CONTRACTKK22-04-O _Coakley_Bros.pdf

State of Wisconsin – UW-Milwaukee

University of Wisconsin-Milwaukee Contract Issuing Agency: The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee (UWM)

Supplier: Coakley Brothers Rep: Lisa Kaufmann lkaufmann@coakleybrothers.com 414-238-2504 400 S. 5th Street Milwaukee, WI 53204

Contract Number: KK22-04-O UWM Dept. Contract Administrator: Adam Schemm 414-229-1105 schemm@uwm.edu

Purchasing Contract Manager: Kathy Kercheck kkerchec@uwm.edu 414-229-7162

Athletic lockers, installation of and related accessories.

This Contract is entered into by and between the Issuing Agency and Supplier set forth above.

1.0 SCOPE OF SERVICES

This Contract is for installation of purchase and installation of 36 lockers (18 lockers for the men’s basketball program, and 18 lockers for the women’s basketball program) and the removal of the current lockers for the at the location of the UWM Pavilion – 3409 N. Downer Ave, Milwaukee WI 53201 – on UWM’s campus, per bid specifications. Similar items (lockers and locker accessories) /services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

Supplier agrees to offer the same services at the same terms, conditions, and pricing to other UW campuses.

2.0 TERM

The contract will become effective April 1, 2022 through March 31 2023, with four (4) automatic one (1) year renewals, expiring 03/31/2027. Renewals are optional, and can be terminated per clause 5.17.

3.0 PRICING

See Cost Sheet attached. 57% discount offered on other products/projects per cost sheet.

4.0 ENTIRE AGREEMENT/ORDER OF PRIORITY

The entire agreement is constituted by the following documents, and the order of priority in interpreting the contract shall be as follows: (1) The resulting Official Purchase Order; (2) this Contract; (3) the original Bid document, including any amendments/attachments; and (4) the successful Supplier’s response to RFB.

Any Contract terms and conditions provided by the Supplier, including but not limited to click-on/click-through agreements provided to the Supplier; shrink wrapped agreements; or terms submitted with bid, order acknowledgements, or invoices; shall be considered null and void and will not be enforceable by the Successful Supplier(s) unless agreed to in a written amendment signed by UWM’s Purchasing Office.

5.0 TERMINATION

a. The University may terminate the Contract at any time, without cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

b. Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 30 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to: a change to any specifications, not adhering to the agreed upon timelines of delivery, or failure to adhere to any of the Terms, Conditions or Specifications.

c. If at any time the Supplier performance threatens the health and/or safety of UWM, its staff, students or others who may be on campus, UWM has the right to cancel and terminate the Contract without notice.

d. Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Supplier fails to maintain and keep in force the above mentioned, UWM has the right to cancel and terminate the Contract without notice.

e. If at any time a petition in bankruptcy shall be filed against the Supplier and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Supplier's property is appointed and such appointment is not vacated within 90 calendar days, UWM has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

f. All notices of performance failure must be submitted in writing to the Procurement Office, Attn. Director of Procurement, via email to purchasing@uwm.edu, or by mail to UWM Procurement, PO Box 777, Milwaukee, WI 53201-0777. UWM shall be final authority for all performance failure determinations.

g. If the Contract is terminated for cause, UWM is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Supplier pursuant to fulfilling the Contract. UWM will be obligated to pay such expenses up to the date of termination.

For: The State of Wisconsin On behalf of the Board of Regents Of the University of Wisconsin System The University of Wisconsin Milwaukee

Signature:

Name: Kathy Kercheck

Date: April 1, 2022

For: Coakley Brothers

Signature:

Name:

Date:

VENDOR NAME: COAKLEY BROTHERS/BROTHERS INTERIORS

CONTACT NAME:

EMAIL:

PHONE #:

Locker Type1 Manufacturer Make/Model Being Bid Quantity Cost

18"H x 24"W x 24" D Men's Athletic Laminate Lockers as specified CAROLINA / MILE MARKER 18 $ 59,205.00 84"H x 30" W x 32" D Laminate Men's Athletic Corner Storage Units CAROLINA / MILE MARKER 2 $ 5,788.00 custom branded folding lockerroom stools ANTHEM SPORTS 20 $ 1,278.36 18"H x 24"W x 24" D Women's Athletic Laminate Lockers with built-in bench seating as specified CAROLINA / MILE MARKER 18 $ 59,890.00 84"H x 30" W x 32" D Laminate Women's Athletic Corner Storage Units CAROLINA / MILE MARKER 2 $ 5,532.00 Installation/Delivery/Demo CBC / BBI 1 $ 42,288.00 Design Services BBI 1 $ 750.00

174,731.36$ per hour 85 Discount percentage off catalog of locker products and related accessories *per UWM State Contract 57%

CBC/BBI Note: Cove to be provided at kick plate of lockers by flooring installer

UWM Athletic Lockers RFB:KK22-04-O

LISA KAUFMANN

LKAUFMANN@COAKLEYBROTHERS.COM

262.352.7744

Onsite services rate (repair)

Extended Net /Project Price Total

1All items bid must reflect the required specifications in Section 6 of bid document

b. Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 30 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to: a change to any specifications, not adhering to the agreed upon timelines of delivery, or failure to adhere to any of the Terms, Conditions or Specifications.

c. If at any time the Supplier performance threatens the health and/or safety of UWM, its staff, students or others who may be on campus, UWM has the right to cancel and terminate the Contract without notice.

d. Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Supplier fails to maintain and keep in force the above mentioned, UWM has the right to cancel and terminate the Contract without notice.

e. If at any time a petition in bankruptcy shall be filed against the Supplier and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Supplier's property is appointed and such appointment is not vacated within 90 calendar days, UWM has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

f. All notices of performance failure must be submitted in writing to the Procurement Office, Attn. Director of Procurement, via email to purchasing@uwm.edu, or by mail to UWM Procurement, PO Box 777, Milwaukee, WI 53201-0777. UWM shall be final authority for all performance failure determinations.

g. If the Contract is terminated for cause, UWM is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Supplier pursuant to fulfilling the Contract. UWM will be obligated to pay such expenses up to the date of termination.

For: The State of Wisconsin On behalf of the Board of Regents Of the University of Wisconsin System The University of Wisconsin Milwaukee

Signature:

Name: Kathy Kercheck

Date: March , 2022

For: Coakley Brothers

Signature:

Name:

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

DOA-3832 (R 07/2019)

S. 16.72 WIS. STATS

Bidder Required Form Instructions: Bidder is required to complete all sections of this form. (Note: If the agency checks the box preceding Section 5 indicating that section is not applicable to the bid/proposal, Bidder may skip Section 5. Bidder may not skip any other sections of this form).

To be completed by the agency:

Agency Name UW-Milwaukee

Solicitation Title

SUPPLY AND INSTALLATION OF ATHLETIC LOCKERS

Solicitation Reference Number

KK22-04-O

Section 1: Bidder Information Bidder/Proposer Company Name:

Coakley Brothers E-Mail Address:

lkaufmann@coakleybrothers.com Phone Number:

414-238-2504

Toll Free Phone:

Fax:

Address:

400 S. 5th Street City: State: WI Zip: 53204 Milwaukee Mailing Address for Purchase Orders (if different than above) Address:

City:

State: Zip:

Section 2: Bidder Contacts List the name and title of the person to contact for questions related to each of the topics below:

Bid/Proposal Lisa Kaufmann Phone: 414-238-2504

Email:

lkaufmann@coakleybrothers.com Affirmative Action Plan Dan Stroven Phone: 262-613-7108

Email:

Dstroven@coakleybrothers.com Orders and billing Gina Engelmann Phone: 414-238-2557

Email:

arcbc@coakleybrothers.com

Section 3: Bidder Reference Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used with requirements like those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name:

Vivent Health Address (including City, State, Zip):

820 N Plankinton Ave Contact Person:

Greg Lang

E-Mail Address:

greg.lang@viventhealth.org

Phone:

414-223-6816

List Product(s) and/or Service(s) Used:

OFS Mile Marker has been standardized in Vivent Health clinics nationally. Employee lockers, medical exam rooms, and breakroom millwork applications.

Company Name:

Milwaukee Bucks - Fiserv Forum Address (including City, State, Zip):

1201 N 6th Street Milwaukee, WI 53203 Contact Person:

Peter Feigin

E-Mail Address:

pfeigin@bucks.com

Phone:

877-428-2825

List Product(s) and/or Service(s) Used:

Specified, procured, and installed all furniture at the Fiserv Forum and Sports Medicine Training Facility.OFS Brands was included throughout back spaces.

Company Name:

Willow Creek Child Care Center Address (including City, State, Zip):

W164N11319 Squire Drive Germantown, WI 53022 Contact Person:

Lindsay Mongoven

E-Mail Address:

lrmongoven@gmail.com

Phone:

262-470-8833

List Product(s) and/or Service(s) Used:

Coakley Brothers demoed all exsisting millwork and replaced all classrooms and breakrooms with Mile Marker product.

Upper, lowers and full height, all laminate solution. Installed in Q1 of 2021

Company Name:

Good Karma Brands Address (including City, State, Zip):

720 E Capitol Drive Milwaukee, WI 53212 Contact Person:

Kelli Gabel

E-Mail Address:

kgabel@goodkarmabrands.com

Phone:

608-334-4175

List Product(s) and/or Service(s) Used:

Delivered and installed OFS employee lockers to Chicago ESPN office. Also specifed and procured for Cleveland, West Palm Beach and Milwaukee headquarters.

Section 4: Designation of Confidential and Proprietary Information

The attached material submitted in response to this bid/proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats., as follows: “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released:

Section Page # Topic

Using the boxes below, indicate your agreement with the following statements:

In the event the designation of confidentiality of this information is challenged, the bidder/proposer hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out of the state’s agreeing to withhold the materials.

The state considers other markings of confidential in the bid/proposal document to be insufficient. The bidder/proposer agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Agency Only:

Section 5 is not applicable to this bid/proposal. If this box is checked, Bidder may skip to Section 6.

Section 5: Bidder Agreement: Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis. Stats.

Interested municipalities:

Will contact the contractor directly to place orders referencing the state agency contract number; and Are responsible for receipt, acceptance, and inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in these services has no effect on awarding this contract.

Bidder: Please indicate your willingness to furnish the commodities or services to Wisconsin municipalities by checking the appropriate box below.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

A vendor in the service may specify a minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal charges for municipalities.

Special Conditions (if applicable):

Section 6: Bidder Identification (Check all that apply)

We claim minority bidder preference [Wis. Stats.16.75(3m) (b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program.

If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E.

Wilson St., Madison, WI 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats.16.75(3m) (b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. S. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 266-5462.

Section 7: Bidder Certifications Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extend in the United States when all other factors are equal. Materials covered in our bid were manufactured in whole or in substantial part in the United States. Yes No Unknown

We certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition, that no attempt has been made to induce any other person or firm to submit or not to submit a bid, that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We certify that we are not currently engaged in a prohibited boycott of the State of Israel as defined in s. 20.931(1)(b).

Should we be awarded a contract, we understand that future engagement in a boycott of the State of Israel may result in contract termination.

We certify that we are in compliance with applicable State of Wisconsin non-discrimination/affirmative action requirements as described in State Standard Terms and Conditions, form DOA-3054.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid/Proposal and all terms of our bid.

Section 8: Bidder Signature

Name of Authorized Company Representative:

Lisa Kaufmann

Title:

Workplace Consultant

Phone:

262-352-7744

Fax:

Signature of Above

2/25/2022

Email:

lkaufmann@coakleybrothers.com

This document can be made available in alternate formats to individuals with disabilities upon request.