2021-13 Polymer Overlay Bid Document.pdf

Request for Bid (RFB)

For

Polymer Overlay for Bridge Decks

Bid #2021-13

Issued by:

Portage County Purchasing Department

All required bid documents/copies must be submitted No later than 2 PM 3/23/2021 to:

Portage County Purchasing

1462 Strongs Ave Stevens Point WI 54481

LATE BIDS WILL BE REJECTED

There will be a public opening for this Bid

For further information regarding this RFB contact Chris Schultz

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

Issued: 3/2/2021

Portage County Bid #2021-13 Wisconsin Page 2 of 19

Table of Contents

Section Subject Page #

1. General Information and Scope

2. Contract term

3. Questions

4. Method of Bid

5. Bid Submission

6. Bid Response Requirements

7. Method of Award

8. Bidder/Contractor Qualifications

9. Specifications

10. On-Site Service

11. Samples/Demonstrations

12. Subcontracting or Third Party Payments

13. Firm prices

14. Invoicing Requirements

15. Contract Cancellation

16. Appeals Process

ATTACHMENT A – SIGNATURE AND AUTHORITY AFFIDAVIT FORM

ATTACHMENT B – REFERENCES SHEET

ATTACHMENT C – BID OFFER FORM

ATTACHMENT D – STANDARD TERMS AND CONDITIONS

ATTACHMENT E – WISCONSIN DEPARTMENT OF TRANSPORTATION POLYMER OVERLAY SPECIFICATION, ITEM 509.5100.S

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1. General Information and Scope The County of Portage Wisconsin (County), through its Purchasing Department (Purchasing), requests bids to establish a contract for two-component polymer overlay system for bridge decks for the Highway Department. The bid includes a base bid of 8 bridges in Portage County with an additive bid of 1 additional bridge in Portage County.

The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these bid documents. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid. Failure to meet specification requirements shall disqualify your bid. Vendors may not submit their own contract document as a substitute for these terms and conditions.

Retain a copy of these Bid documents for your files. Should you receive an award, these Bid 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 bid you are agreeing to the use of this program to sign documents should you receive an award. There is no cost to the bidder associated with this process.

Definitions: The following definitions are used throughout the RFB documents:

Bidder/Vendor means a company or individual submitting a bid response to this RFB Contractor means bidder awarded the contract County means the County of Portage Wisconsin Purchasing means the County of Portage Purchasing Department RFB means Request for Bid State means the State of Wisconsin VendorNet means the State of Wisconsin’s electronic purchasing information system

2. Contract term Date of award, through 12/31/2021, with two (2) one-year renewal options. Any extension must be authorized by mutual agreement of the vendor and the County.

3. Questions If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the Procurement Director named below of such error and request a modification or clarification.

Any communications or questions regarding the specifications, or special conditions of bid should be written and submitted to Purchasing as soon as possible, but no later than end of day 3/10/2021.

Purchasing will respond to questions if necessary by issuing an official addendum, posted on VendorNet and on the Portage County Website. Bidders are responsible for checking these websites for any addenda before submitting a bid. Failure to acknowledge addenda may disqualify your bid.

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

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Any correspondence or questions submitted must include the bid number

Submit questions in writing via email to:

Chris Schultz, Procurement Director, e-mail: schultzc@co.portage.wi.us Phone: 715-346-1333

4. Method of Bid Bidder must submit a unit price for each item they are able to supply or provide. All prices must be quoted in U.S. Dollars.

Bids requiring an order minimum shall be disqualified.

Bidder must bid on the enclosed Bid Offer Form.

5. Bid Submission Bidders must submit an original and one copy including all required materials for acceptance of their bid by the date and time listed on the Bid Cover Sheet. Any bids received after that time and date will be rejected. Receipt of a bid by the US mail system does not constitute receipt of a bid by Purchasing, for purposes of this RFB. Also refer to the Bid Response Requirements.

Faxed and e-mailed bids are not accepted. Bids must be mailed or delivered to:

Portage County Purchasing Department

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

All bids are to be packaged, sealed, and show the following information on the outside of the package:

-Vendor's Name and Address -Request for Bid Title -Request for Bid Number -Bid Due Date

6. Bid Response Requirements In order for your bid to be considered, the following information must be provided by the due date and time listed on the bid cover page. Failure to include any required documents will disqualify your bid.

Include an original and a copy:

6.1 Signature and Authority Affidavit Form, Attachment A (Acknowledge addendum(s) if any.)

6.2 References Sheet, Attachment B

6.3 Bid Offer Form, Attachment C

6.4 Bidder’s warranty statement

The Signature and Authority Affidavit submitted in response to this RFB must be signed by the person in the Contractor's organization who is responsible for the decision as to the prices being offered in the Bid 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

Wisconsin Page 5 of 19 disqualify your bid. The County encourages all bidders to print their submission double-sided to save paper.

7. Method of Award Award(s) shall be made on the basis of the lowest total cost of the BASE BID for polymer resin, deck preparation, application equipment and mobilization (bid items line 1-4) from a responsive, responsible bidder who meets specifications. The right is reserved, however, to make an award on the lowest net unit price per item, whichever is judged to be in the best interest of the County. Timeliness of delivery may be considered when making this award.

Volume discounts shall not be considered when determining award. However, they shall apply to orders issued on this contract.

8. Bidder/Contractor Qualifications To be eligible for a contract award, you must be qualified and able to provide the following:

8.1 Bidder must be an original manufacturer, or distributor and/or dealer/company authorized by manufacturer to sell their products.

8.2 Bidder must supply references of three firms to which similar products/services have been provided during the past three years to a comparable-sized institution or company. If contacted, all of those references must verify that a high level of satisfaction was provided. Use Attachment B to list references.

8.3 Contractor must provide designated County personnel with instructions on set-up and operation of the system and/or products.

8.4 Bidder must provide a statement of their Warranty Policy on any service or product they may provide.

8.5 Awarded contractor must provide Purchasing a Certificate of Insurance and maintain the minimum limits specified for the term of the contract. All policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A+, and signed by an authorized agent.

Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

9. Specifications The following specifications are minimum acceptable requirements. Any specific reference to manufacturer(s) and/or catalog/model/stock numbers provided is to establish the design, type of construction, quality, functional capability and performance level desired. The bidder may offer an

Wisconsin Page 6 of 19 alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with your bid to establish equivalency and to ensure that the product being bid meets all specifications. Failure to provide product specifications and information may disqualify your bid. The County of Portage shall be the sole judge of equivalency and acceptability. Any attachments, documents, price lists, etc. to support your bid, must include the bid number

Bid specifications may not be revised without an official written addendum issued by Purchasing.

9.1 Bid shall include five separate unit prices; Aggregate, Polymer Resin, Deck Preparation, Application and Mobilization.

9.2 All above processes and materials shall follow Wisconsin Department of Transportation Polymer Overlay specification, section 509.5100.S., included in Attachment E.

9.3 Contractor shall supply all labor and equipment necessary to Deck Preparation per specification.

9.4 Portage County will supply labor for application of the polymer resin and aggregate. Contractor shall supply application equipment required for mixing and dispensing polymer resin along with spreading/placing of aggregate and operator for equipment. Contractor shall also supply labor and equipment for material handling at the jobsites.

9.5 Base Bid includes (8) bridge locations within Portage County. Breakdown of bridges is shown below:

Base Bid County Highway Bridges Bridge # Location Deck Area (SF) B-49-35 CTH KK over CNRR 10,500 B-49-127 CTH KK over Tomorrow River 2,670 B-49-126 CTH B over CNRR 6,250 B-49-187 CTH A over Tomorrow River 1,790

21,210

Base Bid State Highway Bridges

Bridge # Location Deck Area (SF) B-49-18 IH39 NB over Little Plover River 2,420 B-49-19 IH39 SB over Little Plover River 2,420 B-49-169 STH 66 over Skelly Creek 2,310 B-49-170 STH 66 over Mill Creek 7,240

14,390

Additive Bid includes (1) bridge locations within Portage County.

Additive Bid State Highway Bridges Bridge # Location Deck Area (SF) B-49-13 STH 54 over IH39 11,850

11,850

Portage County will supply all traffic control at each bridge site and work at each bridge shall be completed in (2) stages (i.e. application on ½ of the bridge deck at a time).

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9.6 Line # 4, Mobilization shall include all costs necessary to move personnel, equipment, supplies and incidentals to Portage County to complete the work for (8) bridge locations listed above under Base Bid. Line # 9, Mobilization shall include all costs necessary to move personnel, equipment, supplies and incidentals to Portage County to complete the work for (1) bridge location for the additive bid items. Mobilization will NOT be paid moving between bridge locations once within Portage County. It is anticipated all (8) bridges will be available and completed under a single mobilization for the base bid and the (1) additional bridge will be available and completed under a single mobilization for the additive bid.

9.7 Contractor shall supply aggregate per specification in Attachment E if awarded lines 5 and 10. If lines 5 and 10 are not awarded, Portage County shall supply the aggregate.

10. On-Site Service In carrying out the scope of this contract, the Contractor maybe required to perform services on County property. Bidders must include all transportation and insurance charges.

Failure to include these costs may disqualify your bid.

11. Samples/Demonstrations Bidders may be required to submit samples for testing or control against product specifications. These samples are to be without expense or obligation to the County. Samples requested upon request after bids are open must be delivered to the designated location within the time specified in that request.

The County shall evaluate all samples requested in an identical manner to determine whether the products delivered conform to the specifications.

The County shall reject samples NOT meeting bid specifications. The bidder shall be notified in writing to pick up samples, at the bidders expense, within five working days of date of such notification. Any samples not picked up in the designated time period shall be disposed of as the County sees fit.

Failure to deliver samples within time designated may disqualify your bid.

12. Subcontracting or Third Party Payments All subcontracting shall be pre-approved upon award by the County before any work begins.

Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment.

13. Firm prices Prices must remain firm for 45 calendar days after bid opening. Prices established may be lowered due to general market conditions.

The awarded contractor must hold the accepted costs for the entire contract period. The County will review any adjustment of costs before the beginning of a contract renewal period. Price increase requests must be justified with supporting documentation of industry-wide increases.

14. Invoicing Requirements The County’s terms are to pay or reject invoices within 30 days of receipt. Before payment is made, it also must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

All invoices must be itemized showing:

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a. purchase order number d. complete product description as

b. vendor name stated on your bid.

c. remit to address e. prices per the contract

The original invoice must be sent to the bill-to address shown on the Purchase Order.

Invoices/Purchasing card Orders placed by the County using a purchasing card must reflect current contract pricing.

15. Contract Cancellation This Contract may be terminated by either party under the following conditions:

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

If the problem is service performance, Contractor will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor will be given a period of time to ‘cure’ the performance. If the performance does not improve, Contractor will be given 5 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.

15.2 In the event the Contractor 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 Contractor will, in turn, refund the County, within 30 days of said termination, all payments made hereunder by the County to the Contractor for work not completed.

15.3 If at any time the Contractor’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.

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

16. 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.

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Attachment A

Signature and Authority Affidavit Form

BIDDING 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 bid.

Name __________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ___________________________

In signing this bid, 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 bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder 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 specifications, 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 specifications relating to this Bid.

I further certify that I have carefully examined the bid 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 hereby acknowledges receipt / review of the following addendum(s) (If any) Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

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Attachment B

References

Vendor: _______________________________________________________________________

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: ____________________________________________________

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Attachment C

Bid Offer Form

Vendor:______________________________________________________________

BASE BID

Line # Description Quantity U/M Unit Price Extended Price

Polymer Resin per specification in Attachment E

35,600

SF

2 Deck Preparation per specification in Attachment E

35,600 SF

3 Application Equipment provided for County Labor use

35,600 SF

4 Mobilization for Bid Line items #1 - #3 1 Each 5 Option A - Aggregate per specification in

63.3 TON

Total Price Polymer Resin, Deck Preparation, Application Equipment and Mobilization (line #1-#4): __________

Total Price Option A Aggregate (line #5):_______________

ADDITIVE BID (6 additional WisDOT bridges)

Line # Description Quantity U/M Unit Price Extended Price

Polymer Resin per specification in

11,850 SF

7 Deck Preparation per specification in Attachment E

11,850 SF

8 Application Equipment provided for County Labor use

11,850 SF

9 Mobilization for Bid Line items #6 - #8 1 Each 10 Option A - Aggregate per specification in

Attachment E for Additive Bid

21.1 TON

Total Price Polymer Resin, Deck Preparation, Application Equipment and Mobilization (line #6-#9): __________

Total Price Option A Aggregate (line #10):_______________

Lead time for services is __________ days after notification to begin work

Warranty information is included? Yes_____ No______

An original and one copy of all required forms are included in the submittal? Yes_____ No______

Portage County is exempt from Federal Excise and Wisconsin Sales Taxes, 77.54(9a). WI Stats.

Portage County’s CES number is ES 43251.

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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.

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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, gender identity and gender expression, 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.

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.

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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 directly related to any injuries or damages to 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.

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Attachment E Polymer Overlay, Item 509.5100.S.

A Description This special provision describes providing two layers of a two-component polymer overlay system to the bridge decks the plans show.

B Materials B.l General Furnish materials specifically designed for use over concrete bridge decks. Furnish polymer liquid binders from the department's approved product list.

B.2 Polymer Resin Furnish a polymer resin base and hardener composed of two-component, 100 percent solids, 100 percent reactive, thermosetting compound with the following properties:

Property Requirements Test Method

Gel Time"] 15 - 45 minutes @

730 to 750 F ASTM C881

Viscositylll 7 - 70 poises ASTM D2393, Brookfield RVT, Spindle No. 3, 20 rpm Shore D Hardness[21 60-75 ASTM D2240

AbsorptionP1 1% maximum at 24 hr ASTM D570

Tensile Elongation[21 - @ 7 days ASTM D638

Tensile StrengthP1 2000 to 5000 psi @ 7 days

ASTM D638

Chloride Permeability[21 <IOO coulombs @ 28 days

AASHTO T277

[11 Uncured, mixed polymer binder [21 Cured, mixed polymer binder

Ensure that the polymer resin when mixed with aggregate has the following properties:

Property Requirement[1J Test Method

Minimum Compressive Strength

1,000 psi @ 8 hrs 5,000 psi @ 24 hrs

ASTM C579 Method B, ModifiedPJ

Thermal Compatibility No Delaminations ASTM C884

Minimum Pull-off Strength 250 psi @ 24 hrs ASTM C1583

[11 Based on samples cured or aged and tested at 750 F [21 Plastic inserts that will provide 2-inch by 2-inch cubes shall be placed in the oversized brass molds.

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B.3 Aggregates Furnish natural or synthetic aggregate that is non-polishing; clean; free of surface moisture; fractured or angular in shape; free from silt, clay, asphalt, or other organic materials; and conform to the following:

Aggregate Properties

Property Requirement Test Method

Moisture Content"] 1/2 of the measured aggregate absorption, % ASTM C566

Hardness >6.5 Mohs Scale

Fractured Faces 100% with at least 1 fractured face & 80% with at least

2 fractured faces of material retained on No. 16

ASTM D5821

Absorption ASTM C128 111 Sampled and tested by the department before placement.

Gradation

Sieve Size % Passing by Weight

No. 4 100

No. 8 30 - 75

No. 16 0-5

No. 30 0- 1

B.4 Approval of Bridge Deck Polymer Overlay System A minimum of 20 working days before application, submit product data sheets and specifications from the manufacturer, and a certified report of test or analysis from an independent laboratory to the engineer for approval. The department will sample and test the aggregates for gradation and moisture content before placement. If requested, supply the department with samples of the polymer for the purpose of acceptance testing.

B.4.1 Product Data Sheets and Specifications Product data sheets and specifications from the manufacture consists of literature from the manufacturer showing general instructions, application recommendations/methods, product properties, general instructions, or any other applicable information.

B.4.2 Certified Report of Test or Analysis Conform to the following:

Polymer Binder: Submit a certified report of test or analysis from an independent laboratory dated less than 3 years before the date of the project letting showing the polymer binder meets the requirements of section B.2.

Aggregates Submit a certified report of test or analysis from an independent laboratory dated less than 6 months before the date of the project letting showing the aggregates meet the requirements of section B.3.

C Construction C.I General

Ensure that the overlay system is 1/4 inch thick or thicker.

Conform to the following:

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Field Review: Conduct a field review of the existing deck to identify any possible surface preparation and material compatibility issues.

Pre-Installation Meetinq: Conduct a pre-installation meeting with the manufacturer's representative and the engineer before construction. Discuss the field review findings, verification testing of the surface preparation and establish procedures for maintaining optimum working conditions and coordination of work. Furnish the engineer a copy of the recommended procedures and apply the overlay system according to the manufacturer's instructions. Supply for the engineer's use for the duration of the project, a Concrete Surface Profile (CSP) chip set of 10 from the International Concrete Repair Institute (ICRI).

Manufacturer's Representative: An experienced manufacturer's representative familiar with the overlay system installation procedures shall be present at all times during surface preparation and overlay placement to provide quality assurance that the work is being performed properly, This requirement may be reduced at the engineer's discretion.

Store and handle materials according to the manufacturer's recommendations. Store resin materials in their original containers in a dry area. Store all aggregates in a dry environment and protect aggregates from contaminants on the job site.

C.2 Deck Preparation C.2.1 Deck Repair Remove all asphaltic patches and unsound or disintegrated areas of the concrete decks as the plans show, or as the engineer directs. Work performed to remove and repair the concrete deck will be paid for under other items.

Use deck patching products that are compatible with the overlay system. Patching materials with magnesium phosphate shall not be used. Place patches after surface is prepared via shot blasting and cleaning as described in Section C.2.2 of this specification. Portland cement concrete patches shall be used for joint repairs and full depth deck repairs with a plan area larger than 4 sf, unless approved otherwise by the Structures Design Section. If rapid-set concrete is used, place patches per the manufacturer's recommendation. If Portland cement concrete is used, place patches per standard spec 509.3.9.1 .

Deck patching shall be filled and properly finished prior to overlay placement. Do not place overlay less than 1 hour, or per the manufacturer's recommendation, after placing rapid-set concrete patches in the repair areas. Do not place overlay less than 28 days after placing Portland cement concrete patches in the repair areas.

C.2.2 Surface Preparation Determine an acceptable shotblasting machine operation (size of shot, flow of shot, forward speed, and/or number of passes) that provides a surface profile meeting CSP 5 (medium-heavy shotblast) according to the ICRI Technical Guideline No. 310.2. If the engineer requires additional verification of the surface preparation, test the tensile bond strength according to ASTM Cl 593. The surface preparation will be considered acceptable if the tensile bond strength is greater than or equal to 250 psi or the failure area at a depth of 1/4 inches or more is greater than 50 percent of the test area. Continue adjustment of the shotblasting machine and necessary testing until the surface is acceptable to the engineer or a passing test result is obtained.

Prepare the entire deck using the final accepted adjustments to the shotblasting machine as determined above.

Thoroughly blast clean with hand-held equipment any areas inaccessible by the shotblasting equipment. Do not perform surface preparation more than 24 hours before the application of the overlay system.

Protect drains, expansion joints, access hatches, or other appurtenances on the deck from damage by the shot and sand blasting operations and from materials adhering and entering. Tape or form all construction joints to provide a clean straight edge.

Before shot blasting, remove pavement markings within the treatment area using an approved mechanical or blasting method.

Prepare the vertical concrete surfaces adjacent to the deck a minimum of 2" above the overlay according to SSPC-SP 13 (free of contaminants, dust, and loose concrete) by sand blasting, using wire wheels, or other approved method.

Just before overlay placement, clean all dust, debris, and concrete fines from the prepared surfaces including the vertical surfaces with compressed air. When using compressed air, the air stream must be free of oil. Any grease, oil, or other foreign matter that rests on or has absorbed into the concrete shall be removed completely. If prepared surfaces (including the first layer of the polymer overlay) are exposed to rain or dew, lightly sandblast (brush/breeze blast) the exposed surfaces.

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The engineer may consider alternate surface preparation methods per the overlay system manufacture's recommendations. The engineer will approve the final surface profile and deck cleanliness before the contractor placing the polymer overlay.

C.2.3 Transitional Area If the plans show, create a transitional area approaching transverse expansion joints and ends of the deck using an approved mechanical or blasting method. Remove 1/4 inch to 5/16 inch of concrete adjacent to the joint or end of deck and taper a distance of 3 feet.

If the plans show, create a transitional area on the approach pavement. Prep and place the first lift 3 feet beyond the end of the deck the same width as the deck. Prep and place the second lift 6 feet beyond the end of the deck the same width as the deck.

C.3 Overlay Application Perform the handling and mixing of the polymer resin and hardening agent in a safe manner to achieve the desired results according to the manufacturer's instructions. Do not apply the overlay system if any of the following exists:

1. Ambient air temperature is below 50 F or above 100 F.

2. Deck temperature is below 50 F.

3. Moisture content in the deck exceeds 4.5 percent when measured by an electronic moisture meter or shows visible moisture after 2 hours when measured in accordance with ASTM D4263.

4. Rain is forecasted during the minimum curing periods listed under C.5.

5. Materials component temperatures below 65 F or above 99 F.

6. Concrete deck age is less than 28 days.

7. The deck temperature exceeds 100 F.

8. If the gel time is 10 minutes or less at the predicted high air temperature for the day.

After the deck has been shotblasted or during the overlay curing period, only necessary surface preparation and overlay application equipment will be allowed on the deck. Provide appropriate protective measures to prevent contamination from equipment allowed on the deck during preparation and application operations. Begin overlay placement as soon as possible after surface preparation operations.

The polymer overlay shall consist of a two-course application of polymer and aggregate. Each of the two courses shall consist of a layer of polymer covered with a layer of aggregate in sufficient quantity to completely cover the polymer. Apply the polymer and aggregate according to the manufacturer's requirements. Apply the overlay using equipment designed for this purpose. The application machine shall feature positive displacement volumetric metering and be capable of storing and mixing the polymer resins at the proper mix ratio. Disperse the aggregate using a method that provides a uniform, consistent coverage of aggregate and minimizes aggregate rolling or bouncing into final position. First course applications that do not receive enough aggregate before the polymer gels shall be removed and replaced. A second course applied with insufficient aggregate may be left in place, but will require additional applications before opening to traffic.

After completion of each course, cure the overlay according to the manufacturer's instructions. Follow the minimum cure times listed under C.5 or as prescribed by the manufacturer. Remove the excess aggregate from the surface treatment by sweeping, blowing, or vacuuming without tearing or damaging the surface; the material may be re-used if approved by the engineer and manufacturer. Apply all courses of the overlay system before opening the area to traffic. Do not allow equipment or traffic on the treated area until directed by the engineer.

After the first layer of coating has cured to the point where the aggregate cannot be pulled out, apply the second layer. Before applying the second layer, broom and blow off the first layer with compressed air to remove all loose excess aggregate.

Before opening to traffic, clean expansion joints and joint seals of all debris and polymer. A minimum of 3 days following opening to traffic, remove loosened aggregates from the deck, expansion joints, and approach pavement.

C4 Application Rates Apply the polymer overlay in two separate courses in accordance with the manufacturer's instructions, but not less than the following rate of application.

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Course Minimum Polymer Ratelll

(GAL/IOO SF)

Aggregate12J

(LBS/SY)

1 2.5 10+

2 5.0 14+

The minimum total applications rate is 7.5 GAL/IOO SF.

[2) Application of aggregate shall be of sufficient quantity to completely cover the polymer.

C.5 Minimum Curing Periods

As a minimum, cure the coating as follows:

Average temperature of deck, polymer and aggregate components in degrees F

Course 50-54 55-59 60-64 65-69 70-74 75-79 80-84 85-99

1 6 hrs. 1 hr.

6.5 hrs. 6.5 hrs. 4 hrs.

If faster cure times are desired and achievable, submit to the engineer a certified test report from an independent laboratory showing the material is able to reach a compressive strength of 1000 psi as tested per ASTM C 579 Method B within the temperature ranges and cure times for which the product is proposed to be placed.