23RFP4003 Wood Floor Refinishing Continuing Service.pdf

LARAMIE COUNTY SCHOOL DISTRICT NUMBER ONE

Business Services Department - Purchasing

2810 HOUSE AVENUE CHEYENNE, WY 82001

REQUEST FOR PROPOSAL

NO. 24RFP4003

FOR

WOOD FLOOR REFINISHING SERVICES

Issued By:

Purchasing Department Amber Phillips Senior Buyer

Phone: (307) 771-2116

FAX: (307) 771-2154

E: amber.phillips@laramie1.org

This RFP has been developed specifically for Wood Floor Refinishing Services.

Therefore, all proposers are urged to review this package in detail before submitting their bid.

Sealed written Replies to this RFP must be received by Purchasing no later than the date, time and location indicated above for the Bid Opening. Submittal by fax is not acceptable.

mailto:jodi.rudell@laramie1.org

24RFP4003

Wood Floor Refinishing Services: page, 2 Due: June 13, 2023; 11:00 a.m.

To enhance your odds for positive delivery and proper handling of your reply, we ask that you duplicate the following label and affix it to the outside of your submittal envelope.

It is YOUR complete responsibility to meet the submittal requirements. We recommend you verify the label data with the title page; the latter prevails.

PROPOSAL DATA

Issue Date: May 5, 2023 Close Date: June 13, 2023; 11:00 a.m.

Location: 2810 House Avenue, Room 118

Cheyenne, Wyoming 82001

PROPOSAL CONTENTS

Introduction pages 3-5 Proposal Instructions pages 6-9 Legal Requirements pages 10-17 Special Provisions-General pages 18-21 Special Provisions-Contractor pages 22-26 Construction Requirements pages 27-31 Written Proposal Content pages 32-35 Payment Terms page 36 Pricing Schedule pages 37-38 Proposal Forms pages 39-41

Attachment A Temporary Facilities and Controls

Attachment B Construction Waste Management and Disposal

Attachment C Project Closeout Procedures

Attachment D No Lead Affidavit

Attachment E No Asbestos Affidavit

Attachment F Property List and Map

LCSD#1 Purchasing Department 2810 House Avenue, Room 118

Cheyenne, WY 82001 Proposal Number 24RFP4003 Due: June 13, 2023; 11:00 a.m.

Wood Floor Refinishing Services: page, 3

INTRODUCTION

DEFINITIONS

LCSD#1/The District/The Owner - These terms refer to Laramie County School District Number One, a duly organized public entity

You/Your/Supplier/Offeror/Proposer/Contractor - These terms refer to all recipients of this Invitation.

Proposal - Refers to the entire process and includes the Invitation, special provisions, specifications and/or requirements.

Response - Shall be understood to mean a written offer to provide services in accordance with these general conditions, instructions and specifications stated herein with exceptions clearly stated

Invitation - Includes this document and any related attachments and/or amendment(s)/addendum/addenda.

Responsive Proposal - A proposal that fully conforms in all material respects to the Request for Proposal

Responsible Proposer - A business entity or individual who has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract.

INVITATION CLARIFICATION

Questions regarding this Invitation should be directed in writing, by fax (307) 771-2154 or by E-mail amber.phillips@laramie1.org , as soon as possible after you receive the Invitation. If applicable, answers citing the question(s) asked but not identifying the questioner will be distributed simultaneously to all known prospective proposers.

Note: Written requirements in the Invitation or its amendments are binding, but any oral communications between you and us are not.

PROPOSER RESPONSIBILITY

We expect you to be thoroughly familiar with all specifications and requirements of this Invitation. Your failure or omission to examine any relevant form, article, site or document will not relieve you from any obligation regarding this Invitation. If at any time we discover deviations in your reply that are not identified, you will be subject to disqualification from consideration or cancellation of contract.

STATEMENT OF FAIR COMPETITION

It is the District’s intent that this Request for Proposal permits competition. It shall be the proposer’s responsibility to advise the District in writing if any language, requirements, specifications, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this Request for Proposal to a single or proprietary source. The District must receive such notification no later than May 17, 2023;

11:00 a.m. (MT). Fax transmissions will be accepted, but original must follow via mail immediately.

QUESTIONS

Prospective Suppliers may make inquiries concerning this RFP to obtain clarification of requirements and are strongly encouraged to do so. Questions must be submitted in writing, by facsimile or E-mail, to Amber Phillips, Senior Buyer at 307-771-2154 or amber.phillips@laramie1.org Questions may be submitted only until May 25, 2023; 11:00 a.m. (MT). No questions will be accepted after that time.

Wood Floor Refinishing Services: page, 4 Due: June 13, 2023; 11:00 a.m.

SUPPLIER APPLICATION

Your company must have a Supplier’s Application on file with us. If you are a new company or need to update your existing application, you may download it from www.laramie1.org. Proposals received without the application may not be considered.

ADVICE OF AWARD

If you wish to be advised of the outcome of this proposal, you may download the tabulation from www.bidnetdirect.com/colorado . You must be a registered Supplier to access the information.

Registration options are available for a free or paid service. Tabulations will no longer be mailed by the District; interested parties should be capable of retrieving them electronically from the address above.

RFP AMBIGUITY

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the Request for Proposal, it shall immediately notify LCSD#1 of such error in writing and request modification or clarification of the document. LCSD#1 will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from LCSD#1. The proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the Request for Proposal prior to submitting the proposal or it shall be waived.

COLLUSION

The proposer certifies that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same product and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The proposer understands collusive bidding is a violation of Federal Law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages.

ACCEPTANCE OF PROPOSAL CONTENT

The contents of the proposal of the successful proposer will become contractual obligations of the proposer if the District takes acquisition action in reliance thereon. In addition, any terms of this RFP, not otherwise contained in the proposal, will also become contractual obligations of the proposer unless otherwise agreed to in writing by the District.

Failure of the successful proposer to accept these obligations in a purchase agreement, purchase order, delivery order, or similar acquisition contract may result in cancellation of the award and such proposer may be removed from future solicitations. The District may, at its options, enter into negotiations with the successful proposer, but neither party shall have any contractual obligations to unless or until a written contract is signed by both parties and the District takes acquisition action in reliance upon the proposer’s response. Under these conditions, the District reserves the right to enter into negotiations with the next ranking proposer on the same terms and conditions as set forth herein.

For this award to go into effect on the date specified by the contract period, it is imperative that the successful proposer and the District will work in good faith to conclude contract negotiations no later than June 30, 2023.

http://www.laramie1.org/ http://www.bidnetdirect.com/colorado

Wood Floor Refinishing Services: page, 5

ADDITIONS TO THE CONTRACT

During the term of the contract, items that may not have been included on the initial proposal may be included by mutual agreement of the successful proposer and the District. The District shall notify the successful proposer, in writing, of its intent to include new items under this contract. The successful proposer must supply, in writing, its prices on the items plus any discounts it intends to include in the purchase price.

NON-EXCLUSIVE CONTRACT

You and we both understand this is not an exclusive contract and we retain the right to negotiate with and enter into contracts with others providing the same or similar goods and/or services as those you provide.

You must disclose to the District any other contract under which you are providing goods and/or services to the District.

Wood Floor Refinishing Services: page, 6 Due: June 13, 2023; 11:00 a.m.

PROPOSAL INSTRUCTIONS

GENERAL INSTRUCTIONS

Proposals received after the time and date specified, whether delivered or mailed, will not be considered and will be returned unopened. This solicitation will not have a public opening.

No proposals will be considered which are not submitted on the attached proposal form signed by a proper official of the company and submitted in a sealed envelope, box, etc. and marked Proposal Number 24RFP4003, Wood Floor Refinishing Services, Due: June 13, 2023; 11:00 a.m.

The proposal must be signed by a person, or persons authorized to legally bind the provider.

Failure to respond (submission of proposal or notice in writing that you do not wish to provide a proposal on that particular transaction but would like to remain on the applicable active proposer’s list) to this Request for Proposal will be understood by the District to indicate a lack of interest and may result in the removal of the proposer’s name from the applicable active proposer’s mailing list for the items concerned.

The District reserves the right to reject any or all bids, to waive any informalities, irregularities or technical defects in bids, and unless otherwise specified by the District to accept any item or groups of items in the bid, as may be in the best interest of the District and supported by substantial evidence.

Any expenses incurred by the Supplier in preparation, submission and presentation of the proposal are the responsibility of the Supplier and may not be charged to the District as a separate charge or as part of the services provided.

Proposal information is restricted and not publicly available until after the award of the Contract by the Board of Trustees. Any person, following the award process, may view responses to this proposal.

PREPARATION OF PROPOSALS

To facilitate proposal preparation, a copy of this proposal in .PDF format may be obtained and downloaded through our website at this address: www.laramie1.org where you find a link to the Rocky Mountain E-Purchasing System. Or go to www.bidnetdirect.com/colorado It will be necessary for you to register for this system. There is no charge to register unless you desire to receive either automatic e-mail of bids/proposals when they are posted.

Proposals are to be prepared simply, providing a straightforward, concise description of the provider’s capabilities to satisfy the requirements of this proposal. Emphasis should be on completeness and clarity of content. Repetition of the terms and conditions of this proposal request, without additional explanation, will not be considered sufficiently responsive.

One (1) original and one (1) complete response on a flash drive of the reply must be provided. Each proposal reply shall be bound separately in a professional manner, with the original clearly marked. For example, a single three-ring binder divided into sections by labeled tab index sheets will be sufficient. All attachments that are not included in the binder should be clearly labeled according to the sections and titles provided herein. The proposal should also be paginated by major section.

If erasures or other changes appear on the proposal forms, the person signing the proposal must initial each erasure or change.

The proposal number shall appear on any technical data or other information furnished by your firm with this proposal.

http://www.laramie1.org/ http://www.bidnetdirect.com/colorado

Wood Floor Refinishing Services: page, 7 Due: June 13, 2023; 11:00 a.m.

Receipt of amendments/addendum by proposers must be acknowledged prior to the proposal opening.

Amendment/addendum received prior to proposal submittal should be acknowledged in the appropriate space on the proposal document. Amendment/addendum received after proposal submittal should be acknowledged by letter or facsimile.

In the event it becomes necessary to revise any part of this Request for Proposal, an Addendum to this RFP will be provided to each proposer who received the original RFP by the Purchasing Department of LCSD#1. Proposers shall not rely on any other interpretations, changes or corrections.

Any documents intended to supplement or deviate from the express requirements of this proposal solicitation may result in a rejection of that proposal.

Ownership of all data, material and documentation originated and prepared for the District pursuant to this RFP shall belong exclusively to the District and be subject to public inspection in accordance with the Wyoming Public Records Act. Exception- See Proprietary/Confidential Information below.

PROPRIETARY/CONFIDENTIAL INFORMATION

Any requests for non-disclosure of trade secrets and other proprietary/confidential data shall be submitted to the Business Services Administrator by the Supplier, under separate cover and prior to the proposal opening. After award, the proposals shall be open to public inspection, subject to prohibition of the disclosure of confidential data. Materials designated as proprietary/confidential by the Supplier shall accompany the proposal and shall be readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal.

If a Supplier believes that parts of the proposal are proprietary then the Supplier must so specify. The Supplier must appropriately mark “Propriety” on that part of the proposal which the Supplier believes to be so.

The Supplier must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Supplier believes the material to be proprietary. Vague and general claims will not be accepted.

The District will be the sole judge as to whether a claim is general and/or vague in nature.

All proposals and parts of proposals that are not marked as “Proprietary” will automatically be considered public information after the proposal has been awarded. The successful proposal may be considered public information, even though parts are marked “proprietary.”

The proposal in its entirety shall not be considered proprietary/confidential.

The contents of any proposal are considered proprietary to the individual proposer and shall be kept confidential until award of the contract.

MODIFICATION OR WITHDRAWAL OF PROPOSALS

A proposal that is in the possession of the Business Services Administrator may be altered by written facsimile or email transmission bearing the signature or name of the person authorized for bidding, provided it is received prior to the time and date of opening.

A proposal that is in the possession of the Business Services Administrator may be withdrawn by the proposer by written request up to the time and date of the proposal closing. Written request must provide contact information for verification of withdrawal request. The withdrawn Proposal, sans withdrawn letter, shall be returned no less than thirty (30) days after award of proposal. Proposals may not be withdrawn after the proposal due date and time.

Wood Floor Refinishing Services: page, 8

OMISSIONS

In the event that the District or the provider discovers any omissions in the terms and conditions of the contract that is believed to be essential to the successful performance of the contract, each may so inform the other in writing, and the District and the provider shall thereafter promptly negotiate in good faith with respect to such matters for the purpose of making such reasonable adjustments as may be necessary to perform the objective of the contract.

PREFERENTIAL

Preference will be given pursuant to Wyoming Statutes 16-6-101 through and including 16-6-108 as amended.

When applicable a percentage preferential of five percent (5%) will be allowed. The preferential, when applied, will be accomplished by adding the five percent (5%) to the total price of the nonresident proposer. Discounts offered will be taken into consideration and deduction of the discount amount will be made before application of the preferential.

For further information regarding these Wyoming State Statutes visit:

https://www.wyoleg.gov/StateStatutes/StatutesConstitution.

DISCOUNTS

Time in connection with prompt payment discounts offered will be computed from the date of delivery or from the date your bill is received on a Laramie County School District Number One voucher with itemized invoice, whichever is later.

Percentage discounts for payment of invoices in 20 days or more will be considered in the evaluation of proposals. Shorter discount periods will not be considered in the evaluation of proposals.

INTEGRATION

All Request for Proposal documents, proposer’s response to each solicitation, all correspondence and addenda contain the entire understanding between the parties and any additions or modifications hereto may only be made in writing executed by both parties.

ASSIGNMENT OF CONTRACT

The successful proposer may not assign this contract to another party for performance of the terms and conditions hereof without prior written consent of the Business Services Administrator.

SUBCONTRACTORS

The Business Services Administrator must approve all subcontractors in writing before any work is to be performed.

https://www.wyoleg.gov/StateStatutes/StatutesConstitution

Wood Floor Refinishing Services: page, 9

PUBLIC HEALTH EMERGENCY

During a public health emergency, as defined by W.S. 35-4-1151or otherwise specified, health emergency to include, but not limited to, the COVID-19 pandemic, the District is bound to comply with all applicable governmental orders (Public Health Orders) and social distancing guidelines set forth by federal, local and state health officials. All non-District employees, contractors, consultants, etc. shall be knowledgeable of and to adhere to the same while working on District property or engaged in any District sponsored activity.

Hygiene and social distancing protocols are strictly required and enforced. Any required Personal Protective Equipment (PPE) shall be provided by the employer and not by the District. Noncompliance with Public Health Orders may be considered a cause for termination.

While subject to an active Public Health Order, the District reserves the right to allow for electronic bid/RFP submittals and schedule meetings and pre-bid conferences in a fully virtual setting such as, telephonic or in a videoconference setting.

If either party’s performance is disrupted or degraded by publication of a Public Health Order, prompt written notice shall be provided to the other party, identifying such impact in detail and reasonably estimating its duration. Unique issues including, but not limited to, supply chain restrictions, financing and contract deadlines should be brought up immediately to the appropriate District representative.

If it becomes necessary to suspend work on a facility or other project, care should be taken that the project site or work is left in a safe and secure condition. The District will provide prompt notification to the vendor, contractor, or consultant of any Public Health Order which may impact the work.

1 (i) “Public health emergency” means an occurrence or imminent threat of an illness or health condition caused by an epidemic or pandemic disease, a novel and highly fatal infectious agent or a biological toxin that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The governor shall declare when a public health emergency exists or has ended.

Wood Floor Refinishing Services: page, 10

LEGAL REQUIREMENTS

TAX EXEMPT STATUS

Public schools are exempt from manufacturer’s federal excise tax and states sales tax. Tax exemption certificates will be issued upon request.

WYOMING SALES AND USE TAX

Direct purchases of materials by the State of Wyoming or its political sub-divisions (including Laramie County School District Number One) are exempt from Wyoming Sales and Use Tax. Contractor’s purchasing and consuming materials, equipment and supplies for their performance of alteration, improvement or repair of real property are subject to the Wyoming Sales and Use Tax. Purchases by contractors of equipment, materials, and supplies consumed in contracts with the State of Wyoming, its departments and institutions and the political sub-divisions thereof (including Laramie County School District Number One) are subject to Wyoming Sales and Use Tax. Suppliers shall comply with Sales and Use Tax Laws per Wyoming Statutes 39-6-401 through 39-6-417; W.S. 39-6-501 through 39-6-518 and W.S. 39-6-601 through 39-6-604 as stated below:

Obtain a Sales and Use Tax License from the Department of Revenue and Taxation, State of Wyoming for the County in which the materials, goods, fixtures and furnishings and all other tangible personal property required by this project are consumed.

Report the use, installation or transfer of such property in to the project as a sale by licensed Supplier and pay any and all taxes due, unless this tax was already included in the purchase price paid to the supplier.

The proposer shall require each sub-contractor to comply with the same statutes and provisions and shall so stipulate in any agreement or contract with them.

For additional information, contact the State of Wyoming Department of Revenue and Taxation, Contracts Sections, Herschler Building, Cheyenne, Wyoming.

APPLICABLE LAWS

The successful Supplier shall keep fully informed on all federal and state laws, including all State of Wyoming Statutes, which in any way affect the ordinances, regulations, orders and decrees in force at the time of award. The successful Supplier shall protect and indemnify the District and its representatives against any claim or liability arising from or based on the violation of any such law, whether by himself or by his employee(s). No extension of time or additional payment will be made for loss of time or disruption of work caused by any actions against the successful Supplier for any of the above reasons.

The parties expressly agree and understand that the provider is not an employee or agent of the District in any sense, but is a sole independent contractor.

The Supplier will comply, if applicable, with the provisions of the Davis-Bacon Act (40 U.S.C., Sec 276a to 276a-7 and the Copeland Act (40 U.S.C., Sec. 276c and U.S.C., Sec. 874), the Contract Work Hours and Safety Standards Act (40 U.S. Sec. 327-333) regarding labor standards for federally assisted construction sub agreements. If CONSTRUCTION RELATED AND FEDERAL FUNDS ARE INVOLVED

By submitting their response, Proposers certify they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. Additionally, Proposers certify they comply with the United States Immigration and Nationality Act (INA) Title 8 of the U.S. Code (8 USC) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination.

Wood Floor Refinishing Services: page, 11

The following are pertinent sections of the Wyoming Statutes pertaining to Preference to Wyoming Contractors, Laborers, Materials, and Products. Wyoming Statutes will govern over all provisions stated here. For further information, the complete statutes are available at the Law Library located in the Supreme Court Building, 2301 Capitol Avenue, Cheyenne, Wyoming, at the Support Operations Office, Laramie County School District Number One, 2810 House Avenue, Room 122, Cheyenne, Wyoming, or online at https://legisweb.state.wy.us/statutes/statutes.aspx

TITLE 16

CITY, COUNTY, STATE AND LOCAL POWERS

CHAPTER 6

ARTICLE 1 PUBLIC WORKS AND CONTRACTS

16-6-101 THROUGH 16-6-107

ARTICLE 2 PREFERENCE FOR STATE LABORERS

16-6-201 THROUGH 16-6-206

The contract will be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible non-resident bidder.

If a nonresident bidder submits the low bid, the bid amount will be multiplied by one point zero five (1.05) for comparison to the bids submitted by resident bidders. The bidder with the lowest adjusted bid will be considered low bidder.

It is the responsibility of the bidder to read and become familiar with the above-referenced statutes, failure to comply with preference laws will affect the award of the bid.

ALL NON-RESIDENT CONTRACTORS are required to register with the following:

Secretary of State, (307) 777-7378.

Department of Revenue, (307) 777-7961.

Department of Workforce Services, Division of Unemployment Insurance, (307) 235-3217.

Department of Workforce Services, Division of Workers’ Compensation, (307) 777-6763.

Department of Workforce Services, Division of Labor Standards, (307) 777-7261.

Non-resident contractors may start the registration process online by visiting the Department of Workforce Services, Online Business Registration at:

http://wyomingworkforce.org/businesses/labor/docs/

NOTICE TO ALL CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS:

In order to be considered as a “Wyoming Resident Contractor”, your firm must be registered with the State of Wyoming, Department of Workforce Services, Labor Standards Division, telephone

(307) 777-7261.

Being registered with the Wyoming Secretary of State or residing in and working as a contractor in Wyoming does NOT qualify your firm for “Residency Status”.

Application must be made for “Residency Status” and approved by the Division of Labor Standards pursuant to Wyoming State Statutes 16-6-101 through 16-6-107. All Wyoming Resident Flooring Contractors, Subcontractors, and Suppliers will be required to submit a copy of their current “Certificate of Residency” with the Bid Form and the completed List of Subcontractors at the time of the bid opening.

Failure to supply the “Certificate of Residency” with the Bid Form and completed List of Subcontractors at the time of the bid opening will be considered an irregularity and the bid will not be considered awardable.

https://legisweb.state.wy.us/statutes/statutes.aspx http://wyomingworkforce.org/businesses/labor/docs/

Wood Floor Refinishing Services: page, 12 Due: June 13, 2023; 11:00 a.m.

A successful resident Bidder shall not subcontract more than thirty percent (30%) of the work covered by his contract to nonresident contractors. If they do so, they will no longer be considered a resident bidder but a nonresident bidder pursuant to Wyoming Department of Workforce Services regulations.

The Owner will implement the bid preference of Wyoming law as follows:

No resident contractor’s bid will be rejected solely because the bidder indicates an intention to subcontract more than thirty percent (30%) of the work to nonresident contractors.

If the lowest responsible bid received is that of a resident bidder, the low bidder will be awarded the contract.

If a nonresident bidder submits the low responsible bid and a responsible bid is received from a resident bidder, the nonresident’s bid will be adjusted by multiplying the amount by one-hundred and five percent (105% or 1.05) to obtain the adjusted bid. The nonresident’s adjusted bid will then be compared to the lowest responsible bid submitted by a resident bidder. The bidder with the lowest adjusted bid will be considered the low bidder.

If either labor or a combination of labor and materials is purchased from a nonresident subcontractor, the total amount of all subcontracts for labor and / or labor and materials will be considered in determining whether the thirty percent (30%) limit has been reached. Subcontracts for materials alone will not be considered in determining whether the thirty percent (30%) limit on subcontracts with nonresident contractors has been reached.

Preference for Wyoming materials required in contracts. (W.S. 16-6-104) Wyoming made materials and products, and Wyoming suppliers of products and materials of equal quality and desirability shall have preference over materials or products produced or supplied outside the state and any contract let shall so provide. The preference created by this section shall be applied in a manner identical to the preference for residence contractors in W.S. 16-6-102.

Statement of Wyoming materials preference in requests for bids and proposals (W.S.16-6-106).

All requests for bids and proposals for materials, supplies, agricultural products, equipment, machinery and provisions for the construction, major maintenance and renovation of every state, county, municipal, community college district or school district institution shall contain the words "preference is hereby given to materials, supplies, agricultural products, equipment, machinery and provisions produced, manufactured or grown in Wyoming, or supplied by a resident of the state, quality being equal to articles offered by the competitors outside of the state.”

Required resident labor on public works projects; exception (A portion of W.S.16-6-203).

Wyoming labor shall be used except other laborers may be used when Wyoming laborers are not available for the employment from within the state or are not qualified to perform the work involved. A person required to employ Wyoming laborers may employ other than Wyoming laborers if: that person informs the nearest state workforce center of his employment needs and the state workforce center certifies that the person’s need for laborers cannot be filled from those Wyoming laborers listed with the Wyoming Department of Workforce Services.

Apprenticeship Utilization Program (A portion of W.S. 16-6-901 - 16-6-902).

“For all public works awarded by the State of Wyoming, the University of Wyoming, a community college or a school district pursuant to W.S. 16-6-101 through 16-6-206 estimated to cost one million dollars ($1,000,000.00) or more, a contractor who commits to ensure that not less than ten percent (10%) of the labor hours shall be worked by apprentices shall have his bid considered as if his bid were one percent (1%) lower than the actual dollar value of his bid.”

The Apprenticeship Utilization Program allows for a one percent (1%) bid preference on all public works projects costing over $1,000,000.00. If contractors elect to invoke the bid preference on this project, additional paperwork will be submitted with the bid package. For example, if electing the preference, the contractor will submit a Letter of Certification from the U.S. Department of Labor, Wyoming’s Bureau of Apprenticeship and Training with the bid documents. Bids may then be considered as if they were one percent (1%) lower than the actual face value.

Wood Floor Refinishing Services: page, 13

WYOMING WORKER’S COMP COVERAGE

Out-of-State Employers providing services such as construction or installation of goods in the State of Wyoming will be required to provide proof of Extra Territorial coverage to the District within 15 days after notification of award. No work can begin until this proof is received. For more information, contact Wyoming Workers Compensation (307) 777-2487.

Wyoming employers must provide a Certificate of Good Standing with your proposal package.

INSURANCE WHEN PERFORMING SERVICES ON DISTRICT PROPERTY

The proposer shall furnish the District’s Purchasing Office with a Certificate of Insurance, which indicates that insurance coverage has been obtained which meets the requirements as outlined below:

1. Wyoming Workers’ Compensation Insurance – Statutory (Coverage A)

2. Employer’s Liability Insurance - $1,000,000 (Coverage B)

3. Commercial automobile liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, with a $1,000,000, combined single limit for bodily injury and property damage liability. Coverage should apply to any auto.

4. Commercial General Liability insurance covering claims for injuries to members of the public or damage to property of others (including Products and Completed Operations). The policy shall be an occurrence form with the following limits:

$1,000,000 Each Occurrence $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $2,000,000 General Aggregate $100,000 Damage to Rented Premises

5. Umbrella Excess Liability.

Excess liability insurance or umbrella coverage shall be Five Million Per occurrence, Five Million

Aggregate for projects less than Ten Million Dollars; and Ten Million Dollars per occurrence; Ten Million Aggregate for projects of Ten Million and greater.

6. The District must be named as an Additional Named Insured on the automobile and general liability coverage’s. For construction contracts, also request that the Commercial General Liability “Additional Named Insured” provision extend to completed operations.

7. The policies must contain a waiver of subrogation on behalf of the District.

8. All certificates must state that the carrier will provide the District with a minimum of thirty (30) days’ notice of cancellation or non-renewal of the policies.

.9 Nothing in contract or insurance requirement waive or intend to waive the monetary limitations or any other rights, immunities, and protections provided by the Wyoming Governmental Immunity Act, as from time to time amended, or otherwise available to the District or its officers, employees, agents and volunteers.

10. All insurance Carriers must have an AM Best rating of A-VIII or better.

Wood Floor Refinishing Services: page, 14 Due: June 13, 2023; 11:00 a.m.

11. Unemployment Insurance:

The contractor shall be duly registered with the Department of Workforce Services, Division of Unemployment Insurance. The contractor and every subcontractor shall supply Official Notice of Unemployment Insurance Coverage prior to their being allowed on the job site.

12. Insurance certificates shall be maintained with the Risk Management Office of Laramie County

School District Number One. Insurance certificates must be filed prior to the award of any contract.

File insurance certificates with:

Laramie County School District Number One Risk Management Office 2811 House Avenue Cheyenne, WY 82001 Telephone (307) 771-2169

All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Wyoming. The Company must be rated no less than “B+” by the latest edition of Best’s Insurance Guide, which is published by A.M. Best Company, Oldwick, New Jersey. Any insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operation of the proposer. The proposer shall be responsible for notifying the District of any modification to, or cancellation of, these policies during the contractual period: including, but not limited to, any pending or paid claims against the aggregate amount of the policy.

Insurance certificates required within fifteen (15) days after notice. Issuance of a purchase order is contingent upon the receipt of the insurance documents. If the proposer fails to submit the required insurance documents within fifteen (15) business days after verbal or written notice to submit such policies is given to the successful offeror by a District representative, the proposer shall be in default of the contractual terms and conditions and will not be awarded the contract.

PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND (REQUIRED IF BID EXCEEDS

$150,000.00)

A Performance Bond covering the faithful performance of the contract and a Labor and Material Payment Bond covering the payment of all obligation arising under this project, each equal to one hundred percent (100%) of the contract sum shall be furnished by the bidder prior to issuance of the Contract. Bonds shall be AIA Document A312 (2010 Edition) or on a document that conforms with AIA A312 and so states in the printed body of the form. The cost of all bonds shall be included in the bid. CONTRACTS WILL NOT

BE ISSUSED OR NOTICE TO PROCEED GIVEN UNTIL THESE DOCUMENTS ARE IN THE

POSSESSION OF THE DISTRICT.

ACTIONS NEEDED TO PRESERVE RIGHTS OF SUBCONTRACTORS AND MATERIAL SUPPLIERS UNDER

BOND OR GUARANTEE. (W.S. 16-6-121)

If the project's contract is for $150,000 or more, the contractor shall take appropriate actions needed to preserve rights of subcontractors and material suppliers under bond or guarantee (W.S. 16-6-121).

Wood Floor Refinishing Services: page, 15 Due: June 13, 2023; 11:00 a.m.

FINANCIAL STATEMENTS

The financial statements and budgets for the district can be reviewed at the following website. Finance & Accounting - Laramie County School District 1 (laramie1.org).

RESOLUTION OF DISPUTES

Any issues or provisions of the contract in dispute between the District and the Supplier, which, in the judgment of either party to the contract, may materially affect the performance of such party, shall be reduced to writing and delivered to the other party. The District and the Supplier shall promptly thereafter negotiate in good faith and use every reasonable effort to resolve such dispute in a mutually satisfactory manner.

The provisions of the contract shall be constructed in accordance with the provisions of the laws of the State of Wyoming, excluding its conflict of law’s provisions. Any legal proceedings against the District regarding this RFP or any resulting contract thereof shall be brought before the administrative or judicial forums in Laramie County, Wyoming.

GOVERNING LAW

The validity, construction and effect of this contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Wyoming. Wyoming law shall govern regardless of any language in any attachment or other document that the Supplier may provide.

VENUE

Any action between the parties arising from this agreement shall be maintained in the courts of Laramie County, Wyoming.

SEVERABILITY

Should any provisions of this contract be declared to be invalid by any court of competent jurisdiction, such provisions shall be severed and shall not affect the validity of the remaining provisions of this contract.

GOVERNMENTAL IMMUNITY

The District does not waive governmental immunity by entering into the contract and specifically retains immunity and all defenses available to them as sovereign is pursuant to Wyoming State Law.

CONTINGENT FEES

Supplier hereby represents that Supplier has not been retained by any person(s) to solicit or secure a LCSD#1 contract upon an agreement or understanding for a contingent commission, percentage, or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Breach of the provisions of this paragraph is, in addition to, a breach of this contract, and a breach of ethical standards that may result in civil or criminal sanctions.

https://www.laramie1.org/finance-accounting-003ba547 https://www.laramie1.org/finance-accounting-003ba547

Wood Floor Refinishing Services: page, 16

GRATUITIES AND KICKBACKS

It shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person a gratuity or an offer of employment in connection with any decisions, approval, disapproval, recommendations, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therefore. It shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a sub Supplier under a contract to the prime Supplier or higher tier sub Supplier or a person associated therewith, as an inducement for the award of a subcontract or order. Breach of the provisions of this paragraph is, in addition to a breach of this contract, a breach of ethical standards that may result in civil or criminal sanctions.

PERFORMANCE – FORCE MAJEURE

Successful proposers shall be excused from performance hereunder during the time and to the extent that proposer is prevented from obtaining, delivering, or performing in the customary manner by acts of God, fire, war, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants, or facilities by the government. Proposer shall provide the District substantiating evidence that non-performance is due to other than fault or negligence on his part.

NON-APPROPRIATION OF FUNDS

In the event the District is not granted an appropriation of funds at any time during the contract term for the software and services subject to this Agreement to make payments for the next contract term and the funds to make such payments for the next contract term are otherwise unavailable by any lawful means whatsoever, the District shall have to right to terminate this agreement on the last day of the fiscal period for which appropriations were received without penalty or expense to this District. Written notice within 30 days of the fiscal year-end of the lack of sufficient appropriation shall be provided by the District as evidenced by the passage of a motion by the Laramie County School District Board of Trustees specifically prohibiting the District from performing its obligations under this Agreement.

CONFLICT OF INTEREST

Supplier warrants it has no interest and shall acquire no interest that would directly or indirectly conflict in any manner or degree with the performance of this proposal. For violation or breach of this warranty, LCSD#1 shall have the right to annul this contract without liability or, at its discretion, to deduct price for consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

Each signatory avers that to his/her knowledge, no Laramie County School District Number One employee has any personal or beneficial interest whatsoever in the service or property described herein.

DISCRIMINATION

The District hereby notifies all Proposers it will affirmatively insure that, in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this Invitation and will not be discriminated against on the grounds of race, color, sex, national origin, or ancestry in consideration of an award. Proposer hereby agrees that should he/she be awarded this contract, Proposer will not discriminate against any person who performs work there under because of race, religion, color, sex, national origin, or ancestry.

Wood Floor Refinishing Services: page, 17

TERMINATION

If either party fails to perform its contractual obligations toward the other party, the aggrieved party may, at its option, notify the other party in writing of the nature of the default. The other party will have thirty

(30) days from the date of said notice to cure said default. Upon failure to cure said default within the time allowed, the aggrieved party may terminate the contract and/or avail itself of all remedies at law, including specific performance. The District may withhold any payments to the other party for the purpose of setoff.

PERFORMANCE

The successful proposer shall work in good faith with the District to fulfill all requirements of the Invitation.

In the event the minimum requirements of the Invitation are not met, the District shall notify the contractor and provisions for resolution of disputes followed. If the contractor is unable to fulfill his obligations, the contract may be considered for termination.

INDEMNIFICATION

Each party to this Agreement shall assume the risk of any liability arising from its own conduct. Neither party agrees to insure, defend, or indemnify the other.

CERTIFICATION AND COMPLIANCE

The undersigned agrees to furnish the commodity and/or services stipulated in the attached Invitation, at the prices and terms stated, subject to the general conditions outlined and the specific conditions identified.

A signed contract furnished to the successful proposer results in a binding contract without further action by either party.

A. Brian Harmsen

Business Services Administrator

Wood Floor Refinishing Services: page, 18 Due: June 13, 2023; 11:00 a.m.

SPECIAL PROVISIONS-GENERAL

INTENT

It is the intent of this proposal to establish the terms, conditions and prices for Wood Floor Refinishing Services, on an open-ended annual contract basis, all in accordance with the attached documents.

SCOPE OF SERVICES

This request for proposal contains the instructions governing the proposals to be submitted and the material to be included therein, mandatory requirements that must be met to be eligible for consideration and other requirements to be met by each proposal.

Individual project requests will be initiated by the LCSD#1 Planning and Construction Department or the Facilities Management Department on an as-needed basis. All projects initiated under this contract will be based on the terms, conditions and labor and material costs awarded under this award.

Wood Floor Refinishing Services shall include labor, materials, tools, special tools and equipment, transportation and subcontractor coordination as required to complete construction work with the total project responsibility subject to the Owner’s inspection.

It is the intent of this proposal to establish pricing for wood floor refinishing covering materials and installation. The successful contractor will be assigned projects on an as-needed basis as well as a scheduled annual maintenance cycle. There is no guaranteed or specific amount of work to be completed during this contract period for as-needed projects. However, it is the intent of the District to begin a rotation schedule for annual maintenance as follows: all three high school competition gym wood floors to be screened and recoated yearly starting July 2024 and the remaining competition and auxiliary gym wood floors to be screened and recoated every other year based on the schedule provided starting July 2024.

This rotation cycle will continue indefinitely.

The work to be performed by Contractor is all work required to provide a complete and fully acceptable floor. Contractor will provide all labor and permits on an as-needed basis. For purposes of any subsequent contract, each work assignment is deemed a Request for Service. Projects will typically be limited in size and scope of work required.

All work must be pre-authorized by the designated Owner’s Representative. No work shall be binding on Owner and Contractor shall not be entitled to any compensation for work performed unless it was first authorized by the designated Owner’s Representative and accepted by the Owner’s inspection team. All work will be coordinated with the Owner’s Representative.

All installation of materials shall be done in compliance with the manufacturer’s recommendations.

CONTRACT PERIOD

The contract period shall commence August 1, 2023 and end July 31, 2025, subject to the renewal options shown below.

Wood Floor Refinishing Services: page, 19

RENEWAL

The proposer and the District covenant and agree that this proposal or subsequent contract may, with the mutual approval of the proposer and the District be renewed under the same terms and conditions of this proposal or contract except pricing, which may not exceed 5% above the price of the prior agreement, for a period of two (2) additional years, and said option to renew this proposal or contract for a two year period shall be in effect for each year thereafter for a total period not to exceed four (4) additional years. The District shall notify the proposer of its intent to exercise this option in writing prior to the termination of the current contract period. Renewal is Board pursuant.

EXTENSION

The District reserves the option to temporarily extend this contract for a period not to exceed an additional 90 days.

LCSD#1 REPRESENTATIVES

The sole point of contact for this proposal shall be Amber Phillips, Senior Buyer, 307-771-2116, email:

amber.phillips@laramie1.org . Any questions regarding any aspect of this proposal shall be directed in writing to the buyer specified by email, by fax 307-771-2154 or delivered in person. Every effort will be made to respond to the question(s) in a timely manner.

PRICING

All prices shall be FOB, Cheyenne.

Proposal may not be considered if a service charge, minimum dollar, or minimum quantity is applied.

Cost percentages may not exceed 10% for profit and overhead per project.

PRICE ADJUSTMENTS - SERVICE CONTRACTS

Price adjustments relative to this contract for service will be considered only for the direct cost(s) of providing the service as listed herein. Direct cost(s) include, but is not limited to, materials, labor, transportation, etc.

If during the…