State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: University of Wisconsin Milwaukee Purchasing Office Mail to: Deliver to: PO Box 777 Engelmann Hall Room 180 Milwaukee WI 53201 2033 E Hartford Ave Milwaukee WI 53211 REQUEST FOR BID H2-14-O REVISION NO. 1 REBID OF H2-04-O Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. Bids MUST be in this office no later than THIS IS NOT AN ORDER 8/3/11 2:00 PM CDT BIDDER (Name and Address) 8/22/11 2:00 PM CDT Name (Contact for further information) Date Howard S Shimon 7/21/11 Phone Fax 414-229-5212/4301 Email [email protected] 414-906-8406 Quote Price and Delivery FOB Destination E-MAIL AND FAX BIDS ARE ACCEPTED Item No. Quantity and Unit 1 LOT Price Per Unit Description Total Furnish labor, materials, tools and equipment for Scrap Metal Recycling at the University of Wisconsin – Milwaukee per specification. It is anticipated that the contract will be awarded on or around August 26, 2011. Initial Term of the Contract shall be August 26, 2011, through June 30, 2012, with up to four (4) additional one-year terms, beginning July 1 of each year, upon mutual agreement of the parties. Bidder must complete, sign and return this Request for Bid form in order for bid to be considered. Bidder must also provide all of the requested information in the attached Specification and Bid Proposal documents. Award will be made to the responsive, responsible bidder that provides the highest projected net revenue as determined by the University. Payment Terms Net 30 Days Earliest Start & Completion Dates We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (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, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also 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 will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date E-Mail Address: This form can be made available in accessible formats upon request to qualified individuals with disabilities. Phone ( Fax ( ) ) Internet (Web) Address: University of Wisconsin – Milwaukee Request for Bid H2-14-O (Rebid of H2-04-O) UWM Scrap Metal Recycling Specifications and General Conditions SPECIFICATIONS All specifications for the work are included in this document. Contact Kate Nelson per the instructions in ADDITIONAL INFORMATION, below, for technical information or questions relating to the specifications. SITE INSPECTION A site inspection is strongly recommended but not mandatory. The vendor meeting and subsequent site inspection is scheduled for July 28, 2011, at 10 AM, in room #138 of the University of Wisconsin-Milwaukee, University Services & Research Building, 115 E Reindl Way, Milwaukee, WI. University contact for vendor meeting is Kate Nelson, 414-229-1117. Submittal of a bid is considered presumptive evidence that bidder is fully aware of all conditions of contract and has made allowance for such in the bid price. METHOD OF BID Bidders shall submit a price to be paid to the University for each of the materials listed in III. BID PRICES of the SPECIFICATION FOR UWM SCRAP METAL RECYCLING. BID OPENING: Bidders are welcome to attend the public reading of the bids which will be held at the due date and time at the delivery address for the bid documents. BID EVALUATION Bids will be evaluated to verify that they meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the University. BID ACCEPTANCE Bids that fail to comply with instructions and specifications in this RFB may be rejected by the University. The University may request reports on a vendor's financial stability, and if financial stability is not substantiated may reject a vendor's bid. The University retains the right to accept or reject any or all bids, or accept or reject any part of a bid as deemed to be in the best interest of the University. The University shall be the sole judge as to compliance with the instructions contained in this RFB. Page 1 of 3 University of Wisconsin – Milwaukee Request for Bid H2-14-O (Rebid of H2-04-O) UWM Scrap Metal Recycling Specifications and General Conditions METHOD OF AWARD Award shall be made to the bidder that provides the highest projected revenue and lowest projected life cycle cost as determined at the sole discretion of the University. Required insurance coverage and references will be a factor in the award. ADDITIONAL INFORMATION Any technical questions should be directed to Kate Nelson by e-mail at [email protected] or telephone at (414) 229-1117. Any questions about the Bid Request are to be submitted in writing to Howard Shimon by fax at (414) 906-8406 or e-mail at [email protected] All communications regarding the Bid Request must reference Request for Bid H2-14-O. Questions of a general nature should be directed to Howard Shimon at (414) 229-5212. MINORITY BUSINESS PARTICIPATION The Contractor is encouraged to purchase services and supplies from minority businesses certified by the Wisconsin Department of Development, Bureau of Minority Business Development. Contractor shall include in the Bid any purchases of such supplies and services necessary for the implementation of the Contract. The contractor may obtain additional information from the Director of the MBE program (608-267-7806). MINORITY PREFERENCE The State of Wisconsin is committed to the promotion of minority business in the state’s purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state’s purchasing program. Bids from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. Page 2 of 3 University of Wisconsin – Milwaukee Request for Bid H2-14-O (Rebid of H2-04-O) UWM Scrap Metal Recycling Specifications and General Conditions VENDORNET The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the State. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site 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 e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive email notices of these simplified bid opportunities. The annual fee for this service is $125 ($65 for certified minority businesses and certified work centers). The fee is currently being waived. Page 3 of 3 SPECIFICATION FOR UWM SCRAP METAL RECYCLING I. SCOPE The University of Wisconsin-Milwaukee intends to issue an order for Scrap Metal Recycling. Currently the campus has regular pickups, as well as on demand, for sites and quantities as indicated in paragraph F, below, and in V. MAP OF PICKUPS. The University does not guarantee specific quantities with the amount of items fluctuating on a weekly basis. There will be regular and on demand pick up sites for our campus as follows: See V. MAP OF PICKUPS. UWM Physical Plant Services Contact: Kate Nelson, 414.229.1117 [email protected] Physical Plant Services PO Box 413 Milwaukee, WI 53201 University Services & Research Building- Regular Dumpsters and On Demand Pickups 115 E Reindl Way Glendale, WI 53212 UW-Milwaukee (All buildings except the Student Union) - On Demand Dumpsters 2200 E. Kenwood Blvd. Milwaukee, WI 53201 The University Services & Research Building (USRB) is the location where the bulk of the UWM metal recycling takes place/occurs. Regular pickups averaging 30 cubic yards will be scheduled bi-weekly at USRB. These pickups typically consist of scrap metal parts, metal furniture, motors and metal equipment. Specialty, single-source metals are segregated from general scrap (e.g., copper, aluminum). On demand dumpster pickups are sometimes required at the main UWM Kenwood campus. This usually occurs when a renovation project is underway and the waste consists of at least a 30-yd dumpster of scrap metal. Specialty, single-source metals are segregated from general scrap (e.g., copper, aluminum). UWM Student Union Contact: Sue Peterson, Manager of Auxiliary Contracts, 414.229.2865 [email protected] UWM Union-On Demand Pickups 2200 E. Kenwood Blvd Milwaukee, WI 53201 The UWM Union will be handled with a separate bill of lading and payment process. Pickups at this site will be scheduled when needed and in conjunction with other scheduled pickups on the campus. An individual check for the Union pick up must be submitted separately to the attention of Sue Peterson, Manager of Auxiliary Contracts, Room #336, 2200 E Kenwood Blvd, Milwaukee, WI 53201. All checks to be made payable to: The University of Wisconsin Milwaukee. Separate checks to UWM Physical Plant Services and to UWM Student Union are required. Each building where pickup is requested without use of a dumpster or other container provided by vendor will have a dock available for pick up. The UWM Student Union is one of these buildings. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed. Vendor must follow pick up schedule as determined and agreed upon by both parties. All onsite vendor vehicles must be clearly labeled with the vendor’s correct business logo and contact information. The successful vendor is responsible for obtaining all required permits (including parking) and licenses and bonds to comply with state regulations and county, state and federal laws. Successful vendor shall assume liability for all applicable taxes including but not restricted to sales, income and property taxes. Additional services related to this contract may be added via an amendment to this contract issued by the Purchasing Department. A. DEFINITIONS The following definitions are used throughout this Request for Bid: American Metal Market Journal means the daily newspaper of the metals industry, covering news and pricing information for corporate, purchasing and manufacturing management. Metal categories and types referred to in herein correspond directly to those given in the American Metal Market Journal. The basis for all contract pricing will be the American Metal Market Journal. Contractors should reference pricing at the time of the contract and over the life of the contract on the American Metal Market. Containers means metal dumpsters and roll-offs, etc. to hold scrap metal items. Contract Administrator means the UW-Milwaukee individual responsible for the administration and coordination of this contract. For purposes of a contract resulting from this Request for Bid, the Contract Administrator is Kate Nelson. Contractor means successful Bidder that is awarded the Contract. MBE means Minority Business Enterprise. Scrap Metal will include but not be limited to: all metal equipment, furniture, wire, or any scrap metal determined to be appropriate for recycling. State means State of Wisconsin. University means University of Wisconsin - Milwaukee (UWM). B. BIDDERS INFORMATION The purpose of this invitation to bid is to provide information and criteria to each bidder to enable them to submit pricing for this service. Vendors must currently be in the business of recycling scrap metals. Provide on company letterhead, a description of your operating plan for the removal and recycling of scrap metal. Include the equipment your company will use including trucks, trailers, and dumpsters. The University desires to recycle its scrap metal in a way that provides for timely and efficient pickups as well as the opportunity to reduce the environmental impact of transporting its recycled materials. For that reason, preference may be given to metal recycling vendors that operate and process within a thirty (30) mile radius of the University of Wisconsin-Milwaukee. The University reserves the right to inspect vendor's facilities and other service operations prior to the award of this plan. C. PERFORMANCE AND CONTRACT REQUIREMENTS Plan Response Costs: The University is not liable for any cost incurred by Bidders in replying to this RFB. Contract Terms and Conditions: This contract is for Recycling of Scrap Metal Products for the UW-Milwaukee and includes the Terms and Conditions for the Contract between the University and the successful Bidder (Contractor). Any proposed changes to a Term and Condition must be submitted with the Bid. The University, in its sole discretion, may modify any portion of the proposed Contract prior to final award and final contract signature. Term of Agreement: The initial term of this contract shall be August 26, 2011 or date of award, whichever is later, through June 30, 2012. This Contract may be renewed for up to four (4) additional one-year terms upon mutual agreement of the parties at least thirty (30) days prior to commencement of each such year. Space Requirements: Contractor shall occupy and use the premises of the University only for product recycling operations and at the discretion of the Contract Administrator. For those areas identified by the Customer for Contractor use, they will be kept clean “swept” by the Contractor. Additional Service Requirements/Conditions: The Contractor shall furnish all supplies, equipment, management, and labor necessary for the efficient operation of collection services of scrap metal included in this Contract. The Contractor shall provide scrap metal collection containers at sites specified in this RFB in sizes appropriate to each site; and shall provide them temporarily at additional sites as requested by the University; and shall transport scrap metal generated by the University. The Contractor shall provide new containers and pick up full containers within 24 hours of being contacted by the authorized site representatives. In the unlikely event that the University has a need to deliver University scrap metal to Contractor’s facility, Contractor shall be required to accept such delivery. A numbered weight slip must be given to University driver at time of delivery. The weight slip should include: date, weight of material, University truck number, and metal type. The contractor shall not issue checks to any University personnel at the time of delivery, but shall make one payment to the University with the monthly statement. The University's responsibility for materials ends when the materials are delivered to the Contractor's site and a receipt is issued. Equipment Requirements (For all locations unless identified otherwise) All containers shall at a minimum be placed so as not to jeopardize the health or safety of any person employed by the University or lawfully on University premises; and such containers shall be in accordance with the requirements of this RFB. All containers used to collect, store, or transport scrap metal from campus, (e.g. trucks, trailers, containers, dumpsters, etc.), shall provide for public, employee, and general safety, and present an aesthetic appearance subject to the sole judgment of the University. Where appropriate, containers shall be painted, lockable, labeled, or otherwise brought into conformity with University requirements. Any containers which the University deems not qualifying shall be replaced within 5 working days. The University and the Contractor shall mutually determine installation location of the required containers at new sites. The Contractor shall assume sole expense and risk to place, install and maintain all provided scrap metal collection containers. Contractor shall clean and service the provided containers. All installation and alterations to the existing space and facilities shall have prior approval of the University’s Contract Administrator, who will consult the University personnel in charge at each site where modification is proposed. During the Contract, the number of required containers shall be examined by the Contract Administrator and Contractor with the objective of providing the best possible service to eligible users. A scale must be located on Contractor premises, or accessible at an alternate location for timely use by the Contractor when needed, and must be under State of Wisconsin certification to ensure accurate gross and tare measurements. The scale must be able to accommodate large vehicles, such as multiple-axle dump-trucks fully loaded. The scale must have a means for generating certified weight slips for each weighing transaction. Removal of Equipment Upon Termination of Contract Upon termination or expiration of this Contract, Contractor shall vacate and return the premises to the University in the same condition as at the time the Contractor entered the premises, reasonable use and wear excepted. Contractor’s equipment not removed from the University locations within 10 days after written notice of termination to the Contractor may be removed and placed in storage by the University. Contractor shall assume all costs of removal, storage and product and revenue loss. To ensure the continuation of collection services, the Contractor shall honor the University’s request to extend the Contract to allow for delivery and installation of new equipment for start of the new Contract. D. PERSONNEL, EMPLOYMENT AND STAFFING Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following administrative support functions: 1. A Contract Administrator; to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract, who can consult with the UW Customers on current and future recycling efforts and programs, who can provide information to the University in regard to the Contractor’s Affirmative Action plans. 2. Contractors shall have in their employ, sufficient qualified and competent personnel to perform work promptly and in accordance with Contract requirements. 3. The Contractor, its officers, agents and employees, in the performance of this Contract shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the University. Contractor agrees that it shall take such steps as may be necessary to ensure that each subcontractor or contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer or partner of the University. 4. Contractor shall be responsible for personnel relations of its payrolled employees. Contractor shall comply with all applicable government regulations related to employment, compensation and payment of personnel. 5. Contractor’s personnel shall observe all regulations of the University. Failure to do so may be grounds for reassignment of the Contractors staff. E. VENDOR MEETING/SITE INSPECTION Vendor meeting will be held on July 28, 2011, at 10 AM, in room #138 of the University of Wisconsin-Milwaukee, University Services & Research Building, 115 E Reindl Way, Milwaukee, WI. Vendors are strongly encouraged to attend. Prospective bidders should contact Kate Nelson (see below) to confirm that they will be attending the scheduled meeting. A site visit will be given at the end of this meeting. Bidders are invited to inspect the sites completely prior to submitting a bid in order to determine all requirements associated with the contract. Failure to attend the meeting, visit the sites or to inspect adequately shall not relieve the bidder from the necessity of furnishing without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract. For questions on meeting or site inspection, prospective Bidders are to Contact: Kate Nelson, (414) 229-1117 E-mail: [email protected] Kate Nelson shall be the representative of the University responsible for administration of the contract and referred to herein as "the contract administrator”. Site Inspection of Contractors Facility(s): The University reserves the right to view the Contractor’s place(s) of operation and business during normal business hours with advance notice. F. BASIS OF BID EVALUATION Past UWM quantities average a 30yd dumpster full bi-weekly at the main pickup site, USRB. Special campus pickups average 6-12, 30yd dumpsters per year. Pickups at the UWM Student Union average 6, 8yd dumpsters full per year. Award will be made to the bidder that meets all requirements in this document and provides the highest projected revenue and lowest projected life cycle cost as determined at the sole discretion of the University. References may be a factor in determining the award. G. FIRM BIDS All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening. H. FIRM PRICES All prices shall remain firm for six months ninety (90) days from the effective date of the purchase order. After the initial six month ninety (90) day period, the parties upon mutual agreement may adjust the specific terms, commissions of this contract where circumstances beyond the control of either party require adjustments, but not to the detriment of the University. All adjustments shall be proposed in writing by the vendor to Jim Skorlinski, Manager of UWM Purchasing for approval 30 days prior to effective date. All contract amendments shall be issued by UWM Purchasing. The contractor agrees that items relative to these services which are not covered herein may be added to this bid and resulting contract by the University without voiding the provisions of the existing contract. Additional services shall be furnished to the University by the contractor with additional consideration as needed to make it legally enforceable. The contractor shall be financially responsible for obtaining all required permits, licenses (including parking), and bonds to comply with pertinent Board of Regents/University of Wisconsin System regulations, and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and property. The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation of the specified services included in this contract, subsequent extensions and amendments I. CONTRACT CANCELLATION This Contract may be terminated by either party for the following conditions: 1. After the initial term of the Contract, the University may terminate the Contract at any time, without cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the Contractor is liable only for payments for items/services provided or performed up to the date of the termination. 2. Should either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing by mail of such failure and demand that the same be remedied within 10 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 weight tickets as required, inaccurate reporting of weights, short paying for counts or weights of products recycled, overcharging for items requiring University payments to Contractor, failure to keep up to service requests, failure to provide service in agreed upon time frames, failure to provide payments on a timely basis, or failure to meet any of the Terms, Conditions, Specifications or Special Conditions of this RFB. 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. 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 Section L, below, of this RFB, the University has the right to cancel and terminate the Contract without notice. 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 inequity, to terminate this Contract by giving 10 calendar days notice in writing of such termination. 6. All notices of performance failure must be submitted in writing to Purchasing Office, University of Wisconsin – Milwaukee, P.O. Box 777, Milwaukee, WI 53201-0777. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department. J. EXCUSED PERFORMANCE If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused. K. INSURANCE In order for any contractor to perform work on University of Wisconsin Milwaukee premises, the contractor must provide a Certificate of Insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best Rating of A- or better, is licensed to do business in the State of Wisconsin, and is signed by an authorized agent. Coverage requirements are as follows: Coverage Type A. Worker's Compensation Minimum Limit REQUIRED-NO EXCEPTIONS B. Commercial General Liability General. Aggregate, Including $1,000,000 Products and Completed Operations Each Occurrence $1,000,000 C. Automobile Liability Combined Single Limit $1,000,000 D. If hazardous substance is involved: Contractor's Pollution Liability (With one year extended reporting period.) Each Occurrence $1,000,000 Aggregate $2,000,000 E. Additional Insured Provision: 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 pollution liability policies. The certificate holder shall be listed as the University of Wisconsin Milwaukee. The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors. All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the insurer and sent certified mail to the contract administrator at the specific institution, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period and shall be renewed by the contractor for each subsequent renewal period of the contract. In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination. In the event that the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The certificate holder shall be listed as the University of Wisconsin Milwaukee. The Certificate of Insurance should be sent to my attention at the Purchasing Office. Receipt of said Certificate by the University shall be a requirement of any Purchase Order issued to your company. Please contact Howard Shimon at 414-229-5212 or [email protected] if you have any questions regarding this requirement. We recommend that you discuss insurance requirements with your insurance agent or risk manager. If they have further questions, your insurance agent or risk manager may contact our Risk Manager at 414-229-5079. L. HOLD HARMLESS The Board of Regents of the University of Wisconsin System agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. The Board of Regents further agrees to hold harmless the Contractor, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the University of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats. The Contractor agrees to hold the University harmless from any loss, claim, damage or liability of any kind involving an employee, officer or agent of the Contractor arising out of or in connection with this Agreement except to the extent that it is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the University of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats. M. ELIGIBLE USERS Services shall be available to the specified on-site campus locations. Any additional users shall be identified to and approved by the Contract Administrator before services are provided by Contractor under this contract. N. NONDISCRIMINATION AND AFFIRMATIVE ACTION In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wis. Stats., or national origin. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination law. Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an "ineligible" Contractor, termination of the contract, or withholding of payment. O. CONTRACT CHANGES Amendments: For any modifications or changes to this Contract, amendments will be in writing and signed by authorized signatories of the Contractor and University. Assignment/Subcontracting: Contractor shall not assign or subcontract any of its rights or obligations under this Contract in whole or in part without prior written consent of the University. Any attempted assignment or subcontracting without consent shall be void and of no effect and may be cause for the termination of this Contract. Any subcontractors used will be the responsibility of the Contractor and they must provide products/services per the terms of the Contract. They must also meet the insurance requirements outlined above and be identified by the Contractor to the Contract Administrator prior to any work being done by them. II. PAYMENT, REPORT AND AUDIT REQUIREMENTS A. ACCOUNTING The contractor shall maintain complete and accurate records of scrap metal recycling transactions in accordance with accepted industry accounting practices and the records shall be kept in a safe place. These records will include financial records and statements pertaining to the Contract for a period of five years from the close of each year's operation. The Contractor shall make available such records for inspection by the University upon request. All losses incurred by the Contractor in the process of scrap metal recycling due to theft, fire, accident, protest and so on shall be the responsibility of the contractor. Any profit or loss from the operation of scrap metal recycling process shall be the Contractor's. B PAYMENTS The Contractor shall pay the University for each period's volume on or before the 20th day of the next month following the service month before. Checks shall be made payable to: The University of Wisconsin Milwaukee, and mailed to the receiving parties as noted in the above Scope. Payment must be accompanied with detail of transactions to include location, weight ticket for each load hauled, unit price per pound and total of payment due. Breakdown to include cost for metal, copper, stainless steel and so on per Section III. As provided in I. SCOPE, above, a separate check must be submitted on the same schedule for all volumes of recyclable metals picked up at the UWM Student Union. C. LATE PAYMENTS Payments not received by the University on the 20th day following previous month's service shall be paid by the Contractor plus an interest penalty on the payments due at the prevailing interest in place and used by the State of Wisconsin for delinquent income tax. Repeated late payments and transaction documentation will make the Contract subject to cancellation. D. REPORTS The Contractor shall provide the University a monthly statement showing the weight volume of product removed and payment due for the month and the total amount paid year to date. The statement for each month shall also include a summary page detailing the monthly payments made to each Contract participant. Final format for all reports will be mutually agreed upon by the Contract Administrator, Kate Nelson and the Contractor. E. STATEMENT REVIEW On request of the University the contractor shall meet with the University and review monthly statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Monthly statement adjustments required because of review and/or audit shall be identified and reflected on the next monthly statement. F. AUDIT All records relating to the Contract shall be open for inspection and/or audit by the State and/or University of Wisconsin – Milwaukee at any or all reasonable times. Nothing in this contract shall be construed to require the contractor to provide or perform any service or disclose any information that is illegal or contrary to applicable law or regulation. G. NORMAL OPERATING HOURS The contractor agrees to strictly conform to the normal operating hours of the activities on the premises and agrees that it shall not have any employees on the premises at other times except with the expressed written permission of the University. The contractor and the University administrator shall establish by mutual agreement, a written schedule of minimum operating hours for the year. Whenever possible the University will provide the contractor written advance notice of reduced building operating hours. Hours will be between 7:30 am and 4:30 pm, Monday through Friday. There will be no evening or weekend pickups. III BID PRICES Scrap metal items to include desks, chairs, file cabinets, shelving, etc $__________/# Clean aluminum items $__________/# Clean copper items $__________/# Insulated copper wiring $__________/# Clean stainless steel $__________/# Motors $__________/# Miscellaneous mixed steel or tin $__________/# The University does not guarantee any minimum quantity of any type of furniture or type of metal. In order for bid to be considered for award, bidder must provide a price for each and every category of material listed above. No computers or white goods will be included. IV. REFERENCES Provide name, address and phone number of contact person from at least three customers where you have provided this type of service in a satisfactory manner, as determined at the sole discretion of the University, for a minimum of 5 years to universities/groups of similar size to the UW Milwaukee. NOTE: References may be a factor in the award. 1. _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ 2. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 3. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ V. MAP OF PICKUPS Main pickups indicated by arrow. Other building site loading docks as needed. Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05) 1.0 2.0 3.0 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 State of Wisconsin. 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 State of Wisconsin 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. 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. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 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. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. 6.0 12.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 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. 14.0 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. 15.0 APPLICABLE LAW AND COMPLIANCE: 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 State of Wisconsin In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05) reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 20.0 applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the University shall provide the University a Certificate of Insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best Rating of A-, is licensed to do business in the State of Wisconsin, and signed by an authorized agent. The contractor shall: Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with Page 2 of 3 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The University reserves the right to require higher or lower limits where warranted. 23.4 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 liability policy. 23.5 All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the insurer and sent to the University Risk Manager, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period and shall be renewed by the contractor for each subsequent renewal period of the contract. 23.6 In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twentyone (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination. Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05) 23.7 24.0 25.0 26.0 In the event that the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 28.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. 30.0 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). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 2617577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses. 35.0 RELEASE OF INFORMATION: Contractor shall not report or release information concerning UWM or its students, employees or customers to third parties without UWM's prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., UWM's standards for safeguarding such information, and all other applicable laws regarding consumer privacy. PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 29.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. Page 3 of 3 State of Wisconsin Department of Administration Division of Agency Services Bureau of Procurement DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats. Supplemental Standard Terms and Conditions for Procurements for Services 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues. 2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement: 2.1 2.2 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition. 2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) 3.2 4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships. 5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency. 6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts. 7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances. He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state. Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state. The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.
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