RFQ Multicultural Mural.pdf

REQUEST FOR QUALIFICATIONS

FOR

Multicultural Mural Call for Artist

Issued By

UNIVERSITY OF WISCONSIN OSHKOSH

RFQ NUMBER: SP-20-34

February 3, 2020

PLAN DUE DATE: February 27, 2020 @ 2:00 P.M.

THERE WILL BE NO PUBLIC OPENING

LATE PLANS WILL BE REJECTED

FACILITIES MANAGEMENT - PURCHASING

UNIVERSITY OF WISCONSIN-OSHKOSH 650 Witzel Ave Oshkosh, WI 54902

Phone 920-424-2006

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:

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:

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 QUALIFICATIONS (RFQ) # SP-20-34

Multicultural Mural Call for Artist

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 Incurring Costs

2.5 Wisconsin eSupplier Portal Registration

2.6 Campus Delivery Requirements ............................................................................................................. 2-3

2.7 Parking

2.8 Promotional Materials/Endorsements

2.9 Reasonable Accommodations

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

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Calendar of Events

3.3 Oral Presentations, Product Demonstrations & Site Visits

3.4 Late Responses

3.5 Contract Term

3.6 Method of Award

3.7 Designs & Evaluation

3.8 Bid Review

SECTION #4: PROPOSER QUALIFICATIONS

4.1 Proposer Information

4.2 Proposer Experience

4.3 Ownership & Copyright

4.4 Proposer’s Responsibility

4.5 Client List/References

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS ................................................................... 7-9

5.1 Firm Prices

5.2 On Site Service

5.3 Timeliness of Completion

5.4 Payment Terms

5.5 Invoicing Requirements

5.6 Insurance

5.7 Performance Meetings

5.8 Subcontracting

5.9 Contract Termination

5.10 Entire Contract ........................................................................................................................................ 8-9

SECTION #6: SPECIFICATIONS.......................................................................................................................... 10-11

6.1 General Requirements

6.2 Cleaning and Disposal of Waste Material

6.3 Dust and Fumes Protection

6.4 Quality Assurance

6.5 Field Measurements

6.6 Safety .................................................................................................................................................. 10-11

6.7 Personnel, Employment Practices and Staffing

6.8 Employee Identification

6.9 Purchased Services – USA Requirement

6.10 Environmentally Friendly (“Green”) Product

ATTACHMENTS ..................................................................................................................................................... 12-24 ATTACHMENT A SPECIFICATIONS ...................................................................................................... 12-15 ATTACHMENT B BIDDER RESPONSE SHEET .................................................................................... 16-17

ATTACHMENT C ITEMIZED BID LIST

ATTACHMENT D STANDARD TERMS AND CONDITIONS ................................................................... 19-22 ATTACHMENT E SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR SERVICES ......... 23-24

UNIVERSITY OF WISCONSIN OSHKOSH RFQ NO: SP-20-034

OSHKOSH, WISCONSIN Page 1 of 31

SECTION #1: SUBMITTAL INSTRUCTIONS

BIDS MUST BE DELIVERED TO:

Campus Service Center, 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 RFQ 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 Room # 101A, 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 using USPS use the following address: UW Oshkosh, Facilities Management – Purchasing, Attn. Susan Poff, 800 Algoma Blvd, Oshkosh, WI 54901.

Bids may be mailed to using overnight or Fed Ex use the following address: UW Oshkosh, Facilities Management –

Purchasing, Attn. Susan Poff, 650 Witzel Ave, Oshkosh, WI 54902.

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 B)

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

4. Itemized Bid List (Attachment C)

5. Design submittal along with a description of the proposed mural. (Attachment A)

OSHKOSH, WISCONSIN Page 2 of 31

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, the University of Wisconsin Oshkosh is the third-largest university in Wisconsin. With a fulltime enrollment of more than 13,000 students and over 1,500 faculty and staff. UW Oshkosh offers 74 associate, baccalaureate and master’s degree programs in the colleges of Business, Education and Human Services, Letters and Science and Nursing. UW Oshkosh serves as the educational, cultural and economic engine for 1.2 million citizens of northeastern Wisconsin.

2.2 Purpose:

The University of Wisconsin Oshkosh, hereinafter referred to as the “University”, through its Facilities

Management-Purchasing Department, hereinafter referred to as “Purchasing”, is soliciting proposals from qualified vendors to create a multicultural mural. Vendors submitting Proposals (“Proposers or Bidders”) are required to read this Request for Qualifications (“RFQ”) in its entirety and follow the instructions contained herein.

2.3 Scope:

See Specifications (Section 6 and Attachment A) 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 Incurring Costs:

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

2.5 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 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.

2.6 Campus Delivery Requirements:

2.6.1 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.

https://vendornet.wi.gov/

OSHKOSH, WISCONSIN Page 3 of 31

2.6.2 The UW Oshkosh Mailing Address is:

UW Oshkosh 800 Algoma Blvd.

Oshkosh, WI 54901

2.6.3 Project Site Address:

UW Oshkosh Albee Hall 776 Algoma Blvd Oshkosh, WI 54901

2.7 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.uwosh.edu/map/

2.8 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.

2.9 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.

http://www.uwosh.edu/map/

OSHKOSH, WISCONSIN Page 4 of 31

ECTION #3: RFQ PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this RFQ must be in writing and reference the RFQ number.

Bidders are encouraged to e-mail questions to Susan Poff (poffs@uwosh.edu) in the Facilities Management Purchasing Office.

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

Susan Poff

UW Oshkosh Facilities Management - Purchasing 800 Algoma Blvd

Oshkosh, WI 54901

PHONE 920/424-2006

E-mail: poffs@uwosh.edu

If a Bidder fails to notify the Facilities Management Purchasing Office of an error in the RFQ 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 RFQ, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov and provided to all recipients of this initial RFQ

Any contact with University employees concerning this RFQ are prohibited, except as authorized by the

RFQ manager during the period from date of release of the RFQ until the notice of award is released.

Contacting anyone other than the Designated Contact(s) above may disqualify your RFQ.

3.2 Calendar of Events:

Event Date Request for Qualification Release Date ..................... February 3, 2020 Written Questions due ................................................ February 14, 2020 RFQ Due by: .............................................................. February 27, 2020 @ 2:00 PM CST/CDT Award Notification: ..................................................... March 14, 2020 (estimated) Contract start date: ..................................................... March 25, 2020 (estimated) Creation of Mural by Artist: ......................................... April 1-17 (3 weeks)

3.3 Oral Presentations, Product Demonstrations and Site Visits (Pre Award) The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

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 award through completion of project.

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

OSHKOSH, WISCONSIN Page 5 of 31

3.6 Method of Award:

Award(s) shall be made on the basis of best interest/ best judgement of the University based upon how well the bid submittal designs match with the scope of the project and the design concept. Bids must be within the project budget of under $5000.00.

3.7 Designs and Evaluation:

3.7.1 Bidder shall be required to submit a no-charge, non-returnable design(s) with the bid for bid evaluation purposes or verification of artist design.

3.7.2 Non-returnable design(s) should be clearly labeled as "sample" and should be identified with the bidder's name, bid number, due date and bid item number.

3.7.3 Once the contract is awarded, draft designs required shall be delivered to the designated location no later than the date and time specified by the University.

3.7.4 Failure to deliver designs and/or drafts within time designated may disqualify your bid.

3.7.5 All designs provided by the Bidder(s) shall be evaluated by the University in an identical manner to determine whether the design(s) delivered conform with bid specifications.

3.7.6 Design(s) and draft(s) provided by the bidder and NOT meeting bid specifications shall be rejected and the bid submitted may be disqualified if the Bidder cannot provide a sample meeting specifications.

3.7.7 All samples and drafts provided under this contract may become the property of the University.

3.8 Bid Review:

Bids will be reviewed by UW Oshkosh to verify that they meet all specified requirements in this RFQ. This verification may include contacting references furnished in the vendor's proposal, 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.

OSHKOSH, WISCONSIN Page 6 of 31

SECTION #4: PROPOSER 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 Proposer Information:

Proposer must complete DOA-3832 to identify designated contact people. All sections of this form must be completed.

4.2 Proposer Experience:

This call is open to an artist or a team who have the vision and skills required to complete the art feature commission to the highest standards of artistic innovative and technical expertise.

While specific experience is not explicitly required it should be noted that this art feature mural requires an individual or team with skills and experience commensurate with the responsibility of successfully completing an outdoor public artwork with a limited budget.

4.3 Ownership and Copyright:

Artists selected to create the art feature will be required to confirm in writing that they are the original creators of their designs, have not copied anyone else’s designs and that their design does not infringe on anyone else’s intellectual property rights.

4.4 Proposer Responsibility:

Proposer shall examine this RFQ and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the bidders to fulfill the requirements of the resulting contract.

4.5 Client List/References:

Proposer must indicate on 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.

OSHKOSH, WISCONSIN Page 7 of 31

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices:

Prices must remain firm for entire project 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.

5.2 On Site Service:

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

5.3 Timeliness of Completion:

Completion of the mural is desired on or before April 30, 2020 with an available start date of April 1, 2020. State on the Itemized Bid List your anticipated project completion date. Timeliness of delivery may be used in evaluation for bid award.

5.4 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.

5.5 Invoicing Requirements:

Invoices for Purchase Orders:

5.5.1 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.

5.6 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.

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.

5.7 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.

OSHKOSH, WISCONSIN Page 8 of 31

5.8 Subcontracting:

5.8.1 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.

5.8.2 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.

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

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

5.9 Contract Termination

5.9.1 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.

5.9.2 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.

5.9.3 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.

5.9.4 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 22.0, the University has the right to cancel and terminate the Contract without notice.

5.9.5 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.

5.9.6 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.

5.10 Entire Contract

A contract will be awarded based on the criteria established in this Request for Qualifications, including attachments and any amendments issued. The RFQ, 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-20-34, dated February 3, 2020 including amendments/ attachments C. Bidder response to RFQ.

D. Official Purchase Order (when applicable)

OSHKOSH, WISCONSIN Page 9 of 31 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 RFQ 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.

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SECTION #6 SPECIFICATIONS

SPECIFICATIONS OF ITEMS/SERVICES TO BE PROVIDED:

See Specifications (Section 6 and Attachment A) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired.

UWO Specifications may not be revised without an official written amendment issued by Purchasing.

6.1 General Requirements

6.1.1 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.

6.1.2 The Contractor shall provide all necessary labor, materials, supplies, equipment, and safety devices need to complete work unless otherwise stated.

6.1.3 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.

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

6.1.5 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 insure that all services provided under this contract are expeditiously and safely completed.

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.

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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 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.

6.9 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. The inability to perform services in the United States shall be grounds for disqualifying your proposal for this contract.

6.10 Environmentally Responsible (“Green”) Product:

Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

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ATTACHMENT A: SPECIFICATIONS

1. Introduction:

The multicultural mural initiative is a collaborative project that was formed from multicultural students coming together to have an open discussion about diversity, inclusion and their experience on campus. Through this open dialog, many students voiced their concerns for the lack of representation of diversity and various cultural groups in the curriculum, classroom, and artwork in common spaces and campus buildings. The number of multicultural students at UW Oshkosh has increased from 11% in 2014 to 16% in 2018. The university has made progress in increasing diversity on campus however there are limited representations of diverse artwork and cultural pieces and media on campus. As a result of this, students discussed putting up a multicultural mural that represents the diversity of the students at UW Oshkosh in a visible outdoor location. The group later created a task force led by multicultural students with the support of administrators and staff from various departments.

The mural will have a positive impact on campus and create a welcoming, inclusive and supportive environment for students and the campus community. With the continuous growth of students of color, the mural will not only serve as a symbol of diversity and inclusion, but also a representation of the various multicultural groups and identities on our campus. This project is supported by students, various student organizations, departments and offices.

2. Purpose/Objectives:

The purpose of the multicultural mural is to:

● Celebrate diversity, promote inclusiveness, and create a sense of belonging for underrepresented students and groups at UW Oshkosh

● Promote cultural appreciation and awareness for the general student body, campus and local community

● Promote the use of other forms of expression, such as art, to voice the university and students’ thoughts, ideas, and opinions

3. Scope of Project:

Artists are invited to submit a design along with a description of the proposed mural. The mural will consist of an image or design that will represent diversity at UW Oshkosh. This will be a welcoming, colorful/visual piece. We invite artists to create mural proposal ideas that represent this idea of diversity and inclusion. Ideas suggested by the taskforce have included:

4. Design Suggestions:

The following are ideas and symbols that have been generated that can help guide you in your processes to be inclusive of the groups who are helping to sponsor the mural (these are just suggestions, however, we encourage you to create your own design).

Design Concept 1 Symbolic images/designs from various cultures/diverse groups that come together to create a larger image/theme (images creating a larger image).

Design Concept 2 Symbolic images/designs from various cultures/diverse groups that come together to form a word or phrase (images inside word).

Example: Still We Rise

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5. Image Suggestions:

Hmong Culture ● Qeej (Hmong instrument)

● Paj Ntuab heart design

● Hmong embroidery design

Asian Culture ● Rice field

● Lotus flower

● Landscapes in Asia such as mountains

● Bamboo

Native American/ Indigenous People’s Culture

● Woodland Indian flower pattern

● Feathers

● Medicine wheel

● Turtle Island

Latino/a/Hispanic Culture ● Papel picado

● Vibrant colors – red/yellow/blue

● Words “Si se puede!”

● Piñata

● Maracas

● Pyramid

● Soccer

● Mayan calendar

● Loteria

● Traditional Hispanic/Latino board game with label “La Familia”

● Dancing/Music

● Monarch butterfly

African American Culture ● Kente

● Colors red, black and green (African flag colors)

● Fist (protesting injustice/resistance)

Multiple Cultures ● Languages – words in multiple languages – Spanish, Hmong, English, Italian (representation, solidarity, freedom, self-expression, compassion) including various slang & vernacular within various languages: African American vernacular, LGBTQIA slang, Puerto Rican Spanish, Patois, etc.

● Color orange, red and green representing life, healing and nature within LGBTQIA flag

● National animals or flowers (ex. Coqui frog from Puerto Rico, Vicuna from Peru, etc.)

● Rainbow

● Monarch butterfly

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6. Location:

The mural will be located on the east side of Albee Hall on the Oshkosh campus. It is important that the location of the mural is in a highly visible location. The east side of Albee Hall meets this vision for the location.

The size of the mural will be within the dimensions of 42’4” x 23’2”, which will align with the back doors of Albee Hall.

The campus Facilities Management Team will install several 4’ x 8’ primed, exterior grade plywood panels upon the brick facade of Albee Hall within the yellow hi-lighted section of the above image. It’s upon this surface the mural is intended. The overall size and layout of those panels is depicted here:

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7. Timeframe:

Once the contract is signed and a purchase order is sent the artist can start the project and finalize the design.

This will be done with the continued involvement of the multicultural organizations, co-sponsored student organizations, student representatives and with the support of various departments on campus.

The anticipated start date of the mural art piece will be April 1, 2020 with a completion date of April 30, 2020. With the dimensions mentioned above, we anticipate it will take between 3 days to 2 weeks to accomplish this public art project.

8. Mural Budget for Site Specific Work:

The total budget for the mural project is not to exceed $5000, which shall cover all costs associated with design, artist fees, conservation/maintenance review, fabrication, transportation, installation, presentation, applicable insurance required of the artist, tools, materials, labor and all related costs required for the completion and installation of the mural.

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ATTACHMENT B: BIDDER RESPONSE SHEET

NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

YES NO

SUBMITTAL INSTRUCTIONS

Have you included two complete set(s) of your bid?

1.1 Have you completed and returned all forms required?

3.7 Will you meet all the requirements for samples and evaluation?

4.2 Have you provided some examples of past experiences that would be similar to this mural project?

4.3 Did you provide confirmation that the submitted designs are the original creators designs, have not been copied and do not infringe on anyone else’s intellectual property rights?

4.4 Have you examined this RFQ thoroughly and understand the nature and scope of work required?

4.5 Have you provided a client list?(DOA-3832)

5.1 Do you agree to the firm prices?

5.2 Are you bidding all prices On Site Service? (Be sure to read Section 5.2 carefully)

5.3 Can you meet the desired completion date?

If not, state completion time ____ After Receipt of Order (ARO).

5.6 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.6 and will you add the following language to the insurance certificate?:

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents” are added as an ‘additional insured’ under the commercial general, automobile (and Contractor’s) [AGENT: CHOOSE] liability policies on any insurance certificate provided.

5.8 Do you agree to subcontracting terms and conditions?

6.1.4 Do you understand if any damage to existing facilities, caused by contractor’s employees or subcontractors is your responsibility to repair to original conditions?

6.2 Do you understand the importance of cleaning and disposal of waste materials within the job site?

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CONTRACTOR CONTRACT ADMINISTRATOR

A. Contractor Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following administrative support functions:

The Contract Administrator for the Contractor who is authorized to give the approvals required under this Contract is:

_______________________________________ (Name) _______________________________________ (Company) _______________________________________ (Address) _______________________________________ (Address)

PHONE ________________ -- FAX ________________

EMAIL _________________________________________

B. Contract Administrator to act with full authority on the Contractor’s behalf in all matters pertaining to the University.

Day- to-day operations will be handled by:

_______________________________________ (Name) _______________________________________ (Company) _______________________________________ (Address) _______________________________________ (Address)

PHONE ________________ -- FAX ________________

EMAIL _________________________________________

The Bidder certifies by submission…