2-2026003 Hot Patch and Cold Patch Terms and Conditions.pdf

Waukesha County Bid #2026003

January 14, 2026

WAUKESHA COUNTY GENERAL TERMS AND CONDITIONS

FOR HOT PATCH AND COLD PATCH

GENERAL: It is the intent of this specification to describe the minimum requirements for Hot Patch and Cold Patch Asphalt 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 website (https://waukeshacounty.bonfirehub.com/). 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://bonfirehub.zendesk.com/hc

January 14, 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 that is responsible and responsive who complies with the specifications and can meet the delivery requirements. Award may be made to multiple vendors to ensure appropriate coverage. Note:

Award will NOT be made to firms that check “Does Not Comply” for any of the requirements.

Please see the “Request for Change” paragraph above if you are unable to comply with the specifications.

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).

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

AUTHORIZED DISTRIBUTOR: Vendor must be an authorized distributor/reseller for XXXX. Evidence must be submitted upon request.

COOPERATIVE PURCHASING: This commodity/service has been selected to be made available for use by other units of local government in Wisconsin. These subdivisions include cities, towns, villages, school, and special districts that are members of V.A.L.U.E. in Local Government. A current list of members is available at www.value4gov.org (select FAQ). Sales to the above units of government by the Contractor will be optional and will not be considered when determining award, i.e., it is not mandatory to allow other agencies to participate.

It is to be understood, however, that Waukesha County shall not be responsible for any problems that may arise between any other units of government and the Contractor as a result of any sales. Any resulting contract is solely between the supplier and third-party unit of government. Billings for items purchased under this agreement shall be directed to the governmental agency making the purchase.

PRICING: Pricing must be firm for the initial term of the contract, April 1, 2026, through March 31, 2027. This contract may be extended at the sole discretion of the County for four (4) additional one-year periods.

After the first term, pricing may be adjusted in accordance with the Bureau of Labor Statistics, Producer’s Price Index- Commodities, Not Seasonally Adjusted, Asphalt Paving Mixture & Block http://www.value4gov.org/

January 14, 2026

Manufacturing, 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.

If pricing changes for subsequent extensions are not acceptable to either the County or the contract, the County at its sole discretion may continue with any remaining awarded vendors or rebid the materials in their entirety.

Continuation beyond the initial term is subject to the appropriation of funds in succeeding fiscal years by the proper County Officials.

Note: Exact quantities cannot be determined, however, the following is being provided for bidding purpose only and is no guarantee of actual quantity to be ordered.

Waukesha County purchases material for both County and State use. Approximately $60,000 has been allotted for 2026 projects for the County and the state purchases will be made as needed. It is not specifically known which area(s) the money will be expended in between County and State.

ORDER PLACMENT/PAYMENT: Waukesha County Highway personnel will contact the vendor to place an order and agree on a time for a pickup of product by Waukesha County. The vendor’s staff will not issue any products to anyone other than authorized, designed County personnel.

All receipts for products shall have the printed name, signature and department name of the authorized/designated personnel picking up patching material. Vendor’s failure to obtain information shall result in non-payment by the County for purchase.

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.

Purchasing or Highway personnel will send the vendor a letter requesting pricing for the item(s) to be added. The vendor, within two (2) working days, should respond in writing and include the bid number, contract period and the price for each item requested. Upon receipt, the County shall issue a Change Order adding the product(s) to the Purchase Order. The County reserves the right to accept or reject prices and obtain bids on the open market for these add-ons.

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

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

WAUKESHA COUNTY’S REPONSIBILITIES: Waukesha County Highway personnel will be notified by the Purchasing Division of award(s) and will be provided with the vendor’s name, contact and a chart providing applicable pricing and the guidelines for the contract.

ROAD MATERIAL REQUIRMENTS: As listed in the Pricing Document.

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

January 14, 2026 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.

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