324058_Token_Creek_Storage_Building_Final_RFB.pdf

CONSTRUCTION DOCUMENTS

PROJECT MANUAL

DANE COUNTY DEPARTMENT OF ADMINISTRATION

PUBLIC WORKS ENGINEERING DIVISION

1919 ALLIANT ENERGY CENTER WAY

MADISON, WISCONSIN 53713

RFB NO. 324058

REQUEST FOR BIDS NO. 324058

TOKEN CREEK PARK

STORAGE BUILDING

TOWN OF BURKE, WISCONSIN

RFB No. 324058 Table of Contents rev. 09/23 00 01 10 - 1

SECTION 00 01 10

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 Project Manual Cover Page 00 01 10 Table of Contents 00 21 13 Instructions to Bidders 00 52 96 Sample Public Works Construction Contract 00 72 13 General Conditions of Contract 00 73 00 Supplementary Conditions

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 General Requirements 01 74 19 Construction Waste Management, Disposal & Recycling

DIVISION 03 – CONCRETE

03 31 00 1 - 12 Concrete, Forms and Reinforcement 03 31 01 1 - 6 Sitework Concrete

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 1 - 5 Rough Carpentry 06 17 53 1 - 3 Prefabricated Wood Trusses

DIVISION 08 - OPENINGS

08 11 13 1 - 5 Steel Doors and Frames 08 71 00 1 - 13 Finish Door Hardware

DIVISION 13 - SPECIAL CONSTRUCTION

13 34 18 1 - 5 Post Frame Building

DIVISION 22 – PLUMBING

22 05 29 1 - 3 Hangers and Supports for Plumbing Piping and Equipment 22 05 53 1 - 3 Identification for Plumbing Piping and Equipment 22 07 19 1 - 3 Plumbing Piping Insulation 22 10 05 1 - 5 Plumbing Piping 22 10 06 1 - 2 Plumbing Piping Specialties

DIVISION 26 – ELECTRICAL

26 00 00 1 - 9 General Electrical Conditions 26 05 00 1 - 7 Common Work for Electrical 26 05 04 1 - 3 Cleaning, Inspection, and Testing of Electrical Equipment 26 05 19 1 - 4 Low Voltage 26 05 23 1 - 3 Control Voltage 26 05 26 1 - 2 Bonding Grounding 26 05 29 1 - 2 Hangers 26 05 33 1 - 8 Raceways 26 05 53 1 - 4 Identification 26 11 00 1 - 2 Project Special Requirements 26 24 16 1 - 5 Panel Boards

RFB No. 324058 Table of Contents rev. 09/23 00 01 10 - 2

26 27 02 1 - 2 Equipment Wiring 26 27 26 1 - 5 Wiring Devices 26 27 28 1 - 1 Disconnect Switches 26 27 30 1 - 2 Contactors 26 29 00 1 - 3 Low Voltage Controllers 26 51 13 1 - 5 Lighting Fixtures 26 56 29 1 - 3 Site Lighting

DRAWINGS

G1.0 Title Sheet 1 Site plan S0.0 Structural Notes S1.0 Foundation Plan S1.1 Structural Details S2.0 Roof Framing Plan S3.0 Braced Wall Plan A1.0 First Floor Plan A2.0 Exterior Elevations A3.0 Building Sections A4.0 Schedules A5.0 ADA Details A6.0 Prespective Views P1.0 Water Distribution Plan P1.1 Plumbing Symbols & Abbreviations E1.0 Electrical Power Plan E1.1 Electrical Lighting Plan E1.2 Electrical Details E1.3 Electrical Symbols & Abbreviations

END OF SECTION

RFB No. 324058 Instructions to Bidders rev. 11/23 00 21 13 - 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1. GENERAL

2. DRAWINGS AND SPECIFICATIONS

3. INTERPRETATION

4. BID GUARANTEE

5. WITHDRAWAL OF BIDS

6. CONTRACT FORM

7. CONTRACT INTERESTS BY COUNTY PUBLIC OFFICIALS

8. EMERGING SMALL BUSINESS PROVISIONS

9. METHOD OF AWARD - RESERVATIONS

10. SECURITY FOR PERFORMANCE AND PAYMENTS

11. TAXES

12. SUBMISSION OF BIDS

13. SUBCONTRACTOR LISTING

1. GENERAL

A. Before submitting Bid, bidder shall thoroughly examine all Construction Documents.

Successful Bidder shall be required to provide all the Work that is shown on Drawings, set forth in Specifications, or reasonably implied as necessary to complete Contract for this project.

B. Bidder shall visit site to become acquainted with adjacent areas, means of approach to site, conditions of actual site and facilities for delivering, storing, placing, and handling of materials and equipment.

C. Before award of Contract can be approved, Owner shall be satisfied that Bidder involved meets following requirements:

1. Has completed at least one (1) project of at least fifty percent (50%) of size or value of Division of work being bid and type of work completed is similar to that being bid. If greater magnitude of experience is deemed necessary, other than size or value of work, such requirements will be described in appropriate section of Specifications.

D. County’s Public Works Project Manager will make such investigations as are deemed necessary to determine ability of bidder to perform the Work, and bidder shall furnish to County’s Public Works Project Manager or designee all such information and data for this purpose as County’s Public Works Project Manager may request. Owner reserves right to reject Bid if evidence submitted by, or investigation of, bidder fails to satisfy Owner that bidder is responsible and qualified to carry out obligations of Contract and to complete the Work contemplated therein.

2. DRAWINGS AND SPECIFICATIONS

A. Drawings and Specifications that form part of this Contract, as stated in Article 1 of General

Conditions of Contact, are enumerated in Table of Contents of these Construction Documents.

rev. 11/23 00 21 13 - 2

B. Complete sets of Drawings and Specifications for all trades will be available to all Bidders, irrespective of category of work to be bid on, in order that all Bidders may be familiar with work of other trades as they affect their bid.

3. INTERPRETATION

A. No verbal explanation or instructions will be given in regard to meaning of Drawings or

Specifications before Bid Due Date. Bidders shall bring inadequacies, omissions or conflicts to Owner & Architect, Engineer or Consultant’s attention at least ten (10) calendar days before Bid Due Date. Prompt clarification will be available to all bidders by Addendum.

B. Failure to so request clarification or interpretation of Drawings and Specifications will not relieve successful Bidder of responsibility. Signing of Contract will be considered as implicitly denoting that Contractor has thorough understanding of scope of the Work and comprehension of Construction Documents.

C. Owner, Architect, Engineer, or Consultant will not be responsible for verbal instructions.

4. BID GUARANTEE

A. Bank certified check, cashier’s check or Bid Bond, payable to County in amount not less than five percent (5%) of maximum bid, shall accompany each Bid as guarantee that if Bid is accepted, Bidder will execute and return proposed Contract and Performance and Payment Bond within ten (10) business days after being notified of acceptance of Bid. Company issuing bonds must be licensed to do business in Wisconsin.

B. Any bid, which is not accompanied by bid guarantee, will be considered “No Bid” and will not be read at Bid Due Date.

C. If successful Bidder so delivers Contract, Certificate of Insurance, and Performance and Payment Bond, check will be returned to Bidder. In case Bidder fails to deliver such Contract, insurance, and bond, amount of bid guarantee will be forfeited to County as liquidated damages.

D. All checks tendered as bid guarantee, except those of three (3) lowest qualified, responsible bidders, will be returned to their makers within three (3) business days after Bid Due Date.

All such retained checks will be returned immediately upon signing of Contract and Performance and Payment Bond by successful Bidder.

5. WITHDRAWAL OF BIDS

A. Bids may only be withdrawn before Bid Due Date as authorized by Wis. Stat. s. 66.0901(5).

B. No Bid may be withdrawn for a period of ninety (90) calendar days after Bid Due Date.

6. CONTRACT FORM

A. Sample copy of contract that successful Bidder will be required to enter into is included in these Construction Documents and bidders are required to familiarize themselves with all conditions contained therein.

7. CONTRACT INTERESTS BY COUNTY PUBLIC OFFICIALS

rev. 11/23 00 21 13 - 3

A. In accordance with Wisconsin Statute 946.13, county official may not bid for or enter into any contract involving receipts or disbursements of more than $15,000.00 in a year, in which they have private pecuniary interest, direct or indirect if at same time they are authorized to take official action with respect to making of this Contract. Any contract entered into in violation of this Statute is void and County incurs no liability thereon. This subsection does not affect application and enforcement of Wisconsin Statute 946.13 by state prosecutors in criminal courts of this state.

8. EMERGING SMALL BUSINESS PROVISIONS

A. Emerging Small Business (ESB) Goal. The goal of this project is ten percent (10%) ESB participation. ESBs utilizations are shown as a percentage of the total Bid.

B. Emerging Small Business Involvement. Bidder shall make good faith effort to award minimum of ten percent (10%) of the Work to ESBs. Good faith effort means significant contact with ESBs for purposes of soliciting bids from them. Failure to make or demonstrate good faith efforts will be grounds for disqualification.

C. Emerging Small Business Report. Bidder shall submit ESB Report demonstrating good faith efforts to Dane County Tamara D. Grigsby Office for Equity and Inclusion within ten

(10) business days of Bid Due Date. ESB Report should be sent to Contract Compliance Specialist via email at oei@countyofdane.com or mailed to Dane County Tamara D. Grigsby Office for Equity and Inclusion, City-County Building, Room 356, 210 Martin Luther King, Jr. Blvd., Madison, WI 53703. Bidders who fail to submit ESB Report shall be deemed unresponsive.

D. Emerging Small Business Instructions & Forms. Bidders may locate ESB instructions and forms on Dane County Tamara D. Grigsby Office for Equity and Inclusion website:

equity.countyofdane.com/contract-compliance.

E. Emerging Small Business Questions. Questions concerning ESB provisions shall be directed to:

OEI@countyofdane.com or

Dane County Contract Compliance Specialist City-County Building, Room 356 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703 608/283-1391

9. METHOD OF AWARD - RESERVATIONS

A. Following will be basis of award of Contract, providing cost does not exceed amount of funds then estimated by County as available to finance Contract(s):

1. Lowest dollar amount submitted by responsible bidder on Base Bid for all work comprising project, combined with such additive Owner accepted alternates.

2. Owner reserves right to reject all bids or any bid, to waive any informality in any bid, and to accept any bid that will best serve interests of County.

3. Unit Prices and Informational Bids will not be considered in establishing low bidder.

mailto:oei@countyofdane.com https://equity.countyofdane.com/contract-compliance mailto:OEI@countyofdane.com rev. 11/23 00 21 13 - 4

10. SECURITY FOR PERFORMANCE AND PAYMENTS

A. Simultaneous with delivery of signed Contract, Bidder shall be required to furnish

Performance and Payment Bond as specified in Article 29 of General Conditions of Contract, “Contract Security”. Surety Company shall be licensed to do business in Wisconsin.

Performance and Payment Bond must be dated same date or subsequent to date of Contract.

Performance and Payment Bond must emulate information in standard AIA Document A312 for Performance and Payment Bond.

B. Provide certified copy of power of attorney from Surety Company showing that agent who signs Bond has power of attorney to sign for Surety Company. Secretary or Assistant Secretary of company must sign this certification, not attorney-in-fact. Certification must bear same or later date as Bond. Power of Attorney must emulate model power of attorney information detailed in standard AIA Document A312 for Sample Performance and Payment Bond.

C. If Bidder is partnership or joint venture, State certified list, providing names of individuals constituting partnership or joint venture must be furnished. Contract itself may be signed by one partner of partnership, or one partner of each firm comprising joint venture, but Performance and Payment Bond must be signed by all partners.

D. If Bidder is corporation, it is necessary that current certified copy of resolution or other official act of directors of corporation be submitted showing that person who signs Contract is authorized to sign contracts for corporation. It is also necessary that corporate seal be affixed to resolution, contract, and performance and payment bond. If your corporation has no seal, it is required that above documents include statement or notation to effect that corporation has no seal.

11. TAXES

A. Wisconsin Statute 77.54 (9m) allows building materials that become part of local unit government facilities to be exempt from sales & use tax. Vendors & materials suppliers may not charge Bidders sales & use tax on these purchases. This does not include highways, streets or roads. Any other Sales, Consumer, Use & other similar taxes or fees required by law shall be included in Bid.

B. In accordance with Wisconsin Statute 71.80(16)(a),successful nonresident bidder, whether incorporated or not, and not otherwise regularly engaged in business in this state, shall file surety bond with State of Wisconsin Department of Revenue payable to Department of Revenue, to guarantee payment of income taxes, required unemployment compensation contributions, sales and use taxes and income taxes withheld from wages of employees, together with any penalties and interest thereon. Amount of bond shall be three percent (3%) of Contract or subcontract price on all contracts of $50,000 or more.

12. SUBMISSION OF BIDS

A. All Bids shall be submitted electronically through Dane County’s Procurement Portal via

OpenGov: procurement.opengov.com/portal/countyofdane.

B. Submit completed Bid Bond electronically with Bid.

C. No bids for any subdivision or any sub-classification of the Work, except as indicated, will be accepted. Any conditional Bid, amendment to Bid Pricing Table or appended item thereto, or inclusion of any correspondence, written or printed matter, or details of any nature other than https://procurement.opengov.com/portal/countyofdane rev. 11/23 00 21 13 - 5 that specifically called for, which would alter any essential provision of Construction Documents, or require consideration of unsolicited material or data in determining award of Contract, will disqualify Bid. Telecommunication alterations to Bid will not be accepted.

D. Bidders must submit single Bid for all the Work.

E. Bid amounts shall be inserted numerically in spaces provided on Bid Pricing Table in OpenGov submission.

F. Addenda issued after Bid Letting shall become part of Construction Documents. Bidders shall acknowledge receipt of such addenda in OpenGov submission. Bid may be rejected if receipt of any particular addendum applicable to award of Contract has not been acknowledged in OpenGov.

G. Faxed, hand-delivered or emailed Bids will not be accepted.

13. SUBCONTRACTOR LISTING

A. Bidders may be required to submit Section 00 43 36, Proposed Subcontractors Form listing all subcontractors for this project including committed prices for each subcontractor. See OpenGov “Bid Submission - Checklist” for requirements.

Bid No. 324058 Public Works Construction Contract rev. 11/2024 00 52 96 - 1

COUNTY OF DANE

PUBLIC WORKS CONSTRUCTION CONTRACT

Contract No. Bid No. 324058

Authority: 2024 RES -

THIS CONTRACT, made and entered into as of the date by which authorized representatives of both parties have affixed their signatures, by and between the County of Dane (hereafter referred to as “COUNTY”) and (hereafter, “CONTRACTOR”), and

W I T N E S S E T H :

WHEREAS, COUNTY, whose address is c/o Public Works Director, 1919 Alliant Energy Center Way, Madison, WI 53713, desires to have CONTRACTOR provide Token Creek- Storage Building (“the Project”); and

WHEREAS, CONTRACTOR, whose address is is able and willing to construct the Project, in accordance with the Construction Documents;

NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is acknowledged by each party for itself, COUNTY and CONTRACTOR do agree as follows:

1. CONTRACTOR agrees to construct, for the price of $_____________ the Project and at the CONTRACTOR’S own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence labor, insurance, and other accessories and services necessary to complete the Project in accordance with the conditions and prices stated in the Bid, General Conditions of Contract, any and all Addenda, the drawings which include all maps, plats, plans, and other drawings and printed or written explanatory matter thereof, and the specifications therefore as prepared by General Engineering Company (hereinafter referred to as “the Architect / Engineer”), and as enumerated in the Project Manual Table of Contents, all of which are made a part hereof and collectively evidence and constitute the Contract.

2. The term of this Contract shall commence when fully executed by the parties. The CONTRACTOR shall commence the Work on but not before _________. The Work’s substantial completion date shall be ________________. Failure to meet commence work or substantial completion dates on the Work as set forth herein is grounds for termination of the Contract and other remedies as set forth in the General Conditions of Contract incorporated herein.

3. COUNTY agrees to pay the CONTRACTOR in current funds for the performance of the Contract subject to additions and deductions, as provided in the General Conditions of Contract, and to make payments on account thereof as provided in Article entitled, “Payments to Contractor” of the General Conditions of Contract.

rev. 11/2024 00 52 96 - 2

4. During the term of this Contract, CONTRACTOR agrees to take affirmative action to ensure equal employment opportunities. The CONTRACTOR agrees in accordance with Wisconsin Statute 111.321 and Chapter 19 of the Dane County Code of Ordinances not to discriminate on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs.

Such equal opportunity shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, rates of pay, and any other form of compensation. CONTRACTOR agrees to post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this paragraph.

5. CONTRACTOR shall file an Affirmative Action Plan with the Dane County Contract Compliance Specialist in accord with Chapter 19 of the Dane County Code of Ordinances.

CONTRACTOR must file such plan within fifteen (15) business days of the effective date of this Contract. During the term of this Contract CONTRACTOR shall also provide copies of all announcements of employment opportunities to COUNTY’S Office of Equity & Inclusion, and shall report annually the number of persons, by race, ethnicity, gender, and disability status, which apply for employment and, similarly classified, the number hired and number rejected.

6. During the term of this Contract, all solicitations for employment placed on CONTRACTOR’S behalf shall include a statement to the effect that CONTRACTOR is an “Equal Opportunity Employer”.

7. CONTRACTOR agrees to furnish all information and reports required by COUNTY’S Contract Compliance Specialist as the same relate to affirmative action and nondiscrimination, which may include any books, records, or accounts deemed appropriate to determine compliance with Chapter 19, Dane County Code of Ordinances, and the provisions of this Contract.

8. The intent of this Contract is to be a Contract solely between the parties hereto and for their benefit only. Do not construe any part of this Contract to add to, supplement, amend, abridge or repeal existing rights, benefits or privileges of any third party or parties including, but not limited to, employees of the parties.

9. The entire agreement of the parties is contained herein and this Contract supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. The parties expressly agree that the express terms of this Contract shall not be amended in any fashion except in writing, executed by both parties.

10. CONTRACTOR must be qualified as a Best Value Contractor or have proven their exemption with Dane County Public Works Engineering Division before Bid Due Date / Time.

All contractors and subcontractors must be qualified as a Best Value Contractor or have proven their exemption to perform any work under this Contract.

11. This Contract, and any amendment or addendum relating to it, may be executed and transmitted to any other party by legible facsimile reproduction or by scanned legible electronic PDF copy, and utilized in all respects as, an original, wet-inked manually executed document.

Further, this Contract and any amendment or addendum thereto, may be stored and reproduced by each party electronically, photographically, by photocopy or other similar process, and each party may at its option destroy any original document so reproduced. All parties hereto stipulate that any such legible reproduction shall be admissible in evidence as the original itself in any judicial, arbitration or administrative proceeding whether or not the original is in existence and whether or rev. 11/2024 00 52 96 - 3 not each party made such reproduction in the regular course of business. This term does not apply to the service of notices under this Contract.

IN WITNESS WHEREOF, COUNTY and CONTRACTOR, by their respective authorized agents, have caused this Contract and its Schedules to be executed, effective as of the date by which all parties hereto have affixed their respective signatures, as indicated below.

FOR CONTRACTOR:

Signature Date

Printed or Typed Name and Title

Signature Date

Printed or Typed Name and Title

NOTE: If CONTRACTOR is a corporation, Secretary should attest. In accordance with IRS Regulations, unincorporated entities are required to provide either their Social Security or Employer Number in order to receive payment for services rendered.

This Contract is not valid or effectual for any purpose until approved by the appropriate authority designated below, and no work is authorized until the CONTRACTOR has been given notice to proceed by COUNTY’S Public Works Director.

FOR COUNTY:

Melissa Agard, County Executive Date

Scott McDonell, County Clerk Date

Bid No. 324058 General Conditions of Contract rev. 02/24 00 72 13 - 1

SECTION 00 72 12

GENERAL CONDITIONS OF CONTRACT

Table of Contents

1. CONSTRUCTION DOCUMENTS

2. DEFINITIONS

3. ADDITIONAL INSTRUCTIONS AND DRAWINGS

4. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

5. CUTTING AND PATCHING

6. CLEANING UP

7. USE OF SITE

8. MATERIALS AND WORKMANSHIP

9. CONTRACTOR’S TITLE TO MATERIALS

10. “OR EQUAL” CLAUSE

11. PATENTS AND ROYALTIES

12. SURVEYS, PERMITS, REGULATIONS AND TAXES

13. CONTRACTOR’S OBLIGATIONS AND SUPERINTENDENCE

14. WEATHER CONDITIONS

15. PROTECTION OF WORK AND PROPERTY

16. INSPECTION AND TESTING OF MATERIALS

17. REPORTS, RECORDS AND DATA

18. CHANGES IN THE WORK

19. EXTRAS

20. TIME FOR COMPLETION

21. CORRECTION OF WORK

22. SUBSURFACE CONDITIONS FOUND DIFFERENT

23. RIGHT OF DEPARTMENT TO TERMINATE CONTRACT

24. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES

25. PAYMENTS TO CONTRACTOR

26. WITHHOLDING OF PAYMENTS

27. ACCEPTANCE OF FINAL PAYMENT AS RELEASE

28. PAYMENTS BY CONTRACTOR

29. CONTRACT SECURITY

30. ASSIGNMENTS

31. MUTUAL RESPONSIBILITY OF CONTRACTORS

32. SEPARATE CONTRACTS

33. SUBCONTRACTS

34. PUBLIC WORKS PROJECT MANAGER’S AUTHORITY

35. CONSULTANT’S AUTHORITY

36. STATED ALLOWANCES

37. ESTIMATES OF QUANTITIES

38. LANDS AND RIGHTS-OF-WAY

39. GENERAL GUARANTEE

40. CONFLICTING CONDITIONS

41. NOTICE AND SERVICE THEREOF

42. PROTECTION OF LIVES AND HEALTH

43. AFFIRMATIVE ACTION PROVISION AND MINORITY / WOMEN /

DISADVANTAGED BUSINESS ENTERPRISES

44. COMPLIANCE WITH FAIR LABOR STANDARDS

45. USE AND OCCUPANCY PRIOR TO ACCEPTANCE

46. CLAIMS

47. ANTITRUST AGREEMENT

48. INSURANCE

49. WISCONSIN LAW CONTROLLING

rev. 02/24 00 72 13 - 2

1. CONSTRUCTION DOCUMENTS

A. Construction Documents, listed in Table of Contents of this Specification volume shall form part of this Contract and provisions of Construction Documents shall be as binding upon parties as if they were fully set forth in Contract itself.

B. These shall also be considered as part of Construction Documents: Addenda, including additions and modifications incorporated in such addenda before execution of Contract;

requests for information; construction bulletins; change orders; and written interpretations by Public Works Project Manager that are made after execution of Contract.

C. Construction Documents are complementary, and what is required by one shall be as binding as if required by all. Intent of Construction Documents is to include all labor, materials and equipment necessary for proper execution of the Work.

2. DEFINITIONS

A. These terms as used in this Contract are respectively defined as follows:

1. All uses of term “County” in Construction Documents shall mean Dane County.

2. All uses of term “Department” in Construction Documents shall mean Department of

Administration - Public Works Engineering Division, which is a unit of Dane County government. Department is County agency overseeing Contract with Contractor.

3. Public Works Project Manager is appointed by and responsible to Department. Public Works Project Manager has authority to act on behalf of Department and will sign change orders, payment requests and other administrative matters related to projects.

4. Public Works Project Manager is responsible for supervision, administration and management of field operations involved in construction phase of this Work.

5. Term “Work” includes all labor, equipment and materials necessary to produce project required by Construction Documents.

6. Term “Substantial Completion” is date when project or specified area of project is certified by Public Works Project Manager that construction is sufficiently completed, in accordance with Construction Documents, and as modified by any subsequent changes agreed to by parties, so that County may occupy project or specified area of project for use for which it was intended subject to permit approval for occupancy.

7. Term “Bid” includes all information submitted electronically by bidder in Dane County Procurement Portal.

8. Contractor is person, firm, or corporation with whom County makes Contract. Though multiple contracts may be involved, Construction Documents treat them throughout as if each were of singular number.

3. ADDITIONAL INSTRUCTIONS AND DRAWINGS

A. Contractor may be furnished additional instructions and detail drawings as necessary to carry out the Work included in Contract. Additional drawings and instructions thus supplied to Contractor will coordinate with Construction Documents and will be so prepared that they can be reasonably interpreted as part thereof. Contractor shall carry out the Work in accordance with additional detail drawings and instructions.

rev. 02/24 00 72 13 - 3

4. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

A. All Submittals:

1. Contractor shall maintain updated Submittal Log containing status of all Shop Drawings, Product Data or Samples submissions minimally including comments & dates submitted & approved.

2. Revise and resubmit submittals as required; identify all changes made since previous submittal.

3. Submittal form to identify Project, Contractor, Subcontractor or supplier and pertinent Construction Documents references.

4. Apply Contractor's stamp, signed or initialed, certifying that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information is in accordance with requirements of the Work and Construction Documents.

5. Identify variations from Construction Documents and Product or system limitations that may be detrimental to successful performance of completing the Work.

6. Unless otherwise specified, Contractor shall submit electronic copies of all Shop Drawings & Product Data for each submission.

7. Contractor shall not commence any work requiring Shop Drawing, Product Data or Sample submission until Public Works Project Manager has approved submission. All such work shall be in accordance with approved Shop Drawings, Product Data and Samples.

8. By stamping and submitting Shop Drawings, Product Data and Samples, Contractor thereby represents that they have or will determine and verify all field measurements, field construction criteria, materials, catalog numbers, and similar data and that they have checked and coordinated each Shop Drawing, Product Data and Sample with requirements of the Work and of Construction Documents. Public Works Project Manager shall return without examination, Shop Drawings, Product Data and Samples not so noted.

9. Section 00 73 00 - Supplementary Conditions details any additional, submittal-specific requirements beyond those in this sub-section.

B. Shop Drawings Submittals:

1. Contractor shall review Shop Drawings and place their dated stamp thereon to evidence their review and approval and shall submit with reasonable promptness and in orderly sequence to cause no delay in the Work or in work of any other contractor. At time of submission, Contractor shall inform Public Works Project Manager in writing of any deviation in Shop Drawings or Samples from requirements of Construction Documents.

2. Public Works Project Manager will review and approve or reject Shop Drawings with reasonable promptness to cause no delay. Public Works Project Manager’s approval shall not relieve Contractor from responsibility for errors or omissions in Shop Drawings.

3. Contractor shall keep on site of the Work, approved or conformed copy of Shop Drawings and shall at all times give Department access thereto.

4. All Shop Drawings from any one Contractor should be numbered consecutively and on cover sheet shall bear name and location of project, name of Contractor, date of submittal and date of each correction or revision and associated Specification section and page number.

C. Product Data Submittals:

1. Contractor shall submit, on an on-going basis and as directed, Product Data such as brochures that shall contain catalog cuts and specifications of all furnished mechanical and electrical equipment. After Public Works Project Manager’s final approval, keep one

(1) copy at job site by Contractor for reference purposes.

rev. 02/24 00 72 13 - 4

2. Mark each copy to identify applicable products, models, options, and other data.

Supplement manufacturer's standard data to provide information unique to this Project.

3. Submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data.

4. Submit manufacturers' certificate for review, in quantities specified for Product Data.

Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.

D. Samples Submittals:

1. Samples shall consist of physical examples furnished by Contractor in sufficient size and quantity to illustrate materials, equipment or workmanship, and to establish standards to compare the Work.

a) Submit Samples to Public Works Project Manager. Submit Samples in sufficient quantity (minimum of one (1)) to permit Public Works Project Manager to make all necessary tests and of adequate size showing quality, type, color range, finish, and texture. Label each Sample stating material, type, color, thickness, size, project name, and Contractor’s name.

b) Submit transmittal letter requesting approval, and prepay transportation charges to Public Works Project Manager’s office on samples forwarded.

c) Materials installed shall match approved Samples.

5. CUTTING AND PATCHING

A. Contractor shall be responsible for all cutting, fitting or patching required to make its parts fit together properly in the Work.

B. Contractor shall not damage or endanger portion of the Work or fully or partially completed construction of County or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. Contractor shall not cut or otherwise alter such construction by County or separate contractor except with written consent of County and of such separate contractor; such consent shall not be unreasonably withheld. Contractor shall not withhold unreasonably from County or separate contractor, Contractor’s consent to cutting or otherwise altering the Work.

6. CLEANING UP

A. Daily, Contractor shall keep premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under Contract. Contractor shall remove from and about the Work waste materials, rubbish, Contractor’s tools, construction equipment, machinery, and surplus materials at completion of the Work. Contractor shall maintain streets and sidewalks around the Work site in clean condition. Contractor shall remove all spillage and prevent tracking of spillage arising from performance of the Work, into, out of, and within the Work site. Contractor shall daily perform regular maintenance program of sweeping, vacuuming and / or hosing to minimize accumulation of dirt and dust upon such areas.

B. If Contractor fails to clean up as directed in Construction Documents, County may do so and shall charge Contractor cost thereof.

C. Contractor shall be responsible for broken windows and glass, and at completion of the Work shall replace such damaged or broken windows and glass. After replacing damaged or broken windows and glass, Contractor shall remove all labels, wash and polish both sides of all windows and glass.

rev. 02/24 00 72 13 - 5

D. In addition to general cleaning (sweeping, vacuuming and / or hosing, as is appropriate to work surface), Contractor shall perform following final cleaning for all trades at completion of the Work:

1. Remove temporary protections;

2. Remove marks, stains, fingerprints and other soil or dirt from painted, decorated and finished woodwork and wall surfaces;

3. Remove spots, plaster, soil and paint from ceramic tile, marble and other finished materials, and wash or wipe clean;

4. Clean fixtures, cabinet work and equipment, removing stains, paint, dirt and dust, and leave same in undamaged, new condition;

5. Clean glass & aluminum in accordance with recommendations of manufacturer; and

6. Clean resilient floors thoroughly with well-rinsed mop containing only enough moisture to clean off any surface dirt or dust and buff dry by machine to bring surfaces to sheen.

7. USE OF SITE

A. Contractor shall provide County and Public Works Project Manager access to the Work under all circumstances.

B. Contractor shall confine operations at site to areas permitted by County, law, ordinance, permits and Construction Documents and shall not unreasonably encumber site with materials or equipment. Contractor shall assure free, convenient, unencumbered, direct and safe access to all properties adjacent to the Work for County, its employees, invitees and guests.

C. Contractor & subcontractors shall follow all current Public Health - Madison & Dane County procedures & recommendations including the mandatory use of facemasks while inside any County facility. County Project Manager shall clarify these procedures & recommendations at pre-construction meeting.

8. MATERIALS AND WORKMANSHIP

A. Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, necessary to complete the Work required by this Contract, within time specified, in accordance with provisions of Construction Documents.

B. All equipment and materials incorporated in the Work covered by this Contract are to be new;

use recycled and / or recovered materials to extent that such use is technically and economically feasible. Recovered materials are products recovered from solid waste in form identical to original form for use that is same as, or similar to original use. Recycled materials are products manufactured from solid waste.

C. If requested, Contractor shall furnish satisfactory evidence as to kind and quality of construction materials proposed or used. Contractor shall furnish to Public Works Project Manager, for approval, manufacturer name and model, performance capacities and other pertinent information of machinery, mechanical, electrical or other types of equipment, which Contractor plans to install.

D. If not otherwise provided, materials and labor called for in this Contract shall be provided and performed in accordance with established practice and standards recognized by Architects, Engineers, Department, and construction industry.

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E. Reference to “Standard” specifications of any association or manufacturer, or codes of County authorities, intends most recent printed edition or catalog in effect on date that corresponds with date of Construction Documents.

F. Whenever reference is made in Specifications that work shall be “performed”, “applied”, in accordance with “manufacturer’s directions or instructions”, Contractor to whom those instructions are directed shall furnish three (3) printed copies of such instructions to Public Works Project Manager before execution of the Work.

9. CONTRACTOR’S TITLE TO MATERIALS

A. Contractor or any subcontractor shall not purchase materials or supplies for the Work subject to any chattel mortgage or under conditional sale contract or other agreement by which seller retains interest. Contractor warrants that all materials and supplies used in the Work are free from all liens, claims or encumbrances and Contractor has good title to them.

10. “OR EQUAL” CLAUSE

A. Whenever equipment or materials are identified on Drawings or in Specifications by reference to manufacturer’s or vendor’s name, trade name, catalog number, and other identifying information, it is intended to establish standards; and any equipment or material of other manufacturers and vendors which will perform adequately duties imposed by general design will be considered equally accepted provided equipment or material so proposed is, in opinion of Public Works Project Manager, of equal substance and function. Department shall provide written approval before Contractor may purchase or install it.

B. Equipment or materials of manufacturers, other than those named, may be used only upon following conditions:

1. That, in opinion of Department, proposed material or equipment item is fully equal or superior (in design, materials, construction, workmanship, performance, finish, etc.) to named item. No compromise in quality level, however small, is acceptable.

2. That, in substituting materials or equipment, Contractor assumes responsibility for any changes in system or for modifications required in adjacent or related work to accommodate such substitution despite Department’s approval, and all costs growing out of approval of “or equal” items shall be responsibility of Contractor. No extra costs resulting from such approval shall become responsibility of Department, or any other separate Contractor.

3. It shall be understood that use of materials or equipment other than those specified, or approved equal by Department, shall constitute violation of Contract, and that Department shall have right to require removal of such materials or equipment and their replacement with specified materials or equipment at Contractor’s expense.

4. Product and manufacturer named first in Specifications or on information shown on Drawings is basis of selection of manufactured items and equipment, particularly mechanical equipment. In using other than first named products or manufacturers, including those specified as additionally approved or acceptable, Contractor assumes responsibility for any changes in system and for modifications in any work required to accommodate them. Public Works Project Manager’s approval of such additionally acceptable products or manufacturers, either in Specifications or in Addendum, does not relieve Contractor from obligation to coordinate such optional products with other Contractors, whose work may be affected by them, and to pay all additional costs resulting from their inclusion into the Work. Contractor’s liability shall include payment of any additional services made necessary by or directly connected to such product rev. 02/24 00 72 13 - 7 changes. No extra costs resulting from such changes shall become responsibility of Department or any other separate Contractor.

C. No request for approval of “or equal” materials will be entertained except from Contractor.

Identify any request for substitution as substitution on Contractor’s letter of transmittal and give reasons for substitution. Department may in its sole discretion allow substitutions of materials.

11. PATENTS AND ROYALTIES

A. If Contractor uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood, that, without exception, contract prices shall include all royalties or costs arising from use of such design, device or materials, in any way involved in the Work.

B. Contractor shall indemnify and save harmless County from any and all claims for infringement by reason of use of such patent or copyright in connection with the Work agreed to be performed under this Contract, and shall indemnify County for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during prosecution of the Work or after completion of the Work.

12. SURVEYS, PERMITS, REGULATIONS AND TAXES

A. Department will furnish to Contractor all site, topography and property surveys necessary for execution of the Work.

B. Contractor shall procure all permits, licenses and approvals necessary for execution of this

Contract.

C. Contractor shall give all notices and comply with all State of Wisconsin, Federal and local laws, codes, rules and regulations relating to performance of the Work, protection of adjacent property, and maintenance of passageways, guard fences or other protective facilities.

D. Contractor does not need to pay State and local sales & use taxes on building materials that become part of local unit government facilities. See Wisconsin Statute 77.54 (9m). This does not include materials for highways, streets or roads. Contractor shall pay any other Sales, Consumer, Use & other similar taxes or fees required by law.

E. Contractor shall promptly notify Public Works Project Manager of any variances of Drawings or Specifications with that of any State of Wisconsin, federal or local law, code, rule or regulation. Upon such notification, Public Works Project Manager will require correction of variance to comply with applicable law, code, rule or regulation at no additional cost to Contractor.

F. Work under this Contract shall comply with all applicable State of Wisconsin, Federal and local laws, codes and regulations.

G. Contractor shall pay charges for water, sewer and other utility connections made by municipalities where required by Specifications.

13. CONTRACTOR’S OBLIGATIONS AND SUPERINTENDENCE

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A. Contractor shall provide and pay for all materials, labor, tools, equipment, transportation and superintendence necessary to execute, complete and deliver the Work within specified time.

Contractor agrees to secure at their own expense all personnel necessary to carry out the Work. Such personnel shall not be deemed County employees nor shall they have or be deemed to have any direct contractual relationship with County.

B. Performance of any work necessary after regular working hours, on Sundays or Legal

Holidays shall be without additional expense to County. Performance of any work at site at other than normal working hours must be coordinated with Public Works Project Manager.

C. Contractor shall furnish, erect, maintain and remove such temporary works as may be required.

D. Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of Construction Documents.

E. At the Work site, Contractor shall give personal superintendence to the Work or shall employ construction superintendent or foreman, experienced in character of work covered by Contract, who shall have full authority to act for Contractor. Understand that such superintendent or foreman shall be acceptable to Department.

F. Remove from project or take other corrective action upon notice from Department for

Contractor’s employees whose work is considered by Department to be unsatisfactory, careless, incompetent, unskilled or otherwise objectionable.

G. Contractor and subcontractors shall be required to conform to Labor Laws of State of

Wisconsin and various acts amendatory and supplementary thereto and to other laws, ordinances and legal requirements applicable to the Work.

H. Presence and observation of the Work by Public Works Project Manager shall not relieve

Contractor of any obligations.

14. WEATHER CONDITIONS

A. In event of temporary suspension of work, or during inclement weather, or whenever Public

Works Project Manager shall direct, Contractor shall, and shall cause subcontractors to protect carefully all work and materials against damage or injury from weather. If, in opinion of Department, any work or materials that have been damaged or injured due to failure on part of Contractor or any subcontractors so to protect the Work, such materials shall be removed and replaced at expense of Contractor.

15. PROTECTION OF WORK AND PROPERTY

A. Contractor shall at all times safely guard County’s property from injury or loss in connection with this Contract. Contractor shall at all times safely guard and protect the Work, and adjacent property, from damage. Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in Contract, or by County, or County’s duly authorized representative.

B. Contractor may act diligently, without previous instructions from Department, in emergency that threatens loss or injury of property, or safety of life. Contractor shall notify Department immediately thereafter. Promptly submit any claim for compensation by Contractor due to such extra work to Department for approval as provided for in Article 18 herein.

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16. INSPECTION AND TESTING OF MATERIALS

A. Authorized representatives and agents of County government shall have access at all times to the Work wherever it is in preparation or progress and Contractor shall provide facilities for such access and for inspection.

B. Should it be considered necessary or advisable at any time before final acceptance of the

Work to make examination of work already completed, by removing or tearing out same, Contractor shall upon request, promptly furnish all necessary facilities, labor and materials.

If such work is found to be defective in any aspect, due to fault of Contractor or subcontractors thereof, Contractor shall assume all expenses of such examination and of satisfactory reconstruction. Contractor will be reimbursed for such examination and replacement in accordance with Article 18 - A.3., of these General Conditions of Contract if such work is found to meet requirements of Contract.

C. If Specifications or Public Works Project Manager’s instructions require any work to be specially tested or approved, Contractor shall give Public Works Project Manager timely notice of its readiness for testing or inspection. Test all materials and equipment requiring testing in accordance with accepted or specified standards, as applicable. Public Works Project Manager shall recommend laboratory or inspection agency and Department will select and pay for all initial laboratory inspection services. Should retesting be required, due to failure of initial testing, cost of such retesting shall be borne by Contractor.

D. Cost of any testing performed by manufacturers or Contractor for substantiating acceptability of proposed substitution of materials and equipment, or necessary conformance testing in conjunction with manufacturing processes or factory assemblage, shall be borne by Contractor or manufacturer responsible.

17. REPORTS, RECORDS AND DATA

A. Contractor shall submit to Public Works Project Manager such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, invoices, records and other data as either may request concerning work performed or to be performed under this Contract.

18. CHANGES IN THE WORK

A. Make no changes, except in cases of emergency, in the Work covered by approved

Construction Documents without having prior written approval of Department. Charges or credits for the Work covered by approved change shall be determined by one of these methods:

1. Unit bid prices previously approved.

2. Agreed lump sum based on actual cost of:

a) Labor and all fringe benefits that are associated with their wages.

b) Materials entering permanently into the Work.

c) Cost of construction tools and equipment during time of use on extra work.

d) Power and consumable supplies for operation of power equipment.

g) Add to cost under (2), fixed fee to be agreed upon, but not to exceed fifteen percent

(15%) of actual cost of work performed with their own labor force. Fee shall be compensation to cover cost of supervision, overhead, bond, profit and any other general expense.

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h) On that portion of the Work under (2) done under subcontract, Contractor may include not over seven and one-half percent (7½%) for supervision, overhead, bond, profit and any other general expense.

i) Department may require correct amount of costs with supporting vouchers;

Contractor shall keep and present in such form as directed.

3. Cost-plus work, with not-to-exceed dollar limit, based on actual cost of:

a) Labor and all fringe benefits that are associated with their wages.

b) Materials entering permanently into the Work.

c) Ownership or rental cost of construction tools and equipment during time of use on extra work. Rental cost cannot exceed fifty percent (50%) replacement value of rented equipment.

d) Power and consumable…