12-5900 Request for Bid Package

12-5900 Request for Bid Package
VENDOR NET TRANSMISSION COVER LETTER
DATE:
July 20, 2011
When using Vendor Net, you may submit your bid through one of the following options: U.S. mail, handdelivery, fax or e-mail. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid
must be received and time stamped in by Purchasing Services, 21 N Park St, Suite 6101, Madison, WI
53715-1218, prior to 2:00 PM on the bid due date to be considered on time. Bids not so stamped shall be
considered late. Late bids shall be rejected.
If you have any questions concerning these instructions, please contact the University of WisconsinMadison Purchasing Services (Bid Processing) at (608) 262-0059.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-0059  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
University of Wisconsin - Madison
REQUEST FOR BID
AGENT: Charlie Simonson
Questions regarding this bid – see Section 3.1
THIS IS NOT AN ORDER
OFFICIAL SEALED
CONTRACT NUMBER:
12-5900
For Submittal of Bid Instructions – see Section #1.
Bid prices and terms shall be firm for sixty (60) days
from the date of bid opening, unless otherwise specified
in this Request for Bid by the UW-Madison Purchasing
Services.
ISSUE DATE: 7/20/11
DUE DATE: 8/11/11 2:00 PM CDT
If NO BID (check here)
and return.
Unless otherwise noted, public openings will be on the
date and time specified. Award(s), if any, will be made
as soon thereafter as possible.
The bid abstract will be on file and is open to public
inspection only after award determination has been
made.
DESCRIPTION
Control of Pest Plants in the Lakeshore Nature Preserve
for the period August 15, 2011, through August 14, 2013, or two years after date of award, and will be automatically be
renewed for 3 additional one-year terms.
MANDATORY SITE VISIT ON: August 3, 2011
Current contract may be viewed at http://www.bussvc.wisc.edu/purch/contract wp5900.html.
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge
that the UW-Madison Purchasing Services bid document on file shall be controlling. We certify that we have not, either
directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of
free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this
bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this
bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated
statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I
understand that any false, misleading or missing information may disqualify the bid.
COMPANY NAME:
COMPANY STREET ADDRESS:
COMPANY CITY, STATE & ZIP:
SIGNATURE:
DATE :
TYPE OR PRINT NAME:
TITLE:
TELEPHONE NUMBER: (
)
FAX NUMBER:
EMAIL ADDRESS:
FEIN NUMBER:
DUNS #:
(
)
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 12-5900
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Eligible Purchasers
2.4 Affirmative Action
2.5 Wisconsin Sales and Use Tax Registration
2.6 VendorNet
2.7 Orders
2.8 Campus Delivery Requirements
2.9 Parking
2.10 Smoke-Free Environment
2.11 Promotional Materials
2.12 Supplier Diversity
3-6
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.3 Contract Term
3.4 Site Visit
3.5 Conflict of Interest
3.6 Proprietary Information
3.7 Reasonable Accommodations
3.8 Protests
3.9 Method of Bid
3.10 Method of Award
7-9
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Client List/References
4.4 Fair Price Analysis
4.5 Minimum Order
4.6 Debarment
10-11
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 Firm Prices
5.2 On Site Service
5.3 Timeliness of Delivery
5.4 Additional Services
5.5 Invoicing Requirements
5.6 Invoice Payment
5.7 Insurance
5.8 Subcontracting
5.9 Activity Reports
5.10 Contract Termination
5.11 Audit
5.12 Executed Contract to Constitute Entire Contract
12-15
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 12-5900
TABLE OF CONTENTS (Continued)
PAGE
SECTION #6: SPECIFICATIONS
6.2 Performance Standards
6.3 Compliance with Laws
6.4 Tools and Equipment
6.5 Post Award Meeting
6.6 Removal and Control of Pest Plant Services
6.7 Removal of Waste Materials from Job Site
6.8 Equipment and Facilities Availability
6.9 Water Availability for Mixing Chemicals
6.10 Chemical Application Areas
6.11 Protection of Preserve and People
6.12 Notification, Posting and Record Keeping
6.13 Acceptance of Initial Coverage
6.15 Reporting to Job Site
16-20
ATTACHMENT A BIDDER RESPONSE SHEET
ATTACHMENT B ITEMIZED BID LIST
ATTACHMENT C CLIENT REFERENCE LIST
ATTACHMENT D BIDDER INFORMATION SHEET
ATTACHMENT E STANDARD TERMS AND CONDITIONS
ATTACHMENT F CERTIFICATION OF SITE VISIT FORM
ATTACHMENT G PESTICIDE USE POLICY
ATTACHMENT H LAKESHORE NATURE PRESERVE TRAIL MAP
ATTACHMENT I TREATMENT AREA MAPS (TO BE HANDED OUT AT SITE VISIT)
21-24
25
26
27
28-32
33
34-38
39
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 1 OF 39
INTRODUCTION
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW-Madison Purchasing Services prior to 2:00 p.m. CDT on the stated bid
due date to be considered. Bids not so date/time stamped shall be considered late. Late bids shall be rejected. We have supplied you with a pre-addressed
return label. Please fill in your vendor name and address on the return label to help us identify this bid response. Please use one of the options below for return
of your bid.
MAIL TO:
[Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218]
Original and one (1) copy of mailed bids must be received and date/time stamped prior to 2:00 p.m. CDT on the stated bid due date.
HAND DELIVER TO:
[Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218]
Original and one (1) copy of hand-delivered bids may be delivered by vendor or third-party/courier service in a sealed envelope or package. Call 608-2621526 for assistance upon arrival. Bids must be received and date/time stamped prior to 2:00 p.m. CDT on the stated bid due date.
FAX TO:
[FAX: (608) 262-4467 (AVAILABLE 24 HOURS A DAY)]
For your faxed bid to be considered valid by UW-Madison Purchasing Services:
1.
A complete copy of the entire transmitted response must be received and date/time stamped at Purchasing Services prior to 2:00 p.m. CDT on the stated
bid due date.
2.
Original copy of bid to be delivered (via hand delivery, mail or courier) within one (1) business day after the stated bid due date must be received at
Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.
E-MAIL TO:
[[email protected]]
For your e-mailed bid to be considered valid by UW-Madison Purchasing Services:
1.
A completed copy of the entire response must be received and be available for printing or processing prior to 2:00 p.m. CDT on the stated bid due date
via e-mail. Submitting a bid to any other e-mail address than [email protected] does not constitute receipt of a valid bid by Purchasing Services.
Prior to the bid deadline, bidder is responsible for confirming that their e-mailed bid response has been successfully received. Proof of transmission
doesn't constitute proof of receipt.
2.
Original copy of bid should be delivered (via hand delivery, mail or courier) to Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715, by
4:00 p.m. CDT on the business day following the stated bid due date.
If the e-mail submission does not contain ACTUAL signatures and initials (not computer generated), then those pages that require signatures and/or
initials should be signed and returned via fax (608-262-4467) and should be received prior to 2:00 p.m. CDT on the stated due date.
VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU LISTED ON THE REQUEST FOR
BID FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: 12-5900
DUE DATE: 08/11/11
TIME: 2:00 PM CDT
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
1.1
BID RESPONSE REQUIREMENTS:
In order for your bid to be considered, the following forms/information must be completed and submitted
as part of your bid response. Failure to provide these forms/information with your bid submittal may
disqualify your bid.
1.
2.
3.
4.
5.
6.
7.
1.2
CONTRACT NO.: 12-5900
PAGE 2 OF 39
Request for Bid Form (signed)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)
Itemized Bid List (Attachment C)
Client Reference List (Attachment D)
Bidder Information Sheet (Attachment E)
Certification of Site Visit form (Attachment F)
PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID (If faxing or e-mailing your bid, one copy is
sufficient – do not submit twice).
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 3 OF 39
SECTION #2: GENERAL INFORMATION
Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are
defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given
specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right
to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO
MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the
awarded bidder’s (Contractor’s) response information shall become the Contract.
2.1
Purpose:
The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Facilities Planning
& Management Purchasing office, hereinafter referred to as "Purchasing," on behalf of the Lakeshore Nature
Preserve, hereinafter referred to as "Preserve", requests bids for the Controlling of Pest Plants.
Scope:
This bid is for the control of pest plants at the Preserve. The 300 acre Preserve is located on the main UWMadison campus. General information about the Preserve can be viewed on the website at
http://www.lakeshorepreserve.wisc.edu/ with a detailed interactive map.
Pest plant control services may be requested anywhere within the Preserve. Specific treatment areas will be
determined by the Preserve’s Field Manager or designee. It is anticipated that the Preserve will require pest
plant removal on approximately 12 acres during the initial 12 month period of this contract (August 15, 2011 –
August 14, 2013). Work may occur throughout the year, although some work activities are season dependent.
Control methods may include manual (hand-pulling or digging), mechanical (cutting and mowing), or chemical
(herbicide application) control of herbaceous (non-woody) and woody plants as specified by the Field Manager
or designee. Felling trees larger than 6 inches in diameter is outside the scope of this contract.
The Field Manager or designee will provide the Contractor with an anticipated work estimate at least twice
yearly. For Spring/Summer work (April - August) the Field Manager will provide notification no later than April 1.
For Fall/Winter work (September – March) the Field Manager or designee will provide notification no later than
August 1. Within five (5) days of receiving notification of estimated work, the Contractor will provide a written
response to the Field Manager or designee indicating if the Contractor will be able to complete work as detailed
in the notification. As unanticipated needs require, the Field Manager or designee may request additional
services throughout the year, not specifically detailed in the anticipated work estimate.
Bidders must attend an on-site orientation to the Preserve, prior to submitting a bid, to receive information
regarding likely treatment areas and treatment protocol.
The estimated annual value of this contract is $25,000.00. The University does not guarantee to purchase any
specific quantity or dollar amount.
Revisions to this bid may be made only by an official written amendment issued by Purchasing.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.2
CONTRACT NO.: 12-5900
PAGE 4 OF 39
Definitions:
The following definitions are used throughout the Special Conditions of Bid:
Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information
can be found in Section 3.1.
Bidder means a firm submitting a bid in response to this Request for Bid
CIC means Committee on Institutional Cooperation, a consortium of the Big Ten universities plus the University of
Chicago.
Contractor means successful Bidder awarded the bid.
DATCP means Wisconsin Department of Agriculture, Trade and Consumer Protection
Department means UW-Madison Department of Facilities Planning & Management.
Dump Site means Dane County Landfill located at 7102 Hwy 12, Madison WI
DVB means Disabled Veteran-Owned Business.
FP&M means Facilities Planning & Management
Holidays mean New Years Eve Day, New Years Day, Martin Luther King Day, Memorial Day, July 4 th,,, Labor
Day, Thanksgiving Day, Christmas Eve Day and Christmas Day.
Market Basket means a fixed list of items and quantities
MBE means Minority Business Enterprise.
Nonproductive workers means Contractor’s employees which include, but are not limited to, management
staff, administrative support, pre-apprentices, or other material handlers leaving materials or equipment at the
job site.
Ordering Department means a University department, who has received permission by the University to place
an order under this Contract, and is responsible for the management and oversight of the specific job to be
performed by the Contractor. In this case the Ordering Department is the Lakeshore Nature Preserve.
Portal to Portal means walking, riding, or traveling to and from the contractors’ actual place of business from
the job site.
Preserve means Lakeshore Nature Preserve
Purchasing means Facilities Planning & Management Purchasing Office
Regular hours are defined as Monday – Friday, 7:45 a.m. – 4:30 p.m. (CST)
RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
WBE means Woman-Owned Business Enterprise.
2.3
Eligible Purchasers:
All University of Wisconsin-Madison campus locations must be eligible to purchase from this contract.
In addition, other U.W. System campuses, State of Wisconsin agencies, Wisconsin municipalities, other CIC
member institutions and Non-Profit Organizations specifically linked by their mission to the University of
Wisconsin Madison, may desire to purchase from this contract. Bidders should state on the Bidder Response
Sheet whether they agree to provide contract items/services to these other locations.
A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns,
school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the
power to award public contracts.
This Contract must not be construed as mandatory upon any University campus, State agency or municipality.
The University reserves the right to issue separate bids when deemed in the best interest of the University.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.4
CONTRACT NO.: 12-5900
PAGE 5 OF 39
Affirmative Action:
As a State agency, the University requires Contractors issued any purchase order exceeding $25,000.00 to
provide an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your
company being banned from doing business with any agency of the State of Wisconsin. Additionally,
failure to comply with this requirement may result in termination of this contract and withholding of payment. On
the Bidder Response Sheet please provide the requested information.
For additional information see Section 17.0 of the Standard Terms and Conditions
(http://www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply. FAQ info is available at:
http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html. Instructions for completing a plan
are available upon request.
2.5
Wisconsin Sales and Use Tax Registration:
No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes
(vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin
Department of Revenue, the University and any other state agency can not issue any purchase orders to your
firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
2.6
VendorNet:
The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable
registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $25,000.00) as
solicited by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area,
please call 264-7898.
2.7
Orders:
Under this contract, Specific order(s) or Contract blanket order(s) may be issued to the Contractor(s). Bidder
should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail,
phone, etc.).
2.7.1 Specific order(s): issued as one-time orders.
2.7.2 Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue
releases against the Contract blanket order(s) as needed.
2.8
Campus Delivery Requirements:
2.8.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday,
during normal University business hours.
2.8.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several
designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of
perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus
service vehicles. For specific policy language, a campus map and restrictions, see the University
Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.
2.8.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the
30’ truck policy referenced in Section 2.9.2 above. Any unique delivery arrangements must be preapproved by contacting the ordering department or Material Distribution Services (MDS) at (608) 4974400. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries
they make for the Contractor.
2.9
Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own
arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room
#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or
violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed
and/or towed.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 6 OF 39
2.10
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.11
Promotional Materials/Endorsements:
Contractor agrees that they will not use any promotional or marketing material which states expressly or implies
that the University endorses either the Contractor or any party related to the Contractor or this Contract.
2.12
Supplier Diversity
2.12.1 Minority Business Enterprise Program (MBE)
The State of Wisconsin is committed to the promotion of minority business in the state's purchasing
program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.
Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin
Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in
the state's purchasing program.
The State of Wisconsin policy provides that minority-owned business enterprises certified by the
Wisconsin Department of Commerce, Bureau of Minority Business Development should have the
maximum opportunity to participate in the performance of its contracts. The supplier/contractor is
strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned
business enterprises or by using such enterprises to provide goods and services incidental to this
agreement, with a goal of awarding at least 5% of the contract price to such enterprises.
The supplier/contractor shall furnish appropriate information about its effort to achieve this goal,
including the identities of such enterprises certified by the Wisconsin Department of Commerce and
their contract amount.
A listing of certified minority businesses, as well as the services and commodities they provide, is
available from the Department of Administration, Office of the Minority Business Program, 608/2677806. The listing is published on the Internet at: http://doa.wi.gov/mbe/minority_search.asp?locid=0
2.12.2
Woman Owned Business (WBE)
The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in
560.035, Wisconsin Statutes.
The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin
Department of Commerce should have the maximum opportunity to participate in the performance of
its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by
awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods
and services incidental to this agreement.
2.12.3
Disabled Veteran Owned Business (DVB)
The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the
Wisconsin Department of Commerce should have the maximum opportunity to participate in the
performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further
this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such
enterprises to provide goods and services incidental to this agreement.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 7 OF 39
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1
Clarifications and/or Revisions through Designated Contact:
All communications and/or questions in regard to this request should be in writing and must reference the bid
number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when
permitted, must be directed to the Agent.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this
RFB, they have three (3) business days after the scheduled SITE VISIT to notify, in writing, the Agent at the
address shown below of such error and request modification or clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
TECHNICAL:
ADMINISTRATIVE:
Kathy Bear, Purchasing Agent
Facilities Planning and Management Purchasing Office
Room 101 Service Building
1217 University Ave., Madison, WI 53706-1589
PHONE 608/262-1327 -- FAX 608/262-0568
Email: [email protected]
Charlene M. Simonson, Purchasing Manager
ADDRESS SAME AS ABOVE
Phone: 608-265-0656 / Fax: 608-262-0568 / TTY 608/262-0825
Email: [email protected]
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or
which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the
Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation
time by reason of the error or its later correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this RFB, amendments and revisions will be provided to all recipients of this initial RFB.
3.2
3.3
Applicable Dates:
Date
Event
July 20, 2011
Date of Issue of the RFB
August 3, 2011
Site Visit
August 8, 2011
Written questions due
August 11, 2011-- 2:00 PM CDT
RFB Due Date (Local Madison Time)
Contract Term:
The initial term of this contract shall be August 15, 2011, or date of award, through August 14, 2013 or two (2)
years after date of award. This contract will be automatically renewed for three additional one-year
terms, with a contract end date of August 14, 2016, unless Purchasing is notified, in writing, by the
Contractor; or notifies the Contractor, in writing, 90 calendar days prior to expiration of the initial and/or
succeeding Contract term(s).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
3.4
CONTRACT NO.: 12-5900
PAGE 8 OF 39
Site Visit:
Bidder must visit the job site prior to submitting a bid to assure themselves and the University that they fully
understand all requirements of the project. The mandatory site visit will be on August 3, 2011 at 10:00 a.m.
Please call Kathy Bear at (608) 262-1327 to confirm your attendance at the site visit. The location for the site
visit is at the Frautschi Point Parking Lot, Madison WI (see attached map). Additional information about the
Preserve will be distributed at the site visit.
Failure to attend the mandatory site visit will disqualify your bid. In order for your bid to be considered, the
attached Certificate of Site Visitation form, completed by the bidder and signed by a Department
representative, should be submitted with your bid.
If weather conditions are in doubt, call to confirm whether the site visit will occur as scheduled. In the event of
inclement weather, the site visit may be rescheduled for August 4, 2011, at 10:00 a.m.
3.5
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest.
3.6
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be detailed separately on form
DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The
University cannot guarantee that all such material noted remains confidential, particularly if it becomes
a significant consideration in contract award. Information will only be kept confidential to the extent allowed
by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of
the form needed to designate portions of your submission as proprietary can be found at:
http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc
3.7
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
for your site visit, contact Agent.
3.8
Protests:
Any protest of the University's solicitation or intent to award must be based on violation of the State of Wisconsin
Administrative Code and the State Procurement Manual.
No later than five working days after the date of solicitation or the notice of intent to award is issued by the
University, written notice of intent to protest must be received by:
The Office of the Chancellor
The University of Wisconsin-Madison
500 Lincoln Drive
Madison, Wisconsin 53706
with a copy to:
Director of Purchasing Services
University of Wisconsin-Madison
21 N Park St, Suite 6101
Madison WI 53715-1218
The complete protest must be received by the Chancellor and the Director of Purchasing Services no later than
ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing.
Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State
Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.
The decision of the University regarding the protest may be appealed to the Secretary of the Department of
Administration within five working days after denial by UW, with a copy of such appeal filed with the University.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
3.9
CONTRACT NO.: 12-5900
PAGE 9 OF 39
Method of Bid:
Bidder must submit a net unit price for each of the Specified Items. Prices listed should be in US dollars
unless otherwise indicated.
3.9.1 Price submittals should be on Itemized Bid List from this bid packet. Bidder must submit on the Itemized
Bid List a Net Unit Price for each item as designated. Failure to submit bid prices for all Specified Items
on the ITEMIZED BID LIST shall result in rejection of your bid.
3.9.2 The hourly labor rate bid shall include, but not be limited to, costs for labor including workers,
supervisors and management; permits; licenses; portal to portal; use of tools and equipment (excluding
chippers); material hauling; taxes; vehicles; insurance; parking; administrative business costs; travel
time and mileage for filling water tanks, and any and all other costs which are necessary to provide
services per the terms, conditions and specifications of this Bid. The hourly rates shall apply only for
actual time spent by Contractor's employees on site providing service.
3.9.3 The price bid for glyphosate (as formulated in Roundup PRO®) shall be expressed as a price per gallon
for the concentrated product as packaged by the manufacturer. The University shall pay the Contractor
for the amount of product actually used in performing the work, at the rate established by the bid. Any
partially full container(s) when work is completed shall be the property and responsibility of the
Contractor.
3.9.4 Bids that are submitted with minimum time/and or minimum charges for any job will be disqualified.
3.10
Method of Award:
Award(s) shall be made on the basis of the lowest Net Lot Total based on a Market Basket of anticipated use
for this work, which is judged to be in the best interest of the University. The Market Basket, based on
Specified Items, shall be selected by the University prior to bid issuance and shall be made public at the time of
the bid opening. The University will multiply the bidder’s Net Unit Price for each respective line item by the
anticipated usage to equal a Net Item Total by line. The Net Item Totals by line will then be added together to
arrive at a Net Lot Total. Prices listed should be in US dollars unless otherwise indicated. Bids that state the
University shall guarantee a specific quantity or dollar amount must be disqualified.
3.10.1
It is intended that the entire award shall be to a single bidder. However, to insure service(s) can be
produced to meet our specifications and completed within the time required, the University may award
a primary and secondary contractor. Award(s) shall be made on the basis of the lowest Net Lot Total
to a Primary Contractor, and the second lowest Net Lot Total may be awarded to a Secondary
Contractor.
3.10.2
The University reserves the right to make an interim award and to require proof of performance
through a “trial” period of up to six months before awarding a final Contract. During this “trial” period,
the University shall review the Contractor's performance, including invoicing requirements, to ensure
complete compliance with the Contract.
If deficiencies are not remedied to the complete satisfaction of the University, the “trial” period shall be
canceled and award shall be made to the next lowest responsible bidder. The final interim award
decision rests with the University based upon the data it collects.
If the Contractor's performance demonstrates that the Contractor is capable of complete compliance
with the contract on a continuous basis for the six-month trial period, the University shall make a final
award for the contract.
Supplier Diversity Preferences
State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled
Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more
than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high
point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3),
15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 10 OF 39
SECTION #4: BIDDER QUALIFICATIONS
To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will
be disqualified (respond on "Bidder Response Sheet".)
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Contract Problems, Contract Renewal/
Cancellation, Invoice Information, Ordering/Expediting, Returns, Supplier Diversity, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Bidder Experience and Certifications
Bidder (company or its principals) must currently maintain a permanent place of business and must be in the
business of providing the application of herbicide to control pest plants in natural areas and must have done so
for the past three years.
4.2.1
Bids shall be considered only from Bidders regularly established in the application of herbicide to
control pest plants and who are able to show evidence of ability, reliability, experience; and who, in the
sole judgment of Purchasing, have adequate equipment and personnel directly employed or
supervised by them to render prompt and satisfactory service.
4.2.2
Any business that applies herbicides for payment must have a business application license. Each
person working for that business, including sole proprietors, who apply herbicides must be currently
certified as a commercial pesticide applicator and licensed by the Wisconsin Department of
Agriculture, Trade and Consumer Protection (DATCP). A non-certified and non-licensed individual
beginning employment with the contractor may register as a trainee with the DATCP to apply
pesticides on a temporary basis (maximum 30 days). A trainee must be supervised by a certified and
licensed applicator during his/her “hands-on” training.
4.2.3
Contractor should provide a copy of their commercial pesticide applicator certification and license with
their bid response for each person that may apply herbicides under this contract. Contractor shall also
provide copies of commercial pesticide applicator certification and license for any new employees who
work under this contract.
4.2.4
All staff provided by Bidder to perform this work must either be currently certified and licensed by
DATCP as a commercial pesticide applicator or a trainee supervised on-site by someone certified and
licensed by DATCP for commercial pesticide application. Bidder must furnish, within 48 hours of
request, the names of all certified staff and copies of their DATCP applicator licenses.
4.3
Client List/References:
Bidder must supply upon request a client list of three (3) firms to which similar services have been provided
during the past three (3) years to a comparable sized institution or company (see Attachment D). If contacted,
information received from those clients will be used to determine whether bidder can reasonably meet contract
requirements and specifications. Client references may be used in the award consideration.
4.4
Fair Price Analysis:
Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders
should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price
list, list of previous buyers, etc.) to allow the University to complete this analysis. If necessary for the award of
the Contract, the awarded Contractor will be required to provide this documentation prior to the order being
issued.
4.5
Minimum Order:
Bids that require any minimum order quantity or dollar amount shall be disqualified.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
4.6
CONTRACT NO.: 12-5900
PAGE 11 OF 39
Debarment:
Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards,
using federal funds, and all subrecipients certify that the organization and its principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or
agency from doing business with the Federal Government. By signing this document you certify that your
organization and its principals are not debarred. Failure to comply or attempts to edit this language may
disqualify your bid. Information on debarment is available at the following websites: www.epls.gov and
https://www.acquisition.gov/far/.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 12 OF 39
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1
Firm Prices:
5.1.1
Prices must remain firm for the initial contract term. Prices established may be lowered due to
changes in general market conditions or negotiations between the Contractor and the University.
5.1.2
Regular Hours
Single Regular Hourly Wage Rates shall be paid only for actual hours worked (no minimum billings or
portal to portal charges allowed) of any producing worker engaged in services on the projects and
shall be considered in computing the labor hours.
Single regular hourly rates are to include, but not be limited to, costs for labor including workers,
management and administrative staff, equipment, material hauling; permits; licenses; taxes, vehicles;
insurance; parking; administrative business costs and any and all other costs which are necessary to
provide services per the terms, conditions and specifications of this Bid.
Time of nonproductive workers shall not be included in computing the labor hours.
This contract will not require any overtime, weekend or holiday hours.
5.1.3
Rate Increases
5.1.3.1 Price increases must be labeled with the contract number and be submitted in the same
format as the original Itemized Bid List. Any price increase requested that is not submitted in
the proper format may be rejected.
5.1.3.2 Single Hourly Wage Rate increase requests proposed after the initial Contract term must be
received by Purchasing in writing 120 calendar days prior to the effective date of proposed
increase for acceptance or rejection. Proposed price increases are limited to fully
documented cost increases submitted with the request. If Purchasing deems cost increases
are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate
price increase requests with the Contractor. Acceptance of the price increases shall be in the
form of an amendment to the contract publication.
5.1.4
The University will reimburse the Contractor for actual tipping fees at the City of Madison Transfer
Station on Olin Avenue. All requests for reimbursements must accompany a copy of the tipping fee
weight slip that the contractor paid and shall be submitted along with the invoice for corresponding
work.
5.2
On Site Service:
In carrying out the scope of this Contract, the Contractor shall be required to perform services on University
property. Bidders cost must include all transportation and insurance charges. The Contractor is required to
maintain insurance in compliance with "Standard Terms and Conditions 22.0 Insurance" and Section 5.7 below.
5.3.
Timeliness of Delivery:
Pest plant control services will be delivered as appropriate for the treatment protocol. The critical “time window”
for certain chemical treatments (e.g., herbicide application to garlic mustard) will depend on weather conditions
and the state of plant development.
The Contractor is expected to deliver chemical treatment services only during periods when plant development
and weather conditions are optimal for effective control. The Field Manager or designee will determine when
optimal conditions exist (weather and plant growth) for chemical treatments, and may suspend treatment
activities if it is deemed that effective control cannot be achieved.
The Contractor will notify the Field Manager or designee EACH and EVERY time they plan on working in the
Preserve to confirm that optimal treatment conditions exist.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.4
CONTRACT NO.: 12-5900
PAGE 13 OF 39
Additional Services:
Additional manufacturers related items (e.g., herbicides) and or related contractors services may be added to
this Contract at the discretion of Purchasing. Prices shall be consistent with the Contract prices for like
items/services currently included in the Contract.
Contractor should promptly notify Purchasing of new or discontinued items.
5.5
Invoicing Requirements:
Invoices for Purchase Orders:
5.5.1
Contractor must agree that all invoices shall reflect the discounts and net prices established for the
items and/or services on this contract for all orders placed even though the contract number and/or
correct prices may not be referenced on each order.
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of
properly submitted invoices by University Accounts Payable. Before payment is made, Accounts
Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted
invoices will be officially processed for payment. The Prompt Payment Policy requires that your
invoices be clear and complete and in conformity with the list below and must be itemized showing:

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

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

Contractor name
remit to address
purchase order number
date of order/release
release number if given
Day/date/time of service
Location of service (street address, building name, department name, etc.).
List of workers, number of hours worked and hourly rate.
Prices per the Contract, itemized using complete item description identical to those stated in bid
so that the cost of service, equipment and chemicals can be identified by an auditor as being a
part of this Contract.
Costs for pre-approved subcontracting (See Section 6.15) shall be shown on the invoice as a
pass through cost without markup or additional charges. A copy of the subcontractor's invoice
shall accompany the Contractor's invoice.
Tipping Fee weight slips
The original invoice must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison,
WI 53715-1218 unless the customer identifies and establishes a different bill-to location.
5.5.2
An information copy of invoice, with required attachments, must also be sent to the Ordering
Department contact person who places orders against this Contract. The Contractor must determine
the proper mailing address for the information copy. This information will be available on the Purchase
Order document or the contract blanket order.
5.6
Invoice Payment:
In some cases and at the discretion of the University department customers, final payment may not be made
until the service meets specifications and has been accepted by the University.
5.7
Insurance:
The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A
certificate of insurance must be provided upon contract award and provided on an annual basis throughout the
term of the Contract.
The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers,
employees and agents are ‘additional insured’ under the commercial general and automobile liability
policies.”.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.8
5.9
CONTRACT NO.: 12-5900
PAGE 14 OF 39
Subcontracting:
5.8.1
Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon
request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#,
SS#) and signed W-9 form.
5.8.2
The Contractor shall be directly responsible for any subcontractor's performance and work quality
when used by the Contractor to carry out the scope of the job. University reserves the right to assess
Contractor Liquidated Damages in excess of the contract amount for Subcontractor’s failure to perform
or inability to complete required project milestones.
5.8.3
If insurance certificate(s) are necessary, the Contractor will help coordinate (as needed) the receipt of
the certificate(s) from the subcontractor.
5.8.4
Subcontractors must abide by all terms and conditions under this Contract.
5.8.5
If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables,
and project milestones prior to commencing work.
5.8.6
Costs for subcontracted work is to be shown on the invoice as only pass through costs without
additional markup charges.
Activity Reports:
Contractor must be able to report on an annual basis all services purchased against this Contract.
5.10 Contract Termination
This Contract may be terminated by either party for the following conditions:
5.10.1
After the initial term of the Contract, the University may terminate the Contract at any time,
without cause, by providing 30 days written notice to the Contractor. If the Contract is so
terminated, the University is liable only for payments for services provided or performed up to the
date of the termination.
5.10.2
Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the
other party in writing by mail of such failure and demand that the same be remedied within 15 calendar
days. Should the defaulting party fail to remedy the same within said period, the other party shall then
have the right to terminate this Contract immediately. Performance failure can be defined as but not
limited to: repeated unauthorized service, failure to respond to communication requests on a timely
basis, consistent and ongoing invoicing issues or failure to provide any of the Terms, Conditions,
Specifications or Special Conditions of Bid.
5.10.3
If at any time the Contractor’s performance threatens the health and/or safety of the University,
its staff, students or others who may be on campus, the University has the right to cancel and
terminate the Contract without notice.
5.10.4
Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be
cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance
as provided in the bid or under Section 22 of the University's Standard Terms and Conditions, the
University has the right to cancel and terminate the Contract without notice.
5.10.5
If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is
not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is
appointed and such appointment is not vacated within 90 calendar days, the University has the
right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to
terminate this Contract by giving 10 calendar days notice in writing of such termination.
5.10.6 All notices of performance failure must be submitted in writing to: Facilities Planning and
Management Purchasing Office, Room 101 Service Building, 1217 University Avenue, Madison
WI 53706. Purchasing shall be final authority for all performance failure determinations not
resolved through the ordering department (Lakeshore Nature Preserve).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 15 OF 39
5.11
Audit:
Contractor's records which pertain to this Contract shall be open for inspection and/or audit by the State and/or
University upon request for a period of five years after each Contract year. Records subject to audit include
job tickets, itemized materials slips and the detailed time records and rate of pay for any employee
who’s time is billed to the University for Services.
5.12
Executed Contract to Constitute Entire Contract
The University's Request for Bid the bid responses, written communications and this Contract constitute the
entire Contract between the parties. The hierarchy of documents in descending order for resolution is as
follows:
A.
B.
C.
D.
Contract Award Letter
Original Request for Bid Number 12-5900, dated July 20, 2011 including amendments/attachments
Bidder response to RFB
Official Purchase Order (when applicable)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 16 OF 39
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF SERVICES TO BE PROVIDED:
See Specifications and/or Itemized Bid List for the minimum acceptable specifications for items/services desired. If you
are bidding an alternate item, please provide complete specifications, documents and materials showing performance
features and details for the items/services you propose to furnish for the items being bid. For alternate items being bid,
the Bidder must clearly identify by manufacturer’s name, catalog and model number. See “Standard Terms and
Conditions,” items 1, 2, 3, and 5.1.
Failure to provide product specifications and information for service(s) bid may disqualify your bid. The University will
be the sole judge of equivalent acceptability between bidders responses.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1
Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of
construction, quality, functional capability and performance level desired. The bidder may offer an alternate
item believed to be an equal. Any alternate item bid must be clearly identified by manufacturer, catalog, model
or stock number. Adequate detailed specifications (including brochures, operating manuals, maintenance
manuals or other written materials) of any alternate item offered should be included with your bid to establish
equivalency.
6.2
Performance Standards:
6.2.1 All activities performed under this Contract shall conform to the Wisconsin Department of Agriculture,
Trade and Consumer Protection standards for commercial pesticide use.
6.2.2
6.3
All activities performed under this contract shall conform to the UW Madison Environment, Health and
Safety Department Pesticide Use Policy.
Compliance With Laws:
Contractor shall comply with all applicable federal, state and local laws and codes regarding working conditions,
hours of employment, overtime regulations, methods and rates of pay and any other regulations regarding
employer-employee relationships.
6.4
Tools and Equipment:
Contractors shall provide, at Contractor’s expense, all vehicles, tools of the trade, equipment and materials
necessary to perform the work to University specifications.
Wood chipper must have a working capacity to handle branches up to six (6) inches in diameter.
6.5
Post Award Meeting:
The successful bidder(s) (Contractor(s)) shall attend a post award meeting conducted at a time and place
designated by the University. All parties in the Contractor’s firm having a supervisory or managerial role for
Contractor shall be in attendance. At this meeting the Contractor shall be prepared to discuss and provide
detailed information concerning, but not limited to, the following:

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Contract Use and Limitations.
Workers who will participate in the Contract, including experience, training, and assigned
responsibilities during the project.
Wage Conditions and Rates.
Ordering Work.
Prior Notification of Work Start
Performance
Site Restoration and Removal of debris.
Invoicing
Subcontracting
Parking
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
6.6
CONTRACT NO.: 12-5900
PAGE 17 OF 39
Removal & Control of Pest Plant Services:
6.6.1 The main purpose of this Contract is to control non-woody and woody pest plants via manual,
mechanical, or chemical (herbicide) control methods. Control methods used shall be at the discretion
and direction of the Field Manager or their designee.
6.6.2
Contractor shall have in its employ sufficient qualified and competent personnel to perform work
promptly and in accordance with a schedule or work program, as approved by the University.
Contractor shall employ only such workers as are skilled in the tasks to which they are assigned.
Contractor shall be responsible for overseeing the work of all workers. The University may require the
Contractor not to assign any worker the University deems incompetent, careless, insubordinate, or
otherwise objectionable to work on University jobs.
For the application of herbicides, contractor must use only personnel who are currently certified as a
commercial pesticide applicator and licensed by DATCP. Contractor shall ensure that certification and
DATCP license is maintained during contract period.
6.6.3
Vehicles and equipment used for the control of pest plants (e.g., water truck, wood chipper, support
vehicles) will, to the extent feasible, be positioned on paved or gravel surfaces. When it is necessary to
operate vehicles or equipment on turf or on tree root zones the Contractor shall use ground protection
equipment to protect soil from compaction and turf damage.
6.6.4
All herbicide application must be performed by certified and licensed commercial pesticide applicators.
6.6.5
Contractor will schedule and perform requested control of pest plants within a time period specified by
the University. The University will prioritize pest plant control service requests so as to provide a
reasonable scheduling window for the Contractor.
6.6.6
Prior to beginning treatment activities, a representative of the Contractor shall meet with the Field
Manager or designee, to receive detailed instructions and ensure complete understanding of the project
requirements. The representative who attends should be the person who will have primary on-site
supervisory responsibility for the Contractor's employees while the work is performed. Instructions will
include identifying areas needing treatment. The time required for these instructions will not exceed 3
hours. The University will pay the Contractor for the time of the Contractor's representative at the
hourly rate established by the Contractor's bid.
6.6.7
Chemical treatments for non-woody plants: The type of herbicide and percent active ingredient will be
determined by the target pest plant, plant phenology, season, location and other factors to be
discussed with the Field Manager or their designee. Contractor must use a dye marker. Chemical
shall be applied using backpack low-pressure sprayer(s) or other hand portable sprayer(s). All
reasonable care shall be taken to avoid hitting non-target plants with chemical. No application shall be
made within 10 feet of a water body unless using an herbicide that is labeled safe for use in aquatic
environments.
6.6.8
Manual and mechanical treatment for non-woody plants: Contractor will pull, cut, dig, or mow pest
plants as identified by the Field Manager or designee. As appropriate, non-woody plants will be placed
in garbage bags and transported to a University provided dump site.
6.6.9
Manual, mechanical and chemical treatment of woody plants: Contractor will treat specified woody
plants as identified by the Field Manager or designee. Depending on plant species and
weather/seasonal conditions the protocol may include these options:
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


Basal bark treat the stem/trunk;
Cut and chip dead woody plants after they have been killed by basal bark treatment;
Remove the plant, including the root system, by pulling;
Cut the plant low to the ground, followed by immediate application of herbicide to the cut stump.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
6.7
CONTRACT NO.: 12-5900
PAGE 18 OF 39
Removal of Waste Materials From Job Site:
The University anticipates that in most circumstances, the Contractor will be directed to dispose of all nonwoody and woody plant materials, sawdust, leaves and/or nonhazardous debris produced daily to various
campus locations. Unless specific alternative arrangements are made with the Field Manager or designee, all
waste materials generated daily by the Contractor shall be removed from the job site by the Contractor the
same day it is produced. If the Field Manager or designee directs the Contractor to remove waste materials
from campus, disposal shall be according to City of Madison/Dane County rules and ordinances. The
University expects that no more than two laborers will be used to deliver plant waste to the dump site.
Contractor shall not incinerate debris, and/or dump waste by/in any street or road. The Contractor shall not
leave any waste debris in University dumpsters or in any non-contractor owned dumpsters.
6.7.1
Non-woody plant materials: When directed by Field Manager or designee to dispose of waste off
campus, disposal of all non-woody plant waste materials shall be delivered to the appropriate City of
Madison/Dane County waste sites.


6.7.2
Budding, flowering or fruiting pest plants (such as garlic mustard) must be bagged, sealed, and
delivered to the Dane County Landfill, 7102 Highway 12, Madison, or any Solid Waste landfill
licensed in Wisconsin under Wis Administrative Code NR 500.06.
Non-budding, non-flowering or non-fruiting pest plants must be taken to any of the three City of
Madison yard waste sites for composting: 4602 Sycamore Ave., 1501 W. Badger Rd.; or 402
South Point Rd.
Woody Plant Materials: Typically, woody plant materials are disposed of using one of the first two
options below. Option three is rare, but may be necessary at some point during the contract period.
When directed by Field Manager or designee, the Contractor shall collect, move and/or dispose of all
woody plant materials in any of the following manners:



Move materials to a University’s waste site at the direction of the Field Manager or designee; or
Chip materials and place wood chips at a University site as directed by the Field Manager or
designee; or
Remove materials from University job site to the City of Madison Brush Processing Center, 121
East Olin Avenue.
6.7.3
Tree Waste Materials
Tree waste appropriate for firewood generated by this Contract may be deposited at the designated
firewood distribution site on campus. Wood sections left at this site must be in lengths no greater than
4 feet and weigh no more than 75 pounds. Disposal of wood infected with pathogens shall be
discussed with Field Manager or designee.
6.7.4
If debris could be identified as hazardous waste, Contractor must contact the UW Madison
Environment, Health and Safety Department at 608-265-5000 for proper hazardous waste disposal
procedures.
6.7.5
No materials shall be salvaged by the Contractor or any party or given to any third party without the
approval of the FP&M Purchasing Office.
6.8
Equipment and facilities availability:
No equipment or interior facilities of the University will be available for storage of material, preparation or cleanup.
6.9
Water availability for mixing Chemicals
Contractor shall arrive at the work site with sufficient water (in a tank or other water containers) to mix enough
chemical to complete the assigned task; this prevents excessive travel time for refilling water containers.
6.10
Chemical Application Areas
Field manager or designee will provide maps showing treatment areas.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 19 OF 39
6.11
Protection of Preserve and People
Contractor shall comply with attached “Pesticide Use Policy for the University of Wisconsin-Madison” see
attached or go to website http://www.fpm.wisc.edu/chemsafety/pesticide%20use.HTM. Contractor shall not
store pesticide on the University of Wisconsin premises overnight, nor leave unattended chemical where it can
be accessed by children or others. Contractor shall be responsible for precautions to prevent all spills, and is
responsible for all spills, disposal, and fines. No chemical is to be leaked on to roadways or paths or non-target
vegetation. Appropriate apparatus shall be used to prevent spills during mixing. Contractor shall not drive
equipment off access roads or cause damage to lawns or natural areas. Contractor shall take all reasonable
care to prevent over-spray and damage to non-target plants while making chemical application to target plants,
including control of spray band and height. It is understood that some non-target ground layer plant damage is
unavoidable if the target plants are to be satisfactorily covered. However, herbicide application procedures
which minimize damage to surrounding trees, shrubs, and ground layer vegetation from over-spray or drift shall
be followed. Failure to manage materials with adequate protection to applicators, site, or other individuals will
be cause for work stoppage and termination of the contract.
6.12
Notification, Posting, Record keeping
The University will provide only the campus advance notification as required in the “Pesticide Use Policy for the
University of Wisconsin-Madison”.
The Contractor will install limited posting at trail heads or property entrances as specified below. The University
will not supply required signs or posts for mounting signs.
Contractor shall comply with the information and notification requirements of the Wisconsin Administrative
Code, Pesticide Use and Control (ATCP 29) and “Pesticide Use Policy for the University of Wisconsin-Madison”
posting procedures. The Contractor must provide required signage immediately prior to herbicide applications
at trail entries. Signage must include the pesticide’s common chemical or brand name, the re-entry time, and
the name of the firm that has applied the pesticide. Pesticide application signs or flags marking the pesticide
application shall be provided by the Contractor and must be placed in sprayed areas and left in place for 48
hours.
The Contractor must record the name of the chemical, the approximate amount used in an area, and the date
and time of application. A report including this information must be filed by December 28 of each year this
contract is in force, with the UW Madison Environment, Health and Safety Department located at 30 East
Campus Mall, Madison, WI 53715. A copy of the Material Safety Data Sheet for each chemical being used
must, prior to application, be sent to the UW Madison Environment, Health and Safety Department and be
available on site.
6.13
Acceptance of Initial Coverage
Treated areas will receive inspection by the Field Manager or designee to review coverage acceptability. If
coverage is determined to be unacceptable, the deficiency will be brought to the attention of the Contractor's
on-site supervisor. Continued unacceptable coverage shall be grounds for terminating the contract.
6.14
Purchasing shall have the option to contract with another vendor to provide these services if Contractor is
unable to meet the UW’s service needs for any reason.
6.15
Reporting to Job Site
Employee Identification: All Contractor’s employees, while working on University property, must wear a
clearly displayed photo identification badge or uniform showing name of employee and/or company
represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be
available but will not be required to be worn when protective clothing and respiratory protection is required.
6.15.1 When a job start date and time has been determined with the Contractor, the Contractor shall be on the
job site with adequate tools, be mobilized and ready to perform work at the agreed upon time and date
immediately upon arrival.
6.15.2 Upon request, the Contractor must notify the Ordering Department contact person each day when the
Contractor’s staff arrives and departs.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 20 OF 39
6.15.3 Each person who applies herbicides must be currently certified as a commercial pesticide applicator
and licensed by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). A
non-certified and non-licensed individual beginning employment with the contractor may register as a
trainee with DATCP to apply pesticides on a temporary basis (maximum 30 days). A trainee must be
supervised by a certified and licensed applicator during his/her “hands-on” training.
6.15.4 All staff provided by bidder to perform this work must either be currently certified and licensed by
DATCP or a trainee supervised on-site by someone certified with DATCP for commercial pesticide
application. Bidder must furnish, within 48 hours of request, the names of all certified staff and copies of
their DATCP applicator licenses.
6.15.5 Contractor shall maintain a daily time sheet for every job.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 21 OF 39
ATTACHMENT A: BIDDER RESPONSE SHEET
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections shown
in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response;
identify sections to which information applies.
YES
NO
SUPPLIER DIVERSITY PARTICIPATION:
Bidder understands that if they are awarded the contract, they agree to provide upon request,
information related to their Supplier Diversity expenditures related to this contract?
=======================================================================================
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard
Terms and Conditions, Attachments to the bid document, Bidder response and any UW Madison Purchase Order
will become the Contract between the University and the Contractor. Bidder must accept these Specifications,
Special and Standard Terms and Conditions or submit detailed and defined exceptions along with proposed
alternative or additional language for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will
not be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
=======================================================================================
Do you have the capability of putting the University’s specific pricing on a WEB site that is
accessible to University Purchasers through a unique logon ID?
If yes, does your Website provide a means of on-line ordering with our specific
pricing being applied automatically?
If yes, does your Order System accept Purchasing Cards for payment?
If yes, does your Order System provide a self service means for the customer to track
their order via Internet?
1.1
Have you completed and returned all forms required?
1.2
Have you included two (2) complete sets of your bid?
(only one (1) copy required if faxing or e-mailing)
2.3
Do you agree to extending the contract to other:
University of Wisconsin System campuses?
State of Wisconsin Agencies?
Wisconsin Municipalities?
Other CIC member institutions?
Non-Profit Organizations specifically linked by their mission to the
University of Wisconsin Madison?
If YES, indicate whether other charges will be added and what those
charges would be: ___________________________________________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 22 OF 39
YES
NO
2.7
What order method will you accept orders against this contract:
E-mail
Fax
Internet
Mail
Phone
Other: ______________________________________________
3.4
Have you made the required Site Visit?
4.1
Bidder must designate a person(s) to provide information on: Contract Problems, Contract
Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns, Supplier Diversity Reporting,
Affirmative Action, Questions on this RFB and Sales Representative.
CONTACT NAME
PHONE
NUMBER
FAX NUMBER
CONTACT NAME
PHONE
NUMBER
FAX NUMBER
CONTACT NAME
PHONE
NUMBER
FAX NUMBER
Contract Problems
Contract Renewal/Cancellation
Invoice Information
Ordering/Expediting
Returns
SUPPLIER DIVERSITY
REPORTING:
Address:
E-mail:
AFFIRMATIVE ACTION:
Address:
E-mail:
AFFIRMATIVE ACTION:
CONTACT NAME
Address:
E-mail:
PHONE NUMBER
FAX NUMBER
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
QUESTIONS ON THIS RFB:
CONTRACT NO.: 12-5900
PAGE 23 OF 39
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
Corporate Address:
E-mail:
SALES REPRESENTATIVE:
E-mail:
Website:
YES
4.2
Are you in the business of providing the application of herbicide to control pest plants in
natural areas and has your company or its principals done so for the past three years?
4.2.2 Is your business currently licensed to apply herbicides?
4.2.3 Are all applicators currently certified and licensed by DATCP in commercial
pesticide application?
4.2.4 Have you provided a copy of the names of all certified staff and copies of their DATCP
applicator licenses?
4.3
Have you provided a client list?
4.4
What type of documentation (i.e. published price list, list of previous buyers, etc.) will you
provide to assist the University in its fair price analysis in the event there is only one bidder
responding to the bid?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
4.5
Do you agree to no minimum order quantity or dollar amount?
4.6
Do you certify that neither your organization nor your principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency?
5.1.1
Do you agree to firm prices as stated?
5.1.2
Do you understand the Regular Hour wage rate?
5.1.3
Do you agree with process and timeframe identified for accepting price increases?
5.1.4
Do you understand what is required for reimbursement of tipping fees?
5.2
Are you bidding all prices On Site Service? (Be sure to read Section 5.2 carefully)
5.3
Can you meet delivery requirement?
If not, please state delivery time ____ days After Receipt of Order (ARO).
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 24 OF 39
YES
5.5
Will you agree that all invoices will reflect prices established for items on this Contract
for all orders placed even though the Contract number and/or correct prices may not be
referenced on each order?
5.7
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in Section 5.7?
Will you also have added the following language to the insurance certificate?
“The Board of Regents of the University of Wisconsin System, its officers, employees and
agents are added as an ‘additional insured’ under the commercial general and automobile
liability policies.”
5.8
Do you agree to subcontracting terms and conditions?
5.9
Can you report on items purchased on this contract if requested?
6.2
Do you agree to follow the specified performance standards?
6.3
Do you agree to follow all applicable laws as specified?
6.4
Do you understand that you are to provide all vehicles, tools of the trade, equipment
And materials necessary to perform the specified work?
6.6
Do you agree to the requirements for the services to control pest plants?
6.7
Will you follow all waste removal instructions?
6.8
Do you understand that no equipment or indoor facilities are available?
6.9
Do you agree to arrive at the work site with sufficient water to complete the assigned task?
6.11
Do you agree to follow the University’s Pesticide Use Policy as specified?
6.12
Will you follow all notification, posting and record keeping as specified?
6.13
Do you understand acceptance of treated areas?
6.15
Will you agree to have all employees wear appropriate identification?
6.15
Do you agree to employ personnel for this contract as specified?
6.15
Will you only use staff certified and licensed by DATCP in commercial pesticide application?
6.15
Will you follow all procedures for reporting to the job site?
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 25 OF 39
ATTACHMENT B: ITEMIZED BID LIST
Costs which are not specifically identified below will not be compensated under any Contract awarded
pursuant to this RFB.
ITEM
QTY
SPECIFIED ITEM DESCRIPTION
NET UNIT
PRICE
1
1 EA
Pesticide Applicator (Bid one rate only)
$ ___________/hour
2
1 EA
Laborer (Bid one rate only)
$ ___________/hour
3
1 EA
Glyphosate (Roundup PRO® herbicide concentrate or equivalent)
undiluted. (Dry formulation is not acceptable)
Identify
product:__________________________________________
$___________/gallon
4
1 EA
Wood Chipper (must accommodate materials up to 6” in diameter)
$ __________/hour
5
1 EA
Triclopyr (Garlon 4®, Element 4 or equivalent). Diesel may not be
used as the oil carrier.
Identify
product:__________________________________________
$___________/gallon
6
1 EA
Triclopyr (Garlon 3A®, Element 3A or equivalent)
Identify
product:__________________________________________
$___________/gallon
OPTIONAL: BIDDER MAY LIST ADDITIONAL PRODUCTS OR ITEMS WHICH MAY BE USED ON PESTICIDE
APPLICATIONS. FOR CHEMICALS, BE SPECIFIC PROVIDING BOTH THE PRODUCTS TRADE NAME AND THE
GENERIC CHEMICAL NAME. THE UW RESERVES THE RIGHT TO APPROVE ANY PRODUCT FOR USE ON
CAMPUS.
ITEM
QTY
ADDITIONAL PRODUCT DESCRIPTION
NET UNIT
PRICE
7
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
8
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
9
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
10
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
11
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
12
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
13
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
14
1 EA
$ ___________ per
hour, gallon or ounce
(circle one)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 26 OF 39
ATTACHMENT C - CLIENT REFERENCE LIST
1.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference,
including references from within the UW System. The University reserves the right to disqualify any Bidder
whose references don’t support their stated claim of qualifications in their response.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 27 OF 39
ATTACHMENT D: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR
BID RESPONSE
1. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, please indicate below if you are
a Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned
Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:
http://www.commerce.state.wi.us/bd/BD-MinorityandWomen.html or
http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65).
____ Minority (MBE)
____ Work Center (WC)
____Disabled Veteran-Owned Business (DVB)
____ Woman Owned Business Enterprise (WBE)
___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above when making the
award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your
organization. All vendors are considered Large Business unless otherwise indicated (see website:
www.sba.gov/). (Check √ all that apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are
manufactured to the greatest extent in the United States when all other factors are substantially equal.
“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the
material covered in your bid/proposal were manufactured in whole or in substantial part within the
United States, or the majority of the component parts thereof were manufactured in whole or in
substantial part in the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to
promote environmentally sound procurement, usage and disposal methods which are in compliance with
State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program
for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts
whenever possible. The Contractor shall not use INSTAPAK (or similar) or mix starch and Styrofoam
peanuts under any circumstances. Each product shall be separately pre-packed in accordance with
commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or
Bubble-Jet packs).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 28 OF 39
ATTACHMENT E: STANDARD TERMS AND CONDITIONS
1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific
manufacturer and model numbers are used, they are to establish a design, type of construction, quality,
functional capability and/or performance level desired. When alternates are bid/proposed, they must be
identified by manufacturer, stock number, and such other information necessary to establish equivalency.
The UW-Madison shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates which may result in rejection of their bid/proposal.
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or
specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the
request. Each deviation and exception must be identified by the section, page and paragraph to which it
applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with
all terms, conditions, and specifications and the bidder/proposer shall be held liable.
3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are
used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior
written approval by the University.
4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University
reserves the right to increase or decrease quantities to meet actual needs.
5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational
institutions also qualify for educational discounts. Unit prices shall reflect these discounts.
5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs.,
doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit
price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and
contract administration.
5.2 Prices established in continuing agreements and term contracts may be lowered due to general
market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the
date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days
before the proposed effective date of the price increase, and shall be limited to fully documented
cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under
which price increases may be granted shall be expressed in bid/proposal documents and contracts
or agreements.
5.3 In determination of award, discounts for early payment will only be considered when all other
conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount
terms are deemed favorable. All payment terms must allow the option of net thirty (30).
6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales
Act.
7.0 ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a
bid/proposal as deemed to be in the best interest of the State of Wisconsin.
8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor
by University. No other purchase orders are authorized.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 29 OF 39
9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if
required), and accepted as specified.
9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the
purchase order including reference to purchase order number and submittal to the correct address
for processing. Invoice payment processing address is shown on the upper left corner of the
purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not
send invoices to the ship to address.
9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty
(30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the
agency of a dispute before payment is due.
9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of
invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of
goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on
the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the
invoice will be taken.
9.4 Invoices submitted not in accordance with these instructions will be removed from the payment
process and returned within ten (10) days.
9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing
card contact.
10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax
and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.
The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however,
University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 3973-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter
32 of the Internal Revenue Code.
10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or
occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel
and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its
purchases. The University may be subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to
pay state use tax on the cost of materials.
11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to
promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract
price when alternate procurement is necessary. Excess costs shall include the administrative costs.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order
awarded as a result of this request except where special requirements are stated elsewhere in the
request; in such cases, the special requirements shall apply. Further, the written contract and/or order
with referenced parts and attachments shall constitute the entire agreement and no other terms and
conditions in any document, acceptance, or acknowledgment shall be effective or binding unless
expressly agreed to in writing by the University.
13.0 APPLICABLE LAW: This Agreement shall be construed under the laws of the State of Wisconsin.
Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The
Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances
and regulations which are in effect during the period of this contract and which in any manner affect the
work or its conduct.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 30 OF 39
14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser.
Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to
goods, materials or services purchased in connection with this contract.
15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned
or delegated without the prior written consent of the University.
16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing
Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218.
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employe or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin
Statutes, sexual orientation as defined in s.111.32(13m) Wis. Stats., or national origin. This
provision shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Except with respect to sexual
orientation, the Contractor further agrees to take affirmative action to ensure equal employment
opportunities.
17.2 Contracts estimated to be over 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) employes. Within fifteen (15) working days
after the contract is awarded, the Contractor must submit the plan to the contracting state agency for
approval. Instructions on preparing the plan and technical assistance regarding this clause are
available from the contracting state agency.
17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for
employment, a notice to be provided by the contracting state agency that sets forth the provisions of
the State of Wisconsin nondiscrimination law.
17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared
an "ineligible" Contractor, termination of the contract, or withholding of payment.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these
Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 601.8 and does not and will not maintain any facilities provided for employees in a segregated manner.
The Contractor further agrees to obtain identical certifications from any subcontractors prior to the
award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for
audit purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein
guarantees the articles were manufactured or produced in accordance with applicable federal labor laws.
Further, that the sale or use of the articles described herein will not infringe any United States patent.
The Contractor covenants that it will at its own expense defend every suit which shall be brought against
the University (provided that such Contractor is promptly notified of such suit, and all papers therein are
delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and
agrees that it will pay all costs, damages, and profits recoverable in any such suit.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must
comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the
Industrial Commission on Safety, and all applicable OSHA Standards.
20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a
hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data
Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 East
Campus Mall, Madison WI 53715-2609.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 31 OF 39
21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a
result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date
of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be
honored by the Contractor.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:
22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees
engaged in the work.
22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s)
which might occur in carrying out this agreement/contract. Minimum coverage shall be one million
dollars ($1,000,000) liability for bodily injury and property damage including products liability and
completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles
that are used in carrying out this contract. Minimum coverage shall be one million dollars
($1,000,000) per occurrence combined single limit for automobile liability and property damage.
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from
an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best
rating of A-, and signed by an authorized agent. A minimum 60 day cancellation notice is desired.
23.0 CANCELLATION: The University reserves the right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the Contractor to comply with terms, conditions,
and specifications of this contract.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their
payments offset by the State of Wisconsin.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is
for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including
contracts for both goods and services in which the services component is worth $25,000 or more within
any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the
Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States,
the United States Department of Health and Human Services, and their duly authorized representatives,
access to the Contractor's books, documents and records until the expiration date of four (4) years after
the approval of procurement activities.
26.0 PUBLIC RECORDS ACCESS: It is the intention of University to maintain an open and public process in
the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are
public unless otherwise specified. Records may not be available for public inspection prior to issuance of
the notice of intent to award or the award of the contract.
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 (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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 32 OF 39
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public
official's immediate family, or any organization in which a state public official or a member of the official's
immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this
agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appropriate disclosure is made according to s.
19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin
Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employes and certain University faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or
employe responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best
of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in
connection with the submitted bid/proposal. Signing the bid/proposal with a false statement shall void the
submitted bid/proposal and any resulting contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled
materials whenever technically or economically feasible.
Bidders/proposers are encouraged to
bid/propose products with recycled content which meet specifications.
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or claims of any character brought for or on account
of any injuries or damages received by any persons or property resulting from the operations of the
Contractor, or of any of its Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any
of its departments, agencies (University) or other subunits, or any state official or employee for
commercial promotion is prohibited. News releases pertaining to this procurement shall not be made
without prior approval of the University. Release of broadcast e-mails pertaining to this procurement shall
not be made without prior written authorization of the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and
must ensure that when engaged in the production of materials, supplies or equipment or the performance
of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are
performed by severely handicapped individuals.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation)
which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180,
Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the
Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate
commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign
corporation which desires to apply for a certificate of authority should contact the Department of Financial
Institutions, Division of Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.
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.
36.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis.
Stat. This shall result in requiring the successful bidder/proposer to include products provided by work
centers in its catalog for State agencies and campuses or to block the sale of comparable items to State
agencies and campuses.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 33 OF 39
ATTACHMENT F – SITE VISIT FORM
CERTIFICATION OF SITE VISIT
SOLICITATION #12-5900
This certifies that ___________________________________ (Name of Representative) of
_______________________________________________ (Name of Bidder’s Company) has visited the site
on ______________________ (Date) for the project described in the specifications, toured the facilities,
familiarized himself/herself with the facilities, and received the project briefing provided by the University.
This completed document must be signed and dated by the University’s representative and returned to be
considered for award.
___________________________________
(University Department Representative)
_________________________________
(Signature of Purchasing Representative)
___________________________________
Date
________________________________
Date
PURCHASING SERVICES
University of Wisconsin-Madison  21 N. Park St., Ste 6101  Madison, WI 53715-1218
608/262-0059  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 34 OF 39
ATTACHMENT G – PESTICIDE USE POLICY
Chemical and Environmental Safety
Environment, Health and Safety Department, 30 East Campus Mall, Madison, WI 53715-1227
Pesticide Use Policy
Objectives
Students, faculty, staff and visitors at the University of Wisconsin - Madison (UW) have the right to know
about potential exposure to pesticides. Additionally, the UW is required by its DNR Stormwater Permit to
adopt a Pesticide Use Policy which will reflect community standards and include the "best practices" for
pesticides used at comparable institutions. Through this policy, the UW hopes to minimize the pesticide
exposure risk to all individuals and the environment. Thus, the policy has two major objectives:


Inform the University of Wisconsin - Madison students, faculty, staff and visitors of campus pesticide
use.
Minimize pesticide contaminated runoff from University lands into lakes, ponds and streams.
Applicability
This Policy is applicable to the University of Wisconsin - Madison, including the Arboretum and campus
natural areas, as well as use by Athletics, FP&M, Housing and Recreational Sports. Private contractors
providing pest control programs for the campus are responsible for following this Policy. Pesticide users in
research and teaching are expected to abide by this Policy's objectives, although alternative procedures may
be allowed for the purposes of academic study.
With the exception of record keeping and reporting (see below), this Policy applies to both the indoor and
outdoor use of pesticides.
Agricultural Research Stations, UW-Extension facilities and other noncontiguous properties are not included
in this Policy.
Best Application Practices
Pesticide applicators are expected to use the most advanced practices (i.e., "best practices") that maximize
effectiveness and safety, and minimize environmental impact.
Continuously Improve Practices. Applicators are to minimize pesticide risks by following current best
practices and Integrated Pest Management (IPM), and by using lower risk pesticides. Applicators should stay
informed of current best practices, and are encouraged to consult with pesticide experts. Applicators need to
review regularly and evaluate alternative pest control methods.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 35 OF 39
Decide With Care. The following factors should be among those considered when deciding to use
pesticides: risks of pesticides to health and the environment; pest population; pest risks to health and safety;
and potential for economic or aesthetic damage. It is understood that these factors are difficult to assess and
balance in practice, and that turf and playing fields require special care to maintain their quality. Routine and
preventive uses should be minimized. Preventive use is acceptable when the need is highly probable (e.g.,
prevention of Dutch Elm Disease).
Minimize Risks. Application of pesticides should be conducted during hours of non occupancy to reduce
exposure risks. Following the pesticide application, the area should be secured according to label directions
to allow for drying, settling or absorption.
Informing the Campus Community
Pesticide applicators are to comply with the information and notification requirements of the Wisconsin
Administrative Code, Pesticide Use and Control (ATCP § 29, Subchapter IX). In addition, all campus
applicators are to inform the campus community of their pesticide use according to one of the following four
notification procedures. In every instance, applicators are to notify the Central Answering and Response
Service (CARS) at 263-3333 prior to their pesticide use so that advance notice can be given, if possible.
Advance notification should be standard practice for planned routine applications and is a requirement to
those individuals who have requested notice as part of a reasonable accommodation under the Americans
with Disabilities Act (ADA).




Advance Notice (most preferable). For ADA purposes, applicators are to notify CARS at least one
and preferably more days prior to any planned or routine application. This will allow CARS to
provide advance e-mail notification to those individuals who require it.
Uncertain Date Notice. There may be infrequent instances when the standard advance notification of
the planned or actual application date is not possible (e.g., weather dependent spraying). In these
instances, to inform those individuals who receive notice as part of an approved accommodation, the
applicator is to notify CARS of the potential application dates. CARS will then provide an e-mail
notice of the potential dates, along with their intention of providing an actual notice on the day of
application. Individuals who should avoid any pesticide exposure can call CARS to ascertain whether
spraying occurred before coming to campus. When the application date is finalized, the applicator is
to confirm with CARS that spraying will or has occurred so that CARS can provide an actual notice
of spraying.
Immediate Notice. There may be additional infrequent instances where an infestation requires
immediate attention and application. If it has been determined that a one day delay is not possible to
allow for the standard advance notice, the applicator is to notify CARS on the day that the application
is or will be occurring. CARS will provide notice as appropriate.
Onetime Seasonal Notice. A onetime seasonal notice to CARS will suffice for spot treatments of
minute quantities of pesticides (e.g., use of gylphosate for weeds or pyrethrums for flies).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 36 OF 39
Supplementary Information. In addition to the notification procedure described above, faculty,
staff, students and visitors should be informed of campus pesticide use by reasonable and effective
means, such as:

posting signs where pesticides have been applied (e.g., lawn signs for areas frequented by
visitors and students)

distributing posters, flyers and electronic mail to people who may frequent the application
area
publishing a notice in campus newspapers, newsletters or on WiscInfo. The Environment,
Health & Safety Department can post notifications at www.fpm.wisc.edu/safety.

The Environment, Health & Safety Department will respond to inquiries by providing label information,
answering questions about hazards and exposures, and directing people to other sources of information.
Information to Include. The information provided should be consistent with that required by ATCP § 29.55
for commercial applications to residential structures and includes:





the pesticide's common chemical or brand name
the date and time of the application
any post-application or reentry precautions
the date and time of reentry
the person or UW unit who will (or has) applied the pesticide
Include the site of application when information is distributed via fliers, e-mail and in newspaper notices.
The Environment, Health & Safety Department will also post general information on pesticide safety and
campus use at http://www2.fpm.wisc.edu/safety. Annual quantities of pesticide used outdoors will also be
posted there.
Record keeping and Reporting. UW departments are to record and report outdoor pesticide use that may
lead to runoff to the storm sewer system. Departments are to annually report to the UW Environment, Health
& Safety Department the total amount of pesticides used, why they were used, and special precautions taken.
These reports will be used for public information and internal review. Private pest control contractors must
also provide this information to the Environment, Health & Safety Department.
Because of the small quantities used and decentralization of purchasing records, internal reporting is not
required for pesticides used in research and teaching. When such data is available, however, researchers are
encouraged to report annual usage to the Environment, Health & Safety Department.
Practices for Spill Prevention and Response
Precautions must be taken to prevent spills and prepare for spill cleanup. Mixing, loading, emptying and
rinsing should be done on an impervious surface with secondary containment (e.g., a small plastic swimming
pool works well for this purpose). A sufficient amount of spill absorbents (e.g., oil dry) should be available
nearby.
Pesticide users are responsible for cleanup of any pesticide spills. The Madison Fire Department's Hazardous
Incident Team (HITeam) is available to clean large spills and when hazardous atmospheres may be present.
All spills must be reported to the Safety Department.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 37 OF 39
Practices for Waste Management and Minimization
Pesticide users should carefully plan their needs so that they purchase, store and prepare amounts equal to
their immediate need. Researchers should minimize waste by accepting samples only in quantities for which
they have immediate plans.
Rinsate should be disposed of by applying the material at or less than the prescribed application rates. Waste
and surplus pesticides and spill residues may also be disposed of by appropriate application at application
rates. Spill debris and larger quantities of waste and surplus pesticides generated by UW activities may be
disposed of via the UW Environment, Health & Safety Department at no cost to the user.
Users should regularly (at least every two years) review their storage areas and contact the Environment,
Health & Safety Department for disposal of surplus pesticides.
Contract applicators are responsible for proper disposal or removal of their rinsate, surplus and waste.
Compliance with Federal and State Laws
All UW departments, pesticide users and their supervisors shall comply with Federal and State laws that
apply to pesticide use. These laws require that:



Pesticides are stored, handled, and disposed of in accordance with label directions.
Under certain circumstances, persons who use pesticides must be trained or certified, or be
supervised by someone who has received formal training.
If required by the Wisconsin Department of Agriculture Trade and Consumer Protection, pesticide
users must be certified through a Pesticide Applicator's Certification Program.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5900
PAGE 38 OF 39
Policy History and Review
This Policy was originally adopted by the University of Wisconsin-Madison Chemical Safety
Committee on 23 April 1996. Additional language to address internal reporting and public
information was added with the approval of the Chemical Safety Committee on 16 July 1996.
The University may modify this Policy at any time. At a minimum, the University of WisconsinMadison Chemical Safety Committee (and perhaps other UW committees) will review this Policy
biennially.
Reviewer
Action
Date
UW Chemical Safety Committee
Approved
Approved revision
Interim Final
version Approved
Approved
23 April 1996
16 July 1996
18 March
1997
15 February
2000
Pesticide Subcommittee
Review and revise
2 December
1996
UW ADA Staff
Review
November
1999
UW Arboretum Committee
Review
March 1997
UW Physical Plant (Extermination
and Environmental Services)
Review
January 2000
UW Recreational Sports
Review
March 1997
UW Housing
Review
March 1997
UW Athletics Department
Review
March 1997
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
ATTACHMENT H – Lakeshore Nature Preserve Trail
Map
CONTRACT NO.: 12-5900
PAGE 39 OF 39
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