RFB SF251123 HVAC Services Final.pdf

REQUEST FOR BID

Heating Ventilation and Air Conditioning (HVAC) Services

Bid Number: SF251123

Issued: May 23, 2025

Responses Due: August 5, 2025, 1:00 PM CT

Docusign Envelope ID: 2AAA3F58-5AE2-40EB-98A0-C1FE70861A1C

Commercial Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair Services

Table of Contents Table of Contents

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 OVERVIEW OF PROCURING AGENCY, BACKGROUND, AND OBJECTIVES

1.4 CONTRACT TERM

1.5 MODIFICATIONS OF CONTRACT

1.6 ORDER OF PRECEDENCE

1.7 COOPERATIVE PURCHASING SERVICES

1.8 RESPONDING TO BID REQUIREMENTS AND QUALIFICATIONS

2.0 MANDATORY BIDDER QUALIFICATIONS

2.1 BIDDER YEARS IN BUSINESS

2.2 EPA SECTION 608 TECHNICIAN CERTIFICATION

2.3 WISCONSIN HVAC CONTRACTOR LICENSE

3.0 MANDATORY REQUIREMENTS OF BID

3.1 RESPONSILITIES REQUIREMENTS

3.2 TECHNICIAN SKILL SETS

3.2.1 THIRD (3rd)+ YEAR APPRENTICE EXPERIENCE

3.2.2 JOURNEYMAN LEVEL EXPERIENCE

3.3 MATERIALS AND WORKMANSHIP

3.4 RESPONSE TIMES, EMERGENCIES AND CONTACTS

3.5 WORK HOURS

3.6 HAZARDOUS WASTE

3.7 PERFORMANCE, SAFETY, AND SUPPORT REQUIREMENTS

3.8 USE OF SUBCONTRACTOR(S)

3.9 UNIFORM AND IDENTIFICATION

3.10 SECURE SITE LOCATION AND GATE ACCESS

3.10.1 ACCESS TO FACILITIES

3.10.2 CONTRACTOR VEHICLES

3.10.3 VEHICLE INSURANCE AND DRIVERS LICENSE

3.10.4 WSFP POLICE DEPARTMENT TRAFFIC ENFORCEMENT

3.11 GENERAL REQUIREMENTS

3.11.1 CONTRACT TERMINATION HISTORY

3.11.2 CERTIFICATES OF INSURANCE

3.11.3 PURCHASE ORDERS FOR EXECUTING SERVICES

3.11.4 PAYMENT TERMS

3.11.5 INVOICING

3.11.6 PROMPT PAYMENT

3.11.7 OUT OF SCOPE

3.11.8 DISSATISFACTION

3.11.9 EXECUTIVE ORDER 184

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 LIQUIDATED DAMAGES

4.3 TOBACCO-FREE ENVIRONMENT

4.4 FRATERNIZATION/AGENCY WORK RULES

4.5 THIRD-PARTY FINANCING

4.6 SAFETY DATA SHEETS

4.7 CANCELLATION AND TERMINATION

4.8 NONDISCRIMINATION AND AFFIRMATIVE ACTION

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

5.2 REQUESTING COST ADJUSTMENTS

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.6 WISCONSIN eSUPPLIER PORTAL BID SUBMITTAL (STRONGLY PREFERRED)

6.7 HARD COPY BID SUBMITTAL

6.8 FORMAT OF BID RESPONSE

6.9 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 SUPPLIER DIVERSITY

7.4.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.4.2 VETERAN-OWNED BUSINESS

7.4.3 DISABLED VETERAN-OWNED BUSINESS

7.4.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.5 AWARD NOTIFICATION

7.6 PROTESTS

7.7 PROTEST CONCERNING A SOLICITATION

7.8 PROTEST CONCERNING THE INTENT TO AWARD A CONTRACT

8.0 REQUIRED FORMS

1.0 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State of Wisconsin (State) intends to purchase.

Reviewing this section will help determine the Bidder’s ability to meet the Wisconsin State Fair Park Facility Services Department’s (WSFP Facility Services Department) needs.

1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract, the following definitions of terms must apply, unless otherwise indicated.

Agency: An office, department, Agency, institution of higher education, association, society, or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Annual Wisconsin State Fair Dates: Occurring annually, the first Thursday of August for eleven (11) continuous days.

Authorized Users: Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §16.70 (1b), (1e), (2), (4) and (8), §16.73 and §66.0301 of the Wisconsin Statutes and PRO-D-30 of the State Procurement Manual.

Bid: A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bidder: A person or firm that responds to this Request for Bid.

Bid Factor: An element of the bid that does not appear in the RFB document, but the Bidder must respond to. Bid Factors can be seen and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

BTU(s): British Thermal Unit(s). One BTU is the amount of energy necessary to raise the temperature of one pound of water from 60 Fahrenheit to 61 Fahrenheit.

CAPS: Consolidated Agency Purchasing Services Commercial (HVAC Systems): HVAC systems with cooling capacities in excess of 10 tons, heating capacities greater than 250-MBH servicing floor spaces in excess of 10,000 square feet.

Commodity: A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Contract: The written agreement between the successful Bidder and the State covering the commodities and Services to be performed pursuant to this RFB.

Contractor: The person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, Materials, supplies, contractual Services, or leasing real property to the Procuring Agency.

Contract Administrator: The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contract Manager: The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator;

and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.

Contractual Services: An intangible product, including actions, recommendations, plans, research, customizations, modification, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

CT: Central Time Disabled Veteran-Owned Business

(DVB):

A business that has been certified by the Department of Administration under Wis. Stat. §16.283.

DOA: Department of Administration HVAC: Heating, Ventilation, and Air Conditioning systems designed to control the temperature, humidity, and air quality within a space.

Journeyman: A person holding the required HVAC certification license to install, repair, and maintain heating, ventilation, air conditioning, and refrigeration systems.

Laborer: Performs basic yet important physical work tasks Mandatory: A requirement labeled as such must be present in the Bid submission, exactly as stated, or the submission will not be considered by the State of Wisconsin. The terms “must” and “must” are considered mandatory.

Materials: Equipment needed to complete the installation of the HVAC equipment. This may include but is not limited to; pipes, fittings, seals, gaskets, refrigerant.

MBH: Thousand BTU’s per hour. It is a measure of the size of air conditioning system in the traditional Imperial System of measurements.

Mechanic: A tradesman, craftsman, or technician who uses tools to build or repair machinery

Minority-Owned Business Enterprise

(MBE):

A business that has been certified by the Department of Administration under Wis. Stat. §16.287

Municipality: Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical, and adult education district, or any other public body having the authority to award public Contracts (Wis. Stat §16.70(8)).

Non-Regular Business Days: Non-Regular Business Days are State Holidays, Saturday and Sunday regardless of time.

Non-Regular Hours: Those hours are not included in Regular Hours or State holidays.

Those hours are 4:30 PM to 7:00 AM Central Time.

Notice of Intent to Award: A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

OEM: Original Equipment Manufacturer OSHA: Occupational Safety and Health Administration Overtime Hours: Overtime hours apply to work performed before 7 AM or after 4:30

PM, Monday through Friday, and all hours on Saturday.

Premium Overtime Hours: Premium overtime hours apply to work performed on Sundays and

State Holidays.

Procurement Specialist: The individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions.

Regular Business Days: Wisconsin State Fair Park’s Regular Business Days are Monday through Friday.

Regular Business Hours: Regular Business Hours are 7:00AM to 4:30PM Central Time excluding State Holidays.

Requirement: A descriptive statement of physical, functional, and performance characteristics of the Commodity or Service required by the Procuring Agency.

Responsive: A Bidder who has finished information and data to prove that the financial resources, service, facilities, Employees, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFB.

RFB: Request For Bid Safety Data Sheets (SDS): A written or printed material concerning a hazardous chemical which is prepared in accordance with 29 CFR 1910. 1200(g).

Services: An intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB. This includes delivery, set-up, servicing, and removal of portable equipment outlined in this

RFB.

Specification: A descriptive statement of the physical, functional and performance characteristics of the Commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing, or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement"

STAR PeopleSoft: Workforce management solution software used by the State of Wisconsin

State: State of Wisconsin State Holidays: New Year's Day (January 1)

Martin Luther King Jr.'s Birthday (3rd Monday in January) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Thanksgiving Day (4th Thursday in November) Christmas Eve Day (December 24) Christmas Day (December 25) New Year's Eve Day (December 31)

Supplier: Bidder that has been awarded a Contract Technician, HVAC: Skilled in journey level work required to install, modify, inspect, troubleshoot, repair and maintain commercial heating, ventilation, air-conditioning, refrigeration and equipment.

Third (3rd)+ Year Apprentice: An HVAC technician in a third-year trainee position learning various tasks related to installing, maintaining, and repairing heating, ventilation, air conditioning, and refrigeration systems. Working under the guidance of a Journeyman to gain practical experience and develop their skills.

Time and Materials: The Contract is based on the actual cost of Materials and the fixed hourly rate for the labor spent by the Contractor to complete the work.

USPS: United States Postal System VB: Veteran-Owned Business WBE: Woman-Owned Business Enterprise Work Order: Wisconsin State Fair Park’s Facility Services Department’s assigned project and tasks to the Contractor WSF: Wisconsin State Fair WSFP: Wisconsin State Fair Park

WSFP Facility Services Department: WSFP administrative and operational management staff of the facility

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State), Department of Administration (DOA), Consolidated Agency Purchasing Services (CAPS), on behalf of the Wisconsin State Fair Park Facility Services Department (WSFP Facility Services Department), requests Bids for Commercial Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair Services and intends to use the results of this process to award a Contract.

The State does not guarantee it will purchase any specific quantity or pay any minimum dollar amount during the term of the Contract. The State also reserves the right not to order any Services. Bids that require a minimum number of Services be ordered shall be rejected. There shall be no guarantee to purchase any specific quantity or pay any minimum contract price during the term of the Contract. The State reserves the right to cancel this RFB for any reason prior to the issuance of the Notice of Intent to Award.

As required by State of Wisconsin Statues, the State reserves the right to cancel this Contract in whole or in part, and shall have no liability to the Contractor whatsoever, where the project is ineligible for funding under applicable federal rules or in the event of termination due to non-appropriation of funds or receipt of funds by the Legislature or federal government.

1.3 OVERVIEW OF PROCURING AGENCY, BACKGROUND, AND OBJECTIVES

The approximately two hundred (200) acre WSFP operates year-round, and was originally created as the home of the annual Wisconsin State Fair (WSF) which commences the first Thursday of August for eleven (11) days. In 2023, the Wisconsin State Fair celebrated one hundred seventy (170) years of tradition and annually welcomes over one million (1,000,000) fairgoers.

The annual WSF mission celebrates agriculture and other industries paramount to the State of Wisconsin’s rich history and promising future by producing family-friendly, affordable, safe, and educational events for all ages and ethnicities, along with creating memories and traditions carried on for generations.

The Contractor’s responsibilities will include diagnosis, repair, and preventative maintenance of various commercial heating, ventilation, and air conditioning systems, as directed by the assigned WSFP Facility Services Department staff. Controls wiring and related work may also be required to be performed under this Contract.

Please see Appendix 1 – HVAC Units Information and Locations for full list of HVAC units and their locations.

The majority of the HVAC units are manufactured by McQuay, Trane, and Carrier and include (but are not limited to):

• Rooftop air conditioning units (60-100 tons cooling) with gas fired heat

• Air handling units (20-40 tons cooling) with hydronic heat

• Gas fired boilers for hydronic heating

• Split system air conditioners (approximately 3 tons cooling) with gas or electric heat

• Exhaust/air circulating fans

• Johnson Controls Metasys System in Expo Center and Youth Center

Billable time under this Contract will begin when the Contractor arrives on the grounds and will end when the Contractor departs the grounds. Overtime or evening work may be needed in an emergency. At its sole discretion, WSFP Facility Services Department may designate a call for Service as an emergency. The Contractor will be entitled to charge emergency rates for the call for emergency Services so long as the three (3) hour emergency Services response time is met.

Service is required year-round at the Wisconsin State Fair Park and will include services and repairs during events as assigned during Regular and Non-Regular Business Days and Hours.

1.4 CONTRACT TERM

This Contract will be an initial three (3) year period. The WSFP Facility Services Department and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2), one (1) year periods.

The Contract must be effective on the date it is executed by the Procuring Agency. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The RFB documents, the awarded Bidder's response as accepted by the WSFP Facility Services Department, and any purchase order related to this RFB must become the Contract between the parties unless a separate Contract is executed.

1.5 MODIFICATIONS OF CONTRACT

The Contract must not be used for purchasing Commodities or Services outside of the general scope and intent of the original RFB. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in writing and signed by both parties or they must be void. The Contract must be effective on the date it is executed by WSFP Facility Services Department.

1.6 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties must be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

1. Final Signed Contract with clarifications included

2. Official Purchase Order

3. Bid Response as accepted by the State

4. Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

1. Official Purchase Order

2. Bid Response as accepted by the State

3. Request for Bid

1.7 COOPERATIVE PURCHASING SERVICES

Commodities and Services may be made available to Municipalities upon agreement of the Contractor.

Where requested by the State, and agreed to by the Contractor, Municipalities must be able to obtain the Commodities and Services procured under the Contract at the same rates agreed to by WSFP Facility Services Department and the Contractor. The Contractor must be responsible for confirming the status of potential

Municipalities with WSFP Facility Services Department and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.8 RESPONDING TO BID REQUIREMENTS AND QUALIFICATIONS

Mandatory Bidder Requirements and qualifications in this RFB document shall be minimally met without exception; failure to meet such shall disqualify your Bid. All Requirements are defined as minimum Mandatory Requirements unless otherwise stated. Mandatory Bidder Requirements and qualifications shall be met at no additional cost above the costs provided in the Bid.

Before the award of any Contract, WSFP Facility Services Department shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint WSFP Facility Services Department with these Requirements and qualifications by submitting appropriate or supporting documentation.

Certain qualifications or Requirements may be presented as itemized questions that require an affirmative response from you that you can meet them (e.g., "yes/no" prompt, dropdown menu, required attachment).

Other Requirements may be presented in a grouped manner (e.g., "Does your company meet requirements 2.1-2.8?"). For any itemized or grouped requirements that you cannot meet, Bidders must check "no".

In the event that no single Bidder is able to meet an individual Mandatory Requirement or qualification, the State reserves the right to eliminate the individual Mandatory Requirement or qualification; in such case, the State shall continue the review of Bids and to select the Bid that most closely meets the Requirements and qualification specified in this RFB.

Bidder must use Attachment C - Response to Bid Qualifications and Requirements to respond to all qualifications and Requirements in Sections 2 and 3.

2.0 MANDATORY BIDDER QUALIFICATIONS

All Bidder qualifications in this section are Mandatory and must be met at no additional cost above the cost provided in the Bid.

2.1 BIDDER YEARS IN BUSINESS

Bidder must be in the business of providing Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair Services to Commercial accounts (i.e Commercial grade HVAC Systems as opposed to residential grade systems) and must have been in business for the past five (5) years.

2.2 EPA SECTION 608 TECHNICIAN CERTIFICATION

Any Contractor staff who handle refrigerant must possess EPA Section 608 Technician Certification. Proof of certifications for each Bidder staff must be submitted with the Bid response.

https://www.epa.gov/section608/section-608-technician-certification-requirements

2.3 WISCONSIN HVAC CONTRACTOR LICENSE

Bidder must possess a valid HVAC Contractor License issued by the Wisconsin Department of Safety and Professional Services. Proof of license must be submitted with the Bid response.

https://dsps.wi.gov/Pages/Professions/HVACContractor/Default.aspx https://www.epa.gov/section608/section-608-technician-certification-requirements https://dsps.wi.gov/Pages/Professions/HVACContractor/Default.aspx

3.0 MANDATORY REQUIREMENTS OF BID

All Requirements in this section are Mandatory and must be met at no additional cost above the cost provided in the Bid.

3.1 RESPONSILITIES REQUIREMENTS

3.1.1 Contractor’s responsibilities must include diagnosis, repair, and preventative maintenance of various commercial heating, ventilation, and air conditioning systems and controls wiring and related work as directed by the assigned WSFP Facility Services Department staff.

3.2 TECHNICIAN SKILL SETS

3.2.1 THIRD (3rd)+ YEAR APPRENTICE EXPERIENCE

3.2.1.1 Third (3rd)+ Year Apprentices must have three (3) or more years of experience training under the guidance of a Journeyman.

3.2.2 JOURNEYMAN LEVEL EXPERIENCE

3.2.2.1 Journeyman technicians must have successfully completed a recognized training program of four

(4) to five (5) years consisting of formal classroom training combined with on-the-job training under the supervision of a Journeyman level technician.

3.2.2.2 Contractor technicians must have an additional five (5) years of work experience at a Journeyman level performing maintenance and repair tasks on air conditioning and refrigeration systems that require DSPS inspections and permits to operate (Toxic-flammable refrigerant systems 10 ton and above and Regular refrigerant systems 50 ton & above). (Bidder must submit Attachment D - Journeyman Level Technical Experience Form to substantiate their response to this Mandatory Requirement)

3.3 MATERIALS AND WORKMANSHIP

3.3.1 Contractor must furnish all machinery, equipment and limited Materials necessary to complete Services.

3.3.2 Contractor must notify WSFP Facility Services Department regarding the repair or replacement of any worn parts found during any of the scheduled Services or any other service calls to obtain approval to proceed with recommended repairs or replacements.

3.3.3 Contractor must bill WSFP Facility Services Department for replacement Materials at no more than cost plus 10%.

3.3.4 Contractor must submit any copy of receipts for Materials over $100 with their invoice.

3.3.5 All equipment, Materials and articles incorporated in Services must be new unless otherwise approved by WSFP Facility Services Department.

3.3.6 Contractor must be responsible for the replacement costs of lost refrigerant and/or repairs to equipment that is the direct or indirect result of Contractor’s failure to follow proper maintenance and operating procedures. (Loss of refrigerant does not include the minimum losses that are necessary to facilitate repairs.)

3.3.7 All workmanship and Materials must be of the best grade of their respective kinds.

3.3.8 Services and Materials must be performed and furnished in accordance with established practice and standards recognized by the trade.

3.3.9 Contractor will be notified by the WSFP Facility Services Department in the event the Contractor’s work performance is unsatisfactory, and Contractor must correct the unsatisfactory work within four (4) hours at no cost to the State.

3.3.10 Contractor and their staff must comply with all EPA regulations on refrigerant handling, recycling and recovery.

3.4 RESPONSE TIMES, EMERGENCIES AND CONTACTS

3.4.1 Contractor must have the ability to respond to calls for Services twenty-four (24) hours per day, seven (7) days per week.

3.4.2 Contractor must be on the WSFP grounds to respond to calls for Service within one (1) Regular Business Day after receiving a telephone call for Services.

3.4.3 Contractor must be on the WSFP grounds within three (3) hours after receiving a telephone call for emergency Services.

3.4.4 Contractor must provide the WSFP Facility Services Department with the following information:

• Central point of contact personnel name(s) and telephone number(s) for 24/7/365 placement of Service calls

• Emergency contact(s) personnel name(s)and telephone number(s)

3.4.5 Contractor must notify WSFP Facility Services Department of any changes in the point of contacts within five (5) business days of the change.

3.5 WORK HOURS

3.5.1 Contractor must be responsible for scheduling all planned maintenance services in advance of the start date of each service period with WSFP Facility Services Department.

3.5.2 Contractor’s staff must check in with the Mechanical Engineer or other authorized user upon arrival to receive project details, and shall provide a recap of work performed prior to departure.

3.5.3 Billable time under this Contract must begin when the Contractor arrives on the grounds and must end when the Contractor departs the grounds

3.5.4 Regular hourly rates must apply to work performed from 7:00 AM CT through 4:30 PM CT, Monday through Friday.

3.5.5 Overtime hourly rates must apply to work performed from 4:30 PM CT through 7:00 AM CT, Monday through Friday, and all hours on Saturday.

3.5.6 Premium overtime hourly rates must apply to work performed on Sundays and State Holidays.

3.5.7 Contractor must bill WSFP Facility Services Department emergency hourly rates for emergency Services performed, only when the three (3) hour emergency Services response time is met (per Section 1.3).

3.6 HAZARDOUS WASTE

3.6.1 Universal and Hazardous Waste must be removed by the Contractor in accordance with State and Federal regulations and guidelines.

3.6.2 Contractor must be responsible for removal and proper disposal of waste oil, refrigerant and any other material associated with the work performed.

3.7 PERFORMANCE, SAFETY, AND SUPPORT REQUIREMENTS

3.7.1 Contractor must comply with all statutory rules and regulations. All applicable federal, state and local laws, licensing, rules and regulations governing this type of service shall apply.

3.7.2 Contractor must be in compliance with all environmental regulations and to provide a safe and healthy workplace at all facilities. Environmental, health and safety concerns include preventing incidents that may harm the environment, accidental injury to employees or visitors, and/or exposure to harmful chemical or physical agents.

3.7.3 Contractor must have available under their direct supervision, the necessary organization, experience, any special tools or equipment, the supervisory, technical and engineering assistance to fulfill all the conditions and Requirements under this RFB in the performance of the Contract.

3.7.4 The Contractor must be solely responsible for all actions initiated and/or completed by their employees.

3.7.5 Contractor must utilize experienced technicians capable of all required services to the makes and models of HVAC systems included in Appendix 1 – HVAC Units Information and Locations.

3.8 USE OF SUBCONTRACTOR(S)

3.8.1 Contractor must be responsible for the Contract performance of its subcontractor(s). The Contract will be between the WSFP Facility Services Department and the awardee.

3.8.2 Contractor must be responsible for its subcontractor(s) performance of the pertinent Contract obligations including related Requirements, insurance requirements, and applicable regulations.

3.8.3 Contractor must identify any potential subcontractor(s) it intends to use to provide the product or service it will provide if awarded the Contract in DOA-3832 Bidder Required Form.

3.8.4 WSFP Facility Services Department retains the right to require the reassignment of the Contractor’s employees and their subcontractors (if applicable). Reasons for this request may be, but are not limited to:

incompetence, carelessness, disruptive or otherwise objectionable behavior.

3.8.5 Contractor must immediately transfer from the premises any employee whose actions or performance are objectionable to the WSFP Facility Services Department.

3.8.6 A request by the WSFP Facility Services Department to transfer an employee must not constitute an order to discipline or discharge the employee.

3.8.7 All actions taken by the Contractor regarding employee discipline must be at the sole discretion of the Contractor.

3.8.8 WSFP Facility Services Department must be held harmless in any disputes the Contractor may have with the Contractor's employees. This must include, but is not limited to, charges of discrimination, harassment, and discharge without just cause.

3.8.9 Contractor must obtain approval from the WSFP Facility Services Department in writing for all subcontractor(s) and any proposed subcontractor substitutions prior to the start of their work. Contractor must submit any proposed substitution(s) of approved subcontractor(s) in writing to WSFP Facility Services Department thirty (30) calendar days prior to implementation of the substitution, and include the substitute's qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify WSFP Facility Services Department may result in cancellation of the Contract without notice and without penalty to the State.

For all subcontractor(s), Bidder must:

o Name the subcontractor(s) o Explain its relationship with the subcontractor(s) o Describe the role the subcontractor(s) will play o Provide the name and a description of subcontractor(s) relevant qualifications and capabilities

3.9 UNIFORM AND IDENTIFICATION

Contractor staff must be identified while performing services at the WSFP by wearing a uniform such as a shirt indicating the name of the company, company logo, and name of employee, or by carrying an identification card with company name, company logo, name of employee, and photograph of employee.

3.10 SECURE SITE LOCATION AND GATE ACCESS

Contractor must enter the WSFP fairgrounds at GATE 5 and be checked in by Public Safety upon each entry at the address below. Be prepared to valid government issued photograph identification if requested by a guard prior to entry.

Wisconsin State Fair Park - Gate 5 640 South 84th Street West Allis, WI 53214

3.10.1 ACCESS TO FACILITIES

3.10.1.1 Contractor must contact and be approved by the WSFP Facility Services Department for access to job sites.

3.10.1.2 Contractor's employees must not admit anyone (except other Contractor employees) to areas for service.

3.10.2 CONTRACTOR VEHICLES

Contractor's vehicles are considered a Privately-Owned Vehicle (POV) when entering the fairgrounds and WSFP is not responsible for POVs on the fairgrounds. All POV's must be licensed, registered, and insured in accordance with Wisconsin State Law. All POV’s on the fairgrounds must follow all State of Wisconsin laws.

3.10.3 VEHICLE INSURANCE AND DRIVERS LICENSE

The Contractor must be prepared to show proof of vehicle insurance and their government-issued Driver’s license, if requested by WSFP Police Department.

3.10.4 WSFP POLICE DEPARTMENT TRAFFIC ENFORCEMENT

All POV’s entering the fairgrounds must follow all laws. The WSFP Police Department patrols the fairgrounds can and must issue citations of violations and may be subject to a search, if applicable.

3.11 GENERAL REQUIREMENTS

3.11.1 CONTRACT TERMINATION HISTORY

Bidder must indicate (in Bid Factors) if they have had a contract with the State or another governmental entity that was terminated for cause in the last five (5) years.

Termination for Cause is defined as having a contract cancelled for failure to perform the specifications of the contract after receiving a notice of Right to Cure from such entity. See Section 4.7 Cancellation and Termination.

WSFP Facility Services Department will review the facts and may, at its sole discretion, reject the Bid on the grounds of the experience.

3.11.2 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued, the winning Contractor will be required to provide copies of applicable insurance certificates within fourteen (14) business days. The WSFP must evaluate all insurance certificates for compliance. Should the Contractor not provide the appropriate Certificates of Insurance within fourteen (14) days of the State's issuance of the Notice of Intent to Award, the Contractor must be given an additional seven (7) days to comply. Should the appropriate Certificates of Insurance not be received within that time, the State reserves the right to cancel the award or Contract and make another award.

The policies and/or certificates must be submitted to the WSFP upon request for annual review and/or when insurance coverage(s) or providers are changed. In the event the Contractor’s required insurance policies in effect during this Contract are modified or cancelled, the Contractor must immediately provide notice to the

WSFP.

The following minimum insurance coverage and limits must be required in the Contract resulting from the Bid award:

A. Workers Compensation (WC) NO EXEMPTIONS Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

B. Commercial General Liability

1. General Aggregate including Products and Completed Operations $1,000,000

2. Each Occurrence $1,000,000

C. Automobile Liability Combined Single Limit $1,000,000

D. Professional Liability

1. Per occurrence or claim $1,000,000

2. Aggregate $2,000,000

E. Contractors Pollution Liability

1. Per occurrence or claim $1,000,000

2. Aggregate $2,000,000

Additional Insured: The Contractor must add the “State of Wisconsin, its officers, employees, and agents” as an additional insured under the commercial general and automobile liability policies.

The Certificates of Insurance listed in this section must be provided as stated herein to:

Wisconsin State Fair Park Attn: Purchasing Manager 640 S 84th Street

3.11.3 PURCHASE ORDERS FOR EXECUTING SERVICES

No Service is to be provided until an official State of Wisconsin purchase order is issued by the WSFP Facility Services Department to the Contractor

NOTE: When there is more than one (1) State fiscal year (July 1 through June 30) or a portion of a fiscal year in the Contract period, a separate purchase order will be issued for each fiscal year in accordance with the State’s policy on the issuance of purchase orders.

3.11.4 PAYMENT TERMS

The WSFP Facility Services Department will not make prepayments. Payment will not be made until the Commercial HVAC Services have been determined to meet all Specifications, requirements and deliverables and have been accepted by the WSFP Facility Services Department.

Bidders who are not set up as a Supplier in the STAR PeopleSoft system will be required to complete new Supplier documents before any payments can be issued. The awarded Bidder must provide information regarding new Supplier account establishment by the Contract Manager. As part of the account establishment, Supplier will elect to receive payments by check or Automated Clearing House (ACH). ACH payments are highly encouraged for efficiency in handling and processing time.

Contractor must offer the State a 2% discount for payments made within ten (10) calendar days after the receipt of invoice. If the Supplier does not offer 2% discount terms, the Supplier must be paid thirty (30) calendar days from the date the invoice was received. The WSFP Facility Services Department must meet statutory mandate to pay invoices within thirty (30) calendar days of receipt of invoice or services, whichever is later. Exemptions to the mandate are federally funded purchases and aids payments to individuals or organizations.

3.11.5 INVOICING

Contractor must provide invoices reflecting the Contracted costs. Per Section 3.3.3, Contractor must bill WSFP Facility Services Department for replacement Materials at no more than cost plus 10%.

WSFP Facility Services Department verifies invoiced amounts are correct as per the Contract. Travel time and mileage must be at the Contractors expense and must not be billed. Only properly submitted invoices will be processed for payment. Invoices must conform to the instructions below. Invoices must be itemized as follows:

• Contractor name

• Remit to address

• Invoice number

• Purchase order number

• Charges in the same format as the terms of the RFB abstract

The original invoice must be emailed to: ap@wistatefair.com

The Contract is limited to the commodities and/or services listed in the Contract document or accompanying attachments or amendments. Items ordered not covered by this RFB will be considered out of scope. The Contractor must not accept or fulfill orders for items out of scope. Invoices sent to WSFP Facility Services Department for items not covered.

3.11.6 PROMPT PAYMENT

If the invoice does not include one or more of the items listed in Section 3.11.5, WSFP Facility Services Department may return the invoice and a form indicating the items to be corrected before the invoice must be considered “properly completed” and processed for payment.

In addition, as described on the Prompt Payment Law website, the Contractor must not add late fees, penalties, or other charges if the State has met the thirty (30) day payment requirement (which is based on the receipt of a properly completed invoice or receipt of the good/service). Invoices including these unallowable fees must be returned to the Contractor and must be corrected before the invoice may be considered “properly completed” and processed for payment.

3.11.7 OUT OF SCOPE

The Contract is limited to the services listed in the Contract document or accompanying attachments or amendments. Items ordered not covered by this RFB will be considered out of scope. The Contractor must neither accept nor fulfill orders for items out of scope.

3.11.8 DISSATISFACTION

If WSFP Facility Services Department is dissatisfied with the quality of the Service, WSFP Facility Services Department will provide written notice to the Contractor of the deficiency. If the Contractor fails to correct the deficiency by the date identified in the notice, WSFP Facility Services Department may withhold funds under this Contract, request reimbursement for the Service paid for but not delivered or withhold funds due from delivery under another Contract. Nothing set forth herein prevents or prohibits WSFP Facility Services Department from pursuing other legal or equitable remedies.

3.11.9 EXECUTIVE ORDER 184

As of January 11, 2023, per Executive Order 184, the following vendors and/or software are prohibited from being utilized in fulfillment of contracts with the State of Wisconsin. Contractor will not provide products or services nor establish a subcontractor relationship with the following companies:

mailto:ap@wistatefair.com

a. TikTok

b. Huawei Technologies

c. ZTE Corp

d. Hytera Communications Corporation

e. Hangzhou Hikvision Digital Technology Company

f. Dahua Technology Company

g. Tencent Holdings, including but not limited to:

i. Tencent QQ

ii. QQ Wallet

iii. WeChat

h. Alibaba products, including but not limited to:

i. AliPay

ii. Kaspersky Lab

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder must not submit its own Contract document as a substitute for the State's Special Terms and Conditions.

Bidders must accept all terms and conditions in the Standard Terms and Conditions (DOA-3054) and Supplemental Terms and Conditions (DOA-3681) or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder's suggested revisions.

Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

4.1 BACKGROUND CHECKS

Due to the nature of this solicitation, the WSFP Facility Services Department reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable, in order to determine whether any conviction exists that is substantially related to the solicited Commodity or service, or if such conviction may adversely affect the Bidder's ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Bidder’s ability to meet contractual obligations and requirements.

4.2 LIQUIDATED DAMAGES

The WSFP Facility Services Department may suffer damages due to the Contractor’s lack of performance of certain terms and conditions of the resulting Contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non-performance, the Procuring Agency will impose the following liquidated damages for the performance failures listed below:

In the event that the Contractor fails do provide services in accordance with the terms and conditions of the Contract, the WSFP Facility Services Department must have the option to either terminate the contract or temporarily procure the service from another supplier. If the service is procured through another supplier, the Contractor must pay the WSFP Facility Services Department any difference between the Bid cost and the cost of the other supplier.

4.3 TOBACCO-FREE ENVIRONMENT

All WSFP facilities are tobacco-free and vape pen-free. Contractors are not to possess or use any tobacco and vape pen products within fifty (50) feet of any WSFP facility.

4.4 FRATERNIZATION/AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules. A copy of these rules may be obtained by written request to the WSFP Facility Services Department Purchasing Manager.

4.5 THIRD-PARTY FINANCING

Bidders on Lease or Rental Bids that are using third-party financing must identify the company, quote the interest rate, and include a copy of their lease or rental Contract with the Bid.

4.6 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by Wis. Stat. §101.58, the Contractor must include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor must send the initial or updated Safety Data Sheet(s) with a complete container, partial container, or single product. The distributor, manufacturer, or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

Safety Data Sheets must be provided as stated herein to:

• Wisconsin State Fair Park Purchasing Manager 640 South 84th Street

4.7 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract.

The Contractor may terminate this Contract after providing the State with one hundred and twenty (120) calendar day notice of the State's right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party must be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least a thirty (30) calendar day notice to the Contractor, and the Contractor providing at least a one hundred and twenty (120) calendar day notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor must be entitled to receive compensation for any fees owed under the Contract. The Contractor must also be compensated for partially completed Services. In this event, compensation for such partially completed Services must be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State must be entitled to a refund for goods or Services paid for but not received or implemented, such refund to be paid within thirty

(30) days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

• Fails to perform any material obligation required under the Contract

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally imposed, 30-day notice

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of §77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and

Conditions (DOA-3054)

• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this

Contract

• Fails to maintain the confidentiality of the State's information that is considered Confidential

Information, proprietary, or containing Personally Identifiable Information

• Contractor performance threatens the health or safety of a State employee or State customer

4.8 NONDISCRIMINATION AND AFFIRMATIVE ACTION

The Bidder must comply with Section 19 of the Standard Terms and Conditions (DOA-3054) and submit an affirmative action plan as required.

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

Bidders must complete Attachment – A Cost Sheet to submit their Total Bid Cost.

On Attachment A – Cost Sheet, Bidders must enter their company name in the cell highlighted blue.

Bidders must enter costs in all cells highlighted green on Attachment A - Cost Sheet. Bidders must submit Standard Cost Per Hour Rates for both Journeyman Level Technicians and Third (3rd)+ Year Apprentices. Bidders must also submit Emergency Cost Per Hour Rates (regular, overtime and premium) for Journeyman Level Technicians and Third (3rd)+ Year Apprentices. Total Bid Cost will be auto calculated based on the sum of the standard rates and the emergency rates.

Failure to provide Cost Per Hour Rate for any standard rates or emergency rates may result in disqualification of the Bid. If the Cost Sheet received with the Bid Submittal lists any costs as N/A, or the cell is left blank, or similar, the Bid may be disqualified.

It is the sole responsibility of the Bidder to ensure that all mathematical calculations are correct and Bid costs must take into consideration all inherent costs of providing the services described in the RFB. Estimated costs are not acceptable. In the event of errors in calculation, the Cost Per Hour Rates shall prevail.

All costs for furnishing the Bid Services, in accordance with the terms and conditions of the RFB, shall be included in Bid costs. Costs must be in U.S. dollars to two (2) decimal places unless otherwise indicated. Only numerical values (i.e., 80) shall be accepted. Anything other than a numerical value (i.e., N/A) may disqualify your Bid. Alternate cost formats shall not be accepted and may result in disqualification of the Bid. Bidders must not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

5.2 REQUESTING COST ADJUSTMENTS

5.2.1 Bid costs must remain firm for the initial Contract period, which will begin on the date that the Contract is fully executed.

5.2.2 Requests for cost increases must be provided by the Contractor, in writing, to WSFP Facility Services Department ninety (90) days prior to the renewal period. Cost increase requests must be justified with supporting documentation of industry-wide increases. Cost increase requests must be mutually agreed upon between WSFP Facility Services Department and the Contractor. If WSFP Facility Services Department deems the cost increases are not acceptable, WSFP Facility Services Department reserves the right to rebid the Contract in whole or in part.

An acceptance of the cost increase must be in the form of an amendment to the Contract.

Any cost decreases must be provided to WSFP Facility Services Department within…