0510052 - SCOB Retroreflective Traffice Sign Sheeting.docx

Special conditions of bid – retroreflective traffic sign sheeting, inks and support

TABLE OF CONTENTS

Attachment A Vendor Information Attachment B References Attachment C DVB/MBE Program Awareness, Compliance and Action Plan Attachment D DVB/MBE Monthly Participation Report Attachment E Specifications – Product(s) Attachment F On Site Service Specifications/Requirements Attachment G Shipping Locations, Packaging and Delivery Requirements Attachment H Delivery and Packaging Specifications Attachment I Bid Price Sheet

GENERAL INFORMATION AND SCOPE

The Wisconsin Department of Transportation (WisDOT or DOT), through its Purchasing Unit (Purchasing), requests bids to establish a contract for the purchase of Retroreflective Traffic Sign Sheeting, Ink and Service.

The resulting contract shall be governed by the attached Standard Terms and Conditions unless specifically modified in this Request for Bid document. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement.

Scope Retroreflective Traffic Sign Sheeting is a flexible material used to make traffic signs; it increases the nighttime conspicuity of signs, and has been used for many years in the State of Wisconsin. In addition to providing sign sheeting, Contractor(s) will also be required to supply appropriate process inks, as well as provide instruction, training and technical assistance as requested; the costs of these inks and services will be incidental to the sign sheeting material.

Definitions The following definitions are used throughout the RFB documents:

Agency: The Wisconsin Department of Transportation ASTM: American Society for Testing and Materials Bidder/Vendor: A company or individual submitting a bid response to this RFB Contractor: Bidder awarded the contract Department: The Wisconsin Department of Transportation DOT or WisDOT: The Wisconsin Department of Transportation State: The State of Wisconsin

Contract Term WisDOT intends to utilize the results of this RFB to award a contract. Retain a copy of these bid documents and any addenda for your files. The RFB document and the awarded bidder’s response shall become the contract unless a separate contract is executed.

The initial term of this contract shall be two (2) years, with three (3) one-year renewal options by mutual consent. Any extension beyond the renewal options must be authorized by mutual agreement of the Contractor and WisDOT.

As required by Wisconsin Statutes, continuance of a contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds and the termination of the contract by lack of appropriation shall be without penalty to WisDOT. WisDOT does not guarantee to purchase any specific quantity during each contract term.

Cooperative Purchasing/Vendor Agreement Wisconsin Statutes (s. 16.73, Wis. Stats.) established authority to allow Wisconsin municipalities to purchase from State contracts. For cooperative bidding purposes, a Vendor Agreement is highly desired for this RFB. Please complete page 3 of the Bid Document and return with your bid. Additional units may be purchased by agreeing to extend the contract to other state agencies and municipalities.

BIDDER QUALIFICATIONS AND REQUIREMENTS

To be eligible for a contract award, you must be qualified and able to provide the following. Respond on attached “Vendor Information Sheet” and “References Sheet”.

2.1 Bidder must be an original manufacturer, or distributor and/or dealer authorized by manufacturer.

|_| Comply |_| Does Not Comply

2.2 Bidder must supply references of three (3) firms to which similar products/services have been provided during the past three (3) years to a comparable-sized institution or company. WisDOT may also utilize other pertinent sources of information regarding products/services provided by the bidder. If contacted, all of those references must verify that a high level of satisfaction was provided. Use Attachment B to list references. WisDOT employees must not be listed as references.

|_| Comply |_| Does Not Comply

2.3 Bidder must be in the business of providing Retroreflective Traffic Sign Sheeting for the past three (3) years.

|_| Comply |_| Does Not Comply

2.4 Due to the nature of the solicitation, bidders may be required to allow the State to conduct background checks to determine circumstances of any conviction of the Contractor or its sub-contractors which may be related to the solicited commodity or service.

|_| Comply |_| Does Not Comply

2.5 Bidder must provide a statement of their Warranty Policy on any service, workmanship, or parts they may provide.

|_| Comply |_| Does Not Comply

2.6 Bidder must be prepared to honor, at minimum the manufacturer’s standard warranty. Indicate warranty term and enclose standard warranty documents with your bid.

|_| Comply |_| Does Not Comply

2.7 Bidder must disclose if any State of Wisconsin employee would provide services relating to the agreement resulting from this solicitation. See Supplemental Standard Terms and Conditions, section 4.0, Dual Employment or 5.0, Employment.

|_| Comply |_| Does Not Comply

2.8 Bidder is required to submit their return policy.

|_| Comply |_| Does Not Comply

2.9 The awarded bidder may required to provide reports on all products purchased against an awarded contract. Reports shall be provided in the format and timeframe as requested. See Section 4.20.

|_| Comply |_| Does Not Comply

SPECIFICATIONS

The specifications found in Attachment E are minimum acceptable product requirements. All specifications are defined as mandatory minimum requirements unless otherwise stated. Purchasing reserves the right to delete any specification or condition of bid if no bidder is able to comply with a given specification or condition of bid. Failure to meet specification requirements shall disqualify your bid.

Any specific reference to manufacturer(s) and/or catalog/model/stock numbers provided is to establish the design, type of construction, quality, functional capability and performance level desired.

The bidder may offer an alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with your bid to establish equivalency and to ensure that the product bid meets all specifications. Failure to provide product specifications and information may disqualify your bid. WisDOT shall be the sole judge of equivalency and acceptability. All attachments, documents, price lists, etc. to support your bid, must include the bid #0510052.

Bid specifications may not be revised without an official written addendum issued by WisDOT Purchasing.

SPECIAL TERMS AND CONDITIONS

Samples/Demonstrations Bidders may be required to submit samples for testing or control against product specifications. These samples are to be without expense or obligation to WisDOT. Samples requested after bids are open must be delivered to the designated location within the time specified in that request.

WisDOT shall evaluate all samples requested in an identical manner to determine whether the products delivered conform to the specifications.

WisDOT shall reject samples NOT meeting bid specifications. The bidder shall be notified in writing by WisDOT to pick up samples, at the bidders expense, within ten (10) working days of date of such notification. Any samples not picked up in the designated time period shall be disposed of as WisDOT sees fit.

Samples should be clearly labeled as “sample” and identified with bidder’s name, bid number, bid due date, and item number.

Failure to deliver samples within time designated may disqualify your bid.

Contract Quantities/New or Deleted Items Estimated annual quantities identified for each item on the “BID PRICE SHEET” are for bid purposes only and are based on historical data. WisDOT does not guarantee to purchase any specific quantity. Bids that state WisDOT must guarantee a specific quantity or dollar amount may be disqualified.

NEW OR DELETED ITEMS: WisDOT reserves the right to add to or remove from this contract products and/or services based on changes to standards unknown at the time of this bid. If additional products/services are added, contractor(s) prices must be comparable to current contract pricing for like products/services. Scope of work must be consistent with the current contract products/services.

Contractor should promptly notify Purchasing of new or discontinued products.

Delivery Delivery is desired within 28 calendar days after receipt of a purchase order. Bidders are to state on the Bid Cover Page if they can meet this delivery.

The State may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s) if the Contractor(s) is then unable to furnish an acceptable product/service. Any difference in costs between the delivered contract price and the delivered price of such shipment(s) from another vendor may be deducted from any costs, which may be due to the Contractor. WisDOT reserves the right to bill the Contractor for cost differences.

Contractor is required to notify the ordering unit of any back order, discontinuation of product(s) or other delays in shipping within three (3) working days of receipt of order. Back orders must not be cancelled without approval from WisDOT ordering unit. Failure to notify the ordering unit of these delays may result in cancellation of an order and/or contract. See section 4.10, Liquidated Damages.

Freight Charges F.O.B. Destination Freight Included Delivery will be made by common carrier or bidder's truck, with unloading to be performed by the carrier/bidder and carton(s) transported to the interior/ground floor or inside dock at various locations Statewide.

Products must be set in place in an area designated by State personnel, demonstrated to be in operating and/or ready-to-use condition as approved by State personnel. All debris must be removed from the premises and properly disposed of by the Contractor if requested. All operating and usage instructions or manuals must be furnished to the State personnel identified in the Purchase Order.

Bid prices should include all costs, including but not limited to: packing, transportation, labor, insurance charges and installation/operation manuals.

Fuel surcharges will not be allowed.

Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to documentation fees, freight, customs clearance, tax, etc.), must be included in the bid price.

Failure to bid FOB Destination Freight Included may disqualify your bid.

On Site Service In carrying out the scope of this contract, the Contractor will be required to perform services on WisDOT property. Bidders must include all transportation, labor and insurance charges. Failure to include these costs may disqualify your bid.

Shipments, Duplicates and Over Shipments The State reserves the right to reject any shipments that it deems to be faulty. Such shipments shall be returned at the Contractor(s) expense. The State will not be responsible for charges incurred as a result of a defective product. If the Contractor(s) is then unable to furnish an acceptable product, the State may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of such shipment(s) from another vendor shall be deducted from any monies, which may be due to the Contractor.

The State will notify the Contractor within 30 days receipt for the return of a duplicate shipment and the product must be removed within 30 days at the Contractor’s expense without a restocking fee or shipping charges. WisDOT reserves the right to dispose of the products and shall not be held liable for the cost.

The State will notify the Contractor within 30 days receipt for the return of shipments ordered in error and the products must be removed within 30 days. WisDOT and the Contractor shall negotiate the terms of the restocking and shipping charges.

Insurance Requirements Every contractor and all parties furnishing services or products to the Wisconsin Department of Transportation (WisDOT) or any of its subsidiary companies must provide WisDOT with evidence of the following minimum insurance requirements. In no way do these minimum requirements limit the liability assumed elsewhere in the contract. All parties shall, at their sole expense, maintain the following insurance:

A. Commercial General Liability Insurance including contractual coverage:

The limits of this insurance for bodily injury and property damage.

Combined shall be at least:

B. Business Automobile Liability Insurance:

Should the performance of this Agreement involve the use of automobiles, Contractor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Contractor shall maintain limits of at least $1,000,000 per accident for bodily injury and property damage combined.

D. Employers Liability Insurance:

Such insurance shall provide limits of not less than $500,000 policy limit.

E. Excess/Umbrella Liability Insurance:

Such insurance shall provide additional limits of not less than $5,000,000 per occurrence in excess of the limits stated in (A.), (B.), and (D.) above.

Additional Requirements:

F. Contractor shall require the same minimum insurance requirements, as listed above, of all its contractors, and subcontractors, and these contractors, and subcontractors shall also comply with the additional requirements listed below.

G. The insurance specified in (A), (B), and (E) above shall:

1. Name WisDOT including its directors, officers, employees and agents as additional insureds by endorsement to the policies; and,

2. Provide that such insurance is primary coverage with respect to all insureds and additional insureds.

H. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance. WisDOT may require higher limits or other types of insurance coverage(s) as necessary and appropriate under the applicable purchase order.

I. Except where prohibited by law, all insurance policies shall contain provisions that the insurance companies waive the rights of recovery or subrogation, by endorsement to the insurance policies, against WisDOT, its subsidiaries, its agents, servants, invitees, employees, co-lessees, co-venturers, affiliated companies, contractors, subcontractors and their insurers.

J. Contractor shall provide certificates and endorsements evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall require all insurers to provide WisDOT with a thirty (30) day advanced written notice of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement. Coverage must be placed with carriers with an A. M. Best rating of A- 10 or better.

Mail to:

Wisconsin Department of Transportation 4802 Sheboygan Ave., Room 751 Madison, WI 53705

Warranty A one-year warranty for defective workmanship and/or replacement of defective products/materials of the contract is required in addition to any warranties provided automatically by the manufacturers of the products/materials. Provide manufacturers’ warranties.

Safety Notices/Recalls Contractor must provide immediate notification to Purchasing and the Contract Manager of any recall notices, warranty replacements, safety notices, legal notices, and, potential and/or actual breaches in security involving sensitive products/access to facilities, etc. Failure to report this information may result in immediate termination of an order and contract.

Subcontracting or Third Party Payments All subcontracting shall be pre-approved by WisDOT. Subcontractors must abide by all terms and conditions of the contract. The prime Contractor shall be responsible for all subcontractor(s) work and payment. WisDOT will not pay any subcontractor or third parties directly.

Liquidated Damages This shall be surety for fulfillment of the contract(s) including quality, performance and delivery under the terms of this Request for Bid. Liquidated damages shall consist of 25% of the total price for orders up to 7 days late, and 50% of the total price for orders more than 7 days late, for failure to deliver according to the specified delivery schedule. Partial delivery of an order will not waive payment of damages.

Firm Prices The awarded Contractor must hold the accepted costs for the entire contract period. WisDOT will review any adjustment of costs before the beginning of a contract renewal period. Price increase requests must be justified with supporting documentation of industry-wide increases. If WisDOT deems cost increases are not acceptable, it reserves the right to award to the next lowest bidder or re-bid the contract in whole or part. Written acceptance or denial of price increases shall be provided to the Contactor.

If the Contractor’s cost decreases during the term of the contract, the Contractor shall immediately notify WisDOT. Such cost decreases shall become effective to WisDOT the same date the decrease is effective to the contractor. If WisDOT is not properly notified of price decreases, the pricing at the time of order will be used for invoice payment and the vendor will provide refunds or credits as necessary.

Orders WisDOT and other agencies in the State, including but not limited to the Department of Corrections (DOC),may use the following methods to purchase from this contract:

· Specific (Contract Release) orders may be placed for one-time shipments.

· Contract Release Orders, blanket-type, may be issued by Purchasing for the State’s fiscal year time period, July 1 – June 30, to allow departmental personnel to call or fax for product or service against the order as needed.

· Purchasing card releases: placed by department personnel using their State purchasing card under WisDOT and State guidelines

Invoicing Requirements Invoices/Purchase Order:

WisDOT must meet a statutory mandate to pay or reject invoices within 30 days of receipt by WISDOT. Before payment is made, WisDOT must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

All invoices must be itemized showing:

· Purchase order number

· Vendor name

· Remit to address

· The complete product description as stated on your bid

· Prices per the contract

· Dates of service

Send invoice to the bill-to address shown on the order.

Invoices/Purchasing card Orders placed by WisDOT using a purchasing card must reflect current contract pricing.

Reporting Requirements WisDOT shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

Order of Precedence In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the bid response from the successful bidder, and additional terms agreed to, in writing, by WisDOT and Contractor shall become part of the contract.

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

1. The Contract Award document

2. Official Purchase Order

3. Bid response as accepted by WisDOT

4. WisDOT Request for Bid

Contractor Major Structural Change The Contractor is required to provide Purchasing with a minimum 90 days written advance notice of any planned or potential structural change resulting in a new entity (merger, buyout, acquisition, consolidation, etc.). The Contractor may not assign the contract to the new entity without prior written approval from the Department, since the underlying procurement may be affected.

BID PROCEDURE AND INSTRUCTIONS

Reasonable Accommodations The Department will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you require information in an alternate format in order to respond to this bid or if you need accommodations at a bid opening/vendor conference, contact: Suzanne Kostic, 608-267-2837, suzane.kostic@dot.wi.gov

Calendar of Events Listed below are important dates and times by which actions related to this Request for Bids (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by posting an addendum to this RFB on VendorNet.

Questions If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the Purchasing Agent named below of such error and request modification or clarification of the bid document.

Communications or questions regarding the specifications, or special conditions of bid should be written and submitted to the Purchasing Agent shown on the bid cover sheet and below as soon as possible, but no later than 7/7/2017. Questions shall not be received nor addressed via telephone. Purchasing will respond to questions by issuing an official addendum, posted on VendorNet. It is the vendor’s responsibility to monitor VendorNet for addendum updates.

Correspondence and submitted documents must include the bid #051052 in the subject line and on the outside of envelopes/packages.

Submit questions, in writing, via email to: suzanne.kostic@dot.wi.gov

Method of Bid Bidder must submit a unit price and extended total for each product. All prices must be quoted in U.S. Dollars.

Bids requiring an order minimum may be disqualified.

Bidder must bid on the enclosed bid price sheet. Alternate formats will be rejected.

Bids may be disqualified if the bid price sheet is altered and not completed as designed.

Proprietary and Confidential Information If the bidder designates any information in the bid as proprietary and confidential, the bidder must submit, in addition to the copies listed in Section 5.6, one electronic copy of the bid with all proprietary and confidential information redacted. This copy should be clearly marked “REDACTED COPY” and submitted in the package containing the original bid. The documents must be in MS Word, MS Excel or PDF format. The following are acceptable electronic devices: CD ROM, DVD ROM, flash drive or memory stick.

Bid Response Requirements Submit the completed original (marked as ORIGINAL) and one electronic copy (marked as COPY) of the following required materials so that your bid may be considered:

· Bid Cover (Signature) Pages

· Addendum Cover (Signature) Page(s), if applicable to this bid request

· Bid Price Sheet(s)

· Responses to Section 2, Bidder Qualifications and Requirements

· Vendor Information Sheet, Attachment A

· References Sheet, Attachment B

· DVB/MBE Program Awareness, Compliance & Action Plan, Attachment C

· Bidder Response Sheet, Attachment F

· One copy of complete specifications and descriptive brochure or detail for the product(s) bid; specifications/cut sheets must be downloaded on the Electronic Bid Copy

· Manufacturer’s/Bidder’s warranty statement, see Sections 2.6, 4.7

· Bidder’s Return Policy, Section 2.8

· Bid samples, documents, contact lists, and any other deliverables required of the RFB

· Electronic device containing an identical copy of the bid documents. The documents must be in MS Word, MS Excel or PDF format. The following are acceptable electronic devices: CD ROM, DVD ROM, flash drive or memory stick.

· Electronic device containing the redacted version of the bid documents if appropriate, see section 5.5

Failure to provide the forms/information with your bid submittal may disqualify your bid. WisDOT encourages all bidders to print their submission double-sided to save paper.

Bid Submission Required materials (see section 5.6) shall be received for acceptance of their bid by the date and time listed on the Bid cover sheet. Bids received after that time and date will be rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by Purchasing, for purposes of this RFB. Use one of the options below for submission of the bid. Faxed and e-mailed bids are not accepted.

Attn: Suzanne Kostic

All bids are to be packaged, sealed, and show the following information on the outside of the package. Failure to put this information on the outside of the package may delay routing to the correct room and person.

· Vendor's Name and Address

· Request for Bids Title: Retroreflective Traffic Sign Sheeting

· Request for Bids Number 0510052

· Bid Due Date 07/25/2017 by 2 PM CT

· Purchasing Agent’s Name: Suzanne Kostic

Because of building security, access to the WisDOT Purchasing Office is restricted and may cause delay if hand delivering your bid. Allow ample time for security clearance to room 751.

Multiple Bids Multiple bids from a Bidder will be allowed, however each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

Incurring Costs The State of Wisconsin is not liable for any cost incurred by a bidder in the process of responding to this RFB.

Wisconsin Public Records Law WisDOT and all records it retains are subject to Wisconsin Public Records law, sec. 19.31, et seq, Wis. Stats. WisDOT will advise bidder(s) of any request for records it has designated as proprietary or confidential.

VendorNet Registration Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that want to sell to the state. Registration allows a vendor to:

· Register for a bidders list for commodities/services that the vendor wants to sell to the state.

· Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a request for bid (RFB) or a request for proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

· Receive an e-mail notification of addendums/amendments relative to the RFB or RFP.

Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website http://publicnotices.wi.gov; or other means assume responsibility for checking for updates to the RFB or RFP.

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity.

To obtain information on the state’s bidder registration, please visit the VendorNet Web site at http://vendornet.state.wi.us. Assistance is available from the VendorNet Information Center (1-800-482-7813); in the Madison area, 264-7898.

BID OPENING, ACCEPTANCE AND AWARD

Bid Opening Bids will be opened on the date and time listed on the front cover page. Names of the bidders will be read aloud at that time. WisDOT will issue an official addendum and post on VendorNet should a need to change the bid open date and/or time occur.

Bid Acceptance WisDOT shall review all materials submitted in response to this bid in an identical manner to determine specification compliance. Bids which do not comply with specifications contained in this RFB WILL be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the specifications contained in this RFB.

Method of Award Award(s) shall be made on the basis of the lowest total cost from a responsive, responsible bidder(s) who meets specifications. Awards will be based on pricing provided in ONLY in Section A of the bid price sheet. The right is reserved, however, to make an award on the lowest net unit price per item, whichever is judged to be in the best interest of WisDOT. Additionally, WisDOT reserves the right to award to multiple vendors if it is deemed to be in the best interest of the State.

Timeliness of delivery may be considered when determining this award.

In the event of Bidder error in calculation, unit price shall prevail in award or may disqualify your bid.

Volume discounts shall not be considered when determining award. However, they shall apply to orders issued on this contract.

Minority Business Enterprise / Disabled Veteran Owned Business Participation Wisconsin statutes support purchasing goods/service from state certified Minority Business Enterprises (MBEs) and Disabled Veteran-owned Businesses (DVBs) located in Wisconsin. The Wisconsin Department of Transportation is committed to the promotion of state certified minority and disabled veteran-owned businesses in the State’s purchasing program.

An MBE means a business certified, or certifiable, by the Wisconsin Department of Administration under Statute 560.036(2). Authority for the Minority Business Enterprise (MBE) program is found in Wisconsin Statutes 15.107(2), 16.75(3m), and 16.755.

A DVB means a business certified, or certifiable, by the Wisconsin Department of Administration (DOA), Wisconsin Supplier Diversity Program under Statute 16.283 (3). "Disabled veteran" means a person who is verified by the Department of Veterans Affairs as being all of the following at the time the person applies for certification:

1. A veteran as defined in s. 45.01(12),

2. A resident of this state, and

3. A person who is in receipt of an award from the U.S. Department of Veterans Affairs of a service–connected disability rating under 38 USC 1114 or 1134 of at least 30%.

Bidders who feel that they qualify, should seek certification from the Wisconsin Department of Administration, Wisconsin Supplier Diversity Program, and mark “yes” on page 2 of the RFB. Details of program certification are located at: https://wisdp.wi.gov/

Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to state-certified MBEs and DVBs and/or by using such enterprises to provide goods and services incidental to this contract (second-tier suppliers), with a goal of awarding 6% of the contract cost to such enterprises (5% MBEs, 1% DVB).

Bidders must submit the attached WisDOT MBE / DVB Program Awareness, Compliance & Action Plan (Attachment C) indicating their proposed utilization of state-certified minority businesses for this contract. Contact the State’s Minority Business Manager for assistance in locating certified firms at (608) 267-9550. A listing of State of Wisconsin certified minority businesses, as well as the services and commodities they provide, is on the State-certified MBE web site: https://wisdp.wi.gov/Search.aspx.

Monthly reports (Attachment D) are requested to be submitted to WisDOT’s Purchasing Unit via email to DOTTIPSCOrrespond@dot.wi.gov, itemizing the deliveries and cost of items or services provided by certified firms. Reports should state the costs for the previous contract month. The Department reserves the right to verify with listed firms their involvement as subcontractors or second-tier suppliers.

Terms and Conditions The Standard and/or Supplemental Terms and Conditions provided with this document represent the terms and conditions which will apply to this contract. Vendors may not submit their own contract document as a substitute for these terms and conditions.

Contract Cancellation This Contract may be terminated by either party under the following conditions:

A. Please review section 13.0 and 24.0 of the Standard terms and Conditions of Bid. WisDOT may terminate the contract at any time at its sole discretion by delivering five (5) calendar days written notice to the Contractor.

If the problem is service performance, Contractor will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor may be given a period of time to ‘cure’ the performance. If the performance does not improve Contractor will be given 10 calendar days’ written notice that the contract will be cancelled. WisDOT shall be the sole judge on service performance.

Upon termination, WisDOT’s liability will be limited to the pro rata cost of the services performed as of the date of termination.

B. In the event the Contractor terminates the contract, for any reason whatsoever, it will require written certified letter notification delivered to the Department purchasing agent not less than 60 days prior to said termination. The Contractor will, in turn, refund the Department, within 30 days of said termination, all payments made hereunder by the Department to the Contractor for work not completed.

C. WisDOT has the right to cancel and terminate the Contract without notice if at any time the Contractor (including Subcontractors) performance threatens the health, safety, and/or security of WisDOT or the general public.

D. WisDOT has the right to cancel and terminate the Contract without notice if the Contractor fails to maintain and keep in force the insurance as provided in #23.0 of the Standard Terms and Conditions.

E. WisDOT has the right to cancel and terminate the Contract without notice if the Contractor fails to maintain and keep in force required certificates, permits, and licenses.

F. 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, WisDOT has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 calendar days notice in writing of such termination.

G. WisDOT must seek approval of the State Use Board prior to termination of a Work Center.

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.

Attachments Attachment A Vendor Information Attachment B References Attachment C DVB/MBE Program Awareness, Compliance and Action Plan Attachment E Specifications – Product(s) Attachment F On Site Service Specifications/Requirements Attachment G Shipping Locations, Packaging and Delivery Requirements Attachment H Delivery and Packaging Specifications Attachment I Bid Price Sheet

STATE OF WISCONSIN

DOA-3477 (R05/98)

ATTACHMENT A

VENDOR INFORMATION

1. BIDDING COMPANY NAME:

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship)

Address:

City State Zip + 4

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

Address:

City State Zip + 4

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

Address:

City State Zip + 4

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

Address:

ATTACHMENT B

REFERENCES

Vendor:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document. Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate id page. WisDOT employees must not be listed as references.

Company Name:

Address (include Zip + 4) Contact Person: Phone No.

E-Mail Address:

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

Company Name:

Address (include Zip + 4) Contact Person: Phone No.

E-Mail Address:

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

Company Name:

Address (include Zip + 4) Contact Person: Phone No.

E-Mail Address:

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

Company Name:

Address (include Zip + 4) Contact Person: Phone No.

E-Mail Address:

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

ATTACHMENT C

WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

DISABLED VETERAN-OWNED BUSINESS (DVB) PROGRAM

AWARENESS, COMPLIANCE and ACTION PLAN

As a matter of sound business practice, the Wisconsin Department of Transportation is committed to “supply diversity” by promoting the use of minority business and disabled veteran-owned business whenever and wherever possible. Additionally, as an agency of the State of Wisconsin, WisDOT shares in the state goal of placing five (5) percent of its total annual purchasing dollars with state-certified minority and disabled veteran-owned businesses.

State of Wisconsin procurement policy provides that Minority Business Enterprises (MBE) and Disabled Veteran-owned Businesses (DVB) certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts/projects.

You, as a contractor, are strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs and DVBs by using such enterprises to provide goods and services incidental to this agreement (second-tier suppliers), with a goal of awarding 5% of the contract cost to such enterprises.

Authority for these programs is found in Wisconsin Statutes 15.107(2), 16.283(3), 16.75(3m), 16.755 and 560.036(2), and details about the program can be found at: https://wisdp.wi.gov/.

A complete listing of certified minority businesses, as well as the services and commodities they provide, is available on the web at: https://wisdp.wi.gov/Search.aspx

Monthly reports are requested to be submitted to the Department of Transportation Purchasing Unit, itemizing the costs of services and goods provided by certified firms. Reports should state the costs for the previous contract/project month.

Your complete response on the following form must address the following components of your company’s/organization’s commitment/action plan:

a) Indication that you understand the WisDOT’s goal,

b) Listing of any MBE/DVB vendors with which you intend to subcontract,

c) Description of the various second tier MBE/DVB expenses (goods and services procured that are incidental to the contract/project; examples are: specific office supplies to perform the contract, percentage of cost for uniforms for contract staff, travel to perform the contract/project, percentage of facility maintenance services for your facility used directly by your staff during the contract/project period) your company/organization will be able to report that are in direct connection with the administration of this contract,

d) Statement expressing your commitment to complete the required monthly reports that will reflect your subcontracts and second-tier expenditures for the period.

For information on WISDOT’s Supplier Diversity Program, please email: DOTTIPSCOrrespond@dot.wi.gov or visit the website at: http://wisconsindot.gov/Pages/doing-bus/purchasing/suply-dvrsty/default.aspx

ATTACHMENT C

WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

DISABLED VETERAN-OWNED BUSINESS (DVB) PROGRAM

AWARENESS, COMPLIANCE and ACTION PLAN Complete, sign, and include in your bid response.

Failure to complete this form as a component of your bid may result in rejection of your bid.

Our company/organization is a Wisconsin-certified Minority Business Enterprise (MBE) Our company/organization is a Wisconsin-certified Disabled Veteran-owned Business (DVB)

Yes Yes No No

Our company/organization is a minority business but has not yet received Wisconsin certification (please provide details): _____________________________________________ Our company/organization is a disabled veteran-owned business but has not yet received Wisconsin certification (please provide details): _____________________________________________

Yes

No No

We are aware of the WisDOT’s goal to spend at least 5% of their total annual purchasing dollars with state-certified MBE /DVB firms.

We are aware that if awarded this contract/project our company/organization will provide monthly or quarterly reports to WisDOT reporting all expenditure activity directed to MBE/DVB subcontractors or second-tier MBE/DVB suppliers that directly relate to this contract. (Any non-certified minority or non-certified disabled veteran-owned businesses could be a potential subcontractor/second-tier supplier--indicate these on your plan. WisDOT will work with those businesses for possible certification.)

Subcontractors: Our company/organization intends to subcontract at least 5% dollar volume with certified MBE/DVB firms listed below (names, addresses, telephone numbers):

Second-tier Suppliers: In addition to direct subcontracting efforts, your company/organization can help WisDOT achieve the 5% goal by managing your second-tier MBE/DVB purchases. Second-tier business refers to incidental business expenses your company may spend with Wisconsin-certified MBE/DVB firms as it pursues the normal course of business supplying the WisDOT-contracted products or services. Here are some examples:

· Percentage of your office supplies specifically used during the course of this contract/project.

· Percentage of uniform costs for staff performing this contract/project.

· If you travel to perform this contract/project, you could use a state-certified MBE travel agency and report that expense.

· Percentage of facilities maintenance services for facility(ies) directly used by your staff during the course of this contract/project.

These second-tier expenses can only be reported to the extent that they directly relate to your business with WisDOT. The percentage of the expense you can report is determined by the amount of your WisDOT sales as it relates to your total sales volume. Per the terms of your contract, you should actively pursue directing business towards these types of companies, and report your efforts in this regard on a monthly basis.

In paragraph form, describe your company/organization’s commitment/action plan with regard to the planned use of state-certified MBE/DVB businesses in subcontracting efforts, as well as developing MBE/DVB second-tier suppliers. Please list your specific commitments (attach sheet, if necessary).

SIGNATURE: ______________________________________ DATE: __________________________________ PRINTED NAME & TITLE: ____________________________________________________________________ COMPANY: ________________________________________PHONE NUMBER: ________________________

ATTACHMENT D MINORITY BUSINESS ENTERPRISE

DISABLED VETERAN-OWNED BUSINESS

MONTHLY PARTICIPATION REPORT

Wisconsin Department of Transportation DT1230 8/2006 s.16.75(3m) Wis. Stats.

Instructions: Complete and submit to Wisconsin Department of Transportation by the 10th of each month.

Return via FAX to:

OR

Return via e-mail to:

608-267-3609, ATTN: WISDOT Purchasing Supplier Diversity Coordinator DOTTIPSCOrrespond@dot.wi.gov

Project Name / Contract Title

Prime Vendor / Contractor Name Federal Employer Identification Number – FEIN

Contractor Name, Address and Telephone Number Indicate if MBE or DVB Product / Service Purchased Subcontract $ Amount Second Tier $ Amount

If no business was awarded to Minority Business Enterprises (MBE) or Disabled Veteran-owned Business (DVB) for this period, please describe the efforts made to encourage their business participation.

I certify that the information contained on this report is true and correct.

I also certify that I am an authorized representative of the above-identified Prime Vendor / Contractor.

(Prime Vendor/Contractor Authorized Representative Name)

(Title)