Request for Proposal

BID SPECIFICATIONS

CAMDENTON R-III SCHOOL DISTRICT

Maintenance Building Excavation Project

DELIVER SEALED PROPOSALS TO: Camdenton R-III School District

Attn: Tim Hadfield

RE: Maintenance Building Excavation Project

PO Box 1409

Camdenton, MO 65020

1.0 GENERAL INFORMATION:

The Camdenton R-III School District is soliciting sealed proposals (RFP) for the Maintenance Building Excavation Project RFP.

This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected, and the contractual terms that will govern the relationship between the District and the selected Vendor. It is the intention of the Camdenton R-III School District to award the contract to the company or companies that appears most advantageous to the District.

Contact Person: Kerry Dickemann, Director of Maintenance, 573-346-9265
Proposals will be received NO LATER THAN 11:00 am, August 16, 2021, in the Administration Building located at 172 Dare Blvd, Camdenton, MO 65020.
FAXED PROPOSALS WILL NOT BE ACCEPTED.

1.1 Communication with the Camdenton R-III School District: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP.

The Camdenton R-III School District will not be bound by oral responses to inquiries or written responses other than addenda.

Please direct all technical inquiries to:

Kerry Dickemann, Director of Maintenance

Camdenton R-111 School District

PO Box 1409

Camdenton, MO 65020

[email protected]

1.2 Award of Proposal: Camdenton School District's objective is to award the proposal to one responsible bidder possessing the ability to perform successfully under the terms and conditions contained in this RFP. However, the District reserves the right to award this proposal on an item-by-item basis or a group of items, particularly when doing so will: permit maximum participation by small businesses, minority businesses and women's business enterprises; allow for the purchase of only items that contain the highest practicable percentage of recovered materials, as defined by the Environmental Protection Agency (EPA); or, allow for the purchase, to the maximum extent practicable, of domestic commodities and products. The District reserves the right to reject any or all proposals, in whole or in part, and is not necessarily bound to accept the lowest cost proposal. Should the District determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.

1.3 Confidentiality: To the extent permitted by law, the information contained in proposals submitted for the District's consideration will be held in confidence until all evaluations are concluded and an award has been made. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The District will honor requests for confidentiality for information of a proprietary nature to the extent

allowed by law. Bidders should clearly mark any information considered confidential and/or proprietary. RFP: Maintenance Building Excavation Project

1.4 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.

1.5 Debarment: Submission of a signed proposal in response to this solicitation is certification that the bidder (or any sub-vendor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any City, State or Federal department or agency. Submission is also agreement that the Camdenton R-III School District will be notified of any change in this status.

1.6 Proposal Understanding: By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in the bidder's proposal.

1.7 Proposal Validity: Unless otherwise specified, all proposals shall be valid for 90 days from the due date of the proposal.

The envelope must be clearly identified on the outside as follows: Name of Bidder

Address of Bidder

Due Date

RFP Maintenance Building Excavation Project

1.8 Errors: Proposals may be withdrawn or amended by bidders at any time prior to the proposal opening. If a significant mistake has been made by an apparent low bidder, the bidder will be given the option of fulfilling the contract at the proposed price or withdrawing the proposal. If an extension error has been made, the unit price will prevail.

1.9 Contract Administration: If a bidder needs clarification of, or deviation from the terms of the contract set out in Section 2.0 of this RFP, it is the bidder's responsibility to complete the "Request for Exception" page and obtain written clarification or approval from:

Tim Hadfield, Superintendent

Camdenton R-III School District

PO Box 1409, Camdenton, MO 65020

1.10 Excluded Bidders: If a bidder developed or drafted this RFP, including the specifications contained herein, said bidder is excluded from submitting a proposal in response to this RFP and the District will reject any such proposal submitted.

1.11 Quantities: The quantities shown in this RFP are based on estimated needs. The Camdenton R- III

School District reserves the right to adjust quantities to meet actual needs.

2.0 GENERAL TERMS AND CONDITIONS: The following is a list of contractual terms that will govern the relationship between the selected bidder and the District. Other contractual terms are contained elsewhere in this RFP and will govern the relationship as well. By submitting a proposal, bidders are agreeing that these terms will become a part of the final contract between the District and the bidder. Any attempt to modify these terms must be noted in the bidder’s proposal. The District reserves the right, in its sole discretion, to accept such modifications and select the bidder or reject the bidder’s proposal.

2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Vendor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the Superintendent of the Camdenton School District and the Vendor, all of which shall be referred to collectively as the Contract Documents.

2.2 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

2.3 Litigation: The Contract and the rights and obligations of the parties here under shall be governed by and construed in accordance with the laws of the State of Missouri without reference to its conflicts of laws principles. The Vendor and the District agree that any litigation action or proceeding arising out of this Contract shall be instituted in the Circuit Court of Camden County, Missouri, and the parties further agree that this will be the sole and exclusive venue for any such actions.

2.4 Tax Exemption: The Camdenton R-III School District is a non-profit organization and is exempt from the payment of Federal Excise Taxes on articles not for resale and for the Federal Transportation Tax on all shipments. The RFP: Camdenton R- III School District Maintenance Building Excavation Project and any sub vendor shall quote and shall be reimbursed less these taxes. Upon application, exemption certificates will be furnished when required.

2.5 Equal Opportunity: In the execution of the contract, the Vendor and all sub vendors agree, consistent with Camdenton R- III School District policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability or veterans status and to provide reasonable accommodations to qualified individuals with disabilities upon request.

2.6 Independent Vendor: Whether the Vendor is a corporation, partnership or other legal entity, the Vendor is an independent vendor. The manner in which services are performed shall be controlled by the Vendor, however, the nature of the services and the results to be achieved shall be specified by the Camdenton R- III School District. The Vendor is not to be deemed an employee or agent of the Camdenton R- III School District and has no authority to make any binding commitments or obligations on behalf of the District except as expressly provided herein.

2.7 Indemnification: The Vendor agrees to be responsible for, and to defend, hold harmless, and indemnify the Camdenton R- III School District and its employees from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the District or for which the District may be held or become liable by reason, in whole or in part, of Vendor’s negligence or willful misconduct in performing its obligations under this contract..

2.8 Payment: Payment will be made upon receipt of correct invoice for goods that have been delivered, installed and accepted. A vendor may not submit an invoice for partial installation. All materials must be installed and inspected prior to final payment. If materials are damaged during installation vendor must replace product with like product prior to final payment.

2.9 Cancellation: The Camdenton R- III School District reserves the right to cancel or terminate this contract without pecuniary risk or penalty upon written notice of the intent to do so. If at any time the vendor fails to fulfill or abide by the terms, conditions, or specifications of this contract, the District reserves the right to terminate this contract upon thirty days written notification of the intent to do so. Upon termination, the District will only be responsible for paying for services rendered and equipment provided up to the date of cancellation.

2.10 Prevailing Wage: Prevailing Wage. The contractor will need to be responsible for paying prevailing wage as needed and it is imperative that all contractors familiarize themselves with the current wage rates before submitting bids based on these specifications herein. The contractor will forfeit a penalty to the contracting public body of $100 per day (or a portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the contractor or any subcontractors.

2.11 OSHA Training: To the extent applicable, the contractor and all subcontractors to the contract must require all on-site employees to complete the ten-hour safety training program required under Section 292.675, RSMo, if they have not previously completed the program and have documentation of having done so. The contractor will forfeit a penalty to the contracting public body of $2,500 plus an additional $100 for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training.

2.12 Excessive Unemployment: During the periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent as measured by the United States Bureau of Labor Statistics) only Missouri laborers (persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, (as determined by the Labor and Industrial Relations Commission) may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the contractor and approved by the contracting officer.

2.13 Transient Employers: Every transient employer, as defined in Section 285.230 RSMo, enclosed in the laws section, must post in a prominent and easily accessible place at work site a clearly legible copy of the following: (1) The notice of registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the department of revenue through records of the division of workers' compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security. Any transient employer failing to comply with these requirements shall, under Section

285.234 RSMo, enclosed in the laws section, be liable for a penalty of five hundred dollars per day until the notices required by this section are posted as required by that statute.

2.14 E-Verify: Vendor must provide a sworn affidavit and supporting documentation that affirms Vendor's participation in a federal work authorization program as well as an affidavit that Vendor does not knowingly employ any person who is an unauthorized alien who will be working on the services provided to the District. Vendor will provide similar affidavits to the District on an annual basis.

2.15 The Vendor shall at all times during the term of this contract comply with the following federal laws, to the extent applicable:

The Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Publics Works Financed in Whole or in Part by Loans or Grants from the United States”), and all applicable federal regulations related to the same.
The Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”), and all applicable federal regulations related to the same.
The Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of Labor regulations (29 CFR Part 5), and all applicable federal regulations related to the same.
All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387).
The contractual provisions set forth in 41 CFR 60-1.4 regarding Equal Opportunity.
Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

2.16 All applicable provisions and requirements contained in the federal laws and accompanying federal regulations cited in subsection 24.A above are incorporated into this contract as if fully stated in the terms herein. To the extent that any such terms conflict with any other terms of this agreement, the conflicting terms will be interpreted as complimenting each other to the extent possible so that the federally required terms are complied with. When such an interpretation is not possible, the federal requirements contained in the conflicting terms shall control.

2.17 Certification of eligibility. By entering into this contract, Vendor certifies that:

It is not a party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Order 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”
Neither it (nor he or she) nor any person or firm who has an interest in the Vendor's firm is a person or firm ineligible to be awarded government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
No part of this agreement shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

2.18 Vendor agrees to comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and must file the required certification. Vendor certifies is will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee or a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Vendor must disclose any lobbying with any Federal or non-Federal funds that takes place in connection with obtaining any Federal award, including the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the Vendor with respect to that Federal contract, grant, loan, or cooperative agreement.

2.19 Background Checks: Prior to commencement of any work, Vendor agrees that all of its employees who will be performing the work and will be on District property when students are present will have completed criminal background checks in accordance with Mo. Rev. Stat. § 168.133 and the requirements of the Missouri Department of Elementary and Secondary Education, including a background check through the Federal Bureau of Investigation’s criminal history files, the Missouri Highway Patrol’s criminal history database and sexual offender registry. Vendor will not allow any employees whose background check reveals that he/she has exhibited behavior that is violent or harmful to children or adults to be present on District property.

2.20 Use of District Data: Vendor acknowledges and agrees that, to the extent that any data, records, or other information provided to Vendor contains personally identifiable information of District students or employees (collectively “Data”), that such Data will remain the confidential property of the District. Vendor agrees to comply with all applicable laws, including, but not limited to, the Family Education Rights and Privacy Act, regarding the confidentiality of such Data and agrees to limit release of such Data in accordance with such laws. Vendor shall only use the Data to provide the services required under this contract and will ensure that industry-accepted security measures are used by Vendor in protecting the confidentiality of such Data. Vendor will further provide notice as soon as practicable of any unauthorized disclosures of such Data and will be fully responsible for all costs and claims associated with Vendor’s unauthorized release, regardless of the cause. If Vendor receives a subpoena or court order, or otherwise determines that it is required by law to disclose the Data, it will provide at least ten (10) days’ prior notice to the District before making said disclosure and reasonably cooperate with the District in the District’s efforts to prevent the disclosure. The provisions of this Section shall survive termination of this contract for any reason.

2.21 Anti-Discrimination Against Israel Act: To the extent that § 34.600, RSMo. applies to this contract, Vendor hereby certifies pursuant to said statute that it is not currently engaged in and shall not for the duration of this agreement engage in a boycott of goods or services from: the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or, persons or entities doing business in the State of Israel.

3.0 Schedule: The proposed project schedule for this RFP is as follows: Per cover sheet

4.0 INSURANCE:

4.1 Liability Insurance: Vendor MUST provide evidence of liability and workers comp insurance with this proposal. The Camdenton R- III School District retains the right of approval for insurance coverage. The District shall be named as an Additional Insured on the Commercial General Liability insurance. Certificates of Insurance for all of the above insurance shall be filed with the District. Certificates shall be filed prior to the date of performance under this Agreement. RFP: Camdenton R- III School District Maintenance Building Excavation Project.

5.0 EVALUATION PROCESS:

The Camdenton R- III School District will award the contract to the responsible service provider possessing the ability to perform successfully under the terms and conditions contained in this RFP and whose proposal is most advantageous to the District. To determine this service provider, the District will apply the best value concept.

Criteria will include, but is not limited to:

The ability, capacity, and skill of the service provider to provide the service and support as described.
The service provider's familiarity with Camdenton R- III District requirements and attendance at the pre-bid conference.
The service provider's character, integrity, reputation, judgment, experience, and efficiency.
Performance on previous purchases or contracts with the Camdenton R-111 School District.
A proposal that is functional, but is also flexible enough to offer alternatives and future opportunities.
A solution that can interface and integrate with existing systems and equipment.
A solution that can be supported and maintained without excessive cost to the district.

6.0 CONFIDENTIAL INFORMATION:

Vendors to the RFP are advised that materials contained in their proposals are subject to the Missouri Sunshine Law and may be viewed and/or copied by any member of the public, including news agencies and competitors. The District reserves the right to reject any or all proposals received, or to award a contract on the basis of initial offers received without discussions or clarifications. Therefore, the proposal should contain the vendor's best price and technical response based on the RFP.

7.0 CAMDENTON R- III SCHOOL DISTRICT OBLIGATIONS:

The District accepts no obligations for costs incurred by vendors responding to this RFP or on being awarded the contract. The District reserves the right to select a proposal without discussion with the vendors. It is understood that proposals shall become part of the District's official files. Retention of these proposals does not obligate the District to any action. The District reserves the right to reject any and all proposals received.

8.0 REFERENCES:

Provide a list of three references including company name, contact name, address, telephone number, and email address. References should be companies or institutions that have purchased and installed items for a project similar in scope.

9.0 DEFAULT CONDITIONS:

If the contracted service provider breaches any provision, becomes insolvent, enters voluntary or involuntary bankruptcy or receivership proceedings, or makes an assignment for the benefit of creditors, the Camdenton R- III School District will have the right (without limiting any other rights or remedies that it may have in the contract or by law) to terminate this contract with five days written notice to the service provider.

The District will then be relieved of all obligations, except to pay the value of the service provider's prior performance (at not exceeding the contract rate). The service provider will be liable to the District for all cost exceeding the contract price that the District incurs in completing or procuring the service and the recovery of District provided materials as described RFP: Camdenton R- III School District Maintenance Building Excavation Project, in this document. The District's right to acquire strict performance of any obligation in this contract will not be affected by any previous waiver, forbearance or course of dealing. RFP: Camdenton R- III School District Maintenance Building Excavation Project.

10.0 NON-COLLUSIVE BIDDING CERTIFICATE

By submission of this proposal, the bidder certifies that:

a) This bid or proposal has been independently arrived at without collusion with another bidder or with any competitor;
b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other bidder, competitor or potential competitor;
c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a proposal;
d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the bidder as well as to the person signing in its behalf.
e) THE FAILURE TO SIGN YOUR PROPOSAL MAY BE CAUSE FOR YOUR BID TO BE REJECTED.

Maintenance Building Excavation Project Scope of Work

Description:

Cut in new driveway entrance approximately 700 feet long X 18 feet wide. Haul in 2" clean rock for construction road entrance to building site. Spread rock to grade with track loader. Install 40 feet of 36" culvert where discussed onsite where water runs off from upper side of Road. Reshape upper ditch line and establish drainage to new culvert pipe inlet. Place 8"-12" Rip Rap at inlet of new culvert pipe.

Cut vegetation and excavate out for new building pad approximately 60 ft. x 250 ft. Waste approximately 6,000 cubic yards of excess dirt onsite and build up pad site and parking apron. Compact dirt with compactor. Dig footings for new building with excavator.

Haul in approximately 700 cubic yards of screenings for building up subgrade and compact in place for new building pad sub grade. Compact in place with smooth drum vibrating roller.

Dig trench from existing transformer on property to new building location. Haul in lime screenings for bedding & backfilling electrical conduits with skid steer. Others are to provide & install electrical conduits for electrical conduits.

Provide and install approximately 950 ft. for new 2" pressure sewer main to existing pressure line behind parking lot retaining wall per our site visit. Tap and connect onto existing main line and set meter keg with a curb stop shut off valve. Haul in rock for bedding and backfilling pipe where needed.

Haul in 2" clean rock for backfilling drain tile pipe and over dig areas. Provide operator and track loader to backfill sections of concrete walls with 2" clean.

Request for Exception

Please specify the requirement that your bid is taking exception to and provide a detailed explanation of why the exception is being made.

Specification number of Exception: _ Explanation:

Request for Proposal - Maintenance Building Excavation Project