Request for Bid (RFB) for

Construction Contractor for Bridge Replacement Construction

RFB #2021-23

Brandl Road, Hayden Creek Crossing, Town of Carson

Issued by:

Portage County Purchasing Department

All required bid documents must be submitted No later than 2 PM, 08/17/2021 to:

Portage County Purchasing

1462 Strongs Avenue Stevens Point, WI 54481

LATE BIDS WILL BE REJECTED

There will be a public opening for this Bid

For further information regarding this RFB contact Chris Schultz at (715) 346-1393 Email: schultzc@co.portage.wi.us

Issued: 07/27/2021 mailto:wintersc@co.portage.wi.us

Portage County Highway Dept.

Brandl Road, Hayden Creek Crossing Bidding Package & Specs

ADVERTISEMENT FOR BIDS

Portage County Highway Department Bridge Replacement Project

(RFB #2021‐23)

The Portage County Highway Department (OWNER) is accepting sealed bids for a bridge replacement construction project, Brandl Road over Hayden Creek with a construction completion date of October 29, 2021. Items of work include bridge removal of Structure P-49-39 and replacement with a Contech Aluminum Box Culvert and (2) 72-Inch Aluminum Culvert Pipes. All material and work performed shall be in accordance with the Wisconsin Department of Transportation Standard Specifications and the Project’s Special Provisions.

Bids are due at the Portage County Purchasing Department office, 1462 Strongs Avenue, Stevens Point, WI 54481, by 2:00 p.m., August 17, 2021. Bids will be opened at that time and publicly read. Bid may be awarded at a special scheduled Highway Committee meeting on August 19, 2021, depending on the OWNER’s needs, budgets, and schedules. For bidding questions or additional information, contact Chris Schultz, Purchasing Director at (715) 346‐1393, schultzc@co.portage.wi.us.

Copies of the Bidding Documents may be obtained ONLY from the Portage County website, www.co.portage.wi.us, or Wisconsin VendorNet, vendornet.wi.gov. No paper plan sets will be provided.

Access the sites and download bid information and documents after July 27, 2021. Contact Chris Schultz, Portage County Procurement Director, at (715) 346‐1393 for assistance in downloading and working with the digital documents if needed.

Bids must be submitted in a sealed envelope marked “Bid for Brandl Road, Hayden Creek Crossing". The OWNER reserve the right to reject any and all bids, waive any informalities in bidding or to accept the bid or bids that best serves the interests of the OWNER.

Class 2 Notice – Published July 27, 2021, and August 3, 2021 mailto:schultzc@co.portage.wi.us http://www.co.portage.wi.us/

INSTRUCTIONS TO BIDDERS

OWNER’S REPRESENTATIVE - PCHD

Portage County Highway Department (PCHD) Nathan Check, Highway Commissioner

800 Plover Road Plover, WI 54467

(715) 345-5230 – Office

(715) 630-2203 – Cell Phone checkn@co.portage.wi.us

ENGINEER

Westwood Kris Olsen, P.E., Bridge Project Manager

One Systems Drive Appleton, WI 54914

(920) 735-6900 – Office kris.olson@westwoodps.com

INTRODUCTION

The OWNER is requesting Bids to construct the following bridge replacement project:

Brandl Road, Hayden Creek Crossing with a construction completion date of October 29, 2021.

The Bids are on a unit-cost basis.

The OWNER will provide construction staking for slope intercepts and the structures. Subgrade and base will be the responsibility of the contractor and shall be considered incidental to those respective items. Coordination between the contractor and the Portage County Highway Department will be required.

mailto:checkn@co.portage.wi.us

PROPOSED BRIDGE REPLACEMENTS

Items of Work include grading, base aggregate dense, removing existing structure P-49-39, installing county supplied aluminum box culvert and 72” diameter metal culverts, and all incidental items necessary to complete the work as shown on the plans and included in the proposal and contract. All material and work performed shall be in accordance with the Wisconsin Department of Transportation Standard Specifications 2021. Bid items and quantities listed within the plans are for information purposes only. Bidding and construction phase will be based on the enclosed Bid forms.

GENERAL REQUIREMENTS AND COVENANTS

The bidding of this project will adhere to these Instructions to Bidders, and the State of Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction, 2021 Edition, Part I and the project’s Special Provisions. In case of a discrepancy between these Instructions to Bidders and Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction, 2021 Edition, Part I, these Instructions to Bidders and the project’s Special Provisions shall govern. In the State of Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction, 2021 Edition, Part I, the Department is considered the Portage County Highway Department.

BIDDER'S RESPONSIBLITY BEFORE SUBMITTING BID

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

1. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents;

2. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

3. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and

Regulations that may affect cost, progress, or performance of the Work;

4. Agree at the time of submitting its Bid that no further data is necessary for the determination of its Bid for performance of the Work at the price Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

5. 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;

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

7. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

REQUESTS FOR INTERPRETATION OR CLARIFICATION

A. All questions about the meaning or intent of the Bidding Documents are to be submitted to OWNER by 2PM on Wednesday, August 4, 2021. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda and posted to the Owner’s Website and State of Wisconsin Vendornet listed in the Advertisements for Bid. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

OWNER- OR ENGINEER-ISSUED ADDENDA

A. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER.

WORK SCHEDULE

A. Bids shall be provided based on completing Work for the OWNER as follows:

Brandl Road, Hayden Creek Crossing with a construction completion date of October 29, 2021.

BID FORM

A. The Bid forms are included within this Bidding Package.

FILLING IN BID FORMS

A. All blanks on the Bid forms shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein.

CORPORATION'S BID

A. A Bid by a corporation shall be executed in the corporate name by the president, a vice president, or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

PARTNERSHIP BID

A. A Bid by a partnership shall be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

LIMITED LIABILITY COMPANY'S BID

A. A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

INDIVIDUAL'S BID

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

JOINT VENTURE'S BID

A. A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature.

LOCATION OF NAMES

A. All names shall be typed or printed in ink below the signatures.

ACKNOWLEDGE RECEIPT OF ADDENDUM

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

ADDRESS AND PHONE NUMBERS

A. The address and telephone number for communications regarding the Bid shall be shown.

UNIT PRICE

A. Bidders shall submit a Bid on a unit price basis as listed in the Bid forms. Items which are listed as “plan quantity” will not be measured and the amount, all inclusive, based on the stated bid form quantity.

BID SUBMITTAL

A. A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque, sealed envelope plainly marked with the Project title and the name and address of Bidder. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID FOR BRANDL ROAD, HAYDEN CREEK CROSSING". A mailed Bid shall be addressed to the Portage County Purchasing Department office, 1462 Strongs Avenue, Stevens Point, WI 54481, by 2:00 p.m., August 17, 2021.

CORRECTIONS OF ERRORS IN BIDS

A. Corrections of errors in Bids is governed by Section 66.29(5), Wisconsin Statutes, which states:

(5) CORRECTIONS OF ERRORS IN BIDS. Whenever any person shall submit a Bid or proposal for the performance of public Work under any public contract to be let by the municipality, board, public body or officer thereof, who shall claim mistake, omission or error 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, and in that case the Bid shall be returned to the Bidder unopened and the Bidder shall not be entitled to Bid upon the contract at hand unless the same is readvertised and relet upon the readvertisement. In case any Bidder shall make an error or omission or mistake and shall discover the same 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, board, public body or officers thereof, clear and satisfactory evidence of the mistake, omission, or error and that the same was not caused by any careless act or omission on the Bidder's part in the exercise of ordinary examining the plans, specifications, and conforming with the provisions of this section, and in case of forfeiture, shall not be entitled to recover the moneys or certified check forfeited as liquidated damages unless it shall be 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.

BID OPENING

A. Bids will be opened at the time and place indicated in the Advertisement for Bids and read aloud publicly.

BID ACCEPTANCE

A. All Bids will remain subject to acceptance for the period of time stated in the Bid form.

BID REJECTION

A. OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

QUALIFICATIONS

A. In evaluation of Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as requested by OWNER. Prequalification prior to bidding is not required.

COMPETENT AND RELIABLE BIDDERS

A. Bids will only be received, opened and considered which are submitted by Bidders who have been determined by the OWNER to be "competent and reliable". A Bidder shall be deemed "competent and reliable" when having sufficient financial ability, equipment and experience in the proposed Work to successfully perform the Work. Bids may be rejected at any time in the Bidding process whenever it comes to the attention of the OWNER a Bidder is not competent and reliable.

OWNER INVESTIGATIONS

A. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

INSURANCE REQUIREMENTS

The limits of liability for the insurance required by the Portage County Highway Department shall provide coverage for not less than the following amounts or greater, where required by Laws and Regulations:

A. CONTRACTOR shall procure and maintain, during the term of this Bid, insurance policies, hereinafter specified. CONTRACTOR, prior to executing any Work, shall furnish a Certificate of Insurance indicating compliance with the foregoing, and proof of payment of premium to the OWNER, for approval. The certificates shall contain a clause that in the event that any policy issued is canceled for any reason, or any material changes are made therein, the OWNER will be notified, in writing, by the insurer at least twenty (20) days before any cancellation or change takes effect. If, for any reason, the insurance coverage required herein lapses, OWNER declares this Bid null and void as of the date no valid insurance policy was in effect. Certificates of policy renewals shall be furnished to the OWNER throughout the term of this Bid.

B. The following insurance must be in effect and continue in effect during the term of this

PROJECT in not less than the following amounts:

1. Worker’s Compensation

Coverage Limits - Statutory

2. Employer’s Liability Limits:

Bodily Injury by Accident $100,000 Each Accident Bodily Injury by Disease $100,000 Each Employee Bodily Injury by Disease $500,000 Each Accident

3. Commercial General Liability:

Single Contract Award Minimum Limits of Insurance

General Aggregate Limit (Other than Products-Completed Operations) $1,500,000 Products-Completed Operations Aggregate Limit $1,500,000 Personal & Advertising Injury Limit $1,500,000 Each Occurrence Limit $1,500,000 Fire Damage Limit $ 50,000

Minimum limits specified can be obtained either through the basic policies or in conjunction with an umbrella policy.

General Liability Policies Must Also Include:

Contractual Liability Independent Contractors Explosion, Collapse & Underground

NOTE: Form must be on an occurrence basis, not claims-made basis.

OWNER and ENGINEER shall be added as additional insured under the policy.

4. Automobile Liability:

Minimum Limits of Insurance

Bodily Injury and Property Damage- Combined Single Limit $1,000,000

The policy must include all owned, non-owned, and hired automobiles.

CONTRACTOR’S insurance policy shall include ISO Endorsement CG 24 26 07 02.

C. Hold harmless agreement/indemnification:

The CONTRACTOR agrees to indemnify to hold harmless the OWNER, ENGINEER, and their agents and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorney’s fees in case it shall be necessary to file an action, arising out of performance of the Work herein, that is:

a. for bodily injury, illness, or death, or for property damage, including loss of use, and

b. caused in whole or in part by CONTRACTOR’s negligent act or omission, or that of a Subcontractor, or that of anyone employed by them or for whose acts the CONTRACTOR or Subcontractor may be liable.

CONTRACTOR’S liability insurance described under a. and b. of this section shall include ISO Endorsement CG 24 26 07 04 for purposes of this indemnification provision.

CONTRACTOR agrees that notwithstanding anything to the contrary contained in this bid package, no provision hereof shall be a waiver of, or otherwise constituted estoppel of, the Owner or its insurer to rely upon and assert the limitations, defenses and immunities provided by Wisconsin law, including but not limited to those set forth in sections 893.80,

895.52 and 345.05, Wisconsin Statutes. To the extent that this bid package provides for an indemnification by the Owner of other parties and to the further extent that such indemnification is available and enforceable under law, the Owner and its insurer shall not be liable in indemnity or by contribution or by any other theory of law, for any amount greater than the limits of liability for municipal claims as established by applicable Wisconsin law.

D. Safety precautions and programs:

Each CONTRACTOR (including Subcontractor) has the duty of providing for and overseeing all safety order, precautions, and programs necessary to the reasonable safety of the Work. In this connection, CONTRACTOR shall take reasonable precautions for the safety of all employees and other persons whom the Work might affect, all Work and materials incorporated in the project, and all property and improvements on the construction site and adjacent to the construction site, complying with all applicable laws, ordinances, rules, regulations and others.

WARRANTY REQUIREMENTS

A. CONTRACTOR shall be required to warranty or guarantee materials and workmanship for Work done under this contract by keeping said works in good order or repair at his expense for one year from date of final acceptance of Work by OWNER. This includes, but is not limited to, erosion and erosion control items. CONTRACTOR shall provide OWNER a Statement of Warranty prior to final project closeout.

PREVAILING WAGE RATE DETERMINATION (STATE AND FEDERAL)

A. Prevailing wage rates are not required.

NONEXCLUSIVE CONTRACT

A. Unless otherwise stated, the OWNER reserves the right to purchase work or materials outside of this contract.

NONDISCRIMINATON & AFFIRMATIVE ACTION

A. In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.

51.01(5), Wis. Stats., sexual orientation, gender identity and gender expression, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

INDEPENDENT CAPACITY

A. The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the OWNER. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venture, or partner of the OWNER.

OPEN RECORDS

A. Both parties understand that the OWNER is bound by the Wisconsin Public Records Law, and as such, responses and contractors are subject to and conditioned on the provisions of the law. Contractor acknowledges that it is obligated to assist the OWNER in retaining and producing records that are subject to Wisconsin Public Records Law, and that the failure to do so shall constitute a material breach of the contract, and that the Contractor must defend and hold the OWNER harmless from liability under that law. Except as otherwise authorized, those records shall be maintained for a period of seven (7) years after receipt of final payment under the contract.

PERMITS

A. A Wisconsin Department of Natural Resources General Permit has been obtained for the bridge replacement project and is included in Attachment 4. CONTRACTOR shall adhere to all permit conditions and requirements.

STANDARD DETAIL DRAWINGS

A. The following Standard Detail Drawings (SDD) are included in the plans and/or by reference from the Wisconsin Department of Transportation, Facilities Development Manual (FDM):

8e9 Silt Fence

15c2 (a-c) Barricades and Signs for Mainline Closures

BID FORM

OWNER: Portage County Highway Department, Portage County, Wisconsin

PROJECT: Brandl Road, Hayden Creek Crossing

THIS BID IS SUBMITTED TO: Portage County Purchasing Department 1462 Strongs Avenue Stevens Point, WI 54481

The undersigned Bidder proposes and agrees, if this Bid or portion of is accepted, to perform the Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders. The Bids will remain subject to acceptance for the period of the time between July 27, 2021, and August 17, 2021 at 2PM.

In submitting this Bid, Bidder represents the following:

Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged:

Addendum No. Addendum Date

Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

Bidder will provide certificate of insurance and statement of warranty.

Bidder does not consider that any further data is necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

Bidder is aware of the general nature of Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

Bidder has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by OWNER is acceptable to Bidder.

The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

Bidding Package & Specs Page 14 of 30

Bidder will complete the Work in accordance with the Contract Documents for the following unit prices:

BRANDL R0AD, HAYDEN CREEK CROSSING

Item No. Description Units Estimated Quantity

Unit Price Amount

203.0600.S

Removing Old Structure Over Waterway With Minimal Debris

STA 12+50

LS

205.0100 Excavation Common

(Plan Quantity)

CY

305.0120

Base Aggregate Dense 1 ¼-Inch

TON

619.1000

Mobilization

EACH

624.0100

Water

MGAL

625.0500

Salvaged Topsoil

SY

628.1504

Silt Fence

LF

628.1520

Silt Fence Maintenance

LF

628.1905

Mobilizations Erosion Control

EA

628.1910

Mobilizations Emergency Erosion Control

EA

628.2021

Erosion Mat, Class II, Type A

SY

628.7570

Rock Bags

EACH

629.0210

Fertilizer, Type B

CWT

0.5

Item No. Description Units Estimated Quantity

Unit Price Amount

630.0130

Seeding Mixture No. 30

LB

630.0500

Seed Water

MGAL

SPV.0105.01

Install Aluminum Box Culvert

SPV.0105.02

Install Culvert Pipe Corrugated Metal 72-Inch, Sta 12+30

SPV.0105.03

Install Culvert Pipe Corrugated Metal 72-Inch, Sta 12+70

SPV.0105.04

Traffic Control

TOTAL

In case of discrepancies, final total amount will be based on actual unit prices as listed above.

The CONTRACTOR is required to self-perform a minimum of 50% of the project costs. The CONTRACTOR proposes to subcontract the following work to a subcontractor for the Brand Road Structure Project:

Subcontractor Work Performed

OWNER may reduce or revise project as needed to accommodate project funding limits. These modifications will be analyzed in accordance with WDOT 104.2.2.2.4.3 and 101.3. Revisions could include but are not limited to revised project limits, reduced roadway widths, and work done by OWNER.

If BIDDER is:

An Individual

By: (SEAL) (Individual's Name Typed or Printed) doing business as

Business address:

Phone No. Fax No.

E-mail

A Partnership

Partnership Name: (SEAL)

By:

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed):

A Corporation

(Corporation name)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability:

(Signature -- attach evidence of authority to sign)

Name (typed or printed):

(Title)

(Corporate Seal)

Attest:

(Secretary)

A Joint Venture

Joint Venturer Name: (SEAL)

Title:

Business Address

Joint Venturer Name: (SEAL)

Business Address

Phone, Fax Number, Email, and Address for receipt of official communications, if different than above:

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above).

AGREEMENT

INTRODUCTION

A. THIS AGREEMENT is dated as of August 19, 2021, by and between the Portage County Highway Department, Portage County, Wisconsin, hereinafter called OWNER and hereinafter called CONTRACTOR.

B. OWNER and CONTRACTOR, in consideration of mutual covenants hereinafter set forth agree as follows:

WORK

A. CONTRACTOR shall complete Work as specified or indicated in Contract Documents. Work is generally described as follows:

For the Brandl Road, Hayden Creek Crossing Project, items of work include bridge removal and replacement with an Aluminum Box Culvert and 72” diameter metal culverts. All material and work performed shall be in accordance with the Wisconsin Department of Transportation Standard Specifications.

B. Project for which Work under Contract Documents may be whole or only a part is generally described as follows:

Brandl Road, Hayden Creek Crossing Project Portage County, Wisconsin

C. OWNER may reduce or revise project as needed to accommodate project funding limits.

These modifications will be analyzed in accordance with WDOT 104.2.2.4.3 and 101.3.

Revisions could include but are not limited to revised project limits, reduced roadway widths, and work done by OWNER.

ENGINEER

A. The Brandl Road, Hayden Creek Crossing Project has been designed by:

Westwood One Systems Drive Appleton, WI 54914

(920) 735-6900 who are hereinafter called ENGINEER and who will assume duties and responsibilities and will have rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of Work in accordance with Contract Documents.

CONTRACT TIME

A. Work will be done in accordance with the time frame outlined below:

For Brandl Road, Hayden Creek Crossing: All construction must be completed by October 29, 2021.

B. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and OWNER will suffer financial loss if Work is not substantially complete within time specified above, plus any extensions thereof allowed. They also recognize the delays, expense and difficulties involved in proving in legal or arbitration proceedings the actual loss suffered by OWNER if the Work is not complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars ($200.00) for each day that expires after time specified in Paragraph A, until Work is complete.

CONTRACT PRICE

A. OWNER shall pay CONTRACTOR for performance of Work in accordance with Contract Documents in current funds as follows:

Refer to Bid Form included in this Bidding Package.

CONTRACTOR’S SUBCONTRACTORS

A. The CONTRACTOR proposes to subcontract the following work to a subcontractor for the Brandl Road, Hayden Creek Crossing Project:

Subcontractor Work Performed

PAYMENT PROCEDURES

A. CONTRACTOR shall submit Applications for Payment. Applications for Payment will be processed by OWNER.

B. Progress Payments. OWNER shall make progress payments on account of Contract Price on basis of CONTRACTOR's Applications for Payment. Progress payments will be on basis of progress of Work measured by schedule of values.

C. The OWNER will retain 5% of the amount due the CONTRACTOR until 50% of the amount due the CONTRACTOR is reached. At 50% completion, further partial payments shall be made in full to CONTRACTOR and no additional amounts may be retained unless the job is not proceeding satisfactory, but amounts previously retained shall not be paid to CONTRACTOR. At 50% completion or any time thereafter when progress of Work is not satisfactory, additional amounts may be retained but in no event shall total retainage be more than 10% of value of Work completed.

D. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of Contract Price.

E. Final Payment. Upon final completion and acceptance of Work. OWNER shall pay remainder of Contract Price.

CONTRACTOR'S REPRESENTATIONS

A. CONTRACTOR has familiarized himself with nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of Work.

B. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at site or otherwise affecting cost, progress or performance of Work which were relied upon by ENGINEER in the preparation of Drawings and Specifications.

C. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph B as he deems necessary for performance of Work at Contract Price, within Contract Time and in accordance with other terms and conditions of Contract Documents; and no additional examinations, investigations, tests, reports or similar data or will be required by CONTRACTOR for such purposes.

D. CONTRACTOR has correlated results of all such observations, examinations, investigations, tests, reports and data with terms and conditions of the Contract Documents.

E. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

CONTRACT DOCUMENTS

A. Contract Documents which comprise entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of all items within the Bidding package, specifications, and project plans.

MISCELLANEOUS

A. No assignment by a party hereto of any rights under or interest in Contract Documents will be binding on another party hereto without written consent of party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to extent that effect of this restriction may be limited by law), and unless specifically stated to contrary in any written consent to an assignment, no assignment will release or discharge assignor from any duty of responsibility under Contract Documents.

B. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in Contract Documents.

C. CONTRACTOR shall provide an Erosion Control Implementation Plan (ECIP) to the

OWNER, 14 days prior to the pre- construction meeting. Comply with Section 107.20 of the Standard Specifications for Highway and Structure Construction 2021 edition.

SIGNATURES

A. IN WITNESS WHEREOF, parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on August 19, 2021.

AUTHORIZATION TO EXECUTE CONTRACT. OWNER is authorized to enter into this Contract by action of its Highway Committee taken on August 19, 2021. OWNER has or will have sufficient funds to meet its obligations under this Contract.

Signature:

Date:

Examined and approved as to form:

IN WITNESS WHEREOF, the parties hereto have hereunto executed this Contract on the dates below given.

Portage County Highway Department Portage County, Wisconsin

CONTRACTOR

[Company name]

President/Partner/Sole Owner

Secretary/Partner

Partner

SPECIFICATIONS

GENERAL - All materials and Work shall conform to the State of Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction, 2021 Edition, hereinafter referred to as WDOT. In case of a discrepancy between these specifications and WDOT, these specifications shall govern. In WDOT, the department is considered the Portage County Highway Department (PCHD), hereinafter referred to as PCHD. All Work necessary to complete the PROJECT in accordance with the plans, Bid items, and these specifications, and not specifically accounted for in a Bid item, shall be considered as incidental to the Bid items. The CONTRACTOR shall include the costs to provide the Work in the listed Bid item prices and shall not be paid separately for the Work.

The SPECIAL PROVISIONS for this project can be found in ATTACHMENT 1.

ATTACHMENT 1

Special Provisions

Marathon County Bridge Rehabilitation 1 of 5

Special Provisions

Table of Contents

Article Description Page #

1. General

2. Scope of Work

3. Prosecution and Progress

4. Traffic

5. Construction Staking

6. Utilities

7. Construction Over or Adjacent to Navigable Waters

8. Maintain Hayden Creek Flow

9. Erosion Control

10. Removing Old Structure Over Waterway With Minimal Debris Station 12+50, Item 203.0600.S

11. Install Aluminum Box Culvert, Item SPV.0105.01

12. Install Culvert Pipe Corrugated Metal 72-Inch, Sta. 12+30, Item SPV.0105.02, Install Culvert Pipe Corrugated Metal 72-Inch, Sta. 12+70, SPV.0105.03

13. Traffic Control, Item SPV.0105.04

Marathon County Bridge Rehabilitation 2 of 5

STSP’S Revised January 13, 2021

SPECIAL PROVISIONS

1. General.

Perform the work under this construction contract for Project Hayden Creek Crossing, Brandl Road, Portage County, Wisconsin as the plans show and execute the work as specified in the State of Wisconsin, Department of Transportation, Standard Specifications for Highway and Structure Construction, 2021 Edition, as published by the department, and these special provisions.

If all or a portion of the plans and special provisions are developed in the SI metric system and the schedule of prices is developed in the US standard measure system, the department will pay for the work as bid in the US standard system.

100-005 (20210113)

For this project all references to “the department” signifies Portage County Highway Department.

2. Scope of Work.

The work under this contract shall consist of grading, base aggregate dense, installing county supplied aluminum box culvert and 72” diameter metal culverts, and all incidental items necessary to complete the work as shown on the plans and included in the proposal and contract.

104-005 (20090901)

3. Prosecution and Progress.

Begin work within ten calendar days after the engineer issues a written notice to do so.

Provide the time frame for construction of the project within the 2021 construction season to the engineer in writing within a month after executing the contract but at least 14 calendar days before the preconstruction conference. Assure that the time frame is consistent with the contract completion time.

Upon approval, the engineer will issue the notice to proceed within ten calendar days before the beginning of the approved time frame.

To revise the time frame, submit a written request to the engineer at least two weeks before the beginning of the intended time frame. The engineer will approve or deny that request based on the conditions cited in the request and its effect on the department’s scheduled resources.

All work must be completed by October 29, 2021.

Migratory Birds

Swallow or other migratory bird nests have been observed on or under the existing structure(s). All active nests (when eggs or young are present) of migratory birds are protected under the federal Migratory Bird Treaty Act. The nesting season for swallows and other birds is from April 15. to August 1.

Either prevent active nests from becoming established, or prevent birds from nesting by installing and/or maintaining a suitable deterrent device on the remaining structure prior to nesting activity. As a last resort, apply for a depredation permit from the US Fish and Wildlife Service for work that may disturb or destroy active nests. The need for a permit may be avoided by removing the existing bridge structure prior to nest occupation by birds, or clearing nests from all structures before the nests become active in early spring.

Portage County Highway Department will protect the structure to prevent swallows from nesting prior to the nesting season and until the contract for this project is executed. The Contractor will be responsible for preventing swallows from nesting on the structure after the contract has been executed. Contact the Portage County Highway Dept. at (715) 345-5230 at least 5 working days prior to commencing work to remove the existing bird netting.

Erosion Control

Prepare the Erosion Control Implementation Plan (ECIP) according to standard spec 107.20 and submit to Portage County Highway Department for review and approval. Submit the ECIP at least 14 days prior to the preconstruction conference.

Marathon County Bridge Rehabilitation 3 of 5

4. Traffic.

Close Brandl Road to through traffic during construction operations under this contract. No detour will be posted.

Place the appropriate signs and barricades prior to the start of construction to close the road.

Notify Nathan Check at (715) 345-5230 at least 10 working days in advance of anticipated closure.

Maintain access to private driveways within and adjacent to the project limits. If closure of a driveway is necessary, request approval of the closure with the engineer. If the closure is approved, notify the property owners two working days prior to the anticipated closure. Close driveways for a maximum of 2 working days.

5. Construction Staking.

Portage County will perform construction staking.

Notify Nathan Check at (715) 345-5230 at least 3 working days prior to requiring the staking of the slope intercepts, subgrade, base, culverts and aluminum box culvert.

6. Utilities.

This contract does not come under the provision of Administrative Rule Trans 220.

stp-107-066 (20080501)

No utilities are present within the project limits.

7. Construction Over or Adjacent to Navigable Waters.

Hayden Creek is classified as a state navigable waterway under standard spec 107.19.

stp-107-060 (20171130)

8. Maintain Hayden Creek Flow.

Flow of Hayden Creek must be maintained at all times or as outlined in the ECIP submittal. All work and materials requited to maintain Hayden Creek flow is incidental to SPV.0105.01, Install Aluminum Box Culvert.

9. Erosion Control.

Add the following to standard spec 107.20:

Perform construction operations in a timely and diligent manner, continuing all construction operations methodically from the initial topsoil stripping operation through the subsequent grading and finishing to minimize the period of exposure to erosion.

Replace topsoil on disturbed areas, including spot locations such as cross drains, driveways, guardrail and terminals, and intersections, immediately after grading is completed within those areas. Complete finishing operations, which includes seed, fertilizer, erosion mat, mulch, and any other permanent erosion control measures required, within seven (7) calendar days after the placement of topsoil.

10. Removing Old Structure Over Waterway With Minimal Debris Station 12+50, Item 203.0600.S.

Conform to standard spec 203 as modified in this special provision.

Add the following to standard spec 203:

203.3.6 Removals Over Waterways and Wetlands

203.3.6.2 Removing Old Structure Over Waterway with Minimal Debris

(1) Remove the existing Structure P-49-39 over the Hayden Creek in large sections and conforming to the contractor’s approved structure removal and clean-up plan. During superstructure removal, prevent all large pieces and minimize the number of small pieces from entering the waterway or wetland. Remove all reinforcing steel, all concrete, and all other debris that falls into the waterway or wetland. The contractor may leave limited amounts of small concrete pieces scattered over the waterway floor or wetland only if the engineer allows.

Marathon County Bridge Rehabilitation 4 of 5

(2) Submit a structure removal and clean-up plan as part of the erosion control implementation plan required under standard spec 107.20. Do not start work under the structure removal and clean-up plan without the department’s written approval of the plan. Include the following information in the structure removal and clean-up plan:

- Methods and schedule to remove the structure.

- Methods to control potentially harmful environmental impacts.

- Methods for superstructure removal that prevent all large pieces and minimize the number of small pieces from entering the waterway or wetlands.

- Methods to control dust and contain slurry.

- Methods for removing piers and abutments. If blasting in water, include restrictions that regulatory agencies and the contract require.

- Methods for cleaning the waterway or wetlands.

(3) If stockpiling spoil material, place it on an upland site an adequate distance from the waterway, wetland, or any open water created by excavation. Install silt fence between the spoil pile and the waterway, wetland, or excavation site.

Add the following Removing Old Structure bid item to standard spec 203.5.1:

ITEM NUMBER DESCRIPTION UNIT

203.0600.S Removing Old Structure Over Waterway With Minimal Debris Station 12+50 LS stp-203-020 (20190618)

11. Install Aluminum Box Culvert, Item SPV.0105.01.

A Description

This special provision describes unloading, assembling, and installing an aluminum box culvert wingwalls, headwalls, and cutoff walls. Portage County will purchase, supply and deliver to the job site materials and hardware for an aluminum box culvert with a full invert with a 15’-1” span x 5’-8” rise x 40’-0” long, wingwalls, headwalls and cutoff walls. Assemble and install the aluminum box culvert at the location indicated on the plans and according to the manufacturer’s specifications and standard spec 520.

B Materials

Furnish foundation and trench backfill according to 520.2.5.

C Construction

Coordinate with Nathan Check from Portage County (715-345-5230) regarding delivery of culvert materials. Coordinate at least 4 weeks in advance to insure manufacturing and delivery meet the construction schedule.

Assemble delivered culvert and enwall components using the supplied materials and hardware.

Excavate, place foundation backfill, aluminum box culvert, and backfill according to the manufacturer’s specifications and 520.3. Place the foundation material so that the minimum compacted thickness is 6 inches.

D Measurement

The department will measure Install Aluminum Box Culvert as completed in accordance with the contract and accepted, as a single complete unit of work.

E Payment

The department will pay for measured quantities at the contract unit price under the following bid item:

ITEM NUMBER DESCRIPTION UNIT

SPV.0105.01 Install Aluminum Box Culvert LS

Payment is full compensation for excavating, placing foundation backfill, unloading, assembling, installing, and backfilling the Aluminum Box Culvert, and all incidental items required to perform the work.

Marathon County Bridge Rehabilitation 5 of 5

12. Install Culvert Pipe Corrugated Metal 72-Inch, Sta. 12+30, Item SPV.0105.02, Install Culvert Pipe Corrugated Metal 72-Inch, Sta. 12+70, SPV.0105.03.

A Description

This special provision describes unloading, and installing 72-Inch corrugated metal culvert pipes. Portage County will purchase and supply two 72-Inch diameter x 55’ long metal culvert pipes (beveled ends included). Install the culvert pipes at the location indicated on the plans and according to standard spec 520.

B Materials

Furnish foundation and trench backfill according to 520.2.5.

C Construction

Coordinate with Nathan Check from Portage County (715-345-5230) regarding delivery of the culverts.

Coordinate at least 4 weeks in advance to insure manufacturing and delivery meet the construction schedule.

Excavate, place foundation backfill, culverts, and trench backfill according to 520.3.

D Measurement

The department will measure Install Culvert Pipe Corrugated Metal 72-Inch as completed in accordance with the contract and accepted, as a single complete unit of work.

E Payment

The department will pay for measured quantities at the contract unit price under the following bid item:

ITEM NUMBER DESCRIPTION UNIT

SPV.0105.02 Install Culvert Pipe Corrugated Metal 72-Inch, STA 12+30 LS

SPV.0105.03 Install Culvert Pipe Corrugated Metal 72-Inch, STA 12+70 LS

Payment is full compensation for unloading, installing, and backfilling the pipe culverts, and all incidental items required to perform the work.

13. Traffic Control, Item SPV.0105.04.

A Description

This special provision describes providing traffic control for the project. Close Brandl Road and place traffic control devices according to Standard Detail Drawing (SDD) 15C02 08a and standard spec 643.

B Materials

Furnish signs, warning lights and barricades according to foundation and trench backfill according to the SDD and 643.2.

C Construction

Place and maintain traffic control devices according to 643.3 for the duration of the project. Remove all traffic control upon completion of the project.

D Measurement

The department will measure Traffic Control as completed in accordance with the contract and accepted, as a single complete unit of work.

E Payment

The department will pay for measured quantities at the contract unit price under the following bid item:

ITEM NUMBER DESCRIPTION UNIT

SPV.0105.04 Traffic Control LS

Payment is full compensation for furnishing, placing, maintaining, and removing all traffic control devices required by the SDD and the standard spec, and all incidental items required to perform the work.

ATTACHMENT 2

Plans

WISDOT/CADDS SHEET 42

EHWY: COUNTY:

N:\3001204.00\CIVIL 3D\SHEETSPLAN\3001204-020101-GN.DWGFILE NAME : 5/12/2021 11:00 AMPLOT DATE : PLOT BY : MATT TOMSOVIC

PROJECT NO:

PLOT NAME :

SHEET

PLOT SCALE : 1 IN:100 FT

3001204.00 BRANDL RD PORTAGE GENERAL NOTES

LAYOUT NAME - 3001204-020101-gn

DIGGERS HOTLINE

Dial or (800)242-8511 www.DiggersHotline.com

GENERAL NOTES

LOCATIONS OF EXISTING AND PROPOSED UTILITY FACILITIES AS SHOWN ON THE PLANS ARE

APPROXIMATE. THERE ARE ALSO OTHER UTILITY FACILITIES WITHIN THE PROJECT AREA THAT

ARE NOT SHOWN.

THE CONTRACTOR SHALL NOTIFY DIGGERS HOTLINE AND AFFECTED UTILITIES PRIOR TO THE

START OF WORK. ANY UTILITY WHICH IS NOT A MEMBER OF DIGGERS HOTLINE MUST BE

CONTACTED SEPARATELY.

PRIOR TO THE START OF CONSTRUCTION, THE CONTRACTOR SHALL INSTALL THE EROSION

CONTROL PROTECTION IN ACCORDANCE WITH THE DETAILS SHOWN IN THE PLANS AND AS

DIRECTED BY THE ENGINEER.

NO TREES OR SHRUBS ARE TO BE REMOVED WITHOUT THE APPROVAL OF THE ENGINEER.

THE EXACT LOCATIONS AND LIMITS OF PRIVATE ENTRANCES, FIELD ENTRANCES, AND

COMMERCIAL ENTRANCES SHALL BE DETERMINED BY THE ENGINEER.

DRIVEWAYS SHALL BE REPLACED IN KIND AND IN ACCORDANCE WITH THE CONSTRUCTION

DETAILS

ALL COORDINATES ON THIS PLAN ARE REFERENCED TO THE PORTAGE COUNTY COORDINATE

SYSTEM. DISTANCES SHOWN ON THE PLAN ARE GROUND DISTANCES. BEARINGS SHOWN ON THE

PLAN ARE GRID BEARINGS.

ORDER OF "SECTION 2" SHEETS

SHEET TITLE

TYPICAL SECTIONS

CONSTRUCTION DETAIL

EROSION CONTROL

OTHER CONTACTS

PORTAGE COUNTY NATHAN CHECK, HIGHWAY COMMISSIONER

800 PLOVER ROAD

PLOVER, WI 54467

TELEPHONE: 715-345-5230

EMAIL: CHECKN@CO.PORTAGE.WI.US

DNR LIAISON CASEY JONES

473 GRIFFITH AVE

WISCONSIN RAPIDS, WI 54494-7859

TELEPHONE: 715-213-6571

EMAIL: CASEY.JONES@WISCONSIN.GOV

DESIGN CONSULTANT WESTWOOD

ONE SYSTEMS DRIVE

APPLETON, WI 54914-1654

ATTN: KRIS OLSON, P.E.

TELEPHONE: 920-735-6900

HYDROLOGIC SOIL GROUP

RUNOFF COEFFICIENT TABLE

A B C SLOPE RANGE (PERCENT) SLOPE RANGE (PERCENT) SLOPE RANGE (PERCENT) SLOPE RANGE (PERCENT)

0-2 2-6 6 & OVER 0-2 2-6 6 & OVER 0-2 2-6 6 & OVER 0-2 0.28 6 & OVERLAND USE:

ROW CROPS:

MEDIAN STRIP -

TURF:

SIDE SLOPE - TURF:

PAVEMENT:

TOTAL PROJECT AREA =…