7 RFB 28375-KH Moving and Storage Services - Statewide.pdf

REQUEST FOR BID

Moving and Storage Services - Statewide

28375-KH

Issued Date: April 19, 2022

Responses Due: May 19, 2022 1:00 p.m. CT

Moving and Storage Services - Statewide

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 EXPERIENCE AND REFERENCES

3 MANDATORY REQUIREMENTS OF BID

3.1 TECHNICAL REQUIREMENTS

3.1.1 EQUIPMENT AND SUPPLIES

3.1.2 MOVING PROTECTION

3.1.3 SHELVING AND FURNITURE

3.1.4 METHOD OF MOVING

3.1.5 TRANSPORTING PROPERTY

3.1.6 REQUIREMENT COMPLIANCE

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 CONTRCTOR CONTACT INFORMATION

3.2.2 PROJECT MANAGER

3.2.3 CONTRACTOR EMPLOYEES

3.2.4 ENVIRONMENTALLY FRIENDLY ("GREEN") PRODUCT

3.2.5 PLANNING MEETING REQUIREMENTS

3.2.6 RIGHT TO HALT WORK

3.2.7 SUBSTANDARD WORK

3.2.8 TIME OF MOVES

3.2.9 RATES

3.2.10 NOTICE OF OVERTIME

3.2.11 PARKING

3.2.12 ACCESS TO FACILITIES

3.2.13 STORAGE SERVICES

3.2.14 RESPONSIBILITY OF THE STATE

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 REPORTING

4.3 LIQUIDATED DAMAGE

4.4 TOBACCO-FREE ENVIRONMENT

4.5 AGENCY WORK RULES

4.6 PAYMENT

4.7 CONTRACT PRICING

4.7.1 INVOICES

4.7.2 DELINQUENT PAYMENT OWED TO STATE

4.7.3 CREDITS

4.7.4 PAYMENT TERMS

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4.7.5 SALES TAX

4.8 CERTIFICATES OF INSURANCE

4.9 CANCELLATION AND TERMINATION

4.9.1 NON-APPROPRIATION

4.9.2 TERMINATION OF PURCHASE ORDER

4.9.3 FORCE MAJEURE

4.9.4 SEVERABILITY

4.9.5 BREACH NOT WAIVER

4.9.6 NON-RENEWAL

4.10 CONTRACTOR INDEMNIFICATION

4.10.1 STATE INDEMNIFICATION

4.10.2 CONFIDENTIAL INFORMATION

4.10.3 INELLECTUAL PROPERTY

4.10.4 ANTITRUST

4.11 CONTRACT DISPUTE RESOLUTION

4.12 RECORDS, RECORDKEEPING AND RECORD RETENTION

4.13 EXAMINATION OF RECORDS

4.14 PROMOTIONAL ADVERTISING AND NEWS RELEASES

4.15 OTHER DOCUMENTS

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 COST SHEET INSTRUCTIONS

5.3 REQUESTING PRICE ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 QUESTIONS, CLARIFICATIONS, AND CORRESPONDENCE

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (Strongly Preferred)

6.5.2 HARD COPY SUBMITTAL

6.6 EMAILED BIDS

6.7 FORMAT OF BID RESPONSE

6.8 INCURRING COSTS

7 BID OPENING, REVIEW AND ACCEPTANCE

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 BIDDER REFERENCES/CLIENT LIST

7.6 USE OF SUBCONTRACTORS

7.7 SUPPLIER DIVERSITY

7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2 VETERAN-OWNED BUSINESS

7.7.3 DISABLED VETERAN-OWNED BUSINESS

7.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.8 DEBARMENT

7.9 AWARD NOTIFICATION

7.10 PROTEST AND APPEALS PROCESS

7.10.1 PROTESTS

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7.10.2 APPEALS

8 REQUIRED FORMS

8.1 ATTACHMENT A - COST SHEET

8.2 ATTACHMENT B - DOA-3832 BIDDER REQUIRED FORM

8.3 ATTACHMENT C - REGIONAL ZONE MAP OF WI

8.4 ATTACHMENT D - CONTRACT TEMPLATE

8.5 ATTACHMENT E - BID FACTORS (HARD COPY SUBMITTALS ONLY)

1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the State's needs.

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1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

Agency:

An office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Authorized Users:

Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2),

(4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

Bid:

A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bid Factor:

An element of the bid that does not appear in the RFB document, but the Bidder must respond to. Bid Factors can be seen and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

Bidder:

A person or firm that responds to this Request for Bid.

Collections Handling and Care:

The activities associated with organizing, maintaining, moving, and storage of collections to keep them safe, accessible, and in good condition.

Commodity: A tangible article of trade or item of merchandise; goods, products, materials, Page 5 28375-KH supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Confidential Information:

All tangible and intangible information and materials being disclosed in connection with this Contract, in any form or medium without regard to whether the information is owned by the State or by a third party, which satisfies at least one of the following criteria: (i) Personally Identifiable Information; (ii) Proprietary Information;

(iii) non-public information related to the State's employees, customers, technology (including data bases, data processing and communications networking systems), schematics, specifications, and all information or materials derived therefrom or based thereon; or (iv) information expressly designated as confidential in writing by the State. Confidential Information includes all information that is restricted or prohibited from disclosure by state or federal law.

Contract:

The written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contract Manager:

The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.

Contractor:

The person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide

Page 6 28375-KH equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Disabled Veteran Owned Business (DVB):

A business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

Inspection:

An examination of Deliverables or Services provided under this Contract in order to determine their fitness for use.

Minority Business Enterprise (MBE):

A business that has been certified by the Department of Administration under §16.

287, Wis. Stats.

Municipality:

Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (§ 16.70(8), Wis.

Stats.).

Notice of (Intent to) Award:

A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award of a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

Purchasing Card (p-card):

A charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement's Purchasing Card Contract.

Procurement Specialist:

The individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions

Project Manager:

Individuals assigned to coordinate move activities and serve as a liaison between the State of Wisconsin and the Contractor.

Project Contact:

State contact who shall provide oversight for the entire project and obtain

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Purchase Order: The State's standard document of a purchase of Deliverables and Services.

RFB: Request for Bid

Services or Contractual Services:

An intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

Specification:

A descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing, or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement."

State Holidays:

New Year's Day, Martin Luther King Jr.

Birthday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year's Eve.

State: State of Wisconsin

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1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State), as represented by its Department of Administration (DOA), State Bureau of Procurement (SBOP), requests bids for the purchase of Moving and Storage Services and intends to use the results of this process to award multiple Contracts. The State does not guarantee it will purchase any specific quantity, dollar amount, or pay any minimum contract price during the term of the Contract. Bids that require a minimum number of commodities or services be ordered will be rejected.

The estimated annual total value of this Contract is $500,000. This contract will be used generally in two ways. The first use is various moves of equipment, supplies, and furniture between locations as staff may be moved or relocated. The second use is for offsite storage, short term (defined as 12 months or less), or long term (12 months or more). Agencies of the State utilizing long term storage shall reassess this need annually.

On occasion, a more specialized move may be necessary. When that need is identified, the State shall meet with the Contractor in order to plan the details and obtain quotes for additional expenses. Also, a move presentation may be required upon request of the State. All contract rates will apply.

Moving services may be made between offices within a building, between buildings, or from a building to an offsite location. Moves may range in size from a single office move to moving many offices or an entire building. This Contract does not cover any move which requires special equipment such as rigging and/or cranes. Materials to be moved will include but are not limited to: furniture, computers, office equipment, glassware, books, safes, and supplies.

See Mandatory Requirements for the minimum acceptable services desired. The estimated quantities identified on the Cost Sheet are for bid purposes only.

This Contract shall be governed by the laws of the State of Wisconsin. Venue for any action brought under this Contract shall lie in Madison, Dane County, Wisconsin.

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1.3 CONTRACT TERM

This Contract will run for an initial three (3) year period. The State and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2) one (1) year periods. The Contract shall be effective on the date it is executed by the State. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order. The original contract term or any renewal period may be extended at the State's request on a month-to-month basis for a period to exceed six (6) months for the purpose of completing a future solicitation or transition to new Supplier(s).

Contract conditions, terms and pricing shall not be modified during such a month-to-month extension, unless prior approval of the justification is obtained in writing by the Contract Manager.

The RFB documents, the awarded Bidder's response as accepted by the State, and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

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1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the State, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Official Purchase Order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the State and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the State and providing appropriate documentation and support and reporting Contract usage by Municipalities.

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1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the State shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the State with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the State as itemized questions that require an affirmative response from you that you can meet them (i.e.

"yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8").

For any (itemized or grouped) requirements that you cannot meet, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Failure to meet a qualification will disqualify your Bid. However, the State reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

Before the award of any Contract, the State shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this bid. It is the Bidder's responsibility to acquaint the State with these qualifications by submitting appropriate or supporting documentation.

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2.1 EXPERIENCE AND REFERENCES

Bidder shall be in the business of moving and storage services comparable to the requirements of this RFB document for at least the past three (3) years. Bidders shall include information on background experience and history for this moving and storage services Contract on the Vendor Reference form DOA-3832 (see Section 3). If contacted, information received from those references will be used to determine whether the Bidder can reasonably meet Contract requirements and specifications.

3 MANDATORY REQUIREMENTS OF BID

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Bidder must use Bid Factors to respond to this section. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 TECHNICAL REQUIREMENTS

3.1.1 EQUIPMENT AND SUPPLIES

3.1.1.1 Contractor shall furnish all equipment and supplies to be used throughout the moving services, including protective clothing and dust masks for their employees, as needed. Contractors shall provide, at their expense, all tools of the trade and equipment necessary to perform the work to specification.

3.1.1.2 Contractor shall ensure that all equipment and supplies are available on a daily basis to avoid delay in the process. All equipment shall have non-marking wheels, casters, slides, or bumpers. Contractor shall supply blankets to protect furniture and equipment from damage. Contractor shall furnish tote boxes, speed pack containers, hampers, or cartons as necessary to move loose materials.

3.1.1.3 Any equipment, tools, or materials owned by the Contractor left on the job site are the Contractor's responsibility. The State does not take any responsibility for these or their safety.

3.1.1.4 Some locations restrict the size or type of moving vehicles that can be used. The Contractor must verify the size or type of vehicle that can be utilized before each move.

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3.1.2 MOVING PROTECTION

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3.1.2.1 Contractor shall provide all environmental protection for floors, carpeting, wall surfaces and corners, doors, door frames, windows, elevators, ceilings, stack end panels and shelving, and other features within the State facilities.

3.1.2.2 Contractor shall use general cargo protective materials such as Styrofoam corner protectors, plywood, and corrugated board. The State shall review the precautions taken prior to beginning moving services. Contractor is responsible for any repairs or damages to State buildings and property resulting from or caused by the Contractor and its employees, equipment, vehicles, or subcontractors.

3.1.2.3 Contractor shall be responsible for any and all loss or damage to buildings, building sites, and State property by theft, accident, or other means throughout the performance of the move or term of storage. Sites shall include all structures and utilities, as well as adjacent portions of streets, sidewalks, landscaping, and other property.

3.1.2.4 Contractor shall restore to useable condition, replace, or reimburse the State in full for repair of buildings, building sites, and other State property that is damaged or lost during the performance of the move.

3.1.2.5 If State property is damaged beyond repair or is lost and irreplaceable, the Contractor shall reimburse the State for the full market value of the property.

3.1.2.6 State property shall be considered to be in the Contractor's custody from the time it is removed from State locations until it is placed in its new location and the move is accepted by the State.

3.1.2.7 The Contractor shall allow the State five (5) business days following the completion of moving services to review and inspect facilities, property, and property location(s) before acceptance occurs. If the State does not notify the Contractor within five (5) business days, the Contractor may assume that the move is acceptable.

3.1.2.8 Contractor shall be responsible for the placement of items at the designated locations within the state facilities. Maps shall be provided that indicate the placement of the items.

3.1.2.9 No item, material, or component shall be salvaged by the Contractor or any

Page 15 28375-KH party without prior approval of the State.

3.1.2.10 Contractor shall dispose of all debris on a daily basis and in an acceptable manner, recycling waste in an appropriate manner. The Contractor shall not leave debris on State property, in State dumpsters, or in any non-Contractor owned dumpster unless given specific approval to do so. Upon completion of the work, the Contractor shall remove from all work sites all equipment and other property belonging to the Contractor.

3.1.2.11 Upon written request by State Project Contact, Contractor shall deliver State items to a metal scrap recycling yard, typically of the Contractor's choosing. The State will provide notice of scrap items to be moved at the time of scheduling whenever feasible, but total quantities of items to be scrapped may not be available until the day the work is performed. Compensation paid by the scrap yard to the Contractor shall be credited to the State against the invoice(s) for that job. Contractor shall provide, along with their invoice(s), a copy of a receipt from the scrap yard documenting the full scrap compensation amount.

3.1.3 SHELVING AND FURNITURE

Contractor shall provide services to adjust, disassemble, or move shelving and furniture throughout the moving services for the State upon request. Details for the shelving and furniture service shall be provided by the end user prior to the move.

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3.1.4 METHOD OF MOVING

Where vertical file cabinets are to be moved, contents shall remain in place if there is a functional lock/thumb lock available. If locks are not functional or unavailable, the contents shall be removed. The State shall be responsible that compressors secure the files. Storage cabinets, lateral files and desks with loose items and supplies shall be emptied and boxed or bundled by the State. Contractors may use State elevators within the safe load limits indicated on the cab. The Contractor shall use freight elevators when provided. Contractor's employees shall avoid scratching, denting, or marring the cab walls. Contractor shall monitor the elevator usage to avoid minimum disruption for other State needs.

3.1.5 TRANSPORTING PROPERTY

3.1.5.1 Contractor shall provide protection to State property from any damage during handling and from vibrations, moisture, and weather hazards.

3.1.5.2 Contractor shall secure all State property within the trucks during transport to ensure no damage occurs.

3.1.5.3 Trucks shall be locked during transport of State property between locations. The State shall have the option to have trucks locked by State staff as instructed by the State Project Contact.

3.1.5.4 Contractor shall not leave State property unattended or in unsecured areas.

3.1.5.5 Contractor shall not leave moving trucks overnight with State property inside. In the event that State property is not unpacked at the end of the day, prior State Project Contact approval is required.

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3.1.6 REQUIREMENT COMPLIANCE

If within five (5) business days following the completion of moving services it is discovered that the Contractor is not compliant with the required elements of the contract as specified in the RFB, it is the responsibility of the Contractor to correct any deficiencies to the satisfaction of the State. All solutions must be agreed upon in writing from the State. Failure to reach a mutually agreed upon solution within five (5) business days of notice may result in loss of contract award.

Contractor will correct or have corrected damage caused by the Contractor during the course of performing work for the State. Such repairs shall be at no additional cost. The timeframe for performing repairs shall be agreed to in writing by the State and Contractor. Failure to reach a mutually agreed upon solution within five (5) business days of notice may result in cancellation or termination of the Contract. The State, upon written notice to the Contractor, may procure repairs from other sources as necessary, and the Contractor shall be responsible for the additional cost, including purchase price and administrative fees. This remedy shall be in addition to any other legal remedies available to the State.

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3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 CONTRCTOR CONTACT INFORMATION

3.2.1.1 Contractor must designate a person(s) to provide information on: Contract Problems, Contract Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns, Supplier Diversity, Vendor Information Form, and Affirmative Action.

3.2.1.2 Contractor must be available during the hours of 7:30 a.m. to 4:30 p.m.

CT Monday through Friday to respond promptly to requests for service. Timely provision of services or deliverables required under this Contract shall be of the essence of the Contract, including the provision of services or deliverables within the time agreed or on a date specified.

3.2.1.3 Contractor shall respond to any comments or questions from Contract Users within one (1) business day. For all unresolved requests older than two (2) business days, Contractor shall contact the individual(s) with an estimated timeframe to receive their answer. Contractor shall be responsible for follow-through to ensure that all requests for information are acknowledged and answered.

3.2.1.4 In the event the Contractor moves or updates contact information, the Contractor shall inform the State of such changes in writing within ten (10) business days. The State shall not be held responsible for payments on Purchase Orders delayed due to the Contractor's failure to provide such notice. Any notice required or permitted to be given hereunder shall be deemed to have been given on the date of delivery or three (3) business days after mailing by postal service, certified or registered mail-receipt requested.

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3.2.2 PROJECT MANAGER

3.2.2.1 The Contractor shall designate a Project Manager to coordinate communication between the Contract employees and the State and who shall be the main contact during the moving services. If the project is not of a size that dictates that a Project Manager should oversee the work, the Contractor shall designate a suitable representative and the contract user shall be provided contact information for that representative.

3.2.2.2 Project Manager and/or representative shall be present for the duration of the scheduled move and be available to State staff to resolve problems and conflicts.

3.2.2.3 Project Manager and/or representative shall ensure the moving services are completed in accordance with the terms of the Contract.

3.2.2.4 If the Project Manager and/or representative must leave the site, the Contractor shall appoint another competent representative and will notify the State.

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3.2.3 CONTRACTOR EMPLOYEES

3.2.3.1 Contractor employees shall wear uniform identification that is clearly visible.

3.2.3.2 All drivers must possess appropriate driver's licenses, including Commercial Drivers' License (CDL) for vehicles that meet CDL requirements.

3.2.3.3 Contractor shall ensure that his or her employees comply with all relevant agency requirements for Collections Handling and Care while at work sites.

3.2.3.4 Employees of the Contractor or any subcontractors shall refrain from eating, drinking, or smoking except in designated areas when providing moving services to the State.

3.2.3.5 Work sites, including outdoor areas, shall be kept free from contractor's food wrappers, drink containers, and the remains of cigarettes.

3.2.3.6 The Contractor shall at all times comply with and observe all federal, state and local laws, ordinances and regulations that are in effect during the term of this Contract that may affect the Contractor's work or obligations hereunder.

3.2.3.7 The Contractor shall not take any action, or make any omission, that may imply, or cause others reasonably to infer, that the Contractor is acting as the State's agent in any matter or in any way not expressly authorized by this Contract.

3.2.4 ENVIRONMENTALLY FRIENDLY ("GREEN") PRODUCT

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.

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3.2.5 PLANNING MEETING REQUIREMENTS

3.2.5.1 Contractor shall attend planning meetings upon request by the State prior to the moving start date. Planning meetings shall be conducted during the course of the move or as needed by the State.

3.2.5.2 Contractor shall include the Project Manager throughout the planning meetings to ensure the Contract requirements are understood.

3.2.5.3 It is the Contractor's responsibility to assess the extent and complexity of the move during the planning meeting.

3.2.5.4 Meetings between the Contractor and the State shall determine the details of the moving schedule. The move shall require careful coordination to determine specific upcoming goals and requirements for moving. Contractor shall need to be flexible and make adjustments, as required by the State, for moving services.

3.2.6 RIGHT TO HALT WORK

The State reserves the right to call for a change in the Contractor's procedures or the stoppage of work if, for example (but not limited to), materials are being located incorrectly, a staff member of the Contractor's team is behaving in an objectionable manner, or materials are being handled poorly. It is the Contractor's obligation to resolve the problem to the satisfaction of the State.

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3.2.7 SUBSTANDARD WORK

Contractor will correct or have corrected any contractor-performed work that is deemed substandard by the State. Such work shall be at no additional cost. The timeframe for correcting substandard work shall be agreed to in writing by the State. Failure to reach a mutually agreed upon solution within five (5) business days of notice may result in cancellation or termination of the Contract. The State, upon written notice to the Contractor, may procure such deliverables or services from other sources as necessary, and the Contractor shall be responsible for the additional cost, including purchase price and administrative fees. This remedy shall be in addition to any other legal remedies available to the State.

3.2.8 TIME OF MOVES

3.2.8.1 Most moves are made during regular working hours. Regular working hours are defined as 7:30 a.m. to 4:30 p.m., Monday through Friday. Overtime hours are defined as after 4:30 p.m., Monday through Thursday. Weekend hours are defined as after 4:30 p.m. Friday, and all day Saturday and Sunday up to 7:30 a.m. Monday morning.

Holiday hours are defined as those legal holidays as defined by laws of the State of Wisconsin.

3.2.8.2 When a job start date and time has been determined with the Contractor, the Contractor shall be on the job site with adequate tools, mobilized and ready to perform work at the agreed upon time and date. Prior to the start of daily work, the Contractor shall make their presence known to the State Project Contact. Upon request, the Contractor must notify the Project Contact each day when the Contractor's staff arrives and departs.

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3.2.9 RATES

Hourly rates shall include all costs, vehicle, driver, insurance, license, profit, delivery of supplies, etc. Contractor may charge for travel from point A to point B when moving items from point A to point B. Only travel time to and from the job site in excess of one hour each way will be billable. Any travel charges must be fully disclosed to the end user prior to the start of the move. No charges will be allowed for the Contractor who arrives at the job site with the wrong equipment or a vehicle of incorrect size. Any per diem expenses, inclusive of hotels, shall be the Contractor's sole responsibility.

The intent of this requirement is not to prohibit billing for travel from point A to point B when moving items from point A to point B. It only prohibits billing for travel to arrive at the job site to begin the work day and to bill for any travel that takes place after the end of the work day in excess of one hour each way.

3.2.10 NOTICE OF OVERTIME

The Contractor shall give as much notice as possible of overtime to be worked. No overtime is to be worked without prior authorization from the State Project Contact except in emergent situations necessary to affect Agency services.

3.2.11 PARKING

3.2.11.1 Parking at State work sites may be limited. Contractors, their employees, and any subcontractors shall make their own arrangements for parking with each location prior to the start of the moving services. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in lots or loading docks without the proper permits, if required, will be ticketed and/or towed.

3.2.11.2 Contractor shall monitor the sequencing of moving process and trucks at the loading dock to control congestion or backups.

3.2.12 ACCESS TO FACILITIES

The Contractor shall make arrangements with the State Project Contact for access to any facilities. Contractor's employees shall not admit anyone (except other Contractor employees) to areas involved in the move service.

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3.2.13 STORAGE SERVICES

3.2.13.1 Storage facilities must be well maintained, secure, and be rodent, insect, and pest controlled. Contractor must maintain a bonded warehouse/storage facility and provide, upon request, evidence of bonding for employees and warehouse/storage facilities. Storage facilities must be indoors.

3.2.13.2 Contractor shall provide online inventory system access to the State. Services shall include, but are not limited to: a complete online listing of each Agency's inventory that is contained in each storage unit, including item description and quantity, along with a picture of each individual item or group of like items.

3.2.13.3 Contractor shall replace or reimburse the State, at current market value, for any items in the storage inventory that are lost, stolen, or damaged.

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3.2.14 RESPONSIBILITY OF THE STATE

The State shall assist the Contractor in facilitating the moving services provided in this RFB. Specific responsibilities include but are not limited to the following:

3.2.14.1 The State shall designate a Project Contact(s), and additional staff, to coordinate communication between the State and the Contractor, make periodic inspections, troubleshoot issues, and check property prior to transporting, and shall bring problems to the attention of the Contractor's Project Manager.

3.2.14.2 The State shall determine the sequence that property is moved from location to location and shall provide this information to the Contractor throughout the moving services.

3.2.14.3 State staff shall provide Collection Handling and Care instructions to the Contractor throughout the moving services.

3.2.14.4 The State shall ensure that all elevators are in good working condition and shall arrange for repairs to be made, if required.

3.2.14.5 The State shall provide the Contractor with guidelines for placement of items at the location(s).

4 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder shall not submit its own contract document as a substitute for the State's Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

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4.1 BACKGROUND CHECKS

Due to the nature of this solicitation, the State reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor's ability to meet contractual obligations and requirements.

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4.2 REPORTING

Awarded Contractor(s) shall submit quarterly sales reports, in Microsoft Excel, to the DOA Contract Manager for all contract transactions that took place during the previous quarter.

The Contractor must include the following information in the reports:

State Agency/Institution/Campus Purchases

• State Agency/Institution/Campus name

• Purchase order number/Name

• Account #

• Order date

• Invoice number

• Invoice date

• Service Description

• Hourly breakdown per the following:

• Large-capacity truck (24 feet or more)

• Driver

• Mover

• Installer

• Total Price

Municipality Purchases

• Municipality (School district, county, city, etc.) name

• Service Description

• Total Price

Reports Due April 15 July 15 October 15 January 15

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4.3 LIQUIDATED DAMAGE

The State may suffer damages due to Contractor's lack of performance of certain terms and conditions of the resulting contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non-performance, the State will impose the following liquidated damages for the performance failures listed below.

In the event the Contractor fails to deliver services in accordance with the terms and conditions of the Contract, the State shall have the option to either terminate the Contract or temporarily procure the service from another contractor. If the service is procured from another contractor, the Contractor shall pay to the State any difference between the Bid cost and the cost paid to the other contractor.

Both parties acknowledge it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of this, the Contractor acknowledges for the Contract resulting from this Bid, it shall negotiate liquidated damages, as required by the State, for the Contract. The Contractor agrees the State shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

4.4 TOBACCO-FREE ENVIRONMENT

State facilities are tobacco-free buildings. Contractor personnel shall not use tobacco products on site.

4.5 AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules and policies. A copy of these rules may be obtained by written request to the State's Procurement Manager identified in this RFB.

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4.6 PAYMENT

Payment shall not be made until the service is determined to meet all Specifications, requirements, and deliverables and has been accepted by the State.

4.7 CONTRACT PRICING

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.

4.7.1 INVOICES

Only properly submitted invoices will be officially processed for payment. Invoices must be clear and complete and in conformity with the list below and must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number

• Date of order

• Complete item/service description

• Prices per the contract

4.7.2 DELINQUENT PAYMENT OWED TO STATE

The State shall offset payments made to the Contractor under this Contract in an amount necessary to satisfy a certified or verifiable delinquent payment owed to the State, or to any state or local unit of government. The State also reserves the right to cancel this Contract as provided in Section 4.9, Cancellation and Termination, if the delinquency is not satisfied by the offset or other means during the term of the Contract.

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4.7.3 CREDITS

Within sixty (60) days of the State's request, the Contractor shall pay to the State any credits resulting from an order that the State determines cannot be applied to future invoices.

4.7.4 PAYMENT TERMS

The contract user shall pay the Contractor's properly submitted invoices within thirty

(30) days of receipt provided the deliverables or services to be provided to the State have been delivered, rendered, or installed, and accepted as specified in this RFB. If the State fails to pay a properly submitted invoice within thirty (30) days of receipt, it shall pay a late payment penalty as provided in §§16.528, Wisconsin State Statutes.

However, if the State declares a good faith dispute in regard to an invoice pursuant to §§16.528 (3) (e), Wisconsin State Statutes, it may pay any undisputed portion of said invoice, and will be exempt from the prompt payment requirement for the disputed portion.

4.7.5 SALES TAX

The State is exempt from payment of Wisconsin sales or use tax on all purchases.

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4.8 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued the winning Contractor shall be required to provide copies of applicable insurance certificates. The State will evaluate all insurance certificates for compliance.

Contractor shall maintain the minimum limits listed below for each contract period. All policies shall be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State, with a minimum AM Best rating of A1, and signed by an authorized agent.

Additional Insured: Contractor shall add the "State of Wisconsin, its officers, employees and agents" as an additional insured under the commercial general and Contractor's pollution liability policies

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The Certificates of Insurance shall be provided to the DOA Purchasing Agent at:

Department of Administration Division of Enterprise Operations, State Bureau of Procurement Kristina Harris, Procurement Specialist PO Box 7867 Madison, WI 53707-7867

The policies and/or certificates shall be submitted to the State upon request, for annual review, and/or when insurance coverage(s) or providers are changed. In the event the Contractor's required insurance policies in effect during this Contract are modified or cancelled, Contractor shall immediately provide notice to the State.

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4.9 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar days' written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract. The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar days' written notice of the State's right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days' written notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days' written notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty (30) calendar days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

• Fails to perform any material obligation required under the Contract

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

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• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of §§77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

• Fails to maintain the confidentiality of the State's information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

• Performs in a way that threatens the health or safety of a State employee or State customer.

4.9.1 NON-APPROPRIATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Legislature fails to appropriate funds necessary to complete the Contract.

4.9.2 TERMINATION OF PURCHASE ORDER

The State may terminate a specific Purchase Order issued under this Contract if it determines that the Contractor is unable to render the services or provide the deliverables required in a timely manner, in order to meet the business needs of the State.

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4.9.3 FORCE MAJEURE

Neither party shall be in default by reason of any failure in performance of this Contract in accordance with reasonable control and without fault or negligence on their part.

Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

4.9.4 SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Contract shall remain valid and in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest in intent to the invalid provision.

4.9.5 BREACH NOT WAIVER

A failure to exercise any right, or a delay in exercising any right, power, or remedy hereunder on the part of either party shall not operate as a waiver thereof. Any express waiver shall be in writing and shall not affect any event or default other than the event or default specified in such waiver. A waiver of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The making of any payment to the Contractor under this Contract shall not constitute a waiver of default, evidence of proper Contractor performance, or acceptance of any defective item or work furnished by the Contractor.

4.9.6 NON-RENEWAL

After the initial contract period has expired, either party has the right to non-renewal of the contract. Additionally, if individual Contractors are not being utilized by the State, the State has the right to non-renewal of the contract.

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4.10 CONTRACTOR INDEMNIFICATION

Contractor shall hold the State harmless and shall defend and indemnify the State, its Agencies, officers, and employees against any and all claims, suits, actions, liabilities, and costs of any kind, including attorney's fees, for personal injury or damage to property arising from the acts or omissions of the Contractor, its agents, officers, employees, or Subcontractors.

4.10.1 STATE INDEMNIFICATION

In the event of a breach of this Section by Contractor, Contractor shall indemnify, defend, and hold harmless the State of Wisconsin and any of its officers, employees, or agents from any claims arising from the acts or omissions of the Contractor, and its Subcontractors, employees, and agents, including, but not limited to, disallowances or penalties from federal oversight agencies, and any court costs,…