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HomeMy WebLinkAbout23-17 East Parkway Ave SpecsSPECIFICATIONS CITY CONTRACT 23-17 EAST PARKWAY AVENUE WATERSHED DETENTION BASIN - CONSTRUCTION FOR CITY OF OSHKOSH, WISCONSIN TABLE OF CONTENTS OFFICIAL NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL SPECIAL CONDITIONS GEOTECHNICAL REPORT 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, August 14, 2023, through the online bidding service of QuestCDN.com, www.OuestCDN.com, for the construction of a storm water detention basin and appurtenant work. Bids will be opened and publicly read through a WebEx virtual meeting. CITY CONTRACT 23-17 — EAST PARKWAY AVENUE WATERSHED DETENTION BASIN — CONSTRUCTION Approx. 9,000 cu. yds. of excavation Approx. 410 lin. ft. of 8" to 43" x 68" storm sewer and appurtenant work Approx. 1,250 lin. ft. of concrete retaining wall It is the Bidder's sole responsibility to ensure the Bid is received by QuestCDN.com prior to the deadline set forth in this notice. No bids will be accepted after the deadline. All bids must follow the bidding instructions, including providing all attachments as required, on QuestCDN.com. Contractors must be qualified 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 3, 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 9, 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.auestcdn.com on Tuesday, July 25, 2023. Download the digital plan documents for a non-refundable fee of $42 (Forty Two Dollars) by inputting Quest Project No. 8598754 on the website's Project Search page. Please contact QuestCDN.com at (952)233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital Project information. Plans and Specifications may be reviewed at the office of the City Engineer, Room 301 of City Hall, beginning Tuesday, July 25, 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 21 and 28, 2023 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS IB-1 DESCRIPTION OF WORK Under this Contract, the City of Oshkosh (CITY) will receive bids for construction of work as stated in the Proposal. IB-2 PLANS AND SPECIFICATIONS All Contract Documents, including the current edition of the Standard Specifications for City of Oshkosh, Wisconsin, are available for purchase on www.questcdn.com. Free previews of the Contract Documents are available at http•//clap questcdn com/gaU/Urojects/pri bbrowse/i4212 pr browse html?group=455396& 42rovider=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 u1 submitting a bid on a municipal project. Prequalification is required for every Contract. Contractors must contact the Department of Public Works to obtain the Prequalification Questionnaire. THIS QUESTIONNAIRE MUST BE COMPLETED AND RETURNED TO THE DIRECTOR OF PUBLIC WORKS BY THE DATE SPECIFIED IN THE OFFICIAL NOTICE TO CONTRACTORS. IF, IN THE OPINION OF THE CITY MANAGER, THE CONTRACTOR IS NOT QUALIFIED TO CARRY OUT THE PROVISIONS OF THIS CONTRACT, THE CONTRACTOR WILL BE NOTIFIED. IB-4 SECTIONS TO BE READ BY THE CONTRACTOR Before submitting a bid, all contractors and subcontractors shall read the Official Notice to Contractors, Instructions to Bidders, Special Conditions, current edition of the Standard Specifications for City of Oshkosh, Wisconsin, and Contract, all of which contain provisions applying to all contractors and subcontractors. The CONTRACTOR agrees by submitting its Bid that it is familiar with every and all requirements for carrying out the Contract for which the Bid is submitted. Page 1 of 4 IB-5 EXAMINATION 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.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. I13-8 REQUIREMENT FOR SIGNING BIDS A. Bids which are not signed by individuals making them should have attached power of attorney evidencing authority to sign the Bid in the name of the person for whom it was signed. B. Bids which are signed for a partnership should be signed by all of the partners, or by an attorney -in -fact. If signed by an attorney -in -fact, there should be attached to the Bid a power of attorney, evidencing authority to sign the Bid, executed by the partners. C. Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation manually written below the corporate name followed by the word, "By IB-9 WITHDRAWAL OF BID Proposals may be withdrawn any time previous to the opening of the Bids, but no Proposal may be withdrawn after the time of opening bids is passed for a period of sixty (60) days. IB-10 REJECTION OF BIDS The CITY reserves the right to reject any and all Bids or to award any and all Contracts to bidders who, in the judgment of the CITY, will best serve the CITY. The CITY reserves the right to reject the Bid in whole or in part. A Bid which has not been prepared according to the instructions contained herein, or which does not contain a unit price which is both adequate and reasonable for each and every Item named in the Specifications, is subject to rejection. Unbalanced Bids are subject to rejection. Page 3 of 4 IB-11 WHEN AWARD EFFECTUAL The Contract shall be deemed as having been awarded when formal Notice of Award shall have been duly served upon the intended awardee (i.e., the bidder to whom the CITY contemplates awarding the Contract) by some officer or agent of the CITY duly authorized to give such notice. Page 4 of 4 PROPOSAL PROPOSAL FOR CITY CONTRACT 23-17 EAST PARKWAY AVENUE WATERSHED 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 -or City of Oslikosh, 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 maruier all of the work required as called for in the following Proposal v1 connection with the construction of a storm water detention basin 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 Mobilization; complete as 1050 specified Removing pavement, 1100 complete as specified Removing concrete and asphalt sidewalk and driveway; complete as 1120 specified 8" concrete pavement; with 6" CABC and grading; complete 1311 as specified Pavement ties; complete as 1350 specified Lump Sum 1 $ Square Yards Square Feet Square Yards 60 $ $ 125 $ 60 $ Each 10 $ Page 1 of 10 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Drilled dowel bars; 1 1/4"; 1354 complete as specified Each 10 $ $ 4" concrete sidewalk with 3" CABC and grading; complete Square 1500 as specified Feet 125 $ $ No. 4 reinforcing rods - deformed; epoxy -coated; Linear 1550 complete as specified Feet 25 $ $ Drilled No. 4 sidewalk tie bars - deformed; epoxy- 1560 coated; complete as specified Each 4 $ $ Locate existing property monuments; complete as 1650 specified Each 18 $ $ Replace existing property monuments; complete as 1652 specified Each 18 $ $ Sawing existing pavement; Linear 1700 complete as specified Feet 10 $ $ Sawing concrete pavement full depth; complete as Linear 1710 specified Feet 37 $ $ Furnish and install 8" storm Linear 2001 sewer; complete as specified Feet 117 $ $ Furnish and install 24" storm Linear 2015 sewer; complete as specified Feet 175.4 $ $ Furnish and install 43" x 68" HERCP Class III storm sewer; Linear 2057 complete as specified Feet 120.6 $ $ Furnish and install gravel trench with underdrain; Lump 2120 complete as specified Sum 1 $ $ Page 2 of 10 BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE ITEM QTY. Furnish and install 24" RCP Class III apron endwall with joint ties; complete as 2144 specified Each 1 $ $ Furnish and install 43" x 68" RCP Class III apron endwall with joint ties; complete as 2160 specified Each 1 $ $ Furnish and install standard storm sewer manhole (4' diameter); complete as Vertical f 2201 specified Feet 15.8 $ $ Furnish and install standard storm sewer manhole (5' x 5' Vertical 2208 box); complete as specified Feet 8.6 $ $ Furnish and install storm sewer outlet structure M-1; 2226 complete as specified Each 1 $ $ Furnish; install; maintain; and remove Type B inlet protection; complete as 2502 specified Each 1 $ $ Furnish; install; maintain; and remove Type D modified inlet protection; complete as 2508 specified Each 7 $ $ Sediment removal - Type D modified inlet protection; 2510 complete as specified Each 7 $ $ Furnish; install; maintain; and remove stone tracking 2512 pad; complete as specified Each 1 $ $ Furnish; install; maintain; and remove silt fence; Linear 2514 complete as specified Feet 1,953 $ $ Page 3 of 10 BID ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE Install salvaged topsoil 6" Square 2602 depth; complete as specified Yards 7,224 $ $ Furnish and install native seeding; complete as Square 2610 specified Yards 1,780 $ $ Furnish and install native seeding; complete as Square 2612 specified Yards 2,641 $ $ Furnish and install turf grass; Square 2620 complete as specified Yards 173 $ $ Furnish and install no -mow Square 2622 fescue; complete as specified Yards 2,772 $ $ Furnish and install Class I; Type A erosion control mat; Square 2630 complete as specified Yards 4,421 $ $ Furnish and install Class I; Urban; Type A erosion control mat; complete as Square 2632 specified Yards 2,945 $ $ Furnish and install turf reinforcement mat system; Square 2638 complete as specified Yards 511 $ $ Furnish and install medium rip -rap with filter fabric; Square 2648 complete as specified Yards 61 $ $ Furnish and install storm server bulkhead in 43" x 68" storm sewer line; complete as 2813 specified Each 1 $ $ Connect to existing storm sewer main; complete as 2850 specified Each 1 $ $ Strip and stockpile topsoil; Square 2902 complete as specified Yards 7,745 $ $ Page 4 of 10 BID ITEM DESCRIPTION UNIT EST. Qn • BID UNIT PRICE BID TOTAL PRICE Clear trees; complete as Lump 2906 specified Sum 1 $ $ Remove limbs from trees; Lump 2907 complete as specified Sum 1 $ $ Grub stumps; complete as Lump 2912 specified Sum 1 $ $ General excavation; complete Lump 2930 as specified Sum 1 $ $ Excavation below subgrade - detention basin; complete as Cubic 2931 specified Yards 900 $ $ Construct clay berms and emergency spillway; Lump 2936 complete as specified Sum 1 $ $ Construct clay dam; complete 2937 as specified Each 2 $ $ Furnish and install concrete retaining wall; complete as Linear 2944 specified Feet 1,272 $ $ Flag protection; complete as 2956 specified Day 20 $ $ Crack and damage survey; 3650 complete as specified Each 16 $ $ SUBTOTAL SECTION I — CONTRACT 23-17 SECTION I (ITEMS 1050 — 3650) Page 5 of 10 CITY CONTRACT 23-17 EAST PARKWAY AVENUE WATERSHED DETENTION BASIN — CONSTRUCTION SUBTOTAL SECTION I (ITEMS 1050 — 3650) GRAND TOTAL OF CITY CONTRACT 23-17 (ITEMS 1050 — 3650) ALTERNATE 1 Furnish and 'install stain for concrete retaining wall; Square 2944-1 complete as specified Feet 2,550 (SELECTED ALTERNATE WILL BE CONSIDERED IN DETERMINING LOW BIDDER) Page 6 of 10 CONTRACT 23-17 ATTACHMENT A LIST OF SUBCONTRACTORS Pursuant to Section 66.29(7), Wisconsin Statutes, the Bidder, as part of this Proposal, submits this full and complete list of all the Subcontractors and the class of work to be performed by each. The CONTRACTOR will be permitted to sublet a portion of the Contract, but shall perform with their organization work amounting to at least thirty percent (30%) of the original Contract amount. Work performed by the CONTRACTOR for any Bid Item that had been subcontracted will not be included towards the thirty percent (30%) calculation. If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of their Subcontractor and of the persons either directly or indirectly employed by their Subcontractor as they are by acts or omissions of persons directly employed by themselves. All Subcontractors, if any, shall be listed in the spaces provided on the Proposal Form and said list shall not be added to or altered without the written consent of the CITY. Signed, final waivers of lien will need to be provided to the CITY prior to the release of the final retainage to the CONTRACTOR. When a Subcontractor and the class of work to be performed are not listed, it shall be considered that the Bidder will perform the work themselves. PERCENT OF NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT I hereby certify that the use of the name(s) of the above Subcontractor(s) was with the knowledge and consent of the said Subcontractor(s). Signature of Bidder Page 7 of 10 CONTRACT 23-17 ATTACHMENT B Bidders for this Contract must be Pre -Qualified for at least the following Total Contract Amount: $750,000 Bidders for this Contract must also be Pre -Qualified for at least One of the Following Type(s) of Construction Denoted by a Z. Street, Utility, and Site Construction ❑ Roadway Grading ❑ Concrete Pavement Construction, including Grading ❑ Bituminous Paving ❑ Bituminous Street Construction, including Concrete Curb & Gutter and Roadway Grading & Graveling ❑ Mudjackulg ❑ Joint Sealing ❑ Sidewalk Construction ® Sanitary & Storm Sewer Construction ® Site Grading ❑ Street Lighting ❑ Reinforced Concrete Construction, i.e. Foundations, Storm Drainage Structures, Retaining Walls ❑ Landscaping ❑ Bridge Painting ❑ Water Main Construction ❑ Boring or Tunneling General Building Construction ❑ Building Construction, Renovation, or Remodeling Specific Categories of Building Construction ❑ Building Demolition ❑ Elevator ❑ Electrical ❑ Heating, Ventilati ig, & Air Conditioning ❑ Painting ❑ Plumbing ❑ Pump Houses & Lift Stations ❑ Roofing ❑ Riverwalk Construction X Miscellaneous Page 8 of 10 CONTRACT 23-17 ATTACHMENT C Bidders for this Contract must meet the following Insurance Standards as Denoted by a Z. Insurance Standards ® I. Contractor's Insurance with Bond & Property Insurance Requirements ❑ II. Contractor's Insurance with Bond Requirements (excluding Property Insurance Requirements) ❑ III. Contractor's Insurance (excluding Bond & Property Insurance Requirements) ❑ IV. Professional Services Liability Insurance Requirements ® V. Pollution Exposures Liability Insurance Requirements (Must be combined with I, II, or III above for proper coverage) Page 9 of 10 CONTRACT 23-17 PROPOSAL The undersigned will begin work as specified after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of (Name of Corporation, Partnership, or Person Submitting Bid) a corporation organized and existing under the laws of the State of a Partnership consisting of an individual trading as the City of State of or of That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal u1(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 tlds Proposal is a Bid Bond un the amount of % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 10 of 10 SPECIAL CONDITIONS SPECIAL CONDITIONS CONTRACT 23-17 EAST PARKWAY AVENUE WATERSHED DETENTION BASIN — CONSTRUCTION SP-1 BID OPENING The bid opening for Contract 23-17 will be held in Room 310 of City Hall. Also, please note, public access to Contract 23-17's bid opening will also be handled through WebEx. To join Contract 23-17's bid opening through WebEx, please copy and paste this link into your web browser: https•//cityofoshkosh my.webex com/cityofoshl<osh.myd.phl2?MTID=mb3be6d66 3dda5be0ca1ee9ea67dd0a80 The meeting number (access code) for this Bid opening is 2553 048 0770. The meeting password via web browser is RVkDw3bHt54. If you wish to join by telephone, please call 1-510-338-9438. To join from a video system or application, dial 2530480770@webex.com or dial 173.243.2.68 and enter the meeting number listed above. The meeting password for telephone or video system is 78539324. To join from a mobile device, enter +1-510-338-9438„ 25530480770#78539324#. 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 PROJECT DESCRIPTION This Project involves the construction of the East Parkway Avenue Watershed Detention Basin. The Project consists of the following elements: installation of unlet and outfall storm sewer piping and associated structures, manholes, and connections; general excavation and disposal of existing site soils for an approximate 1.00 acre detention basin; grading and compaction of subgrade clay materials; installation of topsoil layer; installation of approximately 1,272 linear feet of perimeter basin concrete retaining wall; installation of yard drains; installation of underdrain piping, fittings, and associated granular material; construction of bermed emergency spillway; all associated work related to storm Page 1 of 23 sewer utility connection adjacent to East Parkway Avenue; pavement restoration within East Parkway Avenue; and restoration and seeding of disturbed areas. The inlet storm sewer installation at the Project western terminus shall be terminated and bulkheaded ten feet (10') to the east of the eastern sidewalk along Grand Street. Connections and improvements to the storm sewer piping within Grand Street and Oxford Avenue shall be completed under a separate project. CONTRACTOR should be aware that the Project borders the active Canadian National (CN) Railroad track system to the east. Construction of the eastern boundary project elements (i.e., eastern concrete retaining wall) are designed on or at the fity-foot (50') railway minimum set back. CONTRACTOR should be aware of the need to coordinate with Canadian National Railroad representatives and Project work in the eastern boundary areas may require securement of Canadian National staff. SP-3 COMPLETION AND LIQUIDATED DAMAGES It is anticipated the award of this work will be on Tuesday, August 22, 2023. Prior to starting work, the CONTRACTOR shall have all of the necessary Contract documentation completed and submitted to the CITY and have the Notice to Proceed in hand. It is anticipated the CONTRACTOR will be able to start construction work on Monday, August 29, 2023. The substantial completion of this Project shall be completed by Friday, November 24, 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. All completion time frames set for each specific Project segment will also be required to be met. Liquidated damages shall be applied to each separate Project segment, as well as for the completion dates set for substantial completion of the Project. The CITY will take acceptance of the sites when all work is completed in accordance with the Contract Documents and all plants are established and growing. Page 2 of 23 Emphasis on this Section is placed to control and minimize the inconvenience to City of Oshkosh residents, businesses, and property owners. The CONTRACTOR shall note the CITY has essential work to perform both within and outside of the scope of this Contract and variation by the CONTRACTOR from the completion schedule of this Contract will result in extra costs to the CITY which include, but are not limited to, labor, equipment, administrative, and contracted services. It is the intent of the CITY to assess liquidated damages, as defined in Section 100.45 in the current edition of the CITY SPECIFICATIONS, to the CONTRACTOR if the completion schedule for this Contract is not met. 1. Street Right -of -Way Work For individual streets that include substantial utility relay and street reconstruction, the CONTRACTOR shall schedule the work according to the time frames and/or specific completion dates set forth within these Specifications. It will be necessary for the CONTRACTOR to obtain written approval from the ENGINEER to vary from these schedule requirements. The time lines below include completion of all work including restoration and opening to traffic: Construction Window for Street Segments (see also Section SP-7): East Parkway Avenue (between Grand Street to Broad Street) io Construction Window = Four (4) Consecutive Weeks. • All work, including utilities, pavement, and restoration, must be completed within the Construction Window, and the section must be fully opened up to traffic. The sequence of utility construction may be non-standard in order to meet the proposed time frames and to maintain existing service. It is anticipated multiple crews will be necessary to meet the Construction Window. 2. Additional Work Items The CONTRACTOR shall note that work schedules and Project plans for non -street Project items are likewise essential work and that variation by the CONTRACTOR from approved CONTRACTOR -submitted plans or within projected schedules by the CONTRACTOR will result in extra costs to the CITY which include, but are not limited to, labor, equipment, Page 3 of 23 administrative, and contracted services. It is the intent of the CITY to assess liquidated damages, as defined in Section 100.45 in the current edition of the CITY SPECIFICATIONS, to the CONTRACTOR for conditions defined within the Specifications and for the amended item listed below: • Failure to maintain compliance with required Plan Documents, which have had ENGINEER approval, shall be subject to liquidated damages. Any deviations not pre -approved may be considered non -compliant and subject to liquidated damages. Required Plan Documents include, but are not limited to, the following: Project schedule, traffic control plan, site dewatering, and erosion control plan. 3. All Work Items 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 h-i 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-4 PROJECT PERMITS Permits for site and utility work will be applied for and received prior to the commencement of construction. The following list contains the permits applicable to the Project: • Wisconsin Department of Natural Resources (WDNR) Permit Coverage under General Permit to Discharge Construction Site Storm Water Runoff. Page 4 of 23 CONTRACTOR is required to apply for and receive the following permit prior to the commencement of construction: • Canadian National Railroad Right -Of -Entry Permit, if necessary (see also Section SP-10). The CONTRACTOR shall comply with all provisions contained within the issued permits. CONTRACTOR shall post copies of all local, state, and federal permits applicable on each site. The CONTRACTOR is responsible for obtaining any other permits required to complete the work. SP-5 SCOPE OF WORK The work under this Contract includes: 1. Installation, maintenance, and removal of required Project erosion control elements including silt fencing, inlet protections, and tracking pad, as well as site safety and security measures. 2. Clearing of trees, stumps, and grass, and strip and stockpile topsoil. 3. Excavate, load, and dispose of excavation spoils. Excavated spoils become property and responsibility of CONTRACTOR (ENGINEER's estimate is approximately 9,233 cubic yards of net excavation). 4. Compaction and finish grading of detention basin subgrade at design grade elevation. 5. Installation and finish grading of topsoil to final design grade elevation. 6. Construction of approximately 1,272 linear feet of perimeter retaining wall, including excavation, reinforced concrete placement, wall backfill, and wall drainage. 7. Construction of detention basin inlet, an outlet structure, and associated storm sewer and riprap. Inlet storm sewer piping installation to be terminated and bulkheaded at the location indicated on the Drawings. 8. Installation of underdrain and associated geotextile fabric, fittings, cleanout, and granular material. 9. Connection of discharge storm sewer to existing main line storm sewer within East Parkway Avenue. 10. Construction of basin emergency spillway and berm. 11. Restoration of disturbed areas, including pavement, if necessary, and sidewalk restoration, vegetative seeding surrounding detention basin, and access ways. Page 5 of 23 12. Temporary dewatering operations as required for construction of detention basin. SP-6 NOTES TO BIDDERS As stated in Section 100.10.1 of the CITY SPECIFICATIONS, CONTRACTOR shall furnish a Bid Bond, Performance Bond, and Payment Bond on forms provided by the CITY. Questions regarding the Project shall be directed via e-mail to AECOM and the City at jeremy.thomas@aecom.com and adeckert@ci.oshkosh.wi.us by noon on Thursdgy, August 10, 2023. The subject line of the e-mail shall include: "Contract 23-17 East Parkway Avenue Watershed Detention Basin Question". 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. Bidders may access detention basin property during bidding from East Parkway Avenue or Grand Street only through CITY -owned parcels. Bidders should be aware that access on the property to the east may require successful completion of Canadian National Railroad E-Rail Safety Training and written permission from Canadian National Railroad. Bidders shall stay within the designated CITY right-of-way or proposed Project area. Subsurface investigation activities by the CONTRACTOR will not be allowed. SP-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 23-17: • The timelines for completion of all work, including restoration and all streets opening to traffic, are contained in Section SP-3. • CONTRACTOR should identify periods of traffic restrictions on the Project schedule at Project initiation. • A minimum of one (1) ten -foot (10') lane must be maintained in each direction at all times on East Parkway Avenue and Grand Street. • Access for local residents and businesses must be maintained at all times. Page 6 of 23 Additional traffic maintenance requirements applicable to the Project are listed below: • The CONTRACTOR shall provide message boards on East Parkway Avenue at least one (1) week prior to starting the Construction Windows listed in Section SP-3. Message boards shall be, at a minimum, clean, professionally made and printed, and made with reflective materials. • The CONTRACTOR shall prepare and submit a traffic control lane closure and signing plan following requirements of the current edition of the Manual oat Uniform Traffic Control Devices and applicable current editions of Wisconsin Department of Transportation Standard Detail Drawings. CONTRACTOR shall submit the traffic control lane closure and signing to ENGINEER for approval. • No storage of material or equipment shall be allowed outside of the Project limits. • CONTRACTOR shall provide a twenty-four (24) hour emergency contact. 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 compliant ramps or bridges into buildings. Residential, commercial, industrial, and non-residential garbage and recycling collection access shall be accommodated. SP-S CONTRACTOR PARKING/MATERIAL STAGING AREA CONTRACTOR should be aware that limited area is available on site for staging of materials, equipment, and parking of CONTRACTOR's employee vehicles. No parking of vehicles or equipment will be allowed on East Parkway Avenue, East Irving Avenue, Grand Street, or any perimeter arterial streets outside of construction limits. CONTRACTOR is required to coordinate with the CITY any off -site locations required for parking staff vehicles, equipment staging, or material staging needs. CONTRACTOR will be responsible for any and all damages or restoration requirements to any off -site areas. SP-9 DESIGNATED HAUL ROUTES The following routes, in addition to the City of Oshkosh Designated Truck Routes Map, have been determined to be designated haul routes for the Project: Page 7 of 23 Primary Haul Route A. CONTRACTOR shall enter and exit the detention basin site onto East Parkway Avenue. B. CONTRACTOR shall use East Parkway Avenue for a primary haul route. CONTRACTOR shall travel westward on East Parkway Avenue to North Main Street. From corner of East Parkway Avenue and North Main Street, CONTRACTOR shall utilize the City of Oshkosh designated haul route as defined in the current edition of the CITY SPECIFICATIONS. C. The use of East Parkway Avenue to the east of the site, East Irving Avenue, or Grand Street for construction traffic is not allowed without prior written approval by the ENGINEER. The CONTRACTOR shall not use the CITY -owned parcel from Grand Street to site for access or hauling material to, or from, the detention basin area. SP-10 CN PROPERTY ENCROACHMENT If the CONTRACTOR chooses to encroach onto the CN property, it will be the CONTRACTOR's responsibility to obtain a temporary construction easement and a right -of -entry permit for the encroachment on CN Railroad property. All costs for obtaining the easement are considered incidental to the mobilization costs for the Project. SP-11 CONSTRUCTION DAMAGE MONITORING CONTRACTOR shall conduct a crack and damage survey of the businesses and residences located adjacent to the Project limits survey in accordance with Section 3650 of the current edition of the CITY SPECIFICATIONS. Crack and damage survey limits are to be established by CONTRACTOR but, at a minimum, should include the following properties: 1. 413 East Irving Avenue — Owner: Kyle J. Kemp (Owner's Address: 2764 Clover Street, Oshkosh, WI 54901-1566). 2. 407 East Irving Avenue — Owner: Sloshkosh Properties LLC (Owner's Address: c/o William Mader, 4472 Wyandot Trail, Green Bay, WI 54313-6789). 3. 676 Grand Street — Owner: Abigail I. Flora/Myles M. Symons. 4. 664 Grand Street — Owner: Kelly J. Jahnke. 5. 660 Grand Street — Owner: Mark W./Suzan A. Erickson. Page 8 of 23 6. 656 Grand Street - Owner: TC Properties of the Fox Valley LLC (Owner's Address: W4204 Tree Line Court, Appleton, WI 54915-8741). 7. 652 Grand Street - Owner: Raymam-i Properties LLC (Owner's Address: 823 Mount Vernon Street, Oshkosh, WI 54901-4531). 8. 646 Grand Street - Owner: Nyiramatungo Nyirakyobe/Shadrach Muhima (Owner's Address: 1812 Georgia Street, Oshkosh, WI 54902-6742). 9. 640 Grand Street - Owner: John A. Paulick. 10. 634 Grand Street - Owner: Carrie L. Bartow (Owner's Address: 117 West 14tn Avenue, Oshkosh, WI 54902-6503). 11. 628 Grand Street - Owner: Kelly L. Strook. 12. 622 Grand Street - Owner: 151 Property Group LLC (Owner's Address: 911 West Bent Avenue, Oshkosh, WI 54901-2813). 13, 612 Grand Street - Owner: Cassui Too LLC (Owner's Address: 2301 Brunwood Drive, Oshkosh, WI 54902-9037). 14.414 East Parkway Avenue - Owner: RM Wiedenmeier Painting LLC (Owner's Address: 1225 Walnut Street, Oshkosh, WI 54901-3653). 15. 0 Broad Street - Owner: Wisconsin Central Ltd. (Owner's Address: PO Box 8100, Downtown Station, 81h Floor, Montreal, QC). SP-12 SUBMITTALS The Project -required submittals include, but are not limited to, the following: suppliers, subcontractors, manufacturers, construction schedule, shop drawings, substitutions, product data, samples, test data, and operation and maintenance data. CONTRACTOR is to use the transmittal form designated for the Project. Submittals shall be sequentially numbered. Revised submittals shall contain an alphabetical letter following the original number, identifying it as a revision to an earlier submittal package. The following information is required for inclusion on the submittal transmittal letter: date of submittal and dates of previous submittals; Project title and number; submittal number; Contract identification; names of contractor/supplier/manufacturer; identification of product/equipment/material and applicable Specification Section number; and variation from Contract requirements. Submittal of substitutions must be clearly indicated along with the above -referenced data. ENGINEER has set a goal of twenty-eight (28) days for review of submittals after submittals are received in ENGINEER's office. Each re - submittal shall have the same review times. Page 9 of 23 Submittals received not including a transmittal form, as indicated above, will be returned to the CONTRACTOR marked "Rejected". CONTRACTOR shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than two (2) submittals. ENGINEER will record ENGINEER's time for reviewing subsequent submittals of shop drawings, samples, or other items requiring approval and CONTRACTOR shall reimburse CITY for ENGINEER's charges for such time. In the event CONTRACTOR requests a change of a previously - approved itern, CONTRACTOR shall reimburse CITY for ENGINEER's charges for its review time, unless the need for such a change is beyond the control of the CONTRACTOR. SP-13 SITE SAFETY The CONTRACTOR is responsible for site security and site safety. The CITY shall not assume liability for breaches of security on the CONTRACTOR's Work Area. It is the CONTRACTOR's responsibility to secure its construction materials, tools, and equipment. The CITY is not responsible for providing security services, and is not responsible for any loss, theft, or damage to any equipment/material within the CONTRACTOR's Work Area. 1. EXECUTION A. Before construction operations begin, CONTRACTOR shall submit a site security plan that will prevent people and Ani rrals from easily entering site except by ingress/egress construction locations. 2. REMOVAL A. Remove site security measures upon substantial completion of the Project or as directed by the CITY or ENGINEER. Repair damaged Work, clean exposed surfaces, and replace construction damage that cannot be satisfactorily repaired. 3. PAYMENT A. Site security measures are considered incidental to the overall Project. Page 10 of 23 SP-14 EXCESS SOIL The Project includes the excavation and placement of fill material, as required, for completing the proposed detention basin. Materials shall be managed on site to complete construction of all aspects of the Project to the lines and grades shown on the Construction Drawings. Excess material from the Project shall become property of CONTRACTOR and disposed of off site. CONTRACTOR is required to obtain all necessary agreements and permits for any material disposal sites used by CONTRACTOR for the Project. The cost of necessary agreements and permits for disposing the material off site shall be considered incidental to the Project. The ENGINEER's estimate for total estimated excess material is listed below. All disposal locations shall be identified during the preconstruction meeting. CONTRACTOR is to provide correspondence records, location, property owner contact information, and copy of all required permits to the ENGINEER two (2) weeks prior to disposing of any fill. Any changes in the disposal location(s) need to be pre -approved by the CITY. ENGINEER's Common Excavation/Excess Material Estimate: The excess soil hauling quantity is estimated to be approximately 9,233 cubic yards. Limited, clay soils will be re -used on site during construction of the emergency spillway. Remaining material from the basin excavation shall become property of CONTRACTOR and disposed of off site. SP-15 GEOTECHNICAL REPORT A geotechnical evaluation that was conducted at the site has been included as part of the Specifications. The geotechnical evaluation is provided as "technical data" for use by the CONTRACTOR. The CONTRACTOR is responsible for any interpretation or conclusion the CONTRACTOR draws from any "technical data" or any other data, interpretations, opinions, or information contained in the evaluation for each site. Page 11 of 23 SP-16 PLACEMENT OF FILL MATERIAL Place fill material to the lines, dimensions, and elevations as shown on the Construction Drawings. Where native materials are allowed for backfill, the material shall be placed in eight -inch (8") loose lifts and compacted to 95% Modified Proctor. Native material shall be within 3% of optimum moisture content. The ENGINEER will conduct random density tests (ASTM D6938-07 Standard Test Methods 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 the CONTRACTOR. Non- conforming areas will be retested by the ENGINEER to confirm adequate corrective action has been taken prior to additional fill being placed. The ENGINEER shall be notified at least twenty-four (24) hours prior to the CONTRACTOR -requested retesting. All compaction, corrective action for non- conforming areas, hauling, and prepping of material or other work items required to provide a functionally -complete project shall be included in the appropriate Bid Item. If more than two (2) failing tests are recorded for any test area, the CONTRACTOR may be responsible for reimbursing the ENGINEER for all time and equipment utilized to provide testing until passing tests are achieved. 1. MATERIALS A. Controlled Fill (Emergency Spillway Construction) 1. Non -organic natural soils classified as CL in Unified Soil Classification System. 2. Liquid Limit: ASTM D4318, 16 or greater and less than 50. 3. Plasticity Index: ASTM D4318, 7 or greater. 4. Frozen backfill material shall not be used. B. Controlled Fill (Fill Area Construction): 1. Non -organic natural soils classified as CL in Unified Soil Classification System. 2. Liquid Limit: ASTM D4318, 16 or greater and less than 50. 3. Plasticity Index: ASTM D4318, 7 or greater. 4. Frozen backfill material shall not be used. Page 12 of 23 5. Any controlled fill material within fill areas with rocks greater than six inches (6") in diameter will be rejected and will not be classified as CL material. Controlled fill materials with rocks up to two inches (2") in diameter may be classified as CL material and used during liner construction. 6. ENGINEER will determine acceptability of controlled fill material. 2. CONSTRUCTION A. Examine surfaces to receive fill to determine existence of areas loosened by frost action, softened by flooding or weather, or of unsuitable materials. B. Undercutting of unsuitable soils may be required. ENGINEER shall be notified of unsuitable soils when encountered. ENGINEER will determine extents of undercutting, as necessary. C. Fill settled areas where excavations were backfilled and holes made by demolition, tree removal, and site preparation work. D. Natural soils or compacted fill softened by frost, flooding, or weather shall be removed, replaced, and compacted. E. Non-native soils (fill material) encountered shall be removed and replaced with controlled fill material. F. Proof roll areas to receive fill material to detect soft or loose zones prior to placing fill. Remove and replace soft or loose zones with fill material as designated for area. G. Keep construction site free -draining. H. Plow, step, or bench slopes steeper than 1 vertical to 4 horizontal. I. Disc level surfaces to aid in drying. 3. FILL USAGE A. Controlled: Emergency Spillway Area. 4. EXCAVATION A. Stockpile locations of material suitable for fill shall be approved by ENGINEER. Place no fill where trenches for sewers, underdrains, water lines, or other utilities will be located. B. Dispose of excess material h1 accordance with these Special Conditions. C. Rough grade areas within grading limits and areas that are disturbed to achieve lines and grades indicated on Construction Drawings, with allowance for thickness of pavements, sidewalks, and topsoil. Page 13 of 23 5. PLACING FILL A. Conform to requirements of Section 100.69 of the current edition of the CITY SPECIFICATIONS for areas of structural fill. B. Conform to requirements of these Special Conditions and Section 2900 of the current edition of the CITY SPECIFICATIONS for clay liner construction. C. Proof roll areas to receive fill material to detect soft or loose zones prior to placing fill. Remove and replace soft or loose zones with fill material. 6. TESTING A. CONTRACTOR shall assist ENGINEER in collecting representative bulk samples for every 5,000 cubic yards of fill material. B. ENGINEER will perform the following laboratory tests: 1. One (1) Grain Size Analysis Test (ASTM D422) for each 5,000 cubic yards of in -place fill (minimum). 2. One (1) Modified Proctor Compaction Test (ASTM D1557, Method D) for each 5,000 cubic yards of in -place fill (minimum). 3. Approximately one (1) field compaction test for each 200 cubic yards of in -place fill (minimum). C. Degree of Compaction: ASTM D1557, Method D (Modified Proctor) or ASTM D4253 (Relative Density). Relative density applies to granular soils only. SP-17 TEMPORARY DEWATERING Dewatering, if required by field conditions, shall comply with these Special Conditions, WDNR permit requirements, and Sections 100.29 and 100.30 of the current edition of the CITY SPECIFICATIONS. If dewatering permits are required, they are the responsibility of the CONTRACTOR. All associated costs are considered incidental to the Poject. CONTRACTOR is responsible for design, operation, and maintenance of dewatering devices and equipment. Dewaterhng system shall comply with WDNR Administrative Code NR 216. CONTRACTOR is responsible for obtaining all applicable permits necessary for dewatering operations, including all necessary well construction and abandonment applications to WDNR and all associated fees. If required, CONTRACTOR shall maintain groundwater minimum of twelve inches (12") below excavations, including undercut areas, by use of wells, well Page 14 of 23 points, or sumps. Remove soil that is disturbed by pressure or the flow of groundwater. Maintain dewatering systems until pond excavation and seeding is completed. CONTRACTOR should note that excavation extends below water levels observed in the three (3) onsite monitoring wells. As such the potential for seepage and water management may be a requirement on the Project. Costs associated with potential dewatering efforts shall be considered incidental to Bid Items. SP-18 STORM SEWER Comply with requirements contained in Sections 2000 through 2900 of the current edition of the CITY SPECIFICATIONS and Section 612 Underdrains of the STATE SPECIFICATIONS. In Section 2000 of the current edition of the CITY SPECIFCATIONS, add the following as Section 2000.5.2.4: 2000.5.4 Joint Ties 1. Storm sewer endwall sections shall include installation of "Trash Rack" as shown in the Project Plan Set. 2. Joint ties at endwalls shall be included on installed endwall sections per Section 2000.5.3. SP-19 STORM SEWER PRECAST STRUCTURES Comply with requirements contained in Section 2200 of the current edition of the CITY SPECIFICATIONS. In Section 2200 of the current edition of the CITY SPECIFICATIONS, add the following two (2) sentences to the end of Section 2200.2.1.5: If CONTRACTOR wishes to use precast outlet structure, this will require submittal, for ENGINEER's approval, of the precast structure supplier's design, indicating compliance with Project design criteria, prior to the installation of the precast junction chamber and outlet structures. The precast structure supplier's design must be stamped by a registered Professional Engineer. Page 15 of 23 SP-20 STORM SEWER BASIN INLET/OUTLET BACKFILL Storm sewer basin connections for 24" and 43" x 68" storm sewers and endwalls shall be backfilled with clay materials for distance shown on the Project Plan Set. Installation and compaction of clay backfill shall be considered incidental to the Bid Items. SP-21 UTILITIES Several underground and overhead utilities are known to exist within the East Parkway Avenue, Grand Street, and the Canadian National Railway right-of- ways. Utilities may include City sewers and water, and electrical conduit; Wisconsin Public Service (WPS) [electrical and gas]; and buried fiber optics. Buried utilities may be extremely shallow with respect to proposed pavement and sidewalk surfaces. The CONTRACTOR shall complete a utility locate survey and coordinate/cooperate with the various utilities in the completion of the Contract and utility work. The CONTRACTOR shall anticipate this work in the Project schedule. The known utility locations are approximately shown on the Plans. A utility locate will need to be requested by the CONTRACTOR from the various utilities involved before commencing work. The CONTRACTOR shall work around the facilities and support them, as necessary, to complete the work. Caution shall be exercised in all digging operations and this CONTRACTOR will be held wholly responsible for any damage to utilities (including laterals) and cost of repairing same. SP-22 CONCRETE RETAINING WALL 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 (ttavlor0ci.oshkosh.wi.us). This special provision describes furnishing labor, tools, equipment, and materials necessary to construct the concrete foundation and retaining wall, which are located along the eastern and western embankments of the detention basin, as shown on the Construction Drawings. Page 16 of 23 1. MATERIALS A. Furnish Class A concrete and steel reinforcing bars conforming to Section 100.70 of the current edition of the CITY SPECIFICATIONS. B. Furnish field stone form liner pattern by Karlson Forming Specialties, Inc. or Approved Equal. CONTRACTOR shall provide staining of the field stone pattern as an alternate Bid Item during construction. Color to provide natural stone look similar to Baldwin Basin. CITY to approve products and color scheme prior to placement. C. Furnish concrete and steel reinforcing bars conforming to Section 1500.3 of the current edition of the CITY SPECIFICATIONS. D. Furnish a temporary shoring design and provide temporary shoring as required for construction of the retaining wall. Remove temporary shoring when no longer needed. Temporary shoring will not be allowed to remain in place following construction. E. Furnish and install backfill material conforming to Section 100.69 of the current edition of the CITY SPECIFICATIONS. F. Furnish and install perforated drain piping and wall penetrations conforming to the Drawings and Section 2400.4.7 of the current edition of the CITY SPECIFICATIONS. 2. CONSTRUCTION A. Complete excavation and backfill of concrete conforming to Section 100.69 of the current edition of the CITY SPECIFICATIONS. B. Construct temporary shoring as required for retaining wall construction. Note CONTRACTOR retails full responsibility for design, implementation, and performance of temporary shoring. C. Complete installation of form work, reinforcing steel per Plans. Note field stone form liner required on exposed 2.5 feet of upper retaining wall per Plans. D. Complete construction of the concrete to the requirements of Section 100.70 of the current edition of the CITY SPECIFICATIONS. 3. PAYMENT A. Payment for Bid Item #2944 is full compensation for construction of the linear footage of constructed, measured -in -place concrete foundation and wall, including any required excavation, reinforcement, expansion materials, and furnishing all necessary materials, architectural surface treatments, temporary shoring, and all labor, tools, equipment, and incidentals necessary to complete the work as shown on the Project Plans. Page 17 of 23 Furnishing and installing backfill, perforated drain tile, drain basins on the western side of the basin, backflow preventers on the west side of the basins, and wall penetrations are considered incidental to the wall construction. B. Staining of the concrete is an alternate Bid Item which the CITY may choose to select at the time of award of the Contract. If the CITY does not choose to select this alternate Bid Item, there will be no adjustment in cost for the Bid Item #2944. SP-23 FLAG PROTECTION CN Railway may require flag protection during some construction activities at the site. The CONTRACTOR is responsible for coordinating with CN to determine the flagging requirements for the Project and to retain the services of a flagger. The CONTRACTOR is expected to coordinate and sequence their work activities to minimize the amount of flag protection which is required. Flag protection will be paid for on a per day basis as defined in Bid Item #2956. SP-24 BID ITEMS The CONTRACTOR will be paid based on actual, installed quantities only and no adjustments in unit prices will be made for any increases or decreases of quantity installed. CONTRACTOR is responsible for verifying take -off quantity, for bidding purposes. Only verified -in -place quantities will be paid per Bid Item unit rate in accordance with the current version of the CITY SPECIFICATIONS. 1. Bid Item #1100 — Removing Pavement A. Disposal of removed concrete is incidental to this Bid Item. B. This Bid Item shall be paid on a square yard basis. C. This Bid Item contains a 100% undistributed amount and is included in the event that the connection of storm sewer cannot be performed as shown on the Drawings due to existing conditions and a direct connection into the structure in East Parkway Avenue is required. If damage to the pavement occurs due to CONTRACTOR negligence, this Bid Item will not apply. Page 18 of 23 2. Bid Item #1311— 8" Concrete Pavement; with 6" CABC A. This Bid Item shall be paid on an in -place square yard basis. B. This Bid Item contains a 100% undistributed amount and is included in the event that the connection of storm sewer cannot be performed as shown on the Drawings due to existing conditions and a direct connection into the structure in East Parkway Avenue is required. If damage to the pavement occurs due to CONTRACTOR negligence, this Bid Item will not apply. 3. Bid Item #1350 — Pavement Ties A. This Bid Item shall be paid per each. B. This Bid Item contains a 100% undistributed amount and is included in the event that the connection of storm sewer cannot be performed as shown on the Drawings due to existing conditions and a direct connection into the structure in East Parkway Avenue is required. If damage to the pavement occurs due to CONTRACTOR negligence, this Bid Item will not apply. 4. Bid Item #1354 — Drilled Dowel Bars; 11/4 " A. This Bid Item shall be paid per each. B. This Bid Item contains a 100% undistributed amount and is included in the event that the connection of storm sewer cannot be performed as shown on the Drawings due to existing conditions and a direct connection into the structure in East Parkway Avenue is required. If damage to the pavement occurs due to CONTRACTOR negligence, this Bid Item will not apply. 5. Bid Item #1650 —Locate Existing Property Monuments A. This Bid Item shall be paid per each. B. The quantity in this Bid Item is based on the estimated number of property monuments which abut the site. 6. Bid Item #1652 — Replace Existing Property Monuments A. This Bid Item shall be paid per each. B. The quantity in this Bid Item is based on the estimated number of property monuments which abut the site and contains 100% undistributed amount. This Bid Item will be utilized if property monuments are disturbed as a result of the installation of the permanent features for the Project. This Bid Item will not apply if property monuments are disturbed due to the negligence of the CONTRACTOR. Page 19 of 23 7. Bid Item #1710 — Sawing Concrete Pavement Full Depth; A. This Bid Item shall be paid on a linear foot basis. B. This Bid Item contains a 100% undistributed amount and is included in the event that the connection of storm sewer cannot be performed as shown on the Drawh-igs due to existing conditions and a direct connection into the structure in East Parkway Avenue is required. If damage to the pavement occurs due to CONTRACTOR negligence, this Bid Item will not apply. 8. Bid Item #2120 — Furnish and Install Gravel Trench with Underdrain A. See Section SP-18 for requirements. B. Bid Item includes granular material, geotextile fabric, 4" perforated Schedule 40 PVC pipe, 4" solid Schedule 40 PVC pipe, and PVC fittings and cleanouts. C. This Bid Item shall be paid in a lump sum. 9. Bid Item #2813 — Furnish and Install Storm Sewer Bulkhead in 43" x 68" Storm Sewer Line A. Bid Item shall be paid per each. 10. Bid Item #2850 — Connect to Existing Storm Sewer Main A. Bid Item shall be paid per each. 11. Bid Item #2907 — Remove Limbs from Trees A. Construction, materials, measurement, and payment shall be in accordance with Section 2900 of the current edition of the CITY SPECIFICATIONS. B. Bid Item relates to the removal of necessary limbs of existing trees to install the 43" x 68" storm sewer. C. Bid Item shall be paid as a Lump Sum, 12. Bid Item #2931— Excavation Below Subgrade — Detention Basin A. The unit price for this Bid Item shall include the cost of excavating, loading, hauling, and disposing of unsuitable subgrade material; supplying, placing, and compacting fill material; and for all labor, tools, equipment, and incidentals necessary to complete the work. B. This Bid Item shall be used for undercutting required as part of the detention basin. The need for undercutting shall be determined by the ENGINEER, as described in Section SP-16 of these Special Conditions. Page 20 of 23 C. This Bid Item shall be measured per cubic yard by ENGINEER, as measured in place, prior to excavation. Excavation removed prior to measurement will not be compensated for. D. Construction and materials shall be in accordance with these Special Conditions and Sections 1200 and 1250 of the current edition of the CITY SPECIFICATIONS. E. This Bid Item contains an undistributed amount of 100%. The CITY reserves the right to increase, decrease, or delete Bid Item #2931's bid quantity based on the amount that is excavated from site. 13. Bid Item #2936 — Construct Clay Berms and Emergency Spillway A. Bid Item shall be paid as a Lump Sum. 14. Bid Item #2937 — Construct Clang A. This Bid Item shall be utilized for the storm sewer inlet and outlet, as indicated in the Construction Drawings. B. Bid Item shall be paid per Each. 15. Bid Item #2944 — Furnish and Install Concrete Retaining Wall A. See Section SP-22 for requirements. B. Bid Item shall be paid per linear foot. 16. Bid Item #2956 — Flag_ Protection A. The unit price for this Bid Item shall include all labor, tools, equipment, and incidentals necessary to have a Flagger present during work near the CN Railroad property. B. Bid Item shall be paid per day in accordance with Section SP-23. SP-25 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. Page 21 of 23 ALTERNATE 1: 1. If the CITY selects Alternate 1, Bid Item #2944-1 will be added to the Contract. 2. Bid Item #2944-1— Furnish and Install Stain for Concrete Retaining Wall 1. This Bid Item shall include all labor, tools, equipment, materials, and incidentals necessary to stain concrete retaining wall. CONTRACTOR shall submit product information and color samples for approval by the CITY. 2. See Section SP-22 for requirements. 3. Bid Item shall be paid per square foot. SP-26 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 Conditions of Use Agreement By downloading this bid package, the Bidder agrees with this CAD Data Conditions of Use Agreement: The CAD data electronic files of the surface models from the Bidding Documents, prepared for the City of Oshkosh, are being provided to the Bidding Contractor solely as an accommodation for the purpose of preparing a proposal to construct the Project, as presented in the bidding Construction Drawings and Specifications. It is acknowledged that only the Bidding Documents are to be relied on for accuracy. Tlne Files are not warranted to be fit for the purpose or intended use, or to be complete, or free from defect. Due to the potential that the information set forth in the Files can be modified by subsequent users, unintentionally or otherwise, or altered by the computer system itself, all indications of City of Oshkosh or its consultants' involvement have been removed from each electronic display. hn 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. Page 22 of 23 2. It will be solely responsible for verification of the validity and correctness of the Files (i.e., to check the Files against the Contract Documents). 3. It releases the City of Oshkosh from, and accepts sole responsibility for, any liability or damages arising in any mariner from its use of the Files. 4. It acknowledges that the Files are owned by the City of Oshkosh and that the Files, including any portion of the data contained therein, will not be used for any purpose other than stated above, and that it will not otherwise use the Files or data therein for its own profit; and 5. The CAD data files are Land XML Version 1.2 and were generated from AutoDesk Civil 3D 2019 or AutoDesk Civil 3D 2022. The City of Oshkosh is not responsible for compatibility with contractor software. In consideration for the City of Oshkosh's providing the Files, the foregoing premises and conditions are hereby acknowledged and accepted. Page 23 of 23 GEOTECHNICAL REPORT CONTRACT AND BONDS CONSTRUCTION CONTRACT THIS CONTRACT, made on the day of , 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and (NAME, address), party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the Specifications for the Project entitled or described as follows: Public Works Contract No. for in the City of Oshkosh, for the Department of Public Works, pursuant to Resolution No. adopted by the Common Council of the City of Oshkosh on the day of 2023, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE VII. of this CONTRACT. ARTICLE II. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits specified un the Special CoMitims 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. 1: \Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page l of 3 Contract Form 6-21-23.dooc 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 indenmification 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 Oshkosli, Wisconsin 4. Instructions to Bidders 5. Advertisement for Bids 6. CONTRACTOR's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the ENGINEER before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this CONTRACT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. I:\Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 2 Of 3 Contract Form 6-21-23.docx IT IS HEREBY DECLARED, UNDERSTOOD, AND AGREED that the word "CONTRACTOR" wherever used in this CONTRACT means the party of the second part and its/his/her/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this CONTRACT to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said CITY, and the party of the second part hereunto set its, his/her, or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR (Seal of CONTRACTOR if a Corporation) In (Specify Title) (Specify Title) CITY OF OSHKOSH (Witness) Mark A. Rohloff, City Manager And: (Witness) Diane M. Bartlett, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this CONTRACT. City Attorney City Comptroller I:\Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction Page 3 of 3 Contract Form 6-21-21docx 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 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 _ hidividual — Partnership _ Corporation State of hzcorporatim 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. Naive 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 IncoiVoration 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 snail, 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