Lasata Heights Apartments Renovation_Project Bid Documents_FINAL_11-11-2021.pdf

PROJECT DOCUMENTS

Ozaukee County

Lasata Heights Apartments Renovation

November 11, 2021

W78 N675 Wauwatosa Road

Cedarburg, Wisconsin 53012

BIDS SOLICITED BY:

OZAUKEE COUNTY

121 WEST MAIN STREET

PORT WASHINGTON, WISCONSIN 53074

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Ozaukee County Lasata Heights Apartments Renovation

CEDARBURG, WISCONSIN

ARCHITECT KUENY ARCHITECTS, LLC

10505 Corporate Drive Suite #100

Pleasant Prairie, Wisconsin 53158

PHONE (262) 857-8101

FAX (262) 857-8103

Jon P. Wallenkamp, Project AIA Manager

Rodrigo Gutierrez

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TABLE OF CONTENTS

Title Page 1 Table of Contents 5

BIDDING AND CONTRACT DOCUMENTS

NOTICE TO BIDDERS 6

INSTRUCTIONS TO PROSPECTIVE BIDDERS 7-11

BID PROPOSAL 12-14

SPECIAL PROVISIONS 15-16

CONTRACT 17-20

PERFORMANCE BOND 21-24

GENERAL CONDITIONS 25-42

Attachments

ARCHITECTURAL SPECIFICATIONS 60 pages

ARCHITECTURAL DRAWINGS 12 pages

FEDERAL PREVAILING WAGE RATE DETERMINATION 9 pages

Attachment 3-C [24 CFR 570.489(h) Conflict of Interest Clause]

Attachment 3-D [Lobbying Certification Form] SIGNATURE REQUIRED – RETURN SIGNED w/SEALED BID

Attachment 3-E (if contractor has lobbying activities to disclose)

[Disclosure of Lobbying Activities Form]

Attachment 6-A [Equal Opportunity Clause (EO 11246)]

Attachment 6-B [Section 3 Contract Requirements]

Attachment 6-C [Affirmative Action Requirements (EO 11246)]

Attachment 6-D [Federal Equal Employment Opportunity Clauses Construction Contract

Specifications (EO 11246)]

Attachment 7-B** [Davis-Bacon and Related Acts (DBRA)]

Attachment 7-G [Federal Labor Standards Provisions (4010)]

Attachment 7-I* [Pre-Construction Meeting Items to be

Discussed]

Attachment 7-J* [Pre-Construction Checklist for Contractors SIGNATURE REQUIRED –

RETURN SIGNED PAGE 1 w/SEALED BID

Attachment 7-R [MBE/WBE/DBA Web Resources]

ADVERTISEMENT FOR BIDS

ADVERTISEMENT FOR BIDS

OZAUKEE COUNTY

LASATA HEIGHTS APARTMENTS RENOVATION

Community Development Block Grant Program

Sealed bids will be received by Ozaukee County until 10:00 AM (local time) on Thursday, December 2nd, 2021 at the Ozaukee County Administration Center, 121 W Main Street, Port Washington, WI, for the Lasata

Heights Apartments Renovation located at W78 N675 Wauwatosa Road, Cedarburg WI 53012. At that time, all bids will be publicly opened and read aloud.

The County seeks a qualified Contractor for the construction project for the Lasata Heights Apartments

Renovation located at W78 N675 Wauwatosa Road, Cedarburg WI. The proposed renovation is for 24 senior-living apartments located on three floors at the Lasata Heights Apartments. Additionally, three floors of common area carpeting is to be replaced.

Prequalification of Bidders will not be required. A pre-submittal conference will be held on November

22nd at 10am at the Lasata Heights Apartments, located at W78 N675 Wauwatosa Road, Cedarburg, WI 53012 (masks are required to enter).

Bidding Documents, including Drawings and Specifications, may be obtained via email by contacting

Jason Wittek, at jwittek@co.ozaukee.wi.us or by calling (262) 284-8324. Copies may also be obtained at the Ozaukee County Administration Center Information Office located at 121 W Main Street, Port

Washington, Wisconsin.

A certified check or bond payable without condition to Ozaukee County in an amount not less than five percent (5%) of the total amount bid shall be submitted with each bid as a guarantee that if the contract is awarded, a proper contract and bond will be executed and filed within ten (10) days after the acceptance of the bid. If the Contractor fails to execute and file such contract and bond, the amount of the check or bond shall be forfeited as liquidated damages.

No bid shall be withdrawn after the bid opening without the consent of Ozaukee County for a period of sixty (60) days after the time of opening. Each Contractor agrees upon submission of a proposal that if the same be accepted within said time period, contractor shall be bound by the terms of acceptance hereinafter contained.

Ozaukee County reserves the right to reject any or all bids, to waive any technicality, and to accept any bid deemed to be in the best interest of Ozaukee County. The successful Contractor will be required to furnish a satisfactory performance bond in the sum of the full amount of the contract.

Any contract or contracts awarded under this Advertisement for Bids may be funded in part by a grant from the Community Development Block Grant Program. This contract shall be subject to Federal Davis

Bacon Wage Rates.

All bids must be prepared on the forms included in the Contract Documents and must be sealed and addressed to Ozaukee County – Lasata Heights Apartments Renovation, and submitted to the Office of the Ozaukee County Department of Administration Information Office, 121 West Main Street, Port Washington, WI 53074. There shall appear on the envelope of each proposal, the name and address of the Contractor and purpose for which the proposal is intended.

Jason Wittek Published November 11th and 18th

Policy & Budget Analyst mailto:jwittek@co.ozaukee.wi.us

LASATA HEIGHTS APARTMENTS RENVOATION

INSTRUCTIONS TO PROSPECTIVE BIDDERS

1. Scope of Work:

A. The work under these Project Documents includes renovation of 24 senior living apartments and removal and installation of new common area carpeting, on three floors of apartments. Please note that there are four different apartment types; A, B, C, and D. Apartment types A & C require the existing main water supply, drain, and air ventilation lines serving the kitchen area, to be relocated per new layout.

Apartment millwork renovations include the replacement and installation of all new kitchen and bathroom cabinets, laminate countertops, and interior doors and trim in all twenty-four apartments. Kitchen plumbing renovations require disconnecting and removing the existing kitchen sink, faucet, and garbage disposal. These will be replaced and new kitchen sink, faucet and garbage disposal will be installed in all twenty-four apartments. All necessary pipe and fittings will be installed to the existing drainpipes during installation. The bathroom plumbing renovations require replacement and installation of new sinks and faucets, and all necessary piping. The existing tub and shower units in the bathroom will be removed and replaced with new shower units. This includes the installation of new shower fixtures and drains, and grab bars, and piping and fitting. All plumbing installation will be provided by a licensed plumber and properly permitted. New vinyl tile is to be installed in the kitchen, entry, closet, pantry, and bathroom. Old carpeting is to be replaced, and new carpeting is to be installed living room and bedroom(s) of each apartment. Each apartment will receive new bedroom and living room ceiling fans and lights. Kitchen bathroom, and dining room obsolete lighting fixtures will be replaced and installed with new efficient light fixtures and under cabinet LED lighting, and new electrical receptacles in the kitchen. All the electrical installation will be provided by a licensed electrical contractor. Select demolition of minor interior walls will be required. See

Specification and Drawings for scope of work.

B. The successful prospective contractor shall furnish all labor, materials, and equipment necessary to complete the Work.

C. Unless otherwise specified herein, the prospective contractor shall supply all things required (including tools, materials, consumable supplies, labor and insurance) to complete the work shown, described, or intended in this contract. It is the prospective contractor’s responsibility to request any clarifications or substitutions.

Any errors or omissions that would impact the project will be borne by the prospective contractor.

D. All general proposal questions and requests to inspect the site should be directed to

Jason Wittek, Policy & Budget Analyst, Ozaukee County at (262) 284-8324.

2. Preparation of Proposal:

Each Proposal shall be firmly sealed in an envelope labeled “Ozaukee County – Lasata

Heights Apartments Renovation and delivered to the office designated in the Advertisement for Proposals.

All proposals are to be made out in accordance with the Instructions and on the Bid

Proposal Forms furnished by the Owner and included in this document.

Only Bid Proposals which are made out upon the regular Bid Forms included in this document will be considered. THE PROPOSAL FORMS MUST NOT BE SEPARATED

FROM THIS DOCUMENT.

3. Bid Security:

No Bid will be considered unless accompanied by a certified check, bank draft, or bonds, as defined in the Advertisement for Bids, payable to the Owner as a guarantee that if the bid is accepted the Contractor will execute and file the proposed Contract and Performance Bond

(and Labor and Materials Bond, if required) within ten (10) days from the date of the award of the contract. On failure of the Contractor to execute the Contract and required Bonds, he will forfeit the deposit as agreed liquidated damages, and the acceptance of the Bid will be contingent upon the Contractor agreeing to this provision.

The bid security of the Contractors will be held until a Contract is executed and approved and then the balance of the proposal securities submitted will be returned within ten (10) days after the opening of proposals.

4. Examination of Site and Specifications:

(a) Contractors shall inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the obstacles which may be encountered, whether shown on the plans or not, and all other relevant matters concerning the work to be performed.

The Contractor to whom a Contract is awarded will not be allowed any extra compensation by reason of any such matters or things concerning which the

Contractor did not inform themselves prior to submitting a proposal. The successful

Contractor must employ, as far as possible, such methods and means in the carrying out of their work as will not cause any interruption or interference with the operation of the facility or with any other Contractors.

(b) The Contractor is expected to base bid pricing on materials and equipment complying fully with the Contract Drawings and Specifications, and in the event the contractor names or includes in their bid materials or equipment which do not conform, they will, if awarded a contract, be responsible for furnishing materials and equipment which fully conform at no change in the Contractor’s contact price.

(c) Contractor must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the Bid, and shall not, after submission of their Bid, dispute or complain of such estimate, nor assert that there was any misunderstanding in regard to the nature or amount of work to be done.

(d) Before submitting a Bid, each Contractor should read the complete Contract

Documents, including Advertisement for Bids, Instructions to Bidders, the Form of Contract, and the Specifications, all of which contain provisions applicable not only to the successful Contractor, but also to any of the Contractor’s subcontractors.

5. Interpretation of Proposed Contract Documents:

If any person contemplating submitting a bid for any contract on this project is in doubt as to the true meaning of any part of the Contract Drawings, Specifications, or other sections of the

Contract Document, they may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation of the Contract Document or Contract Drawings will be made only by addendum duly issued or delivered to each person receiving a set of such documents. The

Owner will not be responsible for any other explanations or interpretations of the Contract

Documents or Contract Drawings.

6. Bid Requirements:

(a) Each Contractor shall submit only one Bid.

(b) Each Contractor must submit with their Bid, special data, if any, in respect to items of equipment, alternates, or other items which any section of the Contract Document requires to be submitted with each Bid.

7. Conditions in Contractor’s Bid:

A Contractor shall not stipulate in the Bid any conditions not contained in the Form of Bid contained in the Contract Documents.

8. “Or Equal” Clause:

Whenever in any section of the Contract Documents any article, material, or equipment is defined by describing a proprietary product by using the name of a manufacturer or vender, the term “or equal,” if not inserted shall be implied. The specific article, material, or equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer’s products of comparable quality, design and efficiency, as approved by the Owner.

If any Contractor proposes to furnish an item or material which he claims to be of equal value, utility, or merit to a named product or material in the specification, the Contractor, supplier, or manufacturer shall submit a written statement to Ozaukee County 5 days prior to the proposal opening. The statement shall name and describe the item or material claimed to be equal and shall include supporting data along with a request for approval.

9. Standard Manufacturer:

Whenever the terms “standard,” “recognized,” or “reputable” manufacturer are used, they shall be construed as meaning manufacturers who have been engaged in the business of fabricating materials, equipment or suppliers of the nature called for by the Specifications for a reasonable period of time prior to the date set for opening of proposals, and who can demonstrate to the satisfaction of the Owner that said manufacturer has successfully installed equipment, materials or supplies of the type proposed to be furnished in at least three instances and that the performance of such materials, equipment or supplies has been satisfactory.

Manufacturers who have been engaged in the business of manufacturing said materials, equipment or supplies for a period of over twelve months prior to the date fixed for opening bids shall, unless a longer period of time is specifically stated in the Specifications, prima facie be deemed to have been engaged in such business for a reasonable length of time.

10. Withdrawal of Bid:

Any Contractor may withdraw their bid at any time prior to the scheduled closing time for the receipt of proposals, but no proposal may be withdrawn after the scheduled closing time for the receipt of proposals within the period of time stated in the Advertisement for Bids.

11. Signing of Bid:

(a) Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the proposal in the name of the person to whom it is signed.

(b) Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the proposal a power of attorney, evidencing authority to sign the proposal.

(c) Proposals which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting, and the signature of the president or other authorized officer of the corporation should be manually written below the written or typewritten corporate name following the word

“BY________________________________________.”

(d) For any legal entity, the authority of the person signing for such legal entity shall be attached to the Proposal.

12. Definition of Award:

The contract shall be deemed to have been awarded when formal notice of award has been duly served upon an intended awardee (i.e., the Contractor to whom the Owner contemplated awarding a contract) by some officer or agent whom the Owner duly authorized to give such notice.

13. Execution of Contracts and Bonds:

Each contract must be executed in four (4) original counterparts and no more, and there shall be executed original counterparts of the Contractor’s Performance Bond (and Labor and

Materials Bond, if required) in equal number to the executed original counterpart of the

Contract. Three copies of such executed documents will be retained by the Owner, the other one will be delivered to the Contractor. The successful Contractor must provide compensation insurance and public liability as outlined in the General Conditions of the

Contract. The costs of executing the bonds and contract insurance, including all notary fees and expenses are to be paid by the Contractor to whom the contract is awarded.

14. Commencement and Completion of Work:

Upon award of a Contract, the Owner shall determine the date on which the Contractor shall commence work. This date will not be prior to the time stated in the Proposal Form.

Attention to all prospective Contractors is also directed to the number of calendar days stated in the Bid Form for completion of the work to the point of final acceptance by the Owner.

15. Make-up of Contract Document:

The attention of Contractors is directed to the make-up of this Contract Document. The specifications governing work to be performed on this project and included in this document are composed of Project Specifications, Special Provisions, Contract Drawings and Bid

Forms.

16. Payment:

Contractors will be paid at intervals stated in the Contract.

17. Wage Rate Affidavit:

Federal Davis-Bacon Prevailing Wage Rate/determination is required under this scope-of-work’s anticipated construction costs. (Prevailing wage rate determination are included in these project documents.)

18. Award of Contract:

It is the intent of the OWNER to award the Contract to a responsible prospective contractor or prospective contractors provided the bid has been submitted in accordance with the requirements of the Contract Documents and does not exceed the funds available.

The right is reserved by the OWNER to reject any or all proposals; to accept an alternate proposal; to waive technicalities; to re-advertise for proposals; and to accept the proposal which in its judgment, is deemed most advantageous for the OWNER.

BID PROPOSAL

TO: Ozaukee County – Lasata Heights Apartments Renovation

C/o Ozaukee County Department of Administration

121 West Main Street

Port Washington, WI 53074-0994

The undersigned having become familiar with the local conditions effecting the cost of the work and with the Contract Documents including the form of Proposal, Form of Contract, Plans, Drawings, Special Provisions, Specifications, and Addenda and Exhibits issued and attached to the Official Contract Document on file in the office of the Ozaukee County

Department of Administration, hereby proposes to perform everything required to be performed and to provide and furnish all of the labor, materials, necessary tools, equipment, expendable and otherwise and all utility and transportation services necessary to perform and complete in a workmanlike manner all of the work required for and the work described in the following Bid Schedule, in accordance with the following listed Contract Drawings and specifications as prepared by Ozaukee County including

Addenda Nos. ___,___,___, and ___, issued thereto for the sums set forth in the following

Proposal Schedule.

I. BASE BID #1 LUMP SUM

State the amount to provide all labor and material to renovate the twenty-four Lasata

Heights Apartments and the related work of other trades described herein.

BASE BID #1 LUMP SUM $_________________

II. ALTERNATE BID #2 LUMP SUM

State the amount to provide all labor and material to remove and replace the common area hall carpeting on all three floors of Lasata Heights Apartments and the related work of other trades described herein.

ALTERNATE BID #2 LUMP SUM $_________________

III. TOTAL LUMP SUM BID PRICE

TOTAL LUMP SUM BID - #1 & #2 $_________________

IV. BID CONDITIONS:

(1) TOTAL BID PRICE:

It is expressly understood and agreed that the basis for award will be the Lump Sum

Bid Price for Base Bid #1 or the Total Lump Sum Bid Price for Base Bid #1 and

Alternate Bid #2 together.

The Undersigned has carefully checked the above Bid Price Schedule against the provisions of the Project Document, Contract Drawings, and Specifications before preparing this Bid and accepts as correctly listing the complete work to be done in accordance with Project Document, Plans, and Specifications.

(2) BID SECURITY (FOR BASE BID #1 and ALTERNATE BID #2 TOTAL

LUMP SUM BID PRICE)

Accompanying this Bid is a (Certified Check) (Bank Draft) (Bid Bond) in the amount of $___________________________________DOLLARS ($_______________) payable to (which protects) the Owner, and which it is agreed, will be retained by the

Owner as liquidated damages if the undersigned fails to execute the Contract in conformance with the form of Contract incorporated in the Contract Documents, and furnish a Performance Bond as specified within ten (10) days from the notification of the award of the Contract to the undersigned.

In submitting this Bid, it is understood and agreed by the undersigned, that the right is reserved by the Owner to reject any or all Bids. It is further understood and agreed that this Proposal may not be withdrawn for a period of sixty (60) days from the opening thereof.

(3) STARTING AND COMPLETION

If awarded a contract under this proposal, the undersigned agrees to commence work on the project within ten (10) days after receipt of formal notice to proceed from

Ozaukee County. Ozaukee County anticipates awarding this contract on December

14th, 2021, and anticipates issuing the formal notice to proceed after December 21st, 2021. All work shall be substantially completed by September 30, 2022 with final completion by December 31, 2022.

(4) SUBCONTRACTOR LISTING

The undersigned proposes to employ the following listed subcontractors for the following enumerated classes of work and not to alter or add to such a list without the written consent of the Owner.

Class of Work Subcontractor/Supplier Name Percent (%) Value of

Total Proposal Price

1.

2.

3.

4.

5.

I hereby certify that all statements are made on behalf of ________________________________

Name of Co. Submitting Bid

__________________, State of _____________________, that I have examined and carefully prepared this proposal from the specifications and have checked same in detail before submission;

that I have full authority to make such statements and proposal in (its, their, my) behalf, and that said statements are true and correct.

Signed By: ____________________________________ Date:_____________________

Title: ________________________________________

Company: _____________________________________

SPECIAL PROVISIONS

1. INSURANCE AND LIABILITY

The Contractor and the Surety will be held responsible for and shall save the Owner (Ozaukee

County,) harmless from all liability for damages occasioned by the digging up, use or occupancy of the street, alley, highway, public grounds and private grounds or which may result therefrom, or which may result in any way from the negligence or carelessness of the Contractor, his agents, employees or workmen; or by reason of the elements, unforeseen or unusual difficulties, obstructions, or obstacles encountered in the prosecution of the work; and they shall indemnify the

Owner for and save it harmless from all claims and liabilities, actions and causes of action, and liens for materials furnished or labor performed in the construction or execution of the work, and from all costs, charges and expenses incurred in defending such suits or actions, and from and against all claims and liabilities for injury or damage to persons or property emanating from defective or careless work methods, or from and against all claims or liabilities for royalties, license fees, actions, suits, charges and expenses or damage from infringement for reason of the use of any invention or improvement in tools, equipment or plant or any process, device or combination of devices used in the construction of the work.

The Contractor shall not commence work under a Contract until obtaining all insurance required under this paragraph and has filed certificates thereof with the Owner, nor shall the Contractor allow a Subcontractor to commence work until all similar insurance required has been so obtained and filed.

A. Workmen’s Compensation

Statutory coverages as required by chapter 102 of the Revised Statutes of the State of

Wisconsin for the year 1967 and all acts amendatory thereof and supplementary thereto, for all employees of the contractor. All subcontractors shall furnish to the Contractor and to Ozaukee County, evidence of similar insurance for all of their respective employees unless such employees are covered by the protection afforded by the contractor.

B. Comprehensive General Liability and Property Damage Insurance

Coverage to include operations; contractor’s protective insurance, products coverage and completed operations; contractual coverage; underground coverage; blasting, explosion and collapse; all subject to the following limits:

Bodily Injury $1,000,000 Per Person

$2,000,000 Aggregate

Property Damage $500,000 Per Occurrence

$500,000 Aggregate

C. Comprehensive Automobile Liability and Property Damage

Operation of owned, hired and non-owned motor vehicles:

Bodily Injury $1,000,000 Per Person

$1,000,000 Per Occurrence

Property Damage $1,000,000 Per Occurrence

2. PERMITS

All Federal, State, and Local permits which may be required for the Ozaukee County Lasata

Heights Apartments Renovation work shall be obtained, filed, and paid for by the Contractor.

3. PAYMENT AND PERFORMANCE BOND – WAIVERS OF LIEN

The Contractor shall be required to furnish a Payment and Performance Bond, including labor and materials, in the amount of the total amount of the Contract. Said Bond shall name the Owner and be delivered to the Owner at the time of execution of the Contract. The

Contractor shall be required to file waivers of lien from all suppliers, subcontractors, etc., with the Owner prior to receiving payment on the project.

4. SITE RESTORATION

Unless otherwise noted, site restoration shall include restoration of all disturbed site improvements, including but not limited to, protective barriers, asphalt pavement, concrete curb and gutter, concrete pavement, landscaping materials and building facilities, unless noted otherwise on the plans.

5. SITE SAFETY

The Contractor shall exercise extreme safety precautions while working under this contract.

The Contractor and any sub-contractor will be required to wear face masks while working inside the Lasata Heights Apartments at all times.

CONTRACT

CONTRACT

THIS CONTRACT made on the ______ day of ________, 2021 by and between.

Hereinafter called the ‘CONTRACTOR’ and Ozaukee County, Wisconsin, hereinafter called the

“OWNER”

WITNESSES that the Contractor, and the Owner of the consideration stated herein agree as follows:

ARTICLE I. SCOPE OF WORK

BASE BID #1 Lump Sum – Lasata Heights Apartments Renovation

The Contractor shall perform everything required and shall provide and furnish all labor, materials, necessary tools, equipment, expendable and otherwise, and all utility and transportation services required to complete in workmanlike manner all of the work for the Ozaukee County Lasata Heights

Apartments Renovation, all in strict accordance with the Project Documents, Contract Drawings and

Specifications including any and all addenda prepared by Ozaukee County which contract Drawings and Specifications are made a part of the Contract, and in strict compliance with the Contractor’s

Proposal and the other sections of the project documents.

ALTERNATE BID #2 Lump Sum – Lasata Heights Common Area Carpeting

The Contractor shall perform everything required and shall provide and furnish all labor, materials, necessary tools, equipment, expendable and otherwise, and all utility and transportation services required to complete in workmanlike manner all of the work for the Ozaukee County Lasata Heights

Apartments Renovation, all in strict accordance with the Project Documents, Contract Drawings and

Specifications including any and all addenda prepared by Ozaukee County which contract Drawings and Specifications are made a part of the Contract, and in strict compliance with the Contractor’s

Proposal and the other sections of the project documents.

ARTICLE II. THE CONTRACT PRICE

The Owner shall pay to the Contractor for the performance of this Contract, subject to any additions or deductions provided herein, in current funds, the contract price as follows:

One Lump Sum price for all labor and material for the Ozaukee County Lasata Heights Apartments

Renovation and, including the related work of other trades such as General Construction, and Electrical as specified in the Construction Documents, for a single Lump Sum for Base Bid #1 and Alternative

Bid #2.

The foregoing Total shall be the basis for establishing the amount of Payment and Performance

Bond. It is understood and agreed that payment shall be made only on the actual quantities of work completed in place, measured on the basis defined in the Contract Conditions and the Contract

Specifications, and at the contract price stated above.

ARTICLE III. SPECIAL CONTRACT REQUIREMENTS

1. Component Parts of the Contract

Each Contract consists of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, or, if not attached, as if attached hereto:

1. This Instrument

2. Addenda Nos. _ , ___, ___, and ___.

3. Special Provisions of the contract

4. General Conditions

5. Project Specifications

6. Contract Drawings

7. Instructions to Prospective Contractors

8. Advertisement for Proposals

9. Contractor’s Bid Proposal

In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated.

This Contract is intended to conform in all respects to applicable statues of the State of Wisconsin, and if any part or provision of this Contract conflicts therewith, the said statute shall govern.

2. Starting and Completion

If awarded this contract, the undersigned agrees to commence work on the project within ten

(10) days after receipt of formal notice to proceed from Ozaukee County.

Ozaukee County anticipates awarding this contract on or about December 14th, 2021 and anticipates issuing the formal notice to proceed on or about December 21st, 2021.

3. Liquidated Damages for Delay

The Contractor guarantees that he can and will complete the work within the time limit stated in the Contract Documents, or within the time as authorized and extended by the Owner.

Inasmuch as the damage and loss to Ozaukee County which will result from the failure of

Contractor to complete the work within the stipulated time, will be most difficult or impossible of accurate assessment, the damages to Ozaukee County for such delay and failure on the part of the Contractor shall be liquidated in the sum of Five Hundred Dollars

($500.00) for each calendar day, Sundays and Holidays included, by which the Contractor shall fail to complete the work or any part thereof in accordance with the provisions hereof, and such liquidated damages shall not be considered as a penalty. If the Owner can, with certainty, establish actual damage and loss to the Owner caused by the Contractor’s failure to complete the project on time, and that amount is higher than the liquidated damages provided for herein, then at its option Owner may charge against the contract monies due said actual damages rather than liquidated damages.

IN WITNESS THEREOF, the parties hereto have caused this instrument to be executed in three original counterparts, the day and year first written above.

CONTRACTOR:

Company Name:

Seal:

Authorized Agent Title Date

Attest Date

Seal:

Jason Dzwinel, County Administrator Date

Julianne Winkelhorst, County Clerk Date

PERFORMANCE BOND

INSTRUCTIONS FOR EXECUTION OF PAYMENT BOND AND EXECUTION OF

PERFORMANCE BOND

The penal amount of the Payment and Performance Bond for a unit price Contract shall be the summation of the correct and checked extension of the unit prices with the estimated number of units.

The form of bonds attached hereto shall be used for each Contract. This form contemplates one corporate surety only. In case co-sureties will be furnished, proper forms therefrom shall be obtained.

If the principal is an individual, his full legal name, and residence shall be inserted in the body thereof, and he shall sign the bond with his usual signature on the line opposite the scroll seal.

If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it.

If the principal is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond. Said instrument shall be executed and attested under the corporate seal as indicated in the form. If the corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. This also applies to execution by the surety.

If persons other than the President and Secretary are executing the Contract, then a copy of the

Corporate Resolution adopted by the Board of Directors authorizing the parties to bind the corporation to this Contract must be attached to this Contract.

The date of the bond must not be prior to the date of the Contract for which it is given.

A Power of Attorney authorizing the execution of the bond by an attorney-in-fact, or Agent, shall be attached to the executed counterpart of the bond. If the bond is executed by an out-of-state agent, the executed counterpart of the bond shall be countersigned by a licensed resident agent.

PAYMENT AND PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that________________________________ as

Principal, and ________________________________________________________________ as

Surety, are held and firmly bound unto____________________________________________

______________________________________________________________________________ in the full and just sum of __________________________________________________ Dollars

($______________________________) lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS: The Principal has entered into a certain written Contract, dated the _____ day of ____________________, 20____, with the _____________________________________ for___________________________________________________________________________ complete, as described in the foregoing Contract and Article of Agreement.

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said Principal shall in all respects well and truly keep and perform the said contract, and shall pay all sums of money due or become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of constructing the work provided in said Contract, and shall defend, indemnify and save harmless said ______________________________________________ against any and all liens, encumbrances, damages, claims demands expenses, costs and charges of every kind except as otherwise provided in said specifications and other contract documents, arising out of or in relations to the performance of said work and the provisions of said Contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period of one (1) year from the date of final acceptance, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extenuation of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______ day of

___________________________________, 20_______

___________________________________(SEAL)

WITNESS: ___________________________________(SEAL)

___________________________________(SEAL)

(IF INDIVIDUAL OR FIRM)

ATTEST:

(IF CORPORATION)

ATTEST:

SURETY

APPROVED_______________, 20_____ ______________________________________

SURETY

TITLE

GENERAL CONDITIONS

GENERAL CONDITIONS TO THE CONTRACT

DEFINITIONS

The following terms used in these Contract Documents are respectively defined as follows:

(a) “Project”

The entire improvement proposed by the Owner to be constructed in whole or in part pursuant to the within Contract or Contracts.

(b) “Owner”

The contracting party initiating the project as set forth in the Contract acting through its authorized representative in accordance with specific duties delegated to such representative.

(c) “Contractor”

The person, persons, firm or corporation to whom the within Contract is awarded by the Owner, and who is subject to the terms of said Contract. Also the agents, employees, workmen, or assignees of the Contractor.

(d) “Subcontractor”

A person, firm or corporation, other than the Contractor, supplying labor and materials or labor only, on work at the site of the project.

(e) “Work”

All materials, labor, supervision, use of tools, and equipment necessary to complete the project in full compliance with the terms of the Contract.

(f) “Consultant”

The term "Consultant" (Architect) shall refer to Kueny Architects LLC.

10505 Corporate Drive Suite 100 Pleasant Prairie, WI 53158 (262) 857-8101

(g) “Bidder”

The term "Bidder" shall refer to a firm who submits a response to this specification.

(h) “NIC”

The term "NIC" shall refer to material and work which is Not In Contract and for which the Contractor is not responsible except as otherwise detailed herein.

(i) “OFE”

The term "OFE" shall refer to Owner Furnished Equipment, which will be provided by the Owner to the Contractor. The Contractor shall be responsible for installing and integrating this equipment as detailed herein.

(j) “EXE”

The term "EXE" shall refer to Existing Equipment or wiring that is to be utilized in the new system. The Contractor shall be responsible for relocating, reinstalling, or otherwise integrating this equipment as detailed herein.

(k) “Surety”

The person, firm or corporation that has executed as Surety the Contractor’s

Performance Bond, securing the performance of the within Contract. Also the person, firm or corporation that has executed as Surety the Contractor’s payment bond which guarantees payment to all persons supplying labor and material utilized in the prosecution of the work included in the Contract.

(l) “Notice”

Where in any section of the Contract Document there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the

Owner) when written notice shall be delivered to the Owner, or shall have been placed in the United States mails, addressed to the Highway Commissioner or County

Clerk of the Owner, at the place where the bids or proposals for the Contract were opened; (as to the Contractor) when a written notice shall be delivered to the Chief

Representative of the Contractor at the site of the project to be constructed under the

Contract, or when such written notice shall have been placed in the United States mails, addressed to the Contractor at the place stated in the Proposal as the address of his permanent place of business; (as to the Surety) on the Performance Bond when a written notice is placed in the United States mails, addressed to the Surety at the home office of such Surety, and when two (2) copies of such notice shall have been filed with the Owner

INTENT OF CONTRACT DOCUMENTS

The Sections of the Contract Document and the Contract Drawings are complementary and what is called for by any one shall be binding as if called for by all. The intention of the

Contract Document is to include in the contract price the cost of all labor and materials, water, fuel, tools, plants, equipment, light, transportation, and all other expenses as may be necessary for the proper execution and completion of the work included in the Contract.

In interpreting the Contract Documents, words describing materials which have a well-known technical or trade meaning unless otherwise specifically defined in the Contract Documents, shall be construed in accordance with such well known meanings recognized by Consultants, Engineers, and the trade.

Any work shown on the Contract Drawings and not covered in the Contract Specifications, or included in the Contract Specifications and not shown on the Contract Drawings, shall be executed by the Contractor as though both shown on the Contract Drawings and included in the Contract Specifications. If the Contract Drawings and the Specifications should be contradictory in any part, the Contract Specifications shall govern.

CONTRACT DRAWINGS AND SPECIFICATIONS

All work shall be executed in strict conformity with the Contract Drawings and

Specifications, and the Contractor shall do no work without proper drawings and instructions.

Unless otherwise provided in the Contract Specifications, the Owner will furnish the

Contractor, free of charge, all copies of Drawings and specifications reasonably necessary to carry out the work.

Figured dimensions of the Contract Drawings shall be taken as correct, but shall be checked by the Contractor before starting construction. Any errors, omissions or discrepancies shall be brought to the attention of the Owner and whose decision thereon shall be final. All notes on the Contract Drawings shall be followed. Correction of errors or omissions on the

Contract Drawings or the Contract Specifications may be made by the Owner when such correction can reasonably be considered necessary for the proper execution and completion of the work.

EXISTING UTILITIES AND PIPING

It shall be the responsibility of the Contractor to make all necessary arrangements with the utility companies to locate their facilities including service laterals in the field during construction operations and to relocate any portions of their facilities as required to permit the installation of work included in these Contracts.

SHOP DRAWINGS

The Contractor, as soon as possible, after the approval of the source and purchase of items of materials and equipment, shall submit to the Owner, shop or setting drawings and schedules for every item of equipment or material to be incorporated in the work which is fabricated or manufactured off the site, including but not limited to those pertaining to structural and reinforcing steel, electrical, plumbing, carpentry, heating and ventilation. The Contractor shall make any corrections in the drawings required by the Owner or the Consultant and re-submit same without delay, together with drawings first submitted. Six (6) final copies of all corrected and approved shop or setting drawings shall be submitted to the Owner or

Consultant who, after checking, will retain three (3) copies and return three (3) copies to the

Contractor.

The Owner or Consultant’s approval of shop drawings of equipment and materials shall extend only to determining the conformity of such equipment and materials with the general features of the Contract Drawings and Contract Specifications prepared by the Consultant. It shall be the responsibility of the Contractor to determine the correctness of all dimensions and minor details of such equipment and materials so they will fit into the completed work, and so that when incorporated in the work, correct operation will result.

SCHEDULE OF EQUIPMENT ITEMS

As soon as possible after the execution of the contract on all contracts incorporating manufactured items, the contractor shall submit to the Owner for approval, the name of the manufacturer of each item proposed to be purchased, together with a complete description of the item and catalog cuts. No final purchase of major equipment shall be made until the written approval of the Owner is obtained, and no deviation from the selected manufacturers as stated in the Contract will be accepted.

INSPECTION

The Owner and their representative shall at all times have access to the work wherever and whenever it is located in performance or progress, and the Contractor shall provide proper facilities for such access and inspection.

The Owner or Consultant shall have the right to reject materials and workmanship which are defective, or to require their correction. Rejected workmanship shall be satisfactorily corrected, and rejected materials shall be removed from the premises without charge to the

Owner. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time fixed by written notice, the Owner may remove them and charge the expense to the Contractor.

Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work, or at any other time, to make an examination of work already completed by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials. If such work is found to be defective in any material respect due to fault of the Contractor or their subcontractors, the Contractor shall bear all the expense of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and materials necessarily involved in the examination and replacement, plus 15% will be allowed the Contractor.

All materials to be incorporated in the work, all labor performed, all tools, appliances and methods used shall be subject to the inspection and approval or rejection of the Owner.

If any authorized agent of the Owner shall point out to the Contractor, Contractor foreman or agent, any neglect or disregard of the contract provisions, such neglect or disregard shall be remedied and further defective work be at once discontinued, but the right of final acceptance or rejection of the work will not be waived by reason thereof, not by any other act of the

Owner or its agents.

The Contractor shall, at times, be executing the work in the presence of the Owner or

Consultant or Inspector during the working hours of the day. The presence of the Owner or

Consultant or Inspector shall in no way relieve the contractor of the responsibility of his contract, or be any warrant for furnishing of bad material or poor workmanship.

The inspection of the work by the Owner or Consultant is intended to aid the Contractor in applying labor, materials and workmanship in compliance with the contract provisions. Such inspection, however, shall not operate to release the Contractor from any of his contract obligations.

SUPERINTENDENCE

The Contractor will give personal superintendence to the work, or have at the site of the work, at all times, a competent foreman, superintendent, or other representative, satisfactory to the Owner and having the authority to act for the Contractor.

Insofar as is practicable, and excepting in the event of discharge by the Contractor, or in the event of proven incompetence, the individual who has been accepted by the Owner to represent the contractor shall so act, and shall follow without delay instructions of the

Engineer in the prosecution of the work in conformity with the contract.

LABOR

The Contractor shall employ none but competent and skilled workmen and foremen in the prosecution of work on this Contract. The Owner shall have the authority to order the removal from the work any Contractor’s employee who refuses to or neglects to obey any of its instructions or those of the Consultant or Inspectors, relating to the carrying out of the provisions and intent of the provisions of the Contract, or who is incompetent, unfaithful, abusive, threatening or disorderly in conduct, and any such person shall not again be employed on this project.

PROTECTION OF WORK

The Contractor shall continuously maintain adequate protection of all work from damage, and shall protect the Owner’s and adjacent property from injury arising in connection with this Contract.

The Contractor shall be responsible for any and all damage to property, public or private, that may be caused by said Contractor’s operations in the performance of the Contract, and the contractor shall defend any suite that may be brought against them and/or the Owner on

Account of damage inflicted by the Contractor’s operations, and shall pay any judgments awarded to cover such damage.

COST OF SERVICES

The Contractor shall be required to pay the established water rates obtained from the Owner.

Large quantities of water for masonry cleaning, repointing, or other operations shall be drawn only at night, or at times specifically authorized by the Owner.

USE OF JOB SITE

The Contractor shall confine equipment, apparatus, the storage of materials and operations of workman to limits indicated by the law, ordinances, permit or directions of the Owner and shall not encumber the premises with Contractor materials.

The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The contractor shall observe and enforce the Owner’s instructions regarding signs, advertisements, fires and smoke.

USE OF PRIVATE LAND

The Contractor shall not use any vacant lot or private land as a plant site, depository for materials, as a spill site, or for any other purpose without the written authorization of the

Owner of the land (or his agent). A copy of written authorization shall be filed…