2-2025052 Culverts and Guardrails General Terms and Conditiions.pdf

Waukesha County Bid No. 2025052 January 5, 2026

WAUKESHA COUNTY GENERAL TERMS AND CONDITIONS FOR

CULVERTS, GUARDRAILS, AND RELATED HARDWARE

GENERAL: It is the intent of this specification to describe the minimum requirements for Culverts and Guardrails for Waukesha County. All items, details of construction, services or features not specifically mentioned which are regularly furnished in order to provide the services described herein shall be furnished at the bid price and shall conform in strength, quality, and workmanship to that usually provided by the practice indicated in the Invitation to Bid.

ELIGIBILITY: Organizations Transacting Business in Wisconsin: Chapters 178, 179, 180, 181, and 183 of the Wisconsin Statutes contain a general provision that the following shall not transact business in this state until it has obtained a certificate of authority or registration from the Department of Financial Institutions:

A foreign (out-of-state) corporation, Nonstock Corporation, limited partnership, limited liability Company, cooperative association, or limited liability partnership.

Therefore, in order to be eligible for award, Firms meeting the above criteria must be registered to do business in the State of Wisconsin with the Department of Financial Institutions (https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/ForeignEntities.aspx) within ten (10) business days after award but no later than prior to contract execution. Note: For assistance, please contact the State of Wisconsin Department of Financial Institutions directly. Waukesha County cannot provide any advice, legal or otherwise, related to this matter.

REQUEST FOR CLARIFICATION OR CHANGE: Bidders are reminded to carefully examine the bid and specifications upon receipt. Bidders should make a request for interpretation or correction of any ambiguity, inconsistency, or error.

Additionally, if in your opinion, any of the terms and conditions of this bid or specification causes your firm to be noncompliant with the specifications and prevent you from bidding, consideration will be given to a bidder's request for change.

Any requests for changes, clarifications, etc., MUST be submitted in writing to the Waukesha County Purchasing Division, to the attention of the Buyer whose name appears on the Pricing Document, at least five working days prior to the bid opening. Requests received after that time will not be considered.

Any changes made as a result of a written request will be issued via a bid amendment to all prospective bidders and, if necessary, an extension will be made to the bid opening date. Amendments will be posted to the Waukesha County Bonfire portal. Bidders are responsible for checking this website for any future amendments, etc., prior to the opening date. If an amendment is issued, it must be acknowledged on the signature page by placing the amendment number(s) in the box located above the signature area. Bidders who do not acknowledge the amendments may have their bids rejected.

Bidders are cautioned not to change any of the terms or conditions in the bid and/or any of the specification requirements without the written approval of the Purchasing Division. Any unauthorized changes will constitute a counteroffer and will subject the bid to rejection.

BID RESPONSE: Your bid response must be submitted electronically using Waukesha County’s Bonfire website and following the directions contained therein. Submissions by other methods will not be accepted. Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc. Vendors will have the ability to modify their submissions up to the https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/ForeignEntities.aspx https://waukeshacounty.bonfirehub.com/ https://bonfirehub.zendesk.com/hc

January 5, 2026

Submission Deadline in Bonfire. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1,000 MB.

Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. Supported browsers include Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox (JavaScript must be enabled).

Fax or email responses are not considered electronic responses and will not be accepted.

AWARD AUTHORITY: The Waukesha County Purchasing Division will be the sole judge of the quality and suitability of the equipment, materials and/or services offered in its determination of the successful bidder.

Waukesha County reserves the right to Award by Group or in the aggregate, whichever is in the best interest of the County. Bidders may bid on one or both Groups. You do not have to bid on both Groups to participate in the bidding process. Award will be made to the lowest responsible, responsive bidder for the method of award chosen (by Group or in the aggregate) who complies with the Bid and specifications.

Note: Award will NOT be made to firms that Do Not Comply for any of the requirements. Please see the Request for Clarification or Change paragraph above if you are unable to comply with the Bid and specifications.

BID OPENING: Waukesha County conducts Bid/RFP openings telephonically instead of in-person. If you desire to attend the telephonic opening for this RFP, please use the following dial-in access code to join in on the opening. We ask that participants mute their phones except for when they need to speak during the opening. Waukesha County complies with the Americans with Disabilities Act. Please contact us at (262) 548-7888 in advance of the proposal opening and efforts will be made to accommodate your needs.

Dial-In Numbers:

262-896-8001 Participant Access Code: 2176082

BID MODIFICATIONS: The Purchasing Division has the sole authority for the modification of this specification and/or bid. Information provided verbally by any County official shall not be considered binding or relevant.

STATE SALES TAX/FEDERAL EXCISE TAX: Bids should not include Federal Excise and Wisconsin State Taxes, as the County is exempt from payment of such taxes. Wis. Stat. § 77.54(9a).

AUTHORIZED DISTRIBUTOR: Vendor must be an authorized distributor/reseller for the requested culverts and guardrails. Evidence must be submitted upon request.

UNSUITABLE MATERIALS: Bids will not be considered for materials that have previously failed to perform satisfactorily to the standards as described in the Questionnaire/Specifications document or from contractors or subcontractors who have a history of performance problems with the County.

DEVIATION: The absence of a written list of deviations submitted with the bid shall hold the bidder strictly accountable to the County and to the specifications as written. Any unauthorized deviation from the specifications may be grounds for rejection of the culverts and guardrails when delivered.

GROUP 1: CULVERTS: Approximately $20,000 worth of culvert materials are budgeted for the current fiscal year and are a culmination of state and county estimates. This estimate is given for bidding purposes only and is no guarantee as to the actual quantity to be purchased.

GROUP 2: GUARDRAILS: Approximately $80,000 worth of guardrail materials are budgeted for the current fiscal year and are a culmination of state and county estimates. This estimate is given for bidding purposes only and is no guarantee as to the actual quantity to be purchased.

January 5, 2026

TERM/PRICING/DELIVERY: Term is two (2) years (3/1/26 – 2/28/28) plus three (3) one-year extensions. Pricing must be firm for the first twelve (12) months (3/1/26 – 2/28/27) of the initial two (2) year term and is to include the cost of delivery FOB destination to the Waukesha County Department of Public Works (DPW) Highway Operations Center, 1641 Woodburn Road, Waukesha, WI 53188.

After the first six (6) months, and for any extensions taken, pricing may be adjusted in accordance with the Bureau of Labor Statistics, Producer’s Price Index-Commodities, Not Seasonally Adjusted, Fabricated Metal Product mfg,12-month percent change from the most recently reported month in the current year compared to the same month of the previous year or 3%, whichever is lower. And Steel Product Mfg.

purchased steel, Producer’s Price Index-Commodities, Not Seasonally Adjusted.

Waukesha County reserves the right to request a decrease based on a downward trend of the aforementioned index.

Increases in overhead or profit will not be allowed. If the Contractor is unable to continue with the agreement based on the price adjustment, the agreement will be rebid. However, Contractor is required to continue providing culverts, guardrails, and related hardware under the agreement at the adjusted price until a new award is made.

Failure to do so may jeopardize your opportunity for future awards.

Any requested increase to pricing must be provided in writing to the Waukesha County Purchasing Division thirty

(30) days prior to the end of each Contract year. The County reserves the right to reject any requests received.

ORDER PLACEMENT: Quantities listed on the Bid Table/Pricing Document are approximate annual purchases based on prior order history. Waukesha County will issue either a Blanket Contract or an Order Form as a result of this bid for culverts and guardrails to be delivered FOB destination, on an as-needed basis. Vendor(s)’ obligation to deliver shall not take effect until the ordering documents have been received by vendor(s).

All receipts for products shall have the printed name, signature and department name of the authorized/designated personnel receiving the items. Vendor(s)’ failure to obtain this information may result in non-payment by the County for the purchase(s).

ADD-ONS: The County reserves the right to add, delete or acquire other types of products and supplies that the vendor can supply that are similar to, but not specifically called for, in this bid. The Procedure for such acquisitions shall be as follows:

Purchasing will send the vendor a letter requesting pricing for the additional items(s). The vendor, within three (3) working days, should respond in writing and include the bid number, contract period and the price for each item requested. The County reserves the right to accept or reject prices and obtain bids on the open market for these add-ons.

REJECTION: The County reserves the right to reject any items that do not conform to this Bid and/or the specifications. All return freight charges associated with the rejected materials shall be borne by the vendor.

CANCELLATION: Waukesha County reserves the right to cancel this agreement upon thirty (30) days written notice if vendor deviates from the requirements of this bid/specification.

PAYMENT: Waukesha County’s preference is to pay for goods/services on a P-Card. Indicate in the pricing document whether you will accept VISA for payment purposes. If so, all pricing must be inclusive of any and all fees associated with the acceptance of VISA; i.e., vendors are not to add notations such as “+3% service fee” In addition, vendor should note how many days after receipt and acceptance of goods/services or receipt of invoice (whichever is later), payment must be processed to accept the credit card. Please keep in mind that we will not process payment until/unless compliance with the requirements/receipt of goods are confirmed and that Waukesha County requires a minimum of two (2) days to process p-card payments. If you are unable to accept credit card, payment will be made within thirty (30) days after acceptance of goods/services and receipt of a properly documented invoice. Note: Invoice must be sent to the location specified on the purchase order to avoid delays in payment. Vendors who wish to quote a discount for early payment against a purchase order may do so (reference the payment terms of the Pricing Document). For example: 1%/10 days. Discounts will be taken into consideration when evaluating costs.

January 5, 2026

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