SECTION 1 PROPOSAL INSTRUCTIONS

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1 SECTION 1 PROPOSAL INSTRUCTIONS Communications Regarding this Project. Please direct all communications regarding the RFP Process to: Jim Reitenbach, Lakewood City School District at jim.reitenbach@lakewoodcityschools.org or A copy of this proposal and any additional documentation may be found at the Lakewood City School District s website at: Submitting a Proposal. Each Contractor seeking consideration for performance of services related to the project must submit a Proposal on the forms provided. Proposers are to submit one original copy signed by an officer authorized to bind the Contractor. All proposals shall be sealed, properly addressed with the name of the Contractor and sent to: Kent Zeman, Treasurer, Lakewood City School District, 1470 Warren Road, Lakewood, Ohio before 12:00 a.m. on September 7, Proposals received after the scheduled date/time will not be considered. All supporting materials and documentation must be included with the proposal. The responsibility of timely delivery lies solely with the Proposer. Faxed and ed proposals are not acceptable. The Lakewood City School District (District) reserves the right to reject any and all proposals, to waive any irregularities in a proposal, or to accept the proposal(s) which in the judgment of proper officials, is in the best interest of the District. The District reserves the right to accept a part or parts of a proposal unless otherwise restricted in the RFP or issue subsequent Requests for Proposal. The District reserves the right to approve or reject any sub-contractors proposed for work under this proposal or waive any minor irregularities. The District reserves the right to select the successful proposer on the basis of proposals received, without seeking further information for clarification from proposers. Upon review of proposals, the District may designate the most qualified proposals as finalists. These finalists may be invited to participate in a question and answer session with the District. The District shall have the right to visit selected user sites, should this be deemed necessary. The District does not guarantee that any contract will be awarded as a result of this RFP. In the event that a contract award is made but the contract is not executed, the District does not guarantee that the contract will be re-awarded. Required Proposal Contents. All brochures and supplemental documentation shall be included with the proposal. If not, the proposal may be considered as non-responsive. Contractors are required to submit the following information in their proposal: Key Personnel Information. Provide the name, title, mailing address, telephone number and address of the persons who will function as the District s primary contact. (form included) Proposal Response as per Section 2. SECTION 2 SCOPE OF PROJECT Purpose and Need / Project Description. The District would like to establish a contract for the leasing and/or purchase of fitness equipment for the auxiliary gym and fitness center at Lakewood High School. As the District is opening an auxiliary gym on November 1, 2017, and a public fitness center, no later than January 1, 2018, the District wishes to equip both areas with new commercial cardio equipment, utilizing a lease basis. SCOPE OF WORK / PROJECT REQUIREMENTS. The equipment needs to be delivered the week of Oct. 29, 2017, and all items are to be installed and operable for students before Wednesday, Nov. 1, Training of personnel for the care, maintenance, and operation of the equipment shall be performed prior to Wednesday, Nov. 1, There will be no additional cost to the District for the above.

2 As the equipment is listed with a unit lease and/or purchase cost, the District reserves the right to vary the number of units for each piece of equipment selected. The selected proposer will be expected to perform the following: If Leased: 1. All maintenance will be covered by the proposing company and included in your lease pricing 2. All preventative maintenance will be covered by the proposing company and included in your lease pricing. 3. Include your preventative maintenance plan. 4. All maintenance calls must be addressed within 24 hours, diagnosed within 48 hours, and equipment fixed within 72 hours (if parts are not needed). 5. If a piece of equipment will be down longer than five (5) business days, the proposer must provide a substitute (ie: elliptical for elliptical) of greater or equal value within three (3) business days at no additional cost. 6. It is imperative that all equipment is well maintained, operational, and ready for use by the public. 7. Equipment proposed cannot be more than one model older than the newest model of same kind by the manufacturer. 8. Proposer must have one main point of contact with one additional back up point of contact. 9. Equipment leasing should be billed monthly with each piece of equipment listed as a separate line item. 10. Proposer must submit a copy of their lease agreement, which will be reviewed by the District s legal team. Any discrepancies with your lease and our terms and conditions will be addressed prior to award. 11. Proposer must provide hours of both operation and maintenance/repairs. 12. Cost for delivery and set up: 13. Leasing of equipment is for a term of three (3) years, with options to renew for two (2) additional two (2) year periods. 14. Cost will be provided to upgrade equipment three (3) months prior to end of each renewal period. If Purchased: 1. Annual preventative maintenance cost for first three (3) years. 2. Annual maintenance Agreement cost for first three (3) years. 3. All maintenance calls must be addressed within 24 hours, diagnosed within 48 hours, and equipment fixed within 72 hours (if parts are not needed). 4. If a piece of equipment will be down longer than five (5) business days, the proposer must provide a substitute (ie: elliptical for elliptical) of greater or equal value within three (3) business days at no additional cost. 5. It is imperative that all equipment is well maintained, operational, and ready for use by the public. 6. Equipment proposed cannot be more than one model older than the newest model of same kind by the manufacturer. 7. Proposer must have one main point of contact with one additional back up point of contact. 8. Proposer must provide hours of both operation and maintenance/repairs. 9. Cost for delivery and set up: PRICING STRUCTURE. Prices proposed will remain firm for acceptance within sixty (60) calendar days after the RFP closing date. 1. At the end of the RFP, you will find a list of the fitness equipment in which the District wants to know the monthly lease and/or purchase price. In your proposal, please indicate the monthly cost of leasing and/or purchasing one to four and five to eight of each of the pieces of equipment. 2

3 2. The District reserves the right to mix pieces of equipment via either leasing or purchasing. Name brand specification: The intent and purpose of referring to a specific make and model is to specify levels of quality and performance acceptable to the Lakewood City School District. The District will accept and encourages the submittal of the RFP for competitive products that will perform as well as example models and provide substantially equally or greater quality. Manufacturer: SECTION 3 REQUIREMENTS AND CONDITIONS FOR ALL PROPOSERS Tax Exemption. All items purchased under this contract will be exempt from the State of Ohio Sales Tax as provided for in Section (b)(1) of the Revised Code of Ohio, and will be exempt from the State of Ohio Use Tax, Section (C)(2). Blanket Certification of Exemption Forms will be furnished to the Contractor by the Treasurer s office. Proposer s Incurred Costs. Each proposer shall be responsible for all costs incurred in preparing a response to this RFP. All materials and documents submitted by the proposer in response to this RFP shall become the property of the District, and shall not be returned. Respondents selected for further negotiations, as well as the proposer ultimately selected to enter into a contractual agreement with the District, shall be responsible for all costs incurred by it during negotiations. Standard Agreement Terms for Professional Services These are standard terms are subject to change by the District prior to the award of the contract. ARTICLE 1. TERM AND SERVICES TO BE PERFORMED BY CONTRACTOR The Agreement shall commence upon execution by the District and the Contractor and shall terminate upon the agreed upon date between the District and the Contractor. The Contractor shall provide all services necessary to complete the Services that are described in Section 2. ARTICLE 2. INDEMNIFICATION The Contractor shall indemnify and defend the District and its elected officials, officers, employees and agents from and against all claims, losses, damages, and expenses (including reasonable attorneys fees) of whatsoever kind and nature, to the extent that such claims, losses, damages, or expenses are caused by or arise out of the performance or non-performance of this Agreement and/or the acts, omissions, or conduct of Contractor and its agents, employees, contractors, sub-contractors and representatives in undertaking and performing the Services. This Article shall survive early termination or expiration of this Agreement. ARTICLE 3. INSURANCE During the term of this Agreement, Contractor shall maintain, at its sole cost and expense, no less than the following insurance issued by an insurance company authorized to conduct business in the State of Ohio and having an A rating or better by A.M. Best: 3

4 (1) General Liability Insurance, having a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate. (2) Automobile Liability Insurance, having a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. (3) Employers Liability Insurance, having a limit of $500,000 for each occurrence. (4) Professional Liability Insurance, having a limit of $1,000,000 annual aggregate. (5) Contractor shall maintain errors and omissions insurance in the amount of $1,000, Current certificates of insurance for all policies and concurrent policies required to be maintained by Contractor pursuant to this Article shall be furnished to the District. All such insurance policies, excluding Professional Liability Insurance, shall name the District, its elected officials, officers, agents, employees, and volunteers as additional insureds, but only to the extent of the extent of the policy limits stated herein. All policies of insurance required hereunder shall contain a provision requiring a minimum of thirty (30) days advance written notice to the District in the event of cancellation or diminution of coverage Contractor also shall maintain Workers Compensation Insurance in such amounts as required by law for all employees, and shall furnish to the District evidence of same. ARTICLE 4. TERMINATION This Agreement may be terminated by the District upon written notice in the event of substantial failure by Contractor to perform in accordance with the terms of this Agreement. Contractor shall have ten (10) calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the District. The District may terminate or suspend performance of this Agreement for the District s convenience upon thirty (30) calendar days prior written notice to the contractor. In the event of termination by the District hereunder, the District will pay the Contractor for Services actually provided up to the date of termination. ARTICLE 5. STANDARD TERMS A. DELAY IN PERFORMANCE Neither the District nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either the District or contractor under this Agreement, provided the aforementioned circumstances are not due to the negligence or fault of the asserting party or any of its agents, employees, contractors, sub-contractors and/or representatives. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. B. WAIVER A waiver by the District or the Contractor of any breach of this Agreement shall be in writing. Such a waiver shall be effective only in the specific instance and for the specific purpose for which it is given and shall not affect the waiving party s rights with respect to any other or further breach. 4

5 C. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void, unenforceable, invalid or illegal provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision. D. INDEPENDENT CONTRACTOR By executing this Agreement for professional services, the Contractor acknowledges and agrees that it will be providing services to the District as an independent contractor. As an independent contractor for the District, the Contractor shall be prohibited from representing or allowing others to construe the parties relationship in a manner inconsistent with this Article. Contractor shall have no authority to assume or create any obligation on behalf of, or in the name of the District, without the express prior written approval of a duly authorized representative of the District. F. AMENDMENT The parties may mutually agree to amend this Agreement. However, no such amendment shall be effective unless it is reduced to a writing, which references this Agreement, executed by a duly authorized representative of each party and, if applicable or required, approved by the District. G. INTEGRATION This Agreement represents the entire and integrated agreement between the District and Contractor. This Agreement supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. H. COMMUNICATIONS Any written communication or notice required or permitted by this Agreement shall be made in writing and shall be delivered personally, sent by express delivery, certified mail or first class U.S. mail, postage pre-paid to the address specified below: (Please Print) Company Name: Tax Identification Number: Address: City, State, Zip: Telephone: Contact: Title: Back up Contact: 5

6 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the Contractor and the District. The undersigned: 1. Is fully acquainted with and understands completely the work scope of services covered by this Request for Proposal. 2. Has examined all factors and conditions affecting, or which may be affected by the work, their various parts and elements. As part of the bid, I hereby certify that this RFP fully complies with the requirements of the Request for Proposal, and if not, constitutes sufficient grounds for Lakewood Schools to reject this bid. Lakewood Schools reserves the right to reject any or all bids for any reason or no reason. The Lakewood Schools reserves its rights to consider factors other than price in determining whether to accept or reject the proposal. Name: Signature: Date: GENERAL SPECIFICATIONS/REQUIREMENTS Cardio Equipment please note that all specifications are based on manufacturer s warranties and specifications, no 3rd party warranty entity will be accepted and any warranty extension must be signed, dated, notarized, and approved by the bidding company s owner and the manufacturer owner. 6

7 QUANTITY ITEM DESCRIPTION/SPECIFICATIONS 1 st Floor Auxiliary Gymnasium 3 Treadmill Must meet or exceed specifications 4 hp Reversible 1 deck 3.0 rollers Speed range 0.5 to 12.0mph Incline / Decline 0%-15% Footprint: 84.5 length and 35 width Maximum user weight 450lbs Step up height 11.5 Motor: 5 years Part: all part 5 years no limitations Labor: 2 years no limitations 3 Elliptical Must meet or exceed specifications, Resistance levels - 20 Stride length Footprint: 84 length and 32 width Maximum user weight 450 lbs Flywheel 30lbs Parts: all parts 5 years no limitations Labor: 2 years no limitations 3 Recumbent Bike Must meet or exceed specifications Dual Stage Drive System 3-piece forged steel crank system with sealed bearings 40 levels of resistance Flywheel 30lbs Footprint- 58 length and 26 width Maximum user weight 450lbs Parts: all parts 5 years no limitations Labor: 2 years no limitations 7

8 QUANTITY ITEM DESCRIPTION/SPECIFICATIONS 2 nd Floor Fitness Center 8 Treadmill Integrated wireless capabilities 5 hp Reversible 1 deck 3.5 rollers Speed range 0.5 to 12.0mph Incline / Decline 0%-18% Footprint: 84.5 length and 39.7 width Maximum user weight 500lbs Step up height 11.5 Motor: 5 years Part: all part 3 years no limitations Labor: 3 years no limitations 8 Elliptical Integrated wireless capabilities Stride length 21 Footprint: 67 length and 34 width Maximum user weight 400 lbs. Step up height 7 Parts: all parts 3 years no limitations Labor: 3 years no limitations 3 Recumbent Bike Integrated wireless capabilities Dual Stage Drive System 3-piece forged steel crank system with sealed bearings Resistance levels - 30 Footprint- 58 length and 26 width Maximum user weight 400lbs Parts: all parts 3 years no limitations Labor: 3 years no limitations 8

9 QUANTITY ITEM DESCRIPTION/SPECIFICATIONS 2 nd Floor Fitness Center 2 Upright Bikes Integrated wireless capabilities Dual Stage Drive System 3-piece forged steel crank system with sealed bearings Resistance levels - 30 Footprint- 45 length and 24 width Maximum user weight 400lbs Parts: all parts 3 years no limitations Labor: 3 years no limitations 4 Spinning Bikes Smartech wireless system Dual sided SPD pedals 16 levels of adjustable resistance 1 Stepmill adjustable stairclimber Revolving stairs SPM range Incline ramp capabilities degrees Step up height 12 Step width 21 Step depth 10 Maximum user weight 400lbs Dimensions: 196 length x 86 height Frame: 7 years Parts: 3 years Labor: 3 years 2 Assault bikes 2 Water Rower- Maximum user weight 450lbs Dimension: 75 length and 28 wide Resistance levels years frame 3 years tank and seal 2 years wearable items 9