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Home My WebLink About23-29 demolitionsSPECIFICATIONS FOR CITY CONTRACT 23-29 BUILDING DEMOLITIONS FOR CITY OF OSHKOSH, WISCONSIN TABLE OF CONTENTS OFFICIAL NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL SPECIAL CONDITIONS MATERIALS MANAGEMENT PLAN 925 FLORIDA AVE. OSHKOSH, WI PRE -DEMOLITION ASBESTOS INSPECTION 504 W 4TH AVE. OSHKOSH, WI PRE -DEMOLITION ASBESTOS INSPECTION 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, December 4, 2023, through the online bidding service of QuestCDN.com, www.OuestCDN.com, for the demolition of buildings, pavements, and utilities; removal of a refuse pile; replacement of landfill vault structures; grading; and restoration of disturbed areas and appurtenant work. Bids will be opened and publicly read in Room 310 of City Hall, 215 Church Avenue, Oshkosh, Wisconsin, and through a Zoom virtual meeting. CITY CONTRACT 23-29 — BUILDING DEMOLITIONS Approx. 4,000 sq. yds. of asphalt pavement demolition and offsite disposal Approx. 28,000 sq. ft. of building demolition and appurtenant work and offsite disposal (two (2) buildings at separate locations) Approx. -14,300 sq. yds. of surface restoration and appurtenant work Approx. 1,000 cu. yds. of clay import from optional City -supplied source Approx. 25 landfill vault structures to be replaced Approx. 2,100 tons of refuse removal and offsite disposal It is the Bidder's sole responsibility to ensure the Bid is received by QuestCDN.com prior to the deadline set forth n 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 Thursday, November 23, 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 Wednesday, November 29, 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, November 14, 2023. Download the digital plan documents for a non-refundable fee of $42 (Forty Two Dollars) by inputting Quest Project No. 8809107 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, November 14, 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 i1 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; November 10 and 17, 2023 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS I13-1 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.questcdn.com. Free previews of the Contract Documents are available at http://gap.questcdn.com/qap//projects/pr.j browse/ipp p4 browse.html?group=455396& 12rovider=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 RE COMPLETED AND RETURNED TO THE DIRECTOR VF P BT ` 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. IB-4 SECTIONS TO BE READ BY THE CONTRACTOR Before submitting a bid, all contractors and subcontractors shall read the Official Notice to Contractors, histructions to Bidders, Special Conditions, current edition of the Standard Specifications for City of Oshlcosli, 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 make 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. IB-6 PROPOSAL FORM All bids shall be electronically submitted through QuestCDN.com (www.auestcdn.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. IB-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 begun 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 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 23-29 BUILDING DEMOLITIONS 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 Proposal; 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 — WORK UNIT A / QUARRY PARK SHELTER BUILDING BID DESCRIPTION ITEM Mobilization; complete as A1050 specified Removing pavement; A1100 complete as specified Building demolition; A1150 complete as specified Utility service removal; A1160 complete as specified Light pole removal; A1170 complete as specified Sawing existing pavement; A1700 complete as specified "U. Lump Sum Square Yards EST. BID UNIT PRICE BID TOTAL PRICE QTY. 1 $ $ 1,559 $ Lump Sum 1 $ $ Lump Sum 1 $ $ Each 4 $ $ Linear Feet 67 $ $ Page 1 of 11 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Remove and replace HMA pavement; including sawing; fine grading; turf restoration; and traffic control; complete Square A1904 as specified Yards 39 $ $ Furnish; install; maintain; and remove Type D _ modified inlet protection, — A2508 complete as specified Each 1 $ $ Sediment removal - Type D modified inlet protection; _ A2510 complete as specified Each 1 $ $ Furnish; install; maintain; and remove stone tracking A2512 pad; complete as specified Each 1 $ $ Funnssh; install; maintain; and remove silt fence; Linear A2514 complete as specified Feet 500 $ $ Furnish and install topsoil 6" Square A2600 depth; complete as specified Yards 1,559 $ $ Install salvaged topsoil 6" Square A2602 depth; complete as specified Yards 1,258 $ $ Furnish and install no -mow Square A2622 fescue; complete as specified Yards 2,817 $ $ Furnish and install hydraulically -applied erosion control product; Square A2644 complete as specified Yards 2,817 $ $ Strip and stockpile topsoil; Square A2902 complete as specified Yards 1,258 $ $ Import clay material; Cubic A2932 complete as specified Yards 500 $ $ Page 2 of 11 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish and install clay A2937 darns; complete as specified Each 3 $ $ SUBTOTAL SECTION I — WORK UNIT A / QUARRY PARK SHELTER BUILDING SECTION I — WORK UNIT A (ITEMS A1050 — A2937) Page 3 of 11 SECTION II — WORK UNIT B / SANITATION GARAGE BUILDING BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Mobilization; complete as Lump B1050 specified Sum 1 $ $ Removing pavement; Square B1100 complete as specified Yards 1,258 $ $ Building demolition; Lump B1150 complete as specified Sum 1 $ $ Utility service removal; Lump B1160 complete as specified Sum 1 $ $ Light pole removal; B1170 complete as specified Each 1 $ $ Sawing existing pavement; Linear B1700 complete as specified Feet 90 $ $ Remove and replace HMA pavement; including sawing; fine grading; turf restoration; and traffic control; complete Square B1904 as specified Yards 24 $ $ Furnish; install; maintain; and remove Type D modified inlet protection; B2508 complete as specified Sediment removal - Type D modified inlet protection; B2510 complete as specified Furnish; install; maintain; and remove stone tracking B2512 pad; complete as specified Furnish; install; maintain; and remove silt fence; B2514 complete as specified Each 6 $ Each 6 $ Each _ 1 $ Linear Feet 860 $ Page 4 of 11 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish and install topsoil 6" Square B2600 depth; complete as specified Yards 6,144 $ $ Furnish and install no -mow Square B2622 fescue; complete as specified Yards 6,144 $ $ Furnish and install hydraulically -applied erosion control product; Square B2644 complete as specified Yards 6,144 $ $ Import clay material; B2932 complete as specified Cubic Yards 2,500 $ Furnish and install clay B2937 dams; complete as specified Each 1 $ SUBTOTAL SECTION II — WORK UNIT B / SANITATION GARAGE BUILDING SECTION II — WORK UNIT B (ITEMS B1050 — B2937) Page 5 of 11 CITY CONTRACT 23-29 BUILDING DEMOLITIONS SUBTOTAL SECTION I — WORK UNIT A / QUARRY PARK SHELTER BUILDING (ITEMS A1050 — A2937) $ SUBTOTAL SECTION II — WORK UNIT B / SANITATION GARAGE BUILDING (ITEMS B1050 — B2937) $ GRAND TOTAL OF CITY CONTRACT 23-29. (ITEMS A1050 — B2937) $ ALTERNATE 1— WORK UNIT C / QUARRY PARK VAULT STRUCTURES Mobilization; complete as Lump C1050-1 specified Sum Furnish; install; maintain; and remove 12" diameter sediment logs; complete as Linear C2518-1 specified Feet Remove and replace wellhead; valve; and bulkhead manholes; C3991-1 complete as specified Each 1,500 $ 25 $ $ Page 6 of 11 ALTERNATE 2 — WORK UNIT D / EAST 8TH AVENUE WASTE PILE Mobilization; complete as Lump D1050-2 specified Sum 1 $ $ Remove and dispose of waste pile; complete as D1225-2 specified Tons 2,100 $ $ Furnish; install; maintain; and remove stone tracking D2512-2 pad; complete as specified Each 1 $ $ Furnish; install; maintain; and remove silt fence; Linear D2514-2 complete as specified Feet 355 $ $ Furnish and install topsoil 6" depth; complete as Square D2600-2 specified Yards 600 $ $ Furnish and install no - mow fescue; complete as Square D2622-2 specified Yards 600 $ $ Furnish and install hydraulically -applied erosion control product; Square D2644-2 complete as specified Yards 600 $ $ (SELECTED ALTERNATES WILL BE CONSIDERED IN DETERMINING LOW BIDDER) Page 7 of 11 CONTRACT 23-29 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. 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. NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK I hereby certify that the use of the name(s) of the above Subcontractors) was with the knowledge and consent of the said Subcontractor(s). Signature of Bidder Page 8 of 11 x 0 CONTRACT 23-29 ATTACHMENT B Bidders for this Contract must be Pre -Qualified for at least the following Total Contract Amount: $500,000' 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 Mudjacking 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 Tunneling 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 9 of 11 CONTRACT 23-29 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 10 of 11 CONTRACT 23-29 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 (Name 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. Signature (Title, if any) Subscribed and sworn to before me this day of 20 Notary Public, or other authorized to administer (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 11 of 11 SPECIAL CONDITIONS SPECIAL CONDITIONS CONTRACT 23-29 BUILDING DEMOLITIONS SP-1 BID OPENING The bid opening for Contract 23-29 will be held in Room 310 of City Hall. Also, please note, public access to Contract 24-02's bid opening will also be handled through Zoom. To join Contract 23-29's bid opening through Zoom, please copy and paste this link into your web browser: https://oshkoshwi- gov.zooi-n.us/ /89922633624?12wd=Y3ZYdDVVUIP,i"drn91U2VOekVZNDZ5 T09 The meeting ID for this Bid opening is 899 2263 3624. The meeting passcode is 286392. If you wish to join by telephone, please call 1-312-626-6799. To join from a mobile device, enter 1-301-715-8592„ 89922633624#.... '286392#. SP-2 GENERAL ENGINEER shall be understood to mean AECOM of Green Bay, Wisconsin. SP-3 PROJECT DESCRIPTION This Project involves four (4) Work Units: Work Unit A — Ouarry Park Shelter Building consists of the following elements: installation and removal of erosion control features; demolition of the existing buildings; removal of existing gravel, concrete, and asphalt pavement; removal of existing light poles; removal of existing water, gas, sanitary, and electrical services; placement of controlled fill; placement of topsoil fill; and restoration and seeding of disturbed areas. Work Unit B — Sanitation Garage Building consists of the following elements: installation and removal of erosion control features; demolition of the existing buildings; removal of existing gravel, concrete, and asphalt pavement; removal of existing water, sanitary, and electrical services; placement of topsoil fill; and restoration and seeding of disturbed areas. Page 1 of 25 Work Unit C — Quarry Park Vault Structures consists of the following elements: installation and removal of erosion control features; stripping and stockpiling topsoil; removal and replacement of manhole structures; disposal of excess excavated soil; installation of salvaged topsoil; and restoration and seeding of disturbed areas. This Work Unit will be included as an Alternate Bid Item. CONTRACTOR should be aware the Project is located on an existing landfill. CONTRACTOR shall not over -excavate beyond the grades and elevation shown on the Drawings and shall avoid disturbing the existing cap. Work Unit D — East 811, Avenue Waste Pile consists of the following elements: installation and removal of erosion control features; removal and disposal of existing waste pile; placement of topsoil fill; and restoration and seeding of disturbed areas. This Work Unit will be included as an Alternate Bid Item. SP-4 COMPLETION AND LIQUIDATED DAMAGES It is anticipated the award of this work will be on Tuesday, December 12, 2023. Prior to starting work, the CONTRACTOR shall have all of the necessary Contract documentation completed and submitted to the CITY, and have the Notice to Proceed in hand. It is anticipated the CONTRACTOR will be able to start construction work on Monday, December 18, 2023. The substantial completion of this Project shall be completed by Friday, June 28, 2024. 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. All completion time frames set for each specific Project segment will also be required to be met. Liquidated damages shall be applied to each separate Project segment, as well as for the completion dates set for substantial completion of the Project. The CITY will take acceptance of the sites when all work is completed u1 accordance with the Contract Documents and all plants are established and growmg. Page 2 of 25 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, as defined in Section 100.45 of the current edition of the CITY SPECIFICATIONS to the CONTRACTOR if the completion schedule for this Contract is not met. 1. Street Right -of -Way Work For individual streets that include substantial utility relay and street reconstruction, the CONTRACTOR shall schedule the work according to the time frames and/or specific completion dates set forth within these Specifications. It will be necessary for the CONTRACTOR to obtain written approval from the ENGINEER to vary from these schedule requirements. The time lines below include completion of all work including restoration and opening to traffic: Construction Windows for Work Within the Right -of -Way (see also Section SP-8): Work Unit A — Ouarry Park Shelter Building Florida Avenue • Construction Window = Two (2) Consecutive Weeks. • All work, including removal of utilities, demolition of pavement, and restoration, must be completed within the Construction Window, and the section must be fully opened up to traffic. Work Unit B — Sanitation Garage Building Michigan Street and West 41h Avenue • Construction Window = Two (2) Consecutive Weeks. Page 3 of 25 • All work, including removal of utilities, demolition of pavement, and restoration, must be completed within the Construction Window, and the section must be fully opened up to traffic. The sequence of utility construction may be non-standard in order to meet the proposed time frames and to maintain existing service. It is anticipated multiple crews will be necessary to meet the Construction Windows. 2. Additional Work Items The CONTRACTOR shall note that work schedules and Project plans for non -street Project items are likewise essential work and that variation by the CONTRACTOR from approved CONTRACTOR -submitted plans or within projected schedules by the CONTRACTOR 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, as defined in Section 100.45 of the current edition of the CITY SPECIFICATIONS, to the CONTRACTOR for conditions defined within the Specifications and for the item listed below: • Failure to maintain compliance with required Plan Documents, that have had ENGINEER approval, shall be subject to liquidated damages. Any deviations not pre -approved may be considered non -compliant and subject to liquidated damages. Required Plan Documents include, but are not limited to, the following: Project schedule, traffic control plan, site dewatering, and erosion control plan. 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 wl-dch the CITY will suffer by reason of such default. The CITY shall be fully authorized and empowered to deduct and retail 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 Page 4 of 25 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. SP-5 PROJECT PERMITS Work Unit — Quarry Park Shelter Building: CONTRACTOR is required to apply for and receive the following permits prior to the commencement of construction: • Plumbing Permit • City of Oshkosh Demolition Permit • State of Wisconsin Asbestos Removal Notification The CONTRACTOR shall comply with all provisions contained within the issued permits. CONTRACTOR shall post copies of all local, State, and Federal permits applicable on each site. The CONTRACTOR is responsible for obtaining any other permits required to complete the work. Work Unit B — Sanitation Garage Building: The following permit for site work will be applied for and received prior to the commencement of construction: • Wisconsin Department of Natural Resources Permit Coverage under General Permit to Discharge Construction Site Storm Water Runoff CONTRACTOR is required to apply for and receive the following permits prior to the commencement of construction: • Plumbing Permit • City of Oshkosh Demolition Permit • State of Wisconsin Asbestos Removal Notification Page 5 of 25 The CONTRACTOR shall comply with all provisions contained within the issued permits. CONTRACTOR shall post copies of all local, State, and Federal permits applicable on each site. The CONTRACTOR is responsible for obtaining any other permits required to complete the work. Work Unit C — Quarry Park Vault Structures: Permits are not anticipated for this work. However, the CONTRACTOR is responsible for obtaining any permits required to complete the work. Work Unit D — East 81h Avenue Waste Pile: Permits are not anticipated for this work. However, the CONTRACTOR is responsible for obtaining any permits required to complete the work. For all Work Units, the CITY will pay the permit fees for City of Oshkosh permits. SP-6 SCOPE OF WORK The work under this Contract includes: Work Unit A — Ouarry Park Shelter Building_ 1. Installation, maintenance, and removal of required Project erosion control elements, including silt fencing, inlet protections, and tracking pad, as well as site safety measures. 2. Clearing of grass, and stripping and stockpiling topsoil. 3. Demolishing, loading, and disposing of existing water, gas, sanitary, and electrical service lines (spoils become property and responsibility of CONTRACTOR); and replacing asphalt pavement, following CITY SPECIFICATIONS. 4. Removal of existing light poles. 5. Demolishing, - loadung, and disposing of existing building (spoils become property and responsibility of CONTRACTOR). 6. Demolishing, loading, and disposing of existing gravel, concrete, and asphalt pavement (spoils become property and responsibility of CONTRACTOR). Page 6 of 25 7. Installation and finish grading of topsoil to final design grade elevations. 8. Restoration of disturbed areas, including Hydraulically -Applied Erosion Control Product, vegetative seeding, and fertilizer. Work Unit B - Sanitation Garage Building_ 1. Installation, maintenance, and removal of required Project erosion control elements, including silt fencing, inlet protections, and tracking pad, as well as site safety measures. 2. Clearing of grass, and stripping and stockpiling topsoil. 3. Demolishing, loading, and disposing of existing water, sanitary, and electrical service lines (spoils become property and responsibility of CONTRACTOR); and replacing asphalt pavement, following CITY SPECIFICATIONS. 4. Demolishing, loading, and disposing of existing building (spoils become property and responsibility of CONTRACTOR). 5. Demolishing, loading, and disposing of existing gravel, concrete, and asphalt pavement (spoils become property and responsibility of CONTRACTOR). 6. Installation and finish grading of topsoil to final design grade elevations. 7. Restoration of disturbed areas, including Hydraulically -Applied Erosion Control Product, vegetative seeding, and fertilizer. Work Unit C — Quarry Park Vault Structures: 1. Installation, maintenance, and removal of required Project erosion control elements, including straw wattles, inlet protections, and tracking pad, as well as site safety measures. 2. Clearing of grass, and stripping and stockpiling topsoil. 3. Removal and replacement of manholes (spoils become the property and responsibility of CONTRACTOR). 4. Disposal of excess excavated soil in accordance with all applicable regulations (spoils become the property and responsibility of CONTRACTOR). 5. Installation of salvaged topsoil. 6. Restoration of disturbed areas, including Hydraulically -Applied Erosion Control Product, vegetative seeding, and fertilizer. Page 7 of 25 Work Unit D — East 8th Avenue Waste Pile: 1. Installation, maintenance, and removal of required Project erosion control elements, including silt fencing, inlet protections, and tracking pad, as well as site safety measures. 2. Removal and disposal of existing waste pile in accordance with all applicable regulations (spoils become the property and responsibility of CONTRACTOR). 3. Installation and finish grading of topsoil to final design grade elevations. 4. Restoration of disturbed areas, including Hydraulically -Applied Erosion Control Product, vegetative seeding, and fertilizer. A key element to this Project will be the CONTRACTOR's ability to successfully schedule the work to meet the various completion deadlines. SP-7 NOTES TO BIDDERS As stated in Section 100.10.1 of the current edition of the CITY SPECIFICATIONS, CONTRACTOR shall furnish a Bid Bond, Performance Bond, and Payment Bond on forms provided by the CITY. All questions regarding the Project are to be submitted to AECOM via e-mail to Jeremy Thomas (jeremy.thomas@aecom.com) by 5:00 p.m. on Wednesday, November 29, 2023. The subject line of the e-mail shall include "Contract 23-29". Interpretation or clarifications considered necessary by the CITY in response to such questions will be issued via an Addendum. Only responses issued in writing via an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Bidders may access sites during bidding from CITY -owned parcels. Bidders shall stay within the designated CITY right-of-way or proposed Project area. Subsurface investigation activities by the CONTRACTOR will not be allowed. SP-8 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 23-29: • The timelines for completion of all work, including restoration and all streets opening to traffic, are contained in Section SP-4. Page 8 of 25 • CONTRACTOR should identify periods of traffic restrictions on the Project schedule at Project initiation. • A minimum of one (1) ten -foot (10') lane must be maintained at all times on Florida Avenue, Michigan Street, and West 4th Avenue. • Access for local residents and businesses must be maintained at all times. • CONTRACTOR must allow a minimum ten -foot (10') wide emergency vehicle access at all times, unless approved otherwise by the ENGINEER. Additional traffic maintenance requirements applicable to the Project are listed below: • The CONTRACTOR shall prepare and submit a traffic control lane closure and signing plan following requirements of the current edition of the Manual on Uniform Traffic Control Devices and applicable current editions of Wisconsin Department of Transportation Standard Detail Drawings. CONTRACTOR shall submit the traffic control lane closure and signing to ENGINEER for approval. • The CONTRACTOR shall be required to provide message boards one (1) week prior to starting the right-of-way work Construction Windows listed in Section SP-4. Message boards shall be, at a minimum, clean, professionally made and printed, and made with reflective materials. • No storage of material or equipment shall- be allowed outside of the Project limits unless approved by CITY. • CONTRACTOR shall provide a twenty-four (24) hour emergency contact. SP-9 CONTRACTOR PARKING/MATERIAL STAGING AREA CONTRACTOR is required to coordinate with the CITY any locations required for parking staff vehicles, equipment 'staging, or material staging needs. CONTRACTOR will be responsible for any and all damages or restoration requirements to any of these areas. No parking of vehicles or equipment will be allowed on perimeter arterial streets outside of construction limits unless approved by CITY. SP-10 DESIGNATED HAUL ROUTES The following routes, in addition to the CITY's Designated Truck Routes Map, have been determined to be designated haul routes for the Project: Page 9 of 25 1. Primary Haul Route: Work Unit A — Quarry Park Shelter Building A. CONTRACTOR shall enter and exit the site from Florida Avenue. B. CONTRACTOR shall use Florida Avenue and Knapp Street for a primary haul route. CONTRACTOR shall travel westward on Florida Avenue, then north on Knapp Street to the intersection with South Park Avenue. From this intersection, CONTRACTOR shall utilize the CITY's designated haul route as defined in the current edition of the CITY SPECIFICATIONS. C. The use of Florida Avenue to the east of the site and the use of Knapp . Avenue south of the site for construction traffic is not allowed without prior written approval by the ENGINEER. 2. Primary Haul Route: Work Unit B — Sanitation Garage Building A. CONTRACTOR shall enter and exit the site from Michigan Street or West 41h Avenue. B. CONTRACTOR shall use Michigan Street and West 41h Avenue for a primary haul route. CONTRACTOR shall travel southward on Michigan Street, then westward on West 41h Avenue to the intersection with Ohio Street. From this intersection, CONTRACTOR shall utilize the CITY's designated haul route as defined in the current edition of the CITY SPECIFICATIONS. C. The use of Michigan Street north of the site and the use of West V, Avenue east of the site for construction traffic is not allowed without prior written approval by the ENGINEER. 3. Primary Haul Route: Work Unit C — Quarry Park Vault Structures A. CONTRACTOR shall enter and exit the site from Florida Avenue or Knapp Street. B. CONTRACTOR shall use Florida Avenue and Knapp Street for a primary haul route. CONTRACTOR shall travel westward on Florida Avenue, then north on Knapp Street to the intersection with South Park Avenue. From this intersection, CONTRACTOR shall utilize the CITY's designated haul route as defined in the current edition of the CITY SPECIFICATIONS. C. The use of Florida Avenue to the east of the site and the use of Knapp Avenue south of the site for construction traffic is not allowed without prior written approval by the ENGINEER. 4. Primary Haul Route: Work Unit D — East 8th Avenue Waste Pile A. CONTRACTOR shall enter and exit the site from East 8th Avenue. Page 10 of 25 B. CONTRACTOR shall use South Main Street for a primary haul route. CONTRACTOR shall travel westward on East 81h Avenue to the intersection with South Main Street. From this intersection, CONTRACTOR shall utilize the CITY's designated haul routes as defined in the current edition of the CITY SPECIFICATIONS. C. The use of East 91h Avenue south of the site for construction traffic is not allowed without prior written approval by the ENGINEER. SP-11 SUBMITTALS The Project -required submittals include, but are not limited to, the following: suppliers, subcontractors, manufacturers, construction schedule, shop drawings, substitutions, product data, samples, test data, and operation and maintenance data. 1. Work Unit A — Ouarry Park Shelter Buildine: A. Asphalt Pavement and Base B. Health and Safety Plan C. Seed Mix D. Hydraulically -Applied Erosion Product E. Fertilizer 2. Work Unit B — Sanitation Garaze Buildine: A. Asphalt Pavement and Base B. Health and Safety Plan C. Seed Mix D. Hydraulically -Applied Erosion Product E. Fertilizer 3. Work Unit C — Ouarry Park Vault Structures: A. Seed Mix B. Hydraulically -Applied Erosion Product C. Fertilizer D. Manhole Structures 4. Work Unit D — East 81h Avenue Waste Pile: A. Seed Mix B. Hydraulically -Applied Erosion Product C. Fertilizer Page 11 of 25 Submittals shall be sequentially numbered. Revised submittals shall contain an alphabetical letter following the original number, identifying it as a revision to an earlier submittal package. The following information is required for inclusion on the submittal transmittal letter; date of submittal and dates of previous submittals; Project title and number; submittal number; names of contractor/supplier/manufacturer; identification of product/equipment/material and applicable Specification Section number; and variation from Contract requirements. Submittal of substitutions must be clearly indicated along with the above -referenced data. ENGINEER has set a goal of twenty-eight (28) days for review of submittals after submittals are received in ENGINEER's office. Each re - submittal shall have the same review times. CONTRACTOR shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than two (2) submittals. ENGINEER will record ENGINEER's time for reviewing subsequent submittals of shop drawings, samples, or other items requiring approval and CONTRACTOR shall reimburse CITY for ENGINEER's charges for such time. In the event CONTRACTOR requests a change of a previously - approved item, CONTRACTOR shall reimburse CITY for ENGINEER's charges for its review time, unless the need for such a change is beyond the control of the CONTRACTOR. SP-12 SITE SECURITY AND SAFETY 1 he CONTRACTOR is responsible for site security and site safety. The CITY shall not assume liability for breaches of security on the CONTRACTOR's Work Area. It is the CONTRACTOR's responsibility to secure its construction materials, tools, and equipment. The CITY is not responsible for providing security services, and is not responsible for any loss, theft, or damage to any equipment/material within the CONTRACTOR's Work Area. 1. Execution A. Before construction operations begin, CONTRACTOR shall submit a site security plan that will prevent people and animals from easily entering site except by ingress/egress construction locations. Page 12 of 25 2. Removal A. Remove site security measures upon substantial completion of the Project or as directed by the CITY or ENGINEER. Repair damaged Work, clean exposed surfaces, and replace construction damage that cannot be satisfactorily repaired. 3. Payment A. Site security measures are considered incidental to the overall Project. SP-13 EXCESS SOIL Work Unit C — Quarry Park Vault Structures includes the excavation and placement of fill material, as required, for completing the proposed removal and replacement of the vault structures. Materials shall be managed on site to complete construction of all aspects of the Project to the lines and grades shown on the Construction Drawings. Excess material from the Project shall become property of CONTRACTOR and disposed of offsite at a landfill. CONTRACTOR is required to obtain all necessary agreements and permits for any material disposal sites used by CONTRACTOR for the Project. The cost of necessary agreements and permits for disposing the material offsite shall be considered incidental to the Project. The ENGINEER's estimate for total estimated excess material is listed below. All disposal locations shall be identified during the preconstruction meeting. CONTRACTOR is to provide correspondence records, location, property owner contact information, and copy of all required permits to the ENGINEER two (2) weeks prior to disposing of any fill. Any changes in the disposal location(s) need to be pre -approved by the CITY. ENGINEER's Common Excavation/Excess Material Estimate: The excess soil hauling quantity is estimated to be approximately. five (5) cubic yards per structure. The material from the excavation shall become property of CONTRACTOR and disposed of offsite. Excavation, hauling, and disposal of excess soil is considered incidental to the cost of Bid Item #3991-1 — Remove and Replace Wellhead, Valve, and Bulkhead Manholes. Page 13 of 25 Work Unit D — East 811, Avenue Waste Pile includes excavation, material processing, loading, and hauling of the pile located at East 8t'' Avenue. All work will conform to the requirements of Section 1250 of the current edition of the CITY SPECIFICATIONS. The ENGINEER's estimate for total estimated excess material is 2,100 tons. All disposal locations shall be identified during the preconstruction meeting. CONTRACTOR is to provide correspondence records, location, property owner contact information, and copy of all required permits to the ENGINEER two (2) weeks prior to disposing of any fill. Any changes in the disposal location(s) need to be pre -approved by the CITY. SP-14 PLACEMENT OF FILL MATERIAL Place fill material to the lines, dimensions, and elevations as shown on the Construction Drawings. Where native materials are allowed for backfill, the material shall be placed and compacted. The CITY will provide controlled fill and topsoil material to the CONTRACTOR for stockpiles which are present at the locations shown in the Drawings. If the CONTRACTOR utilizes these stockpiles, they will be responsible for erosion control measures and restoration of the stockpiles to a condition acceptable to the CITY. 1. Materials A. Controlled Fill (Restoration Area): 1. Fill material shall be clay provided by the CITY or shall meet the following requirements: a. Non -organic natural soils classified as CL in Unified Soil Classification System. b. Liquid Limit: ASTM D-4318, 16 or greater and less than 50. c. Plasticity Index: ASTM D-4318, 7 or greater. d. Frozen backfill material shall not be used. e. Any controlled fill material withal fill areas with rocks greater than six inches (6") in diameter will be rejected and will not be classified as CL material. Controlled fill materials with rocks up to two inches (2") in diameter may be classified as CL material. f. ENGINEER will determine acceptability of controlled fill material. Page 14 of 25 2. Construction A. Examine surfaces to receive fill to determine existence of areas loosened by frost action, softened by flooding or weather, or of unsuitable materials. B. Undercutting of unsuitable soils may be required. ENGINEER shall be notified of unsuitable soils when encountered. ENGINEER will determine extents of undercutting as necessary. C. Fill settled areas where excavations were backfilled and holes made by demolition, tree removal, and site preparation work. D. Natural soils or compacted fill softened by frost, flooding, or weather shall be removed, replaced, and compacted. E. Non-native soils (fill material) encountered shall be removed and replaced with controlled fill material. F. Proof roll areas to receive fill material to detect soft or loose zones prior to placing fill. Remove and replace soft or loose zones with fill material as designated for area. G. Keep construction site free draining. H. Plow, step, or bench slopes steeper than 1 vertical to 4 horizontal. I. Disc level surfaces to aid in drying. 3. Fill Usage A. Controlled Fill: Restoration Area. 4. Excavation A. Stockpile locations of material suitable for fill shall be approved by ENGINEER. Place no fill where trenches for sewers, underdrains, water lines, or other utilities will be located. B. Dispose of excess material in accordance with these Specifications. C. Rough grade areas within grading limits and areas that are disturbed to achieve lines and grades indicated on Construction Drawings, with allowance for thickness of pavements, sidewalks, and topsoil. 5. Placing Fill A. Conform to requirements of Section 100.69 of the current edition of the CITY SPECIFICATIONS for areas of structural fill. B. Conform to requirements of these Specifications and Section 2900 of the current edition of the CITY SPECIFICATIONS for clay liner construction. Page 15 of 25 SP-15 WELLHEAD, CONDENSATE BULKHEAD, AND VALVE PRECAST MANHOLES 1. Comply with requirements contained h-i Section 3100 of the current edition of the CITY SPECIFICATIONS. 2. In Section 3100 of the current edition of the CITY SPECIFICATIONS, Section 3100.2.5.2 shall be revised as follows: Manhole frames and covers shall be Neenah R-1710 frames with a solid Type B cover, with locking cover and concealed pick holes. The word "SANITARY" shall NOT be cast into the cover. Frames and covers are to be supplied by the CONTRACTOR. 3. In Section 3100 of the current edition of the CITY SPECIFICATIONS, Section 3100.2.5.3.C.6 shall be revised as follows: Cover and lid shall be twenty-two inches (22") diameter and one and one-half inches (11/2") thick at outside edge, with indented top design. The word "SANITARY" shall NOT be cast into the cover. 4. The following are considered incidental to the cost of Bid Item #C3991 — Remove and Replace Wellhead, Valve, and Bulkhead Manholes: installation and removal of necessary erosion control elements, including silt fencing, inlet protections, and tracking pad; stripping and stockpiling of topsoil; excavation, hauling, and disposal of excess excavated soil; installation of salvaged topsoil; and restoration of disturbed areas, including Hydraulically -Applied Erosion Control Product, vegetative seeding, and fertilizer.. All incidental items shall comply with the current edition of the CITY SPECIFICATIONS SP-16 UTILITY SERVICE LINE REMOVAL AND RESTORATION 1. Comply with sanitary sewer removal requirements contained in Section 3800 of the current edition of the CITY SPECIFICATIONS. 2. Comply with water main removal requirements contained in Section 4900 of the current edition of the CITY SPECIFICATIONS. Page 16 of 25 3. Comply with trench backfill requirements contained in Section 100.61 of the current edition of the CITY SPECIFICATIONS. 4. Comply with restoration requirements contained in Section 100.62 of the current edition of the CITY SPECIFICATIONS. SP-17 UTILITIES Several underground and overhead utilities are known to exist within the Florida Avenue, Michigan Street, and West 4th Avenue right-of-ways of the four (4) Work Units. Work Unit A — Quarry Park Shelter Building: Utilities may include CITY storm and sanitary sewers, water, and electrical conduit; and Wisconsin Public Service (WPS) [electrical and gas]. Buried utilities may be extremely shallow with respect to proposed pavement and sidewalk surfaces. The CONTRACTOR shall complete a utility locate survey and coordinate/cooperate with the various utilities in the completion of the Contract and utility work. The CONTRACTOR shall anticipate this work in the Project schedule. Work Unit B — Sanitation Garage Building_ Utilities may include CITY storm and sanitary sewers, water, and electrical conduit; and WPS (electrical). Buried utilities may be extremely shallow with respect to proposed pavement and sidewalk surfaces. The CONTRACTOR shall complete a utility locate survey and coordinate/cooperate with the various utilities in the completion of the Contract and utility work. The CONTRACTOR shall anticipate this work in the Project schedule. Work Unit C — Quarry Park Vault Structures: Utilities may include CITY storm- and sanitary sewers, water, and electrical conduit; and WPS (electrical and gas). Buried utilities may be extremely shallow with respect to proposed pavement and sidewalk surfaces. The CONTRACTOR shall complete a utility locate survey and coordinate/cooperate with the various utilities in the completion of the Contract and utility work. The CONTRACTOR shall anticipate this work in the Project schedule. Page 17 of 25 Work Unit D — East 811, Avenue Waste Pile: No known underground utilities are present near the waste pile. The CONTRACTOR shall complete a utility locate survey and coordinate/cooperate with the various utilities, if required, in the completion of the Contract and utility work. The CONTRACTOR shall anticipate this work in the Project schedule, if necessary. The known 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. The CONTRACTOR shall work around the facilities and support them, as necessary, to complete the 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-18 BUILDING DEMOLITION Demolition of existing buildings in Work Unit A — Ouarry Park Shelter Building and Work Unit B — Sanitation Garage Building shall comply with requirements as discussed below and as shown on the Construction Drawings. 1. General A. Section includes: 1. Preparation. 2. Selective Demolition. 3. Demolition of structures and removal of materials from site. 4. Demolition of foundations. 5. Onsite concrete crushing and aggregate storage. 6. Backfill basement areas and depressions. B. References 1. Wisconsin Administrative Code NR 447, Control of Asbestos Emissions. 2. Title 29 CFR 1926.1101, Asbestos. 3. Title 29 CFR 1926 Subpart T, Demolition. 4. COMM 47. C. Measurement and Payment 'L Lump sum, in accordance with Base Bid. 2. CONTRACTOR shall have salvage rights to. all materials. Page 18 of 25 D. Project Record Documents 1. Accurately record actual locations of capped utilities, and subsurface obstructions. Submit to CITY upon Project completion. 2. Provide disposal receipts for any and all material disposed or recycled. E. Qualifications 1. Demolition Firm: Company specializing in performing the Work of this Section with minimum five (5) years experience. F. Regulatory Requirements 1. Conform to applicable Federal, State, and local codes for demolition of structures, safety of adjacent structures, dust control, runoff control, and disposal. This requirement shall include a pre -demolition survey conducted by a competent person (documented in accordance with Title 29 CFR 1926 Subpart T). 2. Obtain required permits from State, Federal, and local authorities. CONTRACTOR solely responsible for complying with all permit requirements. 3. Notifyaffected utility companies before starting work and comply with their requirements. Verify that all utilities have been disconnected, capped, or otherwise controlled, at or outside the buildings. 4. Do not close or obstruct roadways, sidewalks, and hydrants without permits. 5. Conform to applicable regulatory procedures if hazardous or contaminated materials are discovered. G. Scheduling 1. Submit demolition removal procedures and schedule to CITY and ENGINEER. 2. Products A. Fill Materials 1. Fill Material: Shall be CITY -provided clay. 2. Construction debris consisting of crushed concrete and masonry only, as approved by ENGINEER. 3. Execution A. Preparation 1. Provide, erect, and maintain temporary barriers and security devices. 2. Make available onsite crusher for concrete and masonry materials. 3. Condition of structures: The CITY and ENGINEER assumes no responsibility for the actual condition of the structure to receive Page 19 of 25 selective demolition. Conditions existing at the time of CONTRACTOR's inspection for bidding purposes will be maintained insofar as is practicable. 4. Protect existing landscaping materials, appurtenances, and structures which are not to be demolished. Sever all ties with adjacent building which is to remain, including roof flashing, rain gutters, piping, and conduits. 5. CONTRACTOR responsible for structural integrity of adjacent structure. 6. Prevent movement or settlement of adjacent structures. Provide bracing and shoring, as needed. Cease operations and notify ENGINEER immediately if adjacent structures appear to be in danger. 7. Mark location of utilities. CONTRACTOR responsible for locating and monitoring all utilities and disconnecting service. B. Selective Demolition 1. Remove materials and building components not acceptable to landfill, includes fluorescent light fixtures, sodium light fixtures, electric transformers, mercury switches, and other potentially hazardous material containing items. Dispose or recycle materials properly in accordance with applicable regulatory requirements. Provide receipt to ENGINEER. 2. CONTRACTOR has salvage rights to all materials. C. Demolition of Structures and Removal of Materials from Site 1. Conduct demolition to minimize interference with adjacent structures. 2. Crush concrete and masonry as necessary, or as determined by ENGINEER. 3. Cease operations immediately if adjacent structures appear to be in danger. Notify CITY and ENGINEER. Do not resume operations until directed. 4. Conduct operations with minimum interference to public or private accesses. 5. Obtain written permission from adjacent property owners when demolition equipment will traverse, infringe upon, or limit access to their property. 6. Disconnect, cap, and identify utilities (if any) within demolition areas. Mark location of disconnected utilities. Page 20 of 25 7. Notify ENGINEER and CITY if additional presumed asbestos - containing material is discovered during demolition. If it cannot be safely removed prior to demolition, comply with applicable portions of NR 447.08 and 29 CFR 1926.1101. 8. Notify ENGINEER and CITY if any type of hazardous chemicals, gases, explosives, or other dangerous substances are encountered. 9. Minimize dust generated during performance of work. Provide necessary water hoses and connections for this purpose. Erect debris chutes, as "necessary, to minimize dust. 10. Promptly remove demolished materials from site. Transport to landfill suitable for demolition waste. D. Demolition of Foundations 1. Remove all foundation walls and footings. 2. Remove concrete slabs on grade. 3. Backfill depressed areas with fill material (see Paragraph 2.A.1 above) to within six inches (6") of the proposed grade. Place the fill material in layers of twelve inches (12") or less and compact to not less than 95% of the modified Proctor maximum dry density (ASTM D-1557). Testing to be performed by the ENGINEER, if requested by CITY. 4. Grade areas affected by demolition to promote natural drainage. Finished site shall meet grades of surrounding properties, sidewalks, and parking areas. 5. Seed, fertilize, and mulch in accordance with of the current edition of the CITY SPECIFICATIONS. 6. Do not burn or bury materials on site. Leave site in clean condition. E. Asbestos -Containing Material 1. Conform to applicable Federal, State, and local codes for handling asbestos -containing materials, dust control, and disposal. 2. Obtain required permits from State, Federal, and local authorities. CONTRACTOR solely responsible for complying with all permit requirements. 3. Asbestos evaluations that were conducted at the sites is included in the reports listed below. The asbestos, evaluations are provided as "technical data" for use by the CONTRACTOR. The CONTRACTOR is responsible for any interpretation or conclusion the CONTRACTOR draws from any "technical data" or any other data, interpretations, opinions, or information contained in the evaluation for each site. 4. All asbestos abatement shall be the responsibility of the CONTRACTOR. Page 21 of 25 5. The asbestos report indicated the roofs are non -friable. Torches cannot be used to remove the roofs. The use of shearer is permitted. 6. CONTRACTOR to review 925 Florida Ave. Oshkosh, WI Pre -Demolition Asbestos Inspection dated July 5, 2023 and 504 W 411, Ave. Oshkosh, WI Pre - Demolition Asbestos Inspection - amended dated July 20, 2023, which are included as part of these Specifications. SP-19 SITE RESTORATION All disturbed areas shall receive a temporary soil stabilization, such as a hydraulically -applied erosion control product, to prevent erosion during the winter season. Erosion mats shall not be used. Once spring planting season begins, CONTRACTOR shall install No Mow Fescue Seed Mix via hydroseeding. Comply with restoration requirements contained in Section 2600 of the current edition of the CITY SPECIFICATIONS. SP-20 WASTE PILE REMOVAL CONTRACTOR shall remove and dispose of the waste pile located between East 811, Avenue and East 91h Avenue, and west of South Main Street, as shown on the Drawings, as part of Alternate.2 — Work Unit D/East 81h Avenue Waste Pile. The volume of waste is approximately 1,270 cubic yards. The waste pile is anticipated to consist of miscellaneous demolition debris, including concrete and metal, as well as soil. The materials are primarily the remaining materials from a historic crushing operation at the site. CONTRACTOR shall assist the CITY in the collection of samples for waste profiling. Waste shall be profiled and disposed of in accordance with all applicable Federal, State, and local regulations. SP-21 BID ITEMS The CONTRACTOR will be paid based on actual, installed quantities only and no adjustments in unit prices will be made for any increases or decreases of quantity installed. CONTRACTOR is responsible for verifying take -off quantity for bidding purposes. Only verified -in -place quantities will be paid per Bid Item unit rate in accordance with the current version of the. CITY SPECIFICATIONS. Page 22 of 25 Work Unit A — Quarry Park Shelter Building: 1. Bid Item #A1150 —Building Demolition A. Disposal of removed items is incidental to this Bid Item. B. See Section SP-18 for requirements. C. Bid Item #A1150 shall be paid as a Lump Sum. 2. Bid Item #A1160 — Utility Service Removal A. Disposal of removed items is incidental to this Bid Item. B. See Section SP-17 for requirements. C. Bid Item #A1160 shall be paid as a Lump Sum. 3. Bid Item #A1170 — Light Pole Removal A. Disposal of removed items is incidental to this Bid Item. B. Bid Item #A1170 shall be paid per each. 4. Bid Item #A2937 — Furnish and Install Clay Dams A. This Bid Item shall be utilized for the utility removals, as shown on the Construction Drawings, B. Bid Item #A2937 shall be paid per each. Work Unit B — Sanitation Garage Building: 1. Bid Item #B1150 —Building Demolition A. Disposal of removed items is incidental to this Bid Item. B. See Section SP-18 for requirements. C. Bid Item #B1150 shall be paid as a Lump Sum. 2. Bid Item #B1160 —Utility Service Removal A. Disposal of removed items is incidental to this Bid Item. B. See Section SP-17 for requirements. C. Bid Item #B1160 shall be paid as a Lump Sum. 3. Bid Item #B2937 — Furnish and Install Clay Dams A. This Bid Item shall be utilized for the utility removals, as shown on the Construction Drawings. B. Bid Item #B2937 shall be paid per each. Page 23 of 25 SP-22 ALTERNATE BID ITEMS The Alternate Bid Items listed in the Proposal are listed as "optional" in the Bid Worksheet on QuestCDN.com. QuestCDN.com will allow a contractor's bid to be entered without any prices entered for the Alternate Bid Items. CONTRACTORS shall note any bids received without prices entered for the Alternate Bid Items will be determined to be non -responsive by the CITY and the Bid shall be rej ected. ALTERNATE 1: Work Unit C — Ouarry Park Vault Structures 1. If the CITY selects Alternate 1, Bid Items #C1050-1, #C2518-1, and #C3991-1 will be added to the Contract. 2. Bid Item #C3991-1 — Remove and Replace Wellhead Valves and Bulkhead Manholes A. See Section SP-15 for requirements. B. Bid Item #C3991-1 shall be paid per each. ALTERNATE 2: Work Unit D — East 811, Avenue Waste Pile 1. If the CITY selects Alternate 2, Bid Items #D1050-2 through #D2644-2 will be added to the Contract. 2. Bid Item #D1225-2 — Remove and Dispose of Waste Pile A. This Bid Item includes the cost of excavating, loading, hauling, and disposing of the waste pile. B. See Section SP-20 for requirements. C. Bid Item #D1225-2 shall be paid per ton. SP-23 ADDITIONAL INFORMATIONAL FILES Bid Set CAD Data The existing and proposed surface models have been exported from the Project Bid Set CAD Files, utilizing LandXML transfer protocols, and are available for download to be utilized for bidding purposes only. Page 24 of 25 CAD Data Conditions of Use Agreement By downloading this Bid package, the Bidder agrees with this ' CAD Data Conditions of Use Agreement: The CAD data electronic files of the surface models from the Bidding Documents, prepared for the City of Oshkosh, are being provided to the Bidding Contractor solely as an accommodation for the purpose of preparing a proposal to construct the Project, as presented in the bidding Construction Drawings and Specifications. It is acknowledged that only the Bidding Documents are to be relied on for accuracy. The Files are not warranted to be fit for the purpose or intended use, or to be complete, or free from defect. Due to the potential that the information set forth in the Files can be modified by subsequent users, unintentionally or otherwise, or altered by the computer system itself, all indications of City of Oshkosh or its consultants' involvement have been removed from each electronic display. In consideration of the foregoing and by accepting the Files, the Bidding Contractor agrees that: 1. It will not reenter in the Files, or any print made from the Files, any indication of the Files' source of origin; 2. It will be solely responsible for verification of the validity and correctness of the Files (i.e., to check the Files against the Contract Documents); 3. It releases the City of Oshkosh from, and accepts sole responsibility for, any liability or damages arising in any manner from its use of the Files; 4. It acknowledges that the Files are owned by the City of Oshkosh and that the Files, including any portion of the data contained therein, will not be used for any purpose other than stated above, and that it will not otherwise use the Files or data therein for its own profit; and 5. The CAD data files are Land XML Version 1.2 and were generated from AutoDesk Civil 3D 2019 or AutoDesk Civil 3D 2022. The City of Oshkosh is not responsible for compatibility with contractor software. In consideration for the City of Oshkosh's providing the Files, the foregoing premises and conditions are hereby acknowledged and accepted. Page 25 of 25 MATERIALS MANAGEMENT PLAN 925 FLORIDA AVE. OSHKOSH, WI PRE -DEMOLITION ASBSETOS INSPECTION 504 W 4TH AVE. OSHKOSH, WI PRE -DEMOLITION ASSSETOS INSPECTION CONTRACT AND BONDS CONSTRUCTION CONTRACT THIS CONTRACT, made on the day of OF OSHKOSH, party of the first part, hereinafter referred to as the CONTRACTOR, , 2023, by and between the CITY hereinafter referred to as CITY, and (NAME, address), party of the second part, 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 Tlne work to be performed under this CONTRACT shall be commenced and the work completed withal the time limits specified in the Special Conditions and/or CONTRACTOR's Proposal. ARTICLE III. PAYMENT (a) Tlae 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\Trac}' Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 1 of 3 Contract Form 6-21-23.docx ARTICLE IV. STANDARD PROVISIONS The CONTRACTOR agrees in all luring 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 VII. 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 Specification for City of Oshkosh, 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 pertinenf 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 i1 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: Ungineering\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) By: (Specify Title) By: (Specify Title) CITY OF OSHKOSH (Witness) Mark A. Rohloff, City Manager And: (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 IAEngineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 3 of 3 Contract Form_6-21-23.docz 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 Individital _ Partnership — Corporation State of Incorporation SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION 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 1 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 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 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 Incorporation 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 Page 3 of 3