PAVEMENT MARKING 2022 - AUTHORIZED AGENT: COUNTY HIGHWAY COMMISSIONER JAMES M. GRIESBACH MARATHON COUNTY HIGHWAY DEPARTMENT WAUSAU, WISCONSIN
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
PAVEMENT MARKING
2022
CONTRACT M-2022-5
AUTHORIZED AGENT: COUNTY HIGHWAY COMMISSIONER
JAMES M. GRIESBACH
MARATHON COUNTY HIGHWAY DEPARTMENT
WAUSAU, WISCONSIN
1Notice 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 May 5, 2022 up until 2:00 PM 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 under this contract is for pavement markings which consist of locating and spotting
passing zones; and painting of centerline, edgelines, channelizing lines, arrows, crosswalk lines,
no passing zones and stop lines, as defined in the Special Provisions.
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No bid shall be withdrawn after the opening time of the bids, and for a period of thirty (30) days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.
Compiled and published by authority of the Marathon County Highway Committee, Marathon
County, Wisconsin.
James M. Griesbach, Highway Commissioner
2INSTRUCTION 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.
3SUBMISSION 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.
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
Notwithstanding 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.
4DISPUTE 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 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 superceded 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
5has 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 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.
6COMMENCEMENT 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 calendar 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 one hundred dollars ($100.00) 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".
7GENERAL 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.
8LOCAL 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.
9General 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:
Comprehensive General Liability $1,000,000 per occurrence and $2,000,000 in
aggregate for bodily injury and Property Damage.
Professional Liability Coverage, $1,000,000 per occurrence and $2,000,000 in
aggregate.
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.
10COMMISSIONER 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.
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
11management 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.
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.
12CONTRACTOR'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.
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.
13PAYMENT 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 66.0903 (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.
14BID 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.
15STATUTORY SWORN STATEMENT
_________________________ also deposes and says that they have examined and
carefully prepared their bid proposal from the plans and specifications and has checked
the same in detail before submitting this proposal or bid; that the statements contained
herein are true and correct.
subscribed and sworn to before me this
_____________ day of _______________________, 20___
_____________________________________________________
NOTARY PUBLIC
______________________ COUNTY, STATE OF WISCONSIN
My Commission Expires
_________________________________________________
This affidavit must be attached to and filed with the bid proposal.
16AFFIDAVIT OF ORGANIZATION AND AUTHORITY
STATE OF WISCONSIN
COUNTY OF __________________
_______________________________ being first duly sworn on oath deposes and says
that the bidder on the attached bid proposal is organized as indicated below and that all
statements herein made are made on behalf of such bidder and that this deponent is
authorized to make them.
(Fill out applicable paragraph)
CORPORATION
This bidder is a corporation organized and existing under the laws of the State of
______________________________________________________ and its president
____________________________________________________ and its secretary is
________________________________, and it does have a corporate seal. The
president is authorized to sign construction contracts and bids for the company by action
of its board of directors taken ______________________________, a certified copy of
which is hereto attached. (Strike out last sentence if not applicable).
PARTNERSHIP
The bidder is a partnership consisting of _____________________ and
______________________________ partners doing business under the name of
______________________________________________________________________
______________________________________________________________________
SOLE TRADER
The bidder is an individual and if operating under a trade, such trade name is as
follows: _______________________________________________________________
______________________________________________________________________
ADDRESS
The business address of the bidder is as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Telephone Number:____________________
17STATE OF WISCONSIN.
) ss. AFFIDAVIT
COUNTY OF__________________)
TO: MARATHON COUNTY
MARATHON COUNTY HIGHWAY DEPARTMENT
1430 WEST STREET
WAUSAU, WI 54401
Your affiant, ___________________________, on oath does
(Type Name)
depose and say:
1. That (s)he is an adult, who resides in the City of ____________________
____________________, State of _________________________, and is an officer,
proprietor, Owner or agent of _____________________________________________ a
highway Contractor engaged in completing a project for the County of Marathon.
2. That (s)he makes this affidavit for purposes of complying with Section
66.0903, Wisconsin Statutes, as required by said County.
3. That said Contractor has complied fully with all of the requirements of said
statute, including having received evidence of such compliance from and by each
subcontractor or agent of said Contractor who participated in the said project.
Date: __________________ ____________________________________
Affiant's Signature
___________________________________
Street Address
___________________________________
Subscribed and sworn to before me
This _____ day of _____________, 20___
______________________________________
Notary Public ________________________
My Commission Expires ________________
18(To be used for a 100% Performance Bond)
CONTRACTOR'S 100% PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT, That we __________________________ As
principal and ________________________ as surety are held and firmly bound unto the
county of Marathon, the Owner, in penal sum of
_________________________________________ dollars lawful money of the United
States for the payment of which sum well and truly be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, by these
present. Whereas, the principal has executed and delivered to the Owner, the attached
agreement date ______________________________________, 20_______ covering
______________________________________________________________________
______________________________________________________________________
Now therefore, if the principal shall fully perform all of the provisions and requirements of
the agreement as accepted by the Owner, including any authorized changes in the
agreement that may hereafter be made: shall pay all claims for labor, material,
equipment, insurance and all other services or work in connection with, for or in the
execution of the terms of the agreement or any authorized change or extension thereof,
this obligation shall terminate and be void, otherwise this obligation shall remain in full
force.
The surety, in consideration of value received, agrees that no authorized change,
addition, or extension of time shall affect the obligation of the surety under this bond and
does hereby waive notice of such change, addition or extension of time. IN WITNESS
WHEREOF the said principal and surety have hereunto set their hands and seals this
_______ day of _________________, 20____. In the presence of:
_____________________________ _____________________(SEAL)
Principal
_____________________________ _____________________(SEAL)
Surety
In the presence of:
__________________________ By ______________________(SEAL)
__________________________ Title _______________________
I hereby approve the above bond __________________________________
Marathon County Highway Commissioner
IMPORTANT: The bond must be approved and the approval dated in every case per Section 779.14, 2003-2004
Wisconsin State Statutes. The title of the person endorsing the instrument must be indicated. A Certified Power of
Attorney of signatory agent for corporate surety must be attached in every case where corporate surety is procured.
19PAYMENT BOND
KNOW ALL MEN BY THESE PRESENT: That
_________________________________________________________________
(Name of Contractor)
_________________________________________________________________
_________________________________________________________________
(Address)
_________________________________________________________________
(Telephone Number)
_______________________________________________hereinafter called
(Corporation, Partnership, or Individual)
Principal, and __________________________________________________
(Name of Surety)
hereinafter called surety, are held and firmly bound unto _______
_________________________________________________________________
(Name of Owner)
_________________________________________________________________
_________________________________________________________________
(Address of Owner)
hereinafter called Owner, in the penal sum of____________________
____________________________________ Dollars ($_________________)
in lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION, is that such whereas, the Principal entered
into a certain contract with the Owner, dated the _____ day __________________,
20____, a copy of which is hereto attached and made a part hereof for the construction
of: _________________________________________________________________
NOW THEREFORE, if the principal shall promptly make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the
20prosecution of the work provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricant oil gasoline, coal
and coke, repairs on machinery, equipment and tools, consumed or used in connection
with the construction of such work whether by subcontractors or otherwise, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to terms of the contract or
the work to be performed there under of the specifications accompanying the same shall
in any way affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the work
or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the principal shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in _________________________
counterparts, each of which shall be deemed an original, this the ______ day of
_____________________,20____.
ATTEST:
__________________________ __________________________(Seal)
(Principal) Secretary Principal
By______________________________
______________________________
(Address)
______________________________
______________________________
Witness as to Principal
______________________________
(Address)
______________________________
ATTEST:
______________________________ __________________________(SEAL)
(Surety) Secretary Surety
BY______________________________
Attorney-in-fact
______________________________ ______________________________
Witness as to Surety (Address)
______________________________ ______________________________
(Address)
______________________________
21CONTRACT
FOR
PAVEMENT MARKING
This contract, made this _________ day of ______________________________
20 by________________________ and between ____________________________
hereinafter 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
22performed 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.
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 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.
23SPECIAL PROVISIONS
1. GENERAL: The work under this contract is for pavement markings which consist of locating
and spotting passing zones; and painting of centerline, edgeline, channelizing lines, arrows,
crosswalk lines, no passing zones and stop lines.
2. DEFINITION: The Owner of the project referred to hereafter is the Marathon County Highway
Department, 1430 West Street, Wausau, WI 54401. Phone (715) 261-1800.
3. TIME: All work scheduled and ready for re-marking by June 30, 2022 shall be completed by
September 10, 2022 or liquidated damages shall be charged to the contractor. If additional
work is added to the project, the completion date shall be September 10, 2022 or 30 days
after the work is added, whichever is later.
Contractor shall be given a notice to proceed for Pavement Markings on New Pavement or
Sealed Roads and will have 14 calendar days to complete the work requested in the notice
to proceed. If not completed within time allowed, contractor is subject to liquidated damages.
4. PERMITS & APPROVAL: The Contractor shall be responsible for any permits or approval
that may be required.
5. EXTENSION OF TIME: 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
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.
6. SCOPE OF WORK: The work under this contract consists of furnishing equipment, materials
and labor to spot no passing zones; and painting of centerline, edgeline, channelizing lines,
arrows, crosswalk lines, no passing zones and stop lines. All work shall be in accordance
with the "State of Wisconsin, Department of Transportation; Standard Specifications for
Highway and Structure Construction, 2021 Edition" and the attached supplemental
specifications. Owner reserves the right to adjust final quantities during construction.
24You can also read
