BPK-12-284-SNOW REMOVAL SERVICES FOR UW

BPK-12-284-SNOW REMOVAL SERVICES FOR UW

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO:

AGENCY ADDRESS:

UNIVERSITY OF WISCONSIN OSHKOSH

ADMINISTRATIVE SERVICES-PURCHASING

800 ALGOMA BOULEVARD

OSHKOSH, WI 54901

REQUEST FOR BID# BPK-12-284

THIS IS NOT AN ORDER

BIDDER (Name and 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

# BPK-12-284. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record.

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

Bids MUST be in this office no later than

October 25, 2011 2:00 PM CST

Name (Contact for further information)

BRIAN KLINGER, ADMINISTRATIVE SERVICES

Phone Date

920-424-0317

Quote Price and Delivery FOB

10/11/2011

Item

No.

Quantity and Unit

Payment Terms

DESTINATION/PREPAID

Description

Fax bids are accepted Fax bids are not accepted

Price

Per Unit Total

The University of Wisconsin Oshkosh requests bids for Snow

Removal Services.

Request for Bid (RFB) BPK-12-284 per the attached

Specifications, Special Conditions of Bid, Bid List, Standard

Terms & Conditions and the Supplemental Standard Terms &

Conditions for Procurements for Services.

Questions regarding this bid will be answered by the following:

Brian Klinger phone: 920.424.0317, email: [email protected]

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

Phone

Signature of Above Date

Fax

Federal Employer Identification No.

( )

( )

Social Security No. if Sole

Proprietor (Voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

UNIVERSITY OF WISCONSIN OSHKOSH

REQUEST FOR BID # BPK-12-284

SNOW REMOVAL SERVICES

TABLE OF CONTENTS

PAGE

1.0 INTRODUCTION ............................................................................................................................... 1

1.1 Scope ................................................................................................................................................ 1

1.2 Contracting Agency ......................................................................................................................... 1

1.3 Reasonable Accommodations .......................................................................................................... 1

1.4 Inspection of Premises ..................................................................................................................... 1

1.5 Clarifications and/or Revisions to the Specifications and Requirements ........................................ 1

1.6 Calendar of Events ........................................................................................................................... 2

1.7 Parties to the Contract ...................................................................................................................... 2

1.8 Contract Term .................................................................................................................................. 2

1.9 Contract Commencement ................................................................................................................ 3

1.10 Contract Basis ................................................................................................................................ 3

1.11 VendorNet ...................................................................................................................................... 3

2.0 BID PROCEDURE AND INSTRUCTIONS ..................................................................................... 3

2.1 Bid Submittal ................................................................................................................................... 3

2.2 Incurring Costs ................................................................................................................................. 4

3.0 BID ACCEPTANCE, REVIEW AND AWARD ............................................................................... 4

3.1 Method of Bid .................................................................................................................................. 4

3.2 Method of Award ............................................................................................................................. 4

3.3 Bid Opening ..................................................................................................................................... 4

3.4 Bid Acceptance ................................................................................................................................ 5

3.5 Bid Review ...................................................................................................................................... 5

3.6 Minority Preference ......................................................................................................................... 5

3.7 Firm Prices ....................................................................................................................................... 5

3.8 Notification of Intent to Award ....................................................................................................... 5

3.9 Appeals Process ............................................................................................................................... 6

4.0 SERVICE SPECIFICATIONS ........................................................................................................... 6

5.0 EQUIPMENT FACILITIES MAINTENANCE & REPLACEMENT........................................... 7

6.0 PERSONNEL, EMPLOYMENT, PRACTICES AND STAFFING................................................ 7

7.0 ACCOUNTING AND PAYMENTS ................................................................................................... 8

8.0 TERMS OF THE CONTRACT ......................................................................................................... 8

9.0 SPECIAL TERMS AND CONDITIONS .......................................................................................... 9

9.1 Affirmative Action ........................................................................................................................... 9

9.2 Insurance .......................................................................................................................................... 9

9.3 Certification of Collection of Sales and Use Tax and Exemptions ............................................... 10

9.4 Executed Contract to Constitute Agreement ................................................................................. 11

9.5 Amendments .................................................................................................................................. 11

9.6 Subcontracting or Assignment of Agreement ................................................................................ 11

9.7 Termination of Contract ................................................................................................................ 11

9.8 Evaluation Period ........................................................................................................................... 12

9.9 Performance Bond or Irrevocable Letter of Credit ........................................................................ 12

9.10 Force Majeure .............................................................................................................................. 13

9.11 Separability .................................................................................................................................. 13

9.12 Waiver .......................................................................................................................................... 13

9.13 Adverse Interests .......................................................................................................................... 13

9.14 News Releases ............................................................................................................................. 13

9.15 Promotional Materials ................................................................................................................. 13

9.16 Local Government Participation .................................................................................................. 13

10.0 STANDARD TERMS AND CONDITIONS AND

SUPPLEMENTAL STANDARD TERMS AND CONDISIONS FOR

PROCUREMENT OF SERVICES ......................................................................................... 14-20

11.0 BID SUBMITTAL ........................................................................................................................... 21

11.1 Bid Sheet ...................................................................................................................................... 21

11.2 Dump Site(s) ................................................................................................................................ 21

11.3 Fuel Surcharge ............................................................................................................................. 22

11.4 Bidders Information – Qualifications .......................................................................................... 22

12.0 EXECUTED CONTRACT SIGNATURE PAGE ........................................................................ 23

REQUIRED FORMS

Designation of Confidential and Proprietary Information (DOA-3027).............................................. 24

Vendor Information (DOA-3477) ........................................................................................................ 25

Vendor Reference (DOA-3478) ........................................................................................................... 26

Vendor Agreement (DOA-3333) ......................................................................................................... 27

ATTACHMENTS

Attachment #1 – UW Oshkosh Campus Map

1.0 INTRODUCTION

1.1 Scope

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for snow removal services for the University of Wisconsin Oshkosh.

It is the intent of the University of Wisconsin Oshkosh to establish a long term contract for snow removal services for the entire campus.

1.2 Contracting Agency

This Request for Bid (RFB) is issued by the University of Wisconsin Oshkosh which is the sole point of contact for this RFB. The sole contact person for managing the procurement process is:

Brian Klinger

Administrative Services-Purchasing

University of Wisconsin Oshkosh

800 Algoma Blvd.

Oshkosh, WI 54901

Phone: 920.424.0317

Fax: 920.424.0785

E-mail: [email protected]

The contract resulting from this RFB will be administered by the University of Wisconsin Oshkosh through the Vice Chancellor of Administrative Services and/or designated contract administrator.

1.3 Reasonable Accommodations

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a site visit or bid opening contact Brian Klinger, Administrative Services-

Purchasing, 920.424.0317.

1.4 Inspection of Premises

Bidders are invited to inspect the project site completely prior to submitting bid in order to determine all requirements associated with the contract. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.

For site inspection appointment contact:

Chuck Hermes

Superintendent

University of Wisconsin Oshkosh

Telephone: 920.424.3466

1.5 Clarification and/or Revisions to the Specifications and Requirements

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Any questions concerning this RFB must be submitted in writing on or before October 18, 2011 to:

Brian Klinger

Administrative Services-Purchasing

University of Wisconsin Oshkosh

800 Algoma Blvd.

Oshkosh, WI 54901

Phone: 920.424.0317

Fax: 920.424.0785

E-mail: [email protected]

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should notify immediately the above named individual of such error and request modification or clarification of the RFB.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided to all recipients of this initial RFB.

Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this

RFB and any supplements or revisions thereof.

Any contact with State employees concerning this RFB are prohibited, except as authorized by Brian

Klinger, UW Oshkosh, Administrative Services-Purchasing, during the period from date of release of the

RFB until the notice of intent to contract is released.

1.6 Calendar of Events

DATE

October 11, 2011

TIME

October 18, 2011

October 25, 2011

TBD

November 1, 2011 (estimated)

2:00 p.m

EVENT

Date of issue of the RFB.

Last day for submitting written inquires.

Proposals due from vendors.

Notification of intent to award sent to vendors.

Contract start date

1.7 Parties to the Contract

The contract shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin

System doing business as the University of Wisconsin Oshkosh, hereafter referred to as the “University” and the successful bidder hereafter referred to as the “contractor” for the provision of the Snow Removal

Services according to the terms set forth herein.

1.8 Contract Term

The contract shall be effective on the date indicated in the letter of award and shall run for one (1) year from that date, with an option of the University, and by mutual agreement of the University and the contractor, to renew for four (4) additional one-year periods, subject to the State Legislature’s

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appropriation of funds. The contract may run for a period of five (5) years. This contract shall automatically be extended into its second (2 nd

), third (3 rd

), fourth (4 th

) and fifth (5 th

) years unless UW

Oshkosh Purchasing is notified to the contrary, in writing, by the University of the contractor ninety (90) days prior to the expiration of the initial and/or succeeding contract period(s).

The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

1.9 Contract Commencement

It is the intent of the University to award the contract by or around November 1, 2011.

1.10 Contract Basis

The terms and conditions for this contract are contained in the Department of Administration documents

DOA-3054 (dated 10/2005) and DOA-3681 (dated 1/2001). Any specification, term or condition contained in this document that varies from those terms and conditions supersedes those documents for this contract.

1.11 VendorNet

The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, commodities and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for commodities and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

2.0 BID PROCEDURE AND INSTRUCTIONS

2.1 Bid Submittal

Vendors must submit an ORIGINAL of all materials required for acceptance of their bid by October 25,

2011, 2:00 PM CST to:

University of Wisconsin Oshkosh

Administrative Services-Purchasing

Attn: Brian Klinger

800 Algoma Boulevard

Oshkosh, WI 54901

The UW Oshkosh Purchasing Office does not accept faxed bids. Bids must be received on or before the date and time that the bid is due. Late bids will not be accepted and will be returned unopened to the bidder(s). All bids must be received and time stamped by Purchasing Office prior to the stated opening

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time. Bids not so stamped will be considered late. Bids date and time stamped in another office will be rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by UW Oshkosh’s

Purchasing Office, for purposes of this bid. Receipt of a bid by the mail system or in any other office located at the University of Wisconsin Oshkosh does not constitute receipt of a bid by the UW Oshkosh

Purchasing Office. Any bid that is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.

ALL bids must be sealed, and show the following information on the outside of the envelope:

- Bidder's Name and Address

- RFB Number: BPK-12-284

- Bid Due Date: October 25, 2011, 2:00 PM CST

2.2 Incurring Costs

The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this

RFB.

3.0 BID ACCEPTANCE, REVIEW AND AWARD

3.1 Method of Bid

Complete the enclosed bid forms:

1) Bid Submittal for Snow Removal Service (section 11)

2) Designation of Confidential and Proprietary Information (DOA-3027 attachment)

3) Vendor Information (DOA-3477 attachment)

4) Vendor Reference (DOA-3478 attachment)

5) Vendor Agreement (DOA-3333 attachment)

3.2 Method of Award

Costs shall be determined by the submitted hourly bid rates and the hourly usage from a sample year. The hourly rates will be multiplied by the prior year hourly estimates (as applicable) and a total will be determined from each line item. The lowest aggregate of the line items will calculated to determine the grand total. The award shall be made based on the lowest rates and other charges from a qualified bidder and which are judged by the University to be in the University’s best interest. In determination of award, fuel surcharge will only be considered when all other conditions are equal.

University reserves the right to accept or reject any and all bids and to waive any technicality in any bid submittal. Based upon information provided by the bidder, the University will determine the bidder's demonstrated financial, managerial and operational ability and resources to serve the University. Only bids from financially responsible organizations or individuals, as determined by the University, presently engaged in the business of Snow Removal Service and which have the capability to perform as specified and provide professional services shall be considered. Representatives from the University reserve the right to inspect the bidder's facilities and other operations under the contractor's management prior to award of this bid.

3.3 Bid Opening

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Bid openings are public. At bid opening, vendors and bid prices will be announced. Award of contracts will not be made at time of bid opening. Bids shall be firm for acceptance for ninety (90) days from date of bid opening.

The bid abstract prepared at the bid opening will be on file in Purchasing Office and will be open to public inspection after an award has been made.

3.4 Bid Acceptance

Bids that do not comply with instructions or do not comply with specifications contained in this RFB may be rejected. The University of Wisconsin Oshkosh retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the University. The

University shall be the sole judge as to compliance with the instructions contained in this RFB. The

University reserves the right to negotiate the terms of the contract with the lowest responsible, responsive bidder.

3.5 Bid Review

Bids will be reviewed by the UW Oshkosh Purchasing Office to verify that they meet all specified requirements in this RFB. This verification may include reviewing vendor's bid documents submitted and verifying certification and credentials.

3.6 Minority Preference

The State of Wisconsin is committed to the promotion of minority business in the State’s purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in ss. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin

Statutes.

The State of Wisconsin policy provides that minority owned business enterprise certified by the

Wisconsin Department of Commerce; Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. Supplier 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 serviced incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

Bids from certified Minority Business Enterprises may have pointed weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses.

3.7 Firm Prices

All bids shall remain firm for a minimum of ninety (90) days from the date of the bid opening.

Pricing shall remain firm for the initial contract period. After the initial contract period, price increases will be considered upon written request to the UW Oshkosh Purchasing Dept. ninety (90) days prior to the end of the existing contract period.

3.8 Notification of Intent to Award

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All vendor(s) who respond to this RFB will be notified in writing of the State's intent to award contract as a result of this RFB.

3.9 Appeals Process

The appeals process applies to only those requests for bid that are $25,000 or greater. 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 sent to Mr. Tom

Sonnleitner, Vice Chancellor of Administrative Services, University of Wisconsin Oshkosh, 800

Algoma Boulevard, Oshkosh, WI 54901 and received in his office no later than five (5) working days after the notice of intent to award is issued.

The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued.

The decision may be appealed to the Secretary of the Department of Administration within five (5) working days of the issuance of that decision with a copy to Brian Klinger.

4.0

SERVICE SPECIFICATIONS

4.1

The contractor shall provide all labor, equipment and materials as necessary to plow, load and remove snow from the University of Wisconsin Oshkosh campus as required.

4.2

Service shall be on a per call basis only. A University representative will contact the contractor when service is required. No extra service whether daily or weekly will be provided without consulting UW

Oshkosh Facilities Management.

4.3

Requested service shall commence within 12 hours of notification, and if feasible, during low-traffic times (after 4:00 p.m. and before 7:00 a.m.) and completed not later than 48 hours after notification.

4.4

The contractor must have the ability to provide back-up trucks and equipment for large snowfalls and breakdowns. A minimum of 6-8 trucks with a capacity of 20-28 cubic yard snow capacity must be available for use. It is required that the contractor own their trucks and not to rely on rental vehicles. Preseason inspection of all equipment may be conducted by UW Oshkosh representatives.

4.5

Lots identified by the University to be plowed by the contractor, must be plowed if 1” of snow has accumulated or within 2 hours of being contacted.

4.6

Snow must be accumulated and placed in a fashion so parking spaces are maximized within lots

(minimal affect on the parking spaces).

4.7

The University shall be responsible for snow/ice control on all pedestrian areas and for all sanding/salting of parking lots and pedestrian areas.

4.8

The contractor’s vehicles used for snow removal shall be restricted to streets, combination drive/walks, loading dock areas and similarly surfaced locations designated by the University.

4.9

The contractor shall provide the University with a 24 hour emergency phone number.

4.10

The University shall determine and direct the contractor to lots which have priority for snow removal.

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4.11

The contractor is required to check-in and check-out when on campus for snow removal services. This shall be done by calling the University Police Department when arriving and again when leaving

(telephone: 920.424.1212).

4.12

The contractor shall have access to a dump site within a 10 mile radius of UW Oshkosh campus. The contractor shall inform the University in writing of the dump site location(s) to be used at the start of the contract and each location change during the life of the contract. Contractor is expected to use the closest dump site within the 10 mile radius for the duration of this contract. Vendor may be required to submit reports on details of snow removal (volume, content, etc).

4.13

The contractor will be responsible for all hauling and disposal of all snow collected from the

University in a proper manner and dump site and shall comply with all rules and regulations and pay all fees required by private or governmental agencies pertaining to the dump sites during the life of this contract. The UW System under contract law shall require reimbursement of all costs expended by the

University in regard to any improper or illegal handling of snow by the contractor.

5.0

EQUIPMENT, FACILITIES MAINTENANCE & REPLACEMENT

5.1

A program of preventative maintenance and regular replacement of worn, damaged, or malfunctioning equipment owned by the contractor shall be instituted and carried out by the contractor. The University shall not perform any maintenance or repair equipment owned by the contractor.

5.2

All material, equipment, and supplies provided 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 DNR and all applicable OSHA standards.

During the course of performing the service necessary to satisfy the requirements of this bid, the contractor is fully liable for public and private protection while work is in process or at any dump site exposed as a potential hazard. The contractor must provide warning devices and/or signs which shall be prominently installed, displayed and in working condition and be fully in compliance with the aforesaid safety regulations.

5.3

The contractor shall provide the labor, equipment and supplies for routine cleaning maintenance of all snow removal equipment, including that furnished by the University. The contractor shall be cooperative in maintaining the pick-up areas and equipment in an orderly condition.

6.0

PERSONNEL, EMPLOYMENT PRACTICES AND STAFFING

6.1

The contractor shall provide headquarters management staff, made known to the University by name to routinely review and inspect operations, personally fill staff vacancies if necessary, consult with the

University on current and future snow removal service programs and to act with full authority on the contractor’s behalf in any and all matters pertaining to the specifications of this contract and emergency contact, including phone numbers.

6.2

Personnel relations of employees on the contractors payroll shall be the contractor’s responsibility. The contractor shall comply with all applicable government regulations related to the employment, compensation of payment of personnel.

6.3

Any contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned or otherwise transferred to any other Contractor without prior written approval by Purchasing. 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. Subcontractors must abide by all terms and

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conditions under this Contract. If subcontractors are to be used, the Contractor must clearly explain their participation.

7.0

ACCOUNTING AND PAYMENTS

7.1 The contractor shall maintain complete and accurate records in accordance with accepted industry accounting practices, and shall keep in a safe place, all financial records, invoices and route collection records pertaining to the operations at the University for a period of three (3) years from the close of each year’s operation.

7.2

The contractor’s hourly rate per equipment type and material usage records shall be used as the basis to compute charges to the University. These records shall not be comingled with other non-University hourly or material usages records. These records shall be kept for each job and indicate beginning and ending times.

7.3

The contractor shall invoice the University for the services charges each month on or before the 10th day of the month following service. The invoices shall reference the purchase order by number, state the number of billable hours of service, the hourly rate based on the equipment type used and the cost of materials used. Causes of fluctuations in charges shall be noted as part of these statements. All records pertaining to the operations of Snow Removal Service shall be open for inspection and/or audit by the

State and/or University at any and all reasonable times.

7.4

All correspondence and monthly invoices shall be sent to the Accounts Payable Department, P.O. BOX

2884, 800 Algoma Blvd., Oshkosh, WI 54901. All matters relating to adjustments of the contract arrived at by mutual agreement of the University and the contractor shall be made in writing to the

Purchasing Office, Brian Klinger, 800 Algoma Blvd., Oshkosh, WI 54901.

7.5

On the request of the University, the contractor shall meet with the University and review each monthly invoice, explain deviations, discuss problems and mutually agree on courses of action to improve the results of the required services included in the contract. Monthly invoice adjustments required because of review and/or audit shall be identified and reflected on the next month’s statement.

8.0

TERMS OF THE CONTRACT

8.1

It is specifically understood and agreed that such items relative to Snow Removal Services which are not herein covered by be added to or excluded from this bid and resulting contract by the University without voiding in any manner the provisions of the existing contract. Such additional or deleted coverage shall be furnished to the University by the contractor with such additional consideration as is necessary to make it legally enforceable. It is the intent of the University to acquire all Snow Removal Services exclusively from the contractor. This may include special services such as remote lots and/or other requirements.

8.2

The terms and obligations of this contract shall be applicable to Snow Removal Services operated in various and separate locations of the University (ex. Campus Services Building, Auto Shop, etc.), including those locations leased by the University to tenants in which Snow Removal Services shall be required. Lesser of space to the University may reserve the right to determine the extent that Snow

Removal Services shall be provided under this contract on their premises.

8.3

Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor may be required to meet regularly with campus staff and/or authorized committees to make adjustments in operations, and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty & staff.

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8.4

After the initial contract year, the parties, upon mutual agreement may adjust the specific terms of this contract where circumstances beyond the control of either party require adjustments. The adjustments shall not be renegotiated to the disadvantage of the University. All adjustments shall be proposed in writing by the contractor to the UW Oshkosh for approval prior to becoming effective. All required contract amendment(s) shall be issued by UW Oshkosh Purchasing.

8.5

The contractor shall be financially responsible for obtaining all required permits, licenses and bondings to comply with pertinent Board of Regents, University of Wisconsin System regulations and municipal, county, state and federal laws and shall assume liability for all applicable taxes including, but not limited to sales and property.

8.6

The contractor shall furnish all management and labor necessary for the efficient, sanitary and economically sound operation of the Snow Removal Services included in this contract, subsequent extensions and amendments.

8.7

The University permits the contractor to use such spaces as necessary to carry out the terms and provisions of this contract; such spaces defined by the University as areas for snow removal equipment, related auxiliary equipment, and such other space as mutually agreed.

9.0 SPECIAL TERMS AND CONDITIONS

9.1 Affirmative Action

As a State agency, the University requires Contractors issued a purchase order exceeding $25,000 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.

Provide the requested information on the Vendor Information form (DOA-3477) attached. For additional information, see Section 19.0 of the Standard Terms & Conditions. Some exceptions may apply, and instructions for completing a plan are available upon request.

9.2 Insurance

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 contract.

9.2.1Coverage & Minimum Limits

Coverage

Worker’s Compensation (WC)

Commercial General Liability

Minimum Limits

Required – No Exceptions

$1,000,000 -General Aggregate Including Product & Completed

Operations

-Each Occurrence

Automobile Liability (including hired – non-owned)

-Combined Single Limit

Contractor’s Pollution Liability (with 1-yr. extended

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$1,000,000

$1,000,000

reporting period)

-Each Occurrence

-Aggregate

$1,000,000

$2,000,000

Additional Insured Provision listed under the general liability policy: “Board of Regents of the

University of Wisconsin System, its officers, agents and employees as an additional insured under the commercial general liability policies, for purposes of this contract.”

9.2.2 Upon notification of award the prior to issuance of a contract, the contractor (vendor) 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 signed by an authorized agent.

9.2.3 Commercial General Liability includes, but is not limited to: consumption or use of products,

existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money resulting from any cause including that of subcontractors and shall not penalize the University for any losses incurred related to this contract.

9.2.4 These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to

the University of Wisconsin Oshkosh Purchasing, 800 Algoma Blvd., Oshkosh, WI 54901, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of three (3) years and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

9.2.5 In the event of non-renewal, cancellation or expiration, the contractor shall provide the

University evidence of the new source(s) of required insurance with twenty-one (21) calendar days after the University’s receipt of the sixty (60) day notice. In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice.

9.2.6 In the event the contractor fails to maintain and keep in force the insurance herein required, the

University shall have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

9.2.7 The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the

University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as “claims”) occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.

9.2.8 Contractor is liable for any damage by performing the services of the contract. Vendor will work

with Contract Administrator for resolution of any damage.

10

9.3 Certification of Collection of Sales and Use Tax and Exceptions

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or Contractor has not met or complied with the requirements of s.77.66

Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

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/CertList.pdf) relating to sales and use tax certification. If you have not established a certification for the Collection of Sale & Use Tax status with the Wisconsin

Department of Revenue, the University and any other state agency cannot issue any purchase orders to your firm. For additional information, see http://www.dor.state.wi.us/html/vendlaw.html

The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchase except Wisconsin excise taxes as defined in the Standard Terms and Conditions

9.4 Executed Contract to Constitute Entire Agreement

In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by the agency and the Contractor shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may result in a cancellation of award.

The following priority for contract documents will be used if there are conflicts or disputes:

Official Contract/Purchase Orders

All written communication

Vendor's Bid dated October 25, 2011 (or before)

University’s Request for Bid dated October 11, 2011

Standard Terms and Conditions (DOA-3054)

Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)

9.5 Amendments

This contract may be modified or amended in writing signed by authorized signatories of Contractor and

UW Oshkosh.

9.6 Subcontracting or Assignment of Agreement

Any contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned or otherwise transferred to any other Contractor without prior written approval by UW Oshkosh

Purchasing. 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. Subcontractors must abide by all terms and conditions under this contract. If subcontractors are to be used, the Contractor must clearly explain their participation.

9.7 Termination of Contract

The University may terminate this contract at any time for non-performance at its sole discretion by delivering a written notice to the Contractor. For other reasons, termination by the University shall be

11

upon delivering a written notice 90 days before termination. In the event that the Contractor terminates this Agreement, for any reason whatsoever, such termination will require written notice to that effect to be delivered by the Contractor to the Department not less than 120 days prior to said termination.

This contract may be terminated by either party for the following conditions: a) Shall either party fail to perform under the terms of this contract; the aggrieved party may notify the other party in writing via Certified Mail of such failure and demand that the same be remedied within

30 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this contract by giving the other party 30 days written notice. b) Failure to maintain the required Certificates of Insurance, Permits and Licenses will be cause for contract termination. If the vendor fails to maintain and keep in force the insurance as provided in

#23.0 of the Standard Terms and Conditions, the University shall have the right to cancel and terminate the contract without notice.

If, at any time a petition in bankruptcy shall be filed against the vendor and such petition is not dismissed within 90 calendar days, the University shall have right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 calendar days notice in writing of such termination.

This contract must not be construed as mandatory upon the UW Oshkosh campus. The University reserves the right to issue a separate bid when deemed in the best interest of the University.

9.8 Evaluation Period

This contract is subject to a ninety (90) day evaluation period. If at the end of that time, the service and/or responsiveness of the vendor is unacceptable according to the terms of this bid, the contract will be canceled and awarded to the next lowest responsible vendor or rebid.

9.9 Performance Bond or Irrevocable Letter of Credit

The successful bidder may be required to furnish a performance bond in the amount of $25,000. Such bond must be furnished upon notification by the University of Wisconsin Oshkosh Purchasing and prior to contract award.

In lieu of the performance bond, the Contractor may provide an irrevocable letter of credit naming the

University as beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the University. The performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the State of

Wisconsin.

The performance bond or irrevocable letter of credit shall be for the entire contract period. The performance bond or letter of credit shall provide that in the event of non-renewal, the University of

Wisconsin Oshkosh Purchasing, and the Contractor shall be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the contract.

In the event of non-renewal, the Contractor shall provide the University evidence of the new source of surety within twenty-one (21) calendar days after the University’ receipt of the non-renewal notice.

Failure to maintain the required surety in force may be cause for contract termination.

12

Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may result in cancellation of contract award.

9.10 Force Majeure

Neither Party shall be considered in breach of this Agreement for its failure to perform or its delay in the performance of any obligation hereunder, except for the State’s obligations to pay amounts due hereunder, if the performance of such obligation is prevented or delayed by fire, flood, explosion, war, insurrection, embargo, governmental actions or requirements, military authority, act of God, shortages in the marketplace or any other event beyond the reasonable control of that Party. Contractor and State agree to take prompt reasonable actions to minimize the effects of any such event or circumstances.

9.11 Separability

If any provision of this contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract.

9.12 Waiver

A waiver by either party of any terms or conditions, provisions, or covenants of this contract in any instance shall not be deemed or construed to be a waiver of any such term, condition, provision, or covenant for the future, or of any subsequent breach of same. All remedies, rights, undertakings, obligations, and agreements contained in this contract shall be cumulative and shall not be in limitation of any other right, remedy, undertaking, obligation, or agreement of either party.

9.13 Adverse Interests

During the term of this contract, and any renewals, the Contractor will not provide services nor enter into any agreement to provide services to a person or organization that has adverse interests to the University.

If the University believes that the Contractor is violating this paragraph, the University will notify the

Contractor in writing by certified mail. The University and the Contractor will meet and discuss the alleged violation within thirty (30) days of such notice and, in good faith, seek a mutually acceptable resolution.

9.14 News Releases

News releases pertaining to the contract or any part of RFB#BPK-12-284 shall not be made without the prior written approval of the University.

9.15 Promotional Materials

Except as otherwise provided herein, the Contractor agrees not to use promotional or marketing materials which state expressly or by fair implication that the University endorses either the Contractor or any sponsor of such material. Equipment bearing University of Wisconsin Oshkosh marks, logos or other indicia of the University must be purchases from the University of Wisconsin Oshkosh licensees and be used in accordance with UW Oshkosh policy.

9.16 Local Government Participation

13

Vendors are encouraged to extend the contract resulting from this RFB to local governments in

Wisconsin. Please indicate your willingness to allow Wisconsin municipalities to participate in this contract by completing Form DOA-3333, Vendor Agreement - Cooperative Purchasing.

10.0 STANDARD TERMS AND CONDITIONS

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions

(DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-

3681). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award.

14

Wisconsin Department of Administration

Chs. 16, 19, 51

DOA-3054 (R10/2005)

Page 1 of 3

Standard Terms And Conditions

(Request For Bids / Proposals)

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 industrywide. 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

15

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 federal procurement and non-procurement contracts.

16.0

ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0

ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.

18.0

WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0

NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis.

Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 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.

16

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 nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

25.0

VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of

Wisconsin.

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

17

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.

18

State of Wisconsin

Department of Administration

DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats.

Division of Agency Services

Bureau of Procurement

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 full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships.

5.0

EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

6.0

CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.

7.0

RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances.

19

The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made.

8.0

INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.

20

11.0

BID SUBMITTAL

11.1

Bid Sheet — Indicate hourly rates below, multiply by the prior year hours (where applicable) and mark in total per line item. Add the line item totals (where applicable) to determine a Grand Total.

Hourly Rate

Prior Year Total

11.1.1 4x4 plow trucks with 7-1/2’ hydro-turn plows $ __________ / hour -- N/A

11.1.2 4x4 plow trucks with 8’ hydro-turn plows

____________

$ __________ / hour 0.83 hours $

11.1.3 4x4 plow trucks with 8-1/2’ reversible V plow $ __________ / hour

11.1.4 4 wheel drive rubber tired loader with 2½-3 yard snow capacity $ __________ / hour

11.1.5 4 wheel drive articulated rubber tired loader with 4 yard snow capacity $ __________ / hour

11.1.6 Dump trucks with 9’ hydro-turn plows

Size _____ yards

$ __________ / hour

11.1.7 Dump trucks with 10’ hydro-turn plows

Size _____ yards

11.1.8 Dump trucks with 11’ hydro-turn plows

Size _____ yards

11.1.9 Road Grader

11.1.10 Tri-axle dump truck–approx. snow capacity heaped: ___cubic yards

11.1.11 Quad-axle dump truck–approx. snow capacity

$ __________ / hour

$ __________ / hour

$ __________ / hour

$ __________ / hour

$ __________ / hour heaped : ___ cubic yards

11.1.12 Semi-dump truck–approx. snow capacity heaped: _____ cubic yards

11.1.13 Other Equipment

_________________________________________

_________________________________________

$ __________ / hour

$ __________ / hour

$ __________ / hour

--

248.39 hours $ ____________

180.34 hours $ ____________

11.25 hours

61.75 hours

4.83 hours

--

$ ____________

$ ____________

$ ____________

N/A

225.50 hours $ ____________

510.57 hours $ ____________

--

--

--

N/A

N/A

N/A

N/A

GRAND TOTAL

$ ____________

11.2 Dump site(s) (must be located within a 10 mile radius of UW Oshkosh)

11.2.1 Location of dump site(s) __________________________________________________

Number of miles from UW Oshkosh campus __________

NOTE: It is expected that the successful contractor can supply the services needed for successful completion of the contract. If contractor is unable to bid on the specified equipment, a comparable alternate may be quoted that meets or exceeds the minimum specifications listed. Any deviation from the specifications listed must be explained.

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11.3 Fuel Surcharge

In the event there is a substantial increase in the cost of fuel, a fuel surcharge will be allowed for any increase in fuel costs.

Alternatively, if fuel is less than the established base, a decrease is allowed. Fuel (increase) surcharges or decreases will be applied and adjusted to the monthly fee. Fuel prices will be determined by the U.S. government, Energy Information Administration’s website

(http://www.eia.doe.gov/). Vendor is required to supply proof to accompany the invoice for the service month of any fuel increases on the cost per gallon paid. It is the intent of this paragraph to provide relief to both the awarded vendor and the University in extreme cases and not to have a floating price that changes.

BASE FUEL COST $ __________________ per gallon

Using the above cost as a base for fuel costs, the surcharge/decrease will be adjustable up or down at the rate of _________ % per

$0.25 increase/decrease per gallon of fuel.

11.4

BIDDERS INFORMATION – QUALIFICATIONS

It is the purpose of this Request for Bid to obtain complete data from each bidder to enable the University to determine which bidder is best able to meet and serve all of the criteria which are to be considered in the award of this contract. To this end, each bidder shall furnish as a part of this bid a complete description of capabilities in the field of Snow Removal Services.

Bidders shall provide a written response to all required bidder’s information. Each response shall be numbered to coincide with the bidder’s information numbering and presented in the sequence listed. The bidder’s information should be prepared simply and economically, providing a straightforward, concise description of that which is required. Emphasis should be on completeness and clarity of content. Statements are required to be complete and accurate. Omission, inaccuracy or misstatement may be sufficient cause for rejection of bid.

Determination shall be made by the University of the bidder’s demonstrated financial, managerial and operational ability and resources to serve the University, from the total information required of the bidder. Only bids from financially responsible organizations or individuals, as determined by the University, presently engaged in the business of Snow Removal Service which have the capability to perform as specified shall be considered. Representatives from the University reserve the right to inspect the bidder’s facilities and other operations under the contractor’s management prior to award of this bid.

11.4.1

Name and address of operating company.

11.4.2

The duration and extent of experience in the operation of Snow Removal Services.

11.4.3

List a minimum of three (3) clients of similar operations where you are, or have been within the last year, and provide the specified service. Give length of time at each account, name, address and phone number of contact person in each operation.

11.4.4

A list of related snow removal and bank references with which the company is currently transacting business. If your company will require monetary assistance to operate this account, state amount required and anticipated source.

11.4.5

A description of the controls used to record client snow removal services performed and to support client invoices. Include sample forms.

11.4.6

A description of the invoice procedures to be used to comply with the contract specifications. Include sample forms.

11.4.7

A description, in detail, of your program of preventive maintenance and regular replacement of worn and/or malfunctioning equipment.

11.4.8

A list of the names of all of the owners of the company or principals of the corporation and requirement of two emergency phone number contacts.

11.4.9

Please include a list of approved recyclable materials accepted by the bidder.

11.4.10

Other such information as the bidder deems pertinent for consideration by the University.

The University may request supplementary information as is sufficient, in the opinion of the University, to assure the University that the bidder’s competence, business organization and financial resources are adequate to successfully perform the specified service.

22

23

12.0 EXECUTED CONTRACT SIGNATURE PAGE

Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

We, the undersigned, in compliance with the Request for Bid # BPK-12-284 for Snow Removal Services, dated

October 25, 2011, hereby bid the following charges to the University of Wisconsin Oshkosh. In making these bids, we acknowledge that we have read and understood the Request for Bid and specification requirements and agree to fulfill our legal obligations pursuant to the attached contractual provisions.

Signature___________________________________________ Company___________________________________________________

Name______________________________________________ Address____________________________________________________

Title_______________________________________________ City_______________________________________________________

Telephone__________________________________________ State__________________ Zip Code____________________________

Date_______________________________________________ Email Address______________________________________________

24

STATE OF WISCONSIN

DOA-3027 N(R01/98)

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal # BPK-12-284 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.

25

STATE OF WISCONSIN

DOA-3477 (R05/98)

Bid / Proposal #

BPK-12-284

Commodity / Service

96872

VENDOR INFORMATION

1. BIDDING / PROPOSING COMPANY NAME

FEIN

Phone ( )

FAX ( )

Address

City

Toll Free Phone

E-Mail Address

State

( )

Zip + 4

2. Name the person to contact for questions concerning this bid / proposal.

Name Title

Phone ( ) Toll Free Phone

FAX ( ) E-Mail Address

Address

City State

( )

Zip + 4

3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

Address

City State Zip + 4

4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

Address

City State Zip + 4

5. CEO / President Name

This document can be made available in accessible formats to qualified individuals with disabilities.

26

STATE OF WISCONSIN

DOA-3478 (R12/96)

Bid / Proposal #

BPK-12-284

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 four (4) 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

Product(s) and/or Service(s) Used

Phone No.

Company Name

Address (include Zip + 4)

Contact Person

Product(s) and/or Service(s) Used

Phone No.

Company Name

Address (include Zip + 4)

Contact Person

Product(s) and/or Service(s) Used

Phone No

Company Name

Address (include Zip + 4)

Contact Person

Product(s) and/or Service(s) Used

Phone No.

This document can be made available in accessible formats to qualified individuals with disabilities.

27

State of Wisconsin

Department of Administration

DOA-3333 (R03/2004)

Division of State Agency Services

State Bureau of Procurement

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

Name (Type or Print)

Company

Date (mm/dd/ccyy)

Title

Telephone

( )

Address (Street) City State ZIP + 4

Commodity/Service Request for Bid/Proposal Number

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

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ATTACHMENT #1 — UW OSHKOSH CAMPUS MAP

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