RFP Shell

Document Sample
RFP Shell Powered By Docstoc
					              REQUEST FOR PROPOSAL (RFP)

                               For

      SOUTHEAST WISCONSIN TRANSIT MARKETING PROJECT
                Research and Evaluation Initiative




                         RFP #265472



                            Issued by:

                     STATE OF WISCONSIN
             DEPARTMENT OF TRANSPORTATION
       Division of Transportation Investment Management
      Bureau of Transit, Local Roads, Railroads & Harbors



                Proposals must be submitted
                     no later than 2:00 PM
                        March 26, 2009
Important: See building security access restrictions in section 2.3




          LATE PROPOSALS WILL BE REJECTED
         There will not be a public opening for this RFP



              For further information regarding this
                   RFP contact Jane DeRosia
                        at (608)266-2236
              E-mail:jane.derosia@dot.state.wi.us



                         Issued: 2/19/09
                                               TABLE OF CONTENTS

1.0   GENERAL INFORMATION
      1.1    Introduction
      1.2    Definitions
      1.3    Scope
      1.4    Clarification and/or revisions of this RFP
      1.5    Reasonable accommodations
      1.6    Calendar of events
      1.7    Contract term and funding
      1.8    Certification for collection of sales and use tax
      1.9    VendorNet registration

2.0   PREPARING AND SUBMITTING A PROPOSAL
      2.1    General instructions
      2.2    Incurring costs
      2.3    Submitting the proposal
      2.4    Proposal organization and format
      2.5    Multiple proposals
      2.6    Withdrawal of proposals

3.0   PROPOSAL SELECTION AND AWARD PROCESS
      3.1    Evaluation committee
      3.2    Preliminary evaluation
      3.3    Right to reject proposals
      3.4    Proposal scoring
      3.5    Evaluation criteria
      3.6    Interviews/presentations
      3.7    Final evaluation
      3.8    Award and final offers
      3.9    Notification of intent to award
      3.10   Appeals process
      3.11   Negotiate contract terms

4.0   MANDATORY REQUIREMENTS

5.0   PROPOSER INFORMATION
      5.1    Organization capabilities
      5.2    Account information and background
      5.3    Staff qualifications
      5.4    Proposer references

6.0   DESIRED AND VALUE-ADDED CAPABILITIES AND SOLUTIONS
      6.1    Transit Industry Knowledge
      6.2    Southeast Wisconsin Regional Knowledge
      6.3    Case Studies

7.0   COST PROPOSAL
      7.1     General instructions for the cost proposal and how it will be scored
      7.2     Format for submitting cost proposal
      7.3     Fixed price period

8.0   REQUIRED FORMS
      8.1    Found in front section that precedes the Request for Proposal document:
      8.2    Found in the back section of the Request for Proposal document:
             Attachment A - Proposer Information Sheet
             Attachment B - References Sheet
             Attachment C - WisDOT MBE Program Awareness, Compliance & Action Plan
             Attachment D – Cost Proposal Form

9.0   DRAFT - PROPOSED CONTRACT
WISCONSIN DEPARTMENT                                                                                    RFP #265472
OF TRANSPORTATION                                                                                       Page 4 of 35


1.0   GENERAL INFORMATION

      1.1    Introduction
             The purpose of this document is to provide interested parties with information to enable them to prepare and submit a
             proposal for two and one-half year (30 months) Research and Evaluation Initiative for the Southeast Wisconsin Transit
             Marketing Project. The Southeast Wisconsin Transit Marketing Project is a coordinated marketing and research effort
             designed to improve the regional attitudes about public transportation and increase the patronage of municipal fixed-
             route bus systems in the area. Two separate Requests for Proposal (RFP) have been issued to obtain assistance for
             the marketing project, including: 1) a full-service market research agency; and 2) a full-service advertising agency. The
             research firm selected by this RFP will provide background data for use in development of a multi-media campaign
             that will be created by the awarded advertising agency. The research firm will also produce a post-campaign
             evaluation at conclusion to each advertising wave.

             The State as represented by its Wisconsin Department of Transportation (DOT) intends to use the results of this
             Request for Proposal to award a two and one-half year (30 months) contract for the Research and Evaluation portion
             of the marketing project.

             The contract administrator will be determined at the time of award.

             The WisDOT Purchasing Unit is the sole point of contact for the State of Wisconsin during the selection process. The
             person responsible for managing the procurement process is Jane DeRosia, Purchasing Agent.

      1.2    Definitions
             The following definitions are used throughout the RFP:
                 Agency means the Wisconsin Department of Transportation
                 Contractor means proposer awarded the contract
                 Department means the Wisconsin Department of Transportation
                 DOT or WisDOT means the Wisconsin Department of Transportation
                 MBE means Wisconsin-certified Minority Business Enterprise
                 Proposer/Vendor means a company or individual submitting a proposal in response to this RFP
                 SE WI Regional Marketing Partnership or the partners means the consortium between the Kenosha
                 Area Transit System, the Milwaukee County Transit System, the Racine Belle Urban System, the
                 Waukesha Metro Transit System, Washington County Transit System, Ozaukee County Transit System
                 and WisDOT.
                 State means the State of Wisconsin

      1.3    Scope
             1.3.1 Project Description
                   Southeastern Wisconsin is one of nine regions in the United States with severe air quality problems.
                   In addition, the region faces growing traffic congestion and mobility needs. Public transportation is a
                   cost effective way to address these regional problems. There are seven public urban transit
                   systems operating fixed-route bus service in Southeastern Wisconsin: the Kenosha Transit System,
                   the Milwaukee County Transit System, the Racine Belle Urban System, the Waukesha Metro
                   Transit System, the Ozaukee County Transit System, the Waukesha County Transit System, and
                   the Washington County Transit System. In total, these systems carry over 57 million passengers
                   per year.

             1.3.2     Objectives/Needs
                       The objectives of the comprehensive regional partnership include:

                       Image/Understanding – To increase positive attitudes and opinions about public transportation
                       services in Southeastern Wisconsin by stressing the key personal and community benefits that
                       public transportation provides.

                       Ridership – To increase short-term and long-term ridership levels for the public transit systems in
                       Southeastern Wisconsin.
WISCONSIN DEPARTMENT                                                                               RFP #265472
OF TRANSPORTATION                                                                                  Page 5 of 35


                       Research and Evaluation – To conduct ongoing market research that identifies key thematic and
                       positioning platforms; identifies key benchmarks of attitudes, awareness, ridership and other critical
                       factors; measures shifts in the key benchmarks within the Southeastern Wisconsin region that are
                       attributable to the partnership effort; and determines advertising recall levels and public perception
                       of the advertising and marketing materials and affiliated efforts produced for the partnership.

                       Coordination – To devise a system whereby the marketing partnership, the two project contractors,
                       and WisDOT will be able to communicate and coordinate efforts funded through the regional
                       marketing partnership and independent local efforts.

                       The purpose of the Request for Proposal is to identify and select a full-service market research
                       agency to satisfactorily accomplish the objectives identified for Research and Evaluation. A
                       separate Request for Proposal has been issued and awarded, which selected a full-service
                       advertising agency to satisfactorily accomplish the objectives identified for Image/Understanding
                       and Ridership. A steering committee composed of representatives from the partnership will be
                       charged with the primary responsibility for Coordination and program oversight during the project.
                       The vendor selected for the Image and Ridership Initiative and the vendor selected for the
                       Research and Evaluation Initiative will provide recommendations and assistance to facilitate the
                       coordination objectives of the partnership.
                       Seven transit systems have joined together with the Wisconsin Department of Transportation
                       (WisDOT) to form a partnership for the purpose of creating a regional marketing program. As part
                       of the funding arrangement for this program, each transit system will also conduct local marketing
                       efforts separate from the regional campaign based on the unique needs of their particular service
                       area. The research and evaluation assistance requested through this Request for Proposal will
                       focus only on the regional partnership activities and will not include the individual local marketing
                       efforts conducted by each transit system.

             1.3.3     History & Background
                       Beginning in 1996, the Southeast Wisconsin Marketing Project has been comprised of six
                       marketing waves (1996-97, 1998-99, and 2001-2002, 2003-2004, 2005-2006 and 2007-2008). Each
                       wave contained a marketing/advertising effort and a research/evaluation component. The project is
                       currently completing its seventh wave of advertising campaigns throughout 2009-2010. As stated
                       above, the marketing/advertising component for the next project wave (2003-2004/2009-2010) has
                       been awarded.

             1.3.4     General Responsibilities of WisDOT
                       Project Management: The project manager for the Southeast Wisconsin Transit Marketing Project
                       will be determined at the time of award. The manager will be the Department contact for contract
                       issues, invoices and payments, review of products, scheduling of meetings, and other necessary
                       managerial tasks for this project. The project manager will also be the primary point of contact with
                       the Contractor and will attend all project meetings.

             1.3.5     General Responsibilities of the Partners
                       1.3.5.1 Data: The partners have market research data on ridership demographics, bus patron
                               attitude studies, and opinion survey of the general public. The partners will forward a copy
                               of all available information to the Contractor for their use in the project.
                       1.3.5.2 Supplementary Data Collection: The partners will work with the Contractor to obtain other
                               information, which is available and has been requested by the Contractor.
WISCONSIN DEPARTMENT                                                                              RFP #265472
OF TRANSPORTATION                                                                                 Page 6 of 35



      1.4    Clarification and/or revisions of this RFP.
             Proposers are expected to raise any questions, noted errors, discrepancies, ambiguities, exceptions,
             additions or deficiencies they have concerning this proposal in writing (preferably email) on or before March
             5, 2009, to:

                       Jane DeRosia, Purchasing
                       WI Dept. of Transportation
                       PO Box 7396
                       Madison, WI 53707-7396
                       E-mail: jane.derosia@dot.state.wi.us

                       If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other
                       deficiency in this proposal after the above date, they shall immediately notify the above named
                       individual of such error and request modification or clarification of the proposal document before the
                       proposal opening date.

                       If the proposer fails to notify the WisDOT prior to the proposal due date of any condition stated
                       above that reasonably should have been known to the proposer, and if a contract is awarded to that
                       proposer, the proposer shall not be entitled to additional compensation or time by reason of the
                       error or its correction.

             Revisions to this proposal will be made only by an official written amendment issued by Purchasing.
             Proposers may attach additional relevant information to their proposal response.

      1.5    Reasonable accommodations
             WisDOT will provide reasonable accommodations, including the provision of informational material in an
             alternative format, for qualified individuals with disabilities upon request. If you think you need
             accommodations at a bid opening/proposer conference, contact Jane DeRosia, Purchasing, at
             (608) 266-2236 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1-800-947-3529.

      1.6    Calendar of events
             Listed below are specific and estimated dates and times of actions related to this Request for Proposal
             (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by
             WisDOT. In the event that WisDOT finds it necessary to change any of the specific dates and times, it will
             do so by issuing amendments to this RFP. There may or may not be a formal notification issued for
             changes of the estimated dates and times.

                               DATE                                           EVENT
                   2/19/09                        RFP issuance date
                   3/5/09                         Last day for submitting written questions
                   3/12/09                        Mail and post amendments to proposers, which include
                                                     answers to questions, supplements and/or revisions to
                                                     the RFP
                   3/26/09                        Proposals due on or before 2:00 p.m.
                   4/23/09                        Interviews/presentations (estimated date, if needed)
                   4/24/09                        Notification of intent to award sent to proposers (estimated)
                   5/5/09                         Contract award (estimated)
                   5/5/09                         Contract start date (estimated)

      1.7    Contract term and funding
             The contract shall be effective on the date indicated on the purchase order or contract and shall run for two
             and one-half years (30 months) from that date. By mutual agreement of the agency and the contractor, the
             contract may be renewed up to three (3) additional one-year periods.

             Annual funding for this project varies and may reach $70,000 per year.
WISCONSIN DEPARTMENT                                                                             RFP #265472
OF TRANSPORTATION                                                                                Page 7 of 35



      1.8    Certification for collection of sales and use tax
             The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any
             existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66, Wis.
             Stats., and related statutes regarding certification for collection of sales and use tax.

      1.9    VendorNet registration
             The State of Wisconsin’s purchasing information and vendor notification service is available to all
             businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet
             at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and
             services that the state buys, and tips on selling to the state. Vendors may use the same Web site address
             for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A
             subscription with notification guarantees the organization will receive an e-mail message each time a state
             agency, including any campus of the University of Wisconsin System, posts a request for bid or a request
             for proposal in their designated commodity/service area(s) with an estimated value over $25,000.
             Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are
             using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices
             of these simplified bid opportunities. If questions exist about VendorNet, call the VendorNet Information
             Center at 1-800-482-7813 or, for Madison area organizations, call 264-7898.

             Also, register for WisDOT’s vendor database by accessing our Purchasing web site:
             http://www.dot.wisconsin.gov/business/purchase/index.htm or by contacting via e-mail at
             tipscorrespondence.dbm@dot.state.wi.us or via telephone at 608-267-7723.

2.0   PREPARING AND SUBMITTING A PROPOSAL

      2.1    General instructions
             The evaluation and selection of a contractor will be based on the information submitted in the proposal plus
             references and any required on-site visits, interviews/presentations or demonstrations. Proposers should
             respond clearly and completely to all requirements. Failure to respond to each of the requirements in the
             RFP may be the basis for rejecting a proposal.

             Elaborate proposals (e.g. expensive artwork), beyond that sufficient to present a complete and effective
             proposal, are not necessary or desired.

      2.2    Incurring costs
             The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP.

      2.3    Submitting the proposal
             Proposers must submit, in a sealed package, One Original (identify) PLUS four (4) copies of all materials
             required for acceptance of their proposal on or before 2:00 PM, March 26, 2009 to:

                       U.S. Mail:                              UPS, Fed Ex, Airborne, etc.:
                       Purchasing                              Purchasing
                       WI Department of Transportation         WI Department of Transportation
                       4802 Sheboygan Ave., Room 751           4802 Sheboygan Ave., Room 751
                       PO Box 7396                             Madison, WI 53705
                       Madison, WI 53707-7396

             A proposer can hand deliver their proposal package on or before the date and time listed above. Because
             of increased building security, access to the WisDOT Purchasing Office is restricted and may cause
             delay if hand delivering your proposal. Allow ample time for security clearance to room 751.

             All proposals must be time-stamped by the WisDOT Purchasing Office by the stated time. Proposals not so
             stamped will not be accepted. Receipt of the proposal by the State mail system does not constitute receipt
             of the proposal by the WisDOT Purchasing Office.
WISCONSIN DEPARTMENT                                                                              RFP #265472
OF TRANSPORTATION                                                                                 Page 8 of 35



             WisDOT does not accept facsimile machine or e-mail submitted proposals. All proposals must be
             packaged, sealed, and show the following information on the outside of the package:

                       --   Proposer's Name and Address
                       --   Request for Proposal Title
                       --   Request for Proposal Number
                       --   Proposal Due Date

             COST PROPOSAL: Submit Original plus one (1) copy (Attachment D). Seal in an envelope and submit
             within the proposal package. The outside of the envelope should clearly state “Cost Proposal” and the
             name of proposer.

      2.4    Proposal organization and format
             Proposal should be typed and submitted on 8.5 by 11 inch paper and bound securely.

             Proposers responding to this RFP must comply with the following format requirements:

             (a)       Tab 1 - COVER LETTER, RFP SIGNATURE PAGES, DESIGNATION OF CONFIDENTIAL &
                       PROPRIETARY INFORMATION FORM, and PROPOSER INFORMATION SHEET: Include here
                       any cover letter, the RFP signature pages 1 & 2, any addendum/amendment signature pages, the
                       designation of confidential & proprietary information form found in the front section of the RFP; and
                       completed Attachment A--Proposer Information Sheet found at the back of this RFP. The Vendor
                       Agreement form is not required; inclusion is the proposer’s decision.

                       Proposals submitted in response to this RFP must be signed by the person in the proposer's
                       organization who is responsible for the proposal submittal, including prices. Each proposal shall
                       stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any
                       addendums/amendments thereof.

             (b)       Tab 2 - RESPONSE TO PROPOSER INFORMATION REQUIREMENTS: Responses to the
                       proposer information requirements must be in the same sequence and numbered as they appear in
                       this RFP. Include here completed Attachment B--References Sheet found at the back of this RFP.

             (c)       Tab 3 - DESIRED AND VALUE-ADDED CAPABILITIES AND SOLUTIONS: Responses to the
                       proposer solutions section must be in the same sequence and numbered as they appear in this
                       RFP.

             (d)       Tab 4 - WISDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARNESS,
                       COMPLIANCE & ACTION PLAN: Proposers must detail their action plan for potential MBE
                       subcontracts and/or MBE second-tier agreements. Include here completed Attachment C found at
                       the back of this RFP.

             (e)       Separate Envelope - COST PROPOSAL--Attachment D found at the back of this RFP. Provide cost
                       information as detailed in section 7.0 in this RFP. All costs, as requested, for furnishing the
                       product(s) and/or service(s) must be included in this proposal. The cost proposal must NOT be
                       listed in any other part of the proposal response.

      2.5    Multiple proposals
             Multiple proposals from a proposer will be permissible, however each proposal must conform fully to the
             requirements for proposal submission. Each such proposal must be separately submitted and labeled as
             Proposal #1, Proposal #2, etc. on each page included in the response.

      2.6    Withdrawal of proposals
             Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may
             withdraw a proposal, in writing, at any time up to the proposal due date and time or upon expiration of 180
WISCONSIN DEPARTMENT                                                                              RFP #265472
OF TRANSPORTATION                                                                                 Page 9 of 35


             days after the due date and time. The Purchasing Agent or Purchasing Supervisor managing this RFP
             process must receive the written withdrawal notice. An authorized representative of the proposer must sign
             the notice. If a previously submitted proposal is withdrawn before the proposal due date and time, the
             proposer may submit another proposal at any time up to the proposal due date and time.

3.0   PROPOSAL SELECTION AND AWARD PROCESS

      3.1    Evaluation committee
             WisDOT's evaluation committee will consist of members who have been selected because of their special
             expertise and knowledge of the service(s) and/or product(s) that are the subject of this RFP. Proposers
             may not contact members of the evaluation committee except at the WisDOT's request.

      3.2    Preliminary evaluation
             The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet
             mandatory requirements shall result in the proposal being rejected. In the event that all proposers do not
             meet one or more of the mandatory requirements, WisDOT reserves the right to continue the evaluation of
             the proposals that most closely meet the mandatory requirements of this RFP.

      3.3    Right to reject proposals
             The agency reserves the right to reject any and all proposals.

      3.4    Proposal scoring
             Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. The
             committee may review references, request interviews/presentations, conduct demonstrations and/or
             conduct on-site visits. The resulting information will be used to score the proposals. Proposals from state-
             certified Minority Business Enterprises (MBE) may have points weighted by a factor of 1.00 to 1.05 to
             provide up to a five percent (5%) preference to these businesses. The evaluation committee's scoring will
             be tabulated and proposals ranked based on the numerical scores received.

      3.5    Evaluation criteria
             The proposals will be scored using the following criteria:

                              Description       Points
                              A.                Proposer Information                   400
                                                (section 5.0)
                                                5.1 Organization Capabilities    200
                                                5.2 Account Information and      75
                                                Background
                                                5.3 Staff Qualifications         125

                              B.                Desired & Value-Added                  400
                                                Capabilities and Solutions
                                                (section 6.0)
                                                6.1 Transit Industry Knowledge   100
                                                6.2 Southeast Wisconsin          100
                                                Regional Knowledge
                                                6.3 Case Studies                 200

                              C.                Cost (section 7.0)                     200
                                                TOTAL                                  1000

      3.6    Interviews/presentations
             Top-scoring proposers, based on the evaluation of the written proposal, may be required to have
             interviews/presentations to support and clarify their proposals, if requested by the State. The State will
             make every reasonable attempt to schedule each interview/presentation at a time and location that is
             agreeable to the proposer. Failure of a proposer to complete a scheduled interview/presentation to the
WISCONSIN DEPARTMENT                                                                              RFP #265472
OF TRANSPORTATION                                                                                 Page 10 of 35


             State may result in rejection of that proposer's proposal. The WisDOT may conduct site visits of proposer
             and/or references’ facilities to clarify or confirm proposal information.

      3.7    Final evaluation
             Upon completion of any interviews/presentations and/or demonstrations by proposers, the WisDOT's
             evaluation team will review their evaluations and make adjustments to the requirements scores based on
             the information obtained in the interview/presentation, demonstration, possible reference checks, and any
             other pertinent proposer information.

      3.8    Award and final offers
             Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and
             responsible proposer after the original evaluation process is complete. Alternatively, the highest proposer or
             proposers may be requested to submit best and final offers. If WisDOT requests best and final offers, they
             will be evaluated against the stated criteria, scored, and ranked by the evaluation committee. The award will
             then be granted to the highest scoring proposer following that process. However, a proposer should not
             expect that WisDOT will request a best and final offer.

      3.9    Notification of intent to award
             All proposers who respond to this RFP will be notified in writing of WisDOT's intent to award the contract(s)
             as a result of this RFP.

             After notification of the intent to award is made, and under the supervision of agency staff, copies of
             proposals will be available for public inspection from 7:30 a.m. to 4:00 p.m., in the WisDOT Purchasing
             Section, Room 751, 4802 Sheboygan Avenue, Madison, Wisconsin. Proposers should make appointments
             to ensure that space and time are available for the review. Contact the Purchasing Agent managing this
             RFP process.

      3.10   Appeals process
             The appeals process applies only to those requests for proposal for services that result in a contract greater
             than $25,000. Notices of intent to protest and protests must be made in writing. Protestors should make
             their protests as specific as possible and should identify Wisconsin Statutes and Wisconsin Administrative
             Code provisions that are alleged to have been violated.

             The written notice of intent to protest the intent to award a contract must be filed with Frank J. Busalacchi,
             Secretary, Wisconsin Dept. of Transportation, 4802 Sheboygan Avenue, PO Box 7910, Madison, WI
             53707, phone number 608-266-1114, facsimile number 608-266-9912, and received in his office no later
             than five (5) working days after the notice of intent to award is issued.

             The written protest must be received in his office no later than ten (10) working days after the notice of
             intent to award is issued.

             The decision of the head of the procuring agency may be appealed to the Secretary of the Wisconsin Dept.
             of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring
             agency. The appeal must allege a violation of a Wisconsin Statute or a provision of the Wisconsin
             Administrative Code.

      3.11   Negotiate contract terms.
             The agency reserves the right to negotiate the terms of the contract, including the award amount, with the
             selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully
             with the highest scoring proposer, the agency may negotiate a contract with the next highest scoring
             proposer.
WISCONSIN DEPARTMENT                                                                               RFP #265472
OF TRANSPORTATION                                                                                  Page 11 of 35




4.0   MANDATORY REQUIREMENTS

      The following mandatory requirements must be complied with. Provide a point-by-point response (“comply” or “not
      comply”) to each and every mandatory requirement. Failure to meet a mandatory shall result in the rejection of your
      proposal. See Section 2.4 and 3.2 above.

      The deliverables for the Research and Evaluation portion of the Southeast Wisconsin Transit Marketing Project will
      include:

      4.1     A detailed proposal outlining a research program designed to measure the effectiveness of the
              partnership’s activities for approximately two years. The proposal should include a review of past studies
              and reports, which identify transit attitudes and perceptions, and transit ridership trends in Southeast
              Wisconsin. It should include detailed plans and methodologies to be used in the deliverables required in
              paragraphs 4.2, 4.3 and 4.4.

              The research design should clearly identify the types of qualitative and quantitative research recommended
              for the project. For each qualitative research and evaluation method proposed, identify the specific
              attributes, objectives, audience size and composition, and timing of each task. For each quantitative
              research and evaluation method proposed, identify the specific sample size for the region and each sub-
              area, and the associated degree of reliability for each. Indicate in the research design the geographical
              unit(s) (e.g., zip code, census block, transit service area, etc.) that is proposed for the development of the
              research and evaluation.

      4.2     A synthesis report summarizing the research done by the partners to date. This synthesis report will
              summarize and review key performance indicators going back to baseline research conducted in the period
              2005 - 2008 regarding ridership, awareness, ad message penetration, etc. As part of the syntheses report, it
              is requested that a literature review be made of research outside this project that deals with issues similar to
              those the Southeast Wisconsin Marketing Partnership deals with.

      4.3     Based on the initial proposal, complete up to two waves of research evaluating the activities of the partners.
              The final wave report will provide a comprehensive overview of the effectiveness of all activities.

      4.4     At the option of the partners, evaluate up to two specific marketing activities such as direct mail or email
              promotions.

      4.5     Complete conference reports on all meetings with the partners. These are to summarize decisions and
              deadlines and are due in three business days or less for review by the partners and the partner’s ad agency.

      4.6     Attendance at a total of three to four meetings per year including Project Review Committee meetings,
              applicable meetings for the Image and Ridership Initiative, applicable meetings of transit commissions, and
              other meetings as identified in the proposal.

      4.7     Develop a draft report that includes all work developed and performed in Tasks 4.1 through 4.6. The
              Contractor shall prepare and deliver eight (8) copies of the draft report for review by the Project Review
              Committee.

      4.8     Develop a final report which includes all work developed and performed in Tasks 4.1 through 4.6, and
              incorporates comments received by the Project Review Committee from Task 4.7. The Contractor shall
              prepare and deliver one (1) camera-ready version of the final report, twelve (12) copies of the final report,
              and a diskette containing the final report on WisDOT-compatible word processing software.

      4.9     The contractor will begin work on this project within 30 days of contract award. The contractor will complete
              all deliverables within thirty (30) months of the project start date. The contractor shall provide a project
WISCONSIN DEPARTMENT                                                                                RFP #265472
OF TRANSPORTATION                                                                                   Page 12 of 35


             schedule indicating completion of tasks as outlined in the Responsibilities of the Contractor/Scope of
             Services.

             The project schedule shall include the following:

             A. Complete a draft research design as identified in Task 4.1 within thirty (30) days of the project start-up
                date, and complete the final research design within forty-five (45) days of the project start-up date.

             B. Complete a draft synthesis report as identified in Task 4.2 within two (2) months of the project start-up
                date, and complete the final synthesis report within three (3) months of the project start-up date

             C. Complete the draft report as identified in Task 4.7 three (3) months after the completion of the Image
                and Ridership Initiative. Complete the final report as identified in Task 4.8 four (4) months after the
                completion of the Image and Ridership Initiative.

             D. The dates when meetings will be held with Department staff, the Project Review Committee, and any
                other recommended meetings.

5.0   PROPOSER INFORMATION (Submit under Tab 2 of proposal; see section 2.4 above)

      5.1    Organization capabilities (200 points)
             Please identify your firm's ability to develop and deliver market research and evaluation services by
             describing in detail your experience and capabilities in providing service similar to those required. Identify
             the location of account services, telephone call centers, focus group facilities and other appropriate
             facilities. Firms will be judged on the coordination and integration of these roles in similar market research
             programs. Firms will typically be awarded higher scores when providing these services in-house or with
             well-established business relationships.

             If your firm operates from more than one office, please specify which office or offices will handle work on
             this project, what portions of the project will be assigned, and the type of facilities and capabilities available
             at any location involved. When identifying key staff assigned to the project, please relate them to a location.

      5.2 Account information and background (75 points)
             5.2.1 Provide the number of active client accounts your agency is currently managing. How many total
                     projects do you anticipate managing for all clients in a typical calendar year?

             5.2.2     Describe the types of organizations your agency typically works with as well as typical projects.
                       Describe these typical projects (no more than five) with dates, methods, results, actions taken by
                       the clients, etc. It would be helpful to learn about typical projects that relate to the way you propose
                       to work with the Partnership.

             5.2.3     Based on your total bid price and assuming one-half of the bid price will be an annual billing on this
                       project, please tell us where this project would rank (e.g., 2nd highest out of 10 total) among the
                       projects you would manage in a typical calendar year (see response to 5.2.1 above).

      5.3    Staff qualifications (125 points)
             Identify key staff your company will assign to fulfill the contract requirements. Detail who would be contract
             manager(s), etc. Provide resumes describing the educational and work experiences for each of the key
             staff who would be assigned to the WisDOT project. Detail the number of hours for each key staff member
             that you estimate will be needed to fulfill the contract requirements. Detail what subcontractors, if any, will
             be used and what services they would perform.

      5.4    Proposer references
             Proposer must include in their proposal a list of no less than four (4) organizations and/or clients with whom
             the proposer has done business, similar to that required by this solicitation, in the last 3 years. Include
WISCONSIN DEPARTMENT                                                                                    RFP #265472
OF TRANSPORTATION                                                                                       Page 13 of 35


                    points of contact (person’s name, company name, address, and telephone number) and a brief description
                    of the project or assignment that was the basis for the business relationship. If contacted, all references
                    must verify that a high level of satisfaction was provided.

                    The procuring agency will determine which, if any, references to contact and/or to visit to assess the quality
                    of work performed and the personnel assigned to the project. The proposer will not be present during any
                    reference check calls and/or site visits. The results of any reference checks will be provided to evaluation
                    committee and used when scoring the written proposal. (NOTE: Potential subcontractors cannot be
                    references.)

                    Attachment B--References Sheet will be considered your response to this section. Attach extra sheets if
                    necessary. The WisDOT may also utilize other sources of information about the product(s) and/or
                    service(s) provided by the proposer.

6.0         DESIRED AND VALUE-ADDED CAPABILITIES AND SOLUTIONS (Submit under Tab 3; see section
            2.4 above)
            Proposers are encouraged to exceed mandatory requirements and should state any value-added solutions in your
            response. The following desired features will be scored based on their value to the WisDOT:

            6.1 Transit Industry Knowledge (100 points)
                 Provide a statement, no longer than one page, which characterizes and defines the business of public
                 transportation in your own words and enumerates its key benefits. The statement should briefly describe what
                 relevant measures transit systems in the region should track in regards to the project objectives of improved
                 image and understanding, and increased ridership.

            6.2 Southeast Wisconsin Regional Knowledge (100 points)
                 Identify the firm’s knowledge and experience in the region. Specifically describe past and existing clients
                 served in southeastern Wisconsin since 2005. Include approximate billing levels. Identify key staff proposed
                 in response to this Request for Proposals who were assigned to projects within the region, and briefly
                 describe the projects related to that experience.

            6.3 Case Studies (200 points)
                Include up to three case studies demonstrating successful market research projects that most closely relate
                to the purpose and outcome of the partnership activities in southeast Wisconsin. These case studies should
                be no longer than three pages each and include a client contact person, address, and phone number.

7.0         COST PROPOSAL

      7.1     General instructions for the cost proposal and how it will be scored
                  The cost proposal must be submitted in a separate envelope within the written proposal package. All prices
                  must be quoted in U.S. Dollars.

                    The Purchasing Agent will score the cost proposals by prorating with the lowest cost proposal given the
                    highest score. The formula is as follows: Calculation of points awarded to subsequent proposals will use the
                    lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as
                    the denominator. This number is then multiplied by the number of points given to the cost section of the
                    RFP, resulting in the cost proposal score.

                        Lowest Proposed Cost
                            (constant)              X     Maximum evaluation points given to cost        =   Score
                        Other Proposer's Cost
                      (varies according to proposal being scored)

            7.2     Format for submitting cost proposal. Use Cost Proposal--Attachment D.
WISCONSIN DEPARTMENT                                                                                RFP #265472
OF TRANSPORTATION                                                                                   Page 14 of 35



      Submit one original plus one copy.

              (1)     Labor cost (by individual and job title, list estimated hours, hourly rate and total cost)
                      List subcontractors’ costs, separately, using the same criteria.
              (2)     Overhead (show as a percent of labor) (list items included in overhead)
              (3)     Travel* (estimated transportation, lodging, meals, expenses)
              (4)     Other Direct Expenses (materials, communication, etc.)
              (5)     Specific equipment, software (list items)
              (6)     Maintenance of equipment, software (5 years costs)
              (7)     Training (specify how you want it priced: by hour, by course, on site, at vendor’s location)
              (8)     TOTAL COST

                    *State of Wisconsin’s current per-diem rates are:
                      Meals: breakfast $8, lunch $9, dinner $17 (including tax and tip)
                      Lodging: $70 per night, single, exclusive of tax
                           If work is in Milwaukee, Racine, or Waukesha County, the lodging rate is $80 per night
                      Mileage reimbursement: $0.485 per mile
                      Airfare: coach rates

              WisDOT will NOT pay hourly labor rate for consultant travel time.

      7.3     Fixed price period
              All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for
              ninety (90) days starting on the due date for proposals.

              The awarded contractor must hold the accepted prices and/or costs for the entire contract period. Any
              adjustment to prices and/or costs at the beginning of a contract renewal period will be negotiated between
              WisDOT and the Contractor.


8.0   REQUIRED FORMS

      The following forms must be completed and submitted with the proposal in accordance with the instructions given in
      Section 2.4. Blank forms are attached. Failure to submit all forms may result in rejection of your proposal.

      8.1     Found in front section that precedes the Request for Proposal document:
              8.1.1 Request for Proposal Signature Page
              8.1.2 Designation of Confidential and Proprietary Information Page
              8.1.3 Request for Proposal Signature Amendment Page (if any)

              Submit these forms under Tab 1; see section 2.4 above.

      8.2     Found in the back section of the Request for Proposal document:
              8.2.1 Proposer Information Sheet--Attachment A. Submit under Tab 1; see section 2.4.
              8.2.2 References Sheet--Attachment B. Submit under Tab 2; see sections 2.4 and 4.
              8.2.3 WisDOT MBE Program Awareness, Compliance & Action Plan--Attachment C. Submit under Tab
                      4; see section.
              8.2.4 Cost Proposal--Attachment D. Submit in separate sealed envelope within proposal package.
WISCONSIN DEPARTMENT                                                                             RFP #265472
OF TRANSPORTATION                                                                                Page 15 of 35
STATE OF WISCONSIN
DOA-3477 (R05/98)
ATTACHMENT A
PROPOSER INFORMATION--Submit this completed form under Tab 1 of proposal; see section 2.4
1.   PROPOSING COMPANY/ORGANIZATION NAME

        FEIN (Federal Employer ID Number)            OR        SOCIAL SECURITY NUMBER (if sole proprietorship)

     Phone     (   )                                 Toll Free Phone        (       )

     FAX       (   )                                 E-Mail Address

     Address

     City                                            State                Zip + 4



2.   Name the person to contact for questions concerning this proposal.
     Name                                              Title

     Phone     (   )                                   Toll Free Phone          (       )

     FAX       (   )                                   E-Mail Address

     Address

     City                                            State                Zip + 4



3.   Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
     department. Please name the Personnel/Human Resource and Development or other person responsible for
     affirmative action in the company to contact about this plan.
     Name                                              Title

     Phone     (   )                                   Toll Free Phone          (       )

     FAX       (   )                                   E-Mail Address

     Address

     City                                            State                Zip + 4



4.   Mailing address to which state purchase orders are mailed and person the department may contact
     concerning orders and billings.
     Name                                              Title

     Phone     (   )                                   Toll Free Phone          (       )

     FAX       (   )                                   E-Mail Address

     Address

     City                                            State                Zip + 4
WISCONSIN DEPARTMENT                                                                                   RFP #265472
OF TRANSPORTATION                                                                                      Page 16 of 35
STATE OF WISCONSIN
DOA-3478 (R12/96)
ATTACHMENT B
                                                   REFERENCES
                 (Submit this completed form under Tab 2 of proposal; see sections 2.4 for instructions)


PROPOSER:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) provided
to customers similar to those requested in this solicitation document. Potential subcontractors cannot be references. Any
subcontractor arrangement for the completion of this work shall be listed on a separate proposal page.

Company Name

Address (include Zip + 4)

Contact Person                                                           Phone No.

E-Mail Address


Product(s) Used and/or Service(s) Provided

Company Name

Address (include Zip + 4)

Contact Person                                                           Phone No.

E-Mail Address


Product(s) Used and/or Service(s) Provided

Company Name

Address (include Zip + 4)

Contact Person                                                           Phone No

E-Mail Address


Product(s) Used and/or Service(s) Provided

Company Name

Address (include Zip + 4)

Contact Person                                                           Phone No.

E-Mail Address


Product(s) Used and/or Service(s) Provided
WISCONSIN DEPARTMENT                                                                                   RFP #265472
OF TRANSPORTATION                                                                                      Page 17 of 35



Attachment C
                      WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
                            AWARENESS, COMPLIANCE & ACTION PLAN
As a matter of sound business practice, the Wisconsin Department of Transportation is committed to “supply diversity”
by promoting the use of minority business whenever and wherever possible. Further, as an agency of the State of
Wisconsin, WisDOT shares in the state goal of placing five (5) percent of its total annual purchasing dollars with state-
certified minority businesses.

State of Wisconsin procurement policy provides that Minority Business Enterprises (MBE) certified by the Wisconsin
Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to
participate in the performance of its contracts/projects.

You, as a contractor, are strongly urged to use due diligence to further this policy by awarding subcontracts to minority-
owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement
(second-tier suppliers), with a goal of awarding 5% of the contract price to such enterprises.

Monthly or Quarterly reports are requested to be submitted to the Department of Transportation Purchasing Unit’s
Minority Business Specialist, itemizing the costs of services and goods provided by certified firms. Reports should
state the costs for the previous contract/project month or quarter.

Authority for the MBE program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2),
and details about the program can be found at:
http://www.doa.state.wi.us/category.asp?linkcatid=677&linkid=113&locid=0

Your complete response on the following form must address the following components of your
company’s/organization’s commitment/action plan:

        a) Indication that you understand the WisDOT’s goal,
        b) Listing of any MBE vendors with which you intend to subcontract,
        c) Description of the various second tier MBE expenses (goods and services procured that are incidental to
           the contract/project; examples are: specific office supplies to perform the contract, percentage of cost for
           uniforms for contract staff, travel to perform the contract/project, percentage of facility maintenance
           services for your facility used directly by your staff during the contract/project period) your
           company/organization will be able to report that are in direct connection with the administration of this
           contract,
        d) Statement expressing your commitment to complete the required monthly or quarterly reports that will
           reflect your subcontracts and second-tier expenditures for the period.

For information on certified State of Wisconsin minority business enterprises, please contact:

        JoAnn Moore
        MBE Program Coordinator
        WisDOT Division of Business Management
        4802 Sheboygan Avenue, Room 751
        Madison, WI 53705
        Phone: 608-267-2886
        Fax: 608-267-4892
        www.dot.wisconsin.gov/business/mbe
        joann.moore@dot.state.wi.us

A partial listing of some certified minority business enterprises qualified for this RFP follows. A complete listing of
certified minority businesses, as well as the services and commodities they provide, is available on the web at:
www.doa.wi.gov/mbe and information regarding certification of minority businesses is available at:
http://commerce.wi.gov/BD/BD-MBD-Index.html
WISCONSIN DEPARTMENT                                                                                                            RFP #265472
OF TRANSPORTATION                                                                                                               Page 18 of 35



Bhargava Associates                                                            Market Probe, Inc.
5631 Longford Ter Apt 102                                                      2655 North Mayfair Road
Fitchburg, WI 53711-6909                                                       Milwaukee, WI 53226-1310

Contact: Ashok Bhargava                                                        Contact: T.R. Rao
Telephone: 608/238-6302                                                        Telephone: 414/778-6000
Fax: 608/238-4349                                                              Fax: 414/778-3730
Email Address: bhargava@aol.com                                                Email Address: tr@marketprobe.com
                                                                               Web site (will open in new browser window):
Business, management and economic consulting.                                  www.marketprobe.com
Forecasting, national and international business and
market analysis, business plans, evaluation, and                               Marketing, customer satisfaction, and statistical research
statistical analysis.                                                          services and consultation.
----------------------------------------------------------------------------   ----------------------------------------------------------------------------
Sales & Marketing Communications Assocs.                                       Spirit Winds Consulting, LLC
PO Box 511388                                                                  6793 North Conger Road
Milwaukee, WI 53203-0000                                                       Couderay, WI 54828-5116

Contact: Shelia I. Payton                                                      Contact: Jody M. Morrow
Telephone: 414/933-5100                                                        Telephone: 715/934-7800
Fax: 414/933-4228                                                              Fax: 715/934-7800
Email Address: sip7@sbcglobal.net                                              Web site (will open in new browser window):
                                                                               www.SpiritWindsConsulting.com
Marketing, communications, and public relations
planning, research, and implementation. Print and                              Business development, management consulting services,
broadcast advertising, ethnic advertising, and group                           and media development.
research.                                                                      ----------------------------------------------------------------------------
----------------------------------------------------------------------------
Torres & Company
1530 Cass Street, Suite A
Milwaukee, WI 53202

Contact: John M. Torres
Telephone: 414/273-0999
Fax: 414/273-4992
Email Address: uniyes@aol.com

Radio and Spanish Advertising; Media consulting, market
research, public relations, advertising and media
placement. Public information campaigns and
transportation issues.
----------------------------------------------------------------------------
WISCONSIN DEPARTMENT                                                                                            RFP #265472
OF TRANSPORTATION                                                                                               Page 19 of 35




ATTACHMENT C
                        WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
                             AWARENESS, COMPLIANCE & ACTION PLAN
                 Complete and sign--Submit under Tab 4 in the proposal; see section 2.4 above
Failure to complete this form as a component of your proposal may result in rejection of your proposal.

 Our company/organization is a Wisconsin-certified Minority Business Enterprise (MBE).                            Yes        No

 Our company/organization is a minority business but has not yet received Wisconsin
 certification (please provide details): _____________________________________________                            Yes        No

 We are aware of the WisDOT’s goal to spend at least 5% of their total annual purchasing
 dollars with state-certified MBE firms.                                                                          Yes        No

 We are aware that if awarded this contract/project our company/organization will provide
 monthly or quarterly reports to WisDOT reporting all expenditure activity directed to MBE                        Yes        No
 subcontractors or second-tier MBE suppliers that directly relate to this contract. (Any non-
 certified minority businesses could be a potential subcontractor/second-tier supplier--indicate
 these on your plan. WisDOT will work with those businesses for possible certification.)

 Subcontractors: Our company/organization intends to subcontract at least 5% dollar volume
 with certified MBE firms listed below (names, addresses, telephone numbers):                                     Yes        No




Second-tier Suppliers: In addition to direct subcontracting efforts, your company/organization can help WisDOT
achieve the 5% goal by managing your second-tier minority business purchases. Second-tier business refers to
incidental business expenses your company may spend with Wisconsin-certified MBE firms as it pursues the normal
course of business supplying the WisDOT-contracted products or services. Here are some examples:
      Percentage of your office supplies specifically used during the course of this contract/project.
      Percentage of uniform costs for staff performing this contract/project.
      If you travel to perform this contract/project, you could use a state-certified MBE travel agency and report that
         expense.
      Percentage of facilities maintenance services for facility(ies) directly used by your staff during the course of
         this contract/project.
These second-tier expenses can only be reported to the extent that they directly relate to your business with WisDOT.
The percentage of the expense you can report is determined by the amount of your WisDOT sales as it relates to your
total sales volume. Per the terms of your contract, you should actively pursue directing business towards these types
of companies, and report your efforts in this regard on a monthly basis.
***************************************************************************************************************************************
In paragraph form, describe your company/organization’s commitment/action plan with regard to the planned use of
state-certified MBE businesses in subcontracting efforts, as well as developing MBE second-tier suppliers. Please list
your specific commitments (attach sheet, if necessary).




SIGNATURE: _________________________________________ DATE: __________________________________

PRINTED NAME & TITLE: _______________________________________________________________________

COMPANY: __________________________________________ PHONE NUMBER: ________________________
WISCONSIN DEPARTMENT                                                                                  RFP #265472
OF TRANSPORTATION                                                                                     Page 20 of 35




ATTACHMENT D--Original plus one copy (Submit in separate envelope within proposal package)

   PROPOSER’S NAME ______________________________________________________________


                                                    COST PROPOSAL

                                                           Estimated
                                           Individual/     Number of                          EXTENDED
                                           Staff Level     Hours                  Hourly Rate TOTAL PRICE
   1. Labor cost* (by individual           $__________     __________             $__________ $____________
      & job title, list estimated hours,
      hourly rate, & total cost)

   2. Overhead (show % of labor)                                                                  $____________
      (attach specific breakdown of
      what is included in overhead)

   3. Travel**--estimated transportation,
      lodging, meals, expenses etc.
      (attach specific breakdown)                                                                 $____________

   4. Other Direct Expenses, estimated,
      by category (attach specific
      breakdown: materials,          $__________                                                  $____________
      communication, etc.)

   5. Equipment and/or software
       being purchased              Indicate quantity, unit price and total price
      (itemize as appropriate)  __________                                   $__________ $____________

   6. Maintenance of hardware/
      Software – request annual
      pricing for 3-5 years
      (itemize as appropriate)             __________ years                       $________/yr. $____________

   7. Training (attach price breakdown
      if necessary)                   $_______/Hr.         $_______/class         ON WisDOT SITE $____________
                                      $_______/Hr.         $_______/class         AT VENDOR      $____________

   8. TOTAL                                                                                       $____________

   *Attach detailed itemization of individuals or staff levels (titles). List subcontractors, separately, using the same
   criteria.
   **Reimbursement will be at State of Wisconsin’s current per-diem rate--see cost proposal format section 7.2.
WISCONSIN DEPARTMENT                                                                              RFP #265472
OF TRANSPORTATION                                                                                 Page 21 of 35



9.0    DRAFT - PROPOSED CONTRACT (to be completed and executed after award of RFP.) Do NOT
        sign or include in proposal.

State of Wisconsin                                    CONTRACT
Department of Transportation
DBM BBS Purchasing Unit
4802 Sheboygan Ave., Room 751
P.O. BOX 7396
Madison, WI 53707-7396




COMMODITY OR SERVICE:           SOUTHEAST WISCONSIN                              CONTRACT NO.:
                                TRANSIT MARKETING PROJECT
                                Research and Evaluation Initiative

REQUEST FOR PROPOSAL NO.: 265472                                                 CONTRACT PERIOD:
                                                                                 6/1/09 – 12/31/10
                                                                                 (option to renew 3 additional one-year
                                                                                 periods)


This contract is entered into by and between the State of Wisconsin Department of Transportation (hereafter referred to as
WisDOT) and the contractor, ______________________.




 FOR     STATE OF WISCONSIN                                        TO BE COMPLETED BY CONTRACTOR
         DEPARTMENT OF TRANSPORTATION
         (List division, bureau, etc.)                             FOR
                                                                                               Company Name

 BY
                                Signature


                                                                                              Company Address
                                 Printed

                                                                   BY
 TITLE                                                                                           Signature


 DATE
                                                                                                  Printed


                                                                   TITLE

                                                                   PHONE

                                                                   DATE
WISCONSIN DEPARTMENT                                                                              RFP #265472
OF TRANSPORTATION                                                                                 Page 22 of 35




I.      PARTIES TO THE CONTRACT
        This agreement, hereinafter referred to as the “Contract", shall be between the Wisconsin Department of
        Transportation, Division of Transportation Investment Management, hereinafter referred to as "WisDOT", and the
        successful proposer, ______________________, hereinafter referred to as the "Contractor" and/or “Provider”, for
        the procurement of marketing research, according to the terms set forth in this Contract.

        WisDOT Contract Administrator is:

II.     TERM OF CONTRACT
        Contract term is June 1, 2009 through December 31, 2010, with three one-year renewal options.

III.    EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT

        The WisDOT's Request for Proposal, the proposal response, written communications and this Agreement
        constitute the entire agreement between the parties. The hierarchy of documents in order for resolution is as
        follows:

           1. Official Wisconsin Department of Transportation Purchase Order and/or Contract (Standard Terms and
              Conditions attached to any of these procurement documents govern unless modified within the document)
           2. Written communications regarding contract terms agreed upon in writing
           3. Vendor’s Proposal as submitted
           4 Request for Proposal #265472

           Any conflict in terms shall be governed by the highest listed document.

IV.      CONTRACT REQUIREMENTS, WORK PLAN, DELIVERABLES, TIMETABLE, AND BUDGET
CHANGE TITLE OF SECTION ACCORDING TO CONTRACT NEED. Include either here or at the end of the document,
the negotiated contract requirements, work plan, deliverables, timetable, budget, etc. These could be documents copied
from the awarded contractor’s proposal. Any or all of these items can be taken out of the contract or called something
else, as appropriate for the procurement.

V.      BILLING & PAYMENT TERMS

        Awarded contract will follow the costs outlined in the Program Budget. Progress payments will be made from
        properly submitted invoices, each month, for rendered services and after approval by the WisDOT Contract
        Administrator, Ingrid Koch.

        Contractor must hold the accepted prices and/or costs for the entire contract period. Any adjustment to prices
        and/or costs at the beginning of a contract renewal period will be negotiated between WisDOT and the Contractor.

VI.     EMPLOYMENT
        In accordance with the Internal Revenue Code Section 3402(e), if the individual is a current State employee, all
        payments for services are deemed to be wages and must be payrolled. Wisconsin Statute Section 230.047 must
        be adhered to when utilizing current employees of other state agencies. All state employees are covered by the
        maximum additional earnings provision of Section 16.417(2) Wisconsin Statutes noted above.

        Furthermore, the contractor will not engage the services of any person or persons now employed by the state,
        including any department, commission or board thereof, to provide services relating to this agreement without the
        written consent of the agency/employer of such person or persons and of the agency head.

VII.    HOLD HARMLESS by WisDOT
WISCONSIN DEPARTMENT                                                                                    RFP #265472
OF TRANSPORTATION                                                                                       Page 23 of 35



        WisDOT agrees to provide liability protection for its officers, employees and agents while acting within the scope
        of their employment. WisDOT further agrees to hold harmless Contractor, its officers, agents and employees from
        any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and
        description (including death), or damages to persons or property arising out of or in connection with or occurring
        during the course of this agreement where such liability is founded upon or grows out of the acts or omissions of
        any of the officers, employees or agents of the WisDOT while acting within the scope of their employment where
        protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats.

        Hold Harmless by Contractor clause is found in the attached Standard Terms & Conditions, item 32.0.

VIII.   UNSATISFACTORY PERFORMANCE AND ‘CURE’ NOTICE
        The WisDOT contract administrator and/or the Purchasing Agent will warn the contractor verbally and/or in writing
        of unsatisfactory performance at any time during the contract period. Contractor will be given a period of time to
        ‘cure’ the performance. If performance does not improve to WisDOT’s satisfaction, the Purchasing Agent will
        consider termination of the contract following section XIV below.

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.

X.      CERTIFICATION OF SALES AND USE TAX
        The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing
        contract, if the vendor or contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and
        related statutes regarding certification for collection of sales and use tax.

XII.    PRIME AND SUBCONTRACTORS
        The prime contractor is responsible for performance of, payments to, and liability of their subcontractors.
        Subcontractors must abide by all terms and conditions of the contract. If subcontractors will be used, the prime
        contractor must clearly explain their participation to WisDOT.

XIII.   SMOKE-FREE ENVIRONMENT
        All buildings where this work is to be performed are smoke-free buildings. No smoking shall be permitted.

XIV.    SEPARABILITY
        If any provision of this contract 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 contract.

XV.     MINORITY BUSINESS SUBCONTRACTORS

        The Wisconsin Department of Transportation is committed to the promotion of minority businesses in the State’s
        purchasing program. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(3m), and 16.755.

        Contractor is strongly urged to use due diligence to further this policy by setting up subcontracts to state-certified
        Minority Business Enterprises (MBE) and/or by using such enterprises to provide goods and services incidental to
        this contract (second-tier suppliers), with a goal of awarding 5% of the contract cost to such enterprises. An MBE
        means a business certified, or certifiable, by the Wisconsin Department of Commerce under Statute 560.036(2).
WISCONSIN DEPARTMENT                                                                                RFP #265472
OF TRANSPORTATION                                                                                   Page 24 of 35



      Contractor’s submitted WisDOT MBE Program Awareness, Compliance & Action Plan (included in their
      proposal) indicating their proposed utilization of state-certified minority businesses will be the basis for this effort
      during the contract term. Contact the State’s Minority Business Manager for assistance in locating certified firms at
      (608) 267-3293 or the WisDOT Minority Business Program Coordinator at 608-267-2886. A listing of State of
      Wisconsin certified minority businesses, as well as the services and commodities they provide, is on the State-
      certified MBE web site: www.doa.wi.gov/mbe

      Monthly or Quarterly [select one] reports (example follows), as agreed, are requested to be submitted to the
      Department of Transportation, Purchasing Unit, itemizing the deliveries and cost of items or services provided by
      certified firms. Reports should state the costs for the previous contract month or quarter [select one]. The
      department reserves the right to verify with listed firms their involvement as subcontractors or second-tier
      suppliers.
WISCONSIN DEPARTMENT                                                                                                   RFP #265472
OF TRANSPORTATION                                                                                                      Page 25 of 35



                                       MINORITY BUSINESS PARTICIPATION REPORT
                                                         Wisconsin Department of Transportation
                                                        DT1230 8/2006 s.16.75(3m) Wis. Stats.


Return via FAX to:              608-267-3609, ATTN: Purchasing Minority Business Coordinator
OR
Return via e-mail to:           tipscorrespondence.dbm@dot.state.wi.us
Report Date                     Contract / Purchase Order #        Time Period Covered by Report
                                                                       Monthly:                                   through
                                                                       Quarterly:       #1            #2             #3            #4

Project Name / Contract Title


Prime Vendor / Contractor Name                                             Federal Employer Identification Number – FEIN




                   Minority Vendor                                         Product / Service                   Subcontract        Second Tier
   Contractor Name, Address and Telephone Number                              Purchased                         $ Amount           $ Amount




If no business was awarded to Minority Business Enterprises (MBE) for this period, please describe the efforts made to
encourage minority business participation. If you have questions, please call the WisDOT Minority Business Program
Specialist, 608-267-2886.
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________

I certify that the information contained on this report is true and correct.
I also certify that I am an authorized representative of the above-identified Prime Vendor / Contractor.

                                                                                    (Prime Vendor/Contractor Authorized Representative Name)


                                                                                                             (Title)
WISCONSIN DEPARTMENT                                                                                                         RFP #265472
OF TRANSPORTATION                                                                                                            Page 26 of 35



Contract Appendix A
                                                FEDERAL CONTRACT CLAUSES
                                      REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION

1. Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC § 6321 et seq. and 49 CFR Part 18, U.S. Department of
Transportation regulations.
2. Clean Water
A.   The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as
     amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser
     will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
B.   The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal
     assistance provided by FTA.
3. Clean Air
A.   The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
     §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report
     each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
B.   The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal
     ssistance provided by FTA.
3. Lobbying
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying."
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to
that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
4. Access to Records and Reports (in addition to section 7.0 of the attached Supplemental Standard Terms and
Conditions--Appendix B)
The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49
     C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of
     their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract
     for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the
     FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites
     pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
     at 49 U.S.C. 5307, 5309 or 5311.
B. Where the Purchaser is a State and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor
     agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the
     Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
     assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than
     the simplified acquisition threshold currently set at $100,000.
C. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an
     institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in
     accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or
     any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent
     to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
D. Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a
     contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make
     available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or
     employee of any of them for the purposes of conducting an audit and inspection.
E. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
     reasonably needed.
F. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years
     after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of
     this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of
WISCONSIN DEPARTMENT                                                                                                           RFP #265472
OF TRANSPORTATION                                                                                                              Page 27 of 35



     their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
     18.39(i)(11).
G.   FTA does not require the inclusion of these requirements in subcontracts.
5. Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
6. Clean Air
A.   The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
     §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report
     each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
B.   The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal
     assistance provided by FTA.
7. Recycled Products
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of
the items designated in Subpart B of 40 CFR Part 247.
8. No Obligation by the Federal Government.
A.   The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the
     solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a
     party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party
     to that contract) pertaining to any matter resulting from the underlying contract.
B.   The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is
     further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
9. Program Fraud and False or Fraudulent Statements or Related Acts.
A.   The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and
     U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
     underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or
     causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to
     other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
     claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
     Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
B.   The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
     certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance
     originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001
     and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
C.   The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA.
     It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
10. Government-wide Debarment and Suspension (non-procurement)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its
principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and
29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower
tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
     The certification in this clause is a material representation of fact relied upon by WisDOT. If it is later determined that the bidder or proposer
     knowingly rendered an erroneous certification, in addition to remedies available to WisDOT, the Federal Government may pursue available
     remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29,
     Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to
     include a provision requiring such compliance in its lower tier covered transactions.
WISCONSIN DEPARTMENT                                                                                                          RFP #265472
OF TRANSPORTATION                                                                                                             Page 28 of 35



11. Breaches and Dispute Resolution
A.   Disputes - Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the
     authorized representative of State of Wisconsin, Chief of Public Transit. This decision shall be final and conclusive unless within ten (10) days
     from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Chief of the Public Transit Section. In
     connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The
     decision of the Chief of Public Transit shall be binding upon the Contractor and the Contractor shall abide be the decision. Unless otherwise
     directed by Chief of Public Transit, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
B.   Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party
     or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such
     other party within a reasonable time after the first observance of such injury of damage.
C.   Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and
     the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of
     competent jurisdiction within the State in which the (Recipient) is located.
D.   Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be
     in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act
     by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any
     such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
12. Disadvantaged Business Enterprises (DBE)
A.   Policy - It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBE) as defined in 49 CFR Part 26
     shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement.
     Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement.
B.   DBE Obligation - The Recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the
     opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this
     Agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure
     nondiscrimination in the award and administration of all contracts and sub-agreements supported with Federal assistance from the U.S. D.O.T.
13. Access to Records
The following access to records requirements applies to this Contract.
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49
     C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of
     their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract
     for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the
     FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites
     pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
     at 49 U.S.C. 5307, 5309 or 5311.
B. Where the Purchaser is a State and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor
     agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the
     Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
     assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than
     the simplified acquisition threshold currently set at $100,000.
C. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an
     institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in
     accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or
     any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent
     to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
D. Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a
     contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make
     available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or
     employee of any of them for the purposes of conducting an audit and inspection.
E. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
     reasonably needed.
F. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years
     after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of
     this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of
WISCONSIN DEPARTMENT                                                                                                         RFP #265472
OF TRANSPORTATION                                                                                                            Page 29 of 35



     their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
     18.39(i)(11).
14. Civil Rights
The following requirements apply to the underlying contract:
A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act
     of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at
     49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color,
     creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and
     other implementing requirements FTA may issue.
B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
     1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal
          transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.
          Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
          of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
          Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and
          with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities
          undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
          employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action 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. In addition, the Contractor agrees to comply
          with any implementing requirements FTA may issue.
     2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit
          law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In
          addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
     3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees
          that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
          Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
          addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
C. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by
     FTA, modified only if necessary to identify the affected parties.
15. Termination
A.   Termination for Convenience (General Provision) The WisDOT may terminate this contract, in whole or in part, at any time by written notice to the
     Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work
     performed up to the time of termination. The Contractor shall promptly submit its termination claim to WisDOT to be paid the Contractor. If the
     Contractor has any property in its possession belonging to the WisDOT, the Contractor will account for the same, and dispose of it in the manner
     the WisDOT directs.
B.   Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery
     schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to
     comply with any other provisions of the contract, the WisDOT may terminate this contract for default. Serving a notice of termination on the
     contractor setting forth the manner in which the Contractor is in default shall effect termination. The contractor will only be paid the contract price
     for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
     If it is later determined by the WisDOT that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events
     which are not the fault of or are beyond the control of the Contractor, the WisDOT, after setting up a new delivery of performance schedule, may
     allow the Contractor to continue work, or treat the termination as a termination for convenience.
C.   Opportunity to Cure (General Provision) - The WisDOT in its sole discretion may, in the case of a termination for breach or default, allow the
     Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in
     which cure is permitted and other appropriate conditions
     If Contractor fails to remedy to WisDOT's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten
     (10) days] after receipt by Contractor of written notice from WisDOT setting forth the nature of said breach or default, WisDOT shall have the right
     to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude
     WisDOT from also pursuing all available remedies against Contractor and its sureties for said breach or default.
WISCONSIN DEPARTMENT                                                                                                              RFP #265472
OF TRANSPORTATION                                                                                                                 Page 30 of 35



D.   Waiver of Remedies for any Breach In the event that WisDOT elects to waive its remedies for any breach by Contractor of any covenant, term or
     condition of this Contract, such waiver by WisDOT shall not limit WisDOT's remedies for any succeeding breach of that or of any other term,
     covenant, or condition of this Contract.
E.   Termination for Convenience (Professional or Transit Service Contracts) - The WisDOT, by written notice, may terminate this contract, in whole or
     in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment
     provisions of this contract for services rendered before the effective date of termination.
F.   Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this
     contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the WisDOT may terminate this contract for
     default. The Recipient shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor
     will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set
     forth in this contract.
     If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the
     parties shall be the same as if the termination had been issued for the convenience of the Recipient.
16. Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any WisDOT requests that would cause WisDOT
to be in violation of the FTA terms and conditions.
WISCONSIN DEPARTMENT                                                                                            RFP #265472
OF TRANSPORTATION                                                                                               Page 31 of 35


Contract Appendix A
                                   STANDARD TERMS & CONDITIONS, DOA-3054 (R10/2005)

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.

10.0   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.

11.0   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.
WISCONSIN DEPARTMENT                                                                                               RFP #265472
OF TRANSPORTATION                                                                                                  Page 32 of 35


12.0   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.

13.0   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.

14.0   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.

15.0   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.
       The State of Wisconsin 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. The State of Wisconsin
       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.

16.0   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.

17.0   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.

18.0   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.

19.0   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.

       19.1   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) 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.

       19.2   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.

       19.3   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.

20.0   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.
WISCONSIN DEPARTMENT                                                                                           RFP #265472
OF TRANSPORTATION                                                                                              Page 33 of 35


21.0   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 and all applicable OSHA Standards.

22.0   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.

23.0   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 employees engaged in the
              work.

       23.2   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.

       23.3   The state reserves the right to require higher or lower limits where warranted.

24.0   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.

25.0   VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset
       by the State of Wisconsin.

26.0   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.

27.0   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.

       27.1   Data contained in a bid/proposal, 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 the State of Wisconsin.

       27.2   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/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.

28.0   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 the state 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.

29.0   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.

30.0   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).
WISCONSIN DEPARTMENT                                                                                               RFP #265472
OF TRANSPORTATION                                                                                                  Page 34 of 35



31.0    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 the State of Wisconsin. Release of
        broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting
        agency.

32.0    HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its 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.

33.0    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.

34.0    WORK CENTER PROGRAM: The successful bidder/proposer 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/proposer 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.

35.0    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.




Contract Appendix B
       SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR PROCUREMENT OF SERVICES, DOA-3681 (R01/2001)

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.
WISCONSIN DEPARTMENT                                                                                             RFP #265472
OF TRANSPORTATION                                                                                                Page 35 of 35


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 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. The contractor will retain all
      documents applicable to the contract for a period of not less than three (3) years after final payment is made.

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.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:13
posted:4/30/2012
language:
pages:34