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HomeMy WebLinkAbout23-16 Sawyer Creek Watershed II SpecsWISCONSIN TABLE OF CONTENTS OFFICIAL NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL SPECIAL CONDITIONS GEOTECHNICAL REPORT CONTRACT AND BONDS OFFICIAL NOTICE TO CONTRACTORS NOTICE IS HEREBY GIVEN that electronic bids will be received up to 11:00 a.m., Monday, August 28, 2023, through the online bidding service of QuestCDN.com, www.OuestCDN.com, for the construction of a storm water detention basin, asphalt paving, and utilities, and appurtenant work. Bids will be opened and publicly read in Room 310 of City Hall, 215 Church Avenue, Oshkosh, Wisconsin, and through a WebEx virtual meeting. CITY CONTRACT 23-16 — SAWYER CREEK WATERSHED RURAL II DETENTION BASIN — CONSTRUCTION Approx. 22 acres of clearing and grubbing Approx. 1,480,000 cu. yds. of excavation Approx. 13,600 tons of 3/4" to 3" base aggregate dense Approx. 3,000 tons of HMA pavement Approx. 1,600 lin. ft. of 12" to 48" storm sewer and appurtenant work Approx. 650 lin. ft. of 14" x 23" to 19" x 30" elliptical storm sewer and appurtenant work Approx. 1,450 lin. ft. of 4' x 6' box culvert storm sewer and appurtenant work Approx. 5,000 lin. ft. of 8" to 15" sanitary sewer (new) and appurtenant work Approx. 400 lin. ft. of 4" to 6" sanitary laterals (new) Approx. 4001in. ft. of 1" to 2" water service (new) Approx. 2,000 lin. ft. of 6" to 10" water main (new) and appurtenant work Approx. 140 acres of restoration It is the Bidder's sole responsibility to insure the Bid is received by QuestCDN.com prior to the deadline set forth in this notice. No bids will be accepted after the deadline. All bids must follow the bidding instructions, including providing all attachments as required, on QuestCDN.com. Contractors must be qualified to submit a bid for this Project. This shall be done on forms furnished by the City of Oshkosh, and must be filled out in proper manner and then submitted to the Department of Public Works for consideration by the Director of Public Works and the City Manager and filed not later than Thursday, August 17, 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, August 23, 2023. The City Manager's decision as to qualifications will be final. Contractors that are prequalified with the City of Oshkosh for the construction year 2023 for the class of work and the Total Contract Amount specified in the Proposal do not need to prequalify again for this Project. Complete digital Project Bidding Documents (including a copy of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin) will be available at www.questcdn.com on Tuesday, August 1, 2023. Download the digital plan documents for a non-refundable fee of $42 (Forty Dollars) by inputting Quest Project No. 8608957 on the website's Project Search page. Please contact QuestCDN.com at (952)233-1632 or info@auestcdn.com for assistance in free membership registration, downloading, and working with this digital Project information. Plans and Specifications may be reviewed at the office of the City Engineer, Room 301 of City Hall, beginning Tuesday, August 1, 2023. These documents are also available for inspection in the office of the City Clerk, Room 104, 215 Church Avenue, Oshkosh, Wisconsin. In addition, additional copies of the current edition of the Standard Specifications for the City of Oshkosh, Wisconsin will be available for purchase. The cost of the current edition of the Standard Specifications for the City of Oshkosh, Wisconsin will be $25 (Twenty Five Dollars) and will be available at the City Engineer's office. Sealed Bids must be accompanied by a Bid Bond payable to the City of Oshkosh on the form provided by the City of Oshkosh in an amount of not less than five percent (5%) of the total amount of the Bid as a guarantee that if the Bid is accepted, Bidder will execute and file proper Contract and Bond within ten (10) days after the award of the Contract. The Bid Bond can be presented in pdf format. If the successful bidder executes the Contract and files the necessary bonds within the allowed time, then the Bid Bond shall be released. If the successful bidder fails to execute the Contract and file the Contract Bond within the allowed time, then the Bid Bond shall be forfeited to the CITY as liquidated damages. No bids will be withdrawn for a period of sixty (60) days after the scheduled time of opening bids. The CITY reserves the right to reject any and all bids and to waive any informalities. MARK A. ROHLOFF City Manager PUBLISHED: July 28 and August 4, 2023 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/q-aplprQjects/pri 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. I13-3 PREQUALIFICATION OF CONTRACTORS The Wisconsin Statutes, under Section 66.29, permits the prequalification of all contractors interested in submitting a bid on a municipal project. Prequalification is required for every Contract. Contractors must contact the Department of Public Works to obtain the Prequalification Questionnaire. THIS QUESTIONNAIRE MUST BE COMPLETED AND RETURNED TO THE DIRECTOR OF PUBLIC WORKS BY THE DATE SPECIFIED IN THE OFFICIAL NOTICE TO CONTRACTORS. IF, IN THE OPINION OF THE CITY MANAGER, THE CONTRACTOR IS NOT QUALIFIED TO CARRY OUT THE PROVISIONS OF THIS CONTRACT, THE CONTRACTOR WILL BE NOTIFIED. I13-4 SECTIONS TO BE READ BY THE CONTRACTOR Before submitting a bid, all contractors and subcontractors shall read the Official Notice to Contractors, Instructions to Bidders, Special Conditions, current edition of the Standard Specifications for City of Oshkosh, Wisconsin, and Contract, all of which contain provisions applying to all contractors and subcontractors. The CONTRACTOR agrees by submitting its Bid that it is familiar with every and all requirements for carrying out the Contract for which the Bid is submitted. Page 1 of 4 IB-5 EXAMINATION OF PLANS AND SITE Bidders must satisfy themselves as to the accuracy of the schedule, the quantities of work to be done, the intent of the Specifications, and the requirements of the CITY and the ENGINEER by personal examination of the location and the proposed work by examining the Plans on file with the CITY and/or by such other means as they may prefer. The bidders are expected to 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 (wSvw.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 in accordance with the Contract. The Contract shall be considered completed when, in the judgment of the ENGINEER, all work called for in the Specifications has been completed and the construction becomes usable to the CITY. IB-8 REQUIREMENT FOR SIGNING BIDS A. Bids which are not signed by individuals making them should have attached power of attorney evidencing authority to sign the Bid in the name of the person for whom it was signed. B. Bids which are signed for a partnership should be signed by all of the partners, or by an attorney -in -fact. If signed by an attorney -in -fact, there should be attached to the Bid a power of attorney, evidencing authority to sign the Bid, executed by the partners. C. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name followed by the word, "By 11 IB-9 WITHDRAWAL OF BID Proposals may be withdrawn any time previous to the opening of the Bids, but no Proposal may be withdrawn after the time of opening bids is passed for a period of sixty (60) days. IB-10 REJECTION OF BIDS The CITY reserves the right to reject any and all Bids or to award any and all Contracts to bidders who, in the judgment of the CITY, will best serve the CITY. The CITY reserves the right to reject the Bid in whole or in part. A Bid which has not been prepared according to the instructions contained herein, or which does not contain a unit price which is both adequate and reasonable for each and every Item named in the Specifications, is subject to rejection. Unbalanced Bids are subject to rejection. Page 3 of 4 IB-11 WHEN AWARD EFFECTUAL The Contract shall be deemed as having been awarded when formal Notice of Award shall have been duly served upon the intended awardee (i.e., the bidder to whom the CITY contemplates awarding the Contract) by some officer or agent of the CITY duly authorized to give such notice. Page 4 of 4 PROPOSAL FOR CITY CONTRACT 23-16 SAWYER CREEK WATERSHED RURAL II DETENTION BASIN — CONSTRUCTION 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 a storm water detention basin, asphalt paving, 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 TTEM QTY. Mobilization; complete as Lump 1050 specified Sum 1 $ $ Removing pavement; 1100 complete as specified Removing curb and gutter; 1110 complete as specified Removing concrete and asphalt sidewalk and driveway; complete as 1120 specified Unclassified excavation; 1200 complete as specified Square Yards 8,420 $ Linear Feet 200 $ Square Feet 4,840 $ Cubic Yards 9,620 $ Page 1 of 16 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Ground stabilization fabric; Square 1230 complete as specified Yards 6,060 $ $ Adjust manholes and inlets; 1360 complete as specified Each 34 $ $ Restore gravel driveway/ Square 1372 apron; complete as specified Yards 110 $ $ 30" curb and gutter; 8'; Linear 1444 complete as specified Feet 100 $ $ 36" mountable curb and gutter; 8'; complete as Linear 1451 specified Feet 100 $ $ Locate existing property monuments; complete as 1650 specified Each 16 $ $ Replace section corner; 1651 complete as specified Each 1 $ $ Replace existing property monuments; complete as 1652 specified Each 7 $ $ Sawing existing pavement; Linear 1700 complete as specified Feet 400 $ $ Base aggregate dense; 3/4; 1800 complete as specified Tons 710 $ $ Base aggregate dense;1-1/4; 1801 complete as specified Tons 8,600 $ $ Base aggregate dense; 3"; 1802 complete as specified Tons 4,260 $ $ Tack coat; complete as 1900 specified Gallons 250 $ $ IDAA Pavement LT; complete 1901 as specified Tons 280 $ $ Page 2 of 16 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. HMA Pavement MT; 1902 complete as specified Tons Asphalt flume; complete as Square 1935 specified Yards Prepare foundation for asphaltic paving; complete as Lump 1960 specified Sum Pavement markings; epoxy; 4" (white); complete as Linear 1974 specified Feet Pavement markings; epoxy; 4" (yellow); complete as Linear 1975 specified Feet Pavement markings; stop -line epoxy;18" (white); complete Linear 1978 ' as specified Feet Furnish and install woven wire fencing; complete as Linear 1990 specified Feet Furnish and install high tensile fencing; complete as Linear 1991 specified Feet Furnish and install double leaf gate; complete as 1992 specified Each Furnish and install 12" RCP Class III storm sewer; Linear 2004 complete as specified Feet Furnish and install 24" RCP Class III storm sewer; Linear 2016 complete as specified Feet Furnish and install 30" RCP Class III storm sewer; Linear 2022 complete as specified Feet 2,670 $ 30 $ 1 $ 6,000 $ 2,500 $ 17 $ M. 6,840 $ $ 75 $ 2 $ 34 $ 122 $ 29 $ Page 3 of 16 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Furnish and install 36" RCP Class III storm sewer; Linear 2025 complete as specified Feet 358 $ $ Furnish and install 48" RCP Class III storm sewer; Linear 2031 complete as specified Feet 1,026 $ $ Furnish and install 14" x 23" HERCP Class III storm sewer; Linear 2045 complete as specified Feet 304 $ $ Furnish and install 19" x 30" HERCP Class III storm sewer; Linear 2047 complete as specified Feet 344 $ $ Furnish and install 4' x 6' box culvert storm sewer; Linear 2072 complete as specified Feet 1,449 $ $ Furnish and install 4' diameter manhole riser on 4' x 6' box culvert, complete as Vertical 2113 specified Feet 13 $ $ Furnish and install 24" RCP Class III apron endwall with joint ties; complete as 2144 specified Each 2 $ $ Furnish and install 36" RCP Class III apron endwall with joint ties; complete as 2147 specified Each 2 $ $ Furnish and install 48" RCP Class III apron endwall with joint ties; complete as 2149 specified Each 5 $ $ Furnish and install 14" x 23" RCP Class III apron endwall with joint ties; complete as 2154 specified Each 20 $ $ Page 4 of 16 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Furnish and install 19" x 30" RCP Class III apron endwall with joint ties; complete as 2155 specified Each 20 $ $ Furnish and install Tx 6' box culvert end section with joint 2171 ties; complete as specified Each 1 $ $ Furnish and install standard storm sewer manhole (6' diameter); complete as Vertical 2203 specified Feet 11 $ $ Furnish and install standard storm sewer manhole (8' diameter); complete as Vertical 2205 specified Feet 9 $ $ Furnish and install standard storm sewer manhole (8' x 8' Vertical 2211 box); complete as specified Feet 10 $ $ Furnish and install standard storm sewer inlet manhole (6' diameter); complete as Vertical 2215 specified Feet 13 $ $ Furnish and install storm sewer outlet structure; Rural 2226 II Basin; complete as specified Each 1 $ $ Furnish and install Type 1 2236 inlet; complete as specified Each 1 $ $ Furnish and install WDOT Inlet Median 1 grate; 2240 complete as specified Each 2 $ $ Furnish and install WDOT Inlet Median 2 grate; 2241 complete as specified Each 3 $ $ Page 5 of 16 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish; install; maintain; and remove Type A inlet protection; complete as 2500 specified Each 7 $ $ Furnish; install; maintain; and remove Type D inlet protection; complete as 2506 specified Each 4 $ $ Furnish; install; maintain; and remove stone tracking 2512 pad; complete as specified Each 4 $ $ Furnish; install; maintain; and remove silt fence; Linear 2514 complete as specified Feet 9,050 $ $ Furnish; install; maintain, and remove ditch check; 2522 complete as specified Each 74 $ $ Furnish and install rock dam; Linear 2527 complete as specified Feet 275 $ $ Install salvaged topsoil 6" Lump 2603 depth; complete as specified Sum 1 $ $ Furnish and install native seeding; floodplain mix; Square 2610 complete as specified Yards 114,000 $ $ Furnish and install native seeding; mesic mix; complete Square 2612 as specified Yards 103,000 $ $ Furnish and install turf grass; 2620 complete as specified Furnish and install no -mow 2622 fescue; complete as specified Furnish and install annual cover crop; complete as 2624 specified Square Yards 7,500 $ Square Yards 150,000 $ Square Yards 680,000 Page 6 of 16 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish and install Class II; Type B erosion control mat; Square 2634 complete as specified Yards 35,000 $ $ Furnish and install turf reinforcement mat system; Square 2638 complete as specified Yards Furnish and install medium field stone rip -rap with filter Square 2649 fabric; complete as specified Yards Install articulated concrete block mat (ACBM) revetment system; complete Square 2659 as specified Yards Remove 30" and smaller storm sewer; complete as Linear 2804 specified Feet Remove; salvage; and relocate existing endwall; 2860 complete as specified Each Storm server utility line opening (ULO); complete as 2914 specified Each Clear and grub; Zone A; Lump 2915 complete as specified Sum Clear and grub; Zone B; Lump 2916 complete as specified Sum Construct clay liner; complete Lump 2934 as specified Sum General excavation; Rural II Detention Basin; complete as Lump 2935 specified Sum General excavation; Clark - Hill Detention Basin; Lump 2936 complete as specified Sum 3,930 $ $ 350 $ 2,100 $ $ 550 $ $ 2 $ 20 $ $ 1 $ $ 1 $ $ 1 $ $ 1 $ Page 7 of 16 BID ITEM DESCRIPTION UNIT EST. QTy, BID UNIT PRICE BID TOTAL PRICE Furnish and install 8" sanitary sewer (new); complete as Linear 3030 specified Feet 1,667 $ $ Furnish and install 12" sanitary sewer (new); Linear 3034 complete as specified Feet 1,920 $ $ Furnish and install 15" sanitary sewer (new); Linear 3036 complete as specified Feet 1,487 $ $ Furnish and install 8" sanitary sewer drop; complete as Vertical 3060 specified Feet 6.19 $ $ Furnish and install standard sanitary sewer manhole (4' diameter); complete as Vertical 3100 specified Feet 270 $ $ Furnish and install sanitary sewer external manhole chimney seal; complete as 3114 specified Each 17 $ $ Furnish and install 8" x 4" sanitary sewer factory wyes 3200 or tees; complete as specified Each 6 $ $ Furnish and install 15" x 4" sanitary sewer factory vvyes 3206 or tees; complete as specified Each 6 $ $ Furnish and install 15" x 6" sanitary sewer factory wyes 3216 or tees; complete as specified Each 1 $ $ Furnish and install 4" sanitary sewer laterals (new); Linear 3230 complete as specified Feet 386 $ $ Furnish and install 6" sanitary sewer laterals (new); Linear 3232 complete as specified Feet 32 $ $ Page 8 of 16 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish and install connection to existing 12" sanitary sewer mains; 3304 complete as specified Each Core into existing manhole; 3332 complete as specified Each Furnish and install 24" sanitary sewer open cut 1 $ $ casing pipes; complete as Linear 3412 specified Feet 33 $ Closed circuit televising; Linear 3700 complete as specified Feet 5,074 $ Furnish 8" sanitary sewer air pressure test; complete as 3935 specified Each Furnish 12" sanitary sewer air pressure test; complete as 3939 specified Each Furnish 15" sanitary sewer air pressure test; complete as 3941 specified Each Furnish and install new 6" ductile iron water main with polywrap; complete as Linear 4020 specified Feet Furnish and install new 10" ductile iron water main with polywrap; complete as Linear 4024 specified Feet Furnish and install 1" water service (new); complete as Linear 4042 specified Feet Furnish and install 2" water service (new); complete as Linear 4046 specified Feet 5 $ 5 $ Ell 5 $ $ 116 $ 1,925 $ $ 437 $ $ 11 $ $ Page 9 of 16 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish and install 1" corporation and stop box; 4048 complete as specified Each 12 $ Furnish and install 2" corporation and stop box; 4053 complete as specified Each Furnish and install cormections to existing 6" water main; complete as 4058 specified Each Furnish and install connections to existing 10" water main; complete as 4062 specified Each Furnish and install 10" x 6" water main tee; complete as 4119 specified Each Furnish and install 10" x 10" water main tee; complete as 4121 specified Each Furnish and install 10" water main plug; complete as 4310 specified Each Furnish and install 6" water main gate valve; complete as 4401 specified Each Furnish and install 10" water main gate valve; complete as 4403 specified Each Furnish and install valve box replacement; complete as 4490 specified Each Furnish and install hydrant; 4500 complete as specified Each 4 $ Pa 4 $ 5 $ 7 $ 4 $ Page 10 of 16 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Relocate existing hydrant; 4501 complete as specified Each 7 $ $ SUBTOTAL SECTION I — CONTRACT 23-16 SECTION I (ITEMS 1050 — 4501) Page 11 of 16 CITY CONTRACT 23-16 SAWYER CREEK WATERSHED RURAL II DETENTION BASIN — CONSTRUCTION SUBTOTAL SECTION I (ITEMS 1050 — 4501) GRAND TOTAL OF CITY CONTRACT 23-16 (ITEMS 1050 — 4501) $ ALTERNATE 1 Compaction of southern 20 acres of Clark -Hill Fill Site; Lump 2956-1 complete as specified Sum 1 $ $ ALTERNATE 2 Compaction of northern 60 acres of Clark -Hill Fill Site; Lump 2958-2 complete as specified Sum 1 $ $ ALTERNATE 3 Temporary paving of Clairville Road; complete Lump 2960-3 as specified Sum 1 (SELECTED ALTERNATES WILL BE CONSIDERED IN DETERMINING LOW BIDDER) Page 12 of 16 CONTRACT 23-16 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 Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). Signature of Bidder Page 13 of 16 IN 0! ❑� CONTRACT 23-16 ATTACHMENT B Bidders for this Contract must be Pre -Qualified for at least the following Total Contract Amount: $3,000,000 Bidders for this Contract must also be Pre -Qualified for at least One of the Following Type(s) of Construction Denoted by a E. 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 14 of 16 CONTRACT 23-16 ATTACHMENT C Bidders for this Contract must meet the following Insurance Standards as Denoted by a ®. 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 15 of 16 CONTRACT 23-16 PROPOSAL The undersigned will begin work as specified after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of (Naive of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of a Partnership consisting of 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 tlus 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 qualifynlg 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 16 of 16 SPECIAL CONDITIONS CONTRACT 23-16 SAWYER CREEK WATERSHED RURAL II DETENTION BASIN — CONSTRUCTION SP-1 BID OPENING The bid opening for Contract 23-16 will be held in Room 310 of City Hall. Also, please note, public access to Contract 23-16's bid opening will also be handled through WebEx. To join Contract 23-16's bid opening through WebEx, please copy and paste this link into your web browser: https://cityofoshkosh.my.webex. com/cityofoshkosh.my/j.php?MTID=m20d7beec 0161db429d93fead969ae76f The meeting number (access code) for this Bid opening is 2552 803 7110. The meeting password via web browser is m7hRv3GdW7a. If you wish to join by telephone, please call 1-510-338-9438. To join from a video system or application, dial 25528037110@webex.com or dial 173.243.2.68 and enter the meeting number listed above. The meeting password for telephone or video system is 67478343. To join from a mobile device, enter +1-510-338-9438„ 25528037110#67478343#. Some mobile devices may ask attendees to enter a numeric meeting password; use the password listed above for telephones or -video systems. If you need help, please go to http://help.webex.com. SP-2 GENERAL CONSTRUCTION MANAGEMENT ENGINEER (CME) shall be understood to mean Strand Associates, Inc. of Madison, Wisconsin. SP-3 COMPLETION AND LIQUIDATED DAMAGES It is anticipated the award of this work will be on Tuesday, September 12, 2023. There are numerous community events near the Project area including, but not limited to: Page 1 of 24 EAA AirVenture, July 2024. The date listed above is for the approximate month the event has typically occurred; actual date is subject to change. While there are no additional work restrictions due to this event, CONTRACTOR shall take into consideration potential traffic impacts to the US 41/STH 44 interchange and even a possibility of interchange closure during the EAA AirVenture event. There will also be increases in vehicular and pedestrian traffic throughout the City and County during the event. It is anticipated the CONTRACTOR will be able to start construction work on or before Monday, October 16, 2023. The substantial completion of this Project shall be completed by Friday, November 1, 2024. As stated in Section 100.9 of the current edition of the Standard Specifications for City of Oshlcosli, Wisconsin (CITY SPECIFICATIONS), substantial completion includes completion of all Contract Bid Items and change order work. Substantial completion shall also consist of coordinating with the CITY to install all of the street signs prior to opening to traffic. Emphasis on this Section is placed to control and minimize the inconvenience to City of Oshkosh residents, businesses, and property owners. The CONTRACTOR shall note the CITY has essential work to perform both within and outside of the scope of this Contract and variation by the CONTRACTOR from the completion schedule of this Contract will result in extra costs to the CITY which include, but are not limited to, labor, equipment, administrative, and contracted services. It is the intent of the CITY to assess liquidated damages to the CONTRACTOR if the completion schedule for this Contract is not met. The ENGINEER shall determine the number of calendar days the CONTRACTOR is in default in completing any segment of the Contract and shall certify the same to the CITY in writing. For each calendar day so certified, the CONTRACTOR shall pay the CITY the sum as indicated in the current edition of the CITY SPECIFICATIONS, which sum is hereby agreed upon, not as a penalty, but as liquidated damages which the CITY will suffer by reason of such default. The CITY shall be fully authorized and empowered to deduct and retain the amount of any damages, determined as herein provided, for each day the CONTRACTOR shall be in default in completing the work after the time fixed in Page 2 of 24 the Contract, or after any later date to which the time for completion may have been extended by the CITY, from any monies due or to become due the CONTRACTOR under the Contract, at any time after such damages are so incurred. The permitting of the CONTRACTOR to finish the work, or any part of it, after the time fixed for its completion or after the date to which the date of completion may have been extended, shall in no way operate as a waiver on the part of the CITY of any of its rights under the Contract. SP-4 PROSECUTION AND PROGRESS CONTRACTOR is responsible for appropriately phasing work and generating their own schedule. All work, including punchlist items, must be complete by Wednesday, November 22, 2024, so that final payment may be made in December 2024, assuming all of the CITY -required closeout documentation has been submitted by the CONTRACTOR and approved of by the CITY. CONTRACTOR shall provide a means of removing surface water from the detention areas so that there is no standing water during construction. The wet portions of the Rural II and Clark -Hill Basins may have standing water once their final grades have been achieved and restoration is complete. No work shall occur in Sawyer Creek between the dates of March 1st and June 15th. Weir elevation has been set to convey two (2) year storm. CONTRACTOR is encouraged to stage work or berm area to prevent water from entering the Rural II Detention Basin prior to completion of restoration. Utility construction shall be phased so that work on one (1) utility does not undermine or negatively impact another utility. CONTRACTOR may work within the Clairville Road right-of-way throughout the winter months, but shall maintain, at a minimum, a safe, drive -able, base aggregate dense surface at all times. CONTRACTOR shall maintain and clear the roadway surface of snow witlun twelve (12) hours of a measurable snowfall and keep it clear of blowing and drifting snow. CONTRACTOR shall not haul to the Compass Way Stockpile Site using off -road trucks once new dense graded base is placed. Page 3 of 24 Off -road haul trucks are only allowed on Clairville Road between Station 111+67 and Station 118+26 and before new dense -graded base is placed in this area. Construction traffic is not allowed on Transit Drive or Compass Way. Work on the CTH K and Clairville Road intersection shall be completed in twenty (20) consecutive working days, including paving the Project area north of STA 130+75. Work on Clairville Road shall be completed by Wednesday, July 31, 2024. Weather -related delays may be considered for days in excess of Section 108 of the STATE SPECIFICATIONS. This guideline will be reviewed, but does not guarantee any weather -related delay requests made by CONTRACTOR. SP-5 PERMITS Permits for all work have been 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: • WDNR Notice of Intent: September 15, 2023. • WDNR Chapter 30 Permit: September 15, 2023. • WDNR Water Main Extension Permit: September 15, 2023. • WDNR Sanitary Sewer extension Permit: September 15, 2023. • WDOT Work Within ROW Permit — September 15, 2023. • Winnebago County Work With ROW Permit — September 15, 2023. SP-6 SCOPE OF WORK The work under this Contract consists of the public construction of regional detention basins and streets along with storm sewer, sanitary sewer, and water main within the locations identified herein. The Project includes the reconstruction of asphalt streets and construction of new detention basins at the specified locations. A key element to this Project will be the CONTRACTOR's ability to successfully schedule the work to meet the various completion deadlines. Page 4 of 24 SP-7 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 23-16: • CONTRACTOR must allow a minimum ten -foot (10') wide emergency vehicle access at all times, unless approved otherwise by the ENGINEER. The CONTRACTOR shall be required to provide variable message boards one (1) week prior to starting any construction on Clairville Road or CTH K. The CONTRACTOR shall maintain access (vehicular and pedestrian) to all businesses at all times throughout the duration of the Project. This may include, but is not limited to, the building of Americans with Disabilities Act (ADA) compliant ramps or bridges into buildings. Access for garbage and recycling collection will be required on: • Monday for Clairville Road. Commercial, industrial, and non-residential garbage pick-up may occur at different days and shall be accommodated. CONTRACTOR is to verify the days of private garbage collection and accommodate the affected businesses. As stated in the current edition of the CITY SPECIFICATIONS, all costs associated with traffic control shall be considered incidental to the Contract. SP-8 DESIGNATED HAUL ROUTES CONTRACTOR may enter and leave the construction zone only at the locations indicated on the Drawings. SP-9 CONSTRUCTION ACCESS AGREEMENTS The City of Oshkosh Department of Public Works is required to obtain Construction Access Agreements for every parcel within the construction limits. These agreements allow the CITY's CONTRACTOR to perform work on private property; i.e. all work behind right of way. We are in the process of obtaining Construction Access Agreements for the Clairville Road work. The Project was designed assuming all of the signed Construction Page 5 of 24 Access Agreements would be returned to us. If we do not receive a signed copy of the Construction Access Agreement from each property owner, the scope of work for that parcel may change from what is shown on the Plans. The CITY will attempt to acquire all the Construction Access Agreements prior to the start of the Contract, but the CONTRACTOR should be aware of these potential changes. No additional time will be granted for the installation of the asphaltic sidewalk/driveways. Prior to the start of construction, the CITY will supply a list of addresses that have yet to sign their Construction Access Agreement to the CONTRACTOR. CONTRACTOR will make note of this and will not encroach on those properties during any construction activities. SP-10 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 Matthew Yentz of Strand Associates, Inc. (matthew.yentz@strand.com) by 4:30 p.m. on Wednesday, August 23, 2023. Interpretation or clarifications considered necessary by the CITY in response to such questions will be issued via an Addendum. Only questions answered by an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. SP-11 MISCELLANEOUS UTILITY COORDINATION Several underground utilities (City sewers, water, and electrical conduit; Wisconsin Public Service (WPS) [electrical and gas]; American Transmission Company (ATC); AT&T Wisconsin (AT&T); Spectrum; TDS Telecom (TDS); U.S. Signal; and Windstream) may be extremely shallow with respect to proposed surfaces. In some cases, utility relocation may be required in coordination with the CONTRACTOR's work. The CONTRACTOR shall coordinate and cooperate with the various utilities in the completion of the Contract and utility work and shall anticipate this work in the Project schedule. Page 6 of 24 The utility locations are approximately shown on the Drawings. 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. Work Near ATC's Overhead Electric Lines The City is aware of possible induced voltage from the high voltage overhead electric lines on metal objects. CONTRACTOR shall provide personal protective equipment in accordance with their company policies, OSHA requirements, and ATC requirements when working around these overhead lines. For questions about working around ATC's high voltage lines, contact ATC operations at (800) 937-3762 a minimum of ten (10) business days prior to work occurring within fifty feet (50') horizontally or vertically of the ATC high voltage lines. Coordinate operations with ATC. SP-12 EXCAVATION, TRENCH BACKFILL, AND COMPACTION CITY will be performing test digs at the Rural II Detention Basin site on Tuesday, August 15, 2023, at 8:30 a.m. Contractors may attend and have input on the number and location of the holes to be dug. A representative from the geotechnical firm that completed the original investigation will be on site. Excavation shall be completed in accordance with the current edition of the CITY SPECIFICATIONS. Site grading along the utility corridors shall be completed to within plus/minus nine inches (9") of subgrade prior to installation of the utilities. Site grading less than six inches (6") can be completed by subtraction or addition of topsoil. CONTRACTOR shall provide a diagram of proposed locations for this type of grading to CME for review. All other areas require topsoil stripping, fill placement, and restoration per Project requirements. Page 7 of 24 Clay soils conforming to Section 2900.2.1 of the current edition of the CITY SPECIFICATIONS are required for all detention basin inlet and outlet pipe trench backfill, clay liner, and berms surrounding the detention basins. The trench area includes the outlet or inlet pipe apron end wall to a distance of ten feet (10') beyond the top of slope, or a length of fifty feet (50'), whichever is greater. Native material may be utilized as fill material in other locations on site. This does not include trench backfill within the right-of-way, which shall be granular. After topsoil stripping, in areas requiring fill, soft areas shall be excavated and be replaced with on -site select fill material. The excavation and replacement of soft material shall be measured and paid for as Unclassified Excavation. CITY will conduct random density tests for In -Place Density and Water Content of Soil and Aggregate by Nuclear Methods during construction at undefined frequencies and spacing. Areas found to be non -conforming shall be corrected by further compaction effort, discing, or watering, as deemed appropriate by CONTRACTOR. Non -conforming areas will be retested by CITY to confirm adequate corrective action has been taken prior to additional fill being placed. CONTRACTOR shall notify CITY at least twenty four (24) hours prior to CONTRACTOR -requested retesting. All compaction, corrective action for non -conforming areas, hauling, prepping of material or other work items required to provide a functionally -complete project shall be incidental to adjacent work. CITY reserves the right to deduct from CONTRACTOR payment for the costs for retesting. CITY will notify CONTRACTOR before this is initiated. Testing 1. CONTRACTOR shall assist CITY in collecting representative bulk samples of fill material. This shall include at least one (1) sample for each soil type of fill material or as directed by CITY. 2. CITY will perform the following laboratory tests: A. One (1) Grain Size Analysis Test (ASTM D-422) for each source of fill. B. One (1) Plasticity index and Liquid Limit for each source of fill. C. One (1) Modified Proctor Compaction Test (ASTM D-1557, Method D) for each source of fill. D. One (1) Permeability per 5,000 cubic yards of in -place fill within the wet portion of the Clark -Hill Detention Basin. E. Field compaction tests as directed by CITY. Page 8 of 24 3. Degree of Compaction: ASTM D-1557, Method D (Modified Proctor). 4. Moisture Content shall be within three percent (3%) of optimum when placed and compacted. 5. Dispersion: ASTM D-4221—Test Method for Dispersive Characteristics of Clay Soil by Double Hydrometer. 6. Testing at the Clark -Hill Fill Site will be for information only unless Alternate 1 or Alternate 2 are selected. No testing will be done on the Compass Way Stockpile Site. CONTRACTOR is responsible for disposal of all excess material. CONTRACTOR is responsible for securing all necessary permits at material disposal sites. CONTRACTOR is responsible for disposal of undercut materials. Suitable material from utility and roadway excavation may be disposed of on Clark -Hill Fill Site. SP-13 CONCRETE AND ASPHALT PAVING CONSTRUCTION CONTRACTOR to perform concrete cylinder tests per Section 900.2.13 of the current edition of the CITY SPECIFICATIONS. Test results required by Section 900.2.13.1 shall be submitted to the CITY via e-mail to Alyssa Deckert (adeckert@ci.oshkosh.wi.us) and Tracy Taylor (ttaylor@ci.oshkosh.wi.us). 1. Bid Item #1050 — Mobilization A. Bid Item #1050 shall comply with the requirements of the current edition of the CITY SPECIFICATIONS. B. Bid Item #1050 shall include the cost of providing a Type D Field Office in accordance with Section 642 of the STATE SPECIFICATIONS for the duration of the Project. CONTRACTOR shall provide space for CME and CITY field staff with the field office. The field office does not need to have phone services, but must provide unlimited high-speed internet service. 2. Bid Item #1200 — Unclassified Excavation A. Bid Item #1200 includes undercut quantity volumes as listed: 1. Clairville Road: 1,625 cubic yards. 2. Basin Access Road: 280 cubic yards. Page 9 of 24 3. Undercutting volumes will only be paid if authorized by CME and will be measured as in -place volume removed per the current edition of the CITY SPECIFICATIONS. 4. Quantity bid is an undistributed amount. No changes to bid pricing allowed based on actual field measurements. 3. Bid Item #1444 — 30" Curb and Gutter; 8" A. All work shall be performed in accordance with Section 1400 of the current edition of the CITY SPECIFICATIONS. B. Payment for gravel base shall be made under Bid Item #1801. 4. Bid Item #1451— 36" Mountable Curb and Gutter; 8" A. All work shall be performed in accordance with Section 1400 of the current edition of the CITY SPECIFICATIONS. B. Payment for gravel base shall be made under Bid Item #1801. 5. Bid Item #1650 — Locate Existing Property Monuments A. Quantity bid is an undistributed amount. No changes to bid pricing allowed based on actual field measurements. 6. Bid Item #1652 — Replace Existing Property Monuments A. Quantity bid is an undistributed amount. No changes to bid pricing allowed based on actual field measurements. 7. Bid Item #1800 — Base Aggregate Dense; 3/4" A. Bid Item #1800 shall be used on this Project for all private driveway base aggregate restoration of existing gravel driveway as specified in Section 1300.6.6 of the current edition of the CITY SPECIFICATIONS, and for the top five inches (5") of shoulder material along Clairville Road. B. Payment for Bid Item #1800 shall be made at the contract unit price per ton. 8. Bid Item #1935 — Asphalt Flume A. Asphalt flume shall be constructed at the locations shown in the Drawings and according to the Detail Drawings. B. Bid Item #1935 will be paid by the square yard that is acceptably constructed. It is assumed that four (4) tons of asphalt will be used to construct the flumes. Four (4) tons will be deducted from the day's asphalt totals for HMA pavement. Page 10 of 24 9. Bid Item #1990 — Furnish and Install Woven Wire Fencing A. Bid Item #1990 shall be installed at the locations shown on the Drawings in accordance with applicable provisions of Section 616 of the latest edition of the STATE SPECIFICATIONS and S.D.D. 15 B 1-8. Bid Item #1990 shall be 41/2 feet in height. 10. Bid Item #1991 — Furnish and Install High Tensile Fencing A. Bid Item #1991 shall be installed at the locations shown on the Drawings in accordance with applicable provisions of Section 616 of the latest edition of the STATE SPECIFICATIONS and S.D.D. 15 B 1-8. Bid Item #1991 shall be 41/2 feet in height. 11. Bid Item #1992 — Furnish and Install Double Leaf Gate A. Bid Item #1992 shall be installed at locations shown in the Drawings and S.D.D. 15 B 12-1. Bid Item #1992 shall be paid for at the unit price bid per each and will 'include all materials, labor, and equipment necessary for a complete and acceptable installation. SP-14 STORM SEWER CONSTRUCTION 1. Bid Item #2072 — Furnish and Install 4' x 6' Box Culvert Storm Sewer A. Install box culvert internal curb (or equal) as shown in the Drawings at a spacing of 250 feet. CONTRACTOR shall submit shop drawings of the curb interface with the culvert. B. Box culvert internal curb shall be incidental to the cost of the box culvert construction. 2. Bid Item #2113 —Furnish and Install 4' Diameter Manhole Riser on 4' x 6' Box Culvert A. Bid Item #2113 shall be installed at the locations shown on the Drawings in accordance with applicable provisions of Section 2000 and Section 2200 of the current edition of the CITY SPECIFICATIONS. Payment includes compensation for installing a four -foot (4') manhole riser and adjustment rings on the 4' x 6' box culvert. Payment shall be by the vertical foot from the top of the box culvert to the base of the casting that is acceptably installed. Payment for the box culvert shall be separate and will be paid under Bid Item #2072. CONTRACTOR shall submit shop drawings of the manhole riser interface with the box culvert. Page 11 of 24 3. Bid Item #2226 — Furnish and Install Storm Sewer Outlet Structure; Rural II Basin A. Bid Item #2226 consists of the outlet control intake structure, connecting RCP pipe, trash rack, railing, and associated appurtenances, including TideFlex (R) U1traFlex (R) Inline Check valve (or equal). B. Concrete Formwork: Concrete formwork shall be installed as per Sections 100.69 and 100.70 of the current edition of the CITY SPECIFICATIONS. C. Concrete Reinforcement: Concrete reinforcement shall be installed as per Sections 100.69 and 100.70 of the current edition of the CITY SPECIFICATIONS. D. Cast -In -Place Concrete: Cast -in -place concrete shall be installed as per Sections 100.69 and 100.70 of the current edition of the CITY SPECIFICATIONS. E. Structural Steel: 1. Materials: a. Structural Steel Members: i. ASTM A-36/A-36M (channels, angles, plates). ii. ASTM A-992-50 (wide flange sections). b. Structural Tubing: i. ASTM A-500, Grade B. c. Pipe: i. ASTM A-53, Grade B. d. Bolts, Nuts, and Washers: i. ASTM A-307 or ASTM A-325, galvanized in accordance with ASTM A-123 and A-153. e. Anchor Bolts: i. ASTM F-1554, Grade 36. f. Welding Materials: i. AWS D1.1. ii. E70XX electrodes. g. Galvanizing: i. ASTM A-123 and ASTM A-153 for structural steel plates, shapes and bars, and structural steel tubing. ii. ASTM A-53 for steel pipe. 2. Fabrication: a. Fabrication and Assembly: i. CONTRACTOR shall fabricate items of structural steel in accordance with AISC Specifications and as indicated on the approved Shop Drawings. Page 12 of 24 ii. Materials shall be properly marked and match -marked for field assembly and for identification as to structure and site for which intended. iii. Materials shall be fabricated for delivery sequence which will expedite erection and minimize field handling of materials. iv. Where finishing is required, assembly shall be completed, including welding of units, before start of finishing operation. v. Materials shall be provided such that finish surfaces of members exposed in the final structure are free of markings, burrs, and other defects. b. Connections: i. Bolts and washers of all types and sizes shall be provided for completion of all field erection. ii. CONTRACTOR shall comply with AWS Code for procedures, appearance, and quality of welds used in correcting welded work. iii. CONTRACTOR shall assemble and weld built-up sections to produce true alignment of axes without warp. iv. Welding shall be done by the shielded arc process. v. All welds shall be chipped, ground smooth, and pruned immediately after fabrication. c. Holes for Other Work: i. CONTRACTOR shall provide holes for securing other work to structural steel framing and for the passage of other work through steel framing members, as indicated. ii. CONTRACTOR shall provide threaded nuts welded to framing and other specialty items, as shown in the Drawings, to receive other work. iii. CONTRACTOR shall drill, cut, or punch holes perpendicular to metal surfaces. iv. CONTRACTOR shall not flame cut holes or enlarge holes by burning. v. CONTRACTOR shall drill holes in all bearing plates. d. Finish: i. Surfaces which will be inaccessible after assembly or erection shall be field -finish coated prior to assembly or erection. Page 13 of 24 3. Construction: a. Anchor Bolts: i. CONTRACTOR shall provide anchor bolts and other connectors for securing structural steel to foundations and other in -place work. ii. CONTRACTOR shall provide templates and other devices as needed for the presetting of bolts and other anchors to accurate locations. b. Setting Bases and Bearing Plates: i. CONTRACTOR shall clean bearing surfaces free from bond -reducing materials and then roughen to improve bond to surface. ii. CONTRACTOR shall set loose and attached base plates and bearing plates for structural members using wedges, leveling nuts, or other adjusting devices. iii. CONTRACTOR shall tighten anchor bolts after the supported members have been positioned and plumbed. Do not remove wedges or shims; but if protruding, cut off flush with the edges of the base or bearing plates prior to packing with grout. iv. CONTRACTOR shall pack grout solidly between bearing surfaces and bases so that no voids remain. v. CONTRACTOR shall finish exposed surfaces, protect installed materials, and allow them to cure in strict compliance with the manufacturer's instructions. 4. Field Assembly: a. CONTRACTOR shall set structural frames accurately to the lines and elevations indicated. Align and adjust the various members forming a part of a complete frame or structure before fastening permanently. b. CONTRACTOR shall clean the bearing surfaces and other surfaces which will be in permanent contact before assembly. c. CONTRACTOR shall perform necessary adjustments to compensate for discrepancies in elevation and alignment. d. CONTRACTOR shall level and plumb individual members of the structure within specified AISC tolerances. e. CONTRACTOR shall comply with AISC Specifications for bearing, adequacy of temporary connections, alignment, and removal of paint on surfaces adjacent to field welds. Page 14 of 24 F. Handrails and Railings: 1. Materials: a. Steel Pipe Railing System: i. Rails and posts shall be ASTM A-53 pipe, Grade B, 11h-inch standard pipe. ii. CONTRACTOR shall provide expansion joints in railing and toeboards at expansion joints in structures and as necessary to prevent buckling or buildup of stresses. Expansion joints shall be located within one foot (1') of posts. iii. Finished joints shall be smooth. iv. Posts shall be anchored to the top of walls and decks with a flange base plate. Base plate shall reinforce the bottom end of the post as required to meet OSHA design criteria. v. Steel expansion bolt anchoring system, in accordance with manufacturer's recommendations, shall be used. 2. Construction: a. CONTRACTOR shall install all railing in accordance with approved shop drawings and manufacturer's instructions providing a complete installation. b. CONTRACTOR shall install components plumb and level, accurately fitted, and free from distortion or defects. c. CONTRACTOR shall clean all components as recommended by railing manufacturer. G. Anchor Bolts and Expansion Bolts: 1. Materials: a. Anchor Bolts: i. Anchor bolts complete with washers and nuts shall be fabricated as shown in the Drawings or as specified by the equipment manufacturer and, unless otherwise indicated, shall be hot -dip galvanized carbon steel or 316 stainless steel. Anchor bolts shall, as a minimum, conform to the requirements of ASTM F-1554, Grade 36. b. Expansion Bolts: i. Expansion bolts shall be Power -Stud + SD2 by Powers Fastening Systems, Strong -Bolt by Simpson Strong -Tie Anchor Systems, or equal. Page 15 of 24 2. Construction: a. Anchor Bolts: i. Anchor bolts for structural members shall be located as shown on the Drawings and specified. ii. All dirt or foreign materials shall be removed prior to embedding into concrete. After anchor bolts have been embedded, their threads shall be protected by grease and by installing the nuts or by other means until the time of installation of the equipment or metal work. b. Expansion Bolts: i. Unless otherwise noted on the Drawings, expansion bolt edge distance and spacing shall be in accordance with manufacturer's recommendations. ii. Bolt embedment shall at least equal six (6) bolt diameters. iii. All procedures shall be in accordance with the manufacturer's recommendations. iv. Where location of anchors is adjustable, reinforcing steel shall be located prior to drilling holes and bolts and shall be located to clear reinforcing steel. H. Staff Gauge: 1. CONTRACTOR shall supply and install a USGS staff gauge as detailed in the Drawings. Staff gauge shall be fourteen feet (14') in height. I. Measurement and Payment: 1. CITY will measure and pay for Bid Item #2226 on a lump sum basis acceptably installed. 4. Bid Item #2240 — Furnish and Install WDOT Inlet Median 1 Grate A. All work shall be performed in accordance with Section 2200 of the current edition of the CITY SPECIFICATIONS and Section 611 of the STATE SPECIFICATIONS. B. Structure shall conform with S.D.D. 8C8. C. CITY will measure Bid Item #2240 by each unit acceptably completed. 5. Bid Item #2241— Furnish and Install WDOT Inlet Median 2 Grate A. All work shall be performed in accordance with Section 2200 of the current edition of the CITY SPECIFICATIONS and Section 611 of the STATE SPECIFICATIONS. B. Structure shall conform with S.D.D. 8C8. C. CITY will measure Bid Item #2241 by each unit acceptably completed. Page 16 of 24 6. Bid Item #2527 — Furnish and Install Rock Dam A. Bid Item #2527 shall be installed according to WDNR Technical Standard 1062 for stone ditch checks. Bid Item #2527 shall be twenty four inches (24") tall. Payment for Bid Item #2527 is full compensation for providing all necessary labor, materials, and equipment for furnishing, transporting, and installing all materials and for maintain rock dam until restoration is acceptably completed. Rock dam shall be a permanent erosion control measure. 7. Bid Item #2603 — Install Salvaged Topsoil 6" Depth A. Bid Item #2603 shall be installed at the locations shown on the Drawings in accordance with applicable provisions of Section 2600 of the current edition of the CITY SPECIFICATIONS. CITY will pay for Bid Item #2603 on a lump sum basis acceptably installed. CME's estimate of area of salvaged topsoil is 670,000 square yards. This estimate is provided only to provide the scale of the work during bidding. This estimate is not related to the payment for this work. CONTRACTOR agrees there will be no change in the lump sum price bid unless there is a change, requested by the CITY, in the proposed limits. 8. Bid Item #2610 — Native Seeding, Floodplain Mix A. CONTRACTOR shall provide native seeding as specified below and as shown on the Plans and Special Details: 1. Approved Mixes: a. Wet-Mesic Site Mix @ 12 lb/AC; Ion Exchange, Harpers Ferry, IA. b. Detention Basin Mix @ 12 lb/AC; Prairie Moon Nursery, Winona, MN. c. Shoreline Wet Edge Mix @ 12 lb/AC; Genesis Nursery, Tampico, IL. d. Wet Prairie Seed Mix 12 lb/AC; Taylor Creek Nursery, Inc., Brodhead, WI. e. Floodplain Mix @ 12 lb/AC; Agrecol Corporation, Inc., Madison, WI. 2. Wisconsin Department of Natural Resources (WDNR) maintains a list of restoration nurseries, as contained in various publications and on-line web listings. Alternatives may be considered and/or rejected. 9. Bid Item #2612 — Native Seeding, Mesic Mix A. CONTRACTOR shall provide Native Seeding per Section 2600.2.4 of the current edition of CITY SPECIFICATIONS. Seed Mixture No.70, as specified in Section 630 of the latest edition of the STATE SPECIFICATIONS, shall be utilized for Bid Item #2612. Page 17 of 24 10. Bid Item #2649 — Furnish and Install Medium FieldStone Rip -Rap With Filter Fabric A. Bid Item #2649 shall be installed at the locations shown on the Drawings in accordance with applicable provisions of Section 2600 of the current edition of the CITY SPECIFICATIONS and payment shall be by the square yard acceptably installed. B. Provide Type HR geotextile fabric in accordance with Section 645 of the latest edition of the STATE SPECIFICATIONS. C. Stone for field stone shall be durable stone hauled in from off -site sources. It shall be sound, hard, dense, resistance to the action of air and water, and free from seams, cracks, or other structural defects. The stone shall be field stone. The stone shall consist of varying sizes and weights. Field stone shall not be uniform in color type or geometry. Available on -site field stone meeting specifications herein may be reused for this Project. D. The stone shall be placed randomly. Geotextile fabric shall be installed under the bed. The layout shall be reviewed by CME prior to construction of the outlet protection areas. A suitable foundation shall be provided to preclude settlement. After placement of the field stone mat, all remaining surface voids greater than six inches (6") and less than twelve inches (12") shall be filled with field stone having a diameter of between six (6) and twelve inches (12"). . 11. Bid Item #2659 — Install Articulated Concrete Block Mat Revetment System A. Description: CONTRACTOR shall design, supply, and construct an articulated concrete block mat revetment system for erosion control during overtopping of the inlet spillway and emergency spillway for the anticipated flow. The block size, geotextiles, foundation, and installation procedure shall be per the manufacturer's recommendations. The overall dimensions of the mat system shall be as shown on the Drawings. B. Materials and Submittal: CONTRACTOR shall submit to CME all manufacturer's hydraulic testing and calculations in support of the proposed mat system, associated field installation procedures, and termination details. 1. CONTRACTOR shall furnish the manufacturer's certificates of compliance for concrete blocks/mats, revetment cable, and any revetment cable fittings and connectors. CONTRACTOR shall furnish the manufacturer's shop drawings for the layout of the mats and any recommendations, if applicable, that are specifically related to the Project. Page 18 of 24 2. Certification (Overtopping Flow): Mat systems will only be accepted when accompanied by documented hydraulic performance characteristics that are derived from tests under controlled flow conditions. Testing guidelines should conform to U.S. Federal Highway Administration and U.S. Bureau of Reclamation Testing Protocol as documented in "Minimizing Embankment Damage During Overtopping Flow", Report No. FHWA-RD-88-181, and all hydraulic performance testing shall be performed in a 2H:1V flume. 3. The manufacturer shall meet all requirements pertaining to a concrete unit's durability pertaining to a freeze -thaw environment. 4. Units shall be sampled and tested in accordance with ASTM D-6684-01, Standard Specification for Materials and Manufacture of Articulating Concrete Block Revetment Systems. 5. Articulating concrete block mat shall be: a. ARMORFLEXO or Approved Equal. b. ARMORFLEXO is manufactured by:' ARMORTEC 9025 Centre Point Drive, Suite 4000 West Chester, OH 45069 Phone: (513) 645-7000 Fax: (513) 645-7993 C. Construction: 1. All units shall be sound and free of defects that would interfere with either the proper placement of the unit or impair the performance of the system. 2. Field installation procedures shall comply with the procedures recommended by manufacturer and utilized during the hydraulic testing procedures of the recommended system. All system restraints and ancillary components (such as drainage mediums) shall be employed as they were during testing. For example, if the hydraulic testing installations utilize a drainage layer, then the field installation must utilize a drainage layer. D. Measurement: CITY will measure Bid Item #2659 on a square yard basis that is acceptably completed. The measurement equals the "plan view" area, and not an "on the slope" area. CITY reserves the right to survey the articulated concrete block mat revetment system via GPS to determine the final quantity acceptably completed. Page 19 of 24 E. Payment: CITY will pay the measured quantities acceptably completed at the contract unit price, which is full compensation for providing all necessary labor, equipment, materials, excavation, and associated appurtenances for the complete mat system. 12. Bid Item #2860 - Remove, Salvage, and Relocate Existing Endwall A. CONTRACTOR shall remove, salvage, and relocate existing endwall at locations indicated on the Drawings. B. Payment shall be made for each existing endwall acceptably relocated. 13. Bid Item #2915 — Clear and Grub Zone A A. Bid Item #2915 shall be performed within the disturbed area along the reconstruction limits of Clairville Road as shown on the Drawings in accordance with applicable provisions of Section 2900 of the current edition of the CITY SPECIFICATIONS. Payment shall be at the lump sum bid acceptably completed. 14. Bid Item #2916 — Clear and Grub Zone B A. Bid Item #2916 shall be performed outside the disturbed area along the reconstruction limits of Clairville Road as shown on the Drawings in accordance with applicable provisions of Section 2900 of the current edition of the CITY SPECIFICATIONS. Payment shall be at the lump sum bid acceptably completed. 15. Bid Item #2935 — General Excavation, Rural II Detention Basin A. Bid Item #2935 shall be in conformance with Section 1200 and Section 2900 of the current edition of the CITY SPECIFICATIONS. CME's estimate of general excavation on the Rural II Detention Basin site is 1,344,000 cubic yards. This estimate is provided only to provide scale of the work during bidding. This estimate is not related to the payment for the work. CONTRACTOR agrees that they and their representatives have visited the site and are familiar with the existing conditions, and the CONTRACTOR agrees that the existing ground is accurately represented in the Contract Documents. CONTRACTOR agrees there will be no change in the lump sum price bid unless there is a change, requested by CITY, in the proposed finished elevations. All material from the Rural II Detention Basin site shall be hauled to the Clark -Hill Fill Site and placed to the grades provided on the Drawings. CONTRACTOR shall strip and stockpile the existing topsoil on the Clark -Hill Fill Site and Compass Way Stockpile Site prior to placing Page 20 of 24 fill material. Measurement of Bid Item #2935 will be based on an estimate of amount of work completed and field verified by the CITY within five (5) days prior to the CONTRACTOR submitting their pay request. 16. Bid Item #2936 — General Excavation Clark -Hill Detention Basin A. Bid Item #2936 shall be in conformance with Section 1200 and Section 2900 of the current edition of the CITY SPECIFICATIONS. CME's estimate of general excavation on the Clark -Hill Detention Basin site is 136,000 cubic yards. This estimate is provided only to provide scale of the work during bidding. This estimate is not related to the payment for the work. CONTRACTOR agrees that they and their representatives have visited the site and are familiar with the existing conditions, and the CONTRACTOR agrees that existing ground is accurately represented in the Contract Documents. CONTRACTOR agrees there will be no change in the lump sum price bid unless there is a change, requested by the CITY, in the proposed finished elevations. All excess material from the Clark -Hill Detention Basin site shall be hauled to the Clark -Hill Fill Site and placed to the grades provided on the Drawings. CONTRACTOR shall strip and stockpile the existing topsoil on the Clark -Hill Fill Site prior to placing fill material. Measurement of Bid Item #2936 will be based on an estimate of amount of work completed and field verified by the CITY within five (5) days prior to CONTRACTOR submitting their pay request. SP-15 WATER MAIN CONSTRUCTION 1. Bid Item #4490 — Furnish and Install Valve Box Replacement A. Bid Item #4490 shall be in conformance with Section 4400 of the current edition of the CITY SPECIFICATIONS. Work shall include all materials, labor, and equipment for the removal and replacement of existing valve boxes that cannot be adjusted to final grade. CME and CITY shall review the existing valve box prior to CONTRACTOR performing work. B. Quantity bid is an undistributed amount. No changes to bid pricing allowed based on actual field measurements. 2. Bid Item #4501— Relocate Existing Hydrant A. Bid Item #4501 shall be in conformance with Sections 4000, 4100, 4400, and 4500 of the current edition of the CITY SPECIFICATIONS. Work shall include all materials, labor, and equipment for the complete relocation of hydrants to the locations shown in the Drawings. Page 21 of 24 SP-16 ALTERNATE BID ITEMS The Alternate Bid Item 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 rejected. 1. Alternate Bid Item #2956-1 - Compaction of Southern 20 Acres of Clark -Hill Fill Site A. This Alternate Bid Item shall modify compaction requirements of Section SP-12 on the southern 20 acres of the Clark -Hill Fill Site. Compaction of all fill materials shall be to 95% Modified Proctor with nine -inch (9") loose lift thickness. Material shall be within ±3% of optimum moisture content. "Farming" of soil to dry it within ±3% of optimum moisture content may be necessary and should be anticipated by the CONTRACTOR. No additional payment will be made for any moisture condition required to achieve compaction to 95% of modified proctor, including watering, if required. B. Payment for Bid Item #2956-1 shall be on a Lump Sum ADD or DEDUCT basis. Payment will be made based on the percent acceptably complete of fill placement in the southern 20 acres of the Clark -Hill Fill Site. 2. Alternate Bid Item #2958-2 - Compaction of Northern 60 Acres of Clark -Hill Fill Site A. This Alternate Bid Item shall modify compaction requirements of Section SP-12 for the northern 60 acres of the Clark -Hill Fill Site. Compaction of all fill materials shall be to 95% Modified Proctor with nine -inch (9") loose lift thickness. Material shall be within ±3% of optimum moisture content. "Farming" of soil to dry it within ±3% of optimum moisture content may be necessary and should be anticipated by the CONTRACTOR. No additional payment will be made for any moisture condition required to achieve compaction to 95% of modified proctor, including watering, if required. B. Bid Item #2958-2 shall modify the substantial completion date in Section SP-3 from Friday, November 1, 2024 to Friday, August 29, 2025 and the final completion date in Section SP-4 from Wednesday, November 22, 2024 to Friday,September 12, 2025. Final payment shall be made in September 2025, assuming all of the CITY -required closeout documentation has been submitted by the CONTRACTOR and approved of by the CITY. Page 22 of 24 C. Payment for Bid Item #2958-2 shall be on a Lump Sum ADD or DEDUCT basis. Payment will be made based on the percent acceptably complete of fill placement in the northern -60 acres of the Clark -Hill Fill Site. 3. Alternate Bid Item #2960-3 - Temporary Paving of Clairville Road A. This Alternate Bid Item shall modify the work schedule and surfacing requirements for Clairville Road. Work on the Project is encouraged in 2023, but Clairville Road must have a hard surface for plowing during winter conditions prior to asphalt plants shutting down for the season. This means that CONTRACTOR can completely finish a portion of Clairville Road and pave to final grade, or CONTRACTOR may temporarily pave Clairville Road. SP-17 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. CAD Data Files Conditions of Use Agreement By downloading this Bid package, the Bidder agrees with the following LandXML Conditions of Use Agreement: LandXML files of the surface models from the Bidding Documents for the Sawyer Creek Rural II Detention Basin (referred to as Files), 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 Plans 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 inn the Files can be modified by subsequent users, unintentionally or otherwise, or altered by the computer system itself, all indications of the City of Oshkosh or its consultants' involvement have been removed from each electronic display. Page 23 of 24 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 and its consultants 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 LandXML Version 1.2 and were generated from AutoDesk Civil 3D 2013. 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 24 of 24 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 Cortditiom and/or CONTRACTOR's Proposal. ARTICLE III. PAYMENT (a) The CONTRACT Sum. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT the sum of Dollars ($ ), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above -mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the CONTRACT the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's Proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the CONTRACT. (b) Progress Payments. In the event the time necessary to complete this CONTRACT is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. I:\Engineering\Tracy Taylor\Public Works Contracts\ Contract Book Skeleton\Blank Constmction Page 1 of Contract Form 6-21-23.docx ARTICLE IV. STANDARD PROVISIONS The CONTRACTOR agrees in all hiring or employment made possible by or resulting from this CONTRACT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE V. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims, and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, their agents or assigns, their employees, or their subcontractors related however remotely to the performance of this CONTRACT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE VI. INSURANCE The Insurance required by the CITY as specified in the CITY's Specifications, including Addenda, or Plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self- insurance maintained by the CITY, its officers, council members, agents, employees, or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this CONTRACT, or the Specifications, whichever is longer. ARTICLE 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, Wiscolisin 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this CONTRACT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. I: \Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 2 Of 3 Contract Form 6-21-23.docx IT IS HEREBY DECLARED, UNDERSTOOD, AND AGREED that the word "CONTRACTOR" wherever used in this CONTRACT means the party of the second part and its/his/her/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this CONTRACT to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said CITY, and the party of the second part hereunto set its, his/her, or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR 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 is \Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 3 of 3 Contract Form 6-21-23.docx BID BOND CITY OF OSHKOSH Contract Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization SURETY(IES) (Legal Name(s) and Business Address(es)) OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION —Individual _ Partnership Corporation State of 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 SURETY(IES) (Legal Name(s) and Business Address(es)) OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION _ Individual — Partnership _ Corporation State of 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. Wimlebago 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