2023402 - SPPL Furniture Bid Docs - Shelving.pdf

SIOUX CITY, IA DES MOINES, IA DUBUQUE, IA MILWAUKEE, WI

712 252 3889 515 288 2000 563 583 4900 414 200 9660/ / /

BID PACKAGE

Sun Prairie Public Library Remodel and Addition

Library Shelving

1350 Linnerud Drive Sun Prairie, WI

FEH Project No. 2023402

1 November 2024

FEH DESIGN 1 November 2024 Project No: 2023402

Advertisement for Bid 00 11 13 - Page 1 of 2 Sun Prairie Public Library – Shelving Sun Prairie, WI

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

1.1 PROJECT INFORMATION

A. Notice to Bidders: Qualified bidders may submit bids for a project as described in this Document, furniture for the newly built library building. Submit bids according to the Instructions to Bidders.

B. Project Identification: Sun Prairie Public Library Remodel and Addition

1. Project Location: 1350 Linnerud Drive, Sun Prairie, WI.

C. Owner: City of Sun Prairie.

1. Owner's Representative: Svetha Hetzler, Library Director

D. Interior Designer: Sarah Jansen, IIDA, sarahjj@fehdesign.com E. Contract: Bids will be received for the following Work:

1. Procurement, Delivery and Installation of New Library Shelving.

F. The expected substantial completion date for the project includes four phases of work with final substantial completion anticipated on April 6, 2026.

1.2 BID SUBMITTAL AND OPENING

A. Owner will receive sealed bids until the bid time and date at the location given below.

Owner will consider bids prepared in compliance with the Request for Bids, Sales Agreement, and Instructions to Bidders issued by Owner, and delivered as follows:

1. Bid Date: 20 November 2024.

2. Bid Time: 11:00 a.m. local time

3. Location: Sun Prairie City Hall.

Finance Office 300 E. Main Street Sun Prairie, WI

B. Each bid shall be submitted on the Bid Form provided with the Bidding Documents and shall be accompanied by bid security as noted below. No oral, telephonic or electronic bids will be accepted.

C. Bidders are solely responsible for ensuring bids are received by the Owner at the correct time and location. Owner will not be responsible for any failure of a bid to be timely received.

D. This project is sales tax exempt. The owner will issue an exemption certificate for the purchase or use of materials, supplies, and equipment that will be used in the performance of the contract.

E. Bids will be thereafter publicly opened and read aloud shortly after 11:00a.m. on Wednesday, November 20, 2024 at the Sun Prairie City Hall.

1.3 BIDDER'S QUALIFICATIONS

A. Bidders must be properly licensed under the laws governing their respective trades and be able to obtain insurance and bonds required for the Work.

Advertisement for Bid 00 11 13 - Page 2 of 2 Sun Prairie Public Library – Shelving Sun Prairie, WI

1.4 BASIS OF BIDS

A. Each bidder shall accompany its bid with bid security as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond, in a form acceptable to the City of Sun Prairie, for the faithful performance of the contract, in an amount equal to ten percent of the amount of the contract. The bidder’s security shall be in the amount fixed in the Instruction to Bidders and shall be in the form of a cashier’s check, a certified check, or a bank money order drawn on a FDIC insured bank in Wisconsin or on a FDIC insured bank chartered under the laws of the United States; or a certified share draft drawn on a credit union in Wisconsin or chartered under the laws of the United States; or a bid bond on the form provided in the contract documents with corporate surety satisfactory to the City. The bid shall contain no conditions except as provided in the specifications.

B. Each bidder shall affirm that no official or employee of the City of Sun Prairie is directly or indirectly interested in this bid for any reason of personal gain.

C. All bids will be governed by applicable provisions in the WI Code and City Policies.

D. The bidding and letting of Work described herein is subject to applicable provisions of the State of Wisconsin Statues.

1.5 CONDSIDERATION OF BIDS

A. Bids will be considered at a meeting of the Library Board on Thursday, December 12, 2024. At this meeting, the Board may take action to award the contract, or it may table said award to a later date.

B. It is the intent of the Owner to award a contract to the lowest responsive, responsible bidder provided the bid has been submitted in accordance with the bidding requirements.

The Owner reserves the right to waive informalities or irregularities as allowed by law.

The Owner reserves the right to reject any or all bids.

1.6 DOCUMENTS

A. Online Procurement and Contracting Documents: Obtain after November 1, 2024, on

VendorNet or DemandStar. This is Project 24-LIB22.

1.7 NOTIFICATION

A. This Notice to Bidders document is issued by:

1. Owner:

a. City of Sun Prairie 300 E. Main Street Sun Prairie, WI 53590 Phone: 608-837-2511

2. Architect of Record:

a. FEH DESIGN

1135 South 70th Street, Suite 301 Milwaukee, WI 53214 Phone: 414-200-9660

END OF SECTION

Project Number 2023402

Instructions to Bidders 00 21 13 - 1 of 4 Sun Prairie Public Library – Shelving Sun Prairie, Wisconsin

Library Shelving Instructions to Bidders

1. Purpose: The purpose of this request is to provide the Sun Prairie Public Library with a contract for miscellaneous shelving items as specified herein.

2. Contract Period: The Contract period shall be from the date of award through April 6, 2026. Unit prices awarded shall remain firm for the entire Contract period.

3. Bid Submittal:

Bids shall be enclosed in a sealed opaque envelope with envelope clearly marked and addressed as follows:

Bid for: Sun Prairie Public Library Library Shelving VendorNet # 24-LIB22 DemandStar # 24-LIB22

Address to: Finance Department Sun Prairie City Hall 300 E. Main Street Sun Prairie, WI

The bidding firm’s name shall appear in the upper left-hand corner of envelope.

Sealed bids for the work will be accepted until 11:00 AM CST on Wednesday, November 20, 2024 at the current Sun Prairie City Hall. All bids received after 11:00 AM CST on November 20, 2024 will be returned unopened to the Bidder. Bids will be opened shortly after 11:00 AM at City Hall.

The Owner is a tax-exempt entity. Sales and use tax should not be included in the bid.

This project is tax exempt, and the City of Sun Prairie will provide the necessary tax exempt materials. The Owner reserves the right to reject any or all bids and to waive technicalities therein.

The winning bids shall be subject to owner’s approval.

4. Bid Form:

All bids must be submitted on the Bid Forms provided herein. All blank spaces for bid prices shall be filled in, in ink or typed. Bids submitted shall remain in force for a period of sixty (60) days from date receipt of the Bids.

Bids shall not contain any qualifications or recapitulations of the work.

Oral or telephonic bids, or modifications will not be permitted. Bids must be signed in ink. Any erasures or corrections on form must be initialed by signee. Prices must be expressed in words and figures with the written price, in case of a discrepancy, constituting the proposal price. Any discrepancies between the bid unit price and extension shall be resolved in favor of the unit price.

Instructions to Bidders 00 21 13 - 2 of 4 Sun Prairie Public Library – Shelving Sun Prairie, Wisconsin

Each Bidder shall indicate receipt of any Addendum issued.

Each Bidder shall state its Federal Tax Identification Number on the appropriate line provided in bid form.

The Bidder shall include in Bid the cost of all labor and materials excluding state sales taxes required to complete the Contract in a first-class manner as herein specified. All prices quoted are to be delivered and installed.

The Forms to be included in the Bid Submittal shall include the following:

o City of Sun Prairie Bid Form o Bid Form and Contract Section 00 41 00 (22 pages) o Sworn Statement of Bidder o Instructions for Executing the Contract

5. Bid Documents:

Bid Documents consist of the following:

o Advertisement for Bids o Instructions to Bidders o City of Sun Prairie Request for Bids

▪ City of Sun Prairie Bid Form

▪ Sworn Statement of Bidder

▪ Instructions for Executing the Contract o City of Sun Prairie Sales Agreement o Bid Form for FF&E o Furniture Specifications o Ancillary Furniture Coded Plan o Drawings (Sheet A10.1, A10.13-A10.15) o Addenda (if any)

Electronic Bid Documents are available on VendorNet at VendorNet.wi.gov and DemandStar at https://network.demandstar.com/. Look for Project Number 24-LIB22.

Questions relating to Bid Documents should be addressed to:

Sarah J. Jansen, IIDA

FEH DESIGN

1135 South 70th Street, Suite 301 Milwaukee, WI 53214 Phone: 414-200-9660 sarahjj@fehdesign.com mailto:sarahjj@fehdesign.com

Instructions to Bidders 00 21 13 - 3 of 4 Sun Prairie Public Library – Shelving Sun Prairie, Wisconsin

6. Alternates: Materials, products, and equipment described in the Bid Documents establish a standard of required quality, function, and appearance to be met by any proposed alternate.

Requests for alternates should be submitted to FEH DESIGN no later than ten (10) calendar days prior to the bid date. Alternate requests received after that date will not be considered.

Alternate requests will be reviewed and answered by addendum no later than eight (8) calendar days prior to the bid date. Acceptance of alternates is the decision of the Owner and Architect.

Complete product literature must be submitted to the Architect for any alternates proposed.

7. Addendum: Changes, revisions or additions to the Bid Documents will be issued by addendum and sent to vendors on the Bidder’s list. Items included in addendums should be addressed and included in the bid submitted by bidders. Addendum items will become a part of the Contract.

No oral, telephonic or telegraphic bids or modifications of the bids will be entertained.

8. Interpretation of Bid Documents: No interpretation of meaning will be made except by Addendum issued by Architect. Bidder shall promptly notify the Architect of any ambiguity, inconsistency, error or omission, which they may discover upon examination of the bid documents. Or should Bidder be in doubt as to their meaning, Bidder shall immediately notify the Architect in writing. All addenda so issued shall become part of the Bid and Contract Documents.

9. Withdrawal of Bids: A bid cannot be withdrawn after it is filed, unless the Bidder makes his request in writing to the Owner prior to the time set for opening of bids, or unless the Owner fails to accept Bidder’s bid within sixty (60) days after the date of opening the bids.

10. Method of Award: The Owner will not award the Contract based solely on price. In awarding a Contract, the Owner may take into consideration skill, facilities, capacity, responsibility, previous work, bidder’s financial standing, amount of work being carried by Bidder, quality and efficiency of equipment proposed to be furnished, and necessity or prompt and efficient completion of work herein described. Inability of any Bidder to meet requirements mentioned above may be cause for rejection of their bid. The Owner reserves the right to reject any or all bids, in whole or part, without compensation or obligation to the Bidders and to waive any or all informalities, information or defect in any bids.

11. Bid Results: Results of bid opening will be available seven (7) calendar days after bid date. All formal and informal notifications of bid awards will be done by the interior designer.

12. Proposal as Contract: If awarded this request, the Bidder’s signature on the proposal shall be deemed the same as his/her signature on the Contract and when countersigned by the Library Director shall become a binding Contract to furnish the proposed and awarded item(s).

13. Invoices, and Payments: Purchase orders will be issued at time of award and/or throughout the Contract period for actual quantities ordered.

Invoices shall be submitted to:

Sun Prairie Public Library Attention: Svetha Hetzler 1350 Linnerud Drive Sun Prairie, WI 53590 Phone: 608-825-0900 ; Email: shetzler@cityofsunprairie.com

Instructions to Bidders 00 21 13 - 4 of 4 Sun Prairie Public Library – Shelving Sun Prairie, Wisconsin

Payments shall be processed upon receipt of correct invoice after receipt and acceptance of each delivery.

14. Delivery Schedule: All shelving and end panels to be delivered to and installed in the new and renovated Library Building between the following dates

Phase 2: June 4, 2025 and the following four (4) weeks

Phase 3: November 5, 2025 and the following four (4) weeks

Phase 4: December 31, 2025 and the following four (4) weeks

Phase 5: March 6, 2026 and the following four (4) weeks

Final Completion: April 6, 2026

15. Product Delivery, Storage and Handling: Vendor is responsible for receipt, storage and protection of all materials, products and equipment. Deliver, store and handle products according to manufacturer’s written recommendations to prevent damage, loss and theft.

Schedule delivery to minimize long-term storage at site or storage facility. Costs incurred for storage of products will be the vendor’s responsibility. Inspect products upon delivery to ensure that products are undamaged and protected.

16. Installation and Coordination: Comply with manufacturer’s written instructions and recommendations for installation. Coordination of electrical connections to shelving, if any, is the responsibility of the vendor. Coordination of contractors shall be carried out smoothly and timely to not delay the work. Vendor is responsible for removal of all packaging and debris associated with the shelving and installation. Coordination with on site contractor for use of dumpsters may be acceptable and is the responsibility of the vendor. Any costs incurred for haul away of shelving and end panel packaging and debris is the responsibility of the vendor.

17. Final Cleaning: Upon completion of shelving installation, conduct a final cleaning of all furnishings; comply with manufacturer’s written instructions/recommendations. Remove all temporary protection on shelving units and end panels. Extra materials of value shall become the owner’s property and shall be stored as directed by the owner.

18. Operational and Maintenance Data: Provide all maintenance manuals for furnishings to the Owner, if any. Prior to final inspection, instruct the Owner or designated personnel in operation, adjustment, and maintenance of furnishings and equipment. Provide instruction at mutually agreed upon times.

19. Warranties: Upon installation of all furnishings, vendor to provide to the Owner manufacturer(s) standard and special warranties on all shelving and components included in proposal.

CITY OF SUN PRAIRIE

REQUEST FOR BIDS

Sun Prairie Public Library Shelving

RFB# 24-LIB22

Date Issued: Friday, November 1, 2024

SUBMIT RFB TO

City of Sun Prairie

Finance Department

300 E Main St

Sun Prairie, WI 53590

SUBMISSION DEADLINE

Wednesday, November 20, 2024, 11:00 AM

Table of Contents

OFFICIAL NOTICE

CITY OF SUN PRAIRIE, WISCONSIN

1. DEFINED TERMS

2. COPIES OF BIDDING DOCUMENTS

3. QUALIFICATIONS OF BIDDERS

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

5. INTERPRETATIONS AND ADDENDA

7. CONTRACT TIME

8. SALES AND EXCISE TAX

9. BID FORM

10. SUBMISSION OF BIDS

11. MODIFICATION OR WITHDRAWAL OF BIDS

12. OPENING OF BIDS

13. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

14. PUBLIC RECORD LAW COMPLIANCE

15. AWARD OF CONTRACT

16. CANCELLATION

17. SIGNING OF AGREEMENT

18. TERMINATION OF CONTRACT

19. PAYMENT TERMS AND INVOICING

INDEMNIFICATION

INSURANCE REQUIREMENTS

BID FORM

PROPOSAL

SWORN STATEMENT OF BIDDER

INSTRUCTIONS FOR EXECUTING THE CONTRACT

OFFICIAL NOTICE

CITY OF SUN PRAIRIE, WISCONSIN

RFB – 24-LIB22

The City of Sun Prairie Public Library will receive written bids for library shelving until 11:00 a.m. local time, 11/20/2024 at the Finance Office, 300 East Main Street, Sun Prairie, Wisconsin, 53590, Conference Room 215, at which time the bids will be publicly opened and read aloud.

Bids are invited on the following work:

Refer to bid documents for scope of work.

Bid documents are published on bid distribution networks DemandStar and VendorNet.

The City of Sun Prairie reserves the right to reject any or all bids or to waive any informalities in the bidding process.

Bids may be held by the City of Sun Prairie for a period not to exceed sixty (60) days from the bid opening for the purpose of reviewing the bids and investigating the qualifications of the bidders, prior to awarding of the Contract.

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (based on Owner's evaluation as thereinafter provided) makes an award. The term "Bidding Documents" includes the Official Notice, Instructions to Bidders, the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

2. COPIES OF BIDDING DOCUMENTS

1.1 Complete sets of Bidding Documents must be used in preparing Bids; neither the City nor the Sun Prairie Public Library assumes any responsibility for errors in misinterpretations resulting from the use of incomplete sets of Bidding Documents.

1.2 The City and Sun Prairie Public Library (SPPL) in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of the City's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualifications to do business in Wisconsin or covenant to obtain such qualifications prior to award of the contract.

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid to:

a. Examine the Contract Documents thoroughly,

b. Notify the Sun Prairie Public Library of all conflicts, errors or discrepancies in the Contract Documents.

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Contract Documents are to be directed to the following representative:

Sarah Jansen, WRID, LEED ID+C FEH Design 1135 S 70th St, Ste 301, Milwaukee, WI 53214

(414) 231-4724 sarahjj@fehdesign.com

5.2 Interpretations or clarifications considered necessary by the Sun Prairie Public Library in response to such questions will be issued by Addenda mailed to all parties recorded by the Sun Prairie Public Library as having received the Bidding Documents.

5.3 All requests for questions or interpretation must be received by 5:00 PM CST on Friday, November 8th, 2024. An Addenda will be posted on the bid distribution networks DemandStar and VendorNet no later than 5:00 PM CST on Tuesday, November 12, 2024. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligations under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

5.4 Oral and other interpretations or clarifications will be without legal effect.

5.5 An Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or the Sun Prairie Public Library.

6. CONTACT INFORMATION

The Sun Prairie Public Library is the procuring agency:

Svetha Hetzler, Library Director Sun Prairie Public Library 1350 Linnerud Drive Sun Prairie, WI. 53590 Phone: 608-825-0900 shetzler@cityofsunprairie.com

7. CONTRACT TIME

The numbers of days within which, or the dates by which, the work is to be substantially completed and ready for final payment (the Contract Time) are set forth in the Instructions to Bidders.

8. SALES AND EXCISE TAX

The City of Sun Prairie and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise tax. Each Bid shall include all taxes in effect at the time the Bid is submitted. Bidders who are uncertain as to what items are subject to tax, or who require further explanation or clarification, are requested to contact the Wisconsin Department of Taxation, State Office Building, Madison, Wisconsin. If the tax laws are subsequently amended by legislation during the life of this Contract, the Contract will be adjusted to reflect the net change caused by such amendment.

9. BID FORM

9.1 The Bid Form is included with the bidding documents indicated in the Instructions to Bidders. The Bid must not be separated from the attached volume.

9.2 All blanks on the Bid Form must be completed in ink. The TOTAL price on the form must be stated in words and numerals. In case of a conflict, words will take precedence.

9.3 Bids by corporations must be executed in the corporate name by the President or Vice President (or other corporate office accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the Secretary or an Assistant Secretary. The corporate address and state of incorporation must be shown below the signature.

9.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and official address for the partnership must be shown below the signature.

mailto:USERNAME@cityofsunprairie.com

9.5 All names must be printed below the signature.

9.6 The bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

9.7 The address and telephone number of communications regarding the Bid must be shown.

10. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Request for Bid document and shall be enclosed in an opaque sealed envelope, marked with the project title (and, if applicable, the designated portion of the project for which the Bid is submitted) and name and address of the Bidder and accompanied by required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

Bids received after the closing time will not be considered.

11. MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

12. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsible) read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids. Upon opening of bids, the City of Sun Prairie shall become the owner of all submitted bids and bids are subject to open records requests.

13. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for sixty days after the day of the Bid opening.

14. PUBLIC RECORD LAW COMPLIANCE

It is the intention of City to maintain an open and public process in the solicitation, submission, review, and approval of contacts.

a. The parties acknowledge that City is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 and 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this agreement are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws. To comply with any request under said Public Record Law, the provider/contractor herein shall produce copies of all materials, gathered or produced or modified pursuant to this Contract to City, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin case law, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold City, its agents, officials and employees harmless and to indemnify them and City for all costs, fees, including all reasonable attorney fees and expenses of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which City or its agents, officials or employees may expend or be held liable due to the Provider/contractor’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this Agreement.

b. Any Public Records Law request received directly by a contractor related to this Contract with City shall immediately be reported to the City Administrator.

15. AWARD OF CONTRACT

15.1 The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. Also, the City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the project to make an award to the Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City.

15.2 Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

15.3 Bids which are incomplete, unbalanced, conditional or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind, or which do not comply with the Instructions to Bidders may be rejected at the option of the City.

15.4 In evaluating Bids, the City will consider the qualifications of the bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

15.5 The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the work contemplated therein.

15.6 The City shall be satisfied that the Bidder involved:

1. maintains a permanent place of business;

2. has adequate plant equipment to do the work properly and expeditiously;

3. has a suitable financial status to meet obligations incident to the work;

4. has appropriate technical experience; and

5. can submit a satisfactory performance record.

15.7 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by the City indicates to the City that the award will be in the best interest to the project.

15.8 If the contract is to be awarded, the City will give the successful Bidder a Notice of Award within sixty

(60) days after the day of the Bid opening.

16. CANCELLATION

The City of Sun Prairie reserves the right to cancel any contract in whole or part without penalty due to no appropriation of funds or for failure of the Contractor to comply with the terms, conditions, and specifications of this contract.

17. SIGNING OF AGREEMENT

When the City gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached.

Within 15 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the City. Within 10 days thereafter the City shall deliver one fully signed counterpart to Contractor. In case the successful Bidder fails to sign the Agreement within the above prescribed time, the City may at its' option consider that the Bidder has abandoned the contract, in which case the Bid security accompanying the Bid shall become the property of the City.

18. TERMINATION OF CONTRACT

The City of Sun Prairie may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the Contractor. Upon termination, the agency’s liability will be limited to the pro rata cost of the services performed as of the date of the termination plus expenses incurred with the prior written approval of the agency. In the event that the Contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 30 days of said termination, all payments made hereunder by the agency to the Contractor for work not completed or not accepted by the agency. Such termination will require written notice to that effect to be delivered by the Contractor to the agency not less than 30 days prior to said termination.

19. PAYMENT TERMS AND INVOICING

The City of Sun Prairie normally will pay properly submitted vendor invoices within 30 days of receipt providing goods and/or services have been delivered, installed, and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including references to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

Insurance coverage shall be in place prior to commencing work and shall remain in force until the entire project is completed or the length of time that is specified in the contract.

INDEMNIFICATION – Non-Construction

To the fullest extent allowable by law, Contractor hereby indemnifies and shall defend and hold harmless City of Sun Prairie, its elected and appointed officials, officers, employees, or authorized representatives or volunteers and each of them from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs, and expenses of whatsoever kind or nature whether arising before, during, or after completion of the work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Agreement regardless if liability without fault is sought to be imposed on City of Sun Prairie. Contractor’s aforesaid indemnity and hold harmless agreement shall not be applicable to any liability caused by the sole fault, sole negligence, or willful misconduct of the City of Sun Prairie, or City of Sun Prairie’s representatives. This indemnity provision shall survive the termination or expiration of this Agreement.

In any and all claims against the City of Sun Prairie, or any of its directors, officers, employees, or authorized representatives or volunteers by an employee of the Contractor, any subcontractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph 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 Worker’s Compensation Acts, Disability Benefit Acts, or other employee benefit acts.

No provision of this Indemnification clause shall give rise to any duties not otherwise provided for by this Agreement or by operation of law. No provision of this Indemnity clause shall be construed to negate, abridge, or otherwise reduce and other right or obligation of indemnity that would otherwise exist as to the City of Sun Prairie under this or any other contract. This clause is to be read in conjunction with all other indemnity provisions contained in this Agreement. Any conflict or ambiguity arising between any indemnity provisions in this Agreement shall be construed in favor of indemnified parties except when such interpretation would violate the laws of the state in which the job site is located.

Contractor shall reimburse City of Sun Prairie, or any of its directors, officers, employees, or authorized representatives or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City of Sun Prairie, or any of its directors, officers, employees, or authorized representatives or volunteers.

INSURANCE REQUIREMENTS – Non-Construction

Unless otherwise specified in this Agreement, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the Work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies set forth below.

Worker’s Compensation and Employers Liability Insurance – The Contractor shall cover or insure under the applicable Wisconsin labor laws relating to worker’s compensation insurance, all of their employees in accordance with the law in the State of Wisconsin. The Contractor/Consultant shall provide statutory covers for work related injuries and employer’s liability insurance with limits of $1,000,00 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee.

Commercial General Liability and Automobile Liability Insurance – The Contractor/Consultant shall provide and maintain the following commercial general liability and automobile liability insurance:

Coverage – Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following:

1. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 0001)

2. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any vehicle).

Limits – The Contractor/Consultant shall maintain limits no less than the following:

1. General Liability – One million dollars ($1,000,000) per occurrence ($2,000,000 general aggregate if applicable) for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503, or ISO CG 2504 endorsement provided to the City of Sun Prairie) or the general aggregate including product-completed operations aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability – One million dollars ($1,000,000) for bodily injury and property damage per occurrence limit covering all vehicles to be used in relationship to the Agreement.

3. Umbrella Liability – Five million dollars ($5,000,000) for bodily injury, personal injury and property damage per occurrence in excess of coverage carried for Employers’ Liability, Commercial General Liability and Automobile Liability as described above.

Required Provisions – The general liability and automotive liability policies are to contain or be endorsed to contain the following provisions:

1. The City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers are to be given additional insured status (via ISO endorsement CG 2010, CG 2033 for general liability coverage) as respects: liability arising out of activities performed by or on behalf of the Contractor(s); products and completed operations of the Contractor(s); premises occupied or used by the Contractor(s); and vehicles owned, leased, hired or borrowed by the Contractor(s).

2. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers.

3. For any claims related to this project, the Contractor’s insurance shall be primary insurance as respects the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers. Any insurance, self-insurance, or other coverage maintained by the City of Sun Prairie, its directors, officers, employees, or authorized representatives or volunteers shall not contribute to it.

4. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers.

5. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Each insurance policy required by this agreement shall state, or be endorsed to state, that coverage shall not be canceled by the insurance carrier or the Contractor, except after sixty ((60) days) (10 days for non-payment of premium) prior written notice by U.S. mail has been given to the City of Sun Prairie.

7. Such liability insurance shall indemnify the City of Sun Prairie, its elected and appointed officials, officers, employees or authorized representatives or volunteers against loss from liability imposed by law upon, or assumed under contract by, the Contractor for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability.

8. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment, blanket contractual liability, completed operations liability with a minimum of a 24 month policy extension, explosion, collapse, underground excavation, and removal of lateral support, and shall not contain an exclusion for what is commonly referred to by the insurers as the “XCU” hazards. The automobile liability policy shall cover all owned, non-owned, and hired vehicles. All of the insurance shall be provided on policy forms and through companies satisfactory to the City of Sun Prairie, and shall have a minimum A.M.

Best’s rating of A- VII.

Deductibles and Self-Insured Retentions – Any deductible or self-insured retention must be declared to and approved by the City of Sun Prairie. At the option of the City of Sun Prairie, its elected and appointed officials, officers, employees, or authorized representatives or volunteers, the insurer shall either reduce or eliminate such deductibles or self-insured retentions.

Evidences of Insurance – Prior to execution of the agreement, the Contractor shall file with the City of Sun Prairie, a certificate of insurance (Acord Form 25-S) signed by the insurer’s representative as well as endorsements evidencing the coverage required by this agreement. CG 20 10 11 85 covers all bases OR Form CG 20 10 07 04 for ongoing work exposure and Form CG 20 37 07 04 for products-completed operations exposure. Contractor will also provide form CG 28 04 10 93, Earlier Notice of Cancellation with 30 days’ notice.

Such evidence shall include an additional insured endorsement signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or has been modified to include all required provisions 1-8.

Responsibility for Work – Until the completion and final acceptance by the City of Sun Prairie of all the work under and implied by this agreement, the work shall be under the Contractor’s responsibility care and control. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by causes of any nature whatsoever.

Sub-Contractors – In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above.

BID FORM

CITY OF SUN PRAIRIE, WISCONSIN

RFB – 24-LIB22

Bids will no longer be received after 11 a.m., CST, 11/20/2024

BID OPENING: 11 a.m., CST, 11/20/2024 City Hall 300 E. Main St. Second Floor Conference Room 215

PROPOSAL TO THE CITY OF SUN PRAIRIE, WISCONSIN

In conformity with the Official Notice listed herein, the undersigned Bidder, having examined the site of the work and the Contract Documents, and being familiar with the conditions to be met, hereby submits the following proposal for furnishing the material, equipment, labor and everything necessary for the completion of the work listed thereunder, and agrees to execute the proposed contract for the completion of said work, at the locations and for the prices set forth on the inside pages of this form.

PROPOSAL

SECTION 1: PROPOSED PRICES FOR SPECIFIED WORK

The following pages list the estimated quantities for the specified work. Complete both the written and numerical spaces for each item listed.

SECTION 2: TIME OF COMPLETION

We the undersigned, if awarded the contract, agree that the equipment in the Contract Documents shall be delivered by the dates as indicated in the Instructions to Bidders with final project completion by April 6, 2026. If this date or the incremental dates as listed in the Instructions to Bidders are not met, the successful bidder shall pay liquidated damages of $500 per day each day of delay after each milestone date identified in the Instructions to Bidders.

SECTION 3: ADDENDUM RECEIPT

We acknowledge the receipt of the following Addenda:

NUMBER AND DATE OF ADDENDUM

SECTION 4: PAYMENT TERMS

Will the Contractor accept credit card for payment without any additional fees? _____Yes _____No

Will the Contractor accept Electronic Funds Transfer (EFT) for payment? ______Yes ______No

Completed W-9 attached? ______Yes ______No

SWORN STATEMENT OF BIDDER

AS REQUIRED BY

WISCONSIN STATUTE 66.29 (7)

I, being duly sworn at ___________________________________________________________________________ (City, State) on oath state on behalf of said bidder, that I have examined and carefully prepared this bid from the plans, specifications, and other contract documents and have checked the same in detail before submitting this bid; and this sworn statement is hereby made a part of the foregoing bid.

Signature _________________________________________________________

Title _____________________________________________________________

This bid submitted by _______________________________________________________________________ (Name of Company)

Bidder, of

(Address) (City) (State)

Telephone Number ( ) _____-_________ a __________________________________________, (Corporation, Partnership, Etc.)

to the City of Sun Prairie, Wisconsin, submitted this ________________ day of _______________________, 2023.

(Print Name of Bidder)

By _______________________________________________ (Signature)

Title ______________________________________________

Questions regarding this bid should be submitted to:

Name of Office Completing bid form: ______________________________________________________________

Phone Number, if different than above ( ) ____-________

Subscribed and sworn to me this

__________ day of ___________________, 2023.

Notary Public _________________________________

My Commission Expires: ________________________

INSTRUCTIONS FOR EXECUTING THE CONTRACT

If the contract is signed by the Secretary of the corporation, the certificate below should be executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing certificate, there may be attached to the contract copies of so much of the records of the corporation as will show the official character and authority of the officers signing, duly certified by the Secretary of Assistant Secretary under the corporate seal to be true copies.

The full name and business address of the Contractor should be inserted and the contract should be signed with his official signature. Please have the name of the signing party printed under all signatures to the contract.

If the Contractor should be a partnership, each partner should sign the contract. If the Contract is not signed by each partner, there should be attached to the contract a duly authenticated power of attorney evidencing the signer's authority to sign such contract for and in behalf of the partnership.

If the Contractor be an individual, the trade name (if the Contractor by operating under a trade name) should be indicated in the contract and the contract should be signed by such an individual. If signed by other than the Contractor there should be attached to the contract a duly authenticated Power of Attorney evidencing the signer's authority to execute such a contract for and in behalf of the Contractor.

If the Contractor is a corporation, the following certificate should be executed:

I, ____________________________________, certify that I am the __________________________________

Secretary of the corporation named as Contractor herein above; that who signed foregoing contract on behalf of said corporation was then of said corporation; that said Contract was duly signed for and in behalf of said corporation by authority of its governing body, and is written within the scope of its corporate powers.

(CORPORATE SEAL AND SIGNATURE)

(PRINT NAME)

CITY OF SUN PRAIRIE

SALES AGREEMENT

Contract #: 24-LIB22

Title: Library Shelving

Department: Sun Prairie Public Library

SALES AGREEMENT

This Sales Agreement (the “Agreement”) is entered into Wednesday, November 30, 2022 (the “Effective Date”), by and between the City of Sun Prairie, located in Dane County, Wisconsin (the “Buyer”) and Click or tap here to enter text., of Click or tap here to enter text., Click or tap here to enter text. (the “Seller”), collectively “the Parties.”

BACKGROUND:

Seller is the manufacturer/distributor of the following product(s):

As indicated in Bid Documents noted in the Instructions to Bidders and

Buyer wishes to purchase the afore-mentioned product(s).

THEREFORE, the Parties agree as follows:

1. Sale of Goods. Seller agrees to sell, and Buyer agrees to purchase the following items in the following quantities and at the prices (the “Goods”).

The product and pricing as indicated on the Bid Form, submitted in response to the full Bid Documents indicated in the Instructions to Bidders and as indicated in the Request for Bid document.

2. Delivery. Seller shall deliver the Goods to Buyer on or before the dates as indicated in the Instructions to Bidders to the following address: 1350 Linnerud Drive, Sun Prairie, WI 53590.

The Goods shall be deemed delivered when Buyer has accepted delivery and installation at the above-referenced location.

3. Purchase Price & Payments. Seller will provide an invoice to Buyer at the time of delivery.

Payment for the Goods is due within thirty (30) days of the date of Seller’s invoice, which date will not be before the date of Seller’s delivery of the Goods, unless agreed upon otherwise.

4. Inspection of Goods & Rejection. Buyer is entitled to inspect the Goods upon delivery. If the Goods are unacceptable for any reason, Buyer must reject them at the time of delivery up to ten (10) business days from the date of delivery and installation. If Buyer has not rejected the Goods within ten (10) business days from the date of delivery and installation, Buyer shall have waived any right to reject that specific delivery of Goods.

In the event Buyer rejects the Goods, Buyer shall allow Seller a reasonable time to cure the deficiency. A reasonable time period shall be determined by industry standards for the particular Goods, as well as the Seller and Buyer.

5. Risk of Loss. Risk of loss will be on the Seller until the time when the Buyer accepts delivery. Seller shall maintain any and all necessary insurance in order to insure the Goods against loss at Seller’s own expense.

6. Title. Title to the Goods will remain with the Seller until Buyer accepts delivery.

7. Excuse for Delay or Failure to Perform. Seller will not be liable to Buyer for any delay, non-delivery or default of this Agreement due to labor disputes, transportation shortage, delay or shortage of materials to produce the Goods, fires, accidents, Acts of God, or any other causes outside of Seller’s control. Seller shall notify Buyer immediately upon realization that it will not be able to deliver the Goods as promised. Either Party may terminate this Agreement upon such notice.

8. Termination. Buyer reserves the right to cancel any portion of this agreement affected by a default of Seller or any insolvency or suspension of Seller’s operations or any petition filed or proceeding commenced by or against Seller under any state or federal law relating to bankruptcy, arrangement, reorganization, receivership or assignment for the benefit of creditors.

9. Warranties. Upon installation of all furnishings, vendor to provide to the Owner manufacturer(s) standard and special warranties on all shelving included in proposal.

10. Limitation of Liability. under no circumstances shall either party be liable to the other party…