Executred Adams Elevator Parts Contract-1.pdf

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Contract P23-004-O26 Elevator Parts

(Piggybackable to UW System, State Agencies, and Municipalities)

Contract Administrator: Joel Bushman, 414-229- 6587, bushmajh@uwm.edu

Contractor:

Adams Elevator Equipment Company 1530 Timberwolf Drive Holland OH 43528 800-929-9247 Adams_parts.us@adamselevator.com

Account Manager: Molly Cruz, 773-520-0071, Molly.cruz@adamselevator.com

Orders and Billing: Susie Zehner, 800-929-9247, Adams_parts.us@adamselevator.com

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

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 Issuing and Supplier set forth above.

1. General Description: Supply and deliver a variety of Elevator Parts for use in the repair of elevators on campus.

This contract will mainly be used by our Housing UWM Facilities and Maintenance Department 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. Types of Orders: Under this contract, Specific orders, and Contract blanket orders, may be issued to the Contractor. Ordering may also take place with a University-issued Purchasing Card. All orders placed by UWM shall be bound by the terms, conditions, and pricing of the awarded contract whether the department refers to the contract or not.

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

4. Multiple Awards/Ordering Decisions: Due to the variety of products needed, availability, and pricing, it is anticipated that awards will be made to multiple responsible contactors, which will be aggregated onto a contract list. 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.

5. Contract Length The contract will be for a one (1) year period beginning at the contract execution date, with the option for three (3) 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. Terms and conditions of the contract shall remain the same for the initial term of the contract and all renewals.

6. Customer Service: Must have covered telephone service from 9:00 AM to 4:00 PM, CST/CDT Monday through Friday.

7. Pricing: Contractor accepts charge cards at no additional charge. Contractor accepts purchase orders with payment terms of net 30.

mailto:bushmajh@uwm.edu mailto:Adams_parts.us@adamselevator.com mailto:Molly.cruz@adamselevator.com mailto:Adams_parts.us@adamselevator.com mailto:loignon@uwm.edu

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8. Firm Prices: The minimum discount % may go higher but not lower throughout the term of the contract including all renewals. Invoice prices shall reflect the current pricing source less discount at the time of order placement and must match the order confirmation or acknowledgment.

Contractor agrees to extend this pricing to any UWM department whether the department refers to the contract or not.

9. Ordering/Pricing: The order minimum is $35.00.

a. Should prices change during the contract term; it is the responsibility of the Contractor to have their pricing (price list, website etc.), up to date before an order is placed by the department.

b. Invoices must match the quotations, order confirmations, or pricing (online or otherwise) at the time of order.

c. Contractor has the capability of putting UWM’s discounted pricing online with a UWM unique logon.

Contractor’s ordering system allows for payment with major credit cards and a means for tracking orders.

2. Ordering / Back Orders: Orders will be placed as needed. Supplier is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within two (2) working days of receipt of order or release against existing order(s). Product substitutions are not allowed without verbal or written approval from UWM prior to delivery.

3. Delivery FOB Destination: All deliveries shall be FOB Destination. Risk of loss shall be borne by the Contractor through delivery. Delivery will be made by a common carrier or Contractor’s truck and shall be responsible for unloading product onto the dock or into the store. Tailgate deliveries are not acceptable.

The seller selects the carrier and bears and pays the freight charges but may use the cost of freight (if billed by a third party) to charge UWM.

4. Delivery Timeframe: Delivery is desired as soon as possible after receipt of an order. Deliveries are to be made, Monday through Friday between the hours of 7:00AM-3:30PM to:

UW Milwaukee Sandburg Hall 3400 N Maryland Ave Milwaukee WI 53211

UWM reserves the right to add additional delivery locations to this contract. Delivered products must be for contracted items only.

5. Item Return Policy: Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with UWM paying only the return shipping costs as long as product is returned unopened and in resalable condition.

6. Warranty: Contractor must honor, at a minimum, a one (1) year warranty for material defects on parts after receipt of shipment, unless specified by the contractor if used for the purpose for which they were manufactured and sold.

The warranty term in DOA 3054 is null and void.

7. Shipments, Duplicates and Over shipments: 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, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

8. Subcontracting: Subcontracting is not allowed.

9. Additional Products: UWM reserves the right to purchase any additional related products from the Contractor.

Items and pricing (including discounts) must be consistent with the current contract items/services. The contractor shall provide like items on the same pricing basis (such as discount from price list). In instances where the pricing discounts do not apply (such as a new category) or where cost to the Contractor is unique, pricing must be forwarded to the UW-Milwaukee Purchasing Office, Pam Loignon, loignon@uwm.edu for written approval. Prior mailto:loignon@uwm.edu

Page | 3 written approval must be obtained before delivery. Any items that are not in the Contract and that have not met the criteria set forth will be disallowed.

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

11. Invoicing Requirements:

Invoices for Purchase Orders:

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.

UWM 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, complete, and itemized.

The original invoice must be emailed to ap-invoices@uwm.edu or mailed to UWM Accounts Payable, Engelmann Hall 230, 2033 East Hartford Avenue, Milwaukee, WI 53211, unless the customer identifies and establishes a different bill-to location.

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

13. 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.

UWM 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. UWM reserves the right to inspect any facilities used to support this Contract.

14. 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.

15. 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

16. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The contract, RFB, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as follows: the contract, the bid document, the response to the bid, and the UWM purchase order if one is issued.

http://uwm.edu/risk-management/insurance/certificates-of-insurance/ http://uwm.edu/risk-management/insurance/certificates-of-insurance/ mailto:ap-invoices@uwm.edu

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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: 6/15/2022

For the Contractor

Signature

Printed Name

Dated:

Gerald B. Adams

6/20/2022 t f ~