Civil Engineering Services for Sauk County Land Resources and Environment

Re: Civil Engineering Services for the Sauk County, Wisconsin Land Resources and Environment Department

To Whom It May Concern:

Sauk County, Wisconsin (the County) is soliciting proposals for the purpose of selecting a qualified engineering firm to provide professional consulting services for the Sauk County Land Resources & Environment Department on a non-exclusive, as-needed basis.

SCHEDULE

Request for Proposals Issued… ........................... March 14, 2024
Deadline to Submit Clarifying Question ............... March 28, 2024, 4:00 PM, Central Standard Time (CST)
Request for Proposals Closing Date and Time ......April 5, 2024, 2:00 PM, Central Standard Time (CST) Anticipated Contract Start Date ...........................May 2024

TABLE OF CONTENTS

SECTION 1 NOTICE OF REQUEST FOR PROPOSALS .................................................................. 2
SECTION 2 GENERAL PROPOSAL PROCESS ................................................................................. 3
SECTION 3 SCOPE OF WORK ............................................................................................................ 5
SECTION 4 PROPOSAL CONTENTS ............................................................................................... ..7
SECTION 5 STANDARD TERMS AND CONDITIONS ................................................................... ..7
EXHIBIT A CH 51 EROSION CONTROL AND STORMWATER MANAGEMENT ORDINANCE
EXHIBIT B CH 26 AGRICULTURE PERFORMANCE STANDARDS AND MANURE MANAGER ORDINANCE

SECTION 1 NOTICE OF REQUEST FOR PROPOSALS
Notice is hereby given that the County will receive Proposals per specifications until 2:00 PM, April 5,
2024 (CST) (“Closing”), to provide cost proposals for civil engineering services on retainer associated
with various plan reviews noted in this RFP. No proposals will be received or considered after that time.
Proposals must be sent electronically via email or electronic file service to Brian Simmert, Sauk County
Planning & Zoning Manager, email: brian.simmert@saukcountywi.gov. Proposal file size must be limited
to 25 MB.
Contact Information
Questions (by email only): Brian Simmert, Planning & Zoning Manager, brian.simmert@saukcountywi.gov
The County reserves the right to reject all Proposals not in compliance with all prescribed public RFP
procedures and requirements and may reject for good cause any and all Proposals upon the finding that it
is in the public interest to do so and to waive any and all informalities in the public interest. In the award
of the contract, the County will consider the element of time, will accept the Proposal or Proposals which
in their estimation will best serve the interests of the County and will reserve the right to award the contract
to the contractor whose Proposal must be best for the public good.
A contract incorporating the terms of this RFP shall be entered into by successful proposer after award of
the project and before the work may commence. The County encourages proposals from minority, women,
and small business enterprises.

SECTION 2 GENERAL PROPOSAL PROCESS
2.1 Modification or Withdrawal of Proposal. Any Proposal may be modified or withdrawn at any time
prior to the Closing deadline, provided that a written request is received by the Sauk County Land
Resources and Environment Department, prior to the Closing. The withdrawal of a Proposal will not
prejudice the right of a Proposer to submit a new Proposal.
2.2 Requests for Clarification and Requests for Change. Proposers may submit questions regarding the
specifications of the RFP. Questions must be received in writing via email at
brian.simmert@saukcountywi.gov on or before March 28, 2024, at 4:00 p.m. (CST) to the contact
information as listed in Section 1 of this RFP.
Requests for changes must include the reason for the change and any proposed changes to the requirements.
The purpose of this requirement is to allow Sauk County the opportunity to provide clarifications or adjust
RFP terms or technical requirements prior to the opening of Proposals. The County will consider all
requested changes and, if appropriate, amend the RFP. The County will provide reasonable notice of its
decision to all Proposers that have provided an email address to the Sauk County Land Resources and
Environment Department for this procurement. No oral or written instructions or information concerning
this RFP from County managers, employees or agents to prospective Proposers must bind County unless
included in an Addendum to the RFP.
2.3 Addenda. If any part of this RFP is changed, an addendum will be provided to Proposers that have
provided an address to the Sauk County Land Resources and Environment Department for this procurement.
It must be the proposer’s responsibility to regularly check the Bids and Contract Information page at
www.co.sauk.wi.us/rfps for any published Addenda or response to clarifying questions.
2.4 Submission of Proposals. Proposals must be submitted in accordance with this RFP.
All Proposals must be legibly written in ink or typed and comply in all regards with the requirements of this
RFP. All Proposals must include a cover letter with a signature that affirms the Proposer’s intent to be bound
by the Proposal. If a Proposal is submitted by a firm or partnership, the name and address of the firm or
partnership must be shown, together with the names and addresses of the members. If the Proposal is
submitted by a corporation, it must be signed in the name of such corporation by an official who is
authorized to bind the contractor.
No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will
be returned unopened. Proposals must be submitted via email only.
2.5 Evaluation Criteria
If a firm submits a complete proposal by the Department deadline, an evaluation of the proposal will be
performed, based on a competitive selection process. Each of the major sections of the proposal will be
reviewed and evaluated with criteria designed to help judge the quality of the proposal. Evaluation of
proposals will not be limited to price alone; technical merit, expertise, track record references,
completeness of proposal documents, and demonstrated successes will be strongly considered in the
selection process. The following criteria will be used in reviewing and comparing the proposals:

1. Completeness of the proposal documents. The ability, capacity, flexibility, and skill of the respondent to provide quality performance under the contract, as evidenced by the quality of any demonstration, client references, and any prior contracts with the Department.
2. Understanding of the background and requirements of the Scope of Work.
3. The relative allocation of resources, in terms of quality and quantity, to key tasks including the time and skills of personnel assigned to the tasks and firm’s approach to managing resources and project output. Education and experience of proposed personnel. Expertise, competence, experience, performance, solvency, and responsiveness.
4. Responsiveness of proposal specification described in the RFP, including whether the respondent has agreed to contracting the requirements set forth in the RFP.
5. Demonstrated success in projects like the ones described in the RFP.
6. Cost and compensation required.
7. Years of experience performing similar services to those outlined in the Objectives and Scope section of this RFP.

2.6 Post-Selection Review and Notice of Intent to Reward Contract. The County will name the
apparent successful Proposer in a “Notice of Intent to Award” letter. Identification of the apparent
successful Proposer is procedural only and creates no right of the named Proposer to award of the
contract.
2.7 Investigation of References. The County reserves the right to investigate all references and investigate
past performance of any Proposer with respect to its successful performance of similar services, its
compliance with specifications and contractual obligations, its completion or delivery of a project on
schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. The
County may postpone the award or the execution of the contract after the announcement of the apparent
successful Proposer to complete its investigation.
2.8 RFP Proposal Preparation Costs and Other Costs. Proposer costs of developing the Proposal, cost
of attendance at an interview (if requested by the County), or any other costs are entirely the responsibility
of the Proposer and will not be reimbursed in any manner by the County. Proposer must not include any
such expenses as part of the price proposed in response to this RFP. The Department must be held harmless
and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person
or organization responding to this RFP.
2.9 Clarification and Clarity. The County reserves the right to seek clarification of each Proposal, or to
make an award without further discussion of Proposals received. Therefore, it is important that each
Proposal be submitted initially in the most complete, clear, and favorable manner possible.
2.10 Right to Reject Proposals. The County reserves the right to reject any or all Proposals or to
withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as
determined by the County.
2.11 Cancellation. The County reserves the right to cancel or postpone this RFP at any time or to award
no contract.
2.12 Proposal Terms. All Proposals, including any price quotes, will be valid and firm through a period
of ninety (90) calendar days following the Closing date. The County may require an extension of this firm
offer period. Proposers will be required to agree to the longer time frame to be further considered in the
procurement process.
2.13 Oral Presentations. At the County’s sole option, Proposers may be required to give an oral
presentation of their Proposals, a process which would provide an opportunity for the Proposer to clarify
or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the County
request presentations, the Sauk County Land Resources and Environment Department will schedule the
time and location for said presentation. Any costs of participating in such presentations will be borne
solely by Proposer and will not be reimbursed by the County.
2.14 Usage. It is the intention of the County to utilize the services of the successful Proposer(s) to provide
services as outlined in the below Scope of Work.
2.15 Review for Responsiveness. Upon receipt of all Proposals, the Sauk County Land Resources and
Environment Department or designee will determine the responsiveness of all Proposals. If a Proposal is
incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted
to the evaluation committee. The County reserves the right to determine if an inadvertent error is solely
clerical or is a minor informality which may be waived, and then to determine if an error is grounds for
disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified,
identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived, and
all others discarded.
2.16 RFP Incorporated into Contract. This RFP will become part of the Contract between the County
and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this
RFP, their Proposal(s), and the terms of a contract.
2.17 Communication Blackout Period. Except as called for in this RFP, Proposers may not communicate
with members of the Sauk County Board or other County employees or representatives about the RFP
during the procurement process until the apparent successful Proposer is selected, and all protests, if any,
have been resolved. Communication in violation of this restriction may result in rejection of a Proposer.
Refer to Section 2.2 Requests for Clarification and Requests for Change.
2.18 Prohibition on Commissions and Subcontractors. The County will contract directly with
persons/entities capable of performing the requirements of this RFP. Contractors must be represented
directly. Participation by brokers or commissioned agents will not be allowed during the Proposal
process.
2.19 Ownership of Proposals. All Proposals in response to this RFP are the sole property of the County,
and subject to the provisions of public records.
2.20 Clerical Errors in Awards. The County reserves the right to correct inaccurate awards resulting
from its clerical errors.
2.21 Rejection of Qualified Proposals. Proposals may be rejected in whole or in part if they attempt to
limit or modify any of the terms, conditions, or specifications of the RFP.
2.22 Collusion. By responding, the Proposer states that the Proposal is not made in connection with any
competing Proposer submitting a separate response to the RFP and is in all aspects fair and without
collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County
has a pecuniary interest in this Proposal.
2.23 Proposal Evaluation. Proposals will be evaluated by the County and potentially external
representatives.
2.24 Commencement of Work. The contractor must commence no work until all insurance requirements
have been met, and a Notice to Proceed has been issued by the County.
2.25 Best and Final Offer. The County may request best and final offers from those Proposers
determined by the County to be reasonably viable for contract award. However, the County reserves the
right to award a contract on the basis of initial Proposal received. Therefore, each Proposal should contain
the Proposer’s best terms from a price and technical standpoint. Following evaluation of the best and final
offers, the County may select for final contract negotiations/execution the offers that are most
advantageous to the County, considering cost and the evaluation criteria in this RFP.
2.26 Nondiscrimination. The successful Proposer agrees that, in performing the work called for by this
RFP and in securing and supplying materials, contractor will not discriminate against any person based
on race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender
identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class
protected by applicable law.
SECTION 3 SCOPE OF WORK
3.1 Description
The Sauk County, Wisconsin, Land Resources & Environment Department is seeking proposals from
professional civil engineering firms to provide a variety of engineering services required by the Land Resources
and Environment Department and to assist county staff of said department as needed. The engineering services
desired include, but are not limited to:
1. Review of plans and specifications for construction projects varying in complexity, for a portion of or an entire
project. Services may include communicating with property owners, contractors, and developers to discuss
findings related to plan review and providing guidance to meet established standards and best practices for
stormwater and erosion control management.
2. Review stormwater and erosion control plans for large projects such as subdivision developments and for smaller scale private developments consistent with Sauk County Ch 51 Erosion Control and Stormwater Management Ordinance (Attached as Exhibit A to this RFP).
3. Evaluation of manure storage facilities in accordance with Sauk County Ch. 26 Agriculture Performance Standards and Manure Management Ordinance (Attached as Exhibit B to the RFP).
4. Review of plans and specification for conservation practice designs in accordance with USDA-NRCS technical standards found at https://efotg.sc.egov.usda.gov/#/.\
5. Conduct as-built inspection services, as needed, in the field or conducted virtually utilizing information gathered from staff inspections.
6. Attend on-site and virtual project-related meetings, such as pre-bid, pre-construction, and project management meetings.
7. Maintain detailed project related reviews, observations, and documentation, which can be provided to the county upon request.
3.2 Requirements
Requested requirements includes:
1. Ability to work effectively with county staff with respect to any of the engineering services required by the county.
2. A demonstrated ability to work effectively with developers, contractors, regulatory agencies, and the public.
3. A demonstrated ability to function in a support role to county staff. The consultant’s services will be utilized for civil engineering services that exceed county staff expertise or to provide engineering support to county staff.
3.3 County’s Needs
In keeping with the objective, the requirements, and the consultant’s tasks as indicated in the RFP, the consultant submitting proposals will outline, in detail, the way the consultant will work with the county to fulfill the county’s needs.
The outline will address the following:
1. Staffing and personnel to include an introduction of staff to be assigned directly to the county.
2. Communication and coordination to include the ability to commit to county needs of accessibility and presence at various meetings as needed.
3. Working relationship between the consultant and county staff.
4. Information which will assist the county to determine the consultant’s capacity of performing the work.

SECTION 4 PROPOSAL CONTENTS
Submittals should be limited to 8.5 x 11 sheet size and should be submitted electronically to Brian Simmert, Sauk County Planning & Zoning Manager, email: brian.simmert@saukcountywi.gov. The County will receive proposals per specifications until 2:00 PM, April 5, 2024 (CST) (“Closing”). Each submittal should follow the requested format and be organized with tabs according to the following major categories. Addenda to submittals will not be considered.
Proposers must provide the following information in the proposal, which appears below:
4.1 Cover Letter. The cover letter should include the name, title, address, phone number, email address, and original signature of an individual with authority to negotiate on behalf of and to contractually bind the firm, and who may be contacted during the period of proposal evaluation.
4.2 Consultant Qualifications. Demonstrate the firm’s experience providing local jurisdictions with review of various plans from a civil engineering perspective applying state and local standards and best management practices. Indicate any specialized expertise reviewing private project proposals for a unit of government.
4.3 Project Understanding and Approach. Describe the plans for accomplishing the required work. Include conceptual work plan and schedule how plans for various construction projects will be reviewed Include the management approach to the work and define responsibilities for coordination of work with the Department, the developer/landowner and lines of communication needed to maintain the required contract.
4.4 Firm Information and Lead Project Individual . Describe the qualifications and experience of each professional who will perform services requested by the county. A lead project individual from the firm will who will be providing services must be designated; we are not seeking to work with different individuals during the contract term as projects arise. Overall, describe your firm’s familiarity with the public sector with regard to civil engineering project particularly as they relate to erosion control and stormwater management.
4.5 Fee Proposal. Applicants are required to provide a fee proposal, which is based on the anticipated deliverables for these types of review projects. If the firm uses hourly billing rates (instead of a flat retainer fee), please provide a detailed fee summary with a total not to exceed cost.
4.6 Supporting Information. Submit any additional information or recommendations supporting the proposal as an appendix or separate attachment.
SECTION 5 STANDARD TERMS AND CONDITIONS
5.1 Applicability. These standard terms and conditions apply to Requests for Written Quotes (RFWQ), Bids (RFB), Proposals (RFP), contracts and all other applicable transactions whereby the County acquires goods or services, or both. The terms of this section shall be incorporated into the Contract for Services. By submitting a proposal, the Proposer is agreeing to be bound by these terms and conditions along with any other terms or conditions set forth elsewhere in this RFP. Special provisions for a contract may also apply.
5.2 Specifications. The listed specifications are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Sauk County must be the sole judge of equivalency. Bidders/proposers are cautioned to avoid proposing alternates to the specifications that may result in rejection of their bid/proposal.
5.3 Deviations and Exceptions. Deviations and exceptions from terms, conditions, or specifications must be described fully, on the vendor’s letterhead, signed, and attached to the bid/proposal. In the absence of such statement, the bid/proposal must be accepted as in strict compliance with all terms, conditions, and specifications and the vendor must be bound to the provisions.
5.4 Quality. Unless otherwise indicated in the request, all material must be first quality. Items which are used, pre-owned, demonstrators, obsolete, seconds, defective, or which have been discontinued are unacceptable without prior written approval by Sauk County.
5.5 Quantities. The quantities shown on this request are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.
5.6 Delivery. Deliveries must be “Free on Board” to the destination listed on the purchase order or contract. Title and risk of loss of goods must not pass to the County of Sauk until receipt and acceptance takes place at the FOB point. Contractor will be responsible to deliver to the destination shown on the purchase order, with inside delivery required at no additional charge to Sauk County. County will reject shipments sent C.O.D. or freight collect.
5.7 Pricing and Content. Sauk County qualifies for governmental discounts; unit prices must reflect these discounts.
Unit prices shown on the Bid or contract must be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price must establish the extended price; the unit price must govern in the bid evaluation, permits, inspections, and all other contract administration.
Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices must not be subject to increase for term specified in the award. Vendor must submit proposed increases to the contracting department thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases must be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.  Submission of a bid constitutes bidder’s certification that no financial or personal relationship exists between the bidder and any County official or employee except as specially set forth in writing attached to and made part of the bid. The successful bidder must disclose any such relationship which develops during the term of the contract. See Sauk County Code of Ordinances Chapter 36, Code of Ethics.
5.8 Acceptance-Rejection. Sauk County reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of Sauk County. Submission of a proposal or a bid constitutes the making of an offer to contract and gives the County an option valid for 90 days after the date of submission to the County. The County reserves the right to perform background and reference checks on vendors providing goods and/or services to the County.
Bids/proposals MUST be date and time stamped by Sauk County on or before the date and time that the bid is due. Bids dated and time stamped (via email) after the deadline will be rejected. Actual receipt by the County is necessary. Receipt of a bid by the vendor email system does not constitute receipt of a bid by the County. THERE WILL BE NO EXCEPTIONS TO THIS POLICY.  Bids must be submitted electronically on company letterhead and signed by an officer of the company. The subject line of the email must indicate the title of project for which vendor is submitting bid.
5.09 Ordering/Acceptance. Written notice of award to a vendor in the form of a purchase order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid. A formal contract signed by both parties must be used.
5.10 Payment Terms and Invoicing. Unless otherwise agreed, Sauk County will pay properly submitted vendor invoices within forty-five (45) days of receipt of goods and services. Payment will not be made until goods and/or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with the contract. A good-faith dispute creates an exception to prompt payment.
5.11 No Waiver of Default. In no event must the making of any payment or acceptance of any service or product constitute or be construed as a waiver by the County of any breach of the covenants of a contract, or a waiver of any default of the successful vendor. The making of any such payment or acceptance of any such service or product by the County while any such default or breach must exist must in no way impair or prejudice the right of the County with respect to recovery of damages or other remedy as a result of such breach or default.
5.12 Taxes. Sauk County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. Sauk County, including all its departments, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from payment of Wisconsin sales or use tax on its purchases. Sauk County may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Vendors performing construction activities are required to pay state use tax on the cost of materials.
5.13 Entire Agreement. These Standard Terms and Conditions must apply to any contract or order awarded as a result of this request. Special requirements of a resulting contract may also apply. The written contract and/or order with referenced parts and attachments must constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment must be effective or binding unless expressly agreed to in writing by the County.
5.14 Guaranteed Delivery. Failure of the vendor to adhere to delivery schedules as specified or to promptly replace rejected materials must render the vendor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs must include administrative costs to retain such replacement.
5.15 Applicable Law. This contract must be governed by the laws of the State of Wisconsin, and venue for any legal action between the parties must be in the Sauk County Circuit Court. The vendor must at
all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. Sauk County also reserves the right to cancel this contract if the County learns the contractor is debarred from a local governmental entity, the State of Wisconsin or federally debarred contractor or a contractor that is presently identified on the list of parties excluded from local or federal procurement and non-procurement contracts.
5.16 Antitrust Compliance. Those parties contracting with the County, or submitting bids under this Request for Bid, certify that with respect to all aspects of this bid and any subsequent agreement they have complied and will comply with all Federal and State Anti-Trust and Restraint of Trade laws and regulations. FURTHERMORE, said party agrees to defend and hold harmless the County of Sauk against any claims to the contrary.
5.17 Assignment. No right or duty in whole or in part of the vendor under a contract may be assigned or delegated without the prior written consent of Sauk County.
5.18 Subcontracting. If sub-contractors are to be used, this must be clearly explained in the Bid. Awarded vendor(s) will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract or any portion therein, or its right, title, or interest in the contract to any person, vendor(s) or other organization without prior written consent of the County. No subcontract must, under any circumstances, relieve the contractor of liability and obligation under this contract. The awarded contractor must be fully responsible for the acts, errors, and omission of subcontractor(s).
5.19 Nondiscrimination/Affirmative Action. The vendor agrees, in accordance with Sec. 111.321, Wis. Stats. not to discriminate against any person, whether an applicant or recipient of services, an employee, or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The vendor must provide a harassment-free work environment. These provisions must include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment.
5.20 Safety Requirements. All employer practices, employee practices, materials, equipment, and supplies provided to Sauk County must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. The vendor must comply with the County’s worksite rules. Vendor must comply, train, and accept exclusive responsibility for its employees while on County property.
5.21 Safety Data Sheets. If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, the vendor must provide one (1) copy of Safety Data Sheets for each item with the shipped container(s) and one (1) copy with the invoice(s).
5.22 Warranty. Unless specifically expressed otherwise in writing, goods and equipment purchased as a result of this request or contract must be warranted against defects by the vendor for one (1) year from date of receipt. An equipment manufacturer’s standard warranty must apply as a minimum and must be honored by the vendor.
5.23 Indemnification and Insurance. The vendor must bear the full and complete responsibility for all risk of damage of premises, equipment, procedure, or money resulting from any cause whatsoever and must not penalize the County for any losses incurred.  Vendor must indemnify, hold harmless, and defend Sauk County, its officers, boards, commissions, agents and employees from any and all liability, claims, demands, losses (including, but not limited to, property damage, bodily injury and loss of life), costs, expenses or damages which Sauk County, its officers, employees, agents, boards, or commissions may sustain, incur or be required to pay by reason of vendor furnishing goods or services required to be provided pursuant to this contract where such liability is founded upon or grows out of acts or omissions of any agents or employees of the vendor. Nothing contained herein must require vendor to defend or indemnify the County for losses, damages, injuries, or death arising out of the negligence of the County, its agents or employees. The obligations of vendor under this paragraph must survive the expiration or termination of the contract or agreement. To secure vendor’s obligation to hold harmless and indemnify the County, vendor must procure and maintain the following insurance: Worker’s Compensation Insurance as prescribed by the laws of the State of Wisconsin.
General Liability:
General Aggregate                                           $1,000,000.00
Products-Comp/Op Agg                                  $1,000,000.00
Personal & Adv. Injury                                     $1,000,000.00
Each Occurrence                                              $1,000,000.00
Automobile: (Combined single limit)            $1,000,000.00
Professional Liability:                                      $1,000,000.00
Excess Liability: (Umbrella)                            $1,000,000.00.  (Each occurrence and aggregate.)
The vendor must add Sauk County, its officers, agents and employees as must be named as an additional named insured.
Vendor must provide policy, countersigned by an insurer licensed to do business in the State of Wisconsin, covering the period of the agreement/contract indicating that Sauk County is an additional named insured on public liability, professional liability and property damage insurance required above.
Vendor must provide insurance certificates indicating required coverage, countersigned by an insurer licensed to do business in Wisconsin, covering the period of the agreement/contract. The insurance certificate is required to be presented prior to the issuance of the purchase order or before commencement of the contract.
5.24 Termination for Default. Failure of the awardee to perform any of the provisions of the contract must constitute a breach of contract, in which case, the County may require corrective action within ten calendar days (10) from date of receipt of written notice citing the exact nature of such breach. Failure to take corrective action or failure to provide a written reply within the prescribed 10 days must constitute a default of the contract. If defaulted, the contractor must be liable for liquidated damages, if any. Sauk County reserves the right to enforce the performance of this contract in any manner prescribed by law in the event of breach of default of this contract and may contract with another party with or without solicitation of proposals or further negotiations. As a minimum, contractor must be required to pay any difference in the cost of securing the products or services covered by this contract or compensate for any loss to County should it become necessary to contract with another source because of this default, plus reasonable administrative costs, reasonable attorney’s fees, court cost and expenses.
5.25 Termination for Convenience. Upon seven (7) calendar days written notice delivered by first class postpaid United States Mail, to the address indicated in the proposal/bid, to the successful bidder/proposer, Sauk County may without cause and without prejudice to any other right to remedy, terminate the agreement for Sauk County’s convenience whenever Sauk County determines that such termination is in the best interest of the County. Where the agreement is terminated for convenience of
Sauk County the notice of termination must state that the contract is being terminated to the convenience of Sauk County under the termination clause and the extent of the termination. Upon receipt of such notice, the contractor must promptly discontinue all work at the time and to the extent indicated on the notice of termination. The contractor must also terminate all outstanding sub-contractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except, as they may be necessary and complete any continued portions of the work.
5.26 Non-Appropriation of Funds. Sauk County intends to make all payments required to be made under any Agreement resulting from this RFP. However, in the event Sauk County’s legislative body, the Sauk County Board of Supervisors, does not appropriate funds for the continuation of the Agreement for any fiscal year after the first fiscal year, said agreement will be terminated without damages or cost for such termination.
5.27 Recordkeeping and Record Retention – Public Works Contracts. The contractor on a public works contract must establish and maintain adequate payroll records for all labor utilized as well as records for all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be kept in accordance with generally accepted accounting procedures. Sauk County must have the right to audit, review, examine, copy, and transcribe any such records or documents relating to any contract resulting from this bid/proposal held by the contractor. The vendor will retain all documents applicable to a contract for a period of not less than five (5) years after final payment is made.
5.28 Independent Vendor Status. Contractor holds itself out as an independent contractor. Contractor: is a separate and independent enterprise from the County; has a full opportunity to find other business; has made its own investment in its business, trade or profession; possesses the equipment, instrumentalities, materials, and office necessary to perform the work; controls the means of performing the work; and risks profit and loss as a result of the work. Contractor is acting as an independent contractor in providing and performing the services contemplated by this contract. It is not intended that anything in, or done pursuant to, this contract create the relationship of employer and employee, principal and agent, partners, or joint venture between County and Contractor. This contract does not create an employee/employer relationship between the parties. It is the parties’ intention that the Contractor is an independent contractor and not the County’s employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, and the provisions of the Internal Revenue Code, the state revenue and taxation law, the state workers’ compensation law and the state unemployment insurance law. It is not the intention of the parties that this contract create any joint employment relationship between the Contractor and the County, and the county shall not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages, overtime premiums, unemployment insurance benefits, worker’s compensation benefits, health insurance, health benefits, disability benefits, or retirement benefits. Contractor is not entitled to receive any benefits from County or to participate in any County benefit plan.
5.29 Public Records, General. It is the intention of the County to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. If awarded this contract, Vendor must assist Sauk County in complying with any public records request made under Wisconsin Law or Federal Freedom of Information Act.
The Parties acknowledge that Sauk County is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 & 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this Agreement are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws.
To comply with any request under said Public Record Law, the provider/contractor herein must produce copies of all materials gathered or produced or modified pursuant to this contract to Sauk County, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin case law, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold Sauk
County, its agents, officials and employees harmless and to indemnify them and Sauk County for all costs, fees, including all reasonable attorney fees and expense of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which Sauk County or its agents , officials or employees may expend or be held liable due to the Provider/contractor ’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this agreement.
Any Public Record Law request received directly by a contractor related to this contract with Sauk County must immediately be reported to the County Administrator for the County.
5.30 Public Records, Trade Secrets/Proprietary Information. Any restrictions on the use of data contained within a request must be clearly stated information identified on a document created by the Proposer labeled “Trade Secret, Confidential and Proprietary Information Form” included with the proposal. Proprietary information submitted in response to a request will be handled in accordance with applicable the Wisconsin Public Records Law. If the vendor asserts in the bid/proposal that any of its books and records of its business practices and other matters collectively constitute a trade secret as that term is defined in s. 134.90(1)(c), Wis. Stats., County will not release such records to the public without first notifying the vendor of the request for the records and affording the vendor an opportunity to challenge in a court of competent jurisdiction the requester’s right to access such records. The entire burden of maintaining and defending the trade secret designation must be upon the vendor. The vendor acknowledges and agrees that if the vendor fails to initiate legal action to defend the trade secret designation within 5 business days of written notification of Public Records Request, or be unsuccessful in its defense of that designation, County shall be required to and will release the records.
In the event that Sauk County becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to of any trade secret or any information designated as Propriety information on the “Trade Secret, Confidential and Proprietary Information Form” Proposer shall, at is sole cost and expense, fully cooperate with Sauk County in the defense of said action, including but not limited to providing access to Sauk County to materials needed, or potentially needed for discovery and defense of the action. In the event that Sauk County becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to a trader secret listed on “Trade Secret, Confidential and Proprietary Information Form”, and such item is determined by a court of competent jurisdiction to be releasable to any person under any such law, then, Proposer shall pay all of the costs of litigation of the Sauk County, including but not limited to actual attorney’s fees, and also all fines or penalties levied against Sauk County or any of its supervisors, employees, or agents for failure to release.
Public Records, Confidential Information (Not subject to Section 5.30 above). Information supplied by Proposer to Sauk County is subject to Subchapter II, Chapter 19 of the Wisconsin Statutes (the Wisconsin Open Records law). For the purposes of this contract the only information supplied by Proposer to Sauk County that may be considered confidential information not subject to Section 5.30 above shall include only the information identified on a document created by the Proposer labeled “Trade Secret, Confidential and Proprietary Information Form” included with the proposal. It is expressly agreed by the parties that this contract itself is not a trade secret, and, therefore, need not be held in confidence by Sauk County. The parties agree that, Proposer would not enter into this contract, and would not release to Sauk County the items listed on the “Trade Secret, Confidential and Proprietary Information Form” as confidential/proprietary without this restriction. Notwithstanding the foregoing, confidential information shall not include information that the receiving party can document was independently developed by them without use of the other party’s confidential information, known prior to disclosure or acquired from a third party free of disclosure obligations. The confidentiality restriction is subject and subordinate to the Wisconsin Open Records Law and other applicable laws relating to public records.
Proposer understands and agrees that, because Sauk County is party to this contract, provisions of the Wisconsin Open Records Law and other laws relating to public records may apply to records kept by Proposer. Proposer agrees to fully comply with such laws, and to cooperate with Sauk County in its compliance with such laws. Cooperation shall include, but not be limited to, the provision of records, or copies of records to County or others upon the request of the county. Compliance and cooperation of Proposer shall be at its sole cost and expense. In the event that Sauk County becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to the confidentiality of any item listed on “Trade Secret, Confidential and Proprietary Information Form” Proposer shall, at its sole cost and expense, fully cooperate with Sauk County in the defense of said action, including but not limited to providing access to Sauk County to materials needed, or potentially needed for discovery and defense of the action. In the event that Sauk County becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to the confidentiality of any item listed on “Trade Secret, Confidential and Proprietary Information Form”, and such item is determined by a court of competent jurisdiction to be releasable to any person under any such law, then, Proposer shall pay all of the costs of litigation of the Sauk County, including but not limited to actual attorney’s fees, and also all fines or penalties levied against Sauk County or any of its supervisors, employees or agents for failure to release. Proposer asserts, and County understands that, without this pledge of confidentiality, Proposer would not provide the confidential information to County and would not enter into this contract with County.
5.31 Patent, Copyright and Trademark Infringement. The contractor guarantees goods sold to the County were manufactured or produced in accordance with applicable federal labor laws, and that the sale or use of the articles described herein do not infringe any patent, copyright, software, or trademark. The contractor covenants that it will, at its own expense, defend and hold harmless the County from every suit which must be brought against Sauk County (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent, copyright, software or trademark by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits, reasonable expenses, reasonable attorney fees in defense of such actions, recoverable in any such suit.
5.32 Licensure, Certification, and Statutory Requirements. Contractor is responsible to comply with all statutory rules and regulations. All federal, state, and local laws, rules, and regulations governing the goods or service described in the specification will apply and will be deemed incorporated into the contract. These requirements must be at contractor’s expense. When required any and all permits and inspections must be included in the bid price and must not be an additional cost to the County.
5.33 Promotional Releases. Contractor agrees not to refer to award of this contract in commercial advertising in such a manner as to state or imply that the services provided are endorsed or preferred by Sauk County.
5.34 Force Majeure. Neither party must be in default under this Agreement if nonperformance of any condition is due to reasons beyond the reasonable control of the party, and nonperformance is not due to a party’s negligence. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the United States government in either its sovereign or contractual capacity, fires, floods, pandemics, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather.

Brian Simmert, AICP-Planning & Zoning Manager
Sauk County Land Resources and Environment Department West Square Building, Rm 248
505 Broadway
Baraboo, WI 53913
E-mail: brian.simemrt@saukcountywi.gov