2024-13PC Bid Document 030524.pdf

Request for Bid (RFB) for

Specialty Pavement

Markings/Painting

Bid #2024-13PC

Issued by:

Portage County Purchasing Department

All required bid documents/copies must be submitted No later than 2 PM 3/26/2024 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.gov

Issued: 3/05/24

Portage County Bid #2024-13PC Wisconsin Page 2 of 15

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. Contract Quantities

10. Specifications

11. On-Site Service

12. Samples/Demonstrations

13. Firm prices

14. Invoicing Requirements

15. Contract Cancellation

16. Appeals Process

17. Special Conditions of this Bid

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 DOT SECTION 646 SPECIFICATIONS

ATTACHMENT F- WISCONSIN DOT APPROVED PAINT AND EPOXY LIST

ATTACHMENT G- PAVEMENT MARKING STANDARD DETAIL DRAWINGS

ATTACHMENT H- LOCATIONS OF PAVEMENT MARKINGS

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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 the painting of specialty pavement markings on various Portage County Highways at various locations throughout the county. These markings include stop bars, crosswalks, railroad crossings and type 2 arrows for turn lanes.

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 completion of all markings.

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 2PM on 3/14/2024.

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/

Any correspondence or questions submitted must include the bid number https://vendornet.wi.gov/ http://www.co.portage.wi.us/

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Submit questions in writing via email to:

Chris Schultz, Procurement Director, e-mail: schultzc@co.portage.wi.gov Phone: 715-346-1393

4. Method of Bid Bidder must submit a unit price and extended total for each item they are able to 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

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 Manufacturer’s/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 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 (based on estimated quantities) for waterborne paint items and epoxy paint items from a responsive, responsible bidder who meets specifications. Timeliness of delivery may be considered when making this award.

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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 service has 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 Bidder must be in the business of pavement painting and marking for the past three years.

8.4 Bidder must provide a statement of their Warranty Policy on any service or materials 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 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.

9. Contract Quantities The estimated quantities identified for each item on the Bid Offer Form are for bid purposes only. The County does not guarantee to purchase any specific quantity. Bids that state the County must guarantee a specific quantity or dollar amount may be disqualified.

10. 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 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

Wisconsin Page 6 of 15 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.

10.1 All markings to meet current State of Wisconsin DOT Section 646 specifications as indicated in attachment E.

10.2 All markings must meet the specifications as indicated in Attachment G

10.3 Only State of Wisconsin DOT approved paint or epoxy from Attachment F may be used.

10.4 Waterborne paint may be painted over existing markings that are cleaned and free of debris or other substances that will cause pavement marking failure (see attachment E).

10.5 Use of epoxy paint will require existing pavement markings to be removed per State of Wisconsin

DOT Section 646 standard specification.

10.6 Cold weather pavement markings will NOT be allowed under this contract.

10.7 Pavement marking surface shall be free and clean of debris and prepared per paint manufacturer’s requirements for maximum adhesion. Pavement cleaning may be done by any method that will not damage the pavement, leave a residue or cause discoloration. The contractor shall avoid damage to parked or passing vehicles. Any claims due to preparing the pavement marking surface shall be the responsibility of the contractor.

10.8 Mobilization to any location within Portage County, traffic control, removal, surface preparation/cleaning, or other necessary work to complete the pavement markings shall be included in the bid price for each item.

11. 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.

12. 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 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 5 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 shall disqualify your bid.

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

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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:

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 3 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.

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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.

17. Special Conditions of this Bid

17.1 CHANGES IN THE WORK

No changes in the work may be made by the Contractor without having prior approval of the County. The County may at any time, without invalidating the Contract and without Notice to Sureties, order changes in the Work by written Change Order or Field Order. Such changes may include additions and/or deletions.

17.2 Proving Period

WI DOT Section 646.3.1.5

(1) The department will accept the work based on an inspection conducted when the contractor completes the work. The engineer will, however, conduct post acceptance inspections periodically during a proving period to evaluate the performance of the marking. The proving period begins on the last day of the month, for all marking placed within each calendar month. For paint, the proving period is 180 days. For other marking, the proving period extends through April 15 of the next calendar year or 180 days, whichever is longer. If weather or road surface conditions prevent the engineer from fully evaluating the marking at the end of the proving period, the engineer may extend the proving period.

Increase required retroreflectivity for marking materials.

(2) The engineer will determine the percent failing during the proving period. The engineer will exclude failures due to abrasion loss at private entrances and within intersections, except for roundabouts. The department defines failure as discoloration, chipping, substrate exposure, or inadequate reflectivity. Color readings need to meet ASTM D6628. The department measures reflectivity in the direction of travel. Failing reflectivity, in millicandelas/lux/m2, is defined as:

(3) The engineer will conduct an initial inspection of each marking section defined as follows:

1. Each edge line, lane line, or centerline, measured through any 0.5 mile section.

2. Gore marking or turning lane marking at a single interchange or intersection.

3. Each roundabout.

(4) Replace all marking in sections with more than 10 percent failing and repair or replace marking that the engineer deems improperly constructed. If post-acceptance inspections uncover evidence of defective material or improper construction, the department may revoke acceptance.

17.3 EQUIPMENT AND/OR MATERIALS ON SITE

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The successful bidder or an authorized representative must be present to accept delivery at the job site of all equipment and material shipments that are part of the contract. It shall be the contractor’s responsibility to assume all liability for any equipment or materials delivered to the job site. Delivery of any equipment or materials any day ‘before’ work will proceed must be coordinated with the County. The Contractor is responsible for the security and safety of equipment or materials onsite.

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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:______________________________________________________________

You may bid on waterborne paint, epoxy paint, or both.

Line # Description Quantity U/M Unit Price Extended Price

Stop Bar, 18 inch, per specifications using waterborne paint

LF

2 Crosswalks Traverse Line, 6 inch, per specifications using waterborne paint

3 Crosswalks Ladder Pattern, 24 inch, per specifications using waterborne paint

165 LF

4 Railroad Crossings per specifications using waterborne paint

4 Each

5 Arrows, Type 2, per specifications using waterborne paint

45 Each

6 Stop Bars, 18 inch, per specifications using epoxy paint

7 Crosswalks Transverse Line, 6 inch, per specifications using epoxy paint

1000 LF

8 Crosswalks Ladder Pattern, 24 inch, per specifications using epoxy paint

165 LF

9 Railroad Crossings per specifications using epoxy paint

4 Each

10 Arrows, Type 2, per specifications using epoxy paint

45 Each

Total Price Lines 1 – 5 (waterborne paint) ________________

Total Price Lines 6 – 10 (epoxy paint) ________________

Estimated working days to complete the project is __________ days after receipt of order

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.

Effective with the November 2021 Letting 2022 Standard Specifications

646 Pavement Marking

646.1 Description

(1) This section describes providing and removing pavement marking.

646.2 Materials

646.2.1 General

(1) Furnish pavement marking products from the APL. Submit certificates of compliance certifying that the products supplied under the contract conform to these specifications.

646.2.2 Glass Beads

(1) Furnish dual coated glass beads treated for both moisture resistance and adherence conforming to AASHTO M247, Type I, except with a minimum of 80 percent true spheres. For each batch of beads actually furnished for the work, submit a certificate of compliance certifying that beads supplied under the contract conform to these specifications.

(2) Furnish beads in containers or bags labeled with the bead type, net weight, lot or batch number, blend date, and manufacturer's name and address.

646.3 Construction

646.3.1 General

646.3.1.1 General Marking

(1) Prepare the surface and apply marking as the manufacturer specifies. Provide manufacturer specifications as the engineer requests. Do not remove polymer overlay materials in areas receiving pavement marking. Use only epoxy pavement marking where the contract requires marking placed on polymer overlays.

(2) On projects with a net length of 1 mile or more, complete department forms DT2130 and DT2131 daily and submit to the engineer weekly unless the engineer agrees otherwise.

(3) On highways open to 2-way traffic, in addition to the marking vehicle, provide a leading vehicle and at least one trailing vehicle. Do not use flashing arrow panels to direct traffic to pass. Equip each leading and trailing vehicle with the following:

1. A slow-moving vehicle emblem.

2. One or more flashing or revolving yellow lights showing to the front and rear.

3. Signs to advise traffic of the wet line.

(4) On one-way roadways, operate marking train vehicles in the direction of traffic. Provide the same marking train as specified for 2-way traffic in 646.3.1.1(2) except as follows:

- A leading vehicle is not required, but use 2 trailing vehicles.

- The contractor may use flashing arrow panels to direct traffic to pass.

(5) After the marking can sustain exposure to traffic, re-apply clear protective surface treatment conforming to 502.2.11 where removed from structures during marking surface preparation. Seal exposed concrete including grooves for tape. Cover marking during resealing with a system that will not degrade the marking's retroreflectivity when removed. Uncover marking before opening to traffic.

(6) If the roadway is open to traffic use temporary raised pavement markers or apply temporary same day marking. Apply permanent marking within 7 days of completing mainline paving. If the roadway is closed during construction, apply permanent marking before opening to traffic.

(7) Apply marking to the width and color the bid item indicates. Provide a sharp cutoff for both sides and ends of the marking with a uniform cross-section. Do not damage existing marking that will remain in place.

646.3.1.2 Liquid Marking

(1) If the engineer requests, provide calculations demonstrating that the application rate is consistent with the specified dimensions and that the bead application rate is consistent with the specified rate. If on any 0.5-mile section or individual special marking have a calculated application rate less than 90 percent of that specified, remove and remark this section or special marking.

(2) Protect freshly applied marking until the line is dry or cured enough to prevent pickup under traffic.

Place 28-inch traffic cones on wet marking or use a convoy of moving vehicles to keep traffic from crossing the wet marking. Remove cones promptly after the line dries or cures.

(3) Prepare stone matrix asphalt (SMA) by scarifying to expose 75 percent or more of the stone substrate.

Limit scarification to no more than the following:

- 3 inches from the beginning and end of the applied line.

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- 1/2 inch on either side of the applied line.

(4) Apply liquid marking and glass beads across the line at or exceeding the following:

LIQUID MARKING PAVEMENT TYPE THICKNESS BEAD APPLICATION

(mils) (pounds per gallon) Paint all 16 10 Epoxy SMA, seal coats, and polymer overlays 25 25 Epoxy all other 20 22.5 Wet Reflective Epoxy all 20 [1]

[1] Use the product specific bead application rate for wet reflective epoxy specified on the APL.

646.3.1.3 Cold Weather Marking

(1) Do not place permanent paint or permanent tape marking if the ambient or pavement temperature is below 50 F. Choose an epoxy marking compatible with field conditions when placed. Do not place permanent epoxy marking if the ambient or pavement temperature is below 35 F unless the engineer allows in writing.

(2) If the engineer allows or requires marking below the specified minimum temperatures, apply epoxy from the APL in the exact location and width where permanent marking would be installed. Place epoxy at the mil thickness and the glass bead application rate specified for permanent epoxy. Maintain until weather permits permanent placement.

(3) Using the failure criteria specified in 646.3.1.5, perform corrective maintenance whenever the failure rate exceeds 25 percent of any section of marking. Completely remove and replace cold weather marking with permanent marking when weather permits. The proving period for the final marking begins after replacement.

646.3.1.4 Removing Marking

(1) Completely remove marking from locations the plan show or as the engineer directs. Unless the bid item designates water blasting, the contractor may use one or a combination of air blasting, water blasting, grooving, and grinding. Do not damage pavement and limit scaring. Provide a dust control system and remove accumulated sand or other materials. Collect, haul, and dispose of dust or residue from removals.

(2) Perform air blasting conforming to the following:

- If air blasting within 10 feet of a lane open to traffic, remove dust and other residue continuously while blast cleaning.

- If removing existing marking before applying new marking, expose at least 90 percent of the marking surface.

- If removing yellow center lines for no passing zone changes, ensure that the cycling mechanism on line removal equipment produces a uniform cycle or alternatively remove by hand.

(3) Perform water blasting only if the ambient temperature is at least 36F and rising. Use a truck mounted ultra-high pressure pump and water tank capable of delivering up to 40,000 psi to water jet nozzles.

Adjust water pressure to avoid damaging the pavement. Provide a vacuum recovery system that contains waste water and debris to provide a clean, damp-dry surface, without a secondary cleanup operation.

(4) Grind using a truck-mounted or hand system capable of complete removal of the marking. Provide a vacuum system to completely collect dust and debris.

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646.3.1.5 Department initial retroreflectivity testing is not mandatory.

646.3.1.5 Marking Acceptance

(1) The department may measure initial retroreflectivity conducted when the contractor completes the work as a part of the marking acceptance decision. The department will take initial day dry retroreflectivity readings between 15 and 60 days after installation or before the first snow fall whichever comes first.

(2) Conform to ASTM D6628 color requirements. The department measures reflectivity in the direction of travel. Ensure that the initial reflectivity, in millicandelas/lux/m2, meets or exceeds the following:

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INITIAL DAY

MATERIAL COLOR RETROREFLECTIVITY

Paint White 275 Yellow 185 Epoxy White 275 Yellow 185 Wet Reflective Epoxy White 290 Yellow 195 Permanent Tape White 650 Yellow 425

(3) The engineer will inspect each marking section defined as follows:

1. Each edge line, lane line, or center line, measured through any 0.5 mile section.

2. Gore marking or turning lane marking at a single interchange or intersection.

3. Each roundabout.

(4) Replace all marking in sections with failing initial retroreflectivity and repair or replace marking that the engineer deems improperly constructed. Remove existing marking in the groove before replacement.

If post-acceptance inspections uncover evidence of defective material or improper construction, the department may revoke acceptance under 105.11.2.3.

646.3.1.6 Proving Period

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646.3.1.6.1 Department post acceptance inspections are not mandatory.

646.3.1.6.1 General

(1) The engineer may conduct post acceptance inspections periodically during a proving period to evaluate the physical presence of pavement marking and, for grooved-in marking only, the retroreflectivity. The proving period begins on the last day of the week, for all marking placed within that week. The proving period extends through April 15 of the next calendar year or 180 days, whichever is longer. If weather or road surface conditions prevent the engineer from fully evaluating the marking at the end of the proving period, the engineer may extend the proving period.

(2) The engineer will determine the percent failing at the end of the proving period. The engineer will exclude failures due to abrasion loss at private entrances and within intersections, except for roundabouts. The department defines failure as discoloration, chipping, or substrate exposure.

(3) Remove and replace all marking in sections, as defined in 646.3.1.5, with more than 10 percent failing and repair, or remove and replace, marking that the engineer deems improperly constructed.

646.3.1.6.2 Retroreflectivity

(1) For grooved-in markings, the engineer will also evaluate the percent failing retroreflectivity at the end of the proving period. Ensure that the 180-day reflectivity, in millicandelas/lux/m2, meets or exceeds the following:

180 DAY DRY

MATERIAL COLOR RETROREFLECTIVITY

Wet Reflective Epoxy White 250 Yellow 150 Permanent Tape White 400 Yellow 335

646.3.2 Long-Line Marking

646.3.2.1 General

(1) Long lines are center lines, lane lines, edge lines, channelizing lines, and dotted extension lines.

(2) On contracts without the Locating No-Passing Zones bid item where pavement resurfacing covers the marking, mark the beginning and end of all existing center lines. After completing the resurfacing, accurately re-mark the center lines.

646.3.2.2 Liquid Marking Equipment

(1) Use equipment that can spray both yellow and white material to produce uniform lines of the specified dimension. Ensure the equipment can do the following:

- Applies lines both on the left and right sides, not necessarily simultaneously.

- Applies 2 lines simultaneously, with either line in a solid or intermittent pattern, in yellow or white.

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- Reports a daily-accumulated installed length for each gun.

- Reports a volume of paint used each day.

(2) Use automatic, mechanical devices to apply glass beads and report the volume used.

646.3.2.3 Grooving

646.3.2.3.1 General

(1) Provide a groove depth as follows:

PRODUCT GROOVED DEPTH

Grooved Wet Reflective Epoxy 80 +/- 10 mils Grooved Tape 120 +/- 10 mils

(2) Groove a maximum of 4 inches from both ends and 1 inch wider than the width of the marking segment. Achieve straight alignment with the grooving equipment, not to exceed a 3/8 inch variation in any 40-foot section of travelled way. Use a high-pressure air blower to clean the groove.

(3) For grooving concrete, if water is used in the grooving process, allow the groove to dry a minimum of 24 hours before cleaning. Before applying the marking, ensure that the groove surface is clean and dry.

(4) For grooving asphalt, wait 48 hours or longer after paving. Notify the engineer immediately if the structural integrity of the asphalt pavement is inadequate to support grooving operations.

646.3.2.3.2 Wet Reflective Epoxy

(1) Apply wet reflective epoxy binder in a grooved slot. and provide a double drop bead system as follows:

1. Wet reflective/recoverable elements at the application rate specified in…