Request for Bid H9-54-O Tree Maintenance and Removal

Request for Bid H9-54-O Tree Maintenance and Removal
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
University of Wisconsin Milwaukee Purchasing Office
Mail to:
Deliver to:
PO Box 777
Engelmann Hall Room 180
Milwaukee WI 53201
2033 E Hartford Ave
Milwaukee WI 53211
REQUEST FOR BID H9-54-O
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
#. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing
office on or before the date and time that the bid is due. Bids dated and time stamped in another
office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the
purchasing office. Any bid which is inadvertently opened as a result of not being properly and
clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with
sample packages or other bids. Bid openings are public unless otherwise specified. Records will
be available for public inspection after issuance of the notice of intent to award or the award of the
contract. Bidder should contact person named below for an appointment to view the bid record.
Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise
noted. The attached terms and conditions apply to any subsequent award.
Bids MUST be in this office no later than
THIS IS NOT AN ORDER
BIDDER (Name and Address)
6/19/2009 2:00 PM CDT
Name (Contact for further information)
Date
Howard S Shimon
6/10/2009
Phone
Fax
414-229-5212/4301
Email
[email protected]
414-906-8406
Quote Price and Delivery FOB
Destination
Item
No.
Quantity
and Unit
Description
E-MAIL AND FAX BIDS ARE ACCEPTED
Price
Per Unit
Total
Furnish labor, equipment and material to trim and remove
trees and grind stumps on an on-call basis for the period
7/1/09 – 6/30/10. The University reserves the right to
renew the contract for two additional one-year periods
with vendor approval.
IN ORDER FOR BID TO BE CONSIDERED, BIDDER
MUST SIGN AND RETURN THIS REQUEST FOR BID
FORM
AND
ALL
ATTACHMENTS
WHERE
INFORMATION IS REQUESTED.
References are to be provided where designated on bid
documents.
References
indicating
unsatisfactory,
unresponsive or irresponsible performance may result in
rejection of bid.
Award will be made to the lowest responsive, responsible
bidder meeting all requirements of this document.
Payment Terms
Net 30 Days
Earliest Start & Completion Dates
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our
bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;
that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or
potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
E-Mail Address:
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
Phone
(
Fax
(
)
)
Internet (Web) Address:
University of Wisconsin – Milwaukee
Request for Bid H9-54-O
Blanket Contract for Tree Maintenance and Removal
Specifications and General Conditions
DESCRIPTION AND PURPOSE OF THE REQUEST FOR BIDS
The University of Wisconsin - Milwaukee issued this document to provide interested parties with
information to enable them to prepare and submit a bid for Tree Maintenance and Removal.
This bid covers the furnishing of labor, tools and equipment. Successful contractor will be
expected to provide tools of the trade and required supplies at no additional cost.
CONTRACT TERM AND RENEWAL
This contract will be for a one (1) year period with the option to renew for two (2) additional oneyear periods by mutual agreement.
ON SITE SERVICE
In carrying out the scope of this Contract, the Contractor will be performing services on UWM
property. Bidders cost must include all transportation and insurance charges.
The contractor is required to maintain insurance in compliance with "Standard Terms and
Conditions 23.0 Insurance." See INSURANCE REQUIREMENTS, below.
INSURANCE REQUIREMENTS
In order for any contractor to perform work on University of Wisconsin Milwaukee premises, the
contractor must provide a Certificate of Insurance with the required coverage and limits of
insurance issued by an insurance company that has an AM Best Rating of A- or better, is
licensed to do business in the State of Wisconsin, and is signed by an authorized agent.
Coverage requirements are as follows:
Coverage Type
A. Worker's Compensation
B.
C.
D.
E.
Minimum Limit
REQUIRED-NO
EXCEPTIONS
Commercial General Liability General. Aggregate, Including $1,000,000
Products and Completed Operations
Each Occurrence
$1,000,000
Automobile Liability Combined Single Limit
$1,000,000
If hazardous substance is involved:
Contractor's Pollution Liability
(With one year extended reporting period.)
Each Occurrence
$1,000,000
Aggregate
$2,000,000
Additional Insured Provision:
Page 1 of 5
University of Wisconsin – Milwaukee
Request for Bid H9-54-O
Blanket Contract for Tree Maintenance and Removal
Specifications and General Conditions
The contractor shall add the, "Board of Regents of the University of Wisconsin
System, its officers, employees, and agents" as an additional insured under the
commercial general, automobile and contractor's pollution liability policies. The
certificate holder shall be listed as the University of Wisconsin Milwaukee.
The contractor agrees to indemnify, defend and hold harmless the Board of Regents of
the University of Wisconsin System, its officers, employees and agents from and against
any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to
as "claims") occurring in connection with or in any way incidental to or arising out of the
occupancy, use, service, operations or performance of work in connection with this
contract, but only to the extent that such claims are caused by or result from the
negligence, misconduct or other fault of the contractor, its agents, employees,
subcontractors or contractors.
All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the
insurer and sent certified mail to the contract administrator at the specific institution, before
cancellation, reduction or other modifications of coverage. The insurance certificate shall be for
the initial contract period and shall be renewed by the contractor for each subsequent renewal
period of the contract.
In the event of non-renewal, cancellation, or expiration, the contractor shall provide the
University evidence of the new source(s) of required insurance within twenty-one (21) calendar
days after the University's receipt of the sixty (60) day notice. Failure to maintain the required
insurance in force may be cause for contract termination.
In the event that the contractor fails to maintain and keep in force the insurance herein required,
the University shall have the right to cancel and terminate the contract without notice.
The certificate holder shall be listed as the University of Wisconsin Milwaukee.
The Certificate of Insurance should be sent to my attention at the Purchasing Office. Receipt of
said Certificate by the University shall be a requirement of any Purchase Order issued to your
company.
Please contact Howard Shimon (see ADDITIONAL INFORMATION, below) if you have any
questions regarding this requirement. We recommend that you discuss insurance requirements
with your insurance agent or risk manager. If they have further questions, your insurance agent
or risk manager may contact our Risk Manager at 414-229-5079.
ADDITIONAL INFORMATION
Contact Dennis Greenwood by e-mail at [email protected] or by telephone at (414) 229-6272
with technical questions relating to this service.
Any questions about the Bid Request and specifications are to be submitted to Howard Shimon
in writing by fax at (414) 906-8406 or e-mail at [email protected] Questions of a general
nature may be communicated by telephone at (414) 229-5212. All communications regarding
the Bid Request must reference Request for Bid H9-54-O.
Page 2 of 5
University of Wisconsin – Milwaukee
Request for Bid H9-54-O
Blanket Contract for Tree Maintenance and Removal
Specifications and General Conditions
METHOD OF BID
Bidder must provide the rates requested on the Cost Sheet as well as all information request in
the attachments. Prices listed are to be in US dollars.
METHOD OF AWARD
Award shall be made on the basis of the lowest responsive, responsible bidder submitting the
lowest rates that are judged to be in the best interest of the University. Bids that state that a
specific quantity or dollar amount has been guaranteed will be disqualified.
BID OPENING:
Bidders are welcome to attend the public reading of the bids which will be held at the due date
and time at the delivery address for the bid documents.
BID ACCEPTANCE
Bids that fail to comply with instructions and specifications in this RFB may be rejected by the
University. The University may request reports on a vendor's financial stability, and if financial
stability is not substantiated may reject a vendor's bid. The University retains the right to accept
or reject any or all bids, or accept or reject any part of a bid as deemed to be in the best interest
of the University. The University shall be the sole judge as to compliance with the instructions
contained in this RFB.
BID EVALUATION
Bids will be evaluated to verify that they meet all specified requirements in this RFB. This
verification may include requesting reports on the vendor's financial stability, conducting
demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of
past awards to the vendor by the University.
NOTIFICATION OF AWARD
Any vendors who respond to this RFB with a bid will be notified in writing of the intent to award a
contract to the selected bidder.
APPEALS PROCESS
The appeals procedure applies to only those requests for bids that are greater than $25,000.
Notices of intent to protest must be made in writing. Protestors should make their protests as
specific as possible and shall identify statutes and Wisconsin Administrative Code provisions
that are alleged to have been violated.
Page 3 of 5
University of Wisconsin – Milwaukee
Request for Bid H9-54-O
Blanket Contract for Tree Maintenance and Removal
Specifications and General Conditions
The written notice of intent to protest the intent to award a contract must be filed with the
Chancellor, c/o Manager of Purchasing, UW--Milwaukee, P O Box 777, Milwaukee WI 53201
(414-229-4304) 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 notices of intent to award are issued.
The decision of the head of the procuring agency may be appealed to the Secretary of the
Department of Administration within five (5) working days of issuance, with a copy of such
appeal sent to the procuring agency, provided the appeal alleges a violation of a statute or a
provision of a Wisconsin Administrative Code.
MINORITY PREFERENCE
The State of Wisconsin is committed to the promotion of minority business in the state’s
purchasing program and a goal of placing 5% of its total purchasing dollars with certified
minority businesses. Authority for this program is found in ss. 15.10(2), 16.75(4), 16.75(5) and
560.03(2), Wisconsin Statutes. The contracting agency is committed to the promotion of
minority business in the state’s purchasing program.
Bids from certified Minority Business Enterprises may have points weighted by a factor of 1.00
to 1.05 to provide up to a five percent (5%) preference to these businesses.
MINORITY BUSINESS PARTICIPATION
The Contractor is encouraged to purchase services and supplies from minority businesses
certified by the Wisconsin Department of Development, Bureau of Minority Business
Development. Contractor shall include in the Bid any purchases of such supplies and services
necessary for the implementation of the Contract. The contractor may obtain additional
information from the Director of the MBE program (608-267-7806).
MAJOR PROJECTS
The University of Wisconsin - Milwaukee reserves the right to bid any project it considers to be
in its best interests and shall not be required to use this contract under such circumstances.
CONTRACT CANCELLATION
The University of Wisconsin - Milwaukee reserves the right to cancel this contract upon 30 days
written notice to the contractor if it is determined that the contractor's management or operation
is unsatisfactory in any respect and the contractor has failed, neglected, or refused to comply
with the terms of this contract, or if economic conditions or other unforeseen factors governing
operation of the University of Wisconsin - Milwaukee require such action.
Page 4 of 5
University of Wisconsin – Milwaukee
Request for Bid H9-54-O
Blanket Contract for Tree Maintenance and Removal
Specifications and General Conditions
VENDORNET
The State of Wisconsin’s purchasing information and vendor notification service is available to
all businesses and organizations that want to sell to the state. Anyone may access VendorNet
on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices
and policies, goods and services that the state buys, and tips on selling to the state. Vendors
may use the same Web site address for inclusion on the bidders list for goods and services that
the organization wants to sell to the state. A subscription with notification guarantees the
organization will receive an e-mail message each time a state agency, including any campus of
the University of Wisconsin System, posts a request for bid or a request for proposal in their
designated commodity/service area(s) with an estimated value over $25,000. Organizations
without Internet access receive paper copies in the mail. Increasingly, state agencies also are
using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive email notices of these simplified bid opportunities. The annual fee for this service is $125 ($65 for
certified minority businesses and certified work centers). The fee is currently being waived.
Page 5 of 5
Cost Sheet
Rate/hr $_________ (48%)
Travel time $_________ (8%)
Rate/using bucket $_________ (36%)
Grind stumps shallow
Less than 3 stumps $________/inch (2%)
3 or more stumps $_________/inch (2%)
Grind stumps deep
Less than 3 stumps $________/inch (2%)
3 or more stumps $_________/inch (2%)
Award to be based on amounts bid with weighted percentages listed above.
Standard Terms And Conditions (Request For Bids / Proposals)
Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05)
1.0
2.0
3.0
to waive any technicality in any bid/proposal submitted, and to
accept any part of a bid/proposal as deemed to be in the best
interests of the State of Wisconsin.
SPECIFICATIONS: The specifications in this request are the
minimum acceptable. When specific manufacturer and model
numbers are used, they are to establish a design, type of
construction, quality, functional capability and/or performance
level desired. When alternates are bid/proposed, they must be
identified by manufacturer, stock number, and such other
information necessary to establish equivalency. The State of
Wisconsin shall be the sole judge of equivalency.
Bidders/proposers are cautioned to avoid bidding alternates to
the specifications which may result in rejection of their
bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions
from original text, terms, conditions, or specifications shall be
described fully, on the bidder's/proposer's letterhead, signed,
and attached to the request. In the absence of such statement,
the bid/proposal shall be accepted as in strict compliance with
all
terms,
conditions,
and
specifications
and
the
bidders/proposers shall be held liable.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time that
the bid/proposal is due. Bids/proposals date and time stamped
in another office will be rejected. Receipt of a bid/proposal by
the mail system does not constitute receipt of a bid/proposal by
the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an authorized
agency. No other purchase orders are authorized.
11.0
PAYMENT TERMS AND INVOICING: The State of Wisconsin
normally will pay properly submitted vendor invoices within
thirty (30) days of receipt providing goods and/or services have
been delivered, installed (if required), and accepted as
specified.
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality.
Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval by
the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are based
on estimated needs. The state reserves the right to increase or
decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase order
including reference to purchase order number and submittal to
the correct address for processing.
A good faith dispute creates an exception to prompt payment.
6.0
12.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies
for governmental discounts and its educational institutions also
qualify for educational discounts. Unit prices shall reflect these
discounts.
6.1
Unit prices shown on the bid/proposal or contract shall
be the price per unit of sale (e.g., gal., cs., doz., ea.) as
stated on the request or contract. For any given item, the
quantity multiplied by the unit price shall establish the
extended price, the unit price shall govern in the
bid/proposal evaluation and contract administration.
6.2
Prices established in continuing agreements and term
contracts may be lowered due to general market
conditions, but prices shall not be subject to increase for
ninety (90) calendar days from the date of award. Any
increase proposed shall be submitted to the contracting
agency thirty (30) calendar days before the proposed
effective date of the price increase, and shall be limited
to fully documented cost increases to the contractor
which are demonstrated to be industrywide.
The
conditions under which price increases may be granted
shall be expressed in bid/proposal documents and
contracts or agreements.
6.3
The State of Wisconsin, including all its agencies, is required to
pay the Wisconsin excise or occupation tax on its purchase of
beer, liquor, wine, cigarettes, tobacco products, motor vehicle
fuel and general aviation fuel. However, it is exempt from
payment of Wisconsin sales or use tax on its purchases. The
State of Wisconsin may be subject to other states' taxes on its
purchases in that state depending on the laws of that state.
Contractors performing construction activities are required to
pay state use tax on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable for
all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
14.0
ENTIRE AGREEMENT:
These Standard Terms and
Conditions shall apply to any contract or order awarded as a
result of this request except where special requirements are
stated elsewhere in the request; in such cases, the special
requirements shall apply. Further, the written contract and/or
order with referenced parts and attachments shall constitute
the entire agreement and no other terms and conditions in any
document, acceptance, or acknowledgment shall be effective
or binding unless expressly agreed to in writing by the
contracting authority.
15.0
APPLICABLE LAW AND COMPLIANCE: This contract shall
be governed under the laws of the State of Wisconsin. The
contractor shall at all times comply with and observe all federal
and state laws, local laws, ordinances, and regulations which
are in effect during the period of this contract and which in any
manner affect the work or its conduct. The State of Wisconsin
In determination of award, discounts for early payment
will only be considered when all other conditions are
equal and when payment terms allow at least fifteen (15)
days, providing the discount terms are deemed
favorable. All payment terms must allow the option of net
thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin
are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION:
The State of Wisconsin
reserves the right to accept or reject any or all bids/proposals,
TAXES: The State of Wisconsin and its agencies are exempt
from payment of all federal tax and Wisconsin state and local
taxes on its purchases except Wisconsin excise taxes as
described below.
Page 1 of 3
Standard Terms And Conditions (Request For Bids / Proposals)
Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05)
reserves the right to cancel this contract if the contractor fails to
follow the requirements of s. 77.66, Wis. Stats., and related
statutes regarding certification for collection of sales and use
tax. The State of Wisconsin also reserves the right to cancel
this contract with any federally debarred contractor or a
contractor that is presently identified on the list of parties
excluded from federal procurement and non-procurement
contracts.
16.0
ANTITRUST ASSIGNMENT: The contractor and the State of
Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to goods,
materials or services purchased in connection with this
contract.
17.0
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated
without the prior written consent of the State of Wisconsin.
18.0
WORK CENTER CRITERIA: A work center must be certified
under s. 16.752, Wis. Stats., and must ensure that when
engaged in the production of materials, supplies or equipment
or the performance of contractual services, not less than
seventy-five percent (75%) of the total hours of direct labor are
performed by severely handicapped individuals.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: In
connection with the performance of work under this contract,
the contractor agrees not to discriminate against any employee
or applicant for employment because of age, race, religion,
color, handicap, sex, physical condition, developmental
disability as defined in s. 51.01(5), Wis. Stats., sexual
orientation as defined in s. 111.32(13m), Wis. Stats., or
national origin. This provision shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for
training, including apprenticeship. Except with respect to
sexual orientation, the contractor further agrees to take
affirmative action to ensure equal employment opportunities.
19.1
20.0
applicable federal labor laws. Further, that the sale or use of
the articles described herein will not infringe any United States
patent. The contractor covenants that it will at its own expense
defend every suit which shall be brought against the State of
Wisconsin (provided that such contractor is promptly notified of
such suit, and all papers therein are delivered to it) for any
alleged infringement of any patent by reason of the sale or use
of such articles, and agrees that it will pay all costs, damages,
and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and
supplies provided to the State of Wisconsin must comply fully
with all safety requirements as set forth by the Wisconsin
Administrative Code and all applicable OSHA Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the
bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as a
minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing
services for the University shall provide the University a
Certificate of Insurance with the required coverage and limits of
insurance issued by an insurance company that has an AM
Best Rating of A-, is licensed to do business in the State of
Wisconsin, and signed by an authorized agent. The contractor
shall:
Contracts estimated to be over twenty-five thousand
dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption
occurs from this requirement if the contractor has a
workforce of less than twenty-five (25) employees.
Within fifteen (15) working days after the contract is
awarded, the contractor must submit the plan to the
contracting state agency for approval. Instructions on
preparing the plan and technical assistance regarding
this clause are available from the contracting state
agency.
19.2
The contractor agrees to post in conspicuous places,
available for employees and applicants for employment,
a notice to be provided by the contracting state agency
that sets forth the provisions of the State of Wisconsin's
nondiscrimination law.
19.3
Failure to comply with the conditions of this clause may
result in the contractor's becoming declared an
"ineligible" contractor, termination of the contract, or
withholding of payment.
PATENT INFRINGEMENT: The contractor selling to the State
of Wisconsin the articles described herein guarantees the
articles were manufactured or produced in accordance with
Page 2 of 3
23.1
Maintain worker's compensation insurance as required
by Wisconsin Statutes, for all employees engaged in the
work.
23.2
Maintain commercial liability, bodily injury and property
damage insurance against any claim(s) which might
occur in carrying out this agreement/contract. Minimum
coverage shall be one million dollars ($1,000,000) liability
for bodily injury and property damage including products
liability and completed operations. Provide motor vehicle
insurance for all owned, non-owned and hired vehicles
that are used in carrying out this contract. Minimum
coverage shall be one million dollars ($1,000,000) per
occurrence combined single limit for automobile liability
and property damage.
23.3
The University reserves the right to require higher or
lower limits where warranted.
23.4
The contractor shall add the "Board of Regents of the
University of Wisconsin System, its officers, employees,
and agents" as an additional insured under the
commercial general liability policy.
23.5
All policies of insurance shall contain a covenant
requiring sixty (60) days written notice by the insurer and
sent to the University Risk Manager, before cancellation,
reduction or other modifications of coverage. The
insurance certificate shall be for the initial contract period
and shall be renewed by the contractor for each
subsequent renewal period of the contract.
23.6
In the event of non-renewal, cancellation, or expiration,
the contractor shall provide the University evidence of
the new source(s) of required insurance within twentyone (21) calendar days after the University's receipt of
the sixty (60) day notice. Failure to maintain the required
insurance in force may be cause for contract termination.
Standard Terms And Conditions (Request For Bids / Proposals)
Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05)
23.7
24.0
25.0
26.0
In the event that the contractor fails to maintain and keep
in force the insurance herein required, the University
shall have the right to cancel and terminate the contract
without notice.
CANCELLATION: The State of Wisconsin reserves the right
to cancel any contract in whole or in part without penalty due to
nonappropriation of funds or for failure of the contractor to
comply with terms, conditions, and specifications of this
contract.
VENDOR TAX DELINQUENCY:
Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
28.0
RECYCLED MATERIALS: The State of Wisconsin is required
to purchase products incorporating recycled materials
whenever technically and economically feasible. Bidders are
encouraged to bid products with recycled content which meet
specifications.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on an
order(s) resulting from this award(s) is a hazardous chemical,
as defined under 29CFR 1910.1200, provide one (1) copy of a
Material Safety Data Sheet for each item with the shipped
container(s) and one (1) copy with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state official or
employee for commercial promotion is prohibited. News
releases pertaining to this procurement shall not be made
without prior approval of the State of Wisconsin. Release of
broadcast e-mails pertaining to this procurement shall not be
made without prior written authorization of the contracting
agency.
32.0
HOLD HARMLESS: The contractor will indemnify and save
harmless the State of Wisconsin and all of its officers, agents
and employees from all suits, actions, or claims of any
character brought for or on account of any injuries or damages
received by any persons or property resulting from the
operations of the contractor, or of any of its contractors, in
prosecuting work under this agreement.
33.0
FOREIGN CORPORATION:
A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to all
the requirements of Chapter 180, Wis. Stats., relating to a
foreign corporation and must possess a certificate of authority
from the Wisconsin Department of Financial Institutions, unless
the corporation is transacting business in interstate commerce
or is otherwise exempt from the requirement of obtaining a
certificate of authority. Any foreign corporation which desires to
apply for a certificate of authority should contact the
Department of Financial Institutions, Division of Corporation, P.
O. Box 7846, Madison, WI 53707-7846; telephone (608) 2617577.
34.0
WORK CENTER PROGRAM: The successful bidder/proposer
shall agree to implement processes that allow the State
agencies, including the University of Wisconsin System, to
satisfy the State's obligation to purchase goods and services
produced by work centers certified under the State Use Law,
s.16.752, Wis. Stat. This shall result in requiring the successful
bidder/proposer to include products provided by work centers in
its catalog for State agencies and campuses or to block the
sale of comparable items to State agencies and campuses.
35.0
RELEASE OF INFORMATION:
Contractor shall not
report or release information concerning UWM or its students,
employees or customers to third parties without UWM's prior
written approval. Any such report or release of information
shall, at a minimum, comply with those requirements
enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et
seq., UWM's standards for safeguarding such information, and
all other applicable laws regarding consumer privacy.
PUBLIC RECORDS ACCESS: It is the intention of the state to
maintain an open and public process in the solicitation,
submission, review, and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified.
Records may not be available for public inspection prior to
issuance of the notice of intent to award or the award of the
contract.
27.0
29.0
PROPRIETARY INFORMATION: Any restrictions on the use
of data contained within a request, must be clearly stated in the
bid/proposal itself.
Proprietary information submitted in
response to a request will be handled in accordance with
applicable State of Wisconsin procurement regulations and the
Wisconsin public records law. Proprietary restrictions normally
are not accepted. However, when accepted, it is the vendor's
responsibility to defend the determination in the event of an
appeal or litigation.
27.1
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a result
of the contracted commodities or services cannot be
copyrighted or patented. All data, documentation, and
innovations become the property of the State of
Wisconsin.
27.2
Any material submitted by the vendor in response to this
request that the vendor considers confidential and
proprietary information and which qualifies as a trade
secret, as provided in s. 19.36(5), Wis. Stats., or material
which can be kept confidential under the Wisconsin
public records law, must be identified on a Designation of
Confidential and Proprietary Information form (DOA3027). Bidders/proposers may request the form if it is
not part of the Request for Bid/Request for Proposal
package.
Bid/proposal prices cannot be held
confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.),
a member of a state public official's immediate family, or any
organization in which a state public official or a member of the
official's immediate family owns or controls a ten percent (10%)
interest, is a party to this agreement, and if this agreement
involves payment of more than three thousand dollars ($3,000)
within a twelve (12) month period, this contract is voidable by
the state unless appropriate disclosure is made according to s.
19.45(6), Wis. Stats., before signing the contract. Disclosure
must be made to the State of Wisconsin Ethics Board, 44 East
Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123).
State classified and former employees and certain University of
Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
Page 3 of 3
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
2.0
CERTIFICATION
OF
INDEPENDENT
PRICE
DETERMINATION:
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:
2.1
2.2
The prices in this bid/proposal have been arrived at
independently, without consultation, communication,
or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder/proposer or with any competitor;
Unless otherwise required by law, the prices which
have been quoted in this bid/proposal have not been
knowingly disclosed by the bidder/proposer and will
not knowingly be disclosed by the bidder/proposer
prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated
procurement, directly or indirectly to any other
bidder/proposer or to any competitor; and
2.3
No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose
of restricting competition.
2.4
Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's organization responsible within that organization for the
decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in
any action contrary to 2.1 through 2.3 above; (or)
3.2
4.0
DUAL EMPLOYMENT:
Section 16.417, Wis. Stats.,
prohibits an individual who is a State of Wisconsin employee
or who is retained as a contractor full-time by a State of
Wisconsin agency from being retained as a contractor by the
same or another State of Wisconsin agency where the
individual receives more than $12,000 as compensation for
the individual’s services during the same year.
This
prohibition does not apply to individuals who have full-time
appointments for less than twelve (12) months during any
period of time that is not included in the appointment. It does
not include corporations or partnerships.
5.0
EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person
or persons and of the contracting agency.
6.0
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831
Wis. Stats., regarding conflicts of interests by directors in the
conduct of state contracts.
7.0
RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of
all expenditures incurred under the contract. All records must
be kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for
the decision as to the prices being offered herein, but
that he/she has been authorized in writing to act as
agent for the persons responsible for such decisions
in certifying that such persons have not participated,
and will not participate in any action contrary to 2.1
through 2.3 above, and as their agent does hereby so
certify; and he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3
above.
3.0
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1
Prior to award of any contract, a potential contractor
shall certify in writing to the procuring agency that no
relationship exists between the potential contractor
and the procuring or contracting agency that interferes
with fair competition or is a conflict of interest, and no
relationship exists between the contractor and another
person or organization that constitutes a conflict of
interest with respect to a state contract.
The
Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state.
Contractors shall agree as part of the contract for
services that during performance of the contract, the
contractor will neither provide contractual services nor
enter into any agreement to provide services to a
person or organization that is regulated or funded by
the contracting agency or has interests that are
adverse to the contracting agency. The Department
of Administration may waive this provision, in writing, if
those activities of the contractor will not be adverse to
the interests of the state.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not
less than three (3) years after final payment is made.
8.0
INDEPENDENT CAPACITY OF CONTRACTOR:
The
parties hereto agree that the contractor, its officers, agents,
and employees, in the performance of this agreement shall
act in the capacity of an independent contractor and not as
an officer, employee, or agent of the state. The contractor
agrees to take such steps as may be necessary to ensure
that each subcontractor of the contractor will be deemed to
be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner of
the state.
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