DAVENPORT COMMUNITY SCHOOL DISTRICT 1606 BRADY STREET DAVENPORT, IOWA REQUEST FOR BID

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1 DAVENPORT COMMUNITY SCHOOL DISTRICT 1606 BRADY STREET DAVENPORT, IOWA REQUEST FOR BID BID NUMBER 706 The Davenport Community School District ( District ) invites written sealed bids for South Ticket Booth & ADA Improvements Brady Street Stadium The bid shall be submitted in accordance with the Provisions, Specifications, General Instructions, Request for Bid and Conditions of Purchase. Bids will be received by the Director of Operations, at the Davenport School District, Operation Center, and 1008 W. Kimberly Road, Davenport, Iowa PROJECT NAME: South Ticket Booth & ADA Improvements Brady Street Stadium, 3600 Brady Street, Davenport IA PROPOSED TIMELINES RELEASE DATE: September 5, 2014 Davenport Community School District will release all plans and specifications. PRE-BID CONFERENCE: September 15, 2014 at 2:00 p.m. A pre-bid conference will be held at Brady Street Stadium South Parking Lot to discuss objectives and answer questions relating to this invitation to bid. Bidders attendance is not required but strongly encouraged. BIDS RECEIVED: September 23, 2014 at 2:00 p.m. Bids must arrive on or before the published bid opening time. Upon designated bid opening time, all bids will be opened and read aloud. Bids must be submitted on the enclosed bid form. Bids must be submitted in a sealed envelope clearly marked South Ticket Booth & ADA Improvements Brady Street Stadium. Faxed bids will not be accepted. Late bids will be returned unopened. AWARD OF CONTRACT: October 13, 2014 A contract shall be awarded by the Board of Directors at their regularly scheduled board meetings. Meetings shall be held at the Achievement Service Center, 1606 Brady Street, Davenport Iowa at 6:00 p.m. local time. They reserve the right to reject any or all bids, or any part thereof, and to waive irregularities, and to enter into such a contract that will be deemed in the best interests of the School District. The decision to award the Contract shall be final. START OF CONTRACT: October 14, 2014 COMPLETION OF CONTRACT: December 22, 2014 The District requires the work to be completed including all punch list items prior to the above date. INTENT: It is the intent of this Invitation for Bid to establish a firm fixed price contract with a contractor for South Ticket Booth & ADA Improvements Brady Street Stadium in accordance with the Plans, Specifications and Project Manual if any. BASES OF AWARD: It is the intent of the District to award a contract to the lowest responsible responsive bidder, provided the bid has been submitted in accordance with the requirements of the bidding documents and is determined to be compliant with all bidding requirements, taking into consideration the price, quality, delivery, ability, past work history, and any other factors the District determines to be relevant. 1

2 SCOPE: Furnish all labor, materials, tools equipment, and supervision to complete said project. TERMS: The term of this contract will be for a one (1)-time purchase 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. BIDDER QUALIFICATIONS: Before the award of contract, any bidder 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. It is not the District s intent to limit competition, however you must be pre qualified in order to bid on District projects. Bidder shall complete, sign and return a Contractors Bid List Qualification Form. You may obtain a copy of this form, by contacting the Operation Center, 1008 W. Kimberly Road, Davenport IA 52806, during their normal business hours 8:00 a.m. till 4:30 p.m. Monday through Friday or visit our web site at Under Vendor select Construction Bid Qualification Form. Note: you must be registered with the State of Iowa and have an Iowa Contractor s Registration number and be acceptable to the District, Code of Iowa 91C. MODIFICATION OR WITHDRAWAL OF BID: A bidder may modify or withdraw their bid in person by his/her representative provided proper identification is presented before the official closing date and time. No bid 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 bid on this project and is in doubt as to the true meaning of any part of the drawings, specifications, or other proposed construction 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 bid date. The person submitting a request will be responsible for its prompt delivery. Clarification to the bid documents will be issued in writing and returned to the person in a timely manner. Should the bid document require revisions it will be sent to all bidders of record using a written addendum. See Addendum. RESERVED RIGHTS OF THE SCHOOL DISTRICT: Rejection of bids: The School District reserves the right without penalty to accept or reject any part of any bid, and to accept or reject any or all bids if it is in the best interest of the District. No contract will be awarded except to responsible bidders capable of performing the contract as stated in writing in this document. All bids submitted for evaluation become the property of the School District. Bidder shall be informed in writing of the District s award. Any bid shall be rejected outright and not evaluated for any one of the following reasons. Failure to deliver the bid 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 bid. Failure to include any documents called for in the specifications. Failure to follow the bid form instruction as specified herein. 2

3 The District reserves the right to withdraw or modify this RFB at any time for any reason and to issue such clarifications, modifications and/or amendments as it may deem appropriate. The receipt of a bid by the District or the submission of a bid to the District confers no rights upon the contractor nor obligates the District in any manner. The District reserves the right to waive minor irregularities in bid, provided that such action is in the best interests of the District. Any such waiver shall not modify any remaining RFB requirements or excuse the contractor from full compliance with the RFB and other contract requirements if the contract is awarded. TERMINATION: The District may terminate the contract resulting from this request at any time that a contractor fails to fulfill the contract terms and conditions. The District shall provide written notice to the contractor on non-performance and the contractor shall have 24 hours to correct the non-performance. After the notice, if the contractor fails to remedy the conditions contained in the notice in a timely manner, the District may 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 for non-performance. 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 to the contractor. FORCE MAJEURE: All delays in or failure of performance by either party under this contract shall not constitute default hereunder, or give rise to any claim for damages if such delays or failures are caused by circumstances beyond the control of the party concerned, including by way of specifications, without limitation, decrees of government funding, acts of God, fire, flood, explosion, acts of the military, sabotage, or crime. Should there be a force that interrupts the Davenport Schools Board of Directors from their expected course of action i.e. agenda items requiring action, they will be rescheduled for the next regularly scheduled board meeting. Change of venue will be posted on our Web Site by the appropriate Department. Media services will be notified of date and time by the District authorized person. PROJECT DELAYS: The District retains the right to withdraw work from an untimely contractor and hire others to maintain project timelines at the contractor s expense. These expenses will be back charged to the contractor. Upon notifications of defective or untimely performances, the District shall recover any excess cost and expense from contractor and terminate contractor from the work. PAYMENT TERMS: The District will make payments after final acceptance of work performed and in accordance with the terms of this contract. WITHHOLDING PAYMENT: Conditions for withholding payment from the contractor 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. 3

4 TAXES: Contractors in submitting a bid DO NOT include Iowa taxes due. Tax exemption certificates will be furnished to the successful contractor and sub contractors. A copy of this document must be presented to your supplier(s) prior to purchasing your materials. Tax exemption certificates will be issued by the District one time only. It is the responsibility of the general contractor to submit a list of all sub-contractors requiring tax exemption certificates to the District project manager for review. All certificates will be sent to the general contractor. It will be the responsibility of the general contractor to record and distribute the certificates to his/her subcontractors. Code of Iowa states it is illegal for a contractor/subcontractor to use or allow another contractor to use the certificate issued by the Davenport Community School District on another project 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: Contractors 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. NOTICE TO BIDDERS Each bidder, before submitting a bid, shall become fully informed as to the extent and character of the work required. No consideration will be granted for any alleged misunderstanding of the materials to be furnished or the work to be done; it is further understood that the submission of a bid is an agreement to all items and conditions referred to herein. IOWA PREFERENCE REQUIREMENTS: 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) By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa (Iowa Code 73.1). A preference shall be given to targeted small business, minority-owned businesses and female-owned businesses for any work or subcontracting. (Iowa Code 73.17) Reciprocal resident bidder preference by state, its agencies, and political subdivisions: Iowa Code Section 73A.21 requires contractors to supply information with their bids regarding their resident or nonresident status. Failure to provide the statement with your bid may result in the bid being deemed nonresponsive. This may result in the bid being rejected by the public body. A copy of the Bidders Status Form can be found attached to this document. It is also available on line at: form.pdf. Preference shall be given to purchasing Iowa products and purchases from Iowa-based businesses if the Iowa-based business bids submitted are comparable in price to bids submitted by out-of-state businesses and otherwise meet the required specifications. Iowa Code 8A.311 ADDENDUM: Necessary revisions to the bidding document will be issued as a written addenda within a reasonable time prior to the bid date to all known to have received a copy of the bidding documents and will become part of the bidding documents. Interpretation, corrections or changes of the bid documents made in any other manner shall not be binding, and bidders shall not rely upon such interpretations, corrections or changes. 4

5 CORRECTIONS OF ERRORS ON BID FORMS: All prices and notations should be in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Erasures or the use of typewriter correction fluid may be cause for rejection. No bid shall be altered or amended after specified time for opening. RESPONSIBILITY OF CONTRACTORS: The contractor shall: A. Provide competent supervision. B. Take precautions necessary to protect persons or property against injury that may occur as a result of their negligence. C. Performs the work without unnecessarily interfering with other contractors work or District activities. D. Be responsible for any and all damages to existing facilities and equipment. E. Be responsible for work performed and materials delivered; include School District furnished items, until completion and final acceptance. F. 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. It is the responsibility of the general contractor to ensure the requirements for the Renovation, Remodel and Repainting (RPR) Rule for Lead containing materials is met. For all renovation projects with buildings age prior to 1978, the general contractor must have a state licensed Lead Safe Renovator on site at all times to ensure requirements are met. For additional information contact Iowa Department of Public Health, Bureau of Lead Poisoning Prevention at 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 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. CONTRACTORS INSURANCE: The Contractor 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 Contractor s operations under the Contract, whether such operations be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by any one for whose acts any of them may be liable. INSURANCE CLAUSE: Insurance coverage shall cover the following: 5

6 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 there from 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 4,000,000. Products/Complete Operations Aggregate 4, 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. INDEMNIFICATION: Contractor 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 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, 6

7 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 there from (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, 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, 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: Bidder 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 bid. 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 bid, the bidder 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 described by the proposed contract document. The successful bidder shall, during the course of performance under the proposed contract comply with all occupational, safety & health standards and EOE Regulations. SUSPENSIONS & DEBARMENT: The contractor certifies pursuant to 48 CFR Part 9 that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any Federal Agency. The Contractor further certifies that they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the State of Iowa. BID SECURITY: A bid security in the amount of five percent (5%) of bid total must accompany bid response. The bidder 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 bid security shall be forfeited to the District as liquidated damages in the event the successful bidder 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 bidders will be returned promptly after the Board has approved a successful bidder. 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 7

8 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. GRATUITIES: Chapter 722 of the Code of Iowa provides that it is a felony to offer, promise or give anything of value or benefit to a person serving in a public capacity including a school district employee with the intent to influence that employee s act, opinion, judgment or exercises of discretion with respect to the employee s duties. AFFIRMATION ACTION: The contractor will take affirmative action in complying with all Federal & State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reason of race, color, religion, sex, national origin or physical handicap. CONTRACT DOCUMENT: Contract Documents will consist of the Request for bid, detailed plans, drawings, specifications, project manual, if any, the signed and accepted bid form, the signed and accepted contract, the approved performance bond, bid conditions, and the insurance certificates. BIDDER S RESPONSIBILITY: By submitting a bid, bidder certifies that he or she has read, understands, and will fully and faithfully comply with this invitation for bid, its attachments and any referenced documents. Bidder also certifies that the prices offered were independently developed without collusion with any other bidder or potential bidders. If you have questions concerning this bid contact Mike Maloney at between the hours of 7:30 a.m. and 4:30 p.m. local time, Monday through Friday. 8