University of Wisconsin - Madison REQUEST FOR BID AGENT: Vint Quamme Questions regarding this bid – see Section 3.1 THIS IS NOT AN ORDER Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the UW-Madison Purchasing Services. OFFICIAL SEALED BID NUMBER: 14-0025 ISSUE DATE: 12/18/13 DUE DATE: 1/21/14 For Submittal of Bid Instructions – see Section 1 Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible. 2:00 PM CST The bid abstract will be on file and is open to public inspection only after award determination has been made. If NO BID (check here) and return. Playground Equipment for UW Madison University Apartments Note: Mandatory Site Visit on January 14, 2014 at 1:00 PM see 3.3 for details. In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract 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 stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid. By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment. The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. COMPANY NAME: COMPANY STREET ADDRESS: COMPANY CITY, STATE & ZIP: SIGNATURE: DATE : TYPE OR PRINT NAME: TITLE: TELEPHONE NUMBER: ( ) FAX NUMBER: EMAIL ADDRESS: FEIN NUMBER: DUNS #: ( ) UNIVERSITY OF WISCONSIN BID NO.: 14-0025 TABLE OF CONTENTS SECTION #1: SUBMITTAL INSTRUCTIONS PAGE 1-2 SECTION #2: GENERAL INFORMATION 2.1 Purpose 2.2 Definitions 2.3 Wisconsin Sales and Use Tax Registration 2.4 VendorNet 2.5 Campus Delivery Requirements 2.6 Parking 2.7 Promotional Materials/Endorsements 2.8 Supplier Diversity 3-4 SECTION #3: RFB PROCESS INSTRUCTIONS 3.1 Clarifications and/or Revisions through Designated Contact 3.2 Applicable Dates 3.3 Site Visit 3.4 Method of Bid 3.5 Method of Award 3.6 Samples and Evaluation 5-6 SECTION #4: BIDDER QUALIFICATIONS 4.1 Bidder Contact Information 4.2 Bidder Experience 4.3 Authorization 4.4 Client List/References 7 SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS 5.1 F.O.B. Destination and Installed 5.2 On Site Service 5.3 Requirements for Criminal Background Checks 5.4 Timeliness of Delivery 5.5 Payment Terms 5.6 Shipments, Duplicates and Overshipments 5.7 Training 5.8 Insurance 5.9 Subcontracting 5.10 Staff Behavier 8-9 SECTION #6: SPECIFICATIONS 6.2 Warranty 6.3 Employee Identification 6.4 Environmentally Friendly (“Green”) Product 10 ATTACHMENT A BIDDER RESPONSE SHEET ATTACHMENT B SPECIFICATIONS ATTACHMENT C ITEMIZED BID LIST ATTACHMENT D VENDOR INFORMATION SHEET ATTACHMENT E CLIENT REFERENCE LIST ATTACHMENT F STANDARD TERMS AND CONDITIONS ATTACHMENT G DRAWINGS ATTACHMENT H CERTIFICATION OF SITE VISIT FORM 11-12 13-15 16 17-18 19 20-24 25-30 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 1 OF 31 INTRODUCTION SECTION #1: SUBMITTAL INSTRUCTIONS BIDS MUST BE DELIVERED TO: Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218. NUMBER OF COPIES TO BE SUBMITTED: Two (2) hard copies of the completed bids, including the signed original, may be mailed, delivered by Bidder, or by a thirdparty/courier service in a sealed envelope or package with the RFB number on the outside. Bids must be received and date/time stamped prior to 2:00 p.m. CST on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected. RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES If hand delivering, call 608-262-1526 when you arrive at Purchasing Services, Suite 6101 for assistance. If faxing or e-mailing, the University will accept completed bids faxed to (608) 262-4467 or e-mailed to [email protected], provided they are date/time stamped prior to 2:00 p.m. CST on the stated bid due date Submitting a bid to any other e-mail address than [email protected] does not constitute receipt of a valid bid by Purchasing Services. Proof of transmission doesn't constitute proof of receipt. E-mail submissions must be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures), or those pages that require signatures and/or initials must be signed and returned via fax (608-262-4467) and should be received prior to 2:00 p.m. CST on the stated due date. VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU LISTED ON THE REQUEST FOR BID FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL. RETURN ADDRESS LABEL: Below is a label that can be taped to the outside of your sealed bid response. If returning your bid response by mail or in person, please fill out the information and tape to the outside of your bid package. OFFICIAL SEALED BID NUMBER: 14-0025 DUE DATE: 1/21/14 TIME: 2:00 PM CST SHIP FROM: VENDOR NAME HERE: ______________________________________ ADDRESS: ________________________________________________ ________________________________________________ ________________________________________________ SHIP TO: UNIVERSITY OF WISCONSIN-MADISON PURCHASING SERVICES 21 N PARK ST, SUITE 6101 MADISON, WI 53715-1218 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 1.1 BID NO.: 14-0025 PAGE 2 OF 31 BID RESPONSE REQUIREMENTS: In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid. 1. 2. 3. 4. 5. 6. 7. Request for Bid Form (signed) Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A) Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B) Itemized Bid List (Attachment C) Vendor Information Sheet (Attachment D) Client Reference List (Attachment E) Certification of Site Visit form (Attachment H) UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 3 OF 31 SECTION #2: GENERAL INFORMATION Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract. 2.1 Purpose: The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," requests bids for the purchase of Playground Equipment. Scope: See Specifications and/or Itemized Bid List for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. The University of Wisconsin-Madison University Apartments locations have a number of playground installations in place. Recently some of these have been identified for replacement and have been removed. This bid process is being done to establish a contractor who can deliver and install properly the equipment identified. Game Time® products are being specified as the majority of existing and remaining installations are Game Time® products. The University will not accept bids for any other manufacturer’s products unless the bidder can show that all components can be interchanged with the existing Game Time® products. The University will not inventory more than one manufacturer’s parts or components with resulting storage and expense issues. 2.2 Definitions: The following definitions are used throughout this document: Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1. Bidder means a firm submitting a bid in response to this Request for Bid Contractor means successful Bidder awarded the bid. Department means UW-Madison Division of Housing. MBE means Minority Business Enterprise. DVB means Disabled Veteran-Owned Business. RFB means Request for Bid. State means State of Wisconsin. University and UW both mean University of Wisconsin-Madison. 2.3 Wisconsin Sales and Use Tax Registration: No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes (vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification. If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html 2.4 VendorNet: The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $50,000.00) as solicited by all state agencies. To obtain information on the state’s bidder registration, visit the VendorNet Web site at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area, call 264-7898. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 2.5 BID NO.: 14-0025 PAGE 4 OF 31 Campus Delivery Requirements: 2.5.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours unless alternate schedules are mutually agreed by the UW and the Contractor. 2.5.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx. 2.6 Parking: University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through the UW Madison Site Administrator. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed. 2.7 Promotional Materials/Endorsements: Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract. 2.8 Supplier Diversity 2.8.1 Minority Business Enterprise Program (MBE) 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. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. The supplier/contractor shall furnish information at least once per year, in the format specified by the University, about its purchases (including dollar amounts) from Wisconsin certified MBEs, and additional efforts made to achieve this goal. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. The listing is published on the Internet at: http://www.doa.state.wi.us/mbe/report2.asp?locid=0 2.8.2 Disabled Veteran Owned Business (DVB) The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 5 OF 31 SECTION #3: RFB PROCESS INSTRUCTIONS 3.1 Clarifications and/or Revisions through Designated Contact: All communications and/or questions in regard to this request should be in writing and must reference the bid number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFB, they have five (5) business days after the scheduled Bidder Conference/Site Visit to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document. All written questions will be responded to in writing and provided to all bidders. ADMINISTRATIVE: TECHNICAL: Vint Quamme UW Purchasing 21 N Park St, Suite 6101 Madison, WI 53715-1218 E-mail: [email protected] PHONE 608/262-1147 -- FAX 608/262-4467 Evan Quilling E-mail: [email protected] PHONE 608/262-0386 If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments and revisions will be provided to all recipients of this initial RFB. 3.2 Applicable Dates: Date Event December 18, 2013 Date of Issue of the RFB January 8, 2014 Written questions due January 14, 2014 Site Visit January 21, 2014 -- 2:00 PM CST RFB Due Date (Local Madison Time) 3.3 Site Visit: Bidder must visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements of the project. The mandatory site visit will be held on January 14, 2014 at 1:00 p.m. The location for the site visit is at University Apartments at Eagle Heights, 611 Eagle Heights. Contact Evan Quilling at (608) 262-0386 to confirm your attendance at the site visit. Failure to attend a mandatory site visit will disqualify your bid. In order for your bid to be considered, the attached Certificate of Site Visitation form (Attachment H), completed by the Bidder and signed by a Purchasing Services representative, should be submitted with your bid. Bidders who have already visited the site locations do not have to attend again. 3.4 Method of Bid: Bidder must submit a net unit price and extended net total for each item and a total price by lot as designated. Prices listed should be in US dollars unless otherwise indicated. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 3.5 BID NO.: 14-0025 PAGE 6 OF 31 Method of Award: Award(s) shall be made on the basis of the lowest net lot total(s) which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified. Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. 3.6 Samples and Evaluation: 3.6.1 In the event a Bidder bids alternate products to those listed, Bidder may be requested to submit a nocharge, sample(s) upon request after bids are opened for bid evaluation purposes or verification of item/service bid. 3.6.2 Samples required shall be delivered to the designated location no later than the date and time specified by the University. 3.6.3 Failure to deliver samples within time designated may disqualify your bid. 3.6.4 All samples provided by the Bidder(s) shall be evaluated by the University in an identical manner to determine whether the items/services bid conform with bid specifications. 3.6.5 Samples provided by the bidder and NOT meeting bid specifications shall be rejected and the bid submitted may be disqualified if the Bidder cannot provide a sample meeting specifications. 3.6.6 The Bidder will be notified in writing by the University to pick up samples, at the bidders’ expense, within 7 working days of date of such notification. Any samples not picked up in the designated time period may be disposed of as the University sees fit. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 7 OF 31 SECTION #4: BIDDER QUALIFICATIONS To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified (respond on "Bidder Response Sheet".) 4.1 Bidder Information: Bidder must complete the attached Vendor Information Form (Attachment D) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed. 4.2 Bidder Experience: Bidder company or its principals must be in the business of providing and installing Playground Equipment items/service and must have done so for the past three years. 4.3 Authorization: Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item. (On Bidder Response Sheet identify account number with manufacturer, as applicable.) 4.4 Client List/References: Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment E). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 8 OF 31 SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS 5.1 F.O.B.: All deliveries shall be FOB Destination and Installed. Delivery and installation charges and risk of loss shall be borne by the Contractor. Items are to be installed at UW Madison University Apartments, ______________ F.O.B. DESTINATION INSTALLED. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges, excluding any import/export costs. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel as identified. Failure to bid FOB DESTINATION INSTALLED, as identified above may disqualify your bid. 5.2 On Site Service: In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation charges. 5.3 Requirements for Criminal Background Checks Background Checks of Contractors This contract is contingent upon, Contractor supplying workers who have passed a criminal background check demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses. If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity. 5.4 Timeliness of Delivery: Delivery is desired on or before May 15, 2014. State if this requirement can be met. If unable to deliver by the stated date, indicate on the Bidder Response Sheet the earliest delivery date possible. Timeliness of delivery may be used in evaluation for bid award. 5.5 Payment Terms Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison. The University will pay the Contractor Net 30 days after receipt of invoice once accepted by the University. 5.6 Shipments, Duplicates and Overshipments: Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 9 OF 31 5.7 Training: If requested, Contractor must provide personnel with instructions on set-up, “best use”, maintenance and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications. 5.8 Insurance: The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon request. 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 the Contractor’s liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases. 5.9 Subcontracting: 5.9.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form. 5.9.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor Liquidated Damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones. 5.9.3 Subcontractors must abide by all terms and conditions under this Contract. 5.9.4 If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work. 5.10 Staff Behavior The University reserves the right to ask the Contractor to remove and not allow the return to the jobsite any employee(s) who behave unprofessionally or inappropriately at the job site or around the residents or staff located at the job sites. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 10 OF 31 SECTION #6 SPECIFICATIONS SPECIFICATIONS OF ITEMS/SERVICES TO BE PROVIDED: See Specifications and/or Itemized Bid List for the minimum acceptable specifications for items/services desired. If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items/services being bid. For alternate items/services being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model number. Failure to provide product specifications and information for items/services bid may disqualify your bid. The University will be the sole judge of equivalent acceptability between Bidders responses. UW Specifications may not be revised without an official written amendment issued by Purchasing. 6.1 Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired and the manufacturer’s items shown on the Itemized Bid List are currently being used at UW-Madison. The bidder may offer alternate items/services believed to be an equal. Any alternate items/services bid must be clearly identified by manufacturer, catalog, model or stock number. Adequate detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items/services offered should be included with your bid to establish equivalency. 6.2 Warranty: 6.2.1 Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with your bid. 6.3 Employee Identification: All Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required. . 6.4 Environmentally Friendly (“Green”) Product: Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 11 OF 31 ATTACHMENT A: BIDDER RESPONSE SHEET NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies. YES SUBMITTAL INSTRUCTIONS Have you included two complete set(s) of your bid? (only one (1) copy required if faxing or e-mailing) 1.1 Have you completed and returned all forms required? 3.3 Have you made the required Site Visit? 3.6 Will you meet all the requirements for samples and evaluation? 4.2 Are you in the business of providing Playground Equipment items/services and has your company or its principals done so for the past three years? 4.3 Are you an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item? 4.4 Have you provided a client list? (see Attachment E) 5.1 Are you bidding all prices F.O.B. Destination and Installed, delivery and installation charges and risk of loss borne by the Contractor? (Be sure to read Section 5.1 carefully) Country of Origin ___________________________________________ Shipping Point ____________________________________________ 5.2 Are you bidding all prices On Site Service? (Be sure to read Section 5.2 carefully) 5.3 Do you agree with the requirements for criminal background checks? 5.4 Can you meet delivery requirement? If not, state delivery time ____ days After Receipt of Order (ARO). 5.7 Will you provide instructions on set-up, “best use”, maintenance and operation as required? 5.8 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.8 and will you have added the following language to the insurance certificate?): “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” are added as an ‘additional insured’ under the commercial general, automobile and the Contractor’s liability policies on any insurance certificate provided. 5.9 Do you agree to subcontracting terms and conditions? 6.1 Are you bidding items as specified on the Itemized Bid List? If “NO”, include information on alternates as required in Section 6.1 with your bid response. NO UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 12 OF 31 YES 6.2 Will you honor manufacturer standard warranty? If YES, have you enclosed standard warranty documents? Warranty term: __________________ 6.3 Will you agree to have all employees wear appropriate identification? 6.4 Have you identified products that are made of recycled products that use environmentally friendly production methods, or that can be recycled at the end of their service life? NO UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 13 OF 31 ATTACHMENT B: SPECIFICATIONS The UW Madison is requesting bids for Playground Equipment to be installed at 3 locations. Note: 3 separate lists of items are needed for each location below along with site drawings attached (Attachment D). Please note that Game Time® products are being specified. (Note: Scope/Purpose) Bidders must identifiy by Yes or No whether their product bid meets or exceeds the specified item listed. For any alternate products bid, Bidder must identify the difference and the effect the alternate products would have on inventory and compatibility/interchangeability of products with existing Game Time® products in place at UW Apartments. ITEM 1 DESCRIPTION Location: Site 207, Option 2 Bay Swing Game Time® -Four Unit PrimeTech Arch Swing with 2 belt and 2 tot seats, Part RDU (1) 12583 – Primetime Swing Frame, 3 ½” Od (1) 12584 – Primetime Swing Add-A-Bay, 3 ½” Od (2) 8910 – Belt Seat 3 ½” Od (8910) (2) 8686 – Encl Seat 3 ½” (8696) MEET SPECIFICATIONS YES NO ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ 3 62 Cubic Yards Engineered Wood Fiber at 12” Depth Part #EWF-12B Game Time® -Geo-Textile 2250 Sq Ft Roll Part #161290 ______ ______ 4. Install – Game Time® – Mobilize to Location for Installation of Equipment ______ ______ 5 Install – Game Time® - Installation of 2 Bay 4 Unit Swing ______ ______ 6 Install – Installation of 62 cubic yards EWF and filter fabric ______ _____ 7 Demo Equip – Remove and dispose of existing equipment ______ ______ 8 Excavate – Remove and dispose of 10.5” depth of existing earth fpr 1245 sq. ft. area ______ ______ 9 Site Restoration – Site Restoration ______ _______ 10 Qty 103 - Concrete Border – Lin. Ft. – 6 “ Wide Concrete Curb x variable depth 12” to 20” ______ ______ 2 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 14 OF 31 ATTACHMENT B: SPECIFICATIONS (Continued) ITEM 1 2 3 DESCRIPTION Location: Site 610, w/Sway Bench-Opt for center sidewalk to remain Game Time® - Sway Bench Part #28028 Game Time® - Custom modular Prime Time and X-Scape Play Unit for Ages 5-12 RDU (1) G12023 – 3 ½” Uprt Ass’Y Galv 8’ (1) G12024 – 3 ½” Uprt Ass’Y Galv 9’ (2) G12025 – 3 ½” Uprt Ass’Y Galv 10’ (3) G12027 – 3 ½” Uprt Ass’Y Galv 12’ (2) 18201 - 36” Tri Punched Deck P/T (1) 18337 - 36” Tri Transfer Platform (1) 19008 - Transfer System w/Barrier (4’ Rise) (1) 19125 - Straight Zip Slide (6’) (1) 19162 - Crazy Eight Climber (6’) (1) 26058 - 3 Way X-Pod Step (1) 26066 - Laced Climbing Wall Attachment (1) 26069 – Rock Climbing wall Attachment (1) 26070 - Sail Climbing Wall Attachment (1) 26077 - Xcelerator (1) 26080 - Stretched Loop Ladder (1) 26085 - InVerticaled Trapeze Ring Overhead (2) 26091 - Single Link Cross Beam (11) 26094 – Triangular Shroud (1) 26095 – Hanging Pod Link (1) 26155 – PT Cross Beam (Connect PT to Xscape) (1) 178749 – Owner’s Kit Game Time® - Four Unit Prime Time Arch Swing with 2 belt and 2 tot seats (1) 12583 – Primetime Swing Frame, 3 ½” Od (1) 12584 – Primetime Swing Add-A-Bay, 3 ½” Od (2) 8910 - Belt Seat 3 1/2 “ Od (8910) (2) 8696 - Encl Seat 3 ½” (8696) MEET SPECIFICATIONS YES NO ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ 4 154 Cubic Yards Engineered Wood Fiber at 12” Depth Part # EWF-12” Depth ______ ______ 5. QTY 2 – Game Time –Geo-Textile 2250 Sq Ft Roll Part #161290 ______ ______ 6. Install GameTime – Mobilize to Location for Installation of Equipment 7. Install GameTime – Installation for custom Modular play unit ______ ______ ______ ______ 8. Install Game Time – Installation of 2 Bay 4 Unit Swing ______ ______ 9 Install Game Time – Installation of 154 cubic yards EWF and filter fabric ______ ______ 10 Demo Equipment – Remove and dispose of existing equipment ______ ______ 11 Excavate – Remove and dispose of 10” depth of existing earth fpr 3104 sq. ft. area ______ ______ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 15 OF 31 ATTACHMENT B: SPECIFICATIONS (Continued) ITEM 1 DESCRIPTION Location: Site 907, Option 2 Bay Swing Game Time® - Four Unit PrimeTime Arch Swing with 2 belt and 2 tot seats (1) 12583 – Primetime Swing Frame, 3 ½” Od (1) 12584 – Primetime Swing Add-A-Bay, 3 ½” Od (2) 8910 – Belt Seat 3 ½” Od (8910) (2) 8696 – Encl Seat 3 ½” Od (8696) MEET SPECIFICATIONS YES NO ______ ______ ______ ______ ______ ______ ______ ______ 2 62 Cubic Yards Engineered Wood Fiber at 12” Depth EWF-12B ______ ______ 3 Game Time – Geo-Textile 2250 Sq Ft Roll Part # 161290 ______ ______ 4 Install – Game Time® - Mobilize to Location for Installation of Equipment ______ ______ 5 Install – Game Time® - Installation for custom modular play unit ______ ______ 6 Install – Game Time® - Installation of 2 Bay 4 Unit Swing ______ ______ 7 Install – Installation of 62 cubic yards EWF and filter fabric ______ ______ 8 Demo Equip – Remove and dispose of existing equipment ______ ______ 9 Excavate – Remove and dispose of 8” depth of existing earth fpr 1245 sq ft area ______ ______ 10 Site Restoration – Site Restoration ______ ______ 11 Qty 102 – Concrete Border – Lin Ft – 6” Wide Concrete Curb x variable depth 12” x 20” ______ ______ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 16 OF 31 ATTACHMENT C: ITEMIZED BID LIST Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB. ITEM QTY. DESCRIPTION/LOCATION 1. Lot Site 207 Option 2 Bay Swing PRICE $________________ Manufacturer: Model No.: 2. Lot Site 610 W/Sway Bench-Opt for center sidewalk to remain $________________ Manufacturer: Model No.: _____________________________________ 2. Lot Site 907 Option 2 Bay Swing $________________ Manufacturer: Model No.: _____________________________________ TOTAL FOR ALL THREE SITES $________________ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 17 OF 31 ATTACHMENT D – VENDOR INFORMATION FORM VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE. 1. Company and Contact Information Company Name: Company Website Contact for questions regarding this Bid Name: Telephone: Fax Email Fax Email Fax Email Fax Email Fax Email Fax Email Contract Renewals / Problems Name: Telephone: Sales Representative Name: Telephone: Ordering / Expediting Name: Telephone: Returns Name: Telephone: Invoice Information Name: Telephone: Affirmative Action (see Section 17 in Standard Terms and Conditions) Name: Address: City/State/Zip: Telephone: Fax Email Supplier Diversity Reporting (see Section 2.8) Name: Address: City/State/Zip: Telephone: Fax Email UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 18 OF 31 VENDOR INFORMATION FORM CONT. 2. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, indicate below if you are a Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites: http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65). ____ Minority (MBE) ____ Work Center (WC) ____Disabled Veteran-Owned Business (DVB) ____ Woman Owned Business Enterprise (WBE) ___ Not applicable (If no answer is indicated above, we will assume that you are none of the above when making the award.) 3. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check √ all that apply.) ____________ LARGE BUSINESS (LG) ____________ SMALL BUSINESS (SB) ____________ VETERAN OWNED SMALL BUSINESS (VOSB) ____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) ____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE) ____________ SMALL DISADVANTAGED BUSINESS (SDB) ____________ WOMAN-OWNED SMALL BUSINESS (WOSB) 4. AMERICAN MADE: Wisconsin Statutes 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. “Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal 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 5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK (or similar), Vermiculite or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs). UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 19 OF 31 ATTACHMENT E - CLIENT REFERENCE LIST Bidder Name:____________________________________________________________________________________ The Bidder must provide a minimum of three (3) business references. 1. Reference Name: _____________________________________________ Contact: ___________________________ Address: _____________________________________________________________________________________________ Phone #: ( ) ____________________ E-mail address_______________________________________________________ Fax/Internet address:____________________________________________________________________________________ Description and date(s) of commodities and services provided: __________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ 2. Reference Name: _____________________________________________ Contact: ___________________________ Address: _____________________________________________________________________________________________ Phone #: ( ) ____________________ E-mail address_______________________________________________________ Fax/Internet address:____________________________________________________________________________________ Description and date(s) of commodities and services provided: __________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ 3. Reference Name: _____________________________________________ Contact: ___________________________ Address: _____________________________________________________________________________________________ Phone #: ( ) ____________________ E-mail address_______________________________________________________ Fax/Internet address:____________________________________________________________________________________ Description and date(s) of commodities and services provided: __________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s response. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 20 OF 31 ATTACHMENT F: STANDARD TERMS AND CONDITIONS 1.0 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 UW-Madison shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their bid/proposal. 2.0 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. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable. 3.0 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 University. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the right to increase or decrease quantities to meet actual needs. 5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 5.1 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. 5.2 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 University 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 industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 5.3 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). 6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act. 7.0 ACCEPTANCE-REJECTION: The University 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 interest of the State of Wisconsin. 8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University. No other purchase orders are authorized. 9.0 PAYMENT TERMS AND INVOICING: The University 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. 9.1 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. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address. 9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due. 9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 10.0 BID NO.: 14-0025 PAGE 21 OF 31 9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days. 9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact. TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code. 10.1 The University, an agency of the State of Wisconsin, 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 University 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. 11.0 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. 12.0 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 University. 13.0 APPLICABLE LAW: This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, 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. 14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 15.0 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 University. 16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218. 17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION: 17.1 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. 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. 17.2 Contracts estimated to be over fifty thousand dollars ($50,000) 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 fifty (50) 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. 17.3 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. 17.4 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. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 22 OF 31 17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes. 18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein guarantees the articles were manufactured or produced in accordance with 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 University (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. 19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety, and all applicable OSHA Standards. 20.0 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 to UW Safety Department, 30 East Campus Mall, Madison WI 53715-2609. 21.0 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. 22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall: 22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the work. 22.2 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. 22.3 The state reserves the right to require higher or lower limits where warranted. 22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A-, and signed by an authorized agent. A minimum 60 day cancellation notice is desired. 23.0 CANCELLATION: The University 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. 24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both goods and services in which the services component is worth $25,000 or more within any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United States Department of Health and Human Services, and their duly authorized representatives, access to the Contractor's books, documents and records until the expiration date of four (4) years after the approval of procurement activities. 26.0 PUBLIC RECORDS ACCESS: It is the intention of University 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. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 27.0 BID NO.: 14-0025 PAGE 23 OF 31 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 by Contractor. 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 (DOA-3027). 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. 28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), 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 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employee responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid/proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting contract(s). 30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with recycled content which meet specifications. 31.0 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. 32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies (University) 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 University. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, 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. 34.0 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. 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 24 OF 31 36.0 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. 37.0 CHILD ABUSE NOTIFICATION: Contractor, per Executive Order 54, is required to make a report of child abuse or neglect immediately if, in the course of service, the Contractor observes or learns of an incident or threat of child abuse or neglect, and the Contractor has reasonable cause to believe that child abuse or neglect has occurred or will occur. A report must be made personally or by telephone to UWPD. Reports are to be made to: Emergency Phone Number: 911. Non-Emergency Phone Numbers: UW Police Department 608-264-2677. 38.0 RELEASE OF INFORMATION: Contractor shall not report or release information concerning University of Wisconsin System or its campuses students, employees or customers to third parties without the University’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., University standards for safeguarding such information, and all other applicable laws regarding consumer privacy. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 ATTACHMENT G: DRAWINGS BID NO.: 14-0025 PAGE 25 OF 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 26 OF 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 27 OF 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 28 OF 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 29 OF 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715-1218 BID NO.: 14-0025 PAGE 30 OF 31 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53715 BID NO.: 14-0025 PAGE 31 OF 31 CERTIFICATION OF SITE VISIT SOLICITATION #14-0025 This certifies that ___________________________________ (Name of Representative) of _______________________________________________ (Name of Bidder’s Company) has visited the site on ______________________ (Date) for the project described in the specifications, toured the facilities, familiarized himself/herself with the facilities, and received the project briefing provided by the University. This completed document must be signed and dated by the University’s representative and returned to be considered for award. ___________________________________ (University Department Representative) _________________________________ (Signature of Purchasing Representative) ___________________________________ Date ________________________________ Date PURCHASING SERVICES University of Wisconsin-Madison 21 N. Park St., Ste 6101 Madison, WI 53715-1218 608/262-0059 (Fax) 608/262-4467 www.bussvc.wisc.edu [email protected]
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