Kolf Indoor Track Repair Simplified Bids.pdf

REQUEST FOR BID (RFB)

FOR

Kolf Indoor Track Repair

Issued By

UNIVERSITY OF WISCONSIN OSHKOSH

RFB NUMBER: SP-24-310

November 6, 2023

PLAN DUE DATE: November 21, 2023 @ 2:00 P.M.

CDT THERE WILL BE NO PUBLIC OPENING

LATE PLANS WILL BE REJECTED

Facilities Management - PURCHASING UNIVERSITY OF WISCONSIN-OSHKOSH • 645 Witzel Ave • Oshkosh, WI 54902

Phone 920/424-2006 • Fax 920/424-0259

AGENT: Susan Poff (920) 424-2006

E MAIL: poffs@uwosh.edu

If NO BID (check here) and return.

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

DOA-3832 (C01/2018)

S. 16.72 WIS. STATS

STATE BUREAU OF PROCUREMENT

101 EAST WILSON STREET, 6TH FLOOR

P. O. BOX 7867

MADISON, WI 53707-7867

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).

Section 1: Bidder Information Bidder/Proposer Company Name: E-Mail Address:

Phone Number: Toll Free Phone: Fax:

Address:

City: State: Zip:

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:

Topic E-Mail Address Phone Bid/Proposal

Affirmative Action Plan

Orders and billing

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 similar to 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:

Address (including City, State, Zip):

Contact Person: E-Mail Address: Phone:

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

Company Name:

Address (including City, State, Zip):

Contact Person: E-Mail Address: Phone:

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

Company Name:

Address (including City, State, Zip):

Contact Person: E-Mail Address: Phone:

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

Company Name:

Address (including City, State, Zip):

Contact Person: E-Mail Address: Phone:

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

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 of 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 grated 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 grated 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 boycott of the State of Israel. 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 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: Title: Phone: Fax:

Signature of Above Date: Email:

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

UNIVERSITY OF WISCONSIN OSHKOSH

REQUEST FOR BID # SP-24-310

Kolf Indoor Track Repair

TABLE OF CONTENTS

PAGE

SECTION #1: SUBMITTAL INSTRUCTIONS

SECTION #2: GENERAL INFORMATION ................................................................................................................ 2-3

2.1 Background Information

2.2 Purpose

2.3 Scope

2.4 Definitions

2.5 Incurring Costs

2.6 Wisconsin eSupplier Portal Registration................................................................................................. 2-3

2.7 Campus Addresses

2.8 Parking

2.9 Promotional Materials/Endorsements

2.10 Energy Star

2.11 Reasonable Accommodations

SECTION #3: RFB PROCESS INSTRUCTIONS .................................................................................................... 4-5

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Calendar of Events

3.3 Site Visit

3.4 Late Responses

3.5 Contract Term

3.6 Proprietary Information

3.7 Method of Bid

3.8 Method of Award

3.9 Bid Review

SECTION #4: BIDDER QUALIFICATIONS

4.1 Bidder Information

4.2 Bidder Experience

4.3 Authorization

4.4 Client List/References

4.5 Minimum Order

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS ................................................................ 7-11

5.1 Firm Prices

5.2 On Site Service

5.3 Requirements for Criminal Background Checks ..................................................................................... 7-8

5.4 Timeliness of Completion

5.5 Additional Services

5.6 Payment Terms

5.7 Invoicing Requirements

5.8 Training ................................................................................................................................................... 8-9

5.9 Insurance

5.10 Performance Meetings

5.11 Subcontracting ...................................................................................................................................... 9-10

5.12 Travel per Diem

5.13 Activity Reports

5.14 Contract Termination .......................................................................................................................... 10-11

5.15 Record and Audit

5.16 Entire Contract

SECTION #6: SPECIFICATIONS ......................................................................................................................... 12-14

6.1 General Requirements

6.2 Cleaning and Disposal of Waste Material

6.3 Dust and Fumes Protection

6.4 Quality Assurance ............................................................................................................................... 12-13

6.5 Field Measurements

6.6 Safety

6.7 Personnel, Employment Practices and Staffing

6.8 Warranty

6.9 Employee Identification

6.10 Purchased Services – USA Requirement

6.11 Environmentally Friendly (“Green”) Product

ATTACHMENTS .................................................................................................................................................... 15-32 ATTACHMENT A BIDDER RESPONSE SHEET .................................................................................... 15-16 ATTACHMENT B DRAWINGS AND PICTURES .................................................................................... 17-24

ATTACHMENT C ITEMIZED BID LIST

ATTACHMENT D STANDARD TERMS AND CONDITIONS ................................................................... 27-30 ATTACHMENT E SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR SERVICES ......... 31-32

OSHKOSH, WISCONSIN

BID NO: SP-24-310

SECTION #1: SUBMITTAL INSTRUCTIONS

BIDS MUST BE DELIVERED TO:

Facilities Management-Purchasing, 650 Witzel Ave., Oshkosh, WI 54902.

NUMBER OF COPIES TO BE SUBMITTED:

Two (2) hard copies of the completed bids, including the signed original, may be mailed, delivered by Bidder, or by a third-party/courier service in a sealed envelope or package with the RFB number on the outside.

Bids must be received and date/time stamped prior to the stated bid due date and time. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

Bids may be dropped off at Campus Service Center, Facilities Management-Purchasing, Attn. Susan Poff, 650 Witzel Ave, Oshkosh, WI 54902, between the hours of 7:00 AM and 4:30 PM PRIOR to the due date and time.

Bids may be mailed to UW Oshkosh, Facilities Management – Purchasing, Attn. Susan Poff, 800 Algoma Blvd, Oshkosh, WI 54901.

E-MAILED RESPONSES WILL BE ACCEPTED.

If e-mailing, the University will accept completed bids to: poffs@uwosh.edu, provided (i) they are date/time stamped prior to the stated bid due date.

Submitting a bid to any other e-mail address than poffs@uwosh.edu does not constitute receipt of a valid bid by Facilities Management Purchasing Services. Proof of transmission doesn't constitute proof of receipt. E-mail submissions must be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures), or those pages that require signatures and/or initials must be signed and returned and must be received prior to the stated due date and time.

1.1 BID RESPONSE REQUIREMENTS:

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

1. Request for Bid Form (DOA-3832)

2. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet)

(Attachment A)

3. Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)

4. Itemized Bid List (Attachment C) mailto:poffs@uwosh.edu

BID NO: SP-24-310

SECTION #2: GENERAL INFORMATION

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID.

This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1 Background Information

Founded in 1871, University of Wisconsin Oshkosh is a regional public institution of higher education comprised of three campuses, and one of 11 comprehensive universities in the University of Wisconsin System. With campuses in Oshkosh, Fond du Lac and Menasha, UW Oshkosh serves more than 16,000 students and offers more than 110 certificate, associate, baccalaureate, master’s and doctorate degree programs in both traditional classroom and online settings. UW Oshkosh is a research-enhanced, comprehensive university that serves as the educational, cultural and economic engine for

1.2 million citizens in the region. Learn more about us: Oshkosh campus, Fond du Lac campus and Menasha campus.

2.2 Purpose:

The University of Wisconsin Oshkosh, hereinafter referred to as the “University”, through its Administrative Services-Purchasing Department, hereinafter referred to as “Purchasing”, is requesting bids Facilities Management for repairing the existing indoor track in the Kolf field house and must be completed and acceptable by NCAA code.

2.3 Scope:

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

2.4 Definitions:

The following definitions are used throughout this document:

Agent means UW Oshkosh representative responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Department means UW Oshkosh Facilities Management Purchasing means the Purchasing Department in Administrative Services responsible for the procurement of goods and services on UW Oshkosh campus, located at 236 Dempsey Hall, 800 Algoma Blvd, Oshkosh, WI 54901.

RFB means Request for Bid.

State means State of Wisconsin.

University UW Oshkosh and UWO all mean University of Wisconsin Oshkosh.

2.5 Incurring Costs:

The State of Wisconsin is not liable for any cost incurred by Bidders in replying to this RFB.

2.6 Wisconsin eSupplier Portal Registration

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/commodity. The State of https://uwosh.edu/about-uw-oshkosh/ https://uwosh.edu/uwfdl/about/overview/ https://uwosh.edu/uwfox/about/overview/

BID NO: SP-24-310

Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

2.7 Campus Addresses:

2.7.1 The UW Oshkosh Central Receiving Address is:

Central Receiving 645 Dempsey Trail Oshkosh, WI 54902

Any service involving delivery or pickup shall be made to or from University departments five days per week, Monday through Friday, from 7:00 a.m. to 3:30 p.m. unless negotiated otherwise.

2.7.2 Requested Repair Service Site:

University of Wisconsin Oshkosh Kolf – Field House 785 High Ave Oshkosh, WI 54904

2.8 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Oshkosh Parking Services located at Lower Level of Blackhawk Commons, Oshkosh, WI 54901 (920) 424-4455. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed. A map of the campus can be accessed here:

http://www.parking.uwosh.edu/maps/

2.9 Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

2.10 Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

2.11 Reasonable Accommodations:

University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If any alternate accommodations are needed, contact Susan Poff at (920) 424-2006.

https://vendornet.wi.gov/ http://www.parking.uwosh.edu/maps/

BID NO: SP-24-310

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this RFB must be in writing and reference the RFB number. Bidders are encouraged to e-mail Susan Poff (poffs@uwosh.edu) with their questions.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they shall have up until five (5) business days after the RFB issue date to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document.

Susan Poff UW Oshkosh Office of Finance and Administration - Purchasing

800 Algoma Blvd Oshkosh, WI 54901

Phone: 920-424-2006 E-mail: poffs@uwosh.edu

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which must have reasonably been known to the Bidder, then the Bidder shall submit a response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov and provided to all recipients of this initial RFB.

Any contact with University employees concerning this RFB are prohibited, except as authorized by the RFB manager during the period from date of release of the RFB until the notice of award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your RFB.

3.2 Calendar of Events:

Event Date RFB Release Date ............................................. November 6, 2023 Site Visit ............................................................. November 13, 2023 @ 1:00PM Written Questions due ........................................ November 13, 2023 Bids DUE BY: .................................................... November 21, 2023 @ 2:00 PM CST/CDT Contract start date: ............................................ November 2023 (estimated)

3.3 Site Visit:

Bidder must visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements of the project. The mandatory site visit will be held on Monday, November 13, 2023, at 1:00 p.m. in the field house in Kolf. The location for the site visit is at 785 High Ave. Failure to attend a mandatory site visit may disqualify your bid.

3.4 Late Responses:

Any response received after the time and date specified in Section 3.2 will not be opened or reviewed.

3.5 Contract Term

The initial term of this contract shall be date of completion through one year after date of award.

http://vendornet.state.wi.us/ http://publicnotices.wi.gov/

BID NO: SP-24-310

3.6 Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3832. Marking of the entire response as proprietary will neither be accepted nor honored.

The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0).

3.7 Method of Bid:

Bidder must submit a net total cost for the entire repair services as specified. Prices listed should be in US dollars unless otherwise indicated.

3.8 Method of Award:

Award(s) shall be made on the basis of the lowest net total cost which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

3.9 Bid Review:

Bids will be reviewed by UW Oshkosh to verify that they meet all specified requirements in this RFB.

This verification may include contacting references furnished in the vendor's bid, requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed product(s) and service(s), and reviewing results of past awards to the vendor by the State of Wisconsin. Vendors may not contact that State's reviewer(s) except at the State's request.

BID NO: SP-24-310

SECTION #4: BIDDER QUALIFICATIONS

To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified (respond on "Bidder Response Sheet".)

4.1 Bidder Information:

Bidder must complete DOA-3832 to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

4.2 Bidder Experience:

Bidder company must be in the business of providing Track Repair Services for similar systems and must have done so for the past five (5) years.

4.3 Authorization:

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item.

4.4 Client List/References:

Bidder must indicate on the DOA-3832 form with their bid a client list of THREE (3) firms to which similar services have been provided during the past three (3) years to a comparable sized institution or company. If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System or those references sought out independently of those submitted by bidder. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

4.5 Minimum Order:

Bids that require any minimum order quantity or dollar amount may be disqualified.

BID NO: SP-24-310

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices:

5.1.1 Prices must remain firm for one year from the date of the signed contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.2 Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 30 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor.

An acceptance of the price list change will be in the form of an amendment to the contract.

5.1.3 Price increases must be labeled with the contract number and should be submitted in the same format as the original Itemized Bid List. Any price increase requested that is not submitted in the proper format may be rejected.

5.2 On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation charges.

5.3 Requirements for Criminal Background Checks

Background Checks of Contracted Individuals This contract is contingent upon, prior to the commencement of services, the independent Contractor passing a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services. This background check will evaluate whether the individual has any pending charges or convictions that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to UW Oshkosh, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in the UW-System’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a University-sponsored activity, the Contractor shall also report to the UW Oshkosh Police Department or University Office for Equity and Diversity.

Background Checks of Contractors This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to UW Oshkosh, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to

BID NO: SP-24-310

a county social service agency as provided in the UW-System’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a University-sponsored activity, the Contractor shall also report to the UW Oshkosh Police Department or University Office for Equity and Diversity.

5.4 Timeliness of Completion:

Completion of the remodel project is desired on or before December 1, 2023 with an available start date of November 20, 2023. State on the Itemized Bid List your anticipated project completion date.

Timeliness of delivery may be used in evaluation for bid award.

5.5 Additional Services:

Additional related services may be added to this Contract at the discretion of Purchasing. Prices shall be consistent with the Contract prices for like services currently included in the Contract. Contractor should promptly notify Purchasing of new or discontinued services.

5.6 Payment Terms

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin Oshkosh. The University will pay the Contractor Net 30 days as accepted by the University.

5.7 Invoicing Requirements:

Invoices for Purchase Orders:

5.7.1 Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

• Contractor name

• remit to address

• purchase order number

• release number if given

• date of order/release

• item manufacturer’s name or abbreviation (if applicable)

• complete item description including catalog, model and/or stock number(s) identical to those stated in bid

• prices per the Contract

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to University Accounts Payable, P.O.BOX 2884, Oshkosh, WI 54903-2884 unless the customer identifies and establishes a different bill-to location.

5.8 Training:

BID NO: SP-24-310

If requested and/or applicable, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.

5.9 Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section

23.0. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract. Additional insurance coverage may be required by the State of Wisconsin.

Additional insurance requirements for this bid are as follows and a Certificate of Liability with appropriate coverage levels must be provided prior to beginning work:

Building Remodeling and Construction

Coverage Type Minimum Limit A. Worker’s Compensation REQ’D NO EXCEPTIONS B. Commercial General Liability Each Occurrence

$1,000,000

Gen. Aggr. Incl. Prdts/CO $2,000,000 C. Automobile Liability Combined Single Limit

$1,000,000

D. Contractor’s Pollution Liability (with 1 year extended reporting period) Each Occurrence $1,000,000 Aggregate $2,000,000

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile and Contractor’s liability policies. The certificate holder shall be listed as the University of Wisconsin- System Administration or System campus for their respective purchases.

If Contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice.

Contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as “claims”) occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of Contractor, its agents, employees, subcontractors or contractors.

5.10 Performance Meetings

The Account Representative and/or Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

5.11 Subcontracting:

5.11.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

BID NO: SP-24-310

5.11.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

5.11.3 Subcontractors must abide by all terms and conditions under this Contract.

5.11.4 If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

5.12 Travel Per Diems

All of the Contractor’s travel and per diem expenses (as applicable) shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose.

5.13 Activity Reports:

Contractor must be able to report on an annual basis all items/services purchased against this contract during the designated report period, including but not limited to:

• date of order/release

• item manufacturer’s name or abbreviation (if applicable)

• complete item description including catalog, model and/or stock number(s) identical to those stated in proposal

• prices per the Contract

5.14 Contract Termination

5.14.1 The University may terminate the Contract at any time, without cause, by providing 15 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.

5.14.2 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 failure to provide any of the Terms, Conditions or Specifications.

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

5.14.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 23.0, the University has the right to cancel and terminate the Contract without notice.

5.14.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University 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.

BID NO: SP-24-310

5.14.6 All notices of performance failure must be submitted in writing to Purchasing, 236 Dempsey Hall, 800 Algoma Blvd, Oshkosh, WI 54901. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.15 Record and Audit

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

5.16 Entire Contract

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Contract Award Letter B. Original Request Bid Number SP-24-310, dated November 6, 2023, including amendments/attachments C. Bidder response to RFB.

D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder.

BID NO: SP-24-310

SECTION #6 SPECIFICATIONS

6.1 General Requirements

6.1.1 The work consists of patching of the track surface to meet or exceed all current local and state codes, American Society of Testing Standards (ASTM), National Collegiate Athletic Association (NCAA), Wisconsin Intercollegiate Athletic Conference (WIAC), and Wisconsin Interscholastic Athletic Association (WIAA)

6.1.2 Contractor is responsible for coordinating the project timeline with the University and coordinate material delivery to site as needed.

6.1.3 Contractor is responsible for providing on-site representative to manage the repair and coordinate activities through the University’s representative to ensure a thorough and timely installation.

6.1.4 Contractor is responsible for coordinating, performing system testing and finalize punch list for project acceptance.

6.1.5 Work is typically to be done during normal working hours (7:00AM CST – 4:30PM CST), but arrangements can be made to work later and/or on weekends.

6.1.6 The Contractor shall provide all necessary labor, materials, supplies, equipment, and safety devices need to complete work.

6.1.7 The Contractor must use new product recently purchased and with sufficient shelf life to perform this work. The University reserves the right to request invoicing, age verification of product, and contact with suppliers to ensure the products utilized were not expired or not recommended for use.

6.1.8 Damage to existing facilities, caused by contactor, shall be the contractor’s full responsibility to repair to original condition.

6.1.9 Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

6.2 Cleaning and Disposal of Waste Material

6.2.1 The Contractor shall clean up the job site at the end of each day and at work completion.

6.2.2 All waste materials generated by the Contractor performing work under this contract will be disposed of off-site by the Contractor at the Contractor’s expense. Disposal of all materials must be in compliance with all Local, State, and Federal guidelines, regulations, and requirements.

6.2.3 No materials are permitted to be disposed of in University’s dumpsters.

6.3 Dust and Fumes Protection

6.3.1 The Contractor is responsible to take all reasonable precautions to prevent dust and fumes from entering other parts of the building including but not limited to sealing off intakes and doors. If the dust mitigates to adjacent areas or other parts of the building, the service provider is responsible for cleaning those affected areas.

6.4 Quality Assurance

6.4.1 Engage an experienced staff properly trained and with sufficient experience to ensure that all services provided under this contract are expeditiously and safely completed.

BID NO: SP-24-310

6.4.2 The Contractor agrees that the University Facilities Management department shall have the sole authority to determine that the work is properly done and may direct the Contractor to redo any work, at the Contractor’s expense, that is not to his satisfaction. The University may withhold partial or all payment until the work is completed to the satisfaction of the University Facilities Management department.

6.4.3 Any unforeseen issue must be reported to the University Facilities Management department immediately.

6.5 Field Measurements

6.5.1 It is the Contractor’s responsibility to verify all measurements, equipment and quantities for this contract.

6.6 Safety

6.6.1 Safety of students, staff, public and visitors is paramount in executing this contract. This Contractor should never compete with any University activities to continue/complete his work. If necessary, this Contractor will return to occupied areas after normal working hours.

6.6.2 All work under this contract must follow ALL state and federal environmental rules and regulations.

6.6.3 The Contractor responsible for ensuring the areas is secured to prevent personnel from entering the work area.

6.6.4 All work must be done in strict accordance with the manufacturer's specifications following all applicable OSHA and other safety regulations.

6.7 Personnel, Employment Practices And Staffing

6.7.1 Personnel relations of employees on the Contractor’s payroll shall be the Contractor’s responsibility. The Contractor shall comply with all applicable government regulations related to the employment, compensation of payment of personnel.

6.7.2 All employees of the Contractor, while on the job site, shall maintain appropriate appearance.

This shall include proper dress for the job (i.e. shirt and shoes to be worn at all times).

6.7.3 All employees of the Contractor shall maintain proper conduct in regard to personal actions and contact with students or staff members while on University property. This shall include limiting relations or interference with students or staff to circumstances required by the job.

This shall also include no drug and/or alcohol use and no profane language. Any employee of the Contractor engaging in improper conduct will be required to be permanently removed from the job site.

6.7.4 The Contractor will not engage the services of any person or persons employed by the University, without the written consent of the employer of such person or persons and of the University.

6.8 Warranty:

Contractor must provide a minimum warranty of one year on items and/or parts purchased under this contract Bidder must indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with bid.

6.9 Employee Identification:

All Contractor’s employees, while working on University property (as applicable), must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

BID NO: SP-24-310

6.10 Purchased Services – USA Requirement

The State of Wisconsin requires purchased contractual services to be performed in the United States (Wis Stats 16.705 (1r)). Contractor warrants that the services provided to the University under this contract will be performed in the United States.