1-2026003 Hot Patch + Cold Patch Asphalt - Signature Page.pdf

Waukesha County Purchasing Division

INVITATION TO BID

BID NO. _____________ DESCRIPTION: _________________________

Opening Date:______________ Buyer: ________________________

Opening Time: ______________ Phone Number: ________________

Bids received after the opening date and time specified will be rejected.

Bids must be submitted electronically through Waukesha County’s Bonfire Purchasing Portal at https://waukeshacounty.bonfirehub.com/

Submissions by other methods will not be accepted. PLEASE DO NOT FAX THIS PAGE TO

US.

Please reference this project on https://waukeshacounty.bonfirehub.com/ for the required submittal documents.

Bids must be electronically submitted on the forms provided and must be signed to be considered. THE SIGNATURE PAGE AND THIS PAGE MUST BE UPLOADED WITH YOUR BID in order to be eligible for award.

Delivery Terms: Bids must include delivery F.O.B. to the address specified. All transportation charges to be prepaid and borne by the vendor.

If Awarded, Purchase Order should be addressed to:

Payment should be mailed to:

THIS IS AN INVITATION TO BID – IT IS NOT AN ORDER

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WAUKESHA COUNTY PURCHASING DIVISION Phone: 262-548-7888 515 W Moreland Blvd., Adm. Center, Room 310 Fax: 262-548-7668 Waukesha, WI 53188

BID SIGNATURE PAGE

All Signature Pages must be signed to be considered

Bid No. _______________ Description:___________________________________

OFFER AND ACCEPTANCE

The proper submission of this form by the Contractor will be considered as the Contractor’s offer to enter into a Contract in accordance with the provisions herein set forth.

The submission of a Proposal shall be considered as a representation that the Contractor has carefully investigated all conditions, has full knowledge of the scope, nature and quality of work required, and is familiar with all applicable State, Federal and Local regulations that affect, or may at some future date affect the performance of this Contract. All quoted conditions and prices submitted shall remain firm for ninety (90) calendar days from opening date.

If your Proposal is accepted and a Contract issued, then this Bid/Request for Proposal inclusive of its Terms and Conditions, and all documents attached hereto including any amendments, the Contractor’s Technical Response and Fee Schedule and any other written offers/clarifications made by the Contractor and accepted by the County, will be incorporated into the entire Contract between the County and your firm, and it shall contain all the terms and conditions agreed upon by the parties hereto.

Acceptance will take place only upon award and execution of this document by the proper County officials, and delivery of the fully executed Contract to the Contractor. The Contract may be amended only by written agreement by the Contractor and Waukesha County Purchasing Division.

Complete all boxed areas, including Amendment number(s) and electronically or manually sign the document prior to submitting. By signing below, we agree to furnish all items listed in the above referenced Bid/RFP inclusive of applicable specifications, amendments and Terms and Conditions.

I have reviewed the Bid/Request for Proposal identified above and Amendment Nos. ______________________, and all other Contract documents, plans and specifications and have carefully examined the same in detail before submitting this proposal.

Bidder’s Firm:

Address, City, State, Zip

Telephone No. Fax No.:

Email:

TO BE SIGNED & SUBMITTED BY THE PERSON AUTHORIZED TO LEGALLY BIND YOUR FIRM TO THIS CONTRACT

Submitted By:

Signature Required Above Printed Name Required Above

Title: Date:

STANDARD TERMS AND CONDITIONS FOR FORMAL BID AND CONTRACT

1. SIGNATURE REQUIREMENT, Bids Must Be Signed: This bid must be electronically or manually signed by the bidder. All attachments, additional pages, addenda, or explanations supplied by the bidder with this bid will be considered part of the bid, however they will be rejected as counteroffers when in conflict with the Terms and Conditions stated herein.

2. AMENDMENT OF BIDS:

a. By County: Bids may be amended by the Purchasing Division in response to need for further clarification, specification changes, new opening dates, etc. Amendments will be posted to our Bonfire Purchasing Portal at, https://waukeshacounty.bonfirehub.com/. Bidders are responsible for checking this website for amendments, etc. prior to the opening date. All Amendments must be acknowledged prior to the opening date. Bidders who do not acknowledge the amendment(s) may have their bid rejected.

b. By Bidder: Bids may only be amended after receipt by the Purchasing Division by submitting a later dated bid that specifically states that it is amending an earlier bid. No bid may be amended after bid opening. Any amended bid that conflicts with the terms and conditions stated herein will be considered a counteroffer and will be rejected.

c. Upon request of the Bidder: If any of the terms and conditions prevent you from bidding, consideration will be given, if possible, to a bidder’s request for a change. This request must be submitted to the Purchasing Division in writing five (5) business days prior to bid opening, and if granted, an amendment will be posted to our Bonfire Purchasing Portal at https://waukeshacounty.bonfirehub.com/.

3. COUNTEROFFERS: A bid response that includes terms and conditions that do not conform to, or are conflicting with the terms and conditions in the bid document and/or specifications, subject the bid to rejection. Waukesha County reserves the right to permit the bidder to withdraw nonconforming or conflicting terms and conditions from its response prior to Waukesha County making an award.

4. TIE BIDS: In the event of tie bids, award will be made in accordance with the provisions set forth in the Policies and Procedures of the Purchasing Division.

5. CASH DISCOUNT: All bidders must state their best cash discount on the bid form for payments made thirty (30) days following receipt and acceptance of goods. Discount for earlier payment (less than 30 days) will not be considered for purpose of award.

6. DELIVERY F.O.B. DESTINATION: All bid prices must include delivery F.O.B. destination freight prepaid, unless otherwise specified in the bid invitation.

7. TAXES TO BE EXCLUDED FROM PRICE: All bids must be submitted without the inclusion of Federal Excise and Wisconsin Sales Tax as the County is exempt therefrom [(State Statute No.

77.54(9A)].

8. SUBSTITUTIONS AND EQUIVALENTS: Substitutions of/or equivalents of specified items may be permitted at the sole discretion of the Purchasing Division.

9. SAFETY REQUIREMENTS: All material, equipment and supplies provided to the County must comply fully with all Safety Requirements as set forth by the Wisconsin Administration Code, Rules of the Industrial Commission on Safety and all applicable OSHA Standards.

10. PACKAGING: Materials shall be clearly labeled and packaged in accordance with Federal and Wisconsin requirements, and, if specified, in the Terms and Conditions of the Invitation for Bid as so specified.

11. OTHER CONSIDERATIONS: Quantities involved, time of delivery, purpose for which required, competency of bidder, ability to render satisfactory service and past performance will be considered in determining status as a responsible bidder.

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12. QUALIFYING BIDDERS: Prior to award, Waukesha County Purchasing Division may require the bidder to provide submission of proof of financial stability/ability and experience in performance of similar obligations.

13. RESERVATIONS: The Purchasing Division reserves the right to (1) reject any or all bids, or any part of any bid, (2) award separately or in the aggregate, (3) order within 10% more or less.

14. WITHDRAWAL OF BIDS: Bids may be withdrawn only in total, and only by a written request addressed to the Purchasing Division prior to the bid opening. Partial bid withdrawal is not acceptable.

15. INSURANCE: If applicable, an insurance certificate meeting the County's requirements, as specified in the bid document, shall be provided to the Purchasing division with the bid or as stated in the bid/specifications. Failure to do so can make the contract voidable at the County's discretion. Said insurance certificate must be approved by the Risk Manager prior to the commencement of any work.

The Contractor shall not allow any subcontractor to commence work until the insurance required of the subcontractor has been obtained and approved.

a. The Certificate(s) of Insurance shall be issued by a company or companies authorized to do business in the State of Wisconsin and satisfactory to the County. Such insurance should be primary. Contractor shall furnish the County with a certificate of insurance and upon request, certified copies of the required insurance policies. The certificate(s) shall reference the contract and name Waukesha County, its boards, commission, agencies, officer, employees and representatives as additional insured and provide for (30) thirty-days advance notice of any change, cancellation or non-renewal during the term of the contract.

16. PURCHASE ORDERS: No shipments shall be made under the contract until a Purchase Order has been received unless otherwise agreed to by the Manager of Purchasing in writing.

17. NONDISCRIMINATION: The successful bidder will not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, marital status, sexual orientation, disability, or national origin or ancestry. This provision must be included in all subcontracts.

18. APPLICABLE LAW: Except as provided herein, Wisconsin will be the forum for all disputes.

19. GUARANTEED DELIVERY: Failure by the Contractor to adhere to the delivery schedule as specified, or to promptly replace rejected or defective materials within a specified time frame, shall render the Contractor liable for the difference between the "open market" and the contract price, and/or other costs as applicable under the Uniform Commercial Code. Such purchases will be deducted from contract quantities.

20. ASSIGNMENT OR SUBCONTRACT: This contract may not be assigned by the successful bidder without the written consent of the Purchasing Division. All subcontractors must also be approved by the Purchasing Division.

21. CONTRACT CONTINGENT UPON FUNDING: The failure of the Waukesha County Board to appropriate funds for the performance of the contract shall void the contract.

22. EXTENSIONS: Agreements shall run for the period indicated subject to two one-year extensions.

Option of extension, if mutually agreeable to the County and the Contractor, shall be in writing and may be exercised within sixty (60) days of the contract expiration date, or as otherwise expressed in the bid.

23. NON-INTEREST OF COUNTY EMPLOYEE AND OFFICIALS: No official or employee of Waukesha County shall have any financial interest, either direct or indirect, in the bid or contract. No official or employee of Waukesha County shall exercise any undue influence in the awarding of the bid or contract.

24. WAIVER: One or more waivers by any party of any term of the contract will not be construed as a waiver of a subsequent breach of the same or any other term. The consent or approval given by any party with respect to any act by the other party requiring such consent or approval shall not be deemed to waive the need for further consent or approval of any subsequent similar act by such party.

25. DELAYS IN DELIVERY: Delays in delivery caused by government priority or requisition, riots, fires, sabotage, acts of God, or any other delays deemed by the Purchasing Division to be clearly and unequivocally beyond the Contractor's control will be recognized by the County. The Contractor may be relieved of the responsibility of meeting the delivery time as stipulated in the contract upon Contractor's filing with the Purchasing Division just and true statements requesting an extension of delivery, signed by the Contractor and giving in detail all the essential circumstances which, upon verification by Waukesha County, justify such action under the provisions of this section by the Purchasing Division. THE REQUEST FOR EXTENSION MUST BE FILED WITH THE PURCHASING

DIVISION NO LATER THAN SEVEN (7) CALENDAR DAYS PRIOR TO THE ACTUAL DELIVERY

DATE. FAILURE TO FILE THIS REQUEST FOR DELIVERY EXTENSION SHALL RENDER THE

CONTRACTOR LIABLE FOR THE DIFFERENCE BETWEEN THE “OPEN MARKET” AND THE

CONTRACT PRICE, AND OTHER COSTS, AS APPLICABLE UNDER THE UNIFORM

COMMERCIAL CODE.

26. PAYMENT FOR CONTRACT PERFORMANCE: Upon the complete performance of this contract by the Contractor, and after the acceptance of said performance by Waukesha County, the Contractor shall be paid any balance then remaining due and payable under the terms of this contract for said work, material, services, items, supplies or equipment.

27. CONTRACT DEFAULT: If the Contractor fails to fully and completely perform the contract within the time designated for the performance thereof, the Contractor shall pay Waukesha County, as liquidated damages for such default, any amount required by the bid. Failure to require such amounts, deposits or bonds shall not limit the remedies otherwise available to Waukesha County.

28. INDEMNIFICATION AND DEFENSE OF SUITS: The successful bidder agrees to indemnify, hold harmless and defend Waukesha County, its officers, agents and employees from any and all liability including claims, demands, damages, actions or causes of action, together with any and all losses, costs, or expense, including attorney fees, where such liability is founded upon or grows out of the acts, errors, or omissions of the successful bidder, its employees, agents or subcontractors.

29. AUDITOR ACCESS: In the event that WAUKESHA COUNTY deems it necessary to conduct an audit or inspection, Contractor shall, during normal business hours, furnish or make available at a time designated by WAUKESHA COUNTY and in the form required by WAUKESHA COUNTY, information, records and reports regarding powers, duties, activities, organization, property, financial transactions, method of operation, or any and all other records, reports or information in Contractor's custody or control. Contractor shall provide WAUKESHA COUNTY inspectors or auditors access to all property, equipment and facilities in Contractor's custody or control. Contractor shall be expected to provide, at Contractor's expense, reasonable time by Contractor's personnel as may be required for WAUKESHA COUNTY inspectors or auditors to perform the inspection or audit. Any information provided to the auditors, which is deemed confidential by federal, state or local laws shall be held as confidential and not disclosed to the public.

30. BID RESULTS: Bid tabulations are available to the public approximately 10 days after the opening date. Bidders may obtain information pertaining to results of bids by visiting the Waukesha County Purchasing Division Monday through Friday between 8:00-11:30 AM & 1:00-4:00 PM. Copies of bid tabulations can be obtained at 15 cents per page and postage costs, if applicable. Bid tabulations are also available on our Waukesha County Bonfire Procurement Portal at https://waukeshacounty.bonfirehub.com/

31. FAILURE TO BID: Failure to respond to an Invitation to Bid (submission of bid, or notice in writing that you are unable to bid, but wish to remain on the active bidder's mailing list qualifies) will be understood by the County to be a lack of interest and result in the removal of the vendor's name from the applicable bidder's list.

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