RFB 26-026

Price Park Natural Playground

Request for Bid (RFB)

BID #26-026

For: Walworth County Department of Public Works – Parks Division

Schedule of Events:

This schedule is in local time and is provided for your information and planning purposes. Although every effort will be made to follow this schedule, we reserve the right to modify the dates as necessary.

Contact Information:

Purchasing Agent: Carolyn Holt, Senior Buyer Walworth County Purchasing

100 W. Walworth Street Elkhorn, WI 53121

Bid Issued: March 26, 2026

Optional Pre-Bid Meeting: April 10, 2026 10:00 a.m.

Substitutions Due: April 14, 2026 3:00 p.m.

Questions Due: April 14, 2026 3:00 p.m.

Final Addendum Issued: April 20, 2026

Bids Due: April 27, 2026 10:00 a.m.

Anticipated Contract Start: June 1, 2026

Project Completion September 30, 2026

Table of Contents

I. POSTING OF SOLICITATION

II. INVITATION

III. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

IV. EXAMINATION OF SITE AND BID DOCUMENTS

V. PRE-BID MEETING AND PROJECT SITE TOUR

VI. BIDDER INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO BID

VII. SUBMISSION OF BID

VIII. ELECTRONIC MODIFICATION OF BID

IX. WITHDRAWAL OF BID

X. BIDDER SUPPLIED DOCUMENTATION / MATERIALS

XI. PUBLIC BID OPENING MEETING

XII. METHOD OF AWARD

XIII. TERM OF CONTRACT

XIV. BIDDER QUALIFICATIONS

XV. SCOPE OF SERVICES

XVI. SPECIFICATIONS

XVII. BONDING

XVIII. EMERGENCY SERVICES

XIX. ADDITIONAL SERVICES

XX. NEW EQUIPMENT

XXI. SUBCONTRACTING

XXII. EMPLOYEES

XXIII. WORK HOURS

XXIV. WARRANTY

XXV. PRICING

XXVI. INVOICING

XXVII. PAYMENT

XXVIII. REJECTION

XXIX. DEFICIENCIES

XXX. ACCEPTANCE

XXXI. “PIGGYBACK” CLAUSE

XXXII. CONTRACT REVIEW

XXXIII. WORK/SITE RULES

XXXIV. COMPLIANCE WITH LAWS

XXXV. INSURANCE REQUIREMENTS

XXXVI. CANCELLATION

I. POSTING OF SOLICITATION

All Walworth County solicitations are posted on the County’s Bonfire Portal at:

walworthcountywi.bonfirehub.com. To ensure notification of future opportunities with Walworth County, Bidders must be registered. Bidders may register for an account with Bonfire at no charge.

NOTE: Walworth County will make no attempt to contact Bidders with updated information. It is the responsibility of each Bidder to periodically check the portal for all notifications, releases, and addenda associated with this solicitation.

II. INVITATION

Walworth County is accepting sealed, electronic bids submitted through the Bonfire Portal from qualified firms for installation of a natural play structure at Price Park for the Walworth County Department of Public Works – Parks Division, hereinafter referred to as the “County,” in accordance with the specifications stated and/or attached herein/hereto. The successful bidder will hereinafter be referred to as the “Bidder” or “Contractor.”

Sealed, electronic bids will be received until 10:00 a.m. local time on April 27, 2026. Shortly after time of deadline, bids received will be publicly opened virtually by purchasing staff.

https://walworthcountywi.bonfirehub.com/projects

III. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Bid by reference. Standard Terms and Conditions are available on the internet, under the Purchasing Division on the Walworth County Home Page or by clicking on the following link:

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF

Documents are also available, upon request, by contacting the Buyer listed in on the cover of this solicitation.

IV. EXAMINATION OF SITE AND BID DOCUMENTS

Bidder is required to carefully examine the bid, the scope of work, the site of the work, and the contract contained herein. It will be assumed that the bidder has investigated and is satisfied as to the requirements of the bid documents. It is mutually agreed that the submission of a bid shall be considered as conclusive evidence that the bidder has made such examination and is satisfied as to all the conditions and contingencies.

Pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this specification as a result of failure to make the necessary examinations and investigations will NOT be accepted as:

• An excuse for any failure or omission on the part of the Bidder to fulfill, in every detail, all of the requirements of the bid, or

• As a basis for any claims whatsoever for extra compensation, or

• For an extension of time.

V. PRE-BID MEETING AND PROJECT SITE TOUR

One Optional pre-bid meeting and site tour will take place on April 10, 2026, at 10:00 a.m. (local time).

Attendees should meet at Price Park, N6421 Hodunk Road, Elkhorn, WI 53121. This is the only opportunity for a site tour with County staff present; therefore, Bidders should be sure to bring any necessary subcontractors.

Attendees are reminded to review all Bid Documents, drawings, etc. prior to arrival.

VI. BIDDER INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO BID

Bidders should request interpretation or correction of any ambiguity, inconsistency, or error.

Consideration will be given to a bidder’s request for a change if any of the terms and conditions of this bid are not in full accord, or if changes, alterations, additions or deductions are necessary for your firm to be compliant with the specifications and submit a response. Any questions, requests for changes, clarifications, etc., must be submitted in writing using the “Messages” feature under this Project in Bonfire at https://walworthcountywi.bonfirehub.com/opportunities/219970

Unless otherwise provided for in this Request for Bid, the name of a certain brand, make or manufacturer does not restrict vendors to the specific brand, make or manufacturer names; but conveys the general style, type, character, and quality of the product desired. Any product which Walworth County, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. It is the vendor’s responsibility to clearly and specifically indicate the product being offered with their Substitution Request Form (Attachment A) and to provide sufficient descriptive literature, catalog cuts and technical detail to enable Walworth County to determine if the product offered meets the requirements of the Request for Bid. Failure to furnish adequate data for evaluation purposes may result in declaring the bid non-responsive. Unless the vendor clearly indicates in its bid that the product offered is an “equal” product, such bid will be considered to offer the brand name products referenced in this Request for Bid.

http://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://walworthcountywi.bonfirehub.com/opportunities/XXXXXX

Substitution requests will be considered as follows:

1. Written substitution requests must be received no later than April 14, 2026, at 3:00 p.m., local time.

Any requests shall be submitted on the Substitution Request Form (Attachment A) by sending a “Message” via Bonfire and stating that you intend to submit a Substitution Request.

2. Approved substitutions will be posted by Addendum.

3. The County’s decision is final regarding all product approvals/rejections.

4. Substitutions received after the substitution due date will not be considered.

5. If no substitutions have been submitted for approval and approved, as described herein, then the specified products must be furnished.

Questions must be received no later than April 14, 2026, at 3:00 p.m. You will not be able to initiate messages to the Buyer after this time.

Unauthorized Bidder contact regarding this RFB with any County employee may result in disqualification of Bid. Any oral communication will be considered unofficial and non-binding. Bidders shall rely only on written addenda issued for this opportunity.

Any changes as a result of a written request will be issued via addendum and will be posted to the Bonfire Portal. Bidders are responsible for monitoring Bonfire Portal. Each addendum forms an integral part of this RFB and contains important information which may include significant changes to this RFB. Bidders are responsible for obtaining all addenda issued prior to the opening date. The County will make no attempt to contact Bidders with updated information.

VII. SUBMISSION OF BID

Bidders, by submitting a response to this RFB, certify and agree to meet all the requirements as stated herein.

A bidder must state in their response if they are unable or unwilling to meet any requirement. Inability or unwillingness to meet any requirement, in part or in whole, may be cause for disqualification. Any exceptions taken by the bidder must be clearly identified in the bid.

Bids shall be irrevocable until Contract award unless the bid is withdrawn. Bidders may withdraw a response at any time until the submission deadline.

Bidders shall assume full responsibility for ensuring electronic delivery of bids before the RFB deadline.

Bidders should allow sufficient time to complete the electronic submission by the date and time specified.

Walworth County will only accept electronic submittals in response to this RFB. All bids must be submitted electronically using the Bonfire Portal by the time and in the manner prescribed. Bonfire will serve as the bid collection destination.

1. Please note that Substitution Requests, if applicable, require a “Message” be received via Bonfire no later than 3:00 p.m. on April 14, 2026, as stated in Section VI above.

2. Prepare your Bid submission materials:

Requested Information:

Group Name Type # Files Requirement

Acknowledgements, and Subcontractors

There are various questions to

Acknowledge/respond to.

N/A Required

Pricing Pricing Form (BT-35AU) BidTable:

Datatable

N/A Required

Requested Documents

Bidder Questionnaire (Q-

29KQ)

Questionnaire:

Excel (.xlsx)

1 Required

Subcontractor List, if applicable

PDF (.pdf) 1 Required if applicable

Please note the type and number of files allowed. The maximum upload file size is 100 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Response templates and/or forms are available for downloading on the Bonfire Portal at:

https://walworthcountywi.bonfirehub.com/opportunities/219970

Requested Document(s):

Provide all documents as listed in the Requested information.

Requested Questionnaire(s):

Questionnaire(s) can be obtained from the above linked project.

Please note that Questionnaires may take a significant amount of time to prepare.

Requested Pricing Sheet(s):

You will need to complete the Pricing Sheet(s) online in the browser. The Pricing Sheet can be completed any time during your submission, however it must be completed all at once to submit and finalize. You may edit the submission before the due date. Please note that Pricing Sheet may take a significant amount of time to prepare.

3. Upload your submission at:

Important Notes:

a. Each item of Requested Information will only be visible to the County after Bid Closing Time.

b. Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

https://walworthcountywi.bonfirehub.com/opportunities/XXXXXX

c. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

d. Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript and browser cookies must be enabled.

e. The County is not responsible for any delays associated with the electronic submission of bids through Bonfire Portal.

f. Bids may not be transmitted orally, in person, by mail, by email or fax machine.

g. All bids shall be valid for a period of ninety (90) days after the scheduled time of closing. Bids shall remain firm and may not be withdrawn during this ninety (90) day period.

h. All Bidders, by submission of their bid, agree to abide by the rules, regulations, and procedures of the County.

Need Help:

The County uses the Bonfire Portal for accepting and evaluating bids digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us. .

Bidders shall assume full responsibility for ensuring electronic delivery of bids before the RFB deadline.

Bidders should allow sufficient time to complete the electronic submission by the date and time specified.

VIII. ELECTRONIC MODIFICATION OF BID

Any Bidder may modify its Bid electronically using the Bonfire Portal provided such modification is made prior to the closing time for receipt of Bids.

IX. WITHDRAWAL OF BID

Any Bidder may withdrawal its Bid electronically using the Bonfire Portal provided such withdrawal is made prior to the closing time for receipt of Bids.

X. BIDDER SUPPLIED DOCUMENTATION / MATERIALS

All material submitted by the Bidder in response to this request, become the property of Walworth County. The County is a unit of local government obligated to comply with Wisconsin’s Public Records Law, Wisconsin Statutes secs. 19.31 through 19.39. The presumption under the law is that public records shall be open to the public unless there is a clear statutory exception, unless there exists a limitation under the common law, or unless there is an overriding public interest in keeping the public record confidential. As such, bidders should assume that their submitted bid will be subject to disclosure under the Public Records Law.

Bidders responding to this request should not include any Confidential Information, proprietary information or protected trade secret(s) as part of its bid unless the bidder designates the specific information that it maintains is proprietary or trade secret and the reason(s) for such designation in a separate document and identifies the specific information when it occurs within the bid.

The County reserves the right to make determinations of Confidential Information when responding to public records requests and complying with Public Records Laws. Designation(s) of Confidential Information in no way guarantees that designated information will be kept confidential under the provision of the Public Records Law. Simply placing a confidential notice in the header or footer of the submittal does not satisfy the designation requirements. Bidder is not entitled to notification prior to release of information. In no event will price be deemed confidential.

XI. PUBLIC BID OPENING MEETING

No in-person public bid openings will be conducted at Walworth County. Bidders and members of the public may participate in the public bid opening for this RFB via video or teleconference as described in this Section.

The bids opened and read are considered preliminary and subject to review and verification of applicable bid requirements.

mailto:Support@GoBonfire.com https://vendorsupport.gobonfire.com/hc/en-us

The County will host this bid opening on April 27, 2026, at 10:15 a.m. local time via Microsoft Teams.

Interested participants may attend electronically via the livestream video conference by using the access information provided below.

Microsoft Teams meeting Join: Join the meeting now Meeting ID: 271 671 843 537 70 Passcode: 4tG3CV3S

Need help? | System reference Dial in by phone +1 414-219-0219,,798634548# United States, Milwaukee Find a local number Phone conference ID: 798 634 548# For organizers: Meeting options | Reset dial-in PIN

XII. METHOD OF AWARD

Walworth County is not obligated to make an award related to this request. The County reserves the right to accept or reject any or all Bids. If the County issues an award, the award will be made within ninety (90) days after the opening of bids to the responsive and responsible Bidder(s) conforming to the scope, specifications, terms and conditions, or to the most advantageous Bid submitted to the County on a quality versus price basis as follows:

• A Contract will be awarded to a single responsive and responsible vendor with the lowest cost.

Contract(s) shall be deemed as having been awarded when the appropriate County Committee has approved formal recommendation of award or County personnel having the authority to make such approval in accordance with County Procedures. Estimated contract award date is included in the “Schedule of Events” on the RFB cover.

The awarded Bidder will be required to execute the Example Contract provided as Attachment B.

To be considered responsive and in compliance with the Request for Bid, a Bid must:

1. Confirm in all material respects to the RFB, including all the requested information;

2. Include acknowledgement of all addenda; and

3. Contain no alterations to the terms or conditions of this Request for Bid except as specifically directed in this document.

To be considered responsible, a Bidder must establish to the complete satisfaction of the County that it:

1. Has the capability in all respects to fully perform the Contract requirements;

2. Has adequate financial resources to meet Contract obligations and will maintain same for the contract period;

3. Has the ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

4. Has a satisfactory performance record;

5. Has a satisfactory record of integrity and business ethics;

6. Has the necessary organization, experience, accounting and operational controls, and technical skills

(including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs) applicable to goods and/or services to be provided/performed;

7. Has the necessary production, construction, and/or technical equipment and facilities; and https://teams.microsoft.com/meet/27167184353770?p=dl0L2j0vx8Z6zxWCFR https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGI1OTNiNzYtZGE1MS00OTMyLThiNDUtZDdiYWFiNmM3ZDg5%40thread.v2/0?context=%7b%22Tid%22%3a%22abdd0c04-3909-4e20-bbcb-7b8a0283a1af%22%2c%22Oid%22%3a%22939d1ba8-63e9-413e-b4fe-007a47b39856%22%7d tel:+14142190219,,798634548 https://dialin.teams.microsoft.com/3545793f-3d5d-4816-a86c-5b26c488d908?id=798634548 https://teams.microsoft.com/meetingOptions/?organizerId=939d1ba8-63e9-413e-b4fe-007a47b39856&tenantId=abdd0c04-3909-4e20-bbcb-7b8a0283a1af&threadId=19_meeting_ZGI1OTNiNzYtZGE1MS00OTMyLThiNDUtZDdiYWFiNmM3ZDg5@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

8. Is otherwise qualified and eligible to receive an award under applicable Laws;

To determine the Bidder’s responsibility, before a Contract will be awarded for the specifications/scope contemplated herein, the County will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of services specified under this request. Upon request, the Bidder shall submit such additional information not specifically requested herein, as deemed necessary by the County to evaluate the Bidder's qualifications.

XIII. TERM OF CONTRACT

A contract will be awarded to the successful Bidder. The term of the contract shall be from the date of contract execution through project completion. Project is expected to be completed by September 30, 2026.

XIV. BIDDER QUALIFICATIONS

Bidders responding to this Request for Bid must meet the following minimum qualifications:

• Be properly licensed and incorporated to do business in the State of Wisconsin, which includes being registered with the Wisconsin Department of Financial Institutions (DFI) if respondent is required to be registered. If respondent is not required to be registered with DFI, provide supporting reasoning.

• May not be on the debarred from conducting business with the State of Wisconsin or Federal Government with the effective dates of this contract.

• Have at least (3) years of verifiable experience in landscape construction services, and/or general construction services, and/or natural playground construction services as specified. Experience should include accounts equal to or larger in size and scope of this request. Experience providing services to a government entity is preferred.

• Have a record of performance with reasonable financial support, personnel, equipment and organization to ensure satisfactory execution of the services required and specified herein.

• Meet or exceed all minimum specifications in their entirety to be considered for award.

XV. SCOPE OF SERVICES

The design and construction of the play structure is based on an understanding that the play structure will be built to meet the following performance specifications. The intent is that the County will receive a play structure built mostly of logs, that meets national safety guidelines, physically fits the footprint area shown on the site plans, and maintains the budget within the allocated costs for the item.

Typical work to be performed under the resulting contract(s) will include, but not be limited to, the following:

• Excavation of the work site to specified area, depths, and grade.

• Construction of the play structure and retaining wall feature per specifications.

• Filling of playground base with specified material at depths outlined in the specifications.

• Entire playground structure and assembly shall conform to the current guidelines of the CPSC

Handbook for Public Playground Safety, CPSIA 2008 and ASTM F1487.

XVI. SPECIFICATIONS

Contractor must adhere to all specifications outlined herein.

The play structure shall include:

• Upright log steppers

• Horizontal logs

• Balance logs that span between steppers

• Climbing rope spanning between two log posts

• Climbing net from grade to horizontal log

• (ADD ALTERNATE BID) Clambering loops spanning between two log posts connected to the existing play structure

A. References

1. American Society of Testing Materials (ASTM) F1487 – Standard Consumer Safety

Performance Specifications for Playground Equipment for Public Use – latest revision

2. International Play Equipment Manufacturers Association (IPEMA) – Public Play Equipment

3. U.S. Consumer Product Safety Commission (CPSC):

a. Handbook for Public Playground Safety Publication 325 – latest revision.

b. Consumer Product Safety Improvement Act (CPSIA 2008).

B. Size and Quantity - The size, shape, and area for the natural play areas should be built as shown on plans. This playground is suitable for the 2–5-year-old age group. All improvements shall fit inside this footprint and accommodate drainage, use zones, and structural supports. Final size of the play structure, layout, and extent it fills the space is to be coordinated by awarded contractor and the County. Plans show conceptual layout and quantity of logs to be expected.

C. Safety - Design and construction must meet all national and local safety requirements.

Including, but not limited to those listed in above references.

D. Structural Stability – The contractor shall ensure structural stability of all proposed elements.

E. Surfacing and Edging – Surfacing shall be built per plan set with depth of surfacing increased if necessary due to fall height of equipment provided. Western edge of the playground site shall have a retaining wall feature constructed of logs and Owner-provided boulders per construction drawings.

F. Log and Wood Performance Specification:

1. Logs: The following applies to all wood, large timber, branch, and log construction.

2. Species: The following species are acceptable.

a. Black Locust

b. Western Red Cedar

c. Redwood

3. Supply: All log materials will be contractor provided, contractor prepared, and contractor installed.

4. Transport: Logs will be stored, transported, and installed by contractor.

5. Select and Cut: Contractor will select which logs will be placed in which locations. Logs shall be of the diameter and lengths shown on the plans.

6. Peel and Treat: All logs will be peeled and finished.

a. Edges of wood members shall not have sharp points, splinters, snags, or rough edges.

Edges and sharp points shall be cut off, rounded, and sanded.

b. Logs shall not have ½” or larger cracks. Fill voids, secure closed, or remove section of log.

c. Logs not specified as black locust shall be finished with Timber Pro Internal wood stabilizer or approved equal and shall be applied to all edges and faces.

7. Locate and Secure: Contractor is responsible for locating logs and fabrication of any anchors. Contractor must ensure that placement of all logs is structurally sound.

G. Playground Signage:

1. ASTM and CPSC require playground safety signage. The following signage is required at each play area.

2. Required content:

a. All areas need a statement of intended age range.

b. All areas need the text “Adult supervision is recommended”.

c. All areas need Designer Identification Label: Design contractor shall provide stickers or plaques on custom equipment. Designer Identification Labels for pre-fabricated equipment shall be supplied by the manufacturer.

d. All areas need Strangulation Warning Labels.

e. All areas need Surfacing Warning Labels.

H. Finishes:

1. Powder Coating: UV stabilized; minimum 2 mil thickness.

a. Hardness: No less than 1H minimum, in accordance with ASTM D3363.

b. Color/Gloss Change, None below 80% over bake, in accordance with ASTM D2454.

c. Colors: Selected from manufacturer’s standard colors by Owner.

I. Examination:

1. Examine areas and conditions, with Installer present, for compliance with requirements for site clearing, earthwork, site surface and subgrade drainage, and other conditions affecting performance of the work.

a. Do not begin installation before final grading required for placing protective surfacing is completed unless otherwise permitted by Owner.

b. Proceed with installation only after unsatisfactory conditions have been corrected.

J. Preparation:

1. Notify proper authorities for locations of all underground utilities prior to starting work.

2. Components shall not infringe on adjacent property lines.

K. Installation:

1. Playground Structure

a. Maximum Equipment Height for Play Structure: Coordinate installed heights of equipment and components with finished elevations of protective surfacing. Set equipment so fall heights and elevation requirements for age group use and accessibility are within required limits. Verify that playground equipment elevations comply with requirements for each type and component of equipment. All play structure climbing elements shall have a maximum height of 20” above the safety surfacing.

b. Equipment Use Zone: Contractor shall comply with manufacturer or designer provided use zone dimensions and layout where applicable. Where there is a discrepancy between the manufacturer or designer provided use zone and the ASTM and CSPC guidelines, the most stringent requirements shall be applied.

c. Nature Play Logs: Round corners of angular features to at least ½” radius, this includes the cut ends of logs.

i. Vertical support posts, that are not intended for climbing, shall be cut at a 45-degree angle at the top.

ii. Post and Footing Excavation: Excavate holes for posts and footings as indicated in firm, undisturbed or compacted subgrade soil.

d. Post Set on Subgrade: Level bearing surfaces with drainage fill to required elevation.

e. Post Set with Concrete Footing: Comply with ACI 301 or ACI 401M for measuring, batching, mixing, transporting, forming, and placing concrete.

f. Set equipment posts in concrete footing. Protect portion of posts above footing from concrete splatter. Verify that posts are set plumb or at the correct angle, alignment, height, and spacing.

g. Place concrete around posts and vibrate or tamp for consolidation. Hold posts in position during placement and finishing operations until concrete is sufficiently cured.

h. Embedded Items: Use setting drawings and manufacturer’s written instructions to ensure correct installation of anchorages for equipment.

i. Concrete Footings: Smooth top, and shape to shed water.

2. Excavate post holes and remove all excavated material from site on a daily basis or managed on site. Any fill material or removed material shall not be placed in any shoreland, floodplain, or wetland areas.

3. Drainage shall be constructed per construction drawings in coordination with Owner.

4. Setting Posts: All posts shall be set in cylindrical concrete footings.

a. Play Structure Post Footing – comprised of one embedded post and a secondary post supported by the embedded post footing, screwed together.

b. Nature Play Steppers – Continuous spread footing

i. Trench depth: 12” below 12” of EWF surfacing (24” below finished grade).

ii. Post embedment in concrete 12” with four screws in the post a minimum of 3” above the bottom for anchoring.

5. Locate footing to permit centering of posts therein.

a. Set posts in true vertical position. Posts shall be set with their tops at the required elevation to provide a smooth profile at the top. Bottoms of posts shall be deformed or as indicated by the manufacturer so as to give anchorage in concrete.

6. Ropes, nets, and clambering loops shall be 16mm steel core Netform Rope, or approved equal.

a. Climbing net shall be affixed to a dig-in ground anchor, and the attachment point must be below safety surfacing.

b. Color of all rope, net, and clambering loops must be approved by Owner before purchase.

c. Clambering loops shall be spaced apart 1’ maximum. Bottom of clambering loop to grade height shall not exceed 5’. Clambering loops must be 10” maximum distance from access stump.

7. All fastening hardware shall be stainless steel material.

a. Structural Lag Screws shall penetrate logs at minimum 1/2 the diameter of the log.

b. All fasteners shall be embedded flush or below the surface of the log.

8. Climbing handholds are to be randomly arranged on the climber. Logs shall be ground flat where climbing handholds are to be mounted.

9. Playground surfacing shall consist of certified engineered wood fiber play chips.

a. Surfacing shall be installed at 12” depth and compacted to a minimum of 9” depth throughout the playground.

10. Affix manufacturer’s warning labels at visible locations as recommended by manufacturer.

L. Final Approval:

1. Final Audit – Natural Play Structure installation must meet all ASTM, safety guidelines, accessibility, performance specs and structural stability. Owner to perform a final site audit.

Awarded contractor is responsible for correcting any issues noted on the audit.

M. General Requirements:

Contractor shall comply with the following requirements:

1. Quality Assurance:

a. Entire playground structure and nature playground structures assembly shall conform to the current guidelines of the CPSC Handbook for Public Playground Safety, CPSCIA 2008 and

ASTM F1487.

b. Structure shall be tested in accordance with Section 12 of ASTM F1487.

2. Site Storage:

a. Tools and materials may be stored in the Price Park parking lot between construction hours.

3. Submittals:

a. All submittals, including cut-sheets and/or samples for all products must be submitted to the

County for approval prior to procurement.

4. Perform all work in complete accordance with all laws and regulations governing services not included herein.

5. Ensure any shutdown of service and/or utilities must have prior approval and be scheduled with the Facilities Foreman (FF), Senior Maintenance Technician (SMT), Senior Project Manager (SPM), or Associate County Engineer (ACE) as appropriate.

6. Ensure all work is scheduled at the convenience of the County as not to interfere with the County's conduct of business.

7. Obtain any necessary permits before work is started.

8. Work directly with Walworth County, as requested, to resolve any problems.

9. Comply with all manufacturers’ specifications and instructions concerning the installation of products and materials.

10. Agree that the County reserves the right to purchase any, and all parts required and provide the parts to the Contractor at time of service.

11. Transfer all warranties and guarantees for products and materials installed to Walworth County.

12. Work on the site shall be performed in a manner that will permit the existing park to operate continuously. Contractor shall take all necessary measures as directed by the County to ensure construction does not interfere, delay, or restrict the operations of the park. Contractor shall not isolate or restrict access to any portion of the site by his operations without permission of the County.

13. Provide all supervision, tools, labor, materials, and rental fees required to provide the services requested.

14. Comply with sealing and/or firestopping requirements to maintain rated assemblies.

a. The Contractor shall be responsible for sealing and/or firestopping of penetrations created from their performed work.

i. Sealing and/or firestopping products used must have a rating equivalent to the rating of the construction assembly at the penetration.

ii. Sealant used must be of a material that can be painted, where applicable.

N. Clean Up and Restoration:

Contractor shall comply with the following:

1. Be fully responsible for cleanup of all work sites, removal of all non-hazardous debris or material, and disposal of all debris in an acceptable manner, recycle waste in acceptable manner at the close of each workday.

a. Contractor shall not leave debris on County property, in County dumpsters, on or in any non- Contractor owned/leased dumpster (unless approved by the County), and shall not incinerate debris, dump waste by/in the streets or roadways.

2. Restore job site to original condition to the satisfaction of the County.

a. Contractor shall repair all surfaces, such as wall patching and painting, when required.

b. The Contractor shall repair all damage to new and existing equipment resulting from its work.

c. When the job is complete, the Contractor shall remove all tools, excess material and equipment, etc., from the site.

3. No item, material, or component shall be salvaged by the Contractor or any party without prior written approval of the County.

a. All equipment removed and/or replaced remains the Property of the County; salvage, removal, and/or disposal must be authorized by the FF or SMT.

4. The Contractor shall be responsible for protection of County facilities and grounds and for repair of any damages to same resulting from or caused by the Contractor or Contractor’s tools, equipment, vehicles, or other property controlled by Contractor.

5. At all times keep the work site and adjacent areas free from accumulation of waste material or rubbish.

6. After completion, all rubbish, tools and surplus materials shall be removed immediately from the work site and adjacent areas and properly disposed of.

O. Safety and Security:

Contractor shall comply with the following:

1. Assume complete liability for the safety of all Contractor employees and representatives/subcontractors while on County property or within County facilities.

2. Ensure employees report any safety hazards, evident misuse or damage to the equipment or environmental problems to the project manager.

3. The contractor shall comply with all County safety procedures including lock-out/ tag-out, hot work permitting, etc.

4. Maintain control of all Contractor owned equipment, tools, supplies, or other items necessary to perform the assigned work. Any of the same left at the work site remain the property of and responsibility of the Contractor.

5. Take responsibility for any equipment, tools or materials owned by the Contractor left on the job site. County does not take any responsibility for these items and their safety.

6. Shall supply its employees with the proper personal protective equipment and energy control devices as necessary, such as monitors, respirators, rescue retrieval systems, lock-out devices, tags, etc. The Contractor will not be allowed to utilize County owned equipment, except in an emergency or under pre-arranged conditions.

7. Coordinate lock-out/tag-out and confined space entry operations with the County and inform the County of the particular lock-out/tag-out and permit space programs that they will follow. Contractor must inform the County of any hazards confronted or created in permit spaces either through a debriefing or during the entry operations.

8. The County shall not be responsible for the security or safety of Contractor owned equipment, tools, supplies or other items necessary to perform work.

9. Department of Workforce Development (DWD) regulations. Note that permit space entry is allowed only through compliance with a permit space program meeting the requirements of OSHA 29CFR 1910.146.

10. Comply with all federal and state safety regulations including but not limited to Occupational Safety and Health Administration (OSHA), including Lock-out/Tag-out and Permit Required Confined Space rules and the

11. Assume full responsibility for damage to County property caused by Contractor's employees or equipment as determined by designated County personnel.

XVII. BONDING

1) BID SECURITY/BOND

1) Bid Bond payable to the County in the amount of no less than five percent (5%) of the total bid shall accompany each bid as a guarantee that if the bid is accepted, bidder will execute the proposed contract and file the required bonds (where applicable) within ten (10) days after being notified of the award of contract. Bid Bond must be issued by a company licensed to do business in the State of Wisconsin.

2) If successful bidder files contract and bond, Bid Bond will be returned. If successful bidder fails to file such Contract and Bond, Bid Bond shall be forfeited to Owner as liquidated damages.

3) All certified check deposits, except those of two (2) lowest bidders, will be returned to their makers within ten (10) days after bid opening. Check deposits of two (2) lowest bidders will be returned upon signing of Contract and furnishing of Bond by successful bidder.

4) Bids and Bid Security shall remain valid for a period of 60 days from date of bid opening.

2) CONTRACT BOND

1) Contractor shall deliver the required bonds to the County no later than three (3) days following contract execution.

2) Contractor shall execute a contract bond, in an amount at least equal to 100% of the full contract price, covering the faithful performance of the Contract and payment of all subcontractors and suppliers providing work and materials under this contract. Such bond is to be executed by a surety company acceptable to the Owner.

3) In the event the surety takes over the work under the contract, the surety shall be bound by all the provisions of the contract.

4) The premiums on all bonds shall be paid by the Contractor.

XVIII. EMERGENCY SERVICES

Walworth County reserves the right to solicit either the Contractor(s) under this agreement, non-contracted vendors, or a combination of both based on the nature of the emergency.

XIX. ADDITIONAL SERVICES

The County reserves the right to add, delete or acquire other types of service that the Contractor can provide that are similar to, but not specifically called for, in this bid. Additions or changes to goods or services must be agreed to in writing by all parties.

XX. NEW EQUIPMENT

Unless otherwise noted, all materials and equipment used shall be new and unused OEM repair parts and products that meet or exceed manufacturer’s quality requirements, unless prior written approval is given by the County. Parts, materials or equipment classified as demonstrators, prototype or discontinued, are not acceptable. All parts and equipment shall be the latest model offered and must be tried, proven, and in current use.

Remanufactured or rebuilt parts may be used only if new parts are not available and as approved by Walworth County. Rebuilt parts shall carry a minimum 90-day parts and labor warranty. Contractor shall furnish proof of parts warranty.

XXI. SUBCONTRACTING

Walworth County requires that any work performed be under the direct employ of the Contractor with the exception of when ancillary services are required.

All subcontractors shall be held to the same insurance provisions as noted herein. Additionally, the subcontractor shall comply with all requirements as stated in this specification.

Contractor will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract of any portion therein, or its right, title or interest in, to any person and/or Vendor(s) without the written consent of Walworth County. No subcontract shall, under any circumstances, relieve the contractor of liability and obligation under this contract. If Sub-Contractors are used, Walworth County will consider the awarded vendor to be the Prime Contractor and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such sub-Contractor arrangements. The prime contractor shall be fully responsible for the acts, errors and omissions of the subcontractor. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

In the event that a portion or portions of the contract are bid as subcontracted, the bidder shall provide a list of intended subcontractors with their bid. Walworth County shall be the sole judge in determining whether the subcontracted firm or firms, are qualified to provide the services as sought. Walworth County reserves the right to reject the bid if the subcontractors are determined to be unqualified or unacceptable. After a contract has been awarded, Contractor must obtain prior approval before using any subcontractors not previously identified in your bid.

When subcontractors are used in the performance of any of these services, licensed, skilled tradesmen must be utilized to assure quality workmanship.

XXII. EMPLOYEES

Contractor agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. Upon request, Contractor shall provide and maintain a current list of employees working at County facilities prior to commencement of work. A photocopy of employees’ driver’s license, or other acceptable identification, as verification for the list shall be made available to the County upon request.

County shall be entitled to request the removal of individuals working on any project for any of the following grounds, provided that such request be in writing and shall specify the reasons for the County’s dissatisfaction:

• Unsatisfactory performance that causes negative operational impact at the County or causes the County to commit additional resources to avoid operational impact;

• Dishonesty or belligerent conduct;

• Lack of compatibility with County staff; or

• Violation of County rules or policies.

Upon such written request, the County and Contractor shall decide on a course of action to cure any such problems, provided that there shall be no cure opportunity required for problems involving dishonesty or belligerent conduct or a violation of County rules or policies. In the event Contractor does not cure the problem within seven (7) days from the date of notice, Contractor shall remove such person and shall promptly provide a qualified replacement. The County will be liable for payment of services only up to the time of dismissal and only if services rendered meet the minimum requirements of the County. Contractor must comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for Contractor’s employee(s) while on Walworth County property.

If for any reason the individuals identified are no longer employed by the firm, or available from the subcontracted firm, the Contractor must notify the County within a reasonable time frame. Contractor is responsible for ensuring that any substitute personnel have comparable skills and experience. The County reserves the right to interview substitute personnel prior to commencement of activity on the project to confirm to County’s satisfaction equivalency of skills and experience.

If any of the Contractor’s employee appears to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on request of the County, and shall not again be re-employed except upon written consent of the County.

Employees shall be in a company uniform that clearly identifies the name of the company and employee name.

Uniforms shall be clean and neat in appearance. Employees are required to wear a company supplied photo ID badge. Badges must be clearly visible when worn.

XXIII. WORK HOURS

The Price Park hours of operation are sunrise to one hour after sunset.

The Contractor shall notify the County at least one week prior to starting work or his intention to do so. Once work on this project commences, the Contractor shall, on a weekday basis, continuously pursue completion of the work. The Contractor shall not suspend work for any reason other than conditions beyond his direct control.

Work operations, including daily start-up activities, shall be limited to the period from sunrise to one hour after sunset daily.

If, in the opinion of Walworth County, unusual circumstances dictate work outside of these hours is warranted due to an emergency condition or special circumstance, such authorization to extend the working hours beyond those stated herein shall be given in writing and, if authorized, shall be on a single incidence basis for a specific day.

Work on the site shall be performed in a manner that will permit the existing facility to operate continuously.

Contractor shall take all necessary measures as directed by the County to ensure construction does not interfere, delay, or restrict the operations of the park.

Contractor shall not isolate or restrict access to any portion of the site by his operations without permission of the County.

XXIV. WARRANTY

All labor, parts, materials, supplies used in the performance of this contract must be new and unused and, at a minimum, include a one (1) year warranty or the manufacturer’s standard warranty on items and/or parts purchased for use under this Contract whichever is greater.

WARRANTY WILL NOT COMMENCE UNTIL AFTER PRODUCT AND INSTALLATION SERVICES HAVE

BEEN INSPECTED AND ACCEPTED BY WALWORTH COUNTY.

The Contractor warrants that the services provided shall be performed by qualified and competent personnel in accordance with industry practice and the high standards of care and practice appropriate to the nature of the services rendered.

XXV. PRICING

Prices will be firm, not to exceed cost, inclusive of all costs. No additional costs will be allowed unless, during the project, something is discovered that could not have been reasonably known when developing the bid.

Price shall include delivery F.O.B. destination with freight and insurance. All costs shall be provided in U.S.

dollars. County will reject shipments sent C.O.D. or freight collect.

Pricing for services is to include all supervision as needed, all parts, equipment, and materials, start-up fees, labor, travel, mileage, and any other expenses needed to complete the services required.

XXVI. INVOICING

Contractors shall provide itemized invoices showing at a minimum the item description, quantity, item cost, and total cost. Contractors shall provide itemized invoices showing date of service and details of service performed.

Original invoice must be addressed to Walworth County Finance Department-Accounts Payable Division at 100 W. Walworth Street, P.O. Box 1001, Elkhorn, WI 53121, or apsupport@co.walworth.wi.us. Contractor is responsible for the completion of all recordkeeping and reporting requirements as appropriate for all items prior to payment.

XXVII. PAYMENT

Walworth County’s preference is to pay with a Visa credit card (P-Card). Bidder should indicate in Bid whether P-card will be accepted for payment. County will not use a P-Card for processing payments if Contractor charges credit card processing fees or sets minimum transaction limits. Payment will be made within forty-five

(45) calendar days after acceptance of goods/services and receipt of a properly documented invoice.

XXVIII. REJECTION

All goods provided and services performed by the Contractor or subcontractor are subject to acceptance by the County based on the conformity of the material and labor to these project specifications. In the event the Contractor or its subcontractor were to provide materials, and/or labor that does not conform to these project specifications and did not gain prior approval from the County, the material and/or labor will be subject to rejection. Rejected work or materials shall be replaced or redone at the expense of the Contractor.

XXIX. DEFICIENCIES

In the event that the County determines that there are deficiencies in the service work provided by the Contractor under the contract, the County shall notify the Contractor in writing as to the precise nature of any such deficiencies. Within ten (10) working days of receipt of such notice, Contractor shall take responsible steps to correct any deficiencies.

XXX. ACCEPTANCE

Acceptance is defined as the County’s approval after its authorized agent has confirmed that the deliverables meet the specified requirements. Acceptance will be determined prior to payment of invoices, or in writing if the goods/services require prepayment. Acceptance will be determined within five days after completion of installation.

XXXI. “PIGGYBACK” CLAUSE

Common purchasing practices in government include cooperative or "piggyback" purchasing among various units of government or municipalities. This contract will be extended, with the authorization of the Contractor, to other units of government or municipalities at the same prices and/or discounts and terms and conditions. If another unit of government or municipality decides to use this contract, the Contractor must deal directly with the respective unit of government or municipality concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment.