Microsoft Word - 2021-CONTRACT-BASE-COURSE.docxAUTHORIZED AGENT: COUNTY HIGHWAY COMMISSIONER JAMES M. GRIESBACH MARATHON COUNTY HIGHWAY DEPARTMENT WAUSAU, WISCONSIN
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OFFICIAL NOTICE Notice is hereby given by Marathon County, Wisconsin, that it will receive sealed bids for the following item:
Sealed Bids will be accepted on or before April 9, 2021 up until 10:00 AM at the Office of the Highway Commissioner, Marathon County Highway Department, 1430 West Street Wausau, Wisconsin 54401. Bids will be publicly opened and read on the same date and location, Wausau, Wisconsin.
The work will consist of crushing and stockpiling or crushing and delivery of crushed aggregate base course material conforming to the specifications for Base Aggregate in the latest edition of “Wisconsin DOT Standard Specifications for Road & Bridge Construction” and any attached supplemental specification.
All bids shall be addressed to the Marathon County Highway Department, Marathon County, Wisconsin, properly identified and prepared on forms attached to the contract documents provided by the County. Actual receipt is required by said time; deposit in the mail is insufficient.
The contract documents including the specifications are on file and may be obtained at the office of the Highway Commissioner, 1430 West Street, Wausau, WI 54401. For contract and specifications please contact John St. Onge at 715-261-1812, between the hours of 7:00 am to 3:30 pm. For further information on this project please contact Kevin Lang at 715-261-1809 between the hours of 7:00 am to 3:30 pm.
No bid shall be withdrawn after the opening time of the bids, and for a period of thirty (30) days thereafter. The letting of the work described herein is subject to the provisions of Section 66.0901, Wisconsin Statutes.
No bid will be received unless accompanied by a Certified Check or a Bid Bond, equal to ten (10) percent of the bid, payable to Marathon County, Wisconsin, as a guarantee that if the bid is accepted the bidder will execute and file the contract and bond forming a part of the contract specifications within ten (10) days after the award of the contract.
It shall be unethical for any person to offer, give, or agree to give any elected official, employee or former employee, or for any elected official, employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer for employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the contents of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceedings or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or a higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract, or order. Award of the contract to the successful offerer shall be based upon the bid determined most advantageous to the County or made to the lowest responsible and responsive bid. The County reserves the right to accept or reject, in whole or in part, any or all bids, to waive technical deficiencies in the bid and to award a contract deemed in the best interest of the County. This solicitation may also be canceled if determined to be in the best interest of the County.
Wage rates as established and set forth by the State of Wisconsin Department of Workforce Development, in accordance with Chapter 66.0903 of the Wisconsin Statutes, shall be paid if applicable.
Compiled and published by authority of the Marathon County Highway Committee, Marathon County, Wisconsin.
James Griesbach Highway Commissioner
INSTRUCTION TO BIDDERS
MARATHON COUNTY PROCUREMENT POLICY All aspects of this Request for Bids will be in accordance with the Marathon County Procurement, sections 3.01 through 3.16 of the General Code of the County of Marathon. A copy of the Procurement policy is available at the office of the Marathon County Clerk, Marathon County Courthouse, 500 Forest Street, Wausau, Wisconsin 54403. The following are excerpts from the Marathon County Procurement Policy: GRATUITIES AND KICKBACKS It shall be unethical for any person to offer, give, or agree to give any elected official, employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or a higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontractor, or order. AMERICANS WITH DISABILITIES ACT COMPLIANCE In connection with the performance of work under this contract, CONTRACTOR agrees that no qualified individual with a disability, as defined by the Americans with Disabilities Act, shall, by reason of such disability, be excluded from participation and the benefits of services, programs, or activities, including employment, of be subjected to discrimination. CONTRACTOR is specifically notified that it is subject to employment requirements listed under Title I of the American Disabilities Act by virtue of its contract with Marathon County, a public entity. CONTRACTOR is specifically notified that it is subject to federal requirements to assure participation and access to public facilities, programs, and activities under Title II of the American Disabilities Act by virtue of its contract with Marathon County, a public entity. These requirements mandate separate of special programs or reasonable modification of existing programs, services, and activities without surcharge to disabled individuals as long as safety is not compromised. CONTRACTOR shall provide a similar notice to all its subcontractors. EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting their bid, each bidder must (a) examine the contract documents thoroughly; (b) examine the project sites to acquaint himself fully with adjacent property, means of approach to the site, existing conditions of the actual project site, and any other conditions which would affect the execution of the work to be included in the contract or work being performed and the facilities, for delivering, storing, replacing, and handling of materials and equipment; (c) familiarize himself with federal, state and local laws, ordinances, rules, and regulations affecting performance of the work; and (d) carefully correlate their observations with the requirements of the contract documents. SUBMISSION OF BIDS Sealed bids will be received by Marathon County, Wisconsin, hereinafter referred to as the Owner, for performing the work as set forth in the contract documents. Before submitting a bid, the bidder shall read the Instructions to Bidders, Bid Bond Forms, General Conditions, Supplemental Conditions, Agreement, Addenda, and Specifications; all of which are a part of the contract documents and contain provisions applicable to the successful bidder.
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METHOD OF BIDDING The only acceptable method of bidding a contract with Marathon County, Wisconsin, is described as follows and must be strictly complied with. All bids are to be made on the bid forms herein provided for and may be separated from the attached volume of specifications. The first step is the filing of a bid on the form the County has prepared. This bid must have attached to it the affidavit or organization and authority which indicates whether the bidder is a corporation, a partnership or a sole trader. The affidavit must contain a sworn statement that the bidder has examined and carefully prepared the bid from the plans or specifications and has checked the same in detail. (Section 66.0901, Wisconsin Statutes). At the same time there must be filed either the required bid bond or certified check in the required amount which is ten (10) percent of the bid minimum, conditioned that if the bidder is successful he will within the time limited by the county, file a properly executed contract and performance bond. The time limit for filing the executed contract and performance bond is ten (10) days from the time the county notifies the bidder in writing that he is the successful bidder. Each bid must be submitted in a sealed envelope, addressed to the Owner, marked with the project title, and bear the name of the bidder and their address. The bid shall be accompanied by the bid security and other required documents. Bids will be opened and read aloud shortly after the closing time stipulated in the bid. PUBLIC ANNOUNCEMENT AND SELECTION PROCESS It is the policy of Marathon County to publicly announce all requirements for CONSULTANT and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications and past performance with existing contracts as determined in pre-qualifying procedures. In the procurement of CONSULTANT and land surveying services, Marathon County shall request firms to submit a statement of qualifications and performance data. NON APPROPRIATION OF FUNDS Not withstanding anything contained in this contract to the contrary, no Event of Default shall be deemed to have occurred under this contract if adequate funds are not appropriated during a subsequent fiscal period during the term of this contract so as to enable the County to meet its obligations hereunder, and at least thirty (30) days written notice of the non-appropriation is given to CONTRACTOR. CHANGE ORDERS The scope of the services to be performed under this contract may be amended or supplemented by mutual written agreement between the parties to the Contract. This amendatory provision shall not operate to prevent the County from exercising it reserved right to establish reasonable time schedules of and for any of the work or services to be performed by CONTRACTOR here under, nor to cancel any of the services not performed at the time notice is given to CONTRACTOR of the cancellation of such services of portion of the work to be performed hereunder. DISPUTE RESOLUTION If a dispute related to this agreement arises, all parties shall attempt to resolve the dispute through direct discussions and negotiations. If the dispute cannot be resolved by the parties, and if all parties agree, it may be submitted to either mediation of arbitration. If the matter is arbitrated, the procedures of Chapters 788 of the Wisconsin Statutes of any successor statute shall be followed. If the parties cannot agree to either mediation or arbitration, any party may commence an action in any court of competent jurisdiction. If a lawsuit is commenced, the parties agree that the dispute shall be submitted to alternate dispute resolution pursuant of '802.12, Wisconsin Statutes, or any successor statute. Unless otherwise provided in this contract, the parties shall continue to perform according to the terms and conditions of the contract during the pendency of any litigation or other dispute resolution proceeding. The parties further agree that all parties necessary to the resolution of a dispute (as the concept of necessary parties is contained in Chapter 803, Wisconsin Statutes, of its successor chapter) Shall be joined in the same litigation of other dispute resolution proceeding. This language relating to dispute
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resolution shall be included in all contracts pertaining to this project so as to provide for expedient dispute resolution. NON-DEBARMENT CLAUSE CONTRACTOR hereby certifies that neither it nor any of its principal officers or officials have ever been suspended or disbarred, for any reason whatsoever, from doing business of entering into contractual relationships with any governmental entity. CONTRACTOR further agrees and certifies that this clause shall be included in any subcontract of this contract. STATEMENT OF COMPLIANCE Vendor has carefully reviewed Marathon County's required contract language, as set forth in the Request for Proposal/Bid pertaining to termination of contract, change orders, gratuities and kickbacks, non-appropriation of funds, hold harmless/indemnification, ADA compliance, insurance requirements/proof of insurance, dispute resolutions, and non-debarment, and is in full compliance with all statements and requirements. This contract language is incorporated herein by specific reference as if set forth in full. Any statements set forth in this contract document that conflict with Marathon County's contract language are superseded by Marathon County's required contract language. TERMINATION OF CONTRACTS The County may, for its convenience, terminate this contract at any time by a notice in writing from the County to CONTRACTOR by certified mail. If the Contract is terminated by the County as provided herein, CONTRACTOR shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of CONTRACTOR covered by this Contract, unless payments of compensation have previously been made. WITHDRAWAL OR MODIFICATION OF BID Bids may be withdrawn any time prior to the hour of opening bids, if so requested by the Contractor in writing, but no bid may be withdrawn after the time of opening bids is passed. REJECTION OF BIDS The right is reserved by the Owner to reject any or all bids, or parts thereof, and to award the contract to the bidder who in the judgment of the Owner will best serve the Owner. A bid which has not been prepared according to the instructions contained herein, or which does not include a price which is both adequate and reasonable on each and every item named in the bid, may be subject to rejection. TIME FOR EXECUTING CONTRACT LIQUIDATION DAMAGES Any Contractor whose bid is accepted will be required to appear at the Highway Department to execute the contract within ten (10) days after written notice of awarding the contract. Failure to do so shall constitute a breach of the agreement made by acceptance of the bid and the Owner shall be entitled to damages as a result of such a breach. The amount of the certified check or bid bond of such bidder shall be retained by the Owner as liquidated damages for such breach. Bid bond should be so stated that failure to sign contract within ten (10) days, the amount of bond should be paid to the Owner as liquidated damages. EXECUTING THE CONTRACT If the bid is by a corporation, the contract should be executed in the corporate name by the president and the secretary, each of whom should sign. The corporate seal should be attached. If the corporation has no seal a statement to that effect should be made. If the execution of the contract is by a corporation and it is not signed by both the president and the secretary, then a certified copy of the action of the board of directors should be provided, showing the authority of the parties signing the contract to sign for and on behalf of the corporation. If the bid is by a partnership the contract should be executed in the partnership's name, and signed by each of the partners. If all partners are unable to sign, satisfactory proof should be furnished. If the contract is with an independent Contractor who is neither incorporated
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or part of a partnership, the Contractor should so indicate and execute the contract in their own behalf. All contracts shall be signed in quadruplicate by the Contractor and the Owner. PERFORMANCE AND PAYMENT BONDS Upon award of the contract, separate performance and payment bonds, each in the amount of one hundred (100) percent of the contract price, with a corporate surety approved by the Owner and the Commissioner, will be required for the faithful performance of the contract. This guarantee shall remain in effect for a period of one year after the acceptance of the work by the Owner. The forms of the bonds are that provided in the contract documents. INTERPRETATION OF SPECIFICATIONS Requests for interpretation of specifications will be made in writing by the Contractor. No oral interpretation shall be binding on the Owner or shall said interpretation change any provisions of this contract. OMISSION AND DISCREPANCIES Bidders shall immediately report any omissions, errors, or discrepancies in the specifications to the Commissioner or Engineer who may send written instructions to all bidders. COMMENCEMENT AND COMPLETION OF WORK The Contractor will begin work within ten (10) days after the date specified in the Notice to Proceed. The Contractor will be required to complete the project within the days stated in the "Special Provisions". Time of completion is an ESSENTIAL CONDITION of the contract. The Contractor shall work regularly, diligently and uninterruptedly at such a rate of progress that will insure full completion of the contract within the contract time specified. It is expressly understood and agreed, by and between the Contractor and Owner, that the contract time for completion of the work described herein is a reasonable time for the completion of the same. For every calendar day of delay in completion of the work beyond the above contract time, unless extended in writing between the Contractor and the Owner, there shall be deducted from the amount due the Contractor the sum of three hundred dollars ($300.00) per day as liquidated damages which is fixed and agreed. The stated liquidated damage is not a penalty but an agreed upon amount between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would sustain in the event that the completion dates of the project are not met. WORK All work shall be done in accordance with the specifications and failure to do so makes the Contractor responsible for all costs incurred in determining whether or not finished work meets the specification requirements. All work shall satisfy the highest standards of acceptable work products consistent with the appropriate trades. SUBCONTRACTORS A complete list of proposed subcontractors and the class of work to be done by each must be filed with the proposal. The list may not be added to or altered without the written consent of the Marathon County Highway Commissioner. "Subcontractors" shall mean persons, firms or corporations as defined by Section 66.0901 (1) (d) Wisconsin Statutes and in the "General Conditions".
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GENERAL CONDITIONS DEFINITIONS The following terms are used in these contract documents, and are respectively defined as follows: (a) "Contractor" The person, firm or corporation to whom the within contract is
awarded by the Owner and who is sublet to the terms and thereof. (b) "Subcontractor" A person, firm or corporation other than a Contractor, supplying
labor, materials or equipment for work at the site of the project. (c) "Project" The entire public improvement proposed by the Owner to be
constructed/or produced/or performed in part or in whole pursuant to the within contract.
(d) "Surety" Any person, firm or corporation that has executed, as
surety, the Contractor's performance bond securing the performance and payment of the contract.
(e) "Owner" or “Department” Understood to mean Marathon County, Wisconsin. (f) "Work on the project” Work to be performed, including work normally done, at the
location of the project. (g) "Commissioner" Understood to mean the Highway Commissioner of Marathon
County, Wisconsin. CONTRACT DOCUMENTS The contract document consists of the Official Notice, Instruction to Bidders, General Conditions, Specifications, Contract, Bond, Contractor's Proposal, and Addenda, appropriate provisions of which apply to all Contractors and sub-Contractors. INTENT OF THE CONTRACT DOCUMENT The contract documents are complementary, and what is called for by any one, shall be as binding as if called for by all. The intention of the contract document is to include in the contract price, equipment, light, transportation, and all other expenses as may be necessary for the proper execution of the work. In interpreting the contract documents, words describing material or work which have a well-known technical or trade meaning unless otherwise specifically defined in the contract documents, shall be construed in accordance with such well-known meaning recognized by architects, engineers and the trades.
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LOCAL CONDITIONS It is understood that the Contractor has by careful examination, satisfied themselves as to the nature and location of the work, formation of the ground, quantity and quality of the materials to be encountered, character of the equipment and facilities needed prior to and during the execution of the work, general and local conditions, and all other matters which can in any way affect the work of this contract. CONTRACT SECURITY The Contractor shall furnish a surety bond (form attached) in the amount at least equal to one-hundred percent (100%) of the contract price as security for the faithful performance of this contract, and for the payment of all persons performing labor and furnishing materials in connection with this contract. SUBCONTRACTING The Contractor shall not subcontract any work to be performed or any materials to be furnished in performance of this contract without the written consent of the Owner. If the Contractor shall sublet any part of this contract, the Contractor shall be as fully responsible to the Owner for the acts and omissions of their subcontractor, and of the persons either directly or indirectly employed by this subcontractor, as they are for the acts and omissions of persons directly employed by himself/herself. SUBCONTRACTS The Contractor shall notify the Owner in writing of the names of the subcontractors proposed for the principal parts of the work, and shall not employ any subcontractor that the Owner objects to as incompetent or unfit. HOLD HARMLESS CONTRACTOR hereby agrees to release, indemnify, defend, and hold harmless Marathon County, their officials, officers, employees and agents from and against all judgments, damages, penalties, losses, costs, claims, expenses, suits, demands, debts, actions, and/or causes of action of any type or nature whatsoever, including actual and reasonable attorney's fees, which may be sustained or to which they may be exposed, directly or indirectly, by reason of personal injury, death, property damage, or other liability, alleged or proven, resulting from or arising out of the performance of contractor, its officers, officials, employees, agent or assigns. Marathon County does non waive, and specifically reserves, its right to assert any and all affirmative defenses and limitation of liability as specifically set forth in Wisconsin Statutes, Chapter 893 and related statutes. INSURANCE REQUIREMENTS CONTRACTOR shall not commence work under this contract until all insurance required under this paragraph is obtained, and such insurance has been approved Marathon County, nor shall CONTRACTOR allow any subcontractor to commence work on their subcontract until all similar insurance requirements have been obtained and approved. Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. In case any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide statutory Workers' Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR.
General Liability, Professional Liability and Property Damage Insurance. CONTRACTOR shall secure and maintain in force throughout the duration of this contract such General Liability, Professional Liability (if necessary) and Property Damage Insurance as shall protect itself and any subcontractor performing work covered by this contract from claims for damages for personal injuries including accidental death, as well as from claims for property damage, which may arise from operations under this contract, whether such operations be by CONTRACTOR, or by any subcontractor or by anyone directly or indirectly employed by either of them; and the amount of such insurance shall be as follows:
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Automobile Liability $1,000,000 per occurrence and $2,000,000 in aggregate for bodily injury and property damage.
Excess Liability Coverage, $1,000,000 over the General Liability and Automobile Liability Coverage.
If aircraft are used in conjunction with this project, $2,000,000 per occurrence and in aggregate for bodily injury and property damage.
Marathon County reserves the right to require higher or lower limits where warranted. Marathon County reserves the right to require additional security, including, but not limited to, bid bonds or performance bonds as specifically set forth in its request for bids or proposals. PROOF OF INSURANCE: CONTRACTOR shall furnish the County with a Certificate of Insurance countersigned by a Wisconsin Resident Agent or Authorized Representative of the insurer indicating that CONTRACTOR meets the insurance requirements identified above. The Certificates of Insurance shall include a provision prohibiting cancellation of said policies except upon 30 days prior written notice to the County and specify the name of the contract or project covered. The Certificate of Insurance shall be delivered to the Authorized Purchasing Agent, with a copy of the Certificate of Insurance to be delivered to the Marathon County Risk Manager for approval prior to the execution of this contract. Upon renewal of the required insurance, and annually thereafter, the County shall receive a new Certificate of Insurance for three years after completion of the project. The Certificates shall name Marathon County as an additional insured and describe the contract by name and or identification number in the "Description of Operations" section of the form. PUBLIC CONVENIENCE AND SAFETY The Contractor shall post such signs as may be approved by the Commissioner warning the public of the probable increased danger due to construction or performance of work. Until the work is accepted, the Contractor shall take all necessary precautions and place proper guards and barriers around the work, and shall between sundown and sunrise maintain suitable barred lights as warning signs, that may be provided by the county. COMMISSIONER OR HIS AGENT'S AUTHORITY The Commissioner or his agent shall have general supervision and direct all work and has the authority to stop the work whenever such stoppage may be necessary to insure proper execution of the contract. They shall also have authority to reject all work and materials which do not conform to the contract, to order the application of force to any portion of the work as in their judgment is required, to order the force increased or diminished and to decide questions which arise in the execution of the work. It is further agreed by all parties hereto, that the Commissioner or his agent shall in all cases determine the amount, quantities, or classification of the several kinds of work or material which are to be paid for under this contract. The Commissioner or his agent shall decide all questions, which may arise relative to the performance of this contract. All decisions of the Commissioner or his agent shall, when so requested, be rendered in writing. They shall be final and conclusive in all matters except the financial consideration involved. They shall be final also as to the financial consideration unless within ten (10) days after such a decision the Contractor applies in writing to the municipality for a review of such a decision. SPECIFICATIONS The work shall be executed in strict conformity with the specifications, and the Contractor shall do no work without proper specifications.
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INSPECTION
(a) All materials and workmanship (if not otherwise designed by the specifications) shall be subject to inspection, examination, and test by the Owner at any and all times during the manufacture, or construction, and at any and all places where such manufacture, or construction are carried on. The Owner shall have the right to reject material and workmanship which are defective or require their correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge; therefore, the Contractor shall promptly segregate and remove the rejected material from the premises.
(b) The Contractor shall furnish promptly without additional charge, all reasonable facilities, labor and materials necessary for the safe and convenient inspection and test that may be required by the Owner. All inspection and tests that may be required by the Owner shall be performed in such manner as not to unnecessarily delay the work. Special, full size performance tests shall be as described in the specifications. SUPERINTENDENCE The Contractor shall give their personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent or other representative satisfactory to the Owner, and having authority to act for the Contractor. AUTHORITY AND DUTIES OF INSPECTOR The Commissioner and his representative shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection. The inspectors employed by the Owner shall be authorized to inspect all work done, and material furnished. Such inspectors shall report to the Commissioner as to the progress of the work, and the manner in which it is being performed. He shall report all failure on the part of the Contractor to fulfill the requirements of these specifications and the contract. Such inspectors shall not relieve the Contractor from any obligation to perform all of the work strictly in accordance with requirements of the specifications. Disagreements between the inspector and the Contractor, and any employee of the Contractor shall be referred to and be decided by the Commissioner. The inspector is not any part of the work. The inspector is in no case to act as foremen or to perform any duties for the Contractor, nor to interfere in any way with the management of the work by the latter. Any advice which the inspector may give the Contractor shall not be construed as binding on the Owner or the Commissioner, or release the Contractor from fulfilling the terms of the contract. EXTRA, ADDITIONAL, OR OMITTED WORK, PAYMENT The Owner, upon proper action by its governing body, may authorize changes in, additions to, or deductions from, the work to be performed or the material to be furnished pursuant to the provisions of the contract or any other contract document. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deductions shall be determined by one or more of the following methods:
(a) By unit price contained in the Contractor's original bid and incorporated in the construction contract.
(b) By a supplemental schedule of prices contained in the Contractor's original bid and
incorporated in the construction contract.
(c) By an acceptable lump sum proposal from the Contractor.
(d) On a cost-plus-limited-basis not to exceed a specified limit. A cost-plus-limited-basis is defined as the cost of labor, materials, and insurance, plus fifteen percent (15%) of the said cost to cover superintendence, general expense and profit.
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No claim for an addition to the contract sum shall be valid unless authorized as aforesaid. UNAUTHORIZED WORK Work done without lines or grades or instructions from the Commissioner or the Owner or all work done beyond the limits of the contract as designated by the specifications or extra work done without written authority will be considered unauthorized and will be done at the expense of the Contractor and will not be paid for. Work so completed may be ordered removed or replaced at the Contractor's expense. INCIDENTALS ABSORBED All work and materials covered by these specifications or any work or material that may be reasonable from the information given upon the specifications, and that is necessary to complete the work; or the tools, or appliances, or structures that may be constructed by the Contractor for carrying out the work, shall be furnished by the Contractor and the cost of all this material and work shall be included and absorbed by the prices and amounts mentioned in the Contractor's proposal. CONTRACTOR'S RESPONSIBILITY FOR DAMAGED WORK Until the acceptance of the work by the Owner, it shall be in charge and part of the Contractor and he shall take every necessary precaution against injury or damage of the work completed or any part thereof, by any action of the elements or by any cause whatsoever arising from the execution or non- execution of the work. The Contractor shall build, repair, and restore at their own expense; injuries of any character whatever to any part of the work in place, or materials to be used in the work and shall upon order of the Commissioner remove any materials which have been damaged, and will make good any damage to the work which has occurred through any cause whatsoever and the work will not be considered complete until such damages have been acceptably repaired. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor any provision in the contract documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship within the extent and period provided by law and, upon written notice, they shall remove any defects due thereto, and pay for any damage due to other work resulting therefrom, which shall appear within one year after date of completion and acceptance. OWNER'S RIGHT TO DO WORK If the Contractor should neglect to execute the work properly or fail to perform any provision of this contract, the Owner after three days written notice to the Contractor and their surety, may without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor.
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MATERIALS AND WORKMANSHIP Unless otherwise stipulated in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this contract are to be new and of the best grade of their respective kinds for the purpose. The Contractor shall if required, furnish evidence as to kind and quality of materials. The Contractor shall furnish the Owner for their approval, the name of the manufacturer of machinery, mechanical, and other equipment; which they contemplate installing, together with their performance capacities and other pertinent information. When required by the specifications, or when called for by the Owner, the Contractor shall furnish the Owner, for approval, full information concerning the materials or articles which they contemplate incorporating in the work. Samples of materials shall be submitted for approval when so directed. Machinery, equipment, materials, and articles installed or used without such approval shall be at the risk of subsequent rejection. MATERIALS All material furnished by the Contractor shall in all respects comply with the specifications and will be inspected by the Commissioner or his agent at the site of the work. All work and materials not otherwise described shall be of the best description and should any workmanship or materials be needed which are not directly or indirectly noted in the specifications, but are nevertheless necessary to the proper execution according to the obvious intent thereof, the Contractor shall understand the same to be implied and shall provide for it in their bid as fully as if it were particularly described. PAYMENT FOR LABOR AND MATERIAL The Contractor specifically agrees to pay for all claims for labor performed at rates at least equal to the prevailing wage scale provided by the Wisconsin Department of Workforce Development, pursuant to s. 66.0903 Stats. for this project. And materials furnished, used or consumed in completing the foregoing contract together with all items are enumerated in Section 779.16 of Wisconsin Statutes as the obligation of the Contractor. GUARANTEE The Contractor shall guarantee that all materials and workmanship conform to these specifications, and for a period of one year thereafter, in case of any defects as to materials and workmanship which exist or appear in any part of the work constructed by them, the Contractor agrees to forthwith repair the same upon the specification by the Owner, using the same materials required by the specifications, and in case the Contractor shall fail to make such repairs, or cause the same to be made, the Contractor agrees to pay on demand the cost thereof to said Owner upon the completion of such repairs, and the Contractor further agrees and construction of said work in the contract which may become a lien or claim against the Owner. This guarantee shall be considered a part of the contract and the fulfillment thereof shall be secured by the surety bond of the Contractor. POSTING AND NOTICE TO EMPLOYEES OF CONTRACTOR Wisconsin Statutes 66.293 (3) (f) provides that: (8) POSTING. For the information of the employees working on the project, the prevailing wage rates determined by the department or exempted local government unit, the prevailing hours of labor and the provisions of subs.(10)(a) and(11)(a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site on the project, at the place normally used by the local governmental unit to post public notices. AFFIDAVITS Upon completion of the contract, the contractor shall submit and affidavit concerning wages and owner- operated truck rental rates for work performed on the contract, in the form prescribed, the affidavit attests that the rates of pay for all laborers and mechanics and the owner-operated truck rental rates for all work performed on the contract have been in full compliance with the contract provisions as required by section 103.50 of the Wisconsin Statutes.
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BID BOND KNOW ALL MEN BY THESE PRESENTS that ____________________ of the county of _____________________, Wisconsin, as principal and of _________________, state of ______________________________, a corporation organized and existing under the laws of the state of ____________________________________, and authorized to transact business in the State of Wisconsin (hereinafter called surety) are held and firmly bound unto the county of _________________________, a municipal corporation of the State of Wisconsin in the penal sum of ________________________________ dollars good and lawful money of the United States of America, to be paid to the County of ____________________________________ its duly authorized attorneys, agents, or officers of it successors or assigns for which payment, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally by these presents. Sealed with our seals and dated this ______________________ day of ________________________, 20____. Whereas the above bounded principal has this day filed a bid with the County of for the performance of the following work, namely, which said bid is hereto attached and made a part of this bond, NOW THEREFORE, the condition of the above obligation is such that if the above principal __________________________ shall file and properly execute the proper contract and performance bond within the time limited by the county which contract and performance bond shall provide for the doing of such work upon the terms and conditions of the plans and specifications and upon the terms and conditions of the bids, then this obligation to be void, otherwise to be and remain in full force and effect. Signed, sealed and delivered _________________________(SEAL) in presence of as to principal Principal ___________________________ _________________________ ___________________________ _________________________ _________________________(SEAL) By:_________________________ IMPORTANT: a certified copy of Power of Attorney of the signing agent must be attached to this document.
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CONTRACT
FOR
Crushed Aggregate Base Course
This contract, made this _________ day of _________________ 20 by________________________ and between __________________ Herein after called the "Contractor" and Marathon County a municipal corporation, located in Marathon County, Wisconsin, hereinafter called "Owner".
WITNESS: That the Contractor and Owner for the consideration stated herein agree as follows: ARTICLE I - SCOPE OF WORK The Contractor shall furnish everything required to perform the work and shall provide and furnish all the labor, materials, equipment, necessary tools, expendable equipment, insurance as specified, contributions to Social Security and utility and transportation services and supplies necessary to construct or perform in a part of this contract, and in strict compliance with the proposal and the other documents which are a part of this contract; Contractor shall do everything required by the contract and by the documents forming a part thereof. ARTICLE II - CONTRACTOR'S ACKNOWLEDGMENT The Contractor Acknowledges: (1) That he understands the plans (if applicable) and specifications; (2) That he has the equipment, technical ability, personnel and facilities to construct or perform the work in accordance with the plans (if applicable) and specifications; (3) That the plans (if applicable) and specifications are, in their opinion, appropriate and adequate for the complete construction or performance of the work in a sound and suitable manner. ARTICLE III - CONTRACT PRICE The Owner shall pay to the Contractor for the performance of the contract, subject to additions or authorized changes as provided for in the proposal or in the specifications, the contract price to be determined according to the bid proposal.
Unless otherwise provided in detailed specifications, payments are to be made to the Contractor not later than the 16th day of each month, on the basis of written estimates submitted by the Contractor and approved by the Commissioner and governing committee of the value of work performed during the preceding month, but Owner will retain ten (10) percent of the amount of each such estimate until completion and acceptance of all work included in this contract.
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The Highway Commissioner of Marathon County, in case the work under this contract is not complete within the time required or within an extended time approved in writing by the Commissioner, is authorized to take charge of the work and finish it at the expense of the Contractor and their sureties and to apply the amount retained from the estimates to the completion of the work. ARTICLE IV - PAYMENT FOR LABOR AND MATERIAL
The Contractor specifically agrees to pay for all claims for labor performed at rates at least equal to the prevailing wage scale provided by the Wisconsin Department of Workforce Development, pursuant to s. 66.0903 Stats. for this project (if applicable) and materials furnished, used or consumed in completing the foregoing contract together with all items are enumerated in Section 779.16 of Wisconsin Statutes as the obligation of the Contractor. ARTICLE V - PARTS OF THIS CONTRACT The contract documents form a complete unit and requirements called for by one are as binding as if called for by all. Special specifications shall control over general specifications.
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SPECIAL PROVISIONS 1. General:
The work under this contract is for item 305.0110 Base Aggregate Dense 3/4 inch to be supplied under Alternates 1, 2 or 3 below; in accordance with the current "State of Wisconsin Department of Transportation Standard Specifications for Road and Bridge Construction and these special provisions.
ALTERNATE 1: Crush and stockpile item 305.0110 Base Aggregate Dense 3/4 inch.
ALTERNATE 2: Crush, stockpile and load item 305.0110 Base Aggregate Dense 3/4 inch.
ALTERNATE 3: Crush, stockpile, load, haul, place, fine grade and compact item 305.0110 Base Aggregate Dense 3/4 inch as illustrated in Figure 1 – Typical Section and as noted in the Standard Specifications and these Special Provisions. Contractor shall provide a scale for measuring the tonnage of material. If a scale is not available the contractor may be allowed other means of measuring the material; all other methods must be approved by the Department and will be at the Contractor’s expense (i.e. driving random samples of loaded trucks to a remote scale location – contractor will be charged for additional trucking). Alternate methods should be approved prior to the bid opening.
Section 305.2.2.1 General of the Standard Specifications is modified as follows:
305.0110 Base Aggregate Dense 3/4 inch; The percent passing the No. 200 Sieve shall be between 6.5 – 12.0.
305.0120 Base Aggregate Dense 1 ¼ inch; The percent passing the No. 200 Sieve shall be a maximum of 7.0. Crushed Gravel will not be acceptable; material shall be crushed stone, crushed concrete or other blend approved by the Highway Commissioner before the bid opening.
The Contractor shall provide evidence that materials meet soundness and wear requirements referenced in the Wisconsin DOT Standard Specifications.
2. Alternate 3 Additional Special Provisions:
Contractor shall take care to not damage the asphalt surface during placement of item 305.0110 Base Aggregate Dense 3/4 inch. The most common measure taken to prevent damage is beginning work early in the morning and terminating work as soon as the temperatures and sun make the pavement soft to the point that equipment is visibly causing damage. Addition measures have included watering of the roadway.
Thicknesses will vary from 1” to 4” based on the scope of the asphalt paving. Contactor shall be responsible for setting immediate work zone signs and flagging in accordance with the 2020 Wisconsin Flagging Handbook and all incidentals necessary to complete the work. Note two flaggers will typically be required for all work completed on the highways. The Handbook can be found online at the following link. https://wisconsindot.gov/dtsdManuals/traffic-ops/manuals-and-standards/flagger.pdf
Alternate 3 includes grading material into driveways and side streets to make a gradual transition. Typically the maximum grade shall be 10%. Additional effort shall be made to grade
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driveways and gravel streets such that they are no steeper than the existing condition (minimum) or graded to provide a relatively level pad for one vehicle to stop adjacent to the highway (desirable).
3. Payment and Quantities: Payment will typically be made within thirty (30) days after completion of and acceptance of the materials and proper invoices are received. A retainer will be deducted if the owner has a discrepancy on the material quantity, quality, or placement.
Actual quantity may vary from the estimated quantities. Contractor shall be paid for actual tonnage of material picked up for the project and is not guaranteed a minimum tonnage to be picked up.
4. Contract Time:
Contract time for Alternates 1 and 2 will be calculated as 1 working day per 1500 tons of material. Typically contractors have materials prepared in advance of the project and available for pickup. If material is not readily available, the contractor will have 21 calendar days after receiving a notice of award to begin crushing operations and will be required to provide a minimum of 1500 tons of material per day. If requirement is not met, liquidated damages are applicable.
Extensions of time may be allowed by the Owner for reasonable delays due exclusively to causes beyond the control and without the fault of the Contractor. This includes but is not restricted to extra work or supplemental contract work added to the original contract caused by fires, strikes, floods, accidents, and unreasonable delays in receiving ordered materials and equipment.
All requests for extension of the time shall be presented in writing to the Commissioner within ten (10) calendar days after the occurrence of the claimed delay. Request shall be accompanied by all necessary supporting data and if based on valid grounds will be considered by the Owner. Such extensions of time will be granted as may seem to be fair and reasonable. However, no claims will be considered when based on delays caused by conditions existing at the time bids were received and of which the Contractor might be reasonably expected to have knowledge of at the time of bidding. No claims will be considered for delays caused by failure on the part of the Contractor to anticipate properly the requirements of the work contracted for as to materials, labor and equipment or as to time lost by any condition of weather, whatsoever.
5. Holiday Work Restrictions: The County will not perform work during the following holiday period: From 12:00 p.m. on the Friday immediately prior to Memorial Day to 6:00 a.m. on the Tuesday immediately after Memorial Day, From 12:00 p.m. on the Friday immediately prior to Labor Day to 6:00 a.m. on the Tuesday immediately after Labor Day, and from 12:00 p.m. on July 2, 2021 to 6:00 a.m. on July 6, 2021.
6. Project Funding: All projects are funded with County funds in addition to the funds below;
a. CTH M is partially funded with CHI funds through Project No. 16528
7. Material Testing: The contractor is responsible for all required sampling and testing as described in Section 460 of the Standard Specifications. The Contractor shall provide (1) current certifications verifying materials meet soundness and wear requirements and (2) gradation test results. The contractor will pay for any costs or penalties as a result of QC and/or QV testing.
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8. Bid Award: There may be a split award between any and all Bids. Haul distance will be a major determining factor in the award to the successful bidder(s). (See map for project location.) Construction scheduling, logistics and administration will also be considered in bid awards. Bidders are not required to bid on all items or all Alternates.
9. Wages: Wage rates are not required for this work.
10. Invoices: Invoices shall be submitted to the owner within 30 days of material being picked up. Invoices shall include daily totals of materials picked up and shall be separated by project.
FIGURE 1: Typical Section:
BID PROPOSAL
Instructions to bidder: For each item you are bidding, fill in pit location and bid price per ton in TABLE 1. You are not required to bid on all items or all alternates. Marathon County will split bids and award each Bid and Item individually to the bid that is the most cost effective for the County; factoring in trucking, scheduling, logistics and other costs.
Optional Annual Material Pricing: Vendors are encouraged to submit a separate sheet(s) with materials available for the 2021
season. Pricing should include the following items.
Primary contact Pit location
Description of material Unit pricing
Any other information deemed necessary for safe and efficient operations at the sites.
This pricing will typically be used for selecting materials during the current construction season for maintenance and paving project with de minimis quantities. BID BOND AND BONDING REQUIREMENTS ARE NOT REQUIRED FOR ANNUAL MATERIAL PRICING BIDS.
Bid Proposal On:
ALTERNATE 1: Crushing and stockpiling of Base Aggregate Dense 3/4 inch. (Marathon County provides a loader)
ALTERNATE 2: Crushing, stockpiling and loading of Base Aggregate Dense 3/4 inch. (Material will be loaded into Marathon County trucks by the Bidder)
ALTERNATE 2: Crushing, stockpiling, loading, hauling, placing, fine grading and compacting Base Aggregate Dense 3/4 inch, along with setting immediate work zone signs and flagging in accordance with the 2020 Wisconsin Flagging Handbook and all incidentals necessary to complete the work. Note two flaggers will typically be required for all work completed on the highways. The Handbook can be found online at the following link.
https://wisconsindot.gov/dtsdManuals/traffic-ops/manuals-and-standards/flagger.pdf
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BID HIGHWAY BID ITEM
305.0110 3/4” AGG.
BASE 11,850 $ $ $
APPROX. EARLY START DATE
STH 97 – CTH S STH 153 – CTH
2’ - 4’ 6/14/21
II CTH P STH 13 – STH 97 3’ - 4’ 8/1/21
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Contractor will furnish the County with Certification of Insurance, Wage Scale, Liability Insurance, Zoning and DNR Permits and Pit Agreements. The undersigned, having familiarized himself with the conditions affecting the cost of the work, having read completely the specifications, hereby proposes to perform everything required and to provide and furnish labor, materials, equipment, tools and all other services and supplies necessary to produce in a complete and workmanlike manner all of the materials described in the specifications relating to this project. The following documents have been submitted as part of this proposal:
I. Certified check equal to ten (10) percent of the total bid or a Bid Bond equal to ten (10) percent of the total amount.
II. Bid Proposal I further certify that I have carefully examined the plans, specifications, contract, bonds, and contract documents, and site where the work is to be done and have no agreements to prevent the completion of said work. I further agree to enter into contract as provided in the contract documents under all the terms, conditions, and requirements of those documents. Company Name____________________________________________ Address_________________________________________________ Street City State Zip Code By______________________________________________________ Title___________________________________________________ Signature_______________________________________________ Telephone_________________________ Date____________, 20__
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Signing Instructions For This Contract and Performance Bond. For a Corporation: 1. Both President and Secretary must sign. 2. Corporate seal must be affixed. 3. Two witnesses must sign. For a Partnership: 1. Both or all partners must sign. 2. Two witnesses must sign. For a Sole Trader: 1. He/She must sign. 2. two Witnesses must sign. Name of Contractor_______________________________________________ Witnesses: By____________________________ President-Owner-Partner ___________________________
By____________________________ ___________________________ Secretary-Partner Affix Corporate Seal Here Dated_______________, 20___ ================================================================= Marathon County Witnesses: By____________________________ Highway Commissioner ____________________________ ____________________________ Approved as to form. By__________________________ Date_________________, 20___