WSG 1-23_SPEC.pdf

CONTRACT DOCUMENTS

BIDDER’S PROPOSAL

for

PUBLIC WORKS

CONSTRUCTION

“WSG 1-23 TRUCK WASH BEAM REPLACEMENT”

NOTE TO BIDDERS

ANY DESIGN QUESTIONS PERTAINING TO THIS PROJECT SHALL BE

DIRECTED TO:

DEPARTMENT OF PUBLIC WORKS

100 N. JEFFERSON STREET

GREEN BAY, WI 54301

(920) 448-3100

Only the Bidder’s Proposal Pages, Bid Bond or Certified Check, and any

Addenda issued shall be submitted.

CONTRACTOR:

CONTRACT AWARDED ON: ,

I HEREBY APPROVE OF THE LEGAL FORM OF THE CONTRACTS

AND BONDS HEREIN.

CITY ATTORNEY DATE

I HEREBY CERTIFY THAT THE NECESSARY FUNDS HAVE BEEN

ALLOCATED TO PAY FOR THE WORK IDENTIFIED IN THE

CONTRACTS HEREIN.

CITY COMPTROLLER DATE

I HEREBY CERTIFY THAT THE REQUISITE PROOF OF INSURANCE

FOR THE WORK DESCRIBED IN THE CONTRACTS HEREIN HAS BEEN

PROVIDED.

RISK MANAGEMENT DIVISION DATE

PAGE INTENTIONALLY LEFT BLANK

Comm. No. 22CGB14.00 00 11 00-1

SECTION 00 11 00

NOTICE TO CONTRACTORS

Contract: WSG 1-23 Truck Wash Beam Replacement

City of Green Bay, Wisconsin

Sealed proposals will be received in the Office of the City Clerk/Treasurer of the City of

Green Bay, Room 106, City Hall, 100 North Jefferson Street, Green Bay, Wisconsin, 54301 until

2:00 P.M. on June 6, 2023 at which time they will be opened in Room 310, City Hall, for Public

Works Improvement Contract:

WSG 1-23 Truck Wash Beam Replacement in accordance with the contract documents, all of which are on file in the City

Clerk’s/Treasurer’s Office and the Director of Public Works Office in the Green Bay City Hall.

In general, the Project involves removal and replacement of damaged structural beam and surroundings walls. Removal of overhead door, relocation of HVAC roof equipment and subsequent patching.

A pre-bid meeting will be held at the West Side Municipal Garage located at 519 S. Oneida

Street at 10:00 A.M., May 24, 2023.

Bids will be received for one contract which includes all Work necessary and/or required to complete the project per the Contract Documents.

All work required in this contract shall be completed by September 29, 2023.

The Contract Documents, including plans and specifications, may be examined electronically and downloaded at www.demandstar.com or http://vendornet.state.wi.us/vendornet .

The work shall be let in accordance with the following Sections of the Wisconsin Statutes.

1. Section 62.15 regarding public works construction.

2. Section 779.15 regarding lien on contractors

3. Section 66.0901(2) regarding proof of responsibility.

All bidders shall provide proof of responsibility on the form furnished by the Director of Public

Works and it shall be filed with the Director of Public Works not less than five (5) days prior to the time set for opening of bids. Proof of Responsibility form can be found on the City’s website:

https://greenbaywi.gov/796/engineering. Said proof of responsibility shall not be valid if filed prior to one year of the date of opening bids.

In accordance with Section 42.2 of the City of Green Bay Code of Ordinances, any corporation, firm, or individual violating Chapter 133.01 of the Wisconsin Statutes, or any subsequent amendment thereof, shall upon conviction thereof be thereby disqualified as a bidder on any

City of Green Bay project for a period of three (3) years from the date of such conviction;

however, nothing herein shall be interpreted to preclude such corporation, firm, or individual http://vendornet.state.wi.us/vendornet https://greenbaywi.gov/796/engineering

Comm. No. 22CGB14.00 00 11 00-2 from completing any and all contracts he/she may already have with the City at the time of such conviction, nor shall this ordinance be applied retroactively to convictions occurring prior to the adoption and publication of this ordinance. This prohibition applies with like force to officers of convicted corporations, firms, or individuals who thereafter have business interest in new corporations or business enterprises of whatever kind or description.

Sealed bids shall be delivered and addressed to the City Clerk/Treasurer, Room 106, City Hall, 100 North Jefferson Street, Green Bay, Wisconsin, 54301.

The City of Green Bay, Wisconsin reserves the right to reject any or all bids and to waive any informalities in bidding.

No bids shall be withdrawn after the opening of bids without the consent of the City of Green

Bay, Wisconsin for a period of sixty (60) days after the scheduled time for closing bids.

All proposals must be submitted on the Bidder's Proposal provided for that purpose and issued to the specific bidder by the Director of Public Works together with a certified check or a bid bond equal to at least five (5) but not more than ten (10) percent of the bid payable to the

City of Green Bay as a guarantee that if his/her bid is accepted, he/she will execute and file the contract and a performance bond in the amount of one hundred percent (100%) of the total bid within ten (10) days after the award of the contract. Only the Proposal Pages, Bid Bond or Certified Check, and any Addenda issued shall be submitted.

In case the successful bidder shall fail to execute such contract and performance bond, the amount of the check or bid bond shall be forfeited to the City as liquidated damages.

Published by the authority of the Improvement & Services Committee of the Common Council of the City of Green Bay, Wisconsin.

Advertised: May 12, 2023 By: Mark Steuer, Chairperson

May 19, 2023

May 26, 2023

Comm. No. 22CGB14.00 00 21 00-1

SECTION 00 21 00

INSTRUCTIONS TO BIDDERS

1. SUBMISSION OF BIDS

A. Proposals must be placed in a sealed envelope addressed to the City Clerk/Treasurer, Room 106, City Hall, 100 North Jefferson Street, Green Bay, Wisconsin, 54301 and marked

“WSG 1-23 Truck Wash Beam Replacement”. The sealed envelope shall also be marked to indicate the base bid or part for which the bid is being submitted (e.g. - Part "A", Part "A" and Part "B", Base Bid 3, or Base Bid 1 and Base Bid 4).

B. The legal business name of the contractor submitting the proposal shall also appear on the outside of the sealed envelope.

C. Bidders are to submit their proposal on the Bidder's Proposal form provided. Only the

Bidder’s Proposal Pages, Bid Bond or Certified Check, and any Addenda issued shall be submitted.

2. PROOF OF RESPONSIBILITY

A. Each bidder shall demonstrate qualifications to the satisfaction of the Improvement and

Services Committee. All bidders shall provide proof of responsibility on the form furnished by the Director of Public Works, and it shall be on file with the Director of Public Works not less than five (5) calendar days prior to the date and time set for opening of bids.

Said proof shall include written evidence that bidder maintains a permanent place of business, has adequate labor and equipment to perform the work properly and expeditiously, has adequate financial capability, has adequate experience, and has authority to conduct business in the State of Wisconsin.

1. Forms are located on City’s website: https://greenbaywi.gov/796/Engineering.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Before submitting a bid, each bidder shall:

1. Examine the Contract Documents thoroughly, including work required by other trades;

2. Visit the site to become familiar with local conditions that may in any manner affect cost, progress, and performance of furnishing the work

3. Become familiar with federal, state, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, and performance of furnishing the work; and

Comm. No. 22CGB14.00 00 21 00-2

4. At bidder’s own expense, make such surveys and investigations as may be deemed necessary to determine a bid price for performance of the work within the terms of the Contract Documents. (NOTE: Bidder shall obtain property owner’s permission, as necessary, prior to commencement of any such activity).

B. Bidder shall promptly notify Engineer, at least five (5) calendar days prior to bid opening, of any conflicts, errors, ambiguities, or discrepancies which bidder has discovered in or between the Contract Documents and such other related documents.

4. INTERPRETATION OF CONTRACT DOCUMENTS

A. All questions about the meanings or intent of the Contract Documents shall be submitted to the Engineer in writing. Replies will be issued by addendum posted on www.demandstar.com or http://vendornet.state.wi.us/vendornet. Only questions answered by formal written addendum shall be binding. Oral and other interpretations or clarifications shall be without legal effect.

B. In order to guarantee a response, questions shall be submitted no later than four (4) calendar days prior to the bid opening date. Engineer shall attempt to address questions up to twenty-four (24) hours prior to the bid opening but shall not guarantee such a response. No questions submitted less than twenty-four (24) hours prior to the bid opening shall be addressed.

5. SUBSTITUTION OF MATERIALS

A. Certain materials are specified by manufacturer in order to establish standards of quality, not to limit competition. Where an item of material is specified to be a certain manufacturer’s make, then the Bidder’s Proposal shall include such material as specified unless approved otherwise.

B. Up to seven (7) days prior to the bid date, a bidder or manufacturer may request approval in writing of an item of material by submitting adequate product data to the

Engineer for evaluation. Included with the product data shall be a list of five (5) or more similar projects where the product has been used under similar conditions. The list of projects shall include their location and the name and phone number of the owner’s representative. The substitute product shall have been in place for a minimum of three (3) years at each location. Notice of approval shall be given only by an addendum issued by the Engineer. No verbal or other written approval will be given.

C. Within ten (10) days after award of Contract, the Contractor may submit alternate proposals for other kinds of material that they consider equal to those specified.

These proposals for substitute products shall be submitted in writing to the Engineer for evaluation. There shall be included all pertinent product data and samples thereof as well as a listing of five (5) or more similar projects where the product has been used under similar conditions. The list of projects shall include their location and name and phone number of the owner’s representative. The substitute product shall have been in place for a minimum of three (3) years at each location. Any cost differences shall be included with submittal. If the requested change is acceptable to the Engineer, then a change order will be prepared. If the requested change is not acceptable, the Contractor shall be obligated to furnish the item as specified.

http://www.demandstar.com/ http://vendornet.state.wi.us/vendornet

Comm. No. 22CGB14.00 00 21 00-3

6. ESTIMATE OF QUANTITIES

A. An estimate of the quantity of work to be performed under the Contract is stipulated in the proposal. The quantities of work may be considered as approximate and for comparison of bids only. The City does not guarantee nor imply that the actual quantities involved in the work will correspond exactly therewith and shall not be liable for any misunderstanding as to the exact quantities, location, or conditions pertaining to the work. No adjustment in the contract unit prices will be made due to any variance between bid quantities and the actual measured quantities.

7. PERMITS AND LICENSES

A. Bidder is responsible, unless otherwise noted in the Agreement, for determining the applicable permits, licenses, and other approvals and authorizations required by law for performance of work and shall include such costs in their Bidder’s Proposal.

No extra compensation shall be paid by the City to the successful bidder for failure to include these costs in its Bidder’s Proposal.

8. DISCLOSURE OF OWNERSHIP

A. Each bidder submitting a bid shall execute the Disclosure of Ownership Form

DWD-ERD-7777 (R. 01/2011), if applicable.

B. Any bidder disclosing information hereunder is aware of and agrees to be bound by

Chapter DWD 294, Wisconsin Administrative Code.

9. SUBSTANCE ABUSE PREVENTION AFFIDAVIT

A. Each bidder submitting a bid on Contract shall execute the Affidavit of Compliance with

Section 103.503, Wisconsin Statutes, regarding substance abuse prevention on public works contracts.

10. SUBCONTRACTORS

A. Section 66.0901(7), Wis. Statutes, provides that a bidder, as part of the proposal, shall submit a list of Subcontractors proposed to be used on the contract with and the class of work to be performed by, provided that to qualify for such listing each Subcontractor must first submit their bid in writing to the general contractor at least 48 hours prior to the time of the bid closing. It further provides that a proposal of a bidder shall not be invalid if any subcontractor, and the class of work to be performed by such subcontractor, has been omitted from the proposal.

B. No subcontract, whether listed or later proposed, may be entered into without the written consent of the Engineer.

C. The Contractor shall not sublet over fifty (50) percent of the total Contract amount without written consent of the Engineer.

Comm. No. 22CGB14.00 00 21 00-4

11. TIME OF COMPLETION

A. Time of completion of each part of the work under the Contract will be specified in the Contract Documents as a specific number of work days, calendar days including

Sundays and Holidays, or a given calendar day on or before which the work shall be completed, as well as a fixed and agreed amount of liquidated damages due the City from the Contractor for failure to complete the work in the specified time. It is agreed and understood that the completion of the work within the time as specified is an integral part of the Contract. The starting date of the Contract will be the date the

Contractor begins work on that particular part of the Contract, but in no event will it be later than the date the Engineer requests the Contractor to begin work on that particular part of the Contract by written notification.

B. Work shall be prosecuted effectively and diligently to completion. Once work on the

Contract has commenced, the contractor shall proceed continuously to completion.

Failure to begin operations, or failure to diligently prosecute the work, may be considered as a breach of Contract and render the Contractor liable to action under the Contract, or the revocation or suspension of the Contractor’s privilege to bid additional work, or both. Failure to proceed continuously in prosecution of the work, may also result in the denial to authorize work during weekends or holidays.

C. In the event that the Contractor is successful in being awarded more than one part of a Contract, or multiple City contracts, the work shall be performed on each part or Contract concurrently and continuously in order that the completion dates are met.

Prior to being awarded two or more parts or Contracts, the Contractor shall submit to the

Engineer, in writing, a work schedule and evidence that the Contractor has adequate labor and equipment to meet the completion dates of all Contract parts.

D. Contract time will not be charged during periods of complete suspension of operations, when approved by the City in conjunction with an order by the Engineer suspending operations.

E. Contract time may be extended in an amount as is mutually agreed upon by the

Engineer and the Contractor, on the basis of contract change orders involving alterations in the Contract affecting the prosecution of work, or involving extra or additional work, when such alterations are necessary for the purpose or convenience of the City when such extra additional work is of such character or is ordered to be done at such a time that the amount of time reasonably necessary to perform such work is disproportionate to the contract specific originally set up in the proposal.

Any agreement for extended time on this account shall be arrived at concurrently with and as a part of the consideration for the specific alteration or extra or additional work covered by that order.

F. Permitting the Contractor to continue working after the expiration of the time fixed for its completion or after the date of time extension shall in no way act as a waiver on the part of the City for any of its rights under the Contract.

Comm. No. 22CGB14.00 00 21 00-5

G. Should the Contractor fail to complete any part of the work as specified in the Contract, or within such extra time as may have been allowed by contract time extensions, there shall be deducted from any monies due or that may become due the Contractor, or in the event no monies are due, the Contractor shall pay to the City, a sum of money as stipulated in the Contract for each and every work day or calendar day as specified by the Contract that the work shall remain uncompleted. This sum shall be considered and treated not as a penalty but as a fixed, agreed, and liquidated damages due the

City from the Contractor by reason of inconvenience to the public, added cost of engineering and supervision and other items which have caused an expenditure of public funds resulting from failure to complete the work within the time specified in the

Contract.

H. Five Hundred Dollars ($500.00) per calendar day shall be charged as liquidated damages for failure to complete the work within the time frame specified.

No time extensions will be given due to delays by other contractors.

I. If the Contractor does not complete the work within the contract time of within the extra time allowed under Engineer-granted time extensions, the Owners will assess liquidated damages. The Owner will deduct a specified sum from payments due the Contractor for every calendar day that the work remains incomplete.

J. This deducted sum is not a penalty but is a fixed, agreed, liquidated damage due the

Owner from the Contractor by reason of inconvenience to the public, the added cost of engineering and supervision, and the other items that have caused an expenditure of public funds resulting from the Contractor’s failure to complete the work within the contract time.

K. Unless modified elsewhere in the Contract Documents, the Owner will assess liquidated damages.

L. If the Owner allows the Contractor to continue to finish the work or any part of it after the contract time expires, the Owner waives no rights under the Contract.

12. BID DEPOSIT

A. No bid shall be considered unless accompanied by a bid deposit of the character and amount described in the Notice to Contractors.

B. The City will return the bid deposit of unsuccessful bidders following the award of the

Contract by the Common Council. The bid deposit for the successful bidder will be returned following the execution of the Contract and submittal of required Performance and Payment Bond within ten (10) calendar days after the award of the Contract.

13. REQUIREMENTS FOR SIGNING PROPOSALS

A. Proposals that are not signed by individuals making them should have attached thereto a power of attorney evidencing authority to sign the proposal in the name of the person to whom it is signed.

Comm. No. 22CGB14.00 00 21 00-6

B. Proposals that are signed for a partnership should be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the proposal a power of attorney evidencing authority to sign the proposal executed by the partners.

C. Proposals that are signed for a corporation should have the correct corporate name thereof and the signature of the president or other authorized officer of the corporation, manually written in the signature block. If such a proposal is manually signed by an officer other than the president of the corporation, a certified copy of a resolution of the

Board of Directors evidencing the authority of such official to sign the proposal should be attached to it. Such proposal should also bear the attesting signature of the secretary of the corporation and the impression of the corporate seal.

14. WITHDRAWAL OF BIDS

A. All proposals filed with the City will be kept secure and unopened and will not be allowed to pass out of the custody of a representative for the City, except on written request of the bidder or the bidder’s authorized representative made prior to the time set for receipt of proposals, and if such withdrawal is made, such prospective bidder shall not be entitled to bid on the Contract at hand unless the same is re-advertised and proposals are again requested upon such advertisement.

B. No bid shall be withdrawn after the opening of the bids without the consent of the City for a period of sixty (60) days after the bid opening.

15. OPENING OF BIDS

A. Bids will be publicly opened on the date, time and place as indicated in the Notice to Contractors.

16. AWARD OF CONTRACT

A. The Contract will be awarded to the responsible bidder submitting the lowest acceptable base bid plus any accepted alternates. The City reserves the right to reject the bid of any bidder who, in the opinion of the Improvement & Services Committee, is incompetent or otherwise unreliable for the performance of the work bid.

The City further reserves the right to reject any and all proposals, to waive technicalities, to re-advertise for bids, or to proceed to do the work otherwise, if in the judgment of the

Improvement and Services Committee the best interest of the City will be served thereby.

17. BIDS TO REMAIN OPEN

A. All bids shall remain open for sixty (60) calendar days after the date of the bid opening unless otherwise noted in the Notice to Contractor.

18. WHEN AWARD EFFECTUAL

A. The Contract shall be deemed as having been awarded when a written notice of award has been duly served to the successful bidder by an officer or agent of the City duly authorized to give such notice.

Comm. No. 22CGB14.00 00 21 00-7

19. INSTRUCTIONS FOR SIGNING CONTRACT

A. If the Contract is signed by the secretary of the corporation, the certificate as to

Corporate Principal should be executed by some other officer of the corporation, under the corporate seal. In lieu of aforementioned certificate, there may be attached to the

Contract copies of such records of the corporation as will show the official character and authority of the officers signing, duly certified by the secretary or assistant secretary under the corporate seal to be true copies.

B. The full name and business address of the Contractor should be inserted and the

Contract should be signed with his/her official signature. The name of the signing party or parties shall be typewritten or printed under all signatures to the Contract. Contracts that are signed for a partnership should be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there should be attached to the

Contract a power of attorney evidencing authority to sign the Contract executed by the partners.

C. If the Contractor is an individual, the trade name (if the Contractor is operating under a trade name) should be indicated in the Contract and such individual should sign the

Contract. Contracts that are not signed by individuals making them should have attached thereto a power of attorney evidencing authority to sign the Contract in the name of the person to whom it is signed.

20. PERFORMANCE AND PAYMENT BOND

A. The Contractor shall file with the City, within ten (10) calendar days after the written

Notice of Award, a Payment and Performance Bond on the prescribed form in the full amount of the contract price as security for the payment of all persons supplying labor, services, and materials for the execution of the work and the faithful performance of the

Contract. The bond shall remain in effect for a period of one year after the date of final acceptance of the work by the City. The surety furnishing this bond shall have a sound financial standing, a record of service satisfactory to the City, and shall be authorized to do business in the State of Wisconsin.

1. Prescriptive Forms

a. AIA Document A312-2010 Performance Bond

b. AIA Document A312-2010 Payment Bond

WSG 1-23 Truck Wash Beam Replacement P-1

BIDDER'S PROPOSAL

PUBLIC WORKS IMPROVEMENTS CONTRACT: WSG 1-23 Truck Wash Beam Replacement

TO THE:

Improvement and Services Committee

The undersigned Bidder, having carefully examined in detail all contract documents, drawings, and specifications for this contract, “WSG 1-23 Truck Wash Beam Replacement” which are on file in the office of the City Clerk/Treasurer at the City Hall, 100 North Jefferson Street, Green Bay, Wisconsin, and fully understanding the local conditions affecting the cost of the work, hereby proposes to furnish all labor, materials, tools, and equipment to perform the work stipulated in, required by, and in accordance with the proposed contract documents referred to therein (as altered, amended, or modified by addenda) and for and in consideration of the following prices.

Item No. Description Est. Qty. Unit Price Total

1.00 Lump sum for the work $

Alternate Bid 1 Exhaust Vent / Roof Patching $

Total “WSG 1-23 Truck Wash Beam Replacement” $

Bidder has executed the Disclosure of Ownership Form DWD-ERD-7777 (R.01/2011)

Yes Not Applicable

Bidder proposes to employ the following subcontractors for the stated categories of work within the contract:

CATEGORY OF WORK SUBCONTRACTOR

Accompanying this proposal is a certified check or Bid Bond in the amount of__________________ as required in the Notice to Contractors.

WSG 1-23 Truck Wash Beam Replacement P-2

The undersigned Bidder agrees to furnish the required performance and payment bonds and to execute the Contract within ten (10) days after the award of the contract and agrees to complete all work covered by the foregoing proposal in accordance with the Contract Documents.

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

(Name of corporation, partnership, or person submitting bid) a corporation organized and existing under the laws of the State of __ ;

a partnership consisting of ___ ;

an individual trading as ________________________________________________________________________ of the City of , State of ;

Federal Tax Identification Number ____________________________________________________ and, that:

(1) I am fully informed in respect to the preparation and content of the attached Bid, and of all pertinent circumstances respecting such Bid;

(2) Such Bid is genuine and is not collusive or a sham bid;

(3) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or persons, to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted, or to refrain from bidding in connection with such Contract; or has in any manner directly or indirectly, sought by agreement, collusion, communication, or conference with any other Bidder, firm, or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the bid price, or the bid price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement, any advantage against the City of Green Bay, Wisconsin, or any person interested in the proposed Contract; and

(4) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder, or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signature ____________________________________________

(Title, if any)

Sworn and subscribed to before me this day of , 20 .

Notary or other officer authorized to administer oaths.

My Commission Expires _______________________________

(Bidders should not add any conditions or qualifying statements to this proposal as otherwise the proposal may be declared irregular as being not responsive to the notice.)

P-3

ERD-7777 (R. 01/2011) WSG 1-23 TRUCK WASH BEAM REPLACEMENT

State of Wisconsin Department of Workforce Development Equal Rights Division

Disclosure of Ownership

The statutory authority for the use of this form is prescribed in Sections 66.0903(12)(d), 66.0904(10)(d) and 103.49(7)(d), Wisconsin Statutes.

The use of this form is mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin Statutes.

Personal information you provide may be used for secondary purposes [Privacy Law, s. 15.04(1) (m), Wisconsin Statutes].

(1) On the date a contractor submits a bid to or completes negotiations with a state agency, local governmental unit, or developer, investor or owner on a project subject to Section 66.0903, 66.0904 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency, local governmental unit, or developer, investor or owner, the name of any “other construction business,” which the contractor, or a shareholder, officer or partner of the contractor, owns or has owned within the preceding three (3) years.

(2) The term “other construction business” means any business engaged in the erection, construction, remodeling, repairing, demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.0903(3), 66.0904(2), 103.49(2) and 103.50(2), Wisconsin Statutes.

(3) This form must ONLY be filed, with the state agency project owner, local governmental unit project owner, or developer, investor or owner of a publicly funded private construction project that will be awarding the contract, if both (A) and (B) are met.

(A) The contractor, or a shareholder, officer or partner of the contractor:

(1) Owns at least a 25% interest in the “other construction business,” indicated below, on the date the contractor submits a bid or completes negotiations; or

(2) Has owned at least a 25% interest in the “other construction business” at any time within the preceding three

(3) years.

(B) The Wisconsin Department of Workforce Development (DWD) has determined that the “other construction business” has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for hours worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years.

Other Construction Business Business Name

Street Address or P O Box City State Zip Code

Business Name

Street Address or P O Box City State Zip Code

Business Name

Street Address or P O Box City State Zip Code

Business Name

Street Address or P O Box City State Zip Code

I hereby state under penalty of perjury that the information, contained in this document, is true and accurate according to my knowledge and belief.

Print the Name of Authorized Officer

Authorized Officer Signature Date Signed

Corporation, Partnership or Sole Proprietorship Name

Street Address or P O Box City State Zip Code

If you have any questions, call (608) 266-6861.

P-4

WSG 1-23 TRUCK WASH BEAM REPLACEMENT

AFFIDAVIT OF COMPLIANCE

WITH SECTION 103.503, WIS. STATUTES,

REGARDING SUBSTANCE ABUSE

PREVENTION ON PUBLIC WORKS CONTRACTS

State of Wisconsin )

)ss.

County of )

, being first duly sworn, on oath, deposes and states that:

1. I am an officer or partner or individual of the contractor, who is authorized to make this affidavit on behalf thereof.

2. I am the contractor responsible for submitting a bid to the City of Green Bay.

3. I understand that I must comply with Section 103.503, Wisconsin Statutes, “Substance

Abuse Prevention on Public Works Contracts.”

4. I certify that I and the subcontractors that I intend to use have written substance abuse prevention programs in effect during the time of any contract agreement.

5. To the best of my knowledge, I comply with all of the provisions of Section 103.503, Wisconsin Statutes, “Substance Abuse Prevention on Public Works Contracts.”

6. I understand that if I am found non-compliant with Section 103.503, Wisconsin Statutes, the City of Green Bay, in its sole discretion, may remove my company from the list of pre-qualified contractors or decline the award of a bid.

Signature

Print Name

Title

Name of Corporation, Partnership or Sole Proprietorship

Subscribed and sworn to before me this ______ day of , 20__.

Notary Public, State of Wisconsin My Commission

Comm. No. 22CGB14.00 00 52 00-1

SECTION 00 52 00

AGREEMENT FORM

PART 1 GENERAL

1.01 SUMMARY

A. The successful bidder will be required to enter into an agreement with the Owner incorporating the attached AIA Document A105-2017, Standard Short Form of

Agreement Between Owner and Contractor.

PART 2 PRODUCTS – NOT USED

PART 3 EXECUTION – NOT USED

Document A105

– 2017 Standard Short Form of Agreement Between Owner and Contractor

Init.

AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:26:48 ET on 04/11/2023 under Order No.4104239488 which expires on 01/30/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (895959859)

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AGREEMENT made as of the day of in the year (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

CITY OF GREEN BAY

100 North Jefferson Street Green Bay, Wisconsin 54301 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

WSG 1-23 TRUCK WASH BEAM REPLACEMENT

519 South Oneida Street Green Bay, Wisconsin 54303

The Architect:

(Name, legal status, address and other information)

BERNERS-SCHOBER ASSOCIATES, INC.

310 Pine Street Green Bay, Wisconsin 54301

The Owner and Contractor agree as follows.

Init.

AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:26:48 ET on 04/11/2023 under Order No.4104239488 which expires on 01/30/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (895959859)

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENTS

5 INSURANCE

6 GENERAL PROVISIONS

7 OWNER

8 CONTRACTOR

9 ARCHITECT

10 CHANGES IN THE WORK

11 TIME

12 PAYMENTS AND COMPLETION

13 PROTECTION OF PERSONS AND PROPERTY

14 CORRECTION OF WORK

15 MISCELLANEOUS PROVISIONS

16 TERMINATION OF THE CONTRACT

17 OTHER TERMS AND CONDITIONS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of

.1 this Agreement signed by the Owner and Contractor;

.2 the drawings and specifications prepared by the Architect, dated , and enumerated as follows:

Drawings:

Number Title Date

Specifications:

Section Title Pages

.3 addenda prepared by the Architect as follows:

Number Date Pages

AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:26:48 ET on 04/11/2023 under Order No.4104239488 which expires on 01/30/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (895959859)

.4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this Agreement; and

.5 other documents, if any, identified as follows:

Exhibit A – Insurance AIA Document A312 Performance Bond AIA Document A312 Payment Bond

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work.

§ 2.2 Date of Commencement:

Unless otherwise set forth below, the date of commencement shall be the date of this Agreement.

(Insert the date of commencement if other than the date of this Agreement.)

Within 10 days of the Notice to Proceed.

§ 2.3 Substantial Completion:

Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work:

(Check the appropriate box and complete the necessary information.)

[ ] Not later than ( ) calendar days from the date of commencement.

[ X ] By the following date: September 29, 2023

ARTICLE 3 CONTRACT SUM

§ 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Subject to additions and deductions in accordance with Article 10, the Contract Sum is:

§ 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:

(Itemize the Contract Sum among the major portions of the Work.)

Portion of the Work Value

§ 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner:

(Identify the accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 3.4 Allowances, if any, included in the Contract Sum are as follows:

(Identify each allowance.)

Item Price N/A

§ 3.5 Unit prices, if any, are as follows:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:26:48 ET on 04/11/2023 under Order No.4104239488 which expires on 01/30/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (895959859)

Item Units and Limitations Price per Unit ($0.00)

N/A

ARTICLE 4 PAYMENTS

§ 4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows:

(Insert below timing for payments and provisions for withholding retainage, if any.)

N/A

§ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project.

(Insert rate of interest agreed upon, if any.)

N/A %

ARTICLE 5 INSURANCE

§ 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1:the enclosed Exhibit A.

§ 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than ($ ) each occurrence, ($ ) general aggregate, and ($ ) aggregate for products-completed operations hazard.

§ 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than ($ ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage.

§ 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 5.1.4 Workers’ Compensation at statutory limits.

§ 5.1.5 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ ) policy limit.

§ 5.1.6 The Contractor shall provide builder’s risk insurance to cover the total value of the entire Project on a replacement cost basis.

§ 5.1.7 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits

§ 5.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shall provide property insurance to cover the value of the Owner’s property. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance.

§ 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to provide coverage for the Contractor’s obligations under Section 8.12.

AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:26:48 ET on 04/11/2023 under Order No.4104239488 which expires on 01/30/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (895959859)

§ 5.4 Prior to commencement of the Work, each party shall provide certificates of insurance showing their respective coverages.

§ 5.5 Unless specifically precluded by the Owner’s property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents, and employees, each of the other; and

(2) the Architect, Architect’s consultants, and any of their agents and employees, for damages caused by fire or other causes of loss to the extent those losses are covered by property insurance or other insurance applicable to the Project, except such rights as they have to the proceeds of such insurance.

ARTICLE 6 GENERAL PROVISIONS

§ 6.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.

§ 6.2 The Work The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations.

§ 6.3 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

§ 6.4 Ownership and Use of Architect’s Drawings, Specifications and Other Documents Documents prepared by the Architect are instruments of the Architect’s service for use solely with respect to this Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect.

§ 6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below.

(Insert requirements for delivering written notice by email such as name, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission.)

N/A

ARTICLE 7 OWNER

§ 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.

§ 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges.

§ 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.

§ 7.2 Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made.

AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 14:26:48 ET on 04/11/2023 under Order No.4104239488 which expires on 01/30/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (895959859)

§ 7.3 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect.

§ 7.4 Owner’s Right to Perform Construction and to Award Separate Contracts § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project.

§ 7.4.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors employed by the Owner.

ARTICLE 8 CONTRACTOR

§ 8.1 Review of Contract Documents and Field Conditions by Contractor § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents.

§ 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies, or omissions discovered to the Architect.

§ 8.2 Contractor’s Construction Schedule The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work.

§ 8.3 Supervision and Construction Procedures § 8.3.1 The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work.

§ 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner, through the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection.

§ 8.4 Labor and Materials § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work.

§ 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract Work.