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Department of Public Works W4097 County Road NN

Elkhorn, WI 53121 www.co.walworth.wi.us

REQUEST FOR BIDS

# 26-025

Kitchen Worktable Replacements for Lakeland Health Care Center and Sheriff’s Office

Schedule of Events:

Bid Documents Issued: June 4, 2026 Pre-Bid Meeting: June 17, 2026 1:00 p.m.

Final Questions: June 19, 2026 3:00 p.m.

Final Addendum: June 23, 2026 Bids Due: June 29, 2026 1:00 p.m.

Anticipated Award: July 20, 2026 Project Completion: December 31, 2026

Contact Information:

Purchasing Agent: Carolyn Holt, Senior Buyer

Prepared by:

Walworth County Department of Public Works Drawings and Specifications by Stewart Design Associates, Inc http://www.co.walworth.wi.us/ http://www.co.walworth.wi.us/

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SECTION 00 01 10

TABLE OF CONTENTS

- Drawings

END OF SECTION

INTRODUCTORY INFORMATION

00 00 01 – Cover Sheet 00 01 10 – Table of Contents

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 16 – Invitation to Bid 00 21 13 – Instructions to Bidders 00 25 13 – Pre-Bid Meeting 00 25 20 – Bid Opening Teleconference 00 41 13 – Bid Form and Qualification Statement - Electronic Only 00 43 10 - Substitution Request Form 00 43 36 - List of Subcontractors 00 52 60 – Sample Contract – Goods and Services Agreement 00 61 10 - Bid Bond 00 72 15 – Standard Terms and Conditions – Walworth County 00 73 16 – Insurance Requirements

DIVISION 01 GENERAL REQUIREMENTS

01 10 00 – General Project Requirements

DIVISION 11 EQUIPMENT

11 40 00 – Foodservice Equipment

APPENDIX

43 1 43 3 q

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This Page Intentionally Left Blank

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SECTION 00 11 16

INVITATION TO BID

GENERAL: Walworth County, Wisconsin will receive sealed bids for Kitchen Worktable Replacements:

Lakeland Health Care Center and Sheriff’s Office until 1:00 p.m. local time, Monday, June 29, 2026.

Sealed bids will be received electronically through Walworth County’s Bonfire Portal. Shortly after the time of deadline, a virtual bid opening will be conducted, and sealed bids will be publicly opened and recorded by Purchasing staff. Bids must be received, date and time stamped by Walworth County Purchasing on or before the deadline. Late responses will not be accepted. This solicitation is two separate projects combined into one request for bid.

BIDDING DOCUMENTS: All Walworth County solicitations are posted on Walworth County’s Bonfire Portal website at https://walworthcountywi.bonfirehub.com. Bidders may register for an account with Bonfire at no charge.

NOTE: Walworth County will make no attempt to contact vendors with updated information. It is the responsibility of each vendor to periodically check the website for any and all notifications, releases, and amendments associated with this solicitation.

SCOPE OF WORK: This bid solicitation is for furnishing and installing up to five (5) stainless steel kitchen worktables of varying dimensions to replace existing. Worktables may contain built-in sinks, spray and fill assemblies, electric heaters, and disposals. All equipment removal and disposal, electrical, and plumbing are listed as an alternate bid to be selected at the County’s discretion. The kitchen worktables will be installed at the Walworth County Sheriff’s Office at 1770 County Rd NN, Elkhorn, WI 53121 and the Walworth County Lakeland Healthcare Center at 1922 County Rd NN, Elkhorn, WI 53121.

PRE-BID MEETING: One pre-bid meeting for this project will be held at 1:00 p.m. local time, Wednesday, June 17, 2026. Interested parties should meet in the lobby of the Sheriff’s Office at 1770 County Rd NN, Elkhorn, WI 53121. Afterwards, the walkthrough will proceed to Lakeland Healthcare Center at 1922 County Rd NN, Elkhorn, WI 53121. Attendance is not mandatory.

BIDDER QUALIFICATIONS: Bidder shall meet the following minimum requirements before award of any contract:

1) Maintains a permanent place of business.

2) Has the ability to obtain the required Insurance and Bonding (if applicable) for the project.

3) Has a successful record of completing projects on time and on budget.

4) Has adequate equipment to do work properly and expeditiously.

5) Has a suitable financial status to meet obligations incidental to work.

6) Has appropriate technical experience.

PROJECT COMPLETION:

Substantial Completion: December 31, 2026

END OF SECTION

https://walworthcountywi.bonfirehub.com/

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00 21 13 - 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1. PART 1 GENERAL

1.01 EXAMINATION OF BIDDING DOCUMENTS

A. All bidders submitting bids for this work shall first examine the site and all conditions that may affect bidding. Bidders shall take into consideration all such conditions as may affect work under this Contract.

B. The bidder is required to carefully examine the work site, plans and specifications, project manual, general conditions, contract and bond (where applicable), all as herein contained and known as the bid documents for the work contemplated. It will be assumed that the bidder has investigated and is satisfied as to the requirements of the bid documents. It is mutually agreed that the submission of a bid shall be considered as conclusive evidence that the bidder has made such examination and is satisfied as to all the conditions and contingencies.

C. No pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this specification, as a result of failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the bidding Contractor to fulfill, in every detail, all of the requirements of the bid documents, or will be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

D. Drawings and Specifications included herein are representative and typical of the quality and type of construction for the Project.

E. In the bidding process the Contractor shall assume the same quality and level of detail in areas of the building not specifically shown or detailed.

F. All labor, equipment, parts, items, details of services or features not specifically mentioned which are regularly furnished in order to complete this type of purchase/work will be furnished at bid pricing and shall conform in quality, workmanship, and service to that usually provided by the practice as specified in this Project Manual.

G. Should bidder have any questions or find discrepancies or ambiguities in Drawings or Specifications or should there be doubt as to their meaning, bidder shall notify the Buyer at once who will send a written addendum to all bidders. Buyer will not be responsible for any oral instructions.

H. If any errors or omissions appear in Drawings, Specifications, or other documents, bidder shall notify Buyer prior to submitting bid. Should conflict occur in or between Drawings and Specifications, bidding Contractor is deemed to have estimated the more expensive way of doing the work unless bidding Contractor shall have asked for and obtained a written decision before submission of bids as to which method or materials will be required.

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1.02 INQUIRIES – SINGLE POINT OF CONTACT:

A. All communications concerning the solicitation must be submitted in writing using the “Messages” feature under this Project in Bonfire at https://walworthcountywi.bonfirehub.com. Unless otherwise noted, questions must be received no later than the date stated in the solicitation.

1.03 OTHER MANUFACTURERS AS APPROVED BY OWNER (where applicable)

A. Owner will consider substitutions for other manufacturer’s material, product, or equipment only when such requests are submitted no less than ten (10) days prior to bid due date

B. Approved substitutions will be declared by Addendum.

C. The decision of Owner is final concerning all products, materials, equipment, or other approvals.

D. If no additional products have been submitted for approval and approved, as described herein, the specified product(s) must be provided.

1.04 ADDENDA

A. Addenda will be posted to the project at https://walworthcountywi.bonfirehub.com/

B. Addenda will be issued no later than five (5) days prior to the date for receipt of Bids except an Addendum canceling the project or one which includes postponement of the date for receipt of Bids.

C. Bidders shall acknowledge receipt and incorporation of all addenda. Any addenda issued during the time of bidding shall be included with the bid, and in executing a contract they will become a part thereof. Contact with any other party or attempts by bidders to contact any other party may result in the rejection of their bid.

1.05 REQUIRED ALTERNATE BIDS (Where Applicable)

A. In the space provided on the Bid Form, indicate the amount to be added or deducted from the Base Bid to provide the Alternates listed.

B. Alternate Bids under this Contract and are for the Owner's consideration. Owner reserves the right to accept or reject any or all Alternate Bids. Alternate Bids shall not be considered in determination of the low bidder.

1.06 TAXES

A. Unless otherwise specified, bid price includes all federal, state, and local taxes which are applicable to the Work. The Owner asserts to be exempt from payment of State sales and use taxes and reserves the right to implement the Owner’s state sales tax exemption procedure. The Bidder shall exclude all State sales and use tax, pursuant to sed. 77.54 (9m), Wis. Stats., from their bid. Contractor(s) shall properly document sales-https://walworthcountywi.bonfirehub.com/ https://walworthcountywi.bonfirehub.com/ https://walworthcountywi.bonfirehub.com/

00 21 13 - 3 exempt transactions utilizing the appropriate Wisconsin Sales and Use Tax Exemption Certificate(s).

1.07 PREPARATION OF BIDS

A. Bids shall be submitted on the forms included with the Bidding Documents.

B. Unit Price to Prevail: In the event of a price disparity between the unit and extended price, the unit price shall prevail unless judged obviously in error by the Owner.

C. All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change."

D. Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

E. Bid shall be submitted in Bonfire by the person or persons legally authorized to bind the Bidder to a contract, or the person or persons authorized to submit a bid on their behalf.

1.08 BID BOND / DEPOSIT

A. Bid Bond payable to the Owner in the amount of not less than five percent (5%) of the total bid shall accompany each bid as a guarantee that if the bid is accepted, bidder will execute the proposed contract and file the required bonds (where applicable) within ten

(10) days after being notified of the award of contract. Bid Bond must be issued by a company licensed to do business in the State of Wisconsin.

B. If successful bidder files contract and bond, Bid Bond will be returned. If successful bidder fails to file such Contract and Bond, Bid Bond shall be forfeited to Owner as liquidated damages.

C. All certified check deposits, except those of two (2) lowest bidders, will be returned to their makers within ten (10) days after bid opening. Check deposits of two (2) lowest bidders will be returned upon signing of Contract and furnishing of Bond by successful bidder.

D. Bids and Bid Security shall remain valid for a period of 60 days from date of bid opening.

1.09 SUBMISSION OF BIDS - ELECTRONIC

A. Owner will only accept electronic submittals in response to this solicitation. All bids must be submitted electronically using Walworth County’s Bonfire Portal by the time and in the manner prescribed. Bonfire will serve as the bid collection destination.

B. Electronic Submission of Bids through Bonfire at https://walworthcountywi.bonfirehub.com/

C. Bids received after the time and date for receipt of Bids will be not be accepted.

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D. Bidder shall assume full responsibility for timely electronic delivery of Bids.

E. Oral, telephonic, facsimile, email or other electronically transmitted bids will not be considered and will be rejected.

1.10 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

B. Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing to the buyer listed on the cover page.

C. Bids requiring modification shall be withdrawn.

D. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids if they are then fully in conformance with these Instructions to Bidders.

1.11 OPENING OF BIDS

A. At the discretion of the Owner, if stipulated in the Invitation to Bid, the properly identified Bids received on time will be publicly opened by the Owner as stated in the Invitation to Bid, Section 00 11 16.

B. Owner will receive sealed bids in the manner prescribed in the Invitation to Bid Section 00 11 16.

1.12 REJECTION OF BIDS

A. The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

1.13 SUB-CONTRACTS

A. Upon request, Bidder shall submit a complete list of all Sub-Contractors to be used on the project for Owner’s review. Submit the list to the Owner within two (2) days after request.

1.14 AWARD OF CONTRACT

A. It is the intent of the Owner to award a Contract to the lowest cost, responsive, qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. The Owner reserves the right to request additional information to verify qualifications.

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B. Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the work, together with samples, which may be subjected to tests provided for in these specifications to determine their quality and fitness for the work.

C. The contract shall be deemed as having been awarded when formal recommendation of award has been approved by the appropriate County Committee or Board having the authority to make such approval.

D. The final agreement shall be made in the form of a Contract drafted by the Owner and executed by the Owner and the bidding Contractor(s).

1.15 DESIGN CLARIFICATIONS AFTER CONTRACT

A. The Drawings and Specifications included herein are representative and typical of the quality and type of construction for the Project.

B. In the bidding process the Contractor shall assume the same quality and level of detail in areas of the building not specifically shown or detailed.

C. When questions arise during construction relating to items not detailed on the architectural or engineering drawings, the Contractor shall submit a Request for Information (RFI) document and explanatory drawing or statement illustrating what the Contractor is questioning for design intent. The Request for Information (RFI) shall be submitted to the Architect for review.

D. If Contractor has failed to completely review the Drawings and the Project Manual for the subject answer submitted via the Request for Information (RFI), and the information is clearly identified on the Drawings or in the Project Manual determined by the Architect or Engineer, the Contractor will be subject to reimburse the Architect or Engineer for the time spent verifying and confirming the condition of the Request for Information (RFI).

1.16 PAYMENT

A. The County will not pay deposits or down payments on materials under this contract.

The County may, upon written request, grant the contractor an estimate of the amount of material properly delivered and stored, which shall entitle the contractor to receive the amount thereof, less retainage

B. The County, on a monthly basis, shall grant to the contractor an estimate of the amount and proportionate value of the work done which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund.

1.17 RETAINAGE

A. The County reserves the right to withhold a retainage on progress payments in an amount equal to not more than 5 percent (5%) of said payment until 50 percent of the work has been completed. At 50 percent (50%) completion, no additional amounts will be retained

END OF SECTION

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SECTION 00 25 13

PRE-BID MEETING

1. PART 1 GENERAL

1.01 OPTIONAL PRE-BID MEETING

A. One Pre-Bid meeting will take place at 1:00 p.m. (local time) on Wednesday, June 17, 2026, for the purpose of Contractors, Subcontractors and Suppliers to examine the project site. Project-related questions will be discussed, and a tour of the work area(s) will be conducted.

B. Interested parties should meet in the lobby of the Sheriff’s Office at 1770 County Rd NN, Elkhorn, WI 53121.

Afterwards, the walkthrough will proceed to Lakeland Healthcare Center at 1922 County Rd NN, Elkhorn, WI 53121.

C. Interested parties are reminded to review all bid documents, plans, specifications, etc. prior to the pre-bid meeting.

D. Attendance is not mandatory.

E.

Consultant and Owner will be in attendance.

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SECTION 00 25 20

BID OPENING TELECONFERENCE

1. PART 1 GENERAL

1.01 PUBLIC BID OPENING

A. No in-person bid openings for Public Works projects will be conducted in Walworth County.

B. Vendors may participate in the public bid opening for this project as described in this Section.

C. The bids opened and read are considered preliminary and subject to review and verification of applicable bid requirements. Contract(s) will be awarded to the lowest responsive, responsible bidder unless stated otherwise in the request for bids.

1.02 INSTRUCTIONS FOR PROJECT 25-083

The County will host this bid opening on Monday, June 29, 2026, at 1:15 p.m. (local time) via Microsoft Teams.

Interested participants may attend electronically via the live stream video conference or may participate by using the audio-only option provided herein.

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/28168983376784?p=JuxcmvzLUeMwzjYqWM Meeting ID: 281 689 833 767 84 Passcode: W2Yq3PL9

Need help? | System reference Dial in by phone +1 414-219-0219,,66374070# United States, Milwaukee Find a local number Phone conference ID: 663 740 70# For organizers: Meeting options | Reset dial-in PIN https://teams.microsoft.com/meet/28168983376784?p=JuxcmvzLUeMwzjYqWM https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZmMWZmYmYtYWU5MC00MmRjLWExZjEtZTVmZTkxM2MxZGEy%40thread.v2/0?context=%7b%22Tid%22%3a%22abdd0c04-3909-4e20-bbcb-7b8a0283a1af%22%2c%22Oid%22%3a%22939d1ba8-63e9-413e-b4fe-007a47b39856%22%7d tel:+14142190219,,66374070 https://dialin.teams.microsoft.com/3545793f-3d5d-4816-a86c-5b26c488d908?id=66374070 https://teams.microsoft.com/meetingOptions/?organizerId=939d1ba8-63e9-413e-b4fe-007a47b39856&tenantId=abdd0c04-3909-4e20-bbcb-7b8a0283a1af&threadId=19_meeting_ZmZmMWZmYmYtYWU5MC00MmRjLWExZjEtZTVmZTkxM2MxZGEy@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

00 41 13 - 1

SECTION 00 41 13

BID FORM AND QUALIFICATION STATEMENT

**To be completed electronically in Bonfire**

26-025 Kitchen Worktable Replacements for Lakeland Health Care Center and Sheriff's Office

00 41 13 - 2

00 43 10 - 1

SECTION 00 43 10

SUBSTITUTION REQUEST FORM

00 43 10 - 2

SECTION 00 43 36

LIST OF SUBCONTRACTORS

26-025 Kitchen Worktable Replacements for Lakeland Health Care Center and Sheriff's Office

SECTION 00 52 60

SAMPLE CONTRACT FOR GOODS AND SERVICES

Walworth County Goods and Services

Contract

Project Number:

Goods and/or services to be provided:

Contract Period:

MM/DD/YYYY – MM/DD/YYYY with the option to renew the Contract for ENTER NUMBER OF YEARS IN WORDS AND NUMBERS years OR MM/DD/YYYY through final project completion and acceptance.

Contract Amount: $ County:

Organization Name: Walworth County

Address:

100 West Walworth Street Elkhorn, WI 53121

Walworth County Point of Contact: Name of person responsible for managing contract

Telephone: 262-741-XXXX

Cell:

E-mail: XXXX@co.walworth.wi.us

Contractor:

Organization Name:

Address:

Contractor Point of Contact:

Name of person responsible for activities of contract

Telephone:

Cell:

E-mail:

Goods and Services Contract

WALWORTH COUNTY REV. 04/24

Approved ________ Enacted 10/2017

PURCHASE OF GOODS AND/OR SERVICES CONTRACT

Parties This Contract is between Walworth County whose business address is, 100 West Walworth Street, Elkhorn, WI 53121, hereinafter referred to as the County, and Vendor Name whose business address is Vendor Address hereinafter referred to as Contractor.

This Contract sets forth the responsibilities, time and cost of goods and/or services provided by Contractor.

Article 1 – Goods and/or Services to be Provided

Section 1.1 Goods and/or Services to be Provided The County and Contractor agree that the Contractor will provide INSERT BRIEF DESCRIPTION OF

SERVICES TO BE PROVIDED.

at the following location(s):

ENTER NAME AND ADDRESS OF LOCATION(s)

Goods and services shall be provided in accordance with the County’s Request for Bid/Proposal for Description of Goods and Services and the bid/proposal submitted by Contractor which are attached as the following exhibits and made a part of this Contract.

Exhibit A – Walworth County Request for Bid/Proposal for Description of Goods and Services Exhibit B – Bid/Proposal from [Enter Contractor Name]

Article 2 – Term

This Contract is to be effective for the period MM/DD/YYYY through MM\DD\YYYY with the option to renew the Contract for ENTER NUMBER OF YEARS IN WORDS AND (NUMBERS) years under the same terms and conditions upon mutual agreement. OR Upon execution of Contract through final project completion and acceptance.

Article 3 – Performance

Section 3.1 Regulations The Contractor agrees to comply with all the requirements of all applicable federal, state, and local laws.

Section 3.2 Inability to Provide Quality or Quantity of Goods and/or Services The Contractor shall notify the County immediately in writing and deliver in person or by registered mail whenever it is unable to provide the required quality or quantity of the goods and/or services. Upon such notification, the County and Contractor shall determine whether such inability will require a revision or termination of this Contract. (See Article 15 “Revision or Termination of this Contract.”)

Section 3.3 Remedies In the event Contractor fails to provide goods/services or creates errors that result in the County being obliged to perform required services, if any, the County will be reimbursed the total cost of the County employees’ wages including benefits and all other costs directly incurred by the County for corrective actions taken.

Approved ________ Enacted 10/2017

Section 3.4 Documentation of Quality and Quantity of Goods and/or Services The Contractor shall retain all documentation necessary to adequately demonstrate the time, cost, duration, location, scope, quality and effectiveness of goods and/or services rendered under the Contract. The County reserves the right to not pay for units of goods and/or services reported by the Contractor that are not supported by documentation required under this Contract.

Section 3.5 Standards for Performance in Delivery of Goods and/or Services The County will monitor the Contractor’s performance and will use the results of this monitoring to evaluate the Contractor’s ability to provide adequate goods and/or services to the County. If the Contractor fails to meet contract goals and expected results, the County may reduce or terminate the Contract immediately.

Section 3.6 Force Majeure Neither party shall be in default by reason of any failure in the 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.

Article 4 – Payment and Allowable Costs

Section 4.1 Amount Paid Under Contract The maximum payment under this Contract is $______________ per (hour, month, year, etc.) pursuant to Exhibit ___. Actual total payment will be based upon the amount of goods and/or services authorized by the County and the amount of goods and/or services performed by Contractor. It is understood and agreed by all parties that the County assumes no obligation to purchase from the Contractor any minimum amount of goods and/or services as defined in the terms of this Contract.

Section 4.2 Invoicing and Payment The Contractor will invoice the County pursuant to this agreement. All invoices are to be mailed to Walworth County Finance Department – Accounts Payable Division, 100 West Walworth Street, Elkhorn, WI 53121 or emailed to apsupport@co.walworth.wi.us . Unless otherwise agreed, Walworth County will pay properly submitted vendor invoices within forty five (45) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on a purchase order, if a purchase order is issued with this contract. Walworth County’s preference is to pay for goods/services on procurement card (P-card). However, if P-card is unacceptable, payment will be made in accordance with the above.

Section 4.3 Reimbursement of Expenses The County is not liable to Contractor for any expenses paid or incurred by Contractor unless otherwise agreed in writing.

Section 4.4 Taxes The Contractor understands that they are responsible for all applicable taxes. Neither federal, nor state, nor local income tax nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Contractor or any employees of the Contractor. The Contractor shall provide the Walworth County Department of Finance with a federal employer identification or social security number to allow for proper reporting to federal tax authorities.

Section 4.5 Payment in Excess of Earned Amount The Contractor shall return to County any funds paid in excess of the amount earned under this Contract within 90 days of the end of the Contract period. If the Contractor fails to return funds paid in excess of the amount

Approved ________ Enacted 10/2017 earned, the County may recover the excess payment from subsequent payments made to the Contractor or through other collection means.

Article 5 – Confidentiality

Section 5.1 Confidentiality Contractor acknowledges that the information disclosed during the performance of this Contract is confidential and/or proprietary to the County. Such information shall not be disclosed to third parties without written consent from the County.

Contractor shall establish and maintain procedures and controls for the purpose of assuring that no information in its records or information obtained from the County or from others in carrying out its function is disclosed.

The County reserves the right to review such procedures to ensure acceptability to the County. Any person(s) requesting information should be referred directly to the County.

Section 5.2 Contract Not Confidential Except for documents identified as an exception to Wis. Stat. s. 19.36(3), the Contract and all related documents are not confidential.

Section 5.3 Promotional Advertising Reference to or use of Walworth County, any of its departments, or sub-units or any County official or employee for commercial promotion is prohibited.

Article 6 – Conflict of Interest

The Contractor shall ensure the establishment of safeguards to prevent employees, contractors, or members of the board from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties.

Article 7 – Debarment and Suspension

The Contractor certifies through signing this Contract that neither the Contractor nor any of its principals are on the state or federal government list of debarred contractors with the effective dates during this Contract. In addition, the Contractor shall notify the County within (5) five business days in writing and send by registered mail if the Contractor or its principals receive a designation from the state or federal government that they are debarred, suspended, proposed for debarment, or declared ineligible by a state or federal agency. The County may consider suspension or debarment to be cause for implementing high-risk contract provisions under Article 16 “Special conditions for high-risk contract” or for revising or terminating the Contract under Article 15 “Revision or termination of this Contract.”

Article 8 – Authorization

The Contractor shall deliver prior authorized goods and/or services only to individuals who have been determined eligible to receive goods and/or services. Individuals to receive the goods and services shall be determined by the County.

Article 9 – Independent Contractor

Section 9.1 Independent Contractor Nothing in this Contract shall create a partnership or joint venture between the County and the Contractor. The Contractor is at all times acting as an independent contractor and is in no sense an employee, agent or

Approved ________ Enacted 10/2017 volunteer of the County. Contractor is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plan of the County.

Section 9.2 Contract Not Assignable This Contract is not assignable, in whole or in part, by County or Contractor without written consent of Walworth County.

Section 9.3 Sub-Contracting Contractor agrees that no sub-contract with a third party, for all or any part of Contractor’s responsibilities identified in this Contract, may be entered into without prior written approval of the County. County agrees not to withhold approval for Contractor to sub-contract, provided the sub-contractor abides by the terms and conditions of this Contract. Regardless of the participation of an approved sub-contractor, Contractor agrees to retain primary responsibility for the fulfillment of its obligations under this Contract. Contractor shall be fully responsible to the County for the acts and omissions if his subcontractors and/or persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by the Contractor.

Section 9.4 No Authority to Bind County Contractor has no authority to enter into contracts on behalf of County. This Contract does not create a partnership between the parties.

Section 9.5 No Construction All terms and conditions included in this Contract are understood as NO CONSTRUCTION AGAINST ANY PARTY. This Contract is the product of informed negotiations between the County, the parties, all of whom are acknowledged to have been represented by competent and informed counsel. If any part of this Contract is deemed to be unclear or ambiguous, it shall be construed as if it were drafted jointly by all parties.

Article 10 – Indemnity and Insurance

Section 10.1 Indemnity To the proportional extent the Contractor is negligent, Contractor agrees that it will, at all times during the existence of this Contract, indemnify the County, its officers, agents and employees against any and all liability, including claims, demands, damages, actions or causes of actions; together with any and all losses, costs or expense, including attorney fees, where such liability is founded upon or grows out of the acts, errors or omissions of the Contractor, its employees, agents or subcontractors. However, the provisions of this paragraph shall not apply to liabilities, losses, charges, costs or expenses caused by the County.

Section 10.2 Insurance The Contractor agrees that, in order to protect itself as well as the County under the indemnity provision set forth in the above paragraph, the Contractor will at all times during the terms of this Contract keep in force a liability insurance policy issued by a company authorized to do business in the State of Wisconsin and licensed by the Office of the Commissioner of Insurance. Such insurance shall be primary. The types of insurance coverage shall be pursuant to Exhibit A.

The County reserves the right to increase, decrease and/or add additional insurance if necessary.

The Contractor acknowledges that its indemnification liability to the County is not limited by the limits of this insurance coverage.

In the event of any action, suit, or proceedings against the County upon any matter indemnified against, the County shall notify the Contractor by registered mail within five business days.

Approved ________ Enacted 10/2017

Article 11 – License, Certification, and Staffing

Section 11.1 License and Certification The Contractor shall meet local, state and federal service standards and applicable state training, licensure and certification requirements as expressed by local, state and federal rules and regulations applicable to the goods and/or services covered by this Contract.

The Contractor shall attach copies of its license or certification document and the most recent licensing or certification report concerning the Contractor to this Contract when returning the signed Contract to the County. During the Contract period, if applicable, the Contractor shall also send the County copies of any licensing inspection reports within 5 business days of receipt of such reports.

Section 11.2 Staffing The Contractor shall ensure that staff providing goods and/or services are properly supervised and trained and that they meet all of the applicable licensing and certification requirements.

Section 11.3 Safety Requirements All material, equipment and supplies provided to the COUNTY must comply with all safety requirements as set forth by the Wisconsin Administration Code, Rules of the Industrial Commission on Safety and all applicable OSHA standards.

Section 11.4 Regulations Contractor agrees to comply with all the requirements of all applicable federal, state and local laws.

Article 12 – Records

Section 12.1 Ownership All deliverables and /or other products of this Contract (including but not limited to all procedures, solicitation packages, reports, records, summaries and any other matter and materials prepared by Contractor in performance of this Contract) will be the sole, absolute and exclusive property of County, free from any claims or retention of rights, thereto on the part of Contractor, its agents, subcontractor, officers or employees.

Section 12.2 Maintenance of Records The Contractor shall maintain and retain such records and financial statements as required by state and federal laws, rules, and regulations.

Section 12.3 Examination of Records The County shall at any time during normal business hours, upon reasonable notice, have access to and the right to examine, audit, transcribe, and copy, on Contractor’s premises, any of the Contractor’s records and computer data storage media involving transactions directly pertinent to this Contract. If the material is on computer data storage media, the Contractor shall provide copies of the data storage media or a computer printout of such if the County so requests. Any charges for copies of books, documents, papers, records, computer data, storage media or computer printouts provided to the County shall not exceed the actual cost to the Contractor. This provision shall survive the termination, cancellation or expiration of this Contract.

Article 13 – Reporting

The Contractor shall comply with the reporting requirements of the County. All reports shall be in writing and, when applicable, in the format specified by the County. All reports shall be supported by the Contractor’s records. All reports shall be hand delivered to the County, sent by secure e-mail, or sent to the County via registered mail at the address listed in this Contract, if required.

Approved ________ Enacted 10/2017

Article 14 – Resolution of Disputes

Section 14.1 Appeal The Contractor may appeal decisions of the County in accordance with the terms and conditions of the Contract and Wis. Stats Chapter 68.

Section 14.2 Choice of Law Any dispute under this Contract or related to this Contract shall be decided in accordance with the laws of the State of Wisconsin and venue for any legal action between parties shall be in Walworth County Circuit Court.

Article 15 – Revision or Termination of this Contract

Section 15.1 Cause for Revision or Termination of this Contract Failure to comply with any part of this Contract may be considered cause for revision or termination of this Contract. County may terminate this Contract at any time immediately for good cause. The County may permit the Contractor a reasonable amount of time to cure a breach of the terms of this Contract, if the breach is amenable to a cure. County shall not unreasonably withhold such permission.

Section 15.2 Amendments All changes that are mutually agreed upon by and between the County and the Contractor, including any increase or decrease in the amount of the Contractor’s compensation, shall be in writing and designated as written amendments to this Contract.

Section 15.3 Severability If any part of this Contract shall be held unenforceable, the rest of this Contract will nevertheless remain in full force and effect.

Section 15.4 Termination of this Contract Either party may terminate this Contract by a 90-day written notice to the other party. The parties shall deal with each other in good faith during the 90-day period after notice of intent to terminate has been given.

In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other materials related to the services prepared by the Contractor under this Contract shall, at the option of the County, become the property of the County.

Upon termination, the County’s liability shall be limited to the costs incurred by the Contractor up to the date of termination. If the County terminates the Contract for reasons other than non-performance by the Contractor, the County may compensate the Contractor for its actual allowable costs in an amount determined by mutual agreement of both parties. If the County terminates the Contract for the Contractor’s breach, the Contractor may be liable for any additional costs the County incurs for replacement goods and/or services and the County may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the County from the Contractor is determined.

Article 16 – Special Provisions for High-Risk Contract

During the course of the Contract, the County may determine that this Contract is high risk as a result of evaluating the Contractor’s performance or other factors. Determination of high risk status could result in County unilaterally implementing the following changes:

a. Modifying the payment method to a cost reimbursement basis;

b. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period;

c. Requiring additional, more detailed financial reports;

Approved ________ Enacted 10/2017

d. Performing additional project monitoring;

e. Requiring the Contractor to obtain technical or management assistance;

f. Establishing additional prior approvals; or

g. Other conditions that the County considers appropriate considering the circumstances.

The Contractor may appeal these changes under Article 14 “Resolution of Disputes,” or it may request renegotiation of the Contract or give notice of termination of the Contract under Article 15 “Revision or Termination of this Contract.”

Article 17 – 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 Wis. Stats. s. 51.01 (5), sexual orientation as defined in Wis. Stats., s.111.32 (13m), or national origin. This provision shall include, but not be limited to the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities. Failure to comply with the conditions of this clause may result in the Contractor(s) becoming declared an ineligible Contractor, termination of the Contract, or withholding of payment.

Signatures

This Contract becomes null and void if the time between the County’s authorized representative signature and the Contractor’s authorized representative signature on this Contract exceeds sixty days.

For County Walworth County Typed Name: Jessica Conley/Vanessa Mann Title: Finance Director/Purchasing Manager

Signature:

Date:

For Contractor

Typed Name:

Title:

Signature:

Date:

00 61 10 -1

SECTION 00 61 10

BID BOND

Attached hereto, and made a part hereof, by reference, is the document entitled "Affidavit and Statement on Plans and Specifications" required by Section 66 of the Wisconsin Statutes.

Accompanying this proposal is a (Bid Bond or Certified Check) in the

Amount of DOLLARS and CENTS

($ ) being 5% of the bid amount as required by the invitation to bid.

It is hereby expressly agreed that Walworth County has the right to reject any and all bids.

Bidders should not add any conditions or qualifying statements to this proposal, or otherwise, the proposal may be declared irregular as being not responsive to the Invitation to Bid.

I hereby certify that all statements herein are made on behalf of:

(Name of corporation, partnership, or person submitting bid)

1) a corporation organized and existing under the laws of the state of:

2) a partnership consisting of:

3) as an individual trading as:

; of the city of

; state of

(Contractor)

(Seal)

00 61 10 -2

WITNESS:

(name of Principal) (name of Surety)

(authorized signature) (signature of Attorney-in-fact)

(name of signatory) (name of Attorney-in-fact)

(Date of Attorney-in-fact Signature)

00 61 10 -3

00 72 15 - 1

SECTION 00 72 15

STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

DOCUMENTS

By reference, the Standard Terms of Walworth County are made a part of this document.

DOCUMENT AVAILIBILITY

Standard Terms and Conditions are available in a PDF format on the internet, under the Purchasing Division Link of the Walworth County Home Page, or directly at the following web address:

https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF

Documents are also available, upon request, through the Walworth County Purchasing Department at (262) 741-7267.

There is no charge for documents.

END OF SECTION

https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF

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00 73 16 - 1

SECTION 00 73 16

INSURANCE REQUIREMENTS

1.01 Contractor shall furnish County with Certificate of Insurance indicating proof of the following insurance from companies licensed in the State of Wisconsin:

A. Workers Compensation and Employers' Liability - The Contractor shall procure and maintain during the life of this contract Workers’ Compensation insurance with a minimum limit as required by Wisconsin Statutes. The Contractor shall also carry Employers Liability limits of at least $100,000 Each Accident, $100,000 Disease – Each Employee, and $500,000 Disease – Policy Limit. Contractor shall require all subcontractors not protected under its insurance to take out and maintain such insurance throughout the project term.

B. Commercial General Liability - with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate combined single limit for bodily injury and property damage liability. The County reserves the right to require higher or lower limits where warranted.

1) If excavating, underground or collapse is involved, the limits of liability stated above shall be increased to $2,000,000 per occurrence.

2) If Asbestos and/or hazardous materials are involved, the limits of liability stated above shall be changed to $5,000,000 per occurrence.

3) This insurance shall include, but is not limited to, the following coverage:

a) Premises – Operations

b) Products and Completed Operations

c) Personal and Advertising Injury

d) Contractual Liability

e) Underground, Explosion, and Collapse

f) Contractor’s indemnity obligations under this contract

4) This insurance must not include the following:

a) Any exclusion for water intrusion or water damage

b) Any exclusion of coverage relating to earth subsidence or movement

c) Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation)

d) Any limitation or exclusion based on the nature of Contractor’s work

e) Any limitation or exclusion for damages arising from the work performed by a subcontractor

f) Any limitation or exclusion for damages related to roofing, if the work involves roofing

g) Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in to ISO form CG 00 01

C. Automobile Liability – with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate combined single limit for bodily injury and property damage liability. This insurance shall include coverage for all of the following:

1) Owned Automobiles

2) Hired Automobiles

3) Non-Owned Automobiles

D. Umbrella or Excess Coverage – Umbrella or Excess Coverage may be used in combination with the required primary coverage in (A.) through (C.) to meet the minimum insurance limits that are specified in this section, provided such insurance result in the same or greater coverage as the coverages required. In no event shall any Umbrella or Excess insurance provide narrower

00 73 16 - 2 coverage than the primary policy. The Excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

E. Property Insurance – Contractor is responsible for obtaining or maintaining any other insurance deemed necessary, such as property or inland marine, to cover any property or equipment that is owned or rented by the Contractor and used within the scope of this project.

1.02 If any insurance specified above is a claims-made policy, the retroactive date must pre-date the commencement of furnishing any service under this contract, including design. An Extended Reporting Period, or “tail” coverage, must be provided for at least 2 years following completion of the work.

1.03 Walworth County shall be named as additional insureds under the Contractor’s Commercial General Liability, Automobile Liability, Employer’s Liability, and Umbrella or Excess, if applicable, policies.

Walworth County shall be listed as, “Walworth County, its employees, elected officials, representatives, members of its boards and/or commissions.”

1.04 Unless prohibited by law, Walworth County shall be provided a waiver of subrogation by endorsement to the Commercial General Liability, Automobile Liability, Workers’ Compensation, Employer’s Liability, Contractor’s Pollution, and Umbrella or Excess Insurance.

1.05 Contractor’s insurance shall provide a thirty (30) day notice to the County prior to cancellation or material policy change. The notice shall be given to Walworth County Purchasing, Department of Public Works, W4097 County Road NN, Elkhorn, Wisconsin 53121. NOTE: Standard Cancellation Clause on a Certificate of Insurance is not acceptable. Upon receipt of notice from insurer, Owner shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.