Project Manual Petrifying Springs Park Cart Path_SW.PDF

KENOSHA COUNTY

DEPARTMENT OF PUBLIC WORKS

GOLF CART PATH IMPROVEMENT

PROJECT – SITE WORK

PETRIFYING SPRINGS GOLF COURSE

4909 7TH STREET

KENOSHA, WI 53144

KENOSHA COUNTY, WISCONSIN

JULY 2019

PA-10

PUBLIC WORKS PRE-QUALIFICATION AND

PROOF OF RESPONSIBILITY

The following information will be used solely for the purpose of selecting bids unless otherwise authorized by you. It shall be kept strictly confidential. This requirement may be waived if you have successfully completed a public works project on bid for Kenosha County within the previous five years.

A. Equipment: List major items owned by your company:

B. Experience: List work completed in recent past in same type of work bid upon. Include name and address of person or company for whom work was done and date completed:

DATE FOR

NAME COMPLETED WHOM

C. Financial Ability:

1. What is the amount of the company's total assets?

2. What is the amount of the company's liabilities?

3. With which financial institutions may be the County inquired as to the credit rating of the company?

4. Has the company declared bankruptcy?

If so, when?

5. Are there any judgements outstanding or pending against the company?

If so, please describe:

By:

Bidder's signature or authorized representative

Signed and sworn to before me this day of , 20

Notary Public

My Commission Expires:

Company Name & Address:

Phone:

Fax:

Please mail or fax this PA-10 form by the date specified in the advertisement for bids to:

Mail: Kenosha County DPW 19600 75th Street, Suite 122-1 Bristol, WI 53104

Fax: 262-857-1885 Email: Clement.Abongwa@kenoshacounty.org

G:\_Highways\Forms\Kenosha County Prequalification Form.docx mailto:Clement.Abongwa@kenoshacounty.org

QUESTIONS ABOUT THIS PROJECT?

PLEASE CONTACT:

DOUGLAS COEUR, E.I.T.

PROJECT MANAGER

AT

PHONE: 262-653-1870

FAX: 262-857-1885

E-MAIL:

douglas.coeur@kenoshacounty.org mailto:douglas.coeur@kenoshacounty.org

KENOSHA COUNTY DPW

GOLF CART PATH IMPROVEMENT PROJECT – SITE WORK

KENOSHA, WI

WISCONSIN

CONTRACT DOCUMENT TABLE OF CONTENTS

No. of Pages

1. Advertisement for Bids

2. Instructions to Bidders

3. Proposal

4. Special Provisions

5. Contract

6. Payment and Performance Bond

7. General Conditions

8. General Specifications

9. Appendix A

10. Plans - See Proposal for Description

G:\_Highways\Projects\Golf\_GF19-001_Petrifying springs golf course Golf Cart Improvement Project\Project Manual\Project Manual Petrifying Springs Golf Course Cart Path

ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed bids for the Petrifying Springs Golf Cart Path Improvement Project

– Site Work in Kenosha County will be received until 3:15 p.m. on the 1st day of August 2019, at the Office of the Kenosha County Highway Commissioner, in the Kenosha County Center, 19600 75th Street, Suite 122-1, Bristol, Wisconsin 53104.

All bids will be publicly opened and the total base bid will be read aloud in the Public Works Conference Room at the Department of Public Works Office at 3:15 p.m., according to the clock on the Conference Room wall, on Thursday, August 1, 2019.

The Contract Documents, including plans and specifications, are on file and available for inspection at the Office of the Highway Commissioner, 19600 75th Street, Suite 122-1, Bristol, Wisconsin 53104.

All bidders must file a "Bidders Proof of Responsibility Form" with the Kenosha County Highway Commissioner on or before 3:00 p.m. on July 24, 2019 (Form PA-10).

Copies of documents including plans and specification supplements required for review or bidding purposes may be obtained ONLY from Kenosha County. Visit esupplier.wi.gov, and register if needed, to view and download bid information and documents from the State of Wisconsin VendorNet system after July 12, 2019. Once logged into the website, the project documents can be accessed through various means, including searching by project name, project number, etc. Contact Kenosha County at 262-653-1870 or douglas.coeur@kenoshacounty.org for assistance in downloading and working with the digital documents.

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

No bid shall be withdrawn after the opening of bids without the consent of the Kenosha County Department of Public Works for a period of sixty (60) days after the time of opening bids. Each bidder agrees upon submission of bid that if the same be accepted within said time period, he shall be bound by the terms of acceptance hereinafter contained.

The Kenosha County Department of Public Works reserves the right to reject any or all bids received, or to accept any bid which may be most advantageous to, and in the best interest of Kenosha County. Each successful bidder will be required to furnish a satisfactory performance bond in the sum of the full amount of the contract.

Approximate quantities of work to be expected are as follows:

1 EACH Removing Small Pipe Culverts 2,325 SY Removing Asphalt Surface 75 LF Removing Curb 1,425 CY Excavation Common 375 CY Borrow 1,325 TON Base Aggregate Dense 1 ¼-Inch 25 LFT Culvert Pipe Corrugated Steel 12-Inch 2 EACH Apron Endwalls for Culvert Pipe Steel 12-Inch 50 LF Concrete Curb Type D 1 EACH Mobilization

Together with appurtenant construction in all contracts.

All bids must be prepared on the proposal form included in the bid document and must be sealed and addressed to the Kenosha County Department of Public Works, and filed in the Office of the Highway Commissioner, 19600 75th Street, Suite 122-1, Bristol, WI 53104. There shall appear on the envelope of each bid, the name and address of the bidder and purpose for which the bid is intended.

Clement Abongwa Highway Commissioner

Published: July 12, 2019

July 19, 2019

INSTRUCTIONS TO BIDDERS

PETRIFYING SPRINGS GOLF COURSE

1. Description of Improvements

Proposals are solicited by Kenosha County, hereinafter known as the Owner, for the Petrifying Springs Golf Course Golf Cart Path Improvement Project – Site Work at the above-described location. Prospective bidders should visit the sites of the proposed work which will be performed to familiarize themselves with the conditions prevailing at the locations where work will be performed.

The work will include the furnishing of all labor, materials, equipment, tools, supplies, services, etc., required for the complete Golf Cart Path Improvement Project.

Approximate quantities of work to be expected are as follows:

1 EACH Removing Small Pipe Culverts 2,325 SY Removing Asphalt Surface 75 LF Removing Curb 1,425 CY Excavation Common 375 CY Borrow 1,325 TON Base Aggregate Dense 1 ¼-Inch 25 LFT Culvert Pipe Corrugated Steel 12-Inch 2 EACH Apron Endwalls for Culvert Pipe Steel 12-Inch 50 LF Concrete Curb Type D 1 EACH Mobilization

Together with appurtenant construction in all contracts.

2. Preparation of Proposal

Each Proposal shall be firmly sealed in an envelope labeled "Contract Proposal - Site Work" and delivered to the office designated in the Advertisement for Bids.

All bids are to be made only on the Proposal Form furnished by the Owner and included in this document. (Bid prices in the Bidding Schedule are to be written by figures and must remain attached to this document).

No bid will be accepted which does not contain an adequate or reasonable price for each and every item named in the Bidding Schedule on the contract bid upon.

Only Proposals, which are made out upon the regular Proposal Form included in this document, will be considered. The entire Proposal section (all pages) of the project manual document must be submitted with the sealed “Contract Proposal”.

3. Bid Bond or Bid Guarantee:

A bid may be rejected if a bidder fails to meet any one of the following insurance requirements:

a) Each bidder shall submit with their bid a cashier’s check or bid bond in the amount of five percent (5%) of the total bid price. Check or bid bonds shall be payable to Kenosha County. This check/bond is to insure against withdrawal from competition subsequent to the bid submittal and to guarantee performance when the contract is awarded. This check/bond will be returned to all bidders immediately upon awarding the contract.

b) The check/bond of the successful bidder will be retained until the successful bidder furnishes Kenosha County with an acceptable performance bond for 100% of the bid/contract price. The performance bond must be submitted to Kenosha County within ten (10) days from date of award. The performance bond shall be forfeited on failure to perform on any part if this specification and contract outlined in this bid or any addendums. Such bond shall be issued from a reliable surety company having a current A.M. Best rating of A- or better, licensed or otherwise authorized to do business in the State of Wisconsin and acceptable to Kenosha County.

c) To be acceptable to Kenosha County as a surety for Bid Bonds and Performance Bonds, a

Surety company shall comply with the following provisions.

i. The Surety Company must be licensed or otherwise authorized to do business in the State of Wisconsin and must be rated by A.M. Best at A- or better.

ii. The Surety Company shall have been in business and have a record of successful continuous operation for at least five years.

iii. A Wisconsin licensed resident or non-resident Agent who holds a current Power of Attorney from the Surety Company issuing the bond shall sign all bonds.

4. Prequalification Data

Each bidder must submit a prequalification statement in accordance with Section 66.0901 and as amended. Prequalification forms (Kenosha County Form PA-10) shall be submitted to the Kenosha County Director of Public Works Office located at 19600 75th Street, Bristol, Wisconsin 53104.

Any bidder may be required by the Owner to submit additional data to satisfy the Owner that such bidder is prepared to fulfill the contract if it is awarded to him.

5. Examination of Site and Specifications

(a) Bidders 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 should visit the site and make himself/herself aware of site conditions in order to base his/her bid upon observed site conditions.

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 himself prior to bidding. The successful Contractor must employ, as far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractors.

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

(c) Nondiscrimination. In connection with work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, developmental disability, or sex. The foregoing shall be interpreted liberally to forbid unjust discrimination. All complaints received in this regard by the County shall be forwarded to the County Clerk who shall refer the matter to the state or federal agency having authority to investigate and determine such charges of discrimination. A final determination finding discrimination in such a case, including any appeals taken shall make the employer ineligible to bid on contracts with the County for a period of four years from the date of such final adjudication.

(d) Bidders 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 Proposal, and shall not, after submission of their Proposal, 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.

(e) Before submitting a Proposal, 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 bidder, but also to any of his subcontractors.

6. 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, he 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.

7. Bidding Requirements

(a) Each bidder shall submit only one bid.

(b) Each bidder must submit with his Proposal, 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 Proposal.

8. Approximate Quantities

In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the Proposal will not be used in establishing final payment due the successful Contractor.

The quantities stated on which unit prices are so invited are approximate only, and each bidder shall make his own estimate from the Contract Drawings of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the Bidding Schedule. Such estimated quantities, while made from the best information available, are approximate only. Payment on the contract will be based on actual number of units installed on the completed work.

9. Conditions in Contractor's Proposal

A bidder shall not stipulate in his Proposal any conditions not contained in the Form of Proposal contained in the Contract Documents.

10. "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 vendor, 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 Engineer.

If any bidder 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 specifications, the bidder, supplier, or manufacturer shall submit a written statement to Kenosha County 5 days prior to the bid opening date. 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.

11. 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 bids, 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.

12. Major Equipment

In cases where the Proposal Form under the paragraph titled "Major Equipment Items" includes a tabulation of the major items of equipment to be furnished and installed on the Proposal, each bidder shall state in the space provided, the installed price of each item of equipment of the manufacturer named. In addition, he may state in the spaces provided the names of alternate manufacturers who offer equipment on this project, and the installed price for such equipment.

Prior to the award of a construction contract, the Owner will determine the source of all items of major equipment to be incorporated in the project, based on the details, expected performance, and the installed prices of the items offered in the Proposal accepted.

Each manufacturer who offers an item of major equipment on this project shall file at least ten

(10) days prior to the date set for opening of bids, two (2) complete copies of a detailed description of the equipment offered, list of comparable installations, and performance curves or data. One (1) copy of such data shall be filed directly with the Engineer.

13. Material Substitution

If restrictions of any Governmental Authority prohibit the purchase or use of certain items that are required by the Contract Drawings and Specifications, substitution for such items will be determined by the Owner and the Engineer after the award of a construction contract.

Each Contractor shall base his bid on furnishing all items exactly as shown on the Contract Drawings and as described in the Contract Specifications. The successful Contractor will not be authorized to make any substitution on his own initiative, but in each and every instance must obtain a properly authorized Contract Supplement to his Contract before installing any work in variance with the Contract requirements.

14. License or Royalty Fees

If the project is designed so as to require or permit the use of a process or processes (as distinguished from article, apparatus, or equipment) for which licenses or royalty fees will be charged, such fees for the use of such processes will be paid directly by the Owner to the patentee, licensee, or owner of such a process, and bidder shall not include such fees in their bids. If by the acceptance of a bid, the Owner shall have determined to use any patented process, the Owner will enter into a separate contract with the patentee, licensee, or owner of the process, and the Owner will make payment therefore to the owner, or licensee of such patented process. This provision, however, does not apply on royalties for patented items incorporated in this work.

15. Material Tests

Attention of bidders is directed to the Material Test, which will be required on this Contract. All laboratory tests shall be made by a testing laboratory employed by the Contractor and approved by the owner. The cost of tests shall be paid by the Contractor. The Contractor shall supply and ship to the laboratory, all materials to be tested, whether indicated herein or requested by the Owner or Engineer. The cost of these materials and cost of tests shall be merged in the prices stated on items making up the Total Base Bid.

16. Supplemental Unit Prices

On a lump sum proposal or partial lump sum proposal, if the bidding schedule includes a supplementary schedule of unit prices for fixing cost basis for changes, the Owner reserves the right to reject any or all of such supplemental unit prices which it deems to be excessive or unreasonable.

17. Withdrawal of Proposals

Any bidder may withdraw his proposal 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.

18. Signing of Proposal

(a) Proposals which are not signed by individuals making them should 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) Proposals which are signed for a co-partnership should be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the proposal a power of attorney, evidencing authority to sign the proposal.

(c) Proposals which are signed for a corporation should 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.

19. 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 bidder to whom the Owner contemplated awarding a contract) by some officer or agent whom the Owner duly authorized to give such notice.

20. Execution of Contracts and Bonds

Each contract must be executed in three (3) 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. One copy of such executed documents will be retained by the owner, the other two 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 notarial fees and expenses are to be paid by the Contractor to whom the contract is awarded.

21. 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 bidders is also directed to the number of calendar days, or date, stated in the Proposal Form for completion of the work to the point of final acceptance by the Owner.

22. Make-up of Contract Document

The attention of bidders 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 two parts: Project Specifications and General Specifications.

The General Specifications define and describe the major construction materials and construction methods for this project.

Materials and construction methods defined and described in the Project Specifications shall govern in cases of any variances between the General Specifications and Project Specifications. Whenever more than one construction material and/or construction method is defined and described in the General Specifications, the particular material and/or method to be used on this project shall be the one stated in the Project Specifications.

The General Specifications and the Project Specifications together with the Contract Drawings and Proposal Forms, define and describe the work to be performed on this Project.

23. Payment

Contractors will be paid in cash at intervals stated in the Contract.

24. Guarantee

The attention of all bidders is directed to the conditions that on any contract which includes equipment items, the Contractor and his Surety will be held responsible by the Owner, that all items of equipment purchased and installed under this Contract fully meet the type, quality, design and the performance guarantee defined in the Major Equipment and Project Specifications, and in actual operation actually perform the functions for which installed. Further, that the Owner may withhold final payment until such performance and operation are demonstrated.

In view of such a contract requirement, it is suggested that the successful Contractor purchase all items of equipment under adequate guarantees or bonds from the manufacturers to protect the obligation of the Contractor to the owner on items of equipment.

25. Award of Contract

A. The Contract shall be awarded to the lowest responsive, reasonable bidder(s) including responsive efforts to utilize small and minority owned businesses.

B. In case of error in the extension of prices, the unit bid prices shall govern. The Owner reserves the right to waive any informality in bids at his discretion.

26. Performance and Payment Bond:

A bid may be rejected if a bidder fails to meet any one of the following requirements:

1. The successful respondent shall supply, no later than five (5) business days after award of contract a Payment and Performance Bond in the amount of 100% of the total bid price, issued by an insurance company licensed by the Wisconsin Department of Insurance, covering the faithful performance of this contract, in all terms and conditions thereof throughout the full term thereof between the County and the respondent and which will further indemnify and save harmless the County from all cost and damages by reason of the respondent’s default, breach or failure to satisfactorily complete any of the following terms. If certificate is not submitted within five (5) business days, Kenosha County, at its sole discretion, may void the contract and award to the next low, responsive and responsible bidder.

2. Payment to all entities, individuals, and the like furnishing labor or materials in connection with this contract: and

3. Successful, full and satisfactory completion, including the dates specified between the County and the vendor, of the installation, ongoing operation and performance, consumable supplies and maintenance herein concerned. In the event of any breach on the part if the vendor, the Surety and/or the County shall have the right to take possession, custody, and control of any work site and/or installation and to complete and operate same forthwith, with any cost attributed thereto borne the respondent or the Surety. In the event of control and operation of any site(s) by the County or Surety, the County shall incur no financial obligation to the Respondent, and shall recover from the Respondent or Surety and cost of cover, i.e. additional cost, if any, incurred by the County in operating any site(s) during the breach by the respondent.

27. Change Orders:

County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or decreases it foresees as a result of the change. Except in an emergency endangering life or property, no addition or changes to the Work shall be made except upon written order of County, and County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of the County is authorized to direct any extra or changed work orally.

A Change Order, in a format acceptable to both the County and the Contractor, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. All change orders shall be incorporated into the contract. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as County and Contractor shall mutually agree.

PROPOSAL

PETRIFYING SPRINGS GOLF COURSE

TO: Kenosha County Department of Public Works 19600 75th Street Bristol, WI 53104

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, Specifications, and Addenda and Exhibits issued and attached to the Official Contract Document on file in the office of the Kenosha County Director of Public Works, 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 Bidding Schedule, complete in place and ready for use in connection with the Petrifying springs golf course Golf Cart Path Improvement Project all in accordance with the following listed Contract Drawings and specifications as prepared by the Kenosha County Department of Public Works, including Addenda Nos. , , , and , issued thereto for the sums set forth in the following Bidding Schedule.

P R O P O S A L

PETRIFYING SPRINGS GOLF COURSE

Contract Drawing Sheet No. Description

Sheet 1 Title Sheet

Sheet 2 General Notes

Sheet 3 Project Location

Sheet 4-5 Typical Sections

Sheet 6-7 Removal/Pulverizing Plan

Sheet 8-9 Realigned Sections

Sheet 10 Grading and Drainage Plan

Sheet 11-12 Pavement Plan

Sheet 13 HMA Curb Ramp and Added Parking Width Details

Sheet 14 Pavement Marking Plan

Sheet 15 Restoration Plan

Sheet 16 Miscellaneous Quantities

Sheet 17 Standard Details

PETRIFYING SPRINGS GOLF COURSE

I. BIDDING SCHEDULE

I. BID SCHEDULE – PETRIFYING SPRINGS GOLF COURSE GOLF CART PATH

ITEM

NO.

DESCRIPTION

QTY

UNIT

UNIT

PRICE

TOTAL

1. Removing Small Pipe Culverts 1 EACH

2. Removing Asphaltic Surface 2,323 SY

3. Removing Curb 75 LF

4. Excavation Common 1,435 CY

5. Borrow 365 CY

6. Base Aggregate Dense 1 ¼-Inch 1,315 TON

7. Culvert Pipe Corrugated Steel 12-Inch 18 LF

8. Apron Endwalls for Culvert Pipe Steel 12-Inch 2 EACH

9. Concrete Curb Type D 45 LF

10. Mobilization 1 EACH

BID TOTAL (ITEMS 1-10): $

II. PROPOSAL CONDITIONS:

(1) TOTAL BASE BID:

It is expressly understood and agreed that the foregoing Total Base Bid is the basis for establishing the comparison of bids only and is not to be construed to be a lump sum proposal.

It is further understood that the quantities in the Bidding Schedule for the unit price items are approximate only, and that payment on a Contract will be made only on the actual quantities of work completed in place, measured on the basis defined in the General Conditions.

The undersigned has carefully checked the above Bidding Schedule against the Contract Drawings and Specifications before preparing this Proposal and accepts said quantities as substantially correct, both as to classification and amount, and as correctly listing the complete work to be done in accordance with the Plans and Specifications.

(2) BID SECURITY:

Accompanying this Proposal 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 FORMS 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 Proposal, it is understood and agreed by the undersigned, that the right is reserved by the Owner to reject any or all Proposals. 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:

A. Kenosha County anticipates awarding this Contract on or after August 8, 2019.

B. Kenosha County anticipates issuing a formal notice to proceed after September 16, 2019.

C. Upon receipt of written Notice to Proceed the Contractor shall start work no earlier than October 7, 2019 and shall complete all work under the Contract relating to: erosion control, pavement removal, placement of dense aggregate, and compaction by October 31, 2019.

D. Upon receipt of written Notice to Proceed the Contractor shall complete all work under the Contract relating to: final grading and restoration by November 30, 2019.

The undersigned further agrees that should he/she fail to complete the above described work under above Item C within the limits stated above, liquidated damages in the sum of Five Hundred Dollars ($500.00) for each calendar day the work remains uncompleted beyond said completion date will be paid by the Contractor to Kenosha County as stated in the Contract Form.

(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 list without the written consent of the Owner.

CLASS OF WORK SUBCONTRACTOR

1.

2.

3.

DATE:

(Name of Firm)

(Address)

(City, State and Zip Code)

By (Title)

ADDENDUM RECEIPT:

We acknowledge receipt of Addenda Nos. , , , , inclusive.

AFFIDAVIT OF ORGANIZATION AND AUTHORITY

STATE OF WISCONSIN )

) SS

COUNTY OF )

, being first duly sworn on oath deposes and says that the bidder on the attached Bid Proposal is organized as indicated below and that statements herein made are made on behalf of such bidder and that this deponent is authorized to make them.

(Fill out applicable paragraph)

1. CORPORATION:

The bidder is a corporation organized and existing under the laws of the State of

_____________and its president is _________________, its secretary is ______________ and it does have a corporate seal. The President is authorized to sign construction contracts and bids for the company by action of its Board of Directors taken a certified copy of which is hereto attached. (Strike out this last sentence if not applicable).

2. PARTNERSHIP:

The bidder is a partnership consisting of and

, partners doing business under the name of .

3. SOLE TRADER:

The bidder is an individual and is operating under a trade name; such trade name is as follows:

4. ADDRESS:

The business address of the bidder is as follows:

, Phone No.

DRUG FREE WORKPLACE CERTIFICATION

The undersigned contractor/vendor hereby certifies that it will provide a drug-free workplace program by:

(1)Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establishing a continuing drug-free awareness program to inform its employees about:

(i) The dangers of drug abuse in the workplace;

(ii) The offeror's policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1);

(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Wisconsin ACT 181and Wisconsin State Statute 103.503 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.

(5) Notifying Kenosha County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and

(7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (1) through (6).

(Contractor/Vendor Signature)

(Print Contractor/Vendor Name)

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20 , by (Name of Signatory) as of

(Title) (Name of Corporation/Company) known to me to be the person described herein, or who produced (Type of Identification) as identification, and who did/did not take an oath.

NOTARY PUBLIC:

(Signature)

(Print Name)

My commission expires:

SWORN STATEMENT OF BIDDER

AS REQUIRED BY

SECTION 66.29(7) WISCONSIN STATUTES

I, being first duly sworn at , , (City) (State) on oath on behalf of said bidder, that I have examined and carefully prepared this Proposal Form from the plans, specifications and the other Contract Documents and have checked the same in detail before submitting this Proposal; and this sworn statement is hereby made a part of the foregoing Proposal.

Signature

(Title, if any)

(Address)

(Phone No. of Bidder)

Subscribed and sworn to before me this day , 20 .

County

State of

My Commission Expires

SPECIAL PROVISIONS

PETRIFYING SPRINGS GOLF COURSE

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.

(a) Contract Form

(b) Addenda Nos. , , , and

(c) Special Provisions

(d) General Conditions

(e) Project Specifications

(f) Contract Drawings (Plans)

(g) Instructions to Bidders

(h) Advertisement for Bids

(i) Contractor's Proposal

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

2. INDEMNITY AND INSURANCE REQUIREMENTS:

The project Contractor must carry adequate insurance in accordance with the following Kenosha County insurance requirements:

a) Contractor agrees to indemnify, hold harmless and defend Kenosha County, its officers, agents and employees from any and all liability including claims, demands, losses, costs, damages and expenses of every kind (including financial or consequential damages) and description or damage to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or occurring out of the acts or omissions of the Contractor, its agents or employees.

b) Contractor agrees to protect itself and Kenosha County under the indemnity agreement set forth in the above paragraph. Contractor will at all times during the terms of this Contract keep in force and effect commercial general liability, contractor’s environmental (pollution) liability or project specific sudden and accidental pollution coverage included under the commercial general liability policy, automobile liability, excess/umbrella liability, worker's compensation, and employer’s liability insurance policies issued by a company or companies rated A- VII or better by AM Best and authorized to do business in the State of Wisconsin with the following minimum limits of coverage;

c) Commercial General Liability*

i. Each Occurrence $1,000,000

ii. General Aggregate $2,000,000

iii. Products - Comp/Op Agg $2,000,000

d) Contractor’s Environmental (Pollution) Liability (legal liability for pollution conditions due to your operations)

i. Each Incident $1,000,000

ii. Aggregate $1,000,000

In lieu of a separate environmental policy, project specific Sudden and Accidental Pollution coverage included under your commercial general liability policy that does not erode the GL and aggregate limits is acceptable.

e) Automobile Liability i.

Combined Single Limit

$1,000,000

f) Excess/Umbrella Liability i.

Each Occurrence

$1,000,000

ii. Aggregate $1,000,000

g) Worker’s Compensation Statutory Limits

h) Employer’s Liability*

i. Each Accident $100,000

ii. Disease Each Employee $100,000

iii. Disease Policy Limit $500,000

*Or such higher limits sufficient for these insurance policies to be scheduled under the Umbrella policy.

i) Coverage afforded shall apply as a primary with Kenosha County named as an additional insured on the commercial general and excess/umbrella liability policies. Contractor shall give 30days advance written notice of cancellation or non-renewal during the term of this Contract.

j) The hold harmless, indemnity and insurance provisions of this contract shall survive the termination of this contract and shall remain operative until the time that all potential claims or potential civil actions by the parties or by third parties shall expire under existing law.

k) If any policies are written on a claims-made basis, Contractor shall not discontinue or change liability insurance policies in effect during any part of this contract without buying an extended reporting period to cover potential claims that may have occurred during the term of this agreement.

l) Upon execution of this Contract, the Contractor shall furnish Kenosha County with a certificate of insurance, showing evidence of the above requirements.

m) Contractor shall notify Kenosha County immediately upon the commencement of any litigation against Contractor where there is any possibility Kenosha County may be made a party thereto.

3. SURVEY MONUMENTS

The Contractor shall use extreme caution in his construction operations so as not to disturb any land survey points, property pins or any other government markers until their location can be property referenced by the Engineer or registered land surveyor.

4. 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.

5. SCHEDULE OF CONSTRUCTION OPERATIONS

Prior to commencement of any work under this Contract, the Contractor shall confer with the Engineer and other representatives of the Owner and prepare a detailed schedule of construction operations. This schedule shall be subject to the approval of the Owner, and the Owner reserves the right to subsequently modify the schedule should he deem it necessary.

6. WORK BY OTHERS

The Kenosha County Department of Public Works – Golf Division and public utilize the project site on a daily basis. Additionally, contractors for two other projects related to improving the Petrifying Springs golf cart path are also expected to utilize the project site on a daily basis. The Contractor is expected to cooperate with others, including the Kenosha County Department of Public Works, the public, and the other contractors. The Contractor shall coordinate project work, in this area, with the Engineer if necessary.

7. PERMITS

The Contractor shall be responsible for obtaining and paying for all necessary Federal, State, and Local permits, which may be required for contract operations.

8. WORK HOURS

The Contractor will only be permitted to work between the hours of 7:00 A.M. and 7:00 P.M.

throughout the duration of the Contract.

9. RIGHT-OF-WAY

“Right-of-way” mentioned in either the Wisconsin Department of Transportation 2019 Standard Specifications or the Project Special Provisions, shall be taken to mean the “project limits” shown in the construction plans.

10. ITEM NO. 3 205-0100 EXCAVATION COMMON

Revise standard spec 205.5.2(1) as follows:

Payment for the Excavation bid items under this section is full compensation for all work specified for those excavation classes under 205 for which no separate unit prices are included in the contract, except as specified otherwise in 203 and 204 for removing concrete structures, and below for performing EBS after the engineer approves the subgrade in cut areas. The cost of removing walls, foundations, etc., the satisfactory disposal of resulting material, and the backfilling of basements or openings resulting from removing walls, foundations, etc., for which no separate unit prices are included in the contract, is included in the contract unit price for the Excavation bid items, except for removing concrete structures. The department will not pay extra for this work, except the department will pay separately for providing the required granular backfill under the Backfill Granular bid items, and, except as specified above for removing concrete structures and EBS performed after the engineer approves the subgrade in cut areas. Payment includes hauling.

Payment also includes any approved sediment control devices and/or any approved stabilization methods needed to contain and/or stabilize any exposed piles lasting longer than 48 hours.

Eliminate standard spec 205.5.2(5)

11. ITEM NO. 4 208-0100 BORROW

Revise standard spec 208.5(2) as follows:

Payment for Borrow and Select Borrow is full compensation for providing borrow material; for clearing, grubbing, excavating, sloping, shaping, trimming, loading, hauling, placing; compacting;

disposing of surplus material; for salvaging, stockpiling, rehandling, and spreading slaving material for covering the surfaces of excavated areas within borrow sites; and for any approved sediment control devices and/or any approved stabilization methods needed to contain and/or stabilize any exposed piles lasting longer than 48 hours.

Eliminate standard spec 208.5(5)

CONTRACT

PETRIFYING SPRINGS GOLF COURSE

KENOSHA, WI

THIS CONTRACT made on the day of , 20 by and between hereinafter called the "CONTRACTOR" and the County of Kenosha, Wisconsin, hereinafter called the

"OWNER".

WITNESSETH, that the Contractor, and the Owner for the consideration stated herein agree as follows:

ARTICLE I. SCOPE OF WORK

The Contractor shall perform everything required to be performed and shall provide and furnish all the labor, materials, necessary tools, equipment, expendable and otherwise, and all utility and transportation services required to perform and complete in workmanlike manner all of the work required for the Petrifying springs golf course Golf Cart Path Improvement Project in Kenosha County all in strict accordance with the Contract Drawings and Specifications including any and all addenda prepared by the Kenosha County Department of Public Works, 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 Contract Documents shall do everything required by this contract and other documents constituting a part thereof.

C O N T R A C T

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 computed as follows:

The foregoing Total shall be the basis for establishing the amount of Payment and Performance Bond and is not to be construed to be a lump sum contract price. The foregoing quantities of the unit price items are approximate only, and 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 unit prices 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. Addenda Nos. , , , and

2. Special Provisions of the Contract

3. Project Specifications

4. General Specifications

5. Special Provisions

6. Contract Drawings

7. Instructions to Bidders

8. Advertisement for Bidders

9. Contractor's Proposal

10. This Instrument

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 statutes 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

a. Kenosha County anticipates awarding this Contract on or after August 8, 2019.

b. Kenosha County anticipates issuing a formal notice to proceed after September 16, 2019.

c. Upon receipt of written Notice to Proceed the Contractor shall start work no earlier than October 7, 2019 and shall complete all work under the Contract relating to: erosion control, pavement removal, placement of dense aggregate, and compaction by October 31, 2019.

d. Upon receipt of written Notice to Proceed the Contractor shall complete all work under the Contract relating to: final grading and restoration by November 30, 2019.

3. Liquidated Damages for Delay

The…