State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: 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. University of Wisconsin-Eau Claire Purchasing Office, Schofield Hall 102 105 Garfield Ave. Eau Claire, WI 54701 REQUEST FOR BID KM-1518 Bids MUST be in this office no later than THIS IS NOT AN ORDER BIDDER (Name and Address) August 9, 2015: 2:30 PM Name (Contact for further information) Karen McIntyre Date 715-836-5171 July 21, 2015 Quote Price and Delivery FOB Destination Item No. Quantity and Unit Fax bids are not accepted Price Per Unit Description Total University of Wisconsin-Eau Claire is accepting bids for Transportation Service. Service will be provided between campus, Kjer Theatre 1602 Park Avenue and the Children’s Center Located at 1190 Priory Road, Eau Claire WI Bids will be accepted per the attached: Special Conditions of Bid Standard Conditions of Bid Itemized Bid Form Technical Questions Contact: Kim O’Kelly Parking and Transportation, Phone: 715-836-4325 Payment Terms Delivery Time 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 Phone ( Fax ( Federal Employer Identification No. This form can be made available in accessible formats upon request to qualified individuals with disabilities. ) ) Social Security No. if Sole Proprietor (Voluntary) Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 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 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. 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. 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. 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 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. 6.0 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 industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 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). 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, 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. 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. 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. 12.0 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. 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 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 feder al 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 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. 20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin 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 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 State of Wisconsin shall: 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 state reserves the right to require higher or lower limits where warranted. 24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. 25.0 Wisconsin. VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of 26.0 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 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 (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, 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. 29.0 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) 261-7577. 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 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. 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 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; 2.2 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) 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. 3.2 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. 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 fulltime 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. The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or document s 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. . STATE OF WISCONSIN DOA-3027 N(R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal # KM-1518 includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. We request that the following pages not be released Section Page # Topic ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS. Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above. Company Name ___________________________________________ Authorized Representative ___________________________________________ Signature Authorized Representative ___________________________________________ Type or Print Date ___________________________________________ This document can be made available in accessible formats to qualified individuals with disabilities Division of State Agency Services State Bureau of Procurement State of Wisconsin Department of Administration DOA-3333 (R03/2004) Vendor Agreement Wisconsin’s Cooperative Purchasing Service Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats. Interested municipalities: will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor. The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases. The State of Wisconsin will determine the contractor’s participation by checking a box below. MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below. OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract. A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities. Vendor: please check one of the following boxes in response. I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below. I Do Not Agree to furnish the commodities or services to Wisconsin municipalities. Special Conditions (if applicable): Signature Date (mm/dd/ccyy) Name (Type or Print) Title Company Telephone ( Address (Street) Commodity/Service City State ) ZIP + 4 Request for Bid/Proposal Number This form can be made available in accessible formats upon request to qualified individuals with disabilities July 212015 University of Wisconsin-Eau Claire RFB KM-1518 Transportation Service between Campus and University Children’s Center Special Condition of Bid 1.0 Scope The University of Wisconsin-Eau Claire is interested in contracting for transportation services for faculty, students and staff between Kjer Theatre, 1602 Park Avenue, on campus and University Children’s Center located at 1190 Priory Road, Eau Claire WI. Schedule is attached following the specifications of bid. Ridership is relatively unknown due to an increase in students residing at the Priory so the contractor receiving an award must offer the flexibility to increase or decrease trips between locations. If it is found that usage would increase so that additional or larger capacity vehicles are necessary the contractor must have the ability to provide either. Conditions of bid, which include the word “must” or “shall” describe a mandatory minimum requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, purchasing reserves the right to delete that specification, condition of bid or item. Failure to meet a mandatory requirement could disqualify your bid. All correspondence regarding this bid must refer to Bid # KM-1518 No revisions to this bid may be made unless in the form of official written addendum issued by the University of Wisconsin-Eau Claire Purchasing Services office. Retain a copy of your bid response for your file. If a contract is developed from this request for bid, these documents will become terms and conditions of the contract. Minority Business Participation: The University of Wisconsin-Eau Claire is committed to the promotion of minority business in the State’s purchasing program and a goal of placing five (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), 16.755 and 560.036(2). A listing of certified minority businesses, as well as services and commodities they provide is available from Department of Commerce, Office of Minority Business Development, 608-261-7729. Questions regarding certification of minority businesses should be directed to DOA Minority Business Program at 608-267-7806. Affirmative Action: As a State agency, the University requires contractors issued a purchase order exceeding $50,000.00 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. For additional information see section 19.0 of the Standard Terms and Conditions. Some exceptions may apply, and instructions for completing a plan are available upon request. 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 or 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 VendorNet: The State of Wisconsin has implemented a registration service on an internet system called “VendorNet” to enable vendors to receive notice of all official sealed bids/proposals (over $25,000.00) as solicited by all state agencies. To obtain information on the state’s bidder registration, please 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, please call 264-7898. 2.0 Contract Term: September 2, 2015 through June 30, 2016. If agreed to by both parties to this contract the University may extend this contract for two (2) one-year extensions. 3.0 Contract Termination: The University may discontinue the contract, in whole or in part, without penalty at any time due to nonappropriation of funds. The University may cancel the contract for breach of any terms or condition of this contract or failure to perform the service as specified in this contract and the successful proposer’s response. The University shall provide ten (10) calendar days written notice of the contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving sixty (60) day notice in writing of its intention to cancel the contract. Should the University breach any terms or provisions of the contract, the contractor may serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving sixty (60) day notice in writing of its intention to cancel the contract. The contract shall include two parties; the State of Wisconsin, Board of Regents of the University of WisconsinEau Claire, hereafter referred to as the “university” and the successful bidder hereafter referred to as the “contractor” for the provision of shuttle transportation services according to the terms set forth therein. The contract may not be assigned by either party. The University reserves the right to immediately terminate the contract if it is assigned. If at any time the Contractor performance threatens the health/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 with the Contractor without notice. Failure to maintain the required Certificates of Insurance, Permits and License shall be cause for Contract termination If Contractor fails to maintain and keep in force the insurance as provided in the bid Special Conditions of Bid number 11.3, the University has the right to cancel and terminate the Contract without notice. 4.0 Firm Prices and Discounts: Prices accepted for this contracted service shall remain constant through the contract period if there are no changes made to schedules or vehicle requirements. If such changes are requested by the University Department of Parking and Transportation prices will be negotiated to the agreement of both parties. Prices established may be lowered due to changes in general market conditions or negotiations between the Contractor and the University. In the event there is a substantial increase in the cost of fuel, the University will accept an increase in the Contract pricing based on documented price increase and its effect on the cost of service. A substantial increase is defined as a 25% or more increase in fuel costs over a two month period. However if there is a substantial decline in the cost of fuel, the Contract pricing must be decreased accordingly. The bench mark will be the cost of fuel on August 1, 2015. Enter your cost on this date on the Itemized Bid Form. The intent of this paragraph is to provide a fuel pricing mechanism between the awarded vendor and the UW-Eau Claire and to avoid “floating” prices for service. Acceptance of the price increases shall be in the form of an amendment to the contract publication. Note: Prices per contract must remain firm. However, in situations where routine or ongoing services are being requested or for large service requirements, Contractors can offer better than Contract rates. Price increases must be labeled with the contract number and should be submitted in the same format as the original Itemized Bid Form. Any price increase requested that is not submitted in the proper format may be rejected. 5.0 Method of Bid: Bidder will provide a cost per round trip per vehicle using the schedule provided in this document. 6.0 Method of Award: Award shall be made on the basis of the lowest cost per day for a fifteen passenger vehicle, which is judged to be in the best interest of the University of Wisconsin-Eau Claire. 8.0 Bidder Qualifications: Bidders and awarded contractor must be qualified and able to provide the following; 8.1 Bidder must be in the business of passenger transportation and have been in the business for a minimum of three (3) years. 8.2 Bidder must designate a person in their company to provide on-going communication, coordinate service, and answer questions pertaining to scheduling and customer service issues. 8.3 Bidder must supply upon request a client list of three firms to which transportation services have been provided during the past year. If contacted, information received from those clients will be used to determine whether bidder meets qualifications. 9.0 Specifications/Product Information The specifications shown are the minimum acceptable specifications. Service provided should be per the listed designated locations and the trip schedule. 10.0 Invoicing Requirements: Contractor must agree that all invoices prices established for the service on this contract for all orders placed by the University. Invoices may be submitted every two weeks or monthly for services provided in the prior period. If special circumstances required more frequent invoicing this would need to be negotiated with the Purchasing Office and approved by UW-Eau Claire Accounts Payable Manager. The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt by University Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoice be clear and complete in conformity with the instructions below. All invoices must be itemized showing. Contractor Name Remit to address Purchase order number Dates of service Prices per the Contract The original invoice and two copies must be sent to University of Wisconsin-Eau Claire, Accounts Payable, PO Box 5008, Eau Claire, WI 54702-5008. 11.0 Additional Information Questions regarding this bid should be directed to Karen McIntyre, Purchasing Office, 715-836-836-4643 Specific questions about the service should be directed to Barbara Schmidt, Parking and Transportation Coordinator 715836-2002 11.1 Eligible Purchasers: In addition to UW-Eau Claire, all UW-System campuses, State of Wisconsin agencies and municipalities, shall be eligible to purchase from this bid or contract if one is developed. Bidders are to state on the Itemized Bid Form and Vendor Agreement whether they will agree to provide service to these other locations. Any contract resulting from this bid shall not be construed as mandatory upon any campus or state agency. 11.2 Hold Harmless: The contractor shall save, keep harmless and defend the Board of Regents, University of Wisconsin System against any and all liability claims, costs whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property (University or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from negligent acts or omission of contractor, employee, agent, or representative of contractor. 11.3 Insurance Requirements: The contractor shall bear the full and complete responsibility for all risk of damage or loss of equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this service. INSURANCE COVERAGE AND MINIMUM LIMITS Coverage Minimum Limits Worker's Compensation Each Accident Disease-Policy Limit Disease-Each Employee Statutory Required for all Contracts $100,000 $500,000 $100,000 Commercial General Liability General Aggregate Including Products & Complete Operations Each Occurrence $ 1,000,000 $ 1,000,000 Automobile Liability-Wisconsin Combined Single Limit $1,000,000 These policies shall contain a covenant requiring sixty (60) days written notice to the University of WisconsinEau Claire before cancellation, reduction or other modification of coverage. Upon notification of award and prior to issuance of a contract, the contractor shall provide the University a Certificate of Insurance with the required kinds and limits of insurance issued by an insurance company licensed to do business in the State of Wisconsin and possessing an A.M. Best rating of at least A- (Excellent) and signed by an authorized agent of that insurance company. The Board of Regents of the UW System and the University of Wisconsin-Eau Claire shall be named as an "additional insured" on the Certificate of Insurance. 11.4 Child Abuse and Neglect: On December 19, 2011, Governor Scott Walker signed Executive Order #54 that states “all University of Wisconsin System (UWS) professors, administrators, coaches, and other UWS employees shall report child abuse or neglect immediately if the employee, in the course of employment, observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the employee has reasonable cause to believe that child abuse or neglect has occurred or will occur”. A child “means a person who is less than 18 years old”. In entering into a contract with the University of Wisconsin-Eau Claire to provide services, you become a mandated reporter per Executive Order #54. If in the course of your company’s contractual service, the contractor (or its agent or employee) observe an incident or threat of child abuse or neglect, or learn of an incident of child abuse or neglect; you are required to report it. Please report your concerns of child abuse or neglect to the UW-Eau Claire Police Department at 715-836-2222 or a county social service agency. 12.0 Bid Response Requirements: In order for your bid to be considered, the following Forms/Information must be completed and submitted as part of the bid response. Please send two (2) complete sets of you bid. If Response is by Fax, Fax One Copy, the Second Copy Sent by Mail, Must be Received in the Purchasing Office within 2 Working Days of the Due Date. Failure to provide the forms/information with your bid submittal may disqualify your bid. 1. Request for Bid Form (DOA-3333) 2. Designation of Confidential and Proprietary Information (DOA-3027) 3. Vendor Agreement, Wisconsin’s Cooperative Purchasing Service (DOA-3027) 4. Itemized Bid Form 5. Information Concerning Your Driver Hiring and Training Policies 6. Vendor Reference (DOA-3478) 13.0 Parking: If applicable the contractor will be responsible for obtaining a parking permit. Contractor parking permits are available from University Parking, phone number 715-836-2002. The University Parking and Transportation office will designate parking locations for shuttle loading and unloading on campus and at the Children’s Center address. These parking locations will be the only approved sites for the service providing during the hours the shuttle transportation is operating. 14.0 Property Damage: Should university equipment or buildings be damaged as a result of sole negligence of the contractor during the cleaning service the contractor will be responsible for repairing to the original condition or replacement. The university will have the final say on whether repair or replacement is acceptable. 15.0 Energy Star: The State of Wisconsin encourages the use of equipment and material that meet the Environmental Protection Agency (EPA) Energy Star requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered meet Energy Star requirements but the bulk of the product line should be energy efficient. 16.0 Background Check: Bidder warrants that they are supplying employees who have passed a background check. The bidder warrants they are screening employees for Social Security Trace, County Criminal Records Search (in all counties as found by the trace) and National Sex Offender Search at a minimum in their background check. Bidder agrees to defend, indemnify and hold harmless the University, its officers, directors and employees for any claims, suits or proceedings alleging a breach of this warranty. 17.0 Additional Items/Service: Similar services may be added to this Contract provided it was mutually agreeable to both UW-Eau Claire Purchasing Department and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract services. The University of Wisconsin-Eau Claire, as part of its “green” initiative, encourages bidders/contractors to provide pricing for services that have an “environmentally friendly” result. These can include the use of propane as fuel, Hybrid vehicles, and biodiesel vehicles to reduce fuel consumption and pollution output or any other innovation that involves environmentally related considerations. University students and staff are presently developing a plan to use food service cooking oil to process biodiesel. If that plan develops during the period of this contract the contractor will be asked to use the fuel in their vehicles providing service to the campus. The University and the contractor would agree to a time frame for the contractor to meet this request. 18.0 Appeals Process: The appeals procedure applies to only those requests for bids for services that are over $25,000. Notices of intent to protest and protests must be made in writing. Protesters should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. The written notice of intent to protest the intent to award a contract must be filed with Mark Reeves, Director of Business Services, Schofield Hall 102, 105 Garfield Avenue, Eau Claire, WI 54701, phone: 715-836-2517 and received in his office no later than five (5) working days after the notice of intent to award was issued. The written protest must be received in his office no later than ten working days after the notice of intent to award is issued. The decision of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency, provided the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code. July 21, 2015 University of Wisconsin-Eau Claire Transportation Service between Campus and Children’s Center Request for Bid KM-1518 Specifications of Bid 1. Contractor shall provide a vehicle (15 passengers is the minimum size vehicle acceptable) and driver for local shuttle service during the 2015-16 academic year. Service Dates: Monday thru Friday; September 2, 2015 – May 20, 2016. Exceptions will be Holidays or other occasions when campus is closed and Spring Break (March 21 – March 25, 2016). 2. Contractor must have additional vehicles available if the number of riders using the service increase to require additional seats to meet the schedule. 3. Vehicles shall be heated and air conditioned. In good mechanical condition. 4. Vehicles interior shall be cleaned regularly and in good condition. 5. All vehicles shall be licensed and inspected on a regular schedule. 6. Vehicles shall be 2010 or newer. 7. Vehicles shall be easy to identify with contractor’s name and contact information detailed on the exterior. 8. Any advertising that appears on the vehicle other than that of the contractor must be approved as appropriate by University Parking and Transportation staff. 9. Eligible riders are any UW-Eau Claire students, faculty, staff and their immediate family or a campus visitor who can provide evidence of participation in a campus program using the Children’s Center or other University facilities located at 1190 Priory Road. 10. Pickup and delivery points are listed on the attached transportation schedule. The scheduled times will be repeated Monday through Friday. 11. Contractor must have enough lift-equipped vehicles to meet the demand for service. Vehicles must meet ADA standards, including provisions for lifts, tie-downs and be able to convey over-wide wheelchairs. 12. Drivers Training: Bidder must describe driver hiring criteria (attach pages as needed), (e.g. how do you screen to assure the hiring of safe drivers), and provide evidence of in-house driver training such as but not limited to basic first-aid, CPR and or insurance company required training. 13. Drivers may not smoke or allow smoking in the vehicle. 14. Contractor must agree to supply service information on a monthly basis, such as number of riders, no loads and complaints received. Cooperation will be required for service surveys and other information solicitation deemed necessary by the University. Contractor must meet (if requested) a minimum of one time per year with parking and transportation staff to discuss service related issues at a mutually agreed date, time and place. 15. Licensing Requirements: All State and local government licensing requirements shall be met and maintained. July 21, 2015 RFB KM-1518 Transportation Service between Campus and the Priory Transportation Schedule One Vehicle Five Days per Week, Monday through Friday Kjer Theatre, 1602 Park Avenue Priory, 1190 Priory Road 6:45am (Start) 7:00 7:15 7:30 7:45 8:00 8:15 8:30 8:55 9:00 9:15 (End) Five (5) Round Trips, 2 hours and 30 minutes 11:15am (Start) 11:30 11:45 12:00 12:15 12:30 12:55 1:10 1:25 1:40 1:55 2:10 2:25 (End) Six (6) Round Trips, 3 hours and 10 minutes 4:00 4:15 4:30 4:45 5:00 5:15 5:30 5:45 6:00 (End) Four (4) Round Trips, 2 hours July 21, 2015 University of Wisconsin-Eau Claire Transportation Service between Campus and Children’s Center Request for Bid KM-1518 Itemized Bid Form 1. Cost per round trip from campus to children’s center and back to campus $_____________ Bench Mark Fuel Price on August 1, 2015: ______________________ List Make Model and Year for Vehicles Available for this Service: 1. __________________________________________________ 2. __________________________________________________ 3. __________________________________________________ 4. __________________________________________________ 5. __________________________________________________ Do you have an ADA compliant vehicle that could be used for this service? ___________________ List Make, Model Year. ___________________________________________________________ List Contractors vehicles that potentially could be used in the service that use fuels that are environmentally friendly. _______________________________________ _______________________________________ _______________________________________ _______________________________________ If awarded a contract would your business be interested in working with the University to use Biodiesel that is produced by our campus initiative explained in Special Conditions of Bid 17.0? Have you attached information concerning your driver hiring and training policies? Yes No Bidder Information Company Name: _____________________________ Address: ____________________________________ ____________________________________ ____________________________________ Phone: ___________________________ Fax: ___________________________ Authorized Signature: _________________________________________ _________________________________________ Print Name Customer Service Contact if Different from the Person Above: ________________________________ Phone: ___________________________ Fax: ____________________________ E-mail: ______________________________ STATE OF WISCONSIN Bid / Proposal # KM-1518 DOA-3478 (R12/96) VENDOR REFERENCE FOR VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for three (3) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities.
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