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HomeMy WebLinkAbout23-18 Asphalt Pavement Program SpecsSPECIFICATIONS CITY CONTRACT 23-18 ASPHALT PAVEMENT PRESERVATION PROGRAM FOR CITY OF OSHKOSH, WISCONSIN TABLE OF CONTENTS OFFICIAL NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL SPECIAL CONDITIONS CONTRACT AND BONDS OFFICIAL NOTICE TO CONTRACTORS OFFICIAL NOTICE TO CONTRACTORS NOTICE IS HEREBY GIVEN that electronic bids will be received up to 11:00 a.m., Monday, July 17, 2023, through the online bidding service of QuestCDN.com, www.OuestCDN.com, for the construction of asphalt maintenance, 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 23-18 — ASPHALT PAVEMENT PRESERVATION PROGRAM Approx. 20,100 sq. yds. of GSB-88 Seal Coat with Sand Approx. 40,200 sq. yds. of pavement chip seal Approx. 750 gal. of oil and Approx. 24 tons of aggregate for spray patching 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, July 6, 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, July 12, 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 Wednesday, June 21, 2023. Download the digital plan documents for a non-refundable fee of $42 (Forty Two Dollars) by inputting Quest Project No. 8562223 on the website's Project Search page. Please contact QuestCDN.com at (952)233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital Project information. Plans and Specifications may be reviewed at the office of the City Engineer, Room 301 of City Hall, beginning Wednesday, June 21, 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: June 18 and 25, 2023 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS I13-1 DESCRIPTION OF WORK Under this Contract, the City of Oshkosh (CITY) will receive bids for construction of work as stated in the Proposal. I13-2 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.q-uestcdn.com. Free previews of the Contract Documents are available at httl2://qap.questcdn.com/qal2lprojectslpr browse/ipp prj browse html?group=455396& provider=455396. Supplemental information may be available on the CITY's website (see Contract Documents). The CITY will not provide printed copies of the Plans and Specifications for prospective bidders. Additional copies of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin are available for purchase from the City Engineer's office for $25 (Twenty Five Dollars) each. IB-3 PREQUALIFICATION OF CONTRACTORS The Wisconsin Statutes, under Section 66.29, permits the prequalification of all contractors interested in submitting a bid on a municipal project. Prequalification is required for every Contract. Contractors must contact the Department of Public Works to obtain the Prequalification Questionnaire. THIS QUESTIONNAIRE MUST BE COMPLETED AND RETURNED TO THE DIRECTOR OF PUBLIC WORKS BY THE DATE SPECIFIED IN THE OFFICIAL NOTICE TO CONTRACTORS. IF, IN THE OPINION OF THE CITY MANAGER, THE CONTRACTOR IS NOT QUALIFIED TO CARRY OUT THE PROVISIONS OF THIS CONTRACT, THE CONTRACTOR WILL BE NOTIFIED. IB-4 SECTIONS TO BE READ BY THE CONTRACTOR Before submitting a bid, all contractors and subcontractors shall read the Official Notice to Contractors, Instructions to Bidders, Special Conditions, current edition of the Standard Specifications for City of Oshkosh, Wisconsin, and Contract, all of which contain provisions applying to all contractors and subcontractors. The CONTRACTOR agrees by submitting its Bid that it is familiar with every and all requirements for carrying out the Contract for which the Bid is submitted. Page 1 of 4 I13-5 EXAMINATION OF PLANS AND SITE Bidders must satisfy themselves as to the accuracy of the schedule, the quantities of work to be done, the intent of the Specifications, and the requirements of the CITY and the ENGINEER by personal examination of the location and the proposed work by examining the Plans on file with the CITY and/or by such other means as they may prefer. The bidders are expected to make a thorough examination and familiarize themselves with the site of the work, nature of the soil, and all local conditions affecting the execution of the work. Bidders are required to inform themselves fully of the conditions relating to the construction and the labor under which the work is to be done or is now being performed. The successful bidder must employ as far as possible methods and means for carrying out this work as will not cause any interference or interruption with other contractors. Any questions or discrepancies regarding the nature or quantities of the work must be brought to the CITY's and/or ENGINEER's attention prior to the submission of a bid. If appropriate, clarification or an Addendum will be issued to all potential bidders. The CONTRACTOR agrees by submitting its Bid that it has understood the nature of the work and the estimated quantities for the Project for which the Bid is submitted. IB-6 PROPOSAL FORM All bids shall be electronically submitted through QuestCDN.com (www.auestcdn.com), including all required attachments. Failure to upload all required attachments will result in the Bid being considered incomplete and the Bid will be rejected. The CONTRACTOR's Proposal and any required attachments can be uploaded and revised at any time prior to the bid opening. The CITY's issuance of Addenda may require CONTRACTOR to update their Proposal or revise previously -uploaded attachments. I13-7 TIME OF COMPLETION When required as part of the Bid, the CONTRACTOR shall specify the number of calendar days after the award of the Contract when the CONTRACTOR will begin the work and the number of calendar days they will require to complete the work. A calendar day is considered twenty-four (24) hours. The CONTRACTOR may be granted an extension of time as provided in the Specifications. Page 2 of 4 When a CONTRACTOR is delayed for any reason whatsoever, and such delay may prevent the CONTRACTOR from completing the Contract within the time specified, the CONTRACTOR may apply for an extension of time to the CITY, but such request must be made in writing within five (5) days after CONTRACTOR becomes aware of the delay. The request shall clearly and concisely set forth the cause of the delay and the extension of time requested. The CITY will review the request and may extend the time of completion in accordance with the Contract. The Contract shall be considered completed when, in the judgment of the ENGINEER, all work called for in the Specifications has been completed and the construction becomes usable to the CITY. IB-8 REQUIREMENT FOR SIGNING BIDS A. Bids which are not signed by individuals making them should have attached power of attorney evidencing authority to sign the Bid in the name of the person for whom it was signed. B. Bids which are signed for a partnership should be signed by all of the partners, or by an attorney -in -fact. If signed by an attorney -in -fact, there should be attached to the Bid a power of attorney, evidencing authority to sign the Bid, executed by the partners. C. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name followed by the word, "By It 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 l PROPOSAL FOR CITY CONTRACT 23-18 ASPHALT PAVEMENT PRESERVATION PROGRAM 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 Oslikosh, Wisconsin; the form of the Proposal; the form of the Contract; the form of the Bonds; Plans; S12ecial 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 asphalt maintenance, and appurtenant work in and for the City of Oshkosh, Wisconsin, all in accordance with the Plans and Specifications on file, including Addenda Nos. issued thereto for these following prices: SECTION I BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTV. Mobilization; complete as Lump 1050 specified Sum 1 $ $ Spray patching; labor and equipment; complete as 1921 specified Hours 24 $ $ Spray patching; CRS-2 emulsion; complete as 1922 specified Gallons 750 $ $ Spray patching; fractured graiute aggregate; complete 1923 as specified GSB-88 seal coat with sand; 1924 complete as specified Tons 24 $ Square Yards 20,100 $ Page 1 of 7 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Pavement chip seal; complete Square 1925 as specified Yards SUBTOTAL SECTION I — CONTRACT 23-18 40,200 $ SECTION I (ITEMS 1050 —1925) $ Page 2 of 7 CITY CONTRACT 23-18 BOWEN STREET SANITARY INTERCEPTOR SEWER AND STORM SEWER CONSTRUCTION SUBTOTAL SECTION I (ITEMS 1050 -1925) $ GRAND TOTAL OF CITY CONTRACT 23-01 (ITEMS 1050 -1925) Page 3 of 7 CONTRACT 23-18 ATTACHMENT A LIST OF SUBCONTRACTORS Pursuant to Section 66.29(7), Wisconsin Statutes, the Bidder, as part of this Proposal, submits this full and complete list of all the Subcontractors and the class of work to be performed by each. The CONTRACTOR will be permitted to sublet a portion of the Contract, but shall perform with their organization work amounting to at least thirty percent (30%) of the original Contract amount. Work performed by the CONTRACTOR for any Bid Item that had been subcontracted will not be included towards the thirty percent (30%) calculation. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of their Subcontractor and of the persons either directly or indirectly employed by their Subcontractor as they are by acts or omissions of persons directly employed by themselves. All Subcontractors, if any, shall be listed in the spaces provided on the Proposal Form and said list shall not be added to or altered without the written consent of the CITY. Signed, final waivers of lien will need to be provided to the CITY prior to the release of the final retainage to the CONTRACTOR. When a Subcontractor and the class of work to be performed are not listed, it shall be considered that the Bidder will perform the work themselves. PERCENT OF NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT I hereby certify that the use of the name(s) of the above Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). Signature of Bidder Page 4 of 7 CONTRACT 23-18 ATTACHMENT B Bidders for this Contract must be Pre -Qualified for at least the following Total Contract Amount: $100,000 Bidders for this Contract must also be Pre -Qualified for at least One of the Following Type(s) of Construction Denoted by a N. 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 ❑ Asphalt Maintenance Miscellaneous Page 5 of 7 CONTRACT 23-18 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 6 of 7 CONTRACT 23-18 PROPOSAL The undersigned will begin work as specified after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of a Partnership consisting of or an individual trading as of the City of : State of That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. Signature (Title, if any) Subscribed and sworn to before me this day of 20 Notary Public, or other authorized to administer (Bidder should not add any conditions or qualifying statements to this Proposal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement.) Accompanying this Proposal is a Bid Bond in the amount of % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 7 of 7 SPECIAL CONDITIONS SPECIAL CONDITIONS CONTRACT 23-18 ASPHALT PRESERVATION PROGRAM SP-1 BID OPENING The bid opening for Contract 23-18 will be held in Room 310 of City Hall. Also, please note, public access to Contract 23-18's bid opening will also be handled through WebEx. To join Contract 23-18's bid opening through WebEx, please copy and paste this link into your web browser: https://cityofoshl<osh.my.webex.com/ciiyofoshkosh.my/j. php?MTID=m5a56549a7 1413fd05a754c29c88048d8 The meeting number (access code) for this Bid opening is 2559 500 3886. The meeting password via web browser is UAuvTgCY667. If you wish to join by telephone, please call 1-510-338-9438. To join from a video system or application, dial 25595003886@webex.com or dial 173.243.2.68 and enter the meeting number listed above. The meeting password for telephone or video system is 82888429. To join from a mobile device, enter +1-510-338-9438„ 25595003886#82888429#. Some mobile devices may ask.attendees to enter a numeric meeting password; use the password listed above for telephones or video systems. If you need help, please go to http://help.webex.com. SP-2 COMPLETION AND LIQUIDATED DAMAGES It is anticipated the award of this work will be on Tuesday, July 25, 2023. It is anticipated the CONTRACTOR will be able to start construction work on Monday, August 7, 2023. Page 1 of 15 The substantial completion of this Project shall be Friday, September 151h 2023. As stated in Section 100.9 of the current edition of the Standard Specifications for City of Oshkosli, 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 iri default in completing the work after the time fixed in the Contract, or after any later date to which the time for completion may have been extended by the CITY, from any monies due or to become due the CONTRACTOR under the Contract, at any time after such damages are so incurred. The permitting of the CONTRACTOR to finish the work, or any part of it, after the time fixed for its completion or after the date to which the date of completion may have been extended, shall in no way operate as a waiver on the part of the CITY of any of its rights under the Contract. SP-3 SCOPE OF WORK The work under this Contract consists of the public pavement preservation within the locations identified in the Plans. Page 2 of 15 SP-4 MAINTENANCE OF TRAFFIC In addition to the provisions listed in Section 100.53 of the current edition of the CITY SPECIFICATIONS, the following apply to Contract 23-18: • 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 message boards one (1) week prior to starting construction. Message boards shall be, at a minimum, clean, professionally made and printed, and made with reflective materials. The CONTRACTOR shall maintain access (vehicular and pedestrian) to all businesses at all times throughout the duration of the Project. This may include, but is not limited to, the building of Americans with Disabilities Act (ADA) compliant ramps or bridges into buildings. There is a GO TRANSIT bus route within and adjacent to this Project: • The No. 2 Bus Route travels west along Linwood Avenue, passing through the construction limits. For any bus routes that will be impacted by the construction activities, the CONTRACTOR shall give GO TRANSIT (Oshkosh Transit) two (2) weeks' notice, so GO TRANSIT can set up the necessary detour routes. Access for garbage and recycling collection will be required for all streets in this Contract. 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. SP-5 NOTES TO BIDDERS As stated in Section 100.10.1 of the CITY SPECIFICATIONS, CONTRACTOR shall furnish a Bid Bond, Performance Bond, and Payment Bond on forms provided by the CITY. All questions about the meaning or intent of these Specifications and Plans are to be submitted to the CITY via e-mail to Alyssa Deckert Page 3 of 15 (adecicert@ci.oshlcosh.wi.us) by 4:30 p.m. on Wednesday, July 12, 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-6 CONCRETE AND ASPHALT PAVING CONSTRUCTION 1. Bid Item #1921— Spray Patching, Labor and Equipment; Bid Item #1922 — Spray Patching, CRS-2 Emulsion; and Bid Item #1923 — Spray Patching, Fractured Granite Aggregate A. PART 1—GENERAL a. This work shall consist of furnishing all materials, equipment, and labor necessary for the application of spray injector patching. b. Work includes streets and locations identified in the Drawings to be provided with spray patching. The work shall consist of repairing pavement distressed areas such as potholes, wide cracks, cupped cracks, minor alligatored areas, road edge deterioration, and minor surface leveling, as needed. 2. MEASUREMENT AND PAYMENT a. Payment for Spray Patching shall be made according to the following: i. Labor and equipment: Price per Hour. ii. CRS-2 Emulsion: Price per Gallon. iii. Fractured granite aggregate: Price per Ton. b. Payment for Traffic Control is considered incidental and shall be included in the Bid for Spray Patching. c. Payment for Erosion Control is considered incidental and shall be included in the Bid for Spray Patching. 3. REFERENCES a. Standard Specifications: Unless otherwise indicated, Standard Specifications shall refer to the State of Wisconsin Department of Transportation, Standard Specifications for Highway and Structure Construction, current edition, including all issued supplemental specifications. 4. SUBMITTALS a. Prior to the commencement of any pavement maintenance, shop drawings shall be submitted to ENGINEER for approval. Page 4 of 15 b. Document and provide receipt of materials installed by street or series of connecting streets by day. Shall include the following: i. Volume of asphaltic material seal coat placed in gallons. ii. Hours of spray patching. iii. Tons of granite aggregate. B. PART 2 — PRODUCTS 1. GENERAL a. Asphaltic material shall be CRS-2 asphalt emulsion oil. b. Aggregate shall be a FA2 size washed class A fractured granite stone. c. The aggregate shall meet the requirements of the sieve specifications and conform to the following sieve size: Sieve Size Percent Passing 1/2 inch 100% 3/8 inch 100% 1/4 inch 100% No. 4 0-100% No. 8 0-45% No. 16 0-15% No, 50 0-7% No. 100 0-4% No. 200 0-2% C. PART 3 —EXECUTION 1. EQUIPMENT a. The spray injection equipment must be a self-contained unit with a heated emulsion tank. The stone hopper capacity should be adjustable to calibrate to the emulsion applied. The oil shall be pumped to the injector nozzle by compressed air and mixed in an injector ring that coats 100% of the aggregate before it leaves the spray nozzle. The spray injection equipment shall be capable of cleaning the surface to be patched, spray the tack coat, combine aggregate and hot asphalt to fill and repair, and finish the repair with a final dust coat of aggregate all through the same nozzle. A rear - mounted multi -function digital arrow board shall be mounted directly on the spray patching equipment to alert traffic. Page 5 of 15 2. TRAFFIC CONTROL AND NOTIFICATION a. Traffic control for street closure shall be provided in advance of spray patching and shall remain in place for at least two (2) to four (4) hours or until asphaltic material has cured. b. CONTRACTOR shall provide a 1-week notification to CITY prior to work and post temporary no -parking signs along the intended project area. c, Temporary traffic control shall be provided to protect freshly -placed material. 3. CONSTRUCTION METHODS a. Clean distressed area using the high -volume blower function on spray patching arm nozzle. b. Spray a layer of emulsion as a tack coat on the sides and bottom of the distressed area through the spray nozzle. c. Spray a combination of hot emulsion and aggregate through the spray nozzle into the area until filled. d. Apply a finishing coat of dry aggregate over the distressed area through the spray patching arm nozzle. e. Open the repair to traffic as necessary. 2. Bid Item #1924 — GSB-88 Seal Coat with Sand A. PART 1— GENERAL 1. SUMMARY a. Work includes streets identified in the Drawings to be provided with a single GSB-88 Seal Coat with Sand applied for skid control. b. The work shall consist of asphaltic material seal coating with stone cover aggregate. The work shall be done in accordance with Sections 455 and 475, State of Wisconsin Department of Transportation Standard Specification for Highway and Structure Construction with the special provisions for aggregate as identified below. 2. MEASUREMENT AND PAYMENT a. Payment for GSB-88 Seal Coat with Sand shall be made at the square yard bid for each street and shall consist of furnishings of all materials, equipment, and labor necessary for the application as specified. b. Payment for Traffic Control is considered incidental and shall be included in the square yard price bid for GSB-88 Seal Coat with Sand, Page 6 of 15 3 4. c, Payment for Erosion Control is considered incidental and shall be included in the square yard price bid for GSB-88 Seal Coat with Sand. REFERENCES a. Standard Specifications: Unless otherwise indicated, Standard Specifications shall refer to the State of Wisconsin Department of Transportation, Standard Specifications for Highway and Structure Construction, current edition, including all issued supplemental specifications. SUBMITTALS a. Prior to the commencement of any pavement maintenance, shop drawings shall be submitted to ENGINEER for approval. b. Document and provide receipt of materials installed by street or series of connecting streets by day. This shall include the following: i. Volume of Asphaltic Material Seal Coat material placed in gallons. ii. Application Rate of Asphaltic Material Seal Coat in Gallons/SY. c. Traffic Control shall meet MUTCD standards and be approved by CITY. Streets must be sealed one (1) side at a time to allow for the sealant to cure prior to allowing any traffic to drive on it. CONTRACTOR shall maintain traffic control in a manner that provides maximum safety and the least possible interruption for the public. Signs, barricades, flaggers, and any other traffic control devices are the responsibility of CONTRACTOR. Unless requested otherwise by CITY, all work included in this Contract shall be done under traffic. Traffic control shall meet the requirements of the Manual on Uniform Traffic Control Devices (MUTCD). d. CONTRACTOR shall submit samples of diluted, ready -to -apply bituminous material as requested by CITY. In cases where product samples do not meet material specifications outlined below, CONTRACTOR shall be responsible for all costs of testing. In addition, CONTRACTOR shall not be paid for areas where non- conforming product has been applied and shall continue work only after satisfying CITY, or their designee, that CONTRACTOR is installing the specified material. e. CONTRACTOR shall furnish manufacturer's certification that the material is the type, grade, and quality specified for each load of bituminous material delivered. The certification shall show the shipment number, refinery, consignee, destination, contract number, and date of shipment. Page 7 of 15 B. PART 2 — PRODUCTS 1. GSB-88 SEAL COAT a. Specifications for GSB-88® Concentrate are as follows: i. Saybolt Viscosity at 77°F (25°C) ASTM D 244: 20 to 100 seconds. ii. Residue by Distillation, or Evaporation: 57% min. iii. Sieve test ASTM D 244 (two tenths of one %): 0.2%. iv. 5 day Settlement Test ASTM D 244: 5.0% max. v. Particle charged) ASTM D 244: Positive. b. Specifications for GSB-88® Ready to Apply: i. Saybolt Viscosity at 77°F (25°C) ASTM D 244: 10 to 50 sec. ii. Residue by Distillation, or Evaporation: 28% to 42%. iii. Pumping Stability Test(2): Pass. c. Tests on Residue from Distillation, or Evaporation: i. Viscosity ASTM 275°F (135°C) ASTM D 4402: 1,750 cps max. ii. Solubility in 1,1,1 trichloroethylene ASTM D 2042: 97.5% min. iii. Penetration ASTM D 5: 50 dmm max. iv. Asphaltenes ASTM D 2007: 15% min. v. Saturates ASTM D 2007: 15% max. vi. Polar Compounds ASTM D 2007: 25% min. vii. Aromatics ASTM D 2007: 15% min. MpH may be used in lieu of the particle charge test, which is sometimes inconclusive in slow setting, bituminous emulsions. (2)Pumping stability is tested by pumping 1 pint, (475 ml) of GSB-88® diluted 1 part concentrate to 1 part water, at 77°F (25°C), through a 1/4 inch gear pump operating 1,750 rpm for 10 minutes with no significant separation or coagulation. d. Storage and Handling Instructions: GSB-88® may be stored and handled like any standard asphalt emulsion. Vertical storage tanks are recommended. The storage tank should be equipped with a slow revolution mechanical agitator. Hot water heating coils, or electrical coils, or electrical heaters are required in colder climates to prevent the emulsion from freezing. Positive displacement gear pumps should be used to transfer and apply GSB-88® materials. Storage and handling temperature are 50°F (10°C) to 160°F (71°C). GSB-88® should be protected from freezing, or whenever outside temperature drops below 40°F (4°C) for prolonged time periods. e. Seal Coat shall be GSB-88 emulsified, cationic sealer/binder manufactured by Asphalt Systems, Inc. and conform to the following as recommended by the manufacturer: Page 8 of 15 i. Dilution: Varies based on conditions. 1) 1 part GSB-88 to 1 part water for most applications. 2) 2 parts GSB-88 to 1 part water for use on hills where run off may be a concern or on very rough surface texture pavements. ii. Rate of application: Varies based on dilution. 1) For 2:1 dilution, 0.08 to 0.12 Gallons/SY. 2) For 2:1 dilution, 0.10 to 0.15 Gallons/SY. 3) Exceeding the recommended rates of application is not recommended without consulting manufacturer. iii. Application Temperature: Not less than 130°F or more than 160°F. 2. SAND a. Sand shall be highly fractured Blackjack or Black Diamond Sand and conform to the following: Rate of Application: 0.2 to 0.5 Pounds/SY. Rate of application should be adjusted to obtain the desired surface friction to provide skid control. C. PART 3 —EQUIPMENT 1. GSB-88® a. GSB-880 may be applied with standard bituminous distributors. The equipment must be in good working order and contain no contaminants or diluents in the tank. Spreader bar tips must be clean, free of burrs, and adjusted for regulated flow. Any type of tip or pressure source is suitable that will maintain predetermined flow rates and constant pressure during the application process. The equipment should be tested under pressure for leaks so that it is in working order before use. No special mixing equipment is necessary since GSB-880 concentrate may be diluted in the spreader tank. b. MINI DISTRIBUTOR: i. In areas where a standard distributor cannot fit or can cause problems to asphalt due to weight, a Mini Distributor will be required. The Mini Distributor must be in good working order and contain no contaminants or diluents in the tank. Spreader bar tips must be at least six feet (6') in length, clean, free of burrs, and adjusted for regulated flow. Any type of tip or pressure source is suitable that will maintain predetermined flow rates and constant pressure during the application process. The equipment should be tested under pressure for leaks so that it is in working order before use. This Equipment must also feature a way to keep GSB-880 up to recommended temperature for Page 9 of 15 application and feature a hand spraying unit that can be shut off and turned on by hand to properly spray all radius and hard to get areas. This piece of equipment must also be able to apply sand at the correct application rate for Project. c. DILUTION EQUIPMENT: i. When diluting GSB-880 on site, make sure you have proper storage tanks to keep GSB-88® heated. A tank or water source will also be required so hot water can be mixed on top of the GSB- 88® Concentrate in your standard bituminous distributor. D. PART 4 —EXECUTION 1. TRAFFIC CONTROL AND NOTIFICATION a. CONTRACTOR shall provide a 1-week notification to CITY prior scheduled asphaltic material seal coat date and post temporary no - parking signs along the intended project areas. b. CONTRACTOR shall notify the business and residents of each street two (2) days prior to the bituminous sealing operation. No Parking signs may be posted prior to the surfacing at CONTRACTOR's expense. c. In addition to any signs required by standard practices, "ROAD WORK AHEAD" and "FRESH OIL" signs shall be placed at each end of the road section being sealed and shall remain in place until all work on that road section is complete. 2. SURFACE PREPARATION a. CITY will repair and patch all major pavement defects with suitable bituminous crack filler prior to seal coating. b. Remove vegetation from cracks or joints. c. Immediately prior to applying asphaltic material seal coat to the existing asphalt, pavement shall be thoroughly cleaned. Dust and other loose material in depressions or other places not reached or removed by mechanical sweepers and vacuums shall be swept with hand brooms or by blowers or flushers. Particular care shall be taken to thoroughly clean the outer edges of the areas to be overlaid. Scrape all oil spots to remove excess oil and dirt. 3. APPLYING SEAL COAT a. Seal coat shall be hand sprayed along concrete curb and gutters. A pressure distributor shall be used when applying the seal coat according to the manufacturer's recommendations. Care shall be taken to prevent excess bleeding or run off of seal coat into the adjacent curb and gutters and City storm sewers. Cleanup should Page 10 of 15 be provided if this occurs. The pressure distributor shall be capable of maintaining the asphalt emulsion at the specified temperature. The spray bar nozzles shall produce a uniform fan spray, and the shutoff shall be instantaneous, with no dripping. Each pressure distributor shall be capable of maintaining the specified application rate. Means shall be provided for accurately indicating the temperature of the asphalt material at all times. Material temperature will be applied at 130°F or above, but not to exceed 160°F. Application will be full -width equipment capable of applying without a center seam. b. Manhole castings, inlets, and water valve boxes located within the seal coat area shall be covered and protected so that absolutely no seal coat will be applied. If castings are covered by chip sealing, CONTRACTOR will be responsible to clean and or replace the lids at their own expense. c. CONTRACTOR to conduct seal coat operations in accordance with the following: i. Not after Thursday, August 31, 2023. ii. Work only during daylight hours. At least three (3) hours of daylight should remain after completion of the application. iii. Start when the pavement and air temperature are 65°F and rising. iv. The road surface is dry and there shall be no standing water. v. Do not apply when rain is anticipated within eight (8) hours after application is completed. vi. Do not perform work during foggy weather. vii. Do not apply on extremely windy days. d. Under normal conditions, curb time is 2 to 8 hours. CONTRACTOR shall protect work during this time. 4. SANDING a. Sanding should be done at the same time bituminous material is applied. 5. CLEAN UP a. GSB-88® that has not dried may be cleaned up with water. Dried GSB-88® may be removed with degreasing solvents. 6. DAMAGE TO PROPERTY a. It shall be the responsibility of CONTRACTOR to investigate any claims of private property damage that is claimed as a cause of the Project. CONTRACTOR shall notify CITY of any such claims within a timely manner. Page 11 of 15 3. Bid Item #1925 — Pavement Chip Seal A. PART 1— GENERAL 1. SUMMARY a. Work includes the surface(s) or streets identified in the Drawings to be provided with a single pavement chip seal. b. The work shall consist of pavement seal coating with stone cover aggregate. The work shall be done in accordance with Sections 455 and 475, State of Wisconsin Department of Transportation Standard Specification for Highway and Structure Construction with the special provisions for aggregate as identified below. c. Materials furnished and used in the work shall conform to the requirements of Section 475. Aggregate must be washed crushed granite stone classified as a Class A aggregate. Aggregate to be medium gray in color. Limestone, pea stone, and boiler slag are not permitted. 2. MEASUREMENT AND PAYMENT a. Payment for Pavement Chip Seal shall be made according to square yard bid provided for each street and shall consist of furnishing of all materials, equipment, and labor necessary for the application as specified. b. Payment for Traffic Control is considered incidental and shall be included in the square yard price bid for Pavement Chip Seal. c. Payment for Erosion Control is considered incidental and shall be included in the square yard price bid for Pavement Chip Seal, 3. REFERENCES a. Standard Specifications: Unless otherwise indicated, Standard Specifications shall refer to the State of Wisconsin Department of Transportation, Standard Specifications for Highway and Structure Construction, current edition, including all issued supplemental specifications. 4. SUBMITTALS a. Prior to the commencement of any pavement maintenance, shop drawings shall be submitted to ENGINEER for approval. b. Document and provide receipt of materials installed by street or series of connecting streets by day. Shall include the following: i. Volume of asphaltic material seal coat placed in gallons. ii. Application rate of asphaltic material seal coat placed in Gallons/SY. Page 12 of 15 B. PART 2 —PRODUCTS 1. ASPHALTIC MATERIAL SEAL COST a. Asphaltic Material Seal Coat to be CRS 2P at the following: i. Rate of application: 0.30 ± 0.03 Gallons/SY. Supplement 455.2.4.3 (1) of the Standard Specifications with the following: Furnish material conforming, before dilution, to the following: Polymer modified cationic emulsified asphalt AASHTO M 316. ii. Application Temperature: Not less than 150°F or more than 180°F. 2. COVER AGGREGATE a. Cover aggregate shall be a FA2 fractured granite at the following: i. Sieve specification and conform to the following sieve size: Sieve Size Percent Passing 1/2 inch 100% 3/8 inch 100% 1/4 inch 100% No. 4 0-100% No. 8 0-45% No. 16 0-15% No. 50 0-7% No. 100 04% No. 200 0-2% ii. Rate of application: 20 ±3 Pounds/SY. C. PART 3 —EXECUTION 1. TRAFFIC CONTROL AND NOTIFICATION a. Traffic control for street closure shall be provided in advance of chip seal and shall remain in place until cover aggregate has bonded and asphaltic material seal coat has cured. b. CONTRACTOR shall provide a 1-week notification to CITY prior scheduled chip seal date and post temporary no -parking signs along the intended project areas. Page 13 of 15 2. SURFACE PREPARATION a. Immediately prior to applying emulsion oil binder to the existing asphalt, pavement shall be thoroughly cleaned. Dust and other loose material in depressions or other places not reached or removed by mechanical sweepers and vacuums shall be swept with hand brooms or by blowers or flushers. Particular care shall be taken to thoroughly clean the outer edges of the areas to be chip sealed. 3. SEAL COAT a. A pressure distributor shall be used when applying the seal coat according to the manufacturer's recommendations. Care shall be taken to prevent excess bleeding or run-off of seal coat into the adjacent curb and gutters and City storm sewers. Cleanup should be provided if this occurs. The pressure distributor shall be capable of maintaining the asphalt emulsion at the specified temperature. The spray bar nozzles shall produce a uniform fan spray, and the shutoff shall be instantaneous, with no dripping. Each pressure distributor shall be capable of maintaining the specified application rate. Means shall be provided for accurately indicating the temperature of the asphalt material at all times. The thermometer well shall not be in contact with a heating tube. Application will be full -width equipment capable of applying without a center seam. b. Manhole castings, inlets, and water valve boxes located within the seal coat area shall be covered and protected so that absolutely no seal coat will be applied. If castings are covered by chip sealing, the CONTRACTOR will be responsible to clean and or replace the lids at their own expense. c. CONTRACTOR to conduct seal coat operations in accordance with the following: i. Not after Thursday, August 31, 2023. ii. Work only during daylight hours. iii. Start when the pavement and air temperature are 60°F and rising. iv. The road surface is dry and there shall be no standing water. v. Do not apply before impending rains if rain will damage the material before placing and rolling the cover aggregates. vi. Do not perform work during foggy weather. 4. APPLYING AND ROLLING COVER AGGREGATE a. Cover aggregate shall be immediately spread uniformly after application of seal coat with a full -width self propelled chip spreader. Page 14 of 15 b. Cover aggregate shall be rolled in two (2) separate efforts. The initial rolling shall consist of one (1) complete coverage performed with a pneumatic -tired roller and shall begin immediately behind the spreader. Rolling shall start at the edges and continue to the center, lapping one-half (1/2) the roller width on each successive trip. Binder and screenings shall not be spread more than 500 feet ahead of completion of the initial rolling operations. Secondary rolling shall begin immediately after completion of the initial rolling. The amount of secondary rolling shall be sufficient to adequately seat the screenings and in no case shall be less than two (2) complete coverages. Rolling shall be continued until the aggregate for the seal coat cover is thoroughly embedded and the surface is smooth and uniform in texture. 5. POST SWEEP CLEANUP a. Loose cover aggregate shall be swept and removed within 48 hours after the second rolling or after the seal coat has cured, whichever is sooner. Sweepings are to be hauled away at the expense of CONTRACTOR. Page 15 of 15 CONSTRUCTION CONTRACT THIS CONTRACT, made on the day of , 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and (NAME, address), party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the Specifications for the Project entitled or described as follows: Public Works Contract No. for in the City of Oshkosh, for the Department of Public Works, pursuant to Resolution No. adopted by the Common Council of the City of Oshkosh on the day of 2023, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE VII. of this CONTRACT. ARTICLE II. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's Proposal. ARTICLE III. PAYMENT (a) The CONTRACT Sum. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT the sum of Dollars ($ ), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above -mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the CONTRACT the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's Proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the CONTRACT. (b) Progress Payments. In the event the time necessary to complete this CONTRACT is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. I:\Engineering\Tracy Taylor\ Public Works Contracts\ Contract Book Skeleton\ Blank Construction Page 1 of Contract Form 6-21-23.doa 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, Wisconsin 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this CONTRACT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. l:\Engineering\Tracy Taylor\Public Works Contracts\ Contract Book Skeleton \ Blank Construction Page 2 Of 3 Contract Form 6-21-23.dooc 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 5-5 (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 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 Corporatiosn 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 btdividtial _ Partnership Corporation State of bicorporation Penal Sum of Bond The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies, and holds harmless the Owner from all claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. Page i of 2 Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify, and hold harmless the Owner against such claim, demand, lien, or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants, or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, or other form of electronic transmission. Notices shall be provided to the Owner, Surety, and/or Contractor at their address as specified on this Bond or to a facsimile, e-mail, or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Name of Principal/Contractor Name of Surety Title Title Page 2 of 2 PERFORMANCE BOND Contract Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) SURETY(IES) (Legal Name(s) and Business Address(es)) OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION CITY OF OSHKOSH Type of Organization Individual _ Partnership Corporation State of 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 I of 3 the request for conference, If the Owner, Contractor, and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original Contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, e-mail, or other form of electronic transmission. Notices shall be provided to the Owner, Surety, and/or Contractor at their address as specified on this Bond or to a facsimile, e-mail or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Page 2 of 3 The above obligation is void if the Contractor performs and fulfills all the terms, conditions, and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Name of Principal/Contractor Name of Surety Title Title Page 3 of 3