Crushed_Aggregate_-_County_Projects_(2025).pdf

REQUEST FOR BID

2025-RFB-016

CRUSHED AGGREGATE - COUNTY PROJECTS (2025)

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: February 13, 2025

DEADLINE FOR QUESTIONS: March 6, 2025

RESPONSE DEADLINE: March 13, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR BID

Crushed Aggregate - County Projects (2025)

I. Introduction II. Bid Specifications

III. Vendor Questionnaire IV. General Guidelines V. Standard Terms and Conditions

Attachments:

A - 25016-Crushed Aggregate- County Projcets

Request For Bid #2025-RFB-016 Title: Crushed Aggregate - County Projects (2025)

1. Introduction

1.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid response for crushed aggregate - county projects.

The County intends to use the results of this process to award a contract(s) or issuance of purchase order for the product(s) and or services(s) stated above.

1.2. Contact Information

Direct all inquiries to:

Hazel Schuster

Purchasing Officer

210 Martin Luther King Jr Blvd

Madison, WI 53703

Email: schuster.hazel@countyofdane.com

Phone: (608) 896-3861

Department:

Highway & Transportation

1.3. Timeline

Desired Bid Release Date February 13, 2025

Vendor Question Submission Deadline March 6, 2025, 4:00pm

Question Response Deadline March 8, 2025, 4:00pm

Proposal Submission Deadline March 13, 2025, 2:00pm mailto:schuster.hazel@countyofdane.com tel:(608)896-3861

2. Bid Specifications

2.1. GENERAL

A. This bid is to provide material in a stockpile for pickup by the Dane County Highway Department for use on various projects. Haul distance to the project site will be factored into the bid award.

B. The special provisions in this proposal shall supplement and take precedence over the Standard

Specifications.

C. The Dane County Highway and Transportation Department, the issuer of this bid proposal, shall hereinafter be referred to as "the County".

D. All projects included in this proposal are subject to available funds and budget restraints.

2.2. TERM

The contract shall be effective on the date indicated on the Dane County purchase order or the Dane

County contract execution date and shall run for one year from that date.

2.3. BASIS OF AWARD

A. Dane County shall consider the base unit price bid combined with the County's hauling cost to the individual project, which is computed at a cost per ton-mile of haul on Class "A" highways from the bidder's stockpile according to County's calculated costs. If the County has to haul from a material stockpile which is located on a town road, the successful bidder shall be responsible for any repair or maintenance that may be required on that road as a result of the hauling.

B. Dane County will choose the type of material and option that is most advantageous to the

County, and each bid item (location) will be awarded separately.

2.4. PAYMENT

A. All material will be paid for by the ton unless otherwise noted in the bid. Each load must be accompanied by a ticket containing the appropriate weight information. In the event that an acceptable scale is unavailable, a unit price bid based on a volume measurement will be allowed if so noted on the pricing sheets. For total cost evaluation, volume measurements (cubic yards to tons) will be converted based on 2,800 lbs. per cubic yard.

B. Dane County reserves the right to determine actual quantities provided if material is supplied on a basis other than weight.

2.5. GRADATION REQUIREMENTS

Aggregates shall comply with the gradation requirements as stated in Sections 301 through Section 311 of the aforementioned Wisconsin Division of Highways specifications, except as modified herein.

Aggregate type and gradation number are called for on each price schedule sheet.

[1] Limited to a maximum of 8.0 percent for base placed between old and new pavement.

[2] 8.0 – 15.0 percent if base is >= 50 percent crushed gravel.

[3] 4.0 – 10.0 percent if base is >= 50 percent crushed gravel.

2.6. DISPOSAL, CLEAN FILL (SPV.0035.XX), DISPOSAL, ASPHALT PAVEMENT

(SPV.0035.XX) AND DISPOSAL, CONCRETE (SPV.0035.XX)

A. Description:. This item is to allow Dane County to dispose of excavated material from road construction at the location indicated by the bidder in the price proposal. Disposal site must comply with all regulations relating to the disposal of solid waste. Disposal, Clean Fill will be crushed aggregate base and soil. Disposal, Asphalt Pavement will be clean asphalt pavement. Disposal, Concrete will be concrete pavement, sidewalk and curb & gutter free from re-enforcing. NOTE: Bidder must provide unit prices for these items for each project. Bids not including unit prices for these items will be rejected.

B. Method of Measurement: Disposal, shall be measured by the CY of material dumped by Dane County personnel at the disposal site. Dane County assumes the following CY measurements per truck. The listed truck measurements will be used to determine quantities of materials dumped.

Quad-axle Truck 17 CY

Tri-axle Truck 14 CY

Single Axle Dump 9 CY

C. Basis of Payment: Disposal will be paid for at the contract unit price bid per CY of material dumped in a pile at the site. All contractor labor and equipment necessary to push off and/or stockpile dumped materials will be incidental to the Disposal Item.

2.7. SCHEDULE AND DAMAGES

The materials shall be available by the dates shown below for each project. Liquidated damages of $100 per weekday will be assessed for any delay after official notification to begin.

Project Location Materials Ready by Date

Project 1 CTH JG (Mt Horeb NVL to Stewart Lake Park March 31, 2025

Project 2 CTH P (CTH PD to CTH S) April 15, 2025

Project 3 CTH N (Progress Way to NCL) May 31, 2025

2.8. PURCHASE OF ITEM(S)

The Dane County Highway and Transportation Department reserves the right to award this bid on a per-item basis or on total net bid, whichever is deemed most advantageous to Dane County.

3. Vendor Questionnaire

3.1. BID DOCUMENT UPLOADS

3.1.1. Upload Attachment A- Price Proposal*

Upload completed Attachment A- Price Proposal in MS Excel format.

*Response required

3.1.2. Upload supplemental documents

Upload any additional or required information documents that supplements the bid submission.

3.1.3. Upload W9*

Upload your company's W9 form.

NOTE: The W9 is required to be signed within the past 12 months

*Response required

3.2. VENDOR INFORMATION

3.2.1. Cooperative Purchasing*

Reference General Guidelines - Section 8.

Does your company agree to furnish the commodities or services of this bid to municipalities and state agencies?

☐ Yes

☐ No

*Response required

3.2.2. Fair Labor Practice Certification*

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yesis answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

☐ Yes and any relevant information regarding such violation has been or will be uploaded with this bid submission.

☐ No

*Response required

3.3. BID SPECIFICATIONS

3.3.1. General*

http://www.nlrb.gov/ http://werc.wi.gov/

All materials supplied under this proposal shall conform to the Standard Specifications for Road and

Bridge Construction, 2025 edition (hereinafter referred to as the "Standard Specifications"), and all subsequent revisions and supplementary specifications, of the Wisconsin Division of Highways, Department of Transportation except as modified below.

☐ Yes

☐ No

*Response required

3.3.2. General*

Vendor has reviewed and agrees to specifications that are listed separately in Bid Specifications section

☐ Yes

☐ No

*Response required

3.3.3. Notice to Begin*

Vendor must have stockpiled material available by the dates shown below for each project. Liquidated damages of $100 per weekday will be assessed for any delay after official notification to begin.

☐ Yes

☐ No

*Response required

3.3.4. Insurance*

Vendor carries insurance as required in the Standard Terms and Conditions, Section 22.

☐ Yes

☐ No

*Response required

3.3.5. Insurance*

The vendor shall furnish Dane County Highway and Transportation Department along with the bid a certificate of insurance showing the type, amount, class of operations covered, effective dates, and expiration dates of policies.

https://procurement.opengov.com/portal/countyofdane/projects/138683/document?section=1251397

*Response required

3.3.6. Bid Deposit*

Proposal is accompanied by a certified or cashier's check payable to the Dane County Public Works, Highway & Transportation Department, or a bid bond, as a guarantee in the amount of 5% of the total bid.

☐ Yes

☐ No

*Response required

3.3.7. Performance Bond*

Awarded vendor shall furnish the County with a performance bond equal to 100% of the contracted amount (per State Statute 779.14).

☐ Yes

☐ No

*Response required

3.3.8. Quarry Address(es)*

Did you provide the project number, quarry name(s), address, contact and phone number for each quarry. If all pricing is for the same location follow Example #1 Below.

Example #1: All, Dane County Quarry - 1234 East Washington Ave, Madison WI 53704

Example #2:

Project Location 1 - Dane County Quarry - 1234 East Washington Ave, Madison WI 53704

Project Location 2 - DC Quarry - 5678 West Washington Ave, Madison WI 53704

*Response required

3.3.9. Specification Deviations*

Does your submission have any specification deviations from the above specifications or requirements listed in scope of work section?

If yes, provide the Spec # and deviation explanation for each deviation.

If no, write in "None"

*Response required

3.4. Bid Addendum(a)

3.4.1. I understand that if any addendum is issued I will have to acknowledge the posted addendum. * ☐ Yes

☐ No

*Response required

3.4.2. If an addendum is posted after I have submitted my bid response and the resulting addendum requires action to be taken either in the Specification Section or Pricing Section, I understand that:*

1. I will have to unsubmit my bid response.

2. I will have to acknowledge the posted addendum.

3. I will have to take action in responding to the changes on either the Specification Section or Pricing

Section.

4. I will then have to resubmit my bid response.

Further instructions on addendum(a) postings can be found here.

☐ Yes

☐ No

*Response required

3.5. SIGNATURE AFFIDAVIT

3.5.1. Solicitation Response Signature Affidavit*

This is an electronic signature form via DocuSign that is required to be signed upon finalizing submission of bid or proposal.

NOTE: For detailed instructions on how to complete the forms via DocuSign, please access the help articles below:

How to Complete DocuSign Forms

How to Download, Complete and Upload without DocuSign

Click here to go to the form

*Response required https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://help.procurement.opengov.com/en/articles/5608000-how-to-download-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=edc59ca5-ec84-4fbd-949b-c65e2eec75b7&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

4. General Guidelines

4.1. Introduction

Dane County invites and will accept bids for item(s) outlined within this bid. The County as represented by Purchasing Division, intends to use the results of this process to purchase goods or services here within.

4.2. Clarification/Questions

Any questions concerning this bid must be submitted via the County's eProcurement Portal. Questions must be received before 4:00 pm on Thursday, March 6, 2025 . Requests submitted after that time will not be considered.

4.3. Addenda

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this bid, addenda and/or supplements will be posted via the County's eProcurement Portal.

Bidders are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

The Purchasing Division has the sole authority for modifications to specifications and/or this bid document.

4.4. Inspection of Premises/Vendor Site Visit

Bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Hazel Schuster. Failure to do so will in no way relieve the successful bidder from the necessity of providing, without additional cost to the County, all necessary services that may be required to carry out the intent of the resulting contract.

4.5. Vendor Registration

Vendors are required to register at the County's eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category code.

Registering allows a vendor the opportunity to receive notifications for bids issued by the County and provides the County with up-to-date company contact information.

Once registered, please Check to make sure your vendor information including commodity codes is up-to-date by signing into your account at https://procurement.opengov.com/portal/countyofdane.

4.6. Local Vendor Purchasing Preference

Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally Operated

Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane

Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and

Owned Vendor declines to match the low bid, then the County will determine if a Locally Operated

Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally Operated

Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally Operated

Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

4.7. Local Content Vendor Preference

Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations.

Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-

Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

4.8. Cooperative Purchasing

Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases.

A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis. Stats.

In the Vendor Questionnaire section, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

4.9. Fair Labor Practices Certification

Dane County Ord. 25.09 (1) is as follows:

(28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations Board (NLRB) or the Wisconsin

Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years. The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

If a company indicates that they have been found by the NLRB or WERC to have such a violation in the

Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

4.10. Pricing

The price quoted shall include all labor, materials, equipment, shipping, and all other costs. All prices and conditions outlined in the bid shall remain fixed.

4.11. Bid Submission & Acceptance

Multiple bids from a vendor will be permissible, however, each proposal must conform fully to the requirements for bid submission. Multiple bid proposals must be submitted separately and labeled as

Bid# 1, Bid# 2, etc.

http://www.nlrb.gov/ http://werc.wi.gov/

NOTE: If multiple proposals will be submitted, a vendor must create two separate accounts with two separate log-in sequences, emails/passwords on the County'seProcurement Portal. Please message procurement.support@opengov.com with any questions regarding set up.

Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the

County. The County also retains the right to accept or reject any or all bids.

Proposals must be submitted via the County's eProcurement Portal before NO VALUE on Thursday, March 13, 2025. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this

RFP.

4.12. Award

The County will award the bid to the responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County will consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

This contract and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any

Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

4.13. Payment Terms & Invoicing

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to the bill to address and/or County Representative listed on the Dane County purchase order. The Dane

County purchase order number must be noted on the submitted invoice.

Other incidental or standard industry charges not identified herein, are not allowed under this contract.

Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

4.14. Permits & Licenses

The Contractor selected under this bid shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

4.15. Satisfactory Work

Any work found to be in any way defective or unsatisfactory shall be corrected by the Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

4.16. Government Standards

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Bidders shall comply with all local, state and federal regulations, directives and laws.

4.17. Contract/Project Administration

The County department(s) utilizing the service will be responsible for coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions. Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the department to the Purchasing Division.

4.18. Contract Assignment - Subcontractors

This contract and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

4.19. Contract Additions

The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The County Purchasing Officer will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the bid number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the Contract or Purchase Order.

*The County reserves the right to accept or reject prices and obtain bids on the open market for these add ons.

**When applicable, Contractor may be required to sign a Dane County Contract.

4.20. Contract Termination

If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

4.21. Insurance

The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order.

See Section 22.0 Insurance Responsibility in the Standard Terms & Conditions.

Please contact your insurance representative to issue an Additional Insured Endorsement naming

County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

Indicate mailing address as:

COUNTY OF DANE

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

Call 608-266-4965 with any questions.

4.22. Dane County Sustainability Principles

On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

- Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

- Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

- Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and

- Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

5. Standard Terms and Conditions

5.1. Applicability:

The terms and conditions set forth in this document apply to Requests for Proposals (RFP), Bids and all other transactions whereby the County of Dane acquires goods or services, or both.

5.2. Entire Agreement:

These Standard Terms and Conditions shall apply to any contract, including any purchase order, awarded as a result of this request. Special requirements of a resulting contract may also apply. Said written contract with referenced parts and attachments shall constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County. Unless otherwise stated in the agreement, these standard terms conditions supersede any other terms and/or conditions applicable to this agreement.

5.3. Definitions:

As used herein, “vendor” includes a provider of goods or services, or both, who is responding to an RFP or a bid, and “bid” includes a response to either an RFP or a bid.

5.4. Specifications:

The specifications herein are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Dane County shall be the sole judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications that may result in rejection of their bid.

5.5. Deviations and Exceptions:

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and vendor shall be held liable for injury resulting from any deviation.

5.6. Quality:

Unless otherwise indicated in the request, all material shall be first quality. No pre-owned, obsolete, discontinued or defective materials may be used.

5.7. Quantities:

The quantities shown herein are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

5.8. Delivery:

Deliveries shall be FOB destination freight prepaid and included unless otherwise specified. County will reject shipments sent C.O.D. or freight collect.

5.9. Pricing:

Unit prices shown on the bid shall be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid evaluation and contract administration.

1 Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award. Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.

2 Submission of a bid constitutes bidder’s certification that no financial or personal relationship exists between the bidder and any county official or employee except as specially set forth in writing attached to and made a part of the bid. The successful bidder shall disclose any such relationship which develops during the term of the contract.

5.10. Acceptance-Rejection:

Dane County reserves the right to accept or reject any or all bids, to waive any technicality in any bid submitted and to accept any part of a bid as deemed to be in the best interests of the County.

Submission of a proposal or a bid constitutes the making of an offer to contract and gives the County an option valid for 60 days after the date of submission to the County.

1 Bids MUSTbe dated and time stamped by the Dane County Purchasing Division Office on or before the date and time that the bid is due. Bids deposited or time stamped in another office will be rejected.

Actual receipt in the office of the purchasing division is necessary; timely deposit in the mail system is not sufficient. THERE WILL BE NO EXCEPTIONS TO THIS POLICY.

5.11. Method of Award:

Award shall be made to the lowest responsible responsive bidder conforming to specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus price basis.

5.12. Ordering/Acceptance

Written notice of award to a vendor in the form of a purchase order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid. A formal contract containing all provisions of the contract signed by both parties shall be used when required by the Dane County Purchasing Division.

5.13. Payment Terms and Invoicing:

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) 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 the purchase order.

1. NO WAIVER OF DEFAULT: In no event shall the making of any payment or acceptance of any service or product required by this Agreement constitute or be construed as a waiver by County of any breach of the covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or acceptance of any such service or product by County while any such default or breach shall exist shall in no way impair or prejudice the right of County with respect to recovery of damages or other remedy as a result of such breach or default.

5.14. Taxes:

The County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin

Department of Revenue has issued tax exempt number ES41279 to Dane County.

1. The County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from Wisconsin sales or use tax on these purchases. The County may be subject to other states’ taxes on its purchases in that state depending on the laws of that state. Vendors performing construction activities are required to pay state use tax on the cost of materials.

5.15. Guaranteed Delivery:

Failure of the vendor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the vendor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include administrative costs.

5.16. Applicable Law and Venue:

This contract shall be governed under the laws of the State of Wisconsin, and venue for any legal action between the parties shall be in Dane County Circuit Court. The vendor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

5.17. Assignment:

No right or duty in whole or in part of the vendor under this contract may be assigned or delegated without the prior written consent of Dane County.

5.18. Non-Discrimination/Affirmative:

ACTION: During the term of this Agreement the vendor agrees, in accordance with sec. 111.321, Wis.

Stats., and Chapter 19 of the Dane County Code of Ordinances, not to discriminate against any person, whether an applicant or recipient of services, an employee or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The vendor shall provide a harassment-free work environment. These provisions shall include, but not be limited to, the following:

employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation.

1. Vendors who have twenty (20) or more employees and a contract of twenty thousand dollars

($20,000) or more must submit a written affirmative action plan to the County’s Contract Compliance

Officer within fifteen (15) working days of the effective date of the contract. The County may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local government unit.

2. The vendor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this Agreement as they relate to affirmative action and nondiscrimination.

3. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment.

4. The vendor agrees to furnish all information and reports required by Dane County’s Contract

Compliance Officer as the same relate to affirmative action and nondiscrimination, which may include any books, records, or accounts deemed appropriate to determine compliance with Chapter 19, D.C.

Ords. and the provisions of this Agreement.

5. AMERICANS WITH DISABILITIES ACT: The vendor agrees to the requirements of the ADA, providing for physical and programmatic access to service delivery and treatment in all programs and activities.

5.19. Patent, Copyright and Trademark Infringement:

The vendor guarantees goods sold to the County were manufactured or produced in accordance with applicable federal labor laws, and that the sale or use of the articles described herein do not infringe any patent, copyright or trademark. The vendor covenants that it will, at its own expense, defend every suit which shall be brought against the County (provided that such vendor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent, copyright or trademark by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

5.20. Safety Requirements:

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards.

1. MATERIAL SAFETY DATA SHEET: <body> If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29 CFR 1910.1200, provide one (1) copy of the Material Safety

Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

5.21. Warranty:

Unless specifically expressed otherwise in writing, goods and equipment purchased as a result of this request shall be warranted against defects by the vendor for one (1) year from date of receipt. An equipment manufacturer’s standard warranty shall apply as a minimum and must be honored by the vendor.

The length, time, and conditions of warranty must be attached to or stated in the bid document. The seller and/or manufacturer warrants that the goods sold hereunder will be merchantable quality, will conform to applicable specifications, and will be free from defects in material and workmanship and will be fit for the particular purpose intended.

Warranty does not commence until after the complete unit has been accepted and placed into service by the user agency. Bidder shall indicate the name and the geographical location of the nearest authorized dealer to perform subsequent warranty service. This information shall be stated in the pricing section of bid or otherwise specified.

5.22. Indemnification and Insurance:

1. Vendor shall indemnify, hold harmless and defend County, its boards, commissions, agencies, officers, employees and representatives against any and all liability, loss (including, but not limited to, property damage, bodily injury and loss of life), damages, costs or expenses which County, its officers, employees, agencies, boards, commissions and representatives may sustain, incur or be required to pay by reason of vendor furnishing the services or goods required to be provided under this Agreement, provided, however, that the provisions of this paragraph shall not apply to liabilities, losses, charges, costs, or expenses caused by or resulting from the acts or omissions of County, its agencies, boards, commissions, officers, employees or representatives. The obligations of vendor under this paragraph shall survive the expiration or termination of this Agreement.

2.. In order to protect itself and County its officers, boards, commissions, agencies, agents, volunteers, employees and representatives under the indemnity provisions of the subparagraph above, vendor shall, at vendor’s own expense, obtain and at all times during the term of this Agreement keep in full force and effect the insurance coverages, limits, and endorsements listed below. When obtaining required insurance under this Agreement and otherwise, vendor agrees to preserve County’s subrogation rights in all such matters that may arise that are covered by vendor’s insurance. Neither these requirements nor the County’s review or acceptance of vendor’s certificates of insurance is intended to limit or qualify the liabilities or obligations assumed by the vendor under this Agreement.

The County expressly reserves the right to require higher or lower insurance limits where County deems necessary.

2.1 Commercial General Liability.

Vendor agrees to maintain Commercial General Liability insurance at a limit of not less than $1,000,000 per occurrence. Coverage shall include, but not be limited to, Bodily Injury and Property Damage to

Third Parties, Contractual Liability, Personal Injury and Advertising Injury Liability, Premises-Operations, Independent vendors and Subcontractors, and Fire Legal Liability. The policy shall not exclude Explosion, Collapse, and Underground Property Damage Liability Coverage. The policy shall list DANE COUNTY as an

Additional Insured.

2.2. Commercial/Business Automobile Liability.

Vendor agrees to maintain Commercial/Business Automobile Liability insurance at a limit of not less than $1,000,000 Each Occurrence. Vendor further agrees coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event vendor does not own automobiles, vendor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

2.3. Environmental Impairment (Pollution) Liability

Vendor agrees to maintain Environmental Impairment (Pollution) Liability insurance at a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, and environmental cleanup costs caused by pollution conditions, both sudden and non-sudden. This requirement can be satisfied by either a separate environmental liability policy or through a modification to the Commercial General

Liability policy. Evidence of either must be provided.

2.4. Workers’ Compensation.

Vendor agrees to maintain Workers Compensation insurance at Wisconsin statutory limits.

2.5. Umbrella or Excess Liability.

Vendor may satisfy the minimum liability limits required above for Commercial General Liability and

Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest “Each Occurrence” limit for the Commercial General Liability and Business Auto

Liability. vendor agrees to list DANE COUNTY as an “Additional Insured” on its Umbrella or Excess

Liability policy.

3. Upon execution of this Agreement, vendor shall furnish County with a Certificate of Insurance listing

County as an additional insured and, upon request, certified copies of the required insurance policies. If vendor's insurance is underwritten on a claims-made basis, the retroactive date shall be prior to or coincide with the date of this Agreement, the Certificate of Insurance shall state that professional malpractice or errors and omissions coverage, if the services being provided are professional services coverage is claims-made and indicate the retroactive date, vendor shall maintain coverage for the duration of this Agreement and for six (6) years following the completion of this Agreement. Vendor shall furnish County, annually on the policy renewal date, a Certificate of Insurance as evidence of coverage. It is further agreed that vendor shall furnish the County with a 30-day notice of aggregate erosion, in advance of the Retroactive Date, cancellation, or renewal. It is also agreed that on claims-made policies, either vendor or County may invoke the tail option on behalf of the other party and that the extended reporting period premium shall be paid by vendor. In the event any action, suit or other proceeding is brought against County upon any matter herein indemnified against, County shall give reasonable notice thereof to vendor and shall cooperate with vendor's attorneys in the defense of the action, suit or other proceeding. Vendor shall furnish evidence of adequate Worker's Compensation

Insurance. In case of any sublet of work under this Agreement, vendor shall furnish evidence that each and every subcontractor has in force and effect insurance policies providing coverage identical to that required of vendor. In case of any sublet of work under this Agreement, vendor shall furnish evidence that each and every subcontractor has in force and effect insurance policies providing coverage identical to that required of vendor.

4. The parties do hereby expressly agree that County, acting at its sole option and through its Risk

Manager, may waive any and all requirements contained in this Agreement, such waiver to be in writing only. Such waiver may include or be limited to a reduction in the amount of coverage required above.

The extent of waiver shall be determined solely by County's Risk Manager taking into account the nature of the work and other factors relevant to County's exposure, if any, under this Agreement.

5.23. Cancellation:

County reserves the right to terminate any Agreement due to non-appropriation of funds or failure of performance by the vendor. This paragraph shall not relieve County of its responsibility to pay for services or goods provided or furnished to County prior to the effective date of termination.

5.24. Financial Interest Prohibited:

Under s. 946.13, Wis. Stats. COUNTY employees and officials are prohibited from holding a private pecuniary interest, direct or indirect, in any public contract. By executing this Agreement, each party represents that it has no knowledge of a COUNTY employee or official involved in the making or performance of the Agreement that has a private pecuniary interest therein. It is expressly understood and agreed that any subsequent finding of a violation of s. 946.13, Wis. Stat. may result in this

Agreement being voided at the discretion of the COUNTY.

1. PUBLIC RECORDS ACCESS: It is the intention of the County to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid openings are public unless otherwise specified. Records are not available for public inspection prior to issuance of the notice of intent to award or the award of the contract. Bid results may be obtained by visiting the Dane County

Purchasing Office Monday – Friday, between 8:00 a.m. and 4:00 p.m. Prior appointment is advisable.

2. PROPRIETARY INFORMATION: If the vendor asserts any of its books and records of its business practices and other matters collectively constitute a trade secret as that term is defined in s.

134.90(1)(c), Wis. Stats., County will not release such records to the public without first notifying the vendor of the request for the records and affording the vendor an opportunity to challenge in a court of competent jurisdiction the requester’s right to access such records. The entire burden of maintaining and defending the trade secret designation shall be upon the vendor. The vendor acknowledges and agrees that if the vendor shall fail, in a timely manner, to initiate legal action to defend the trade secret designation or be unsuccessful in its defense of that designation, County shall be obligated to and will release the records.

3. Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which vendor believes qualifies as a trade secret, as provided in section 19.36(5), Wis. Stats., must be identified on a designation of Confidential and

Proprietary Information form. Pricing will not be held confidential after award of contract.

4. Data contained in a bid, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations shall be the property of the County.

5.25. Recycled Materials:

Dane County is required to purchase products incorporating recycled materials whenever technically and economically feasible. Vendors are encouraged to bid products with recycled content which meet specifications.

5.26. Promotional Advertising:

Reference to or use of Dane County, any of its departments or sub-units, or any county official or employee for commercial promotion is prohibited.

5.27. Antitrust Assignment:

The vendor and the County of Dane recognize that in actual economic practice, overcharges resulting from antitrust violation are in fact usually borne by the…