Executed Baking Products P23-017-O27 (2023-MILALL-00100-RFB).pdf

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Contract # P23-017-027

(2023-MILALL-00100-RFB)

Bakery Products: Icing, Paste Fillings (Not for Resale) Piggybackable

Issuing Agency: This contract is entered by and between The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee and Contractor

Contractor:

Bakemark N92W14401 Anthony Avenue Menomonee Falls, WI 53051

Account Representative:

Nicholas Steffen 262-290-8199 Nicholas.steffen@bakemark.com

Contract Administrators (Day to Day Operations):

Shimleng Lo, 414-229-6528, shimleng@uwm.edu

Contract Manager:

Pam Loignon, (414) 229-5212, loignon@uwm.edu

1. General Description: Supply and deliver a variety of bakery items such as bulk chocolate chips, icings, pastes, sprinkles, and wafers. The items sought will be ordered on an as needed basis to be used for the production of baked goods. The products are not for resale. This contract must be made available to all UWM departments. s).

This contract will mainly be used by Retail Operations but must be made available to all UWM departments which may include our outlying campus locations in Waukesha and Washington County. This contract will be used on an as needed basis and must not be construed as a mandatory contract for UWM. There is no guarantee of any purchases.

2. Multiple Awards/Ordering Decisions: UWM departments will be allowed to compare the various vendors on the contract list for pricing, and purchase from the contractor that best meets their needs.

UWM reserves the right to issue new separate bids to add additional contractors when deemed in the best interest of UWM.

3. Contract Length The contract will be for a one (1) year period upon contract award, January 27, 2023, with the option for four (4) one (1) year renewals that shall be automatically renewed unless either party notifies the other within ninety (90) days of renewal period of intention not to renew. The final expiration date of the contract is Terms and conditions of the bid shall remain the same for the initial term of the contract and all renewals.

4. Types of Orders: Under this contract, Specific orders, Contract blanket orders, or Purchasing Card orders may be used. All orders placed by UWM shall be bound by the terms, conditions, and pricing of awarded contract whether the department refers to the contract or not.

5. Pricing and Payment Acceptance: Contractor does not accept charge cards. Contractor accepts purchase orders with payment terms of net 30. For specific pricing and further information please see Exhibit B.

6. Pricing and Escalation: Prices must remain firm for thirty (30) following the bid award. Should prices change during the contract term; it is the responsibility of the Contractor to have their pricing up to date and transparent at or before the time an order is placed by the department. All order confirmations or quotations at the time of order shall match the invoice pricing.

7.

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

DocuSign Envelope ID: 32E44F2E-8B3A-4D62-9F32-0D44A37CDE85 mailto:Nicholas.steffen@bakemark.com mailto:shimleng@uwm.edu mailto:loignon@uwm.edu

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8. Product & Packaging Requirements: Products delivered to UWM must be guaranteed to comply with all Federal Pure Food Laws and Regulations, and Wisconsin State laws. Products must be made, stored, and rotated to best industry standards and practices to ensure quality and freshness of products.

Packaging shall be in accordance with the best commercial practices to ensure sanitation, prevention of damage to products and optimal shelf life. All containers shall meet the requirements of the applicable U.S. Standard for Conditions of Food Containers. Individual and shipping containers shall be new, clean, and unbroken.

9. Ordering: Orders will be placed via telephone, email, or online on an as needed basis Monday through Friday.

Order minimums shall not exceed $1000.00. The order minimum is $750.00.

10. Product Substitutions / Out of Stocks: Contractor must notify UWM of out of stock and discontinued products as soon as possible after receipt of the order, but no later than two business days. Product substitutions are not allowed without verbal or written approval from UWM prior to delivery.

Contractor must maintain their product assortment at sufficient inventory levels. “Out of stocks” must not exceed more than 5% of the total product line on a rotating continuous basis.

11. Delivery F.O.B. Destination Prepaid and Allowed: Bid prices shall include product and transportation to the dock.

Contractor insures risk of loss to UWM receipt and pays freight. Tailgate deliveries are not allowed.

12. Delivery Timing and Information: Product shall be delivered within (3) business days upon orders placed on or before 11:00AM CST. Orders placed after 11:00AM CST will be considered the next day. Contractor’s carrier is responsible for unloading shipments onto the dock. Deliveries will be accepted Monday through Friday, between the hours of 7:00 AM and 2:00 PM, to the following locations, all in Milwaukee, WI 53211.

UWM Restaurant Operations:

Union dock: 2200 East Kenwood Boulevard Sandburg Dock: 3400 North Maryland Avenue Cambridge: 2323 N. Cambridge Avenue

UWM reserves the right to add and delete delivery locations to this contract.

13. Delivery Conditions: Deliveries are to be made in clean, enclosed, and as necessary temperature-controlled trucks, free of foul odors. All products shall be maintained at their proper temperature throughout their staging, loading, transport, and delivery.

14. Returns: Provision shall be made for full credit or even product exchange for product rendered unusable due to damage upon receipt, faulty product or packaging, short date coding, or expired product. UWM will notify Bidder within twenty-four (24) business hours of receipt of said product.

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

15. Additional Items: UWM reserves the right to purchase all items in the Bid Response as well as the Bidder’s full product line to include all other related products. Like items in the Bidder’s product line shall be sold to UWM at the same contract prices as like items. In instances where there is no “like” product, or where cost to the Contractor is unique, pricing on these special ordered items must be forwarded by the Contractor to the UW- Milwaukee Purchasing Office, Pam Loignon, 414 229 5212, loignon@uwm.edu, and prior written approval on pricing must be obtained before delivery. UWM will not be liable for items that are not in the Contract and that have met the terms as set forth.

16. Insurance: The Contractor shall maintain Standard Insurance levels as required here:http://uwm.edu/risk-management/insurance/certificates-of-insurance/. A certificate of insurance must be provided upon award and provided 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 and automobile liability policies.” The

DocuSign Envelope ID: 32E44F2E-8B3A-4D62-9F32-0D44A37CDE85 mailto:loignon@uwm.edu http://uwm.edu/risk-management/insurance/certificates-of-insurance/ http://uwm.edu/risk-management/insurance/certificates-of-insurance/

Page | 3 certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

17. Additional Contractors: Due to new product developments and changing customer needs, UWM reserves the right to issue new separate bids to add additional contractors when deemed in the best interest of UWM.

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

19. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The UWM Contract, the RFB including any amendments, Supplier’s response with attachments including any written communications incorporated into the contract, and the purchase order, constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as listed.

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For the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Pamela Loignon Printed Name

Signature

Dated:

For the Contractor

Signature

Printed Name

Dated:

1/27/2023 | 9:49 AM CST

Eric Bush

Previous Fiscal

Year's

Purchases

(Cases)

Brand Item Each Case

Contains

Brand if bidding alternate product Description of Product (if bidding alternate) Size (if bidding alternate) Price per Case Extended Price Minimum order (if not case)

32 SPRINKLE KING Sprinkles Assorted Colors 6lbs

Sprinkelina Assorted Sprinkles 18.80$ 601.60$

18 WESTCO Bavarian Cream Filling 12/2lbs

50.69$ 912.42$

17 CACOA BARRY Cocoa Extract Brute Dutched 2.2lbs

126.75$ 2,154.75$

13 CLASEN Milk Chocolate Wafer Majestic 25lbs

VanLeer chocolate coating snap milk 99.05$ 1,287.65$

10 WESTCO Apple Turnover Filling 12/2lbs

88.91$ 889.10$

9 KERRY Sanding Sugar Yellow 8lbs

20.49$ 184.41$

6 BAKESENSE Bag Pastry 21" Disposable 100CT

28.32$ 169.92$

PATERSON PACIFIC

PARCHMENT

Baking Cup 2 x 4.5 x 1.25

(Item #4200412)

1000 CT

8.98$ 368.18$

PATERSON PACIFIC

PARCHMENT

Baking Cup 2.25 x 6 x 1‐7/8

(Item #4214600)

1000 CT

12.44$ 435.40$

7,003.43$

321 Multifoods CSM Muffin PD Blueberry (78678) 96 ct/ 4.5 oz

101.45$ 32,565.45$

127 Multifoods CSM Muffin PD Chocolate Chip (78640) 96 ct/ 4.5 oz

103.22$ 13,108.94$

52,677.82$ a

Exhibit B Cost Sheet

Extended Total

Optional Items

Extended Total of Mandatory Products