Request for Proposal (RFP) For Water Softening System Including Installation

Transcription

1 Request for Proposal (RFP) For Water Softening System Including Installation Posting Date: February 25, 2013 Response Deadline: March 12, :00 p.m. Central Standard Time (CST) To: Erik Aleson, Assistant Park s Administrator Marinette County Park s Department 1926 Hall Avenue Marinette WI 54143

2 Table of Contents I. BACKGROUND... 3 II. TENTATIVE PROJECT TIMELINE... 3 III. RFP DUE DATE... 3 IV. RFP QUESTIONS... 3 V. RFP SUBMISSION REQUIREMENTS... 4 VI. PROPOSAL FORMAT... 4 VII. SCOPE OF SERVICES... 5 VIII. PROJECT CONDITIONS... 5 IX. APPLICABLE PUBLICATIONS:... 5 X. SPECIFICATIONS... 6 SOFTENING SYSTEM... 6 EXTERNAL SOFTENER PIPING... 8 BRINE PIPING... 9 VALVES... 9 PRESSURE GAGES... 9 BACKFLOW PREVENTER... 9 BRINE REUSE/RECYCLE SYSTEM... 9 XI. MANUFACTURER S LITERATURE AND DATA... 9 XII. LIQUIDATED DAMAGES... 9 XIII. CONTRACT TERMS XIV. REFERENCES XV. FINANCIAL VERIFICATION XVI. OTHER WORKERS COMPENSATION INSURANCE: AUTO LIABILITY INSURANCE: GENERAL LIABILITY INSURANCE: ADDITIONAL INSURED SUBCONTRACTOR WAVIER OF SUBROGATION CANCELLATION NOTICE PROOF OF INSURANCE XVII. PROJECT CHANGES XVIII. ATTACHMENTS Page 2

3 I. BACKGROUND Marinette County Park s Department is requesting proposals for a water softening system complete with piping services, electrical services, controls, accessories and auxiliary equipment to be installed in the Morgan County Park shower building at Timm s Lake Road, Niagara WI Not withstanding any other provisions of the RFP, Marinette County reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or a combination of items when doing so would be to the advantage of Marinette County or its taxpayers. It is further within the right of Marinette County to reject proposals that do not contain all elements and information requested in this document. Marinette County shall not be liable for any losses incurred by the contractor making the proposal throughout this process. The cost of preparing a response to this RFP is not reimbursable in part or in whole to the contractor. Any proposal received will become the property of Marinette County and a matter of public record. Any proprietary material or information should be marked and submitted as a supplement to the proposal to allow the County to protect the information as warranted. II. III. TENTATIVE PROJECT TIMELINE RFP posted by 4:30 p.m. February 25, 2013 RFP questions due by 10:00 a.m. March 4, 2013 RFP questions answered by 4:30 p.m. March 7, 2013 RFP responses due from potential vendors by 3:00 p.m. March 12, 2013 RFP DUE DATE Proposals shall be submitted to the Assistant Park s Administrator by no later than 3:00 p.m. central time on Tuesday, March 12, Proposals shall be clearly labeled Water Softening System Response and submitted to the location/address listed below. Delivery Address for Hand Delivery, USPS, UPS, DHL, Fed X: Erik Aleson Marinette County Park s Department Water Softening System Response 1926 Hall Avenue Marinette WI Each proposal must be received by the due date and time set for this RFP. A proposal received after the established deadline will not be considered. IV. RFP QUESTIONS All questions related to this RFP must be submitted not later than 10:00 a.m. CST, March 4, 2013, via e mail to ealeson@marinettecounty.com. Clearly mark the e mail Questions for Water Softening System. Phone call or faxed questions will not be accepted. Page 3

4 Answers to questions will be posted in the form of an addendum to the RFP and placed on the Marinette County website on March 7, 2013, not later than 4:30 p.m. CST. It is the responsibility of all interested vendors to access the website for this information. Calls for assistance with the website may be made to (715) V. RFP SUBMISSION REQUIREMENTS The proposal shall be sealed and labeled with the following information: Water Softening System Name of Vendor Address Contact Person Telephone and Facsimile Number E mail Address One original response and one copy are required to be submitted. The proposal must include the following: Design Parameters Attachment A Tabulation Sheet Attachment B Reference Sheet Attachment C Statement of Understanding Attachment D Addendum Sheet, if applicable Attachment E Manufacturer s Literature and Data Complete detailed layout, setting, arrangement, and installation drawings including electrical/pneumatic controls. Drawings shall also show all parts of the apparatus including relative positions, dimensions, sizes and general arrangement of connecting piping. Completed System Readiness Checklist provided and completed by the contractor, signed by a qualified technician and dated on the date of completion. Upon award of the contract, the selected vendor will be required to submit a federal W 9 Form and payment address to Marinette County. Vendors previously established with the county may have this requirement waived. The proposal shall be prepared with a straightforward, concise delineation of the vendor s capabilities to satisfy the requirements of this RFP. A vendor may withdraw or modify its proposal prior to the proposal due date. Any changes or withdrawals must be made in writing prior to the proposal due date. VI. PROPOSAL FORMAT Proposals shall be typewritten on standard 8½ x 11 paper. Larger paper is permissible for charts, spreadsheets, or similar documents. Page 4

5 Proposals should be prepared in a simple, cost effective format providing a straightforward concise description of the vendor s capabilities to satisfy the requirements of the RFP. The use of elaborate materials and the inclusion of additional information that has no direct bearing on the project are not desired. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All parts, pages, figures, and tables should be numbered and clearly labeled. VII. VIII. IX. SCOPE OF SERVICES Marinette County Park s Department is requesting proposals for a sodium cycle, cation exchange, pressure type, water softening system complete with piping services, electrical services, controls, accessories and auxiliary equipment. This system must be installed in the Morgan County Park shower building at Timm s Lake Road, Niagara WI no later than April 30, PROJECT CONDITIONS Influent Water Analysis: Hardness: Iron: Total Dissolved Solids: Tannins:.5 Color: 28 ppm 7 ppm 374 ppm Clear PH: 7.4 Confirm the analysis with current samples and tests. APPLICABLE PUBLICATIONS The publications listed below form a part of this specification to the extent referenced. The publications are referenced in the text by the basic designation only. Federal Specifications (Fed. Spec.) A A 694D...Sodium Chloride, Technical American Society of Mechanical Engineers (ASME) B Cast Iron Pipe Flanges and Flanged Fittings B Malleable Iron Threaded Fittings Classes 150 and 300 B Pressure Gages and Gage Attachments Boiler and Pressure Vessel Code, Section VIII, Pressure Vessels, 2007 ASTM International (ASTM) A53/A53M 07...Pipe, Steel, Black and Hot Dipped, Zinc Coated Welded and Seamless D ae2...Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent Piping and Fittings. Page 5

6 American Water Works Association (AWWA) B Hypochlorites B Liquid Chlorine C Disinfecting Water Mains National Electrical Manufacturers Association (NEMA) ICS (R Industrial Control and Systems: Enclosures Department of Health and Human Services, Food and Drug Administration (FDA) CFR 21, Chapter 1, Part , Ion Exchange Resins CFR 21, Chapter 1, Part , Resinous and Polymeric Coatings X. SPECIFICATIONS SOFTENING SYSTEM Vertical, down flow, pressure type with automatic controls to operate on sodium cycle. Automatic alternating duplex units. Designed for 690 kpa, 100 psi working pressure. All materials exposed to water shall be considered as generally safe by the Food and Drug Administration (FDA). PERFORMANCE REQUIREMENTS 1. Continuous flow of zero hardness soft water using the ASTM soap test method with influent water conditions and flows, with only one of the duplex units in service. Influent water conditions can be found under Section VIII. Project Conditions. Water Conditions should be listed on Attachment A, Design Parameters. 2. Exchanger material shall not wash out of apparatus during any softening run regardless of rate of flow. 3. Turbidity and color of treated water shall not increase above that of raw water. 4. Dirty or turbid water shall not occur during any softening run, regardless of changes in demand rate. 5. Strainer system, gravel bed, and exchange material shall not become fouled, either by turbidity in the raw water, or by dirt, rust or scale from pipe to the extent to render backwash ineffective. 6. Regeneration shall be accomplished within a period of 75 minutes and occur not more than once per day. Regeneration period shall be that part of cycle of operation from the time unit has delivered its softening capacity until it is ready to be delivering soft water again, including all backwashing, brining and brine washout, complete. Amount of salt necessary to completely recondition unit after a capacity run shall not exceed 240 kg per cubic meter (15 pounds per cubic foot) of existing material. SOFTENER TANKS There are two softener options. The specifications for each option are listed below. Steel Option Butt welded industrial grade steel. Test hydrostatically at 1.5 times the design pressure and provide certification. // Conform to ASME Boiler and Pressure Vessel Code, Section Page 6

7 VIII. Provide stamp on tank and written certification. // Sidewall height shall be adequate to allow 50 percent of the mineral bed depth for expansion. Tanks shall have openings for mineral filling and removal. Provide steel supports to hold tanks in operating position above floor //and designed to resist seismic loading requirements for Zone 4, UBC Importance Factor 1.0//. Exterior shall be degreased, cleaned, and coated with manufacturer s standard prime and finish coatings. Interior shall have near white sandblast and lined with phenolic epoxy, mm (8 10 mils) thick. Interior coating shall be chemically inert, non toxic, odorless and meet the requirements of CFR 21, Chapter 1, Fiberglass Reinforced Plastic (FRP) Option Polyester reinforced by a continuous roving glass filament overwrap. Hydrostatically test at design pressure and provide certification. Support on a molded structural base. Tanks shall have flanged openings for mineral filling and removal. Provide vacuum breaker. DISTRIBUTION SYSTEM Soft water collector and backwash water distributor shall be non clogging, single point and hub radial laterals, designed to not cause channeling in the bed, PVC, Schedule 80. The distributor system shall be fully covered by one layer of quartz under bedding with no debris or fines. EXCHANGE MATERIAL Exchange materials shall be solid virgin high capacity styrene base resinous material. Material shall be stable over the entire ph range with good resistance to bead fracture from attrition or osmotic shock. Particle size mesh and contain no agglomerates, shells, plates or other shapes that might interfere with the functioning of the softener. Exchange capacity as CaCO3 shall be considered to be 840 grains per cubic meter (23.8 grains per cubic foot) at 240 kg per cubic meter (15 pounds per cubic foot) salt dosage. Resin shall not require dosing or addition of any chemical, mixture, or solution to the water requiring treatment, or the water used for backwashing, other than NaCl for regeneration. Resin shall be FDA compliant under CFR 21, Chapter 1, BRINE MEASURING TANK WITH COVER Tank and cover shall be rotationally molded high density polyethylene. Tank sized to provide a minimum of four regenerations per load of salt at a full salting. Tank shall include elevated salt plate and a chamber to house the brine valve assembly. BRINE SYSTEM CONTROLS Automatic valve shall open to admit brine to softener and close to prevent air admission to the softener. During refill, the valve shall regulate flow of soft water to the brine tank. Provide float operated safety valve to prevent brine tank overfill. SYSTEM CONTROLS 1. The controller shall be completely automatic and shall sequence all steps of regeneration and return the softener to a service or stand by mode and alternate the duplex units. Selectable time or flow meter initiated regeneration. The initiating Page 7

8 time or volume set points shall automatically reset upon initiation of the regeneration sequence. Controller shall permit manual initiation of regeneration. 2. Computer based field programmable controller with selectable flow meter based and time clock based operating cycles. The controller will utilize alphanumeric, selfprompting programming for simple start up. EEPROM memory shall store program data eliminating need for battery back up on configuration input after power loss. Controller shall be self diagnostic and capable of emitting an audible error signal and displaying error specific messages. Controller shall have lockout function to prevent unauthorized access to the program data. Controller shall have a sealed keypad with capability of all programming functions. Fluorescent alphanumeric display on face of controller is desired. Enclose controls in NEMA ICS 6; Type 4X enclosure mounted approximately 1.5 meters (5 feet) above the floor. 3. Operating conditions shall be continuously monitored and display shall show time of day, volume remaining before next regeneration, number of regenerations in last 14 days, number of days since last regeneration, instantaneous flow rate, resettable totalized flow since the last regeneration, time of next regeneration, and identify the cycle that is in progress. 4. Flow shall be regulated to prevent resin loss, operate between 200 and 690 kpa (30 and 100 psi) supply pressure, and prevent noise and hydraulic shock. Control shall permit only one unit to regenerate at a time. 5. Flow meter shall have turndown range of 60/1, minimum accuracy of +/ 1% of maximum range, repeatability of +/ 0.5% of full range. Install with manufacturer s recommended straight pipe before and after the meter. 6. Main operating valve shall be a fully automatic multiport diaphragm type or valve nest constructed of cast iron or corrosion resistant alloy material with hard coat anodization and final coat of flouroplate polymer. Coating shall resist 1000 hour/5% salt spray test without sign of corrosion. Valves shall be slow opening and closing, free of water hammer; diaphragm assembly shall be fully guided. All valve parts accessible for service. The main operating valve shall include a valve mounted automatic self adjusting brine injector to draw brine and control rinse at a constant rate regardless of water pressure in the range of 200 to 690 kpa (30 to 100 psi). Valve shall have soft water sampling cock and indicator to show system status. SAMPLING COCKS Provide for hard and soft water. SODIUM CHLORIDE Fed. Spec. A A 694D. Provide sufficient quantity for ten regenerations. EXTERNAL SOFTENER PIPING 1. Pipe: ASTM A53, galvanized, Schedule Fittings: Malleable iron, ASME B16.3, or coated cast iron, ASME B16.1, class 125. Page 8

9 3. Flanges: ASME B16.1, Class Threaded Joints: Shall be made with ends reamed out. Apply bituminous base lubricant or fluorocarbon resin tape to male threads only. BRINE PIPING Polyvinyl chloride (PVC), ASTM D2665, Schedule 80 with solvent welded joints. VALVES Ball: Carbon steel body, stainless steel trim, reinforced Teflon seat and seal, full port, threaded ends. PRESSURE GAGES ASME B40.100, Grade A, 1% accuracy, 110 mm (4 1/2 inches) diameter, all metal case, bottom connected. White dials, black hands, graduated from 0 to 700 kpa (0 to 100 psi) and identity labeled. Provide gages with gage cocks at softener hard water inlet and soft water outlet to show pressure drop thru softener. BACKFLOW PREVENTER Provide on suction side of water softener serving boilers. Parts shall be made of corrosion resistant materials and shall be of heavy duty construction, 850 kpa (125 psi) class minimum. Units shall operate automatically on line pressure without any manual control or assistance. Failure of any part vital to prevention of backflow shall be indicated by a continuous discharge for relief valve opening. Moving parts shall be easily removed and replaced without disconnecting backflow preventer, shall operate on "reduced pressure" principle and incorporate a zone where pressure is always less than supply pressure. Pressure differentials shall be maintained by two spring load vertical check valves and one spring load, diaphragm actuated, differential pressure relief valve. BRINE REUSE/RECYCLE SYSTEM Automatic valving supplied to enable recovery of 25% of brine. XI. XII. MANUFACTURER S LITERATURE AND DATA The following must be submitted with the proposal. 1. Softener tank construction, coatings and linings 2. Tank distribution system design 3. Main operating valve 4. Control system and flow meter 5. Exchange resin 6. Brine system 7. Accessories including pressure gages and test kit 8. Performance data including normal and maximum flow and pressure drop along with certification that required performance will be achieved 9. Piping 10. Warranty LIQUIDATED DAMAGES Water softener system shall be delivered and installation complete, as determined by Marinette County Parks Department, no later than April 30, In the event Page 9

10 installation is not complete by April 30, 2013, vendor shall be liable for and shall pay to Marinette County the sum of $ for each calendar day of delay for the water softener system not completely installed until the equipment is delivered and installation complete and accepted by Marinette County. Any modification to this Penalty shall be mutually agreed to by the parties in writing. XIII. XIV. XV. XVI. CONTRACT TERMS The vendor may provide a contract to be approved by Marinette County Corporation Counsel. If the vendor does not provide a contract, the vendor shall be required to sign a contract similar to Attachment F. REFERENCES Each prospective vendor shall provide at least three references and not more than five in which one is required to be in the public sector. References should be based on projects of similar size and scope using the provided Reference Sheet, Attachment C. FINANCIAL VERIFICATION Vendor s financial solvency may be verified through financial background checks via Dun & Bradstreet or other means prior to contract award. Marinette County reserves the right to reject Proposals based on information obtained through these background checks. OTHER All work shall conform to all applicable industry standards, federal, state and local laws, codes and ordinances. No vendor will be provided with financial and/or competitive vendor information on this Proposal until after the award of contract has been made. At that time, all Proposals will be available for review in accordance with the Wisconsin Open Records Law. Marinette County shall not be held liable for any claims arising from disclosure required under the Wisconsin Open Records Law. Marinette County and its departments are exempt from payment of all federal, state and local taxes on its purchases except Wisconsin excise taxes. Any contract between vendor and Marinette County shall be subject to the laws of the State of Wisconsin. In connection with the performance of work under such contract, the vendor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation, or national origin. By responding to this Proposal, prospective vendors acknowledge and accept the attachments, including insurance requirements and service template contract sample attached. Page 10

11 WORKERS COMPENSATION INSURANCE: Vendor shall provide statutory workers compensation insurance coverage for its employees who will not be considered employees of Marinette County in any way. AUTO LIABILITY INSURANCE: Vendor shall provide a minimum of $300,000 per occurrence to cover bodily injury and property damage arising out of ownership, maintenance, or use of any motor vehicle, including non owned and hired. GENERAL LIABILITY INSURANCE: Vendor shall provide a minimum limit of $1,000,000 per occurrence broad form coverage. ADDITIONAL INSURED The vendor agrees that all liability coverage policies shall name Marinette 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. SUBCONTRACTOR Subcontractors of the vendor are subject to the same requirements as is vendor. WAVIER OF SUBROGATION Insurers shall waive all subrogation rights against Marinette County on all policies required under this section. CANCELLATION NOTICE Marinette County will be given a 30 day notice in advance of cancellation, non renewal, or material change in coverage. PROOF OF INSURANCE Valid Certificates of Insurance shall be issued to Marinette County prior to the execution of the contract. XVII. PROJECT CHANGES Marinette County reserves the right to make changes to the project. Any changes in the scope of services shall be mutually agreed upon in writing by the Vendor and the County. Page 11

12 XVIII. ATTACHMENTS Design Parameters, Attachment A Tabulation Sheet, Attachment B Reference Sheet, Attachment C Statement of Understanding, Attachment D Addendum Sheet, Attachment E Sample Contract, Attachment F Page 12

13 ATTACHMENT A Water Softening System Design Parameters Vendor Name: Normal System Flow and Pressure Drop: L/s@100 kpa ( gpm@15 psi) Maximum System Flow and Pressure Drop: L/s@100 kpa ( gpm@25 psi) Backwash/Rinse Flow: L/s ( gpm) Backwash Volume: liters nominal ( gallons nominal) Daily Water Usage: liters per day ( gallons per day) Volume of soft water between regenerations: liters ( gallons) min. Daily Hours of Water Demand: Operating Temperature Range: 4 50 degrees C ( degrees F) Operating Pressure Range (System): kpa ( psig) Electrical Requirements: Dedicated 120 v, 60 Hz, 1 phase receptacle Page 13

14 ATTACHMENT B Water Softening System Tabulation Sheet Steel Option Water Softening System Complete with Installation $ Completion Date Fiberglass Reinforced Plastic Option Water Softening System Complete with Installation $ Completion Date I have full authority to make such statements and to submit this proposal as the duly recognized representative of the Proposer. Signature of Duly Authorized Individual Date Printed Name: Title: Business Name: Address: Phone Number: Page 14

15 ATTACHMENT C Reference Data Sheet (Use of this form is required when submitting proposal) Provide a list of at least 3 and not greater than 5 customer references with at least one public sector customer. Agency: Address: Telephone: Contact Person: Agency: Address: Telephone: Contact Person: Agency: Address: Telephone: Contact Person: Agency: Address: Telephone: Contact Person: Agency: Address: Telephone: Contact Person: Page 15

16 Vendor name Vendor s address City State Zip code Contact person s name & position ATTACHMENT D Water Softening System Statement of Understanding of Proposal Vendor s Phone number Vendor s Fax Number We have read the County s Request for Proposals (RFP) for Water Softening System Including Installation and fully understand its intent. We certify that we have adequate personnel, equipment, and license to perform said services. We understand our ability and fitness to perform shall be judged solely by Marinette County. In addition, we certify that: (a) Our proposal is not made in the interest or on behalf of any person not named therein; (b) We have not directly or indirectly induced or solicited any person to submit a false or misleading proposal or to refrain from proposing; (c) We have not in any manner sought by collusion to secure an advantage over any other vendor; (d) We have thoroughly examined the RFP requirements, and our proposed fees cover all costs for service/equipment we have proposed; (e) We acknowledge and accept all the terms and conditions included in the RFP; and (f) I have full authority to make such statements and to submit this proposal as the duly recognized representative of the Proposer. Signature of Duly Authorized Individual Date Page 16

17 ATTACHMENT E Water Softening System Addendum Sheet (If Addendums exist for this project, please sign, date, and submit with Proposal.) The undersigned acknowledges receipt of the following addenda: Addendum #1 Addendum #2 Addendum #3 Addendum #4 Addendum #5 The undersigned agrees with the following statement: Initials Initials Initials Initials Initials I have examined and carefully prepared the response to proposal from the plans and specifications and have checked the same in detail before submitting to Marinette County. Name Signature Date All vendors are responsible to check for addenda, posted on the county website at for this project prior to the due date. No notification will be sent if addenda are posted unless there is an addendum within three (3) business days of RFP due date. All vendors receiving initial notification of project will be notified by Marinette County of all addenda issued within three (3) business days prior to due date. If a RFP has already been submitted, vendor is required to acknowledge receipt of addendum via fax or e mail prior to due date. A new RFP response must be submitted by vendor if addendum affects costs. Vendors that do not have internet access are responsible to contact Marinette County at to ensure receipt of addenda issued. RFPs that do not acknowledge addendums may be rejected. All RFPs submitted shall be sealed. Envelopes are to be clearly marked with required information. Sealed RFPs that are opened by mistake due to inadequate markings on the outside may be rejected and returned to the vendor. Page 17

18 ATTACHMENT F MARINETTE COUNTY SAMPLE AGREEMENT THIS AGREEMENT is made by and between Marinette County, a municipality, hereinafter referred to as COUNTY, and, hereinafter referred to as VENDOR, for the purpose of. The parties agree as follows: 1. Contact Persons and Contract Administrators: COUNTY s agent and contact person is: Whose principal business address is: Name Department Address Marinette WI VENDOR agent and contact person is: Name: Title: Company: Address: City, State: Telephone: 2. VENDOR agrees the following services, as set forth in the response to the Request for Proposal (RFP) dated will be provided to Marinette County. 3. VENDOR agrees to present manufacturer s literature regarding materials & warranty. 4. Start/Completion dates to be determined. 5. COUNTY agrees to the following: Payment Terms COUNTY will pay the VENDOR within 30 days of receipt of an invoice. 6. Both parties agree that the relationship between the parties shall be that of an independent VENDOR and shall not be construed to be an Employer Employee relationship; specifically the parties agree that: VENDOR will be responsible to pay all Federal, State and social security taxes on any income received under this Agreement. COUNTY will pay no fringe benefits or other compensation to VENDOR. Page 18

19 7. VENDOR will provide and maintain certificates of insurance with minimum limits as follows: General liability, each occurrence $1,000,000 Auto liability, each occurrence $ 300,000 Workers Compensation Statutory Requirements Certificates of insurance indicating COUNTY as additional insured must be presented to COUNTY s agent with a signed copy of this agreement prior to commencing work. Additionally, all policies shall contain endorsements by respective insurance companies waiving all rights of subrogation, if any, against COUNTY and shall further provide that policies are not cancelable except upon thirty days written notice to COUNTY. 8. VENDOR hereby agrees to release, indemnify, defend and hold harmless Marinette County, its 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. Marinette 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. 9. This contract may be amended in writing by mutual agreement of both parties at any time. 10. This agreement shall be governed by the laws of the State of Wisconsin. 11. COUNTY may terminate this agreement in the event VENDOR breaches any of the terms of the agreement or for unsatisfactory performance by VENDOR. Termination shall be immediate upon written notification by the COUNTY. VENDOR Date Kathy Brandt, County Clerk Date Page 19