PROJECT MANUAL

2021-05 Jordan Park Dam Repair

Jordan Pond Dam Portage County, WI

Field File # 49.08

Key Sequence No. 26

Prepared By:

Becher-Hoppe Associates, Inc.

330 N. 4th Street Wausau, WI 54403-5417 www.becherhoppe.com

BHA Project Number: 2019.027.00

Table of Contents 00 01 10-1 2019.027.00

TABLE OF CONTENTS – Jordan Pond Dam Concrete Repairs BHA #: 2019.027.00

Division Section Title Number of Pages

PROJECT TITLE PAGE, CERTIFICATIONS PAGE

DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT FORMS

00 01 10 TABLE OF CONTENTS 2

00 11 13 ADVERTISEMENT FOR BIDS 2

00 21 13 INSTRUCTIONS TO BIDDERS 14

00 22 00 FEDERAL WAGE RATES 47

00 41 00 BID FORM FOR CONSTRUCTION CONTRACTS 8

00 43 13 BID BOND 2

00 43 36 PROPOSED SUBCONTRACTORS FORM 2

00 45 13 QUALIFICATION STATEMENT 14

00 45 43 CORPORATE RESOLUTIONS 2

00 51 00 NOTICE OF AWARD 2

00 52 00 AGREEMENT FORM 10

00 55 00 NOTICE TO PROCEED 2

00 61 13.13 PERFORMANCE BOND 4

00 61 13.16 PAYMENT BOND 4

00 62 76 CONTRACTORS APPLICATION FOR PAYMENT 4

00 72 00 GENERAL CONDITIONS 74

00 73 00 SUPPLEMENTARY CONDITIONS 8

DIVISION 1 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK 2

01 12 19 CONTRACT INTERFACE 2

01 31 00 PROJECT MANAGEMENT AND COORDINATION 4

01 33 00 SUBMITTAL PROCEDURES 4

01 35 13 SPECIAL PROJECT PROCEDURES 6

01 40 00 QUALITY REQUIREMENTS 2

01 50 10 TEMPORARY FACILITIES AND CONTROLS 2

01 55 26 TRAFFIC CONTROL 2

01 60 10 PRODUCT REQUIREMENTS 2

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 2

01 77 00 CLOSEOUT PROCEDURES 2

DIVISION 03 – CONCRETE

03 10 00 CONCRETE FORMING AND ACCESSORIES 4

03 30 00 CAST-IN-PLACE CONCRETE 4

03 30 10 PARTIAL DEPTH CONCRETE SURFACE AND CRACK REPAIR 4

DIVISION 04- MASONRY

04 05 13 MASONRY MORTARING 5

04 05 31 MASONRY TUCK POINTING 3

DIVISION 33 – SLIDE GATES

33 41 50 SLIDE GATES 2

Table of Contents 00 01 10-2 2019.027.00

THIS PAGE INTENTIONALLY LEFT BLANK

Advertisement for Bids 00 11 13-1 2019.027

ADVERTISEMENT FOR BIDS

2021-05 Jordan Park Dam Repair Portage County, Wisconsin

TIME AND PLACE FOR BIDDING

Notice is hereby given by Portage County, Wisconsin, that it will receive separate sealed bids for the 2021- 05 Jordan Park Dam Repair project until 11:00 AM March 4, 2021 in the Portage County Purchasing Office, ATTN: Chris Schultz, 1462 Strongs Avenue, Stevens Point, WI 54481. Bids will be publicly opened and read aloud at that time.

DESCRIPTION OF WORK

The 2017 dam inspection revealed no conditions that require immediate action on conditions that would compromise the continued safe operation of the dam. There were, however, several deficiencies requiring short term action to assure continued long term safe operation of the dam as directed in the 2017 WDNR dam safety compliance letter.

The most significant deficiency was concrete deterioration of the primary timber slide gate spillway and the auxiliary timber slide gate spillway leading to the power canal. Concrete deterioration of dam structures exposed to frequent freeze/thaw action is ongoing and periodic repairs are typical. The existing primary and secondary spillway outlets are showing continued concrete deterioration on the concrete abutment walls, support piers and head walls. Concrete repairs performed sooner than later will reduce repair costs that might otherwise develop into more major repairs efforts if not addressed.

The work consists of concrete crack repairs and concrete overlay repairs to the adjacent concrete structures, as shown on the plans. If the mandatory alternate is accepted

The 2017 inspection report, as well as, an in depth repair report prepared by IEI General Contractors Inc is available upon request.

The proposed improvements include, but are not limited to, the following approximate major bid item quantities:

Item Description Estimated Unit Quantity

Heavy Riprap 10 CY Mobilization 1 LS

Traffic Control 1 LS 9" Concrete Abutment Wall Overlay 224 SF

6" Spillway Concrete Overlay 254 SF Quality Control Material Testing Program 1 LS Structural Crack Repair (undistributed) 100 LF

Non-Structural Crack Repair (Undistributed) 100 LF Partial Depth Concrete Repair 0 to 3-Inch Thickness 210 SF Partial Depth Concrete Repair 3 to 6-Inch Thickness 125 SF

Partial Depth Concrete Repair 6-Inch or Greater Thickness 70 SF Remove and Reset Auxiliary Gate Hoist Frame 1 LS

Principal Spillway Stoplogs (3 Gates) 1 LS Auxiliary Spillway Stoplogs (2 Gates) 1 LS

Advertisement for Bids 00 11 13-2 2019.027

Mandatory Alternate #1: Replace Existing Auxiliary Spillway Stop Log Gates with Two 10' wide by 8' high manually operated slide gates with self-contained frames and rising stems

1 LS

Mandatory Alternate #2: If Mandatory Alternate #1 is accepted by the Owner, Bid Item #14 of the Base Bid shall be deleted 1 LS

Mandatory Alternate #3: If Mandatory Alternate #1 is accepted by the Owner, under Base Bid Item #12, re-setting the existing stop log gate hoist will be unnecessary, but removal and disposal of the existing gates, hoist frame, and any other ancillary hardware will be necessary for installation of the new slide gates

1 LS

DOCUMENTS

The Project Manual, with Drawings and Bidding Forms, is on file and may be reviewed at the office of Becher-Hoppe Associates, Inc.

Complete digital project bidding documents are available at www.becherhoppe.com or www.questcdn.com.

You may download the digital plan documents for $15.00 by inputting Quest Project #7561586. 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. Please contact us at 715-845- 8000 if you have any questions. Technical questions regarding the project may be directed to the engineer, Archie C. Becher, PE at phone no. 715-571-0404 or email: abecher @becherhoppe.com.

PRE-BID CONFERENCE

A Pre-Bid Conference will not be held for this project.

PROOF OF RESPONSIBILITY

Potential bidders shall submit a Qualification Statement per Specification 00 45 13 to the Engineer’s Office, five business days prior to the bid opening.

Portage County reserves the right to reject the bid by a contractor when answers in the Proof of Responsibility and financial statement are not satisfactorily sufficient.

SUBMITTING BIDS

No bids shall be considered unless submitted on the official Bid Form by a qualified bidder. Each bidder must deposit with the BID, security in the amount, form and subject to the conditions provided in the Instructions to Bidders along with supplement forms required. The Owner reserves the right to reject any or all bids, to waive any informalities in bidding, and to award the contract(s) in the best interests of the Owner. No bid shall be withdrawn for a period of 60 days after the bid opening.

Additional bidding information is included in a summary Legal Notice Published in the Stevens Point Journal, February 9, 2021 and February 16, 2021

EJCDC® C-200, Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACTS

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-2

Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-3

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-4

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Bidder Proof of Responsibility – Qualifications Statement (Wisconsin Statutes, Section 66.0901(2)

A municipality intending to enter into a public contract may, before delivering any form for bid proposals, plans, and specifications to any person, except suppliers, and others not intending to submit a direct bid, require the person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths. The statement shall consist of information relating to financial ability, equipment, experience in the work prescribed in the public contract, and other matters that the municipality requires for the protection and welfare of the public in the performance of a public contract. The statement shall be in writing on a standard form of a questionnaire that is adopted and furnished by the municipality. The statement shall be filed in the manner and place designated by the municipality. The statement shall not be received less than 5 days prior to the time set for the opening of bids. The contents of the statement shall be confidential and may not be disclosed except upon the written order of the person furnishing the statement, for necessary use by the public body in qualifying the person, or in cases of actions against, or by, the person or municipality. The governing body of the municipality or the committee, board, or employee charged with, or delegated by the governing body with, the duty of receiving bids and awarding contracts shall properly evaluate the statement and shall find the maker of the statement either qualified or unqualified.

Potential bidders shall submit a Bidders Proof of Responsibility – Qualifications Statement on or before date given in Advertisement for Bids. Proof of Responsibility – Qualifications Statement must be filed utilizing the Owner’s form contained in the Bidding Documents.

Proof of Responsibility shall be filed with the owner at the address given in the Advertisement for Bids.

3.01 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-5

3.02 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

a. All costs for providing copies of reports and drawings shall be paid by Bidders directly to the Owner. Reports and drawings may be reviewed at Owner’s place of business at no cost to Bidders.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-6 furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-7

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-8 response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or the period of days that the bids remain subject to acceptance as identified in the Advertisement or Invitation to bid, plus one day, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 10 days prior to the date for receipt of Bids.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-9

A. Name of manufacturer and type or model designation.

B. Statement of experience including installation of exact materials and/or equipment proposed.

C. Detailed descriptive information of materials and/or equipment which would be provided.

A shop drawing of the equipment and/or materials from a previous project is desirable.

D. Information sufficient to perform a total present worth cost-effectiveness analysis:

1. Energy requirements of use: kilowatts per hour.

2. Labor required (i.e. for example, hours per week for a lift station mechanic) for normal operation and maintenance over a 20 year period.

3. Cost of replacement parts and/or materials (i.e. current year basis) required for normal operation and maintenance over a 20 year period.

E. One copy of the equipment or material supplier’s unpriced proposal, as submitted to the Bidder, which explains and delineates the equipment or material to be supplied and its installation requirements.

Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder.

Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 List of Sub-Contractors

A complete list of proposed Subcontractors and the class of work to be performed by each shall be filed with the Bid. The list may not be added to or altered without a change order from the Owner. [Wisconsin Statutes, Section 66.0901(7)].

12.02 If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-10 the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-11

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the Standard General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.03 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following documents:

A. Corporate Resolutions

The Corporate Resolutions form, on attached page 00 45 43-1, indicates whether the bidder is a corporation, a partnership, or a sole trader. The Resolutions must contain a sworn statement that the bidder has examined and carefully prepared the Bid from the Plans and Specifications, and has checked the same in detail [Section 66.0901(7), Wisconsin Statutes].

B. Disclosure of Ownership (required when State Wage Rates are applicable)

The Disclosure of Ownership form, No. ERD-7777, on attached page 00 46 00-1, must be completed and submitted with the Bid. The instructions for completing this document are self-explanatory.

C. Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (Required on Federally Funded Projects only; otherwise not applicable).

The Lobbying Certification on attached page 00 46 50-1, must be completed and submitted with the Bid. The instructions for completing are self-explanatory.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.”

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-12

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 Withdrawal of Bids shall be pursuant to Wisconsin Statutes, Section 66.0901(5).

A. If a person submits a bid or proposal for the performance of public work under any public contract to be let by a municipality and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder may not bid upon the public contract unless it is readvertised and relet upon the readvertisement. If a bidder makes an error, omission or mistake and discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality clear and satisfactory evidence of the mistake, omission or error and that it was not caused by any careless act or omission on the bidder’s part in the exercise of ordinary care in examining the plans or specifications and in conforming with the provisions of this section.

If the discovery and notice of a mistake, omission or error causes a forfeiture, the bidder may not recover the moneys or certified check forfeited as liquidated damages unless it is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Advertisement or Invitation to Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-13

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Conform to § 77.54 (9m) of the Wisconsin statutes:

77.54 General Exemptions. These are exempted from the taxes imposed by this subchapter:

77.54 (9m) The sales price from the sale of and the storage, use, or other consumption of tangible personal property, or items or property under s. 77.52 (1) (b) or (c), sold to a construction contractor who, in fulfillment of a real property construction activity, transfers the tangible personal property, or items or property under s. 77.52 (1) (b) or (c), to an entity described under sub. (9a) (b), (c), (d), (em), or (f), if such tangible personal property, or items or property, becomes a component of a facility in this state that is owned by the entity. In this section, “facility” means any building, shelter, parking lot, parking garage, athletic field, athletic park, storm sewer, water supply system, or sewerage and waste water treatment facility, but does not include a highway, street, or road.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Page 00 21 13-14

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FEDERAL WAGE RATES 00 22 00-1 2019.027

SECTION 00 22 00 - FEDERAL WAGE RATES

PART 1 - I. PREVAILING WAGE RATES

1.1 The attached U.S. Department of Labor (Davis-Bacon Minimum Wage Rates) furnishes the minimum prevailing wage rates pursuant to the Davis-Bacon and Related Acts. The wage rates shown are the minimum rates required by the contract to be paid during its life, however this is not a representation that labor can be obtained at these rates. It is the responsibility of bidders to inform themselves as to the local labor conditions and prospective changes or adjustments of wage rates. No increase in the contract price will be allowed or authorized on account of the payment of wage rates in excess of those listed herein.

PART 2 - II. COVERAGE OF TRUCK DRIVERS

2.1 Truck drivers are covered by Davis-Bacon Minimum Wage Rates in the following circumstances:

A. •Drivers of a contractor or subcontractor for time spent working on the site of the work.

B. •Drivers of a contractor or subcontractor for time spent loading and/or unloading materials and supplies on the site of the work, if such time is not de minimis.

https://www.dol.gov/whd/FOH/FOH_Ch15.pdf

C. •Truck drivers transporting materials or supplies between a facility that is deemed part of the site of the work and the actual construction site.

D. •Truck drivers transporting portions of the building or work between a site established specifically for the performance of the contract where a significant portion of such building or work is constructed and the physical place where the building or work called for in the contract will remain.

2.2 Truck drivers are not covered by Davis-Bacon Minimum Wage Rates in the following circumstances

A. •Material delivery truck drivers while off the site of the work.

B. •Drivers of a contractor or subcontractor traveling between a Davis-Bacon job and a commercial supply facility while they are off the site of the work.”

C. •Truck drivers whose time spent on the site of the work is de minimis, such as only a few minutes at a time merely to pick up or drop off materials or supplies.

D. Details are available at:

FEDERAL WAGE RATES 00 22 00-2 2019.027

1. https://www.dol.gov/whd/recovery/pwrb/Tab9.pdf

2. http://wisconsindot.gov/Pages/doing-bus/civil-rights/labornwage/trckng.aspx

PART 3 - POSTINGS AT THE SITE OF THE WORK

3.1 In addition to the required postings furnished by the department, the contractor shall post the following in at least one conspicuous and accessible place at the site of work:

A. A copy of the contractor's Equal Employment Opportunity Policy.

B. All required documents shall be posted by the first day of work and be accurate and complete. Postings must be readable, in an area where they will be noticed, and maintained until the last day of work.

PART 4 - RESOURCES

4.1 Required information regarding compliance with federal provisions is found in the following resources:

A. FHWA-1273 included in this contract

B. U.S. Department of Labor Prevailing Wage Resource Book

C. U.S. Department of Labor Field Operations Handbook

D. U.S. Code of Federal Regulations

E. Any applicable law, Act, or Executive Order enacted by the federal government at the time of the letting of this contract http://wisconsindot.gov/Pages/doing-bus/civil-rights/labornwage/trckng.aspx http://wisconsindot.gov/Pages/doing-bus/civil-rights/labornwage/trckng.aspx

FEDERAL WAGE RATES 00 22 00-3 2019.027

"General Decision Number: WI20210015 01/01/2021

Superseded General Decision Number: WI20200015

State: Wisconsin

Construction Type: Heavy

Counties: Wisconsin Statewide.

HEAVY CONSTRUCTION PROJECTS (Excluding Tunnel, Sewer, and Water Lines).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, FEDERAL WAGE RATES 00 22 00-4 2019.027 if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/01/2021

BOIL0107-001 01/01/2017

Rates Fringes

BOILERMAKER

Boilermaker.................$ 35.65 29.89 Small Boiler Repair (under 25,000 lbs/hr)..............$ 26.91 16.00

BRWI0001-002 06/03/2019

CRAWFORD, JACKSON, JUNEAU, LA CROSSE, MONROE,

TREMPEALEAU, AND

VERNON COUNTIES

Rates Fringes

FEDERAL WAGE RATES 00 22 00-5 2019.027

BRICKLAYER.......................$ 33.80

24.28

* BRWI0002-002 06/01/2020

ASHLAND, BAYFIELD, DOUGLAS, AND IRON COUNTIES

Rates Fringes

BRICKLAYER.......................$ 42.77

23.47

BRWI0002-005 06/01/2019

ADAMS, ASHLAND, BARRON, BROWN, BURNETT, CALUMET,

CHIPPEWA,

CLARK, COLUMBIA, DODGE, DOOR, DUNN, FLORENCE, FOND DU

LAC,

FOREST, GREEN LAKE, IRON, JEFFERSON, KEWAUNEE,

LANGLADE,

LINCOLN, MANITOWOC, MARATHON, MARINETTE, MARQUETTE,

MENOMINEE,

OCONTO, ONEIDA, OUTAGAMIE, POLK, PORTAGE, RUSK, ST

CROIX, SAUK,

SHAWANO, SHEBOYGAN, TAYLOR, VILAS, WALWORTH, WAUPACA,

WAUSHARA,

WINNEBAGO, AND WOOD COUNTIES

CEMENT MASON/CONCRETE FINISHER...$ 35.51

23.37

* BRWI0003-002 06/01/2020

BROWN, DOOR, FLORENCE, KEWAUNEE, MARINETTE, AND OCONTO

COUNTIES

FEDERAL WAGE RATES 00 22 00-6 2019.027

Rates Fringes

BRICKLAYER.......................$ 35.68

24.40

BRWI0004-002 06/01/2019

KENOSHA, RACINE, AND WALWORTH COUNTIES

Rates Fringes

BRICKLAYER.......................$ 38.43

25.10

BRWI0006-002 06/01/2019

ADAMS, CLARK, FOREST, LANGLADE, LINCOLN, MARATHON,

MENOMINEE,

ONEIDA, PORTAGE, PRICE, TAYLOR, VILAS AND WOOD COUNTIES

BRICKLAYER.......................$ 35.06

23.02

BRWI0007-002 06/03/2019

GREEN, LAFAYETTE, AND ROCK COUNTIES

Rates Fringes

BRICKLAYER.......................$ 35.57

24.22

BRWI0008-002 06/01/2019

FEDERAL WAGE RATES 00 22 00-7 2019.027

MILWAUKEE, OZAUKEE, WASHINGTON, AND WAUKESHA COUNTIES

Fringes

BRICKLAYER.......................$ 38.93

24.22

* BRWI0009-001 06/01/2020

GREEN LAKE, MARQUETTE, OUTAGAMIE, SHAWANO, WAUPACA,

WASHARA,

AND WINNEBAGO COUNTIES

BRICKLAYER.......................$ 35.68

24.40

* BRWI0011-002 06/01/2020

CALUMET, FOND DU LAC, MANITOWOC, AND SHEBOYGAN COUNTIES

Rates Fringes

BRICKLAYER.......................$ 35.68

24.40

BRWI0013-002 06/03/2019

DANE, GRANT, IOWA, AND RICHLAND COUNTIES

Rates Fringes

BRICKLAYER.......................$ 35.56

24.23

FEDERAL WAGE RATES 00 22 00-8 2019.027

* BRWI0019-002 06/01/2020

BARRON, BUFFALO, BURNETT, CHIPPEWA, DUNN, EAU CLAIRE,

PEPIN,

PIERCE, POLK, RUSK, ST. CROIX, SAWYER AND WASHBURN

BRICKLAYER.......................$ 34.86

25.22

* BRWI0021-002 06/01/2020

DODGE AND JEFFERSON COUNTIES

Rates Fringes

BRICKLAYER.......................$ 36.80

24.97

BRWI0034-002 06/03/2019

COLUMBIA AND SAUK COUNTIES

Rates Fringes

BRICKLAYER.......................$ 35.56

24.23

CARP0087-001 05/01/2016

BURNETT (W. of Hwy 48), PIERCE (W. of Hwy 29), POLK (W.

of Hwys 35, 48 & 65), AND ST. CROIX (W. of Hwy 65) COUNTIES

FEDERAL WAGE RATES 00 22 00-9 2019.027

Carpenter & Piledrivermen........$ 36.85 18.39

CARP0252-002 06/01/2016

ADAMS, BARRON, BAYFIELD (Eastern 2/3), BROWN, BUFFALO,…