22-GW8151 RFB DOCUMENT.docx

University of Wisconsin-River Falls

REQUEST FOR BID

THIS IS NOT AN ORDER

AGENT: Greg Wertheimer

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: 22-GW8151

ISSUE DATE: 04/11/2022

DUE DATE: 05/12/2022

If NO BID (check here) and return.

Bid prices and terms shall be firm for term of contract, 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.

There will be no public opening. All bidders will be notified by email of results as soon as possible after bids have been evaluated.

PUMPING OF GREASE TRAPS AND CATCH BASINS FOR UW-RIVER FALLS

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 #:

22-GW8151

Contents

SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO: bids@uwrf.edu

NUMBER OF COPIES TO BE SUBMITTED:

One (1) electronic copy of the completed bid, including the signed original, must be submitted. Bids must be date/time stamped no later than 2:00 pm CDT on the stated due date.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

Submitting a bid to any other e-mail address than bids@uwrf.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission doesn't 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.

8. DOA Form 3832 (separate attachment)

GENERAL INFORMATION

Purpose The University of Wisconsin-River Falls, hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," requests bids for the pumping of grease traps and catch basins at a variety of campus locations.

All University of Wisconsin-River Falls 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 University is requesting bids for the pumping of six (6) grease traps and thirteen (13) catch basins at a variety of campus locations. The tanks vary in size from 16 to 30,000 gallons and the frequency of service required varies from 1 to12 times per year.

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount of repair services. 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 Center DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

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 on UW-River Falls campus, located at 410 S 3rd St, River Falls, WI 54022.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-River Falls.

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 of time, 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).

Parking University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UWRF Parking 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.

Energy Star The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

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.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

2.10.

2.11.

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 in regard to this request should 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.

ADMINISTRATIVE: Greg Wertheimer UWRF Purchasing Services 410 S 3RD St River Falls, WI 54022 gregory.wertheimer@uwrf.edu 715-425-4730

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.

In the event that 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

Event

Date

RFB Posted

04/11/2022

Optional Site Visit

04/21/2022 10:00 AM

Questions Due

04/25/2022 4:30 PM

Answers Posted

04/28/2022 (Approximately)

Due Date

05/12/2022 2:00 PM CDT

Contract Term The initial term of this contract shall be from date of award, through three years after date of award. This contract will be automatically renewed for two (2) additional one-year terms unless termination clause 5.18 is optionally utilized. Contract end date will be five (5) years from the date of award.

Site Visit Bidder may visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements of the project. The optional site visit will be 04/21/22 at 10:00 AM. To confirm your site visit contact Greg Wertheimer at 715-425-4730 gregory.wertheimer@uwrf.edu. The site visit will begin at the Facilities Management building (See campus map in attachment C).

No additional charges shall be allowed by the Contractor for lack of information or misunderstanding information if the Bidder does not attend the vendor conference or site visit.

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 Greg Wertheimer 715-425-4730 gregory.wertheimer@uwrf.edu 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:

Brandee Drinken, Purchasing Associate Director The University of Wisconsin-River Falls 410 S 3rd St Room 220C River Falls WI 54022 with a copy to:

Greg Wertheimer, Purchasing Specialist University of Wisconsin-River Falls 410 S 3rd St Room 220 River Falls WI 54022 The complete protest must be received by the Purchasing Associate Director and the Purchasing Specialist 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 net unit price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

Method of Award

Award(s) shall be made on the basis of the lowest extended net total, which is judged to be in the best interest of the University. More than one award may be made as 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.

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 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.

Bidder Experience The Bidder (company or its principals) must be in the business of pumping grease traps and catch basins and must have done so for the past three (3) years.

Authorization Bidder must be licensed in the State of Wisconsin and be compliant with all Federal, State and local requirements to provide this service, at the time of bidding and during the length of the contract. Failure to maintain this compliance shall be grounds for immediate termination of the contract.

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.

Debarrment 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

5.1.1. Prices must remain firm for the initial contract term. Prices established may be lowered due to general market conditions or negotiations between Contractor and the University. If there is a change in the general market condition and the parties cannot come to an agreement on a new pricing model, the UW reserves the right to terminate and rebid the contract.

5.1.2. If pricing is based on a percentage off list, this percentage must remain firm during the initial and each succeeding contract term; or may be renegotiated by the University and Contractor.

5.1.3. Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing ninety (90) calendar days prior to the beginning of the next contract term, for acceptance or rejection. Price increases will only be considered annually on the contract term anniversary.

5.1.4. Pricing increase documentation must be emailed to all the following email address purchasing@uwrf.edu. Price increases must be labeled with the contract number and should be submitted in Excel or CSV format and be in the original Itemized Bid List format. Any price increase requested that is not submitted in the proper format and/or locked versions may be rejected.

5.1.5. Proposed price increases are limited to fully documented cost increases submitted with Contractor’s request. Requests must give a breakdown of Contractor’s costs into a percentage of your overall costs and will only apply to the portion of your costs that are directly affected. Failure to provide Contractor’s request in this form may result in immediate rejection of Contractor’s request. If Contractor uses an index as proof of the need for an increase, the index will be monitored on a yearly basis and Contractor’s pricing will go up or down based on that index for the remainder of the Contract.

5.1.6. If Contractor is using government indices as your proof of cost increase, the sited indices must be approved by both parties, be available to both parties at no cost, be specific to a single commodity, and be considered an industry standard index.

5.1.7. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or in part or to negotiate price increase requests with Contractor. An acceptance of the price list change will be in the form of a letter to Contractor.

5.1.8. Contractor should promptly notify Purchasing of new or discontinued items. Notices must be emailed to all of the following email address purchasing@uwrf.edu.

F.O.B.

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

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.

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.

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.

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:

· Contractor name

· Remit to address

· Purchase order number

· Release number if given

· Date of order/release

· Tank location

· Tank size

· Pricing 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 accountspayable@uwrf.edu 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 5.9.1 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.

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 liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

Additional insurance requirements for this bid are as follows and a Certificate of Liability with appropriate coverage levels must be provided prior to beginning work:

Workers Compensation (WC) Required for all Contracts

NO EXEMPTIONS

5.8.1 General Liability

The Contractor and its consultants retained under the terms of this Contract shall procure and maintain during the life of this Contract, Commercial General Liability Insurance. Minimum coverage shall be $1,000,000 per occurrence, $2,000,000 general aggregate. Such coverage shall be of the “occurrence” type form and shall include the employees of the Contractor as insureds. Insurance shall be primary and noncontributory.

5.8.2 Automobile Liability

The Contractor and its consultants retained under terms of this Contract shall procure and maintain Commercial Automobile Liability Insurance for all owned, non-owned, and hired vehicles. Coverage shall be $1,000,000 combined single limit. Insurance shall be primary and noncontributory.

5.8.3 Workers’ Compensation

The Contractor shall procure and maintain during the life of this Contract, and shall require all consultants, to maintain, Worker’s Compensation Insurance as required by the State of Wisconsin Statutes and any applicable Federal Act coverage such as Longshoremen’s and Harbor Workers Act, Jones Act or Admiralty Act for all employees engaged in Work associated with the Project under this Contract. The Contractor and its consultants shall maintain employer’s liability insurance with a policy limit of not less than $100,000/$500,000/$100,000 per occurrence. Insurance is to be Primary and non-contributory.

5.8.4 Umbrella Liability

The Contractor and its consultants retained under the terms of this Contract shall procure and maintain an Umbrella Policy with a minimum limit of $1,000,000. Insurance to be non-contributory.

5.8.5 Waiver of Subrogation Provision. All insurance required of the General Contractor and its consultants, including Workers Compensation, shall contain a waiver of subrogation in favor of “Board of Regents of the University of Wisconsin System, its officers, employees, and agents.” Insurance shall be primary and noncontributory.

5.8.6 Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Additional Insured: The vendor shall add the “State of Wisconsin, its officers, employees and agents” as an additional insured under the commercial general liability policy. Waiver of subrogation for liability and umbrella coverages above in UW System’s favor If Contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice.

Contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as “claims”) occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of Contractor, its agents, employees, subcontractors or contractors.

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

Activity Reports Contractor should, be able to report on a semi-annual, basis all items/services purchased against this contract during the designated report period, including but not limited to:

· Contractor name

· Remit to address

· Purchase order number

· Release number if given

· Date of order/release

· Tank location

· Tank size

· Pricing per the contract Contract Termination

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

SPECIFICATIONS

Specification One The Bidder’s response must be clearly identified as requested on the Itemized Bid List. Adequate detailed specifications of the items/services being offered or bid should 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.

If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items/services being bid. These will be used 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.

Labor and Travel Time Bid must include labor and travel time during stated service hours. University service hours shall be defined as 7:00 a.m. to 3:30 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 for service if Contractor is unable to provide service for any reason on a timely basis.

Emergency Situation In the event of an emergency situation (pandemic, snow storm, etc.), Contractor must 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 must 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 on bid sheet.

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.

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.

Contractor Requirements

· Contractor must hold the appropriate licenses, certifications, and/or other professional credentials required by appropriate federal, state, county, and city laws to perform these services.

· Contractor must provide written estimates in advance of performing any services not covered by the contract.

· Contractor must agree that travel time/Service call fees will not be paid for scheduled service.

· Contractor must agree that services may be added or deleted from this agreement with mutually agreed cost adjustment.

· Contractor must be available to provide emergency services 24/7/365 within 24 hours.

· Contractor must agree that scheduling will be coordinated with Facilities Management staff.

· Contractor must remove debris from the work area.

· Contractor must agree that any spills caused by contractor’s staff or equipment will be fully cleaned at no additional cost

· Contractor is responsible for any damage caused by its employee’s error or negligence.

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

1.1 Have you completed and returned all forms required? |_| |_|

Do you certify that neither your organization nor your principals will, during the term of the |_| |_| contract, engage in a boycott in the State of Israel

3.5 Have you made the required Site Visit if applicable? |_| |_|

4.2 Are you in the business of providing tank pumping services |_| |_| and have done so for the past 3 years?

4.4 Will you provide a client list? (see Attachment E) |_| |_|

4.6 Do you agree to no minimum order quantity or dollar amount? |_| |_|

5.2 Are you bidding all prices F.O.B. Destination pre-paid and added, delivery charges and risk of loss borne by the Contractor? (Be sure to read Section 5.2 carefully) |_| |_|

5.4 Do you agree with the requirements for criminal background checks? |_| |_|