2409 RFP Documents.pdf

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Kenosha County Courthouse South Entrance Ramp Replacement Project Design
Solicitation number
2409
Issued by
Kenosha County, Kellnersville Village, Wisconsin

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Kenosha County Courthouse South Entrance Ramp Replacement Project Design RFP Summary

This is a Request for Proposal (RFP) issued by the County of Kenosha Purchasing Division for design and construction management services to replace the deteriorating concrete ramp at the south entrance of the Kenosha County Courthouse located at 912 56th Street, Kenosha, Wisconsin. The project addresses safety concerns resulting from crumbling concrete and loose railings. The County seeks comprehensive services including concept design with cost estimates, final design and bidding assistance, and construction management oversight. A pre-proposal conference for all vendors is scheduled for March 28, 2024, at 10:00 AM CT at the project site. Sealed proposals must be submitted by 3:00 PM on April 24, 2024, to the County Purchasing Division at 1010 56th Street, Second Floor. The contract will commence immediately upon award and continue through project completion. The County expects the concept design and cost estimates to be completed within six weeks after contract award. The calendar of events includes a questions deadline of April 3, 2024, with an estimated addendum posting by April 10, 2024.

The total project budget, including design and construction, is $250,000. Proposers must submit a lump-sum cost proposal and will be evaluated on cost (20 points), company profile (25 points), staff qualifications (25 points), and proposal solutions (30 points). Proposals must be submitted as one original master copy and three identical photocopies bound together, plus one USB storage device copy, in a sealed container. Proposers must demonstrate a minimum of three completed projects of similar size and scope within the past five years and confirm no conflicts of interest with potential construction bidders. The contractor must maintain specified insurance coverage including commercial general liability of $1,000,000 per occurrence and professional liability of $1,000,000. Kenosha County is tax-exempt and exempt from federal and Wisconsin state taxes. Proposal prices must be firm for 90 days from opening, and the County reserves the right to request Best and Final Offers from top-scoring proposers before making a final award.

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REQUEST FOR PROPOSAL (RFP)

FOR

KENOSHA COUNTY

COURTHOUSE SOUTH

ENTRANCE RAMP REPLACEMENT

PROJECT DESIGN

RFP #2409

Issued by:

County of Kenosha Purchasing Division

Sealed proposals must be submitted No later than 3:00 PM 4/24/2024 to:

County of Kenosha Purchasing Division

1010 56th Street, Second Floor Kenosha, WI 53140

LATE RESPONSES WILL BE REJECTED

PRE-PROPOSAL CONFERENCE FOR ALL VENDORS SHALL BE HELD AT:

Kenosha County Courthouse South Entrance 912 56th Street

Kenosha, WI 53140:

3/28/2024 at 10:00 AM, CT

For further information regarding this

RFP contact:

Matthew Fleming

(262) 653-2527 Matt.Fleming@kenoshacounty.org

Issued: 3/12/2024

KENOSHA COUNTY RFP #2409

WISCONSIN PAGE 2 OF 27

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. INTRODUCTION AND OBJECTIVES

2. DEFINITIONS

3. STATEMENT OF WORK

4. PROPOSER QUALIFICATIONS

5. CALENDAR OF EVENTS

6. CONTRACT

7. TERM

8. PRE-PROPOSAL CONFERENCE and/or PRE-PROPOSAL SITE VISIT

9. VENDOR REGISTRATION

10. THIRD PARTY RFP SERVICES

11. QUESTIONS & ADDENDA

12. PRICES

13. RFP SUBMISSION

14. INSTRUCTIONS TO VENDORS & RESPONSE REQUIREMENTS

15. CONFIDENTIALITY/NON-DISCLOSURE

16. ERRORS OR OMISSIONS

17. VENDOR RESPONSIBILITY

18. EVALUATION & AWARD PROCESS

19. ASSIGNMENT AND SUBCONTRACTING

20. INVOICING REQUIREMENTS

21. SPECIAL CONDITIONS OF THIS PROPOSAL

ATTACHMENT A – SIGNATURE AND AUTHORITY AFFIDAVIT FORM

ATTACHMENT B – REFERENCES SHEET

ATTACHMENT C – COST PROPOSAL

ATTACHMENT D – ETHICS COMPLIANCE NOTICE & ADDENDUM

ATTACHMENT E – STANDARD TERMS AND CONDITIONS

WISCONSIN PAGE 3 OF 27

1. INTRODUCTION AND OBJECTIVES

The County of Kenosha Wisconsin (County), through its Purchasing Division (Purchasing), requests proposals to establish a contract to provide design and construction management services in order to replace the concrete ramp on the south entrance of the Kenosha County Courthouse, 912 56th Street, Kenosha, WI 53140.

Design Elements:

• The ramp at the south entrance is deteriorating and in need of replacement. Crumbling concrete and loose railings are causing concerns for safety.

Project Budget:

• The budget for the entire project including design and construction is $250,000.

Project Design Schedule:

• The County desires for the design to be completed as soon as practical. The expectation is that the concept design and cost estimates would be completed within 6 weeks after the award of the contract.

2. DEFINITIONS

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

Contractor means a Proposer awarded the contract County means the County of Kenosha Wisconsin Proposer/Vendor means a company or individual submitting a response to this RFP Purchasing means the County of Kenosha Purchasing Division RFP means Request for Proposal State means the State of Wisconsin Vendor Portal means the State of Wisconsin’s Vendor Portal (eSupplier)

3. STATEMENT OF WORK

The awarded Contractor shall provide professional design, engineering, and construction management services to in order to replace the concrete ramp on the south entrance of the Courthouse.

Concept Design

• Meet with designated subject matter experts and Kenosha County representatives to conduct a comprehensive assessment of the project needs.

• Provide a concept design to meet the project needs including the specific approach, design drawings, and cost estimate for all work and materials to be approval by Kenosha County. The design must meet all applicable laws, codes, ordinances and regulations. The Contractor will make any requested changes and modifications required for final approval. If approved, the

Contractor will move on to final design and bidding.

WISCONSIN PAGE 4 OF 27

Final Design & Bidding

• Provide final construction/installation plans, revised cost estimates, drawings and specifications for approval by Kenosha County. The solution shall be in accordance with all applicable laws, codes, ordinances and regulations.

• Provide final approved construction/installation plans, drawings and specifications to Purchasing for the purpose of soliciting the project work. Specifications must be provided as a project manual in Microsoft Word or PDF, formatted to print on 8.5" x 11" paper, have a header with an attachment number (provided by Purchasing), and page numbers on the bottom of each page.

The specifications must be clear, detailed, and reasonably free from errors. Reference to specific brands of materials should be minimized unless required to match existing conditions. If specific brands are referenced, a procedure to approve alternate products that meet or exceed specifications should be used if possible. Plans or drawings must be provided in CAD and PDF format and each given a unique drawing or plan number (printed on each plan) for reference in the bid/proposal documents and specifications. Plans should be formatted to print on standard large format printers. Specifications, plans, and drawings shall become the property of the

County.

• Provide a final review of the solicitation documents produced by Purchasing before release to the public. Care must be taken to identify and correct errors in order to limit the need for change orders during the project work.

• Contractor must attend a pre-bid meeting to document questions and serve as a technical advisor. The pre-bid meeting will include a tour of the project location and description of the solicitation documents, specifications and drawings. Questions asked by potential bidders will be answered in an official addenda produced by Purchasing with the assistance of the Contractor.

Contractor must provide answers to questions within 3 business days after the questions deadline in order for Purchasing to produce the addendum.

• The Contractor shall assist Purchasing in reviewing solicitation responses to ensure that the solicitation is awarded to a responsive, responsible bidder who meets specifications.

• After the award is approved, the Contractor must contact awarded bidders and create a construction schedule to be approved by Kenosha County.

Construction Management

• The Contractor shall schedule and attend pre-construction meetings and progress meetings based on the needs of the project.

• The Contractor must review any required bidder submittals to ensure compliance with bid specifications.

• The Contractor must provide, or cause to be provided, all required permits and approvals for the project.

• The Contractor must provide project management during the construction including site inspections as needed, product verifications, method, and compliance with bid requirements.

Regular reports to Kenosha County are required during the construction.

WISCONSIN PAGE 5 OF 27

• The Contractor must conduct a final comprehensive inspection of all work to verify the project was done per specifications. The Contractor will be responsible to identify any deficiencies in the work and schedule the awarded bidders to make corrections.

4. PROPOSER QUALIFICATIONS

Proposer must have completed a minimum of three projects/contracts of similar size and scope within the past five years.

Proposer must not have a relationship with any potential bidders/proposers for the construction that is, or would be perceived as, a conflict of interest. Awarded contractor shall provide a written statement confirming that no conflict of interest exists.

5. CALENDAR OF EVENTS

This calendar is subject to change at the sole discretion of Kenosha County. All attempts will be made to adhere to this calendar. However, due to circumstances beyond our control, it may be necessary to modify the events and/or dates and times.

Event Date

RFP Issued 3/12/2024

Pre-Proposal Conference 3/28/2024 @ 10:00 AM

Last Date for Questions 4/3/2024

Addendum Posted (estimated and if needed) 4/10/2024

Proposals Due 4/24/2024 @ 3:00 PM

6. CONTRACT

The contract for this project will consist of this Request for Proposals document, the specification documents and any associated exhibits, drawings, or additional documents, the Contractor’s proposal response with all required forms, any addenda that may be issued, any negotiated terms and conditions, and a Kenosha County standard professional services contract.

7. TERM

Contract will begin immediately upon award and will continue until project completion.

8. PRE-PROPOSAL CONFERENCE and/or PRE-PROPOSAL SITE VISIT

A vendor pre-proposal meeting will be held at 10:00 AM on 3/28/2024 at the South entrance of the Kenosha County Courthouse, 912 56th Street, Kenosha, WI 53140. An 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 RFP documents prior to submitting a response will in no way relieve the successful Contractor 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.

9. VENDOR REGISTRATION

Complete Proposal packages may be obtained from the State of Wisconsin’s VendorNet website https://vendornet.wi.gov/. To receive notifications of addendum and future bids and proposals, vendors https://vendornet.wi.gov/

WISCONSIN PAGE 6 OF 27

must register with https://esupplier.wi.gov. There is no fee to register. If you do not have internet access, contact this office for a hard copy of this RFP.

10. THIRD PARTY RFP SERVICES

Kenosha County is not responsible for the content of any RFP response package received through any 3rd party service. It is the sole responsibility of the vendor to ensure the completeness of the documents received through any 3rd party source.

11. QUESTIONS & ADDENDA

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, they shall notify the contact person named below of such error and request a modification or clarification.

Any communications or questions regarding the requirements, specifications, or special conditions of RFP should be written and submitted to Purchasing as soon as possible, but no later than 11/18/2022.

Purchasing will respond to questions if necessary by issuing an official addendum, posted on The State of Wisconsin’s Vendor Portal. Any and all addenda issued as part of this RFP shall become part of the requirements of this RFP and will be made part of the contract. Vendors are responsible for checking the portal for any addenda before submitting a response. Failure to acknowledge addenda may disqualify your proposal response.

Any correspondence or questions submitted must include the RFP number.

Submit questions in writing via email to:

Matthew Fleming, Purchasing Director, e-mail: matt.fleming@kenoshacounty.org

No other employee or representative of Kenosha County is authorized to interpret or give information as to the requirements of this RFP in addition to that contained in or amended to this written RFP document. Vendors are instructed not to contact any other County department or employee regarding this RFP. Any unauthorized contact regarding this RFP may be cause for the rejection of your proposal, at the sole discretion of the County.

12. PRICES

Proposal prices must be in US dollars, complete and inclusive of all charges at the time of submission.

Vendor is responsible for any delivery charges, freight, importing/exporting fees and services, tariff charges, licensing, or any other fees associated with this project.

Proposer certifies that prices, terms and conditions in the proposal will be firm for acceptance for a period of (90) days from the date of opening unless otherwise stated by Kenosha County. Proposals may not be withdrawn before the expiration of (90) days. Prices shall be firm with no escalator clauses unless specified by Kenosha County. Proposals may be withdrawn after ninety (90) days only upon written notification to Kenosha County.

Vendor must utilize the enclosed Cost Proposal form.

13. RFP SUBMISSION

In a sealed container, Proposers must submit one original master copy (so marked) and three (3) identical photocopies (so marked) securely bound in a ring binder or comb/wire binding. Additionally, one soft copy on a USB storage device must be included with the hardcopies in the sealed container. DO NOT EMAIL AN ELECTRONIC COPY OF THE PROPOSAL TO THE COUNTY PRIOR TO THE DUE DATE. Fax, email, or online response will not be accepted.

https://esupplier.wi.gov/

WISCONSIN PAGE 7 OF 27

Delivery of a response to any other Kenosha County department or office is not acceptable and may result in your response arriving late in the Purchasing Division office. Receipt of a response by the US mail system does not constitute receipt by Purchasing. Late responses will not be accepted.

The following information must be clearly marked on the front of the envelope/shipping package:

Name & Address of Vender Due Date of RFP RFP Number & Title

The following sample mailing label is provided here for your convenience:

14. INSTRUCTIONS TO VENDORS & RESPONSE REQUIREMENTS

14.1 Thoroughly examine the scope of work, schedule, instructions and all other solicitation documents and make all investigations necessary to be familiar with conditions that affect the proposal. No pleas of ignorance by the proposer as a result of failure to investigate or examine conditions or failure to fulfill details of the contractual documents will be accepted as a basis for varying the requirements of the County or changing the compensation due.

14.2 Provide all required information on the forms furnished in this document. Print or type name on the proposal and manually sign all copies in the space and on the forms provided. If you obtained this solicitation electronically, your response shall not contain any alteration to the document posted other than entering required data in the spaces provided or including attachments as necessary. By submission of a response, offeror affirms that no alteration of any kind has been made to this solicitation.

14.3 Do not include federal taxes or State of Wisconsin taxes in prices since the County of Kenosha is exempt from payment of these taxes.

14.4 All proposals must be current and final at the time of opening in order to be considered responsive. No proposal will be accepted for consideration, and no award will be made, if at the time of opening anything contained therein is contingent upon, or subject to, any outstanding review, certification, or approval by any party that has not been received.

From:

To: Matthew Fleming Purchasing Director Kenosha County Purchasing Division 1010 – 56th Street Kenosha, WI 53140

RFP RESPONSE

RFP #2409 Courthouse South Entrance Ramp Replacement Project Design Due Date: 4/24/2024 at 3:00 PM

Sample

Mailing

Label

WISCONSIN PAGE 8 OF 27

14.5 The following chart details the required proposal outline and specifies the minimum content of the proposal sections. Proposals should be organized in tabbed sections following this chart and each point listed below should be addressed in your proposal.

Tab Title Contents:

A

Letter of Transmittal

Include a signed and dated letter of transmittal offering your proposal for the County’s consideration, signed by an authorized agent of your company.

B

Table of Contents

A table of contents should be included, and each page of the proposal should be consecutively numbered.

C

Company Profile

• Provide a brief overview and history of your company.

• Address the company's expertise and qualifications to provide this service. Be specific and detail no more than three similar projects/contracts. Include description of work, dates, locations, challenges and results.

• Discuss your company's size and number of employees.

D

Staff Qualifications

• Identify key staff your organization/company will assign to fulfill the contract requirements. Detail who would be lead consultant and the role of each individual.

• Provide a synopses describing the educational and work experience for each of the key staff who would be assigned to the contract.

E

Proposal Solutions

• Provide a detailed narrative of the services you are offering to Kenosha County. Discuss all aspects of the Statement of Work and objectives as defined in this document and provide your company’s solution. Provide a general timeline on completing the tasks.

• Discuss your company’s ability to be flexible to meet the service needs of the County.

• Describe your firm's method of quality control of the design, verification that construction meets specifications, and process to identify deficiencies in the work.

• Detail your firms understanding of the challenges and barriers and proposed approach to overcoming these barriers.

WISCONSIN PAGE 9 OF 27

F Exceptions • Provide a detailed narrative of any exceptions you take to the Statement of Work or Terms and Conditions of this RFP.

• If no exceptions are taken, include a statement to that effect.

G

Reference Accounts

• On the form provided in this packet, list three (3) accounts your company currently provides these services to. References will be contacted by the County. Kenosha County may also consider reference responses from accounts not listed in your proposal.

• All information provided must be current and correct. Kenosha County will not attempt to search for current information that is not provided.

H

Vendor Forms

• Complete the Vendor Acceptance Form and insert it into your proposal

• Complete the Ethics Compliance Notice & Addendum

• Complete the Designation of Confidential and proprietary

Information Form and insert it into your proposal.

In a separate sealed envelope:

I

Cost Proposal

• Complete the Cost Proposal Form and provide an original and one copy in a separate sealed envelope.

15. CONFIDENTIALITY/NON-DISCLOSURE

It is the intent of the County that all proposals received will remain sealed and confidential until the due date. After the due date, only the names of the proposing firms will be released upon request, no other information will be provided until evaluations are complete.

Once the process is complete, no information submitted as a part of this RFP process shall be considered proprietary or confidential unless claimed as a trade secret on the enclosed form “Designation of

Confidential and Proprietary Information”.

By submitting a proposal, vendors acknowledge that the County may be required under the law to make its records available for public inspection at any time during this RFP process. All Vendors acknowledge and agree that the County will have no obligation or any liability to the Vendor in the event that the

County must disclose these materials.

WISCONSIN PAGE 10 OF 27

16. ERRORS OR OMISSIONS

Kenosha County reserves the right to permit cure of, or waive as an informality, any irregularities or technicalities contained in any proposal submitted, at the sole discretion of the County, provided such waiver does not substantially change the offer or provide a competitive advantage to any vendor.

Contracts will be awarded in the best interests of the County.

17. VENDOR RESPONSIBILITY

A proposal response may be rejected if a vendor fails to meet any one of the following qualifications:

17.1 Financial and Organizational Capacity: Factors to be considered include, but are not limited to, assets, liabilities, recent bankruptcies, equipment, facilities, personnel resources and expertise, availability in consideration of other business commitments, or existence of appropriate accounting and auditing procedures for control of property and funds.

17.2 Legal Authority: Factors to be considered include, but are not limited to, authority to do business in the State of Wisconsin, licensing, debarment by the State of Wisconsin or Federal Government due to a prevailing wage violation, OSHA violations, violations of other local, state or Federal law, etc.

17.3 Integrity: Factors to be considered include, but are not limited to, criminal indictments or convictions, civil fines and injunctions imposed by governmental agencies, anti-trust investigations, ethical violations, tax delinquencies, debarment by federal, state or local governments, or prior determinations of integrity-related non-responsibility.

17.4 Previous Contract Performance: Factors to be considered may include reports of less than satisfactory performance, early contract termination for cause, contract abandonment, court determinations of breach of contract, etc.

18. EVALUATION & AWARD PROCESS

18.1 Evaluation Committee

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

18.2 Right to reject proposals

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

18.3 Proposal Scoring

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

18.4 Evaluation Criteria

The proposals will be scored using the following criteria:

WISCONSIN PAGE 11 OF 27

EVALUATION CRITERIA

MAXIMUM

POINT

VALUES

Cost to the County 20

Company Profile 25

Staff Qualifications 25

Proposal Solutions 30

TOTAL 100

18.5 Interviews/Presentations and/or Demonstrations

Top-scoring proposers, based on the evaluation of the written proposal, may be required to have interviews/presentations to support and clarify their proposals, if requested by the County. The

County will make every reasonable attempt to schedule the interview/presentation on the date specified in the Calendar of Events. The proposer is required to have key members of staff attend the interview and be prepared to present and respond to questions. Failure of a proposer to complete a scheduled interview/presentation to the County may result in rejection of that proposer's proposal. The County may conduct reviews of the vendor’s work and/or contact references to clarify or confirm proposal information.

18.6 Final Evaluation

Upon completion of any interviews/presentations and/or demonstrations by proposers, the

County's evaluation team will review their evaluations and adjust the scores based on the information obtained in the interview/presentation, demonstration, possible reference checks, and any other pertinent proposer information.

18.7 Award and Final Offers

Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer after the original evaluation process is complete.

Alternatively, the highest proposer or proposers may be requested to submit Best and Final Offers

(BAFO). If the County requests Best and Final Offers, they will be evaluated against the stated criteria outlined in the BAFO, scored, and ranked by the evaluation committee. The award may then be granted to the highest scoring BAFO. However, a proposer should not expect that the

County will request a Best and Final Offer.

19. ASSIGNMENT AND SUBCONTRACTING

The selected Contractor will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract or any portion therein, or its right, title or interest in, to any person, firm or corporation without the written consent of Kenosha County. If Kenosha County permits the use of subcontractors, the following will apply:

The contractor is the prime contractor. A prime contractor is the vendor who provides a service and receives a payment for that service. The County considers the prime contractor to be the sole point of contact with regards to contractual matters, including the performance of the services and the payment of any and all charges resulting for contractual obligations.

WISCONSIN PAGE 12 OF 27

The prime contractor will be responsible for the contract performance when subcontractors are used.

However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the contractor must clearly identify the subcontractor including length of time the subcontractor has been used by the prime contractor and other projects.

The prime contractor shall provide the County with the names of any subcontractors used for the performance of any part of this contract. The existence of the subcontractor does not relieve or reduce the prime contractor of any liability to the County for any breach in the performance of the prime contractor’s duties. The prime contractor agrees that all subcontractors shall be agents of the prime contractor and the prime contractor agrees to hold harmless hereunder for any loss or damage of any kind occasioned by the acts of omissions of prime contractors, subcontracts, their agents or employees.

20. 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

b. RFP number

c. Vendor remit to address

d. Complete detailed product or service description as stated on your RFP

e. Prices per the Contract

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

21. SPECIAL CONDITIONS OF THIS PROPOSAL

21.1 Indemnity and Insurance Requirements

A proposal response may be rejected if a vendor fails to meet any one of the following insurance requirements:

21.1.1. Contractor agrees to indemnify, hold harmless and defend Kenosha County, its officers, agents and employees from any and all liability including claims, demands, losses, costs, damages and expenses of every kind and description or damage to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or occurring out of the acts or omissions of the Contractor, its agents or employees, regardless of whether or not it is caused in part by Kenosha County. Contractor shall notify Kenosha County immediately upon the commencement of any litigation against Contractor where there is any possibility Kenosha County may be made a party thereto. Should Contractor hire/engage any subcontractor(s) to perform work on its behalf or in conjunction with Contractor’s work, Contractor will require such subcontractor(s) to carry the same insurance as is outlined and required below of the Contractor.

21.1.2. Contractor agrees to protect itself and Kenosha County under the indemnity agreement set forth in the above paragraph. Contractor will at all times during the terms of this Contract keep in force and effect the insurances listed below and such insurance policies must be issued by a company or companies rated A- VII or better by AM Best and

WISCONSIN PAGE 13 OF 27

authorized to do business in the State of Wisconsin with the following minimum limits of coverage;

Commercial General Liability *

Each Occurrence $1,000,000

General Aggregate $2,000,000

Products – Completed Operations Aggregate $2,000,000

Professional Liability* $1,000,000

Automobile Liability – Combined Single Limit * $1,000,000

Excess/Umbrella Liability – Each Occurrence and Aggregate Limits *

$1,000,000

Workers Compensation Statutory Limits

Employer’s Liability – Each Accident / Disease Each Employee / Disease Policy Limit *

$500,000 Each

*Or such higher limits sufficient for these insurance policies to be scheduled under the Umbrella policy.

21.1.3. Coverage afforded shall apply as primary with Kenosha County named as an additional insured on the commercial general, and excess/umbrella liability policies. Contractor shall give 30 days advance written notice of cancellation or non-renewal during the term of this Contract. An endorsement in favor of Kenosha County waiving the Contractor’s and its insurer’s rights of subrogation shall be issued with respect to the Commercial General Liability, Comprehensive Auto Liability, and Workers’ Compensation and Employers Liability policies. Evidence of this endorsement must be noted on the certificate of insurance.

21.1.4. Contractor shall not discontinue or change any of the above referenced liability insurance policies in effect during any part of this contract without buying “tail end” insurance to cover potential claims that may have occurred during the term of this agreement. Completed Operations and Products liability insurance shall be maintained for a period of 2-years after completion and acceptance of the Project by Contractor, or such longer period as may be reasonably required by Kenosha County. The hold harmless, indemnity and insurance provisions of this contract shall survive the termination of this contract and shall remain operative until the time that all potential claims or potential civil actions by the parties or by third parties shall expire under existing law.

21.1.5. Upon execution of this Contract, the Contractor shall furnish Kenosha County with a certificate of insurance, showing evidence of the above requirements. Certificate must be submitted to Kenosha County within four (4) business days after receipt of purchase order, execution of contract or other written authorization. If certificate is not submitted within four (4) business days, Kenosha County, at its sole discretion, may void the contract and award to the next highest scoring vendor.

21.2 CHANGES IN THE WORK

No changes in the work may be made by the Contractor without having prior written 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

WISCONSIN PAGE 14 OF 27

include additions and/or deletions. No officer, employee or agent of the County is authorized to direct any extra or changed work verbally, except in an emergency endangering life or property.

The County shall not be liable to the Contractor for any increased compensation without such written order.

21.3 NO REIMBURSEMENT FOR EXPENSE OF PROPOSALS

The County will not reimburse vendors for any costs associated with the preparation and submittal of any proposal, nor for any travel and/or per diem costs if any are incurred.

WISCONSIN PAGE 15 OF 27

ATTACHMENT A SIGNATURE AND AUTHORITY AFFIDAVIT FORM

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 RFP.

Name __________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ___________________________

In signing this RFP, 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 response; that this RFP has been independently arrived at without collusion with any other vendor, competitor or potential competitor;

that this RFP has not been knowingly disclosed prior to the due date to any other vendor 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 services, materials or products described in the specifications relating to this

RFP.

I further certify that I am a duly authorized agent of this company, I have examined this proposal from the written specifications and information and have checked the same in detail before submitting said proposal to the County. I have full authority to make such statements and submit this proposal, and all statements submitted are true and correct.

Signature Title

Name (type or print) Date

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

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

WISCONSIN PAGE 16 OF 27

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) and/or Service(s) Provided: ____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

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

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

E-Mail Address: __________________________________________________________________________

Product(s) 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: ____________________________________________________

WISCONSIN PAGE 17 OF 27

ATTACHMENT C

Cost Proposal

Proposer Name: ___________________________________________________________________________

Submit original plus one copy (Submit in separate envelope within proposal package)

Lump sum to provide all labor, materials, and fees, to complete all work outlined in the scope of work per proposal terms, conditions, and specifications.

(20 Points)

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

Lowest Cost Proposed

Constant _ X Maximum Points Assigned to Cost = Score

Other Proposed Cost

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

Kenosha County’s CES number is 008-1020421892-06.

WISCONSIN PAGE 18 OF 27

ATTACHMENT D

ETHICS COMPLIANCE NOTICE & ADDENDUM

PUBLIC NOTICE PERTAINING TO ALL REQUESTS FOR PROPOSALS AND BIDS REGARDING KENOSHA COUNTY

POLICY ON ETHICS IN GOVERNMENT

In addition to ethical standards set forth in Wisconsin Statutes Section 19.59 for all County employees and officials [either elected or appointed] Kenosha County has adopted an Ethics Policy that is applicable to County employees in conducting county business. That policy may be reviewed at http://www.kenoshacounty.org/DocumentCenter/Home/View/578

The Ethics Policy is intended to ensure that public trust in Kenosha County government is maintained and that decisions affecting the county and its citizens are made fairly and impartially for the benefit of all citizens and not for personal gain. This policy precludes:

• the misuse or misappropriation of County property or funds for personal use or otherwise,

• use or disclosure of confidential information for personal gain or otherwise,

• elimination of conflicts of interests, receipt of gifts or favors or other considerations of value by County employees,

• the use of the employee’s public position to influence or gain unlawful benefits or to influence or gain advantages or privileges for the employee,

• and the conducting of personal business or campaigning during working hours.

This policy, furthermore, requires employees to disclose and report to the proper authorities any violation of this policy by either other employees or by any nonemployee or citizen seeking to or aiding or abetting in efforts to circumvent this policy. Any employee failing to make such disclosure or report is subject to discipline.

Contracts with Kenosha County also require that any party contracting with Kenosha County also report any violation to either the District Attorney or Corporation Counsel for Kenosha County.

In addition, Wisconsin Statutes Sections, 946.12 involving misconduct in public office and 946.13 involving a private interest in a public contract are considered Class 1 felonies and activity considered in violation of these statutes will be reported to the Kenosha County Sheriff for investigation and the Kenosha County District

Attorney for prosecution.

In submitting a bid or proposal in response to a request for bids or proposals, a party must acknowledge both in this response as well as in any subsequent contract that:

1. The party has read this notice in its entirety, understands its content and agrees to be bound by the provisions herein, and

2. The party knows of no conflicts of interest or appearance of a conflict or appearance of an impropriety on the part of any current or former county official or employee who may have had a role on deciding which proposal or bid will be accepted, and

3. It is acknowledged that it is a crime under sec. 946.13 wis. stats., if any public official or employee shall, in his or her private capacity, negotiate or bid for or enter into a contract in which he or she has a private pecuniary interest, direct or indirect, if at the same time he or she is authorized or required by law to participate in his orher capacity as such officer or employee in the making of that contract or to http://www.kenoshacounty.org/DocumentCenter/Home/View/578

WISCONSIN PAGE 19 OF 27

perform in regard to that contract some official function requiring the exercise of discretion on his or her part, nor shall any official or employee, in his official capacity, participate in the making of a contract in which he or she has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on his or her part. in the event wis.

stat, secs. 946.12 and 946.13 are violated, it is understood that this contract may be voided at the discretion of kenosha county.

4. Question pertaining to conflicts or appearance of an impropriety may be addressed to the office of the Kenosha County Corporation Counsel.

5. Violations are required to be reported, and

6. No attempt has been made by anyone on behalf of the party submitting the proposal or bid to directly or indirectly illegally influence the awarding of a contract by promise of or delivery of any consideration or any thing of value to a current or former county official or employee or family or household member of acurrent or former county official or employee, or in any other manner contrary to law, and

7. Kenosha County prohibits communication relative to this request for proposal or bid by a proposer or bidder with any county elected official or employee prior to the time an award has been made, except as provided for in this request for proposal or bid invitation. violation of this section is grounds for disqualification of the party's proposal.

8. Other than the county representative noted herein, no other employee or representative of Kenosha County is authorized to interpret any portion of the request for proposal or bid or give information as to the requirements of this request or amendment thereto. Bidders are instructed not to contact any other county department or employee regarding this proposal.

9. Written questions will be answered in writing to the proposer requesting a response. Proposer's questions and the county's responses will become a public record, and

10. The parties acknowledge that Kenosha County is a municipal corporation legally bound to comply with the wisconsin open meetings and public records law and that as such, unless otherwise allowed for by law, all aspects of this agreement are subject to open discussion and disclosure and are a matter of public record. It is furthermore agreed to that no party will take any action to obstruct the operation of these laws. If records are created or maintained or in the custody of the provider, as an independent contractor, they, along with the raw data used to create the record, are, nevertheless, public records. Within legal constraints related to confidentiality and privacy protection, such records must be made immediately available to the public upon request and in the format in which they were created. Provider agrees to hold the county harmless and to indemnify the county for all costs, fees, including all attorney fees and judgments and damages of whatever kind for which the county may be held liable due to the provider’s failure to comply with the Wisconsin public records and open meetings laws, or this agreement.

11. That any subsequent finding of a violation of the county’s ethics policy by any party or any agent of any party acting either alone or acting in concert with a current or former Kenosha County official or employee may result, at the sole option of Kenosha County, in any subsequent agreement being declared null and void and / or may result in the party violating this policy being debarred from submitting proposals, bids or contracting with Kenosha County for a specified period of time in the future.

WISCONSIN PAGE 20 OF 27

ETHICS COMPLIANCE ADDENDUM

It is agreed and understood by all parties to this contract that:

1. In addition to ethical standards set forth in Wisconsin Statutes section 19. 59 for all county employees and officials [either elected or appointed] Kenosha county has adopted an ethics policy that is applicable to county employees in conducting county business. That policy may be reviewed at http://www.kenoshacounty.org/DocumentCenter/Home/View/578. It is further understood that all county employees and officials [either elected or appointed] are prohibited from engaging in any criminal conduct contrary to Wisconsin Statutes sections 946.12 involving misconduct in public office and 946.13 involving a private interest in a public contract.

2. This ethics policy is intended to ensure that public trust in Kenosha county government is maintained and that decisions affecting the county and its citizens are made fairly and impartially for the benefit of all citizens and not for personal gain. This policy precludes the misuse or misappropriation of county property or funds for personal use or otherwise, use or disclosure of confidential information for personal gain or otherwise, elimination of conflicts of interests, receipt of gifts or favors or other considerations of value by county employees, the use of the employee’s public position to influence or gain unlawful benefits or to influence or gain advantages or privileges for the employee, and the conducting of personal business or campaigning during working hours.

3. This policy, furthermore, requires employees to disclose and report to the proper authorities any violation of this policy or State Statute by either other employees or by any non-employee or citizen seeking to or aiding or abetting in efforts to circumvent this policy. Any employee failing to make such disclosure or report is subject to discipline. This contract also requires that any party contracting with Kenosha County also report any such violation to either the District Attorney or Corporation Counsel for Kenosha County.

4. By executing this contract, each party certifies that it knows of no conflicts of interest or appearance of a conflict or appearance of an impropriety on the part of any current or former county official or employee who may have had a role on deciding which proposal or bid will be accepted, and

5. By executing this contract, each party certifies that no attempt has been made by anyone on behalf of the party submitting a proposal or bid to directly or indirectly illegally influence the awarding of a contract by promise of or delivery of any consideration or any thing of value to a current or former County official or employee or family or household member of a current or former County official or employee, or in any other manner contrary to law, and

6. The parties acknowledge that Kenosha County is a municipal corporation legally bound to comply with the Wisconsin Open Meetings and Public Records laws and that as such, unless otherwise allowed for by law, all aspects of this agreement are subject to open discussion and disclosure are a matter of public record. It is furthermore agreed to that no party will take any action to obstruct the operation of these laws. If records are created or maintained or in the custody of the provider, as an independent contractor, they, along with the raw data used to create the record, are, nevertheless, public records. Within legal constraints related to confidentiality and privacy protection, such records must be made immediately http://www.kenoshacounty.org/DocumentCenter/Home/View/578

WISCONSIN PAGE 21 OF 27

available to the public upon request and in the format in which they were created. Provider agrees to hold the County harmless and to indemnify the County for all costs, fees, including all attorney fees and judgments and damages of whatever kind for which the County may be held liable due to the provider’s failure to comply with the Wisconsin Public Records and Open Meetings laws.

7. That any subsequent finding of a violation of either the County’s ethics policy or Wisconsin Statutes sections, 19.59, 946.12 and 946.13 by any party or any agent of any party acting either alone or acting in concert with a current or former Kenosha County official or employee may result, at the sole option of Kenosha County, in this agreement being declared null and void and / or may result in the party violating this policy being debarred from submitting proposals, bids or contracting with Kenosha County for a specified period of time in the future.

DATED THIS DAY OF , 20 .

Authorized Signature

Print Name

Title

WISCONSIN PAGE 22 OF 27

ATTACHMENT E DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal # 2409 includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open

Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released

Section #

Page #

Topic / Description

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED

HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF

CONFIDENTIALITY AND AGREES TO HOLD THE COUNTY OF KENOSHA HARMLESS FOR ANY COSTS OR DAMAGES ARISING

OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.

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

Company Name

Authorized Representative

(Signature)

Authorized Representative

(Type or Print)

Date

WISCONSIN PAGE 23 OF 27

ATTACHMENT F -…

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