OUTAGAMIE COUNTY REQUEST FOR PROPOSAL FOR. Two (2) 4 X 4 Trucks HIGHWAY DEPARTMENT. DUE BY: December 19, 2018 at 10:00 AM

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OUTAGAMIE COUNTY REQUEST FOR PROPOSAL FOR Two (2) 4 X 4 Trucks FOR HIGHWAY DEPARTMENT DUE BY: December 19, 2018 at 10:00 AM S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 1 of 8

1.0 Specifications Reference Attachment A for the specifications of 4 X 4 Trucks. Complete and return the proposal form(s). If the proposer has any deviation to our requested specifications it must be listed and included with your proposal. 2.0 Insurance and Indemnification The awarded supplier(s) shall abide by the indemnification and insurance requirements as set forth in Attachment B. Complete and return Attachment B with your proposal, also include your Certificate of Insurance with your proposal. 3.0 Contact Information Contact the following if clarification is needed - Shari Wojciehowski Senior Support Specialist 920-832-5673 shari.wojciehowski@outagamie.org 4.0 Clarification and/or Revisions to the Specifications and Requirements Proposer must examine the RFP documents carefully and before submitting a Proposal may request from the County's contact person(s) additional information or clarification. A Proposer s failure to request additional information or clarification shall preclude the Proposer from subsequently claiming any ambiguity, inconsistency, or error. The County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addendum prior to the Proposal due date. Proposers should rely only on the representations, statements or explanations that are contained in this RFP and the written addendum to this RFP. Where there appears to be a conflict between the RFP and any addendum issued, the last addendum issued will prevail. It is the Proposer's responsibility to assure receipt of all addenda. Outagamie County will post any updates online at http://www.outagamie.org/index.aspx?page=1594. Upon posting, such addenda shall become part of the RFP and binding on Proposer(s). 5.0 County Reservation Outagamie County reserves the right to accept or reject, any or all proposals, in whole or in part, as deemed in the best interest of the County. a. This proposal request does not commit Outagamie County to make an award or to pay any costs incurred in the preparation of a proposal in response to this request. b. The proposals will become part of Outagamie County's files without any obligation on Outagamie County's part. c. The proposer shall not offer any gratuities, favors, or anything of monetary value to any official or employee of Outagamie County for any purpose. d. The vendor shall report to Outagamie County any manufacturer product price reductions, model changes, and product substitutions. No substitutions are allowed without prior approval from Outagamie County. S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 2 of 8

e. Outagamie County has the sole discretion and reserves the right to cancel this proposal and to reject any and all proposals received prior to award, to waive any or all informalities and or irregularities, or to re-advertise with either an identical or revised specification. f. Outagamie County reserves the right to request clarifications for any proposal. g. Outagamie County reserves the right to select elements from different individual proposals and combine and consolidate them in any way deemed to be in the best interest of Outagamie County. 6.0 Closing Date Proposals will be received up to 10:00 a.m. CT on December 19, 2018. 7.0 Proposal Submittal Address Proposals could be delivered or sent to Outagamie County Highway Department Attn: Shari Wojciehowski 1313 Holland Rd Appleton, WI 54911 Mark on the outside of your proposal RFP 4 X 4 Trucks. 8.0 Taxes Outagamie County is exempt from Federal Excise Tax (39-6005724), Wisconsin Sales Tax (ES 41005), but if there is a tax, such as local or county, it must be shown in the proposal. 9.0 Method of Procurement The method for this procurement is competitive proposal, pursuant to Chapter 22 of the Outagamie County Code of Ordinances. 10.0 Venue This agreement will be governed and construed according to the laws of the State of Wisconsin. This agreement is performable in Outagamie County. 11.0 Status of Proposal Upon award, proposals will be considered public record and details will be posted online. Information on status could be obtained from Outagamie County s web site http://www.outagamie.org/index.aspx?page=1594. S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 3 of 8

4 X 4 Trucks Attachment A Minimum Specifications/Questionnaire Proposal Form: 4 X 4 Trucks Equipment must be new, latest model available, must meet or exceed the following specifications: Yes No Deviations Chassis: ¾ ton AWD, 8 box 10,000 GVWR Rating Front tires, 245/75R17 LR E steer tread, steel wheels Size Rear tires, 245/75R17 LR E all season tread, steel wheels Size Spare full size steel wheel/tire to match others Size 4-wheel disc brakes with ABS Power steering Heavy duty suspension/shocks Black front bumper Black wheel flares and mud flaps Daytime running lights LED lights were possible Towing package, OEM installed class lv receiver hitch Seven (7), flat pin RV connector/harness Heavy duty front tow hooks Drive Train: Turbo-charged diesel engine w/auxiliary cooler Engine block heater Engine shutdown timer (5 minutes) Heavy duty, maintenance-free battery High output alternator Heavy duty cooling system Heavy duty automatic transmission w/auxiliary cooler Approximate 3.50 axle ratio - limited slip differential, w/skid plates Transfer case w/skid plates Cab: Four (4) door cab, flame red, PR4 Rear view mirrors, left/right, w/extendable arms Full instrumentation including hour meter Manual tilt/telescoping steering column with cruise control Power windows/door locks Tinted glass Manual air conditioning Four (4) upfitter switches S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 4 of 8

AM/FM clock radio with Bluetooth Remote keyless entry Intermittent wipers Heavy duty manual 40/20/40 vinyl bench seats, gray/black Vinyl/rubber floor coverings, gray/black Black tubular running boards Interior dome light Winter front Glove box Two (2) spare keys Filters COMPLETE set of extra filters. Manuals Provide parts manuals-printed or electronic Provide complete diagnostic and complete overhaul manualsprinted or electronic. Provide two (2) operators manuals. Standard Warranty Must be furnished in writing or in printed material Extended Warranty Must be furnished in writing or in printed material Warranty services to include transporting the vehicle to and from the dealership to perform such warranty work with no charge to Outagamie County. Taxes No Federal or State taxes are to be included in price Registration, Title, License All registration, title, license, and dealer fees are included Application for registration, title, and license (municipal) sent in by dealer. Delivery Delivery date shall be determined by dealer and indicated later on this form. The County may make a decision based on cost, parts availability, service, and timeliness of delivery Performance Bond The successful proposer will be required to deposit a certified check or a performance bond equal to ten (10) percent of the net proposal, Payable to Outagamie County Highway Department to guarantee delivery date and equipment as proposed as specified in proposal. Certified Check or Performance Bond is to be forfeited to Outagamie County Highway Department if delivery date or proposed specifications are not met, including failure to comply with said proposal conditions. No federal or state tax to be included in proposal S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 5 of 8

QUESTIONNAIRE 1. Make and Model of vehicle: 2. State GVWR: 3. State size of wheel base: 4. Engine Make: Model: 5. Capacity of: Front Axle: Rear Axle: 6. Ratio of the rear axle: 7. Make and size of tires: Front: Load Capacity: Rear: Load Capacity: 8. State engine warranty: 9. State transmission warranty: Firm Delivery Date: Delivered Price For One (1) 4 X 4 Truck Delivered Price For Two (2) 4 X 4 Trucks $ $ Name of Company Address Phone No. City, State, Zip Code E-Mail: Representative S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 6 of 8

4 X 4 Trucks Attachment B Section 1 - Indemnification and Hold Harmless Clause: (Contractor / Vendor Name) agrees at all times during the term of the agreement to indemnify, hold harmless and defend the County, its Boards, Committees, Officers, Employees, Authorized Representatives and Volunteers against any and all liabilities, losses, damages costs or expenses (including, without limitation, actual attorney s and consultant s fees) which the County, its Boards, Committees, Officers, Employees and Representatives may sustain, incur or be required to pay by reason of or in any way related to bodily injury, personal injury or property damage of whatsoever nature or in connection with or in any way related to the performance of the work by (Contractor/Vendor Name), its employees, agents and anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable, provided, however, that the provisions of this section shall not apply to liabilities, losses, charges, costs or expenses caused solely by or resulting from the gross negligent acts or omissions of the County, its Agencies, Boards, Committees, Officers, Employees, Authorized Representatives or Volunteers. It is agreed that Contractor/Vendor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Contractor s/vendor s indemnity obligations shall not be limited by any worker s compensation statute, disability benefit or other employee benefit or similar law or by any other insurance maintained by or required of Contractor/Vendor. Section 2 - Compliance with Laws, Regulations, Permits, Etc. Clause: The (Contractor/Vendor Name) shall comply with all Federal, State and local codes, laws, regulations, standards, and ordinances, including, without limitation, those of the Occupational Safety and Health Administration (OSHA), the Wisconsin Department of Safety and Professional Services and all County rules and orders governing the performance of the work performed by the Contractor/Vendor, its employees, agents and subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. In addition, any material, equipment or supplies provided to the County must comply with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety and all applicable OSHA Standards. Effective May 1, 2007 employers performing work on qualified public works construction projects in Wisconsin for municipal government and state building projects will be required to have a written substance abuse testing program in place. The provisions of this requirement are contained in Wisconsin Statute 103.503. Section 3 - Subcontractors Clause: The (Contractor/Vendor Name) shall require each of their Subcontractors to take out and maintain, during the life of their subcontract the same insurance coverages as required under section 6, below, including without limitation naming the County, its Boards, Committees, Officers, Employees, Authorized Representatives and Volunteers as additional insureds with respect to all commercial general liability insurance policies. Each Subcontractor shall furnish to the (Contractor/Vendor Name) two (2) copies of all certificates of insurance in a form acceptable to the County. The (Contractor/Vendor Name) shall furnish one copy of each of the certificates of insurance, and any other evidence of insurance requested by the County, to the County prior to the commencement of any work to be performed by Contractor/Vendor or its Subcontractors. The County reserves the right to immediately terminate the contract with no liability or obligation to Contractor/Vendor or its Subcontractors, if the Subcontractor is not in compliance with these insurance requirements. Section 4 - Proof of Insurance: Policies shall be issued by a company or companies authorized to do business in the State of Wisconsin and licensed by the Wisconsin Insurance Department and having an AM Best rating of A- or better. Acceptance of Contractor s insurance by County shall not relieve or decrease the liability of the Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. Coverage afforded shall apply as primary and non-contributory, with the County, its Boards, Committees, Officers, Employees, Authorized Representatives and Volunteers named as additionally insureds (with respects to any and all insurance policies identified in Section 6, as allowed by law). All liability insurance policies (except professional liability policies) to be maintained hereunder by Contractor/Vendor shall be occurrence based and not claims made policies. The County shall be given thirty (30) days advance notice of cancellation or nonrenewal of any and all required insurance coverages during the term of this agreement. Prior to the execution of this agreement, the (Contractor/Vendor name) shall furnish the County with certificates of insurance (Acord Form 25-S or equivalent) signed by the insurer s representative and, upon request, certified copies of the required insurance policies and any other insurance related information, evidencing the insurance coverage requirements referenced below. Certificates of insurance shall be sent to the following address: Outagamie County, Attention: Risk Administrator, 410 South Walnut Street, Appleton, WI 54911. The County reserves the right to immediately terminate the contract with no liability or obligation to Contractor/Vendor or any of its Subcontractors, if the (Contractor/Vendor Name) is not in compliance with these insurance requirements. Section 5 Applicable Law: Any lawsuits related to or arising out of disputes under this agreement shall be commenced and tried in the Circuit Court of Outagamie County, Wisconsin and the County and (Contractor/Vendor Name) shall submit S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 7 of 8

exclusively and specifically to the jurisdiction of the Outagamie County Circuit Court for such lawsuits. This agreement will be governed and construed according to the laws of the State of Wisconsin. Section 6 Insurance Coverage Requirements: The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. Outagamie County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor/Vendor from liabilities that might arise out of the performance of work under this contract by the Contractor, it agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance. (Contractor/Vendor Name) agrees that in order to protect itself and the County, its Boards, Committees, Employees, Authorized Representatives and Volunteers under the indemnity provisions of Section 1, it will at all times during the term of the agreement provide and maintain at its own expense, the following minimum limits of insurance covering its operations: Minimum Insurance Coverages and Limits 1) Worker s Compensation & Employer s Liability a) Applicable State Statutory Limits as Required by the State of Wisconsin b) Applicable Federal (e.g. U.S. Longshoremen s and Harbor Worker s Act, Admiralty (Jones) Act, and Federal Employer s Liability Act) Statutory Limit c) Employer s Liability - $100,000 each occurrence / $100,000 each person (disease) / $500,000 total limit (disease) Except as may be otherwise set forth herein, the County shall not be liable to (Contractor/Vendor Name), its employees, or subcontractors, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable, for any injuries to any of them arising out of or in any way related to the performance of the work under this agreement. (Contractor/Vendor Name) agrees that the indemnification and hold harmless provisions within this agreement extend to any claims brought by or on behalf of any such employees, subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. 2) Automobile Liability Owned, Non-Owned, Hired a) Bodily Injury and Property Damage Combined - $1,000,000 for bodily injury and property damage per occurrence limit covering all vehicles to be used in connection with the performance of Contractor s/vendor s obligations under this Agreement. b) Coverage for commercial automobile liability insurance shall be at least as broad as Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any vehicle). If Contractor/Vendor/Subcontractor or Contractor s/ Vendor s/subcontractor s employees use personal vehicles to perform any services or work to be performed by Contractor/Vendor or Subcontractor under this Agreement, the Contractor/Vendor/Subcontractor must provide, to the County, a copy of the Certificate of Insurance (and any other documentation requested by the County) for Personal Automobile Liability coverage for each employee of Contractor/Vendor/Subcontractor who will be using their personal vehicle to perform such services or work as evidence of satisfactory compliance. 3) Comprehensive General Liability (Including Broad Liability Endorsement) a) Bodily Injury and Property Damage Combined - $1,000,000, Each Occurrence b) Personal Injury - $1,000,000 c) Coverage for commercial general liability insurance shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 0001) 4) Umbrella or Excess Liability a) $1,000,000 following form excess of the primary General Liability, Automobile Liability and Employers Liability Coverages. Other Insurance Coverage s & Minimum Limits 1) Completed Operations a) $100,000 / Each Accident S:\HWY\Admin\Clerk\RFP\Trucks\Foreman's Trucks.doc Page 8 of 8