City Hall

1st and 2nd Floor Counter Remodel and Entrance Door Replacement

RFB# 23-BM24

BIDDING DOCUMENTS

4/21/2023

SPECIFICATIONS

Owner:

City of Sun Prairie 300 E. Main Street

Sun Prairie, WI 53590

Counter Remodels and Entrance Door Replacement

Table of Contents

TABLE OF CONTENTS

1st and 2nd Floor Counter Remodels and Entrance Door Replacement

DESCRIPTION

DIVISION 00 - BIDDING AND CONTRACTING REQUIREMENTS

00 11 13 OFFICIAL NOTICE OF BID

00 21 13 INSTRUCTIONS TO BIDDERS

00 41 00 BID FORM

00 43 13 BID BOND (FORM)

00 45 13 BIDDERS QUALIFICATION STATEMENT (FORM)

00 52 13 SAMPLE-CONTRACT FOR CONSTRUCTION SERVICES

00 54 10 INSTRUCTIONS FOR EXECUTING THE CONTRACT (FORM)

00 61 13.13 PERFORMANCE BOND (FORM)

00 61 13.16 PAYMENT BOND (FORM)

00 73 16 INSURANCE REQUIREMENTS

00 73 16.10 EXAMPLE-INSURANCE FORMS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 20 00 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 40 00 QUALITY REQUIREMENTS

01 42 00 REFERENCES

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 60 00 PRODUCT REQUIREMENTS

01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS

01 74 19 CONSTRUCTION WASTE MANAGEMENT

DIVISION 02 – EXISTING CONDITIONS

02 41 19 SELECTIVE DEMOLITION

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES

06 10 53 MISCELLANEOUS ROUGH CARPENRY

06 20 00 FINISH CARPENTRY

06 40 23 INTERIOR ARCHITECTURAL WOODWORK

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 92 00 JOINT SEALANTS

DIVISION 08 – OPENINGS

08 14 16 FLUSH WOOD DOORS

08 41 13 ALUMINUM FRAMED ENTRANCES AND STOREFRONTS

08 71 00 DOOR HARDWARE

08 71 13 AUTOMATIC DOOR OPERATORS

08 80 00 GLAZING

08 81 13 DECORATIVE FILM OVERLAY

DIVISION 09 - FINISHES

09 22 16 NON-STRUCTURAL METAL FRAMING

09 29 00 GYPSUM BOARD

09 51 13 ACOUSTICAL PANEL CEILINGS

09 65 13 RESILIENT BASE AND ACCESSORIES

09 65 61 COMMON WORK RESULTS FOR FLOORING PREPARATION

09 68 13 TILE CARPETING

09 91 23 INTERIOR PAINTING

Counter & Entrance Remodels

Table of Contents

DIVISION 12 - FURNISHINGS

12 24 13 ROLLER WINDOW SHADES

12 36 23.13 PLASTIC LAMINATE CLAD COUNTERTOPS

12 48 13 ENTRANCE FLOOR MATS

DRAWING INDEX

SHEET INDEX

T100 TITLE SHEET

A100 FIRST FLOOR PLANS

A101 SECOND FLOOR PLANS

A102 FIRST FLOOR ENTRY DOORS PLANS, SECTIONS AND ELEVATIONS

A400 FIRST FLOOR REFLECTED CEILING PLANS

A401 SECOND FLOOR REFLECTED CEILING PLANS

A500 WALL TYPES

A600 RECEPTION AREA SCHEDULES and INTERIOR DETAILS A601 ENTRY AREA DOOR SCHEUDLE and DETAILS

A602 ROOM FINISH SCHEDULE

M100 DEMOLITION – MECHANICAL

M101 PROPOSED-MECHANICAL

E/F100 FIRST FLOOR – POWER AND DATA & LIGHTING AND FIRE PROTECTION PLANS

E/F101 SECOND FLOOR – POWER AND DATA & LIGHTING AND PROTECTION PLANS

E/F102 FIRST FLOOR ENTRY - POWER & LIGHTING AND FIRE PROTECTION PLANS

Official Notice of Bid 00 11 13-1

SECTION 00 11 13

OFFICIAL NOTICE OF BID

CITY OF SUN PRAIRIE, WISCONSIN

RFB# 23-BM24

The City of Sun Prairie Building Maintenance Department will receive written bids for the City Hall 1st & 2nd Floor Counter Remodel and Entrance Door Replacement until 2 p.m. local time, June 6th, 2023, at the City Clerk’s Office, 300 East MainStreet, Sun Prairie, Wisconsin, 53590, at which time the bids will be publicly opened and read aloud.

Bidders are invited on the following work:

In general, the work consists of the remodeling of the 1st and 2nd floor reception counters at the City Hall to accommodate new open office area. This project will also replace the existing City Hall entrance doors and hardware to provide an updated secure entry system.

Plans and bid documents are published on bid distribution networks DemandStar and VendorNet.

A Pre-bid conference will be held on May 23rd, 2023 at 10:00 a.m. for the purposes of reviewing the site.

Attendance is strongly encouraged by all bidders. Bidders are asked to meet at the main entrance of the City Hall for the conference.

No bid shall be considered unless accompanied by a certified or cashier’s check or bid bond equal to 10% of the bid amount payable to the City of Sun Prairie as a guarantee that if their bid is accepted, the bidder will execute and file a Contract within ten (10) days after such acceptance. The accepted bidder will execute and file the Agreement and the Performance and Payment Bonds in the amount equal to 100% of the bid amount within ten (10) days of Notice of Award.

All questions about the meaning or intent of these documents shall be submitted to the Owner –via email at nlor@cityofsunprairie.com, with the RFB# 23-BM24 in the subject line, no later than 3:00 P.M. May 30th, 2023.

Interpretations or clarifications considered necessary by the Owner in response to such questions will be issued by Addenda via Demandstar and VendorNet. Questions received after this day and time will not be answered.

All applicable charter and statutory provisions are incorporated into said Contract. The successful bidder shall be required to conform to all Federal and State OSHA requirements.

Prevailing wage does not apply to this project; however, “living” wages do apply.

The City of Sun Prairie and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise tax.

The City of Sun Prairie reserves the right to reject any or all bids or to waive any informalities in the bidding process.

Bids may be held by the City of Sun Prairie for a period not to exceed sixty (60) days from the bid opening for the purpose of reviewing the bids and investigating the qualifications of the bidders, prior to awarding of the Contract.

mailto:nlor@cityofsunprairie.com

Instruction to Bidders 00 21 13-1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, have meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (based on Owner's evaluation as thereinafter provided) makes an award. The term "Bidding Documents" includes the Official Notice, Instructions to Bidders, the Bid Form, Specifications, and the Contract Documents (including all Addenda issued prior to receipt of Bids).

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of Bidding Documents must be used in preparing Bids; neither the City nor the Maintenance Department assumes any responsibility for errors in misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.2 The City and Maintenance Department in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of the City's request evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualifications to do business in Wisconsin or covenant to obtain such qualifications prior to award of the contract. A “Bidder’s Qualifications Statement” is included for use.

4. EXAMINATION OF BIDDING DOCUMENTS AND SITE

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

a. Examine the Bidding Documents thoroughly.

b. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work. Bidder is responsible for the final and complete accurate measurement of all areas of the work and must submit their bid based on their measurement.

c. Consider Federal, State, and local laws and regulations that may affect cost, progress, performance or furnishing of the work;

d. Study and carefully correlate Bidder's observations with the Contract Documents

e. Notify the Owner of all conflicts, errors or discrepancies in the Contract Documents.

4.2 On request in advance, the City will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall clean up and restore the site to its former condition upon completion of such explorations (if any).

4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that the Bidder has complied with every requirement of Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Bidding Documents, and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

Instruction to Bidders 00 21 13-2

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Bidding Documents are to be directed to the Owner via email at nlor@cityofsunprairie.com. Interpretations or clarifications considered necessary by the Owner in response to such questions will be issued by Addenda via Demandstar and VendorNet.

5.2 All requests for interpretation must be received by 3:00 P.M. on May 30th, 2023. Addenda will be issued no later than 5 days prior to the date fixed for the opening of Bids. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligations under his Bid as submitted. All Addendas so issued shall become part of the Bidding Documents.

5.3 Oral and other interpretations or clarifications will be without legal effect.

5.4 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or the Owner.

6. BID SECURITY

6.1 Each Bid must be accompanied by bid security made payable to the City in an amount of ten (10) percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached) issued by a surety meeting the approval of the City.

6.2 The Bid security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, the City may annul the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of other Bidders whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the earlier of the seventh (7th) day after the effective date of the Agreement of the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with bids that are not competitive will be returned within seven (7) days after the Bid opening.

7. CONTRACT TIME

The numbers of days within which, or the dates by which, the work is to be substantially completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement.

8. LIQUIDATED DAMAGES

Does not apply to this project.

9. SUBSTITUTE OR "OR-EQUAL" ITEMS

The contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to the Owner, application for such acceptance will not be considered by the Owner, until after the effective date of the Agreement.

10. SUB-CONTRACTORS, SUPPLIERS AND OTHERS

10.1 If the Supplementary Conditions require the identity of certain Sub-Contractors, suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the City in advance of the specified date prior to the effective date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within seven days after the bid opening submit to the City a list of all such Sub-Contractors, suppliers and other persons and organizations proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Sub-Contractor, supplier, other person or organization, either may before the Notice of Award is given request the apparent

Instruction to Bidders 00 21 13-3 successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent successful Bidder declines to make any such substitution, the City may award the contract to the next lowest Bidder that proposes to use acceptable Sub-Contractors, suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Sub-Contractor, supplier, other person or organization listed and to whom the City or the Building Maintenance Supervisor does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City and the Supervisor subject to revocation of such acceptance after the effective date of the Agreement.

10.2 In contracts where the Contract Price is on the basis of cost of the work plus a fee, the apparent successful Bidder, prior to the Notice of Award, shall identify in writing to the City those portions of the work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with the City's written consent.

10.3 No Contractor shall be required to employ any Sub-Contractor, supplier, other person or organization against which Contractor has reasonable objection.

11. INCOME TAX

All Bidders, whether a corporation, partnership, or individual, who are nonresidents of the State of Wisconsin, shall comply with Section 71.10 (14) of the Wisconsin Statutes.

12. SALES AND EXCISE TAX

The City of Sun Prairie and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise tax. Each Bid shall include all taxes in effect at the time the Bid is submitted. Bidders who are uncertain as to what items are subject to tax, or who required further explanation or clarification, are requested to contact the Wisconsin Department of Taxation, State Office Building, Madison, Wisconsin. If the tax laws are subsequently amended by legislation during the life of this Contract, the Contract will be adjusted to reflect the net change caused by such amendment.

13. BID FORM

13.1 The Bid Form is included with the bidding documents. The Bid must not be separated from the attached volume.

13.2 All blanks on the Bid Form must be completed in ink. The price of each item on the form must be stated in words and numerals. In case of a conflict, words will take precedence.

13.3 Bids by corporations must be executed in the corporate name by the President or Vice President (or other corporate office accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the Secretary or an Assistant Secretary. The corporate address and state of incorporation must be shown below the signature.

13.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and official address for the partnership must be shown below the signature.

13.5 All names must be printed below the signature.

13.6 The bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

13.7 The address and telephone number of communications regarding the Bid must be shown.

13.8 All Bids must be signed before a Notary Public or other Officer authorized to administer oaths.

14. SUBMISSION OF BIDS

00 21 13-4

14.1 Bids shall be submitted at the time and place indicated in the Official Notice of Bid and shall be enclosed in an opaque sealed envelope, marked with the project title (and, if applicable, the designated portion of the project for which the Bid is submitted) and name and address of the Bidder and accompanied by the bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

14.2 No bid will be considered which is received after the closing time.

15. MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

16. OPENING OF BIDS

Bids will be opened and (unless obviously non-responsible) read aloud publicly. An abstract of the amounts of the base bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

Upon opening of bids, the City of Sun Prairie shall become the owner of all submitted bids and bids are subject to open records requests.

17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for sixty days after the day of the Bid opening, but the City may, in its sole discretion, release any Bid and return the Bid security prior to that date.

18. PUBLIC RECORD LAW COMPLIANCE

It is the intention of City to maintain an open and public process in the solicitation, submission, review, and approval of contacts.

a The parties acknowledge that City is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 and 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this agreement are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws. To comply with any request under said Public Record Law, the provider/contractor herein shall produce copies of all materials, gathered or produced or modified pursuant to this Contract to City, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin case law, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold City, its agents, officials and employees harmless and to indemnify them and City for all costs, fees, including all reasonable attorney fees and expenses of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which City or its agents, officials or employees may expend or be held liable due to the Provider/contractor’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this Agreement.

b Any Public Records Law request received directly by a contractor related to this Contract with City shall immediately be reported to the City Administrator.

19. AWARD OF CONTRACT

19.1 The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. Also, the City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the project to make an award to the Bidder, whether because the Bid is not responsive or

00 21 13-5 the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City.

19.2 Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

19.3 Bids which are incomplete, unbalanced, conditional or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind, or which do not comply with the Instructions to Bidders may be rejected at the option of the City.

19.4 In evaluating Bids, the City will consider the qualifications of the bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.5 The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the work contemplated therein.

19.6 The City shall be satisfied that the Bidder involved:

1. maintains a permanent place of business;

2. has adequate plant equipment to do the work properly and expeditiously;

3. has a suitable financial status to meet obligations incident to the work;

4. has appropriate technical experience; and

5. can submit a satisfactory performance record.

19.7 The City may consider the qualifications and experience of Sub-Contractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Sub- Contractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. The City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award.

19.8 The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Sub-Contractors, suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to the City's satisfaction with the prescribed time.

19.9 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by the City indicates to the City that the award will be in the best interest to the project.

19.10 If the contract is to be awarded, the City will give the successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

Instruction to Bidders 00 21 13-6

20. CANCELLATION

The City of Sun Prairie reserves the right to cancel any contract in whole or part without penalty due to no appropriation of funds or for failure of the Contractor to comply with the terms, conditions, and specifications of this contract.

21. CONTRACT SECURITY

When the successful Bidder delivers the executed Agreement to the City, it must be accompanied by the required performance and payment bonds.

22. SIGNING OF AGREEMENT

When the City gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached.

Within 15 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the City with the required Bonds. Within 10 days thereafter the City shall deliver one fully signed counterpart to Contractor.

In case the successful Bidder fails to sign the Agreement within the above prescribed time, the City may at its' option consider that the Bidder has abandoned the contract, in which case the Bid security accompanying the Bid shall become the property of the City.

23. TERMINATION OF CONTRACT

The City of Sun Prairie may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the Contractor. Upon termination, the agency’s liability will be limited to the pro rata cost of the services performed as of the date of the termination plus expenses incurred with the prior written approval of the agency. In the event that the Contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 30 days of said termination, all payments made hereunder by the agency to the Contractor for work not completed or not accepted by the agency. Such termination will require written notice to that effect to be delivered by the Contractor to the agency not less than 30 days prior to said termination.

24. PAYMENT TERMS AND INVOICING

The City of Sun Prairie normally will pay properly submitted vendor invoices within 30 days of receipt providing goods and/or services have been delivered, installed, and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including references to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment.

Bid Form 00 41 00-1

SECTION 00 41 00

BID FORM

To: City of Sun Prairie, Maintenance Department

300 East Main Street, Sun Prairie, WI 53590

From: (Contractor)

(Business Address)

(City, State, Zip)

(Telephone Number)

(Email)

For: RFB# 23-BM24 City of Sun Prairie – 1st & 2nd Floor Counter Remodels Entrance Door Replacement

Due: 02:00 P.M. (Central Time), June 6th, 2023

TO WHOM IT MAY CONCERN:

A. The undersigned has carefully examined the Drawings and Specifications and all other Contract Documents relating to the project, acquainted himself with the site and all other conditions relevant to the work and made all evaluations and investigations necessary to a full understanding of any difficulties which may be encountered in performing the work.

B. The undersigned hereby proposes and agrees to furnish all labor, materials, equipment, tools, taxes, services and all other things necessary or appropriate for the proper and complete execution of the work for the lump sum of:

BASE BID

DOLLARS

C. The Bidder submits herewith a certified check or Bid Bond in the sum of ten percent (10%) of the Lump Sum bid amount and payable to the party as designated in the advertisement inviting proposals, to be retained by and become the property of the Owner of the work, in the event the undersigned shall fail to execute the contract and bond and return the same to the office of the Owner within ten (10) days after having been notified in writing to do so unless otherwise extended by the Owner, in writing; otherwise to be returned.

D. The undersigned further proposes and agrees that the work will be completed no later than 8 months from the Notice to Proceed.

E. The undersigned agrees that in the event the contract work cannot be completed by the date specified previously, and the Owner does not grant an extension of the completion date, the work shall be discontinued temporarily. It shall be understood that the Owner will permit work to resume only during that time allotted by the Owner.

F. The undersigned agrees that permission to bid on future work for the Owner may not be granted until the undersigned's work in progress is complete; the Contractor shall be notified in writing by the Owner. The

Bid Form 00 41 00-2 undersigned further agrees that the Contract Documents, including all contractor's responsibilities, shall remain enforced during the postponement of work.

G. The undersigned agrees to take sole physical and financial responsibility for all efforts required to ensure the premises associated with the work are in a suitable condition, as judged by the Owner, during the postponement of work. The undersigned further agrees to hold harmless the Owner for physical and financial responsibilities required to resume work after postponement.

H. The undersigned submits herein a cost breakdown of the base bid, unit prices and alternate bids as directed on the Bid Form. Any or all of the alternate bids may be selected by the Owner and added to, or subtracted from, the base bid sum as applicable.

I. The undersigned agrees, if this proposal is accepted, to enter into an agreement on the Owner's Standard

Agreement Form for the base bid sum, adjusted for any alternate bids selected by the Owner. The undersigned further agrees to furnish a performance and payment bond, for 100 percent of the total Contract Price.

J. The undersigned agrees that extra or additional work may be compensated on the basis of actual cost plus:

% for overhead and profit if performed by Contractor.

% for overhead and profit if performed by Subcontractor(s).

K. In submitting this proposal, it is understood that the Owner reserves the right to reject any or all bids, waive any formalities or technicalities in any bid and to make an award in the best interest of the Owner. It is further understood and agreed that this proposal may not be withdrawn for a period of ninety (90) days after the date set for bid receipt.

Will the Contractor accept credit card for payment without any additional fees? _____Yes _____No

Will the Contractor accept Electronic Funds Transfer (EFT) for payment? ______Yes ______No

Completed W-9 attached? ______Yes ______No

00 41 00-3

ADDENDA

The undersigned hereby acknowledges receipt of the following addenda which shall become part of the Contract Documents:

Addendum Number (1) Dated

Addendum Number (2) Dated

Addendum Number (3) Dated

( ) Corporation ( ) Partnership Respectfully submitted, ( ) Individual ( ) Other

Signature

State of Incorporation (if applicable) Printed Name

Title

Date

END OF SECTION

Bid Bond (Form) 00 43 13-1

SECTION 00 43 13

TEN (10) % BID BOND

(The following 10% Bid Bond is to be executed and submitted with the bid.)

KNOW ALL MEN BY THESE PRESENTS:

THAT _____________________________________________ (hereinafter called the Principal) as Principal and the a corporation created and existing under the laws of the State of _______________________________________ , with its' principal office in the City of __________________________________________________ (hereinafter called the Surety), as Surety, are held and firmly bound unto __________________________________ (hereinafter called the Owner, in the full and just sum of __________________________________________________ Dollars

($_________________), good and lawful money of the United States of American, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Signed, sealed and dated this _______________ day of ___________________, 2023.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Owner shall make any award to the Principal for

_______________________________________________________________________ according to the terms of the Bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Owner in accordance with the terms of said Bid and award and shall give Bond for the faith performance thereof with

_____________________________________. Surety or Sureties approved by the Owner; or if the Principal shall, in case of failure so to do, pay to the Owner the amount of this Bond, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed.

_____________________________ (SEAL)

_____________________________ (SEAL)

_______________________________ _____________________________ (SEAL)

(IF INDIVIDUAL OR FIRM)

_____________________________ (SEAL)

Principal

ATTEST:

(IF CORPORATION) __________________________________

(Corporate Surety) By _______________________________

Attest: _______________________________

Bidder’s Qualification Form 00 45 13-1

SECTION 00 45 13

BIDDERS QUALIFICATIONS STATEMENT

SUBMITTED BY: CORPORATION ( )

NAME: PARTNERSHIP ( )

ADDRESS: INDIVIDUAL ( )

JOINT VENTURE ( )

PRINCIPAL OFFICE:

OTHER ( )

RE: RFB# 23-BM24

1) TYPE OF WORK (explain each type of work performed by your organization)

2) ORGANIZATION

A. How many years has your organization been in business?

B. How many years has your organization been in business under its present business name?

3) LICENSING

A. List jurisdictions and trade categories in which your organization is legally qualified to do business.

4) EXPERIENCE

A. List the categories of work that your organization normally performs with its own forces and state for how many years your organization has been involved in each.

B. Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a contract? (If the answer is yes, please attach details.)

C. List any projects your organization has completed for the City of Sun Prairie in the past 10 years. Include the name of the City department and contact on the project:

D. On a separate sheet, list major projects of similar nature that your organization has in progress, giving the name of the project, owner, contract amount, percent complete, and scheduled completion date.

State total worth of work in progress and under contract.

E. On a separate sheet, list the major projects of similar nature your organization has completed in the past five years, giving the name of the project, owner, contract amount, date of completion, and percentage of the work performed with your own forces.

State the average annual amount of work performed during the past five years.

Bidder’s Qualification Form 00 45 13-2

5) REFERENCES

A. Surety:

1. Name of bonding company:

2. Name and address of agent:

6) FINANCING

Financial Statement must be provided upon request.

7) SIGNATURE

Dated this __________ day of ___________, 2023.

Name of Organization: ___________________________________________________________________

By:____________________________________________________________________________________

Printed Name:____________________________________________________________________________

Title:__________________________________________________________________________________

CITY OF SUN PRAIRIE

CONTRACT FOR

CONSTRUCTION SERVICES

Contract #: 21-BM40

Title: Multiple Buildings Remodel

Department: Maintenance Department

Start Date: Click or tap to enter a date.

End Date: Click or tap to enter a date.

SAMPLE

TABLE OF CONTENTS

I. NOTICE TO CONTRACTORS

A. PARTIES

B. PURPOSE

C. SCOPE OF SERVICES AND SCHEDULE OF PAYMENTS

D. TERM AND EFFECTIVE DATE

E. ENTIRE AGREEMENT

F. ASSIGNABILITY/SUBCONTRACTING

G. DESIGNATED REPRESENTATIVE

H. PROSECUTION AND PROGRESS

I. AMENDMENT

J. EXTRA SERVICES

K. NO WAIVER

L. NON-DISCRIMINATION

M. AFFIRMATIVE ACTION

N. SEVERABILITY

O. NOTICES

P. STATUS OF CONTRACTOR/INDEPENDENT/TAX FILING

Q. GOODWILL

R. THIRD PARTY RIGHTS

S. AUDIT AND RETAINING OF DOCUMENTS

T. CHOICE OF LAW AND FORUM SELECTION

U. COMPLIANCE WITH APPLICABLE LAWS

V. CONFLICT OF INTEREST

W. COMPENSATION

X. BASIS FOR PAYMENT

Y. DEFAULT/TERMINATION

Z. INDEMNIFICATION

AA. LAWS, REGULATIONS AND PERMITS

BB. SAFETY AND SECURITY

CC. INSURANCE

DD. OWNERSHIP OF CONTRACT PRODUCT

EE. PUBLIC RECORD LAW COMPLIANCE

FF. LIVING WAGE (Applicable to contracts exceeding $5000)

GG. WEAPONS PROHIBITION

HH. IT NETWORK CONNECTION POLICY

II. AUTHORITY

JJ. COUNTERPARTS, CONTRACT DELIVERY

II. SCOPE OF SERVICES

III. REQUIRED FORMS FROM CONTRACTOR

CONTRACT FOR PURCHASE OF SERVICES

I. NOTICE TO CONTRACTORS

A. PARTIES

This is a contract between the City of Sun Prairie, located in Dane County, Wisconsin, hereinafter referred to as “City”, and VENDOR of CITY, Wisconsin hereinafter referred to as “Contractor”.

The Contractor is a:

(To be completed by Contractor and copy of Contractor’s W9 shall be given to the City of Sun Prairie Finance Department)

☐Corporation ☐General Partnership ☐Limited Liability Company

☐LLP

☐Sole Proprietor ☐Unincorporated Association ☐Other: _______________________

B. PURPOSE

The purpose of this contract is as set forth in Section 3.

C. SCOPE OF SERVICES AND SCHEDULE OF PAYMENTS

Contractor will perform the following services and be paid according to the following schedule(s) or attachment(s): Click or tap here to enter text.

D. TERM AND EFFECTIVE DATE

This contract shall become effective upon execution by the Mayor, on behalf of the City of Sun Prairie, unless another effective date is specified in the attachment(s) incorporated in Section 3, however in no case shall work commence before execution by the City of Sun Prairie. The term of this contract shall be from START DATE to END DATE with the option to extend for XXXXX upon the same or more favorable terms and conditions, and under mutual agreement of both parties.

E. ENTIRE AGREEMENT

This contract for purchase of services, including any and all attachments, exhibits and other documents referenced in Section 3 (hereafter, “Agreement” or “Contract”) is the entire agreement of the parties and supersedes any and all oral contracts and negotiations between the parties.

F. ASSIGNABILITY/SUBCONTRACTING

Contractor shall not assign or subcontract any interest of obligation under this contract without the City’s prior written approval. All of the services required hereunder will be performed by the Contractor and employees of the Contractor.

G. DESIGNATED REPRESENTATIVE

Contractor designates NAME OF AGENT as contract agent with primary responsibility for the performance of this contract. In case this contract agent is replaced by another for any reason, the Contractor will designate another contract agent within seven (&) calendar days of the time the first terminates his or her employment or responsibility using the procedure set for in Section O, Notices.

In the event of the death, disability, removal or resignation of the person designated above as the contract agent, the City may accept another person as the contract agent or may terminate this agreement under Section Y, at its option.

H. PROSECUTION AND PROGRESS

Services under this agreement shall commence upon written order from the City to the contractor. This order will constitute authorization to proceed.

The Contractor shall complete the services under this agreement within the time for completion specified in the Scope of Services, including any amendments. The Contractor’s services are completed when the City notifies the Contractor in writing that the services are complete and are acceptable. The time for completion shall not be extended because of any delay attributable to the Contractor, but may be extended by the City in the event of a delay attributable to the City, or in the event of unavoidable delay caused by war, insurrection, natural disaster, or other unexpected event beyond the control of the Contractor. If at any time the Contractor believes that the time for completion of the work should be extended because of unavoidable delay caused by an unexpected event, or because of a delay attributable to the City, the Contractor shall notify the City as soon as possible, but not later than seven (7) calendar days after such an event. Such notice shall include any justification for an extension of time and shall identify the amount of time claimed to be necessary to complete the work.

Services by the Contractor shall proceed continuously and expeditiously through completion of each phase of the work.

Progress reports documenting the extent of completed services shall be prepared by the Contractor and submitted to the city with each invoice under Section X of this agreement, and at such other times as the City may specify.

The Contractor shall notify the City in writing when the Contractor has determined that the services under this agreement have been completed. When the City determines that the services are complete and are acceptable, the City will provide written notification to the Contractor, acknowledging formal acceptance of the completed services.

I. AMENDMENT

This contract shall be binding on the parties hereto, their respective heirs, devisees, and successors, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto. Any other change in any provision of this contract may only be made by a written amendment, signed by the duly authorized agent or agents who executed this contract.

J. EXTRA SERVICES

The City may require the Contractor to perform extra services or decreased services, according to the procedure set forth in Section X. Extra services or decreased services means services which are not different in kind or nature from the services called for in the Scope of Services, Section C, but which may increase or decrease the quantity and kind of labor or materials or expense of performing the services. Extra services may not increase the total contract price, as set forth in Section W, unless the contract is amended as provided in Section I above.

K. NO WAIVER

No failure to exercise and no delay in exercising any right, power or remedy hereunder on the part of the City or Contractor shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the City or Contractor therein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition.

L. NON-DISCRIMINATION

In the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment regardless of age, ancestry, arrest and conviction record, color, creed, disability, genetic testing, honest testing, marital status, membership in the National Guard, State Defense Force or any reserve component of the military forces of the United States or this state, national origin, pregnancy or childbirth, race, religion, sex (including sexual harassment), sexual orientation, and use or nonuse of lawful products off of the employer’s premises during nonworking hours.

M. AFFIRMATIVE ACTION

The following language applies to all contractors employing fifteen (15) or more employees:

The Contractor agrees that, within thirty (30) days after the effective date of this contract, the Contractor will provide to the City of Sun Prairie Finance Department, certain workforce utilization statistics, using a form provided by the City.

If the contract is still in effect, or if the City enters into a new agreement with the Contractor, within one year after the date on which the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be furnished by the City. The second form will be submitted to the City of Sun Prairie Finance Department no later than one year after the date on which the first form was required to be provided.

Articles of Agreement, Request for Exemption, and Release of Payment The Articles of Agreement beginning on the next page apply to all Contractors, unless determined to be exempt under the following table and procedures:

Number of Employees

Less than $25,000 Aggregate Annual Business with the City*

$25,000 or More Aggregate Annual Business with the City*

14 or less Exempt** Exempt** 15 or more Exempt** Not Exempt

*As determined by the Finance Director **As determined by the Department of Civil Rights

Exempt Status: In this section, “Exempt” means the Contractor is exempt from the Articles of Agreement in Section M (5) shall apply and contractor shall select option A or B under Article 4 therein and file an Affirmative Action Plan.

Request for Exemption – Fewer than 15 Employees: Contractors who believe they are exempt based on number of employees shall submit a Request for Exemption on a form provided by the City of Sun Prairie Finance Department within thirty (30) days of the effective date of this contract.

Exemption – Annual Aggregate Business: The City of Sun Prairie Finance Department will determine, at the time this contract is presented for signature, if the Contractor is exempt because it will have less than $25,000 in annual aggregate business with the City in the calendar year. Contractors with 15 or more employees will lose this exemption and become subject to Section M (5) upon reaching $25,000 or more annual aggregate business with the City within the calendar year.

Release of Payment: All non-exempt contractors must have an approved Affirmative Action plan meeting the requirements of Article 4 below on file with the City of Sun Prairie Finance Department within thirty (30) days of the effective date of this contract and prior to release of payment by the City. Contractors that are exempt based on number of employees agree to file a Request for Exemption with the City of Sun Prairie

Finance Department within thirty (30) days of the effective date and prior to release of payment by the City.

Articles of Agreement

ARTICLE I

The Contractor shall take affirmative action in accordance with the provisions of this contract to insure that all applicants are employed, and that employees are treated during employment without regard to age, ancestry, arrest and conviction record, color, creed, disability, genetic testing, honest testing, marital status, membership in the National Guard, State Defense Force or any reserve component of the military forces of the United States or this state, national origin, pregnancy or childbirth, race, religion, sex (including sexual harassment), sexual orientation, and use or nonuse of lawful products off of the employer’s premises during nonworking hours and that the employer shall provide harassment-free work environment for the realization of the potential of each employee. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship insofar as it is within the control of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants notices of the nondiscrimination clauses in this contract.

ARTICLE II

The Contractor shall in all solicitations or advertisements for employee placed on or behalf of the Contractors state that all qualified applicants will be employed without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or nation origin.

ARTICLE III

The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers representative of the Contractor’s equal employment opportunity and affirmative action commitments. Such notices shall be posted in conspicuous places available to employees and applicants for employment.

ARTICLE IV

The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Sun Prairie including the contract compliance requirements.

The Contractor warrants and certifies that one of the following paragraphs is true (check one):

Contractor has prepared and has on file an affirmative action plan that meets the format requirements of Federal Revised Order No. 4, 41 CFR part 60-2, as established by 43 FR 51400 November 3, 1978, including appendices required by City of Sun Prairie ordinances or it has prepared and has on file a model affirmative action plan approved by the City of Sun Prairie Finance Department.

Within thirty (30) days after the effective date of this contract, contractor will complete an affirmative action plan that meets the format requirements of Federal Revised Order No. 4, 41 CFR Part 60-2, as established by 43 FR 51400, November 3, 1978, including appendices required by the City of Sun Prairie within thirty (30) days after the effective date of this contract, it will complete a model affirmative action plan approved by the City of Sun Prairie Finance Department.

Contractor believes it is exempt from filing an affirmative action plan because it has fewer than fifteen (15) employees and has filed, or will file within thirty (30) days after the effective date of this contract, a form required by the City to confirm exempt status based on number of employees. If the City determines that the Contractor is not exempt, the Articles of Agreement will apply.

ARTICLE V

(This Article applies only to Public Works contracts.)

The Contractor agrees that it will comply with all provisions of the Affirmative Action policy of the City of Sun Prairie, including the contract compliance requirements. The Contractor agrees to submit the model affirmative action plan for Public Works Contractors in a form approved by the City of Sun Prairie Finance Department.

ARTICLE VI

The Contractor will maintain records as required by the City of Sun Prairie and will provide the City of…