person(s) who will perform or provide the services, supplies or equipment required. Proof of authorization and professional membership or certification needed to perform or provide the request for proposal. Adequate information to describe the scope of the offeror s previous experience in providing the services, supplies or equipment. Adequate information to describe the nature of the offeror s experience in providing what is required.

8 IMPLEMENTATION PLAN: A detailed narrative statement to demonstrate the offeror s understanding of the Scope of work described in the specifications.. The statement shall include but not necessarily to be limited to the offeror s proposed organizational structure and procedures to provide the required services, supplies & equipment to be used and expectations regarding District s responsibilities and contributions under the contract, any limitations in delivering all the required services, supplies & equipment, any potential problem areas that might impede the successful implementation of the contract, and any other information not specifically required elsewhere in this RFP but considered pertinent by the Offeror SPECIAL SERVICES AND OR RATES: The offeror shall provide information about any special services or rates for governmental clients, i.e. discounts plus any other enhancements offered which will be provided to the District. EVUALATION PROCESS/FACTORS: Proposals shall be evaluated by the District & Jones & Phillips Associates Inc. theatre consultants using the following factors, listed in order of importance. Only Offerors whose offers fall within the competitive range and estimated to be advantageous to the District, taking into consideration the factors set forth in this RFP will advance. Cost Ability to perform the required services using qualified personnel to perform the contract. Offers proposed timelines for completion of project. Special services or fees. RECOMMENDATION: The evaluators will determined the proposal most advantageous to the District using the evaluation factors listed above. Successful Offer will then be notified. At that time a contract shall be executed. The District reserves the right to reject all offers and end the process without executing a contract. TERMS AND CONDITIONS: The terms and conditions of any contract resulting from this RFP shall be those of the District. ETHICAL STANDARDS: It shall be considered breach of ethical standards for any person to offer, give, or agree to give any District employee a gratuity or any offer of employment in connection with the RFP. GENERAL CONDITIONS: The Davenport School District is an Equal Opportunity Employer and pursues Affirmative Action Policies: therefore we require that every successful Offeror be non - discriminatory in their hiring practices. Offeror certifies that he or she has read, understands, and will fully and faithfully comply with this invitation for proposal, its attachments and any referenced documents. Offeror also certifies that the prices offered were independently developed without collusion with any other Offeror or potential Offeror. Contract Documents will consist of the official notice as advertised, the invitation for proposal, the scope of work or services and the signed and accepted contract. If you have questions concerning this document contact K.E. Bohling at or bohlingk@davenportschools.org during the hours of Monday thru Friday.

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