Rev March 13, 2013
CITY OF MILWAUKEE
TERMS AND CONDITIONS
FOR UNSEALED INFORMAL BIDS AND CONTRACTS
All bids must be signed to be considered. Pages containing "standard conditions for bidding" and the applicable specifications need not be returned with your bid, but the pricing and the signature pages must be returned.
It is the City's policy to pay all invoices within 30 days. If the City does not make payment within 45 days after receipt of properly completed supporting payment and other required contract documentation, the City shall pay simple interest beginning with the 31st calendar day at the rate of one percent per month (unless the amount due is subject to a good-faith dispute and, before the 45th day of receipt, notice of the dispute is sent to the contractor by first-class mail, personally delivered, or sent in accordance with the notice provisions in the contract). If there are subcontractors, consistent with s.66.0135(3), Wis. Stats., the prime contractor must pay the subcontractors for satisfactory work within seven days of the contractor's receipt of payment from the City of Milwaukee, or seven days from receipt of a properly submitted and approved invoice from the subcontractor, whichever is later. If the contractor fails to make timely payment to a subcontractor, the contractor shall pay interest at the rate of 12 percent per year, compounded monthly, beginning with the 8th calendar day. Reference Common Council File No. 101137 adopted January 2011.
All Contractors awarded a contract valued at $25,000.00 or more are required to participate in training on the City of Milwaukee’s contract compliance software. Contractors must complete the training no later than 30 days after the date of contract award. Throughout the contract term, Contractors are required to regularly provide timely payment information in the City’s contract compliance software. Please contact the Office of Small Business Development (OSBD) at 414-286-5553 should you have any questions or concerns regarding the training process.
The City will determine the low bidder by taking into consideration cash discounts offered by the bidders only if the payment terms are 30 days or more. However, if the low bidder who is awarded this contract has quoted a more favorable discount for earlier payment, and the City pays within that earlier time frame, the bidder will be held to that quoted discount.
The City of Milwaukee accepts no responsibility for facsimile equipment being used as a responsible means of transmitting and/or receiving bid documents. The City of Milwaukee cannot and does not guarantee that the facsimile equipment will always be working or available for the receipt of bids. The bidder is responsible for completeness of the fax transmission.
SCOPE - These Standard Conditions apply to any and all subsequent award(s) except where special requirements are stated elsewhere in the Invitation for Bids. In such cases, the special requirements apply.
PRICES - Bid prices should be stated in units requested. Do not show list prices and trade discounts unless they are requested. Prices shall be firm. Any deviation from these requirements may result in bid rejection.
DELIVERY TERMS - All bid prices must include delivery F.O.B. Destination to the address as indicated at time of order placement.
TAXES - Bids should not include Federal Excise and Wisconsin Sales Taxes, as the City is exempt from payment of such taxes. The City's Wisconsin Sales and Use tax exemption number is ES 44381 State Statute No. 77.54(1) and (9a). Federal Excise Tax Certificate of Registry No. A-245518.
PACKAGING - Materials shall be clearly labeled and packaged in accordance with Federal and Wisconsin requirements and as specified in the terms and conditions of the Bid Invitation.
GUARANTEED DELIVERY: Failure by the contractor to adhere to the delivery schedule as specified, or to promptly replace rejected or defective materials, shall render the contractor liable for the difference between the "open market" and the contract price, and/or other costs as applicable under the Uniform Commercial Code.
EXTENSIONS - Agreements shall run for the period indicated. Any Option of Extension, if agreed to by both the City and the contractor, shall be exercised within sixty (60) days of the contract expiration date.
CANCELLATION - The City of Milwaukee reserves the right to cancel any order or contract for failure of the successful bidder to comply with terms, conditions & specifications of the Invitation to Bid.
SUBSTITUTIONS AND EQUIVALENTS - Substitutions or equivalents of specified items may be permitted at the sole discretion of the City Purchasing Director. If bidding other than the specified product make and model number, descriptive literature must be submitted with the bid. Failure to do so may be cause for bid rejection. Factors considered when evaluating the acceptance of a substitution or equivalent include but are not limited to considerations such as size, color, compatibility, performance capability, and/or warranty.
COUNTER OFFERS - Bids submitted with changes to any terms, conditions, specifications, or plans stated herein and made without approval from the Business Operations Division, Procurement Services Section prior to bid opening will be viewed as a counteroffer and may result in bid rejection.
SAFETY REQUIREMENTS - All material, equipment, and supplies provided to the City must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.
MATERIAL SAFETY DATA SHEETS - Bidders should supply the City, when applicable, with a MATERIAL SAFETY DATA SHEET for the material bid. In addition, the vendor should supply any material related to the safe use of this material and hazards associated with its use, including but not limited to installation procedures and personnel protective equipment requirements. All hazardous components shall be identified.
All data sheets should accompany the bid and have the bid number clearly printed on the first page. Failure to provide the appropriate material safety data sheets and related material, when applicable, may result in bid rejection.
RESERVATIONS - The right is reserved to (1) reject any or all bids; (2) award items separately or in the aggregate, whichever is the best interest of the City; (3) order within 10%, more or less, of the quantity specified.
NON-DISCRIMINATION - In performing in accordance with the terms of the Invitation to Bid Request, the vendor agrees not to discriminate against any qualified employee or qualified applicant for employment because of sex, race, religion, color, national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation, gender identity or expression, past or present membership in the military service, familial status, or based upon affiliation with, or perceived affiliation with any of these protected categories as defined in Section 109-45 of the Milwaukee Code of Ordinances. Vendor is required to include a similar provision in all subcontracts. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor further agrees to take affirmative action to insure equal employment opportunities for persons with disabilities. The contractor agrees to post in conspicuous places available for employees and applicants for employment notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. Wisconsin Statute 16.765(1) and (2), and provisions of section 109-45 of the Milwaukee Code of Ordinances.
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et. seq.
SPECIFICATION APPEALS - Specifications, if applicable, can be appealed by filing a written appeal with the City Purchasing Director at least five (5) working days prior to bid opening. EFFECTIVE AUGUST 8, 2001, THE FEE REQUIRED FOR A VENDOR TO APPEAL BID SPECIFICATIONS PURSUANT TO s. 16-05 OF THE CHARTER AND s. 310-19 OF THE CODE SHALL BE 1% OF THE ESTIMATED DOLLAR AMOUNT OF THE CONTRACT. IF YOUR APPEAL IS UPHELD, THE APPEAL FEE WILL BE REFUNDED. THE APPEAL FEE IS A PREREQUISITE FOR PURSUING THE APPEAL AND MUST ACCOMPANY YOUR APPEAL.
Contact the appropriate purchasing agent for filing instructions.
WITHDRAWAL OF BIDS - Bids may be withdrawn, only in total, prior to award, and only by written request to the appropriate Purchasing Agent. Bid withdrawal will only be granted in the case of an error that will result in a significant financial hardship to the bidder.
CONTRACTOR TAXPAYER IDENTIFICATION NUMBER - The contractor must provide accurate information related to its taxpayer identification number. If incorrect information is provided and the contractor fails to adequately and timely respond to the City's efforts to obtain corrected information, the City may impose a fee equal to the City's added costs for meeting backup withholding requirements. This sum may be deducted from payments owed the contractor pursuant to this or other contracts, or may be billed separately. Failure to cooperate with the City in this regard or failure to pay a fee imposed under this provision could result in the contractor being barred from participating in future City contracts.
INTEREST IN CONTRACT - No officer, employe, or agent of the City of Milwaukee who exercises any functions or responsibilities in connection with the review, approval or administration of this contract shall have any personal interest, direct or indirect, in this contract.
BID SUBMITTAL - Bids MUST be submitted on the forms provided by the City of Milwaukee. The use of other forms or attachments of conditions for bidding contrary to City of Milwaukee conditions may invalidate your bid.
BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME INDICATED ON THE BID WILL BE REJECTED.
FEDERAL EXECUTIVE ORDERS 12549 AND 12689 DEBARMENT AND SUSPENSION: The City of Milwaukee 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.
OTHER PROVISIONS - Both parties understand that the City is bound by the Wisconsin Public Records Law, and as such, all of the terms of this Agreement are subject to and conditioned on the provisions of Wis. Stat. Section 19.21, et seq. Contractor acknowledges that it is obligated to assist the City in retaining and producing records that are subject to Wisconsin Public Records Law, and that the failure to do so shall constitute a material breach of this Agreement, and that the Contractor must defend and hold the City harmless from liability under that law. Except as otherwise authorized, those records shall be maintained for a period of seven (7) years after receipt of final payment under this Agreement.
FAIR TRADE PROVISION: If this bid relates to the purchase of food or beverages, the contractor is urged to make Fair Trade products available in accordance with Common Council Resolution Number 070280 declaring the City of Milwaukee a Fair Trade City, effective July 18, 2007.