005-RFB-1408-2025 - IPBS HVAC and Metasys Services.pdf

005-RFB-1408-2025 – Iowa PBS HVAC and Metasys Services

SECTION 1 - INTRODUCTION

1.1 Bidder Instructions

Bidder is to download this document and save to computer. Once saved, type in responses to the required sections and save again. Finally upload the document to IMPACS Electronic Procurement System with your bid. As an option, the Bidder may print, write in responses, scan, and attach response. If this document is not attached to the bid response in IMPACS, the Bidder’s bid may be disqualified.

1.2 Purpose

The purpose of this Request for Bids (RFB) is to solicit bids from qualified providers to provide the goods and/or services described further in this RFB to the Lead Agency and any Participating Agencies. The Lead Agency intends to award a contract(s) beginning and ending on the dates listed in the IMPACS solicitation, and the Lead Agency may extend the contract(s) for up to the number of annual extensions identified in the IMPACS solicitation at the sole discretion of the Lead Agency. Any contract(s) resulting from the RFB shall not be an exclusive contract.

1.3 Request for Bid (RFB) Definitions

Definitions – For the purposes of this RFB and the resulting contract, the following terms shall mean:

“Agency” means the agency identified in the IMPACS solicitation that is issuing the RFB and any other agency that purchases from the Contract.

“Alternative Bid” means a response to a bid that does not meet the exact requirements of the specification but offers an alternative for consideration. An alternative bid is submitted with an intentional variation to a provision, specification, term or condition of the solicitation. This alternative, in the opinion of the bidder, achieves the same end result. Alternative bids may be rejected as non-responsive.

“Bid” means the Bidder’s bid submitted in response to the RFB.

“Bidder” means a vendor submitting a bid in response to this RFB.

“Contract” means the contract(s) entered into with the successful Bidder(s).

“Lead Agency” means the agency facilitating the procurement and establishing the Contract.

“Participating Agency” means the agency utilizing the established contract.

“Political Subdivisions” means cities, counties, and educational institutions.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=DASIowa

“Responsible Bidder” means a Bidder that has the capability in all respects to perform the requirements of the Contract. In determining whether a Bidder is a Responsible Bidder, the Agency may consider various factors including, but not limited to, the Bidder’s competence and qualifications to provide the goods or services requested, the Bidder’s integrity and reliability, the past performance of the Bidder relative to the quality of the goods or services offered by the Bidder and the best interest of the Agency and the State.

“Responsive Bid” means a Bid that complies with each of the provisions of this RFB, or is either an alternative bid or a bid with an exception, if accepted by the Agency.

“RFB” means this Request for Bids and any addenda hereto.

“State” means the State of Iowa, the Agency identified in the IMPACS solicitation, and all state agencies, boards, and commissions, and any political subdivisions making purchases from the Contract as permitted by this RFB.

1.4 Contract Term Insert dates/term and delete option not used.

The term of the contract will begin 02/06/2025 and end on 02/05/2026.

The Agency shall have the sole option to renew the contract upon the same or more favorable terms and conditions for up to Five (5) annual extensions. The resulting contract will be available to all State Agencies.

1.5 Background Information

This RFB is designed to provide Bidders with the information necessary for the preparation of competitive Bids. The RFB process is for the Lead Agency’s and Participating Agencies’ benefit and is intended to provide the Lead Agency with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Bidder is responsible for determining all factors necessary for submission of a comprehensive Bid.

This solicitation is for monthly preventative maintenance and any repairs pertaining to the HVAC and Metasys systems at Iowa PBS. Services will be provided at two (2) locations. The IOWA PBS building at 6535 Corporate Drive and 6450 Corporate Drive.

SECTION 2 – ADMINISTRATIVE INFORMATION

2.1 Issuing Officer

The Issuing Officer identified in the IMPACS solicitation is the sole point of contact regarding the RFB from the date of issuance until selection of the successful Bidder.

2.2 Restriction on Communication

From the issue date of this RFB until announcement of the successful Bidder, Bidders may contact only the Issuing Officer. The Issuing Officer will respond only to electronic questions regarding the procurement process. Questions related to the interpretation of this RFB must be submitted as provided in the IMPACS solicitation. Oral questions related to the interpretation of this RFB will not be accepted. Bidders may be disqualified if they contact any State employee other than the Issuing Officer about the RFB except that Bidders may contact the State Targeted Small Business Office on issues related to the preference for Targeted Small Businesses.

The Agency assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFB through an addendum.

2.3 Amendment to the RFB

The Agency reserves the right to amend the RFB at any time using an addendum. The Bidder shall acknowledge receipt of all addenda in its Bid.

It is the Bidder’s sole responsibility to check daily for addenda to posted documents.

2.4 Bid Amendment and/or Withdrawal

The Bidder may amend or withdraw and resubmit its Bid at any time before the Bids are due. The amendment must be submitted on Iowa IMPACS by the Bidder to the bid and received by the time set for the receipt of Bids.

2.5 Submission of Bids

The Agency must receive the electronic Bid on: Iowa IMPACS before the “Bids Due” date and time.

This is a mandatory requirement and will not be waived by the Agency. Any Bid received after this deadline will not be accepted. It is the Bidder’s responsibility to ensure the bid is received prior to the deadline. Email and faxed Bids will not be accepted.

Bidders must furnish all information necessary to enable the Agency to evaluate the Bid. Bids that fail to meet the mandatory requirements of the RFB may be rejected. Oral information provided by the Bidder shall not be considered part of the Bidder's Bid unless it is in writing.

2.6 Bid Opening

The Agency will open Bids after the deadline for submission of Bids has passed. However, the names of Bidders who submitted timely Bids will be publicly available after the Bid opening. See Iowa Code Section 72.3. The announcement of Bidders who timely submitted Bids does not mean that an individual Bid has been deemed technically compliant or accepted for evaluation.

2.7 Costs of Preparing the Bid

The costs of preparation and delivery of the Bid are solely the responsibility of the Bidder.

2.8 Rejection of Bids

The Agency reserves the right to reject any or all Bids, in whole and in part, received in response to this RFB at any time prior to the execution of a written Contract. Issuance of this RFB in no way constitutes a commitment by the Agency to award a Contract. This RFB is designed to provide Bidders with the information necessary to prepare a competitive Bid. This RFB process is for the Agency’s benefit and is intended to provide the Agency with competitive information to assist in the selection of a Bidder to provide goods and/or services. It is not intended to be comprehensive and each Bidder is responsible for determining all factors necessary for submission of a comprehensive Bid.

2.9 Disqualification

The Agency will reject outright and will not evaluate Bids if the Bidder fails to deliver the Bid by the due date and time. The Agency may reject outright and may not evaluate Bids for any one of the following reasons:

● The Bidder acknowledges that a requirement of the RFB cannot be met.

● The Bidder’s Bid materially changes a requirement of the RFB or the Bid is not compliant with the requirements of the RFB.

● The Bidder’s Bid limits the rights of the Agency.

● The Bidder fails to include information necessary to substantiate that it will be able to meet a requirement of the RFB.

● The Bidder fails to timely respond to the Agency’s request for information, documents, or references.

● The Bidder fails to include bid security, if required.

● The Bidder fails to include any signature, certification, authorization, stipulation, disclosure or guarantee requested.

● The Bidder presents the information requested by this RFB in a format inconsistent with the instructions of the RFB or otherwise fails to comply with the requirements of the RFB.

● The Bidder initiates unauthorized contact regarding the RFB with state employees.

● The Bidder provides misleading or inaccurate responses.

● The Bidder’s Bid is materially unbalanced.

● There is insufficient evidence (including evidence submitted by the Bidder and evidence obtained by the Agency from other sources) to satisfy the Agency that the Bidder is properly responsive and responsible to satisfy the requirements of the RFB.

● The Bidder alters the language in Certification Letter or Authorization to Release Information Letter.

● The Respondent is a “scrutinized company” included on a “scrutinized company list” created by a public fund pursuant to Iowa Code section 12J.3.

2.10 Nonmaterial Variances

The Agency reserves the right to waive or permit cure of nonmaterial variances in the Bid if, in the judgment of the Agency, it is in the Agency’s best interest to do so. Nonmaterial variances include minor informalities that do not affect responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other Bidders, that do not change the meaning or scope of the RFB, or that do not reflect a material change in the requirements of the RFB. In the event the Agency waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFB requirements or excuse the Bidder from full compliance with RFB specifications or other contract requirements if the Bidder is awarded the contract. The determination of materiality is in the sole discretion of the Agency.

2.11 Reference Checks

The Agency reserves the right to contact any reference to assist in the evaluation of the Bid, to verify information contained in the Bid and to discuss the Bidder’s qualifications and the qualifications of any subcontractor identified in the Bid.

2.12 Information from Other Sources

The Agency reserves the right to obtain and consider information from other sources concerning a Bidder, such as the Bidder’s capability and performance under other contracts, the qualifications of any subcontractor identified in the Bid, the Bidder’s financial stability, past or pending litigation, and other publicly available information.

2.13 Verification of Bid Contents

The content of a Bid submitted by a Bidder is subject to verification. If the Agency in its sole discretion determines that the content is in any way misleading or inaccurate, the Bidder may be disqualified.

2.14 Bid Clarification Process

The Agency reserves the right to contact a Bidder after the submission of Bids for the purpose of clarifying a Bid to ensure mutual understanding. This contact may include written questions, interviews, site visits, a review of past performance if the Bidder has provided goods and/or services to the State or any other political subdivision wherever located, or requests for corrective pages in the Bidder’s Bid. The Agency will not consider information received if the information materially alters the content of the Bid or alters the type of goods and/or services the Bidder is offering to the Agency. An individual authorized to legally bind the Bidder shall sign responses to any request for clarification. Responses shall be submitted to the Agency within the time specified in the Agency's request. Failure to comply with requests for additional information may result in rejection of the Bid as non-compliant.

2.15 Disposition of Bids

All Bids become the property of the Agency and shall not be returned to the Bidder at the conclusion of the selection process, the contents of all Bids will be in the public domain and be available for inspection by interested parties except for information for which Bidder properly requests confidential treatment according to exceptions provided in Iowa Code Chapter 22 or other applicable law.

2.16 Public Records and Requests for Confidential Treatment

The Agency’s release of public records is governed by Iowa Code Chapter 22. Contractors are encouraged to familiarize themselves with Chapter 22 before submitting a Bid. The Agency will copy and produce public records upon request as required to comply with Chapter 22 and will treat all information submitted by a Contractor as non-confidential records unless Contractor requests specific parts of the Bid be treated as confidential at the time of the submission as set forth herein AND the information is confidential under Iowa or other applicable law.

2.17 Form 22 Request for Confidentiality

FORM 22 MUST BE COMPLETED AND INCLUDED WITH CONTRACTOR’S BID. COMPLETION AND

SUBMITTAL OF FORM 22 IS REQUIRED WHETHER THE BID DOES OR DOES NOT CONTAIN

INFORMATION FOR WHICH CONFIDENTIAL TREATMENT WILL BE REQUESTED. FAILURE TO

SUBMIT A COMPLETED FORM 22 WILL RESULT IN THE BID CONSIDERED NON-RESPONSIVE AND

NOT EVALUATED.

2.18 Copyrights

By submitting a Bid, the Bidder agrees that the Agency may copy the Bid for purposes of facilitating the evaluation of the Bid or to respond to requests for public records. The Bidder consents to such copying by submitting a Bid and warrants that such copying will not violate the rights of any third party. The Agency shall have the right to use ideas or adaptations of ideas that are presented in the Bids.

2.19 Release of Claims

By submitting a Bid, the Bidder agrees that it will not bring any claim or cause of action against the Agency based on any misunderstanding concerning the information provided herein or concerning the Agency's failure, negligent or otherwise, to provide the Bidder with pertinent information in this RFB.

2.20 Bidder Presentations

At the sole discretion of the State, Bidders may be required to make a presentation of the Bid.

The presentation may occur at the Agency’s offices or at the offices of the Bidder. The determination as to need for presentations, the location, order, and schedule of the presentations is at the sole discretion of the Agency. The presentation may include slides, graphics and other media selected by the Bidder to illustrate the Bidder’s Bid. The presentation shall not materially change the information contained in the Bid.

2.21 Evaluation of Bids Submitted

Bids that are timely submitted and are not subject to disqualification will be reviewed in accordance with the RFB.

2.22 Preference

By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa. Preference application: Tied responses to solicitations, regardless of the type of solicitation, are decided in favor of Iowa products and Iowa-based businesses per 11 IAC 117.

2.23 Determination of Responsible Bidder & Responsive Bid

All Bids will be first evaluated to determine if they comply with the bid requirements (i.e. to determine if the Bidder is a Responsible Bidder submitting a Responsive Bid). To be deemed a Responsible Bidder and a Responsive Bid, the Bid must comply with the bid format instructions and answer “Yes” to all parts and include information demonstrating the Bidder will be able to comply with the bid requirements.

2.24 Evaluation Criteria

The Agency will evaluate the Responsive Bids submitted by Responsible Bidders to determine the lowest responsible bidder(s) and will award the Contract(s) to the Bidder(s) submitting the lowest responsible bid(s) based on price.

2.25 Award Notice and Acceptance Period

Notice of Intent to Award the Contract(s) will be sent to all Bidders submitting a timely Bid and will be posted on Iowa IMPACS. Negotiation and execution of the Contract(s) shall be completed no later than thirty (30) days from the date of the Notice of Intent to Award. If the apparent successful Bidder fails to negotiate and deliver an executed contract by that date, the Agency, in its sole discretion, may cancel the award and award the Contract to the remaining Bidder the Agency believes will provide the best value to the State.

2.26 Definition of Contract

The full execution of a written contract shall constitute the making of a contract for the goods and/or services requested by the RFB and no Bidder shall acquire any legal or equitable rights relative to the contract for goods and/or services until the contract has been fully executed by the successful Bidder and the Agency.

2.27 Choice of Law and Forum

This RFB and the Contract are to be governed by the laws of the state of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Bidders are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFB shall be brought in the appropriate Iowa forum.

2.28 Restrictions on Gifts and Activities

Iowa Code Chapter 68B restricts gifts which may be given or received by State employees and requires certain individuals to disclose information concerning their activities with State government. Bidders are responsible to determine the applicability of Chapter 68B to their activities and to comply with its requirements. In addition, pursuant to Iowa Code Section 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.29 Appeals

A Respondent whose proposal has been timely filed and who is aggrieved by the award of the department may appeal the decision by filing a written notice of appeal (in accordance with 11— Chapter 117.20, Iowa Administrative Code) to: The Director of the Department of Administrative Services, Hoover State Office Building, Des Moines, Iowa 50319-0104 and a copy to the Issuing Officer. The notice must be filed within five days of the date of the Intent to Award notice issued by the Department, exclusive of Saturdays, Sundays, and legal state holidays. The written notice may be filed by fax transmission to 515.725.2064. The notice of appeal must clearly and fully identify all issues being contested by reference to the page, section and line number(s) of the RFP and/or the notice of Intent to Award. A notice of appeal may not stay negotiations with the apparent successful Contractor.

2.30 Unit Price

If a discrepancy between the unit price and the item total exists, the unit price prevails.

2.31 Price Adjustments to Term Contract(s)

Bid prices shall remain firm the first year of the contract. Price adjustments may be taken into consideration during the contract renewal process. The State reserves the right to accept or reject any proposed price(s) changes. Requested price changes should be submitted to the Iowa Department of Administrative Services – Central Procurement, sixty (60) days prior to the contract anniversary date.

2.32 Registration

The successful Bidder will be required to register to do business in Iowa before payment can be made. For how to do business with the State of Iowa go https://das.iowa.gov/procurement/vendors/how-do-business.

2.33 Site Visit

While the site visit is not mandatory, attendance is highly encouraged.

Site Visit Date: Monday, December 10th, 2024 at 10:00am CT.

Site Visit Location IOWA PBS at Address: 6450 Corporate Drive, Johnston, IA. 50131.

2.34 Questions and Requests for Clarification

Bidders are invited to submit written questions and requests for clarifications regarding the RFB.

The questions and requests for clarifications must be received by the Issuing Officer by date Friday, December 14th,2024 time 2:00 pm (CT). Oral questions will not be permitted. If the questions and requests for clarifications pertain to a specific section of the RFB, the page and section number(s) must be referenced. Written responses to questions and requests for clarifications will be issued in the form of an addendum and sent to Bidders who received RFBs.

https://das.iowa.gov/procurement/vendors/how-do-business

SECTION 3 – SPECIFICATIONS

All items listed in this Section are Bid Specifications. A successful Bidder must be able to satisfy all these specifications to be deemed a Responsible Bidder.

The Term contract for HVAC System Maintenance and Service, for IOWA PBS – 6535 and 6450 Corporate Drive, Johnston, IA.

3.1 Maintenance Contractor is hereafter referred to as Contractor.

Contractor shall provide mechanical maintenance service per 005-RFB-1408-2025. Under this agreement the Contractor will:

3.1.1 Maintain the mechanical systems consisting of components on Schedule A. IOWA PBS will pay for replacing faulty parts on a time and material basis (hourly labor rates by position per bid). As replacement parts are needed, IBPS will decide whether to buy the part through State Contracts or through the Contractor. Chemical testing (analysis) of the system water for proper treatment levels is NOT a part of this contract. Another Contractor will provide that service.

3.1.2 Perform preventative maintenance on all components listed in Schedule A, as outlined on Schedule B. The Contractor's proposed "Monthly Fee" shall cover all Labor for preventative maintenance services an all related consumables including belts, pulleys, mounts, sheaves, oil filters, suction filters, and refrigerant. Replacing and/or supplying air filters is NOT a part of this contract.

3.1.3 Keeping a log of all equipment showing maintenance performed and other information necessary for understanding of operating condition. Log shall be kept at IOWA PBS building.

3.2 Preventative maintenance service needs to first and foremost comply with manufacturer’s requirements/recommendations including any qualifications the manufacturer makes. IOWA PBS provides Schedule B as the initial proposed guide for service intervals, on approximately the following schedule:

3.2.1 Monthly, or as required by manufacturers’ specifications or as recommended by IOWA

PBS (may be a few seasonal variations for a couple types of equipment). As time goes by, Contractor may make recommendations to IBPS regarding adjustments to the schedule.

3.2.2 Maintenance on all Variable Frequency Drives shall be semi-annual or as required by the manufacturer’s specifications and performed by a licensed electrician.

Each preventative maintenance call will be scheduled detailing exactly what tasks to perform and special tools and instruments needed to maintain the systems at optimum comfort and efficiency levels. Contractor shall submit with his bid, data that indicates the use of a uniform and detailed method by which preventive maintenance tasks are defined, scheduled, recorded, updated and processed. The contracting company's preventive maintenance program shall be computer generated, based on run time, manufacturer's recommendations, and a historical data bank of similar equipment. Simple computer based, run time only, or hand scheduled programs, are not acceptable. After each service call, a service report shall be left with the owner, detailing work accomplished. The State of Iowa will be the owner of the preventative maintenance data.

3.3 General Requirements

3.3.1 Contractor shall only permit personnel who have the proper training, qualifications, certification, license, and authorization to perform the particular work assigned.

3.3.2 Contractor will stock critical consumables in the Des Moines vicinity.

3.3.3 All refrigerant that is required shall be provided by the Contractor.

3.3.4 All consumables and parts must be OEM or equivalent, new, or rebuilt if warranty is same.

3.3.5 All parts and labor shall be warranted to be free of defects of materials and workmanship through normal use for a period of one year or the manufacturer’s standard warranty, whichever is longer.

3.3.6 All Glycol that is required shall be provided by IOWA PBS.

3.3.7 The alarms that go out to the email/text system are problem/failure alarms and will require Contractor service personal dispatch. Other alarms that are not problem failure do not go out the email/text system and Jamie Dye or designate will dispatch contractor in the A.M. on these. The Contractor will perform the primary monitoring of failure alarms. The Contractor will respond to the failure alarms. The alarms are set up for early response to prevent equipment damage. Please see page 3 (#1) of Appendix A for required response times. IOWA PBS will show the Contractor’s tech how to re-set Metasys, then that activity (re-sets) will be Contractor’s responsibility. Media can be both email and text.

3.3.8 Billable labor (outside of the monthly fixed cost, for scheduled preventative services), and billable common construction material must be itemized (for labor, hourly rate by position and number of hours) so it is in harmony with the hourly labor rates, and percentage mark-ups for common construction materials, which will be shown in the contract.

3.3.9 Regarding Metasys control system, the Contractor will not be expected to program the system or change the program.

3.3.9.1 Contractor will be expected to have a working knowledge of the system to correct problems, such as trips.

3.3.9.2 Contractor is required to participate in the timely correction of problems on all control systems at IOWA PBS.

Use of Third Parties/Prime Contractor Responsibilities. Iowa PBS acknowledges that the Contractor may contract with third parties for the performance of any of the Contractor’s obligations under this Contract. All subcontracts shall be subject to advance written approval by the IOWA PBS. The Contractor may enter into these contracts to complete the work provided that the Contractor remains responsible for all services performed under this Contract. All restrictions, obligations and responsibilities of the Contractor under this Contract shall also apply to subcontractors. The IOWA PBS shall consider the Contractor to be the sole point of contact with regard to all matters related to this Contract and is not required to initiate or maintain contact with any subcontractor. IOWA PBS may choose to deny use of any specific third-party contractor at IOWA PBS’s sole discretion, in which case the Contractor must obtain a different third-party contractor.

The Contractor shall have the expertise, license, skills, experience, resources, personnel, test equipment, tools, and abilities to maintain the HVAC system at IOWA PBS, in good working order.

All planned maintenance service under this agreement will be performed during normal working hours. Client (IOWA PBS) will provide reasonable means of access to all equipment covered by this agreement. Contractor will be free to start and stop all primary equipment incidental to the operation of the mechanical systems as arranged with client's representative.

Valve maintenance and repair is included in this agreement but only on a time and material basis (not to be included in monthly cost).

Contractor will not be responsible for making repairs or replacements necessitated by reason of negligence or misuse of the equipment by others or by reason of any other cause beyond owner's control except ordinary wear and tear.

Contractor guarantees two (2) hour response time, 24 hours per day, 7 days a week, 365 days per year due to the critical nature of the technical equipment overhearing. If this technical equipment is shut down IOWA PBS could be shut down across the state. Failure to respond within two hours on more than one occasion is just cause for cancellation of this contract. After hours, emergency service response system shall be professionally staffed telephone answering service. Automatic telephone answering/recording machines, or home telephone numbers are not acceptable. A texting or emailing system will be made available to the contractor that will send data from the control system to the contractor. IOWA PBS is also exploring options where the contractor may have access to the control system via the internet.

Liquidated Damages: Failure to respond within the two-hour response time will be just cause for the owner (IOWA PBS) to charge the contractor at the rate of one thousand dollars ($1,000.00) per hour or any portion of an hour thereof. These liquidated damages are agreed to in advance as reasonable and are not construed as a penalty.

SECTION 4 - FORM OF BID

Instructions – Bidder is to complete the following. Fill out items with blanks. Indicate “yes” or “no” on items requesting agreement. If a “no” response is indicated, exception must be noted on Attachment 1.

4.1 Bidder Information

Business Name:

Official Address:

Firm's State or Foreign Country of Residence:

Sales contact:

Telephone Number:

Fax Number:

Email:

4.2 The Bidder will be entering bids into the IMPACS Procurement site for the following items.

Apprentice Plumber – Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly Rate.

Journeyman Plumber - Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly Rate.

Apprentice Pipe-Fitter - Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly Rate.

Journeyman Pipe-Fitter - Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly Rate.

Apprentice Sheet Metal - Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly

Journeyman Sheet Metal - Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly

Refrigeration Specialist - Standard Hourly Rate, Overtime Hourly Rate, Double Overtime Hourly

Proposed Monthly Cost for preventative maintenance per Appendix B and bid specifications.

Material percentage mark-up

Proposed Monthly Cost for preventative maintenance on Metasys.

Hourly Labor rate per hour for Metasys: Standard Labor Rate, Overtime Hourly Rate, Double Overtime Hourly Rate.

Material percentage mark-up (Metasys) - Material requirements needed to satisfy Metasys needs.

4.3 Contract Terms and Conditions

The Contract(s) that the Agency expects to award as a result of this solicitation will be based upon the final Bid submitted by the successful Bidder and the solicitation. The contract between the Agency and the successful Bidder shall be a combination of the specifications, terms and conditions of the solicitation, the contract terms and conditions in the IMPACS solicitation, the offer of the Bidder contained in the final Bid submitted by the Bidder, written clarifications or changes made in accordance with the provisions of the solicitation, and any other terms deemed necessary by the Agency, except that no objection or amendment by a Bidder to the provisions or terms and conditions of the solicitation shall be incorporated into the Contract unless the Agency has explicitly accepted the Bidder’s objection or amendment in writing. The contract terms and conditions contained in the IMPACS solicitation will be incorporated into the Contract.

The contract terms and conditions may be supplemented at the time of Contract execution and are provided to enable Bidders to better evaluate the costs associated with the solicitation requirements and the Contract. Bidders should plan on the contract terms and conditions contained in the IMPACS solicitation being included in any contract awarded as a result of this solicitation. All costs associated with complying with these requirements should be included in any pricing quoted by the Bidder. By submitting a Bid, each Bidder acknowledges its acceptance of the solicitation terms and conditions without change except as otherwise expressly stated in Attachment 1. If a Bidder takes exception to a provision, it must state the reason for the exception and the specific contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of the solicitation may be deemed non-responsive by the State, in its sole discretion, resulting in possible disqualification of the Bid. The Agency reserves the right to either award a Contract(s) without further negotiation with the successful Bidder or to negotiate contract terms with the selected Bidder if the best interests of the Agency would be served.

Bidder has read and agrees to this section: Yes No

4.4 Terms and Conditions

The parties agree to comply with the terms and conditions in the IMPACS solicitation which are by this reference made a part of the Agreement.

Bidder has read and agrees to this section: Yes No

4.5 Terms of Pcard Acceptance

The State of Iowa prefers to pay Bidders using its Purchasing Card Program (Pcard) whenever possible. Bidders accepting Pcard payments shall comply with the following security measures:

● Bidder shall comply with the most current Payment Card Industry Data Security Standards (PCI

DSS) to assure confidential card information is not compromised;

● Bidder shall adhere to Fair and Accurate Credit Transactions Act requirements that limit the amount of consumer and account information shared for greater security protection;

● When accepting orders online, Bidder shall ensure Internet orders are processed via secure websites, featuring Verisign, TRUSTe, BBBOnline, or “https” in the web address;

● When accepting orders by phone, Bidder shall send itemized receipts (excluding card numbers) to the cardholder by fax, email, or mail (with delivery);

● Bidder shall process payment for items when an order is placed only for items currently in stock and available for shipment, and only for services already rendered;

● Bidder shall confirm that the name of purchaser matches the name on the card;

● Bidder shall shred any documentation with credit card numbers.

For additional information, see the State of Iowa Purchasing Card Policy and Procedures Manual, or visit the State Pcard website.

Bidder has read and agrees to this section: Yes No

4.6 Required Use of Pcard

All payments, by State of Iowa agencies, against this contract will require use of the State of Iowa Pcard.

Bidder has read and agrees to this section: Yes No

4.7 Specifications and Industry Standards

Bidder is able to provide and performed as specified in Section 3. By indicating “yes”, a Bidder agrees that it shall comply with that requirement throughout the full term of the resulting Contract, if the Bidder is successful. In addition, for specific requirements, the Bidder shall provide, if requested, specific references and/or supportive information to verify the Bidder’s compliance with the requirement. Failure to provide this information may cause the Bid to be deemed non-responsive and therefore rejected. The Agency reserves the right to determine whether the supportive information submitted by the Bidder demonstrates the Bidder will be able to comply with the Bid Requirements. If the Agency determines the supportive information does not demonstrate the Bidder will be able to comply with the Bid Requirements, the Agency may disqualify the Bid. Please enter the required information on an attachment and upload the document.

Services rendered pursuant to this Contract shall be performed in a professional and workmanlike manner in accordance with the terms of this Contract and with generally acceptable industry standards of performance for similar tasks and projects. In the absence of a detailed specification for the performance of any portion of this Contract, the parties agree that the applicable specification shall be the generally accepted industry standard. As long as Iowa Public Television notifies Contractor promptly of any services performed in violation of this standard, Contractor https://das.iowa.gov/sites/default/files/PCard/pdf/PC000-PcardPnPManual.pdf https://das.iowa.gov/procurement/agencies/state-iowa-purchasing-card-program https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=3&at=200&ret=254&bret=252 will re- perform the services, at no cost to IOWA PBS, such that the services are rendered in the above-specified manner.

Bidder has read and agrees to this section: Yes No

4.8 Bidder Experience

The Bidder must provide the following information regarding its experience:

● Number of years in business

● Number of years of experience with providing the types of goods and/or services sought by the solicitation.

● Describe the level of technical experience in providing the types of goods and/or services sought by the solicitation.

● List all goods and/or services similar to those sought by this solicitation that the Bidder has provided to other businesses or governmental entities.

4.9 Terminations, Litigation, Debarment

The Bidder must provide the following information:

● During the last five (5) years, has the Bidder had a contract for goods and/or services terminated for any reason? If so, provide full details related to the termination.

● During the last five (5) years, describe any damages or penalties or settlements to resolve disputes entered into by Bidder under any of its existing or past contracts as it relates to goods and/or services performed that are similar to the goods and/or services contemplated by this RFB. If so, indicate the reason for the penalty or exchange of property, goods, or services and the estimated amount of the cost of that incident to the Bidder.

● During the last five (5) years, describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Bidder to engage in any business, practice or activity.

● During the last five (5) years, list and summarize all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Bidder or its officers have been a party.

● The Bidder must also state whether it or any owners, officers, or primary partners have ever been convicted of a felony. Failure to disclose these matters may result in rejection of the Bid or termination of any subsequent Contract.

● This is a continuing disclosure requirement. Any such matter commencing after submission of a Bid, and with respect to the successful Bidder after the execution of a Contract, must be disclosed in a timely manner in a written statement to the Agency.

4.10 Force Majeure

Neither Contractor nor the IOWA PBS shall be liable to the other for any delay or failure of performance of this Contract; and no delay or failure of performance shall constitute a default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by a "force majeure".

Bidder has read and agrees to this section: Yes No

4.11 Preference

The Bidder shall provide the following general background information: For an out-of-state Bidder, Bidder certifies the Resident Preference given by the State or Foreign Country of Bidder’s residence. Enter the resident preference in the text box or indicate no preference.

Bidder’s state has a preference law: Yes No Bidder’s state

4.12 Open Competition

Where, in these specifications, reference is made to materials, trade names, or articles of certain manufacture, it is done for the purpose of establishing a base of comparative quality type, and https://dasebid.ionwave.net/Desktop.aspx?pid=255&caid=9&at=202&ret=254&bret=252 style and not for the purpose of limiting competition. Other materials or brands may be accepted if, in the opinion of the State of Iowa, they are equal in quality and of a design in harmony with the intent of these specifications. Samples WILL or MAY be requested to determine acceptance.

Bidder has read and agrees to this section: Yes No

4.13 Silence of Specification

The apparent silence of these specifications as to any details or the omission from it of a detail description concerning any point shall be interpreted as meaning that only the best commercial practices are to prevail, and that only materials and/or workmanship of finest quality shall be used.

Bidder has read and agrees to this section: Yes No

4.14 FOB Destination, Freight Prepaid

Bidder has read and agrees to this section: Yes No

4.15 Delivery Time

Provide the expected number of days after receipt of order until delivered to the specified facility.

Expected number of days: ______

Bidder has read and agrees to this section: Yes No

4.16 Award by Supplier

The Iowa Department of Administrative Services has determined that the award will be made to the Bidder with the best overall price.

Bidder has read and agrees to this section: Yes No

4.17 Criminal History and Background Information

The Bidder hereby explicitly authorizes the Agency to conduct criminal history and/or other background investigation(s) of the Bidder, its officers, directors, shareholders, or partners and managerial and supervisory personnel retained by the Bidder for the performance of the Contract.

Bidder has read and agrees to this section: Yes No

4.18 Insurance

The Contract will require the successful Bidder to maintain insurance coverage(s) in accordance with the contractual provisions. Bidder shall, at its sole expense, maintain in full force and effect, with insurance companies admitted to do business in the State of Iowa and acceptable to the Agency, insurance covering its work of the type and in amounts required by this Contract. Bidder’s insurance shall, among other things, insure against any loss or damage resulting from or related to Bidder’s performance of this Contract regardless of the date the claim is filed or expiration of the policy. All insurance policies required by this Contract shall: (i) be subject to the approval of the Agency; (ii) remain in full force and effect for the entire term of this Contract; and (iii) not be canceled, reduced or changed without the Agency’s prior written consent. The State of Iowa and https://dasebid.ionwave.net/Desktop.aspx?pid=255&caid=9&at=203&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=8&at=185&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=3&at=18&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=259&caid=3&at=19&ret=254&bret=252

Agency shall be named as additional insureds on all such policies, and all such policies shall include the following endorsement: “It is hereby agreed and understood that the State of Iowa and the Agency are named as additional insured, and that the coverage afforded to the State of Iowa and the Agency under this policy shall be primary insurance. If the State of Iowa or the Agency have other insurance which is applicable to a loss, such other insurance shall be on an excess, secondary or contingent basis. The amount of the insurer’s liability under this policy shall not be reduced by the existence of such other insurance.” Unless otherwise requested by the Agency, Bidder shall cause to be issued insurance policies with the coverages set forth below:

Type of Insurance Limit Amount General Liability (including contractual liability) written on an occurrence basis

General Aggregate Products – Comp/Op Aggregate Personal injury Each Occurrence

$2 million

$1 Million $1 Million $1 Million

Automobile Liability (including contractual liability) written on an occurrence basis

Combined single limit $1 Million

Excess Liability, umbrella form Each Occurrence Aggregate

$1 Million $1 Million

Errors and Omissions Insurance Each Occurrence $1 Million Property Damage Each Occurrence

Aggregate $1 Million $1 Million

Workers Compensation and Employer Liability As Required by Iowa law

As required by Iowa law

4.18.1 Certificates of Coverage

At the time of execution of this Contract, Bidder shall deliver to the Agency certificates of insurance certifying the types and the amounts of coverage, certifying that said insurance is in force before the Bidder starts work, certifying that said insurance applies to, among other things, the work, activities, products and liability of the Bidder related to this Contract, certifying that the State of Iowa and the Agency are named as additional insureds on the policies of insurance by endorsement as required herein, and certifying that no cancellation or modification of the insurance will be made without at least thirty

(30) days prior written notice to the Agency. All certificates of insurance shall be subject to approval by the Agency. The Bidder shall simultaneously with the delivery of the certificates deliver to the Agency one duplicate original of each insurance policy. Liability of Bidder Acceptance of the insurance certificates by the Agency shall not act to relieve Bidder of any obligation under this Contract. It shall be the responsibility of Bidder to keep the respective insurance policies and coverages current and in force during the life of this Contract. Bidder shall be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage, and the Bidder shall have no claim or other recourse against the State or the Agency for any costs or loss attributable to any of the foregoing, all of which shall be borne solely by the Bidder. Notwithstanding any other provision of this Contract, Bidder shall be fully responsible and liable for meeting and fulfilling all of its obligations. Acceptance of the insurance certificates by the Department shall not act to relieve Bidder of any obligation under this Contract. Bidder shall be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage, and the Bidder shall have no claim or other recourse against the State or the Department for any costs or loss attributable to any of the foregoing, all of which shall be borne solely by the Bidder.

4.18.2 Waiver of Subrogation Rights

Bidder shall obtain a waiver of any subrogation rights that any of its insurance carriers might have against the Agency or the State. The waiver of subrogation rights shall be indicated on the certificates of insurance coverage supplied to the Agency. Filing of Claims In the event either the Agency or the State suffers a loss and is unable to file a claim under any policy of insurance required under this Contract, the Bidder shall, at the Agency’s request, immediately file a proper claim under such policy. Bidder will provide the Agency with proof of filing of any such claim and keep the Agency fully informed about the status of the claim. In addition, Bidder agrees to use its best efforts to pursue any such claim, to provide information and documentation requested by any insurer providing insurance required hereunder and to cooperate with the Agency and the State. Bidder shall pay to the Agency and the State any insurance proceeds or payments in receives in connection with any such claim immediately upon Bidder’s receipt of such proceeds or payments.

4.18.3 Proceeds

In the event the Agency or the State suffers a loss that may be covered under any of the insurance policies required, neither the Bidder nor any subsidiary or affiliate thereof shall have any right to receive or recover any payments or proceeds that may be made or payable under such policies until the Agency and/or the State have fully recovered any losses, damages or expenses sustained or incurred by it (subject to applicable policy limits), and Bidder hereby assigns to the Agency and the State all of its rights in and to any and all payments and proceeds that may be made or payable under each policy of insurance required under this Contract.

Bidder has read and agrees to this section: Yes No

4.19 Defective Equipment

All equipment found to be defective within the manufacturer’s warranty period shall be returned and replaced with new equipment at the successful Bidder’s expense.

Bidder has read and agrees to this section: Yes No

4.20 Standard of Quality

The item(s) specified in this program by brand name are intended to establish a standard of quality, which will be required. Similar item or items of manufacturers other than those listed which are included in the bids submitted will be considered if comparable in quality and function.

It will be the responsibility of the Bidder to provide all technical information as to the acceptability of the alternate item(s). All products delivered shall be fully guaranteed to be free of defects, first quality no seconds or irregulars shall be accepted.

Bidder has read and agrees to this section: Yes No https://dasebid.ionwave.net/Desktop.aspx?pid=255&caid=3&at=212&ret=254&bret=252 https://dasebid.ionwave.net/Desktop.aspx?pid=255&caid=3&at=204&ret=254&bret=252

4.21 Non-Exclusive Rights

This Contract is not exclusive. The IOWA PBS reserves the right to select other Contractors to provide services similar or identical to the Scope of Services described in this Contract during the term of this Contract.

This agreement assumes the systems covered to be in maintainable condition. If repairs are found necessary upon initial inspection, or initial seasonal startup, repair charges will be submitted for approval. Should these restoration/repair charges be declined, those non-maintainable items will be eliminated from the program and the agreement price adjusted accordingly.

It is understood that the repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system such as, but not limited to, ductwork, shell, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts, is not included under this agreement.

Bidder has read and agrees to this section: Yes No

4.22 Payment Terms

Per Iowa Code § 8A.514 the State of Iowa is allowed sixty (60) days to pay an invoice submitted by a Bidder.

What discount will you give for payment in 15 days? _______ What discount will you give for payment in 30 days?