State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: WI Dept. of Natural Resources Attn: Richard M. Straub 101 S. Webster St., Room 161 PO Box 7921 Madison, WI 53703-7921 Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # G-010-08. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID Bids MUST be in this office no later than THIS IS NOT AN ORDER 11:00 AM CDT, Friday, August 18, 2006 BIDDER (Name and Address) Name (Contact for further information) Richard M. Straub (email address: richard.straub@dnr.state.wi.us) Phone Date (608) 261-6415 July 31, 2006 Quote Price and Delivery FOB Destination Fax bids are accepted Item No. Quantity and Unit 1 project Description Fax bids are not accepted Price Per Unit Total The WI DNR’s Forestry Division is soliciting bids for vertical CIR leaf-on stereoscopic aerial photography and, scanned images to support the sustainable management of forests in Wisconsin per the attached Technical Specifications, Special Conditions of Bid, Bid Price Sheet, Standard Terms and Conditions and Supplemental Standard Terms and Conditions for Procurements for Services. Note: Please complete, sign and return the following forms: Request for Bid Form, Bid Price Sheet, Request for Information form #9200-103,Vendor Information Form, Vendor Reference Form, the required camera calibration certificate from the USGS and statements of qualification. Use the Bid Checklist to ensure submission of complete bid. Special Note: The successful bidder will be required to sign a contract. An example contract is included with this bid package. Do not sign this example version as it is for Informational purposes only. The contract awarded as a result of this bid may be extended for three additional twoyear flight periods. Questions on the Technical Specifications may be directed to Janel Pike (608 266-2050) Payment Terms Delivery Time We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Signature of Above Title Phone Date Fax Federal Employer Identification No. This form can be made available in accessible formats upon request to qualified individuals with disabilities ( ( ) ) Social Security No. if Sole Proprietor (Voluntary) Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R02/2004) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 2.0 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. 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 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. 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 6.2 6.3 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. 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. 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). A good faith dispute creates an exception to prompt payment. 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 DOA-3054 Page 2 of 3 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: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 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. 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, the Rules of the Industrial Commission on Safety, 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: 24.0 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. 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. DOA-3054 Page 3 of 3 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. 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). 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) 266-3590. 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 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 28.0 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. 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. . State of Wisconsin Department of Administration Division of Agency Services Bureau of Procurement DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats. Supplemental Standard Terms and Conditions for Procurements for Services 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues. 2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement: 2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor; 2.2 Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition. 2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state. 3.2 Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state. 4.0 DUAL EMPLOYMENT: Section 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. SPECIAL CONDITIONS OF BID RFB #G-010-08 WISCONSIN FOREST AERIAL PHOTOGRAPHY PROJECT A. Scope: The Wisconsin Department of Natural Resources, Division of Forestry (DNR-FR) is soliciting bids to award a contract for the acquisition of stereo aerial photographs and scanned images to support the sustainable management of over 16 million acres of forest land and urban forest in Wisconsin. This contract will enable DNR-FR to update the Wisconsin Forest Aerial Photography project and replace photography that is ten years old. This project involves updating the current photos for one-fourth of the state over a two-year flight schedule. For the purposes of the project the state is divided into four quadrants and the initial contract as a result of this bid will cover the NorthEast quadrant of the state. The successful contractor will then be offered the opportunity to renew the contract for up to three additional two-year flight schedules to provide photos for the remaining three quadrants. At this time the agency is updating the type of photos used for this project. The existing photos are black and white infrared (IR) stereo aerial photographs. The agency is updating our photo standards to color infrared stereo aerial photographs and is changing the timing of when color IR photos will be taken. The agency is also considering vendor provision of scanned images of film negatives in addition to the contact prints required. Vendors are being asked to submit bids based on a fall, peak-color, flight season (as detailed in the Technical Specifications and Products document) and are being asked to provide optional prices for scanned images of film negatives. The successful bidder shall be responsible for full and satisfactory completion of the contract and all costs including: all expenses and costs associated with the photography including, but not limited to, those related to aircraft, personnel, film and processing, editing and photo indexes; delivery of the color negatives of the area photographed; delivery of 2 sets of contact prints providing complete stereoscopic coverage of each county in the contract area, and delivery of 2 sets of photo index maps for each county of the area. If the agency determines a need for the optional scanned images of film negatives, the successful bidder shall also be responsible for their delivery per the requirements. B. Contract and Contract Term: The Contractor will be required to sign the Department’s standard contract. An example copy is included with this bid package. The initial contract period will cover the time from bid award through January 31, 2008. C. Contract Extensions: This contract is subject to three two-year optional extensions as needed to cover three additional quadrants of the state. These will not be automatic extensions. At the end of each contract period the contractor will be asked to provide prices to cover the needed photography services for the next quadrant . The vendor price for this new photography is to be based on the criteria used by the vendor when establishing the prices bid for photographing the counties identified in this request for bid. An evaluation of the future prices offered will be conducted and a decision will be made by the agency whether to negotiate a contract extension or pursue other contract avenues. The evaluation will allow for the adjustment of the original prices bid based on the changes in the distance to be flown, changes in aircraft expenses, and changes in the amount of film, paper and chemicals required or changes in the number of images to be scanned. Any extension must be by mutual agreement of both parties. Agency needs beyond this potential 8-year contract will be evaluated at that time, with future bids and contracts being conducted and established as the need for services dictate. D. Bidder Qualifications: Bidder must be currently in the business of providing aerial photography services, and must submit the following in response to this requirement: A certified statement of facts of the bidder's business and technical organization available for the work contemplated under this contract including the bidder's experience in taking aerial photography of the type and nature specified herein. A certified statement detailing the equipment and technical procedures the bidder proposes to use to comply with and compliment the requirements established in the following sections of the attached Technical Specifications and Products documents: Sec. D., Camera and Scale, Sec.I., Film and Filter; Sec. J, Color Infrared Negatives; and Sec. K., Prints and Optional Scanned Images. A completed Vendor Reference form (DOA 3478) detailing at least three (3) references which support completion of services similar to those required for this bid. A completed Vendor Information Form (DOA 3477). A completed DNR Form #9200-103. A bidder’s failure to supply the required and completed forms or failure to supply references which support their firms ability to meet the requirements of this bid are grounds for elimination of their bid from further consideration. The Department's determination that the bidder lacks adequate experience, capital or equipment necessary for the satisfactory completion of the work shall constitute sufficient cause for disqualification as an eligible bidder. In addition, past performance on similar projects will be assessed and, if determined deficient by the Department, shall constitute sufficient cause for disqualification as an eligible bidder. E. Specifications: The specifications shown on the attached Technical Specifications and Products document are the minimum acceptable specifications for the services, the photographs and the scanned images desired. The requirements as listed in this document will be included in any contract signed as a result of this solicitation. In the example contract attached there are references to an Appendix 1, but no such document is actually attached to the example contract. Bidders should expect that the final contract will have an Appendix 1 that will be based on the awarded bid and the Technical Specifications and Products document along with the Exhibit A and Exhibit B documents. F. Method of Bid: Bidders are requested to submit a total price on the attached Bid Price Sheet for a complete set of stereo photographs (includes contact prints, color negatives and photo index maps) for all fourteen (14) counties. Bidders are also required to submit a bid price to provide the optional scanned images of film negatives that the agency may determine are required. The purchase of the scanned images is optional for DNR-FR, but all vendors bidding must be able to offer this service and deliver this product if DNR-FR desires to purchase it. Bidders shall indicate on the outside of their bid response envelope the bid number, the date and time of the bid opening, and in large letters “SEALED BID ENCLOSED”. Late bids and unsigned bids will be rejected. G. Method of Award: The agency will determine based on the prices bid if optional scanned images will be part of the contract. The award will then be made to the lowest responsive and responsible bidder based on the prices submitted on the Bid Price Sheet for the desired contract services. Bidders are directed to use the attached Bid Checklist as a tool to help them submit a complete bid package. H. Bid Opening: There will be a public bid opening on Friday, August 18, 2006 at 11:00 AM (CDT) at the address indicated for bid submission on the Request for Bid Form. I. How to get on the State of Wisconsin’s Bidders List: Vendors are directed to the State of Wisconsin’s computerized vendor information system, ”VendorNet”, for additional electronic copies of this bid package, and for information on receiving automatic notification of all state agency procurements over $25,000 in a vendors particular area of interest. The web address for VendorNet is http://vendornet.state.wi.us. If there is a need to solicit bids for additional services upon the completion of the contract initiated by this procurement, only vendors registered with “VendorNet” will receive automatic notification of the bid. Your firms’ receipt of this bid in the mail does not guarantee receipt of future bids for these services. J. 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. K. Minority Business (MBE) requirements: The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business enterprises 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. The supplier/contractor is 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, with a goal of awarding at least 5% of the contract price to such enterprises. L. Appeals Process: Notices of intent to protest and protests shall be made in writing. Protesters shall make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions which are alleged to have been violated. Any protest of this DNR solicitation or of any intent to award issued as a result of this RFB process, must be made as provided by the Wisconsin Administrative Code and the State Procurement Manual. No later than five (5) working days after the date of this solicitation or no later than five (5) working days after any intent to award is issued by DNR, a written notice of a vendor’s intent to protest must be received by: Scott Hassett– Secretary c/o Dave Behn Wisconsin Department of Natural Resources 101 S. Webster Street PO Box 7921 Madison, WI 53703-7921 The complete written protest must then be received by the DNR Secretary (and/or his designee) at the above address, no later than ten (10) working days after any notice of intent to award is issued, or no later than ten (10) working dates after the date of this solicitation. All properly filed protests will be reviewed and the DNR Secretary will issue a decision regarding the protest. The decision of the DNR Secretary may then be appealed to the Secretary of the Department of Administration within five (5) working days of its issuance, with a copy of such appeal filed with the DNR, provided that the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code. This appeals process shall only apply to those contracts greater than $25,000 which are initiated as a result of this solicitation process. RFB #G-010-08 WISCONSIN FOREST AERIAL PHOTOGRAPHY PROJECT TECHNICAL SPECIFICATIONS AND PRODUCTS STEREOSCOPIC AERIAL PHOTOGRAPHY A. SCOPE OF WORK The Department of Natural Resources has been authorized to update the Wisconsin Forest Aerial Photography project. Vertical leaf on stereoscopic aerial photography at a scale of 1:15,840 (1” = 1,320’) is to be flown and photographed on color infrared (CIR) film. Photography shall include all land and islands in the 14 counties listed in Section M (below). B. SEASON i) Photography will be conducted during the Fall during each of the following 2 periods unless written permission for alternative dates has been received from the Department: September 20 to October 10, 2006; and September 20 to October 10, 2007 ii) A minimum of 35% of the project area must be completed the first season. If this is not accomplished, five percent of the total contract price will be deducted from the final billing. C. TIME OF DAY i) ii) iii) Photography may not be undertaken unless sun angle is over 30 degrees above the horizon. No photography shall be undertaken on days when weather conditions are such that satisfactory results cannot be obtained. The Contractor will be responsible for estimating weather conditions, and no payment will be made for photographs or scanned images of film negatives that are unsatisfactory due to unsuitable weather conditions. The Contractor shall maintain in his file a complete set of flight logs and weather data and shall provide a legible copy of each upon request to the Department. D. CAMERA AND SCALE i) Aerial Camera a) The camera shall be a precision 6" focal length, forward motion compensation (FMC), vertical format, mapping camera capable of taking 9" x 9" aerial photographs. The camera shall be mounted in the aircraft in such a manner that the film advances parallel with the line of flight allowing uncut film negatives to be viewed stereoscopically. The camera and lens specifications outlined below shall meet requirements based on a U.S. Geological Survey Report of Calibration. Failure of the camera to meet all of the specified requirements shall be cause for rejection of the bid. b) Calibrated focal length - 152.4 mm +/- 3.0 mm c) Usable angular field - at least 90 degrees. d) Shutter - The camera shall be equipped with a between the lens shutter with variable speed settings such that in conjunction with flight height and aircraft speed, the camera will produce high definition photographs at full aperture. e) Magazine platten - The camera shall be equipped with an approved means of flattening the film at the instant of exposure. The platten against which the film is pressed shall not depart from a true plane by more than 13 um when the camera/magazine vacuum is applied. f) Fiducial Marks - The camera shall produce eight (8) fiducial marks which are clear and well defined on each CIR negative. The marks shall be located in each corner and at the center of each side. g) Camera Lens: 1) Calibrated focal length - 152.4 mm +/- 3.0 mm 2) Usable angular field - at least 90 degrees 3) Radial distortion - Radial distortion in the usable angular field based on the calibrated focal length referred to the calibrated principal point shall not exceed 10 um for any tested point. 4) ii) Resolution - the lens shall have an area weighted resolution (AWAR) of at least 80.0 line pairs per millimeter as determined by the U.S. Geological Survey Report of Calibration. h) Camera Calibration: For any photograph taken during the period of this contract, there shall be a camera calibration report prepared by the U.S. Geological Survey Optical Calibration Laboratory, which reflects the current condition of the camera. The Contractor is required to submit with their bid response a clean, legible copy of the camera calibration certificate from the United States Geological Survey (USGS), which is no older than 36 months. A camera calibration certificate shall then be submitted to the Department prior to July 1 each subsequent year of the contract, which shall be less than three (3) years old. Cameras with outdated calibration reports will not be authorized for use. The report shall be based on the Laboratory's standard tests and measurements, made after complete assembly of all parts of the camera unit. Scale - The camera shall expose a 9x9 inch CIR negative. The flight height above the average elevation of the ground shall be such that CIR negatives in each county will have an average scale of 1:15,840. No CIR negative may have an average departure from the average scale of more than five (5) percent because of tilt or abrupt change in flying altitude. Scale that may exceed five (5) percent average departure because of ground relief variance shall be approved by the Department prior to the photography. E. FLIGHT LINES AND STRIPS: Flight lines shall be planned and numbered by the Contractor and approved by the Department to ensure continuity. Flight lines shall be in an east and west direction with a 1½ mile spacing between flight lines. Maximum deviation from flight line may not exceed 500 feet. Each flight shall be photographed so that the principal point of the first and last CIR negative thereof shall be outside the boundary of the contracted area in order to assure that every point within the area shall appear on at least two consecutive photographs in the line of flight. F. OVERLAP Forward lap may be no less than 55% for any two consecutive exposures with an average of 60% by flightline. Side lap shall be 33%, plus or minus 10%. G. CRAB Crab shall not exceed 5 degrees as measured from the line of flight for any individual exposure. Crab shall not exceed 5 degrees as measured from the line of flight for any individual exposure and may not exceed an average of 3 degrees per flight line. H. TILT Tilt shall not exceed 4 degrees for any exposure. The average tilt for any 10-mile section shall not exceed 2 degrees. The average tilt for the entire project shall not exceed 1 degree. I. FILM AND FILTER Fresh fine-grained Kodak Color Infrared 1443 film or equivalent film that meets the specifications of this contract, and the following medium yellow filters shall be used. Zeiss C, Wratten 12, Zeiss D, or equivalent, such as a #12 Minus Blue Filter Kodak Wratten, or filters in the 530 nm to 650 nm range J. COLOR INFRARED NEGATIVES i) ii) iii) Provision for sensitometry strips at the beginning or end of each full or partial roll or other sensitometric wedge exposure control shall be made. When a roll is used on different days at least two (2) unexposed frames shall be left between CIR negatives taken on different days. No undeveloped film shall set more than two (2) days in the camera. CIR negatives shall be sharp in detail, of uniform medium density, free of light streaks, static marks or other defects; clouds and cloud shadows not to exceed one-tenth of one percent of the area of an individual exposure. Special care shall be exercised to insure proper development and thorough fixation and washing of all film, and to avoid any distortion during processing and drying. Film shall be processed using the Minnesota modified CIR iv) v) vi) vii) viii) ix) x) negative process on an automatic processor; Kodak Versamat or equivalent. Since effective aerial film speed (EAFS) varies with average gamma desired (Eastman Kodak Company 1973), the photographer shall select an EAFS appropriate for gammas in the 1.1-1.6 range; It is strongly suggested that the photographer take additional exposures over the project area for use as a test strip in determining the processing required to achieve the desired CIR negative qualities outlined below. A 21-step sensitometric wedge (0.15 increments) should be exposed on one end of each roll of film before processing or other means of exposing sensitometric exposure data during the flight may be utilized as approved by the Department. Laboratory personnel should make appropriate density measurements on the step wedge and plot the characteristic curve for each roll or calculate the gamma. Film shall be processed using the Minnesota modified CIR negative process in automatic equipment under the controlled sensitometric conditions to produce CIR negatives with an adequate density range and a gamma range sufficiently high to yield contrast prints. The Contractor shall work with the Department to determine the desired level of contrast. Prior to printing, a detailed inspection of the CIR negatives shall be made by trained laboratory personnel applying the following procedures. CIR negatives not meeting conditions c1 thru c4 listed below shall be rejected: a) A transmission densitometer with a 1 mm aperture should be used to take readings on the emulsion side within an eight-inch diameter circle centered on the 9 by 9-inch format. b) Readings are to be taken on the thinnest and the densest portions of the CIR negative, but images of water, clean sand beaches, shadow areas smaller than 3 mm in diameter, roads, buildings, gravel pits, and other human-made features are to be avoided. c) With a densitometer having a scale range of at least 0.0 to 3.0, readings should be confined to these limits: (1) Base + fog may not exceed 0.25 density units (2) Average minimum usable density per roll shall be 0.35±0.15 density units above base + fog (3) Average maximum usable density per roll shall be 1.5±0.25. (4) Minimum density spread on a homogenous wooded area lacking highlights shall be determined from average maximum and minimum readings on six CIR negatives. The difference between averages may not be less than 0.40. d) The Contractor shall maintain on file and furnish upon request to the Department: Readings from the sensitometrically exposed step wedge. Titled characteristic curves for each roll of film. Readings from aerial CIR negatives as described above. Once a good CIR negative is secured, printing shall be on paper of a hardness or grade suitable to yield the best possible contrast and tonal range in the print. This optimum level of contrast is to be maintained throughout the printing job. The paper shall be approved by the Department prior to the beginning of the printing process. Two 10x10 inch untrimmed print samples shall be submitted on the proposed paper at the request of the Department prior to executing the final contract. The CIR negatives shall become the property of the Department and be delivered to the Department in original cans upon acceptance. K. PRINTS AND OPTIONAL SCANNED IMAGES i) The Contractor shall furnish to the Department the CIR negatives and two (2) sets of double weight Kodak (or equivalent) resin coated contact prints, semi-matte surface, of each county in the project area (Note iii below). ii) The contact prints shall be produced on a printer with a variable dodging control enabling the operator to adjust the percentage of dodging to maintain optimum contrast and tonal levels and eliminate "flare" or "burnout" on the edge(s) and around large bodies of water. Periodic adjustments may be needed throughout the printing process to adjust for areas with high concentrations of lakes or similar features. Prior to printing the final prints, the Contractor will work closely with the Department to produce sample prints that exhibit the optimal texture and tonal qualities needed to distinguish unique forest types and other geographic features. The prints selected by the Department shall serve as a guide to the Contractor for the desired levels of contrast and tonal detail. iii) Complete stereoscopic coverage shall be provided for each individual county within the project area. Additional Option: The Contractor, using a Z/I IMAGING PhotoScan 2002 Photogrammetric Scanning System or equivalent, shall furnish scanned images of every CIR negative at a resolution sufficient to ensure that the full resolution of the aerial photography will be captured for an output pixel resolution of 1.0 foot or better. This is estimated to be a 20 micron scan. The scans shall be completed prior to the titling of the film to reduce the chance of scratches or dust on the film. Files will be provided on a vendor supplied external hard drive with a USB connection. L. TITLING AND INDEXING i) Titling. Each CIR negative and print shall be clearly marked on the north side of the frame with the following information: a) Left of the center fiducial mark; date of the photography b) Right of the center fiducial mark: (1) The county symbol provided by the Department. Where the flight on the county border provides photos for the adjoining county, the designator shall be a dual county symbol, (ex. WSH/WKE). (2) flight line number (3) CIR negative roll number - exposure number (ex. S 45-23) ii) Indexing. The contractor agrees to provide two color photo index maps for every county in the project area. Approved index maps shall be submitted to the Department no later than two (2) weeks following the approval of all photography. Indexes will be on a heavyweight paper (not laminated) capable of being folded. Indexes shall show sufficient base information to allow for photo identification by town, range and section, and by general geographic feature (lakes, rivers, roads, municipal areas etc). Maps must minimally show town and range labels in the margins, with section lines throughout the county area. The Department shall approve the flight line index map design prior to final development. In addition, each index map shall contain the following information: a) The flight line number shall be identified on both the east and west ends of each flight line. Where flight lines coincide with county lines, the flight line shall be shown on both county maps. b) The photo centers shall be located within 1/8 mile of their true location. c) Every photo center divisible by 5 shall be located with a 7/32" circle (index map feature sizes are provided for approximate sizing) and identified by CIR negative roll and exposure number. d) Where a break in exposure number sequence occurs, a double circle (inner circle 7/32", outer circle 5/16") shall be used to indicate the photo location. The last exposure of the sequence and the beginning of the new sequence shall be identified by CIR negative role and exposure number. e) All other photo centers shall be located by a (tick) mark made 1/4" in length across the flight line. f) The first and last photo center of each flight line shall be identified by CIR negative roll and exposure number. g) Numbering of the photo centers shall be clean and legible in open spaces on the map. See Exhibit A for a sample flight index map. h) County flight index maps shall also be submitted as a digital image file (.jpg, .tiff etc.) i) The Contractor shall submit an ESRI shapefile containing the individual photo centers as a point. The point shapefile shall have the following attributes: roll, flight line, exposure number, counter number, longitude, latitude, and if possible, the exact date of the image. The shapefile will be in the WTM coordinate/projection system (WTM83/91 Wisconsin Transverse Mercator, referenced to the North American Datum of 1983, 1991 adjustment) with appropriate metadata. iii) Longitude and Latitude. The fringe of one side of each CIR negative and each untrimmed print shall be imprinted with minimally the latitude and longitude of the photo center as recorded by the plane's GPS navigational computer system and the photo date and time. M. AREA TO BE COVERED For the purpose of this photography project, the following Wisconsin counties shall be flown: Florence Forest Langlade Lincoln Marathon Marinette Menominee Oconto Oneida Portage Shawano Waupaca Wood Vilas N. QUALITY CONTROL The Contractor shall submit preliminary flight line indexes for the entire project area to the Department prior to beginning the flight. The index will show county boundaries, the numbered flight lines and approximate photo centers. (See Exhibit B) Upon completion of segments of the photography, the photographs shall be submitted to the Department for quality control and approval. The Contractor shall submit printed exposures throughout the duration of the project as soon as possible after the actual photography is accomplished. This is to facilitate a timely quality control process. The Contractor shall also submit with the photographs a summary of the prints being delivered by roll, flight line and photo number. In the event of the Department's disapproval of photographs, the Contractor shall refly the indicated portions at the Contractor's expense as expeditiously as possible. O. RE-FLIGHTS In flight lines re-photographed to obtain substitute photos for rejected photos all CIR negatives shall be exposed to comply with other overlap requirements, and the joining end CIR negatives in the replacement strip shall result in complete stereoscopic coverage of the contiguous area on the portions or portions not rejected P. APPROVAL i) ii) Upon completion of segments of the photography, the photographs shall be submitted to the Department for approval. The segments of completion shall be a complete county unit, including the draft county photo index map. In the event a county unit has not been completed by the end of the season in the calendar year, a partial county segment may be submitted for approval. In the event of the Department's disapproval of photographs, the Contractor shall make a reflight of portion or portions of the submitted segment at the Contractor's expense as expeditiously as possible. All reflights and substitute photos necessary to satisfy the requirements of the specifications shall be made as expeditiously as possible, but no later than October 10, 2007 unless otherwise approved in writing by the Department, at the Contractor's expense, with no additional payment for such work. Q. CONDITIONS i) ii) The Contractor shall inform the Department, as far in advance, as practical, when photography is to be done. Weather and condition of the foliage permitting, the photography shall be completed by no later than October 10, 2007. The Contractor shall keep the Department informed on progress of the photography by submitting weekly e-mail progress reports to the Department showing the number of hours flown, the number of flight lines or strips completed, the location of the flight lines or strips by means of a suitable map, and the weather conditions which prevailed during the week. R. DELIVERY OF PHOTOGRAPHY, CIR NEGATIVES AND OPTIONAL SCANNED IMAGES All completed contact prints and scanned image data files on USB compatible hard drives and corresponding CIR negatives for the required counties, that are required based on the bid award made, are to be delivered to the Department's contact person no later than January 31, 2008. S. OWNERSHIP OF MATERIALS All materials produced and delivered as a result of aerial photography completed in satisfaction of this Contract shall become the property of the Department of Natural Resources. T. CONTACTS For the purposes of this contract, the Department's contact person shall be: Janel Pike, GIS Development Specialist Division of Forestry Wisconsin Department of Natural Resources - FR/4 P.O. Box 7921 Madison, WI 53707-7921 Telephone (608) 266-2050 Fax (608) 266-8576 E-mail Janel.Pike@dnr.state.wi.us The Contractor's contact person shall be listed under “name of contact person” on the Request for Information form #9200103, submitted in response to this solicitation. Information for this person must then be included in the appropriate places on any contact signed as a result of this solicitation. EXHIBIT A – Sample Flight Index Map EXHIBIT B – Sample Index Map for Quality Control BID PRICE SHEET RFB #G-010-08 WISCONSIN FOREST AERIAL PHOTOGRAPHY PROJECT Note: This form must be used to submit your pricing for this bid along with the other required forms. Bidders are required to bid on both photography capture and scanning. 1a. Amount for all required Project deliverables as described in Special Conditions of Bid, Section F, Method of Bid and as detailed in Technical Specifications and Products for Fall Flights, Color IR film, Minnesota modified negative processing TOTAL BID $______________________ 1b. Amount for optional scanned images of film negatives deliverable as described in Special Conditions of Bid, Section F, Method of Bid and as detailed in Technical Specifications and Products TOTAL BID $______________________ The above bid amounts for the project will constitute full and complete payment for all aircraft, personnel, film and processing, editing, photo indices, delivery, and miscellaneous associated tasks and expenses to deliver color negatives, two sets of contact prints, the required photo index maps, and scanned image files on USB hard drives (if the agency chooses to require production of scanned images) of the given 14 county NorthEast quadrant area of Wisconsin. Company Name & Address _________________________________________ _________________________________________ _________________________________________ _________________________________________ Name _________________________________________ Title _________________________________________ Signature _________________________________________ Date _________________________________________ REQUEST FOR INFORMATION FOR OUTSIDE AGENCY CONTRACTED AIRCRAFT SERVICES Form 9200-103 Rev. 9-96 Airplane Return to: State of Wisconsin Department of Natural Resources Aeronautics Box 7921 Madison, Wisconsin 53707 Helicopter Please use reverse side if necessary. BUSINESS Name of Business Address Telephone Number (include area code) Name of Contact Person SERVICE Contracted For (service to be provided): Date(s): DNR Contact Person (coordinator) Telephone Number Types(s) of Aircraft to be Used (include "N" number(s)) Last Annual Inspection Last 100 Hour Inspection Air Worthiness Directives (ADs) Complied With? FAR Part 135 certified? Yes No Yes No Are the business, aircraft and pilots commercially certified and licensed for Wisconsin aerial application by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)? Yes No PILOTS Name Flight Hours Total Time: ________________ Total In Type: __________________ Ratings Total in Make and Model to be Used: ____________________________ Last Biennial FAR Part 135 certified? Yes No Experience in Type of Work Contracted For (please use additional sheets, if needed): Medical (class, date performed) Name Flight Hours Total Time: ________________ Total In Type: __________________ Ratings Total in Make and Model to be Used: ____________________________ Last Biennial FAR Part 135 certified? Yes No Experience in Type of Work Contracted For (please use additional sheets, if needed): Medical (class, date performed) OTHER Insurance Statement ($1,000,000 minimum), attach a copy for verification. Please Note: 1. Abide by applicable Federal Aviation Regulation, e.g. Part 91, 133, 135, etc. 2. DNR aircraft waivers DO NOT APPLY to these operations. 3. It is the responsibility of the DNR coordinator of this specific project to notify the public (where applicable) of aircraft activity relating to this project. Verify with DNR Project Coordinator. 4. Any public complaints will warrant an immediate review of activity, operations and contract resulting in the possibility if immediate contract terminations. STATE OF WISCONSIN Bid / Proposal # G-010-08 DOA-3477 (R05/98) Commodity / Service VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME FEIN Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 2. State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 3. State Zip + 4 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 4. State Zip + 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 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. STATE OF WISCONSIN Bid / Proposal # G-010-08 DOA-3478 (R12/96) VENDOR REFERENCE FOR VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities. State of Wisconsin Department of Natural Resources Request for Bid No. G-010-08 BID CHECKLIST Bidders are to complete, sign and return the following forms. Use the list below to check off the items as they are completed and as a mailing check list. A complete bid package must contain all the items. 1. ______ DOA-3070, Request for Bid Form (signed) 2. ______ Bid Price Sheet (signed) 3. ______ Request for Information form (#9200-103) 4. ______ DOA-3477, Vendor Information form 5. ______ DOA-3478, Vendor Reference form 6. ______ Appropriate Camera calibration certificate (see Section D, subsection h, Camera Calibration requirements of Technical Specifications and Products) 7. ______ Compliance with Bidder Qualifications section of Special Conditions of Bid. Attach a certified statement of facts of the bidder's business and technical organization available for the work contemplated under this contract including the bidder's experience in taking aerial photography of the type and nature specified herein. Attach a certified statement detailing the equipment and technical procedures the bidder proposes to use to comply with and compliment the requirements established in the following sections of the attached Technical Specifications and Products document: Sec. D., Camera and Scale, Sec. I., Film and Filter; Sec. J., Color Infrared Negatives, and Sec. K., Prints and Optional Scanned/Digital Images. NOTE: The State reserves the right to reject incomplete bids. STEREOSCOPIC AERIAL PHOTOGRAPHY SAMPLE CONTRACT WITH STANDARD CONDITIONS (Actual contract will be updated to reflect any award that may be made for scanned images of film negatives.) THIS CONTRACT is entered into by and between the State of Wisconsin Department of Natural Resources (Department) and _________ (Contractor) for the purpose of providing 1:15,840 scale stereoscopic color infrared aerial photography for the 14 counties listed below in Appendix 1 Section M, and optionally scanned digital images of the color negatives for the 14 counties listed below in Appendix 1 Section M. FOR AND IN CONSIDERATION of the terms and conditions contained in this contract, the above-named parties agree: 1. PERIOD OF AGREEMENT. This contract shall commence upon its signing by both parties and continue until December 31, 2007 - during which period all performance as described in this contact shall be fully completed to the satisfaction of the Department. This contract may be extended for two additional two-year periods upon mutual agreement of the Contractor and the Department. 2. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK. a) The Contractor shall complete work within dates set for each project area after receipt of notification of award of the contract by the Department. At all times after date of commencement and until ending dates or completion, the work shall be conducted expeditiously, subject only to weather conditions and other such exceptions as may be agreed to by the Department. Unless otherwise authorized by the Department, the Contractor shall assure all required equipment and personnel are continuously available for the project and take full advantage of suitable photographic weather until all photography is completed. All project photography shall be completed no later than October 10, 2007. b) The Contractor shall submit to the Department weekly progress reports on report forms attached to and made part of this contract by reference showing all photographic days, causes of non-photographic days, and number and location of line miles flown at: Department of Natural Resources Box 7921 Madison, WI 53707 Attn: Janel Pike FR/4 c) The Contractor may complete the work by segments. A segment is defined as that portion of the total project the Contractor proposes, which includes reasonably large blocks of photography. The Contractor shall be responsible to inspect all exposed film. The Contractor shall notify the Department when all flights and reflights have been completed at: Department of Natural Resources Box 7921 Madison, WI 53707 Attn: Janel Pike FR/4 d) The Contractor shall base at least two (2) aircraft in the contract area during each flying season outlined in Appendix 1, beginning Sept. 15, 2006. By mutual written agreement between the Department and the Contractor, the number of planes in the contract area may be reduced due to remaining need, a history of performance by the contractor with one aircraft on projects of similar size and timeframe that demonstrates the requirements of this contract, or safety concerns related to the size of the area remaining to be flown. e) Upon completion of all aerial photography and processing of the film, the Contractor may remove the plane or planes from the area, but shall return the plane or planes immediately when weather conditions are favorable upon the receipt of a notice from the Department that reflights are necessary to bring the photography into compliance with the specifications. 3. CANCELLATION. The Department reserves the right to cancel this contract in whole or in part, without penalty, due to non appropriation of funds or for failure of the Contractor to comply with terms, conditions, or specifications of this contract. 4. ENTIRE CONTRACT; AMENDMENTS. This contract, together with the specifications in the bid request (if any) and referenced parts and attachments, shall constitute the entire agreement and previous communications or agreements pertaining to the subject matter of this contract are hereby superseded. Any contractual revisions including cost adjustments and time extensions must be made by a written amendment to this contract signed by both parties prior to the ending date of this contract. 5. ASSIGNMENT. Neither this contract nor any right or duty in whole or in part by the Contractor under this contract may be assigned, delegated or subcontracted without the written consent of the Department. If upon the written consent of the Department this contract or any right or duty in whole or in part is assigned, the Assignee(s) shall expressly agree to assume and perform all relevant obligations expressed under the terms of this contract and be bound by the terms and conditions of this contract. Assignments in whole or in part of this contract does not absolve the Contractor of any liability or obligation expressed and agreed to hereunder. 6. DESCRIPTION OF WORK OR PRODUCTS. The Contractor agrees to the technical specifications and to provide the products described in Appendix 1 to the satisfaction of the Department. Appendix 1 is attached to and made part of this contract. 7. PAYMENT. The Contractor, for providing performance satisfactory to the Department, shall receive the following consideration: a) No more than a total payment of $________________ for satisfactory completion and acceptance of stereo aerial photography for the 14 counties listed in Appendix 1 Section M. This amount will constitute full and complete payment for all aircraft, personnel, film and processing, editing, photo indices, delivery, and miscellaneous associated tasks and expenses to deliver color negatives, two sets of contact prints, the required photo index maps, and optional scanned images if specified of the given 14 county NorthEast quadrant area of Wisconsin. b) Ten percent of the total amount indicated under paragraph a) shall be retained by the Department and shall not be paid to the contractor until the Department has determined that all performance required under the contract for stereo aerial photography has been satisfactorily performed by the Contractor. c) During the period of the Contract, the Contractor may submit billings for stereo aerial photography on a monthly basis, no sooner than 30 days following commencement of performance. Except as provided in paragraph b), the Department, upon its determination that the work is satisfactory and complies with the Contract, agrees to pay the Contractor for the work performed. No payments made prior to the termination of the contract period may exceed that percentage of the total payment indicated in paragraph a) that the unpaid work performed constitutes when considering the total area to be photographed. (Example: All work on 10 percent of the total area to be photographed has been satisfactorily completed. The Department may pay no more than 10 percent of the total payment agreed upon.) d) No more than a total payment of $________________ for satisfactory completion and acceptance of scanned images of the stereo aerial photography provided above for the 14 counties listed in Appendix 1 Section M. This amount will constitute full and complete payment for all scanned images required (if the agency chooses to request delivery of this optional product). e) Ten percent of the total amount indicated under paragraph d) shall be retained by the Department and shall not be paid to the contractor until the Department has determined that all performance required under the contract for scanned images of the stereo aerial photography has been satisfactorily performed by the Contractor. f) During the period of the Contract, the Contractor may submit billings for scanned images of stereo aerial photography on a monthly basis, no sooner than 30 days following commencement of performance. Except as provided in paragraph e), the Department, upon its determination that the work is satisfactory and complies with the Contract, agrees to pay the Contractor for the work performed. No payments made prior to the termination of the contract period may exceed that percentage of the total payment indicated in paragraph d) that the unpaid work performed constitutes when considering the total area to be photographed. (Example: All scanned images on 10 percent of the total area to be photographed have been satisfactorily completed and submitted. The Department may pay no more than 10 percent of the total payment agreed upon.) g) Billings by the contractor shall be submitted to the Department’s contact person listed in paragraph S, Contacts, of the Technical Specifications and Products. 8. RECORDS, ACCESS. The Contractor shall, for a period of three (3) years after completion and acceptance by the Department, maintain books, records, documents and other evidence directly pertinent to performance on work under this contract in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used in the preparation or support of the cost submission in effect on the date of execution of this contract and a copy of the cost summary submitted to the Department. The Department, its agents and its duly authorized representatives shall have access to such books, records, documents, and other evidence for the purpose of inspection, audit and copying. The Contractor shall provide proper facilities for such access and inspection. In addition, those records which relate to any dispute, appeal or litigation, or the settlement of claims arising out of such dispute, performance, or costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such dispute, appeal, litigation, claim or exception. 9. INDEPENDENT CONTRACTOR. The Contractor is an Independent Contractor for all purposes, not an employee or agent of the Department. 10. INDEMNIFICATION. The Contractor agrees to save, keep harmless, defend and indemnify the State of Wisconsin, Department of Natural Resources and all its officers, employees and agents, against any and all liability, claims and costs of whatever kind and nature, for injury to or death of any person or persons, and for loss or damage to any property (state or other) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation or performance of work in connection with this contract or omissions of Contractor's employees, agents or representatives. 11. INSURANCE RESPONSIBILITY. The contractor performing services for the State of Wisconsin shall: a) Maintain worker’s compensation insurance for all employees engaged in the work. b) Maintain commercial liability and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million ($1,000,000) liability for bodily injury and property damage including product liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out the contract. Minimum coverage shall be one million ($1,000,000) per occurrence combined single limit for automobile liability and property damage. c) Provide an insurance certificate indicating this coverage, counter -signed by an insurer licensed to do business in Wisconsin, covering the period of the agreement/contract. The insurance certificate is required to be presented prior to issuance of the purchase order or before commencement of the contract. d) The state reserves the right to require higher or lower limits where warranted. 12. NONDISCRIMINATION. In connection with the performance of work under this contract, the Contractor agrees not to discriminate against an employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in section 51.01(5), Wis. Stats., sexual orientation 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. The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the Department setting forth the provisions of this nondiscrimination clause. Failure to comply with the conditions of this clause may result in the Contractor being declared an “ineligible” contractor, termination of the contract, or withholding of payment. 13. AFFIRMATIVE ACTION: If this contract is for an amount of twenty-five thousand dollars ($25,000) or more the Contractor agrees to submit a written affirmative action plan to the Department within 15 business days after the contract commences if an acceptable plan is not already on file with the State of Wisconsin. (Contractors with an annual work force of fewer than twenty five employees are exempted from this requirement.) Failure to comply with the conditions of this clause may result in the Contractor being declared an “ineligible” contractor, termination of the contract, or withholding of payment. 14. 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 Department's administrative costs. 15. APPLICABLE LAW. This contact shall be governed by the laws of the State of Wisconsin. The Contractor shall at all times comply with all federal, state and local laws, ordinances and regulations in effect during the period of this contract. 16. ANTITRUST ASSIGNMENT. The Contractor and the Department recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the Department. Therefore, the Contractor hereby assigns to the Department any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17. PAYMENT TERMS AND INVOICING. Payment shall be considered timely if the payment is mailed, delivered, or transferred by the later of the following: a. The date specified on a properly completed invoice for the amount specified in the order or contract, or b. Within thirty (30) days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract or within thirty (30) days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later if the Department does not notify the sender of receipt of an improperly completed invoice within ten (10) working days after it receives the invoice of the reason it is improperly completed. 18. TAXES. The Department 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 all federal tax and Wisconsin sales or use Tax on its purchases. The State of Wisconsin does not issue a tax-exempt number for state agencies. The Department may be subject to other states taxes on its purchases in that state depending on the laws and of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 19. TAX DELINQUENCY. Contractors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 20. COPYRIGHT OWNERSHIP. The contractor agrees that the Department shall be the copyright owner of the works produced under this contract. STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES Date_______________ by: ____________________________________ Title: Secretary Contractor Date________________ by:______________________________________ Title: ____________________________________