Microsoft Word - 2021-CONTRACT-BASE-COURSE.docxAUTHORIZED AGENT:
COUNTY HIGHWAY COMMISSIONER JAMES M. GRIESBACH MARATHON COUNTY
HIGHWAY DEPARTMENT WAUSAU, WISCONSIN
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OFFICIAL NOTICE Notice is hereby given by Marathon County,
Wisconsin, that it will receive sealed bids for the following
item:
Sealed Bids will be accepted on or before April 9, 2021 up until
10:00 AM at the Office of the Highway Commissioner, Marathon County
Highway Department, 1430 West Street Wausau, Wisconsin 54401. Bids
will be publicly opened and read on the same date and location,
Wausau, Wisconsin.
The work will consist of crushing and stockpiling or crushing and
delivery of crushed aggregate base course material conforming to
the specifications for Base Aggregate in the latest edition of
“Wisconsin DOT Standard Specifications for Road & Bridge
Construction” and any attached supplemental specification.
All bids shall be addressed to the Marathon County Highway
Department, Marathon County, Wisconsin, properly identified and
prepared on forms attached to the contract documents provided by
the County. Actual receipt is required by said time; deposit in the
mail is insufficient.
The contract documents including the specifications are on file and
may be obtained at the office of the Highway Commissioner, 1430
West Street, Wausau, WI 54401. For contract and specifications
please contact John St. Onge at 715-261-1812, between the hours of
7:00 am to 3:30 pm. For further information on this project please
contact Kevin Lang at 715-261-1809 between the hours of 7:00 am to
3:30 pm.
No bid shall be withdrawn after the opening time of the bids, and
for a period of thirty (30) days thereafter. The letting of the
work described herein is subject to the provisions of Section
66.0901, Wisconsin Statutes.
No bid will be received unless accompanied by a Certified Check or
a Bid Bond, equal to ten (10) percent of the bid, payable to
Marathon County, Wisconsin, as a guarantee that if the bid is
accepted the bidder will execute and file the contract and bond
forming a part of the contract specifications within ten (10) days
after the award of the contract.
It shall be unethical for any person to offer, give, or agree to
give any elected official, employee or former employee, or for any
elected official, employee or former employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an
offer for employment in connection with any decision, approval,
disapproval, recommendation, preparation or any part of a program
requirement or a purchase request, influencing the contents of any
specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any
proceedings or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any
program requirement or a contract or subcontract, or to any
solicitation. It shall be unethical for any payment, gratuity, or
offer of employment to be made by or on behalf of a subcontractor
under a contract to the prime contractor or a higher tier
subcontractor or any person associated therewith, as an inducement
for the award of a subcontract, or order. Award of the contract to
the successful offerer shall be based upon the bid determined most
advantageous to the County or made to the lowest responsible and
responsive bid. The County reserves the right to accept or reject,
in whole or in part, any or all bids, to waive technical
deficiencies in the bid and to award a contract deemed in the best
interest of the County. This solicitation may also be canceled if
determined to be in the best interest of the County.
Wage rates as established and set forth by the State of Wisconsin
Department of Workforce Development, in accordance with Chapter
66.0903 of the Wisconsin Statutes, shall be paid if
applicable.
Compiled and published by authority of the Marathon County Highway
Committee, Marathon County, Wisconsin.
James Griesbach Highway Commissioner
INSTRUCTION TO BIDDERS
MARATHON COUNTY PROCUREMENT POLICY All aspects of this Request for
Bids will be in accordance with the Marathon County Procurement,
sections 3.01 through 3.16 of the General Code of the County of
Marathon. A copy of the Procurement policy is available at the
office of the Marathon County Clerk, Marathon County Courthouse,
500 Forest Street, Wausau, Wisconsin 54403. The following are
excerpts from the Marathon County Procurement Policy: GRATUITIES
AND KICKBACKS It shall be unethical for any person to offer, give,
or agree to give any elected official, employee or former employee
to solicit, demand, accept, or agree to accept from another person,
a gratuity or an offer of employment in connection with any
decision, approval, disapproval, recommendation, preparation or any
part of a program requirement or a purchase request, influencing
the content of any specification or procurement standard, rendering
of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter,
pertaining to any program requirement or a contract or subcontract,
or to any solicitation or proposal therefore. It shall be unethical
for any payment, gratuity, or offer of employment to be made by or
on behalf of a subcontractor under a contract to the prime
contractor or a higher tier subcontractor or any person associated
therewith, as an inducement for the award of a subcontractor, or
order. AMERICANS WITH DISABILITIES ACT COMPLIANCE In connection
with the performance of work under this contract, CONTRACTOR agrees
that no qualified individual with a disability, as defined by the
Americans with Disabilities Act, shall, by reason of such
disability, be excluded from participation and the benefits of
services, programs, or activities, including employment, of be
subjected to discrimination. CONTRACTOR is specifically notified
that it is subject to employment requirements listed under Title I
of the American Disabilities Act by virtue of its contract with
Marathon County, a public entity. CONTRACTOR is specifically
notified that it is subject to federal requirements to assure
participation and access to public facilities, programs, and
activities under Title II of the American Disabilities Act by
virtue of its contract with Marathon County, a public entity. These
requirements mandate separate of special programs or reasonable
modification of existing programs, services, and activities without
surcharge to disabled individuals as long as safety is not
compromised. CONTRACTOR shall provide a similar notice to all its
subcontractors. EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before
submitting their bid, each bidder must (a) examine the contract
documents thoroughly; (b) examine the project sites to acquaint
himself fully with adjacent property, means of approach to the
site, existing conditions of the actual project site, and any other
conditions which would affect the execution of the work to be
included in the contract or work being performed and the
facilities, for delivering, storing, replacing, and handling of
materials and equipment; (c) familiarize himself with federal,
state and local laws, ordinances, rules, and regulations affecting
performance of the work; and (d) carefully correlate their
observations with the requirements of the contract documents.
SUBMISSION OF BIDS Sealed bids will be received by Marathon County,
Wisconsin, hereinafter referred to as the Owner, for performing the
work as set forth in the contract documents. Before submitting a
bid, the bidder shall read the Instructions to Bidders, Bid Bond
Forms, General Conditions, Supplemental Conditions, Agreement,
Addenda, and Specifications; all of which are a part of the
contract documents and contain provisions applicable to the
successful bidder.
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METHOD OF BIDDING The only acceptable method of bidding a contract
with Marathon County, Wisconsin, is described as follows and must
be strictly complied with. All bids are to be made on the bid forms
herein provided for and may be separated from the attached volume
of specifications. The first step is the filing of a bid on the
form the County has prepared. This bid must have attached to it the
affidavit or organization and authority which indicates whether the
bidder is a corporation, a partnership or a sole trader. The
affidavit must contain a sworn statement that the bidder has
examined and carefully prepared the bid from the plans or
specifications and has checked the same in detail. (Section
66.0901, Wisconsin Statutes). At the same time there must be filed
either the required bid bond or certified check in the required
amount which is ten (10) percent of the bid minimum, conditioned
that if the bidder is successful he will within the time limited by
the county, file a properly executed contract and performance bond.
The time limit for filing the executed contract and performance
bond is ten (10) days from the time the county notifies the bidder
in writing that he is the successful bidder. Each bid must be
submitted in a sealed envelope, addressed to the Owner, marked with
the project title, and bear the name of the bidder and their
address. The bid shall be accompanied by the bid security and other
required documents. Bids will be opened and read aloud shortly
after the closing time stipulated in the bid. PUBLIC ANNOUNCEMENT
AND SELECTION PROCESS It is the policy of Marathon County to
publicly announce all requirements for CONSULTANT and land
surveying services and to negotiate such contracts on the basis of
demonstrated competence and qualifications and past performance
with existing contracts as determined in pre-qualifying procedures.
In the procurement of CONSULTANT and land surveying services,
Marathon County shall request firms to submit a statement of
qualifications and performance data. NON APPROPRIATION OF FUNDS Not
withstanding anything contained in this contract to the contrary,
no Event of Default shall be deemed to have occurred under this
contract if adequate funds are not appropriated during a subsequent
fiscal period during the term of this contract so as to enable the
County to meet its obligations hereunder, and at least thirty (30)
days written notice of the non-appropriation is given to
CONTRACTOR. CHANGE ORDERS The scope of the services to be performed
under this contract may be amended or supplemented by mutual
written agreement between the parties to the Contract. This
amendatory provision shall not operate to prevent the County from
exercising it reserved right to establish reasonable time schedules
of and for any of the work or services to be performed by
CONTRACTOR here under, nor to cancel any of the services not
performed at the time notice is given to CONTRACTOR of the
cancellation of such services of portion of the work to be
performed hereunder. DISPUTE RESOLUTION If a dispute related to
this agreement arises, all parties shall attempt to resolve the
dispute through direct discussions and negotiations. If the dispute
cannot be resolved by the parties, and if all parties agree, it may
be submitted to either mediation of arbitration. If the matter is
arbitrated, the procedures of Chapters 788 of the Wisconsin
Statutes of any successor statute shall be followed. If the parties
cannot agree to either mediation or arbitration, any party may
commence an action in any court of competent jurisdiction. If a
lawsuit is commenced, the parties agree that the dispute shall be
submitted to alternate dispute resolution pursuant of '802.12,
Wisconsin Statutes, or any successor statute. Unless otherwise
provided in this contract, the parties shall continue to perform
according to the terms and conditions of the contract during the
pendency of any litigation or other dispute resolution proceeding.
The parties further agree that all parties necessary to the
resolution of a dispute (as the concept of necessary parties is
contained in Chapter 803, Wisconsin Statutes, of its successor
chapter) Shall be joined in the same litigation of other dispute
resolution proceeding. This language relating to dispute
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resolution shall be included in all contracts pertaining to this
project so as to provide for expedient dispute resolution.
NON-DEBARMENT CLAUSE CONTRACTOR hereby certifies that neither it
nor any of its principal officers or officials have ever been
suspended or disbarred, for any reason whatsoever, from doing
business of entering into contractual relationships with any
governmental entity. CONTRACTOR further agrees and certifies that
this clause shall be included in any subcontract of this contract.
STATEMENT OF COMPLIANCE Vendor has carefully reviewed Marathon
County's required contract language, as set forth in the Request
for Proposal/Bid pertaining to termination of contract, change
orders, gratuities and kickbacks, non-appropriation of funds, hold
harmless/indemnification, ADA compliance, insurance
requirements/proof of insurance, dispute resolutions, and
non-debarment, and is in full compliance with all statements and
requirements. This contract language is incorporated herein by
specific reference as if set forth in full. Any statements set
forth in this contract document that conflict with Marathon
County's contract language are superseded by Marathon County's
required contract language. TERMINATION OF CONTRACTS The County
may, for its convenience, terminate this contract at any time by a
notice in writing from the County to CONTRACTOR by certified mail.
If the Contract is terminated by the County as provided herein,
CONTRACTOR shall be paid an amount which bears the same ratio to
the total compensation as the services actually performed bear to
the total services of CONTRACTOR covered by this Contract, unless
payments of compensation have previously been made. WITHDRAWAL OR
MODIFICATION OF BID Bids may be withdrawn any time prior to the
hour of opening bids, if so requested by the Contractor in writing,
but no bid may be withdrawn after the time of opening bids is
passed. REJECTION OF BIDS The right is reserved by the Owner to
reject any or all bids, or parts thereof, and to award the contract
to the bidder who in the judgment of the Owner will best serve the
Owner. A bid which has not been prepared according to the
instructions contained herein, or which does not include a price
which is both adequate and reasonable on each and every item named
in the bid, may be subject to rejection. TIME FOR EXECUTING
CONTRACT LIQUIDATION DAMAGES Any Contractor whose bid is accepted
will be required to appear at the Highway Department to execute the
contract within ten (10) days after written notice of awarding the
contract. Failure to do so shall constitute a breach of the
agreement made by acceptance of the bid and the Owner shall be
entitled to damages as a result of such a breach. The amount of the
certified check or bid bond of such bidder shall be retained by the
Owner as liquidated damages for such breach. Bid bond should be so
stated that failure to sign contract within ten (10) days, the
amount of bond should be paid to the Owner as liquidated damages.
EXECUTING THE CONTRACT If the bid is by a corporation, the contract
should be executed in the corporate name by the president and the
secretary, each of whom should sign. The corporate seal should be
attached. If the corporation has no seal a statement to that effect
should be made. If the execution of the contract is by a
corporation and it is not signed by both the president and the
secretary, then a certified copy of the action of the board of
directors should be provided, showing the authority of the parties
signing the contract to sign for and on behalf of the corporation.
If the bid is by a partnership the contract should be executed in
the partnership's name, and signed by each of the partners. If all
partners are unable to sign, satisfactory proof should be
furnished. If the contract is with an independent Contractor who is
neither incorporated
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or part of a partnership, the Contractor should so indicate and
execute the contract in their own behalf. All contracts shall be
signed in quadruplicate by the Contractor and the Owner.
PERFORMANCE AND PAYMENT BONDS Upon award of the contract, separate
performance and payment bonds, each in the amount of one hundred
(100) percent of the contract price, with a corporate surety
approved by the Owner and the Commissioner, will be required for
the faithful performance of the contract. This guarantee shall
remain in effect for a period of one year after the acceptance of
the work by the Owner. The forms of the bonds are that provided in
the contract documents. INTERPRETATION OF SPECIFICATIONS Requests
for interpretation of specifications will be made in writing by the
Contractor. No oral interpretation shall be binding on the Owner or
shall said interpretation change any provisions of this contract.
OMISSION AND DISCREPANCIES Bidders shall immediately report any
omissions, errors, or discrepancies in the specifications to the
Commissioner or Engineer who may send written instructions to all
bidders. COMMENCEMENT AND COMPLETION OF WORK The Contractor will
begin work within ten (10) days after the date specified in the
Notice to Proceed. The Contractor will be required to complete the
project within the days stated in the "Special Provisions". Time of
completion is an ESSENTIAL CONDITION of the contract. The
Contractor shall work regularly, diligently and uninterruptedly at
such a rate of progress that will insure full completion of the
contract within the contract time specified. It is expressly
understood and agreed, by and between the Contractor and Owner,
that the contract time for completion of the work described herein
is a reasonable time for the completion of the same. For every
calendar day of delay in completion of the work beyond the above
contract time, unless extended in writing between the Contractor
and the Owner, there shall be deducted from the amount due the
Contractor the sum of three hundred dollars ($300.00) per day as
liquidated damages which is fixed and agreed. The stated liquidated
damage is not a penalty but an agreed upon amount between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would sustain in the event that the completion dates of
the project are not met. WORK All work shall be done in accordance
with the specifications and failure to do so makes the Contractor
responsible for all costs incurred in determining whether or not
finished work meets the specification requirements. All work shall
satisfy the highest standards of acceptable work products
consistent with the appropriate trades. SUBCONTRACTORS A complete
list of proposed subcontractors and the class of work to be done by
each must be filed with the proposal. The list may not be added to
or altered without the written consent of the Marathon County
Highway Commissioner. "Subcontractors" shall mean persons, firms or
corporations as defined by Section 66.0901 (1) (d) Wisconsin
Statutes and in the "General Conditions".
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GENERAL CONDITIONS DEFINITIONS The following terms are used in
these contract documents, and are respectively defined as follows:
(a) "Contractor" The person, firm or corporation to whom the within
contract is
awarded by the Owner and who is sublet to the terms and thereof.
(b) "Subcontractor" A person, firm or corporation other than a
Contractor, supplying
labor, materials or equipment for work at the site of the project.
(c) "Project" The entire public improvement proposed by the Owner
to be
constructed/or produced/or performed in part or in whole pursuant
to the within contract.
(d) "Surety" Any person, firm or corporation that has executed,
as
surety, the Contractor's performance bond securing the performance
and payment of the contract.
(e) "Owner" or “Department” Understood to mean Marathon County,
Wisconsin. (f) "Work on the project” Work to be performed,
including work normally done, at the
location of the project. (g) "Commissioner" Understood to mean the
Highway Commissioner of Marathon
County, Wisconsin. CONTRACT DOCUMENTS The contract document
consists of the Official Notice, Instruction to Bidders, General
Conditions, Specifications, Contract, Bond, Contractor's Proposal,
and Addenda, appropriate provisions of which apply to all
Contractors and sub-Contractors. INTENT OF THE CONTRACT DOCUMENT
The contract documents are complementary, and what is called for by
any one, shall be as binding as if called for by all. The intention
of the contract document is to include in the contract price,
equipment, light, transportation, and all other expenses as may be
necessary for the proper execution of the work. In interpreting the
contract documents, words describing material or work which have a
well-known technical or trade meaning unless otherwise specifically
defined in the contract documents, shall be construed in accordance
with such well-known meaning recognized by architects, engineers
and the trades.
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LOCAL CONDITIONS It is understood that the Contractor has by
careful examination, satisfied themselves as to the nature and
location of the work, formation of the ground, quantity and quality
of the materials to be encountered, character of the equipment and
facilities needed prior to and during the execution of the work,
general and local conditions, and all other matters which can in
any way affect the work of this contract. CONTRACT SECURITY The
Contractor shall furnish a surety bond (form attached) in the
amount at least equal to one-hundred percent (100%) of the contract
price as security for the faithful performance of this contract,
and for the payment of all persons performing labor and furnishing
materials in connection with this contract. SUBCONTRACTING The
Contractor shall not subcontract any work to be performed or any
materials to be furnished in performance of this contract without
the written consent of the Owner. If the Contractor shall sublet
any part of this contract, the Contractor shall be as fully
responsible to the Owner for the acts and omissions of their
subcontractor, and of the persons either directly or indirectly
employed by this subcontractor, as they are for the acts and
omissions of persons directly employed by himself/herself.
SUBCONTRACTS The Contractor shall notify the Owner in writing of
the names of the subcontractors proposed for the principal parts of
the work, and shall not employ any subcontractor that the Owner
objects to as incompetent or unfit. HOLD HARMLESS CONTRACTOR hereby
agrees to release, indemnify, defend, and hold harmless Marathon
County, their officials, officers, employees and agents from and
against all judgments, damages, penalties, losses, costs, claims,
expenses, suits, demands, debts, actions, and/or causes of action
of any type or nature whatsoever, including actual and reasonable
attorney's fees, which may be sustained or to which they may be
exposed, directly or indirectly, by reason of personal injury,
death, property damage, or other liability, alleged or proven,
resulting from or arising out of the performance of contractor, its
officers, officials, employees, agent or assigns. Marathon County
does non waive, and specifically reserves, its right to assert any
and all affirmative defenses and limitation of liability as
specifically set forth in Wisconsin Statutes, Chapter 893 and
related statutes. INSURANCE REQUIREMENTS CONTRACTOR shall not
commence work under this contract until all insurance required
under this paragraph is obtained, and such insurance has been
approved Marathon County, nor shall CONTRACTOR allow any
subcontractor to commence work on their subcontract until all
similar insurance requirements have been obtained and approved.
Maintain worker's compensation insurance as required by Wisconsin
Statutes, for all employees engaged in the work. In case any work
is sublet, CONTRACTOR shall require the subcontractor similarly to
provide statutory Workers' Compensation Insurance for all of the
latter's employees, unless such employees are covered by the
protection afforded by CONTRACTOR.
General Liability, Professional Liability and Property Damage
Insurance. CONTRACTOR shall secure and maintain in force throughout
the duration of this contract such General Liability, Professional
Liability (if necessary) and Property Damage Insurance as shall
protect itself and any subcontractor performing work covered by
this contract from claims for damages for personal injuries
including accidental death, as well as from claims for property
damage, which may arise from operations under this contract,
whether such operations be by CONTRACTOR, or by any subcontractor
or by anyone directly or indirectly employed by either of them; and
the amount of such insurance shall be as follows:
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Automobile Liability $1,000,000 per occurrence and $2,000,000 in
aggregate for bodily injury and property damage.
Excess Liability Coverage, $1,000,000 over the General Liability
and Automobile Liability Coverage.
If aircraft are used in conjunction with this project, $2,000,000
per occurrence and in aggregate for bodily injury and property
damage.
Marathon County reserves the right to require higher or lower
limits where warranted. Marathon County reserves the right to
require additional security, including, but not limited to, bid
bonds or performance bonds as specifically set forth in its request
for bids or proposals. PROOF OF INSURANCE: CONTRACTOR shall furnish
the County with a Certificate of Insurance countersigned by a
Wisconsin Resident Agent or Authorized Representative of the
insurer indicating that CONTRACTOR meets the insurance requirements
identified above. The Certificates of Insurance shall include a
provision prohibiting cancellation of said policies except upon 30
days prior written notice to the County and specify the name of the
contract or project covered. The Certificate of Insurance shall be
delivered to the Authorized Purchasing Agent, with a copy of the
Certificate of Insurance to be delivered to the Marathon County
Risk Manager for approval prior to the execution of this contract.
Upon renewal of the required insurance, and annually thereafter,
the County shall receive a new Certificate of Insurance for three
years after completion of the project. The Certificates shall name
Marathon County as an additional insured and describe the contract
by name and or identification number in the "Description of
Operations" section of the form. PUBLIC CONVENIENCE AND SAFETY The
Contractor shall post such signs as may be approved by the
Commissioner warning the public of the probable increased danger
due to construction or performance of work. Until the work is
accepted, the Contractor shall take all necessary precautions and
place proper guards and barriers around the work, and shall between
sundown and sunrise maintain suitable barred lights as warning
signs, that may be provided by the county. COMMISSIONER OR HIS
AGENT'S AUTHORITY The Commissioner or his agent shall have general
supervision and direct all work and has the authority to stop the
work whenever such stoppage may be necessary to insure proper
execution of the contract. They shall also have authority to reject
all work and materials which do not conform to the contract, to
order the application of force to any portion of the work as in
their judgment is required, to order the force increased or
diminished and to decide questions which arise in the execution of
the work. It is further agreed by all parties hereto, that the
Commissioner or his agent shall in all cases determine the amount,
quantities, or classification of the several kinds of work or
material which are to be paid for under this contract. The
Commissioner or his agent shall decide all questions, which may
arise relative to the performance of this contract. All decisions
of the Commissioner or his agent shall, when so requested, be
rendered in writing. They shall be final and conclusive in all
matters except the financial consideration involved. They shall be
final also as to the financial consideration unless within ten (10)
days after such a decision the Contractor applies in writing to the
municipality for a review of such a decision. SPECIFICATIONS The
work shall be executed in strict conformity with the
specifications, and the Contractor shall do no work without proper
specifications.
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INSPECTION
(a) All materials and workmanship (if not otherwise designed by the
specifications) shall be subject to inspection, examination, and
test by the Owner at any and all times during the manufacture, or
construction, and at any and all places where such manufacture, or
construction are carried on. The Owner shall have the right to
reject material and workmanship which are defective or require
their correction. Rejected workmanship shall be satisfactorily
corrected and rejected material shall be satisfactorily replaced
with proper material without charge; therefore, the Contractor
shall promptly segregate and remove the rejected material from the
premises.
(b) The Contractor shall furnish promptly without additional
charge, all reasonable facilities, labor and materials necessary
for the safe and convenient inspection and test that may be
required by the Owner. All inspection and tests that may be
required by the Owner shall be performed in such manner as not to
unnecessarily delay the work. Special, full size performance tests
shall be as described in the specifications. SUPERINTENDENCE The
Contractor shall give their personal superintendence to the work or
have at the site of the work at all times a competent foreman,
superintendent or other representative satisfactory to the Owner,
and having authority to act for the Contractor. AUTHORITY AND
DUTIES OF INSPECTOR The Commissioner and his representative shall
at all times have access to the work whenever it is in preparation
or progress, and the Contractor shall provide proper facilities for
such access and inspection. The inspectors employed by the Owner
shall be authorized to inspect all work done, and material
furnished. Such inspectors shall report to the Commissioner as to
the progress of the work, and the manner in which it is being
performed. He shall report all failure on the part of the
Contractor to fulfill the requirements of these specifications and
the contract. Such inspectors shall not relieve the Contractor from
any obligation to perform all of the work strictly in accordance
with requirements of the specifications. Disagreements between the
inspector and the Contractor, and any employee of the Contractor
shall be referred to and be decided by the Commissioner. The
inspector is not any part of the work. The inspector is in no case
to act as foremen or to perform any duties for the Contractor, nor
to interfere in any way with the management of the work by the
latter. Any advice which the inspector may give the Contractor
shall not be construed as binding on the Owner or the Commissioner,
or release the Contractor from fulfilling the terms of the
contract. EXTRA, ADDITIONAL, OR OMITTED WORK, PAYMENT The Owner,
upon proper action by its governing body, may authorize changes in,
additions to, or deductions from, the work to be performed or the
material to be furnished pursuant to the provisions of the contract
or any other contract document. Adjustment, if any, in the amounts
to be paid to the Contractor by reason of any such change,
addition, or deductions shall be determined by one or more of the
following methods:
(a) By unit price contained in the Contractor's original bid and
incorporated in the construction contract.
(b) By a supplemental schedule of prices contained in the
Contractor's original bid and
incorporated in the construction contract.
(c) By an acceptable lump sum proposal from the Contractor.
(d) On a cost-plus-limited-basis not to exceed a specified limit. A
cost-plus-limited-basis is defined as the cost of labor, materials,
and insurance, plus fifteen percent (15%) of the said cost to cover
superintendence, general expense and profit.
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No claim for an addition to the contract sum shall be valid unless
authorized as aforesaid. UNAUTHORIZED WORK Work done without lines
or grades or instructions from the Commissioner or the Owner or all
work done beyond the limits of the contract as designated by the
specifications or extra work done without written authority will be
considered unauthorized and will be done at the expense of the
Contractor and will not be paid for. Work so completed may be
ordered removed or replaced at the Contractor's expense.
INCIDENTALS ABSORBED All work and materials covered by these
specifications or any work or material that may be reasonable from
the information given upon the specifications, and that is
necessary to complete the work; or the tools, or appliances, or
structures that may be constructed by the Contractor for carrying
out the work, shall be furnished by the Contractor and the cost of
all this material and work shall be included and absorbed by the
prices and amounts mentioned in the Contractor's proposal.
CONTRACTOR'S RESPONSIBILITY FOR DAMAGED WORK Until the acceptance
of the work by the Owner, it shall be in charge and part of the
Contractor and he shall take every necessary precaution against
injury or damage of the work completed or any part thereof, by any
action of the elements or by any cause whatsoever arising from the
execution or non- execution of the work. The Contractor shall
build, repair, and restore at their own expense; injuries of any
character whatever to any part of the work in place, or materials
to be used in the work and shall upon order of the Commissioner
remove any materials which have been damaged, and will make good
any damage to the work which has occurred through any cause
whatsoever and the work will not be considered complete until such
damages have been acceptably repaired. CORRECTION OF WORK AFTER
FINAL PAYMENT Neither the final payment nor any provision in the
contract documents shall relieve the Contractor of the
responsibility for negligence or faulty materials or workmanship
within the extent and period provided by law and, upon written
notice, they shall remove any defects due thereto, and pay for any
damage due to other work resulting therefrom, which shall appear
within one year after date of completion and acceptance. OWNER'S
RIGHT TO DO WORK If the Contractor should neglect to execute the
work properly or fail to perform any provision of this contract,
the Owner after three days written notice to the Contractor and
their surety, may without prejudice to any other remedy he may
have, make good such deficiencies and may deduct the cost thereof
from the payment due the Contractor.
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MATERIALS AND WORKMANSHIP Unless otherwise stipulated in the
specifications, all workmanship, equipment, materials and articles
incorporated in the work covered by this contract are to be new and
of the best grade of their respective kinds for the purpose. The
Contractor shall if required, furnish evidence as to kind and
quality of materials. The Contractor shall furnish the Owner for
their approval, the name of the manufacturer of machinery,
mechanical, and other equipment; which they contemplate installing,
together with their performance capacities and other pertinent
information. When required by the specifications, or when called
for by the Owner, the Contractor shall furnish the Owner, for
approval, full information concerning the materials or articles
which they contemplate incorporating in the work. Samples of
materials shall be submitted for approval when so directed.
Machinery, equipment, materials, and articles installed or used
without such approval shall be at the risk of subsequent rejection.
MATERIALS All material furnished by the Contractor shall in all
respects comply with the specifications and will be inspected by
the Commissioner or his agent at the site of the work. All work and
materials not otherwise described shall be of the best description
and should any workmanship or materials be needed which are not
directly or indirectly noted in the specifications, but are
nevertheless necessary to the proper execution according to the
obvious intent thereof, the Contractor shall understand the same to
be implied and shall provide for it in their bid as fully as if it
were particularly described. PAYMENT FOR LABOR AND MATERIAL The
Contractor specifically agrees to pay for all claims for labor
performed at rates at least equal to the prevailing wage scale
provided by the Wisconsin Department of Workforce Development,
pursuant to s. 66.0903 Stats. for this project. And materials
furnished, used or consumed in completing the foregoing contract
together with all items are enumerated in Section 779.16 of
Wisconsin Statutes as the obligation of the Contractor. GUARANTEE
The Contractor shall guarantee that all materials and workmanship
conform to these specifications, and for a period of one year
thereafter, in case of any defects as to materials and workmanship
which exist or appear in any part of the work constructed by them,
the Contractor agrees to forthwith repair the same upon the
specification by the Owner, using the same materials required by
the specifications, and in case the Contractor shall fail to make
such repairs, or cause the same to be made, the Contractor agrees
to pay on demand the cost thereof to said Owner upon the completion
of such repairs, and the Contractor further agrees and construction
of said work in the contract which may become a lien or claim
against the Owner. This guarantee shall be considered a part of the
contract and the fulfillment thereof shall be secured by the surety
bond of the Contractor. POSTING AND NOTICE TO EMPLOYEES OF
CONTRACTOR Wisconsin Statutes 66.293 (3) (f) provides that: (8)
POSTING. For the information of the employees working on the
project, the prevailing wage rates determined by the department or
exempted local government unit, the prevailing hours of labor and
the provisions of subs.(10)(a) and(11)(a) shall be kept posted by
the local governmental unit in at least one conspicuous and easily
accessible place on the site of the project or, if there is no
common site on the project, at the place normally used by the local
governmental unit to post public notices. AFFIDAVITS Upon
completion of the contract, the contractor shall submit and
affidavit concerning wages and owner- operated truck rental rates
for work performed on the contract, in the form prescribed, the
affidavit attests that the rates of pay for all laborers and
mechanics and the owner-operated truck rental rates for all work
performed on the contract have been in full compliance with the
contract provisions as required by section 103.50 of the Wisconsin
Statutes.
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BID BOND KNOW ALL MEN BY THESE PRESENTS that ____________________
of the county of _____________________, Wisconsin, as principal and
of _________________, state of ______________________________, a
corporation organized and existing under the laws of the state of
____________________________________, and authorized to transact
business in the State of Wisconsin (hereinafter called surety) are
held and firmly bound unto the county of _________________________,
a municipal corporation of the State of Wisconsin in the penal sum
of ________________________________ dollars good and lawful money
of the United States of America, to be paid to the County of
____________________________________ its duly authorized attorneys,
agents, or officers of it successors or assigns for which payment,
well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and
severally by these presents. Sealed with our seals and dated this
______________________ day of ________________________, 20____.
Whereas the above bounded principal has this day filed a bid with
the County of for the performance of the following work, namely,
which said bid is hereto attached and made a part of this bond, NOW
THEREFORE, the condition of the above obligation is such that if
the above principal __________________________ shall file and
properly execute the proper contract and performance bond within
the time limited by the county which contract and performance bond
shall provide for the doing of such work upon the terms and
conditions of the plans and specifications and upon the terms and
conditions of the bids, then this obligation to be void, otherwise
to be and remain in full force and effect. Signed, sealed and
delivered _________________________(SEAL) in presence of as to
principal Principal ___________________________
_________________________ ___________________________
_________________________ _________________________(SEAL)
By:_________________________ IMPORTANT: a certified copy of Power
of Attorney of the signing agent must be attached to this
document.
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CONTRACT
FOR
Crushed Aggregate Base Course
This contract, made this _________ day of _________________ 20
by________________________ and between __________________ Herein
after called the "Contractor" and Marathon County a municipal
corporation, located in Marathon County, Wisconsin, hereinafter
called "Owner".
WITNESS: That the Contractor and Owner for the consideration stated
herein agree as follows: ARTICLE I - SCOPE OF WORK The Contractor
shall furnish everything required to perform the work and shall
provide and furnish all the labor, materials, equipment, necessary
tools, expendable equipment, insurance as specified, contributions
to Social Security and utility and transportation services and
supplies necessary to construct or perform in a part of this
contract, and in strict compliance with the proposal and the other
documents which are a part of this contract; Contractor shall do
everything required by the contract and by the documents forming a
part thereof. ARTICLE II - CONTRACTOR'S ACKNOWLEDGMENT The
Contractor Acknowledges: (1) That he understands the plans (if
applicable) and specifications; (2) That he has the equipment,
technical ability, personnel and facilities to construct or perform
the work in accordance with the plans (if applicable) and
specifications; (3) That the plans (if applicable) and
specifications are, in their opinion, appropriate and adequate for
the complete construction or performance of the work in a sound and
suitable manner. ARTICLE III - CONTRACT PRICE The Owner shall pay
to the Contractor for the performance of the contract, subject to
additions or authorized changes as provided for in the proposal or
in the specifications, the contract price to be determined
according to the bid proposal.
Unless otherwise provided in detailed specifications, payments are
to be made to the Contractor not later than the 16th day of each
month, on the basis of written estimates submitted by the
Contractor and approved by the Commissioner and governing committee
of the value of work performed during the preceding month, but
Owner will retain ten (10) percent of the amount of each such
estimate until completion and acceptance of all work included in
this contract.
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The Highway Commissioner of Marathon County, in case the work under
this contract is not complete within the time required or within an
extended time approved in writing by the Commissioner, is
authorized to take charge of the work and finish it at the expense
of the Contractor and their sureties and to apply the amount
retained from the estimates to the completion of the work. ARTICLE
IV - PAYMENT FOR LABOR AND MATERIAL
The Contractor specifically agrees to pay for all claims for labor
performed at rates at least equal to the prevailing wage scale
provided by the Wisconsin Department of Workforce Development,
pursuant to s. 66.0903 Stats. for this project (if applicable) and
materials furnished, used or consumed in completing the foregoing
contract together with all items are enumerated in Section 779.16
of Wisconsin Statutes as the obligation of the Contractor. ARTICLE
V - PARTS OF THIS CONTRACT The contract documents form a complete
unit and requirements called for by one are as binding as if called
for by all. Special specifications shall control over general
specifications.
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SPECIAL PROVISIONS 1. General:
The work under this contract is for item 305.0110 Base Aggregate
Dense 3/4 inch to be supplied under Alternates 1, 2 or 3 below; in
accordance with the current "State of Wisconsin Department of
Transportation Standard Specifications for Road and Bridge
Construction and these special provisions.
ALTERNATE 1: Crush and stockpile item 305.0110 Base Aggregate Dense
3/4 inch.
ALTERNATE 2: Crush, stockpile and load item 305.0110 Base Aggregate
Dense 3/4 inch.
ALTERNATE 3: Crush, stockpile, load, haul, place, fine grade and
compact item 305.0110 Base Aggregate Dense 3/4 inch as illustrated
in Figure 1 – Typical Section and as noted in the Standard
Specifications and these Special Provisions. Contractor shall
provide a scale for measuring the tonnage of material. If a scale
is not available the contractor may be allowed other means of
measuring the material; all other methods must be approved by the
Department and will be at the Contractor’s expense (i.e. driving
random samples of loaded trucks to a remote scale location –
contractor will be charged for additional trucking). Alternate
methods should be approved prior to the bid opening.
Section 305.2.2.1 General of the Standard Specifications is
modified as follows:
305.0110 Base Aggregate Dense 3/4 inch; The percent passing the No.
200 Sieve shall be between 6.5 – 12.0.
305.0120 Base Aggregate Dense 1 ¼ inch; The percent passing the No.
200 Sieve shall be a maximum of 7.0. Crushed Gravel will not be
acceptable; material shall be crushed stone, crushed concrete or
other blend approved by the Highway Commissioner before the bid
opening.
The Contractor shall provide evidence that materials meet soundness
and wear requirements referenced in the Wisconsin DOT Standard
Specifications.
2. Alternate 3 Additional Special Provisions:
Contractor shall take care to not damage the asphalt surface during
placement of item 305.0110 Base Aggregate Dense 3/4 inch. The most
common measure taken to prevent damage is beginning work early in
the morning and terminating work as soon as the temperatures and
sun make the pavement soft to the point that equipment is visibly
causing damage. Addition measures have included watering of the
roadway.
Thicknesses will vary from 1” to 4” based on the scope of the
asphalt paving. Contactor shall be responsible for setting
immediate work zone signs and flagging in accordance with the 2020
Wisconsin Flagging Handbook and all incidentals necessary to
complete the work. Note two flaggers will typically be required for
all work completed on the highways. The Handbook can be found
online at the following link.
https://wisconsindot.gov/dtsdManuals/traffic-ops/manuals-and-standards/flagger.pdf
Alternate 3 includes grading material into driveways and side
streets to make a gradual transition. Typically the maximum grade
shall be 10%. Additional effort shall be made to grade
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driveways and gravel streets such that they are no steeper than the
existing condition (minimum) or graded to provide a relatively
level pad for one vehicle to stop adjacent to the highway
(desirable).
3. Payment and Quantities: Payment will typically be made within
thirty (30) days after completion of and acceptance of the
materials and proper invoices are received. A retainer will be
deducted if the owner has a discrepancy on the material quantity,
quality, or placement.
Actual quantity may vary from the estimated quantities. Contractor
shall be paid for actual tonnage of material picked up for the
project and is not guaranteed a minimum tonnage to be picked
up.
4. Contract Time:
Contract time for Alternates 1 and 2 will be calculated as 1
working day per 1500 tons of material. Typically contractors have
materials prepared in advance of the project and available for
pickup. If material is not readily available, the contractor will
have 21 calendar days after receiving a notice of award to begin
crushing operations and will be required to provide a minimum of
1500 tons of material per day. If requirement is not met,
liquidated damages are applicable.
Extensions of time may be allowed by the Owner for reasonable
delays due exclusively to causes beyond the control and without the
fault of the Contractor. This includes but is not restricted to
extra work or supplemental contract work added to the original
contract caused by fires, strikes, floods, accidents, and
unreasonable delays in receiving ordered materials and
equipment.
All requests for extension of the time shall be presented in
writing to the Commissioner within ten (10) calendar days after the
occurrence of the claimed delay. Request shall be accompanied by
all necessary supporting data and if based on valid grounds will be
considered by the Owner. Such extensions of time will be granted as
may seem to be fair and reasonable. However, no claims will be
considered when based on delays caused by conditions existing at
the time bids were received and of which the Contractor might be
reasonably expected to have knowledge of at the time of bidding. No
claims will be considered for delays caused by failure on the part
of the Contractor to anticipate properly the requirements of the
work contracted for as to materials, labor and equipment or as to
time lost by any condition of weather, whatsoever.
5. Holiday Work Restrictions: The County will not perform work
during the following holiday period: From 12:00 p.m. on the Friday
immediately prior to Memorial Day to 6:00 a.m. on the Tuesday
immediately after Memorial Day, From 12:00 p.m. on the Friday
immediately prior to Labor Day to 6:00 a.m. on the Tuesday
immediately after Labor Day, and from 12:00 p.m. on July 2, 2021 to
6:00 a.m. on July 6, 2021.
6. Project Funding: All projects are funded with County funds in
addition to the funds below;
a. CTH M is partially funded with CHI funds through Project No.
16528
7. Material Testing: The contractor is responsible for all required
sampling and testing as described in Section 460 of the Standard
Specifications. The Contractor shall provide (1) current
certifications verifying materials meet soundness and wear
requirements and (2) gradation test results. The contractor will
pay for any costs or penalties as a result of QC and/or QV
testing.
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8. Bid Award: There may be a split award between any and all Bids.
Haul distance will be a major determining factor in the award to
the successful bidder(s). (See map for project location.)
Construction scheduling, logistics and administration will also be
considered in bid awards. Bidders are not required to bid on all
items or all Alternates.
9. Wages: Wage rates are not required for this work.
10. Invoices: Invoices shall be submitted to the owner within 30
days of material being picked up. Invoices shall include daily
totals of materials picked up and shall be separated by
project.
FIGURE 1: Typical Section:
BID PROPOSAL
Instructions to bidder: For each item you are bidding, fill in pit
location and bid price per ton in TABLE 1. You are not required to
bid on all items or all alternates. Marathon County will split bids
and award each Bid and Item individually to the bid that is the
most cost effective for the County; factoring in trucking,
scheduling, logistics and other costs.
Optional Annual Material Pricing: Vendors are encouraged to submit
a separate sheet(s) with materials available for the 2021
season. Pricing should include the following items.
Primary contact Pit location
Description of material Unit pricing
Any other information deemed necessary for safe and efficient
operations at the sites.
This pricing will typically be used for selecting materials during
the current construction season for maintenance and paving project
with de minimis quantities. BID BOND AND BONDING REQUIREMENTS ARE
NOT REQUIRED FOR ANNUAL MATERIAL PRICING BIDS.
Bid Proposal On:
ALTERNATE 1: Crushing and stockpiling of Base Aggregate Dense 3/4
inch. (Marathon County provides a loader)
ALTERNATE 2: Crushing, stockpiling and loading of Base Aggregate
Dense 3/4 inch. (Material will be loaded into Marathon County
trucks by the Bidder)
ALTERNATE 2: Crushing, stockpiling, loading, hauling, placing, fine
grading and compacting Base Aggregate Dense 3/4 inch, along with
setting immediate work zone signs and flagging in accordance with
the 2020 Wisconsin Flagging Handbook and all incidentals necessary
to complete the work. Note two flaggers will typically be required
for all work completed on the highways. The Handbook can be found
online at the following link.
https://wisconsindot.gov/dtsdManuals/traffic-ops/manuals-and-standards/flagger.pdf
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BID HIGHWAY BID ITEM
305.0110 3/4” AGG.
BASE 11,850 $ $ $
APPROX. EARLY START DATE
STH 97 – CTH S STH 153 – CTH
2’ - 4’ 6/14/21
II CTH P STH 13 – STH 97 3’ - 4’ 8/1/21
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Contractor will furnish the County with Certification of Insurance,
Wage Scale, Liability Insurance, Zoning and DNR Permits and Pit
Agreements. The undersigned, having familiarized himself with the
conditions affecting the cost of the work, having read completely
the specifications, hereby proposes to perform everything required
and to provide and furnish labor, materials, equipment, tools and
all other services and supplies necessary to produce in a complete
and workmanlike manner all of the materials described in the
specifications relating to this project. The following documents
have been submitted as part of this proposal:
I. Certified check equal to ten (10) percent of the total bid or a
Bid Bond equal to ten (10) percent of the total amount.
II. Bid Proposal I further certify that I have carefully examined
the plans, specifications, contract, bonds, and contract documents,
and site where the work is to be done and have no agreements to
prevent the completion of said work. I further agree to enter into
contract as provided in the contract documents under all the terms,
conditions, and requirements of those documents. Company
Name____________________________________________
Address_________________________________________________ Street
City State Zip Code
By______________________________________________________
Title___________________________________________________
Signature_______________________________________________
Telephone_________________________ Date____________, 20__
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Signing Instructions For This Contract and Performance Bond. For a
Corporation: 1. Both President and Secretary must sign. 2.
Corporate seal must be affixed. 3. Two witnesses must sign. For a
Partnership: 1. Both or all partners must sign. 2. Two witnesses
must sign. For a Sole Trader: 1. He/She must sign. 2. two Witnesses
must sign. Name of
Contractor_______________________________________________
Witnesses: By____________________________ President-Owner-Partner
___________________________
By____________________________ ___________________________
Secretary-Partner Affix Corporate Seal Here Dated_______________,
20___
=================================================================
Marathon County Witnesses: By____________________________ Highway
Commissioner ____________________________
____________________________ Approved as to form.
By__________________________ Date_________________, 20___