South Landfill 20-Foot-Tall Litter Fence.PDF

South Landfill 20-Foot-Tall Litter Fence, Brown County Project #2768

LEGAL NOTICE

Brown County is accepting bids for a fence project at the South Landfill located in Holland, WI. Specifications are available on-line at: www.browncountywi.gov Departments > Purchasing > Open Projects > Project 2768.

All vendors are responsible for addendums. Bids are to be sent to the Brown County Clerk no later than 11:00 am CST on Tuesday, September 23, 2025. Submit in a sealed envelope marked “Project 2768”. A public bid opening (no in-person) will be conducted via Microsoft Teams. Call-in information will be provided via addendum. Brown County reserves the right to accept or reject any or all bids and to waive any informality in bids. Late receipts, e-mails and facsimiles will not be accepted. Contact the Purchasing Office at 920-448-4049 if assistance is required.

Published by Authority of Port & Resource Recovery By Patrick W. Moynihan, Jr.

Brown County Clerk http://www.browncountywi.gov/

Request for Bid (RFB) (Public Works Project Over $25,000)

For Brown County

South Landfill 20-Foot-Tall Litter Fence

Project # 2768

Published Date: September 3, 2025

Bidder’s Proof of Responsibility Form Deadline (only required from the contractor submitting the bid) must be emailed prior to bid opening to:

bcpurchasing@browncountywi.gov

Failure to provide by required date will result in the automatic rejection of submitted bid. Even if you have recently submitted this form on a previous project, submittal is required for every project requesting the form.

Bid Response Deadline:

September 18, September 23, 11:00

AM

11:00

AM

Local Time

CST

Local Time

CST

To:

Brown County Clerk mailto:bcpurchasing@browncountywi.gov

Table of Contents

LEGAL NOTICE

South Landfill 20-Foot-Tall Litter Fence Project # 2768

RFB PROJECT DETAILS

1. General

2. Addendums

3. RFB Tentative Project Timeline

4. RFB Mandatory Pre-bid Site Visit: No Site Visit

5. RFB Questions Due: September 16, 2025, by 3:00pm

6. RFB Questions & Answers Published Date: September 18, 2025, by 3:00pm

7. RFB Due Date & Delivery Address Details: September 23, 2025, by 11:00am

8. RFB Selection Criteria

9. Award Notification

10. RFB Format & Submission Requirement

11. Bond Requirements for this Project

12. RFB Method of Payment

13. Financial Verification

14. Other

15. RFB Attachments

Attachment A: RFB Scope of Work, Specifications / Drawings Attachment B: RFB Cost Sheet Attachment C: RFB Addendum Acknowledgement Attachment D: RFB Appeals Attachment E: Contract Insurance Requirements Attachment F: BIDDER’S CERTIFICATE Attachment G: BIDDER’S PROOF OF RESPONSIBILITY Attachment H: NON-Professional Standard Contract Template Signature Page

RFB PROJECT DETAILS

1. General

It is the intent of Brown County to contract with a contractor/vendor, hereafter referred to as the “Contractor” for a fencing project. All contractors are responsible for any addendums issued for this project.

2. Addendums DemandStar Website: When an open project is posted, addendum notification will automatically be sent if potential vendors are registered and have downloaded the project details.

REGISTER at NO CHARGE at www.demandstar.com

Brown County Website: When an open project is posted, Brown County is not able to track who downloads project information off our website. Vendors who download project information must monitor our website for any addendums that may be issued.

All projects are posted on the County website. Not all projects are posted on the DemandStar website.

3. RFB Tentative Project Timeline Date Time

(CST)

RFB Published September 3, 2025 RFB Public Notice Advertised September 3 & 10, 2025 RFB Mandatory Pre-bid Meeting No Site Visit RFB Questions Due September 16, 2025 3:00 PM RFB Questions & Answers Published September 18, 2025 3:00 PM Bidder’s Proof of Responsibility Form Must be emailed to bcpurchasing@browncountywi.gov

September 18, 2025 (Due at least 5 days before RFB Responses are due)

11:00 AM

RFB Responses Due from Vendors via mail or hand delivery and including Bidder’s Certificate Form

September 23, 2025 11:00 AM

Solid Waste Board Pre-Approval to Contract TBD PD&T Committee Pre-Approval to Contract TBD County Board Approval to Contract TBD Send out Thank You & Intent to Award Letters by TBD Obtain all required signatures on Contract by TBD Project Completion December 19, 2025

4. RFB Mandatory Pre-bid Site Visit: No Site Visit

Site visits are based on the date & time listed in the Tentative Project Time Line above Contractors meet at Site Visit conducted by:

Site Visit contact phone number for questions:

5. RFB Questions Due: September 16, 2025, by 3:00pm

Questions-All questions related to this RFB must be in writing and received by the Brown County Purchasing Department, no later than the due date.

• Questions can be delivered via email to: bcpurchasing@browncountywi.gov

• Questions MUST be clearly marked in the subject line: “Questions for Project # 2768” http://www.demandstar.com/

MAILED, PHONE CALL AND FAXED QUESTIONS WILL NOT BE ACCEPTED

6. RFB Questions & Answers Published Date: September 18, 2025, by 3:00pm Answers - If any questions are received; answers to all written questions will be issued in the form of an addendum.

• Answers will be published on the Brown County website at: www.browncountywi.gov > Departments > Purchasing > Open Projects

It is the responsibility of all interested vendors to access the website for project information. Calls for assistance with the website can be made to (920) 448-4040.

7. RFB Due Date & Delivery Address Details: September 23, 2025, by 11:00am Responses are due to Brown County Clerk no later than the Due Date.

Prospective vendors can submit Project Information by Hand Delivery, DHL, FedEx, Mail, UPS, USPS, etc.

IMPORTANT: Hand delivery of bids is accepted. Bid opening will be conducted via Microsoft Teams. No in-person bid opening.

Hard copy project information:

• Must be in Sealed envelope

• Must be clearly marked with perspective project #2768 on the outside of the sealed envelope in the lower left-hand corner

• Must be received, dated & time stamped by the due date

• Refer to section 10 for format and submission requirements

Project Requirements:

• No fax or email bid accepted

• No bid may be withdrawn for ninety (90) days

• Pricing is to remain firm for a minimum of ninety (90) days

Bid opening will be via Microsoft Teams (no in-person bid opening). An addendum will be issued providing the required call-in information

Delivery Address for Hand Delivered, DHL, FedEx, Mail, UPS, USPS, etc.

Brown County Clerk Project 2768

305 E. Walnut St. Room 120 Green Bay, WI 54301

Note: It shall be the responsibility of the sender to ensure bids arrive by the required due date and time. Any information received after the due date and time will be rejected. When hand delivering project; prospective vendors are encouraged to verify the time on the atomic clock as this is the official time used for the receiving of all information. Time discrepancies between wall clocks, watches, cell phones, etc. will not be honored.

Please make sure the outside package is clearly labeled with the project number and description of the project when mailing bids via a 3rd party delivery service. This ensures the bid can be applied to the appropriate project.

8. RFB Selection Criteria Selection will be based on qualified, responsible, and responsive bidder with lowest price.

9. Award Notification Intent to Award or Thank You letters will be sent via email to all vendors submitting responses.

http://www.browncountywi.gov/

10. RFB Format & Submission Requirement Any deviation from these requirements may result in the bid being considered non-responsive, thus eliminating the vendor from consideration. The bid shall include the following completed attachments:

• AT LEAST 5 DAYS PRIOR TO THE DATE THE RFB RESPONSES ARE DUE YOU MUST ENSURE THAT BROWN COUNTY

RECEIVES THE BIDDER’S PROOF OF RESPONSIBILITY FORM (SEE ATTACHMENT G).

FORM CAN BE EMAILED TO: bcpurchasing@browncountywi.gov Only the contractor submitting the bid must submit this form. Even if you have recently submitted this form on a previous project, submittal is required for every project requesting the form. FAILURE TO PROVIDE BY REQUESTED

DATE PRIOR TO BID OPENING DATE WILL RESULT IN THE AUTOMATIC REJECTION OF THE BID

• INCLUDE RFB COST SHEET (SEE ATTACHMENT B)

• SUBMIT LIST OF SUBCONTRACTORS IF ANY ARE BEING USED FOR PROJECT

• INCLUDE BIDDER’S CERTIFICATE WITH YOUR BID (SEE ATTACHMENT F). FAILURE TO PROVIDE WILL RESULT IN THE

AUTOMATIC REJECTION OF THE BID. Even if you have recently submitted this form on a previous project, submittal is required for every project requesting the form.

• RFB ADDENDUM ACKNOWLEDGEMENT (SEE ATTACHMENT C)

IF ADDENDUM(S) EXIST for this project, then sign and date the attachment and INCLUDE

• FAILURE TO PROVIDE MAY RESULT IN THE AUTOMATIC REJECTION OF THE BID

• IF REQUIRED, INCLUDE THE BID BOND WITH YOUR SUBMITTED BID. FAILURE TO PROVIDE WILL RESULT IN THE

AUTOMATIC REJECTION OF THE BID

11. Bond Requirements for this Project Failure to submit a required Bid Bond concurrent with your bid will result in the automatic rejection of your bid.

Performance and Payment Bonds may be submitted after the Contract is awarded and signed.

• If your bid is under $50,000:

A Bid Bond is not required, and a Payment and Performance Bond is not required.

• If your bid is equal to or between $50,000 and $100,000:

A Bid Bond, or a Certified Check or a Cashier’s Check substituting for a Bid Bond, in the amount of 5% of your bid is required; and If awarded the contracts, a Performance and Payment Bond for the total amount of your bid is required.

• If your bid is over $100,000:

A Bid Bond in the amount of 5% of your bid is required (submitting Certified Checks or Cashier’s Checks substituting for a Bid Bond is not acceptable if your bid is over $100,000 and will result in the automatic rejection of your bid);

and If awarded the contract, a Performance and Payment Bond for the total amount of your bid is required.

IMPORTANT: If you have any questions on bond requirements for this project, please email Purchasing at:

bcpurchasing@browncountywi.gov

12. RFB Method of Payment

One of two methods:

1. For projects that are to be completed within 60 days: Payment is net 30 days from completion and approval of project.

2. For all other projects: Partial payment may be made. The retainage shall be an amount equal to not more than 5% of the cost until 50% of the work has been completed. At 50% completion, no additional amounts shall be retained and partial payments shall be made in full to the contractor unless the architect or engineer certifies that the job is not proceeding satisfactorily. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor.

If milestone payments are appropriate they will be defined in the contract. Payment terms: Payments may apply as noted in Wisconsin Statute 66.0135. Vendors are strongly encouraged to accept P-Card payments.

13. Financial Verification Vendor verification prior to award: Vendor’s financial solvency may be verified through financial background checks via Dun & Bradstreet or other means (e.g., Wisconsin Circuit Court Access, UCC, etc.) prior to contract award. Brown County reserves the right to reject RFBs/RFQs/RFPs based on information obtained through these background checks if it’s deemed to be in the best interest of the County.

14. Other

1. Guarantees & Warranties: Guarantees and warranties on workmanship and materials shall be started in your bid.

2. Cancelled Project Records: Brown County reserves the right to not disclose records of cancelled project to ensure open and fair competition of future solicitations.

3. Laws: All work shall conform to all applicable industry, Federal, State and Local Laws, Codes, Ordinances, OSHA requirements and Standards.

4. License: Contractors performing work are required to have a Contractor’s License for the state for which the work is to be done. All Licenses for any contractors must be current on the day of bidding and throughout the length of the project.

5. Measurements: Contractors are responsible for all measurements.

6. Permits: Contractor shall be responsible for securing all permits and underground utility locates.

7. Project Manager: Vendor shall provide a Project Manager who will act as a single point of contact for Brown County.

8. Rebate Incentives: All Contractors must indicate in their bid if they intend to apply for any rebate incentives from Focus on Energy related to this project.

9. Rejection of Submission: Brown County reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted and/or to request clarification of any bid/proposal.

10. Site Protection / Cleanup: Contractor is responsible for the proper handling of materials to include discard of debris and keeping the work site clean. Any cutting of sidewalks or parking areas must be patched accordingly. Contractor is responsible for restoring any ground or landscaping disruption due to construction of this project.

11. Taxes: Brown County and its departments are exempt from payment of all federal, Wisconsin and local taxes on its purchases except Wisconsin excise taxes.

12. Unfair Advantage: The County prohibits vendors, who have been awarded a contract and provided drawing specifications, from being able to bid on future construction projects related to those drawings to avoid a potential unfair advantage.

15. RFB Attachments A. RFB Scope of Work, Specifications / Drawings: Contractor must adhere to specifications/drawings for this project.

B. RFB Cost Sheet C. RFB Addendum Acknowledgement: Brown County reserves the right to make changes to this project. Any changes in the scope of work shall be mutually agreed upon by the Contractor and the County.

D. RFB Appeals E. Contract Insurance Requirements F. Bidder’s Certificate Form G. Bidder’s Proof of Responsibility Form – NOTE: This form must be received by Brown County not less than 5 days prior to the date and time set for the opening of bids.

H. NON-Professional Standard Contract Template: Contractors submitting bids must review the NON-Professional

Standard Contract document. Sections that may be of concern must be identified and an explanation for the objection must be provided with bid submission. If no objections are raised it shall be expected that the contractor agrees to the terms and conditions as stated.

ATTACHMENT A: RFB SCOPE OF WORK, SPECIFICATIONS / DRAWINGS

IF THERE IS ANY CONFLICTING INFORMATION BETWEEN THE ATTACHMENTS CONTAINED WITHIN ATTACHMENT A, THE TERMS AND

CONDITIONS WITHIN THE RFB TAKE PRECEDENCE OVER THE ATTACHMENT A DOCUMENTS

Scope of Services

Brown County Port & Resource Recovery Department

South Landfill 20-Foot-Tall Litter Fence Installation

Brown County Contact:

Benjamin Hintz, Landfill Manager (920) 621-4312 cell, (920) 455-7708 office

Background:

Brown County Port & Resource Recovery Department (Brown County) will be installing 20 foot tall litter control fencing at the Brown County South Landfill. Fencing will be installed along the outside edge of the landfill perimeter road on the north and east sides of the landfill. Brown County is planning to install around 2,200 feet of 20 foot fence.

There is currently in place a 5 foot chain link litter control fence to be removed where the new 20 foot fence will be installed. Start and end points for fence installation will be marked by Brown County staff prior to new fence installation. A map of the existing and proposed fence locations is attached.

Site Visit Requirements:

Not required, for visit requests please contact the Landfill Manager at (920) 621-4312 to schedule a visit.

Project Location: Brown County South Landfill

1258 Mill Road Greenleaf, WI 54126

Timeline: Installation to be completed by December 19, 2025

Contractor Responsibilities:

Contractor to furnish materials and install fencing (approximately 2,200 feet) to the below specifications. At a minimum the fence should consist of:

• 20 foot tall (above grade) galvanized chain link fence

• Chain link fabric/wire to be 9 gauge, galvanized, 2” square, knuckle, knuckle chain link

• 4" diameter SS40 posts, driven 6 feet, at 6 feet center to center spacing

• 1 5/8" diameter SS40 top rail – if rail is used it must be secured to prevent pulling out of bracket during wind events o top tension wire may be optioned in lieu of top rail

• 1 5/8" diameter SS40 middle rail

• 7ga bottom tension wire

• All steel galvanized 9 gauge wire ties/clips

• Chain link fabric/wire to be installed on landfill side of posts

Removal of existing 5 foot high litter fencing to be completed by contractor, total quantity of 5 foot fence to be removed is roughly 2,000 lineal feet. Schedule of removal to be coordinated by contractor with Brown County staff to minimize impact of windblown debris. If there will be gaps/open areas due to old fence removal prior to new fence installation the removal and installation is to take place only when average wind speed is less than 10 mph and wind gusts are less than 20 mph or work is occurring up wind of the landfill working area.

Portions of the removed 5 foot section of fence that are in good enough condition to be reused shall reinstalled to the east of the haul road into the landfill and to the east of the existing heavy equipment access road (locations for reinstall are indicated on the attached map markup). The quantity of 5 foot fence that is able to be reused may not be enough to complete the full extent of what is shown on the map markup. Portions of 5 foot fence that are not able to be reused are to be organized for Brown County staff to dispose of. Contractor is to install as much of the 5 foot fence that is usable with the following prioritization:

1. Reinstall 5 foot fence 5 feet off the gravel of the east side of the landfill truck access road starting from the south and installing to the north.

2. Reinstall 5 foot fence along the east side of the heavy equipment access road starting from the south and installing to the north.

VEGETATED

DRAINAGE WAY

SEDIMENTATION

POND. SEE DETAIL

60" STORMWATER

CULVERT B

PERIMETER 6 FT CHAIN

LINK FENCE

EXISTING OVERHEAD

HIGH VOLTAGE

TRANSMISSION LINE

AND EASEMENT

GRAVEL SURFACED

AREA

EXISTING

GROUNDWATER

MONITORING WELLS

60" STORMWATER

CULVERT A

NOTES:

1. THE BROWN COUNTY SOUTH LANDFILL PROPERTY IS

LOCATED IN SECTION 18, T21N, R20E, TOWN OF

HOLLAND, BROWN COUNTY, WISCONSIN

2. TOPOGRAPHIC BASE MAP PREPARED FROM FOTH. BASE

MAP WITHIN PROJECT AREA REPRESENTS FINAL GRADES

AS OF DECEMBER 1, 2020. BASEMAP OUTSIDE OF

PROJECT AREA PREPARED FROM AERIAL SURVEY BY

CONTINENTAL MAPPING OF SUN PRAIRIE, WISCONSIN -

DATE OF PHOTOGRAPHY IS MAY 4, 2017.

3. SITE GRID SYSTEM IS THE BROWN COUNTY COORDINATE

SYSTEM.

4. VERTICAL DATUM IS REFERENCED TO USGS MEAN SEA

LEVEL (MLS) DATUM (NAVD 1988 ADJUSTMENT). THE

CONTOUR INTERVAL IS TWO FEET.

5. MONITORING WELL MW-49 WAS DAMAGED DURING

CONSTRUCTION. WELL IS SCHEDULED FOR

REPLACEMENT IN LATE 2021.

EXISTING

ARCHEOLOGICAL

SCATTER LOCATION

EXISTING SNOW

TRILLIUM LOCATION- TO

BE PROTECTED

PROJECT NO:

DRAWN

BY DATE

DATE OF PREPARATION

SHEET NUMBER

AS SHOWN

21B027.30

STORMWATER

SYSTEM

LAYOUT

17R

MAIN SITE ENTRANCE

GATE (40 FT SWING GATE)

LIMITS OF TOPSOIL

STOCKPILE

30" STORMWATER

CULVERT F

15" STORMWATER

CULVERTS H & I

BEEHIVE INLET AND 24"

STORMWATER

CULVERT J TO DITCH

18" STORMWATER

CULVERT E

18" STORMWATER

CULVERT D

18" STORMWATER

CULVERT K

18" STORMWATER

CULVERT O

THREE 30" STORMWATER

CULVERTS 'N' AT MARSH

CROSSING. SEE DETAIL

*30

DEEP MARSH

VEGETATION

SHALLOW MARSH

VEGETATION

CULVERT G/

STORMWATER

OUTLET STRUCTURE.

SEE DETAIL

*32

24" STORMWATER

CULVERT L

18" STORMWATER

CULVERT M

3-SIDED EQUIPMENT

BUILDING

LANDFILL OFFICE

AND MAINTENANCE

BUILDING

SCALE HOUSE

ROCK BERM. SEE

DETAIL

*33

*32

PAVED AREA

RESIDENTIAL DROP

OFF AREA AND

BUNKERS

LEACHATE LOADOUT

AREA AND STORAGE TANK

STORMWATER PUMP

MANHOLE. SEE DETAIL

* DRAWING CALLOUTS WITH ASTERISK (*) REFERS TO

DRAWINGS SUBMITTED AS THE CONSTRUCTION

OBSERVATION REPORT DATED NOVEMBER 1, 2021.

GRAVEL AREA

MITIGATED WETLAND

PHASE 1 WASTE

LIMITS

PUMP BUILDING

�%�O�X�H�%���O�L�Q�H���L�Q�G�L�F�D�W�H�G���S�U�S�R�V�H�G���P�R�Y�D�E�O�H������

Area to reinstall usable sections of 5 foot fence that were removed on east and north landfill perimeter.

Red lines indicate existing 5' fence to be removed and for taller fence install.Usable portions of the 5' fence to be installed to the east, locations indicated by blue lines

Green lines indicate where new 20 foot fence to be installed

ATTACHMENT B: RFB COST SHEET

(Use of this form is required when submitting your documents; do not submit copy of project details with your submission)

Vendor Information

COMPANY PHYSICAL LOCATION INFORMATION

Legal Name:

Address:

City: State: Zip:

Phone: Fax:

Federal ID #: Website:

COMPANY REMIT INFORMATION (where to send payment, if different than above)

Billing Name:

Name to print on check, if different than above

Address:

City: State: Zip:

Accounts Payable Contact: Phone:

Accounts Payable Email: Payment Terms:

CONTACT INFORMATION / PRIMARY PERSON TO NOTIFY FOR INTENT TO AWARD OR THANK YOU

Primary Name: Title:

Email:

CONTACT INFORMATION / SECONDARY PERSON TO NOTIFY FOR INTENT TO AWARD OR THANK YOU

Secondary Name: Title:

Email:

CONTACT INFORMATION / PROJECT MANAGER

Project Manager Name: Title:

Phone: Fax:

Email:

CONTACT INFORMATION / PERSON AUTHORIZED TO SIGN CONTRACT

Contract Signer Name: Title:

Phone: Fax:

Email:

Does your Company accept MasterCard Credit Card for payment? YES NO (Circle one)

If credit card payment is accepted, do you charge a service fee? YES NO (Circle one) If yes, service fee is %

Comments:

Does your Company accept the Brown County Standard Contract? YES NO (Circle one)

Comments:

RFB Pricing

BASE Bid:

Install Fencing, estimated at roughly 2,200 feet with 1 5/8" diameter SS40 top rail (pricing to include removal of existing 5-foot fence)

$___________________ per lineal foot

$__________________ total for 2,200 lineal feet

OPTIONAL Bid:

Install Fencing, estimated at roughly 2,200 feet with top tension wire in lieu of top rail: (pricing to include removal of existing 5-foot fence)

$__________________ per lineal foot with top tension wire

$_________________ total for 2,200 lineal feet with top tension wire

Reinstall used/existing 5-foot-tall fence at specified location(s):

$___________________ per lineal foot

$__________________ total for 2,000 lineal feet (if full quantity can be reused)

Brown County reserves the right to proceed with acceptance of bids and choose final quantity of fence to be installed; it may be less than quantities listed

Estimated lead time to start work from award of contract: ____________________

Estimated time to complete work once started: ____________________

*All pricing is to be inclusive of all costs including travel and meals.

ATTACHMENT C: RFB ADDENDUM ACKNOWLEDGEMENT

(If Addendums exist for this project, please sign and date and send with your bid)

Important: Failure to submit this form when addendums have been issued may result in the rejection of your bid

The undersigned acknowledges receipt of the following addenda by checking the box(es) below:

1 ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐

Additional Addenda should be written here:

I have examined and carefully prepared the RFB/RFP/RFQ from the plans and specifications and have checked the same in detail before submitting the RFB/RFP/RFQ to Brown County.

The Undersigned agrees to the above statement:

Printed Name:

Signature:

Date:

If this RFB/RFP/RFQ is assigned a project number all vendors are responsible to check for addendums, published on the Onvia DemandStar website and our website at www.co.brown.wi.us, for this project prior to the due date.

If RFB/RFP/RFQ has already been submitted, vendor is required to acknowledge receipt of addendum via fax or e-mail prior to due date. New RFB/RFP/RFQ must be submitted by vendor if addendum affects costs.

Vendors that do not have Internet access are responsible for contacting our purchasing department at 920-448-4040 to ensure receipt of addendums issued.

RFBs/RFPs/RFQs that do not acknowledge addendums may be rejected.

All RFBs/RFPs/RFQs submitted will be sealed. Envelopes are to be clearly marked with required information. Sealed RFBs/RFPs/RFQs that are opened by mistake due to inadequate markings on the outside may be rejected and returned to the vendor.

ATTACHMENT D: RFB APPEALS

(This appeals attachment is for your information only, there is no need to sign or mail it back.)

To: Vendors

RE: Brown County Appeals Process

An appeal refers to a written request from a vendor for reconsideration of vendor selection on a RFB, RFP or RFQ

Appeals may be submitted for the following purchases:

1. the item is a public work project bid under Section 55.52 (29) and 66.29 of the Wisconsin Statutes; or

2. the item price or proceeds is $5000 or more or the total order is $10,000 or more; and

3. vendor selection was based on factual errors; or

4. the lowest price or highest proceeds vendor was not selected for RFQ or RFB; or

5. failure by the County or its agents to adhere to the County’s policies and procedures or other legal requirements

Appeals shall be submitted in writing and should specify the factual error or policy, procedure or other legal requirement which has been violated. Vendor appeals are to be submitted to the Internal Auditor within 3 business days from the receipt of the rejection letter. Appeals not containing the necessary information or not filed on a timely basis shall be rejected by the Internal Auditor.

If the Internal Auditor determines that an appeal is valid, an appeals hearing shall be convened. A decision on all appeals will be rendered within 5 working days of the date upon which the request for appeal was received. All decisions of the Appeals Committee shall be final. Appeals Committee consists of three people: The Chairman of both the Executive and Administration Committees and the Internal Auditor.

Submit To:

Brown County Internal Auditor

305 E. Walnut St. Rm 102 Green Bay, WI 54301

ATTACHMENT E: CONTRACT INSURANCE REQUIREMENTS

(Potential vendors are required to meet the following insurance requirements in order to be awarded a contract.

There is no need to sign or mail it back.)

Awarded vendor is required to provide a certificate of insurance within three (3) business days of receiving the ‘Intent to Award’ notice. Certificates are required to be valid and provided annually to Brown County Administration, 305 E. Walnut Street, Green Bay, WI 54301 or email at: bcpurchasing@browncountywi.gov throughout the contract term.

1. Hold Harmless

Vendor hereby agrees to release, indemnify, defend and hold harmless Brown County, their officials, officers, employees and agents from and against all judgments, damages, penalties, losses, costs, claims, expenses, suits, demands, debts, actions and/or causes of action of any type or nature whatsoever, including actual and reasonable attorney fees, which may be sustained or to which they may be exposed, directly or indirectly, by reason of personal injury, death, property damage, or other liability, alleged or proven, resulting from or arising out of the performance under this agreement by vendor, its officers, officials, employees, agent or assigns. Brown County does not waive, and specifically reserves, it’s right to assert any and all affirmative defenses and limitations of liability as specifically set forth in Wisconsin Statutes, Chapter 893 and related statutes.

2. Insurance Requirements

Vendor, Contractor, Tenant, Provider, Organization or other (will be referred as Outside Contractor) shall provide and maintain at its own expense during the term of their agreement, the following insurance policies covering its operations hereunder are minimum requirements. Such insurance shall be provided on a primary basis by insurer(s) financially solvent and authorized to conduct business in the State of Wisconsin.

The Outside Contractor shall not commence work under this contract until all insurance required under this paragraph is obtained and such insurance has been approved by a County representative, nor shall any Outside Contractor allow subcontractors to commence work on their subcontract until all similar insurance requirements have been obtained and approved by a County representative. Notwithstanding any provisions of this section, and for purposes of this agreement, contractor acknowledges that its potential liability is not limited to the amounts of insurance coverage it maintains or to the limits required herein.

Comprehensive General Liability (Occurrence Form) Products and Completed Operations

Personal Injury and Advertising Liability Independent Contractors / Protective

Limits of Insurance $1,000,000 per occurrence $1,000,000 aggregate

Business Automobile Liability: Covering all owned, hired, and non-owned vehicles Limits of Insurance $1,000,000 per occurrence for bodily injury and property damage

Excess / Umbrella Liability Limits of Insurance $1,000,000 per occurrence

Worker’s Compensation Insurance and Employers Liability State Statutory Workers’ Compensation Limits Employer Liability $100,000 each accident

3. Additional Insured

The Outside Contractor agrees that all liability policies other than professional liability shall name Brown County as additional insured with respects to: liability arising out of activities performed by or on behalf of the vendor/contractor; products and completed operations of vendor/contractor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection to the County.

4. Adjustment to Insurance Coverage

The limits of liability as set forth herein shall be periodically reviewed and adjustments made so as to provide insurance coverage in keeping with increases in the Consumer Price Index and what is deemed to be prudent and reasonable by the County or its representatives. In the event that the County determines that the limits need to be adjusted at some time after the initial term of the contract, the County shall give notice to the contractor in writing of the new limits and the Contractor shall make such adjustments to its insurance coverage within 60 day of such notice.

5. Subcontractor

Subcontractors of the Outside Contractor shall also be in compliance with these requirements, including but not limited to, the submittal of a Certificate of Insurance that meet the same requirement outlined for the Outside Contractor.

6. Waiver of Subrogation

Insurers shall waive all subrogation rights against Brown County on all policies required under this requirement.

7. Certificate of Insurance

The Certificate of Insurance must include:

1. Additional Insured: Named as Brown County

2. Cancellation: Shall include a provision prohibiting cancellation of said policies except upon 30 days prior written notice to the County to include non-renewal, or material change in coverage.

3. Project Information: Shall include reference to the contract name and / or RFB number in the description section of the certificate.

4. Receipt of Certificate: A valid Certificate shall be issued to “Brown County” prior to commencement of work and meeting the requirements listed to avoid any interruption of normal business services and transactions.

5. Signature(s): Shall be issued by companies licensed to do business in the State of Wisconsin or signed by an agent of the

State of Wisconsin. Certificates must also bear the signature of the insurer’s authorized representative.

The certificate of insurance will be delivered to Brown County prior to the execution of the contract, to the below listed department and address.

Brown County Department of Administration 305 E Walnut Street

Green Bay, WI 54305-23600

8. Questions

If any of the insurance requirements cannot be met, please contact the Brown County Risk Manager at (920) 448-6298 to explain what coverage’s you are unable to obtain on your policy. Please provide information on what contracts you are bidding on or currently hired to work on.

ATTACHMENT F: BIDDER’S CERTIFICATE

Failure to submit with bid when required will result in automatic rejection of the bid

BIDDER’S CERTIFICATE

Per Wis. Stat. Sec. 66.0901(7)

This Bidder’s Certificate form must be completed by the contractor submitting a bid/proposal, and must be sworn to, notarized and timely returned to Brown County, as directed in the Request for Bids.

Statement of Bidder:

I hereby incorporate this sworn Bidder’s Certificate into my bid/proposal, and hereby make this Bidder’s Certificate part of my bid/proposal.

I affirmatively state that I, or an authorized representative of mine, have/has examined and carefully prepared the bid/proposal submitted from the plans and specifications provided, and have checked the same in detail before submitting the bid/proposal to the County of Brown. I have also included the names of subcontractors I propose to contract with and the class of work to be performed by each elsewhere in my bid/proposal.

Printed Name of Signor

Signature of Signor

Date Signed

Title of Signor

Phone of Signor

Email Address of Signor

State of WI

County of:

Signed and Sworn to Before Me on (Date):

By (Printed Name):

Notary’s Signature:

Notary’s Expiration Date:

Notary’s Seal:

ATTACHMENT G: BIDDER’S PROOF OF RESPONSIBILITY

Failure to submit when required prior to bid due date will result in automatic rejection of the bid

BIDDER’S PROOF OF RESPONSIBILITY

Per Wis. Stat. Sec. 66.0901(2) and Per Brown County Code Sec. 3.01(5)

This Bidder’s Proof of Responsibility form must be completed by the contractor submitting a bid, and must be notarized and timely received by Brown County as directed in the Request for Bids. This form must be received by Brown County not less than 5 days prior to the time set for the opening of bids.

Definitions. The following definitions apply below:

"Contractor" means a person, corporation, partnership or any other business entity that performs work on a public works contract as a general contractor, prime contractor or subcontractor at any tier.

“Registered Apprenticeship Program" means an apprenticeship program that is currently registered with either a State or Federal governmental entity and that has a graduated apprentices to journeyperson job classification system process as well as a bonafide training program.

"Public Works Contract" includes any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000.

Responsible Bidder Questions for Contractor to Evidence Proof of Responsibility (circle either “Yes” or “No” after each question, and in addition you may submit a separate sheet if you wish to provide more descriptive responses).

1. Does the contractor maintain a permanent place of business?

Yes or No

2. Is the contractor authorized to do business in the State of Wisconsin?

3. Has the contractor, agent, partner, employee and/or officer of the contractor, been debarred, suspended, or declared ineligible from contracting with any unit of federal, state or local government?

4. Is the contractor in compliance with the provisions of Section 2000e of Chapter 21, Title 42 of the United States Code, and Federal Executive Order No. 11246, as amended by Executive Order No.

11375 (known as the Equal Opportunity Employer provisions)?

5. Does the contractor have adequate and appropriate:

a) General liability insurance;

Yes or No

b) Automobile insurance, except when a licensed motor vehicle is not used in the performance of the contract; and Yes or No

c) Workers' compensation and unemployment insurance, except when the contractor does not have employees?

6. Has the contractor complied with all provisions of any prevailing wage laws and federal Davis-Bacon related Acts, and the rules and regulations therein, for projects undertaken by the contractor that are covered by these laws, for the past five (5) years?

7. The Brown County Purchasing Department is NOT requiring in this Request for Bids that in order to be considered a responsible bidder, the contractor must participate in a Registered Apprenticeship Program;

No Answer Required

8. Does the contractor have a written substance abuse prevention program meeting the requirements of Wisconsin Statutes Section l03.503?

9. Are the employees who will perform work on the project for the contractor properly classified as employees or independent contractors under all applicable laws;

10. Has the contractor been the subject of any order or judgment from any state or federal agency or court concerning an employment practice?

Yes or No If you answered “Yes” directly above, then the contractor must provide copies of the investigation, order or judgment for the county to consider as a factor in determining whether the contractor is a responsible bidder. The contractor may be disqualified for failing to provide said documentation.

11. Are the contractor's employees who will perform work on the project covered under a current workers' compensation policy and properly classified under such policy?

12. Is the contractor in compliance with all laws regarding health insurance coverage for employees?

13. Does the contractor possess all applicable professional and trade licenses required for performing the public works?

14. Does the contractor have adequate financial resources to complete the public works contract, and to complete all other work the bidder is presently under contract to complete?

15. Is the contractor bondable for the terms of the proposed public works contract?

16. The Brown County Purchasing Department is NOT requiring in this Request for Bids that in order to be considered a responsible bidder, the contractor must have a record of satisfactorily completing a specific number of projects of similar size and complexity within the last specific number of years.

No Answer Required

17. Does the contractor have a history of satisfactorily completing projects?

Criteria which will be considered in determining whether the contractor is a responsible bidder regarding satisfactorily completing projects may include, but are not limited to, whether the contractor has an acceptable past history of: a) completing contracts in accordance with drawings and specifications; b) diligently performing work and completing contracts in accordance with established time schedules, including any granted extensions of time; and c) fulfilling guarantee requirements of the contract documents.

18. Does the contractor have, and diligently maintain, a written safety program?

No Restriction on Discretion. If information is discovered or comes into the possession of the county or a county department, official and/or employee responsible for awarding the public works contract, and if such information calls into question the contractor's abilities or competence to faithfully and responsibly comply with the terms of a public works contract and is considered to be both credible and verifiable, then that information shall be considered in determining whether the contractor is a responsible bidder.

By signing below, I affirm under oath that I have authority to complete this form on behalf of contractor, the information provided in this Bidder’s Certificate of Responsibility is true, accurate and complete, and that my signature on this Bidder’s Certificate of Responsibility was sworn to before an officer authorized by law to administer oaths. I understand that in order to be considered a responsible bidder, this form must be received by Brown County, as indicated in the Request for Bids, not less than 5 days prior to the time set for the opening of bids.

Printed Name of Signor

Signature of Signor

Date Signed

Title of Signor

Phone of Signor

Email Address of Signor

State of WI

County of:

Signed and Sworn to Before Me on (Date):

By (Printed Name):

Notary’s Signature:

Notary’s Expiration Date:

Notary’s Seal:

ATTACHMENT H: NON-PROFESSIONAL STANDARD CONTRACT TEMPLATE

(This document is provided as a template to potential vendors as a requirement that this document is to be used to contract with the awarded vendor. There is no need to sign or mail it back at this time.)

Sections that may be of concern must be identified and an explanation for the objection must be provided with bid submission. If no objections are raised it shall be expected that the contractor agrees to the terms and conditions as stated.

BROWN COUNTY NON-PROFESSIONAL

STANDARD CONTRACT

All posted project details and addendums shall be part of this contract.

Project #: 2768

Service Description: South Landfill 20-Foot-Tall Litter Fence

Time of Performance: Substantial Completion by Date:

Total Amount of Contract: Maximum Compensation not to Exceed:

The parties to this CONTRACT are (Insert Vendor Name), (Hereinafter referred to as the "CONTRACTOR"), and Brown County of the State of Wisconsin (hereinafter referred to as the "COUNTY").

Please mail all invoices to the below address and reference Project number and/or Purchase Order number:

Performance, schedules, and invoices will be approved by the following Brown County

Contact:

Ben Hintz

Brown County Department: Port & Resource Recovery

Address: 2561 S. Broadway St.

City, State Zip: Green Bay, WI 54304

Phone: 920-492-4955

Email: benjamin.hintz@browncountywi.gov

Work shall commence in accordance with the terms and conditions of this Contract after the CONTRACTOR has executed the Contract, and (a) has been notified in writing to commence the Performance of Services, or (b) has received from the COUNTY an original of the Contract that is complete and fully executed.

In reliance on the CONTRACTOR’S representations as being capable, experienced and qualified to undertake and personally perform those services as are required in accomplishing the fulfillment of the obligations under the terms and conditions of this Contract, the COUNTY agrees to engage the CONTRACTOR as an independent contractor and not as an employee of the COUNTY to perform those services, all in accordance with the terms and conditions of this Contract.

mailto:benjamin.hintz@browncountywi.gov

1. REQUIREMENTS: The CONTRACTOR is required to:

A. Do, perform, and carry out in a satisfactory, timely, and proper manner the services delineated in this Contract.

B. Comply with requirements listed with respect to reporting on progress of the services, additional approvals required, and other matters relating to the performance of the services.

C. Comply with time schedules and payment terms.

2. SCOPE OF SERVICES: CONTRACTOR and its subcontractors agree to fulfill all obligations described in the County’s Project, along with any addenda. Reference the Brown County project for project details, to include project specifications and attachments.

The contract amount includes all services, deliverables, and reimbursable expenses. Additional reimbursable fees will not be accepted without proper approval and change order submission.

3. SPECIFIC CONDITIONS OF PAYMENT: Payment is due after completion and acceptance of the project by Brown County.

Payment will be made within thirty (30) days after receipt of a properly documented invoice to the address below:

Payment Terms: Net 30

Check Payable To:

Invoice Mailing Address:

City, State Zip

Invoice Email Address:

Invoice Phone Number:

Federal Tax ID#:

Payments are to be released in accordance to any applicable schedules and only if project completion is satisfactory.

4. REPORTS:

A. The CONTRACTOR agrees to timely submission of reports as may be required by the COUNTY.

B. All reports, studies, analyses, memoranda and related data and material developed during the performance of this Contract shall be submitted to and be the exclusive property of the COUNTY, which shall have the right to use them for any purpose without any further compensation to the CONTRACTOR. All of the documents and materials prepared or assembled by the CONTRACTOR under this Contract will not be made available to any individual, agency, public body or organization other than the COUNTY.

C. The documents and materials prepared in whole or in part under this Contract shall not be made the subject of any report, book, writing or oral dissertation by the CONTRACTOR. If this Contract is terminated, all finished or unfinished documents or materials prepared under this Contract shall be immediately transmitted to the COUNTY upon termination.

5. TIME OF PERFORMANCE: The services to be performed under this Contract are to be undertaken and completed in such sequence as to assure expeditious completion in light of the purpose of this Contract, but in any event all of the services required hereunder shall be completed as indicated on Page 1 of the NON-Professional standard contract under "Time of Performance," which is the termination date of this Contract. In addition to all other remedies available to the COUNTY, should the Contract not be completed as required, the CONTRACTOR shall continue to be obligated thereafter to fulfill CONTRACTOR'S responsibility to complete the services and to execute any necessary amendments to this CONTRACT.

6. CONDITIONS OF PERFORMANCE AND COMPENSATION:

A. Performance - The CONTRACTOR agrees that its work shall be completed in a workmanlike manner and shall conform to such recognized high professional standards as are prevalent in this field of endeavor and like services in a similar locality.

B. Place of Performance – The COUNTY shall determine the place or places where services shall be provided by the

CONTRACTOR.

C. Compensation - The COUNTY agrees to pay, subject to the contingencies herein, and the CONTRACTOR agrees to accept for the satisfactory performance of the services under this Contract, the maximum as indicated on Page 1 under “Total Amount of Contract,” inclusive of all expenses. In no event will the total compensation exceed the maximum amount indicated on Page 1. Compensation for services provided under this Contract is contingent upon the approval process set forth in Section 3. Specific conditions of payment shall be subject to Section 66.0135. Wisconsin Statutes as it applies to any late payments by the COUNTY, except as provided by Section 22 of this Contract.

D. Taxes, Social Security and Government Reporting - Personal income tax payments, social security contributions and all other governmental reporting, taxes and contributions as a consequence of the CONTRACTOR receiving payment under this Contract shall be the sole responsibility of the CONTRACTOR.

E. Subcontracting - The CONTRACTOR shall not subcontract for the performance of any of the services herein set forth without prior written approval obtained from the COUNTY. If any work or service is subcontracted, it shall be specified by written contract or agreement and shall be subject to and controlled by each provision of this Contract. The CONTRACTOR shall be as fully responsible to the COUNTY for the acts and omissions of its subcontractors and or persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by CONTRACTOR.

7. INDEMNIFICATION AND DEFENSE OF SUITS: The CONTRACTOR hereby agrees to release, indemnify, defend and hold harmless Brown County, its officials, officers, employees and agents from and against all judgments, damages, penalties, losses, costs, claims, expenses, suits, demands, debts, actions, liabilities and/or causes of action of any type or nature whatsoever, including actual and reasonable attorneys’ fees, which may be sustained or to which they may be exposed, directly or indirectly, by reason of personal injury, death, property damage, or other liability, alleged or proven, resulting from or arising out of the performance under this agreement by CONTRACTOR, its officers, officials, employees, agent or assigns. The COUNTY does not waive, and specifically reserves its right to assert any and all affirmative defenses and limitations of liability as specifically set forth in Wisconsin Statutes, Chapter 893 and related statutes.

8. REGULATIONS: CONTRACTOR agrees to comply with all of the requirements of all federal, state and local laws related thereto.

9. SAFETY REQUIREMENTS: All material, equipment and supplies used or provided to the COUNTY must comply with all safety requirements as set forth by the federal, state and local laws, including but not limited to, Wisconsin Administration Code, Rules of the Industrial Commission on Safety and all applicable OSHA standards.

10. VENUE AND APPLICABLE LAW: Any lawsuits related to or arising out of disputes under this Contract shall be commenced and tried in the Courts of Brown County, Wisconsin and the COUNTY and CONTRACTOR shall submit to the jurisdiction of the Courts for such lawsuits. In all respects, this Contract and any disputes arising under it shall be governed by the laws of the State of Wisconsin.

11. TERMINATION OF CONTRACT FOR CAUSE: If through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the CONTRACTOR violates the covenants, agreements or stipulations of this Contract, the COUNTY shall have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination delivered pursuant to Section 24. The written notice shall be provided to the CONTRACTOR at least five (5) days before the effective date of such termination. COUNTY may allow the CONTRACTOR a reasonable amount of time to cure a breach of the terms of this Contract, if the breach is amenable to a cure. COUNTY shall not unreasonably withhold such permission.

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

Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the…