UPDATED Parking Lot Maintenance RFB.pdf

REQUEST FOR BID (RFB)

FOR

Parking Lot Maintenance

Issued By

UNIVERSITY OF WISCONSIN OSHKOSH

RFB NUMBER: SP-23-118

April 28, 2023

PLAN DUE DATE: May 15, 2023 @ 2:00 P.M. CDT

THERE WILL BE NO PUBLIC OPENING

LATE PLANS WILL BE REJECTED

OFFICE OF FINANCE AND ADMINISTRATION - PURCHASING

UNIVERSITY OF WISCONSIN-OSHKOSH • 800 Algoma Blvd • Oshkosh, WI 54901 Phone 920-424-2006

AGENT: Susan Poff (920) 424-2006

E MAIL: poffs@uwosh.edu

If NO BID (check here) and return.

UNIVERISTY OF WISCONSIN OSHKOSH BID NO: SP-23-118

OSHKOSH, WISCONSIN Page 2 of 95

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

DOA-3832 (C01/2018)

S. 16.72 WIS. STATS

STATE BUREAU OF PROCUREMENT

101 EAST WILSON STREET, 6TH FLOOR

P. O. BOX 7867

MADISON, WI 53707-7867

Bidder Required Form Instructions: Bidder is required to complete all sections of this form. (Note: If the agency checks the box preceding Section 5 indicating that section is not applicable to the bid/proposal, Bidder may skip Section 5. Bidder may not skip any other sections of this form).

Section 1: Bidder Information Bidder/Proposer Company Name: E-Mail Address:

Phone Number:

Toll Free Phone:

Fax:

Address:

City: State: Zip:

Mailing Address for Purchase Orders (if different than above) Address:

City:

State: Zip:

Section 2: Bidder Contacts List the name and title of the person to contact for questions related to each of the topics below:

Topic

E-Mail Address Phone Bid/Proposal

Affirmative Action Plan

Orders and billing

Section 3: Bidder Reference Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name:

Address (including City, State, Zip):

Contact Person:

E-Mail Address:

Phone:

List Product(s) and/or Service(s) Used:

Company Name:

OSHKOSH, WISCONSIN Page 3 of 95

Section 4: Designation of Confidential and Proprietary Information

The attached material submitted in response to this bid/proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats., as follows: “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released:

Section Page # Topic

OSHKOSH, WISCONSIN Page 4 of 95

Using the boxes below, indicate your agreement with the following statements:

In the event the designation of confidentiality of this information is challenged, the bidder/proposer hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out of the state’s agreeing to withhold the materials.

The state considers other markings of confidential in the bid/proposal document to be insufficient. The bidder/proposer agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Agency Only:

Section 5 is not applicable to this bid/proposal. If this box is checked, Bidder may skip to Section 6.

Section 5: Bidder Agreement: Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A “municipality” is defined as any 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 (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis. Stats.

Interested municipalities:

• Will contact the contractor directly to place orders referencing the state agency contract number; and

• Are responsible for receipt, acceptance, and inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in these services has no effect on awarding this contract.

Bidder: Please indicate your willingness to furnish the commodities or services to Wisconsin municipalities by checking the appropriate box below.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

A vendor in the service may specify a minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal charges for municipalities.

Special Conditions (if applicable):

OSHKOSH, WISCONSIN Page 5 of 95

Section 6: Bidder Identification (Check all that apply)

We claim minority bidder preference [Wis. Stats.16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be grated to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E.

Wilson St., Madison, WI 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats.16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be grated to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. S. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 266-5462.

Section 7: Bidder Certifications Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extend in the United States when all other factors are equal. Materials covered in our bid were manufactured in whole or in substantial part in the United States. Yes No Unknown

We certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition, that no attempt has been made to induce any other person or firm to submit or not to submit a bid, that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We certify that we are not currently engaged in a boycott of the State of Israel. Should we be awarded a contract, we understand that future engagement in a boycott of the State of Israel may result in contract termination.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid/Proposal and all terms of our bid.

Section 8: Bidder Signature

Name of Authorized Company Representative:

Title:

Fax:

Signature of Above

Date:

Email:

This document can be made available in alternate formats to individuals with disabilities upon request.

OSHKOSH, WISCONSIN Page 6 of 95

UNIVERSITY OF WISCONSIN OSHKOSH

REQUEST FOR BID # SP-23-118

Parking Lot Maintenance

TABLE OF CONTENTS

PAGE

SECTION #1: SUBMITTAL INSTRUCTIONS

SECTION #2: GENERAL INFORMATION ............................................................................................................ 10-13

2.1 Background Information

2.2 Purpose

2.3 Scope

2.4 Definitions

2.5 Incurring Costs

2.6 Wisconsin eSupplier Portal Registration

2.7 Orders

2.8 Campus Delivery Requirements

2.9 Parking

2.10 Promotional Materials/Endorsements

2.11 Energy Star

2.12 Supplier Diversity .............................................................................................................................. 12-13

2.13 Reasonable Accommodations

SECTION #3: RFB PROCESS INSTRUCTIONS ................................................................................................ 14-16

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Calendar of Events

3.3 Site Visit

3.4 Late Responses

3.5 Oral Presentations, Product Demonstrations and Site Visits

3.6 Contract Term

3.7 F.O.B. Job Site

3.8 Proprietary Information

3.9 Appeals Process ............................................................................................................................... 15-16

3.10 Method of Bid

3.11 Method of Award

3.12 Bid Review

3.13 Notification of Award

SECTION #4: BIDDER QUALIFICATIONS

4.1 Bidder Information

4.2 Bidder Experience

4.3 Client List/References

4.4 Fair Price Analysis

4.5 Minimum Order

4.6 Debarment

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SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS ............................................................... 18-22

5.1 Firm Prices

5.2 F.O.B

5.3 On Site Service

5.4 Requirements for Criminal Background Checks

5.5 Timeliness of Delivery

5.6 Additional Services

5.7 Payment Terms

5.8 Invoicing Requirements

5.9 Insurance ........................................................................................................................................... 19-20

5.10 Performance Meetings

5.11 Subcontracting

5.12 Travel per Diem

5.13 Activity Reports

5.14 Contract Termination

5.15 Record and Audit

5.16 Entire Contract ................................................................................................................................... 21-22

SECTION #6: SPECIFICATIONS ......................................................................................................................... 23-27

6.1 Scope

6.2 General

6.3 Workers

6.4 Scheduling of Work/Hours of Work

6.5 Estimates

6.6 Notification Prior to Start of Work

6.7 Ordering Work

6.8 Work Time

6.9 Completion of Job

6.10 Final Acceptance

6.11 Warranty

6.12 Damages Incurred During Work

6.13 Cleaning and Disposal of Waste Material

6.14 Finishing Site

6.15 Quality Assurance

6.16 Layout, Field Measurements and Inspection of Surfaces .................................................................. 24-25

6.17 Approvals

6.18 Method of Measurements/Basis of Payment

619 Mutual Responsibility

6.20 Temporary Facilities

6.21 Spill Contingency Plan ....................................................................................................................... 25-26

6.22 Protection

6.23 Safety

6.24 Personnel, Employment Practices and Staffing

6.25 Maintenance and Repairs

6.26 Emergency Preparedness .................................................................................................................. 26-27

6.27 Employee Identification

6.28 Purchased Service – USA Requirement

6.29 Environmentally Friendly (“Green”) Product

ATTACHMENTS .................................................................................................................................................. 28-118

ATTACHMENT A BIDDER RESPONSE SHEET .................................................................................... 28-30 ATTACHMENT B TECHNICAL SPECIFICATIONS ................................................................................ 31-77 ATTACHMENT C ITEMIZED BID LIST ................................................................................................... 78-83 ATTACHMENT D PARKING LOT DRAWINGS ....................................................................................... 84-88

ATTACHMENT E CAMPUS MAP

ATTACHMENT F STANDARD TERMS AND CONDITIONS ................................................................... 90-93

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ATTACHMENT G SUPPLEMENTAL STANDARD TERMS & CONDITIONS FOR SERVICES .............. 94-95

OSHKOSH, WISCONSIN Page 9 of 95

SECTION #1: SUBMITTAL INSTRUCTIONS

BIDS MUST BE E-MAILED

The University will accept completed bids e-mailed to fm-bids@uwosh.edu, provided they are date/time stamped prior to the stated bid due date.

Submitting a bid to any other e-mail address than fm-bids@uwosh.edu does not constitute receipt of a valid bid by Facilities Management Purchasing Services. Proof of transmission doesn't constitute proof of receipt. E-mail submissions must be a scanned copy of the document with ACTUAL signatures and initials (not typed), or those pages that require signatures and/or initials must be signed and should be received prior to 2:00 p.m. CST/CDT on the stated due date.

1.1 BID RESPONSE REQUIREMENTS:

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

1. Bidder Required Form (DOA-3832)

2. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet)

Attachment A

3. Specifications, descriptive brochure and detail for the item(s) bid Section 6, Attachment B

4. Itemized Bid List Attachment C & Attachment D Drawings

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SECTION #2: GENERAL INFORMATION

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1 Background Information

Founded in 1871, University of Wisconsin Oshkosh is a regional public institution of higher education comprised of three campuses, and one of 11 comprehensive universities in the University of Wisconsin System. With campuses in Oshkosh, Fond du Lac and Menasha, UW Oshkosh serves more than 16,000 students and offers more than 110 certificate, associate, baccalaureate, master’s and doctorate degree programs in both traditional classroom and online settings. UW Oshkosh is a research-enhanced, comprehensive University that serves as the educational, cultural and economic engine for

1.2 million citizens in the region. Learn more about us: Oshkosh campus, Fond du Lac campus and Fox Cities campus.

2.2 Purpose:

The University of Wisconsin Oshkosh, hereinafter referred to as the “University”, through its Office of Finance and Administration-Purchasing Department, hereinafter referred to as “Purchasing”, is requesting bids for Facilities Management and Parking Department, for ASPHALT REPAIR AND MAINTENANCE IN THE

UNIVERSITY’S PARKING LOTS.

2.3 Scope:

See Specifications (Section 6 and Attachment B), Itemized Bid List (Attachment C) and Parking Lot Drawings (Attachment D) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

2.4 Definitions:

The following definitions are used throughout this document:

Agent means UW Oshkosh representative responsible for this Request for Bid. Full contact information can be found in Section 3.1.

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

CIC means Committee on Institutional Cooperation, a consortium of the Big Ten universities plus the University of Chicago.

Contractor means successful Bidder awarded the bid.

Department means UW Oshkosh PARKING DEPARTMENT DVB means Disabled Veteran-Owned Business.

MBE means Minority Business Enterprise.

Purchasing means the Purchasing Department in Office of Finance and Administration responsible for the procurement of goods and services on UW Oshkosh campus, located at 236 Dempsey Hall, 800 Algoma Blvd, Oshkosh, WI 54901.

Purchasing card means State credit card.

RFB means Request for Bid.

State means State of Wisconsin.

University UW Oshkosh and UWO all mean University of Wisconsin Oshkosh.

WBE means Woman-Owned Business Enterprise.

2.5 Incurring Costs:

The State of Wisconsin is not liable for any cost incurred by Bidders in replying to this RFB.

https://uwosh.edu/about-uw-oshkosh/ https://uwosh.edu/uwfdl/about/overview/ https://uwosh.edu/uwfox/about/overview/ https://uwosh.edu/uwfox/about/overview/

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2.6 Wisconsin eSupplier Portal Registration

Registration on the State of Wisconsin’s Wisconsin e-Supplier Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in Wisconsin’s e-Supplier Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin e-Supplier Portal navigate to: https://esupplier.wi.gov

Registration allows a vendor to:

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

• Receive an automatic e-mail notification each time a state agency, including the

University of Wisconsin System campuses, posts a Request for Bid (BID) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

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

2.7 Orders:

Under this contract, Specific order(s) and Contract blanket order(s) (defined below) may be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail, phone, etc.).

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

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

2.8 Campus Delivery Requirements:

2.8.1 The UW Oshkosh Central Receiving Address is:

Central Receiving 645 Dempsey Trail Oshkosh, WI 54902

Any service involving delivery or pickup shall be made to or from University departments five days per week, Monday through Friday, from 7:00 a.m. to 3:30 p.m. unless negotiated otherwise.

2.8.2 The UW Oshkosh Mailing Address is:

UW Oshkosh 800 Algoma Blvd.

Oshkosh, WI 54901

2.9 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Oshkosh Parking Services located at Lower Level of Blackhawk Commons, Oshkosh, WI 54901 (920) 424-4455 or https://uwosh.edu/parking/. 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. A map of the University of Wisconsin Oshkosh campus can be accessed here: http://www.uwosh.edu/map/

2.10 Promotional Materials/Endorsements:

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

2.11 Energy Star:

https://uwosh.edu/parking/ http://www.uwosh.edu/map/

OSHKOSH, WISCONSIN Page 12 of 95

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

2.12 Supplier Diversity

2.12.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The University of Wisconsin Oshkosh is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor shall furnish information at least once per year, in the format specified by the University, about its purchases (including dollar amounts) from Wisconsin certified MBEs, and additional efforts made to achieve this goal.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. To view all MBE firms go to https://wisdp.wi.gov/search.aspx select the MBE box and click search.

2.12.2 Woman Owned Business Enterprise Program (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.12.3 Disabled Veteran Owned Business Program (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

2.12.4 Veteran-Owned Business Program (VB)

The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

https://wisdp.wi.gov/search.aspx

OSHKOSH, WISCONSIN Page 13 of 95

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

2.13 Reasonable Accommodations:

University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If any alternate accommodations are needed, contact Susan Poff at (920) 410-6102.

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SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this RFB must be in writing and reference the RFB number. Bidders are encouraged to e-mail Susan Poff (poffs@uwosh.edu) with their questions.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they shall have up until five (5) business days after the RFB issue date to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document.

Susan Poff

UW Oshkosh Office of Finance and Administration - Purchasing 800 Algoma Blvd

Oshkosh, WI 54901 Phone: 920/410-6102

E-mail: poffs@uwosh.edu

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which must have reasonably been known to the Bidder, then the Bidder shall submit a response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

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 on http://vendornet.state.wi.us and publicnotices.wi.gov and provided to all recipients of this initial RFB.

Any contact with University employees concerning this RFB are prohibited, except as authorized by the RFB manager during the period from date of release of the RFB until the notice of award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your RFB.

3.2 Calendar of Events:

Event Date RFB Release Date ..................................................... April 28, 2023 Written Questions due ................................................ May 5, 2023 Site Visit .................................................................... April 28 – May 15, 2023 RFBs DUE BY: ........................................................... May 15, 2023 @ 2:00 PM CST/CDT Award Notification: ..................................................... May 2023 Contract start date: ..................................................... May 2023

3.3 Site Visit:

Bidder should visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements and to examine the facility to learn of all existing conditions, access, and limitation of the project. No additional charges shall be allowed by the Contractor for lack of information or misunderstanding information if the Bidder does not visit each campus.

Bidders are invited to visit the campus between April 28th – May 15, 2023. All site visits can be completed as bidder’s schedules permit during the University’s regular business hours which are Monday through Friday from 7:00am to 4:30pm.

http://vendornet.state.wi.us/ http://publicnotices.wi.gov/

OSHKOSH, WISCONSIN Page 15 of 95 3.4

3.5

3.6

3.7

3.8

3.9

Late Responses:

Any response received after the time and date specified in Section 3.2 will not be opened or reviewed.

Oral Presentations, Product Demonstrations and Site Visits (Pre Award) The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

Contract Term The initial term of this contract shall be date of award through two-year contract after date of award. This contract will be automatically renewed for three (3) additional one-year terms, unless Purchasing is notified, in writing, by the Contractor ninety (90) days prior to expiration of the initial and/or succeeding Contract term(s), or purchasing notifies the Contractor, in writing, thirty (30) calendar days prior to expiration of the initial and/or succeeding Contract term(s).

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

The University shall not be responsible for any materials received or accepted on behalf of the Contractor.

Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA- 3832. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0).

Appeals Process:

Any protest of the University’s solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code.

No later than five working days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be received by:

Office of Finance and Administration Attn: Vice Chancellor of Office of Finance and Administration

The University of Wisconsin Oshkosh 236 Dempsey Hall 800 Algoma Blvd

Oshkosh, Wisconsin 54901 with a copy to:

Office of Finance and Administration

Attn: Purchasing Manager The University of Wisconsin Oshkosh

236 Dempsey Hall 800 Algoma Blvd.

Oshkosh, Wisconsin 54901

The complete protest must be received by the Vice Chancellor and the Purchasing Manager no later than ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing.

Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

OSHKOSH, WISCONSIN Page 16 of 95

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.

3.10 Method of Bid:

Bidder must submit the itemized list of charges with their net unit price and extended line item total for each item (1 – 36) listed in Section 1 on Attachment C.

Bidders shall list each service that will be required to complete the listed task in Section 2 for each Lot (A – D).

Bidders shall include actual unit of measure/quantity for each service line item and using the prices established in Section 1 to calculate the extended total cost per service line item, total cost per lot and grand total for Lots A-D. Prices listed should be in US dollars unless otherwise indicated.

3.11 Method of Award:

Award(s) shall be made on the basis of the lowest grand total for Lots A-D which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

3.11.1 The University reserves the right to make an interim award and to require proof of performance through a “trial” period of up to six months before awarding a final Contract. During this “trial” period, the University shall review the Contractor's performance, including invoicing requirements, to ensure complete compliance with the Contract.

If deficiencies are not remedied to the complete satisfaction of the University, the “trial” period shall be canceled and award shall be made to the next lowest responsible bidder. The final interim award decision rests with the University based upon the data it collects.

3.11.2 If the Contractor's performance demonstrates that the Contractor is capable of complete compliance with the contract on a continuous basis for the six-month trial period, the University shall make a final award for the contract.

3.11.3 To insure item(s)/service(s) meet the University’s specifications and will be completed within the time required, the University may award multiple Contractors within each lot.

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

Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score.

Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

3.12 Bid Review:

Bids will be reviewed by UW Oshkosh to verify that they meet all specified requirements in this RFB. This verification may include contacting references furnished in the vendor's bid, requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed product(s) and service(s), and reviewing results of past awards to the vendor by the State of Wisconsin. Vendors may not contact that State's reviewer(s) except at the State's request.

3.13 Notification of Award

All bidders who respond to this RFB will be notified in writing of the University's award of contract(s) as a result of this RFB. After notification by Purchasing of the intent to award, file copies of bids will be available for public inspection. Bidders must schedule document inspection with the Contract Administrator responsible for managing this RFB.

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SECTION #4: BIDDER QUALIFICATIONS

To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified (respond on "Bidder Response Sheet".)

4.1 Bidder Information:

Bidder must complete DOA-3832 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.

4.2 Bidder Experience:

Bidder company must be in the business of providing ASPHALT REPAIR AND MAINTENANCE SERVICES and must have done so for the past five (5) years.

4.3 Client List/References:

Bidder must indicate on DOA-3832 form with their bid a client list of THREE (3) firms to which similar services have been provided during the past three (3) years to a comparable sized institution or company. If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System or those references sought out independently of those submitted by bidder. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

4.4 Fair Price Analysis:

Purchases made under this contract may require further fair price analysis. Bidders should identify on the Bidder Response Sheet 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 will be required to provide this documentation prior to the order being issued.

4.5 Minimum Order:

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

4.6 Debarment:

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid.

Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.

https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html

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SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices:

5.1.1 Prices must remain firm for two year from the date of the signed contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.2 Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 30 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. An acceptance of the price list change will be in the form of an amendment to the contract.

5.1.3 Price increases must be labeled with the contract number and should be submitted in the same format as the original Itemized Bid List. Any price increase requested that is not submitted in the proper format may be rejected.

5.2 F.O.B.: All deliveries shall be FOB Destination and Installed. Delivery and installation charges and risk of loss shall be borne by the Contractor.

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

Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel as identified.

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

5.3 On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on university property. Bidders cost must include all transportation charges.

5.4 Requirements for Criminal Background Checks

Coverage of Contractors Contractor must include a representation stating that their employees, affiliates, or volunteers have satisfied a criminal background check conducted by a criminal background check vendor selected by the contractor that includes a check of the Contractor’s proprietary national criminal background check database.

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

5.5 Timeliness of Delivery:

Delivery is desired as soon as possible after receipt of a purchase order but must be within the limits as identified in Section 6.4, if those timeframes can be met.

The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in service within 24 hours of receipt of order or release against existing order(s).

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5.6 Additional Services:

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

5.7 Payment Terms

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

5.8 Invoicing Requirements:

Invoices for Purchase Orders:

5.8.1 Contractor must agree that all invoices shall reflect the discounts and net prices established for the services 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 of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

• 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 of work

• Campus location where services were provided

• prices per the Contract

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

The original invoice must be sent to University Accounts Payable, P.O.BOX 2884, Oshkosh, WI 54903- 2884 unless the customer identifies and establishes a different bill-to location.

5.9 Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 23.0. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract. Additional insurance coverage may be required by the State of Wisconsin.

Additional insurance requirements for this bid are as follows and a Certificate of Liability with appropriate coverage levels must be provided prior to beginning work:

Building Remodeling and Construction

Coverage Type Minimum Limit A. Worker’s Compensation REQ’D NO EXCEPTIONS B. Commercial General Liability Each Occurrence

$1,000,000 Gen. Aggr. Incl. Prdts/CO $2,000,000 C. Automobile Liability Combined Single Limit

$1,000,000

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D. Contractor’s Pollution Liability (with 1 year extended reporting period)

Each Occurrence $1,000,000 Aggregate $2,000,000

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 and Contractor’s liability policies.

The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

If 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.

Contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its 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 or result from the negligence, misconduct or other fault of Contractor, its agents, employees, subcontractors or contractors.

5.10 Performance Meetings

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

5.11 Subcontracting:

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

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

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

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

5.12 Travel Per Diems

All of the Contractor’s travel and per diem expenses (as applicable) shall be the Contractor’s sole responsibility.

Payment to the Contractor by the University shall not include an additional amount for this purpose.

5.13 Activity Reports:

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

• date of order/release

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

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

• prices per the Contract

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5.14 Contract Termination

5.14.1 The University may terminate the Contract at any time, without cause, by providing 15 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

5.14.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 30 calendar days.

Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to failure to provide any of the Terms, Conditions or Specifications.

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

5.14.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for

Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

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

5.14.6 All notices of performance failure must be submitted in writing to Purchasing, 236 Dempsey…