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HomeMy WebLinkAboutFloorquest/Senior Center 2017 APRIL 10, 2012 12-163 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID FOR FLOORING REPLACEMENT FOR OSHKOSH SENIORS CENTER NORTH &SOUTH TO FLOORQUEST($28,949.00) INITIATED BY: PURCHASING WHEREAS, the City of Oshkosh has heretofore advertised for bids for new carpet tile in the North building and new vinyl plank flooring in the South building for the Oshkosh Seniors Center; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: FLOORQUEST 62 N. Rolling Meadows Drive Fond du Lac, WI 54937 Total Bid: $28,949.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 307-0760-7214-00000 Senior Center Project Fund - Building Improvements CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin 5490903-11130 130 City of Oshkosh OJHKQ/H TO Honorable Mayor and Members of the Common Council FROM Jon G.Urben,General Services Bureau Manager DATE: April 2,2012 RE: Bid for Flooring Replacement-Oshkosh Seniors Center BACKGROUND The carpet within the North and South buildings of the Oshkosh Seniors Center are in need of replacement. Purchasing,Facilities Maintenance and Seniors Center staff worked to develop bid specifications for new carpet tile in the North building and new vinyl plank flooring in the South building. The new flooring is in concert other aesthetic improvements underway in both buildings including new paint schemes and wall textures. Bid specifications were sent to area flooring providers. The bids were also advertised on NovusVendor and advertised in the local paper ANALYSIS Bids were received on March 23, 2012. The bid tab is attached. .After reviewing the bids it was the consensus of City staff that the low bid received from Floorquest met the bid specifications. FISCAL IMPACT The fiscal impact of this bid award is $28,949. There are adequate funds available in the Oshkosh Seniors Center building fund(A/N#: 307-0760-7214-00000)for this project. RECOMMENDATION City staff recommends the Common Council award this bid to Floorquest for $28,949. Please contact Oshkosh Seniors Center Director Mark Ziemer or myself if you have any questions. Respectful y Submitted, Approved: Jon G.Urben,General Services Bureau Manager City Manager nJ FLOORING REPLACEMENT OSC NORTH AND SOUTH BIDS OPENED MARCH 23, 2012 VENDOR INFORMATION TOTAL BID BID BOND COI Carpet land USA 1700 W South Park Ave $29,939.00 X X Oshkosh WI 54902 HJ Martin and Son 320 S Military Ave $33,375.00 X X Green Bay WI 54307 Floorquest 62 n rolling Meadows Drive $28,949.00 X X Fond du Lac WI 54937 Carpet Gallery&Flooring Center 245 S Washburn St $39,066.00 X X Oshkosh WI 54904 CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 11th day of April, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Floorquest, 62 N Rolling Meadows Drive, Fond du lac, WI 54937 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Desiree Boynton, Owner, Floorquest) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben, General Services Bureau Manager) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated March 1, 2012, attached hereto as Exhibit A, and the Contractor's "Project Bid Proposal Form"dated March 19, 2012, attached hereto as Exhibit B. Both Exhibit A and B are incorporated into this Agreement. If anything in the Contractor's proposal conflicts with 1 the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed by July 1, 2012. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $28,949, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever 2 which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated March 1, 2012 attached hereto as Exhibit A and fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR /CONSULTANT • By: s, it , LO r (Seal of Contractor (Specify Title) 3 if a Corporation.) BYD.e, .r ts� (3r11)17 -.- (Specify Title) CITY OF OSHKOSH Ki/ e, 4- )alki,' ,Al i ii Mark A. Rohloff, City Manager (Witness)tness) - , , P t 0,14(41:: ' � And: I l (Witness) Pamela R. Ubrig, City Clerk ` APPROVED: I hereby certify that the necess- ary provisions have been made to N pay the liability which will accrue .► - Ai 1 ' r under this contract. ity Attorney je04321- cYC-0-40 City Comptroller 4 1M UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS, that we FLOORQUEST LLC 62 N ROLLING MEADOWS D,FOND DU LAC,WI 54937 as Principal, hereinafter called the Principal, and the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF OSHKOSH 215 CHURCH AVENUE,OSHKOSH,WI 54901 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount Dollars ($5% ), for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for FLOORING REPLACEMENT FOR OSHKOSH SENIOR CENTER NORTH AND SOUTH OSHKOSH WISCONSIN NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of March ,20 12 FLOORQUEST LLC By (Seal) ( CIPAL) Larne Setft_ - (WITNESS) f' (TITLE) UNITED FIRE &CASUALTY COMPANY (Seal) �-I►� ,,//�� (SURETY) 1 ) / By /41 �C�ih•�� (WITNESS) (ATTORNEY-IN-FACT) Pamela Deanovich CONT 0001 0899 BID BOND-00013098 UNITED FIRE&CASUALTY COMPANY Bond# Home Office-Cedar Rapids, Iowa CITY OF OSHKOSH Certified Copy of Power of Attorney Obligee (Original on file at Home Office of Company-See Certification) 215 CHURCH AVENUE OSHKOSH,WI 54901 KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE &CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, consti- tute and appoint MITCHELL R KAHL,OR MICHAEL FOL,EY,OR PAMELA DEANOVICH,OR CHRISTINA LOEHR,OR JAMES WESTERGAARD,LYNDSEY WISNESKI,OR PAMELA K MCCARTHY,ALL INDIVIDUALLY of 39 SOUTH MARR STREET,PO BOX 950 FOND DU LAC,WI 54936 its true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: $10,000,000.00 and to bind UNITED FIRE& CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE At CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire July 1301;;2012 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, intment of Attorney-n-Fact."The President or any Vice president,or any other officer of the Company,may,from time to time,appoint by written cert�attorneys-in-face to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instru- ments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized henry;such signature and seal,when so used,being adopted by the Company as the ori inalsi na- ture of such officer and the original seal of the Company,to be valid and binding upon the company with the same farce and effect as • manually affixed,Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the • ...ny by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President,the :• rd of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE&CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this st fis ' mor6,y" 14th day of March 12012 _ o01U+oRATE c= UNITED FIRE&CASUALTY COMPANY By sE►s. �r /C7 � ""�r> ° a President ^' State of Iowa County. Of Linn,ss: On this 14th day of March ,2012 before me personally came Dennis Richmann to me known, who being by me duly sworn, did depose and say:that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY,the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A.Jansen j� Iowa Notarial Seat • Commissb number ber 713273 No Publ' My Commission Expires 10126/2013 My Commission expires October 26,2013. CERTIFICATION I, David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. this 14th In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company day of March ,2012 zee•` ,�� ems Oo- co><roawtsc • Sect 4POAOt141 102007 '',,�,4 h h Mr ,`,,• AcoRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘.....---'"- 03/13/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE.COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: Nolan Insurance Agency, LLC Nolan Insurance Agency, LLC PHONE 1 , 920-346-2241 (Am,No): 920-346-5600 112 East Main Street E-MAIL ADDRESS: sschmuhl @nolanins.com P. O. Box 238 INSURERS)AFFORDING COVERAGE NAIL M Brandon, WI 53919 INSURER A: West Bend Mutual INSURED 920-922-2006 INSURERS: FloorQuest, LLC & FQ Wholesale, LLC INSURERC: 62 N Rolling Meadows Dr. INSURER°: Fond du Lac, WI 54937 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE j sp POLICY NUMBER (INDOI YYYY) (MMMIID /DIYYYY) LIMITS GENERAL LIABIUTY EACH OCCURRENCE S 1,000,000 DAMAGE TO A X COMMERCIAL GENERAL LIABILITY CPS 1482576 00 10/01/2011 10/01/2012 pRREMSES(EaEaccurrence) $ 200,000 ICLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY s 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 s POLICY n JEY n LOC COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea accident) $ A X ANY AUTO CPS1482576 10/01/2011 10/01/2012 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED rBODILY INJURY(Per accident) $ AUTOS — NON-OWNED PROPERTY DAMAGE s HIRED AUTOS .__.. AUTOS (Per accident) - Orn $ Private O.d Prits P.... nad Autos 0/7 P... UMBRELLAIJAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESSLIAB CLAIMS-MADE CUS 0652662 09 10/01/2011 10/01/2012 AGGREGATE $ 5,000,000 DED I RETENTION S S WORKERS COMPENSATION x WC STATU- 0TH- AND EMPLOYERS UIBIIJTY TORY LIMITS I I FR A ANY PROPRIETOR/PARTNER/EXECUTIVE Ya NIA WKS0652661 10/01/2011 10/01/2012 E.L.EACH ACCIDENT S 1,000,000 (Mand$oryInNH)EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) II yes. SCRIPTION describe under E.L DISEASE-POLICY UNIT $ 1,000,000 DE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mere space Is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunters are additional insured on general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue Oshkosh, WI 54901 AUUTpHpOORGLEDREPRESENTATIVE 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD /J' i T A City of Oshkosh, Wisconsin del Invitation for Bids For Flooring Replacement Oshkosh Seniors Center North &South March 1, 2012 City of Oshkosh P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 www.ci.oshkosh.wi.us 1 Table of Contents Part A- Notice to Vendors and Standard Terms and Conditions 3 Part B- General Information 7 Part C- Specifications 9 Part D- Insurance Requirements 12 Part E- Contractor Qualification Form 13 Part F- Sample Contractor Agreement Form 14 Bid Proposal Form 15 2 Part A- Notice to Vendors City of Oshkosh Purchasing Division 1. Notice is hereby given that sealed bids will be received in the City Clerk's office, Room 104, City Hall, Oshkosh, Wisconsin for: Flooring Replacement- Oshkosh Seniors Center at 10:00 a.m. on March 23, 2012 at which time all bids will be publicly opened and read. 2. It is the bidder's sole responsibility to insure that the bid is timely and physically received by the City Clerk's office prior to the deadline set forth in this notice. 3. All bids must be submitted in an envelope sealed by the bidder or designated representative. All bids should be addressed to the City Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a sealed bid for: "Flooring Replacement- Oshkosh Seniors Center." Any bids not complying with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread. 4. Submission of bid documents by facsimile equipment or electronic mail (email) will not be accepted. 5. This notice establishes a time by which sealed bids must be physically received by the City Clerk's office. No bids will be accepted after that deadline. Under no circumstances will bids be accepted and read when submitted at the place of bid opening even if presented before that deadline. 6. The City is not responsible for bids submitted in any other way except those submitted in strict conformance with these instructions. 7. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening. 8. All formal bids submitted shall be binding for thirty-five (35) calendar days following the bid opening date, unless the bidder(s), upon request of the Director of General Services, agrees to an extension. 9. Please check the attached City of Oshkosh Insurance Requirements for any bid bond and/or performance bond requirements. If the bid is accepted, the bidder must execute and file the proper contract within ten (10) business days after award by the Common Council and receipt of the contract form for signature. In case the successful bidder shall fail to execute and deliver the Contract and Performance 3 Bond within the time limited by the City, the amount of the bid bond shall be forfeited to the City of Oshkosh as liquidated damages. 10. The City reserves the right to reject any and all bids and waive any informality in bidding. 11. For specifications and further information concerning this invitation to bid, contact Jon Urben, Director of General Services, Room 401, City Hall or telephone (920) 236-5100. PUBLISH: March 1, 2012 Mark A. Rohloff, City Manager 4 Part A- Standard Terms and Conditions City of Oshkosh Purchasing Division 1. SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The City of Oshkosh shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. All prices shall exclude any Federal Excise Tax or State of Wisconsin Sales Taxes as the City of Oshkosh is exempt from such taxes and will furnish an exemption certificate, if requested by the successful bidder. 2. DEVIATIONS AND EXCEPTIONS: 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 request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. Only proposals which are made out on the regular proposal form attached hereto will be considered. 3. QUANTITIES: The quantities shown on this request are based on estimated needs. The city reserves the right to increase or decrease quantities to meet actual needs. 4. DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 5. ACCEPTANCE-REJECTION: The City of Oshkosh reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the city. 6. ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 7. GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 5 . .. .. . ..._.. _.... 8. ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 9. APPLICABLE LAW: This Contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The City of Oshkosh reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 10. SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the City of Oshkosh must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission of Safety, and all applicable OSHA Standards. 11. MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 6 Part B- General Information The Oshkosh Seniors Center (OSC) is requesting bids from interested firms for the installation of carpet tile and unitary back commercial carpet at their OSC North building (234 N. Campbell Road) and commercial vinyl tile/plank at their OSC South building (200 N. Campbell Road). Mandatory Pre-Bid Walkthrough Meeting The City of Oshkosh will hold a mandatory pre-bid walkthrough meeting on March 8, 2012 at 9:00 a.m. beginning in the lobby of the OSC North Building, 234 N. Campbell Road, Oshkosh, WI 54901. The meeting will include a general overview of the project and a tour of both buildings showing the proposed flooring replacement areas. Each attendee's contact information will be gathered at this meeting. Answers to all questions submitted during this meeting will be shared to all known vendors according to "Part D- Proposed IFB Schedule" attached herein. Bid proposals from bidders that do not attend the mandatory pre-bid meeting will not be accepted. Interpretations Approved Equals and Addenda: Bidders may submit questions, comments or concerns at the Pre-Bid Meeting or by email. Inquiries made after the pre-bid may only be emailed by March 16, 2012 to Jon Urben at jurben(aci.oshkosh.wi.us. Any revisions or modifications to the bid document shall be emailed to all vendors that participated in the mandatory Pre-Bid Walkthrough Meeting. The specifications listed in this IFB are the minimum acceptable. The specifications are intended as non-restrictive. When not bidding on all particulars as specified, the bidder may offer that product to be an approved equal. All approved equals shall be pre-approved by formal written bid addenda. Request for approved equals and clarification of specifications must be received via email by end of business day on March 16, 2012. Any requests for approved equals must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is a sufficient alternate to the specification requirement. Failure to provide product information within the given time frame will result in disqualification of such requests. Method of Award Award shall be made on the basis of the criteria below. Award is anticipated to be made as soon as possible following review of bid documents and Oshkosh Common Council approval of decision. Bidders will be notified indicating award of the contract. In determining the successful bidder, evaluation will be based on the following critieria: 7 1. Cost: bids shall be reviewed on competitiveness of cost. 2. Warranty and proposed project schedule 3. Responsiveness: bids and other required submittals shall be reviewed on fulfillment of requirements established in this IFB. This includes meeting or exceeding minimum specifications or approved equals. This also includes all other requirements pertaining to the bid schedule and other required forms. 4. Responsibility/Qualifications: references and/or qualifications form shall be reviewed to determine a bidder's demonstrated ability to provide all products and services specified in this IFB. Insurance The successful bidder shall not commence work under this agreement until it has obtained all necessary insurance requirements under Part G- City of Oshkosh Insurance Requirements. Evidence of this insurance coverage shall be furnished as part of the bid submittal. Bid and Performance Bond See Part D- City of Oshkosh Insurance Requirements for any bid and/or performance bond requirements for this project. Contractor Qualification Form See Part E- City of Oshkosh Contractor Qualification Form. This form shall be furnished as part of the bid submittal. Contractor Agreement Template See Part F- City of Oshkosh Contractor Agreement. This is a sample template of the contractor agreement that will be completed with the successful bidder. Bidders do not need to sign or complete this form as part of their bid submittal. Contract Type Pursuant to the intent of this solicitation, all terms and conditions of this IFB shall become applicable in the resultant contract. The City of Oshkosh will enter into a firm, fixed price contract with the selected bidder. 8 Part C- Specifications Flooring Replacement: Oshkosh Seniors Center North and South The following are minimum specifications for flooring replacement at the Oshkosh Seniors Center North and South buildings. Bidder will note any deviations in their bid submittal. Part 1 General 1.0 Summary A. Provide all necessary labor, material, equipment, supervision, tools, submittals, coordination and accessories to complete the flooring replacements as described herein. B. By submitting a bid, bidder has examined all bid documents, is familiar with the buildings/site/conditions affecting the work, has a full understanding of all requirements and is capable of properly executing the work described herein. C. By submitting a bid, bidder has reviewed the sample contractor agreement and will agree to the requirements set forth therein upon award. D. Provide written warranties as part of the project closeout. Part 2 Execution & Products 2.0 Scheduling and Job Site A. OSC will clear all furniture and equipment from work areas described herein. B. Provide continuous clean up and disposal of waste and debris generated by this scope of work, including disposal costs. C.' Protect all materials stored on site as well as work in progress from damage by others. Damage resulting from improper storage, handling or during installation shall be the sole responsibility of the bidder. A. Awarded bidder will schedule removal and installation timeframes with OSC to minimize disruption of OSC programs, activities and services. 2.1 Scope of Work: Carpet Tile Replacement at the OSC North Building A. Remove and dispose existing carpet and vinyl base. B. Scrape and prep floor areas. C. Provide adhesive and install carpet, transition trims and 4"vinyl base. D. Carpet tile in the Main Area: (approximately 2,208 square feet). E. Carpet tile in the Sewing Room: (approximately 1,632 square feet). F. Carpet Tile Specifications: - Shaw Carpet Tile - Style Name: Fuse - Style #: 54520 - Color Name: To Intermix 9 - Pile Content: 100% Eco Solution Q Nylon - Warranty: 1 year warranty on installation, 10 year commercial wear warranty 2.2 Scope of Work: Unitary Back Commmercial Carpet at OSN North Building A. Remove and dispose existing carpet. B. Scrape and prep floor areas. C. Install carpet. D. Carpet in the Exercise Room: (approximately 720 square feet). E. Carpet Specifications: - Shaw Rambler Unitary Back Commercial Carpet - Style Name: Rambler 26 12' - Style #: Q3524 - Color Name: Seashell - Pile Content: Loop Pile Polypropylene - Warranty: 1 year warranty on installation, 10 year commercial wear warranty 2.3 Scope of Work: Vinyl/Plank Replacement at OSC South Building A. Remove and dispose existing carpet and vinyl base. B. Scrape and prep floor areas. C. Provide adhesive and install commercial vinyl/plank flooring, nine inset patterns and 4"vinyl base. D. Vinyl/Plank tile in Main Hallway and Reception Areas (approximately 2,304 square feet). E. Vinyl/Plank tile inset patterns: nine (9) approximately 3' X 3' (estimated 108 square feet total) diamond pattern insets distributed evenly throughout the main hallway/reception area. Positioning of insets to be determined by OSC personnel. F. Vinyl/Plank Tile,Specifications: Primary Tile Color and #: Mannington Nature's Path Windsor Oak Plank 3", color Honeytone, #12111 - Secondary (inlay) Tile Color and #: Mannington Nature's Path Heritage Cherry 4" Merlot, #12107 - Warranty: 1 year warranty on installation, 5 year Quantum Guard finish warranty, 10 year limited commercial wear warranty Part 3 Bid Schedule and Mandatory Bid Requirements 3.0 Proposed Bid Schedule A. The following schedule provides information on events and deadlines for this bid: Invitation for Bid Issued March 1, 2012 10 Mandatory Pre-Bid Walkthrough March 8, 2012 Deadline for Questions submittal March 16, 2012 QJA & amendments emailed to proposers March 19, 2012 Bid Submittal Deadline March 23, 2012 3.1 Mandatory Bid Requirements A. The following includes the mandatory forms and documentation for the preparation and submittal of bids. Failure to submit and complete all required documents may result in bid rejection. - Bid Proposal Form - Contractor Qualification Form Bid Bond - Certificate of Insurance 11 Part D-City of Oshkosh Insurance Requirements 12 OJHKOJH ON THE WATER Insurance Requirements for the City of Oshkosh Revised: December 21, 2011 Revised: March 31, 2011 Original: January 14, 2011 1/14/11 CITY OF OSHKOSH INSURANCE REQUIREMENTS I. CONTRACTOR'S INSURANCE WITH BOND AND PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY, BONDS&PROPERTY A . . Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury. limit $1,000,000 3. General aggregate limit(other than Products–Completed Operations)per project $2,000,000 4. Products-Completed Operations aggregate $2,000,000 5. Fire Damage limit-any one fire $50,000 6. Medical Expense limit—any person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of,or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products-Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol#1– Any Auto" basis. C. Workers'Compensation as required by the State of Wisconsin,and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime(Jones Act)or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. - 1 1/14/11 E. Aircraft Liability, "if'the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of$3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo: F. Property Insurance Coverage to be provided by the contractor, if the exposure exists. 1. The"property"insurance amount must be least equal to the bid amount, plus or minus any change orders. It must also include value of Engineering or Architect fees relating to the property. 2. Covered property will include property on the project work sites,property in transit,and property stored off the project work sites. 3. Coverage will be on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors will be added as named insureds to the policy. 5. Coverage must be written on a "special perils" or "all risk" perils basis. Coverage to include collapse. 6. Coverage must include coverage for Water Damage (including but not limited to flood, surface water, hydrostatic pressure)and Earth movement. • 7. Coverage must be included for Testing and Start up. 8. If the exposure exists,coverage must include Boiler&Machinery coverage. 9. Coverage must indude coverage for Engineers and Architects fees. 10. Coverage must indude Building Ordinance or Law coverage with a limit of at least 5%of the contract amount. 11. The policy must cover/allow Partial Utilization by owner. 12. Coverage must include a "waiver of subrogation" against any named insureds or additional insureds. 13. Contractor will be responsible for all deductibles and coinsurance penalties. G. Builder's. Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. H. Also,see requirements under Section 3. -2 1/14/11 I. Bond Requirements 1. Bid Bond. The contractor will provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. .. 2. Payment and Performance Bond. If awarded the contract, the contractor will provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's. execution. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A-and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile-Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS I SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A-and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh,and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must include Products-Completed.Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk -City of Oshkosh, - 3 ACC:PR CERTIFICATE OF LIABILITY..INSURANCE DATE(MM/DDIYYY) •THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATEDOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.... IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions'of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such.endorsement(s). - • - ' PRODUCER CONTACT Insurance Apsneytadaet • - NAME: • • • '. • • In/arLaaeton,Including street PHONE I Insurance Agent's ( AX• address and PO Boor X (NC:No.EoW: • I contact i fonnatWn. MC.No): - appYcsbh EaMAL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL e • - INSURER A: ABC Insurance Company .NAIC# INSURED - irsmadi nbrdaeth foraaam; NAIC# raaae,Bolin ass and INSURER a; XYZ Insurance Company . pie needn't: . INSURER c: LMN Insurance Company NAIC# INSURER D: I Steam fai must have a oedema A.M.Best radnp or A. I and a Rnandal P.rtwsanee Raring or N or NNW. INSURER E: - - _-- - INSURER F.: • - COVERAGES: .. CERTIFICATE NUMBER:• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY BE ISSUED OR MAY PERTAIN...THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR AO1. 5UBR POLICY EFF t;t POLICY' EXP LTR - TYPE OF INSURANCE NSR MD POLICY NUMBER IIMMIDOIYYY)• I (MMIODJYYY) I • LIMITS .• • GENERAL llABM fTY EACH OCCURRENCE $1,000,000 �I General Wetly eflectnsandopen*dab. DAMAGE S(EsDc ED•Ili[COMMERCIAL GENERAL LIABILITY 0 ❑ 'Policy I PREMISES(Ea occurrence) s 50,000 A [1q y s-ar.oE / OCCUR MED EXP(My one person) $5,000 O ISO FORM CG 20 37 OR EQUIVALENT. . I PERSONAL I ADV INJURY $1,000,000 ❑ iGENERALAGGREGATE r$2,000,000 • GEML AGGREGATE UMIT APPLIES PER: . 'PRODUCTS—COMP/OP AGG $2,000,000 'asou,•Y /I nu,,DC' I I ! $ . • AUTOMOBILE WlaITY 1 COMBINED SINGLE LIMIT I(Ei sodden$) $1,000,000 ANY AUTO ® ❑ • Ale Ueilry Pblq PionOor (Polity alleclee and WWI*,loci. BODILY INJURY(Per perms) .$$ • ALL owNED SCIiEDULED B AUTOS AUTOS ii BODLY NJURY(Per aoddwri) _$ PROPERTY DAMAf'E HIRED AUTOS AUTOS ED (Per accident) $ ❑ I $ r. UMBRELLA LIAR 0° ' ® ❑ I EACH OCCURRENCE $2,000,000 A EXCESS UAB CWMS�UDE UrnineNe LLileY Poltry Number IPslty effecd a and expiration date. AGGREGATE $2,000,000 DED I Ise j RETENTION t1 0,000 i I $ G. WORKERS COMPENSATION ❑ ❑ i I-� we STATLL OTH AND EMPLOYERS'LIABILITY ! TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE " E OFFICE/MEMBER EXCLUDED? - •YI- lNOAers C r n poky 'poky a�dA,and eq*atnn date.) ILL EACH ACCIDENT $100,000 (Mandatory in If yes,describe under ., IEL.DISEASE—EA EMPLOYEE $100,000 below DESCRIPTION OF OPERATIONS `E..L DISEASE—POLICY UMIT $500,000 ❑ ❑ ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Ranks Schedule,If More apace Is moulted) Additional Insureds-on aU Liability Policies arising out of project work shall be City of Oshkosh,and Its officers,council members,agents, employees and authorized volunteers. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department-These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been.given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER . CANCELLATION . - City of Oshkosh,Attn:City Clerk : Insurance Standard I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE XPIRATION DATE,2f5 church Avenue SAMPLE CERTIFICATE cc RDANCE WITH THE POUCYFPROVISIO SLL BE DELIVERED IN O os 1130 O 3 Oshkosh,' Please indicate somewhere on this Oosh,WI b4903=1130 certificate,the contract or project% AUTHORIZED REPRESENTATIVE this certificate Is fora .. - - -©1988-2010 ACORD CORPORATION. All rights reserved. Acord 25(2010105) The ACORD name and logo are regIstered marks of ACORD Part E- City of Oshkosh Contractor Qualification Form 13 CITY OF OSHKOSH CONTRACTORBIDDER QUALIFICATION FORM Company Information Company Name: Complete Address: Phone: Fax: State Contractor's License#: State Public Works Contractor's License#: Other Applicable Licenses: Union Affiliation: Work Trades Performed: Type of Company: [ ] Corporation [] Partnership [ ] Sole Proprietorship Federal Tax ID#: Company Contact: Email Address: Date Formed: Number of Employees: Salaried: Hourly: Bank Reference Lenders Name and Address Lending Officers Name and Phone Number Completed Projects List four(4)representative projects completed in the last five(5)years Project Name Contracting Company Contact Name/Phone# Contract Amount Current Projects List four(4)representative projects currently under construction Project Name Contracting Company Contact Name/Phone# Contract Amount Trade References List three(3)of your subcontractors or suppliers Company Name Address Phone# Contact Name Client References List three(3)clients Company Name Address Phone# Contact Name Other Information In the past five years has your company failed to complete a contract or had a contract terminated? []Yes []No In the past five years,has your company had any liens filed against it by any subcontractors or suppliers? []Yes []No Has your company ever had liquidated damages assessed against it?[J Yes []No Has your company or any of its employees been involved in a lawsuit related to a project?[]Yes []No Has your company been investigated for any violations of local,state,or federal laws? []Yes []No Has your company or any of its employee's been investigated for violation of any labor laws? []Yes []No Provide a detailed description of the circumstances behind any"yes"answers given above below: Part F- City of Oshkosh Sample Contractor Agreement 14 CONTRACTOR AGREEMENT THIS AGREEMENT, made on the day of MONTH, YEAR, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONTRACTOR NAME, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for Proposals or this document, the provisions in the Request for Proposals and this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (NAME, TITLE) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (NAME, TITLE) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Proposals and Proposal of the Contractor. The Contractor bid is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with the City's Request for Proposals, or this agreement. The Contractor shall provide the services described in its proposal attached hereto and incorporated herein by reference. 1 The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION All work to be performed under this contract shall be completed on or before DATE, MONTH, YEAR unless the parties agree in writing to extend this date. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the total sum of $X,XXX for describe project(s) here, adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any 2 violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project are identified on a separate document. ARTICLE VI. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH By: Mark A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. City Attorney City Comptroller 4 BID PROPOSAL FORM PROJECT: City of Oshkosh Flooring Replacement OSC North & South From: (bidder's company name) BID PROPOSAL DEADLINE: 10:00 a.m., March 23, 2012 (late submittals will not be accepted). Mandatory Bid Submittal Requirements Checklist: [ ] Bid Proposal Form [ ] Contractor Qualification Form ] Bid Bond [ ] Certificate of Insurance Addenda: Receipt of Addenda numbered of are hereby understood, acknowledged and included in bidder's bid proposal form. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount: TOTAL BID: $ Materials delivery date upon bid award notice: Installation timeframe for carpet: Installation timeframe for vinyl/plank tile: Date: Name of Company: Submitted by (name/title) Email address: Address of Company: Phone: 15 krn &?T /3 BID PROPOSAL FORM PROJECT: City of Oshkosh Flooring Replacement OSC North &South From: F1 OOrQUe (bidder's company name) BID PROPOSAL DEADLINE: 10:00 a.m., March 23, 2012 (late submittals will not be accepted). Man atory Bid Submittal Requirements Checklist: [ Bid Proposal Form [ Contractor Qualification Form V [ Bid Bond [ 4 Certificate of.Insurance Addenda: Receipt of Addenda numbered *4 of ` are hereby understood, acknowledged and included in bidder's bid proposal form. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount: TOTAL BID: $ 22 , 1 V 9 �-f3;d ■nciodss d d endue Materials delivery date upon bid award notice: &116 c-4- txtocir, g Qila .t► ` hfLay 5'0- Installation timeframe for carpet: , th kc e c (o s,ners dap Installation timeframe for vinyl/plank tile: rlesv Ao exu. l 5 oosu.oss dills Date: 3 I A`t1.., Name of Company: ___F\ Opx- C O k Submitted by: (name/title) DE ,cep Bovit)11 , OWnP.f Email address: U • nd' Address of Company: ?00 S . 14,e ,lerr -k--ce ' u;{-e. 8 Phone: (q20> n3 3200 15 CITY OF OSHKOSH CONTRACTOR/BIDDER QUALIFICATION FORM Company Information Company Name: F 100 r &oes Complete Address:300 S. 4(o�kke_r .Sc O51lkrs\N u)m 59/02. Phone:(q20)233.3200 Fax:C94(c51-1582. State Contractor's License#: I t 1 State Public Works Contractor's License#: Other Applicable Licenses: Union Affiliation: No Work Trades Performed: k OOctit Type of Company: [/Corporation[] Partnership [] Sole Proprietorship Federal Tax ID#: 2) -C)1'1 ba12 Company Contact: Q k eP, Eitoyn}n r Email Address: a";r-e.e©'c-ko occ;v4S - c1 e* Date Formed: s 12003 Number of Employees: Salaried: 13 Hourly: 1 t Bank Reference fkrS# &s �S Ear)14. 230 ()Vito Stre ,4L r ke, 220. Os i cGV. ,W t 54902, Lenders Name and Address Lz;A\ Q ,use, (SA 23(x- OSt+-t Lending Officer Name and Phone Number Completed Projects List four(4)representative projects completed in the last five(5)years Project Name Contracting Company Contact Name/Phone# Contract Amount 'P.:vesS r.ketilcaleAvox aretuckian C42oct1•$t 8400 /P/,000 Lon,:«. 01.1 nit.ii3Cc Lek Aiv NAke2laire,q,f niQ ckt-tA, [aw)g21-1830 XiSti,Ooo fO4 Vloos:m Aiwa. 0424:122.•Sao 19ty9,WO iber:1I Scinnt -(1 hV ch Ar,q S-hoed (42W12y-o(6i 174500 Current Projects List four(4)representative projects currently under construction Proiect Name , Contracting Company Contact Nam'./PhnnP# ('nnfrart Amount < .. 141604'0` . _ • eacIL 21>�0O :294 /P .a: Ear Ater'iec..1,.tut,pAjtS 100f141ua4r4 Cons+-r‘, `o+\ (`12o'92 t-9 404) ''/2.3,00C 4 • ,. ... .. •. -r • : 0 011 47100 Trade References List three(3)of your subcontractors or suppliers Company Name Address Phone# Contact Name e[' - • • .#o tl •r • e; M1-fi I - • 1?At (7ha6c P,tt,Et1�(G. . tL (nco01 • (Q�>R41. ()Liss v,,,,-t Shaw 1s1A&Ac.ies-11918 Cdkc lto.s CoeasR - Ort.t.,Ch:“,..y. t L t iotARS-4.(14:03-0215 Inc Client References List three(3)clients Company Name Address Phone# Contact Name 0:1 I.. ZaAQ3;oa�,-1219 no Rat Dr.e'.clj ,e,.-11 020\1420.70(03 tiC..., + 'l t e . St1wea� em i1-tc 0,1104--60t. Oc engltrarl Q5h1A(en1l,W1 (9&233-418`1 ( g $c,w043 Other Information In the pastfive years has your company failed to complete a contract or had a contract terminated? []Yes cif No In the past>lve years,has your company had any liens filed against it by any subcontractors or suppliers? []Yes No Has your company ever had liquidated damages assessed against it? []Yes [v No Has your company or any of its employees been involved in a lawsuit related to a project?[] Yes [XVo Has your company been investigated for any violations of local,state,or federal laws?[]Yes [ No Has your c mpany or any of its employee's been investigated for violation of any labor laws? []Yes [ANo Provide a detailed description of the circumstances behind any"yes"answers given above below: Nth