Request for

Proposal (RFP) for

Architectural/Engineering Design Services

Proposal #2018-02

Issued by:

Portage County Purchasing Department

Proposals must be submitted No later than 2 PM 2/14/18 to:

Portage County Purchasing

1462 Strongs Ave Stevens Point WI 54481

LATE PROPOSALS WILL BE REJECTED

There will not be a public opening for this Proposal

For further information regarding this RFP contact Calvin Winters

At (715) 346-1393 Email: winters@co.portage.wi.us

Issued: 1/17/2018

Table of Contents

1. General Information

1.1. Introduction

1.2. Definitions

1.3. Scope

1.4. Calendar of Events

1.5. Contract and Contract Term

2. Preparing and Submitting a Proposal

2.1. General Instructions

2.2. Incurring Costs

2.3. Submitting Proposals

2.4. Proposal Organization and Format

2.5. Multiple Proposals

2.6. Withdrawal of Proposals

3. Proposal Selection and Award Process

3.1. Evaluation Committee

3.2. Preliminary Evaluation

3.3. Rights to reject proposals

3.4. Proposal Scoring

3.5. Evaluation Criteria

3.6. Interviews/Presentations and/or Site Visits

3.7. Final Evaluation

3.8. Award and Final Offers

3.9. Notification of Intent to Award

3.10. Appeals Process

3.11. Negotiate Contract Terms

4. Requirements

4.1. Contract Requirements

5. Proposer Information and Solutions

5.1. Organization Capabilities

5.2. Staff Qualifications

5.3. Proposer Solutions (600 points broken down as indicated below)

5.4. Proposer References

6. Cost Proposal

Table of Contents

6.1. General Instructions for the Cost Proposal and how it will be Scored – 200 points

6.2. Format for Submitting Cost Proposal

6.3. Fixed Price Period

6.4. Contract Cancellation

Attachment A - Signature and Authority Affidavit Form Attachment B - References Attachment C - Designation of Confidential & Proprietary Information Form Attachment D - Standard Terms and Conditions Attachment E - Cost Proposal

Portage County Wisconsin RFP #2018-02

1. General Information

1.1. Introduction

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for architectural/engineering design services for Portage County. The County’s project consists of the construction of a new Government Facility building and the renovation of the current

Annex Building, County Courthouse/City Offices Building and all related site work. Services include architectural/engineering design, consulting promotion services and to represent the County’s interests during the concept validation, schematic design, design development, construction documents, bidding, construction, and close out phases. The new Government Facility building is to include court rooms, office space, holding cells for inmates and a secure port for the transport of inmates. The current courthouse building being renovated will house County office and conference room space.

The County of Portage, as represented by the Purchasing Department, intends to use the results of this

Request for Proposal (RFP) to award a contract for the above listed project. The contract administrator will be determined at the time of the contract award. Retain a copy of these proposal documents for your files.

Should you receive an award, these documents become your contract terms and conditions.

Contract Execution: Portage County utilizes a web based electronic signature program (DocuSign) for the execution of contracts that do not require notarization. By submitting your proposal, you are agreeing to the use of this program to sign documents should you receive an award. There is no cost to the proposer associated with this process.

1.2. Definitions

The following definitions are used throughout the RFP:

A/E means Architectural / Engineering.

County means the County of Portage Wisconsin.

Proposer/Vendor/Bidder means a company or individual submitting a proposal in response to this RFP.

Purchasing means the County of Portage Purchasing Department.

RFP means Request for Proposal.

Firm means the company for which the Architectural / Engineer works for.

OR (in all caps) means the Owner’s Representative which is ICS Consulting, Inc.

State means the State of Wisconsin.

VendorNet means the State of Wisconsin’s electronic purchasing information system.

1.3. Scope

1.3.1. Project Description

Portage County (“County”) is requesting proposals from Architectural / Engineering (A/E) Firms for the County’s anticipated building of a new Government Facility building and the renovation of the existing Annex Building and County Courthouse. The goal of the County is to receive the highest level of quality that aligns with its needs at the lowest reasonable price from an experienced and qualified firm.

1.3.2. Objective/Needs

The County is seeking an A/E Firm to represent the County in all aspects of the design from a qualified professional Architectural/Engineering firm to provide architectural /engineering design services, consulting, promotion services and to represent the County’s interests during the concept validation, schematic design, design development, construction documents, bidding, construction, and close out phases. The County’s project consists of the construction of a new Government Facility building and the renovation of the current Annex Building and County Courthouse/City offices building. The new Government Facility building is to include court rooms, office space, holding cells for inmates and a secure port for the transport of inmates. The current courthouse building being renovated will house County offices and conference room space.

1.3.3. Current Operations

The concept development for this project has been completed. This includes space needs analysis and preparation of conceptual floor plans and designs. These are only conceptual and the AE for this project will validate this concept with the help of the Owner’s Representative (ICS Consulting, Inc.)

prior to preceding to the schematic design phase.

1.3.4. Clarifications and/or Revisions to this RFP

Portage County Purchasing and ICS Consulting, Inc. are the sole points of contact for the County during the selection process. When contacting with questions regarding this process, both the County and ICS must be included on the email. Contact with anyone else involved with this process without the prior authorization of Purchasing may result in the disqualification of your proposal.

Proposers are expected to raise any questions, noted errors, discrepancies, ambiguities, exceptions, additions or deficiencies they have concerning this proposal in writing through email by end of day on 2/1/2018 to:

Calvin Winters, Purchasing, Email: wintersc@co.portage.wi.us Bob Prell, ICS Consulting, Email: BobP@ics-consult.com

If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this proposal after the above date, they shall immediately notify the above named individual of such error and request modification or clarification of the proposal document before the proposal opening date.

If the proposer fails to notify the County prior to the proposal due date of any condition stated above that reasonably should have been known to the proposer, and if a contract is awarded to that proposer, the proposer shall not be entitled to additional compensation or time by reason of the error or its correction.

Revisions to this request for proposal or answers to questions will be made only by an official written addendum issued by Purchasing. Addenda will be posted on VendorNet and on the Portage County Website.

Proposers are responsible for checking these websites for any addenda before submitting a proposal. Failure to acknowledge addenda may disqualify your proposal.

https://vendornet.wi.gov http://www.co.portage.wi.us

1.4. Calendar of Events

Listed below are specific and estimated dates and times of actions related to this Request for Proposal. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times, it will do so by issuing addenda to this RFP. There may or may not be a formal notification issued for changes of the estimated mailto:wintersc@co.portage.wi.us mailto:BobP@ics-consult.com http://www.co.portage.wi.us/ dates and times.

DATE EVENT

1/17/2018 RFP Issuance date

2/1/2018 Last day for submitting written questions

2/2/2018 Addenda posted to https://vendornet.wi.gov/ and http://www.co.portage.wi.us

2/14/2018 Proposals due at or before 2:00 p.m.

Week of 3/5/2018 Interviews/Presentations (estimated date if needed)

3/12/2018 Notification of intent to award sent to proposers (estimated)

3/21/2018 Contract award (estimated)

4/1/2018 Contract start date (estimated)

1.5. Contract and Contract Term

The agreement between the Firm and Portage County shall be AIA Document B101 – 2017, Standard Form of Agreement Between Owner and Architect.

The contract shall be effective on the date indicated on the contract and shall continue until the completion of the building and renovation projects, subject to the termination clause in section.

2. Preparing and Submitting a Proposal

2.1. General Instructions

The evaluation and selection of an Architectural / Engineering Design Firm will be based on the information submitted in the proposal plus references and any required on-site visits, interviews/presentations or demonstrations. Proposers should respond clearly and completely to all requirements. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal.

Elaborate proposals (e.g. expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired. The County encourages all proposers to print their submission double-sided to save paper.

2.2. Incurring Costs

The County is not liable for any cost incurred by proposers in replying to this RFP.

2.3. Submitting Proposals

Proposers must submit, in a sealed package, One Original (identify) PLUS 5 identical copies of all materials required for acceptance of their proposal on or before 2:00 p.m., 2/13/2018 to:

Portage County Purchasing

1462 Strongs Ave

Stevens Point, WI 54481

All proposals must be received by the Purchasing Department by the stated time. Late proposals will not be accepted. Receipt of the proposal by the U.S. mail system does not constitute receipt of the proposal by https://vendornet.wi.gov/ http://www.co.portage.wi.us/

Purchasing.

The County does not accept facsimile machine or email submitted proposals. All proposals must be packaged, sealed, and show the following information on the outside of the package:

Proposer's Name and Address

Request for Proposal Title

Request for Proposal Number

Proposal Due Date

COST PROPOSAL: Submit Original plus one (1) identical copy Attachment E. Seal in an envelope and submit within the proposal package. The outside of the envelope should clearly state “Cost Proposal” and the name of proposer.

2.4. Proposal Organization and Format

Proposal should be typed and submitted on 8.5 by 11-inch paper and bound securely with page numbers clearly indicated. Proposers responding to this RFP must comply with the following format requirements:

Tab 1 - COVER LETTER, RFP SIGNATURE PAGES: Include here any cover letter, Attachment A - RFP Signature and Authority Affidavit Form, any addenda signature pages, and Attachment C - Designation of Confidential

& Proprietary Information Form.

The Signature and Authority Affidavit submitted in response to this RFP must be signed by the person in the

Proposer's organization who is responsible for the decision as to the prices being offered or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices and services. Failure to provide this forms/information with your bid submittal may disqualify your proposal.

Tab 2 - RESPONSE TO PROPOSER INFORMATION AND SOLUTIONS: Responses to the requirements in the proposer information and solutions must be in the same sequence and numbered as they appear in this RFP.

Include here completed Attachment B--References.

Separate Envelope - COST PROPOSAL—ATTACHMENT F: Provide cost information as detailed in Section 6 in this RFP. All costs, as requested, for furnishing the product(s) and/or service(s) must be included in this proposal. The cost proposal must NOT be listed in any other part of the proposal response.

2.5. Multiple Proposals

Multiple proposals from a proposer will be permissible; however, each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as

Proposal #1, Proposal #2, etc. on each page included in the response

2.6. Withdrawal of Proposals

Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal, in writing, at any time up to the proposal due date and time or upon expiration of 180 days after the due date and time. The written withdrawal notice must be received by Purchasing. The notice must be signed by an authorized representative of the proposer. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal due date and time.

3. Proposal Selection and Award Process

3.1. Evaluation Committee

The County’s evaluation committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or product(s) that are the subject of this RFP. Proposers may not contact members of the evaluation committee except at the request of the Purchasing Department.

3.2. Preliminary Evaluation

The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in the proposal being rejected. In the event that all proposers do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals that most closely meet the mandatory requirements of this RFP.

3.3. Rights to reject proposals

The County reserves the right to reject any and all proposals in full and/or in part, waive any informalities, issue subsequent RFPs, cancel the entire RFP, remedy technical errors in the RFP process, and seek assistance in the evaluation process.

3.4. Proposal Scoring

Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. The committee may review references, request interviews/presentations, conduct demonstrations and/or conduct on-site visits. The resulting information will be used to score the proposals. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.

3.5. Evaluation Criteria

The proposals will be scored using the following criteria:

Description Points

Organization Capabilities 100

Staff Qualifications 100

Proposer Solutions 600

Cost Proposal 200

Total 1000

3.6. Interviews/Presentations and/or Site Visits

Top-scoring proposers, based on the evaluation of the written proposal, may be required to have interviews/presentations to support and clarify their proposals, if requested by the County. The County will make every reasonable attempt to schedule the interview/presentation on the date specified in the

Calendar of Events. Failure of a proposer to complete a scheduled interview/presentation to the County may result in rejection of that proposer's proposal. The County may conduct site visits of proposer and/or references’ facilities to clarify or confirm proposal information.

3.7. Final Evaluation

Upon completion of any interviews/presentations and/or demonstrations by proposers, the County's evaluation team will review their evaluations and make adjustments to the scores based on the information obtained in the interview/presentation, demonstration, possible reference checks, and any other pertinent proposer information.

3.8. Award and Final Offers

Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer after the original evaluation process is complete. Alternatively, the highest proposer or proposers may be requested to submit best and final offers. If the County requests best and final offers, they will be evaluated against the stated criteria, scored, and ranked by the evaluation committee. The award will then be granted to the highest scoring proposer following that process. However, a proposer should not expect that the County will request a best and final offer.

3.9. Notification of Intent to Award

All proposers who respond to this RFP will be notified in writing of the County's intent to award the contract(s) as a result of this RFP.

3.10. Appeals Process

Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify Wisconsin Statutes or Portage County Ordinance provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with Calvin Winters, Procurement Director, Portage County Wisconsin, 1462 Strongs Ave, Stevens Point, WI 54481, and received in his office no later than five (5) working days after the notice of intent to award is issued.

The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued.

The decision of the Procurement Director may be appealed to the Corporation Counsel Office within (5) working days of issuance. The appeal must allege a violation of a Wisconsin Statute or a Portage County

Ordinance provision.

3.11. Negotiate Contract Terms

The County reserves the right to negotiate the terms of the contract, including the award amount, and/or refinement of the scope or work, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

4. Requirements

4.1. Contract Requirements

The awarded A/E Firm needs to demonstrate their experience in dealing with moderate and complex governmental projects. The A/E Firm is expected to fulfill the following contract requirements.

4.1.1. Validation of completed Concept Documents:

The concept development for this project has been completed. This includes space needs analysis and preparation of conceptual floor plans and designs. These are only conceptual and the A/E for this project will validate this concept with the help of the OR prior to preceding to the schematic design phase. Validation will likely include several meetings with user groups and other committees.

4.1.2. Schematic Design:

Complete necessary site surveys. CAD files are not available.

Complete code study.

Review existing work, reports and studies completed to date.

Evaluate and locate future possible expansion for a new County Jail.

Evaluate primary building materials and develop options to stay within the project budget.

Prepare a schematic design for the Project.

Evaluate different building systems relative to long-term operational costs and life cycle costs such as LED lighting, heating and cooling systems, etc.

Coordinate with the County Consultants, OR, staff and administration.

Coordinate public input including County Board update(s)

Complete Schematic Design Documents for review and approval that meets the intended design, schedule and budget.

4.1.3. Design Development:

Based on reviewed and approved Schematic Design, prepare detail design documents (drawings and other documents) that include:

Plans, sections, elevations, typical construction details Diagrams or layouts of building systems along with efficiency calculations Establishment of the architectural, structural, mechanical and electrical systems Specifications that outline types and quality of materials and systems types Review and confirm that the current ADA rules and code requirements are incorporated into the new and renovated building and site plans Take into consideration the possibility of the future expansion

Meet with the Staff, Consultants, OR, and Committees to review preliminary and final design

Work with the OR to provide an evaluation of utilizing comprehensive bid packages based on the project schedule, budget, and available resources.

Coordinate public input including County Board update

Complete Design Development Documents for review and approval that meets the intent of the design, schedule and budget

4.1.4. Construction Documents:

Based on the County’s review and approval of the Final Design, prepare construction documents consisting of Drawings and Specifications to be used for public bidding. The bidding documents shall be coordinated with and include work from other consultants hired by the County such as the geotechnical and site civil. To achieve the project goals, “bid packages” may be utilized with different project schedules.

4.1.5. Public Bidding

Following the approval of the Construction Documents, the Architect shall assist the County, OR and their Consultants in obtaining competitive bids, confirming responsiveness of bids, determining the successful bid, recommending for contract award to the County Board and preparing contracts for construction.

Construction Schedule In consultation with all parties, the Architect/Engineering Firm will give input to the construction schedule that meets the needs of the County for inclusion in the contract documents.

Develop Contractor and Supplier Interest The A /E will assist the OR in identifying potential contractors and suppliers and develop their interest in bidding the project to ensure a competitive bidding environment. The OR will investigate potential bidders and suppliers to determine their ability to meet project requirements.

Establish Bidding Procedures The A/E will assist the OR and the Procurement Director in establishing and implementing procedures for the bidding process including the distribution of bid documents, the issuance of addenda, the holding of pre-bid conferences, the receipt of bids and the bidding schedule.

Distribute Bid Documents The A /E will assist the OR, and at the request of the Procurement Director, with the distribution of all bid documents to contractors and maintain accurate records of distribution activities.

Conduct Pre-Bid Conferences The A /E, in consultation with the County and the OR, will assist in scheduling, organizing, and conducting pre-bid conferences in a manner consistent with the bid schedule.

Evaluate Bids The A /E, in consultation with the County and the OR, will assist in evaluating all bids.

Prepare Construction Contracts The A /E, in consultation with the County, the County’s Procurement Director, the County’s

Corporation Counsel, and the OR, will assist in the preparation and coordination of all construction contract documents.

The Architect shall consider requests for substitution and, following review with the County and OR, prepare and distribute addenda identifying approved substitutions to all prospective bidders.

4.1.6. Construction Phase:

Meetings/Pre-Construction Conferences The A / E, in consultation with the OR, County, and General Contractor, will organize and conduct all meetings with contractors, consultants, and the County. The meetings shall include a review of project management, project schedule, and project procedures.

Process Construction Documents The A / E, in consultation with the OR, will establish and implement procedures for processing and approving shop drawings, product data, samples, and other submittals from the contractors (e.g. including contracts, specifications, schedules, correspondence, meeting minutes, catalog data, directives, change orders, etc.). In addition, the OR will coordinate the processing and approval of all submittals with the Architect. The OR will establish and maintain a submittal log to ensure contractor compliance with the contract documents.

Project Coordination

The A / E will assist the OR in providing administration, management and related services necessary to coordinate the construction activities of the contractors with each other and with those of the County.

Monitor Construction Progress The A /E will assist the OR in observing construction progress and report deviations from the schedule that might delay Project completion. The A E will assist the OR with consulting with contractors to develop and implement corrective actions necessary to meet the project schedule.

Control Construction Quality The A E will assist the OR to monitor and inspect all work in progress to ensure the quality of the work and compliance with the contract documents. The A/E will coordinate with the OR to document and report all deficiencies and make recommendations for corrective actions.

Process Applications for Payment The OR, in accordance with the Architect, will develop and implement a procedure for the review and processing of contractor payment applications.

Project Meetings The A/E will participate in meetings with the OR and, in consultation with the County and applicable parties, conduct meetings as necessary at the job site to discuss job progress, problem resolution, and decision making. The OR will prepare and distribute accurate meeting minutes in a timely manner.

Process Change Orders The OR, in consultation with the County Procurement Director and the Architect, will develop and implement a system for review and processing of change orders.

Coordinate Inspections and Testing The OR, in consultation with the County and the Architect, will coordinate the selection of independent inspection and testing agencies, review inspection and testing reports, and make recommendations regarding the results of inspections and testing activities.

Quality Control The Architect shall keep the OR and County reasonably informed about the progress and quality of the portion of the work completed and report to the OR and County (1) any known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) any defects and deficiencies observed in the work.

4.1.7. Close – Out Phase:

Develop Close-Out Program The OR, in consultation with the County and the Architect, will develop a detailed program of close-out activities in compliance with the contract documents. The program will include a close-out schedule, inspections, testing, start-up procedures, warranty processing, and occupancy.

Verify Substantial and Final Inspections The OR, in consultation with the Architect, will verify substantial completion and final inspections. The OR will assist the Architect and the County in the preparation of a list of deficiencies (punch list) and will coordinate all correction action by contractors.

Coordinate Construction Close-Out The A /E will assist the OR to coordinate close-out activities including the completion of deficiencies, submittal of close-out documents, resolution of change orders and recommendations for payment of retainage.

Certificates

The A/E, upon completion of the Project, will be responsible for certifying that, to the best of his professional knowledge, the building conforms to the approved plans, specifications and shop drawings.

4.1.8. Subcontractors

The Contractor shall be responsible for Contract performance when subcontractors are used.

However, when subcontractors are used, they must abide by all terms and conditions of the Contract. If subcontractors are to be used, the Contractor must notify the County and OR prior to subcontractor work. Firm must clearly explain their participation. The County must approve of all subcontractors prior to subcontractor work.

4.1.9. Insurance Requirements

The Firm shall carry at its sole expense and provide evidence of insurance coverage listed below to protect itself and the County from and against liability, loss, damage, expense, cost (including without limitation to litigation and court costs and attorneys’ fees) arising out of or in connection with the performance of any work performed in accordance with the specifications of any related documents, whether such work is performed by the Firm or any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

Coverage must be written with insurance companies licensed in the state of Wisconsin and shall have at least and A- rating by A.M. Best & Company. All policies shall provide a thirty (30) day advance notice of cancellation to the County.

Workers Compensation: Coverage A: Statutory Coverage B:

Employers Liability:

Bodily injury by accident $100,000 per person Bodily injury by disease $100,000 per person Bodily injury by disease $500,000 aggregate All states and voluntary compensation endorsements

Commercial General Liability Limits of Liability: $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 products/completed operations aggregate

Auto Liability Limits of Liability: $1,000,000 each accident

Excess (Umbrella) Liability:

The requirement that an Umbrella Policy shall be no less than $1,000,000.

Professional Liability:

$2,000,000 each occurrence

Coverage:

The County shall be named as an additional insured.

Certificates of insurance shall be presented to the Purchasing Department for approval before the successful Firm, its agents and/or employees commence any work whatsoever pursuant to the contract.

5. Proposer Information and Solutions Submit response under Tab 2 of proposal - see section 2.4 for proposal submittal format.

5.1. Organization Capabilities

Describe the organization/company's experience and capabilities providing similar services to those required. Be specific and detail no more than three projects/contracts: description of work, dates, locations, challenges and results. (100 Points)

5.2. Staff Qualifications

Provide a list of all individuals, including consultants, to be involved in the project and a brief description of their role and qualifications. Please indicate how this design team will be managed and identify the main contact person at the firm. Provide a synopsis describing the educational and work experience for each of the key staff who will be assigned to the project/program. (100 Points)

5.3. Proposer Solutions (600 points broken down as indicated below)

5.3.1. Describe your experience in providing Architectural Engineering Services to a government organization for large scale building and renovation projects. (100 points)

5.3.2. Detail your firm’s understanding of the challenges and barriers for a project like this and proposed approach to overcoming these barriers. (75 points)

5.3.3. Identify potential risk factors and methods for dealing with these factors. (50 points)

5.3.4. Program delivery – estimated work plan and timetable. Outline the tasks your firm proposes to accomplish throughout the life of the contract. Provide an estimated schedule and timeline for each task. (50 points)

5.3.5. Detail how you will exceed proposal requirements. (50 points)

5.3.6. Describe value-added solutions (50 points)

5.3.7. Outline the process the firm will use in each of the aforementioned three (3) Phases in the Scope of

Services section. Please provide evidence of ability to work within tight time constraints and contentious situations. (100 points)

5.3.8. Provide an assurance of the level of detail included in the plans and specifications, as well as your ability to work cooperatively with a Representative that is not directly hired or paid by your firm.

(100 points)

5.3.9. All things considered, summarize why you believe the County of Portage should retain your firm to perform this project. (25 points)

5.4. Proposer References

Submit response using Attachment B References under Tab 2 of proposal – see section 2.4 for proposal submittal format.

Proposer must supply references of three firms to which similar products/service have been provided within the past five years to a comparable sized institution or company. If contacted, all references must verify that a high level of satisfaction was provided.

6. Cost Proposal

6.1. General Instructions for the Cost Proposal and how it will be Scored – 200 points

All prices must be quoted in U.S. Dollars.

Purchasing will score the cost proposals by prorating with the lowest cost proposal given the highest score.

The formula is as follows: Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This number is then multiplied by the number of points given to the cost section of the RFP, resulting in the cost proposal score.

Lowest Cost Proposed

Constant _ X Maximum Points Assigned to Cost = Score

Other Proposed Cost

6.2. Format for Submitting Cost Proposal

Use Attachment E Cost Proposal. Submit one marked original plus one copy. Seal in an envelope and submit within the proposal package. The outside of the envelope should clearly state “Cost Proposal” and the name of proposer.

6.3. Fixed Price Period

The awarded contractor must hold the accepted prices and/or costs for the entire contract period. Any adjustment to prices and/or costs at the beginning of a contract renewal period will be negotiated between the County and the Contractor.

6.4. Contract Cancellation

This contract may be terminated by either party under the following conditions:

The County may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the firm.

If the problem is service performance, firm will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. The firm will be given a period of time to ‘cure’ the performance. If the performance does not improve, firm will be given 30 days written notice that the contract will be cancelled.

Upon termination, the County’s liability will be limited to the pro rata cost of the services performed as of the date of termination.

In the event the firm terminates the contract, for any reason whatsoever, it will require written certified letter notification delivered to the Purchasing Department not less than 60 days prior to said termination. The firm will, in turn, refund the County, within 30 days of said termination, all payments made hereunder by the County to the firm for work not completed.

If at any time the firm’s performance threatens the health and/or safety of the County or the public, the

County has the right to cancel and terminate the contract without notice.

If the firm fails to maintain and keep in force the insurance as required, the County has the right to cancel and terminate the contract without notice.

ATTACHMENT A

SIGNATURE AND AUTHORITY AFFIDAVIT FORM

PROPOSING COMPANY NAME: _________________________________________________________

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship)

Address: __________________________________________________________________________

City _____________________________ State ________ Zip + 4 _______________________

Number of years in Business _______

Name the person to contact for questions concerning this proposal.

Name ___________________________ Title ______________________________

Phone ( ) _______________________ Toll Free Phone ( ) __________________________

Fax ( ) _______________________ Email Address ___________________________

In signing this proposal, we also 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 proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, having familiarized themselves with the conditions affecting the cost of the work, having read completely the requirements, hereby proposes to perform everything required and to provide and furnish labor, materials, equipment, tools and all other services and supplies necessary to produce in a complete and workmanlike manner all of the materials or products described in the project relating to this proposal.

I further certify that I have carefully examined the proposal documents and all terms herein, and site where the work is to be done and have no agreements to prevent the completion of said work.

Signature Title

Name (type or print) Date

This firm herby acknowledges receipt / review of the following addendum(s) (If any)

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

ATTACHMENT B

REFERENCES

Proposer: _______________________________________________________________________

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document. Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate page.

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) Used and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) Used and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) Used and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) Used and/or Service(s) Provided: ____________________________________________________

ATTACHMENT C

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to 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

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED 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 COUNTY'S AGREEING TO WITHHOLD THE

MATERIALS.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The County considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name ______________________________________________

Authorized Representative ______________________________________________ Signature

Authorized Representative ________________________________________________ Type or Print

Date ___________________________________________

ATTACHMENT D

STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired, unless otherwise specified. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish an acceptable equivalency. The County shall be the sole and final judge of equivalency.

2.0 HOW TO AMEND A REQUEST FOR BID, PROPOSAL OR QUOTE:

2.1 Public Works Projects are subject to Wis Stats 66.0901(5): If a person submits a bid or proposal for the performance of public work under any public contract to be let by a municipality and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder may not bid upon the public contract unless it is re-advertised and relet upon the re-advertisement. If a bidder makes an error, omission or mistake and discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality clear and satisfactory evidence of the mistake, omission or error and that it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans or specifications and in conforming with the provisions of this section. If the discovery and notice of a mistake, omission or error causes a forfeiture, the bidder may not recover the moneys or certified check forfeited as liquidated damages unless it is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

2.2 Non-Public Work Projects: After a Request for Bid/Proposal/Quote has been filed with the Portage County Purchasing

Department, the responder may submit an amended response BEFORE THE DUE DATE AND TIME set in the request. All the conditions and provisions of the original Bid/Proposal/Quote will be in effect. No submittals or amendments will be accepted after the due date and time of the request. This does not preclude the County from requesting additional information and/or clarification.

3.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

4.0 QUALITY: Unless otherwise indicated in the request, all material shall be new, newest model year, and free from defects. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the County.

5.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

6.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

7.0 PRICING AND DISCOUNT: The County qualifies for governmental discounts. Unit prices shall reflect these discounts.

7.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price; the unit price shall govern in the bid/proposal evaluation.

7.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions.

8.0 RESPONSES TO REMAIN OPEN: Responses must remain open and will be deemed to be open and subject to acceptance until awarding of the bid/proposal is finalized, or a minimum of sixty (60) days unless otherwise specified.

9.0 ACCEPTANCE-REJECTION: The County reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, request clarification of any bid/proposal, award a bid/proposal that is not the lowest price, and to accept any part of a bid/proposal as deemed to be in the best interests of the County.

10.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary.

Excess costs shall include the administrative costs and other costs attributable to the delay.

11.0 CONTRACT AND EXECUTION OF CONTRACT: Unless otherwise specified in the bid/proposal, the successful responder agrees to enter into a contract, a copy of which will be on file in the office of the Portage County Purchasing Department. Contractor shall and will well and truly execute and perform this contract under the terms applicable to the satisfaction of the County, and shall promptly make payment to each and every person or party entitled thereto of all the claims for work or labor performed and materials furnished in the performance of this contract.

12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County.

13.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The County reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The County also reserves the right to cancel this contract with any state or federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

14.0 LICENSES AND PERMITS: Contractor shall have and/or provide any and all licenses and permits required to perform the work specified and furnish proof of such licensing authorization and permits with their bids if required.

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the County.

16.0 NONEXCLUSIVE CONTRACT: Unless otherwise stated, the County reserves the right to purchase work or materials outside of this contract.

17.0 NONDISCRIMINATION & AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s.

111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

18.0 INDEPENDENT CAPACITY: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the…