Electrician Repair and Maintenance Services Terms and Requirements.pdf

1. General Information

1.1. Purpose:

The University of Wisconsin – Madison is requesting bids for the purchase of ELECTRICIAN REPAIR AND MAINTENANCE SERVICES as needed by the University. Single jobs shall not exceed the maximum limits allowed under “projects,” and Limited Trades Policies and statutes. This work falls under the definition of “limited trades work” as defined in Wis.

Stats. Ch. 16.70(7). See DEFINITIONS, Section 1.3.

All University of Wisconsin-Madison departments must be eligible to purchase from this contract.

The University will designate a staff person, hereinafter referred to as the “Owner Representative”, to coordinate the services of the Contractor.

This work may be of an emergency nature and therefore the Contractor must have the ability to respond to University calls at any time and respond on site within two hours if the emergency requires.

All work must be performed in accordance with the State of Wisconsin, Department of Administration (DOA), Division of Facilities Development (DFD), Master Specifications, Division 26 – Electrical, Division 27 – Communications, and Division 28 – Electronic Safety and Security.

Revisions to this bid may be made only by an official written amendment issued by Purchasing.

1.2. Scope:

See Specifications (Section 5) and/or Technical Specifications (Section 6) for the minimum acceptable specifications for items/services desired. The University does not guarantee to purchase any specific quantity or dollar amount. The estimated item quantities identified in this Request for Bid are for bid purposes only.

The University reserves the right to negotiate with any contracted vendor(s) to establish additional discounts and/or lower prices for products determined to meet the requirements of a University-led initiative to set product standards.

Contract vendor(s) may be asked to provide new, lower prices for these standard products and configurations for a limited, fixed term, to fall within the term of the contract resulting from this Request for Bid.

1.3. Definitions:

The following definitions are used throughout this document:

- Apprentice means an individual who is under a State of Wisconsin indentured apprenticeship program in their related field.

- Buyer means UW purchasing agent responsible for this Request for Bid.

- Bidder means a firm submitting a bid in response to this Request for Bid.

- Contractor means successful Bidder awarded the bid.

- CT means Central Time.

- DVB means Disabled Veteran-Owned Business.

- Journey Worker means an individual who has satisfactorily completed the levels of apprenticeship and training to receive a State of Wisconsin certification under this classification.

- Limited Trades means the repair or replacement of existing equipment or building components with equipment or components of the same kind, if the work is not dependent upon the design services of an architect or engineer, and does not alter or affect the performance of any building system, structure, exterior walls, roof or exits, or the fire protection or sanitation of the building. "Limited trades work" includes decorative and surface material changes within a building and minor preventive maintenance to ancillary facilities such as drives, sidewalks and fences.

- MBE means Minority Business Enterprise.

- Nonproductive Workers means Contractor’s employees which include, but are not limited to, supervisors, pre-apprentices, or other material handlers leaving materials or equipment at the job site.

- Purchasing card means State credit card.

- Purchasing means the UW Purchasing department responsible for the procurement of goods and services.

- Regular Hours means the University service hours shall be 7:00 a.m. to 4:30 p.m. (CDT) Monday through Friday excluding holidays. No overtime will be allowed without prior written approval from the University.

- RFB means Request for Bid.

- Sourcing Module means the ShopUW+ Sourcing Event Module.

- State means State of Wisconsin.

- University and UW both mean the University of Wisconsin-MADISON.

- WBE means Woman-Owned Business Enterprise.

1.4. eSupplier/VendorNet Registration:

Registration on the State of Wisconsin’s eSupplier Portal (eSupplier.wi.gov) is available free of charge to all businesses and organizations that want to sell to the state. Refer to Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:

• Register for a bidders list for commodities/services that the vendor wants to sell to the state.

• Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (RFB) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

• Receive an e-mail notification of addendums/amendments relative to the RFB or RFP.

Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website;

or other means assume responsibility for checking for updates to the RFB or RFP.

NOTE: Registration with eSupplier/VendorNet does not register the bidder with the ShopUW+ Sourcing Event Module.

Instructions for registering with the Sourcing Module can be found here: Supplier Login or Join JAGGAER Supplier Network (sciquest.com)

1.5. Orders:

Under this contract, Specific order(s), Standing order(s), or Purchasing Card order(s) may be issued to the Contractor(s).

Bidder should identify the method by which they will accept orders against this contract (e.g. e-mail, internet, mail, phone, etc.).

• Specific order(s): issued as one-time orders.

• Standing order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Standing order(s) as needed.

• Purchasing Card order(s): issued as one-time order(s).

1.6. Electronic Commerce/Online Ordering:

Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

1.7. Campus Delivery Requirements:

• Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.

• Contractor shall follow the delivery requirements outlined by the ordering campus. Contact the ordering department or the Purchasing office for specific policy language, restrictions and a campus map.

• Any unique delivery arrangements must be pre-approved by contacting the ordering department.

• The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles.

https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20-%20Registering%20as%20a%20Bidder.pdf https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=UWisconsin https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=UWisconsin

For specific policy language, a campus map and restrictions, see the University Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx

• This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced above. Any unique delivery arrangements must be pre-approved by contacting the ordering department or Material Distribution Services (MDS) at (608) 497-4432. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries they make for the Contractor.

1.8. Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through the University’s transportation or the ordering department’s business office. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

1.9. Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

1.10. Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements, but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements.

1.11 Special Pandemic and Emergency Operations Considerations:

The University of Wisconsin System, individual campuses, municipalities, counties, or the State or Federal government may have emergency orders or guidelines in place mandating or recommending measures such as face masks, protective gear, hand washing, temperature checks, symptom reporting, social distancing, or other temporary public health and safety measures. All suppliers visiting UW campuses or participating in UW sponsored activities, whether on or off campus, must comply with all relevant University, campus, government, and public health and safety mandates and guidelines unless specifically exempted by the applicable legislation, executive order or public health order. UW reserves the right to impose additional health and safety requirements, processes, and procedures at any time. Bidders, contractors and suppliers and their support personnel present in person at any UW site or event must comply with all such applicable measures in effect at that location.

http://transportation.wisc.edu/resources/large_truck.aspx

2. Process Instructions

2.1 Term of Contract:

The initial term of this contract shall be April 1, 2023 through March 31, 2026. This contract will be automatically renewed for TWO (2) additional one-year terms, unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 60 calendar days prior to expiration of the initial and/or succeeding Contract term(s).

2.2 F.O.B. Job Site:

Services are to be performed at locations indicated when orders are placed. Delivery of all materials shall be F.O.B. job site, freight paid by Contractor. Contractor shall have a representative present at the delivery site when materials are direct shipped. University employees will not accept deliveries on behalf of the Contractor. The University shall not be responsible for any materials received or accepted on behalf of the Contractor.

2.3 Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request.

2.4 Appeals Process:

Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code. No later than five business days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be received by:

The Office of the Chancellor The University of Wisconsin-MADISON

500 LINCOLN DRIVE - MADISON, WI 53715-1218

With a copy to:

Director of Purchasing Services University of Wisconsin-MADISON

21 NORTH PARK STREET - SUITE 5301 - MADISON, WI 53715

The complete protest must be received by both parties listed above no later than ten business days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated. The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.

2.5 GSA Pricing:

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

2.6 Method of Bid:

The Bidder should submit a net unit price and a markup percentage as designated. Prices shall be in U.S. dollars. In the event of errors in calculation, unit price shall prevail.

2.7 Method of Award:

Award(s) shall be made on the basis of the net unit price and/or the lowest net lot total, whichever is judged to be in the best interest of the University. The University may award to one or multiple bidders. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified. The University is the sole determinant of its best interests.

• Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the bid is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m) (b)2,3, 16.75(3m) (c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

• A demonstration or review of service may be required before contract award. Location will be determined and negotiated after bids are opened but before the Contract award is made.

3. Bidder Qualifications

3.1 Bidder Experience:

Bidder company or its principals must be in the business of providing the requested items/services and must have done so for the past THREE (3) years.

3.2 Minimum Order:

Bids that require any minimum order quantity or dollar amount may be disqualified.

3.3 Hazardous Materials:

Contractors shall have workers who have proper level of training and certification to conduct the level of work requested including awareness of hazardous materials related to asbestos-containing materials (ACM) and lead-based paint associated with, but not limited to, conductor insulation, electrical equipment, wallboard, plaster, floor treatments, underlayment, mastics, pipe insulation, duct insulation and acoustical ceiling tiles. Contractor shall stop work and notify the Building Manager if hazardous materials are suspected or encountered. The Building Manager will address any ACM abatement required. Contractor shall adhere to all OSHA safety regulations.

4. Performance and Contract Requirements

4.1 Firm Prices:

• Labor Rates: Prices bid must remain firm for the first year (365 calendar days) of this contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

o Regular Hourly Wage Rate Increases: Price increase requests for wage rate increases must be received by

Purchasing in writing at least sixty (60) calendar days prior to the beginning of the next and subsequent years of the contract for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the Contract in whole or part. Acceptance of the price increases will be in the form of an amendment to the Contract publication.

o Overtime Hourly Wage Rate Increases: Increase(s) in the overtime-hourly rate shall be granted only when a regular time hourly rate is granted. All overtime shall not exceed a maximum of 150% (time and ½) of the single hourly rate identified on the Contract publication.

4.2 F.O.B. Destination and Installed:

All deliveries shall be FOB Destination and Installed. Delivery and installation charges and risk of loss shall be borne by the Contractor.

Items are to be installed at various campus locations, F.O.B. Destination Installed. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges, excluding any import/export costs. Items must be set in place and connected to utilities, as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel.

Failure to bid FOB Destination Installed delivery and installation charges and risk of loss borne by the Contractor in price may disqualify your bid.

4.3 On Site Service:

In carrying out the scope of this Contract, the Contractor may be required to perform services on University property.

Bidders’ cost must include all transportation charges.

4.4 Requirements for Criminal Background Checks:

• Background Checks of Contractors

This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

4.5 Mandatory Reporting of Child Abuse or Neglect:

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on a UW campus or during a UW-sponsored event, the Contractor shall also report to the Police Department.

4.6 Timeliness of Delivery:

Delivery is desired as soon as possible after receipt of an order. State in the TECHNICAL RESPONSE QUESTIONS when delivery can be made (Days ARO). Timeliness of delivery may be used in evaluation for bid award.

Once awarded, failure to meet this delivery date may result in cancellation of order (award). The University reserves the right to contract with a second vendor/contractor to receive the items/services per delivery requests.

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 2 business day(s) of receipt of order or release against existing order(s).

4.7 Additional Services:

Additional related services may be added to this Contract at the discretion of the University. Prices shall be consistent with the Contract prices for like services currently included in the Contract. Contractor should promptly notify the University of new or discontinued services.

4.8 Invoicing Requirements:

• Invoices for Purchase Orders

Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

o Contractor name o remit to address o purchase order number o release number if given o date of order/release o item manufacturer’s name or abbreviation (if applicable) o complete item description including catalog, model and/or stock number(s) identical to those stated in bid o prices per the Contract

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to the address provided in the BILLING INFORMATION section of the PO, unless the customer identifies and establishes a different bill-to location.

• Invoices must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison, WI 53715-1218 unless the customer identifies and establishes a different bill-to location.

• An information copy of invoice, with required attachments, must be sent to the Ordering Department contact person who places orders against this Contract, if requested. That person is not located at 21 N. Park St. The Contractor must determine the proper mailing address for the information copy. This information will be available at the time a contract standing order or a “purchasing card” order is placed.

• Contractor must submit invoices on a “per job” basis or as mutually agreeable with the person placing the order.

Where releases are given, each release defines the scope of the job; one release per job.

• If service is provided on a time and material job estimate Contractor shall provide an itemized invoice showing a breakdown of charges including type of service, hours worked, hourly rates and material purchases. Invoices shall not exceed the time and material estimate amount unless prior written approval has been granted by the Ordering Department. For specific orders, any change to the scope of the job that results in a change to the time and material estimate must be in the form of an official written change order. The following shall be included with the invoice:

o Labor: List the number of workers on the job, the number of hours worked, the hourly rate per the contract. If overtime charges were pre-approved by Ordering Department, Contractor’s overtime rates invoiced shall not exceed a maximum of 150% (time and ½ ) of the single hourly rate identified on the Contract publication.

o Materials: An itemized list of materials used for the job with a copy of the Contractor-paid invoice and their net unit and total prices. Net unit prices for all materials listed should include the sales tax paid for that material.

Contractor’s sales tax must not be shown as a separate line item on its materials itemization. Contractor’s invoices shall show contractor’s material costs plus quoted percent markup.

o Equipment Rental: A list of equipment rented; a copy of the Contractor-paid equipment rental invoice shall accompany the Contractor's invoice. Contractor’s invoice shall show Contractor-paid rental cost plus quoted percent markup.

• Invoices submitted without this information will be returned for entry of the missing information and will not be paid until properly completed.

• If service is provided as the result of a firm quote (not to exceed the quoted amount), Contractor may invoice the firm quote amount without further itemization. Invoices shall not exceed the firm quote amount unless prior written approval has been granted by the Ordering Department. For specific orders, any change to the scope of the job that results in a change to the firm quote must be in the form of an official written change order.

• Costs for pre-approved subcontracting (See Section 4.16) shall be shown on the invoice as a pass through cost without markup or additional charges. A copy of the subcontractor's invoice shall accompany the Contractor's invoice.

• Purchasing Card:

Order confirmation shall contain the same detail as listed for Purchase Orders and should be sent to the address given at the time the order is placed. Any fees charged for use of the University’s purchasing card program are not allowed.

4.9 Refund of Credits:

The contractor agrees to pay the state within 60 days, at the state's request, any credits resulting from the order which the state determines cannot be applied to future invoices.

4.10 Invoice Dispute:

Pursuant 15.528(3)(e) the UW System will notify supplier by e-mail or mail, at its discretion, of any disputed invoice.

4.11 Payment Terms:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. The University will pay the Contractor NET 30 DAYS as accepted by the University.

4.12 Training:

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the University. Training requirements will be negotiated with the Contractor if not identified in the bid specifications.

4.13 Insurance:

The Contractor shall maintain insurance levels as required in the DOA 3054 Standard Terms and Conditions – Section

23.0. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general and automobile liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

4.14 Performance Meetings:

The Account Representative and/or Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

4.15 Subcontracting:

• Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

• The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

• Subcontractors must abide by all terms and conditions under this Contract.

• If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

4.16 Travel Per Diems:

All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose. No truck, travel, trip, or other charges shall be paid on this contract without prior written approval from the University Contract Manager.

4.17 Activity Reports:

Contractor must be able to report on an annual basis all items/services purchased against this contract during the designated report period, including but not limited to:

• Date of order/release

• Item manufacturer’s name or abbreviation (if applicable)

• Complete item description including catalog, model and/or stock number(s) identical to those stated in bid

• Prices per the Contract

4.18 Contract Termination:

• The University may terminate the Contract at any time, without cause, by providing 10 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

• Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 20 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as, but not limited to failure to provide any of the Terms, Conditions or Specifications.

• If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

• Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, the University has the right to cancel and terminate the Contract without notice.

• If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

• All notices of performance failure must be submitted in writing to the Purchasing Office- 21 NORTH PARK STREET - SUITE 5301 - MADISON, WI 53715. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

4.19 Record and Audit:

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures.

All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

4.20 Entire Contract:

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Resulting Contract Award B. This Original Request Bid including amendments/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Department; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department.

Any exceptions to this RFB should be submitted with your response and alternative language proposed. Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and proceed to the next qualified bidder.

5. Specifications

5.1 Bid Response:

Contract Limitations: This contract is limited so no single job shall have a total cost, including all parts and labor, greater than the limits set by the Limited Trades Policies and Statute. Where releases are given, each release defines the scope of a job; one release per job.

• Maintenance, Repair and Replacement: Single jobs shall not exceed a total cost of $30,000.00. Work falls under the definition of “limited trades work” as defined in Wis. Stats. Ch. 16.70(7). See “Definitions”, Section 1.3.

• Equipment: No equipment shall be purchased against this Contract.

• Tools: Contractor shall not invoice the University for any tools needed to perform work under this Contract.

5.2 Warranty:

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must provide warranty and service level information in the TECHNICAL RESPONSE QUESTIONS and should enclose standard warranty documents with your bid. Contractor shall warranty all workmanship and materials for a period of one year from date of completion as established by date of final approval by the Ordering Department or payment of final invoice, whichever is later. The Contractor shall, at no cost to the University, provide labor and materials necessary to correct any defects found during the warranty period.

5.3 Service Hours:

Bid must include labor and travel time during stated service hours. University services hours shall be defined as 7:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays. No other charges will be paid on this contract. For example, portal to portal, mileage, travel, truck charges, per diem, meals, hotels, or any other charges not outlined on this contract will be paid to the contractor.

5.4 Additional Vendors:

Purchasing shall have the option to contract with another vendor for service if Contractor is unable to provide the service in a timely manner.

5.5 Emergency Situations:

In the event of an emergency situation (pandemic, snowstorm, etc.), Contractor shall be prepared to supply the University with the items/services on this bid as required. An emergency preparedness plan to serve the University, and the items/services that are available to meet emergency needs, shall be provided if requested by the University.

Minimally, this plan should include emergency contract information, product and service level availability, staffing, equipment, and logistics plan.

5.6 Employee Identification:

All the Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. NOTE: Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

5.7 Prior Notification of Work Start:

• All University Buildings: For all jobs, regardless of Ordering Department, the Contractor shall notify Physical Plant’s

Customer Service at 608-263-3333, DAILY prior to starting work in ANY University building and advise of actual physical location (address, building name, room number, etc.) within that building. Contractor may presume that job site entry is permitted as soon as phone notice is given; no affirmative response by Physical Plant will be made.

• University Housing Buildings:

In addition to notification required in the Section above, the Contractor must notify the appropriate University Housing’s physical facilities offices a minimum of 48 hours prior to start of work for access to all University Housing buildings or residence halls. It is a University Housing Policy to notify its residents 24 hours prior to any work being performed. The University Housing Representative will then give the Contractor instructions on how to gain access to the building or outside area where work needs to be done.

NO work is permitted prior to 9:00 a.m. within residence halls and University Apartments residences unless previous arrangements have been made. All work must come to an end and all keys must be turned back into the office prior to 4:30 p.m. each work day, unless previous arrangements have been made.

The list of University Housing contacts will be provided to the Contractor upon Contract award. This list will include phone, fax number and e-mail address for contacts for each residence hall, food service and family residential areas.

• All Other University Buildings (Other than University Housing):

In addition to notification required in the Section above, the Contractor must notify the appropriate University representative’s offices a minimum of 48 hours prior to start of work. All work must come to an end and all keys must be turned back into the office prior to 4:30 p.m. each work day, unless previous arrangements have been made.

The Ordering Department will provide the Contractor with the appropriate University Building Contact upon order placement.

5.8 Access to Facilities:

Contractor shall make arrangements with the Ordering Department for access to University facilities. The University will provide Contractor with keys required for access to service areas. NO BUILDING KEYS MAY BE COPIED. All keys shall remain in the building at all times and must be returned at the end of each day of the job unless previous arrangements have been made. Contractor's employees shall not admit anyone (except other Contractor employees) to areas controlled by a key in their possession.

If keys are lost, Contractor shall reimburse the University for the cost of replacement keys, cores and labor. This means that Contractor’s replacement cost for lost master keys could result in replacement costs of $100,000.00 or more.

5.9 Performance/Work Standards:

• Contractor shall provide all materials, and Journey Worker Electrician and Apprentice Electricians shall perform all work in compliance with the most current versions of:

o The State of Wisconsin, Department of Administration (DOA), Division of Facilities Development (DFD) Master

Specifications, Division 26 – Electrical, Division 27 – Communications, and Division 28 – Electronic Safety and Security. For more information, refer to the DFD website:

https://doa.wi.gov/Pages/DoingBusiness/MasterSpecsDesignGuide.aspx o University of Wisconsin-Madison Technical Guidelines, Division 26 – Electrical, Division 27 – Communications and Division 28 – Electronic Safety and Security in tandem with the State of Wisconsin (DOA/DFD) Master Specifications. https://cpd.fpm.wisc.edu/technical-guidelines/ o The Wisconsin State Electrical Code Volumes 1 and 2 o The State of Wisconsin Statute 35.93 – Safety and Professional Services SPS 316 https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/301_319/316 o The National Electrical Code (American National Standards Institute/National Fire Protection Association)

(ANSI/NFPA 70)

o Other applicable National Fire Protection Association codes o The National Electrical Safety Code o Present manufacturing standards including the National Electrical Manufacturers Association (NEMA).

• Contractor shall have under their employ at all times at least one employee who holds (and maintains) a State of Wisconsin Master Electrician Certificate. Contractors Journey Worker Electrician and Apprentice Electricians shall perform their work under the direction of a State of Wisconsin Certified Master Electrician. There shall be no additional charges for oversight by Master Electrician.

https://doa.wi.gov/Pages/DoingBusiness/MasterSpecsDesignGuide.aspx https://cpd.fpm.wisc.edu/technical-guidelines/ https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/301_319/316

• Contractor shall have in its employ, or under its control, sufficient qualified and competent Journey Worker Electricians and Apprentice Electricians who will install complete systems, pull wire, install fiber optic and coaxial cable, terminate voice and data cabling with University supplied connectors, install electrical boxes and electric service to work areas, troubleshoot electrical failures in equipment and systems, and perform other work as required.

• The Contractor shall employ only such workers as are skilled in the tasks to which they are assigned. The University reserves the right to require the Contractor to remove and/or not to assign any employee including Journey Worker Electricians and Apprentice Electricians the University deems incompetent, careless, insubordinate, or otherwise objectionable to working on University jobs.

• Contractor shall perform work in University buildings and outside areas as directed, and shall perform work promptly and in accordance with a schedule or work program, as approved by the Owner Representative.

• Contractors shall provide, at Contractor’s expense, all tools of the trade and equipment necessary to perform the work to University specifications.

• Contractor shall ensure that a minimum of one (1) Journey Worker Electrician is on the work site at all times to oversee work.

• Contractor shall maintain a daily time sheet and material list for every job.

• Contractor shall ensure that all installations shall be concealed or surface mounted and be consistent with existing conditions. Any variations of these conditions must be approved by Owner Representative prior to the work being started.

• Sealing and Firestopping: The Contractor shall be responsible for all sealing and firestopping of sleeves and openings between conduits, cable trays, wireways, troughs, cablebus, bus duct, etc., and structural or partition opening. The Contractor shall use products that have a rating of not less than the rating of the wall or floor that was penetrated. Contractor shall use any combination of materials necessary to provide a UL listed system for each firestopping system required under this Contract. Contractor shall only use workers skilled in such work to do the sealing and firestopping. Sealant used must be of a material that can be painted where applicable.

• If required, Contractor shall move equipment and/or furniture to perform work.

• Contractor shall provide data, voice, fiber optic and coaxial cabling test results to meet Electronic Industries

Association/Telecommunications Industry Association standards and standards set in the Telecommunications Guidelines for Structured Building Wiring Systems, (State of Wisconsin-DOA/DFD guidelines).

• Any equipment, tools or materials owned by the Contractor left on the job site are the Contractors responsibility.

The University does not take any responsibility for these items and their safety.

• As directed by the University, the Contractor shall coordinate the work with adjacent work and shall cooperate with all other trades so as to facilitate the general progress of the work. Interference with, or inconvenience to University operations shall be kept to a minimum. All exits, doors, passageways, and walks are to be kept in an unobstructed manner at all times. In no case will any Contractor be permitted to prohibit or limit from the premises or work, any other Contractor or their employees, or interfere with any other Contractor in the execution or installation of their work.

5.10 Removal of Debris and Hazardous Waste:

• The Contractor shall clean up and remove all non-hazardous debris from the job site, on a daily basis, and dispose of all debris at a State of Wisconsin licensed solid waste landfill. The Contractor shall not leave debris on University property, in University dumpsters, or in any non-Contractor owned dumpster. The contractor shall not incinerate debris, and/or dump waste by/in the street or road.

• If debris could be identified as hazardous waste, Contractor must contact THE UNIVERSITY’S Environment Health & Safety Department at 608-265-5000 for proper hazardous waste disposal procedures.

• No item, material or components shall be salvaged by the Contractor or any party.

5.11 Purchased Services – USA Requirement:

The State of Wisconsin requires purchased contractual services to be performed in the United States (Wis Stats 16.705 (1r)). Contractor warrants that the services provided to the University under this contract will be performed in the United States. The inability to perform services in the United States shall be grounds for disqualifying your bid for this contract.

5.12 Site Restoration:

The Contractor shall restore job site to original condition to the satisfaction of the Owner Representative. Contractor shall repair all surfaces, such as wall patching and painting, when required. The Contractor shall repair all damage to new and existing equipment resulting from its work. When the job is complete, the Contractor shall remove all tools, excess material and equipment, etc., from the site.

5.13 Environmentally Friendly (“Green”) Product:

Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

6. Department of Information Technology (DoIT) Specific Requirements

In the event that University Owned fiber optic or other cable is damaged or cut at campus locations, University will contact Contractor to provide “Emergency Services”.

Per contract terms, emergency services will require a site visit by Contractor within 2 hours of initial contact to determine the nature and extent of the damage to the cable. Once the damage is determined, Contractor will have 24 hours to complete a “temporary” repair to the cable. This will include, at a minimum, the installation of mechanical splices with waterproof splice cases, testing, and labeling. Contractor will provide test results to the University within three days after the temporary repair is completed. The University will then have seven days to accept or reject the results. If the University does not respond to Contractor within seven days, the work will be deemed acceptable.

Contractor will then have 30 days to return to complete a “permanent” repair which will include fusion splicing and permanent replacement of waterproof casing or housing. The same testing and labeling procedures as listed for the temporary repair will also apply to the permanent repair.

In the event that conditions do not allow for the completion of the Permanent repair within the 30 day time frame, (i.e.“Force Majeure “, extreme weather conditions), University will work with Contractor to determine a reasonable timeframe to complete the work in a safe and high quality manner.

Testing will be completed by Contractor. Acceptance of the completed work will be done by University. The telephone numbers and email addresses of the department point-of-contact individuals (and the alternate points-of-contact) will be provided to Contractor. Contractor will also provide the telephone number of their on-site supervisor to the University points-of-contact.

University will prepare and make available an “Emergency Repair Kit” that will contain necessary cabling and splicing materials that can be used for the emergency repairs anticipated in this amendment. Additional information regarding placement or storage of this kit will be worked out between University staff and Contractors personnel. This kit will be University owned and as inventory is used, University will be responsible for replacing and replenishing the kit.

Purchase Orders for this emergency service work to be performed will be prepared by University. Any third party insurance claims for damage to University property will be pursued by University and will not be Contractors responsibility.

Cables: Any alternate product bid must be compatible with and capable of being interfaced with identical cables and connectors used with the specified equipment with no additional expense to the University to make the alternate product compatible with existing equipment.