State of Wisconsin – UW-MilwaukeeWis. Statutes s.16.75DOA-3070 (R08/2003) UWM-3070 (R10-13)

REQUEST FOR BID: D21-028-M THIS IS NOT AN ORDER

For Lift Truck Rentals, Inspections and Repairs Release date: 3/17/21

Name: Donna Lumsden

Email: uwmbids@uwm.edu

See section 3.4 for rules regarding communications during a Bid.

Deadline for Questions: 3/25/21 at Noon

Due Date: 4/5/21 at 2:00 PM

Available submission methods:

Email (See Section 3.5.2 for instructions)

BID RESPONSIVENESS: To be considered responsive, the Bidder must submit the following (Bidder must check the respective boxes to indicate compliance with each requirement):

Request for Bid Cover Sheet (this page), signed by an authorized signatory. Bid Response Exhibit A

Any exceptions to Contract Terms and Conditions. See section 4.1. Vendor Required Forms

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.

Name of Bidder::       Date:       Bidder’s phone number:      

Address of Bidder:       Full name and Title of authorized Bidder’s representative:      

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.”

1.3 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 Lift rental, inspections and repairs. The items sought pursuant to the Bid will be used for setting up a contract to procure these items.

2.0 SPECIFICATIONS

2.1 MANDATORY TECHNICAL REQUIREMENTS: Exhibit B, included, lists various aerial lifts, man and scissors, owned by the University. This request for bid provides for annual inspections and repairs on these lifts, as needed and requested. Also included are lift rentals on an as-needed basis.

Inspections must meet OSHA and ANSI requirements for the specific lifts found in Exhibit B.All inspections will be requested by UWM staff.

Contractor will be contacted when there is a needed repair to any of the lifts listed. Contractor will provide an hourly rate for repair services with a percentage mark-up for parts from Contractor’s supplier invoice. Lifts are to be repaired onsite, unless an alternative agreement is made between UWM and the Contractor. No travel or trip charges are allowed, although, if lifts cannot be repaired on-site, transportation charges will be allowed, if noted on Exhibit A, and with requesting department approval., prior to removing the lift from the UWM campus.

There are times when UWM may need to rent a lift. This request for bid will allow for that too. Typically, we would rent 45’ or 60’ lifts by the day, week, and by month, if necessary.

2.2 DELIVERY: Delivery shall be made as requested by UWM staff on an as-needed with agreed upon notice to the Contractor. Any travel charges for lift delivery or pick-up must be noted on Exhibit A.

2.3 CONTRACT LENGTH: The contract will be for a one-year period with two automatic one-year renewals, unless either party notifies the other within 30 days of renewal period.

2.4 AUTHORIZATION: Bidder must be an original manufacturer, authorized distributor, or dealer authorized by the manufacturer to provide service and repair capabilities for items subject to this Bid.

2.5 WARRANTY/SERVICE2.5.1 Successful Bidder must provide a one-year warranty against defects in workmanship and the manufacturer’s

warranty on materials at a minimum.2.5.2 The warranty must offer replacement for that part of the product that proves defective because of improper

workmanship and/or material under normal installation use, service or maintenance with no additional charge for parts, labor, travel or any other any other charge. If Successful Bidder is unable to provide a replacement or repair in a timely manner, UWM may require refund of the purchase price in exchange for return of the product at no extra expense to UWM.

2.5.3 Warranty or other maintenance work must be performed on site unless UWM grants permission to remove equipment from site.

2.5.4 Service calls received in the a.m. must be acknowledged no later than in the p.m. of the same day and service calls received in the p.m. must be acknowledged no later than noon the following work day.

2.5.5 Successful Bidder must complete all maintenance or repair services within five working days of the initial call, unless agreed to between the UWM Department and the Contractor. The service representative shall leave with the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the UWM employee in charge of the machine.

2.5.6 If Successful Bidder cannot complete all services within this time, the Successful Bidder must provide a status report of the repair to the department and if requested should provide loaner equipment.

2.5.7 Successful Bidder must provide unlimited call-back maintenance service during normal business hours. hours of 8 a.m. to 5 p.m., Monday through Friday, excluding holidays

2.5.8 UWM shall have the option to contract with another vendor to repair or service machines if the Successful Bidder is unable to repair equipment for any reason or make necessary repairs on a timely basis.

2.6 MINIMUM YEARS IN BUSINESS: Bidder or its principals must currently be in the business of providing the requested 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 hourly labor rates for repairs, rates prices for inspections, rental costs, and a percent upcharge from Contractors’ supplier invoice, all as shown on Exhibit A. Prices listed must be in US dollars unless otherwise indicated.

3.2 METHOD OF AWARD: The award will be based upon the low total from the lowest responsive, responsible bidder based upon a formula which is judged to be in the best interests of UWM. The formula will be available after the bid opening. The right is reserved, however, to combine line item awards to reduce administrative costs.

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.

3.3 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.

3.4 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.

3.5 BID SUBMISSION: The method of submission shall be as set forth on the Bid Cover Sheet: By email. Details 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.

3.5.1 Delivered via EmailIf 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 may not constitute receipt of a valid Bid by the Purchasing Office.

3.6 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.

3.7 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.

3.8 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.

3.9 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.

3.10 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, but reject any secondary Bidder. The prime Bidder will have the option of withdrawing its bid, without penalty, or replacing the rejected secondary Bidder.

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

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

3.13 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.

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

3.15 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.

3.16 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, Contract resulting from this Bid must remain firm for the initial one-year contract period after which time an escalator may be invoked if Successful Bidder’s price has increased.

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 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 time 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: 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 contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the Bid or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the Bid evaluation and contract administration.

4.14.5.2 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

4.14.6 UNFAIR SALES ACT: Prices quoted to UWM are not governed by the Unfair Sales Act.

4.14.7 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by UWM authorized personnel. No other purchase orders are authorized.

4.14.8 PAYMENT TERMS AND INVOICING: UWM will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

Bidders shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the Bid must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

4.14.9 TAXES: UWM is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

UWM is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. UWM may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

4.14.10 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

4.14.11 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. UWM reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. UWM also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

4.14.12 ANTITRUST ASSIGNMENT: The contractor and UWM recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the contractor hereby assigns to UWM any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

4.14.13 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of UWM.

4.14.14 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

4.14.15 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

4.14.15.1 Contracts estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than fifty (50) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

4.14.15.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

4.14.15.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

4.14.16 PATENT INFRINGEMENT: The contractor selling to UWM the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against UWM (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

4.14.17 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to UWM must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

4.14.18 WARRANTY: Unless otherwise addressed in the Contract document, equipment purchased as a result of this request shall be warranted against defects by the Successful Bidder for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Successful Bidder.

4.14.19 INSURANCE RESPONSIBILITY: Successful Bidder shall maintain the following insurance, naming the Board of Regents of the University of Wisconsin system to be an additional insured:

4.14.19.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

4.14.19.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

4.14.19.3 UWM reserves the right to require higher or lower limits where warranted.

4.14.20 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by UWM.

4.14.21 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both goods and services in which the services component is worth $25,000 or more within any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United States Department of Health and Human Services, and their duly authorized representatives, access to the Contractor's books, documents and records until the expiration date of four (4) years after the approval of procurement activities.

4.14.22 PUBLIC RECORDS ACCESS: It is the intention of UWM to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

4.14.23 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly stated in the Bid itself. Proprietary information submitted in response to a request will be handled in

accordance with applicable UWM procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 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.

4.14.23.1 Data contained in a Bid, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of UWM.

4.14.23.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders may request the form if it is not part of the Request for Bid package. Bid prices cannot be held confidential.

4.14.24 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by UWM unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

4.14.25 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.

4.14.26 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employee responsible for submitting this Bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid. Signing the Bid with a false statement shall void the submitted Bid and any resulting contract(s).

4.14.27 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

4.14.28 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of UWM. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

4.14.29 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin, UWM and all of their respective officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

4.14.30 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which

desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

4.14.31 WORK CENTER PROGRAM: The Successful Bidder shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the Successful Bidder to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

4.14.32 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement 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.

4.14.33 CHILD ABUSE NOTIFICATION: Contractor, per Executive Order 54, is required to make a report of child abuse or neglect immediately if, in the course of service, the Contractor observes or learns of an incident or threat of child abuse or neglect, and the Contractor has reasonable cause to believe that child abuse or neglect has occurred or will occur.

4.14.34 RELEASE OF INFORMATION: Contractor shall not report or release information concerning University of Wisconsin System or its campuses students, employees or customers to third parties without UWM’s prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., University standards for safeguarding such information, and all other applicable laws regarding consumer privacy.

4.14.35 SMOKE FREE CAMPUS: The University of Wisconsin-Milwaukee is committed to maintaining a safe campus environment and to ensuring that it acts to the extent possible to shield its students and employees from harm. To mitigate the established health risks associated with exposure to second-hand smoke, UWM policy S-49 prohibits smoking on all campus property. “Smoking” shall include the use of any variety of lighted pipe, cigar, cigarette, or other smoking equipment, including electronic delivery devices, whether filled with tobacco or any other types of material.

4.14.36 Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not, during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision. This provision applies to all contracts of all values.

4.14.37 2019 Wisconsin Executive Order 1: Contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract subcontract, subcontract or grant because of military, or vendor status, gender identity or expression, marital or familial status, genetic information or political affiliation.

EXHIBIT A: BID RESPONSE (INCLUDING PRICING)

For Bid responses to be considered, this Exhibit A must be filled out in its entirety. Terms and Conditions attached to bids submitted will not become part of any contract between the parties. Bidders are required to provide the total cost of equipment or service needed to fulfill the Bid requirements/specifications. No additional charges will be allowed.

ITEM # LIFT UNIT PRICE PER EACH OSHA/ANSI REQUIRED INSPECTION

1 Z-JLG Model AMS24-DC

2 Z-Up-Right Model UL-24

3 Z-Genie Model AWP30S

4 Z-JLG Model AM36DC

5 Z-LG Model 3246ES

6 Z-Up- Right Model MX19

7 Genie Model AWP30S

8 Genie DP 35S

9 Skyjack SJ-III

10 Genie GR-20

REPAIRS

11 Hourly Rate for Repairs $_______/hr

12 Percent Upcharge from Vendor’s Supplier Invoice for Materials ________%

RENTAL RATES (single man)

13. Daily 45’ 60’

$_______$_______

14. Weekly 45’ 60’

$_______$_______

15. Monthly 45’ 60’

$_______$_______

16. If delivery or pick-up charges will apply for rentals or when repairs are required off campus, charges should be stated here.

$_______

UWM reserves the right to procure services for other like-items on this Bid, such as other models for similar work. In such event, the Successful Bidder would be required to offer the same pricing basis on the like-items as in the response to this Bid. Will Bidder agree to offer service on like-items not specifically bid? Yes NoIf yes, how would you provide pricing for those inspections, i.e. based off a published price list, or other. ____________________________________________________________________________________________________________________________________________________________________________________________

EXHIBIT B

LIFTS, BUILDING #’s AND LOCATIONS

FACILITIES SVCS AND RECREATION CENTER OWNED

#1957 Curtin Hall3243 N. Downer Avenue, RM #B50Make: Z-Up-right Model #UL-24 S/N 7672Platform Height: 24 FeetCapacity 300 lbs. Weight 1000 lbs. ES-1 E593305

#1931 Engelmann Hal2033 E. Hartford Avenue. Rm #B1Make: Z-JLG Model #AMS24-DC S/N 52561Platform Height: 24 FeetCapacity: 350 lbs Weight: 765 lbs. ES-2 E593306

#1927A Kenwood Interdisciplinary Research Complex3135 N. Maryland Avenue. Rm #6050Make: Genie Model #: AWP-30S S/N AWPG-89374Platform Height: 2 Feet 6 Inches Capacity: 350 lbs. Weight: 882 lbs. ES-0070 E593921

#1917 Klotsche Center3409 N. Downer Avenue Rm #220DMake: Z-JLG Model #: AM36DC Basket Lift #17 S/N 090010014Platform Height: 36 FeetCapacity: 300 lbs. Weight: 1100 lbs. SL-2 E593307

#1917 Klotsche Center3409 N. Downer Ave. Rm #220DMake: Z-LG Model #: 32465ES Basket Lift #78 S/N 0200169699Platform Height; 32 FeetCapacity: 1000 lbs. Weight 5025 lbs. SL-2 E593309

#1948 University Services & Research Building115 E. Reindl Way RM #228Make: Z-Up-Right Model #: MX19 S/N 7228Platform Height: 19 Feet Capacity: 500 lbs for 2 people or 250 lbs on extended platformWeight: 2160 lbs. SL-1 E593308

#1948 University Services & Research Building115 E. Reindl Way Make: ZJLG Model: 2632ES S/N M200033800Platform Height: 25 Feet 6 InchesCapacity: 500/800Weight: 4635 lbs. SL-3 E593947

#1948 University Services & Research Building115 E. Reindl Way Make: Genie Model: TMZ-50/30 Platform Height: 50 FeetCapacity: 440/500Weight: 4800lbs. ES-6 E593959

#1090 Zelazo Center2419 E. Kenwod Blvd. RM #220DMake: Z-Genie Model #: AMP30S S/N AWP1583436Platform Height: 29 Feet 6 InchesCapacity: 350 lbs Weight 882 lbs. ES-3 E593304 #1915 Heat PlantNorth Downer AvenueMake: Handy Herman Model #: 24P S/N 7501254Platform Height: 24 FeetCapacity: 300 lbs. Weight: 900 lbs

STUDENT UNION OWNED LIFTS – all located at 220 E. Kenwood Blvd.

Genie DP:-35S

Skyjack SJIII

Genie GR-20

HOUSING OWNED LIFTS – all located at 3400 M. Maryland Avenue

Genie AWP-25S

Nissan MPL01A15 S/N 9G0436

State of WisconsinDepartment of AdministrationDivision of Enterprise OperationsDOA-3681 (1/2017)ss. 16, 19 and 51, Wis. Stats.

State Bureau of Procurement101 East Wilson Street, 6th Floor

Post Office Box 7867Madison, WI 53707-7867

FAX (608) 267-0600

Supplemental Standard Terms and Conditionsfor Procurements for Services

1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues.

2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor;

2.2 Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and

2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition.

2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or)

He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not partici pate, in any action contrary to 2.1 through 2.3 above.

3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:

3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provi sion, in writing, if those activities of the potential contractor will not be adverse to the interests of the state.

3.2 Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state.

4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships.

5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.

7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances.

The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor.

http://vendornet.state.wi.us

It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. Pursuant to §19.36 (3), Wis. Stats., all records of the contractor that are produced or collected under this contract are subject to disclosure pursuant to a public records request. Upon receipt of notice from the State of Wisconsin of a public records request for records produced or collected under this contract, the contractor shall provide the requested records to the contracting agency. The contractor, following final payment, shall retain all records produced or collected under this contract for six (6) years.

8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.