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HomeMy WebLinkAboutContract 23-25 South Koeller (2)SPECIFICATIONS CITY CONTRACT 23-25 SOUTH KOELLER STREET CONCRETE PAVING FOR CITY OF OSHKOSH, WISCONSIN TABLE OF CONTENTS OFFICIAL NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL SPECIAL CONDITIONS CONTRACT AND BONDS OFFICIAL NOTICE TO CONTRACTORS OFFICIAL NOTICE TO CONTRACTORS NOTICE IS HEREBY GIVEN that electronic bids will be received up to 11:00 a.m., Monday, September 1, 2023, 2023, through the online bidding service of QuestCDN.com, www.OuestCDN.com, for the construction of concrete paving, utilities, and appurtenant work. Bids will be opened and publicly read through a WebEx virtual meeting. CITY CONTRACT 23-25 — SOUTH KOELLER STREET CONCRETE PAVING Approx. 8,000 sq. yds. of 8" concrete pavement and appurtenant work Approx. 800 sq. yds. of 8: concrete pavement removal and replacement Approx. 20 lin. ft. of 18" concrete curb and gutter (8") Approx. 20 lin. ft. of 24" concrete curb and gutter (8") Approx. 4,700 sq. ft. of 8" concrete sidewalk, apron, and driveway Approx. 100 tons of Hot Mix Asphalt surface MT Approx. 4,2001u1. ft of epoxy pavement markings and appurtenant work Approx. 3001in. ft. of 12" to 24" x 38" HERCP storm sewer and appurtenant work It is the Bidder's sole responsibility to insure the Bid is received by QuestCDN.com prior to the deadline set forth in this notice. No bids will be accepted after the deadline. All bids must follow the bidding instructions, including providing all attachments as required, on QuestCDN.com. Contractors must be qualified to submit a bid for this Project. This shall be done on forms furnished by the City of Oshkosh, and must be filled out in proper manner and then submitted to the Department of Public Works for consideration by the Director of Public Works and the City Manager and filed not later than Friday, August 18, 2023. Contractors will not be allowed to bid on this City Contract if complete answers to any Department of Public Works' questions or any missing documentation has not been received by the Department of Public Works by Friday, August 25, 2023. The City Manager's decision as to qualifications will be final. Contractors that are prequalified with the City of Oshkosh for the construction year 2023 for the class of work and the Total Contract Amount specified in the Proposal do not need to prequalify again for this Project. Complete digital Project Bidding Documents (including a copy of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin) will be available at www.questcdn.com on Tuesday, August 8, 2023. Download the digital plan documents for a non-refundable fee of $42 (Forty Two Dollars) by inputting Quest Project No. 8617292 on the website's Project Search page. Please contact QuestCDN.com at (952)233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital Project information. Plans and Specifications may be reviewed at the office of the City Engineer, Room 301 of City Hall, beginning Tuesday, August 8, 2023. These documents are also available for inspection in the office of the City Clerk, Room 104, 215 Church Avenue, Oshkosh, Wisconsin. In addition, additional copies of the current edition of the Standard Specifications for the City of Oshkosh, Wisconsin will be available for purchase. The cost of the current edition of the Standard Specifications for the City of Oshkosh, Wisconsin will be $25 (Twenty Five Dollars) and will be available at the City Engineer's office. Sealed Bids must be accompanied by a Bid Bond payable to the City of Oshkosh on the form provided by the City of Oshkosh in an amount of not less than five percent (5%) of the total amount of the Bid as a guarantee that if the Bid is accepted, Bidder will execute and file proper Contract and Bond within ten (10) days after the award of the Contract. The Bid Bond can be presented in pdf format. If the successful bidder executes the Contract and files the necessary bonds within the allowed time, then the Bid Bond shall be released. If the successful bidder fails to execute the Contract and file the Contract Bond within the allowed time, then the Bid Bond shall be forfeited to the CITY as liquidated damages. No bids will be withdrawn for a period of sixty (60) days after the scheduled time of opening bids. The CITY reserves the right to reject any and all bids and to waive any informalities. MARK A. ROHLOFF City Manager PUBLISHED: August 4 and 11, 2023 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS IB-1 DESCRIPTION OF WORK Under this Contract, the City of Oshkosh (CITY) will receive bids for construction of work as stated in the Proposal. IB-2 PLANS AND SPECIFICATIONS All Contract Documents, including the current edition of the Standard Specifications for City of Oshkosh, Wisconsin, are available for purchase on www.auestcdn.com. Free previews of the Contract Documents are available at http://qal2.questcdli.com/qa12 Jprojectslpri browse/ipp Uri browse html?group=455396& provider=455396. Supplemental information may be available on the CITY's website (see Contract Documents). The CITY will not provide printed copies of the Plans and Specifications for prospective bidders. Additional copies of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin are available for purchase from the City Engineer's office for $25 (Twenty Five Dollars) each. IB-3 PREQUALIFICATION OF CONTRACTORS The Wisconsin Statutes, under Section 66.29, permits the prequalification of all contractors interested in submitting a bid on a municipal project. Prequalification is required for every Contract. Contractors must contact the Department of Public Works to obtain the Prequalification Questionnaire. THIS QUESTIONNAIRE MUST BE COMPLETED AND RETURNED TO THE DIRECTOR OF PUBLIC WORKS BY THE DATE SPECIFIED IN THE OFFICIAL NOTICE TO CONTRACTORS. IF, IN THE OPINION OF THE CITY MANAGER, THE CONTRACTOR IS NOT QUALIFIED TO CARRY OUT THE PROVISIONS OF THIS CONTRACT, THE CONTRACTOR WILL BE NOTIFIED. I13-4 SECTIONS TO BE READ BY THE CONTRACTOR Before submitting a bid, all contractors and subcontractors shall read the Official Notice to Contractors, Instructions to Bidders, Special Conditions, current edition of the Standard Specifications for City of Oshkosh, Wisconsin, and Contract, all of which contain provisions applying to all contractors and subcontractors. The CONTRACTOR agrees by submitting its Bid that it is familiar with every and all requirements for carrying out the Contract for which the Bid is submitted. Page 1 of 4 IB-5 EXAMINATION OF PLANS AND SITE Bidders must satisfy themselves as to the accuracy of the schedule, the quantities of work to be done, the intent of the Specifications, and the requirements of the CITY and the ENGINEER by personal examination of the location and the proposed work by examining the Plans on file with the CITY and/or by such other means as they may prefer. The bidders are expected to snake a thorough examination and familiarize themselves with the site of the work, nature of the soil, and all local conditions affecting the execution of the work. Bidders are required to inform themselves fully of the conditions relating to the construction and the labor under which the work is to be done or is now being performed. The successful bidder must employ as far as possible methods and means for carrying out this work as will not cause any interference or interruption with other contractors. Any questions or discrepancies regarding the nature or quantities of the work must be brought to the CITY's and/or ENGINEER's attention prior to the submission of a bid. If appropriate, clarification or an Addendum will be issued to all potential bidders. The CONTRACTOR agrees by submitting its Bid that it has understood the nature of the work and the estimated quantities for the Project for which the Bid is submitted. I13-6 PROPOSAL FORM All bids shall be electronically submitted through QuestCDN.com (www.questcdn.com), including all required attachments. Failure to upload all required attachments will result in the Bid being considered incomplete and the Bid will be rejected. The CONTRACTOR's Proposal and any required attachments can be uploaded and revised at any time prior to the bid opening. The CITY's issuance of Addenda may require CONTRACTOR to update their Proposal or revise previously -uploaded attachments. I13-7 TIME OF COMPLETION When required as part of the Bid, the CONTRACTOR shall specify the number of calendar days after the award of the Contract when the CONTRACTOR will begin the work and the number of calendar days they will require to complete the work. A calendar day is considered twenty-four (24) hours. The CONTRACTOR may be granted an extension of time as provided in the Specifications. Page 2 of 4 When a CONTRACTOR is delayed for any reason whatsoever, and such delay may prevent the CONTRACTOR from completing the Contract within the time specified, the CONTRACTOR may apply for an extension of time to the CITY, but such request must be made in writing within five (5) days after CONTRACTOR becomes aware of the delay. The request shall clearly and concisely set forth the cause of the delay and the extension of time requested. The CITY will review the request and may extend the time of completion in accordance with the Contract. The Contract shall be considered completed when, in the judgment of the ENGINEER, all work called for in the Specifications has been completed and the construction becomes usable to the CITY. IB-8 REQUIREMENT FOR SIGNING BIDS A. Bids which are not signed by individuals making them should have attached power of attorney evidencing authority to sign the Bid in the name of the person for whom it was signed. B. Bids which are signed for a partnership should be signed by all of the partners, or by an attorney -in -fact. If signed by an attorney -in -fact, there should be attached to the Bid a power of attorney, evidencing authority to sign the Bid, executed by the partners. C. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name followed by the word, "By 11 IB-9 WITHDRAWAL OF BID Proposals may be withdrawn any time previous to the opening of the Bids, but no Proposal may be withdrawn after the time of opening bids is passed for a period of sixty (60) days. IB-10 REJECTION OF BIDS The CITY reserves the right to reject any and all Bids or to award any and all Contracts to bidders who, in the judgment of the CITY, will best serve the CITY. The CITY reserves the right to reject the Bid in whole or in part. A Bid which has not been prepared according to the instructions contained herein, or which does not contain a unit price which is both adequate and reasonable for each and every Item named in the Specifications, is subject to rejection. Unbalanced Bids are subject to rejection. Page 3 of 4 IB-11 WHEN AWARD EFFECTUAL The Contract shall be deemed as having been awarded when formal Notice of Award shall have been duly served upon the intended awardee (i.e., the bidder to whom the CITY contemplates awarding the Contract) by some officer or agent of the CITY duly authorized to give such notice. Page 4 of 4 PROPOSAL PROPOSAL FOR CITY CONTRACT 23-25 SOUTH KOELLER STREET CONCRETE PAVING City Manager City Hall, PO Box 1130 Oshkosh, WI 54903-1130 Dear Sir/Madam: The undersigned, having familiarized themselves with the local conditions affecting the cost of the work and with the Contract Documents including the Official Notice to Contractors; Instructions to Bidders; current edition of the Standard Specifications for City of Oshkosh, Wisconsin; the form of the Pro op sal; the form of the Contract; the form of the Bonds; Plans; Special Conditions; and Addenda and Exhibits issued and on file in the office of the City Clerk of the City of Oshkosh, Wisconsin, hereby proposes to perform everything required to be performed and to provide and furnish all of the labor, equipment, and materials, except that which is expressly stated will be furnished by the CITY; necessary tools; expendable materials; and all utility, transportation services, and appurtenances necessary to perform and complete in a workmanlike manner all of the work required as called for in the following Proposal in connection with the construction of concrete paving, utilities, and appurtenant work in and for the City of Oshkosh, Wisconsin, all in accordance with the Plans and Specifications on file, including Addenda Nos. issued thereto for these following prices: SECTION I BID DESCRIPTION ITEM Mobilization; complete as 1050 specified Removing pavement; 1100 complete as specified UNIT EST. BID UNIT PRICE BID TOTAL PRICE QTY. Lump Sum 1 $ $ Square Yards 7,750 $ Removing curb and gutter; Linear 1110 complete as specified Feet Removing concrete and asphalt sidewalk and driveway; complete as Square 1120 specified Feet Unclassified excavation; Cubic 1200 complete as specified Yards 200 $ 5,800 $ $ 2,200 $ Page 1 of 12 BID ITEM DESCRIPTION UNIT EST. QTY, BID UNIT PRICE BID TOTAL PRICE Excavation special (paving); 1220 complete as specified Tons 325 $ $ 8" concrete pavement doweled; with 6" CABC and grading; complete as Square 1314A specified Yards 7,700 $ $ 8" concrete pavement HES removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete Square 1319 as specified Yards 800 $ $ Concrete pavement gaps; 1334 complete as specified Each 8 $ $ Crushed aggregate base 1340 course; complete as specified Tons 650 $ $ Pavement ties; complete as 1350 specified Each 17 $ $ Drilled dowel bars; 1 1/4; 1354 complete as specified Each 102 $ $ Adjust manholes and inlets; 1360 complete as specified Each 12 $ $ Turf restoration; complete as Square 1370 specified Yards 2,000 $ $ Cold weather covering (concrete pavement) - single visquine; complete as Square 1380 specified Yards 4,200 $ $ Cold weather covering (concrete pavement) - double visquine; complete as Square 1382 specified Yards 4,200 $ $ Page 2 of 12 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Cold weather covering (concrete pavement) - double visquine with 6" hay; Square 1384 complete as specified Yards 4,200 $ $ Up -charge for late season cold weather concrete pavement; complete as Cubic 1390 specified Yards 1,875 $ $ 18" curb and gutter; 8'; with 6" CABC and grading; Linear 1422 complete as specified Feet 21 $ $ 24" curb and gutter; 8'; with 6" CABC and grading; Linear 1432 complete as specified Feet 21 $ $ 8" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; Square 1524 complete as specified Feet 4,900 $ $ Drilled No. 4 sidewalk tie bars - deformed; epoxy- 1560 coated; complete as specified Each 28 $ $ Cold weather covering (sidewalk) - single visquine; Square 1580 complete as specified Feet 2,400 $ $ Cold weather covering (sidewalk) - double visquine; Square 1582 complete as specified Feet 2,400 $ $ Cold weather covering (sidewalk) - double visquine with 6" hay; complete as Square 1584 specified , Feet 2,400 $ $ Up -charge for late season cold weather concrete sidewalk; complete as Cubic 1590 specified Yards 120 $ $ Page 3 of 12 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Locate existing property monuments; complete as 1650 specified Each 11 $ $ Replace existing property monuments; complete as 1652 specified Each 6 $ $ Sawing existing pavement; Linear 1700 complete as specified Feet 415 $ $ Sawing concrete pavement full depth; complete as Linear 1710 specified Feet 130 $ $ Tack coat, complete as 1900 specified Gallons 7 $ $ 5" asphaltic surface MT with 6" CABC and grading; Square 1915 complete as specified Yards 100 $ $ Asphaltic cold weather paving; complete as Square 1918 specified Yards 96 $ $ Pavement markings; epoxy; 4" (white); complete as Linear 1974 specified Feet 685 $ $ Pavement markings; epoxy; 4" (yellow); complete as Linear 1975 specified Feet 3,020 $ $ Pavement markings; epoxy; 8" (white); complete as Linear 1976 specified Feet 265 $ $ Pavement markings; cross- walk epoxy; 6" (white); Linear 1977 complete as specified Feet 155 $ $ Pavement markings; stop - line epoxy; 18" (white); Linear 1978 complete as specified Feet 42 $ $ Page 4 of 12 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Pavement markings; arrow epoxy; Type 1 (white); 1979 complete as specified Each 3 $ $ Pavement markings; arrow epoxy; Type 2 (white); 1980 complete as specified Each 1 $ $ Pavement markings; arrow epoxy; Type 3 (white); 1981 complete as specified Each 3 $ $ Pavement markings; word; epoxy (white); complete as 1983 specified Each 1 $ $ Temporary pavement markings; paint; 4" (white); Linear 1985 complete as specified Feet 2,500 $ $ Pavement markings; arrow epoxy; Type 1 (yellow); 1989 complete as specified Each 2 $ $ Pavement markings; arrow epoxy; Type 2 (yellow); 1990 complete as specified Each 2 $ $ Furnish and install 12" storm Linear 2003 sewer; complete as specified Feet 80 $ $ Furnish and install 18" storm Linear 2009 sewer; complete as specified Feet 120 $ $ Furnish and install 24" x 38" HERCP Class III storm Linear 2049 sewer; complete as specified Feet 87 $ $ Furnish and install 24" x 38" RCP Class III apron endwall with joint ties; complete as 2156 specified Each 1 $ $ Page 5 of 12 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Furnish and install standard storm sewer manhole (4' diameter); complete as Vertical 2201 specified Feet 4 $ $ Furnish and install standard storm sewer manhole (6' diameter); complete as Vertical 2203 specified Feet 5 $ $ Furnish and install standard storm sewer inlet manhole (4' diameter); complete as Vertical 2213 specified Feet 4.25 $ $ Furnish and install Type 3 inlet (with 18" sump); 2237 complete as specified Each 3 $ $ Furnish; install; maintain; and remove Type D modified inlet protection; 2508 complete as specified Each 12 $ $ Sediment removal - Type D modified inlet protection; 2510 complete as specified Each 4 $ $ Furnish; install; maintain; and remove stone bag; 2516 complete as specified Each 24 $ $ Furnish; install; maintain; and remove ditch check; 2522 complete as specified Each 4 $ $ Abandon 8" -12" storm Linear 2800 sewer; complete as specified Feet 64 $ $ Abandon 15" and larger storm sewer; complete as Linear 2802 specified Feet 157 $ $ Page 6 of 12 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Abandon storm sewer manholes and inlets; 2810 complete as specified Each 1 $ $ Connect to existing storm sewer main; complete as 2850 specified Each 1 $ $ Storm sewer utility line opening (ULO); complete as 2914 specified Each 2 $ $ Furnish and install sanitary sewer external manhole chimney seal; complete as 3114 specified Each 2 $ $ Furnish and install sanitary sewer external manhole chimney seal extension; 3116 complete as specified Each 1 $ $ Reconstruct sanitary sewer manhole (4' diameter); Vertical 3122 complete as specified Feet 4.5 $ $ Closed circuit televising - using push camera; complete 3710 as specified Each 1 $ $ SUBTOTAL SECTION I — CONTRACT 23-25 SECTION I (ITEMS 1050 — 3710) Page 7 of 12 CITY CONTRACT 23-25 SOUTH KOELLER STREET CONCRETE PAVING SUBTOTAL SECTION I (ITEMS 1050 - 3710) GRAND TOTAL OF CITY CONTRACT 23-25 (ITEMS 1050 - 3710) Page 8 of 12 CONTRACT 23-25 ATTACHMENT A LIST OF SUBCONTRACTORS Pursuant to Section 66.29(7), Wisconsin Statutes, the Bidder, as part of this Proposal, submits this full and complete list of all the Subcontractors and the class of work to be performed by each. The CONTRACTOR will be permitted to sublet a portion of the Contract, but shall perform with their organization work amounting to at least thirty percent (30%) of the original Contract amount. Work performed by the CONTRACTOR for any Bid Item that had been subcontracted will not be included towards the thirty percent (30%) calculation. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of their Subcontractor and of the persons either directly or indirectly employed by their Subcontractor as they are by acts or omissions of persons directly employed by themselves. All Subcontractors, if any, shall be listed in the spaces provided on the Proposal Form and said list shall not be added to or altered without the written consent of the CITY. Signed, final waivers of lien will need to be provided to the CITY prior to the release of the final retainage to the CONTRACTOR. When a Subcontractor and the class of work to be performed are not listed, it shall be considered that the Bidder will perform the work themselves. PERCENT OF NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT I hereby certify that the use of the name(s) of the above Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). Signature of Bidder Page 9 of 12 CONTRACT 23-25 ATTACHMENT B Bidders for this Contract must be Pre -Qualified for at least the following Total Contract Amount: $750,000 Bidders for this Contract must also be Pre -Qualified for at least One of the Following Type(s) of Construction Denoted by a Z. Street, Utility, and Site Construction ® Roadway Grading ® Concrete Pavement Construction, including Grading ❑ Bituminous Paving ❑ Bituminous Street Construction, including Concrete Curb & Gutter and Roadway Grading & Graveling ❑ Mudjackilg ❑ joint Sealing ❑ Sidewalk Construction ❑ Sanitary & Storm Sewer Construction ❑ Site Grading ❑ Street Lighting ❑ Reinforced Concrete Construction, i.e. Foundations, Storm Drainage Structures, Retaining Walls ❑ Landscaping ❑ Bridge Painting ❑ Water Main Construction ❑ Boring or Tumieling General Building Construction ❑ Building Construction, Renovation, or Remodeling Specific Categories of Building Construction ❑ Building Demolition ❑ Elevator ❑ Electrical ❑ Heating, Ventilating, & Air Conditioning ❑ Painting ❑ Plumbing ❑ Pump Houses & Lift Stations ❑ Roofing ❑ Riverwalk Construction Miscellaneous Page 10 of 12 CONTRACT 23-25 ATTACHMENT C Bidders for this Contract must meet the following Insurance Standards as Denoted by a Z. Insurance Standards ® I. Contractor's Insurance with Bond & Property Insurance Requirements II. Contractor's Insurance with Bond Requirements (excluding Property Insurance Requirements) ❑ III. Contractor's Insurance (excluding Bond & Property Insurance Requirements) ❑ IV. Professional Services Liability Insurance Requirements ® V. Pollution Exposures Liability Insurance Requirements (Must be combined with I, II, or III above for proper coverage) Page 11 of 12 CONTRACT 23-25 PROPOSAL The undersigned will begin work as specified after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of (Naive of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of a Partnership consisting of or an individual trading as ; of the City of State of That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. Subscribed and sworn to before me this day of Notary Public, or other authorized to administer Signature (Title, if any) 20 (Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement.) Accompanying this Proposal is a Bid Bond in the amount of % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 12 of 12 SPECIAL CONDITIONS SPECIAL CONDITIONS CONTRACT 23-25 KOELLER STREET CONCRETE PAVING SP-1 BID OPENING The bid opening for Contract 23-25 will be held in Room 310 of City Hall. Also, please note, public access to Contract 23-25's bid opening will also be handled through WebEx. To join Contract 23-25's bid opening through WebEx, please copy and paste this link into your web browser: https://cityofoshkosh.my.webex.com/cityofoshkosh.my j.phl2?MTID=m9a102370c 6c1a429c177615fa50a8e28 The meeting number (access code) for this Bid opening is 2551 876 4013. The meeting password via web browser is bDAAZ32XmY9. If you wish to join by telephone, please call 1-510-338-9438. To join from a video system or application, dial 255178764013@webex.com or dial 173.243.2.68 and enter the meeting number listed above. The meeting password for telephone or video system is 23229329. To join from a mobile device, enter +1-510-338-9438„ 25518764013#23229329#. Some mobile devices may ask attendees to enter a numeric meeting password; use the password listed above for telephones or video systems. If you need help, please go to http://help.webex.com. SP-2 COMPLETION AND LIQUIDATED DAMAGES It is anticipated the award of this work will be on Tuesday, September 12, 2023. It is anticipated the CONTRACTOR will be able to start construction work on Monday, September 18, 2023. Page 1 of 6 The substantial completion of this Project shall be completed by Friday, December 1, 2023. As stated in Section 100.9 of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin (CITY SPECIFICATIONS), substantial completion includes completion of all Contract Bid Items and change order work. Substantial completion shall also consist of coordinating with the CITY to install all of the street signs prior to opening to traffic. Emphasis on this Section is placed to control and minimize the inconvenience to City of Oshkosh residents, businesses, and property owners. The CONTRACTOR shall note the CITY has essential work to perform both within and outside of the scope of this Contract and variation by the CONTRACTOR from the completion schedule of this Contract will result in extra costs to the CITY which include, but are not limited to, labor, equipment, administrative, and contracted services. It is the intent of the CITY to assess liquidated damages to the CONTRACTOR if the completion schedule for this Contract is not met. For all cases, unless otherwise noted, closure of a street to local traffic shall be limited to a maximum of five (5) weeks. It will be necessary for the CONTRACTOR to obtain written approval from the ENGINEER to vary from these schedule requirements. The ENGINEER shall determine the number of calendar days the CONTRACTOR is in default in completing any segment of the Contract and shall certify the same to the CITY in writing. For each calendar day so certified, the CONTRACTOR shall pay the CITY the sum as indicated in the current edition of the CITY SPECIFICATIONS, which sum is hereby agreed upon, not as a penalty, but as liquidated damages which the CITY will suffer by reason of such default. The CITY shall be fully authorized and empowered to deduct and retain the amount of any damages, determined as herein provided, for each day the CONTRACTOR shall be in default in completing the work after the time fixed in the Contract, or after any later date to which the time for completion may have been extended by the CITY, from any monies due or to become due the CONTRACTOR under the Contract, at any time after such damages are so incurred. The permitting of the CONTRACTOR to finish the work, or any part of it, after the time fixed for its completion or after the date to which the date of completion may have been extended, shall in no way operate as a waiver on the part of the CITY of any of its rights under the Contract. Page 2 of 6 SP-3 SCOPE OF WORK The work under this Contract consists of the public construction of concrete pavement on South Koeller Street and West 20th Avenue and miscellaneous corresponding utility work. A key element to this Project will be the CONTRACTOR's ability to successfully schedule the work to meet the various completion deadlines. There is a considerable amount of access restrictions included for this Contract. The accesses described shall be provided incidental to the Contract. SP-4 MAINTENANCE OF TRAFFIC In addition to the provisions listed in Section 100.53 of the current edition of the CITY SPECIFICATIONS, the following apply to Contract 23-25: • CONTRACTOR must allow a minimum ten -foot (10') wide emergency vehicle access at all times, unless approved otherwise by the ENGINEER. • Counter -directional traffic shall be maintained on West 201h Avenue at all times. The CONTRACTOR shall be required to provide message boards one (1) week prior to starting the construction. Message boards shall be, at a minimum, clean, professionally made and printed, and made with reflective materials. The CONTRACTOR shall maintain access (vehicular and pedestrian) to all businesses at all times throughout the duration of the Project. This may include, but is not limited to, the building of Americans with Disabilities Act (ADA) compliant ramps or bridges into buildings. There is a GO TRANSIT bus route within and adjacent to this Project: • The No. 8 Bus Route travels south along South Koeller Street, traveling through the construction site. For any bus routes that will be impacted by the construction activities, the CONTRACTOR shall give GO TRANSIT (Oshkosh Transit) two (2) weeks' notice, so GO TRANSIT can set up the necessary detour routes. Page 3 of 6 Residential, commercial, industrial, and non-residential garbage pick-up may occur at different days and shall be accommodated. CONTRACTOR is to verify the days of garbage collection and accommodate the affected residents and businesses. SP-5 DESIGNATED HAUL ROUTES CONTRACTOR may enter and leave the construction zone from the following routes: 0 All portions of the Project are located on designated truck routes. SP-6 NOTES TO BIDDERS As stated in Section 100.10.1 of the CITY SPECIFICATIONS, CONTRACTOR shall furnish a Bid Bond, Performance Bond, and Payment Bond on forms provided by the CITY. All questions about the meaning or intent of these Specifications and Plans are to be submitted to the CITY via e-mail to Alyssa Deckert (adeckert@ci.oshkosh.wi.us) by 4:30 p.m. on Monday, August 28, 2023. Interpretation or clarifications considered necessary by the CITY in response to such questions will be issued via an Addendum. Only questions answered by an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. SP-7 MISCELLANEOUS UTILITY COORDINATION Several underground utilities (City sewers, water, and electrical conduit; Wisconsin Public Service (WPS) [electrical and gas]; American Transmission Company (ATC); AT&T Wisconsin (AT&T); Spectrum; TDS Telecom (TDS); U.S. Signal; and Windstream) may be extremely shallow with respect to proposed pavement and sidewalk surfaces. In some cases, utility relocation may be required in coordination with the CONTRACTOR's work. The CONTRACTOR shall coordinate and cooperate with the various utilities in the completion of the Contract and utility work and shall anticipate this work in the Project schedule. Page 4 of 6 The utility locations are approximately shown on the Plans. A utility locate will need to be requested by the CONTRACTOR from the various utilities involved before commencing work. Caution shall be exercised in all digging operations and this CONTRACTOR will be held wholly responsible for any damage to utilities (including laterals) and cost of repairing same. SP-8 CONCRETE AND ASPHALT PAVING CONSTRUCTION CONTRACTOR to perform concrete cylinder tests per Section 900.2.13 of the current edition of the CITY SPECIFICATIONS. Test results required by Section 900.2.13.1 shall be submitted to the CITY via e-mail to Alyssa Deckert (adeckert@ci.oshkosh.wi.us) and Tracy Taylor (ttaylor@ci.oshkosh.wi.us). 1. Bid Item #1220 — Excavation Special (Paving) A. Quantity being bid is an undistributed amount based on historical data. No changes in Bid pricing will be allowed based on actual field measurements. 2. Bid Item #1650 — Locate Existing; Property Monuments A. Quantity being bid is an undistributed amount based on historical data. No changes in Bid pricing will be allowed based on actual field measurements. 3. Bid Item #1652 — Replace Existing Property Monuments A. Quantity being bid is an undistributed amount based on historical data. No changes in Bid pricing will be allowed based on actual field measurements. 4. Bid Item #1985 — Temporary Pavement Markings; Paint; 4" (White) A. Bid Item #1985 shall also include four -inch (4") yellow temporary pavement markings. B. Quantity being bid is an undistributed amount based on the time of year for construction. No changes in Bid pricing will be allowed based on actual field measurements. 5. Bid Item #1989 — Pavement Markings; Arrow Epoxy; Type 1 Yellow) A. Bid Item #1989 shall follow the specifications included in Section 1970 of the CITY SPECIFICATIONS. B. Bid Item #1989 consists of all furnishing all labor, equipment, and materials to provide pavement markings consistent with the arrows shown on Sheet 9 of the Plans and that are currently on the existing street. Page 5 of 6 6. Bid Item #1990 — Pavement Markings; Arrow Epoxy; Type e 2 (Yellow A. Bid Item #1990 shall follow the specifications included in Section 1970 of the CITY SPECIFICATIONS. B. Bid Item #1990 consists of all furnishing all labor, equipment, and materials to provide pavement markings consistent with the arrows shown on Sheet 9 of the Plans and that are currently on the existing pavement. Page 6 of 6 CONTRACT AND BONDS CONSTRUCTION CONTRACT THIS CONTRACT, made on the day of , 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and (NAME, address), party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the Specifications for the Project entitled or described as follows: Public Works Contract No. for in the City of Oshkosh, for the Department of Public Works, pursuant to Resolution No. adopted by the Common Council of the City of Oshkosh on the day of 2023, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE VII. of this CONTRACT. ARTICLE II. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits specified in the Special CoMitiom and/or CONTRACTOR's Proposal. ARTICLE III. PAYMENT (a) The CONTRACT Sum. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT the sum of Dollars ($ ), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above -mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the CONTRACT the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's Proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the CONTRACT. (b) Progress Payments. In the event the time necessary to complete this CONTRACT is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. I:\Engineering\Tracy Taylor\Public Works Contracts\ Contract Book Skeleton\Blank Construction Page 1 of Contract Form 6-21-21docx ARTICLE IV. STANDARD PROVISIONS The CONTRACTOR agrees in all hiring or employment made possible by or resulting from this CONTRACT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE V. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims, and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, their agents or assigns, their employees, or their subcontractors related however remotely to the performance of this CONTRACT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE VI. INSURANCE The Insurance required by the CITY as specified in the CITY's Specifications, including Addenda, or Plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self- insurance maintained by the CITY, its officers, council members, agents, employees, or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this CONTRACT, or the Specifications, whichever is longer. ARTICLE VH. COMPONENT PARTS OF THE CONTRACT This CONTRACT consists of the following component parts, all of which are as fully a part of this CONTRACT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The CITY's Plans and Specifications, including all Addenda's 3. Current edition of the Standard Specifications for City of Oshkosli, Wisconsin 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this CONTRACT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. I: \Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 2 Of 3 Contract Form 6-21-23.docx IT IS HEREBY DECLARED, UNDERSTOOD, AND AGREED that the word "CONTRACTOR" wherever used in this CONTRACT means the party of the second part and its/his/her/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this CONTRACT to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said CITY, and the party of the second part hereunto set its, his/her, or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR (Seal of CONTRACTOR if a Corporation) (Witness) as IN (Specify Title) (Specify Title) CITY OF OSHKOSH And: Mark A. Rohloff, City Manager (Witness) Diane M. Bartlett, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this CONTRACT. City Attorney City Comptroller I:\Engineering\Tracy Taylor\ Public Works Contracts\ Contract Book Skeleton\ Blank Construction Page 3 of 3 Contract Form 6-21-23.docx BID BOND CITY OF OSHKOSH Contract Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization SURETY(IES) (Legal Name(s) and Business Address(es)) OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION — Individual — Partnership — Corporation State of Mcorporation Penal Sum of Bond The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the Bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the Bid. If the Contractor either enters into a contract with Owner in accordance with the terms of the Bid and gives such bond(s) that may be specified in the Bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials, and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the Bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such Bid, then the Surety and the Contractor shall have no obligation under this Bond. Page I of 2 Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, or other form of electronic transmission. Notices shall be provided to the Owner, Surety, and/or Contractor at their address as specified on this Bond or to a facsimile, e-mail or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Name of Principal/Contractor Name of Surety Title Title Page 2 of 2 PAYMENT BOND Contract Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) SURETY(IES) (Legal Name(s) and Business Address(es)) OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization Individual _ Partnership Corporation State of Incorporation Penal Sum of Bond The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies, and holds harmless the Owner from all claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. Page 1 of 2 Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify, and hold harmless the Owner against such claim, demand, lien, or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants, or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, or other form of electronic transmission. Notices shall be provided to the Owner, Surety, and/or Contractor at their address as specified on this Bond or to a facsimile, e-mail, or other electronic address that has been provided in writing to the other party to be used for this purpose. The lases of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Name of Principal/Contractor Name of Surety Title Title Page 2 of 2 PERFORMANCE BOND Contract Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) SURETY(IES) (Legal Name(s) and Business Address(es)) OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization _ Individual _ Partnership _ Corporation State of bicorporation Penal Sum of Bond The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed -upon location within five (5) business days of Page 1 of 3 the request for conference. If the Owner, Contractor, and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original Contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, or other form of electronic transmission. Notices shall be provided to the Owner, Surety, and/or Contractor at their address as specified on this Bond or to a facsimile, e-mail or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Page 2 of 3 The above obligation is void if the Contractor performs and fulfills all the terms, conditions, and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor, Name of Principal/Contractor Name of Surety Title Title Page 3 of 3