OUTAGAMIE COUNTY REQUEST FOR PROPOSAL FOR ASPHALTIC CONCRETE MATERIALS FOR HIGHWAY DEPARTMENT DUE BY: March 29, 2017 at 10:00 AM
1.0 Specifications The Highway Department is requesting proposals for asphaltic concrete materials to be used on various construction or maintenance projects completed by Outagamie County s Highway Department. Reference Attachment A for the specifications of the asphaltic concrete materials. Complete and return the proposal form. Your proposal price must remain firm through March 31, 2018. Award will be by line item by Outagamie County project. Thus, multiple vendors may be awarded the same material. The County will pay for at the proposal unit price under the items listed on the proposal form. If the supplier has any deviation to our requested specifications it must be listed and include with your proposal. Outagamie County Highway Department will order material for projects and maintenance as needed. Supplier shall provide all necessary equipment to service Outagamie County within a 24-hour notice of intended material purchases. 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. OUTAGAMIE COUNTY ASPHALTIC MATERIALS February 14, 2017 2
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. 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 March 29, 2017. 7.0 Proposal Submittal Address OUTAGAMIE COUNTY ASPHALTIC MATERIALS February 14, 2017 3
8.0 Taxes Proposals should 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 Asphaltic Materials. 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. http://www.outagamie.org/index.aspx?page=1594 S:\HWY\Admin\Clerk\RFP\Materials\Asphaltic Concrete Materials\Asphalt Concrete Materials 2017.doc Page 4 of 5
OUTAGAMIE COUNTY PROPOSAL FORM Asphaltic Materials Page 5 of 5 Proposals Due: Send/Deliver Proposals To: March 29, 2017 10:00 a.m. CT Outagamie County Highway Department Attn: Shari Wojciehowski 1313 Holland Rd Appleton, WI 54911 Include information as requested in Section 2.0 Firm Name: Authorized Signature: Printed name: Title: Date: Address: City/State/Zip: Phone/Fax: E-mail: S:\HWY\Admin\Clerk\RFP\Materials\Asphaltic Concrete Materials\Asphalt Concrete Materials 2017.doc Page 5 of 5
Outagamie County Request for Proposal Asphaltic Concrete Materials for Highway Department Attachment A Specifications 1. General Perform the work under this proposal for the furnishing of Asphaltic Concrete Materials for Outagamie County, Wisconsin. Execute the work as specified in the State of Wisconsin, Department of Transportation, Standard Specifications for Highway and Structure Construction, 2017 Edition, the Additional Special Provision 6 (ASP-6), and these Special Provisions. References to the Department or State in the Standard Specifications shall, in most instances, mean Outagamie County. The term Engineer shall mean the authorized representative of the Outagamie County Highway Department. 2. Scope of Work The work under this proposal consists of furnishing materials and all incidental items necessary to complete the work as included in the proposal. 3. Prosecution and Progress Outagamie County Highway Department will pick up Hot Mix Asphalt material for projects and maintenance in the current construction season, generally May 1 to October 15; however reserves the right to receive material outside those dates pending good weather and plant availability. Hot Mix Asphalt will be ordered by Outagamie County as needed. 4. Hot Mix Asphalt, FOB Plant A. Description This special provision describes furnishing Hot Mix Asphalt from the supplier s plant to trucks operated or hired by the County. B. Materials B.1 General Furnish Hot Mix Asphalt mixtures that are according to the pertinent requirements of ASP-6 and of sections 450, 455, and 460 of the Standard Specifications. B.2 Mix Design Submit mix designs to the Engineer that have been developed per the requirements of ASP-6 and of section 460 of the Standard Specifications at least 2 weeks prior to construction for approval. B.3 Production Supplier must be capable of providing 250 tons of material per hour. Trucks receiving materials under this proposal shall have first preference in loading at the plant. B.4 Asphaltic Material Furnish Asphaltic Material PG58-28S or PG58-28H as requested. Furnishing Asphaltic Material shall be incidental to Hot Mix Asphalt material. B.5 Release Agent Supplier shall provide release agent and an application system that is readily accessible at each plant location. Providing release agent shall be incidental to Hot Mix Asphalt material. S:\HWY\Admin\Clerk\RFP\Materials\Asphaltic Concrete Materials\Asphalt Concrete Materials 2017 Specs.doc Page 1 of 4
B.6 Quality Management The supplier will conduct quality control testing, and the County will conduct quality verification testing generally following the requirements of Standard Specifications 460.2.8 except as follows: B.6.1 Quality Control Supplier is encouraged to perform sampling and testing of HMA paving materials for the purpose of controlling the mix during production, at a frequency and location determined by the supplier as needed to maintain quality. Any testing completed shall be documented and the documentation submitted to the Engineer within 15 days upon completion of each project. Supplier is expected to conform to the control limits for the JMF and warning limits as modified in ASP-6 B.6.2 Quality Verification Outagamie County will hire an independent testing lab to conduct Quality Verification (QV) tests to determine the quality of the final project and measure characteristics that predict relative performance. The Engineer will direct the QV testing lab to test each design mixture at a rate the Engineer determines. C. VACANT D. Measurement The County will measure the HMA items acceptably furnished by the ton. E. Payment The County will pay for measured quantities at the proposal unit price under the following items: DESCRIPTION UNIT HMA Pavement 3 LT 58-28 S, FOB Plant HMA Pavement 4 LT 58-28 S, FOB Plant HMA Pavement 5 LT 58-28 S, FOB Plant HMA Pavement 4 LT 58-28 H, FOB Plant HMA Pavement 3 MT 58-28 S, FOB Plant HMA Pavement 4 MT 58-28 S, FOB Plant HMA Pavement 5 MT 58-28 S, FOB Plant HMA Pavement 4 MT 58-28 H, FOB Plant Payment for Hot Mix Asphalt items is full compensation for providing HMA mixture designs; for furnishing mixture; for furnishing release agent, for QC testing and aggregate source testing; and for all materials including asphaltic materials. Prices proposed shall remain in effect until December 31, 2017. 5. Recycled Asphalt Credit The county anticipates having recycled asphalt millings available from projects. The county will deliver material to site specified. Indicate the credit per ton offered to the county for this material. S:\HWY\Admin\Clerk\RFP\Materials\Asphaltic Concrete Materials\Asphalt Concrete Materials 2017 Specs.doc Page 2 of 4
Outagamie County Highway Department 2017 Proposed Hot Mix Asphalt Projects Project 1 Estimated Quantity (Tons) CTH N 24,000 CTH E 2,000 CTH OO 3,000 CTH W 7,000 OTHER 17,500 Total 53,500 1. Quantities listed are approximate only and they may be increased or decreased as may be needed to complete projects and maintenance. The list of projects may change, be added to or subtracted from, depending on proposal prices, budgets, or other reasons. S:\HWY\Admin\Clerk\RFP\Materials\Asphaltic Concrete Materials\Asphalt Concrete Materials 2017 Specs.doc Page 3 of 4
ASPHALTIC CONCRETE MATERIALS 2017 PROPOSAL FORM Hot Mix Asphalt (Unit Price/Ton) PG 58-28 Plant Location 3 LT S 4 LT S 5 LT S 4 LT H 3 MT S 4 MT S 5 MT S 4 MT H Delivery Location Recycled Asphalt Millings Credit Credit/Ton S:\HWY\Admin\Clerk\RFP\Materials\Asphaltic Concrete Materials\Asphalt Concrete Materials 2017 Specs.doc Page 4 of 4
Highway Department Asphaltic Concrete Materials 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 selfinsured 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 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. 5) Completed Operations / Product Liability a) $1,000,000 / Each Accident Coverage shall be maintained for a period of two (2) years after the final payment to Contractor/Vendor. 6) X,C,U: a) $1,000,000 / Each Accident