2021-07 RFP Geogrid Documents.pdf

Portage County Wisconsin RFP #2021-07

Request for

Proposal (RFP) for

Geogrid

Asphalt Pavement Design Alternatives

Proposal #2021-07

Issued by:

Portage County Purchasing Department

Proposals must be submitted No later than 2:00 PM 03/02/2021 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 Chris Schultz

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

Issued: 02/09/2021

1. General Information

Introduction

Definitions

Scope

Clarifications and/or Revisions to this RFP

Contract Term-

Calendar of Events

2. Preparing and Submitting a Proposal

General Instructions

Incurring Costs

Submitting Proposals

Proposal Organization and Format

Multiple Proposals

Withdrawal of Proposals

3. Proposal Selection and Award Process

Evaluation Committee

Preliminary Evaluation

Right to reject proposals

Award and Final Offers

Notification of Intent to Award

Appeals Process

Negotiate Contract Terms

4. Requirements

Mandatory Requirements-None required at this time

Contract Requirements

5. Proposer Recommendations & References

Recommendations

Proposer References

6. Cost Proposal

General Instructions for the Cost Proposal

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 – Soil Boring Map and Subsurface Boring Logs

1. General Information

Introduction The Portage County Highway Department (County) will be reconstructing CTH G from CTH M to CTH P in the Town of Carson in the summer of 2021. The County is interested in obtaining proposals and alternatives for various pavement sections including Geogrids to stabilize and reinforce the existing subgrade.

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. Retain a copy of these proposal documents for your files. Should you receive an award, these documents become your contract terms and conditions. The contract resulting from this RFP will be administered by the Portage County Highway Department.

Definitions 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.

Definitions:

The following definitions are used throughout the RFP:

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.

State means the State of Wisconsin.

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

Scope

1.3.1. Project Description

The total length of the reconstruction of CTH G is 24,580 LF from CTH M to the CTH P. The County does not intend on changing the final profile elevation, so the selected cross section will require the proposed depth to be removed prior to building the proposed section. The overall pavement section will include 4” Hot Mixed Asphalt. Overall width of the roadway will be 24’ paved roadway with 3’ CABC shoulders (30’ total roadway width).

The Proposer should assume the required width of the Geogrid to be 35’ and should account for the required lap lengths of the proposed geogrid to obtain the overall required width. Final cost will be determined using the area provided in Section 4.

1.3.2. Soil Borings

There were 5 Soil Borings taken in April 2020. Copies of borings logs and the map showing the locations is in Attachment E. These borings should be the reference material used to determine the existing subgrade of CTH G.

1.3.3. Delivery

Selected product must be available for delivery by May 15, 2021. Delivery location will be to the Portage County Highway Dept, 800 Plover Road, Plover, WI. Product must be delivered in a neat and orderly fashion placed on a trailer or flatbed truck that allows the material to be unloaded with forks.

The manufacturer’s certified report of test or analysis that shows the geotextile delivered conforms to the specified test provided in the proposal shall be delivered along with the geotextile. The delivered geotextile must be marked to clearly identify it with the applicable test report.

Clarifications and/or Revisions to this RFP Portage County Purchasing is the sole point of contact for the County during the selection process. 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 9/29/2020 to: Chris Schultz, Procurement Director, Email:

schultzc@co.portage.wi.us

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

Contract Term- The contract shall be effective on the date indicated on the contract and shall continue to 12/31/2021. By mutual agreement of the agency and the contractor, the contract may be renewed up to Three (3) additional one-year periods.

http://www.co.portage.wi.us/

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 dates and times.

DATE EVENT

02/09/2021 RFP Issuance date 02/18/2021 Last day for submitting written questions 02/22/2021 Addenda posted to https://vendornet.wi.gov/ and http://www.co.portage.wi.us (estimated) 03/02/2021 Proposals due at or before 2:00 p.m.

03/15/2021 Notification of intent to award sent to proposers (estimated) 04/01/2021 Contract award (estimated) 5/15/2021 Delivery of selected product

2. Preparing and Submitting a Proposal

General Instructions The proposal shall include the recommended geogrid brand, type, and corresponding base thickness. The proposer should also include the various Strength / Index Property units (CBR, R-value, AASTHO layer coefficient) illustrating the existing conditions with no reinforcement and how the proposed section provides increased subgrade stability and reinforcement. Comparisons of multiple options and different geogrid sections are encouraged to be shown with cost proposals. Final recommended section should be identified through Value Engineering.

For each identified Geogrid, the corresponding ASTM Test Results shall be provided and included in the proposal.

The evaluation and selection of a supplier will be based on the information submitted in the proposal plus references. Evaluation of the proposed products will consider all costs associated with excavation, other required materials and any other costs associated with obtaining the final proposed cross section.

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.

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

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

Submitting Proposals Proposers must submit, in a sealed package, One Original (identify) PLUS 2 identical copies of all materials required for acceptance of their proposal on or before 2:00 p.m., 03/02/2021 to:

Portage County Purchasing 1462 Strongs Ave Stevens Point, WI 54481

In addition, include one electronic copy on a USB Flash Drive. 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 Purchasing.

ITEM OF NOTE: Due to COVID-19, County Offices are closed at this time. If you intend to physically drop off your bid to the above address, please call or email Chris Schultz during business hours and days (8am-4pm) for an appointment. Please do so with 24-hour advanced notice at 715-346-1393 or schultzc@co.portage.wi.us

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

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 these forms/information with your bid submittal may disqualify your proposal.

Tab 2 – RECOMMENDATIONS & COST PROPOSAL: Describe Proposer recommendations using 5.1 as a guide. Then include the list of references in Attachment B. Finally include the cost of geotextile in the Unit of SY using 6.1 as a guide. This unit cost shall include the cost of the geogrid, any required testing, and the delivery to the County facility. Do not include anticipated cost of the CABC in proposal.

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

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

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.

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.

Right to reject proposals The County reserves the right to reject any and all proposals.

Award and Final Offers Awards will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. Alternatively, the highest proposer or proposers may be requested to submit final offers. If final offers are requested, they will be evaluated against the stated criteria, scored and ranked.

Award will then be granted to the most cost effective proposer.

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.

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 Chris Schultz, 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.

Negotiate Contract Terms The County reserves the right to negotiate the terms of the contract, including the award amount, 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

Mandatory Requirements-None required at this time

Contract Requirements

4.2.1. Contractors-The awarded proposer will need to complete all tasks associated with delivering the project including the geogrid design and product per the proposal requirements.

4.2.2. Subcontractors-All subcontracting shall listed in the proposal and must be pre-approved upon award by the County before any work begins. Subcontractors must abide by all terms, conditions, and specifications of the contract. The consultant shall be responsible for all subcontractor(s) work and payment.

5. Proposer Recommendations & References Submit response under Tab 2 of proposal - see section 2.4 for proposal submittal format.

Recommendations The proposal shall include the recommended geogrid brand, type, and corresponding base thickness. The proposer should also include the various Strength / Index Property units (CBR, R-value, AASTHO layer coefficient) illustrating the existing conditions with no reinforcement and how the proposed section provides increased subgrade stability and reinforcement. Comparisons of multiple options and different geogrid sections are encouraged to be shown with cost proposals. Final recommended section should be identified through Value Engineering.

For each identified Geogrid, the corresponding ASTM Test Results shall be provided and included in the proposal.

Proposer References Proposer must supply references of at least 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 of those references must verify that a high level of satisfaction was provided.

6. Cost Proposal Submit response under Tab 2 of proposal - see section 2.4 for proposal submittal format.

General Instructions for the Cost Proposal All prices must be quoted in U.S. Dollars. Quantity of Geogrid required shall be 95,600 SY. This is based on 35ft roadway width multiplied by the project length of 24,580 ft (rounded up to nearest 100 SY). This quantity does not include the products required lap length necessary to obtain the project’s area.

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 capacity of an independent contractor and not as an officer, employee, or agent of the County.

The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the County.

19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the County must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

20.0 WARRANTY: Unless otherwise specifically stated, equipment purchased as a result of this request shall be warranted against defects by the Contractor for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Contractor.

21.0 INSURANCE RESPONSIBILITY: If insurance is required, satisfactory proof of the existence and carriage of such insurance of the kinds and limits specified will be required.

22.0 CANCELLATION: The County reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

23.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Portage County tax liability may have their payments offset by the County.

24.0 OPEN RECORDS: Both parties understand that the County is bound by the Wisconsin Public Records Law, and as such, responses and contracts are subject to and conditioned on the provisions of the law. Contractor acknowledges that it is obligated to assist the County in retaining and producing records that are subject to Wisconsin Public Records Law, and that the failure to do so shall constitute a material breach of the contract, and that the Contractor must defend and hold the County harmless from liability under that law. Except as otherwise authorized, those records shall be maintained for a period of seven (7) years after receipt of final payment under the contract.

25.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, the Contractor shall provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

26.0 ADVERTISING AND NEWS RELEASES: Reference to or use of the County, any of its departments, officials, or employees, for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the County. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the County.

27.0 HOLD HARMLESS: The Contractor will indemnify, pay the cost of defense including attorney’s fees, and save harmless the County and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

28.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this contract is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority.

Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

29.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this contract in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

ATTACHMENT E

Boring Locations