18-5292 RFB.docx

Bid No: 18-5292 University of Wisconsin Madison, Wisconsin 53715-1218

University of Wisconsin – Madison Request for Bid

THIS IS NOT AN ORDER

Agent: Marty Rostermundt Questions regarding this bid – see section 3.1.

For Submittal of Bid Instructions – See Section #1

Official Sealed

Contract Number: 18-5292 Issued Date: 12/1/17 Due Date: 12/19/2017 If NO BID ☐ and return.

Bid prices and terms shall be firm for sixty (60) days from the date of the bid opening, unless otherwise specified in the Request for Bid by UW-Madison Purchasing Services.

Unless otherwise noted, public openings will be on the date and time specified.

This bid abstract will be on file and is open to public inspection only after award determination has been made.

BUS SHELTERS

The contract shall be effective on 3/1/2018 and shall run for three (3) from that date, with an option to renew for two (2) additional one year periods.

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE:

DATE:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

Contents

1. Submittal Instructions

BIDS MUST BE DELIVERED TO:

Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.

NUMBER OF COPIES TO BE SUBMITTED:

Two (2) hard copies of the completed bids, including the signed original, may be mailed, delivered by Bidder, or by a third-party/courier service in a sealed envelope or package with the RFB number on the outside. One Flash Drive copy of the bid must also be submitted. Bids must be received and date/time stamped prior to 2:00 p.m. CT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES.

If hand delivering to Purchasing Services, please come to 6th Floor Reception Desk in Suite 6101 and call 608-262-1526 for assistance.

Bids may be dropped off at Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, between the hours of 7:00 AM and 4:00 PM prior to the due date and time.

If e-mailing, the University will accept completed bids e-mailed to bids@bussvc.wisc.edu, provided they are date/time stamped prior to 2:00 p.m. CT on the stated bid due date.

Submitting a bid to any other e-mail address than mailto:bids@bussvc.wisc.edu does not constitute receipt of a valid bid by Purchasing Services. Proof of transmission does not constitute proof of receipt. E-mail submissions must be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures), or those pages that require signatures and/or initials must be signed and returned via email and should be received prior to 2:00 p.m. CT on the stated due date.

VENDOR NOTE:

For the purpose of the return address label, if the address is the same as you listed on the REQUEST FOR BID FORM – you do not need to fill out the Return Address Label.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed bid response. If returning your bid response by mail or in person, please fill out the information and tape to the outside of your bid package.

OFFICIAL SEALED BID

NUMBER: 18-5292

SHIP FROM:

VENDOR NAME HERE:

ADDRESS:

SHIP TO:

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

1.1 Bid Response Requirements:

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

1.2. Send Two (2) Complete Sets of Your Bid:

If emailing your bid, one copy is sufficient – do not submit twice.

Retain a copy of your bid response for your files.

2. General Information Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1. Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the “University”, through its Purchasing Services Department, hereinafter referred to as “Purchasing”, on behalf of UW-Madison Division of Facilities Planning and Management, Transportation Services Department, hereinafter referred to as "FP&M", requests bids for the purchase of custom bus shelters.

All University of Wisconsin-Madison departments must be eligible to purchase from this contract.

2.2. Scope:

Starting in 2008 the University began replacing bus shelters on campus with custom bus shelters bearing the University name and crest. The long term plan includes replacing most of the bus shelters on campus. During the term of this contract, the University intends on buying 4 shelters per year with the possibility of more depending on budget and major building projects during each year (when a new building is built, a new shelter would be installed in front of the building). Under the previous contract (13-5292) the University bought a total of 46 shelters. There are approximately 15 remaining planned replacements with the possibility of replacing all of them depending on budget.

Photo taken at 21N. Park Street, Madison Wisconsin

See Specifications (Section 6 and Attachment B) and Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The item quantities mentioned above and on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

2.3. Definitions:

The following definitions are used throughout this document:

Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Department means UW-Madison Department of UW-Madison Division of Facilities Planning and Management, Transportation Services Department, MBE means Minority Business Enterprise.

DVB means Disabled Veteran-Owned Business.

Purchasing means the Purchasing Services Department in the Division of Business Services responsible for the procurement of goods and services on UW-Madison campus, located at 21 N. Park St., Madison, WI 53715 RFB means Request for Bid.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-Madison.

WBE means Woman-Owned Business Enterprise.

2.4. Wisconsin Sales and Use Tax Registration:

No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes (vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.

If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html

2.5. 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:

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

2.5.2. 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).

2.5.3. 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; or other means assume responsibility for checking for updates to the RFB or RFP.

2.6. Orders:

Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail, phone, etc.).

2.6.1. Specific order(s): issued as one-time orders.

2.6.2. Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

2.7. Campus Delivery Requirements:

2.7.1. Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.

2.7.2. The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.

2.7.3. This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 2.6.2 above. Any unique delivery arrangements must be pre-approved by contacting the ordering department or Material Distribution Services (MDS) at (608) 497-4432. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries they make for the Contractor.

2.8. Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room #120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.9. Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

2.10. Supplier Diversity:

2.10.1. Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified MBEs.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. To view all MBE firms, go to https://wisdp.wi.gov/search.aspxhttps://wisdp.wi.gov/search.aspx select the MBE box and click search.

2.10.2. Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.10.3. Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

3. RFB Process Instructions

3.1. Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this request must be in writing and must reference the bid number. Bidders should e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFB, they have five (5) business days after the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document.

ADMINISTRATIVE/TECHNICAL:

Marty Rostermundt

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: marty.rostermundt@wisc.edu

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.

Any contact with University employees concerning this RFB are prohibited, except as authorized by the RFB manager during the period from date of release of the RFB until the notice of award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your RFB.

3.2. Applicable Dates:

12/19/2017– 2:00 PM CST

RFB Due Date (Local Madison Time)

3.3. Term of Contract:

It is the intent of the University to start the resulting Contract upon successful negotiations. The contract shall be effective on 3/1/2018 and shall run for three years from that date, with an option to renew for two additional one –year periods.

This contract shall automatically be extended into its fourth and fifth years unless the Contract Administrator is notified in writing by the Contractor, or the Contractor is notified by the Contract Administrator in writing 60 calendar days prior to the expiration of the initial and/or succeeding contract term(s).

3.4. Oral Presentations, Product Demonstrations and Site Visits (Pre Award):

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

3.5. Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at:

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.6. Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for your site visit, contact Agent.

3.7. Method of Bid:

Bidder must submit a net unit price and an extended net total for the item specified. Prices listed should be in US dollars unless otherwise indicated. The University is seeking bids for delivery only (LOT 1 - shipped partially assembled and as is most economical with a full set of directions for final assembly to be completed by the owner) AND bids for delivery and contracted installation (LOT 2).

3.8. Method of Award:

Award(s) shall be made on the basis of the lowest net unit for either Lot 1 or Lot 2 which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

Supplier Diversity Preferences:

State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

4. Bidder Qualifications To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified (respond on “Bidder Response Sheet”.)

4.1. Bidder Information:

Bidder must complete the attached Vendor Information Form (Attachment D) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

4.2. Bidder Experience:

Bidder companymust be in the business of providing bus shelters or fabricated aluminum structures and must have done so for the past three (3) years.

4.3. Authorization:

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

4.4. Client List/References:

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment E). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.5. Fair Price Analysis:

Purchases made under this contract may require further price analysis. Bidders should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

4.6. Debarment:

Federal Executive Order (E.O.) 12549 “Debarment” requires that all contractors receiving individual awards, using federal funds, and all sub recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.

5. Performance and Contract Requirements

5.1. Firm Prices and Discounts:

Pricing for this bid is in two categories. The first category is for specific items listed on Itemized Bid List. The second category is for non-listed, related items from manufacturer's catalog or item list.

5.1.1. Specific Items Listed on Itemized Bid List:

5.1.1.1 For Specific items listed on the Itemized Bid List, prices must remain firm for the initial contract term. Prices established may be lowered due to general market conditions, or negotiations between the University and Contractor.

5.1.1.2 Price increase requests proposed after the initial Contract term, along with an updated price list, must be received by Purchasing in writing 30 calendar days prior to the effective date of proposed increase for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. An acceptance of the price list change will be in the form of an amendment to the contract or a letter to the Contractor.

5.1.1.3 Price increases must be labeled with the contract number and be submitted in the same format as the original Itemized Bid List. Any price increase requested that is not submitted in the proper format may be rejected.

5.1.2. Non-Listed, Related Items:

5.1.2.1 The University requests that all non-listed, related items available from the manufacturer be made available at a single percentage discount from the manufacturer's catalog or price list identified by the bidder on the Itemized Bid List.

5.1.2.2 Percentage discount(s) for non-listed, related items must remain firm during the initial and each succeeding Contract term; or may be renegotiated by the University and the Contractor.

5.1.2.3 Two paper copies or one flash drive copy of the price list in searchable Excel, Word or PDF format of the manufacturer catalog or price list for the non-listed, related items should accompany your bid response. Referencing your website for pricing information is not sufficient. After award, Contractor must also provide copies to Purchasing and University departments upon request.

5.1.2.4 Should price lists change for non-listed, related items during the Contract term, it is the responsibility of the Contractor to submit a letter, referencing the Contract number, and send Two paper copies or One Flash Drive copy of the price list in searchable Excel, Word or PDF format of the new price list or revised portions, to Purchasing, 30 days prior to any price increase becoming effective. Proposed price increases are limited to fully documented costs increases submitted with the request. Invoices shall be audited using the most current price list on file in Purchasing on the date order was placed. An acceptance of the price list change will be in teh form of an amendment to the contract or a letter to the Contractor.

5.1.2.5 Price lists should be labeled with the contract number, and lot(s) if applicable, to which they apply.

5.2. F.O.B. Destination, Freight Prepaid and Allowed: (vendor responsible for freight costs with ownership changing at UW delivery location).

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at various locations. Bid prices must include all packing, freight, insurance charges and installation/operation manuals.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Itemized Bid List. This cost will be added to the bid total for determining the award.

Delivered Duty Unpaid (DDU). Bidders must include costs from bidder’s door to port of destination and local delivery charges. The University will be responsible for all United States duty fees, port of entry documentation fees, custom clearance, tax, etc., if applicable.

Indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.

NOTE: As necessary, awarded Contractor must use the University's contracted customs broker, to be identified on the purchase order.

Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted customs broker.

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify your bid.

-OR-

5.2. F.O.B. Destination Freight Prepaid Included and Installed:

Items may be ordered requiring installation by the contractor at various locations on campus. F.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel as identified.

Delivered Duty Unpaid (DDU). Bidders must include costs from bidder’s door to port of destination and local delivery charges. The University will be responsible for all United States duty fees, port of entry documentation fees, custom clearance, tax, etc., if applicable.

Indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.

NOTE: As necessary, awarded Contractor must use the University's contracted customs broker, identified on the purchase order.

Failure to bid FOB Destination Freight Prepaid Included and Installed in price may disqualify your bid.

5.3. Timeliness of Delivery:

Delivery is desired as soon as possible after receipt of an order. State on the Bidder Response Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within two (2) working days of a receipt of order or release against existing order(s).

5.4. Minimum Order:

Bids that require any minimum order quantity or dollar amount may be disqualified.

5.5. Other Eligible Purchasers:

U.W. System campuses, State of Wisconsin agencies, Wisconsin municipalities, other CIC member institutions and Non-Profit Organizations specifically linked by their mission to the University of Wisconsin Madison, may desire to purchase from this contract.

A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns, school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the power to award public contracts.

5.6. Item Return Policy:

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet their company’s return policy.

5.7. Additional Items/Services:

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

5.8. Invoice Requirements:

Invoice for Purchase Orders:

5.8.1. Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

· Contractor name

· remit to address

· purchase order number

· release number if given

· date of order/release

· item manufacturer’s name or abbreviation (if applicable)

· complete item description including catalog, model and/or stock number(s) identical to those stated in bid

· prices per the Contract

The original invoice must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison, WI 53715-1218 unless the customer identifies and establishes a different bill-to location.

5.9. Payment Terms:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison. The University will pay the Contractor Net 30 days as accepted by the University.

5.10. Shipments, Duplicates and Overshipments:

Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

5.11. Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon request and provided on an annual basis throughout the term of the Contract.

The Contractor shall add the following language verbatim: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents are an ‘additional insured’ under the commercial general and automobile liability policies."

Insurance requirements for this bid are as follows:

Workers Compensation (WC):

Statutory Limits

Each Accident

$100,000

Disease – Policy Limit

$500,000

Disease – Each Employee

$100,000

Commercial General Liability (CGL):

General Aggregate including

Products & Completed Operations

$100,000,000

Each Occurrence

$100,000,000

Automobile Liability

Combined Single Limit

$100,000,000

Non-owned/hired auto coverage

Required

5.12. Performance Meetings:

The Account Representative and/or Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

5.13. Subcontracting:

5.13.1. Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.13.2. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

5.13.3. Subcontractors must abide by all terms and conditions under this Contract.

5.13.4. If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

5.14. Contract Termination:

5.14.1. The University may terminate the Contract at any time, without cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

5.14.2. Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 15 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to: non-responsiveness to orders or enquiries, failure to meet agreed upon deadlines and failure to provide any of Terms, Conditions, Specifications or Special Conditions of Bid.

5.14.3. If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

5.14.4. Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

5.14.5. If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

5.14.6. All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite 6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.15. Entire Contract:

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Contract Award Letter B. Original Request Bid Number 18-5292, dated 12/1/2017 including amendments/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable) Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder.

6. Specifications Specifications of Items/Services to be provided (also see Attachment B):

See Specifications Section 6 and Attachment B for the minimum acceptable specifications for items services desired.

UW Specifications may not be revised without an official written amendment issued by Purchasing.

6.1. Bid Response

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the items/services being offered or bid must be included with your bid to insure that the items/services being bid can be compared to determine if the items/services meet all specifications.

Aluminum Framing: Minimum 1/8” thick extruded aluminum for a three-sided structure with an open front and allowances for an optional partial front side. (See drawing for dimensions.)

6.1.1. Aluminum Finish: Black Duranodic or equivalent black anodized type finish for all aluminum surfaces.

6.1.2. Glazing: Two 1/8” thick pieces of glass with laminate in between for a total width of ¼”. No tinting or anti-graffiti. The laminated glass is not to be tempered as well.

6.1.3. Window Frame: Independent extruded aluminum frames for glazing/windows with an alignment lip using a continuous vinyl gasket and hidden and/or inconspicuous but sturdy fasteners.

6.1.4. Roof/Ceiling: Barrel vault metal roof with metal ends and black Duranodic or equivalent black anodized type finish.

6.1.5. Decorative Grillwork: 1” by 1” flattened (the edges of the members being rounded instead of square. The sides are flat.) tubular aluminum 1/8” thick horizontal members, 1” by ½” flattened tubular aluminum 1/8” thick vertical members. Cut-out text “University of Wisconsin” to fit in flat panel horizontal top member of grill work at both ends of shelter. Text in Friz Quadrata Bt Font to fit into point range 400 to 500 pt

6.1.6. Base Attachment: 4” (inside dimension) external adjustable aluminum flange with two holes for bolts for attachment to a concrete pad.

6.1.7. Bench Type: The bench shall have aluminum black Duranodic or equivalent black anodized type finish arm rests to prevent its use for sleeping or reclining. It shall be backless and attachable to the back frame of the shelter and fit across the entire dimension of the back of the shelter.

6.1.8. Bench Material: Weather resistant, durable aluminum or steel frame and exterior grade IPE wooden seat with weather and vandal resistant finish.

6.1.9. Fasteners: Use concealed fasteners wherever possible fabricated from metals that are not corrosive to the framing material and mounting surface.

6.1.10. Anchors and Inserts: Use wedge type (e.g., red dot) stainless steel anchors and inserts for exterior installations and elsewhere as required for corrosion resistance. Anchors and bolts should be treated with anti-seize. Use toothed steel or lead expansion bolt devices for drilled-in-place anchors. Furnish inserts, as required, to be set into existing concrete or masonry work.

6.1.11. Option: Partial Front Panel. Manufactured with the same materials and basic dimensions as the rest of the shelter frame and glazing, a section of wall roughly two panels wide made attachable and removable to the center of the otherwise open front side of the shelter.

6.1.12. Decal. Contractor shall be responsible for supplying and installing University crest decal. University shall supply artwork to Contractor.

The University is looking for two price quotes; one for delivery only and one for delivery & installation.

DELIVERY

Ship partially assembled as possible and as is most economical with a full set of directions for final assembly to be completed by the owner.

-OR-

INSTALLATION

Provide alternate bid for contracted installation.

6.2. Warranty:

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with your bid.

Attachment A: Bidder Response Sheet NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

SUBMITTAL INSTRUCTIONS

☐ E-mail

☐ Internet

☐ Mail

☐ Phone

☐ Other:

Firm Prices and Discounts

Will you provide additional copies to Purchasing and University departments upon request?

Country of Origin

Shipping Point

OR

Country of Origin

Shipping Point

Will you notify if ordering department of backorders, discontinuation or delays as stated?

Non-Profit Organizations specifically linked by their mission to the University of Wisconsin Madison?

If Yes, Indicate whether other charges will be added and what those charges would be: ______________________________________________________

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents” are added as an ‘additional insured’ under the commercial general, automobile liability policies on any insurance certificate provided.

Can you meet the specifications of the bench?

Can you meet assembly/shipping specifications?

If “YES”, have you enclosed standard warranty documents?

Warranty term: _____________________________________________

Attachment B: Specifications

Attachment C: Itemized Bid List

Bid Manufacturer_______________________ Warranty_____________________

OPTION A

Pricing is also requested for replacement parts:

Partial Front Wall $________________ea, Engraved Grill $__________________ea.

All non-listed, related items from manufacturer's catalog or product list are available at ____% discount. The current manufacturer’s catalog/price list is titled ______________________ and is dated _______ and/or numbered ____________. (Attach additional pages as needed to identify all catalog and price lists and identify on the Itemized Bid List the discounts for each of the catalogs or price lists offered.) If more than one price column exists on the price list, Bidder must identify which column will be used as the "list price" from which the discount would be applied.

Attachment D: Vendor Information Form VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE.

1. Company and Contact Information Company Name:

Company Website:

Contact for questions regarding this Bid

Name:

Telephone:

Fax:

Email:

Contract Renewals/Problems

Name:

Telephone:

Fax:

Email:

Sales…