HomeMy WebLinkAbout24-06-concrete sidewalk rehabSPECIFICATIONS
FOR
CITY CONTRACT 24-06
CONCRETE SIDEWALK
(NEW AND REHABILITATIONE
CITY OF OSHKOSH, WISCONSIN
TABLE OF CONTENTS
OFFICIAL NOTICE TO CONTRACTORS
INSTRUCTIONS TO BIDDERS
PROPOSAL
SPECIAL CONDITIONS
CONTRACT AND BONDS
2024 SIDEWALK REHABILITATION PROGRAM MAP
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,
January 15, 2024, through the online bidding service of QuestCDN.com, www.OuestCDN.com,
for the construction of sidewalk 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 24-06 — CONCRETE SIDEWALK (NEW AND REHABILITATION)
Approx. 95,000 sq. ft. of 4" to 8" concrete sidewalk reconstruction
Approx. 5,000 sq. ft. of reconstructed sidewalk (water repairs) outside of rehabilitation area
Approx. 2,500 sq. yds. of 7" to 8" concrete pavement replacement
Approx. 500 sq. yds. of 4" to 5" asphalt driveways
It is the Bidder's sole responsibility to ensure 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 with the Department of Public Works 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, January 4,
2024. 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, January 10, 2024. The City Manager's
decision as to qualifications will be final. Contractors that are prequalified with the City of
Oshkosh for the construction year 2024 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 Specificatims for City of Oshkosh, Wiscombi) will be available at www.questcdn.com
on Tuesday, December 27, 2023. Download the digital plan documents for a non-refundable
fee of $42 (Forty Two Dollars) by inputting Quest Project No. 8897104 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 Wednesday, December 27, 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 u1 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: December 22 and 29, 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.questcdn.com. Free previews
of the Contract Documents are available at
http://qap.questcdn.com/qap/2ro-jects/12r.j browse/ipp pr 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.
IB-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 OFTLANS 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.
I13-6 PROPOSAL FORM
All bids shall be electronically submitted through QuestCDN.com (L/\ .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.
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 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 un 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-ul-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 naive followed by the word, "By
I13-9 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 24-06
CONCRETE SIDEWALK (NEW AND RECONSTRUCTION)
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 Speci 'cations, or 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
BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE
ITEM QTY.
Clearing; complete as Inch
1011 specified Diameter 8 $ $
Grubbing; complete as Inch
1021 specified Diameter 8 $ $
Removing concrete and
asphalt sidewalk and
driveway; complete as Square
1120 specified Feet 87,750 $ $
Page 1 of 10
BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE
ITEM QTY.
7" concrete pavement
removal and replacement;
including sawing, pavement
ties; dowel bars; bond
breaker; integral curb and
fine grading, turf restoration;
and traffic control; complete Square
1308 as specified Yards 1,200 $ $
7" 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
1309 as specified Yards
8" concrete pavement
removal and replacement;
including sawing; pavement
ties; dowel bars; bond
breaker; integral curb and
fine grading, turf restoration;
and traffic control; complete Square
1318 as specified Yards
9" concrete pavement
removal and replacement;
including sawing; pavement
ties; dowel bars; bond
breaker; integral curb and
fine grading; turf restoration;
and traffic control; complete Square
1328 as specified Yards
9" 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
1329 as specified Yards
750 $
450 $
550 $
300 $
$
Page 2 of 10
BID
ITEM
DESCRIPTION
UNIT
EST.
QTY.
BID UNIT PRICE
BID TOTAL PRICE
Adjust manholes and inlets;
1360
complete as specified
Each
10
$
$
Turf restoration; complete as
Square
1370
specified
Yards
300
$
$
Restore gravel driveway/
Square
1372
apron; complete as specified
Yards
150
$
$
Cold weather covering
(concrete pavement) - single
visquine; complete as
Square
1380
specified
Yards
100
$
$
Cold weather covering
(concrete pavement) - double
visquine; complete as
Square
1382
specified
Yards
100
$
$
Cold weather covering
(concrete pavement) - double
visquine with 6" hay;
Square
1384
complete as specified
Yards
100
$
$
Up -charge for late season
cold weather concrete
pavement; complete as
Cubic
1390
specified
Yards
250
$
$
12" radius curb with 6"
CABC and grading;
Linear
1410
complete as specified
Feet
250
$
$
18" concrete curb and gutter
removal and replacement;
including sawing; pavement
ties; dowel bars; bond
breaker; integral curb and
fine grading; turf restoration;
and traffic control; complete
Linear
1428
as specified
Feet
250
$
$
Page 3 of 10
BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE
ITEM QTY.
24" concrete curb and gutter
removal and replacement;
including sawing; pavement
ties; dowel bars; bond
breaker; integral curb and
fine grading, turf restoration;
and traffic control; complete Linear
1438 as specified Feet 250 $ $
30" concrete curb and gutter
removal and replacement,
including sawing; pavement
ties; dowel bars; bond
breaker; integral curb and
fine grading; turf restoration;
and traffic control; complete
Linear
1448
as specified
Feet
500 $
Sidewalk curb; complete as
Linear
1460
specified
Feet
50 $
4" concrete sidewalk with 3"
CABC and grading;
Square
1500
complete as specified
Feet
70,000 $
4" concrete sidewalk with 3"
CABC and grading; water
dept. locations; complete as
Square
1502
specified
Feet
4,850 $
6" concrete sidewalk/
driveway/ramp with 3"
CABC and grading;
Square
1510
complete as specified
Feet
20,000 $
6" concrete sidewalk/
driveway/ramp with 3"
CABC and grading; water
dept, locations; complete as
Square
1512
specified
Feet
1,750 $
8" concrete sidewalk/
driveway/ramp with 3"
CABC and grading;
Square
1520
complete as specified
Feet
2,500 $
Page 4 of 10
BID
ITEM
DESCRIPTION
UNIT
EST.
QTY.
BID UNIT PRICE
BID TOTAL PRICE
Curb ramp detectable
warning field (natural/non-
painted); complete as
Square
1540
specified
Feet
600
$
$
Drilled No. 4 sidewalk tie
bars - deformed; epoxy-
1560
coated; complete as specified
Each
12,000
$
$
Sawing existing pavement;
Linear
1700
complete as specified
Feet
250
$
$
5" asphaltic surface MT with
6" CABC and grading;
Square
1915
complete as specified
Yards
250
$
$
4" asphaltic surface LT with
6" CABC and grading;
Square
1916
complete as specified
Yards
250
$
$
SUBTOTAL SECTION I — CONTRACT 24-06
SECTION I (ITEMS 1011-1916)
E15
Page 5 of 10
CITY CONTRACT 24-06
CCONCRETE SIDEWALK (NEW AND REHABILITATION)
SUBTOTAL SECTION I (ITEMS 1011-1916)
GRAND TOTAL OF CITY CONTRACT 24-06
(ITEMS 1011-1916)
Page 6 of 10
CONTRACT 24-06
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 7 of 10
CONTRACT 24-06
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 Gradilig
❑ 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, Ventilati ig, & Air Conditioning
❑ Painting
❑ Plumbing
❑ Pump Houses & Lift Stations
❑ Roofing
❑ Riverwalk Construction
Miscellaneous
EI
Page 8 of 10
CONTRACT 24-06
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)
❑ IIl. 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)
Q
Page 9 of 10
CONTRACT 24-06
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
an individual trading as
the City of
State of
or
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
Notary Public, or other authorized to administer
Signature
(Title, if any)
day of 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 10 of 10
SPECIAL CONDITIONS
SPECIAL CONDITIONS
CONTRACT 24-06
CONCRETE SIDEWALK (NEW AND REHABILITATION)
SPA BID OPENING
The bid opening for Contract 24-06 will be held in Room 310 of City Hall. Also,
please note that public access to Contract 24-06's bid opening will also be
handled through Zoom.
To join Contract 24-06's bid opening through Zoom, please copy and paste this
link into your web browser:
https://oshkoshwi-
gov zoom us[/845376759067pwd=RDByTVpgTORCazF1M2NPdFZsMW12MOT09
The meeting ID for this Bid opening is 845 3767 5906. The meeting passcode is
848604. If you wish to join by telephone, please call 1-312-626-6799. To join from
a mobile device, enter 1-301-715-8592„ 84537675906#.... *848604#.
SP-2 SCOPE OF WORK
It is the intent of these Specifications to set forth the general requirements of
performance, the type of work desired, and the standards of material and
construction all in accordance with the "Sidewalk Ordinance" of the Municipal
Code of the City of Oshkosh.
Work performed under these Specifications shall be complete in all respects
despite the omission of specific reference to any minor component part. Any
errors or ambiguities shall be reported to the ENGINEER as soon as detected. The
ENGINEER shall answer all questions regarding the intended meaning of the
Specifications, and their interpretation shall be accepted as final.
Approximately ten percent (10%) of the work involves miscellaneous sidewalk
reconstruction and new walk in areas outside the designated rehabilitation area of
the CITY. This includes sidewalk complaints, hazards, and requests.
Approximately seventy percent (70%) of the work involves sidewalk
reconstruction in a designated rehabilitation area of the CITY.
Page 1 of 9
Approximately twenty percent (20%) of the work is seven-inch (7") to nine -inch
(9") concrete street patches at primarily water repair sites.
The rehabilitation area is shown on the maps included near the end of these
Specifications and is divided into three (3) areas.
All work in Area 1 shall be completed before starting Area 2. Area 3 work will
only be completed if funding allows.
The scope of work is as follows:
• Removal and replacement of existing defective sidewalk and driveways.
• Removal and replacement of concrete sidewalk, driveway, and concrete streets
over locations where there have been water main breaks or water service leaks.
CONTRACTOR must keep two (2) ten -foot (10') lanes open to traffic at all times.
SP-3 COMPLETION AND LIQUIDATED DAMAGES
All work in the designated rehabilitation area must be completed by Friday,
October 11, 2024. This includes all clean-up and terrace work.
Permits for utility work are in the process of being applied for. Affected work will
not be allowed to commence until permits have been received. The following list
is a list of the permits that have been applied for and when they are anticipated to
be received:
• VVDNR Construction Site Permit Approval: April 2024.
If the completion time runs beyond Friday, October 11, 2024, 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 Standard Specifications for
City of Oshkosh, Wisconsin (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
Page 2 of 9
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 that 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-4 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 Wednesday, January 10, 2024.
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.
It is anticipated the award of this work will be on Tuesday, January 23, 2024. Work
may not begin before Monday, May 6, 2024, unless approval by the ENGINEER is
granted. 'The order of work shall be as follows:
1. Concrete street patching.
2. Miscellaneous requests and water repair sites (outside of designated
rehabilitation area).
3. Designated rehabilitation area (see enclosed map).
4. Additional miscellaneous water repair sites, complaints, and requests.
The property owners in the designated rehabilitation area will be sent orders
allowing private construction by Friday, May 17, 2024. Work in the designated
rehabilitation area shall not commence until after Friday, May 24, 2024. All work
shall be completed by Friday, October 11, 2024, in the designated rehabilitation
area.
Page 3 of 9
If the CITY adds late -season water patches to the Contract, the completion date for
the late -season water patches will be extended to Friday, October 25, 2024. During
this time, the CONTRACTOR will only be allowed to work on the late -season
water patching. The completion date for all other Contract work shall remain
Friday, October 11, 2024.
SP-6 UNDERGROUND UTILITY LOCATION AND DEPTH
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; Windstream; and TDS
Telecom (TDS)) may be extremely shallow with respect to proposed pavement and
sidewalk surfaces. In some cases, utility relocation may be required in
coordination with the CONTRACTOTs work. The CONTRACTOR shall
coordinate and cooperate with the various utilities in the completion of the
Contract and utility work, especially with the City Electrical Department with
regards to installation of ornamental lighting, conduit, and concrete bases, and
shall anticipate this work in the Project schedule.
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.
The CITY may adjust the proposed location of utilities or require existing utilities
to relocate to avoid conflicts with other utilities.
SP-7 CONCRETE SIDEWALK AND CONCRETE ROAD PATCHES
1. Excavation and Backfilling
A. The cost of all excavation and backfilling (including seeding, fertilizing
and mulching), and the cost of removing all existing brush, bushes, roots,
sod, loam, and black dirt shall be included in the unit cost of the Sidewalk
and/or Curb and Gutter Bid Items (Bid Items #1410 through #1520), as no
extra monies will be paid for these Items. All excavated material will
become the property of the CONTRACTOR, and shall be disposed of at
their expense. Sod and black dirt must be removed from the sidewalk area,
even though grade may not require it.
B. All excavated areas shall be filled with good topsoil to the full depth of
excavation.
Page 4 of 9
C. Backfilling with topsoil for an eighteen -inch (18") strip along the walk, as
specified under Section SP-11, is included in these Items.
D. The City Forestry Division will remove any and all trees and stumps
needed to be removed to construct the sidewalk.
E. The unit cost of the sidewalk shall include the three-inch (3") base material,
as specified in Section 25-56(C) (3) of the "Sidewalk Ordinance".
F. The unit cost of the sidewalk shall also include any erosion control devices
required per the Storm Water Management and Erosion Control / Sediment Plan
(which will be provided in Addendum No. 1), including inlet protection
Type D Modified, ditch checks, stone bags, or any other device required by
the ENGINEER.
2. Bid Item #1370 — Turf Restoration
A. The unit price for this Bid Item shall include all necessary labor, equipment,
and materials to backfill, topsoil, fine grade, fertilize, seed, and mulch. It
will be paid for on a square yard measurement that is acceptably
completed.
B. The CONTRACTOR will be responsible for any backfill, topsoil, seeding,
fertilizing, and mulching within eighteen inches (18") of the new sidewalk
as part of the price bid for sidewalk. Any backfill or turf restoration beyond
eighteen inches (18") as directed by the ENGINEER shall be paid under the
Bid Item #1370, per Section 1500.6.6 of the current edition of the CITY
SPECIFICATIONS. Any terraces damaged by the CONTRACTOR outside
the eighteen -inch (18") threshold, without prior authorization, will be the
responsibility of the CONTRACTOR to topsoil, seed, fertilizer, and mulch,
and no monies will be paid for this restoration.
3. Bid Item #1502 — 4" Concrete Sidewalk with 3" CABC and Grading, Water
Department Locations
A. Any Water Department patches outside of the designated rehabilitation
limits shall be paid for under this Bid Item. The concrete sidewalk
replaced under this Bid Item shall also include turf restoration as per
Section 1500.6.6 of the current edition of the CITY SPECIFICATIONS. The
terracing of the area within eighteen inches (18") of the newly -poured
concrete is incidental to the Bid Item.
Page 5 of 9
B. Any Water Department sidewalk patches within the designated
rehabilitation area of the CITY shall be paid for under Bid Item #1500.
The concrete sidewalk replaced under this Bid Item shall also include turf
restoration as per Section 1500.6.6 of the current edition of the CITY
SPECFICATIONS. The terracing of the area within eighteen inches (18") of
the newly -poured concrete is incidental to the Bid Item.
4. Bid Item #1512 — 6" Concrete Sidewalk Driveway, or Ramp with 3" CABC and
Grading, Water Department Locations
A. Any Water Department patches outside of the designated rehabilitation
limits shall be paid for under this Bid Item. The concrete sidewalk
replaced under this Bid Item shall also include turf restoration as per
Section 1500.6.6 of the current edition of the CITY SPECFICATIONS. The
terracing of the area within eighteen inches (18") of the newly -poured
concrete is incidental to the Bid Item.
B. Any Water Department sidewalk patches within the designated
rehabilitation area of the CITY shall be paid for under Bid Item #1510.
The concrete sidewalk replaced under this Bid Item shall also include turf
restoration as per Section 1500.6.6 of the current edition of the CITY
SPECFICATIONS. The terracing of the area within eighteen inches (18") of
the newly -poured concrete is incidental to the Bid Item.
5. Bid Item #1916 — 4" Asphaltic Surface LT with 6" CABC and Grading
A. This Bid Item may include the following:
1. Asphaltic patches behind the existing concrete walk where concrete
forms were placed.
2. Patching small pieces of existing asphalt or concrete driveways aprons.
3. Installing asphalt driveway approaches in lieu of existing gravel
approaches.
4. Asphalt patches between the asphalt street and new concrete apron.
B. No adjustments will be made to the unit price due to a large increase or
decrease in the proposed quantity.
NOTE: The asphalt patches must be installed within ten (10) days of the
concrete placement. Barricades must remain in place until the asphalt is
installed.
Page 6 of 9
SP-S STAMPING CONCRETE
The CONTRACTOR shall be required to stamp all concrete placed on the Project
with the CONTRACTOR's name and the installation date and shall conform to
Sections 900.2.5.6, 1300.6.1.10, and 1500.4.4.4 of the current edition of the CITY
SPECIFICATIONS. This is considered incidental to the Project.
SP-9 BARRICADING
When construction involves both sides of an existing street, one (1) side shall be
constructed at a time, to maintain pedestrian traffic. Barricades shall be placed at
each end of the street, closing that side off for construction. When that side is
complete and open, the CONTRACTOR may then proceed to the other side. The
CONTRACTOR shall not close the street for paving patching.
Barricading shall be considered incidental to each respective Bid Item. With the
majority of this Project being constructed adjacent to the downtown area, the CITY
will placing strong emphasis on the traffic control and barricading and its
conformance to the Manual of Uniform Traffic Control Devices (MUTCD). There will
be no extra monies paid for following barricading guidelines in the MUTCD.
SP-10 METHOD OF MEASUREMENT AND BASIS OF PAYMENT
The CONTRACTOR and the City's Sidewalk Inspector will jointly make
measurements of new concrete.
Payment will be made only after the turf restoration has been completed.
Traffic control, including providing, maintaining, and removing of the necessary
barricading, is considered incidental to the Contract.
l
SP-11 BACKFILL
The CONTRACTOR shall, upon removal of their forms, and not later than ten (10)
days after placement of concrete or asphalt, backfill the remaining excavated areas
with topsoil.
The CONTRACTOR shall compact the terrace fill so as to guarantee no settlement.
Any settlement that appears within a two (2) year period must be corrected as per
Section 100.49 of the current edition of the CITY SPECIFICATIONS. Any backfill
Page 7 of 9
or topsoil material that is placed, and is not acceptable to the ENGINEER, must be
removed at the CONTRACTOR's expense. Any restored areas that do not exhibit
adequate germination or has excessive weed growth shall be corrected in the
following spring prior to final payment being made.
The backfill material must be free of stones and large lumps and must meet with
the approval of the ENGINEER prior to placement. The topsoil must be graded
and raked smooth and then seeded, fertilized, and mulched according to the
STATE SPECIFICATIONS. All costs of topsoil and placement should be
included in the unit cost of the sidewalks, as no extra monies will be paid for this
Item.
Topsoil shall be rich earth pulverized to a depth of full excavation with no clods
of earth larger than one inch (1") in diameter and be free from lumps, stones, sticks,
or any other foreign material, and must be approved by the ENGINEER prior to
placement. The topsoil shall consist of natural loam, sandy loam, or silt loam
humus -bearing soils adapted to the sustenance of plant life, and such topsoil shall
neither be excessively acid nor alkaline.
SP-12 WATER SERVICE STOP BOXES
Wherever existing stop boxes for water services fall within new driveway or
sidewalk construction, an eight -inch (8") water valve top section shall be installed
over the shut-off. These will be furnished at no cost to the CONTRACTOR by the
CITY, and can be picked up at the Water Distribution Division at 757 West 3rd
Avenue. The CONTRACTOR shall keep a complete listing of where eight -inch
(8") water valve top sections are installed.
SP-13 INLET PROTECTION AND EROSION CONTROL
All erosion control, including Type D Modified inlet protection, stone bags, ditch
checks, and any other erosion control device as ordered by the ENGINEER, will
be included in the cost of either the Sidewalk or Concrete Patch Bid Items.
SP-14 CONSTRUCTION NEAR VARIOUS SCHOOLS
Lourdes Academy, Roosevelt Elementary, and Oshkosh West High School are
located inside the limits of Contract 24-06's Project limits.
Page 8 of 9
Sidewalk replacement work around schools shall take place between Tuesday,
June 4, 2024, and Monday, August 26, 202,4.
Page 9 of 9
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 Conditions 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 thereon
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.
h-i 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.
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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 Specifications 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 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.
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Contract Form 6-21-23.docti
IT IS HEREBY DECLARED, UNDERSTOOD, AND AGREED that the word "CONTRACTOR"
wherever used h-i 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
By:
(Seal of CONTRACTOR
if a Corporation)
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(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
n
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Contract Form 6-21-23.docx
Page 3 of 3
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 — Parti7ership
— 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 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 CITY OF OSHKOSH
Contract Number
Date Bond Executed (Date of Contract or Later)
PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization
It
— Individual e 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 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 I 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 hicorporation
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 I 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
2024 SIDEWALK REHABILITATION PROGRAM
Qum
City of Oshkosh
2024 Sidewalk Rehabilitation Program Area