metal hauling.docx

State of Wisconsin – UW-Milwaukee Wis. Statutes s.16.75

DOA-3070 (R08/2003) UWM-3070 (R10-13)

Name(contact for further information): Donna Lumsden

Email: uwmbids@uwm.edu

See section 3.4 for rules regarding communications during a Bid.

Deadline for Questions: 10/3/2019 @ 2 p.m. CDT

Due Date: 10/14/19 @ 2 p.m. CDT

Available submission methods:

|_| Physical Receipt by Purchasing Office (See Section 3.5.1. for instructions) |_| Email (See Section 3.5.2 for instructions)

The undersigned has legal authority to bind the Bidder to this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.

The undersigned claims minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson Street, 6th Floor, Madison, WI 53707 (608) 267-7806.

|_|Yes |_|No

The undersigned bidder is a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

|_|Yes |_|No

Wis. Stats. s. 16.754 directs the State to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our Bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

|_|Yes |_|No |_|Unknown

By signing this, the undersigned also certifies that neither bidder nor any person or entity associated with the bidder has, either directly or indirectly, entered into any agreement 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 above statements are accurate under penalty of perjury; that false, misleading or missing information may disqualify the bid; and that neither the bidder 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 (see www.sam.gov and https://acquisition.gov/far/current/html/Subpart%209_4.html).

|_|Yes |_|No

The undersigned and the respondent will comply with all terms, conditions and specifications set forth in this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the quote/Bid being considered non-responsive and ineligible for award.

Bidder’s email:

City, State, Zip Code of Bidder:

Signature of authorized Bidder representative Federal Employer Identification No (or social security if sole proprietor) (voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities

1.0 GENERAL INFORMATION

1.1 ISSUING AGENT: University of Wisconsin-Milwaukee issues this Bid on behalf of the Board of Regents of the University of Wisconsin System as an agency of the State of Wisconsin. The University of Wisconsin--Milwaukee is hereafter referred to as “UWM”.

1.2 DEFINITIONS:

1.2.1 “Bidder” means a firm submitting a Bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor.”

1.2.2 “Contract” means the document(s) constituting the agreement resulting from this Bid award.

1.2.3 “Bid Cover Sheet” means the first page of this Bid.

1.2.4 “State” means State of Wisconsin. UWM is an agency of the State and any legal obligations that run to the benefit of the State apply equally to UWM.

1.2.5 “RFB” or “Bid” means this Request for Bid.

1.2.6 “Successful Bidder” means the Bidder to whom this Bid is awarded. May be referred to as “Contractor”, “Vendor” or “Supplier” or “Contractor.”

1.2.7 Containers means metal dumpsters and roll-offs, etc. to hold scrap metal items.

1.2.8 Contract Administrator means the UW-Milwaukee individual responsible for the administration and coordination of this contract. For purposes of a contract resulting from this Request for Bid, the Contract Administrator is Andrew Avery-Johnson.

1.2.9 American Metal Market Journal means the daily newspaper of the metals industry, covering news and pricing information for corporate, purchasing and manufacturing management. Metal categories and types referred to in herein correspond directly to those given in the American Metal Market Journal.

1.3 GENERAL DESCRIPTION/PURPOSE OF THE REQUEST FOR BID: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a Bid for Scrap Metal Recycling Services. The items sought pursuant to the Bid will be used for entering into a contract for these services.

2.0 SPECIFICATIONS

MANDATORY TECHNICAL REQUIREMENTS.

2.1 Waste Types to be Recycled:

Sheet Iron (steel dumpster) Copper Brass Aluminum Stainless Steel Insulated Wire Types 1, 2, 3 (separate streams) Clean Lead Lead Acid Batteries Transformers Motors Electronic Light Ballasts Standard Light Ballasts Refrigerant containing equipment – Contractor must be DNR certified

2.2 Bidder Information: Bidder must currently be in the business of recycling scrap metals. Provide on company letterhead, a description of your operating plan for the removal and recycling of scrap metal. Include the equipment your company will use including trucks, trailers, and dumpsters.

The University desires to recycle its scrap metal in a way that provides for timely and efficient pickups as well as the opportunity to reduce the environmental impact of transporting its recycled materials. Where indicated on Exhibit A, include the distance from your location to UWM, the recycling location(s) you would be using, and the distance from UWM to the recycling location(s). Contractor must provide notice of any item listed in Section 2.1 which would need to be taken to a landfill.

Contractor shall occupy and use the premises of the University only for product recycling operations and at the discretion of the Contract Administrator. For those areas identified by the Customer for Contractor use, they will be kept clean “swept” by the Contractor.

The University reserves the right to inspect vendor's facilities and other service operations prior to bid award. If awarded, UWM also reserves the right to inspect those facilities within 48-hour notice. UWM staff must be allowed to witness the recycling and/or disposal of materials, if desired, on a limited basis.

2.3 CONTRACT TERM: The term of this contract shall be three years from date of award, with an option to renew for two additional one-year periods with mutual consent.

2.4 PICK-UP SITES:

UWM off-campus sites may be added, during the contract period. Those may include, but are not limited to, the School of Freshwater Sciences, 600 E. Greenfield Avenue, Milwaukee 53204, the UWM School of Continuing Education, 161 W. Wisconsin Avenue, Suite 600, Milwaukee 53203, UWM at Washington County, 400 University Drive, West Bend, WI 53095 and UWM at Waukesha County, 1500 N. University Dr., Waukesha, WI 53188. Any additional users shall be identified and approved by the Contract Administrator before services are provided by Contractor under this contract.

2.5 SITE INSPECTION: Bidders are required to participate in a mandatory site inspection prior to submitting bid to determine all requirements associated with the contract. Bidders should return the signed “Certificate of Site Inspection Form”, supplied by UWM at the time of the site inspection, with their RFB response. Failure to attend the site inspection, will cause any RFB response submitted by the Bidder to be rejected. Failure to adequately inspect, shall not relieve the bidder from the necessity of furnishing without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.

A Site Inspection will be held on October 1, 2019, at 10:00 AM , at the USRB Building located at 115 E. Reindl Way, Milwaukee, WI 53212. Meet in the front lobby.

UWM will make reasonable efforts to accommodate Bidders on an alternate date and time, if possible, but there is no guarantee.

For questions on meeting or site inspection, prospective Bidders are to Contact:

Andrew Avery-Johnson at (414) 313-4494; E-mail: uwmsrpls@uwm.edu

2.5 CAMPUS CONTACTS

UWM Solid Waste and Recycling Coordinator Contact: Andrew Avery-Johnson, 414-313-4494, uwmsrpus@uwm.edu Andrew shall be the representative of the University responsible for administration of the contract and referred to herein as "the Contract Administrator”.

UWM Student Union- On Demand Pick-Ups Contact: Chelsea Pedler, 414-229-6062, crpedler@uwm.edu

The UWM Union is to be handled with a separate bill of lading and payment process with a copy to Laura Stevens, steven73@uwm.edu. Pickups at this site will be scheduled when needed. See Section 2.11 for information on where to send this.

2.5 DELIVERY AND INSTALLATION: All delivery and installation of containers, and on-going services for such, are to be included in the cost provided in the Cost Proposal Exhibit A, for the entire length of the contract. The Contractor shall bear the full responsibility for all risk of loss from equipment damage, and money or product lost resulting from vandalism or theft for all Contractor-owned equipment. Contractor shall not penalize UWM for any such losses that the Contractor incurs. UWM shall inform the Contractor immediately becoming aware of pilferage or destruction of any equipment. UWM shall bear the risk of loss to its own equipment resulting from vandalism or theft other than that caused by the Contractor or its’ employees.

2.6 EQUIPMENT REQUIREMENTS: (For all locations unless otherwise identified): Contractor must supply containers per the terms and conditions as shown in Section 2.5 “Delivery and Installation”, to be placed on the UWM campus by agreed upon contract start date. All supplier provided equipment does not have to, be new, but must be in good condition, vermin, fly and rodent proof, and of most recent design of proven efficiency. All equipment may be inspected by UWM prior to final installation to determine acceptability. UWM will be the sole judge of acceptability for use on the contract. Contractor is responsible for any repairs, which may need to be made t the containers, or replacement of any containers, which are not functioning properly or become unsightly in appearance UWM will be the final judge as to what is an unsightly container.

All containers shall at a minimum be placed so as not to jeopardize the health or safety of any person employed by the University or lawfully on University premises; and such containers shall be in accordance with the requirements of this RFB. All containers used to collect, store, or transport scrap metal from campus, (e.g. trucks, trailers, containers, dumpsters, etc.), shall provide for public, employee, and general safety, and present an aesthetic appearance subject to the sole judgment of the University. Where appropriate, containers shall be painted, lockable, labeled, or otherwise brought into conformity with University requirements. Any containers which the University deems not qualifying shall be replaced within 5 working days.

The University and the Contractor shall mutually determine installation location of the required containers at new sites. The Contractor shall assume sole expense and risk to place, install and maintain all provided scrap metal collection containers. Contractor shall clean and service the provided containers. All installation and alterations to the existing space and facilities shall have prior approval of the University’s Contract Administrator, who will consult the University personnel in charge at each site where modification is proposed.

During the Contract, the number of required containers shall be examined by the Contract Administrator and Contractor with the objective of providing the best possible service to eligible users.

Contractor must be able to provide, upon request, gaylords and 55-gallon drums.

A scale must be located on Contractor premises, or accessible at an alternate location for timely use by the Contractor when needed and must be under State of Wisconsin certification to ensure accurate gross and tare measurements. The scale must be able to accommodate large vehicles, such as multiple-axle dump-trucks fully loaded. The scale must have a means for generating certified weight slips for each weighing transaction.

2.7 SERVICE LEVELS: The Contractor shall furnish all supplies, equipment, management, and labor necessary for the efficient operation of collection services of scrap metal included in this Contract.

The Contractor shall provide scrap metal collection containers at sites specified in this RFB in sizes appropriate to each site; and shall provide them temporarily at additional sites as requested by the University; and shall transport scrap metal generated by the University. The Contractor shall provide new containers and pick up full containers within 24 hours of being contacted by the authorized site representatives.

On demand dumpster pickups are sometimes required at the main UWM Kenwood campus or other off-site campus locations. This usually occurs when a renovation project is under way and the waste consists of at least a 30-yd dumpster of scrap metal. Services shall be available to the specified on-site campus locations. Any additional users shall be identified to and approved by the Contract Administrator before services are provided by Contractor under this contract. Same response time as shown in the paragraph above.

Container deliveries and pick-ups will be on demand, except for at the USRB where a permanent 30 YD dumpster is to be placed for sheet metal. Typically, there are 2 – 5 pick-ups per month of steel; Semi or box truck pick-ups occur 3 – 4 times per year. The University does not guarantee any specific quantities.

The Contractor must provide an email acknowledgement to the Contract Administrator when a pick-up occurs. UWM will provide the scrap in clean streams by product type. Assistance of the Contractor in sorting streams will be required.

The University Services & Research Building (USRB) is the location where most of the recycling is accomplished. These pickups typically consist of scrap metal parts, metal furniture, motors and metal equipment. Specialty, single-source metals are segregated from general scrap (e.g., copper, aluminum). One permanent 30 YD dumpster for sheet iron must be placed at the USRB site. Any other dumpsters would be delivered and picked-up on demand.

Contractor to provide on-call services between 8:00 AM and 4:30 PM for service of the sheet iron 30YD open top. Contractor must provide UWM contact with a scheduled date and time window for service within 24 hours of request for service. Pick-up of 30 YD open top container must be completed by date and time for Contractor notification of pick-up which must be within 24 business hours of request.

For the Student Union, dumpster delivery is to be made within 48 hours of request, and no later than 7:00 AM, of the required delivery date. Pick-up can be made after 12:00 noon of the same day as delivery, but no later than 3:00 PM.

Each building where pickup is requested, without use of a dumpster or other container provided by vendor, will have a dock available for pick up. The UWM Student Union is one of these buildings. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed. All onsite vendor vehicles must be clearly labeled with the vendor’s correct business logo and contact information.

In the unlikely event that the University has a need to deliver University scrap metal to Contractor’s facility, Contractor shall be required to accept such delivery. A numbered weight slip must be given to University driver at time of delivery. The weight slip should include: date, weight of material, University truck number, and metal type. The Contractor shall not issue checks to any University personnel at the time of delivery. One payment shall be made to the University with a monthly statement. The University's responsibility for materials ends when the materials are delivered to the Contractor's site and a receipt is issued.

The successful vendor is responsible for obtaining all required permits (including parking) and licenses and bonds to comply with state regulations and county, state and federal laws. Successful vendor shall assume liability for all applicable taxes including but not restricted to sales, income and property taxes.

Additional services related to this contract may be added via an amendment to this contract issued by the Purchasing Department.

If access to a pick-up location is blocked, the Contractor’s driver is required to call the contact that was provided for that location and, at a minimum, leave a voicemail message and wait for at least five (5) minutes for the problem to be resolved, before leaving the site. Failure to do this will be considered a missed pick-up.

2.8 MISSED SERVICE: Contractor must return to UWM to service missed or under pick-ups, which are pick-ups that were not complete at a specific location, within 24 hours of notification from UWM point of contact via e-mail and/or call.

2.9 PERSONNEL, EMPLOYMENT AND STAFFING - Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following administrative functions:

A Contract Administrator; to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract, who can consult with the UW Customers on current and future recycling efforts and programs, Contractors shall have in their employ, sufficiently qualified and competent personnel to perform work promptly, and in accordance with Contract requirements.

The Contractor, its officers, agents and employees, in the performance of this Contract shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the University. Contractor agrees that it shall take such steps as may be necessary to ensure that each subcontractor or contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venture or partner of the University.

Contractor shall be responsible for personnel relations of the employees on its payroll. Contractor shall comply with all applicable government regulations related to employment, compensation and payment of personnel.

Contractor’s personnel shall observe all regulations of the University. Failure to do so may be grounds for reassignment of the Contractors staff.

2.10 ACCOUNTING: The contractor shall maintain complete and accurate records of scrap metal recycling transactions in accordance with accepted industry accounting practices and the records shall be kept in a safe place. These records will include financial records and statements pertaining to the Contract for a period of five years from the close of each year's operation. The Contractor shall make available such records for inspection by the University upon request.

All losses incurred by the Contractor in the process of scrap metal recycling due to theft, fire, accident, protest and so on shall be the responsibility of the contractor. Any profit or loss from the operation of scrap metal recycling process shall be the Contractor's.

2.11 PAYMENTS/REPORTING AND AUDIT: The Contractor shall pay the University on a monthly basis, by the 20th of the following month for any product which has been picked-up in the previous month. Separate checks must be issued payable to the University of Wisconsin-Milwaukee Student Union and a separate check payable to the University of Wisconsin-Milwaukee which is inclusive of all other locations. Checks are to be sent to Kate Nelson, UWM Office of Sustainability PO Box 413, Milwaukee, WI 53201.

Each payment must be accompanied with a statement providing a detail of all service, including:

Pick-up date

Weight and type of material picked -up by location, separated by line item, including copies of pick-up receipts from each recycling center used

Revenue, received by the Contractor, per pound and type of material, including copies of payment receipts, separated by lien item, from recycling centers to the Contractor

Hauling Pick-up Charges – fixed cost

Net Revenue Payment to UWM

Payments not received by the University on the 20th day following the previous month's service shall be paid by the Contractor plus an interest penalty on the payments due, at 5% of the revenue value for that particular month’s payment.

Repeated late payments and transaction documentation may subject the Contract to cancellation.

On request of the University the contractor shall meet with the University and review monthly statements, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Monthly statement adjustments identified by either the Contractor or UWM, shall be made to the UWM account in a timely manner, as agreed upon between the Contractor and UWM.

All records relating to the Contract shall be open for inspection and/or audit by the State and/or UWM at any or all reasonable times.

ning.

H. FIR 2.12 FIRM PRICES:

The net revenue formula to UWM, following the documentation requested in Exhibit A, is to be firm for the life of the contract. The net revenue is to include the dollar value paid to the Contractor by each recycling center, the revenue percentage (fixed for the life of the contract) for each product, which will be shared with UWM, and the charge for hauling the waste (fixed for the entire first year of the contract). After the initial one-year period, the Contractor MAY request a change in the hauling cost piece of the revenue formula per the terms and conditions of Section 4.4 of this RFB. Any changes agreed to between the Contractor and UWM Hauling Charges applied to the revenue reconciliation are to be firm for the first year of the Contract, will be codified in an amendment to the Contract. All contract amendments shall be issued by UWM Purchasing.

2.13 CONTRACT CANCELLATION: This Contract may be terminated by either party for the following conditions:

2.13.1. After the initial term of the Contract, the University 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 Contractor is liable only for payments for items/services provided or performed up to the date of the termination.

2.13.2 Should either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing by mail of such failure and demand that the same be remedied within 10 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as, but not limited to: failure to provide weight tickets as required, inaccurate reporting of weights, short paying for counts or weights of products recycled, overcharging for items requiring University payments to Contractor, failure to keep up to service requests, failure to provide service in agreed upon time frames, failure to provide payments on a timely basis, or failure to meet any of the Terms, Conditions, Specifications or Special Conditions of this RFB.

2.13.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Section L, below, of this RFB, the University has the right to cancel and terminate the Contract without notice.

2.13.5. If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 10 calendar day notice in writing of such termination.

2.13.6. All notices of performance failure must be submitted in writing to Purchasing Office, University of Wisconsin – Milwaukee, P.O. Box 777, Milwaukee, WI 53201-0777. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

2.13.7 UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. UWM shall give notice, in writing, of such termination at least 10 days before the effective date of termination. Each party will assist the other party in the orderly termination of this contract and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

2.13.8 Removal of Equipment Upon Termination of Contract:

Upon termination or expiration of this Contract, Contractor shall vacate and return the premises to the University in the same condition as at the time the Contractor entered the premises, reasonable use and wear excepted. Contractor’s equipment not removed from the University locations within 10 days after written notice of termination to the Contractor may be removed and placed in storage by the University. Contractor shall assume all costs of removal, storage and product and revenue loss.

To ensure the continuation of collection services, the Contractor shall honor the University’s request to extend the Contract to allow for delivery and installation of new equipment for start of the new Contract.

2.14 MINIMUM YEARS IN BUSINESS: Bidder or its principals must currently be in the business of providing requested services and item must have been in this line of business for the past three (3) years.

3.0 BID PROCEDURES AND INSTRUCTIONS:

3.1 METHOD OF BID: Bidder must submit a completed Exhibit A showing all information as requested. Bidder should provide values per pound with pricing documentation, obtained from the recycling center(s) where product, under a resulting Contract would be taken. Pricing documentation must be dated by the recycling center(s) no more than one week from the bid due date of the request for bid. Prices listed must be in US dollars unless otherwise indicated.

METHOD OF AWARD: The award will be based upon the highest revenue total using the information provided in Exhibit A, provided by a responsive, responsive bidder, and a predetermined formula, which is judged to be in the best interests of UWM. The formula may be disclosed, after the due date of the request for bid.

UWM may make awards to certified Minority Business Enterprise, or Disabled Veteran-Owned Business firms submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low bid. 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.

3.2 BID RESPONSIVENESS: Bids may be evaluated by the Purchasing Agent and program manager to verify that they meet all specified requirements in this RFB and that they comply with all instructions of this Bid.

The verification process may include requesting reports on the Bidder’s financial stability, requiring verbal presentations or product demonstrations at UWM or vendor’s location, and/or reviewing results of past awards to the vendor by the State of Wisconsin or any of its agencies. Failure of a Bidder to comply with verification requests may result in rejection of the bid. The verification process cannot be used as an opportunity to alter bids submitted. UWM shall be the sole judge of the results of the verification process.

All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet a mandatory requirement shall result in the Bid being deemed non-responsive. Bidders are encouraged to ask questions to resolve any ambiguities in Bid specifications (specs that are written too restrictively, are internally inconsistent, etc.). Bidders are also encouraged to submit responses even if all mandatory requirements are not met because Purchasing reserves the right to delete specifications, conditions of Bid or items not Bid if no Bidder is able to comply with the requirement.

UWM reserves the right to (1) reject all Bid responses and make no award; (2) waive irregularities or technicalities in Bid responses; (3) request clarifying information from Bidders; (4) make a partial award; and (5) accept or reject all or part of any Bid response submitted.

3.3 COMMUNICATION/QUESTIONS: From the date of release of this RFB until Bid award, the only permissible communication regarding this Bid is in writing to uwmbids@uwm.edu, unless otherwise indicated by the Purchasing Office. Violation of this condition may be considered sufficient cause for Bid rejection. The subject line of the email must be labeled “Bid Number (found on the Bid Cover Sheet)- Question”

It is incumbent upon bidders to point out any possible discrepancies, omissions or ambiguities using the process outlined above to submit questions. This includes alerting UWM to any non-standard specifications. By failing to do so, bidders waive the right to claim any provision of this Bid is ambiguous. Any clarifying addendum will be posted as set forth herein.

The deadline for any questions concerning this RFB is as set forth on the cover sheet of this Bid. Any questions received after that time may not result in an addendum answering the question.

3.4 BID SUBMISSION: The method of submission shall be as set forth on the Bid Cover Sheet: By physical delivery to the Purchasing Office; by email or by fax. Details with respect to each method of submission are provided below. All bids must be signed on the Bidder Signature block or they shall be deemed non-responsive and be rejected.

Bid openings are public unless otherwise specified. The names of the bidders may be read aloud at Bid opening. Records will be available for public inspection after award of the contract. Bidder should contact the Purchasing Agent named on the Bid Cover Sheet for an appointment to view the Bid record.

3.4.1 Delivery to Purchasing Office

If Bidder is submitting a Bid by delivery to the Purchasing Office, Bidder shall submit one (1) original Bid with a wet signature in a packaged, sealed envelope plainly marked on the outside with the following information: Bidder’s name, bidder’s address, Bid number, and the due date of the bid. Any Bid which is inadvertently opened, due to inaccurate or unclear markings, is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids.

The address of the Purchasing Office is as set forth below:

Engelmann Hall Room 220 2033 E. Hartford Ave Milwaukee, WI 53211

Bids shall be deemed accepted when physically received in the UWM Purchasing Office as evidenced by a time stamp by the UWM Purchasing Office. Receipt of a Bid by the mail system or by another office shall not constitute receipt of a Bid by the Purchasing Office and such bids shall be rejected. Late bids shall be rejected.

Bids/proposals MUST be date and time stamped by the soliciting Purchasing Office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office may be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a Bid by the Purchasing Office.

3.4.2 Delivered via Email

If Bidder is submitting a Bid via email to Purchasing Office, Bidder shall submit to uwmbids@uwm.edu. Such email (and all Bid documents) must be received prior to the Bid due date set forth on the cover sheet of this bid.

The subject line of bidder’s submission must contain the following: “Bid response” followed by “Bid number, date due, and bidder’s company name.” Any attachments to electronic submissions must be in Microsoft Word, Microsoft Excel, Microsoft Power point, Adobe PDF, or ZIP file formats and under 10MB in size. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable, but subject to verification.

Submitting a Bid to an e-mail address other than uwmbids@uwm.edu will not constitute receipt of a valid Bid by the Purchasing Office.

3.5 ADDENDUM: If this is an official bid, addendum shall be posted on the State of Wisconsin’s Vendor Net website at http://vendornet.state.wi.us. Bidders are responsible for checking this website for any future addenda or Bid information prior to the Bid closing date. If this is an informal bid, addendum will be sent to all Bidders receiving a RFB or to any Bidder requesting a copy of the Bid.

3.6 BIDDING EQUAL OR BETTER: Bids on alternate or substitute items “equal or better” will be considered if indicated in the Bid specifications. To be considered responsive, full descriptive literature must be included and bidder must specifically highlight or direct UWM to the precise place in the literature that demonstrates all of the specifications are equal or better. Bidder must specifically circle and explain any deviations from the Bid specifications. The Purchasing Director shall be final judge as to whether an item meets the specifications for the bid.

3.7 FAIR PRICE ANALYSIS: Purchases made pursuant to this awarded Bid may require a 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 UWM to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

3.8 MULTIPLE BIDS: Multiple bids from a vendor will be permissible, however, each Bid must conform fully to the requirements for Bid submission. Each such Bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

3.9 JOINT BIDS: In the event a group of bidders elects to jointly submit a Bid, there may only be a single Bidder designated as the prime, but all participating bidders must be identified in that Bid. The designated prime Bidder will be responsible for all matters related to the provision and invoicing subject to this Bid and any resulting contract. UWM will make contract payments to only the Bidder awarded the Bid.

UWM reserves the right to accept the prime Bidder, however may reject any secondary Bidder. The prime Bidder will have the option of withdrawing its bid, without penalty, or replacing the rejected secondary Bidder.

3.10 BID PRICING HELD FIRM: Bid pricing shall be held firm for sixty (60) days from date of Bid opening, unless otherwise noted to allow time to make the award.

3.11 INCURRING COSTS: UWM shall not be liable for any cost incurred by a Bidder in the process of responding to this RFB.

3.12 NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of UWM.

3.13 SHALL AND MUST ARE MANDATORY: “Must” or “shall” are mandatory requirements.

3.14 REASONABLE ACCOMMODATIONS: UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request. If a Bidder believes it needs accommodations the site visit, contact Purchasing Agent listed on the Bid Cover Sheet.

3.15 PROPRIETARY INFORMATION: Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Bid Cover Sheet. Marking of the entire response as proprietary will neither be accepted nor honored. UWM 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 4.15.23). A copy of the form needed to designate portions of your submission as proprietary can be found at: http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

4.0 TERMS AND CONDITIONS

4.1 ENTIRE CONTRACT: A contract will be awarded to the successful Bidder based on the criteria established in this Request for Bid, including attachments and any amendments issued. The 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: (1) This Bid document, including any amendments/attachments; (2) Official Purchase Order; and (3) the successful Bidder’s response to RFB.

Any Contract terms and conditions provided by the Bidder, including but not limited to click-on/click-through agreements provided to the Bidder; shrink wrapped agreements; or terms submitted with bid, order acknowledgements, or invoices; shall be considered null and void and will not be enforceable by the Successful Bidder unless agreed to in a written amendment signed by UWM’s Purchasing Office.

Any exceptions to the Contract Terms and Conditions must be submitted under Tab B of Bidder’s response. Specific objections or additions must be listed. It is insufficient for the Bidder to submit a standard Bidder contract as a complete substitute or alternative for the language in this Bid. Likewise, it is insufficient for the Bidder to simply cite to Bidder’s document or incorporate a document by reference. Any contract term or condition not set forth in Bidder’s response will not be negotiated or considered. UWM reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and proceed to the next qualified bidder. Acceptance of any contract terms or conditions proposed is at the sole discretion of UWM.

4.2 F.O.B.: All deliveries shall be FOB Destination or FOB Destination and Installed if installation is required. Delivery (and installation charges, if applicable) risk of loss shall be borne by the successful Bidder. Bid prices must include all packing, freight, insurance, set-up, instruction, per diem and operation manual charges, excluding any import costs. Delivery and Installation must be coordinated with UWM designated contact prior to delivery/installation. Items must be set in place, connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from UWM’s premises and properly disposed of by the successful Bidder. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to UWM personnel as identified.

4.3 CONTRACT PRICING HELD FIRM: Except as provided herein, Hauling charges shall remain firm for the initial one-year contract period, after which time an escalator may be requested per the terms of Section 4.4 below, if Contractor’s price has increased. The percentage of revenue for each item type, for determining the revenue to UWM, shall remain firm for the life of the contract.

4.4 ESCALATION/DE-ESCALATION CLAUSE: No request for price increase on the Contract shall be entertained for ninety (90) calendar days from the date of award. (Any request for a price increase must be made in writing to the Purchasing Agent listed on the P.O. at least sixty days in advance of the effective date of the increase and verified by a letter from the supplier and/or published price sheets. Price increase based on product cost shall not exceed 10% of the firm Bid price during each/any one- year contract period. Any price increase sought must be based on documented industry-wide changed market conditions beyond the control of the Successful Bidder. The increase must be approved by the Purchasing Office prior to its effective date in the form of a contract amendment or change order.

Likewise, any de-escalation in price shall be passed on to UWM. Successful Bidders are obligated to treat price decreases as equally as price increases during the tenure of the contract. Price escalation clauses are not applicable for “discount from list” contracts as the Successful Bidder’s current list will already reflect market changes. Therefore, while percent of discount, or other pricing basis, offered by Successful Bidder must remain firm for term of contract, successful Bidder must provide updated price lists to the Purchasing Office.

4.5 DISCONTINUED PRODUCTS: In the event an item subject to this Bid is/has been discontinued by the manufacturer or is/has been replaced or upgraded, UWM reserves the right to purchase the replacement and/or upgraded items at the same pricing structure as set forth in the Successful Bidder’s response to the Bid.

4.6 IDENTIFICATION WHILE ON CAMPUS: Successful Bidder’s employees, while working on UWM 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 Successful Bidder at the Successful Bidder’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

4.7 ACCEPTANCE AND TESTING: Acceptance testing will occur within 30 days after the item has been installed. Acceptance testing will be performed by UWM and will consist of verification of the specifications and performance requirements. If the item does not meet specification or performance requirements, the Successful Bidder will have 15 days to meet requirements. If, after this, period the item still does not meet specifications or performance requirements, the Successful Bidder agrees to remove the item and return any payments that may have been made. The Department Manager or his/her designee, is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

4.8 INVOICING PERFORMANCE. If a complaint is received by the contract manager from an Authorized User or the UWM Accounts Payable Department regarding a billing error, the Successful Bidder will be notified in writing that the invoicing is not in compliance with the contract conditions. The second time a documented billing problem is received by the contract manager the contractor may be required to meet with the contract manager. The Successful Bidder will be advised of the possible consequences, which may include cancellation of the contract, if there is any future billing problem. The third time a documented billing complaint is received by the contract manager, the contract may be cancelled. Failure of the contractor to promptly and properly invoice may be grounds for cancellation of the contract.

4.9 SHIPMENTS, DUPLICATES AND OVERSHIPMENTS: Upon notification by UWM of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment 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.

4.10 REPORTS: If the Bid is for multiple purchases, the Successful Bidder must be able to provide UWM with requested reports at agreed-upon intervals with agreed-upon details.

4.11 SUBCONTRACTING: Any Contract resulting from this Bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by the UWM Purchasing Office. In the event of an approved subcontract, the Successful Bidder shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. UWM reserves the right to assess the successful bidder liquidated damages, in excess of the contract amount, for Subcontractor’s failure to perform or inability to complete required project milestones. Subcontractors must abide by all terms and conditions under this Contract.

4.12 CANCELLATION AND TERMINATION: In addition to the reasons expressed in Section 2.13, UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. UWM shall give notice, in writing, of such termination at least 10 days before the effective date of termination. Each party will assist the other party in the orderly termination of this contract and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

4.13 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.

4.14 ADDITIONAL STATE TERMS AND CONDITIONS: The following terms and conditions originate from DOA-3045.

4.14.1 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. UWM shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid.

4.14.2 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the Bidder's letterhead, signed, and attached to the request. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and the Bidder shall be held liable.

4.14.3 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by UWM.

4.14.4 QUANTITIES: The quantities shown on this request are based on estimated needs. UWM reserves the right to increase or decrease quantities to meet actual needs.

4.14.5 PRICING AND DISCOUNT: UWM qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

4.14.5.1 Unit prices shown on the Bid or…