Exhibit A.1.pdf

INVITATION FOR BID 0168-K

EXHIBIT A.1

Exhibit A.1

SECTION 1: GENERAL PROVISIONS

1. INSURANCE:

The contract between the successful bidder and the State shall require the successful bidder to carry certain insurance policies. All such insurance policies, except workers’ compensation and unemployment compensation policies, shall contain a waiver of subrogation against the Agency and the State, its agents, and employees.

2. LAWS TO BE OBSERVED:

The bidder shall keep fully informed of, and comply with, all applicable federal and state laws or rules, all local bylaws, regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority. The bidder shall protect and indemnify the State of Wyoming and Agency and their representatives against any claim or liability arising from or based on the violation of any law, rule, bylaw, ordinance, regulation, order, or decree whether by itself or its employees.

3. ASSIGNMENT:

The purchase order or subsequent contract shall not be assigned by the bidder. Third party participation is authorized only as a joint venture that shall be clearly stated in detail in the bid and signed by all parties participating.

The bidder shall not enter into any subcontracts for any of the work contemplated under this INVITATION FOR

BID without the Agency’s prior written authorization.

4. ACCOUNT REPRESENTATIVE:

The successful bidder(s) shall appoint, by name, a company representative who shall be responsible for servicing its account. The representative shall provide the services required to ensure that the account will be administered in an organized, systematic manner.

5. EXTENSION AND AMENDMENT:

The bidder and the State covenant and agree that this bid or subsequent contract may, with the mutual approval of the bidder and the State, be extended one year at a time for a total contract period not to exceed three (3) years.

6. AUDIT AND ACCESS TO RECORDS:

The State or any of its duly authorized representatives shall have access to the bidder’s books, documents, papers, electronic data, and records that are directly pertinent to this INVITATION FOR BID.

7. CONFLICT OF INTEREST:

The bidder warrants that no kickbacks, gratuities, or contingency fees have been paid in connection with this

INVITATION FOR BID and none have been promised. The bidder warrants that no one being paid pursuant to the bid is engaged in any activity that would constitute a conflict of interest with respect to the purposes of the bid.

8. NO FINDER’S FEE:

The bidder warrants that no finder’s fee, employment agency fee, or other fee related to the bid shall be paid.

9. BID AWARD:

Bid award shall be on total bid basis or per item basis, whichever is in the best interest of the State of Wyoming.

A five percent (5%) preference shall be granted to responsible Wyoming resident suppliers for procurements by public entities and that are used in and incorporated into a capital construction project. Refer to W.S. §§16-6-

102–16-6-107 and §16-6-1001(a)(ii)(C).

10. ESTIMATED QUANTITIES:

Quantities shown on the bid form are estimated quantities. These quantities are for use in determining bid award

ONLY and are not guaranteed purchase quantities. The actual order quantity of any of the items may vary from that shown on the bid form.

11. ADDITIONS TO THE CONTRACT:

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

12. SOVEREIGN IMMUNITY:

Pursuant to Wyo. Stat. § 1-39-104(a), the State of Wyoming and the Agency expressly reserve sovereign immunity and specifically retain all immunities and defenses available to them as sovereigns. The bidder acknowledges that the State of Wyoming has sovereign immunity and only the Wyoming Legislature has the power to waive sovereign immunity. Designation of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this

INVITATION FOR BID or subsequent contract shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

13. INDEMNIFICATION:

The bidder shall release, indemnify, and hold harmless the State of Wyoming, the Agency, and its officers, agents, and employees from any and all claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of the bidder’s failure to perform any of the bidder’s duties and obligations under this

INVITATION FOR BID or subsequent contract or in connection with the negligent performance of the bidder’s duties or obligations, including, but not limited to, any claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of the bidder’s negligence or other tortious conduct.

14. APPLICABLE LAW/VENUE:

The construction, interpretation, and enforcement of this INVITATION FOR BID shall be governed by the laws of the State of Wyoming, without regard to conflicts of law principles. The terms “hereof,” “hereunder,” “herein,” and words of similar import, are intended to refer to this INVITATION FOR BID as a whole and not to any particular provision or part.

15. RIGHT OF OWNERSHIP AND MARKETING OF INTELLECTUAL PROPERTY

AND INTELLECTUAL ASSETS SUBMITTED FOR THE INVITATION FOR BID (IF

APPLICABLE):

It is acknowledged and agreed that the only party with a right to market, trademark, patent, copyright, or any like right to any intellectual property or intellectual assets submitted in relation to the INVITATION FOR BID shall be and is solely vested in the State. This includes all intellectual property and intellectual assets related to both the written bid and the oral presentation (if needed) and any and all documents, pitches, products, media pitches, web screens, layouts, etc. produced for the written bid, any oral presentation (if needed), and any updates, changes, alterations, or modifications to or derivative works.

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SECTION 2: SCOPE OF WORK

The SCOPE OF WORK defined within the INVITATION FOR BID documents includes the following:

INVITATION FOR BID FORM

Exhibit A.1 General Provisions, Scope of Work & Special Provisions

A.2 Product Substitution Request Form

A.3 Bid Tabulation Form

Exhibit B.1 FF&E Allocation Matrix

B.2 FF&E Specification Document

B.3 FF&E Specification Drawing

B.4 Overall Floor Plan

Exhibit C Bid Worksheet

Bidding Conditions 7-2024

Each bidder is to provide as part of its bid a complete installation including all design, labor, materials, equipment, taxes, freight charges, furniture enhancements, project management, and supervision to deliver and install any and all of the selected furniture items awarded to the individual bidder within their bid and pricing.

It is the sole responsibility of each bidder to understand the site and delivery conditions. Deliveries must be scheduled with the Agency at least one (1) week in advance. Two (2) weeks’ notice of delivery is preferred.

Figure 1: Hathaway Building Location Diagram – Approximate Address 2305 Carey Avenue, Cheyenne, Wyoming 82001

In addition, each bidder shall comply with the following requirements and conditions as part of the required scope of work:

1. USE OF PREMISES

A. Use of Site and Parking Lot: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the work is indicated.

1. Limits: Confine installation operations to within the rooms and locations indicated on the drawings.

2. Occupancy: Allow for access through and use of the parking lot whenever possible.

3. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to State of Wyoming, State employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.

B. Use of Hathaway Building: Maintain existing building in a weather-tight condition throughout installation period. Repair damage caused by installation operations. Protect buildings and their occupants during installation period.

2. OCCUPANCY REQUIREMENTS

A. Full Occupancy: State of Wyoming will occupy adjacent floors during entire installation period.

Cooperate with State during installation operations to minimize conflicts and facilitate State usage.

Perform the work so as to not interfere with the State’s day-to-day operations. Maintain existing exits, unless otherwise indicated.

1. Maintain access to existing walkways, corridors and other adjacent occupied or used facilities.

Do not close or obstruct walkways, corridors or other occupied or used facilities without written permission from Agency and authorities having jurisdiction.

2. Provide not less than seven (7) days’ notice to Agency of activities that will affect State operations.

3. WORK RESTRICTIONS

A. On-Site Work Hours: Work shall be generally performed inside the existing building during normal business working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except otherwise indicated.

1. Weekend Hours: Requires prior approval from Agency’s representative.

2. Early Morning Hours: With approval.

3. Evening Hours (5:00 PM to 10:00 PM): With approval.

4. DELIVERY, STORAGE, AND HANDLING

A. The bidder shall take direction from the Agency, regarding receiving, handling and storage of materials and equipment, as well as all security, safety, fire, and other regulations. Drop shipment will not be allowed; all shipments must be accompanied by an on-site representative and installer.

B. The Agency shall ascertain the condition of all items delivered to the premises. Damaged and/or defective items will be rejected by the Agency and returned to the bidder to be replaced at the bidder’s expense, including handling and freight charges.

C. Store and protect accepted material in accordance with the manufacturer’s directions and recommendations.

5. INSTALLATION

A. Installation work shall be properly managed and supervised by employees who are thoroughly trained in the work involved.

B. Coordinate installation of large pieces with building access, including, but not limited to the size of door openings and elevator cabs. Where necessary, large pieces shall be delivered in sections and assembled on site.

C. Install units in accordance with plans and the manufacturer’s instructions. Completely unpack all items and securely anchor all components.

D. The selected bidder(s) shall provide all protection of interior and exterior surfaces to include walkways, floors, stairs, elevators, walls, doors, and door jambs. The Hathaway building has recently been renovated. The selected bidder(s) shall, before installation of furniture items, provide adequate protection of all building finishes, which will be reviewed and signed off by a representative of the Agency. Any and all damage to the building or building materials shall be the sole responsibility of the bidder. At the conclusion of the installation, and prior to final payment, an Agency representative will walk the Hathaway building with the bidder and determine if there is any damage caused by the installation. All damages will be settled prior to final payment between the State and the bidder.

E. Install wall-mounted components level, using proper fasteners to ensure maximum support.

F. Instruct Agency in the proper use of furniture and furnishing items. Place documentation of such instruction in close-out manuals.

6. ADJUST AND CLEAN

A. All packing waste is to be completely removed at the end of each day. It is the sole responsibility of the bidder to remove and dispose of waste each day. The State of Wyoming will not allow any packing or crating waste to be placed in State dumpsters or trash receptacles. The selected bidder(s) is responsible to clean each space worked in daily and shall be required to vacuum and wipe down areas as required to return the space to its initial condition each day.

B. Ensure that operating parts work freely and fit neatly. Adjust hardware and moving parts as necessary. Level all items as necessary. Bidder is to assure that adjoining items shall be in plane both vertically and horizontally.

C. Repair or replace damaged parts, dents, buckles, abrasions or other defects affecting appearance or serviceability so that furnishings are in undamaged condition at time of final acceptance.

D. Ensure that all product is clean, dusted, and ready for use.

7. PROJECT MANAGEMENT

A. Work with the Agency to verify layouts and products in attached Exhibit B.

B. Work with the Agency during the ordering process to verify quantities and finishes.

C. Work with the Agency during installation and manage the installation for the State.

D. Work with the Agency to schedule delivery times.

8. GENERAL CONDITIONS

A. All furniture and parts must be fully covered for the full term of the manufacturer’s published warranty. The published warranty must be at least ten (10) years in length and cover both parts and labor with no limitations. All labor and freight costs must be included in the warranty at no additional cost to the State of Wyoming.

B. The bidder must have and maintain one (1) or two (2) dedicated representatives available during regular working hours to provide customer service (phone calls, product/warranty questions, order placement, etc.).

C. The bidder must have and maintain one or two qualified service technicians on staff.

D. Installed delivery shall be defined as being completely assembled, delivered, set up and cleaned at the specific designated location within the building. The bidder shall provide all labor and material to accomplish set up and installation. The bidder shall provide an experienced installation team and manager to assure that installation will be professionally installed.

E. When repair or replacement of a chair or other furniture under warranty becomes necessary, the bidder shall act as a servicing agent for the manufacturer to remedy the problem. All repair/replacement work shall be coordinated by the bidder. All repair work must be complete within one (1) business week of initial notification. All defective products/components shall be replaced or exchanged by the bidder within seven (7) calendar days of the initial notification. If the furniture needs to be removed from the room where it is located, the bidder shall provide loaner furniture until repair or replacement can be completed. All repair/replacement work shall be completed at no cost to the State during the warranty period. The bidder is also required to have a sufficient parts inventory.

F. The bidder shall provide to the Agency a certificate of good standing from the Wyoming Secretary of State or other proof that the bidder is authorized to conduct business in the State of Wyoming before performing work under the contract. The bidder shall ensure that all annual filings and corporate taxes due and owing to the Wyoming Secretary of State’s office are up to date before signing the contract. Bidders may contact the Wyoming Secretary of State’s Office, Corporation

Division at (307) 777-7311 for assistance.

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