Wisconsin Department of Transportation RWIS Weather Forecasting Contract (October 2000)

Transcription

1 Wisconsin Department of Transportation RWIS Weather Forecasting Contract (October 2000) Document Outline: Parties to the Contract Term of Contract Executed Contract to Constitute Entire Agreement Scope of Services - Provide Hourly Forecast of Pavement Temperature - Provide two (2) 24-hour forecasts per day from November 1 through April 30, one (1) 24-hour forecast per day from May 1 through October 31, and updates as required - Timeliness Requirements - Delivery of Forecasts and Updates - Toll Free Telephone Access to the Forecast Center - Storm Warning Service - General Non-Technical Requirements Payment Terms Liquidated Damages Termination of Contract Prime and Subcontractors Separability Contract Prices Appendix A Standard Terms and Conditions, DOA-3054 (R11/98)

2 Cost Information: The contract is for approximately $76,200 over 9 months. Wisconsin DOT started this contract on October 1, The contract term is for 9 months from the effective date (through June 30, 2001), with two (2) possible one-year renewals. Under the contract, SSI will provide the Pavement Temperature Forecast for each of the 51 RPU sites located across the state, and distribute this to DTN, who is responsible for delivery to each district. For the 26 sites with both bridge and road pavement data, SSI will provide a graphical Pavement Temperature Forecast representing both road and bridge temperatures.

3 State of Wisconsin Department of Transportation DBM/BMS Purchasing Unit 4802 Sheboygan Ave., Room 751 P.O. BOX 7396 Madison, WI CONTRACT RWIS Weather Forecasting Services Page 1 COMMODITY OR SERVICE: CONTRACT NO.: Road Weather Information System (RWIS) Weather Forecasting Services REQUEST FOR PROPOSAL NO.: CONTRACT PERIOD: /1/00 through 6/30/01 with two (2) possible one-year renewals This contract is entered into by and between the State of Wisconsin Department of Transportation (hereafter referred to as WisDOT) and the contractor, Surface Systems, Inc. FOR STATE OF WISCONSIN TO BE COMPLETED BY CONTRACTOR DEPARTMENT OF TRANSPORTATION Division of Transportation Infrastructure Development, Bureau of Highway Operations FOR Surface Systems, Inc. BY Signature David I. Vieth Printed Company Name Lilburn Park Road St. Louis, MO Company Address BY TITLE Bureau Director Signature DATE Printed TITLE PHONE DATE

4 Page 2 I. PARTIES TO THE CONTRACT This agreement, hereinafter referred to as "the Contract", shall be between the Wisconsin Department of Transportation, hereinafter referred to as the "WisDOT" and the successful proposer hereinafter referred to as the "Provider" and/or "Contractor" for the procurement of Road Weather Information System (RWIS) Weather Forecasting Services, hereinafter referred to as "RWIS Weather Forecasting Services", according to the terms set forth in this Contract. II. III. TERM OF CONTRACT It is the intent of the WisDOT to start the resulting Contract on October 1, Contract term shall be for 9 months from the effective date (through June 30, 2001), with two (2) possible one-year renewals. EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT The WisDOT s Request for Proposal, the proposal responses, written communications and this Agreement constitute the entire agreement between the parties. The hierarchy of documents in descending order for resolution is as follows: 1. Official Wisconsin Department of Transportation Purchase Order and/or Contract (when applicable) 2. Standard Terms and Conditions (see Contract Appendix A and Contract Appendix B) 3 Request for Proposal 4. Vendor s Proposal as submitted 5. Written communications Any conflict in terms shall be governed by the highest listed document. IV. SCOPE OF SERVICES 1.1 Provide hourly forecast of pavement temperature Surface Systems, Inc. ( SSI ) will prepare a forecast of pavement temperature twice daily for each twenty (20) minute increment, in degrees Fahrenheit, for a twenty four (24) hour period for each of the 51 RPU sites located throughout the state. For those sites which also contain a bridge sensor, SSI will prepare a forecast of bridge deck temperature twice daily for each twenty (20) minute increment, in degrees Fahrenheit, for a twenty four (24) hour period for each of the 26 RPU sites located throughout the state. A minimum of two routine Pavement Temperature Forecasts will be delivered daily to DTN, who is responsible for delivery to each transportation District and every county within the District no later than 1:30 a.m. and 1:30 p.m. and no earlier than 12:00 a.m. and 12:00 p.m., respectively, from November 1 through April 30. Similarly, SSI will prepare one (1) Pavement Temperature Forecast for each transportation District and deliver this forecast to each transportation District and every county within the District no later than 5:00 a.m. and no earlier than 4:00 a.m. from May 1 through October 31. The Pavement Temperature Forecast will indicate, in a graphical format, the time(s) the pavement temperature is expected to rise above or fall below 32 degrees F. SSI will provide the Pavement Temperature Forecast for each of the 51 RPU sites located across the state, and distribute this to DTN, who is responsible for delivery to each District. For the 26 sites with both bridge and road pavement data, SSI will provide a graphical Pavement Temperature Forecast representing both road and bridge temperatures. SSI will then deliver to every county within the district, regardless of whether or not an RPU is present, the Pavement Temperature Forecast for all 51 RPU sites across the state. SSI will provide updates whenever an unforecast pavement temperature change through the freezing point (32 degrees) occurs or is expected to occur during precipitation and frost events at

5 Page 3 each forecast site. SSI will also provide two (2) hour advance warning, with an updated forecast and a phone call to each District for all pavement temperature changes through the freezing point during precipitation and frost events for each forecast site. To accomplish this, SSI will continually monitor weather conditions using radar, satellite, National Weather Service ( NWS ) surface observations and the Wisconsin Department of Transportation ( WisDOT ) statewide Road Weather Information System ( RWIS ). 1.2 Provide two (2) 24-hour forecasts per day from Nov 1 through Apr 30, one (1) 24-hour forecast per day from May 1 through Oct 31, and updates as required SSI will prepare two (2) 24-hour Pavement Temperature Forecasts per for each of the 51 RPU sites located across the state, with 26 of these being the double curve (road and bridge) Pavement Temperature Forecasts. SSI will then deliver these forecasts to DTN for delivery to each District; and to every county within the District, the Pavement Temperature Forecast which is most representative for that individual county. The forecasts will be delivered no later than 1:30 a.m. and 1:30 p.m. and no earlier than 12:00 a.m. and 12:00 p.m., respectively, from November 1 through April 30. Similarly, SSI will prepare one (1) 24-hour Pavement Temperature Forecast for each transportation District and deliver this forecast to DTN for delivery to each District and every county within the District no later than 5:00 a.m. and no earlier than 4:00 a.m. from May 1 through October 31. Each forecast will contain the following elements: Forecast of Pavement Temperature (as specified in section 1.1) Precipitation and Pavement Condition Forecast Wind Speed/Direction Forecast Air Temperature Forecast (in degrees Fahrenheit) Dew Point Temperature Forecast (in degrees Fahrenheit) Snowfall Accumulation Forecast (in graphical format) Forecasters Discussion The forecasters discussion will be written on a District-wide basis, but will specify, on a county by county basis any areas within the District where conditions will differ significantly from those specified in the District forecast. Counties where significant differences in weather conditions exist will be noted. The forecast of pavement temperatures will be based on the specific RPU sites within each District. The forecast of pavement temperature will be for that particular RPU site and differences in pavement temperature can be expected from county to county. SSI will continually monitor weather conditions using radar, satellite, NWS surface observations and the WisDOT statewide RWIS and will provide a forecast update within thirty (30) minutes whenever the following occurs or is about to occur and was not previously forecast: Snowfall greater than a trace Freezing precipitation Winds greater than 15 miles per hour Pavement temperatures rising above or falling below 32 degrees F in precipitation or frost events These updates will be issued for the remainder of the 24-hour period covered by the original forecast and will meet the requirements specified above in this section. Updates will also meet the advance warning times specified in section 1.3. If more severe conditions are expected or exist than those listed above, but the current forecast or update will not meet the desired advance warning time, SSI will notify the District immediately by telephone, followed by delivery of the update to DTN. All warnings or updates issued for pavement temperature movements through 32 degrees F will be

6 Page 4 based on the specific RPU sites and sensors for which the original forecast was generated. 1.2.a Pavement temperature forecast A detailed description of the SSI pavement temperature forecast can be found in Section b Road and bridge frost forecast When road or bridge frost is likely to occur, and was not previously forecast in the routine morning forecast issued by 1:30 a.m. that morning or the routine forecast issued by 1:30 p.m. the previous afternoon, SSI will provide a two (2) hour advance warning to notify all the counties where these conditions are expected to occur. The warning will be initiated two (2) hours prior to the expected start time of frost and will consist of a telephone call to each District or county that will require this notification, followed by transmission of the warning to DTN. The morning forecast will include, in the forecaster s discussion, a yes/no statement on whether conditions are favorable for frost formation that morning and the following morning. The afternoon forecast will include, in the forecaster s discussion, a yes/no statement as to whether or not conditions are favorable for frost formation that night or the following morning. 1.2.c Precipitation forecasts The precipitation forecast provided by SSI will include the expected start and stop times, type of precipitation and amount of precipitation, for each county within the District. This will be a routine part of all forecasts provided. 1.2.d Snowfall amount forecast When snow is forecast, only the following ranges will be used: Trace to greater than 6 (>6 ) In situations where snowfall totals vary greatly across the District, SSI will specify snowfall amounts across the District using the above ranges. Accumulations, if needed, will be broken down to individual counties, or sections of a county, to clarify the expected snowfall amounts. Also, for any snowfall of two (2) inches or greater, SSI will add a snowfall accumulation forecast (in graphical format) into the routine forecast or update for the District. The snowfall accumulation forecast will be for that particular RPU site and differences in snowfall amounts in other counties of each District will be noted in the forecaster discussion. 1.2.e Wind direction and speed forecasts

7 Page 5 Wind direction and speed forecasts will be issued as part of the routine forecast, updates and all warnings. The wind direction forecast will be in octant form, i.e., NW, SE, etc., where an octant is equal to 45 degrees. The wind speed forecast will be in miles per hour. When wind speeds are > 15 miles per hour and the wind speed is expected to change by more than five (5) miles per hour, or the wind direction is expected to change by more than one (1) octant, the times of these changes will be so noted in the forecast. 1.2.f Air and dew point temperature forecasts Air temperature and dew point temperature forecasts in degrees F will be included in each routine forecast, update or warning, even available every 20 minutes of the forecast period, if accessed via the SSI web site. 1.2.g 24 to 72 hour forecast outlook With each routine Pavement Temperature Forecast SSI will provide, a 24 to 72 hour outlook included in the forecasters discussion. This outlook will specify: 1.3 Timeliness requirements Any periods of precipitation, i.e. early morning, evening, mid afternoon etc. Sky conditions Average wind speed and direction High and low temperature 1.3.a Four (4) hour advance snowfall or freezing precipitation warning SSI will provide a four (4) hour advance warning for all snowfall events exceeding two (2) inches, and/or any freezing precipitation. SSI will initiate the four (4) hour advance warning from the forecast start of the snow or freezing precipitation. The warning will specify times when the heaviest snowfall is expected and will contain generally the same information as provided in the routine forecast. The warning will be initiated by a telephone call to each District that will require this notification, followed by delivery of the warning to DTN. 1.3.b Two (2) hour advance snowfall warning SSI will also provide a two (2) hour advance warning for all snowfall events ranging from a trace to two (2) inches. SSI will initiate the two (2) hour advance warning from the forecast start of the snow. The warning will specify times when the heaviest snowfall is expected and will contain generally the same information as provided in the routine forecast. SSI will use the term snow showers when it expects that the snow could cause maintenance problems. The term snow flurries will be used when the snow is not expected to cause maintenance problems. In cases where snow is more widespread, the terms snow or light snow will be used. The warning will be initiated by a telephone call to each District that will require this notification, followed by delivery of the warning to DTN. 1.4 Delivery of forecasts and updates

8 Page 6 The standard delivery medium for all routine forecasts and warning updates to WisDOT and the counties will be via the Data Transmission Network ( DTN ) satellite delivery. For situations where rapid updates may be needed and when heavy snow (four (4) inches or more) and/or freezing precipitation is expected within the desired advance warning time, SSI will notify the appropriate District headquarters via voice telephone in addition to delivery to DTN. The routine forecast and warning update will be available to the Districts and the counties through their DTN unit (for end users equipped with DTN units). The latest forecast delivered to the DTN units will overwrite the previous forecast, so only the latest forecast is available for retrieval and use. All updates/warnings delivered will be considered by SSI to be an entirely new forecast and will include all the elements of a routine, regularly scheduled forecast. The copyrighted SSI forecasts and updates will be deliverable to all WisDOT and County DTN units. In the event other government agencies or other entities desire to receive the forecasts and updates via DTN, such delivery will be by the mutual agreement and for the mutual benefit of WisDOT, DTN and SSI. In the event forecast delivery via DTN fails, SSI has the capability to deliver routine forecasts and warnings/updates by the backup methods identified below. The backup method to be used would be mutually agreed between WisDOT and SSI prior to starting forecast delivery. Internet availability through the SSI web site. Fax delivery Direct delivery into the SCAN RWIS CPU via phone lines Verbal delivery via telephone. Direct delivery to a customer supplied and defined PC via communication software. To verify forecast delivery via the DTN system, SSI s DTN units will be entitled to receive the WisDOT segment and thus the forecast products. SSI will check its DTN units in a timely manner following delivery of forecasts to DTN to assure end-user delivery. Additional Delivery Method SSI agrees to make all WisDOT forecast products available on SSI s web site, free of charge, in addition to the standard DTN delivery. This will allow WisDOT personnel to experience and become familiar with the advantages, convenience and timeliness of this delivery method. SSI will establish a password protected Internet address dedicated to WisDOT which will be available to all authorized personnel. All forecasts, under this contract, will be available through this one Internet address. The WisDOT forecast homepage will list all available forecasts categorized by district. Access to the forecast is granted by simply clicking on the name of the forecast site. The SSI SCAN*Cast is available in three (3) formats: graphic, table, and text. SSI will provide each customer with the ability to display a forecast of pavement temperature, air temperature, dew point temperature, and precipitation vs actual pavement temperature, air temperature, dew point temperature, and precipitation.

9 Page Toll free telephone access to the forecast center SSI will provide unlimited, toll free, telephone access for all Wisconsin District and county maintenance personnel for consultation with SSI meteorologists. SSI welcomes and encourages WisDOT and county personnel to use this service, 24 hours a day, 7 days a week, 365 days a year, to assist them in any way possible, especially in snow/ice situations. SSI also encourages immediate feedback on the quality of all forecasts issued, those which were correct and those which were not correct. 1.6 Storm Warning Service SSI will notify WisDOT of impending snow/ice events via a storm warning service. SSI will work with the individual districts to fulfill district-specific variances in criteria. This warning service will consist of the following two products: 1.6.a Written notification delivered via DTN SSI will deliver a storm warning to all affected Districts and counties via DTN, whenever a snow/ice event is forecast meeting the criteria in section 1.3. Storm warnings will adhere to the timeliness requirements specified in section 1.3. The warning will be displayed on a DTN page separate from the routine forecasts. Each warning will be a text file which will use one (1) DTN page, for a total of eight (8) DTN pages. 1.6.b Pager/telephone notification SSI will provide notification of warning via pager or telephone not less than two (2) hours prior to the forecast onset of snow greater than a trace; not less than four (4) hours prior to the onset of snow greater than or equal to two (2) inches or any freezing precipitation. This notification will include a message to call the forecaster because a warning has been issued. Upon notification, the county will call SSI to speak with their forecaster about the specifics of the warning. The warning will specify start and stop times for expected precipitation, snowfall amounts, temperatures, wind speed and direction, and expected pavement condition. One standardized form will be used for transmission of all warnings. SSI will update warnings when significant changes in the forecasts for snow amount or precipitation type will occur. This warning service will be available to every county, should they so desire. One format will be used for all counties. SSI acknowledges that each county may have slightly different notification criteria (depending upon the results of the final contract negotiation), and is ready to work with WisDOT and the counties to fulfill those criteria.

10 Page General non-technical requirements SSI acknowledges that the Agency reserves the right to negotiate the terms of these requirements separate from the forecast requirements. 1.7.a Agree to make forecast information available to municipalities SSI places no restrictions on the distribution of the information generated by the RWIS to the general public. All information generated by the RWIS is the sole and exclusive property of WisDOT, and WisDOT may utilize the information generated by the RWIS in any manner they desire. SSI will make the complete site-specific forecasts and district-wide weather forecasts available to cities, counties and political subdivisions ( Political Subdivisions ) in accordance with the following. WisDOT will not be required to pay any additional fees for providing Political Subdivisions with WisDOT forecasts. Delivery of the WisDOT forecasts will be available by two methods: 1. Delivery over SSI Internet web site. When WisDOT forecasts are to be delivered over SSI s Internet site, each Political Subdivision will contract with SSI for such delivery. SSI will set up one or more accounts for each Political Subdivision to gain access to the WisDOT forecasts through SSI s Internet site. Each Political Subdivision will be charged a service initiation fee and a subscription fee (that is disclosed in the Cost Proposal) based on the population of the Political Subdivision. Internet delivery of the WisDOT forecasts offer the Political Subdivision to obtain the WisDOT forecasts from multiple sites and not be limited by receiving the WisDOT forecasts only at the site where the DTN equipment is located. 2. Delivery over DTN to Political Subdivisions who have DTN units. When delivery is via the DTN system, each Political Subdivision will contract with DTN for delivery of the WisDOT forecasts. For those Political Subdivisions that subscribed to the WisDOT forecasts during the winter of , the price for continuing to receive the WisDOT forecasts will remain the same as in the previous contract. The distribution of revenues by DTN and SSI will remain the same as done in the previous contract. For those Political Subdivisions that desire to subscribe to the WisDOT forecasts for the winter of , the price will be based on a subscription fee based on the population of the Political Subdivision, plus a DTN WisDOT forecasts delivery fee. 1.7.b Conduct customer contacts

11 Page 9 SSI will contact each county a minimum of twice in this upcoming winter season, with the first round of calls made no later than January 15 th, and the second completed no later than April 1 st. Results of these contacts will be recorded and placed into an organized, easy to read report format, then returned to WisDOT no more than two (2) weeks after the end of the round of calls. These reports will be returned to WisDOT by the delivery method chosen by WisDOT. 1.7.c Monitor forecast timeliness An message will be delivered to the RWIS program manager immediately following a successful transmission of all forecast products provided to WisDOT, including forecasts, warnings, and updates. This method supplies WisDOT personnel with immediate notification of forecast delivery. SSI proposes to continue this successful delivery notification process. 1.7.d Agree to liquidated damages deductions SSI agrees with the liquidated damages deductions with the following stipulations: y Liquidated damages deductions, if any, shall only apply to winter forecasts products delivered between November 1 st and April 30 th. y Liquidated damages deductions will only apply for the performance of SSI in delivering forecast products to DTN. WisDOT may invoke liquidated damages for the winter forecast products specified in Section 1.2 when such delivery to DTN is not completed by 1:15 a.m. and 1:15 p.m. y The sole determination if forecast products have been delivered by 1:15 a.m. and 1:15 p.m. shall be the delivery time and date stamp contained in the transmission log report ed to the RWIS program manager as in accordance with Section 1.7c. y The amount of liquidated damages deductions will be based only on the price paid for the actual forecast services provided by SSI. The amount of DTN delivery charges will not be included in the monthly contract price on which the liquidated damages will be based. y Liquidated damages deductions will not be made if delivery of the forecasts are delayed for reasons beyond SSI s direct control. Reasons beyond SSI s direct control shall include but not be limited to: y Failure of DTN equipment or systems that prevent SSI from delivering the forecast products to DTN. y Failure of the Internet or problems with the Internet which is the primary delivery vehicle for forecast product delivery to DTN. y Failure of communication lines provided by communications companies. y Failure of backup delivery systems that include dial telephone lines from communications companies and DTN equipment or systems. y Failure of forecast product delivery to DTN as a result of any strikes, lockouts, riots, epidemics, war, government regulations, fire, power failure, acts of God, or other causes beyond SSI s control.

12 Page e Participate in a post-winter conference with the Agency to discuss performance during the winter season At the end of the winter season, if requested by WisDOT, SSI will participate in an annual meeting to cover all aspects of the winter forecasting service and to focus on how this service can be improved in the future. SSI will meet with the RWIS Program Manager and representatives from the Agency at this meeting. This meeting will be held at a time mutually agreed upon between all the parties. 1.7.f Attend WisDOT RWIS User Group meetings V. PAYMENT TERMS As has been the case in past seasons, SSI, if requested by WisDOT will send a representative to at least one RWIS committee meeting to discuss forecast accuracy and delivery. This will also provide a valuable opportunity to clarify issues of concern to either SSI or WisDOT. This representative will bring back the State s feedback on the weather forecasting services being provided by SSI. SSI will then apply this feedback to improving the quality of the forecast services. SSI will invoice the WisDOT, monthly, for services rendered in the previous month VI. LIQUIDATED DAMAGES The contractor acknowledges that damages will be incurred by the agency, in the amount of $ per forecast delivery cycle (twice daily), not to exceed one-half of the total of the contract, for every forecast not delivered within the timelines specified in Section 1.2 of the Scope of Services, subject to the terms in Section 1.7.d of the Scope of Services. The contractor agrees that the agency shall have the right to liquidate such damages, through deduction from the contractor s invoices, in the amount equal to the damages incurred or by direct billing to the contractor. VII. VIII. IX. TERMINATION OF CONTRACT The agency may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the contractor. Upon termination, the agency's liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the agency. In the event that the contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 30 days of said termination, all payments made hereunder by the agency to the contractor for work not completed or not accepted by the agency. Such termination will require written notice to that effect to be delivered by the contractor to the agency not less than 60 days prior to said termination. PRIME AND SUBCONTRACTORS The prime contractor will be responsible for contract performance when subcontractors are used. Prime contractor is responsible for all payments to subcontractors. When subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the proposer must clearly explain their participation. SEPARABILITY If any provision of this Proposal shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this Proposal. X. CONTRACT PRICES

13 Page 11 The following prices are agreed upon for the period October 1, 2000 through June 30, Basic Service: Type of Service Quantity (period) Monthly Fee Yearly Total SCAN*CAST 6 (Winter) $6, $33, SCAN*CAST 6 (Summer) $ $3, DTN Delivery 6 (Winter) $5, $35, DTN Delivery 6 (Summer) $ $4, Winter Storm Warning Service: The price for the service shall be $0.01 (one cent) per county per month, billable monthly to the Agency, up to a maximum of 72 (seventy-two) counties per month. Optional Services: The maximum amount billable to the Agency for travel by SSI to attend WisDOT RWIS User Group Meetings and a post-winter conference, and conduct on-site visits to county highway departments during snow events shall be $ per year.

14 Page 12 Contract Appendix A STANDARD TERMS AND CONDITIONS, DOA-3054 (R11/98) 1.0 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/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder s/proposer s letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. 3.0 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 the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request 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/proposal evaluation and contract administration. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 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). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. 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 will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized PAYMENT TERMS AND INVOICING: The State of Wisconsin normally 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.

15 Page TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, 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. The State of Wisconsin 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 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 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority APPLICABLE LAW: 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. The State of Wisconsin reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract 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 the State of Wisconsin WORK CENTER CRITERIA: A work center must be certified under s , 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 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s (5), Wis. Stats., sexual orientation as defined in s (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 Contracts estimated to be over twenty-five thousand dollars ($25,000) 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 twenty-five (25) employes. 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 The contractor agrees to post in conspicuous places, available for employes 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 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 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin 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 the State of Wisconsin (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.

16 Page SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, and all applicable OSHA Standards WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer 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 contractor. The time limitation in this paragraph does not apply to the warranty provided in paragraph INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: 23.1 Maintain worker s compensation insurance as required by Wisconsin Statutes, for all employes engaged in the work 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 The state reserves the right to require higher or lower limits where warranted CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin PUBLIC RECORDS ACCESS: 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 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin 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 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot by copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin 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 (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/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential DISCLOSURE: If a state public official (s , 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 the state unless appropriate disclosure is made according to s (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 (Telephone ). State classified and former employes and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s , Wis. Stats 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.

17 Page 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 , 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) 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 employe for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast s pertaining to this procurement shall not be made without prior written authorization of the contracting agency HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employes 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 YEAR 2000 CONTRACT LANGUAGE: Contractor warrants that: a) all goods, services and licenses sold or otherwise provided pursuant to this procurement have been tested for and are fully year 2000 compliant, which means they are capable of correctly and consistently handling all date-based functions before, during and after the year 2000; b) the date change from 1999 to 2000, or any other date changes, will not prevent such goods, services or licenses from operating in a merchantable manner, for the purposes intended and in accordance with all applicable plans and specifications and without interruption before, during and after the year 2000; and c) contractor s internal systems, and those of contractor s vendors, are year 2000 compliant, such that contractor will be able to deliver such goods, services and licenses as required by this procurement.

18 Page 16 Contract Appendix B SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR PROCUREMENT OF SERVICES, DOA-3681 (R3/99) 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 participate, 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 provision, 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 , Wis. Stats., prohibits an individual who is a State of Wisconsin employe 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 , (1), and , 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.