RFB19-BM26-00-BD-SPECIFICATIONS.pdf

City Hall First Floor Police Dept.

Restroom Renovations

300 East Main Street Sun Prairie, WI 53590

RFB#19-BM26

SPECIFICATIONS

10/11/2019

Owner:

City of Sun Prairie 300 E. Main Street

Sun Prairie, WI 53590

Architect:

2453 Atwood Avenue Suite 209

Madison, WI 53704 608.310.5362

THIS PAGE INTENTIONALLY LEFT BLANK

City of Sun Prairie Toilet Room Remodel -First Floor

Table of Contents

TABLE OF CONTENTS

City of Sun Prairie First Floor Police Dept. Restroom Renovations

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 TOILET ROOM REMODEL-FIRST FLOOR

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 SAMPLE-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 STRUCTURE DEMOLITION

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES

06 40 23 INTERIOR ARCHITECTURAL WOODWORK

DIVISION 08 – OPENINGS

08 83 00 MIRRORS

DIVISION 09 - FINISHES

09 01 00 MAINTENANCE OF FINISHES

09 29 00 GYPSUM BOARD

09 30 00 TILING

09 67 23 RESINOUS FLOORING

09 91 00 PAINTING

DIVISION 10 - SPECIALTIES

10 21 13 TOILET COMPARTMENTS

10 28 00 TOILET, BATH, AND LAUNDRY ACCESSORIES

DIVISION 22 – PLUMBING

22 40 00 PLUMBING FIXTURES

Table of Contents

DIVISION 26 - ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL

DRAWING INDEX (11X17)

T100 TITLE SHEET

AD100 ENLARGED 1ST FLOOR-DEMOLTION PLAN

A100 ENLARGED 1ST FLOOR PLAN

A400 ENLRGED 1ST FLOOR-REFLECTED CEILING PLAN

A600 ROOM FINISH AND FIXTURE SCHEDULES

A601 INTERIOR ELEVATIONS-WOMENS TOILET ROOM

A602 INTERIOR ELEVATIONS MEN’S TOILET ROOM

First Floor Restroom Renovations

Official Notice of Bid 00 11 13-1

00 11 13

OFFICIAL NOTICE OF BID

CITY OF SUN PRAIRIE, WISCONSIN

RFB#19-BM26

The City of Sun Prairie Building Maintenance Department will receive written bids for the City of Sun Prairie Police Department First Floor Restroom Renovations until 2 p.m. local time, Tuesday 11/5/2019, at the City Clerk’s Office, 300 East Main Street, Sun Prairie, Wisconsin, 53590, at which time the bids will be publicly opened and read aloud.

Bids are invited on the following work: 11

City of Sun Prairie Police Dept. First Floor Restroom Renovations. Scope Includes: Removal and replacement of finishes & select plumbing fixtures in existing 1st floor toilet rooms and supporting plumbing work including but not limited to: Modifications to existing toilet facilities on 1st floor; flush valves, mixing valves, lighting fixtures, finishes and toilet accessories.

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

A Pre-bid conference will be held at 1:30pm local time on October 22, 2019 for the purposes of reviewing the site. Contact Chad Courtier, Building Maintenance Supervisor at 608-825-0763. a minimum of 24 hours in advance to arrange access to the site at any other time. Attendance of this conference is strongly encouraged by all bidders.

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 Architect – Isthmus Architecture, Inc. via email at rott@is-arch.com, with the RFB#19-BM26 in the subject line, no later than October 25, 2019. Replies may be issued within 24 hours by addenda and published on DemandStar and VendorNet. Questions received less than ten (10) days prior to the due date 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.

Publication dates: October 11, 2019 and October 18, 2019 51 mailto:submittals@kontextarchitects.com

Instruction to Bidders 00 21 13-1

00 21 13 2

INSTRUCTIONS TO BIDDERS 3

1. DEFINED TERMS5

Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions7 of the Construction Contract, have meanings assigned to them in the General Conditions. The term8 "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits9 a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and10 responsive Bidder to whom Owner (based on Owner's evaluation as thereinafter provided) makes11 an award. The term "Bidding Documents" includes the Official Notice, Instructions to Bidders, the12 Bid Form, Specifications, and the Contract Documents (including all Addenda issued prior to receipt13 of Bids).14

2. COPIES OF BIDDING DOCUMENTS16

2.1 Complete sets of Bidding Documents must be used in preparing Bids; neither the City nor the18

Building Maintenance Department assumes any responsibility for errors in misinterpretations 19 resulting from the use of incomplete sets of Bidding Documents. 20

2.2 The City and Building Maintenance Department in making copies of bidding documents available 22 on the above terms do so only for the purpose of obtaining bids on the work and do not confer 23 a license or grant for any other use. 24

3. QUALIFICATIONS OF BIDDERS26

To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within28 five days of the City's request evidence, such as financial data, previous experience, present29 commitments and other such data as may be called for below (or in the Supplementary Instructions).30 Each Bid must contain evidence of Bidder's qualifications to do business in Wisconsin or covenant31 to obtain such qualifications prior to award of the contract. A “Bidder’s Qualifications Statement is32 included for use.33

4. EXAMINATION OF BIDDING DOCUMENTS AND SITE35

4.1 It is the responsibility of each Bidder before submitting a Bid to:37 a 39 b 41 c 46 d 49 e 51

Examine the Bidding Documents thoroughly;

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.

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

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

Notify the Architect of all conflicts, errors or discrepancies in the Contract Documents. 52

4.2 On request in advance, the City will provide each Bidder access to the site to conduct such 54 explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall 55

Instruction to Bidders 00 21 13-2 clean up and restore the site to its former condition upon completion of such explorations (if 1 any). 2

4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that the 4

Bidder has complied with every requirement of Article 4, that without exception the Bid is 5 premised upon performing and furnishing the work required by the Bidding Documents and 6 such means, methods, techniques, sequences or procedures of construction as may be 7 indicated in or required by the Bidding Documents, and that the Bidding Documents are 8 sufficient in scope and detail to indicate and convey understanding of all terms and conditions 9 for performance and furnishing of the work. 10

5. INTERPRETATIONS AND ADDENDA12

5.1 All questions about the meaning or intent of the Bidding Documents are to be directed to the14

Architect via email at rott@is-arch.com . Interpretations or clarifications considered necessary by the Architect in response to such questions will be issued by Addenda via Demandstar and VendorNet. 17

5.2 All requests for interpretation must be received at least Ten (10) days prior to the date fixed 19 for the opening of Bids. Addenda will be issued no later than Ten 10 days prior to the date 20 fixed for the opening of Bids. Failure of any Bidder to receive any such Addendum or 21 interpretation shall not relieve such Bidder from any obligations under his Bid as submitted. All 22 Addenda so issued shall become part of the Bidding Documents. 23

5.3 Oral and other interpretations or clarifications will be without legal effect. 25

5.4 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the 27

City or the Architect. 28

6. BID SECURITY30

6.1 Each Bid must be accompanied by bid security made payable to the City in an amount of ten32

(10) percent of the Bidder's maximum Bid price and in the form of a certified or bank check or33 a Bid Bond (on form attached) issued by a surety meeting the approval of the City.34

6.2 The Bid security of the successful Bidder will be retained until such Bidder has executed the 36

Agreement and furnished the required contract security, whereupon the Bid security will be 37 returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the 38 required contract security within fifteen days after the Notice of Award, the City may annul 39 the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of 40 other Bidders whom the City believes to have a reasonable chance of receiving the award may 41 be retained by the City until the earlier of the seventh (7th) day after the effective date of the 42 Agreement of the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished 43 by such Bidders will be returned. Bid security with bids that are not competitive will be 44 returned within seven (7) days after the Bid opening. 45

7. CONTRACT TIME47

The numbers of days within which, or the dates by which, the work is to be substantially49 completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the50 Agreement.51

Instruction to Bidders 00 21 13-3

8. LIQUIDATED DAMAGES1

Does not apply to this project.3

9. SUBSTITUTE OR "OR-EQUAL" ITEMS5

The contract, if awarded, will be on the basis of materials and equipment described in the7 drawings or specified in the Specifications without consideration of possible substitute or "or-8 equal" items. Whenever it is indicated in the drawings or specified in the specifications that a9 substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if10 acceptable to the Architect, application for such acceptance will not be considered by the11 Architect, until after the effective date of the Agreement.12

10. SUB-CONTRACTORS, SUPPLIERS AND OTHERS14

10.1 If the Supplementary Conditions require the identity of certain Sub-Contractors, suppliers16 and other persons and organizations (including those who are to furnish the principal items 17 of material and equipment) to be submitted to the City in advance of the specified date prior 18 to the effective date of the Agreement, the apparent successful Bidder, and any other 19 Bidder so requested, shall within seven days after the bid opening submit to the City a list of 20 all such Sub-Contractors, suppliers and other persons and organizations proposed for those 21 portions of the work for which such identification is required. Such list shall be accompanied 22 by an experience statement with pertinent information regarding similar projects and other 23 evidence of qualification for each such Sub-Contractor, supplier, other person or 24 organization, either may before the Notice of Award is given request the apparent 25 successful Bidder to submit an acceptable substitute without an increase in Bid price. If 26 apparent successful Bidder declines to make any such substitution, the City may award the 27 contract to the next lowest Bidder that proposes to use acceptable Sub-Contractors, 28 suppliers and other persons and organizations. The declining to make requested 29 substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any 30 Sub-Contractor, supplier, other person or organization listed and to whom the City or the 31 Building Maintenance Supervisor does not make written objection prior to the giving of the 32 Notice of Award will be deemed acceptable to the City and the Supervisor subject to 33 revocation of such acceptance after the effective date of the Agreement. 34

10.2 In contracts where the Contract Price is on the basis of cost of the work plus a fee, the 36 apparent successful Bidder, prior to the Notice of Award, shall identify in writing to the City 37 those portions of the work that such Bidder proposes to subcontract and after the Notice of 38 Award may only subcontract other portions of the work with the City's written consent. 39

10.3 No Contractor shall be required to employ any Sub-Contractor, supplier, other person or 41 organization against which Contractor has reasonable objection. 42

11. INCOME TAX44

All Bidders, whether a corporation, partnership, or individual, who are nonresidents of the State of46 Wisconsin, shall comply with Section 71.10 (14) of the Wisconsin Statutes.47

Instruction to Bidders 00 21 13-4

12. SALES AND EXCISE TAX1

The City of Sun Prairie and its agencies are exempt from payment of all federal tax and Wisconsin3 state and local taxes on its purchases except Wisconsin excise tax. Each Bid shall include all taxes4 in effect at the time the Bid is submitted. Bidders who are uncertain as to what items are subject5 to tax, or who required further explanation or clarification, are requested to contact the6 Wisconsin Department of Taxation, State Office Building, Madison, Wisconsin. If the tax laws are7 subsequently amended by legislation during the life of this Contract, the Contract will be adjusted8 to reflect the net change caused by such amendment.9

13. BID FORM11

13.1 The Bid Form is included with the bidding documents. The Bid must not be separated from13 the attached volume. 14

13.2 All blanks on the Bid Form must be completed in ink. The price of each item on the form 16 must be stated in words and numerals. In case of a conflict, words will take precedence. 17

13.3 Bids by corporations must be executed in the corporate name by the President or Vice 19

President (or other corporate office accompanied by evidence of authority to sign) and the 20 corporate seal must be affixed and attested by the Secretary or an Assistant Secretary. The 21 corporate address and state of incorporation must be shown below the signature. 22

13.4 Bids by partnerships must be executed in the partnership name and signed by a partner, 24 whose title must appear under the signature and official address for the partnership must be 25 shown below the signature. 26

13.5 All names must be printed below the signature. 28

13.6 The bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which 30 must be filled in on the Bid Form). 31

13.7 The address and telephone number of communications regarding the Bid must be shown. 33

13.8 All Bids must be signed before a Notary Public or other Officer authorized to administer 35 oaths. 36

14. SUBMISSION OF BIDS38

14.1 Bids shall be submitted at the time and place indicated in the Official Notice of Bid and shall40 be enclosed in an opaque sealed envelope, marked with the project title (and, if applicable, 41 the designated portion of the project for which the Bid is submitted) and name and address 42 of the Bidder and accompanied by the bid security and other required documents. If the Bid 43 is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a 44 separate envelope with the notation "BID ENCLOSED" on the face of it. 45

14.2 No bid will be considered which is received after the closing time. 47

15. MODIFICATION OR WITHDRAWAL OF BIDS49

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner51 that a Bid must be executed) and delivered to the place where Bids are to be submitted at any52 time prior to the opening of Bids.53

Instruction to Bidders 00 21 13-5

16. OPENING OF BIDS1

Bids will be opened and (unless obviously non-responsible) read aloud publicly. An abstract of the3 amounts of the base bids and major alternates (if any) will be made available to Bidders after the4 opening of Bids. Upon opening of bids, the city of Sun Prairie shall become the owner of all5 submitted bids and bids are subject to open records requests.6

17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE8

All Bids will remain subject to acceptance for sixty days after the day of the Bid opening, but the10 City may, in its sole discretion, release any Bid and return the Bid security prior to that date.11

18. PUBLIC RECORD LAW COMPLIANCE13

It is the intention of City to maintain an open and public process in the solicitation, submission,15 review, and approval of contacts.16 a The parties acknowledge that City is a municipal corporation legally bound to comply with 18 the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 and 19 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an 20 exception to the Public Record Law and confidential, all aspects of this agreement are 21 subject to open disclosure and are a matter of public record. It is further agreed to that 22 neither party will take any action to obstruct the operation of these laws. To comply with 23 any request under said Public Record Law, the provider/contractor herein shall produce 24 copies of all materials, gathered or produced or modified pursuant to this Contract to City, 25 in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without 26 profit. According to Wisconsin case law, even if records are created or maintained by, or in 27 the custody of, the provider as an independent contractor, they, along with the raw data 28 used to create the record, are nevertheless public records that must be made available to 29 the public within a reasonable time and without delay upon request by any person, and in 30 the format in which they were created. Provider/contractor agrees to hold City, its agents, 31 officials and employees harmless and to indemnify them and City for all costs, fees, 32 including all reasonable attorney fees and expenses of all kinds, and any judgments, orders, 33 injunctions, writs of mandamus, and damages or expense of whatever kind for which City 34 or its agents, officials or employees may expend or be held liable due to the 35 Provider/contractor’s failure to comply with the Wisconsin Public Records and Open 36 Meetings laws, or with this Agreement. 37 b Any Public Records Law request received directly by a contractor related to this Contract 39 with City shall immediately be reported to the City Administrator. 40

19. AWARD OF CONTRACT42

19.1 The City reserves the right to reject any and all Bids, to waive any and all informalities not44 involving price, time or changes in the work and to negotiate contract terms with the 45 successful Bidder, and the right to disregard all non-conforming, non-responsive, 46 unbalanced or conditional Bids. Also, the City reserves the right to reject the Bid of any 47 Bidder if the City believes that it would not be in the best interest of the project to make an 48 award to the Bidder, whether because the Bid is not responsive or the Bidder is unqualified 49 or of doubtful financial ability or fails to meet any other pertinent standard or criteria 50 established by the City. 51

19.2 Discrepancies in the multiplication of units of work and unit prices will be resolved in favor 53 of the unit prices. Discrepancies between the indicated sum of any column of figures and 54 the correct sum thereof will be resolved in favor of the correct sum. 55

Instruction to Bidders 00 21 13-6

19.3 Bids which are incomplete, unbalanced, conditional or obscure or which contain additions 1 not called for, erasures, alterations, or irregularities of any kind, or which do not comply with 2 the Instructions to Bidders may be rejected at the option of the City. 3

19.4 In evaluating Bids, the City will consider the qualifications of the bidders, whether or not the 5

Bids comply with the prescribed requirements, and such alternates, unit prices and other 6 data, as may be requested in the Bid Form or prior to the Notice of Award. 7

19.5 The City may make such investigations as it deems necessary to determine the ability of the 9 bidder to perform the work, and the Bidder shall furnish to the City all such information and 10 data for this purpose as the City may request. The City reserves the right to reject any Bid if 11 the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such 12 Bidder is properly qualified to carry out the obligations of the Contract Documents and to 13 complete the work contemplated therein. 14

19.6 The City shall be satisfied that the Bidder involved: 16

1. maintains a permanent place of business;17

2. has adequate plant equipment to do the work properly and expeditiously;18

3. has a suitable financial status to meet obligations incident to the work;19

4. has appropriate technical experience; and20

5. can submit a satisfactory performance record.21

19.7 The City may consider the qualifications and experience of Sub-Contractors, suppliers, and 23 other persons and organizations proposed for those portions of the work as to which the 24 identity of Sub-Contractors, suppliers, and other persons and organizations must be 25 submitted as provided in the Supplementary Conditions. The City also may consider the 26 operating costs, maintenance requirements, performance data and guarantees of major 27 items of materials and equipment proposed for incorporation in the work when such data is 28 required to be submitted prior to the Notice of Award. 29

19.8 The City may conduct such investigations as the City deems necessary to assist in the 31 evaluation of any Bid and to establish the responsibility, qualifications and financial ability of 32 Bidders, proposed Sub-Contractors, suppliers, and other persons and organizations to 33 perform and furnish the work in accordance with the Contract Documents to the City's 34 satisfaction with the prescribed time. 35

19.9 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by 37 the City indicates to the City that the award will be in the best interest to the project. 38

19.10 If the contract is to be awarded, the City will give the successful Bidder a Notice of Award 40 within sixty (60) days after the day of the Bid opening. 41

20. CANCELLATION43

The City of Sun Prairie reserves the right to cancel any contract in whole or part without penalty45 due to no appropriation of funds or for failure of the Contractor to comply with the terms,46 conditions, and specifications of this contract.47

21. CONTRACT SECURITY49

When the successful Bidder delivers the executed Agreement to the City, it must be accompanied51 by the required performance and payment bonds.52

Instruction to Bidders 00 21 13-7

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.

25. SITE NOTICE

The Sun Prairie Police Department is a secure facility with access governed by the Criminal Justice Information Services (CJIS) Security Police, and as such every individual working at the site, including employees of the contractor and all subcontractors, shall be subject to a background check and fingerprinting prior to entry into the work site. This process may take up to a week or longer, and the successful bidder is responsible for obtaining clearance for employees and subcontractors prior to entry on the site.

Bid Form 00 41 00-1

00 41 00

BID FORM

To: City of Sun Prairie, Building Maintenance Department

300 East Main Street, Sun Prairie, WI 53590

From: (Contractor)

(Business Address)

(City, State, Zip)

(Telephone Number)

(Email)

For: RFB# 19-BM026 City Hall First Floor Restroom Renovations Due:

02:00 P.M. (Central Time), November 5, 2019

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 Feb.

14, 2020. Construction duration will last no longer than 5 weeks.

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

Bid Form 00 41 00-2 writing by the Owner. The 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

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

Bid Form 00 41 00-3

( ) 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

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 ___________________, 2019.

THE CONDITION OF THIS OBLLIGATION 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 Qualifications (Form) 00 45 13-1

00 45 13

BIDDERS QUALIFICATIONS STATEMENT

CORPORATION ( )

PARTNERSHIP ( )

INDIVIDUAL ( )

JOINT VENTURE ( )

OTHER ( )

SUBMITTED BY:

NAME:

ADDRESS:

PRINCIPAL OFFICE:

RE: RFB# 19-BM26

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.

Bidder’s Qualifications (Form) 00 45 13-2

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

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 ___________, 2019.

Name of Organization: ___________________________________________________________________

By:____________________________________________________________________________________

Printed Name:____________________________________________________________________________

Title:__________________________________________________________________________________

CITY OF SUN PRAIRIE

CONTRACT FOR

CONSTRUCTION SERVICES

Contract #: RFB #19-BM05 Title: City Hall First Floor Restroom Renovations Department: Building Maintenance Department Start Date: START DATE End Date: END DATE

Peter Highlight

Sample Contract – Construction Services 00 52 13-2

Table of Contents

I. NOTICE TO

CONTRACTOR……………………………………………………………………………………………..3

A. Parties….………..………………………………………………………………………………………………..3 B. Purpose…………………………………………………………………………………………………………...3 C. Scope of Services and Schedule of Payments……………………………………………………3 D. Term and Effective Date……………………………………………………………………………..……3 E. Entire Agreement………………….………………………………………………………………………...3 F. Assignability/Subcontracting………………………………...………………………………………...4 G. Designated Representative.…………………………..………………………………………………...4 H. Prosecution and Progress…………………………………………………………………………………4 I. Amendment………………………………………………………………..…………………………………..5 J. Extra Services………………………………………………………………………………………….……….5 K. No Waiver………….……..………….………………………………………………………………………...5 L. Non-Discrimination………..……………………………………….…………………………………….…5 M. Affirmative Action….…….………….………..……………………………………………………….……6 N. Severability…….……………………...……..………………………………………………………………..9 O. Notices…………………………...…..………..……………………… P. Status of Contractor/Independent/Tax Filing.……..…………………………………………10 Q. Goodwill………………………………………………………………………………………………………..10 R. Third Party Rights………………………………………………………………………………………..…10 S. Audit and Retaining of Documents………………………………………………………………...10 T. Choice of Law and Forum Selection……………………………………………………………..…11 U. Compliance with Applicable Laws…………………………………………………………………..11 V. Conflict of Interest…………………………………………………………………………………….……11 W. Compensation…………………………………………………………………………………………..……11 X. Basis for Payment…………………………………………………………………………………………..11 Y. Default/Termination……………………………………………………………………………………...13 Z. Indemnification…………………………………………………………………………………………...…13

AA. Laws/Regulations/Permits………………………………………………………………………………...14 BB. Safety and Security…………………………………………………………………………………….……14 CC. Insurance……………………………………………………………………………………………………..…15 DD. Ownership of Contract Product……………………………………………………………………..…18 EE. Public Record Law Compliance…….………………………………………………………………….19 FF. Living Wage……………………………………………………………………………………………………..19 GG. Weapons Prohibition……………………………………………………………………………………….19 HH. IT Network Connection Policy……………………………………………………………………… II. Authority………………………………………………………………………………………………………...20 JJ. Counterparts, Electronic Delivery……………………………………

II. SCOPE OF SERVICES - Description of Services/Commodities…….……………………………………..21

III. REQUIRED FORMS………………………………………………………………………………………………………

Sample Contract – Construction Services 00 52 13-3

CONTRACT FOR PURCHASE OF SERVICES

Between the City of Sun Prairie and NAME OF VENDOR

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 Name, of City, State, 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): Contract Documents, Plans and Specifications Dated 02/11/2019.

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.

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.

Sample Contract – Construction Services 00 52 13-4

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

a. 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.

b. 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

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

b. 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.

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

d. 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.

Sample Contract – Construction Services 00 52 13-5

e. 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.

Sample Contract – Construction Services 00 52 13-6

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

1. 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.

2. 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.

3. 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.

Sample Contract – Construction Services 00 52 13-7

4. 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.

5. 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…