RFB-UWL-1901 BAS-FINAL.pdf

REQUEST FOR BID

BUILDING AUTOMATION SYSTEM

UWL-1901

Issued: May 23, 2019 Responses Due: June 14, 2019

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

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

Agency: The Board of Regents of the University of Wisconsin System doing business as the University of Wisconsin-La Crosse.

Hereinafter, referred to as the University.

Authorized Users: The University of Wisconsin-La Crosse. Hereinafter, referred to as the University.

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.

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 University covering the commodities and Services to be performed pursuant to this RFB.

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

Scott Brown, Facilities Planning & Management sbrown@uwlax.edu

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 University.

Contract Manager: The employee of the University 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.

Amanda King, Purchasing Services aking@uwlax.edu.

Disabled Veteran-Owned Business

(DVB):

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

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)).

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

mailto:sbrown@uwlax.edu mailto:aking@uwlax.edu

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

Procuring Agency: The University of Wisconsin-La Crosse. Hereinafter, referred to at the University or UW-La Crosse.

Services or Contractual 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.

Specification: A descriptive statement of the physical, functional and performance characteristics of the Commodity or service required by the University. 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".

Substantial Completion Defines the point in time when the Service is completed to the extent that the University can make beneficial use of the Service for the purposes intended and the point in time when warranties and guarantees go into effect. There may be a "punch list" of minor items of the work or deficiencies that remain to be completed or corrected following Substantial Completion.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The University of Wisconsin-La Crosse (UW-La Crosse) requests Bids for the purchase of Andover Temperature Control Systems, Components and Parts. Bidders must be approved to supply Andover Temperature Control Systems, Components and Parts, and provide service for such in the manufacturers’ designated demographic region that includes La Crosse, WI. UW-La Crosse intends to use the results of this process to award a Contract.

UW-La Crosse does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or Services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract. Partial Bids, or Bids not quoting all components of this RFB will be rejected.

1.3 OVERVIEW OF PROCURING AGENCY, BACKGROUND, AND OBJECTIVES

The University of Wisconsin-La Crosse (UW-La Crosse) is a public institution with a campus encompassing approximately 120 acres and 36 buildings. This Bid is for maintenance, replacement and new installations of building automation systems in existing buildings on campus. The item quantities identified on ATTACHMENT C:

COST SHEET are for bid purposes only. The estimated annual value of this contract is $50,000.00. The University does not guarantee to purchase any specific quantity or dollar amount.

1.4 CONTRACT TERM

The initial Contract term will be for three (3) years. The Contract shall be effective on the date it is executed by the University. 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 University of Wisconsin-La Crosse, and any purchase order related to this RFB, shall become the Contract between the parties unless a separate Contract is executed.

1.5 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or Services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

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 University, and any additional terms agreed to in writing by the parties shall 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:

• Final Signed Contract with clarifications included

• Bid Response as accepted by the University

• 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 University, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and Services procured under the Contract at the same rates agreed to by the University and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the University and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.8 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the University shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the University with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the University 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, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a mandatory qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the University reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

• Bidder must complete the attached Vendor Information Form (DOA-3477) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

• Bidder company or its principals must be in the business of providing temperature control products and services and must have done so for the past five (5) years.

• Bidder must be an original manufacturer, authorized distributor, or dealer authorized by the manufacturer.

• Bidder must be approved to supply Andover Temperature Control Systems, Components and Parts, and provide service for such in the manufacturers’ designated demographic region that includes La Crosse, Wisconsin.

• Bidder must complete the attached Vendor Reference Form (DOA-3478) to identify at least three (3) companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last three (3) years. Include contact information for the Owner representative, who is knowledgeable and can attest to compliance with quality assurance and contract performance. Client references may be used in the award consideration.

• Bidder must provide a description of the Bidder’s warranty program, including the replacement policy for defective products.

• Bidder must specify any additional training opportunities for the equipment at the time of bid.

• Bidder must specify Bidder’s return policy.

• Bidder’s response must clearly demonstrate the capacity to handle the requirements of this contract in addition to the current workload to ensure University project deadlines are met.

After the bid submission the University may request supplementary information as necessary, in the University’s opinion, to assure the bidder’s competence, business organization, and financial stability.

2.1 MANDATORY SPECIFICATIONS OF BID

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

2.2 REQUIRED SPECIFICATIONS

Bidder shall use ATTACHMENT A: BID SPECIFICATIONS to respond to this section.

2.3 PERFORMANCE AND SUPPORT REQUIREMENTS

Bidder shall use ATTACHMENT A: BID SPECIFICATIONS to respond to this section.

3 SPECIAL TERMS AND CONDITIONS OF BID

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

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The University 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 University.

3.1 ORDERS

Specific order(s) or contract blanket order(s), as defined below, may be issued to the Contractor. Bidder should identify method by which you will accept orders against the Contract (e.g. email, fax, phone, etc.).

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

• Contract blanket order(s): issued for a specified period of time to allow the University to issue releases against the contract blanket order(s) as needed.

3.2 PRICE LISTS

All price lists must be submitted via paper copy. Referencing your website for pricing information is not sufficient.

Price lists should be labeled with the contract number, and lots if applicable, to which they apply.

Two (2) paper copies must accompany your bid response. After award, Contractor must provide additional copies to Purchasing and University departments upon request, including electronic copies in searchable Excel, Word or PDF Format.

3.2.1 FIRM DISCOUNTS

Prices for the items not listed on this contract shall be based on a firm discount from the price list identified on ATTACHMENT C: Cost Sheet. The percentage must remain firm during the initial and each succeeding contract term.

3.2.2 PRICE ADJUSTMENTS

Prices must be held firm for the first year of the Contract. Should prices for items listed in the Contract change during the remainder of the contract term, it is the responsibility of the Contractor to submit a letter, referencing the contract number, and one (1) paper copy to Purchasing Services, 30 days prior to any price increases becoming effective. Proposed price increases are limited to fully documented costs increases submitted with the request. Invoices shall be audited using the most current price list on file in Purchasing on the date the order was placed.

Price increases after the first year of the Contract must be received by the University in writing 30 calendar days prior to the start of any new annual period under the Contract and may not be increased by more than the percentage increase shown by the “Consumer Price Index – All Urban Consumers, Midwest Urban – Size B/C, All Items (1996 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics” (hereinafter the “Consumer Price Index” or “CPI”) for the most recently published month preceding the 30 days’ advance notice of Contractor’s intent to raise pricing. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as the parties may agree upon will be substituted for the Consumer Price Index.

3.2.3 ADDITIONAL ITEMS

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current Contract items/services.

3.3 ITEM NUMBERS AND EQUIVALENCIES

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on ATTACHMENT C: COST SHEET. Adequate detailed specifications of the items/services being offered or bid must be included with your bid to insure that the items/services being bid can be compared to determine if the items/services meet all specifications.

If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items/services being bid.

These will be used to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.

3.4 NEW AND DISCONTINUED ITEMS

The Contractor is required to notify the Purchasing Services of new or discontinued item(s) within 48 hours of receipt of order or release against existing order(s).

3.5 FAIR PRICE ANALYSIS

Purchases made under this contract may require further fair price analysis. Bidders should identify on the Bid Submittal Checklist the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder may be required to provide this documentation prior to the order being issued.

3.6 DELIVERY REQUIREMENTS

Delivery is desired as soon as possible after receipt of an order. State on the Bidder Response Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.

The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 4 hours of receipt of order or release against existing order(s).

3.7 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

All deliveries shall be FOB DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED. Bid prices shall include all packing, freight, insurance, set-up, operation manuals, and instructional charges.

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the area designated by the University, demonstrated to be in operating condition, and approved by the University. All debris shall be removed from the premises and properly disposed of by the Bidder. Bidder shall restore all installation sites to their original condition to the satisfaction of the University. Upon installation, all operating instructions and operating and maintenance manuals shall be furnished to the University contact person identified on the purchase order.

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

Failure to bid FOB Destination Freight Prepaid Included and Installed in the Bid price will disqualify the Bid.

The University may agree to freight charges in the case of emergency purchases.

3.8 DUPLICATES AND OVER SHIPMENTS

Upon notification by the University of a duplicate or over shipment, goods shall be removed at the Contractor's expense. If such goods are not removed within 30 days of receipt of written notification from the University, the University shall dispose of them at its discretion and will not be held liable for the cost.

3.9 RETURN POLICY

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the University paying only the return shipping costs. Bidder should attach information regarding, or indicate in detail on the Bidder response sheet, their company’s return policy. Return shipping costs will be waived for items returned due to error by Contractor.

3.10 ACCEPTANCE TESTING

Acceptance testing will occur within 30 days after the item has been installed, applications customization is in place (if applicable) and training has been completed. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have 15 days to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

The Contract Administrator is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

3.11 INVOICING

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

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt by Business Services. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract.

Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number

• Release number, if given

• Date of order/release

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

• Complete item description including catalog, model and/or stock number(s)

• Prices per the Contract

• Labor cost

The original invoice must be sent to University of Wisconsin-La Crosse, Business Services, 125 Graff Main Hall, 1725 State Street, La Crosse, WI 54601 or accountspayable@uwlax.edu.

Final payment may not be made until the item is operating according to specifications and has been accepted by the University.

3.12 PAYMENT TERMS

Payment will not be made until the product is determined to meet all Specifications, requirements and deliverables and has been accepted by the University. The University will pay the Contractor Net 30 days as accepted by the University.

If the Contractor requires other payment terms they must be disclosed at the time of the bid and must be agreed to by the University prior to contract award. Under no circumstances will the University pay more than 50% prior to acceptance of the products.

3.13 TRAINING

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications. Any additional training opportunities should be disclosed at the time of the bid.

3.14 PERFORMANCE MEETINGS

The Contractor’s 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 improvements.

3.15 REPORTING

Contractor must be able to report on an annual basis all items/services purchased against this contract during the designated report period, as requested, 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 proposal

• prices per the Contract

3.16 CONTRACT AUDIT REQUIREMENTS

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, in addition to reporting required by s. 35.03(6).

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 (5) years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

3.17 BACKGROUND CHECKS

Due to the nature of this solicitation, the University 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 otherwise adversely affect the Bidder's ability to perform under the resulting Contract. The University is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor's ability to meet contractual obligations and requirements.

3.18 TOBACCO-FREE ENVIRONMENT

All university buildings are smoke free buildings. Smoking tobacco products or using electronic cigarettes is strictly prohibited in these areas.

3.19 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 University’s Purchasing Director, as identified in this RFB.

3.20 USE OF SUBCONTRACTORS

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 the Contract Administrator. 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 Liquidated Damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

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

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

3.21 THIRD-PARTY FINANCING

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

3.22 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 shall 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 shall 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 shall 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 shall be provided as stated herein to:

Dan Sweetman Safety and Sustainability Manager 855 East Avenue La Crosse, WI 54601

3.23 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued, the Contractor will provide copies of insurance policies and/or insurance certificates in effect during this Contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the University’s Contract Administrator and the signature of an authorized agent.

The policies and/or certificates shall be submitted to the University 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, Contractor shall immediately provide notice to the University.

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award.

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, automobile liability policies. The certificate holder shall be listed as the University of Wisconsin-La Crosse.

The University will evaluate all insurance certificates for compliance. Should the Contractor not provide the appropriate Certificates of Insurance within 30 days of the University's issuance of the Notice of Intent to Award, the Contractor shall be given an additional 14 days to comply. Should the appropriate Certificates of Insurance not be received within that time, the University reserves the right to cancel the award or Contract and make another award.

The Certificates of Insurance shall be provided as stated herein to:

University of Wisconsin-La Crosse Amanda King, Purchasing Director 1725 State Street, 118 Graff Main Hall

3.23.1 COVERAGE AND MINIMUM LIMITS

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

Coverage Minimum Limits Worker's Compensation (WC) Statutory

Employer's Liability Coverage (B) $100,000/500,000/100,000

Commercial General Liability (CGL) General Aggregate incl. prdt/co Each Occurrence

$2,000,000 $1,000,000

Automobile Liability (including hired & non-owned) Combined Single Limit

$1,000,000

3.23.2 REMODELING OR RENOVATION

The above insurances are required to be in effect during the course of any remodeling, renovation or construction done by or at the direction of the contractor.

3.23.3 COMMERCIAL GENERAL LIABILITY

Commercial General Liability includes, but is not limited to consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract.

3.23.4 CONENANT REQUIRING NOTICE

These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to:

University of Wisconsin-La Crosse, Amanda King, Purchasing Director, 1725 State Street, 118 Graff Main Hall, La Crosse, WI 54601 before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

3.23.5 EVIDENCE OF NEW INSURANCE

In the event of non-renewal, cancellation or expiration of insurance, the Contractor shall provide the University’s Contract Administrator evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice.

3.23.6 UNIVERSITY RIGHT TO CANCEL AND TERMINATE

In the event the Contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The Contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

3.23.7 CONTRACTOR AGREES TO INDEMNIFY

The Contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, University of Wisconsin-La Crosse and their officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the Contractor, its agents, employees, subcontractors or contractors.

3.23.8 RISK OF DAMAGE OR LOSS

Commercial General Liability includes, but is not limited to: consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The Contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products, or money resulting.

3.24 PARKING

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UWL Parking and Transportation Services at 605 17th St. N La Crosse, WI 54601 (608) 785-8061. 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.

3.25 ACCESS TO SECURE FACILITIES

Contractor ID Cards will be issued to Contractor to facilitate and regulate their access to the exterior and interior doors of campus buildings. Contractor ID cards will be issued and activated per the procedure outlined below:

o Contractors must completely fill out the Contractor ID Card Request form. This form can be obtained from the Facilities Planning & Management Office, located in the Maintenance Building, 855 East Ave. N., La Crosse or from the UWL Facilities Planning & Management website.

o Contractors must verify their identity with a government issued photo ID.

o The Contractor ID Card Access form must be signed by either Scott Brown, Building Maintenance Manager or Scott Schumacher, Associate Director for Planning & Construction.

o The contractor can then take the signed form to the Eagle ID Card Office, 1131 Student Union, 521 East Ave. N., La Crosse, between the hours of 7:45 a.m. and 4:30 p.m., Monday through Friday, and have the ID card made.

o The final step is for the contractor to return to the Facilities Planning & Management Office with the ID card for staff to grant access to the card for the areas needed.

All ID Cards access will expire 60 days from the date granted. After 60 days, the contractor should return to the Facilities Planning & Management Office to have access reinstated.

ID Cards must be displayed at all times on the outer most layer of clothing at chest level, in a manner such that the name and photo is visible and readable at all times while working on UW-La Crosse property. Failure to do so will result in your access being revoked.

Initial Contractor ID cards will be provided by UW-La Crosse Facilities Planning & Management. If the contractor loses their cards, replacement cards must be purchased at their expense at a cost of five dollars.

3.26 CANCELLATION AND TERMINATION

3.26.1 TERMINATION FOR CAUSE

The University 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 University a sixty (60) calendar day notice of the University's right to cure a failure of the University to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall 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.

3.26.2 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 sixty (60) calendar day notice to the University in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the University, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the University, the Contractor may be compensated for the actual Service hours provided. The University shall 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.

3.26.3 CONTRACT CANCELLATION

The University 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 University's information that is considered to be Confidential

Information, proprietary, or containing Personally Identifiable Information

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

3.27 WARRANTY AND MAINTENANCE

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Attachment B: Bid Submittal Checklist and should enclose standard warranty documents with your bid.

Contractor is requested to provide a copy of maintenance contracts and quote on maintenance available after expiration of the warranty term. Include terms, which components shall be covered and annual cost on ATTACHMENT C: COST SHEET or on attachments to the bid response as applicable.

Contractor must use only manufacturer trained personnel for this contract.

Contractor must complete all maintenance or repair services within 2 weeks of the initial call. If Contractor cannot complete all services within this timeframe, the Contractor must provide a timeline of when the repair will occur to the department. The service representative shall leave with the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the University employee in charge of the machine.

4 COST STRUCTURE AND COST SHEET INSTRUCTIONS

4.1 METHOD OF BID

The Bidder shall submit a net unit price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

• For Non-Listed, Related Items: Bidder shall submit on ATTACHMENT C: Cost Sheet a discount from current manufacturer's published price list. Bidder must identify by title and date which price list is being used. Discounts bid must be rounded to one decimal number, (e.g., 54.2% or 48.1% NOT 54.25& or 48.15%) from the price list. Failure to provide the rounded discount as requested may result in rejection of your bid.

o If the price list includes more than one column, bidder must identify to which column the percent bid is applied or your bid may be disqualified. If not identified by the bidder, the UW may use the highest priced column for award consideration

Bidders must submit their bid(s) per the submittal instructions by the deadlines shown on the Request for Bid form to:

University of Wisconsin-La Crosse Purchasing Services

1725 State Street; 118 Graff Main Hall

All bids must be time-stamped in by the Purchasing Services prior to the stated submission time. Bids not so stamped will be considered late. Receipt of a bid by the University mail system does not constitute receipt of a bid by Purchasing Services, for purposes of this request for bids.

All bids must be packaged, sealed, and show the following information on the outside of the package:

Vendor’s Name and Address Request for Bids Title

Request for Bids Number Bid Due Date

5 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that University finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on VendorNet.

DATE EVENT

May 23, 2019 Date of Issue of the RFB

May 31, 2019 Date Questions Due

June 7, 2019 Responses to Questions Posted

June 14, 2019 Bids Due from Bidders

June 21, 2019 Anticipated Award Date

July 1, 2019 Contract Start Date

5.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by May 31, 2019. If at any time prior to the Bid due date a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the University representative named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact. Please email to: aking@uwlax.edu.

USPS ADDRESS COMMON CARRIER ADDRESS

University of Wisconsin-La Crosse University of Wisconsin-La Crosse

Purchasing Services Purchasing Service

1725 State Street, 118 Graff Main Hall 1725 State Street, 118 Graff Main Hall

La Crosse, WI 54601 La Crosse, WI 54601

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #1901 and be directed to Amanda King, Purchasing Director.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted to the VendorNet.

All contact or communication with any employee or officer of the University concerning this RFB, except Amanda King is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Amanda King may authorize in writing contact or communication with another University employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the University may continue to communicate with the University Contract Administrator regarding the performance of that current Contract only.

5.3 REASONABLE ACCOMMODATIONS

Upon request, the University shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid opening or Bidders' Conference, please contact: Amanda King; 608-785-8724; aking@uwlax.edu.

5.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail.

Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

mailto:aking@uwlax.edu https://vendornet.wi.gov/

5.5 SUBMITTING A BID

Bidders have three (3) options in responding to this RFB: Mailed Hard Copy Bid Submittal, Hand Delivered Hard Copy Bid Submittal and Email Bid Submittal.

5.5.1 MAILED HARD COPY BID SUBMITTAL

Bidders have the option to mail a hard copy Bid when responding to this RFB. If your company elects to do so, Bidders shall submit an original signed Bid, marked as stated below, and one (1) additional hard copy of all materials required for acceptance of their Bid by the deadline to:

USPS ADDRESS COMMON CARRIER ADDRESS

Amanda King Amanda King

University of Wisconsin-La Crosse University of Wisconsin-La Crosse

Purchasing Services Purchasing Services

1725 State Street, 118 Graff Main Hall 1725 State Street, 118 Graff Main Hall

La Crosse, WI 54601 La Crosse, WI 54601

All Bids shall be received and time-stamped at the above location no later than June 14, 2019 at 2:00pm CT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the University mail system does not constitute receipt of a Bid by the University’s Purchasing Services.

All Bids shall be packaged, sealed in a box or envelope, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS

RFB TITLE

RFB NUMBER

RFB DUE DATE AND TIME

5.5.2 HAND DELIVERED HARD COPY BID SUBMITTAL

Bidders have the option to hand deliver a hard copy Bid when responding to this RFB. If your company elects to do so, Bidders shall submit an original signed Bid, marked as stated below, and one (1) additional hard copy of all materials required for acceptance of their Bid by the deadline to:

HAND DELIVERY ADDRESS

Amanda King

University of Wisconsin-La Crosse

Purchasing Services

1725 State Street, 118 Graff Main Hall

La Crosse, WI 54601

All Bids shall be received and time-stamped at the above location no later than June 14, 2019 at 2:00pm CT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the University mail system does not constitute receipt of a Bid by the University’s Purchasing Services.

All Bids shall be packaged, sealed in a box or envelope, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS

RFB TITLE

RFB NUMBER

RFB DUE DATE AND TIME

The University is not responsible for deliveries that do not reach the University’s Purchasing Services by the required due date and time.

5.5.3 EMAIL BID SUBMITTAL

Bidders have the option to email a Bid when responding to this RFB. Bid responses shall be emailed to aking@uwlax.edu. Submitting a Bid to any email address other than aking@uwlax.edu does not constitute receipt of a Bid by the University.

All Bids shall be received no later than June 14, 2019 at 2:00pm CT. It is the Bidder's responsibility to verify that the emailed Bid has been timely received and delivered to the University by the Bid opening date and time. The University is not responsible for late receipt of a Bid, regardless of the reason for the delay. Proof of transmission doesn't constitute proof of receipt. Emailed Bids that do not meet this requirement will be rejected.

In addition, the required form (DOA-3070) shall be signed and returned via mail or fax (608.785.8597) within two

(2) business day after the Bid opening due date for continued consideration of the Bid.

5.6 FORMAT OF BID RESPONSE

Signed Request for Bid Sheet: Include the signed, required form (DOA-3070) with the Bid and those certifications required for submittal of a Bid. Bids submitted in response to this RFB shall be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

By submitting a signed Bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its Bid without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition; (b) the prices quoted in the Bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor; and (c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award.

Vendors shall accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard vendor Contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

Additional Information: Include all…