HomeMy WebLinkAbout24-20 SpecificationsSPECIFICATIONS
FOR
CITY CONTRACT 24-20
STORM SEWER LATERALS /
VARIOUS LOCATIONS
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,
June 17, 2024, through the online bidding service of QuestCDN.com, www.OuestCDN.com, for
the construction of concrete paving, utilities, and appurtenant work. Bids will be opened and
publicly read through a Zoom virtual meeting.
CITY CONTRACT 24-20 — STORM SEWER LATERALS / VARIOUS LOCATIONS
Approx. 800 sq. yds. of 7" to 8" concrete pavement with curb and appurtenant work
Approx. 1,700 sq. ft. of 4" to 6" concrete sidewalk and driveway
Approx. 100 sq. yds. of 4" asphaltic surface
Approx. 1,200 lin. ft. of 8" to 24" storm sewer and appurtenant work
Approx. 500 lin. ft. of 6" storm laterals
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, June 6, 2024. Contractors will not be allowed
to bid on this City Contract if complete answers to any Department of Public Works'
questions or any missing documentation has not been received by the Department of Public
Works by Wednesday, June 12, 2024. The City Manager's decision as to qualifications will be
final. Contractors that are prequalified with the City of Oshkosh Department of Public
Works for the construction year 2024 for the class of work and the Total Contract Amount
specified in the Proposal do not need to prequalify again for this Project.
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://gal2.questcdn.com/gap/projects/pr.j browsehpp 12 i browse.html?grou12=455396&
12rovider=455396. Supplemental information may be available on the CITY's website (see
Contract Documents). The CITY will not provide printed copies of the Plans and
Specifications for prospective bidders. Additional copies of the current edition of the
Standard Specifications for City of Oshkosh, Wisconsin are available for purchase from the
City Engineer's office for $25 (Twenty Five Dollars) each.
IB-3 PREQUALIFICATION OF CONTRACTORS
The Wisconsin Statutes, under Section 66.29, permits the prequalification of all
contractors interested in submitting a bid on a municipal project.
Prequalification is required for every Contract. Contractors must contact the Department
of Public Works to obtain the Prequalification Questionnaire. THIS QUESTIONNAIRE
MUST 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, Instructioiis 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.
Ul
IPage 1 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-ul-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
PROPOSAL
PROPOSAL FOR CITY CONTRACT 24-20
STORM SEWER LATERALS / VARIOUS LOCATIONS
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 Seci ications, 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
manner all of the work required as called for u1 the following Proposal in connection with the construction
of concrete paving, utilities, and appurtenant work in and for the City of Oshkosh, Wisconsin, all in
accordance with the Plans and Specifications on file, including Addenda Nos. issued thereto
for these following prices:
SECTION I
BID
DESCRIPTION
UNIT
EST.
BID UNIT PRICE
BID TOTAL PRICE
ITEM
Q7"r'.
Clearing; complete as
1010
specified
Stations
1
$
$
Clearing; complete as
Inch
1011
specified
Diameter
36
$
$
Grubbing; complete as
1020
specified
Stations
1
$
$
Grubbing; complete as
Inch
1021
specified
Diameter
36
$
$
Mobilization; complete as
Lump
1050
specified
Sum
1
$
$
Page 1 of 12
BID
ITEM
DESCRIPTION
UNIT
EST.
QTY.
BID UNIT PRICE
BID TOTAL PRICE
6" concrete sidewalk/
driveway/ramp with 3"
CABC and grading;
Square
1510
complete as specified
Feet
350
$
$
6" concrete sidewalk/
driveway/ramp (HES) with
3" CABC and grading;
Square
1514
complete as specified
Feet
175
$
$
No. 4 reinforcing rods -
deformed; epoxy -coated;
Linear
1550
complete as specified
Feet
550
$
$
Drilled No. 4 sidewalk tie
bars - deformed; epoxy-
1560
coated; complete as specified
Each
75
$
$
Locate existing property
monuments; complete as
1650
specified
Each
1
$
$
Replace existing property
monuments; complete as
1652
specified
Each
1
$
$
Remove and replace HMA
pavement; including sawing;
fine grading; turf restoration;
and traffic control; complete
Square
1904
as specified
Yards
80
$
$
Furnish and install 6" storm
Linear
2000
sewer; complete as specified
Feet
125
$
$
Furnish and install 8" storm
Linear
2001
sewer; complete as specified
Feet
125
$
$
Furnish and install 12" storm
Linear
2003
sewer; complete as specified
Feet
300
$
$
Furnish and install 18" storm
Linear
2009
sewer; complete as specified
Feet
110
$
$
Page 3 of 12
BID
ITEM
DESCRIPTION
UNIT
EST.
QTY.
BID UNIT PRICE
BID TOTAL PRICE
Furnish and install 6" storm
sewer lateral; complete as
Linear
2400
specified
Feet
500
$
$
Furnish and install storm
sewer marker balls; complete
2404
as specified
Each
40
$
$
Furnish and install storm
sewer clay dams; complete
2406
as specified
Each
20
$
$
Furnish and install storm
sewer lateral inlet; complete
2408
as specified
Each
5
$
$
Storm lateral inlet
adjustments; complete as
2414
specified
Each
5
$
$
Cleanouts; complete as
2418
specified
Each
5
$
$
Furnish; install; maintain;
and remove Type A inlet
protection; complete as
2500
specified
Each
50
$
$
Furnish; install; maintain;
and remove stone bag;
2516
complete as specified
Each
60
$
$
Furnish; install; maintain;
and remove 12" diameter
sediment logs; complete as
Linear
2518
specified
Feet
100
$
$
Furnish; install; maintain;
and remove dewatering tank
system; complete as
2524
specified
Each
3
$
$
Furnish; install; maintain;
and remove turbidity
2526
barrier; complete as specified
Each
3
$
$
Page 5 of 12
BID DESCRIPTION UNIT EST. BID UNIT PRICE BID TOTAL PRICE
ITEM QTY.
Furnish and install guard
5800 posts; complete as specified Each 1 $ $
SUBTOTAL SECTION I — CONTRACT 24-20
SECTION I (ITEMS 1010 — 5800)
id
Page 7 of 12
CONTRACT 24-20
ATTACHMENT A
LIST OF PROPOSED 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 u1 the spaces provided on the
Proposal Form and said list shall not be added to or altered without the written consent of the CITY.
i
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 9 of 12
id
t
Id
CONTRACT 24-20
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 11 of 12
SPECIAL CONDITIONS
SPECIAL CONDITIONS
CONTRACT 24-20
STORM SEWER LATERALS / VARIOUS LOCATIONS
SP-1 BID OPENING
The Bid opening for Contract 24-20 will be held in Room 310 of City Hall. Also,
please note that, public access to Contract 24-20's Bid opening will also be
handled through Zoom.
To join Contract 24-20's Bid opening through Zoom, please copy and paste this
link into your web browser:
https://oshkoshwi-
gov zoom us/.j/85982746962?pwd=fPK41kd386Oh4nVmbREm8sIZAODajc.1
The meeting ID for this Bid opening is 859 8274 6962. The meeting passcode is
654296. If you wish to join by telephone, please call 1-312-626-6799. To join from
a mobile device, enter 1-301-715-8592„ 85982746962#.... '654296#.
SP-2 COMPLETION AND LIQUIDATED DAMAGES
It is anticipated the award of this work will be on Tuesday, June 25, 2024.
It is anticipated the CONTRACTOR will be able to start work on Monday, July 8,
2024.
The substantial completion of this Project shall be completed by Friday, October
25, 2024.
If the CONTRACTOR elects to work beyond Friday, September 27, 2024, to take
advantage of this late substantial completion date, no monies will be paid for cold
weather construction including, but not limited to, asphalt and concrete
construction.
U As stated in Section 100.9 of the current edition of the Standard Specifications for
City of Oshkosh, Wisconsin (CITY SPECIFICATIONS), substantial completion
includes completion of all Contract Bid Items and change order work. Substantial
completion shall also consist of coordinating with the CITY to install all of the
j I street signs prior to opening to traffic.
Id Page 1 of 11
SP-3 SCOPE OF WORK
The work under this Contract includes the construction of storm sewer and
laterals, along with concrete and/or asphalt street patching at:
• 1170 Locust Street
• 1018 Van Buren Avenue
• 1823 Doemel Street
• 2225 Allerton Drive
• 2213 Allerton Drive
• 1521 Cliffview Drive
• 1075 Greenfield Trail
• 1024 Windsor Street
• 2610 Hamilton Street
• 1023 Witzel Avenue
• 1610 Thornton Drive
• 1621 Chestnut Street
• 2219 Allerton Drive
• 347 Legion Place
• 1160 Locust Street
• 1105 Greenfield Trail
• 1095 Greenfield Trail
• 1029 Witzel Avenue
The work under this Contract also includes construction of three (3) storm sewer
outfalls and appurtenant work.
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 24-20:
• Traffic must be maintained on all streets. Access must be maintained from
adjacent streets to all properties.
• Local access to all properties must be maintained.
• CONTRACTOR must allow a minimum ten -foot (10') wide emergency vehicle
access at all times, unless approved otherwise by the ENGINEER.
• Counter -directional traffic must be maintained at all times on Witzel Avenue.
II I Page 3 of 11
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-8 MISCELLANEOUS UTILITY COORDINATION
Several underground utilities (City sewers, water, and electrical conduit;
Wisconsin Public Service (WPS) [electrical and gas]; American Transmission
Company (ATC); AT&T Wisconsin; Spectrum; Windstream; U.S. Signal; and TDS
Telecom) may be extremely shallow with respect to proposed pavement and
sidewalk surfaces. In some cases, utility relocation may be required in
coordination with the CONTRACTOR's work. The CONTRACTOR shall
coordinate and cooperate with the various utilities in the completion of the
Contract and utility work and shall anticipate this work in the Project schedule.
The 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. 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-9 DREDGING
This Section addresses requirements for dredging of the storm sewer outfalls.
Dredging is defined as all above and below water excavation/dredging, shoreline
excavation, installation of bedding stone and rip -rap, dredging means and
methods, maintenance of the dewatering/staging area, dewatering of sediment,
and the transport and disposal of dredged materials to the final disposal facility.
Compensation for dredging includes: installation, maintenance, and removal of
turbidity curtain; design, construction, maintenance, and removal of cofferdam;
design, construction, maintenance, removal and restoration of the sediment
stockpile/dewatering area, excavation, transportation to the stockpile area, and
dewatering of all dredged materials within the dewatering area; provision of and
installation of washed aggregate and heavy rip rap material within dredged area;
and restoration of any shoreline disturbances adjacent outside the defined
dredging area. Compensation for loading and transportation of dewatered
dredged spoils to the CITY -designated licensed landfill disposal location shall be
compensated under Bid Item #1226.
Page 5 of 11
a. This plan shall be submitted for review and approval by the
ENGINEER before implementation.
B. Project Permits
1. If required, and as determined by the CONTRACTOR, the
CONTRACTOR is responsible for obtaining a WPDES storm water
discharge permit for the dredging operation and subsequent sediment
dewatering.
2. If water discharge sampling is required, the CONTRACTOR is
responsible for completing the work and all associated costs. A final
report of results, including Wisconsin Department of Natural Resources
(WDNR) correspondence, will be provided to the ENGINEER as a
submittal at the end of the Project.
3. Provide a copy of the permit and associated conditions one (1) week
prior to commencing dredging operation.
4. CONTRACTOR is responsible for obtaining any other permits,
including any permit fees.
C. Daily Reports
1. The CONTRACTOR shall prepare and maintain a daily record of their
operations and a quality control report. At the end of each week, a copy
of the daily records and quality control activities shall be submitted to
the ENGINEER.
2. The daily records shall report the character and type of materials
removed, locations and depths wherever significant changes in nature
of material is observed, and depth at final completion. All other
inspections, as well as any corrective actions taken, shall also be
included in the daily reports.
2. Quality Assurance
A. The CONTRACTOR shall establish and maintain a quality control system
for all operations performed under this Section to ensure compliance with
the Contract requirements and shall maintain records of their quality
control for all operations performed.
B. Dredging must be performed by a crew qualified and certified for the
operations required to complete the work shown.
I 3. Periodic Inspections
A. ENGINEER shall perform periodic inspections of the work done under this
Section.
Page 7 of 11
B. Transporting Dredged Materials
1. All transportation systems shall be operated in such a manner to prevent
spills, leaks, waste, or other loss of material between point of excavation
and point of disposal.
2. ENGINEER will provide manifests for each truck load of sediment.
3. If any spillage of sediment or liquid occurs during transportation,
CONTRACTOR will immediately notify ENGINEER, and clean up all
spilled material. All associated costs are considered incidental and no
additional compensation will be considered.
C. Depositing Materials
1. The results of the sediment sampling report indicate the dredged
sediment will require management as solid waste. This includes
disposal at a licensed landfill permitted to accept the dredged spoils.
The dredged material for this site has been pre -approved by Waste
Management for disposal at their Valley Trail RDF in Berlin, Wisconsin.
CONTRACTOR to manage sediment per the Soil, Groundwater, and
Sediment Management Plan.
2. Compensation of loading, transporting, and disposing of dewatered
sediment shall be compensated by Bid Item #1226.
3. Tipping fees are to be paid by the CITY.
4. CONTRACTOR responsible for dewatering dredged materials meeting
the following requirements:
a. Material moisture content is acceptable to criteria established by the
disposal facility and no liquid leaks out of trucks during
transportation.
b. Material supports its own weight when unloaded at the landfill.
c. Material supports weight of any material placed over it without
slumping when unloaded at the landfill.
d. Material maintains stable slopes when unloaded at the landfill.
e. Coordination with the landfill on operation hours, frequency of
truck hauling sediment, and condition of sediment for disposal at
the landfill.
f. NOTE: the landfill has daily volume acceptance criteria.
CONTRACTOR is encouraged to contact Valley Trail Operations
Manager, Kurt Kietzer, at (920) 796-6008 to confirm daily
acceptance volume expectations. No additional compensation will
be considered based on landfill disposal or volume restrictions.
Page 9 of 11
2. Construction shall be phased such that no specific site shall be disrupted for
more than four (4) consecutive weeks from start to finish.
SP-11 CONCRETE AND ASPHALT PAVING CONSTRUCTION AND DREDGING
WORK
1. 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@oshkoshwi.gov) and Tracy Taylor (ttaylor@oshkoshwi.gov ).
2. Bid Item #1226 — Dredge Material, Load, Transport, and Dispose of Dewatered
Sediment
A. Work shall adhere to Section SP-9 of these Specifications.
B. The unit price for this Bid Item shall include all labor, tools, equipment, and
incidentals necessary to dredge, dewater dredge area, and transport sediment
to the temporary stockpile area. It shall also include all labor, tools, equipment,
and incidentals necessary to load and transport materials to the licensed
landfill.
C. This Bid Item shall be measured on a per Cubic Yard basis.
id
11
Page 11 of 11
CONTRACT AND BONDS
CONSTRUCTION CONTRACT
THIS CONTRACT, made on the day of 2024, 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 r 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 2024, 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 3
Contract Form 1-16-24.doot
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
5-0
(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
I:\Engineering\Tracy Taylor\Public Works Contracts\Contract Book Skeleton\Blank Construction
Contract Form 1-16-24.docc
Page 3 of 3
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
Id
Id
Title
Id Page 2 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
' U obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the
U 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
IH
I H
Title
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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.
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