4-26-054 - Project Manual - final.pdf

Department of Public Works W4097 County Road NN

Elkhorn, WI 53121 www.co.walworth.wi.us

PROJECT MANUAL

Project #26-054

Department of Public Works Garage Door Replacement

Schedule of Events:

Bid Documents Issued:

Optional Pre-Bid Meeting:

Final Questions:

Final Addendum Bids Due:

June 04, 2026 June 17, 2026 10:00 am June 19, 2026 10:00 am June 22, 2026 June 29, 2026 10:00 am

Anticipated Award: July 20, 2026 Project Completion: November 30, 2026

Contact Information:

Buyer: Carolyn Holt, Senior Buyer

#26-054 Department of Public Works Garage Door Replacement 00 00 00 - 1

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SECTION 00 01 11

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

00 00 00 – Cover Sheet 00 01 11 – Table of Contents

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 – Invitation to Bid 00 21 00 – Instructions to Bidders 00 25 00 – Pre-Bid Meeting (Optional) 00 25 10 – Public Bid Opening 00 41 00 – Bid Form – Qualification Statement 00 43 10 – Substitution Request Form 00 43 36 – List of Subcontractors 00 52 60 – Sample Contract – Good and Services 00 61 13 – Contract Bond 00 72 15 – Standard Terms & Conditions 00 73 16 – Insurance Requirements

DIVISION 01 GENERAL REQUIREMENTS

01 10 00 – General Project Requirements 01 29 00 – Payment Procedures 01 31 00 – Project Management and Coordination 01 77 00 – Project Closeout 01 77 05 – Closeout Procedures

DIVISION 02 EXISTING CONDITIONS

02 41 16 – Demolition

DIVISION 08 OPENINGS

08 33 00 – Rolling Service Doors

DIVISION 26 ELECTRICAL

26 01 00 – Operation and Maintenance of Electrical Systems

APPENDIX

- Drawings

END OF SECTION

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SECTION 00 11 00

INVITATION TO BID

GENERAL: Walworth County, Wisconsin will receive sealed bids for the Department of Public Works Garage Door Replacement Project until 10:00 a.m. local time, June 29, 2026. Sealed bids will be received electronically through Walworth County’s Bonfire Portal. Shortly after the time of deadline, a virtual bid opening will be conducted, and sealed bids will be publicly opened and recorded by Purchasing staff. Bids must be received, date and time stamped by Walworth County Purchasing on or before the deadline. Late responses will not be accepted.

BIDDING DOCUMENTS: All Walworth County solicitations are posted on Walworth County’s Bonfire Portal website at https://walworthcountywi.bonfirehub.com. Bidders may register for an account with Bonfire at no charge.

NOTE: Walworth County will make no attempt to contact vendors with updated information. It is the responsibility of each vendor to periodically check the website for any and all notifications, releases, and amendments associated with this solicitation.

SCOPE OF WORK: The bid solicited is for the demolition of one oversized salt dome garage door, the operator, track and associate components and furnish and install a replacement rolling door, operator, track and associate components. The Project is located at W4097 County Road NN, Elkhorn, WI, 53121. In general, work will include but is not limited to, demolition of the existing door system, furnish and install a replacement rolling door, associated control systems, all devices, systems, and other incidentals as described within this document or typical with a door replacement of this size.

BIDDER QUALIFICATIONS: Bidder shall meet the following minimum requirements before award of any contract:

1) Maintains a permanent place of business.

2) Has the ability to obtain the required Insurance and Bonding for the project.

3) Has a successful record of completing projects on time and on budget.

4) Has adequate equipment to do work properly and expeditiously.

5) Has a suitable financial status to meet obligations incidental to work.

6) Has minimum of seven years of technical experience.

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SECTION 00 21 00

INSTRUCTIONS TO BIDDERS

1.01 BIDDING AND CONTRACT DOCUMENTS

A. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Invitation to Bid, Instructions to Bidders, the bid form, and other bidding and contract forms.

B. The proposed Contract Documents consist of the form of Agreement between the Owner and

Contractor, Conditions of the Contract (General and Supplementary Conditions), Drawings, Specifications, and all Addenda issued prior to execution of the Contract.

C. Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents.

1.02 EXAMINATION OF BIDDING DOCUMENTS

A. All bidders submitting bids for this work shall first examine the site and all conditions that may affect bidding. Bidders shall take into consideration all such conditions as may affect work under this Contract.

B. The bidder is required to carefully examine the work site, plans and specifications, project manual, general conditions, contract and bond (where applicable), all as herein contained and known as the bid documents for the work contemplated. It will be assumed that the bidder has investigated and is satisfied as to the requirements of the bid documents. It is mutually agreed that the submission of a bid shall be considered as conclusive evidence that the bidder has made such examination and is satisfied as to all the conditions and contingencies.

C. No pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this specification, as a result of failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the bidding Contractor to fulfill, in every detail, all of the requirements of the bid documents, or will be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

D. Drawings and Specifications included herein are representative and typical of the quality and type of construction for the Project.

E. In the bidding process the Contractor shall assume the same quality and level of detail in areas of the building not specifically shown or detailed.

F. All labor, equipment, parts, items, details of services or features not specifically mentioned which are regularly furnished in order to complete this type of purchase/work will be furnished at bid pricing and shall conform in quality, workmanship, and service to that usually provided by the practice as specified in this Project Manual.

G. Should bidder have any questions or find discrepancies or ambiguities in Drawings or Specifications or should there be doubt as to their meaning, bidder shall notify the Buyer at once who will send a written addendum to all bidders. Buyer will not be responsible for any oral instructions.

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H. If any errors or omissions appear in Drawings, Specifications, or other documents, bidder shall notify Buyer prior to submitting bid. Should conflict occur in or between Drawings and Specifications, bidding Contractor is deemed to have estimated the more expensive way of doing the work unless bidding Contractor shall have asked for and obtained a written decision before submission of bids as to which method or materials will be required.

1.03 INQUIRIES – SINGLE POINT OF CONTACT:

A. All communications concerning the solicitation must be submitted in writing using the “Messages” feature under this Project in Bonfire at https://walworthcountywi.bonfirehub.com. Unless otherwise noted, questions must be received no later than the date stated in the solicitation.

1.04 OTHER MANUFACTURERS AS APPROVED BY OWNER (where applicable)

A. Owner will consider substitutions for other manufacturer’s material, product, or equipment only when such requests are submitted no less than ten (10) days prior to bid due date. Such requests shall be submitted on 00 43 10 Substitution Request Form as provided in the bid document.

B. Approved substitutions will be declared by Addendum.

C. The decision of Owner is final concerning all products, materials, equipment, or other approvals.

D. If no additional products have been submitted for approval and approved, as described herein, the specified product(s) must be provided.

1.05 ADDENDA

A. Addenda will be posted to the project at https://walworthcountywi.bonfirehub.com/

B. Addenda will be issued no later than five (5) days prior to the date for receipt of Bids except an Addendum canceling the project or one which includes postponement of the date for receipt of Bids.

C. Bidders shall acknowledge receipt and incorporation of all addenda. Any addenda issued during the time of bidding shall be included with the bid, and in executing a contract they will become a part thereof. Contact with any other party or attempts by bidders to contact any other party may result in the rejection of their bid.

1.06 TAXES

A. Unless otherwise specified, bid price includes all federal, state, and local taxes which are applicable to the Work. The Owner asserts to be exempt from payment of State sales and use taxes and reserves the right to implement the Owner’s state sales tax exemption procedure. The Bidder shall exclude all State sales and use tax, pursuant to sed. 77.54 (9m), Wis. Stats., from their bid.

Contractor(s) shall properly document sales-exempt transactions utilizing the appropriate Wisconsin Sales and Use Tax Exemption Certificate(s).

1.07 PREPARATION OF BIDS

A. Bids shall be submitted on the forms included with the Bidding Documents.

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B. Unit Price to Prevail: In the event of a price disparity between the unit and extended price, the unit price shall prevail unless judged obviously in error by the Owner.

C. All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change."

D. Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

E. Bid shall be submitted in Bonfire by the person or persons legally authorized to bind the Bidder to a contract, or the person or persons authorized to submit a bid on their behalf

1.08 SUBMISSION OF BIDS

A. Owner will only accept electronic submittals in response to this solicitation. All bids must be submitted electronically using Walworth County’s Bonfire Portal by the time and in the manner prescribed. Bonfire will serve as the bid collection destination.

B. Electronic Submission of Bids through Bonfire at https://walworthcountywi.bonfirehub.com/

C. Bids received after the time and date for receipt of Bids will be not be accepted.

D. Bids shall remain valid for 60 days from bid opening.

E. Bidder shall assume full responsibility for timely electronic delivery of Bids.

F. Oral, telephonic, facsimile, email or other electronically transmitted bids will not be considered and will be rejected.

G. Submit the following documents:

1) Bid Form

2) List of Subcontractors, if applicable

H. It is not necessary to submit the entire bid document with the bid.

1.09 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

B. Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing to the buyer listed on the cover page.

C. Bids requiring modification shall be withdrawn.

D. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids if they are then fully in conformance with these Instructions to Bidders.

1.10 OPENING OF BIDS

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A. At the discretion of the Owner, if stipulated in the Invitation to Bid, the properly identified Bids received on time will be publicly opened by the Owner as stated in the Invitation to Bid, Section 00 11 00.

B. Owner will receive sealed bids in the manner prescribed in the Invitation to Bid Section 00 11 00.

1.11 REJECTION OF BIDS

A. The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

1.12 SUB-CONTRACTS

A. Bidder shall submit a complete list of all Subcontractors to be used on the project with their Bid.

1.13 AWARD OF CONTRACT

A. It is the intent of the Owner to award a Contract to the lowest cost, responsive, qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. The Owner reserves the right to request additional information to verify qualifications.

B. Owner will take into consideration Base Bids, and Alternate Bids, in any combination and in the

Owner's best interests, when reviewing bids and reserves the right to reject any or all bids which, in the opinion of Owner, will be insufficient to carry out Work under the terms of the Contract and Specifications.

C. Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the work, together with samples, which may be subjected to tests provided for in these specifications to determine their quality and fitness for the work.

D. The contract shall be deemed as having been awarded when formal recommendation of award has been approved by the appropriate County Committee or Board having the authority to make such approval.

E. The final agreement shall be made in the form of a Contract drafted by the Owner and executed by the Owner and the bidding Contractor(s).

1.14 PERFORMANCE BOND

A. The Contractor shall deliver the required bonds to the Owner no later than three days following contract execution.

B. The Contractor shall execute a contract bond, in an amount at least equal to 100% of the full contract price, covering the faithful performance of the Contract and payment of all subcontractors and suppliers providing work and materials under this contract. Such bond to be executed by a surety company acceptable to the Owner.

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C. In the event the surety takes over the work under the contract, the surety shall be bound by all the provisions of the contract.

D. The premiums on all bonds shall be paid by the Contractor.

1.15 DESIGN CLARIFICATIONS AFTER CONTRACT

A. The Drawings and Specifications included herein are representative and typical of the quality and type of construction for the Project.

B. In the bidding process the Contractor shall assume the same quality and level of detail in areas of the building not specifically shown or detailed.

C. When questions arise during construction relating to items not detailed on the architectural or engineering drawings, the Contractor shall submit a Request for Information (RFI) document and explanatory drawing or statement illustrating what the Contractor is questioning for design intent. The Request for Information (RFI) shall be submitted to the Architect for review.

D. If Contractor has failed to completely review the Drawings and the Project Manual for the subject answer submitted via the Request for Information (RFI), and the information is clearly identified on the Drawings or in the Project Manual determined by the Architect or Engineer, the Contractor will be subject to reimburse the Architect or Engineer for the time spent verifying and confirming the condition of the Request for Information (RFI).

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SECTION 00 25 00

PRE-BID MEETING

1. PART 1 GENERAL

1.01 OPTIONAL PRE-BID MEETING

A. One Pre-Bid meeting will take place at 10:00 a.m. (local time) on Wednesday, June 17, 2026, for the purpose of Contractors, Subcontractors and Suppliers to examine the buildings and project site.

Project-related questions will be discussed and a tour of the work areas will be conducted.

B. Interested parties should meet promptly in the lobby of the Walworth County Public Works Building A located at W4097 County Road NN, Elkhorn, WI, 53121.

C. Interested parties are reminded to review all bid documents, plans, specifications, etc. prior to the pre-bid meeting.

D. Attendance is not mandatory.

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SECTION 00 25 10

PUBLIC BID OPENING

No in-person bid openings are conducted in Walworth County.

Interested parties may participate in the public bid opening for this project as described in this Section.

Bids opened and read are considered preliminary and subject to review and verification of applicable bid requirements. Contract(s) will be awarded to the lowest responsive, responsible bidder unless stated otherwise in the request for bids.

The County will host this bid opening on Monday, June 29, 2026 at 10:15 a.m. via Microsoft Teams meeting.

Interested participants may attend electronically via the livestream video conference by using the access information provided below.

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/276427307575861?p=h2rFsCPPnrBleJ qtd4 Meeting ID: 276 427 307 575 861 Passcode: j2eZ6kk2

Need help? | System reference Dial in by phone +1 414-219-0219,,83542154# United States, Milwaukee Find a local number Phone conference ID: 835 421 54# For organizers: Meeting options | Reset dial-in PIN

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SECTION 00 41 00

BID FORM AND QUALIFICATION STATEMENT

Department of Public Works Garage Door Replacement

Project No. 26-054

#26-054 Department of Public Works Garage Door Replacement 00 41 00 - 1

**To be completed electronically in Bonfire**

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SECTION 00 43 10

SUBSTITUTION REQUEST FORM

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LIST OF SUBCONTRACTORS

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SECTION 00 52 60

SAMPLE CONTRACT FOR GOODS AND SERVICES

Walworth County Goods and Services Contract

Project Number:

Goods and/or services to be provided:

Contract Period:

Contract Amount: $ County:

Organization Name: Walworth County

Address:

100 West Walworth Street Elkhorn, WI 53121

Walworth County Point of Contact:

Telephone: 262-741-XXXX

Cell:

E-mail: XXXX@co.walworth.wi.us

Contractor:

Organization Name:

Address:

Contractor Point of Contact:

Name of person responsible for day-to-day activities of contract

Telephone:

Cell:

E-mail:

Goods and Services Contract

WALWORTH COUNTY REV. 04/24

Approved ________ Enacted 10/2017

PURCHASE OF GOODS AND/OR SERVICES CONTRACT

Parties This Contract is between Walworth County whose business address is, 100 West Walworth Street, Elkhorn, WI 53121, hereinafter referred to as the County, and whose business address is hereinafter referred to as Contractor.

This Contract sets forth the responsibilities, time and cost of goods and/or services provided by Contractor.

Article 1 – Goods and/or Services to be Provided

Section 1.1 Goods and/or Services to be Provided The County and Contractor agree that the Contractor will provide DESCRIPTION OF SERVICES TO BE

PROVIDED.

at the following location(s):

Goods and services shall be provided in accordance with the County’s Request for Bid/Proposal for Description of Goods and Services and the bid/proposal submitted by Contractor which are attached as the following exhibits and made a part of this Contract.

Exhibit A – Walworth County Request for Bid/Proposal for Description of Goods and Services Exhibit B – Bid/Proposal from [Enter Contractor Name]

Article 2 – Term

This Contract is to be effective for the period MM/DD/YYYY through MM\DD\YYYY with the option to renew the Contract for ENTER NUMBER OF YEARS IN WORDS AND (NUMBERS) years under the same terms and conditions upon mutual agreement. OR Upon execution of Contract through final project completion and acceptance.

Article 3 – Performance

Section 3.1 Regulations The Contractor agrees to comply with all the requirements of all applicable federal, state, and local laws.

Section 3.2 Inability to Provide Quality or Quantity of Goods and/or Services The Contractor shall notify the County immediately in writing and deliver in person or by registered mail whenever it is unable to provide the required quality or quantity of the goods and/or services. Upon such notification, the County and Contractor shall determine whether such inability will require a revision or termination of this Contract. (See Article 15 “Revision or Termination of this Contract.”)

Section 3.3 Remedies In the event Contractor fails to provide goods/services or creates errors that result in the County being obliged to perform required services, if any, the County will be reimbursed the total cost of the County employees’ wages including benefits and all other costs directly incurred by the County for corrective actions taken.

Section 3.4 Documentation of Quality and Quantity of Goods and/or Services The Contractor shall retain all documentation necessary to adequately demonstrate the time, cost, duration, location, scope, quality and effectiveness of goods and/or services rendered under the Contract. The County

Approved ________ Enacted 10/2017 reserves the right to not pay for units of goods and/or services reported by the Contractor that are not supported by documentation required under this Contract.

Section 3.5 Standards for Performance in Delivery of Goods and/or Services The County will monitor the Contractor’s performance and will use the results of this monitoring to evaluate the Contractor’s ability to provide adequate goods and/or services to the County. If the Contractor fails to meet contract goals and expected results, the County may reduce or terminate the Contract immediately.

Section 3.6 Force Majeure Neither party shall be in default by reason of any failure in the performance of this Contract in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

Article 4 – Payment and Allowable Costs

Section 4.1 Amount Paid Under Contract The maximum payment under this Contract is $______________ per (hour, month, year, etc.) pursuant to Exhibit ___. Actual total payment will be based upon the amount of goods and/or services authorized by the County and the amount of goods and/or services performed by Contractor. It is understood and agreed by all parties that the County assumes no obligation to purchase from the Contractor any minimum amount of goods and/or services as defined in the terms of this Contract.

Section 4.2 Invoicing and Payment The Contractor will invoice the County pursuant to this agreement. All invoices are to be mailed to Walworth County Finance Department – Accounts Payable Division, 100 West Walworth Street, Elkhorn, WI 53121 or emailed to apsupport@co.walworth.wi.us . Unless otherwise agreed, Walworth County will pay properly submitted vendor invoices within forty five (45) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on a purchase order, if a purchase order is issued with this contract. Walworth County’s preference is to pay for goods/services on procurement card (P-card). However, if P-card is unacceptable, payment will be made in accordance with the above.

Section 4.3 Reimbursement of Expenses The County is not liable to Contractor for any expenses paid or incurred by Contractor unless otherwise agreed in writing.

Section 4.4 Taxes The Contractor understands that they are responsible for all applicable taxes. Neither federal, nor state, nor local income tax nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Contractor or any employees of the Contractor. The Contractor shall provide the Walworth County Department of Finance with a federal employer identification or social security number to allow for proper reporting to federal tax authorities.

Section 4.5 Payment in Excess of Earned Amount The Contractor shall return to County any funds paid in excess of the amount earned under this Contract within 90 days of the end of the Contract period. If the Contractor fails to return funds paid in excess of the amount earned, the County may recover the excess payment from subsequent payments made to the Contractor or through other collection means.

Approved ________ Enacted 10/2017

Article 5 – Confidentiality

Section 5.1 Confidentiality Contractor acknowledges that the information disclosed during the performance of this Contract is confidential and/or proprietary to the County. Such information shall not be disclosed to third parties without written consent from the County.

Contractor shall establish and maintain procedures and controls for the purpose of assuring that no information in its records or information obtained from the County or from others in carrying out its function is disclosed.

The County reserves the right to review such procedures to ensure acceptability to the County. Any person(s) requesting information should be referred directly to the County.

Section 5.2 Contract Not Confidential Except for documents identified as an exception to Wis. Stat. s. 19.36(3), the Contract and all related documents are not confidential.

Section 5.3 Promotional Advertising Reference to or use of Walworth County, any of its departments, or sub-units or any County official or employee for commercial promotion is prohibited.

Article 6 – Conflict of Interest

The Contractor shall ensure the establishment of safeguards to prevent employees, contractors, or members of the board from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties.

Article 7 – Debarment and Suspension

The Contractor certifies through signing this Contract that neither the Contractor nor any of its principals are on the state or federal government list of debarred contractors with the effective dates during this Contract. In addition, the Contractor shall notify the County within (5) five business days in writing and send by registered mail if the Contractor or its principals receive a designation from the state or federal government that they are debarred, suspended, proposed for debarment, or declared ineligible by a state or federal agency. The County may consider suspension or debarment to be cause for implementing high-risk contract provisions under Article 16 “Special conditions for high-risk contract” or for revising or terminating the Contract under Article 15 “Revision or termination of this Contract.”

Article 8 – Authorization

The Contractor shall deliver prior authorized goods and/or services only to individuals who have been determined eligible to receive goods and/or services. Individuals to receive the goods and services shall be determined by the County.

Article 9 – Independent Contractor

Section 9.1 Independent Contractor Nothing in this Contract shall create a partnership or joint venture between the County and the Contractor. The Contractor is at all times acting as an independent contractor and is in no sense an employee, agent or volunteer of the County. Contractor is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plan of the County.

Approved ________ Enacted 10/2017

Section 9.2 Contract Not Assignable This Contract is not assignable, in whole or in part, by County or Contractor without written consent of Walworth County.

Section 9.3 Sub-Contracting Contractor agrees that no sub-contract with a third party, for all or any part of Contractor’s responsibilities identified in this Contract, may be entered into without prior written approval of the County. County agrees not to withhold approval for Contractor to sub-contract, provided the sub-contractor abides by the terms and conditions of this Contract. Regardless of the participation of an approved sub-contractor, Contractor agrees to retain primary responsibility for the fulfillment of its obligations under this Contract. Contractor shall be fully responsible to the County for the acts and omissions if his subcontractors and/or persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by the Contractor.

Section 9.4 No Authority to Bind County Contractor has no authority to enter into contracts on behalf of County. This Contract does not create a partnership between the parties.

Section 9.5 No Construction All terms and conditions included in this Contract are understood as NO CONSTRUCTION AGAINST ANY PARTY. This Contract is the product of informed negotiations between the County, the parties, all of whom are acknowledged to have been represented by competent and informed counsel. If any part of this Contract is deemed to be unclear or ambiguous, it shall be construed as if it were drafted jointly by all parties.

Article 10 – Indemnity and Insurance

Section 10.1 Indemnity To the proportional extent the Contractor is negligent, Contractor agrees that it will, at all times during the existence of this Contract, indemnify the County, its officers, agents and employees against any and all liability, including claims, demands, damages, actions or causes of actions; together with any and all losses, costs or expense, including attorney fees, where such liability is founded upon or grows out of the acts, errors or omissions of the Contractor, its employees, agents or subcontractors. However, the provisions of this paragraph shall not apply to liabilities, losses, charges, costs or expenses caused by the County.

Section 10.2 Insurance The Contractor agrees that, in order to protect itself as well as the County under the indemnity provision set forth in the above paragraph, the Contractor will at all times during the terms of this Contract keep in force a liability insurance policy issued by a company authorized to do business in the State of Wisconsin and licensed by the Office of the Commissioner of Insurance. Such insurance shall be primary. The types of insurance coverage shall be pursuant to Exhibit A.

The County reserves the right to increase, decrease and/or add additional insurance if necessary.

The Contractor acknowledges that its indemnification liability to the County is not limited by the limits of this insurance coverage.

In the event of any action, suit, or proceedings against the County upon any matter indemnified against, the County shall notify the Contractor by registered mail within five business days.

Article 11 – License, Certification, and Staffing

Approved ________ Enacted 10/2017

Section 11.1 License and Certification The Contractor shall meet local, state and federal service standards and applicable state training, licensure and certification requirements as expressed by local, state and federal rules and regulations applicable to the goods and/or services covered by this Contract.

The Contractor shall attach copies of its license or certification document and the most recent licensing or certification report concerning the Contractor to this Contract when returning the signed Contract to the County. During the Contract period, if applicable, the Contractor shall also send the County copies of any licensing inspection reports within 5 business days of receipt of such reports.

Section 11.2 Staffing The Contractor shall ensure that staff providing goods and/or services are properly supervised and trained and that they meet all of the applicable licensing and certification requirements.

Section 11.3 Safety Requirements All material, equipment and supplies provided to the COUNTY must comply with all safety requirements as set forth by the Wisconsin Administration Code, Rules of the Industrial Commission on Safety and all applicable OSHA standards.

Section 11.4 Regulations Contractor agrees to comply with all the requirements of all applicable federal, state and local laws.

Article 12 – Records

Section 12.1 Ownership All deliverables and /or other products of this Contract (including but not limited to all procedures, solicitation packages, reports, records, summaries and any other matter and materials prepared by Contractor in performance of this Contract) will be the sole, absolute and exclusive property of County, free from any claims or retention of rights, thereto on the part of Contractor, its agents, subcontractor, officers or employees.

Section 12.2 Maintenance of Records The Contractor shall maintain and retain such records and financial statements as required by state and federal laws, rules, and regulations.

Section 12.3 Examination of Records The County shall at any time during normal business hours, upon reasonable notice, have access to and the right to examine, audit, transcribe, and copy, on Contractor’s premises, any of the Contractor’s records and computer data storage media involving transactions directly pertinent to this Contract. If the material is on computer data storage media, the Contractor shall provide copies of the data storage media or a computer printout of such if the County so requests. Any charges for copies of books, documents, papers, records, computer data, storage media or computer printouts provided to the County shall not exceed the actual cost to the Contractor. This provision shall survive the termination, cancellation or expiration of this Contract.

Article 13 – Reporting

The Contractor shall comply with the reporting requirements of the County. All reports shall be in writing and, when applicable, in the format specified by the County. All reports shall be supported by the Contractor’s records. All reports shall be hand delivered to the County, sent by secure e-mail, or sent to the County via registered mail at the address listed in this Contract, if required.

Article 14 – Resolution of Disputes

Section 14.1 Appeal

Approved ________ Enacted 10/2017

The Contractor may appeal decisions of the County in accordance with the terms and conditions of the Contract and Wis. Stats Chapter 68.

Section 14.2 Choice of Law Any dispute under this Contract or related to this Contract shall be decided in accordance with the laws of the State of Wisconsin and venue for any legal action between parties shall be in Walworth County Circuit Court.

Article 15 – Revision or Termination of this Contract

Section 15.1 Cause for Revision or Termination of this Contract Failure to comply with any part of this Contract may be considered cause for revision or termination of this Contract. County may terminate this Contract at any time immediately for good cause. The County may permit the Contractor a reasonable amount of time to cure a breach of the terms of this Contract, if the breach is amenable to a cure. County shall not unreasonably withhold such permission.

Section 15.2 Amendments All changes that are mutually agreed upon by and between the County and the Contractor, including any increase or decrease in the amount of the Contractor’s compensation, shall be in writing and designated as written amendments to this Contract.

Section 15.3 Severability If any part of this Contract shall be held unenforceable, the rest of this Contract will nevertheless remain in full force and effect.

Section 15.4 Termination of this Contract Either party may terminate this Contract by a 90-day written notice to the other party. The parties shall deal with each other in good faith during the 90-day period after notice of intent to terminate has been given.

In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other materials related to the services prepared by the Contractor under this Contract shall, at the option of the County, become the property of the County.

Upon termination, the County’s liability shall be limited to the costs incurred by the Contractor up to the date of termination. If the County terminates the Contract for reasons other than non-performance by the Contractor, the County may compensate the Contractor for its actual allowable costs in an amount determined by mutual agreement of both parties. If the County terminates the Contract for the Contractor’s breach, the Contractor may be liable for any additional costs the County incurs for replacement goods and/or services and the County may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the County from the Contractor is determined.

Article 16 – Special Provisions for High-Risk Contract

During the course of the Contract, the County may determine that this Contract is high risk as a result of evaluating the Contractor’s performance or other factors. Determination of high risk status could result in County unilaterally implementing the following changes:

a. Modifying the payment method to a cost reimbursement basis;

b. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period;

c. Requiring additional, more detailed financial reports;

d. Performing additional project monitoring;

e. Requiring the Contractor to obtain technical or management assistance;

f. Establishing additional prior approvals; or

Approved ________ Enacted 10/2017

g. Other conditions that the County considers appropriate considering the circumstances.

The Contractor may appeal these changes under Article 14 “Resolution of Disputes,” or it may request renegotiation of the Contract or give notice of termination of the Contract under Article 15 “Revision or Termination of this Contract.”

Article 17 – Nondiscrimination/Affirmative Action

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 Wis. Stats. s. 51.01 (5), sexual orientation as defined in Wis. Stats., s.111.32 (13m), 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. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities. Failure to comply with the conditions of this clause may result in the Contractor(s) becoming declared an ineligible Contractor, termination of the Contract, or withholding of payment.

Signatures

This Contract becomes null and void if the time between the County’s authorized representative signature and the Contractor’s authorized representative signature on this Contract exceeds sixty days.

For County Typed Name:

Title:

Walworth County Jessica Conley Finance Director

Signature:

Date:

For Contractor

Typed Name:

Title:

Signature:

Date:

00 61 13 - 1

00 61 13

SECTION 00 61 13

CONTRACT BOND

(PERFORMANCE AND PAYMENT)

Note: This form of bond must be executed after the award of the contract.

Penalty of this bond must be 100% of the Contract Amount.

KNOW ALL MEN BY THESE PRESENTS:

That, as Principal, hereinafter called Principal, And, as Surety, hereinafter called Surety, are held and firmly bound unto Walworth County, 100 W. Walworth St., Elkhorn, WI, 53121, as Obligee, hereinafter called the County, for the use and benefit of claimants, in the amount of:

Dollars, ($ ) for the payment whereof Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a certain written contract with the County, dated

The day of , 20 To construct and complete

(full name or description of project)

Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall fully and faithfully perform all undertakings and obligations under said contract, and shall fully indemnify and hold harmless the County from all costs and damage whatsoever which it may suffer by reason of any failure on the part of the Principal to do so, and shall fully reimburse and repay the County for any and all outlay and expense which it may incur in making good any such default, and shall fully pay for all of the labor, material and work used by the Principal and any immediate or remote sub-contractor, or furnisher of material under him in the performance of said contract, in lawful money of the United States, as the same shall become due, then this obligation or bond shall be null and void, otherwise to remain in full force and effect.

AND for value received, it is hereby stipulated and agreed that no change, extension of time, alteration or addition to the terms of the contract of to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect the obligation under this bond, and notice is hereby waived of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

00 61 13 - 2

00 61 13

IN WITNESS WHEREOF the Principal has hereunto affixed its signature and Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of

, 20 . Executed in counterparts.

WITNESS:

(name of Principal) (name of Surety)

(authorized signature) (signature of Attorney-in-fact)

(name of signatory) (name of Attorney-in-fact)

(title of signatory) (countersignature of resident Agent If not same as Attorney-in-fact)

00 72 15 - 1 00 72 15

SECTION 00 72 15

STANDARD TERMS AND CONDITIONS – WALWORTH COUNTY

DOCUMENTS

By reference, the Standard Terms of Walworth County are made a part of this document.

DOCUMENT AVAILIBILITY

Standard Terms and Conditions are available in a PDF format on the internet, under the Purchasing Division Link of the Walworth County Home Page, or directly at the following web address:

https://www.co.walworth.wi.us/DocumentCenter/View/479/05-2017-Standard-Terms-and-Conditions-PDF

Documents are also available, upon request, through the Walworth County Purchasing Department at (262) 741-7267.

There is no charge for documents.

00 72 15 - 2 00 72 15

#26-054 00 73 16 - 1

SECTION 00 73 16

INSURANCE REQUIREMENTS

1.01 Contractor shall furnish County with Certificate of Insurance indicating proof of the following insurance from companies licensed in the State of Wisconsin:

A. Workers Compensation and Employers' Liability - The Contractor shall procure and maintain during the life of this contract Workers’ Compensation insurance with a minimum limit as required by Wisconsin Statutes. The Contractor shall also carry Employers Liability limits of at least $100,000 Each Accident, $100,000 Disease – Each Employee, and $500,000 Disease – Policy Limit. Contractor shall require all subcontractors not protected under its insurance to take out and maintain such insurance throughout the project term.

B. Commercial General Liability - with a minimum limit of $5,000,000 per occurrence and $10,000,000 aggregate combined single limit for bodily injury and property damage liability. The County reserves the right to require higher or lower limits where warranted.

1) If excavating, underground or collapse is involved, the limits of liability stated above shall be increased to $2,000,000 per occurrence.

2) If Asbestos and/or hazardous materials are involved, the limits of liability stated above shall be changed to $5,000,000 per occurrence.

3) This insurance shall include, but is not limited to, the following coverage:

a) Premises – Operations

b) Products and Completed Operations

c) Personal and Advertising Injury

d) Contractual Liability

e) Underground, Explosion, and Collapse

f) Contractor’s indemnity obligations under this contract

4) This insurance must not include the following:

a) Any exclusion for water intrusion or water damage

b) Any exclusion of coverage relating to earth subsidence or movement

c) Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation)

d) Any limitation or exclusion based on the nature of Contractor’s work

e) Any limitation or exclusion for damages arising from the work performed by a subcontractor

f) Any limitation or exclusion for damages related to roofing, if the work involves roofing

g) Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in to ISO form CG 00 01

C. Automobile Liability – with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate combined single limit for bodily injury and property damage liability. This insurance shall include coverage for all of the following:

1) Owned Automobiles

2) Hired Automobiles

3) Non-Owned Automobiles

1.02 Walworth County, its employees, elected officials, representatives, members of its boards and/or commissions, and engineering consultants shall be named as additional insureds under the Contractor’s Commercial General Liability, Automobile Liability, and Employer’s Liability.

#26-054 00 73 16 - 2

1.03 Unless prohibited by law, Walworth County shall be provided a waiver of subrogation by endorsement to the Commercial General Liability, Automobile Liability, Workers’ Compensation, and Employer’s Liability.

1.04 Contractor’s insurance shall provide a thirty (30) day notice to the County prior to cancellation or material policy change. The notice shall be given to Walworth County Purchasing, Department of Public Works, W4097 County Road NN, Elkhorn, Wisconsin 53121. NOTE: Standard Cancellation Clause on a Certificate of Insurance is not acceptable. Upon receipt of notice from insurer, Owner shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice shall not relieve the Contractor of any contractual obligation to provide required coverage.

1.05 The Contractor’s certificate shall list the Certificate Holder and address as follows: Walworth County, Attn: Walworth County Purchasing, Department of Public Works, W4097 County Road NN, Elkhorn, Wisconsin 53121.

1.06 Contractor shall require all of its contractors and subcontractors performing work related to this contract to carry sufficient minimum insurance to cover liabilities arising from or out of the performance of this contract. Contractor shall require subcontractor to furnish Certificates of Insurance to Walworth County upon request.

01 10 00 - 1 01 10 00

SECTION 01 10 00

GENERAL PROJECT REQUIREMENTS

1. PART 1 GENERAL

1.01 CONTENTS

1.02 Type of Contract / (Description of Work)

1.03 Intent of Bid Documents

1.04 Time of Completion and Liquidated Damages

1.05 Work Hour and Site Access Restrictions

1.06 Prosecution of the Work

1.07 Submittals

1.08 Protection of the Work – General

1.09 Scheduling of Operations – Occupancy During Construction

1.10 Use of Job Site and Premises

1.11 Storage of Materials

1.12 Security

1.13 Parking

1.14 Safety

1.15 Power Availability

1.16 Permits and Licenses

1.17 Notification of Utilities

1.18 Superintendence

1.19 Complaints

1.20 Damage to Other's Work

1.21 Clean-Up

1.22 Warranty (General)

1.02 TYPE OF CONTRACT / (DESCRIPTION OF WORK)

1.03

A. The Project will be constructed under a single prime construction contract (broken into the following divisions of work):

1. 02 41 16 Demolition

2. 08 33 00 Rolling Service Doors

3. 26 01 00 Operation and Maintenance of Electrical Systems

B. Hazardous materials are not expected to be found. If found, stop all work and notify owner.

A. The bid documents are complementary and what is called for by one shall be as binding as if called for by all. The intention of the bid document is to include in the bid price the cost of all labor and materials, fuel, tools, equipment, power, light, transportation, and all other expenses as may be necessary for the proper execution of the work.

B. In any case of discrepancy in the Bid Documents, the matter shall be immediately submitted to the Owner or Owner’s Designated Representative, without whose decision, said discrepancy shall not be adjusted by the Contractor except at his own risk and expense.

INTENT OF BID DOCUMENTS

01 10 00 - 2 01 10 00

1.04 TIME OF COMPLETION

A. All work required, including any field testing, adjustments, site restoration (where applicable), and cleanup, shall be fully completed by the Contractor, to the satisfaction of the County Project Manager, within the time fixed for completion of the Work, or within such extra time as may have been allowed by authorized extensions to the time of completion.

1.05 WORK HOUR AND SITE ACCESS RESTRICTIONS

A. All work under this contract shall take place between 6:00 a.m. to 3:30 p.m., weekdays. No work shall be scheduled on Saturdays, Sundays or legal holidays without written permission of the Owner.

B. Time and access restrictions apply to all Contractors.

C. Night work may be established by the Contractor with prior written permission of the Owner. Such permission, however, may be revoked at any time by the Owner if the Contractor fails to maintain adequate equipment and supervision for the proper execution and control of the work at night.

1.06…