Bid Document B-035-20

Bid Document B-035-20
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
WI Dept. of Natural Resources
Attn: Konrad K. Plachetta
101 S. Webster St., Room 161
PO Box 7921
Madison, WI 53703-7921
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for
Bid #B-035-20 . Late bids will be rejected. Bids MUST be date and time stamped by the
soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time
stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute
receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not
being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e.,
not included with sample packages or other bids. Bid openings are public unless otherwise
specified. Records will be available for public inspection after issuance of the notice of intent to
award or the award of the contract. Bidder should contact person named below for an
appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date
of bid opening, unless otherwise noted. The attached terms and conditions apply to any
subsequent award.
REQUEST FOR BID
Bids MUST be in this office no later than
THIS IS NOT AN ORDER
April 27, 2012 2:00 P.M. CDT
BIDDER (Name and Address)
Name (Contact for further information)
Konrad K. Plachetta
email: [email protected]
Phone
Date
(608) 266-0311
April 10, 2012
Quote Price and Delivery FOB
Destination
Fax bids are accepted
Description
 Fax bids are not accepted
The Wisconsin Department of Natural Resources, with funding and technical assistance from US EPA, is
conducting a survey of Wisconsin wetlands within selected watersheds in the Wisconsin Intensification Study
Area to provide regional data and supplement national data on the condition of wetland resources. The scope
of this project is to conduct field sampling for 38 sites in Wisconsin, from June 1 through September,
30, 2012, and complete all data submission by November 30, 2012. The contractor must follow the
methods and data management protocols included in the most recent revision of EPA’s National Wetland
Condition Assessment: Site Evaluation Guidelines (EPA-843 – R10004, Attachment A), National Wetland
Condition Assessment: Field Operations Manual (EPA-843 – R10001, Attachment B) NWCA: USA Rapid
Assessment Method Manual (Attachment C), and the Quality Assurance Project Plan (QAPP) (EPA-843 –
R10003, Attachment D). Revised editions will be provided to the contractor when available.
Note: Please complete, sign and return the following forms: Request for Bid Form, Bid Price Sheet,Vendor
Information Form, Vendor Reference Form, Certificate of Insurance form.
Special Note: The successful bidder will be required to sign a contract. An example contract is included with
this bid package. Do not sign this example version as it is for Informational purposes only.
Questions
Questions may be directed to Konrad K. Plachetta (608) 266-0311; [email protected]
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder
must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor,
201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the
Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials
covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial
part in the United States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any
other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is
accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Phone
Signature of Above
Date
Fax
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities
(
(
)
)
Social Security No. if Sole
Proprietor (Voluntary)
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R02/2004)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired. When alternates are
bid/proposed, they must be identified by manufacturer,
stock number, and such other information necessary to
establish equivalency. The State of Wisconsin shall be the
sole judge of equivalency. Bidders/proposers are cautioned
to avoid bidding alternates to the specifications which may
result in rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
3.0
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written
approval by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
7.0
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any
bid/proposal submitted, and to accept any part of a
bid/proposal as deemed to be in the best interests of the
State of Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency. No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING: The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall
reflect these discounts.
6.1
6.2
6.3
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.
Prices established in continuing agreements and
term contracts may be lowered due to general
market conditions, but prices shall not be subject to
increase for ninety (90) calendar days from the
date of award. Any increase proposed shall be
submitted to the contracting agency thirty (30)
calendar days before the proposed effective date of
the price increase, and shall be limited to fully
documented cost increases to the contractor which
are demonstrated to be industrywide. The
conditions under which price increases may be
granted shall be expressed in bid/proposal
documents and contracts or agreements.
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).
A good faith dispute creates an exception to prompt
payment.
12.0
TAXES: The State of Wisconsin and its agencies are
exempt from payment of all federal tax and Wisconsin
state and local taxes on its purchases except Wisconsin
excise taxes as described below.
The State of Wisconsin, including all its agencies, is
required to pay the Wisconsin excise or occupation tax on
its purchase of beer, liquor, wine, cigarettes, tobacco
products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or
use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to pay state use tax
on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
14.0
ENTIRE AGREEMENT: These Standard Terms and
Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements
are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written
DOA-3054
Page 2 of 3
contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless
expressly agreed to in writing by the contracting authority.
15.0
APPLICABLE LAW: This contract shall be governed
under the laws of the State of Wisconsin. The contractor
shall at all times comply with and observe all federal and
state laws, local laws, ordinances, and regulations which
are in effect during the period of this contract and which in
any manner affect the work or its conduct. The State of
Wisconsin reserves the right to cancel any contract with a
federally debarred contractor or a contractor which is
presently identified on the list of parties excluded from
federal procurement and non-procurement contracts.
16.0
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
17.0
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
Wisconsin.
18.0
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
individuals.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: In
connection with the performance of work under this
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of
age, race, religion, color, handicap, sex, physical
condition, developmental disability as defined in s.
51.01(5), Wis. Stats., sexual orientation as defined in s.
111.32(13m), Wis. Stats., or national origin. This provision
shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship. Except with respect to
sexual orientation, the contractor further agrees to take
affirmative action to ensure equal employment
opportunities.
19.1
Contracts estimated to be over twenty-five
thousand dollars ($25,000) require the submission
of a written affirmative action plan by the
contractor. An exemption occurs from this
requirement if the contractor has a workforce of
less than twenty-five (25) employees. Within fifteen
(15) working days after the contract is awarded, the
contractor must submit the plan to the contracting
state agency for approval. Instructions on preparing
the plan and technical assistance regarding this
clause are available from the contracting state
agency.
19.2
The contractor agrees to post in conspicuous
places, available for employees and applicants for
employment, a notice to be provided by the
contracting state agency that sets forth the
provisions
of
the
State
of
Wisconsin's
nondiscrimination law.
19.3
Failure to comply with the conditions of this clause
may result in the contractor's becoming declared
an "ineligible" contractor, termination of the
contract, or withholding of payment.
20.0
PATENT INFRINGEMENT: The contractor selling to the
State of Wisconsin the articles described herein
guarantees the articles were manufactured or produced in
accordance with applicable federal labor laws. Further,
that the sale or use of the articles described herein will not
infringe any United States patent. The contractor
covenants that it will at its own expense defend every suit
which shall be brought against the State of Wisconsin
(provided that such contractor is promptly notified of such
suit, and all papers therein are delivered to it) for any
alleged infringement of any patent by reason of the sale or
use of such articles, and agrees that it will pay all costs,
damages, and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and
supplies provided to the State of Wisconsin must comply
fully with all safety requirements as set forth by the
Wisconsin Administrative Code, the Rules of the Industrial
Commission on Safety, and all applicable OSHA
Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the
bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply
as a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
24.0
23.1
Maintain worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property
damage including products liability and completed
operations. Provide motor vehicle insurance for all
owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage
shall be one million dollars ($1,000,000) per
occurrence combined single limit for automobile
liability and property damage.
23.3
The state reserves the right to require higher or
lower limits where warranted.
CANCELLATION: The State of Wisconsin reserves the
right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of
the contractor to comply with terms, conditions, and
specifications of this contract.
DOA-3054
Page 3 of 3
25.0
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
26.0
PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the
solicitation, submission, review, and approval of
procurement activities.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled
materials whenever technically and economically feasible.
Bidders are encouraged to bid products with recycled
content which meet specifications.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on an
order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1)
copy of a Material Safety Data Sheet for each item with
the shipped container(s) and one (1) copy with the
invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be
made without prior approval of the State of Wisconsin.
Release of broadcast e-mails pertaining to this
procurement shall not be made without prior written
authorization of the contracting agency.
32.0
HOLD HARMLESS: The contractor will indemnify and
save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or
claims of any character brought for or on account of any
injuries or damages received by any persons or property
resulting from the operations of the contractor, or of any of
its contractors, in prosecuting work under this agreement.
33.0
FOREIGN CORPORATION: A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform
to all the requirements of Chapter 180, Wis. Stats., relating
to a foreign corporation and must possess a certificate of
authority from the Wisconsin Department of Financial
Institutions, unless the corporation is transacting business
in interstate commerce or is otherwise exempt from the
requirement of obtaining a certificate of authority. Any
foreign corporation which desires to apply for a certificate
of authority should contact the Department of Financial
Institutions, Division of Corporation, P. O. Box 7846,
Madison, WI 53707-7846; telephone (608) 266-3590.
34.0
WORK
CENTER
PROGRAM:
The
successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of
Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers
certified under the State Use Law, s.16.752, Wis. Stat.
This shall result in requiring the successful
bidder/proposer to include products provided by work
centers in its catalog for State agencies and campuses or
to block the sale of comparable items to State agencies
and campuses.
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
28.0
PROPRIETARY INFORMATION: Any restrictions on the
use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in
accordance with applicable State of Wisconsin
procurement regulations and the Wisconsin public records
law. Proprietary restrictions normally are not accepted.
However, when accepted, it is the vendor's responsibility
to defend the determination in the event of an appeal or
litigation.
27.1
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a
result of the contracted commodities or services
cannot be copyrighted or patented. All data, documentation, and innovations become the property of
the State of Wisconsin.
27.2
Any material submitted by the vendor in response
to this request that the vendor considers
confidential and proprietary information and which
qualifies as a trade secret, as provided in s.
19.36(5), Wis. Stats., or material which can be kept
confidential under the Wisconsin public records
law, must be identified on a Designation of
Confidential and Proprietary Information form
(DOA-3027). Bidders/proposers may request the
form if it is not part of the Request for Bid/Request
for Proposal package. Bid/proposal prices cannot
be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), a member of a state public official's immediate
family, or any organization in which a state public official or
a member of the official's immediate family owns or
controls a ten percent (10%) interest, is a party to this
agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a twelve
(12) month period, this contract is voidable by the state
unless appropriate disclosure is made according to s.
19.45(6), Wis. Stats., before signing the contract.
Disclosure must be made to the State of Wisconsin Ethics
Board, 44 East Mifflin Street, Suite 601, Madison,
Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain
University of Wisconsin faculty/staff are subject to
separate disclosure requirements, s. 16.417, Wis. Stats.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT:
The
contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
2.0 CERTIFICATION
OF
INDEPENDENT
PRICE
DETERMINATION:
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own
organization, that in connection with this procurement:
2.1 The prices in this bid/proposal have been arrived at
independently, without consultation, communication, or
agreement, for the purpose of restricting competition, as to
any matter relating to such prices with any other
bidder/proposer or with any competitor;
2.2 Unless otherwise required by law, the prices which have
been quoted in this bid/proposal have not been knowingly
disclosed by the bidder/proposer and will not knowingly be
disclosed by the bidder/proposer prior to opening in the
case of an advertised procurement or prior to award in the
case of a negotiated procurement, directly or indirectly to
any other bidder/proposer or to any competitor; and
2.3 No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose of
restricting competition.
2.4 Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's
organization responsible within that organization for the
decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in any
action contrary to 2.1 through 2.3 above; (or)
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for the
decision as to the prices being offered herein, but that
he/she has been authorized in writing to act as agent for
the persons responsible for such decisions in certifying
that such persons have not participated, and will not
participate in any action contrary to 2.1 through 2.3 above,
and as their agent does hereby so certify; and he/she has
not participated, and will not participate, in any action
contrary to 2.1 through 2.3 above.
3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1 Prior to award of any contract, a potential contractor shall
certify in writing to the procuring agency that no
relationship exists between the potential contractor and
the procuring or contracting agency that interferes with fair
competition or is a conflict of interest, and no relationship
exists between the contractor and another person or
organization that constitutes a conflict of interest with
respect to a state contract.
The Department of
Administration may waive this provision, in writing, if those
activities of the potential contractor will not be adverse to
the interests of the state.
3.2 Contractors shall agree as part of the contract for services
that during performance of the contract, the contractor will
neither provide contractual services nor enter into any
agreement to provide services to a person or organization
that is regulated or funded by the contracting agency or
has interests that are adverse to the contracting agency.
The Department of Administration may waive this
provision, in writing, if those activities of the contractor will
not be adverse to the interests of the state.
4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits
an individual who is a State of Wisconsin employee or who is
retained as a contractor full-time by a State of Wisconsin
agency from being retained as a contractor by the same or
another State of Wisconsin agency where the individual
receives more than $12,000 as compensation for the
individual’s services during the same year. This prohibition
does not apply to individuals who have full-time appointments
for less than twelve (12) months during any period of time that
is not included in the appointment. It does not include
corporations or partnerships.
5.0 EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person or
persons and of the contracting agency.
6.0 CONFLICT OF INTEREST:
Private and non-profit
corporations are bound by ss. 180.0831, 180.1911(1), and
181.0831 Wis. Stats., regarding conflicts of interests by
directors in the conduct of state contracts.
7.0 RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of all
expenditures incurred under the contract. All records must be
kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not less
than three (3) years after final payment is made.
8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties
hereto agree that the contractor, its officers, agents, and
employees, in the performance of this agreement shall act in
the capacity of an independent contractor and not as an officer,
employee, or agent of the state. The contractor agrees to take
such steps as may be necessary to ensure that each
subcontractor of the contractor will be deemed to be an
independent contractor and will not be considered or permitted
to be an agent, servant, joint venturer, or partner of the state.
SPECIAL CONDITIONS OF BID
RFB #B-035-20
WISCONSIN WETLAND INTENSIFICATION STUDY
The Wisconsin Wetland Intensification Study requires a crew of four. The Soil Scientist and Lead Botanist
must have completed the 2011 EPA Region 5 NWCA Training Session and the Field Ecologist and Assistant
Botanist must have completed the 2011 EPA Region 5 NWCA Training Session or have NWCA field crew
experience. Due to the fact that the list of contractors with this experience is small the Department has created
two parts to this survey. Part A will be for a vendor that will provide an entire crew of four to complete this
work. Part B will be for vendors that are bidding to be an individual on the crew or to be a group of
individuals on the crew. The Department would prefer to have one contractor complete the entire project
however the Department may choose to select a combination of contractors that make up a whole team.
A. Contract and Contract Term: The Contractor will be required to sign the Department’s standard contract. An example
copy is included with this bid package. The contract period will cover the time from bid award through November 30,
2012.
B. Contract Extensions: This contract has no provision for extensions.
C. Bidder Qualifications: Bidder must submit a completed Vendor Information DOA Form 3477 Vendor
Information Form, Vendor Reference DOA Form 3478 detailing at least three (3) references which support
completion of services similar to those required for this bid. Bidders Qualifications Document: The bidder is
required to include a brief work history that is relevant to the work being described in this RFB. The work history
is to include information on how they meet the qualification as described in the scope of work section. A bidders
failure to supply the required and completed form or failure to supply references which support their firms ability
to meet the requirements of this bid are grounds for elimination of their bid from further consideration.
D. Specifications: The specifications shown on the attached Scope of Services Section are the minimum acceptable
specifications for the services. The requirements as listed in this document and attachments A through F will be
included in any contract signed as a result of this solicitation.
E. Method of Bid: Bidders must submit their prices for Part A and/or Part B. They must also submit the forms and
information as listed on the Bid Check List.
F.
Faxed bids will be accepted: Faxes can be sent to: Konrad K. Plachetta at 608-264-6277.
All faxed bid responses must have a facsimile transmission cover letter. This letter will include:
Date
Agency fax number (608)-264-6277
Agency name (Wisconsin Dept. of Natural Resources)
Agency contact person and telephone number (Konrad K. Plachetta, 608-266-0311)
Bidder fax number (if available)
Bidder name
Bidder contact person and telephone number
Number of pages (including cover) being transmitted
All faxed replies to bid requests will be signed. Each page will be initialed and numbered "page 1 of 5, page 2 of
5," etc. Faxed bids will be rejected if they do not arrive on time, i.e., the last page of the fax transmission must be
completed prior to the bid opening due date and time. Bidders who fax their bids must also submit an original
copy of the bid within one week of the bid opening.
Bids must be submitted by April 27, 2012at 2:00 PM CDT to one of the following two addresses depending on the bidders
planned method of delivery:
Return to:
US Postal Service
Express Mail/Hand Delivery
Attn: Konrad K. Plachetta - FN/2
Wisconsin Dept of Natural Resources
PO Box 7921
Madison WI 53707-7921
Attn: Konrad K. Plachetta - FN/2
Wisconsin Dept of Natural Resources
101 S. Webster St.
Madison, WI 53703
Receipt of a bid by the State mail system does not constitute receipt of a bid by the Purchasing Office for purposes of this
RFB. All bidders are responsible for the delivery of their bid package to this purchasing office prior to the stated
bid opening time. Late bids will be rejected.
G. Method of Award: Award will be made to the lowest responsive and responsible bidder based on the prices
submitted on the Bid Price Sheet. The Department may award the project to the lowest bidder in Part A or it may
award the bid to the lowest bidders of Part B. In Part B the Department may consider a vendor that submits two
or more persons as crew member as either individual bids or as a team bid of more than 1 and less than 4
members. Bidders are directed to use the attached Bid Checklist as a tool to help them submit a complete bid
package.
H. Bid Opening: There will be a public bid opening April 27, 2012 2:00 P.M. CDT, at the address indicated for
bid submission on the Request for Bid Form.
I.
Questions: Any questions concerning this RFB must be submitted in writing to:
Vendors are expected to raise any questions, exceptions or additions they have concerning the RFB document no later than
April 18, 2012, 4:30 PM CDT. Questions submitted after this date will not be accepted, however if at any time a vendor
discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor must
immediately notify the above named individual of such error and request modification or clarification of the RFB
document.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this
RFB, supplements or revisions will be posted on VendorNet.
Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions
thereof.
J.
Incurring Cost: The State of Wisconsin is not liable for any cost incurred by a vendor in the process of
responding to this RFB.
K. Certification for Collection of Sales and Use Tax: The State of Wisconsin shall not enter into a contract with a
vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied
with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales
and use tax.
L. How to get on the State of Wisconsin’s Bidders List: Vendors are directed to the State of Wisconsin’s
computerized vendor information system, ”VendorNet”, for additional electronic copies of this bid package, and
for information on receiving automatic notification of all state agency procurements over $50,000 in a vendors
particular area of interest. The web address for VendorNet is http://vendornet.state.wi.us. If there is a need to
solicit bids for additional services upon the completion of the contract initiated by this procurement, only vendors
registered with “VendorNet” will receive automatic notification of the bid. Your firms’ receipt of this bid in the
mail does not guarantee receipt of future bids for these services.
M. Minority Business (MBE) requirements: 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 contracting agency 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.
N. Intent to Award: Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's
award of the contract(s) as a result of this RFB.
After notification of the intent to award is made, and under the supervision of agency staff, copies of bids will be
available for public inspection 8:30 a.m. to 4:30 p.m. at 101 South Webster St., 2nd floor, Madison WI. Vendors
should schedule reviews with Konrad Plachetta at 608-266-0311 to ensure that space is available for the review.
O. Appeals Process: The Appeals process shall only apply to requests for services that exceed $25,000. Notices of
intent to protest and protests shall be made in writing. Protesters shall make their protests as specific as possible
and should identify statutes and Wisconsin Administrative Code provisions which are alleged to have been
violated. Any protest of this DNR solicitation or of any intent to award issued as a result of this RFB process,
must be made as provided by the Wisconsin Administrative Code and the State Procurement Manual. No later
than five (5) working days after the date of this solicitation or no later than five (5) working days after any intent
to award is issued by DNR, a written notice of a vendor’s intent to protest must be received by:
Cathy Stepp – Secretary
c/o Timothy Sell
Wisconsin Department of Natural Resources
101 S. Webster Street
PO Box 7921
Madison, WI 53703-7921
The complete written protest must then be received by the DNR Secretary (and/or her designee) at the above
address, no later than ten (10) working days after any notice of intent to award is issued, or no later than ten (10)
working dates after the date of this solicitation. All properly filed protests will be reviewed and the DNR
Secretary will issue a decision regarding the protest. The decision of the DNR Secretary may then be appealed to
the Secretary of the Department of Administration within five (5) working days of its issuance, with a copy of
such appeal filed with the DNR, provided that the appeal alleges a violation of a statute or a provision of a
Wisconsin Administrative Code
Scope of Services
Wisconsin Wetlands Intensification Study 2012
Wetland Field Sampling Crew:
Lead Botanist, Botanist Assistant, Soil Scientist (A/B Team Leader), Field Ecologist (A/B Team Member), Overall
Crew Leader
PERIOD OF PERFORMANCE: June 1, 2012 – November 30, 2012
BACKGROUND AND PURPOSE
The Wisconsin Department of Natural Resources, with funding and technical assistance from US EPA, is conducting
a survey of Wisconsin wetlands within selected watersheds in the Wisconsin Intensification Study Area to provide
regional data and supplement national data on the condition of wetland resources. It is designed using state-of-the
art survey techniques such that sampling sites are selected at random to represent the conditions of wetlands within
the Study Area. The assessment will generate statistically valid estimates of the condition of wetland communities
and of the extent of key stressors in these resources. The project, known as the Wisconsin Intensification Study, is
applying the National Wetland Condition Assessment (NWCA) design and protocols to assess wetland condition in
parts of the Lake Michigan Basin. This survey is based on a random probabilistic draw of 50 points total. During the
2011 field season 12 points were surveyed, leaving 38 surveys to complete during the 2012 field season. The
allowable sampling period will be from June 1 – September 30, 2012. Review of forms, completion of shipping
samples, and other non-sampling activities can take place after September 30, but all services must be completed by
November 30, 2012.
The scope of this project is to conduct field sampling for 38 sites in Wisconsin, from June 1 through
September, 30, 2012, and complete all data submission by November 30, 2012. The contractor must follow the
methods and data management protocols included in the most recent revision of EPA’s National Wetland Condition
Assessment: Site Evaluation Guidelines (EPA-843 – R10004, Attachment A), National Wetland Condition
Assessment: Field Operations Manual (EPA-843 – R10001, Attachment B) NWCA: USA Rapid Assessment Method
Manual (Attachment C), and the Quality Assurance Project Plan (QAPP) (EPA-843 – R10003, Attachment D).
Revised editions will be provided to the contractor when available.
Field measurements and samples are collected by a 4-person Field Crew divided into two trained teams, the
Vegetation Team (the Lead Botanist and Botanist Assistant) and the Assessment Area and Buffer (AB) Team (the
Soil Scientist and Field Ecologist). The two teams will work closely with each other, under the direction of an
overall crew leader, drawn from one of the 2 team leaders, who will direct all sampling activities.
The NWCA Assessment Area-Buffer (AB) Team is composed of two crew members, a Soil Scientist and a Field
Ecologist whose primary responsibilities include collecting high-quality soils, biological (e.g. % vegetative cover,
water quality), hydrology, and stressor data following the the Field Operations Manual and USA-Rapid Assessment
Method protocols, collecting and processing soil, algae and water chemistry specimens. The work of the A/B Team
will be conducted by a licensed Soil Scientist supervising a field ecologist. The NWCA Vegetation Team (Veg
Team) is composed of a Lead Botanist and a Botanist Assistant. Primary responsibilities for the Veg Team include
laying out the Assessment Area (AA) and vegetative plots, collecting high quality plant ecological data (including
species identities, presence and cover of individual species, presence and cover of vertical vegetation strata, and
counts of larger trees), and collecting and processing plant specimens.
RESPONSIBILITIES
Tom Bernthal, WDNR’s wetland monitoring coordinator, will be the Project Manager, overseeing the work of the 4person field crew and coordinating the project with EPA. The WDNR will provide EPA base field gear, site-kits,
and site maps with access directions for each site as listed in Attachment F to the Overall Crew Leader. Site kits
consist of data sheets, field forms, pre-printed labels, shipping containers, and pre-printed shipping forms. The
Overall Crew Leader shall be responsible for ensuring the crew possesses the required equipment and sampling kits,
and forms prior to sampling a site.
Specialized equipment for soil sampling will be provided by the Soil Scientist.
The contractors shall work in their designated teams under the direction of the Overall Crew Leader.
The contractors shall provide all their travel and lodging.
Timely processing is critical to ensuring that the samples are preserved. Standardized field data forms are provided
to the Field Crews as the primary means of data recording. On completion, the data forms are reviewed by a Field
Crew member other than the person who initially entered the information. Upon return from a field sampling site,
completed data forms are sent to the Wetland Monitoring Coordinator, who will review the forms and transmit them
to Information Management Staff at EPA ORD Western Ecology Division for entry into a computerized data base.
Data forms for multiple sites may be batched as agreed to by the Project Manager and Overall Crew Leader.
SERVICES
The contractor(s) shall conduct 38 wetland site assessments within the state of Wisconsin based on the sites
identified in Attachment E. At the time of the release of this Request for Bid not all site locations have been selected
due to the process of obtaining permission to go on private land.
The contractors shall record soil, hydrological, biological and stressor data, and collect soil, water and algae
samples. The contractor shall implement data recording, and shipping methods in accordance with the National
Wetland Condition Assessment: Field Operations Manual (Attachment B), NWCA: USA Rapid Assessment Method
Manual (Attachment C), and the Quality Assurance Project Plan (QAPP) (Attachment D). The contractor shall be
responsible for collecting duplicate samples of designated indicators, as instructed.
The contractor shall ship samples to specific laboratories identified by WDNR. For some analyses, samples may be
shipped in batches. All samples must be shipped according to the federal shipping requirements. Completed data
forms shall be submitted directly to EPA or as otherwise instructed by the Agency. The Department will provide the
mailing materials and will pay for shipping of the samples.
SCHEDULE OF BENCHMARKS AND DELIVERABLES



Conduct field sampling.
Deliver samples within specified time periods: June 1, 2012 - September 30, 2012.
Review, compile and deliver all forms and photographs by November 30, 2012
THE QUALITY ASSURANCE PROJECT PLAN:
1. Implementation of the QAPP
In performing the scope of requested services the contractor is responsible for implementing:
All requirements in the QAPP, and all requirements of the Quality Management Plan (QMP) as
approved at the time of sampling.
The contractors shall comply with the EPA provided NWCA Quality Assurance Project Plan (Attachment C). The
contractor shall implement all requirements in the QAPP in accordance with the terms and conditions outlined in the
document.
The contractor shall prior to commencement of sampling: (a) read and understand the information contained in the
QAPP and SOPs (SOPs, or Standard Operating Procedures, refers to protocols in both the National Wetlands Condition
Assessment Site Evaluation Guidelines and the Field Operations Manual .), adhere to all the requirements during sampling.
2. Further Information
The Office of Water Quality Management Plan (EPA 821-X-02-001) published July 2002, is available on the web
at http://www.epa.gov/ow/programs/qmpjuly2002.pd
FIELD CREW SAMPLING DUTIES
Upon arrival at a site, the general sampling sequence will:
 Verify wetland and locate POINT – Both Teams
 Define Assessment Area, locate CENTER (if not POINT) and Vegetation plots – Both Teams
 Collect vegetation structure and taxon id data, - Veg Team
 Collect water quality sample (chemistry) and algae samples (Taxon ID, chlorophyll-a, and toxin samples) –
AB Team
 Dig Soil pits and describe soil profiles – AB Team
 Collect soil samples including bulk density, chemistry, isotope – AB Team
 Collect, label & press unknown vegetation – Veg Team
 Preserve and prepare all samples for shipment – AB Team
 Review field forms – Both Teams
 Report sampling event – Overall Crew Leader
 Ship samples to the specified lab – AB Team
SPECIFIC FIELD CREW POSITIONS
Overall Crew Leader
The Crew Leader will be one of the two team leaders who assume the additional duties described here.
1. Duties
Direct the work of the overall 4-person field crew, schedule field work in consultation with the wetland
monitoring coordinator and arrange for transport of necessary equipment and supplies at each site.
Assure that all field data is collected and reviewed, all samples are properly collected and shipped within
allowed time frames.
.
Inform the Wetland Monitoring Coordinator of field crew progress. Inform the Wetland Monitoring
Coordinator by telephone of: (1) any problems that may impede the successful completion of any of the
required work, and (2) any corrective actions needed to resolve the problem.
2.
Qualifications
 Completed 2011 EPA Region 5 NWCA Training Session or served as a crew member on at least 10
NWCA surveys.
 Experience leading a survey crew as long as Crew Leader has conducted at least 10 NWCA surveys as
one of the crew members.
 Must be familiar with all the duties of the four field crew positions.
Lead Botanist
1. Duties:
Collect Vegetation Team data for 38 sites as specified in the NWCA Field Operations Manual (Attachment
B).
Direct the work of the Assistant Botanist to carry out the tasks of the Vegetation Team, and work in tandem
with the A/B Team under the direction of the Overall Crew Leader.
Assure that all Vegetation Team data forms are filled out, reviewed and submitted to the Overall Crew
Leader.
2. Qualifications







Completed EPA Region 5 NWCA Training Session
Expert level of knowledge of vascular flora in the wetlands of the Great Lakes Region is required;
experience in the Study Area is preferred.
i. capable of sight recognition of species to the level of genus and species, provided plants
are at the proper phenological stage; or
ii. capable of sight recognition of species to family, and proficiency in keying in in the field.
Ability to travel on foot through difficult wetland and upland terrain and ability to work through
inclement weather and difficult field conditions.
Proficiency in keying many unknown plants (e.g., forbs, shrubs, trees) to species using regionally
appropriate floras and diagnostic keys.
Ability to distinguish difficult graminoid taxa as Poaceae (grasses), Juncaceae (rushes), and
Cyperaceae (sedges, bulrushes, spikerushes), and to distinguish unknown species within these
families or genera from one another.
College course-work in plant taxonomy or systematics that included field identification of plant
species; and/or excellent references regarding proficiency in botanical identification.
Previous experience conducting botanical or ecological field work, including the collection and
preservation of plant specimens.
Assistant Botanist
1. Duties
Serve as member of a 4-person Wisconsin field team to carry out the National Wetland Condition
Assessment using the Field Operations Manual.
Assist Lead Botanist and other crew members with locating the sampling point, laying out the assessment
area, buffer area and vegetation sampling plots for each site.
Assist Lead Botanist with identifying vascular taxa to species level, estimating cover for both vascular and
non-vascular vegetation, recording vegetation data, including photographic documentation, voucher
preparation and carrying out samples.
Assist Lead Botanist in assessing wetland site condition, using hydrologic, physical structure and biological
structure metrics and assessing hydrologic, physical and biological stressors to each site.
2. Qualifications



Completed EPA Region 5 NWCA Training Session or have NWCA field crew experience
Experience assisting on the NWCA floral survey on a minimum of 10 sites is preferred. Experience as
A/B Team member for 10 surveys is acceptable.
Ability to travel on foot through difficult wetland and upland terrain and ability to work through
inclement weather and difficult field condition.
Soil Scientist (A/B Team Leader)
1. Duties
Collect, store and ship soil, water, and algae samples and submit correct tracking forms; provide soil data
and photographs as described in the NWCA Field Operations Manual (Attachment B).
Assure that all A/B Team data forms are filled out, reviewed and submitted to the Overall Crew Leader.
Direct the work of the A/B Team and work in tandem with the Vegetation Team under the overall direction
of the Crew Leader.
Provide all necessary equipment for soil sampling.
2. Qualifications




Completed EPA Region 5 NWCA Training Session
Licensed as a Soil Scientist in WI or equivalent.
Experience leading NWCA soil surveys on a minimum of 10 sites.
Ability to travel on foot through difficult wetland and upland terrain and ability to work through
inclement weather and difficult field conditions.
Field Ecologist (A/B Team Member)
 Duties
Serve as member of a 4-person Wisconsin field team to carry out the National Wetland Condition
Assessment using the Field Operations Manual.
Assist Lead Botanist and other crew members with locating the sampling point, laying out the assessment
area, buffer area and vegetation sampling plots for each site.
Assist Soil Scientist to collect soil samples, describe soil profiles and identify hydric soil indicators.
Assist Soil Scientist with collecting, storing, shipping and tracking all A/B samples.
Conduct the assessment of hydrologic stresses and buffer condition.

Qualifications



Completed EPA Region 5 NWCA Training Session or have NWCA field crew experience
Experience on at least 10 NWCA surveys conducting the A/B Team duties is preferred. Experience as
Assistant Botanist on at least 10 surveys is acceptable.
Ability to travel on foot through difficult wetland and upland terrain and ability to work through
inclement weather and difficult field conditions.
ATTACHMENTS:
Specific documents referenced in the statement of requested services are posted on EPA’s NWCA Quickplace Site
and provided in electronic form as an attachment to this contract.
1.
National Wetland Condition Assessment: Site Evaluation Guidelines (EPA-843 – R10004, Attachment A)
2.
National Wetland Condition Assessment: Field Operations Manual (EPA-843 – R10001, Attachment B)
3.
NWCA: USA Rapid Assessment Method Manual (Attachment C),
4.
NWCA: Quality Assurance Project Plan (QAPP) (EPA-843-R10003, Attachment D),
5.
Wisconsin Intensification Site List, (Attachment E) available from the Wetland Monitoring Coordinator
6.
Equipment and Supplies List (Attachment F)
Any revised editions to the above documents will be provided to the contractor when available.
RFB #B-035-20
WISCONSIN WETLANDS INTENSIFICATION STUDY
BID PRICE SHEET
SERVICES FOR WETLAND SURVEYING: The Wisconsin Wetland Intensification Study requires a crew of four.
The Soil Scientist and Lead Botanist must have completed the 2011 EPA Region 5 NWCA Training Session and the
Field Ecologist and Assistant Botanist must have completed the 2011 EPA Region 5 NWCA Training Session or have
NWCA field crew experience. Due to the fact that the list of contractors with this experience is small the Department has
created two parts to this survey. Part A will be for a vendor that will provide an entire crew of four to complete this
work. Part B will be for vendors that are bidding to be an individual on the crew or to be a group of individuals on the
crew. The Department would prefer to have one contractor complete the entire project however the Department may
choose to select a combination of contractors that make up a whole team.
Bidders Qualifications Document: The bidder is required to include a brief work history that is relevant to the work
being described in this RFB. The work history is to include information on how they meet the qualification as described
in the scope of work section.
PART A: Bidder to supply entire field crew
Total Cost for entire field crew of 4
$_____________
PART B: Bidder to supply individual(s) position(s) of field crew
Note: This form must be used to submit your pricing for this bid along with the other required forms.
Total Cost for one Lead Botanist
$_____________
Total Cost for one Botanist Assistant
$_____________
Total Cost for one Soil Scientist (A/B Team Leader),
$_____________
Total Cost for one Field Ecologist (A/B Team Member)
$_____________
Indicate which of the two team leaders above will be designated as the crew leader:___________________________
Total Cost for completing Overall Crew Leader duties
Company Name & Address
$_____________
_________________________________________
_________________________________________
_________________________________________
Name
_________________________________________
E-Mail
_________________________________________
Signature
_________________________________________
STATE OF WISCONSIN
Bid / Proposal #
B-035-20
DOA-3477 (R05/98)
Commodity / Service
WETLAND SURVEY
VENDOR INFORMATION
1.
BIDDING / PROPOSING COMPANY NAME
FEIN
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
2.
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $50,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
5.
State
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
STATE OF WISCONSIN
DOA-3478 (R12/96)
Bid / Proposal #
B-035-20
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) with requirements similar to those included in this solicitation document. If vendor is
proposing any arrangement involving a third party, the named references should also be involved in a similar
arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
State of Wisconsin
Department of Natural Resources
Request for Bid No. B-035-20
BID CHECKLIST
Bidders are to complete, sign and return the following forms. Use the list below to check off the items as they are completed and as a
mailing check list. A complete bid package must contain all the items.
1.
______
DOA-3070, Request for Bid Form (front page of this bid - signed)
2.
______
Bid Price Sheet (signed)
3.
______
Certificate of Insurance
4.
______
DOA-3477, Vendor Information form
5.
______
DOA-3478, Vendor Reference form
6.
______
Bidders Qualifications Document: The bidder is required to include a brief work history that is relevant to the
work being described in this RFB. The work history is to include information on how they meet the
qualification as described in the scope of work section.
NOTE:
The State reserves the right to reject incomplete bids.
WISCONSIN WETLAND INTENSIFICATION STUDY CONTRACT
WITH STANDARD CONDITIONS
THIS CONTRACT is entered into by and between the State of Wisconsin Department of Natural Resources
(Department) and _______________ (Contractor) for the purpose of providing wetland surveying services.
FOR AND IN CONSIDERATION of the terms and conditions contained in this contract, the above-named
parties agree:
1.
PERIOD OF AGREEMENT. This contract shall commence upon its signing by both parties and continue until
November 30, 2012, during which period all performance as described in this contact shall be fully completed to the
satisfaction of the Department.
2.
CANCELLATION. The Department reserves the right to cancel this contract in whole or in part, without penalty, due to
non appropriation of funds or for failure of the Contractor to comply with terms, conditions, or specifications of this
contract.
3.
ENTIRE CONTRACT; AMENDMENTS. This contract, together with the specifications in the bid request (if any) and
referenced parts and attachments, shall constitute the entire agreement and previous communications or agreements
pertaining to the subject matter of this contract are hereby superseded. Any contractual revisions including cost
adjustments and time extensions must be made by a written amendment to this contract signed by both parties prior to the
ending date of this contract.
4.
ASSIGNMENT. Neither this contract nor any right or duty in whole or in part by the Contractor under this contract may
be assigned, delegated or subcontracted without the written consent of the Department. If upon the written consent of the
Department this contract or any right or duty in whole or in part is assigned, the Assignee(s) shall expressly agree to
assume and perform all relevant obligations expressed under the terms of this contract and be bound by the terms and
conditions of this contract. Assignments in whole or in part of this contract does not absolve the Contractor of any
liability or obligation expressed and agreed to hereunder.
5.
DESCRIPTION OF WORK OR PRODUCTS. The Contractor agrees to the technical specifications and to provide the
products described in the RFB and Attachments. The RFB and Attachments are made part of this contract.
6.
PAYMENT. The Contractor, for providing performance satisfactory to the Department, shall receive the following
consideration:
$______ upon acceptance of deliverables from the entire field crew
OR
$______ upon acceptance of deliverables from Lead Botanist
$______ upon acceptance of deliverables from Botanist Assistant
$______ upon acceptance of deliverables from Soil Scientist (A/B Team Leader)
$______ upon acceptance of deliverables from Field Ecologist (A/B Team Member)
$______ upon acceptance of deliverables from Overall Crew Leader
Billings by the contractor shall be submitted to the Department’s contact person, Tom Bernthal
7.
RECORDS, ACCESS. The Contractor shall, for a period of three (3) years after completion and acceptance by the
Department, maintain books, records, documents and other evidence directly pertinent to performance on work under this
contract in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain
the financial information and data used in the preparation or support of the cost submission in effect on the date of
execution of this contract and a copy of the cost summary submitted to the Department. The Department, its agents and
its duly authorized representatives shall have access to such books, records, documents, and other evidence for the
purpose of inspection, audit and copying. The Contractor shall provide proper facilities for such access and inspection.
In addition, those records which relate to any dispute, appeal or litigation, or the settlement of claims arising out of such
dispute, performance, or costs or items to which an audit exception has been taken, shall be maintained and made
available until three years after the date of resolution of such dispute, appeal, litigation, claim or exception.
8.
INDEPENDENT CONTRACTOR. The Contractor is an Independent Contractor for all purposes, not an employee or
agent of the Department.
9.
INDEMNIFICATION. The Contractor agrees to save, keep harmless, defend and indemnify the State of Wisconsin,
Department of Natural Resources and all its officers, employees and agents, against any and all liability, claims and costs
of whatever kind and nature, for injury to or death of any person or persons, and for loss or damage to any property (state
or other) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation or
performance of work in connection with this contract or omissions of Contractor's employees, agents or representatives.
10. INSURANCE RESPONSIBILITY. The contractor performing services for the State of Wisconsin shall:
a)
Maintain worker’s compensation insurance for all employees engaged in the work.
b)
Maintain commercial liability and property damage insurance against any claim(s) which might occur in
carrying out this agreement/contract. Minimum coverage shall be one million ($1,000,000) liability for
bodily injury and property damage including product liability and completed operations. Provide motor
vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out the contract.
Minimum coverage shall be one million ($1,000,000) per occurrence combined single limit for automobile
liability and property damage.
c)
Provide an insurance certificate indicating this coverage, counter -signed by an insurer licensed to do
business in Wisconsin, covering the period of the agreement/contract. The insurance certificate is required
to be presented prior to issuance of the purchase order or before commencement of the contract.
d) The state reserves the right to require higher or lower limits where warranted.
11. NONDISCRIMINATION. In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against an employee or applicant for employment because of age, race, religion, color, handicap, sex,
physical condition, developmental disability as defined in section 51.01(5), Wis. Stats., sexual orientation 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. The Contractor agrees to post in conspicuous places,
available for employees and applicants for employment, notices to be provided by the Department setting forth the
provisions of this nondiscrimination clause. Failure to comply with the conditions of this clause may result in the
Contractor being declared an “ineligible” contractor, termination of the contract, or withholding of payment.
12. AFFIRMATIVE ACTION: If this contract is for an amount of twenty-five thousand dollars ($50,000) or more the
Contractor agrees to submit a written affirmative action plan to the Department within 15 business days after the contract
commences if an acceptable plan is not already on file with the State of Wisconsin. (Contractors with an annual work
force of fewer than twenty five employees are exempted from this requirement.) Failure to comply with the conditions of
this clause may result in the Contractor being declared an “ineligible” contractor, termination of the contract, or
withholding of payment.
13. 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 Department's administrative costs.
14. APPLICABLE LAW. This contact shall be governed by the laws of the State of Wisconsin. The Contractor shall at all
times comply with all federal, state and local laws, ordinances and regulations in effect during the period of this contract.
15. ANTITRUST ASSIGNMENT. The Contractor and the Department recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the Department. Therefore, the Contractor
hereby assigns to the Department any and all claims for such overcharges as to goods, materials or services purchased in
connection with this contract.
16. PAYMENT TERMS AND INVOICING. Payment shall be considered timely if the payment is mailed, delivered, or
transferred by the later of the following:
a.
The date specified on a properly completed invoice for the amount specified in the order or contract, or
b.
Within thirty (30) days after receipt of a properly completed invoice or receipt and acceptance of the
property or service under the order or contract or within thirty (30) days after receipt of an improperly
completed invoice or receipt and acceptance of the property or service under the order or contract,
whichever is later if the Department does not notify the sender of receipt of an improperly completed invoice
within ten (10) working days after it receives the invoice of the reason it is improperly completed.
17. TAXES. The Department 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
all federal tax and Wisconsin sales or use Tax on its purchases. The State of Wisconsin does not issue a tax-exempt
number for state agencies. The Department may be subject to other states taxes on its purchases in that state depending
on the laws and of that state. Contractors performing construction activities are required to pay state use tax on the cost
of materials.
18. TAX DELINQUENCY. Contractors who have a delinquent Wisconsin tax liability may have their payments offset by
the State of Wisconsin.
19. COPYRIGHT OWNERSHIP. The contractor agrees that the Department shall be the copyright owner of the works
produced under this contract.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
Date_______________
by: ____________________________________
Title:
Secretary
Contractor
Date________________
by:______________________________________
Title:
President
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