THE CITY OF KENOSHA WISCONSINREQUEST FOR PROPOSAL TO RAZE STRUCTURES - PDF document

1 THE CITY OF KENOSHA, WISCONSINREQUEST FO
THE CITY OF KENOSHA, WISCONSINREQUEST FOR PROPOSAL TO RAZE STRUCTURE(S)AND RESTORE LOT(S)WITH INSTRUCTIONS TO PROPOSERSPROPOSAL NO. ISSUED:Thursday, March 15, 2018 CITY OFFICE WHERE FILED. ASBESTOSCategory I, Category II, and Regulated Asbestos Containing Material (RACM)as defined in 40 CF.R. 61.141 was either not present in the structure(s), or if present, has been removed from the structure(s) by a contractor CONTRACT REQUIRED.TheProposer selected to perform the Work will be required to execute a Contract and related documents on City forms as a condition of performing the Work. All Work 2 is to be performed in accordance with the Contract. A copy of the specimen Contract is enclose INSPECTION AND REVIEW OF SITE AND CITY DATA.Each Proposer has an obligation examine the siteupon which the Workwill be performed to assess conditions and to review any Cityfurnished data.ontactohrab Khaligian,Community Development Specialist,Community Development and Inspections, at 4041 to schedule an onsite inspection.The City will notaccept Proposal from any Proposerwho has not inspected the structure(s) and lot(s)hasnot made other inspection arrangementwith City staffLISTING OF SUBCONTRACTORS, MAJOR MATERIAL SUPPLIERS (OVER $5,000.00), DISPOSAL SITES.Proposals shallinclude on the attached City form a complete list of all subcontractorsandmajor material supplierswhich are suppliers furnishing overin materials. The class of Work to be performed by each subcontractor and major material su

2 ppliershall also be providedThe complete
ppliershall also be providedThe completed list shall also include the disposal sites to be used and where Federal or State law requires certain regulated materials to be disposed of in a Federal or State licensed or permitted disposal site, then such disposal sites shall be used and their License/Permit Number included. The list must be approved by the City and cannot be altered after submission without the written consent of the City. The City reserves the right to reject any Proposal which does not comply with this Paragraph or if in the City's determination any listed subcontractor or major material supplier is deemed not appropriately qualified. ENVIRONMENTAL MATTERS.Where the Workrequires environmental process,abatement, remediation or disposal in a Federal or Statelicensed or permitted disposal sitethe Proposer maypropose alternate methods of doing the Workwith the cost of each alternative separately noted.AWARD OF CONTRACT.TheCity will enter into a Contract with theProposer deemed most qualifiedIn making this determination, the City will consider with respect to eachProposer: general qualifications, special expertise, time in which the Workcan be performed,financial ability to perform the ork, environmental experience and responsibility (where applicable),work record and history, and experience in projects of a similar magnitude.The City reserves the right to reject unqualified or nonconforming Proposals, to reject all Proposalsand request new Proposals, to accept a Proposal f

3 or an individual structure and lot, any
or an individual structure and lot, any combination of structures and lots, or all structures and lots, o accept Proposal(s) if advantageous to the City, or to select themostqualified ProposalThis project is not a public construction contract under Wisconsin law and the City is not required to wardthe Contract to the lowestresponsible Proposer.COMMENCEMENT AND DILIGENT COMPLETIONOF WORK.The Proposerselected to performtheorkwill conduct the Workdiligently until fully complete in accordance with the Contract. Thetime schedule for obtaining a Raze Permit and time of performance is stated in the GeneralSpecifications and Conditions. ��3 &#x/MCI; 0 ;&#x/MCI; 0 ;EXECUTION OF DOCUMENTS.ocuments which are required to be executed by theroposershall be executed as follows:Corporations. By the President and one (1) other officer, preferably the Secretary.Limited Liability Companies. By a Member, if member managed or the Manager ifmanager managed.Partnerships. By each general partner, unless the partnership agreement rovidesotherwise.Sole Proprietors. By each named individual.Any exception to the above must be approved by the City Attorney who may require uchdocuments as may be necessary to consider an exception.DOCUMENTS TO BE SUBMITTED.Proposers shall submit the following documents, on Cityforms, in the course of makinga Proposal.Proposal.Affidavit of Organization and Authority and Careful nspection of Site and Preparation Proposal.List of ubcontractors and ajor Material

4 Suppliers (including disposal site withD
Suppliers (including disposal site withDNR Permit Number, if any). ��1 &#x/MCI; 0 ;&#x/MCI; 0 ;PROPOSAL NOPROPOSALFinance: ndStreet, Kenosha, Wisconsin AddressTax Parcel No Firm: Signature: Type/Print Name: Date: ��1 &#x/MCI; 0 ;&#x/MCI; 0 ;PROPOSAL NO.DETAILED DESCRIPTION OF WORK TO BE PERFORMEDThe following tasks which are hereafter referred to as the "Work" are to be performed in accordance with the Request for Proposal with Instructionto Proposers, the General Specifications and Conditions, and the Contract.1727 52ND STREET Raze and remove all debris from the entire structure including basement walls and floors, remove and replace any sidewalk and curbing as marked by City, remove and cap at curb all sanitary sewer and water laterals, and obtain necessary Federal, State and local permits.Remove detached sign on north side of parcelRemove concrete driveway approach on north side of parcel and replace with full head concrete curb & gutterRemove all concrete and asphalt paving and curbing surrounding structureRemove yellow parking bollard on southeast corner of parcel. ��1 &#x/MCI; 0 ;&#x/MCI; 0 ;PROPOSAL NO.GENERAL SPECIFICATIONS AND CONDITIONSEQUIPMENT AND MATERIAL STORAGE. The use of any other parcel of land for the storing of equipment and materials is prohibited unlessspecificallypermittedtheDirectorommunityDevelopmentand Inspectionsandthe Directorof Public ��2 &#x/MCI; 0 ;&#x/MCI;&#

5 xD 0 ; &#x/MCI; 1 ;&#x/MCI; 1 ;
xD 0 ; &#x/MCI; 1 ;&#x/MCI; 1 ; If an existing curb and gutter secton is overaid with asphaltpavement, the Contractor shall reconstruct the curb and gutter secton and resurface it wth asphalticpavement. The Contractor shall sawcut the pavement andcurb and gutter section in accordance with the Department ofPublic Works requirements. This Work shallbe spected prior topouring.This Work shall also consist of sawcutting, removing and replacing unsuitable foundation underlying the curb and gutter section; provding, installing and compacting crushed aggregate base courseconcrete masonry, expanson felt, nishing, curing and protecting; cleaningbackfilling, restorng sturbed areas and dsposal of excess materialtoolabor, material, equpment, and other incdentals necessary to complete the WorkThe Contractor shall obtainall permits requiredfor removing and replacing curb and gutterprior to the beginning such orkwithin the publicrightway. If any utilities or structures exist within the removal limits, the Contractor shall beresponsible for contacting the City and other appropriate authoritiespromptly.PUBLIC SIDEWALK REMOVAL AND REPLACEMENT.The Contractor shall remove and replace any public sidewalk marked for removal by the City and any public sidewalk damaged bythe Contractor in course of performing the Work. The replacementshall be done using 11/4" base aggregate. The Contractor shall be responsible for maintaining the integrity of the public sidewalk after the removal of the foundation

6 walls. The Contractor shall obtain all r
walls. The Contractor shall obtain all requiredpermitsfor the removal and replacement of any public sidewalk. If the public sidewalk is undermined during the raze process, the City of Kenosha's Department of Public Works shall, in its sole discretion, decide whether the sidewalk must be reconstructed and replaced. The Workshall consist of sawcutting, removing and replacing unsuitable foundation underlying the public sidewalk; providing, installing, and compacting crushed aggregate base course; concrete masonry, expansion felt, finishing, curing and protecting; cleaning, backfilling, restoring disturbed areas and disposal of excess material; tools, labor, materialequipment and all other incidentals necessary to complete Workin accordance with the current edition of the Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction.REMOVAL OF MATERIAL AND DEBRIS. The Contractor shall remove all combustible material, shrubs, junk and debris from the site.DAMAGE OR THEFT. The City does not assume any responsibility to protect any structure or the contents thereof, including, but not limited to, salvageable furnishings, fixtures, or attachments of whatever kind or nature so as to permit salvage prior to the time of razing. The City shall not be liable to the Contractor for any loss,destruction, theft or removal of any property from the premises nor shall the Contractor be entitled to any allowance or other claim against the City should any of said a

7 ctsoccur.FILL MATERIAL AND FINAL GRADING
ctsoccur.FILL MATERIAL AND FINAL GRADING. The Contractor shall use clean fill material with stones not exceeding one inch (1") in diameter and shall fill the lot to match the public sidewalk grade and adjacent lot line grade. A description and the original source of the fill material is required. Soil testing will be necessary if thesource of the fill material is not from a historically clean site or is from an unknown source. The Contractor shall not assume that fill material will be available from the Department of Public Works or the Kenosha Water Utility. No price based upon these assumptions shall be provided and will cause rejection of the Proposal. The final grading plan shall be approved by the City's Erosion ControlInspector. ��3 &#x/MCI; 0 ;&#x/MCI; 0 ; &#x/MCI; 1 ;&#x/MCI; 1 ; EROSION CONTROL. The Contractor shall be responsible for obtaining an Erosion Control Permit andfor complying with the LandDisturbing Erosion and Sediment Control Ordinance as set forth in Chapter XXXIIIof the Code of General Ordinances for City of Kenosha.TOP SOIL, SEEDING AND MULCHING. Upon completion of the demolition, the Contractor shall fill the lot with four (4") to six (6") inches of top soil which shall be seeded with seed mixture 40 or other approved seed mixture and mulched with hay, straw, or other material approved by the City. Seeding and mulching shall be completed when conditions will allowas determined by the CityTop soil shall be clear of rocks, tw

8 igs, foreign materials and clumps that c
igs, foreign materials and clumps that cannot be broken down in order to provide a uniformly texturedsoil.DEMOLITION TECHNIQUES. The Work shall be performed in accordance withaccepted demolition techniques of the National Association of Demolition Contractors, incorporated herein by reference. Water shall be used as a dust suppressant whenever practicable.BLASTING PROHIBITED. The Work will not be performed through blasting with explosives. ��1 &#x/MCI; 0 ;&#x/MCI; 0 ;PROPOSAL NOAFFIDAVIT OF ORGANIZATION AND AUTHORITYAND CAREFUL INSPECTION OF SITE ANDPREPARATION OF PROPOSALSTATE OF WISCONSIN , being first duly sworn, on oath, deposes and says that the Proposershown on the attached Proposal is organized as indicated below, and that all statements herein are made on behalf of the Proposer [Fill Out Applicable Paragraph] CORPORATION.The Proposeris a corporation incorporated and existing in good standing under the laws of the State of and its President is its Secretary is__________________________________. The President is authorized to sign contracts and proposalsfor the Corporationby action of its Board of Directors taken on, a certified copy of which is attached hereto. [Strike out this last sentence, if applicable] ___________________________________________________________________________

9
NAME AND ADDRESSThe name and business address of the Telephone Number: Mail Address: 2 STATUTORY SWORN STATEMENT._____________ alsodeposes and states that he/she has examined the Request for Proposal with Instructions to Proposers, the Detailed Description of Work to be Performed, the General Specifications and Conditions, and any City furnished data, has investigated the site and thesite conditions, and has carefully prepared the roposal from the Request for Proposal with Instructions to Proposers, the Detailed Description of Work to be Performed, the General Specifications and Conditions, and any City furnished data, and checked thsame in detail before submitting this Proposal. The undersigned also deposes and states that the statements contained in this Affidavit are true and correct. Signed: Typed Name Title: Date STATE OF :SS. COUNTY OF Subscribed and sworn to before methis ay of Signature Print Name Notary Public, County, My Commission expires/is: PROPOSAL NOLIST OF SUBCONTRACTORSAND MAJOR MATERIAL SUPPLIERSNAME AND ADDRESS:CLASS OF WORK TO BE PERFORMED:

10
NOTE:Asbestos removal and disposal CONTRACT TO RAZE STRUCTURE(S) AND RESTORE LOT(S)PROJECT NO.BetweenTHE CITY OF KENOSHA, WISCONSINWisconsin Municipal CorporationAnd This Contract to Raze Structure(s) and Restore Lot(s)("Contract") effective as of the last date of execution is entered into between the City of Kenosha,Wisconsin, a Wisconsin with offices located at ("Contractor") W I T N E S S E T H:Whereas, the Contractorhas submitted written roposalto the Cityto razespecific structure(s) and restore lotaccording to the Request for Proposal with Instructions to Proposers, ��2 &#x/MCI; 0 ;&#x/MCI; 0 ;• Performance and Payment BondPermit to RazeList of ubcontractors and Major Material SuppliersCertificates of InsuranceState Notifications and ApprovalsDeterminationsof City Representative in Charge of ProjectAffidavit Respecting Construction Lien Waivers/ReleasesChange OrdersContract notices and such other documents as are referenced herein.Any of the foregoing documents which are not physically attached to thContract are on file in the Finance Department and are incorporated into this Contract by reference.ontractorshall mean the party who proposed to do the Work hereindescribedand whose Proposal was accepted by the CityContractor shall also mean y approved ubcontractorsand major material suppliersirectorshall mean the City'sDirector of Community Development and Inspec

11 tions, or his or her designee.verpayment
tions, or his or her designee.verpaymentshall mean any moneythe Contractorreceived whichthe ontractorwas ot entitled to receive under this Contract, including, butnot limited to, excess payment made in error and payment for defective and/orrejected orkwhich was redone or replaced and accepted by the Cityorkshall mean anycontractual endeavor undertaken bythe Contractorand/orany of the Contractor's approved subcontractors and major material suppliers to accomplish the razing of the specifiedstructuresand the restoration of the specified lotsall in accordance with the Request for Proposal with Instructionto Proposer, the Detailed Description of Workbe Performedand the General Specifications and Conditions contained in the Request for Proposal.ork To Be Performed BContractor And Price/Cost. The ontractorfor the sum of ), will perform and complete, or willcause to be performed and completed, all the Workdefined in this Contract, in agood and workmanlike manner, and it will do so in accordance with and subject to theprovisions of this Contractfor: Address:1727 52nd Street, Kenosha, WisconsinTax Parcel No:Description:Two story, two unit residential brick structure consisting of approximately 3,272 square feet with a basement and attic. ��3 &#x/MCI; 0 ;&#x/MCI; 0 ; The orkshall be performed in accordance with the Request for Proposal with Instructions to Proposers, the Detailed Description of Workto be Performed, and the General Specifications and Conditions contain

12 ed in the Request for Proposal. In the e
ed in the Request for Proposal. In the event of a conflict between this Contractthe Detailed Description of Workto be Performed, and the General Specifications and Conditions, the Detailed Description of Workto be Performedand the General Specificationand Conditions shall control and supersede any nconsistent Contractprovision.CommencementAnd Diligent Prosecution Of Work.The Contractorwill prosecute the Workdiligently until fully complete in accordancewith this ContractThe Contractorshall obtain required permits and commencewith the Workno later than fifteen (15) calendar days of notification of execution of the Contract with directions to proceed from the CityThe Workis to be completed withinthirty) days of notification of execution of the Contract with directions to proceed from the Cityn the event of adispute respecting quantity or quality of the Workthe Contractor shall not refuse to perform the Workand shall not delay the performance of the Workpending the resolution of said dispute. Arbitration is not herein provided for andunresolved disputes may be settled through the Courts.The Contractorhas the duty of requesting an extension of time to complete theWorkfrom Director, in writing, prior to the time for Contractcompletion, where the progress of the Workwas delayed such that the Worknot be completed on time, andthe Contractorwas not esponsible for such delay.Shouldthe Directorgrant an extension,the Contractorwill not be liable forliquidated damages arising out of the delayShould

13 the Directordetermine that theWorkwill n
the Directordetermine that theWorkwill not be completed on schedule through normal methods and where norequest for a time extension has been requested, or if requested, such request was justified,the Directorshall providethe Cotractorwith written notice requiringthe Contractorto take such extraordinary measures as may be required to completethe Workon time, or as close to on time as possible. The failure ofthe Contractortake such extraordinary measures shall be grounds for the Cityto suspend the Workthe Contractornd take such other measures as will assure completion of the Workwithin the Contract time, or if that is impossible, within a reasonable time.However, nothing herein contained shall preventthe Directorfrom stopping theContractorfrom proceeding with he Workbeyond the time set for thecompletion date where the ompletion date was not extended.Contracthe term of this Contractshall be from the last date ofexecution until each of the following:Respecting Work, until completion and acceptance.Respecting arranty, until expiration of warranty term.Respecting Indemnity and Hold Harmless Agreement and Liability Insurance, untilclaims filed, if any, are resolved, or expiration of any applicable tatute of imitations whereclaims have been filed. ��4 &#x/MCI; 0 ;&#x/MCI; 0 ; 5. Termination For CauseIn the event either arty should fail to fulfill in a timelymanner its obligationunder this Contract, the nonbreaching arty shallthereuponhave the right to terminate thisCont

14 ractby giving a ten (10) day writtennoti
ractby giving a ten (10) day writtennotice to the breaching arty of such breach and specifying the date of the terminationif the breaching arty has not timely rectified and remedied the purported breach to thesatisfaction of the arty that gave notice of the breach.The Contractorshall perform no new or additional Workupon receipt of a noticeof termination without the advance, written permission ofthe Director, except asnecessary to cure the default, but not beyond the specified date of termination.Performance And Payment Bond/AssuranceThe Contractorshallprior to approval of the Contract obtain a Performance and Payment Bond orother assurance required by the Cityin a form approved by the City, in the sum of theaccepted Proposal.The Contractorunderstands that the Citymayfilea claim againstbond or assurance should any of the provisions of thisContractnot befaithfully and timely performed bythe ContractorDirectorDecision Final.Should any dispute arise at any time betweenthe Contractorand the Cityas to the true meaning or requirements of thisContractthe manner of xecution of the Workthe quality ofthe Workexecuted, the quality or quantity of materials used, or the timelycompletion of the Work, the decision of the Directorshall be final and conclusiveuntil and unless set aside by a Court of law.The Contractoragrees that hould any decision of theDirectorbe challenged Court, the Court may only set aside a decision ofthe Directorif it is wholly arbitraryand capricious and/or made in complete dis

15 regard of disputed facts.Methods, Labor,
regard of disputed facts.Methods, Labor, Equipment, Materials And Supplies. The Contractorshall select such methods and equipment for the performance of alloperations connected with the Workas will assure professional quality of the Workand arate of progress which will assure the timely completion of the WorkThe Contractors responsible for furnishing all labor, equipment, material and supplies required toperform the WorkSuspension Of Work By The City.The Directorshall have the authority to suspendthe Workwhere the Directorbelieves thatthe Contractoris not performingtheWorkaccordance with this ContractThe Contractorshall have no right to additionalcompensation for delay or a right to an extension of time to complete the Workwherethe Workis suspended bythe Director ��5 &#x/MCI; 0 ;&#x/MCI; 0 ;10. InjunctionsShould a preliminary or temporary injunction suspend the Workfor aperiod of time, the deadline for completion of the Workshall be extended by such time asthe preliminary or temporary injunction was in effect. In the event a permanentinjunction or Court order or judgment prohibits the Work, this Contractshall be nulland void as of the date such injunction, Court order or judgment becomes final,althoughthe Contractorshall be entitled to reasonable compensation for the Workperformed to that date. In the event a permanent injunction, Court order or judgmentreduces the scope of the Work, this Contractshall be deemed modified inaccordance therewith and compensation

16 ofthe Contractorshall be proportionately
ofthe Contractorshall be proportionatelyreduced to reflect the decrease in the scope of the WorkChange Orders For AdditionalWorkAdjustment InPrice.The Contractordoes not have the discretion to refuse to comply with a Change Orderto increase the scope of the Workidentified in the CityRequest for Proposalwith Instructions to Proposers. Increases inthe scope of the Workshall result in a determination of the Contractoradditionalcompensation based upon good faith negotiation, with the Contractas aguideline. Change Orders must be approved by the Cityand the Contractor, andupon approval and execution shall be considered Contractamendment to bekept on file in CityDepartment of Finance and incorporated into this Contractreference. Shouldthe Contractorrefuse to sign a Change Order under circumstanceswhere there is no discretion to do so, theChange Order willbe in full force and effectwithout the Contractor's signature, providedthe Directorattaches thereto a written report soindicating.Claims And Deadlines For Additional Compensation.Any claim bythe Contractorfor additional compensation arising out of circumstancesnot covered by this Contractshall be submitted, in written form, to theirectorwithin fourteen (14) calendar days of the event giving rise to or formingthe basis for such claim, or be deemed forever waived. When the claim foradditional compensation involves the Workwhich will be covered and unavailable forinspection within said fourteen (14) day period of time, the Contractorshallprompt

17 ly providethe Directorwith informal noti
ly providethe Directorwith informal notice and an opportunity for inspectionalthough a formal claim need not be filed earlier than as above provided.The Contractorfurther has a duty to, from time to time, notifythe Directorof anyfacts or events which may lead to a claim for additional compensation as soon asthe Contractoraware of such facts or events.Waiver Of RightsNo failure to exercise, or delay in exercising, any right, poweror remedy hereunder on the part of either arty shall operate as a waiver thereof, norshall any single or partial exercise of any other right, power or remedy preclude anyother further ��6 &#x/MCI; 0 ;&#x/MCI; 0 ;exercise thereof or the exercise of any other right, power or remedy. Noexpress waiver shall affect any event ofdefault other than the event of default specifiedin such waiver, and any such waiver,to be effective, must be in writing and shall beoperative only for the time and to the extent expressly provided therein. A waiver of anycovenant, term or condition contained herein shall not be construed as a waiver of anysubsequent breach of the samecovenant, term or condition.ontractorMajor Material Suppliers, And Disposal SitesThe Contractorwill only use subcontractors, major material suppliersand disposal sites hich are listed in this Contract. Major materialsuppliers shall bethose providing over $5,000.00 in materials. Any changes in said listmust be approved by the CityThe Contractoris responsible for the Worksubcontractorsand/o

18 r suppliersand for delays in the Workocc
r suppliersand for delays in the Workoccasioned thereby.The Contractorhas a duty to remove and replace subcontractors andor suppliers whose involvementin the Workwill result in a breach of this ContractFurthermore, shouldthe Directordetermine theinvolvement of the subcontractors and/or suppliersin the Workwill result in a breach of the Contractthe Directorshall have the right, in writing, to compelthe Contractorto remove and replace saidsubcontractors and/or suppliers. Shouldthe Contractorfail to comply with therequirements of providing notice or emoving and replacing subcontractorsand/or suppliersthe Cityshallhave the option to declare theContractorin breach and exercise the City's rightspursuant to Section 3of this Contract.Control And Protection Of Work SiteThe Contractorshall beresponsible for the control and protection of the Worksite from commencement ofthe Workuntil the Workis completed.The Contractorshall keep the site secure andinaccessible to the public.Salvage RightsThe Contractorshall have all salvage rights by virtue of thisContractCity CooperationCitywill reasonably cooperate withthe Contractorfacilitatethe Contractorperformance of the WorkThe Contractorwill providereasonable notice to the Citywhen the assistance thereof is requested. However, the Cityhas no obligation to supervise or perform any part of the WorkGovernmental Permits And ApprovalsThe Contractoris fullyresponsible, atthe Contractorcost and expense, to obtain suchpermits andapprovals as may be required from

19 any governmental body, including the Ci
any governmental body, including the City, as aprecondition to the performance of the Work, including, but ��7 &#x/MCI; 0 ;&#x/MCI; 0 ;not limited to, raze permit,erosion control permit,andpermits to temporarily obstruct streetsLaw, Rules And RegulationsThe Contractorshall comply with allFederal, State and local laws, rules, regulations and codes applicable to theperformance of this Contractand the Workincluding, but not limited to, anyrequirementsimposed by the WisconsinDepartment of Natural Resources.ContractorEmployees And OnSite RepresentativesAlthoughthe ContractorperformstheWorkas an independent contractor,the Directorshallhave the right to requestthe Contractorto remove and replace any ofthe Contractoremployees involved in the Workwhen said employee does not furnishquality workmanship or is uncooperative with or disrespectful to any Citypersonnel associated with the WorkThe Contractorshall comply with anyreasonable request.The Contractorat all times the Workis being performed, shall assign an employee oragent on the Worksite to be the person to whomthe Directormay furnishinstructions or orders, or make inquiries of at all times when the Workis beingperformed. The name of such employee or agent shall be submitted tothe Director, inwriting, upon commencement of the WorkWater UseThe Contractorhas the obligation to make arrangementswith the KenoshaWater Utility for the use of water and may not use any Kenosha Water Utility hydrantsor other water source with

20 out making arrangements in advance.The C
out making arrangements in advance.The Contractor, where water is required, will be required to obtain a Hydrant Permitand meter from the Kenosha Water Utility, 4401 Green Bay Road.Any deposit and feeshall be paid bythe ContractorSanitation And HealthThe Contractorhas the obligation of arranging fordrinking water and sanitary conveniences for employees, subcontractors, suppliers,and agents thereof and for taking such Worksite precautions as will deter the spreadof infectious diseases.The Contractorshall not use materials in such manner as topose a health hazard.The Contractorshall obey all lawful orders received from aCounty Health Department Sanitarian, or from any duly authorized employee of anyFederal or State agency having jurisdiction over employee, public health, safety orwelfare.InspectionThe Cityhas the right, at its cost and expense, to assign or retaininspectors to determine that the Workis in conformance with the ContractHowever, onlythe ��8 &#x/MCI; 0 ;&#x/MCI; 0 ;Directorcan rejecttheWorkThe use of inspectors by the Cityshallnot relievethe Contractorof the duty of making its own inspections and of itselfrejecting improper or defective Workby its employees, subcontractors, suppliers andagents. The failure of a Cityinspector to notice or reject improper or defective Workshall not waive any rights ofthe Directorto havethe Contractortake correctiveaction atthe Contractorcost and expense to remedy such deficiencies ordefects when discovered. The use of

21 inspectors by the Cityshall not relievet
inspectors by the Cityshall not relievethe Contractorof its duty to maintain a safe workplace.WorkmanshipDemolition Work shall be performed in accordance with accepted demolition techniques of the National Association of Demolition Contractors. Equipment and procedures used must be suitable to and compatible with the nature of the Work, the Worksite, and the prevailing year round weather conditions which affect the Work and the Worksite. Utilitieshe Contractorhas the obligation of obtaining utility locations,clearances, hookups or cutoffs directly from the relevant utility atthe Contractorcost and expense. The Cityshall disconnect gas and electrical power and removepower lines from the structure(s) being razed.Cleanuphe Contractorshall at all times keep the site and offsite areas relatedto the Workincluding all rightways, streets, highways,alleys and private or publicproperty adjacent to the Worksite, in a clean and sanitary condition, free from anyrubbish, debris, surplus or waste materials that have accumulated as a result ofthe WorkWithin ten (10) days after the completion of the orkthe Contractorshall remove allsurplus materials, tools, equipment or plants, leaving the Worksite and offsite areasrelated to the Work, unobstructed, clean and sanitary, ready for their intended use and inas safe a condition as their nature willreasonably permit. Shouldthe Contractorneglect any such duty,the Directormay cause any such Workto be performed atthe Contractorcost and expense.Foundations And

22 Excavationshe Contractorassumes all ris
Excavationshe Contractorassumes all risks andcosts and expenses associated with foundations and excavations, whether actual or,where in the City's opinion, there exists potential of (1) collapse; (2) damage to abuttingpublic or private property; or (3) problems associated with subsurface conditions, surfacewaters, ice or snow. An inspection bytheCityshall be performed prior to back fillingany excavationhe Contractorshall coordinate with the Department of Community Developmentand Inspections to have the inspection performed. Should said inspection, in the ��9 &#x/MCI; 0 ;&#x/MCI; 0 ;Citopinion, indicate any potential of (1) collapse; (2) damage to abutting public private property; or (3) problems associated with subsurfaceconditions,surface waters, ice orsnow,the Contractorshall undertake any action requested by the Cityto address saidpotentialPayment Of Employees, Subcontractors And Suppliershe Contractorshall promptly pay all employees, subcontractors and suppliers for allthe Work, labor, services, supplies or materials which they may directly or indirectlyfurnishin the fulfillment of this ontractandthe Contractorshall secure, as soon aspossible, a waiver of liens or the release of any and all liens which may attach as aresult of the Workhe Contractor, as a condition of payment, shall execute and file Affidavit Respecting Construction Lien Waivers/Releases withthe CityDirector of Finance.Liquidated Damages For Delays In ContractCompletionIn theevent thatthe C

23 ontractorfails to completetheWorkwithin
ontractorfails to completetheWorkwithin thetime the Work is requested to be completed any extension of time for completion of the Work granted by the Directorthe Contractorshall pay to the Cityfor suchdelay the sum of Two Hundred ($200.00) Dollars per day, for each and every day'sdelay in completing the Work. This sum shall be consideredand treated not as a penalty, but as fixed, agreed and liquidated damages due the Cityfromthe ContractorRights Of City UponContractor Defaulthe Contractorrecognizes theright of the Cityto suspendtheWork, to order the revision of nonconforming Work, tolet all or part of the Workor to itself perform such Workas may be required to ensurethe timely completion of the Workor to replace improper or defective Work, asdetermined necessarythe DirectorHowever, none of the above shall relievethe Contractorof its obligations under this ContractOverpayments And Setoffs Unrelated ToContracthe Contractorwill promptly, upon receipt of written demand fromthe Directorrefund any overpayments received. Shouldthe Contractornot comply withsaid demand within thirty (30) days of receipt of the writtendemandthe Contractorshallpay the Cityinterest for said amount at the rate of one (1%) percent per month on theunpaid balance, until paid in full. Shouldthe Contractorowe the Cityany money whichis lawfully due and payable on any account receivable or on any personalproperty tax, forfeiture or fee, whether or not related to the Workunder thisContractthe Contractorauthorizes the City

24 to deduct said amount from anypayment du
to deduct said amount from anypayment duethe Contractorhereunder. ��10 &#x/MCI; 0 ;&#x/MCI; 0 ;32. Safety Precautions.he Contractorduring the performance of the Work, shallassume control of the Worksite and put up and properly maintain, atthe Contractorcost and expense, adequate barriers, warning signs, lights and suchother devices and take such measures as will make the Worksite as safe as the natureof the premises will reasonably permit to protect frequenters as well as persons usingabutting private or public property, from any and all dangers associated with the Workduring both day and night hours.he Directormay orderthe Contractor, by a timeor date certain, to take designated safety measures and the failure ofthe Contractorto promptly obey said order shall result in a penalty of One Hundred ($100.00) Dollarsper day for each day said order is not complied with.he Contractorshall be fullyresponsible for making the Worksite as safe as its nature will reasonably permit andmay not rely upon any inspections, instructions or orders ofthe Directoror the Cityinspectors or lack thereof, in this regard.he Contractorhas an obligation to checkwarning and safety devices on a daily basis. In the event of termination of thisntract prior to completion of the Workthe Contractorshall continue to beresponsible for maintaining the safety of the Workite until relieved of the obligationthe Directoror until another contractor takes possession of the Workite.PaymentAcceptance OfWor

25 kPayment shall be made by the Citycomple
kPayment shall be made by the Citycompletion of the Workand submission of invoice to the City's Directorof Finance, withinfifteen (15) days afterthe Directorexecuted a document accepting the Workas beingperformed in accordance with this Contract, subject to the following:Payment will not be made for so long as any order made tothe Contractorthe irectorseeking compliance with thisContractis not complied with.Paymentwill be reduced by the amount of any claim which the Citymay have againstthe Contractorfor (i) improper, defective or rejected Work(ii) liquidated damagesdue to delay in the schedule of time for the Workcompletion(iii) failing to take safetyprecaution, (iv)the amount of setoffsauthorized by this Contract, or (v) anyother primary liability ofthe Contractorfor which the Citycould be secondarily liable,which secondary liability was not assumed by the Cityunder this ContractTheWorkshall not be accepted bythe Directoruntil all employees, subcontractorsand suppliers have been fully paid for all labor, services, supplies or materialsprovided thereby, and lien waivers or releases have been obtained and filedwiththe CityDepartment of Community Development and Inspections.Independent Contractors, Workers And UnemploymentCompensationhe Contractoracknowledges that it is an independentcontractor and that its employees and agents are not the employees of the Cityforpurposes of Worker's and Unemployment Compensation or any other purpose.he Contractorshall be ��11 &#x/MCI;&#

26 xD 0 ;&#x/MCI; 0 ;responsible for Wo
xD 0 ;&#x/MCI; 0 ;responsible for Worker's and Unemployment Compensationwith respect to its employees.Prohibitions As To Assignment, Subcontracting And JointVentures.he Contractormay not assign this ontractenter into a jointenterprise or subcontractany Workwithout the express written approval ofthe Directorand the Cityis not liable for any costs and expenses arising therefrom. Listedsubcontractors, major material suppliers, and disposal sites are excepted fromthis prohibition. An unlawful assignment, joint enterprise or subcontractshall render thisontractvoidable by theDirectoras of the date thereof, and the Citywill notbe obligated to pay tothe Contractorany money for anyof theWorkperformed by unauthorized party. However, if this ontractis voided,the Contractorwillcontinue to be responsible for maintaining the safety of the Worksite until relieved this obligation bythe Directoror until anotherContractortakes possession ofthe Worksite. TheContractorwill be responsible for any cost, loss, expense ordamages, including actual attorneys fees,the Citymay incur in enforcing this provision.IndemnificationAnd Hold Harmleshe Contractoragrees that itwill, at all times relevant to this ontract, defend, indemnify and holdharmless, the Cityits officers, agents, employees and representatives, from andagainst any and all liability, loss, injury, charges, damages, claims, judgments, costs,expenses or attorneys fees, which they may hereafter sustain, incur or be required topay as a result of any a

27 ction taken or not taken by the Cityor i
ction taken or not taken by the Cityor its officers, agents,employees or representatives to supervise or oversee the adequacy of safetyprecautions taken bythe Contractoror as a result of the willful or negligent act oromission ofthe Contractorand its subcontractors, suppliers, assigns, employees,officers, agents or representatives, resulting in any person or party suffering orsustaining personal injury, death or property loss or damage, or a violation of any otherright protected by law.nsurance.he Contractorand subcontractors shall procure and maintain duringthe Contract erm the minimum insurance coverages listed below, issued by aompany licensed to do business in the State of Wisconsin, having aminimum AM Best Financial Strength Rating of " or betterThe minimum insurance coverages listed below shall be verified by a Certificate of Insurance issued to the City of Kenosha as Certificate Holder and shall provide that should any of the described policies be canceled for any reason or any material changesare made, the issuing insurer will mail thirty (30) days written notice to the City before any cancellation or material change takes effect. The City shall be named as an additional insured with respect to the coverages required by Sections 37(a), 37(b), 37(c) and 37(e) listedbelow and the City shall be provided with the endorsements certifying that the City is an ��12 &#x/MCI; 0 ;&#x/MCI; 0 ;additional insured with respect to said policies. The coverages required

28 by Sections 37(a), 37(b), 37(c) and 37(
by Sections 37(a), 37(b), 37(c) and 37(e) listed below shall be primary and any insurance, selfinsurance or other coverage maintained by the City shall not contribute to it. The Contractor shall provide the City with a primary insurance endorsement certifying that the insurance coverages listed below are provided on a primary and noncontributorybasis. The Contractor shall also provide the City with a waiver of subrogation endorsement.The following minimum insurance coverages must be in effect and continue in effect during theontractermCommercial General LiabilityEachOccurrence$2,000,000.00 AggregateAutomobile Liability (owned, nonowned, leased)$1,000,000.00 Combined Single LimitPollution Legal Liability$2,000,000.00 Each LossWorker'sCompensation: Statutory LimitsEmployer's LiabilityEach Accident$100,000.00 Disease, Each EmployeeDisease, Policy LimitUmbrella LiabilityThe umbrella liability policy shallnot contain anyexclusions or exceptionsnot identified in the Commercial General LiabilityAutomobile Liability or Pollution Legal Liability policies. ooperationhe Contractorshall cooperate with representatives of any andall Local, Federal or State agencies having authority over the WorkFurther, althoughthe Contractorhas possession of the Worksite, the ontractorshallpermitCityemployees and representatives, and employees and representatives ofany Federal or State agency to have reasonable access to the Worksite at alltimes.everability.It is mutually agreed that in case any provision of thi

29 s ontractdetermined by a Courtf law to b
s ontractdetermined by a Courtf law to be unconstitutional, illegal or unenforceable,e intention of the Parties thatall other provisions of this ontracshall remain infull force and effect. ��13 &#x/MCI; 0 ;&#x/MCI; 0 ;40. NondiscriminationIn the performance of the Workunder this ontractthe Contractoragrees not todiscriminate against any employee or applicant foremployment contrary to anyFederal,State or local law, rule or regulation, because ofrace, religion, maritalstatus, age, creed,color, sex, handicap, national origin, orancestry, sexualorientation, income level or sourceof income, arrest record orconviction record,less than honorable discharge, physicalappearance, political beliefsor studentstatus. The Work is to be performed in accordancewith the Federal AmericansWithDisabilities Act.No Third Party Beneficiaries. This ontracis intended to be solelyfor the benefit of the arties hereto. No part of this ontractshall be construed toadd, supplement, amend, abridge or repeal existing rights, benefits or privileges of anythird party or parties, including, but not limited to, employees of either of the arties.Full Agreement Modification. This ontractshall be the full andcomplete agreement and understanding of the arties and shall supersede all oral orwritten statements or documents inconsistent herewith. This ontractcanonlymodified, in writing, by the mutual agreement of the arties hereto, said amendment tobe attached hereto and incorporated hereinNotices. Any not

30 ice required to be given to any arty to
ice required to be given to any arty to this ontractshall be in writing and delivered either by hand or certified mail, return receiptrequested, to the addresses indicated below, or such address as the artiesindicate in writing. Notice shall be effective as of the date of delivery if by hand,or mailing if by certified mail.If to Contractor Attention: If to CityDirector of Community Development and InspectionsMunicipal Building, Room 30852nd StreetKenosha, Wisconsin 53140With a copy to: ��14 &#x/MCI; 0 ;&#x/MCI; 0 ; &#x/MCI; 1 ;&#x/MCI; 1 ;Office of the City AttorneyMunicipal Building, Room 201625 52nd StreetKenosha, Wisconsin 53140Department of FinanceMunicipal Building, Room 208625 52nd StreetKenosha, Wisconsin 53140Execution Authority.Each of the undersigned hereby represents andwarrants that: (a) such arty has all requisite power to execute thisontract: (b) the execution and delivery of this ontractby theundersigned, and the performance of its termsthereby have been duly andvalidly authorized and approved by all requisite action required by law; and (c)this ontract constitutes the valid and binding agreement of theundersigned, enforceable against each of them in accordance with the terms ofthisontractSignature pages follow ��15 &#x/MCI; 0 ;&#x/MCI; 0 ;In Witness Whereofthe parties hereto have hereunto executed thisontracton the dates below given.CITYF KENOSHA, WISCONSINA Wisconsin Municipal

31 CorporationBy:__________________________
CorporationBy:_________________________________JOHN M. ANTARAMIAN, MayorDate:_______________________________By:_________________________________DEBSALAS, City Clerk/TreasurerDate:_______________________________STATE OF WISCONSIN)COUNTY OF KENOSHA)Personally came before me this day of _________________John M. Antaramian, Mayor, and DebSalas, CityClerk/Treasurer of theCityof Kenosha, Wisconsin, Wisconsin municipalcorporation, to me known to be such Mayor and City Clerk/Treasurer of said municipalcorporation, and acknowledged to me that they executed the foregoing instrument as suchofficers as the Contract of said municipal corporation, by its authority.Print Name:Notary Public, Kenosha County, WI.My Commission expires/is: 16 BY:________________________________ Date: _______________________________STATE OF WISCONSIN COUNTY OF Personally came before me thisday of_______________ , to meknown to be such of said , and acknowledged to me that/sheexecuted the foregoing instrument as such as the ontract of said , by its authority. Print Name:_________________________ Notary Public, County, WI. My Commission expires/is:______________ ��1 &#x/MCI; 0 ;&#x/MCI; 0 ;PROJECT NO.PERFORMANCE AND PAYMENT BOND $ BY: (Principal) To And For The Benefit OfThe City of Kenosha, WisconsinKnow All Men By These Presents, that we, as Principal, and __________

32 ________________________________________
__________________________________________________, (Surety), are held and firmly bound unto the City of Kenosha, Wisconsin, a municipal corporation as Obligeein the full and just sum ��2 &#x/MCI; 0 ;&#x/MCI; 0 ; No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date of City acceptance of the work on said Contract, or one (1) year following expiration of any warranty or guaranty covering the work and materials set forth under said Contract, whichever is longer. If this limitation is made void by any law controling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. Signed and dated at Kenosha, Wisconsin, this day of PRINCIPAL By: Witness Name: Title: SURETY By: Witness Name: itle: PERFORMANCE AND PAYMENT BOND Examined and approved as to form and execution this day of By: City Attorney Print Name: PROJECT NOCHANGE ORDER Project Number: Account Number: Contractor: Date of Common Council Action: CITY and CONTRACTOR agree that the above Contract is amended by (increasing) (decreasing) the amount of the Contract by $from $to $ This amendment shall have the effect of (increasing) (decreasing) (not changing) the date of Project completion from to This Change Order is approved by:CONTRACTORCITY OF KENOSHA, MAYOR By: Print Name:Print Name: Date:Date: ��1 &#x/MCI; 0 ;&#x/MCI; 0 ;PR

33 OJECT NO.AFFIDAVIT RESPECTINGCONSTRUCTIO
OJECT NO.AFFIDAVIT RESPECTINGCONSTRUCTION LIEN WAIVERS/RELEASES STATE OF :SS COUNTY OF Project Number: Contractor: I, being duly sworn, state that: 1. the Contractor, who is authorized to make this Affidavit on behalf thereof. The Contrac ��2 &#x/MCI; 0 ;&#x/MCI; 0 ;4. The Contractor has fully paid all subcontractors and material (whether major orminor) suppliers the amounts they are due and owing under their respectivecontracts and purchase orders and has obtained lien waivers or releases, which have been previously filed or are being filed with this Affidavit.The Contractor has full and accurate records whichclearly show the name aaddress of every subcontractor and material supplier used in connection with the Work on the Project, as well as the actual sums paid thereto. These records will be kept at the Contractor's principal place of business, as evidence of compliance set forth above, and will be retained and made available for inspection for a period of at least three (3) years following the completion of this Project and will not be removed from the Contractor's principal place of businesswithout prior notification to the City Clerk of the City of Kenosha. By: Print Name: Title: Date: STATE OF :SS. COUNTY OF Subscribed and sworn to before methis ay of Signature Print Name Notary Public, County, My Commission expires