REQUEST FOR BID (RFB)

FOR

ASPHALT PARKING LOT

SEALCOAT PROJECTS

BID #2021-22

Issued by:

Portage County Purchasing Department

Bids must be submitted No later than 2:00 PM 08/05/2021 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: 07/09/2021

PORTAGE COUNTY BID #2021-22

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TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. GENERAL INFORMATION AND SCOPE

2. CONTRACT TERM

3. PRE-BID VENDOR CONFERENCE and/or PRE-BID SITE VISIT

4. QUESTIONS

5. METHOD OF BID

6. BID SUBMISSION

7. BID RESPONSE REQUIREMENTS

8. METHOD OF AWARD

9. BIDDER/CONTRACTOR QUALIFICATIONS

10. SPECIFICATIONS

11. DELIVERY

12. ON SITE SERVICE

13. SUBCONTRACTING OR THIRD PARTY PAYMENTS

14. FIRM PRICES

15. INVOICING REQUIREMENTS

16. CONTRACT CANCELLATION

17. 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- GIS MAPS OF JORDAN PARK AND STANDING ROCKS PARK

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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 to provide minor crack filling, sealcoat, striping, wording and re-striping of several lots controlled by Portage County including County Park Areas.

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.

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 completion of all projects listed on bid offer form Attachment C. An extension may be mutually agreed upon by both parties for additional asphalt projects for County controlled property for additional one-year agreements not to extend past December 31, 2023.

3. PRE-BID VENDOR CONFERENCE and/or PRE-BID SITE VISIT A pre-bid site visit will be held starting at 10:00 AM on 07/22/2021 at Jordan Park 5800 Jordan Road, Stevens Point, WI at Location F in the maps provided in Attachment E. The pre site visits will continue by Portage County employees through the following locations:

-All Jordan Park Locations -Standing Rocks Park 7695 Standing Rocks Road, Stevens Point

The total review of all the projects with travel time is estimated to take 1.5 hours.

A bid addendum will be issued if the meeting is changed or cancelled. This meeting is suggested but not required, failure to attend or to examine any and all bid documents prior to submitting a bid will in no way relieve the successful bidder from the necessity of furnishing, without additional cost to the County, any materials or equipment or performing any work that may be required to complete the work in accordance with the specifications. No additional charges shall be allowed for lack of information.

4. 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.

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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 7/27/2021. 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.

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

Any correspondence or questions submitted must include the bid number

Submit questions in writing via email to:

Chris Schultz, Procurement Specialist, e-mail: Schultzc@co.portage.wi.us Phone: 715-346-1393

5. METHOD OF BID

Bidder must submit a price for each location and a total price as designated. All prices must be quoted in U.S. Dollars. Bidder must bid on the enclosed Bid Offer Form

6. 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 forwarded to:

Portage County Purchasing

ITEM OF NOTE: 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

7. 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. Include:

7.1 Addendum Cover (Signature) Page(s), if applicable to this bid request

7.2 Signature and Authority Affidavit Form, Attachment A

7.3 References Sheet, Attachment B

7.4 Bid Offer Form, Attachment C

7.5 Bidder’s warranty statement

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

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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 disqualify your bid. The County encourages all bidders to print their submission double-sided to save paper

8. METHOD OF AWARD

The County intends to Award on the basis of the lowest total price from a responsive, responsible bidder who meets specifications. Timeliness of delivery may be considered when making this award. The County intends to award to one bidder. It may award to multiple vendors if it deems it most advantageous for the County to do so based on price or timeliness of completing various parking lots.

9. BIDDER/CONTRACTOR QUALIFICATIONS

To be eligible for a contract award, you must be qualified and able to provide the following:

9.1 Bidder must supply references of three firms to which similar service have been provided during 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. Use Attachment B to list references.

9.2 Bidder must be in the business of asphalt sealcoat and striping for the past five years.

9.3 Bidder must provide a statement of their Warranty Policy on any service they provide.

9.4 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 A1, 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.

10. SPECIFICATIONS

The following specifications are minimum acceptable requirements. 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.

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10.1 All work and materials must meet or exceed all applicable industry standards, federal regulations, A.S.T.M. standards, local codes and ordinances, and the State of Wisconsin’s Department of Transportation Standard Specifications for Highway and Structures Construction.

10.2 Prior to any work, the Contractor must conduct a comprehensive examination of the existing conditions and pavement markings. Pavement markings must be documented to be re-created to match existing layout. Any areas that are not already marked by the Parks Director for structurally unsound or excessively weather surfaces must be reported to them as part of the bid. We have estimated the amount of these unsound areas and listed totals for each location in 10.11. The County requires the unsound/patch areas to be resurfaced using infrared patching or any other method to make as structurally sound as the surrounding pavement.

10.3 The Contractor shall schedule the work with the Parks Director, Ryan Rose. Work must be scheduled on a weekday approved by the County. It is preferred that work is not scheduled on Weekends. Lodge bookings and park usage will factor into the dates and times for scheduling.

Gates, cones, and tape can be used to block traffic so work can be scheduled during any light time hours.

10.4 Sealcoat to be used will be one coat of GSB 88 emulsion sealcoat blended with fractured sand and emulsion modifier. Contractor may bid a sealant combo that meets or exceeds these specifications with approval from the County.

10.5 The surface to receive asphalt sealcoat must be free of all foreign material. Cleaning may be by air blowing, vacuum, mechanical sweeper or other technique as approved by the County.

10.6 Application of asphalt sealcoat in ambient temperatures in excess of 80 degrees Fahrenheit shall require pretreatment of the asphalt surface with a water mist. The surface shall not have any standing water before the application of sealcoat.

10.7 All cracks must be cleaned of all weeds and debris. Using compressed air and heat lance is a preferred method. Route all cracks, ¼” minimum, and seal with rubberized sealant that meets or exceeds Fed Spec ASTM D6690 Type II. Touch up previously sealed cracks as needed.

10.8 Prior to application of sealcoat, deposits of grease or oil shall be cleaned by scraping, burning, and/or the use of an approved detergent. After cleaning, the areas shall be sealed with a suitable quick drying latex oil seal emulsion manufactured specifically for the purpose of isolating the asphalt sealcoat from any residual oils.

10.9 Application shall be by mechanical means using motorized sprayer, rubber faced squeegees, brooms, distributor bar/wand or combinations of these techniques as approved by the County.

10.10 Striping for parking lots and Handicap Spots(H/C) must be completed to match the current layout and applied after sealcoat is thoroughly dry. The contractor shall use a latex based paint.

10.11 Individual Location Specifications, if the contractor determines more patches or work is needed in these locations, please indicate that on the bid offer form:

10.11.1. Jordan Park Dam Park Loc A-Sealant Application, Crack Fill, 20 Unsound Areas

10.11.2. Jordan Campground Loc B-Sealant Application, Crack Fill

10.11.3. Lodge #1770 Loc C-Sealant Application, Crack Fill, 1 H/C Spot

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10.11.4. Park East #1825 Loc D-Sealant Application, Crack Fill, 3 Unsound areas, 1 H/C Spot

10.11.5. Kayak Area #1895 Loc E-Sealant Application, Crack Fill

10.11.6. Main Office Loc F-Sealant Application, Crack Fill, 3 Unsound areas, 1 H/C Spot

10.11.7. Standing Rocks Loc G-Sealant App, Crack Fill, Stripe with previous pattern.

11. DELIVERY

Delivery is desired based on scheduling of locations over the course of the 60 days after start of contract.

The County is also willing to consider some of the work being completed in the Spring of 2022. Please indicate on the Bid Offer Form your estimated delivery time in calendar days for starting on the first areas.

12. ON SITE SERVICE

In carrying out the scope of this contract, the Contractor shall be required to perform services on County property. Bidders must include all transportation and insurance charges. Failure to include these costs may disqualify your bid.

13. SUBCONTRACTING OR THIRD PARTY PAYMENTS

All subcontracting shall be pre-approved by the County. Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment. The County will not pay any subcontractor or third parties directly.

14. FIRM PRICES

Prices must remain firm for 90 calendar days after bid opening. Prices established may be lowered due to general market conditions.

15. 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:

Vendor Name Date & Location of Pickup Quantity and Type of Materials Picked up with Contract Pricing Weight Slip

16. CONTRACT CANCELLATION

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

16.1 The County may terminate the contract at any time at its sole discretion by delivering 10 days written notice to the Contractor.

16.2 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.

16.3 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.

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17. 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 herby 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:______________________________________________________________

Location Description

Total Location Cost for Work

Listed

10.11.1 Jordan Park Dam Park Loc A-Sealant Application, Crack Fill, 20 Unsound Areas

10.11.2 Jordan Campground Loc B-Sealant Application, Crack Fill

10.11.3 Lodge #1770 Loc C-Sealant Application, Crack Fill, 1 H/C Spot

10.11.4 Park East #1825 Loc D-Sealant Application, Crack Fill, 3 Unsound areas, 1 H/C Spot

10.11.5 Kayak Area #1895 Loc E-Sealant Application, Crack Fill

10.11.6 Main Office Loc F-Sealant Application, Crack Fill, 3 Unsound areas, 1 H/C Spot

10.11.7 Standing Rock Loc G-Sealant App, Crack Fill, Stripe with previous pattern.

Total Costs for All Locations and Work

Optional Information

The County may award additional work for other areas in the future. Please consider providing 2021 pricing for the following items

Seal Coating (Per Square Foot)

Crack Filling (Per linear Foot)

Stripping/Painting (Per Linear Foot)

Patching Unsound Areas(Per Square Foot)

Other Services Please List or provide Price Sheet:

Lead time for delivery of products or services is __________ days after receipt of order

Product literature is included? Yes_____ No______

Warranty information is included? Yes_____ No______

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

Item Return Policy ___________________________________________________________________

Portage County is exempt 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

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