21-0008-TDP Painting.docx

University of Wisconsin System Administration

REQUEST FOR BID

THIS IS NOT AN ORDER

AGENT: Todd Pooler

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: 21-0008-TDP

ISSUE DATE: 6/8/2020

DUE DATE: 7/1/20

If NO BID (check here) and return.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the University Procurement. Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible. The bid abstract will be on file and is open to public inspection only after award determination has been made.

Painting Services

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the University Procurement 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:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

Contents

SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO: tpooler@uwsa.edu and nwbids@uwsa.edu

NUMBER OF COPIES TO BE SUBMITTED:

One (1) Electronic copy of the completed bids, including the signed original, must be submitted. Bids must be date/time stamped prior to 2:00 p.m. CST/CDT 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

Submitting a bid to any other e-mail address than tpooler@uwsa.edu and nwbids@uwsa.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission does not constitute proof of receipt.

Email submissions may not be greater than 25 megabytes. Any email file greater than 25 megabytes will be rejected by the email server. It is the responsibility of the sending party to confirm emailed bid responses were received by the Purchasing office prior to bid due date.

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.

GENERAL INFORMATION

Purpose The University of Wisconsin System Administration, hereinafter referred to as the "UWSA", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of the University of Wisconsin-Eau Claire, University of Wisconsin-River Falls, and the University of Wisconsin-Stout hereinafter referred to as "The Universities," requests bids for the purchase of Painting Services.

All University of Wisconsin campuses must be eligible to purchase from this contract.

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.

Scope The Universities seek to contract for Painting Services to supplement campus resources. The type of services will vary depending on the need at the time of contracting. However, the requested services may include touch ups, remodels, and painting/repainting of existing structures. The amount of work changes depending on funding and what projects are identified and approved by the individual Universities. However, it is estimated that the annual work contracted by all three sites is around $180.000. However, this is no guarantee of future business and is only an estimate.

See Specifications (Section 6) and/or Itemized Bid List (Attachment B) for the minimum acceptable specifications for items/services desired. 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.

Definitions The following definitions are used throughout this document:

Agent means University Procurement Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bid means Request for Bid.

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

Contractor means successful Bidder awarded the bid.

Custom Charges/Fees: typically includes, but is not limited to, United States duties, if applicable; port of entry documentation fees; custom clearance fees; applicable tax; etc.

Department means University Department of the University of Wisconsin-Eau Claire, University of Wisconsin-River Falls, and University of Wisconsin-Stout.

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Project Manager means a named individual designated for each project by the University. This person can and will be different depending on the University location and where on campus the project is located.

Purchasing Card means State credit card.

Procurement means the Procurement Office in the Division of Business Services responsible for the procurement of goods and services for University of Wisconsin System Administation, located at Room 133, Suite 130, 110 University Services Building, 817 South Broadway, Menomonie, WI 54751 State means State of Wisconsin.

University and UW both mean University of Wisconsin-Eau Claire, University of Wisconsin-River Falls, and University of Wisconsin-Stout.

University Imports: When the University is the Importer of Record or has responsibilities for paying Custom Charges/Fees for products purchased directly from a foreign country.

WBE means Woman-Owned Business Enterprise.

E-Supplier Registration Registration on the State of Wisconsin’s Wisconsin e-Supplier Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in Wisconsin’s e-Supplier Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin e-Supplier Portal navigate to:

https://esupplier.wi.gov 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 (BID) 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 BID or RFP.

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.).

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

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

· Purchasing Card order(s): issued as one-time order(s).

Electronic Commerce/Online Ordering Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

Campus Delivery Requirements 1.

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

The University 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.

This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 2.6 above. Any unique delivery arrangements must be pre-approved by contacting the ordering department.

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 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.

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.

Discriminatory Boycotts of Israel Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision. This provision applies to all contracts of all values.

Supplier Diversity 1.

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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 Colleges and Extension 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.aspx select the MBE box and click search.

Woman-Owned Business Enterprise Program (WBE) Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx Disabled Veteran Owned Business Program (DVB) Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs 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 DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx

VETERAN-OWNED BUSINESS Program (VB) The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

BID PROCESS INSTRUCTIONS

Clarifications and/or Revisions through Designated Contact All communications and/or questions regarding this request must be in writing and must reference the bid number. Bidders are required to e-mail written questions to the Agent.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this BID, 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 BID document.

Todd Pooler UW Procurement Room 133, Suite 130 110 University Services Building 817 South Broadway Menomonie, WI 54751 E-mail: tpooler@uwsa.edu

If a Bidder fails to notify the Purchasing Office of an error in the Bid 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.

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

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

Applicable Dates Date 6/8/2020

6/12/2020

7/1/2020

Event Date of Issue of the Bid

Written questions due

BID Due Date (CST/CDT)

Contract Term The initial term of this contract shall be from the date of award, through June 30, 2023. This contract will be automatically renewed for two (2) additional one-year terms unless termination clause 5.16 is optionally utilized. The final Contract end date with all the renewals will be June 30, 2025.

F.O.B. Job Site Services are to be performed at locations indicated when orders are placed. Delivery of all materials shall be F.O.B. job site, freight paid by Contractor. Contractor shall have a representative present at the delivery site when materials are direct shipped. University employees will not accept deliveries on behalf of the Contractor. The University shall not be responsible for any materials received or accepted on behalf of the Contractor.

Proprietary Information Any information contained in the Bidder’s response that is proprietary must be detailed separately on the attached Designation of Proprietary and Confidential Information 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). Pricing information cannot be kept confidential.

Accommodations for Individuals with Disabilities The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact agent identified in section 3.1 of this document to make a reasonable accommodation request.

Appeals Process Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code.

Appeals must be submitted no later than five working days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be sent to:

The Office of the Executive Director The University of Wisconsin-Shared Services 432 N. Lake Street, Rm 507 Madison, Wisconsin 53706-1498 with a copy to:

Director of Procurement University of Wisconsin-Shared Services 432 N. Lake Street, Rm. 501 Madison, Wisconsin 53706-1498

The complete protest must be received by the Executive Director and the Director of Procurement no later than ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.

Method of Bid

The Bidder shall submit a per hour price for services. All supplies, products, etc. shall have the markup percentage that you have listed in Attachment B.

Method of Award

The Bid award(s) will be made based on the lowest price, responsive, responsible Bidder. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

UWSA intends to award to one or multiple Bidders, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

Award(s) will be based on lowest hourly costs.

For University Imports: See Section 5.3

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.

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 (Attachment A).

Bidder Information Bidder must complete the attached Vendor Information Form (Attachment C) 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.

Bidder Experience The Bidder (company or its principals) must be in the business of providing Painting Services to commercial and institutional entities and must have done so for the past Ten (10) years. The University reserves the right to ask for additional documentation to verify your compliance with this specification. Additional information may include but is not limited to financial records, customer lists, etc.

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 Bidder Required Form, DOA-3832). 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.

Fair Price Analysis Purchases made under this contract may require further fair 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.

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence.

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

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

PERFORMANCE AND CONTRACT REQUIREMENTS

Firm Prices Prices must remain firm for the initial term of the contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing thirty (30) calendar days prior to the beginning of the next contract term, 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.

F.O.B.

F.O.B. Destination, all deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the Contractor.

For University Imports: See Section 5.4 On Site Service In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation charges. Certificates of Liability with appropriate levels of coverage must be provided prior to beginning work.

Service and/or maintenance of this equipment may be required. Indicate on the Bidder Response Sheet whether work is performed on your site or ours, response time on any work requested, the number of miles your site is from ours, if work is performed on your site.

University Imports

Bids must include costs from bidder’s door to port of destination and local delivery charges. Custom Charges/Fees should not be included in the bid price. The University will be responsible for determining Custom Charges/Fees from a University designated customs broker and adding the cost to the bid price. If these charges are identified in your bid, they will be deducted from your total bid price and the University’s estimate added instead. This adjusted total cost will serve as the basis for award.

The University will be responsible for arranging the payment of all United States Custom Charges/Fees, if applicable. The awarded Contractor must use the University's contracted customs broker, as identified on the purchase order. Customs charges will not be paid to the awarded Bidder or anyone other than the University’s designated customs broker under any circumstances, unless previously agreed to in writing by the University.

Requirements for Criminal Background Checks Background Checks of Contractors:

This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

Timeliness of Delivery At the time of order the department will issue a Purchase Order with a start date and acceptable duration. Once awarded, failure to meet this delivery date may result in cancellation of the order and award. The University reserves the right to contract with a second vendor/contractor to receive the items/services per delivery requests.

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.

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.

Acceptance and Testing (Post Award) Acceptance testing will be comprised of a walkthrough of the job site, with both the Vendor and the Universities Project Manager and/or his/her designee. This walk through will happen a maximum of ten (10) days after the item/service has been delivered or installed. Acceptance testing will consist of verification of the specifications and performance requirements.

Additionally, no payment(s) will be made until all keys and/or access cards have been provided back to the University. Vendor will be billed for all lost Keys and access cards. Billing amounts will be calculated based on actual costs including but not limited to rekeying, reprograming, employee time, etc.

If the item/service does not meet specification or performance requirements, the Contractor will have five (5) days to meet requirements. If after this period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

Invoicing Requirements

5.10.1 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:

· Remit to Address

· Purchase Order Number

· Release Number if Given

· Date of Order/Release

· Project Number

· Project Location (Building name and room number)

· Complete description of services and or items provided, including catalog, model and/or stock number(s) match those stated in bid

· Price(s) per the Contract At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to address on purchase order unless the customer identifies and establishes a different bill-to location.

5.10.2 Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 5.10.1 and should be sent to the address given at the time of the order is placed.

Any fees charged for use of the University’s purchasing card program are not allowed.

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

Shipments, Duplicates and Over shipments Upon notification by the University of a duplicated order or over shipment, the items identified must be removed at the Contractor's expense. If the duplicated or over shipment 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 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 award, and on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile and Vendor’s liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

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.

Subcontracting 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.

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.

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

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

Contract Termination The University may terminate the Contract at any time, without cause, by providing Thirty (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.

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 thirty (30) 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: Failure to come to work site on schedule/complete work on schedule or failure to provide any of the Terms, Conditions or Specifications.

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.

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.

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.

All notices of performance failure must be submitted in writing to Purchasing, at the contact location provided in section 3.1 of this document. Purchasing shall be final authority for all performance failure determinations not resolved through the individual University locations.

Other Eligible Purchasers U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities shall be eligible to purchase off 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.

Record and Audit 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.

The University 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 retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

Entire Contract A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The BID, 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:

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 BID should be submitted with your response and alternative language proposed.

Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder shall be held liable.

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.

A Word copy of this exceptions document must be submitted with your electronic bid response.

Travel Per Diems All the Contractor’s travel and expenses shall be the Contractor’s sole responsibility. The only compensation that the University will pay the Contractor is the hourly rate listed in Attachment B.

SPECIFICATIONS

Specification One Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired. Adequate detailed specifications of the items/services being offered or bid [should be included with your bid. The bidder may offer alternate items/services believed to be an equal. Any alternate items/services bid must be clearly identified by manufacturer, catalog, model or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items/services offered should be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.

Failure to provide the request product specifications and information for items/services bid may disqualify your bid.

Warranty Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must provide a two (2) year warranty on workmanship and application of products.

Labor and Travel Time Bid must include labor and travel time during stated service hours. University service hours shall be defined as 5:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays. Bidders must identify if travel time charge per hour is the same as labor time per hour and if all employees will be charged at the same rate.

Contracting With Other Vendor Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

Emergency Situation In the event of an emergency situation (pandemic, snowstorm, etc.), Contractor may be required to provide the University with the items/services on this bid as required. An emergency preparedness plan to serve the University and the items/services that are available to meet emergency needs should be provided if requested. Minimally, this plan should include emergency contact information, product and service level availability, staffing, equipment, and logistics plan.

Emergency Hours Bid must include labor and travel time during stated emergency hours to the department. Emergency Service hours shall be defined as 6:00 p.m. to 5:00 a.m.

Employee Identification All Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

Environmentally Friendly “Green” Products Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

Customer Service

6.8.1. Vendor shall have, at a minimum, 10 full time employees. Please provide a list of employees with job titles when submitting your bid.

6.8.2. Vendor must have covered telephone service from 8:00 a.m. CDT to 5:00 pm. CDT, Monday through Friday.

6.8.3. Vendor must be accessible by phone to provide services for emergencies after hours, weekends and holidays.

6.8.4. Vendor must have ability to provide a quote for service within five (5) business days of request.

6.8.5. Vendor must have ability to begin work on quoted service within 15 business days of purchase order receipt.

6.8.6. Vendor shall maintain on staff at least one employee who holds (and maintains) a State of Wisconsin Lead Abatement Supervisor license and or Lead Paint Renovator license. Contractor and workers have proper level of training and certification to conduct the level of work. Contractor must comply with DHS163 for lead paint maintenance activities.

Types of Work

6.9.1. Painting services may require use of brush, roller, sprayer, and other commonly used paint application devices.

6.9.2. Additional requirement may require the Vendor to apply caulk, mudding/taping drywall, wall patching and other repairs or preparation work depending on the job.

6.9.3. Vendor shall ensure that all installations shall be done in a professional manner and be consistent with existing conditions. Any variations of these conditions must be approved by Project Manager prior to the work being started.

6.9.4. Vendor shall perform work in University buildings and outside areas as requested. Work shall be performed promptly and in accordance with a schedule or work program, as approved by the Project Manager.

Work site and Cleanup

6.10.1. The Vendor shall clean up and remove all non-hazardous debris from the job site, daily, and dispose of all debris at a State of Wisconsin licensed solid waste landfill.

6.10.2. The Vendor shall not leave debris on University property, in University dumpsters, or in any non-Contractor owned dumpster.

6.10.3. The Vendor shall not incinerate debris, and/or dump waste by/in the street or road.

6.10.4. If debris could be identified as hazardous waste, Vendor must contact the Project Manager for proper hazardous waste disposal procedures.

6.10.5. No item, material or components shall be salvaged by the Vendor or any party

6.10.6. The Vendor shall restore job site to original condition to the satisfaction of the University.

6.10.7. Vendor shall repair all surfaces, such as wall patching and painting, when required.

6.10.8. The Vendor shall repair all damage to new and existing equipment resulting from Vendor’s work.

6.10.9. When the job is complete, the Contractor shall remove all tools, excess material and equipment, etc., from the site.

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.

YES NO

SUBMITTAL INSTRUCTIONS

Have you included one (1) complete set of your bid in electronic format ? |_| |_|

1.1 Have you…