Request for Written Quote

WRITTEN QUOTE #18-101

INDUSTRIAL GRADE WASHING MACHINES

For: LAKELAND HEALTH CARE CENTER

Written Quote Issued: June 28, 2018 Pre-Quotation Site Tour: July 11, 2018 9:00 am Questions Due: July 18, 2018 3:30 pm Written Quotes Due: July 25, 2018 2:00 pm

To ensure notification of any Written Quote opportunities, vendor must be registered on Onvia DemandStar at www.demandstar.com. To register at NO CHARGE, visit www.onvia.com/WAPP.

Please note that all notifications, releases and amendments associated with this solicitation will be posted on DemandStar. To ensure notification of future Written Quote opportunities with Walworth County, vendors must be registered on Onvia DemandStar.

BUYER: Cynthia Matz

PHONE: 262-741-7266

EMAIL: cmatz@co.walworth.wi.us http://www.demandstar.com/ http://www.onvia.com/WAPP

I. INVITATION

Walworth County is accepting sealed Written Quotes from interested firms for the removal of existing equipment and installation of a Milnor V-Series Model 30022 VRJ Washing Machines, 60-pound capacity cylinder, (or equivalent) for the Lakeland Health Care Center. A total of three (3) machines are planned for replacement.

One (1) machine will be replaced in each of three (3) consecutive years in 2018, 2019 and 2020.

Written Quotes will be received until 2:00pm on July 25, 2018 by Walworth County Purchasing Division, W4097 County Road NN, Elkhorn, WI 53121. Shortly after 2:00pm, all Written Quotes received will be opened and recorded in the Department of Public Works conference room.

II. POSTING OF SOLICITATIONS

All Walworth County solicitations are posted on Demandstar by Onvia. Written Quote documents and specifications may be obtained from Demandstar at www.demandstar.com. Vendors may register with Demandstar, at no charge, through the Wisconsin Association for Public Procurement (WAPP) of which Walworth County is a participating member, at: http://www.onvia.com/WAPP.

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.

III. STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

The Standard Terms and Conditions of Walworth County are made a part of this Written Quote by reference.

Standard Terms and Conditions are available on the internet, under the Purchasing Division on the Walworth County Home Page or by clicking on the following link:

http://www.co.walworth.wi.us/Public%20Works/Purchasing/pdfs/STANDARD%20TERMS%20AND%20CONDITI ONS%205-17.pdf

Documents are also available, upon request, by contacting the buyer listed in this solicitation.

IV. PROJECT SITE TOUR

An optional pre-Written Quote meeting will take place on July 11, 2018 at 9:00am (local time). The Lakeland Health Care Center is located at:

Lakeland Health Care Center 1922 County Road NN

Elkhorn, WI 53121

Interested parties should meet in the lobby of the Lakeland Health Care Center. This will be the only opportunity for a walk through, therefore, be sure to bring all potential subcontractors.

Interested firms should contact Cynthia Matz at cmatz@co.walworth.wi.us or 262-741-7266 to register for the site tour. This is the only opportunity for a site tour.

V. EXAMINATION OF SITE AND WRITTEN QUOTE DOCUMENTS

The vendor is required to carefully examine the Written Quote, the scope of work, the site of the work, and the contract contained herein. It will be assumed that the Vendor has investigated and is satisfied as to the requirements of the Written Quote documents. It is mutually agreed that the submission of a Written Quote shall be considered as conclusive evidence that the Vendor has made such examination and is satisfied as to all the conditions and contingencies.

http://www.onvia.com/WAPP http://www.co.walworth.wi.us/Public%20Works/Purchasing/pdfs/STANDARD%20TERMS%20AND%20CONDITIONS%205-17.pdf http://www.co.walworth.wi.us/Public%20Works/Purchasing/pdfs/STANDARD%20TERMS%20AND%20CONDITIONS%205-17.pdf mailto:cmatz@co.walworth.wi.us

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 NOT be accepted as:

• An excuse for any failure or omission on the part of the vendor to fulfill, in every detail, all of the requirements of the Written Quote, or

• As a basis for any claims whatsoever for extra compensation, or

• For an extension of time.

All labor, equipment, parts, items, details of services or features not specifically mentioned which are regularly furnished to complete this type of work will be furnished at Written Quote pricing and shall conform in quality, workmanship and service to that usually provided by the practice as specified in this Request for Written Quotes.

VI. VENDOR INQUIRIES / REQUESTS FOR EXCEPTIONS / CHANGES TO WRITTEN

QUOTE

Vendors should request interpretation or correction of any ambiguity, inconsistency, or error.

Unless the vendor(s) clearly indicates in their response that the product offered is an “equal” product, it will be implied that the vendor will provide the brand, name, manufacturer, stock number or product specified.

Consideration will be given to a vendor’s request for a change if any of the terms and conditions of this Written Quote are not in full accord, or if changes, alterations, additions or deductions are necessary for your firm to be compliant with the specifications and submit a response. Any requests for changes, clarifications, etc., must be submitted in writing to:

Cynthia Matz, Buyer Walworth Co. Purchasing Division W4097 County Road NN Elkhorn, WI 53121

Fax: 262-741-3195 Email: cmatz@co.walworth.wi.us

Communications related to this solicitation must be received between 7:00am and 3:30pm, Monday through Friday with the exception of legal holidays.

Questions must be received no later than the close of business on July 18, 2018 at 3:30pm. Requests received after that time will not be considered.

Contact with any other party or attempts by Vendors to contact any other party may result in the rejection of their Written Quote.

No information provided verbally, or by parties other than the Buyer, will be considered binding.

Any changes made as a result of a written request will be issued via an addendum and will be posted to www.demandstar.com. Walworth County will make no attempt to contact vendors with updated information. Vendors are responsible for periodically checking the Demandstar website for any and all notifications, releases and amendments associated with this solicitation prior to the opening date.

VII. SUBMISSION OF WRITTEN QUOTE

Written Quotes must be submitted using the forms provided herein. Submit only the required documents. It is not necessary to return the entire Written Quote document with the Written Quote. Interested firms shall submit their sealed Written Quotes to:

Walworth Co. Purchasing Division W4097 County Road NN

Elkhorn, WI 53121

Vendors must submit one (1) original and two (2) copies of their Written Quote either in an enclosed sealed envelope, emailed to cmatz@co.walworth.wi.us or faxed to 262-741-3195. Written Quotes must be clearly labeled with vendor name and address, Written Quote number, and Written Quote title. The following documents must be included with your Written Quote:

• Certificate of Compliance

• References

• Cost Summary

• Provide the manufacturer specification sheets for the items being bid

Written Quotes must be received, dated and time stamped by the Walworth County Purchasing Division on or before the date and time due. Written Quotes submitted or time stamped in another office will be rejected. Actual receipt in the office of the Purchasing Division is mandatory.

Late responses will not be accepted, will be returned unopened, and will not be considered.

Written Quotes may be transmitted by Email or Fax Machine.

All Written Quotes will be opened and recorded in the Walworth County Public Works Conference Room located at W4097 County Road NN, Elkhorn, WI 53121.

All Written Quotes shall be valid for a period of ninety (90) days after the scheduled time of closing.

All vendors, by submission of their Written Quote, agree to abide by the rules, regulations, and procedures of Walworth County.

VIII. WITHDRAWAL OF WRITTEN QUOTE

Written Quotes may be withdrawn only in total and only by a written request to Walworth County Purchasing prior to the time and date scheduled for Written Quote opening.

IX. METHOD OF AWARD

Award shall be made to the lowest responsible, responsive Vendor(s) conforming to specifications, terms, and conditions, or to the most advantageous Written Quote submitted to the County on a quality versus price basis.

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

Among other things, quantities, time of delivery, purpose for which required, competency of Vendor, the ability to render satisfactory service and past performance will be considered in determining responsibility.

X. VENDOR SUPPLIED DOCUMENTATION / MATERIALS

All vendor-supplied materials, including the vendor’s Written Quote, become the property of Walworth County.

Walworth County will work with vendors to meet their confidentiality requirements, provided that they are within reason. All vendor confidential material must have each page clearly marked as confidential. All materials are subject to and the provisions of Wisconsin Statutes Section 19.21, et seq.

If you are claiming a statutory exception to the Wisconsin Open Records Law, you must specify which statutory exception provision applies. To review the statutory exceptions, go to:

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=83141&infobase=stats.nfo&j1=19.36&jump=19.36&softpage=Browse_Frame_Pg

The County reserves the right to make determinations of confidentiality. If the County does not agree with the information designated under one of the disclosure exceptions, it may either reject the Written Quote or discuss its interpretation of the allowable exceptions with your firm. If agreement can be reached, the Written Quote will be considered. If not, the County will remove your Written Quote from consideration for award and return it to your firm. In no event will price be deemed confidential.

XI. VENDOR QUALIFICATIONS

Vendor’s responding to this Written Quote must meet the following qualifications:

• Vendor must have at least (5) years of experience in the industrial washer industry.

• Vendor must be an authorized dealer and have repair/warranty capabilities for the equipment proposed and awarded.

• Technicians who have been factory-trained and/or who have a minimum of five (5) years’ experience providing installation for the brand of industrial washer being bid shall provide installation services.

• If it is determined that ancillary services are required, the ancillary services must be performed by a technician licensed to provide those services. Ancillary services include services such as welding, electrical, insulation, plumbing, etc.

XII. SUBCONTRACTING

Walworth County requires the installers proposed to be directly employed by the Contractor with the exception of when ancillary services are required.

All subcontractors shall be held to the same insurance provisions as noted herein. Additionally, the subcontractor shall comply with all requirements as stated in this specification.

Contractor will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract of any portion therein, or its right, title or interest in, to any person and/or Vendor(s) without the written consent of Walworth County. No subcontract shall, under any circumstances, relieve the contractor of liability and obligation under this contract. If Sub-Contractors are used, Walworth County will consider the awarded vendor to be the Prime Contractor and to be solely responsible in all contractual matters, including payment of any and all charges resulting from such sub-Contractor arrangements. The prime contractor shall be fully responsible for the acts, errors and omissions of the subcontractor.

In the event that a portion or portions of the contract are Written Quote as subcontracted, the Vendor shall provide a list of intended subcontractors with their Written Quote. Walworth County shall be the sole judge in determining whether the subcontracted firm or firms, are qualified to provide the services as sought. Walworth County reserves the right to reject the Written Quote if the subcontractors are determined to be unqualified or unacceptable. After a contract has been awarded, Contractor must obtain prior approval before using any subcontractors not previously identified in your Written Quote.

When subcontractors are used in the performance of any of these services, skilled tradesmen should be utilized to assure quality workmanship.

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=83141&infobase=stats.nfo&j1=19.36&jump=19.36&softpage=Browse_Frame_Pg http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=83141&infobase=stats.nfo&j1=19.36&jump=19.36&softpage=Browse_Frame_Pg

XIII. PROJECT SCOPE / SPECIFICATIONS

The minimum specifications are intended to define the level of quality and performance of the requested equipment, and are not intended to be restrictive. Equipment offered shall be of equivalent dimensions, quality and performance.

The Milnor washer-extractor equipment (or acceptable alternate) shall include the following:

• Milnor V-Series Model 30022 VRJ Industrial Grade Washer (60-pound capacity cylinder)

• 60-pound capacity, 30” x 22” (9 ft3) stainless steel cylinder

• 685 RPM Max Extract (200 G-Force)

• RinSave® Water Saving Technology

• E-P Plus® Programmable Microprocessor Control o Universal digital temperature control o Programmable cool down, bath/overnight soak

• Oil-filled industrial rigid bearing housing

• Industrial tapered roller bearings

• Single-motor inverter drive

• 480/60/3 electrical service

The equipment will be delivered and installed at the Lakeland Health Care Center, located at:

Lakeland Health Care Center 1922 County Road NN

Elkhorn, WI 53121

CONTRACTOR REQUIREMENTS

The Contractor shall meet the following requirements:

1. Meet or exceed all the minimum specifications in their entirety to be considered for award.

2. All work shall be scheduled at the convenience of the County as not to interfere with the County's conduct of business.

3. Any shutdown of service and/or utilities must have prior approval and be scheduled with the Lakeland

Health Care Center maintenance staff, or designee.

4. Removal of existing washing machines. Existing machines have been bolted to the floor and/or secured to the wall. Provide all supervision, tools, labor, materials, and rental fees required to remove existing unit and install new machine in the existing space. The County reserves the right to purchase any and all parts required and provide the parts to the Contractor at time of service.

5. Installation may include electrical requirements, piping requirements, controls, mechanical or structural material and any other equipment or materials necessary for complete turnkey operation. The Contractor shall be responsible for any cost incurred for electrical, wiring, cabling, plumbing, or other work necessary for installation.

6. Contractor shall be solely responsible for the safety of Contractor's employees and others relative to Contractor's work, work procedures, material, equipment, transportation, signage, and related activities and equipment.

7. Obtain any necessary permits before work is started.

8. Comply with all federal and state safety regulation including but not limited to Occupational, Safety and

Health Administration (OSHA), including Lock-out/Tag-out and Permit Required Confined Space rules and the Department of Workforce Development (DWD) regulations. Note that permit space entry is allowed only through compliance with a permit space program meeting the requirements of OSHA

29CFR 1910.146.

9. Supply its employees with the proper personal protection equipment and energy control devices as necessary such as monitors, respirators, rescue retrieval systems, lock-out devices, tags, etc. The Contractor will not be allowed to utilize County owned equipment, except in an emergency or under pre-arranged conditions.

10. Provide proper handling and disposal of waste and/or contaminated materials.

11. Be responsible for all disconnection, clean-up, packing and coordination for the removal of the old unit.

Contractor shall not use County dumpsters. Contractor shall be required to leave the facility in a clean, pre-existing condition.

12. Contractor shall assume full responsibility for damage to County property caused by Contractor's employees or equipment as determined by designated County personnel.

13. Provide start-up, commissioning and on-site training and warranty services on equipment as requested by Walworth County.

14. Contractor shall warrant all services (labor) provided to the extent the resulting work product shall remain functional and in good order for a minimum of one year from the date of acceptance. The date of acceptance shall be defined as the date of the final payment for the work.

15. Provide the manufacturer specification sheets for the items being bid.

16. Transfer all warranties and guarantees for products and materials installed to Walworth County.

XIV. NEW EQUIPMENT

Unless otherwise noted, all materials and equipment used shall be new and unused that meet or exceed manufacturer’s quality requirements, unless prior written approval is given by the County. Parts, materials or equipment classified as demonstrators, prototype or discontinued, are not acceptable. All parts and equipment shall be the latest model offered and must be tried, proven, and in current use.

XV. TRADE-IN UNITS

Equipment to be traded-in is to be sold “as-is”, without any warranties, expressed or implied. One piece of equipment will be traded-in each year. The following equipment will be offered for trade-in:

Year Manufacturer Model / Model # Serial # Description

2018 Milnor 30015MHJ AAX6550S01 Washer 35 W/E EP Plus Manufacture Date 1992

2019 Milnor 30015M4G ABJ6392001 Washer Extractor Manufacture Date 1994

2020 Milnor 3001 SM4J AAJ6129801 Washer Extractor Manufacture Date 1995

XVI. REJECTION

All Work done and material furnished by the Contractor are subject to acceptance by the County based on the conformity of the material and labor to these project specifications. In the event where the Contractor or its subcontractor were to provide materials, and/or labor that does not conform to these project specifications and has not gained prior approval from the County, the material and/or labor will be subject to rejection. Rejected work or materials shall be replaced or redone at the expense of the Contractor.

XVII. EMPLOYEES

Contractor agrees that trained, certified (where applicable) and competent employees shall perform the services required by this contract using industry-accepted standards. County shall be entitled to request the removal of individuals working on any project for any of the following grounds, provided that such request be in writing and shall specify the reasons for the County’s dissatisfaction:

• Unsatisfactory performance that causes negative operational impact at the County or causes the County to commit additional resources to avoid operational impact;

• Dishonesty or belligerent conduct;

• Lack of compatibility with County staff; or

• Violation of County rules or policies.

Upon such written request, the County and Contractor shall decide on a course of action to cure any such problems, provided that there shall be no cure opportunity required for problems involving dishonesty or belligerent conduct or a violation of County rules or policies. In the event Contractor does not cure the problem within seven (7) days from the date of notice, Contractor shall remove such person and shall promptly provide a qualified replacement. The County will be liable for payment of services only up to the time of dismissal and only if services rendered meet the minimum requirements of the County. Contractor must comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for Contractor’s employee(s) while on Walworth County property.

If for any reason the individuals identified are no longer employed by the firm, or available from the subcontracted firm, the Contractor must notify the County within a reasonable time frame. Contractor is responsible for ensuring that any substitute personnel have comparable skills and experience. The County reserves the right to interview substitute personnel prior to commencement of activity on the project to confirm to County’s satisfaction equivalency of skills and experience.

If any of the Contractor’s employee appears to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on request of the County, and shall not again be re-employed except upon written consent of the County.

Employees shall be in a company uniform that clearly identifies the name of the company and employee name.

Uniforms shall be clean and neat in appearance. Employees are required to wear a company supplied photo ID badge. Badges must be clearly visible when worn.

XVIII. WORK HOURS

Lakeland Health Care Center hours of operation are Monday through Friday, 7:00 a.m. to 3:30 p.m., excluding holidays and weekends.

The Contractor shall notify the County at least 48 hours prior to installation. Once work on this project commences, the Contractor shall, on a weekday basis, continuously pursue completion of the work. The Contractor shall not suspend work for any reason other than conditions beyond his direct control.

Work operations, including daily start-up activities, shall be limited to the period from 7:00 A.M. to 3:30 P.M.

daily.

If, in the opinion of Walworth County, unusual circumstances dictate work outside of these hours is warranted due to an emergency condition or special circumstance, such authorization to extend the working hours beyond those stated herein shall be given in writing and, if authorized, shall be on a single incidence basis for a specific day.

Work on the site shall be performed in a manner that will permit the existing facility to operate continuously.

Contractor shall take all necessary measures as directed by the County to ensure construction does not interfere, delay, or restrict the operations of the Building.

Contractor shall not isolate or restrict access to any portion of the site by his operations without permission of the County.

XIX. WARRANTY

All labor, parts, materials, supplies used in the performance of this contract must be new and unused and, at a minimum, include a one (1) year warranty or the manufacturer’s standard warranty on items and/or parts purchased for use under this Contract whichever is greater.

WARRANTY WILL NOT COMMENCE UNTIL AFTER PRODUCT AND INSTALLATION SERVICES HAVE

BEEN INSPECTED AND ACCEPTED BY WALWORTH COUNTY.

Acceptance is defined as acceptance by the County after its authorized agent has found the deliverables to be in compliance with the specifications. Acceptance will be determined within five days after completion of installation.

XX. TERM OF CONTRACT

A contract will be awarded to the successful Vendor. The term of the contract shall be for a period of three (3) years. The anticipated start date of the contract is August 1, 2018.

XXI. PRICING

Price is to include removal of existing equipment, delivery of new equipment, FOB destination, to the Lakeland Health Care Center. Pricing for services is to include all supervision as needed, all parts, equipment and materials, start-up fees, labor, travel, mileage, and any other expenses needed to complete the services required.

County will reject shipments sent C.O.D. or freight collect.

Prices will be firm, a not to exceed cost, inclusive of all costs. No additional costs will be allowed unless during the course of the project something is discovered that could not have been reasonably known when creating the quote.

Travel time, truck charges and/or trip (mileage) charges will not be allowed for any services performed under this agreement.

Quotes: Whenever a Contractor is required to submit a quote, the quote must be based on the pricing provided in response to this Written Quote. All quotes will be submitted as a not-to-exceed cost.

XXII. INVOICING

Contractors shall provide itemized invoices showing the cost of the washer, trade-in allowances, date of installation, and detail of any service performed.

Original Invoice must be addressed to Walworth County Finance Department-Accounts Payable Division, 100 W. Walworth Street, P.O. Box 1001, Elkhorn, WI 53121. Contractor is responsible for the completion of all recordkeeping and reporting requirements as appropriate for all items prior to payment.

Walworth County’s preference is to pay with a P-Card. Indicate in the Written Quote whether you will accept MasterCard for payment purchases. Contractor should note how many days after receipt of invoice payment must be processed to accept the credit. Please keep in mind that we will not process payment until/unless goods/services have been received (or accepted if applicable).

If unable to accept credit card, payment will be made within forty-five (45) days after acceptance of goods/services and receipt of a properly documented invoice. Invoice must be sent to the location specified on the purchase order to avoid delays in payment.

XXIII. “PIGGYBACK” CLAUSE

Common purchasing practices in government include cooperative or "piggyback" purchasing among various units of government or municipalities. This contract will be extended, with the authorization of the Contractor, to other units of government or municipalities at the same prices and/or discounts and terms and conditions. If another unit of government or municipality decides to use this contract, the Contractor must deal directly with the respective unit of government or municipality concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. Walworth County acts only as the "Contracting Agency" for those public agencies.

XXIV. REFERENCES

Vendor shall provide three (3) references of recent clients with similar requirements as specified in this Written Quote. Reference information shall include contact person, phone number, fax number and email address of a person that may be contacted.

XXV. CONTRACT REVIEW

Successful respondent will be required to meet with designated county personnel, on an as-needed basis, to discuss the services that are being provided. Discussions will include an overall quality review, suggestions to improve the efficiency, services to be provided, and any other matters that may affect the contract. It is also the intent of the contract review to identify and implement efficiencies that may reduce the annual cost of the services provided.

XXVI. WORK/SITE RULES

Contractor shall comply with Walworth County’s work/site rules. Contractor shall comply and accept exclusive responsibility for each individual employee while on Walworth County property.

XXVII. BACKGROUND CHECKS

Contractor shall ensure that employee background checks, consisting of criminal record searches and employment verification, are accomplished and that current records are provided upon request of the County.

All Contractors employees seeking access to the Walworth County facilities must pass a more detailed background check performed by the Walworth County Sheriff’s Office. Costs for this background check shall be borne by the County. Contractor shall provide a photocopy of each employee’s driver’s license (or other acceptable identification) at least 72 hours prior to commencement of work.

XXVIII. COMPLIANCE WITH LAWS

Contractor is responsible to comply with all statutory rules and regulations. All applicable federal, state and local laws, rules and regulations governing this type of service will apply and will be deemed incorporated into the contract. These requirements shall be done at Contractor’s expense.

XXIX. INSURANCE REQUIREMENTS

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

• Workers Compensation and Employers' Liability - Worker's Compensation statutory - in compliance with the Compensation law have the State and Employers’ Liability insurance with a limit not less than $ 100,000 each accident.

• Comprehensive or Commercial General Liability with a minimum limit of $1,000,000 per occurrence, $1,000,000 if aggregate Combined Single Limit for Bodily Injury and Property Damage Liability. This insurance shall include, but is not limited to, the following coverage:

o Premises - Operations o Products and Completed Operations o Broad Form Property Damage o Contractual o Personal Injury

The County reserves the right to require higher or lower limits where warranted.

• Automobile Liability with a minimum limit of $1,000,000 per occurrence/$1,000,000 aggregate Combined

Single Limit for Bodily Injury and Property Damage Liability. This insurance shall include coverage for all of the following:

o Owned Automobiles o Hired Automobiles o Non-Owned Automobiles

• The certificate shall list the Certificate Holder and address as follows: Walworth County, Attn: Walworth

County Purchasing, Department of Public Works, W4097 County Road NN, Elkhorn, Wisconsin 53121.

• Other:

o Such insurance shall include under the General Liability and Automobile Liability Policies Walworth County, its employees, elected officials, representatives, and members of its boards and/or commissions as "Additional Insureds."

o Such insurance shall include 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.

o Supplier shall require sub supplier; if applicable, to furnish identical Certificates of Insurance to Walworth County prior to contract taking effect.

XXX. DEFICIENCIES

In the event that the County determines that there are deficiencies in the service work provided by the Contractor under the contract, the County shall notify the Contractor in writing as to the precise nature of any such deficiencies. Within ten (10) working days of receipt of such notice, Contractor shall take responsible steps to correct any deficiencies.

EXHIBIT A

Certificate of Compliance Industrial Grade Washing Machines

This form must be completed in its entirety and submitted with vendor(s) response to acknowledge that vendor(s) meets or exceeds the minimum requirements.

COMPLIANCE: Vendor shall comply with the specifications of this request for Written Quote.

Complies: ____ Yes ____ No

REFERENCES: Vendor(s) has completed Exhibit B - References. _______ (initials)

RECEIPT OF ADDENDUM: Vendor(s) acknowledges receipt and inclusion of Addendum number ___ through

FORM OF PAYMENT: Would company accept a Purchasing Card as a form of payment? ____ Yes ____ No

Without any minimums and/or additional fee(s)? ____ Yes ____ No

If credit card is used for payment, how many days after receipt of invoice (or acceptance of goods, whichever is later) payment must be processed to accept the credit card. Note: Minimum of 10 days is required.

_____ Days

COST SUMMARY: Vendor has completed Exhibit C, Cost Summary. ____ Yes ____ No

PIGGYBACKING: My Company agrees to furnish the item(s)/Services(s) proposed in this bid to other units of government at the same terms and conditions. ____ Yes ____ No

DEBARRED CONTRACTORS: Acknowledgement that the vendor (s) is not on any list of debarred contractors with the effective dates during the project.

_______ (initials)

EXCEPTIONS TO THE MINIMUM REQUIREMENTS:

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

Name of Company:

Contact Name:

Address:

Phone Number:

Email:

Signature: Date:

Contact Person(s)

Contact person for order placement:

Name: Phone:

E-Mail: Fax:

Contact person for signature of contract:

Contact person for payment:

EXHIBIT B

References

Provide references for similar contracts you have, preferably one who is a public sector client, which demonstrate your firm’s relevant experience.

Reference 1:

Name of Company/Vendor:

Address:

City, State, Zip:

Contact Name:

Email Address:

Phone Number:

Fax Number:

Relevant Project Name:

Year of Service:

Reference 2:

Name of Company/Vendor:

Address:

City, State, Zip:

Contact Name:

Email Address:

Phone Number:

Fax Number:

Relevant Project Name:

Year of Service:

Reference 3:

Name of Company/Vendor:

Address:

City, State, Zip:

Contact Name:

Email Address:

Phone Number:

Fax Number:

Relevant Project Name:

Year of Service:

EXHIBIT C

Cost Summary

INDUSTRIAL GRADE WASHING MACHINES

2018 Purchase Description Qty UOM Cost

2018 Purchase Cost, including delivery, installation, disconnection and removal of old washing machine

1 Each $

Less 2018 Trade-in 1 Each ($ )

2019 Purchase

Not-to-Exceed percentage increase for 2019 purchase 1 Each $ Less 2019 Trade-in 1 Each ($ )

2020 Purchase

Not-to-Exceed percentage increase for 2020 purchase 1 Each $ Less 2020 Trade-in 1 Each ($ )

Manufacturer / Model #: _____________________________________________________________________

Manufacturer Specification Sheets are provided with the bid response: _____ Yes _____ No

Warranty: ________________________________________________________________________________

# Days for Delivery after receipt of order = _______________

If an alternate is being proposed, please provide a description of the variation from the specifications:

EXHIBIT D

Sample Contract

Walworth County Goods and Services Contract

Project Number:

Goods and/or services to be provided:

Contract Period: 1/1/1_-12/31/1_ with the option to renew the Contract for

ENTER NUMBER OF YEARS IN WORDS AND

NUMBERS years OR 1/1/1_ 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 DAY TO

DAY ACTIVITIES OF CONTRACT

Telephone: 262-741-XXXX Fax: 262-741-XXXX Cell:

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

Contractor:

Organization Name:

Address:

Contractor Point of Contact: NAME OF PERSON RESPONSIBLE FOR DAY TO

DAY ACTIVITIES OF CONTRACT

Telephone:

Fax:

Cell:

E-mail:

mailto:laldred@co.walworth.wi.us

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 __________________ whose business address is ________________________ hereinafter referred to as Contractor.

Article 1 – Overview

This Contract sets forth the responsibilities, time and cost of goods and services relating to the Description of Goods and Services by Contractor.

Section 1.1 Goods and Services to be Provided The COUNTY and Contractor agree that Contractor will provide the following goods and/or services:

Description of Goods and Services 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 Written Quote/Proposal for Description of Goods and Services and the Written Quote/proposal submitted by Contractor which are attached as the following exhibits and made a part of this Contract.

Exhibit A – Walworth County Request for Written Quote/Proposal for Description of Goods and Services Exhibit B – Written Quote/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 – Goods and/or Services to be Provided

Section 3.1 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 3.2 Remedies In the event Contractor fails to provide Description of Goods & Services or creates errors which results 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.

Section 3.3 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 3.4 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 3.5 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 Reimbursement of Expenses The County is not liable to Contractor for any expenses paid or incurred by Contractor unless otherwise agreed in writing.

Section 4.2.1 Invoicing and Payment Contractor will invoice the County pursuant to Exhibit __. All invoices are to be mailed to Walworth County Finance Department – Accounts Payable Division, 100 West Walworth Street, Elkhorn, WI 53121. 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 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 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, consultants, 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 not 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 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 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 aWritten Quotees 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 The 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 other party, 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 however, not less than the minimum amounts below:

• Comprehensive General Liability: minimum amount $1,000,000

• Auto Liability (if applicable): minimum amount $1,000,000

• Workers Compensation: minimum amount $100,000 per accident

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

The Contractor shall not allow subcontractors, if any, to commence work until the aforementioned documents, where applicable, have been obtained from the subcontractor(s).

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

Upon signing this Contract, Contractor will furnish County with a “Certificate of Insurance” with the County listed as “Additional Insured”, verifying the existence of such insurance. In the event of any action, suit, or proceedings against County upon any matter indemnified against, County shall notify the Contractor by registered mail within five business days.

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…