OFFICIAL NOTICE #5305 by onetwo3four

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									                                        OFFICIAL NOTICE # 57164

                                           INVITATION FOR BID

                    SNOW REMOVAL SERVICESAT THE CENTRUY CITY SITE
                          (formerly known as the Tower Automotive Site)

THE DEPARTMENT OF CITY DEVELOPOMENT, OF THE CITY OF MILWUAKEE, ON BEHALF
OF THE REDEVELOPMENT AUTHORITY OF THE CITY OF MILWAUKEE, will receive bids to
provide Snow Removal Services at the Century City Site (formerly known as the Tower Automotive Site) until
11:00 a.m. on December 16, 2009, at the Department of City Development BID DESK, located on the second
floor at 809 N. Broadway, Milwaukee, Wisconsin 53202. All bids must be time-stamped by 11:00 a.m.,
December 16, 2009, in order to be considered. Bids received after the date and the time specified above will
not be opened and read and will be deemed rejected.

          Copies of the Bid may be obtained at the same location free of charge or via the Internet at:

                                             www.mkedcd.org/rfp

           Questions regarding this Bid should be addressed to Scott Stange in writing via email at:
sstang@milwaukee.gov. Deadline for questions regarding the Formal Bid are due by, December 8, 2009. Any
 additional information and/or clarification(s) regarding this Bid will be posted in the form of an addendum to
                                         this BID by December 9, 2009.


                                     Department Of City Development
                             Redevelopment Authority of the City Of Milwaukee
                                           809 North Broadway
                                      Milwaukee, Wisconsin 53202

                                              November 24, 2009
                                         ATTACHMENTS


Invitation for Bid Form #57164 (return with your bid)……………………………………………1 Page

Bid Terms and Conditions…………………………………………………………………………6 Pages

Non-Collusive Affidavit (return with your bid)…………………………………………………….1 Page

EBE Provisions and forms (Return Form A with your bid)…………………………………….7 Pages

LBE Provisions and form (Return Affidavit if Applicable)………………………………………3 Pages

Living Wage applies to this bid & payrolls will be monitored…………..............................3 Pages

Bid Bond & Bid Bond Affidavit (return with your bid)…………………………………………...3 Pages

Performance and Payment Bond – Sample -…………………………………………………...2 Pages

Project Requirements……………………………………………………………………………...3 Pages

References (return with your bid)…………………………………………………………………1 Page

Slavery Disclosure Affidavit……………………………………………………………………….1 page

Inventory of Equipment - Attachment A (return with your bid)…………………………………1 page

Scope……………………………………………………………………………………….……….9 pages

Maps………………………………………………………………………………………...……….2 pages
                            DEPARTMENT OF CITY DEVELOPMENT
                                                  809 N. Broadway
                                             Milwaukee, Wisconsin 53202



                                                INVITATION FOR BID
Date Issued:      November 24, 2009                                    Bid No.     57164
Sealed bids, SUBJECT TO THE TERMS AND CONDITIONS OF THIS INVITATION, ITS SCOPE, AND THE ATTACHED
GENERAL PROVISIONS, will be received and MUST be time stamped in at the above office, 2nd Floor, Bid Desk, until
11:00 A.M., December 16, 2009, and at that time publicly opened, for furnishing the following supplies or services, at the
time specified, or proposed, for delivery.
   General information and instructions to bidders are contained in the terms and conditions attached hereto.


ITEM                      SUPPLIES OR SERVICES                                                TOTAL
 NO.                                                                                          PRICE

  1      Furnish labor, materials, and equipment necessary for snow
         and ice removal at the Century City Site pursuant to the
         attached standards and specifications:
                                                                          $ ________________________ per plowing

  2      Furnish labor, materials, and equipment necessary for the
         salt applications at the Century City Site pursuant to the
         attached standards and specifications:
                                                                          $ ________________________ per salting




In compliance with the above, the undersigned offers and agrees, if this Bid be accepted, within 30 calendar days
of receiving a Notice to Proceed letter, to furnish any or all of the items upon which prices are quoted at the price
set opposite each item, delivered at the designated point(s) and within the time specified by the Bidder.
                                                              MANUAL SIGNATURE REQUIRED BELOW
NOTE: (PLEASE Type or Print)

VENDOR NAME:                                                  SIGNATURE:


ADDRESS:                                                      TITLE:


CITY/STATE/ZIP:                                               TYPE NAME:


PHONE:                                                        TYPE TITLE:


FAX:                                                          DATE:
                       INVITATION, INSTRUCTIONS, TERMS AND CONDITIONS

                                     FOR FORMAL BID & CONTRACT
Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled
individuals through sign language interpreters or other auxiliary aids. For additional information, or to
request this service, contact Scott Stange, 809 N. Broadway, 3rd floor, Milwaukee, Wisconsin 53202
Phone: (414) 286-5727, E-Mail:sstang@milwaukee.gov

IMPORTANT!!!!!!

YOUR BID MUST MEET THE PLANS AND/OR SPECIFICATIONS SET FORTH. BIDS MUST BE
SUBMITTED ON THE FORMS PROVIDED. YOUR BID MUST BE SIGNED BY A PERSON (OR
PERSONS) AUTHORIZED TO LEGALLY BIND YOUR FIRM TO THE CONTRACT YOUR BID MAY
BECOME, OR IT WILL NOT BE CONSIDERED. THE CONTRACTOR'S SECTION OF THE BID
SIGNATURE PAGE MUST BE FULLY COMPLETED AND WITNESSED IN ORDER FOR YOUR BID
TO BE CONSIDERED. BID BOND, IF REQUIRED, MUST BE SUBMITTED WITH YOUR BID.

Any special conditions in the Invitation to Bid shall take precedence over any conflicting provisions stated
elsewhere in these terms and conditions.

   SPECIFICATION APPEALS: Specifications that contain a term, condition, or provision that
    prevents one from bidding or are restrictive relative to the market and/or the service
    requirements of the City, can be appealed by filing a written appeal with the City of Milwaukee
    Purchasing Director at least five (5) business days prior to bid closing. EFFECTIVE AUGUST 8,
    2001 THE FEE REQUIRED FOR A VENDOR TO APPEAL THE BID SPECIFICATIONS
    (PURSUANT TO s. 16-05 OF THE CHARTER AND s. 310-19 OF THE CODE), SHALL BE 1% OF
    THE ESTIMATED DOLLAR AMOUNT OF THE CONTRACT. IF YOUR APPEAL IS UPHELD, THE
    APPEAL FEE SHALL BE REFUNDED. THE APPEAL FEE IS A PREREQUISITE FOR PURSUING
    THE APPEAL AND MUST ACCOMPANY YOUR APPEAL. PLEASE CONTACT THE
    APPROPRIATE PURCHASING AGENT FOR INSTRUCTIONS.

   BID FINDING APPEALS: All bidders will be notified, in writing, of the City's findings with
    regard to determining the low bidder or bidders in response to this invitation. EFFECTIVE
    AUGUST 8, 2001, THE FEE REQUIRED TO APPEAL RECOMMENDATIONS OF AWARDS
    (PURSUANT TO s 16-05 OF THE CHARTER AND s 310-19 OF THE CODE), SHALL BE 1% OF
    THE DOLLAR VALUE OF THE RECOMMENDED AWARD. IF YOUR APPEAL IS UPHELD,
    YOUR APPEAL FEE WILL BE REFUNDED. THE APPEAL FEE IS A PREREQUISITE FOR
    PURSUING THE APPEAL AND MUST ACCOMPANY YOUR APPEAL. IF YOU WISH TO APPEAL
    THE CITY'S FINDINGS, FOLLOW THE INSTRUCTIONS PROVIDED WITH THE NOTICE OF
    FINDINGS LETTER.

   AWARD: Will be made to the lowest responsible and responsive bidder complying with the
    specifications and the specified delivery requirements.

   BID BONDS, PERFORMANCE BONDS, INSURANCE:
    o BID BONDS: If required, a bid bond in the amount specified must be approved by the Office of
       the City Attorney as to its form and execution prior to its submittal. All bid bonds will expire at the
       time that the successful bidder is awarded a contract with the City.
    o PERFORMANCE BONDS: If required, a performance bond in the amount specified in the Bid, is
       to be provided by the successful bidder to The Department of City Development (DCD),
       Procurement Services Section, within ten (10) calendar days after receipt of the contract. Failure
       to do so can make the contract voidable at DCD’s discretion. Performance bonds must be
       approved by the Office of the City Attorney prior to the commencement of any work.
    o   INSURANCE: If applicable, an insurance certificate, which meets the City's requirements, shall
        be provided to DCD’s, Procurement Services Section with the bid or as stated in the
        bid/specifications. Failure to do so can make the contract voidable at the DCD's discretion. Said
        insurance certificate must be approved by the Office of the City Attorney prior to the
        commencement of any work.
    o   The bid bond, the performance bond, and the insurance certificate must be issued by companies
        licensed to do business in the State of Wisconsin, or signed by an agent licensed by the State of
        Wisconsin. The City of Milwaukee will be named as an additional insured with respect to liability
        coverage.
    o   The bid bond, performance bond, and insurance certificate must be accompanied by an affidavit
        setting forth that: No City official or City employee has any interest, directly or indirectly, or is
        receiving any premium, commission, fee or other thing of value on account of the sale, furnishing
        of the bid bond, performance bond or insurance certificate. Said affidavit must be signed by the
        same agent who signs the bid bond, performance bond or insurance certificate.

   BID DEPOSITS: If required, your deposit in the amount specified in the Bid must be submitted in your
    bid envelope with your bid. Your deposit must be in the form of a cashier's or teller's check, certified
    check, or money order only. All bid deposits will be returned to all bidders at the time that the
    successful bidder is awarded a contract with DCD.

   SAFETY REQUIREMENTS: All material, equipment, and supplies provided to DCD must fully comply
    with all safety requirements as set forth by the Wisconsin Administration Code and all applicable
    OSHA Standards.

   DELIVERY F.O.B. DESTINATION: All bid prices must include delivery F.O.B. Destination to the
    address as indicated at time of order placement.

   TAXES TO BE EXCLUDED FROM PRICE: All bids must be submitted without the inclusion of
    Federal excise and Wisconsin sales taxes as the City is exempt therefrom.

   SIGNATURE REQUIREMENT:
    o BIDS MUST BE SIGNED: This bid must be manually signed by the bidder or contain his/her
       name in such a manner that the bid can be identified as being his/her bid. All attachments,
       additional pages, addenda, or explanations supplied by the bidder with this bid will be considered
       as part of the bid. However, they may be rejected as counteroffers when in conflict with the terms
       and conditions stated herein.

   PACKAGING: Materials shall be clearly labeled and packaged in accordance with Federal and
    Wisconsin requirements, and as specified in the terms and conditions of the invitation to bid.

   SUBSTITUTIONS AND EQUIVALENTS: Substitutions or equivalents of specified items may be
    permitted at the sole discretion of DCD. If bidding other than the specified product, make and model
    number, descriptive literature must be submitted with the bid. Failure to do so may be cause for
    rejection. Factors considered when evaluating the acceptance of a substitution or equivalent include,
    but are not limited to considerations such as size, color, compatibility, performance capability, and/or
    warranty.

   RIGHT TO REJECT: DCD reserves the right to reject any and/or all bids.

   RIGHT TO ACCEPT ALL OR PART OF BID: DCD reserves the right to accept all or part of any bid.

   WITHDRAWAL OF BIDS: Bids may be withdrawn only in total, and only by a written request prior to
    the award of the contract. DCD has sole discretion to grant this request for a bid withdrawal and only
    in the case of an error that will result in a significant financial hardship. Partial bid withdrawal is not
    acceptable.
   AMENDMENT OF BIDS:
    o By DCD: Bids may be amended in response to need for further clarification, specification
      changes, new opening dates, etc. Copies of the amendment will be posted at:
      http://www.mkedcd.org/RFP and should be signed by the bidder and returned as specified in the
      amendment.
    o By Bidder: Bids may only be amended by submitting a later dated bid that specifically states that
      it is amending an earlier bid. No bid may be amended after bid closing. Any amended bid that
      conflicts with the terms and conditions stated herein will be considered a counteroffer and may be
      rejected.
    o Upon Request of Bidder: If any of the terms and conditions prevent you from bidding,
      consideration will be given, if possible, to a bidder's request for a change. This request must be
      submitted in writing to DCD eight (8) business days prior to bid closing. If granted, it will require
      sending an addendum to all prospective bidders.

   COUNTEROFFERS: Counteroffers, changes to any terms, conditions, specifications or plans stated
    herein made without the approval from DCD may result in bid rejection.

   TIE BIDS: In the event of tie bids, the award will be made in accordance with the provisions set forth
    in the rules and procedures of the DOA, Business Operations Division, Procurement Services
    Section, which are incorporated and made part of this contract by this reference.

   OFFER AND ACCEPTANCE: The proper submission of this form by the bidder will be considered as
    the bidder's offer to enter into a contract in accordance with the provisions herein set forth. All bids
    shall remain open for sixty (60) calendar days from the date of bid closing, unless otherwise specified.
    If your bid is accepted and a contract is issued, then this bid will constitute the entire contract
    between the City and your firm and it shall contain all the terms and conditions agreed on by the
    parties hereto, and no other agreement regarding the subject matter of this bid shall be deemed to
    exist or bind any of the parties hereto. Acceptance will take place only upon award by the
    Commissioner of DCD, execution of this document by the proper City officials, and delivery of the fully
    executed contract to the successful bidder.

   APPLICABLE LAW: Except as provided herein, Wisconsin will be the forum for all disputes.

   ASSIGNMENT OR SUBCONTRACT: This contract may not be assigned by the successful bidder
    without the written consent of DCD. All subcontractors must also be approved by DCD.

   CONTRACT CONTINGENT UPON FUNDING: The failure of the Common Council of the City of
    Milwaukee to appropriate funds for the performance of the contract shall void the contract.

   RIGHT TO ORDER WITHIN 10%: DCD reserves the right to order within ten percent (10%) more or
    less of the quantities specified in the contract.

   PURCHASE ORDER(S): No shipments shall be made under the contract until a purchase order or
    vendor contract has been received unless otherwise agreed to by DCD. Note: A purchase order is
    not issued for a vendor contract (formerly known as a blanket contract).

   NONDISCRIMINATION: The successful bidder will not discriminate against any qualified employee or
    qualified applicant for employment because of sex, race, religion, color, national origin or ancestry,
    age, disability, lawful source of income, marital status, sexual orientation, gender identity or
    expression, past or present membership in the military service, familial status, or based upon
    affiliation with, or perceived affiliation with any of these categories as provided by Section 109-9 of the
    Milwaukee Code of Ordinances. This provision must be included in all subcontracts. Contractor
    agrees that they will comply with all applicable requirements of the Americans with Disabilities Act of
    1990, 42 U.S.C. 12101, et seq.
   AMENDMENTS TO CONTRACT: The contract can only be modified by a written amendment issued
    by DCD’s, Procurement Services Section and signed by both parties. Amendments other than
    described above, will not be recognized by DCD.

   INDEMNIFICATION: The successful bidder will indemnify and hold harmless DCD and the City
    against all damages, losses, liabilities, judgments, costs and expenses arising out of the successful
    bidder's performance or failure to perform under the contract.

   DEFENSE OF SUITS: Contractor will save and indemnify and keep harmless, DCD and the City of
    Milwaukee against all liabilities, judgment costs and expenses which may be claimed against the City
    in consequence of the granting of this contract. In case any action in court or proceeding before an
    administrative agency is brought against DCD or the City of Milwaukee or any of its officers, agents,
    or employees for the failure or neglect of the contractor in whole or in part to perform any of the
    covenants, acts, matters or things by this Contract undertaken, or for injury or damage caused by the
    alleged negligence of the contractor, its officers, agents or employees, the CONTRACTOR shall
    indemnify and save harmless DCD or the City of Milwaukee and its officers, agents and employees
    from all losses, damages, costs, expenses, judgments, or decrees arising out of such action. DCD
    and/or the City of Milwaukee shall tender the defense of any claim or action at law or in equity to the
    contractor or contractor's insurer, and upon such tender it shall be the duty of the contractor and
    contractor's insurer to defend such claim or action without cost or expense to DCD or the City of
    Milwaukee or its officers, agents, or employees. The contractor shall be solely responsible for the
    conduct and performance of the services required under the terms and conditions of this Contract and
    for the results therefrom.

   WAIVER: One or more waivers by any party of any term of the contract will not be construed as a
    waiver of a subsequent breach of the same or any other term. The consent or approval given by any
    party with respect to any act by the other party requiring such consent or approval shall not be
    deemed to waive the need for further consent or approval of any subsequent, similar act by such
    party.

   SANCTIONS: If any document submitted by a contractor requesting certification as an Emerging
    Business Enterprise for the purpose of participating in any City contract contains false, misleading or
    misrepresenting information, the City may direct the imposition of any of the following sanctions on
    the contractor:
    o Withholding of payment
    o Termination, suspension or cancellation of the contract in whole or in part.
    o Denial to participate in any further contracts awarded by the City.

   TAX PAYER IDENTIFICATION NUMBER: The contractor must provide accurate information related
    to its taxpayer identification number. If incorrect information is provided and the contractor fails to
    adequately and timely respond to DCD's efforts to obtain corrected information, the City may impose
    a fee equal to the City's added costs for meeting backup withholding requirements. This sum may be
    deducted from payments owed the contractor pursuant to this or other contracts, or may be billed
    separately. Failure to cooperate with DCD in this regard, or failure to pay a fee imposed under this
    provision, could result in the contractor being barred from participating in future City contracts.

   GOVERNMENT PRICING: Vendors may bid lower than U.S. Government contract prices. The City is
    exempt from the Robinson Patman Act. Quotation must conform to government regulations on prices
    and wages.

   DELAYS IN DELIVERY: Delays in delivery caused by any bona fide strikes, government priority or
    requisition, riots, fires, sabotage, acts of God, or any other delays deemed, by DCD, to be clearly and
    unequivocally beyond the contractor's control, will be recognized by DCD. The contractor may be
    relieved of the responsibility of meeting the delivery time as stipulated in the contract upon
    contractor's filing with DCD, just and true statements requesting an extension of delivery, signed by
    the contractor and giving in detail all the essential circumstances which, upon verification by DCD,
    justify such action under the provisions of this section by DCD. The request must be filed with the
    Commissioner of DCD no later than SEVEN (7) CALENDAR DAYS PRIOR TO THE ACTUAL
    DELIVERY DATE. Failure to file this request for delivery extension shall render the contractor liable
    for the difference between the "open market" and the contract price, and other costs, as applicable,
    under the Uniform Commercial Code.

   WARRANTY: The Contractor agrees that the supplies or services furnished under this contract shall
    be covered by the most favorable commercial warranties the Contractor gives to any customer for
    such supplies or services and that the rights and remedies provided herein are in addition to and do
    not limit any rights afforded to DCD by any other clause of this contract.

   MATERIAL SAFETY DATA SHEETS: When applicable, vendors shall supply DCD with a MATERIAL
    SAFETY DATA SHEET for any hazardous material purchased. In addition, the vendor shall supply
    any material related to the safe use of this material and hazards associated with its use, including but
    not limited to the installation procedures and personnel protective equipment requirements. All
    hazardous components shall be identified.

    ALL DATA SHEETS MUST HAVE THE CORRESPONDING CITY PURCHASE ORDER NUMBER
    OR CONTRACT NUMBER CLEARLY PRINTED ON THE FIRST PAGE. Sheets must be sent to
    DCD prior to the shipment of the material. NO PAYMENTS WILL BE MADE UNTIL THE MATERIAL
    SAFETY DATA SHEETS ARE RECEIVED.

   QUALITY: Unless otherwise required by terms of the solicitation, all goods furnished shall be new, in
    current production, and the best of their kind. When applicable, parts and maintenance service shall
    be reasonably available. New equipment that is obsolete or technically outdated is not acceptable.
    Remanufactured or reconditioned items are not considered new. Items shall be properly packaged,
    packed, labeled, and identified in accordance with commercial standards acceptable to the trade and
    as required by Interstate Chambers of Commerce and other federal and state regulations. Packing
    slips shall accompany the shipment.

   EXTENSIONS: Agreements shall run for the period indicated. Option of extension, if mutually
    agreeable to both DCD and the contractor, shall be in writing and exercised within sixty (60) days of
    the contract expiration date.

   PAYMENT FOR CONTRACT PERFORMANCE: Upon the complete performance of this contract by
    the contractor and after the acceptance of said performance by DCD, the City shall pay to the
    contractor any balance then remaining due and payable under the terms of this contract for said work,
    material, services, items, supplies or equipment.

   CONTRACT DEFAULT: If the Contractor shall fail to fully and completely perform the contract within
    the time designated for the performance thereof, the contractor shall pay DCD, liquidated damages
    for such default, any amount of any deposit or bond required by the bid. Failure to require such
    amounts, deposits, or bonds shall not limit the remedies otherwise available to DCD.

   INTEREST IN CONTRACT: No officer, employee or agent of DCD or the City of Milwaukee who
    exercises any functions or responsibilities in connection with the review, approval or administration of
    this contract shall have any personal interest, direct or indirect, in this contract.

   EMPLOYMENT DISCRIMINATION PROHIBITED: Contractor shall not discriminate against any
    qualified employee or qualified applicant for employment because of sex, race, religion, color,
    national origin or ancestry, age, disability, lawful source of income, marital status, sexual orientation
    or familial status. Contractor must include a similar policy for all of its subcontractors.
   BID: The bidder, by the properly executed signatures as required, hereby proposes to furnish the
    supplies, equipment, work, material, labor, or services described on the bid, in accordance with the
    Invitation, Instructions, Terms and Conditions for Formal Bid and Contract form and specifications,
    plans, special conditions, terms and conditions stated herein, and if the bid is accepted, the bidder
    agrees that all provisions set forth herein will become binding as a contract upon the fulfillment of all
    conditions precedent set forth herein.

   GUARANTEED DELIVERY: Failure by the contractor to adhere to the delivery schedule as specified,
    or to promptly replace rejected or defective materials, shall render the contractor liable for the
    difference between the "open market" and the contract price, and/or other costs as applicable under
    the Uniform Commercial Code.

    WHEN APPLICABLE, DCD RESERVES THE RIGHT TO AWARD WITH OR WITHOUT THE
    TRADE-IN, WHICHEVER IS IN THE BEST INTEREST TO DCD

   FEDERAL EXECUTIVE ORDERS 12549 AND 12689 DEBARMENT AND SUSPENSION: DCD
    reserves the right to cancel this contract with any federally debarred contractor or a contractor that is
    presently identified on the list of parties excluded from federal procurement and non-procurement
    contracts.

   OTHER PROVISIONS: Both parties understand that DCD is bound by the Wisconsin Public Records
    Law, and as such, all of the terms of this Agreement are subject to and conditioned on the provisions
    of Wis. Stat. Section 19.21, et seq. Contractor acknowledges that it is obligated to assist DCD and
    the City in retaining and producing records that are subject to Wisconsin Public Records Law, and
    that the failure to do so shall constitute a material breach of this Agreement, and that the Contractor
    must defend and hold DCD and the City harmless from liability under that law. Except as otherwise
    authorized, those records shall be maintained for a period of seven (7) years after receipt of final
    payment under this Agreement.

   FAIR TRADE PROVISION: If this bid relates to the purchase of food or beverages, the contractor is
    urged to make Fair Trade products available in accordance with Common Council Resolution Number
    070280 declaring the City of Milwaukee a Fair Trade City, effective July 18, 2007.

   SUBCONTRACTOR PAYMENT: If this bid has subcontractor requirements, prime contractor must
    pay subcontractor(s) within ten working days of the contractor's receipt of payment from the City of
    Milwaukee, or ten days from receipt of a properly submitted and approved invoice from the
    subcontractor, whichever is later. If the contractor/vendor fails to make timely payment to a
    subcontractor, the contractor/vendor shall pay simple interest at the rate of one percent (1%) per
    month, beginning with the 11th calendar day.
                                          NON-COLLUSIVE AFFIDAVIT
                                               AFFIDAVIT


State of                                   ) SS
County of                                  )

                                                       , being first duly sworn, deposes and says:

(1) He/She is ________________________________________________________________
of                         (owner, partner, officer, representative, or agent)

____________________________________________________________________, the
Bidder that has submitted the attached Bid;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;

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

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

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



__________________________________________                                                      Signature
of (Check One):

__________Bidder if the bidder is an individual;
__________Partner if the bidder is a partnership;
__________Officer if the bidder is a corporation.


Subscribed and sworn to before me this

            Day of                                , 20___.

_________________________________________
                     (Notary Signature)

My Commission Expires _______________, 20__
                      EMERGING BUSINESS ENTERPRISE PROVISIONS

I. General

A. In accordance with Chapter 360 of the Milwaukee Code of Ordinances Emerging Business
Enterprise (EBE) participation is required in all contracting activities of the Business Operations
Division, Procurement Services Section. The ordinance requires that certified EBEs be utilized
for 18% of the total dollars annually expended through commodity or service contracts and 25%
through Construction. In an effort to meet these requirements the Department of City
Development (DCD), requires all bidders to utilize EBEs as subcontractors and/or material
suppliers on all contracts. For this contract, bidders are required to achieve a minimum 25%
EBE participation.

B. The vendor shall prepare and submit accurate and timely EBE utilization forms and reports to
DCD’s, Procurement Services Section. The report shall include, but not be limited to, EBE
participation for subcontractors (Form A), EBE monthly report (Form D), and EBE subcontractor
payment certification (Form E) forms as directed. Failure to submit the forms and/or reports to
DCD’s, Procurement Services Section may result in disqualification of future bids, delay of
payments, or other sanctions deemed appropriate. The final contract payments will not be made
until final EBE monthly report (Form D) and EBE subcontractor payment certification (Form E)
are on file with DCD’s, Procurement Services Section.

C. During the performance of this contract, DCD’s, Procurement Service Section reserves the
right to conduct compliance reviews. If the contractor is not in compliance with the
specifications, DCD’s, Procurement Services Section will notify the contractor in writing of the
corrective action that will bring the contractor into compliance. If the contractor fails or refuses to
take corrective action as directed, except in the case of fraudulent information, DCD’s,
Procurement Services Section may take one or more of the following actions listed below:

        1. Terminate or cancel the contract, in whole or in part.
        2. Possible debarment of the contractor from bidding.
        3. Withhold payments on the contract.
        4. Any other remedy available to the City by law or in equity.

II. Definitions

A. "EMERGING BUSINESS ENTERPRISE" (EBE) means a small business concern that is
owned, operated and controlled by one or more individuals who are at a disadvantaged. The
disadvantaged individuals must have day-to-day operational and managerial control and interest
in capital, financial risks and earnings commensurate with the percentage of ownership.

B. "DISADVANTAGED INDIVIDUAL" means a person who is a citizen or lawful permanent
resident of the United States and who has experienced and who continues to experience
substantial difficulty in achieving business-related success as defined in subsection 5 of Chapter
360 of the Milwaukee Code of Ordinances.

C. "OWNED/OPERATED AND CONTROLLED" means a business which is one of the following:

        1. A sole proprietorship legitimately owned and operated and controlled by a
        disadvantaged individual as identified in subsection 12.
        2. A partnership or joint venture legitimately owned, operated and controlled by
        disadvantaged individuals who owned at least 51% of the beneficial ownership
        interests in the enterprise and who hold at least 51% of the voting interests of the
        enterprise.
       3. A corporation legitimately owned, operated and controlled by one or more
       disadvantaged individuals who owned at least 51% of the outstanding shares
       and who hold at least 51% of the voting interests of the corporation.

III. EBE Utilization Requirements

A. Each vendor shall utilize EBE to a minimum of 25% on this contract. Note that the vendor
shall be required to attain EBE participation on their base bid (excluding specified, alternatives,
and change orders). EBE commitments relative to contract award shall be based upon the
approved EBE participation form (Form A).

B. The determination of EBE utilization shall be based on the following criterion:

1. The firms identified as EBE by the prime contractor on the EBE Participation Form must be
certified by the City of Milwaukee's Emerging Business Enterprise Program prior to bid opening.

2. The prime contractor shall be credited for the entire expenditure to EBE firms only if all of the
identified scope of work is performed directly by the certified EBE firm.

3. The prime contractor shall be credited for the entire expenditure to an EBE manufacturer only
if the manufacturer produces goods from raw materials or substantially alters them for resale.
Only 20% of the EBE participation may be extended for EBE suppliers that do NOT
manufacture the products they supply.

4. The prime contractor shall count toward the EBE requirement only those payments to EBEs
who perform a commercially-useful function in the actual performance of the contract. While that
generally means an EBE should be engaged in direct contract work, a “commercially-useful
function” may also include management of a third tier subcontractor. For example, while an EBE
trucking subcontractor is always expected to perform some direct work on the project, in some
cases it may become necessary to subcontract work out to one or more third tier
subcontractors. If a third tier subcontractor is also an EBE, the full amount of the work
performed by that third tier EBE can be counted toward EBE participation. However, if the third
party subcontractor is not an EBE, the prime contractor may only count 20% of the amount
being subcontracted to the third tier non-EBE subcontractor. EBEs are required to notify the
DCD if they subcontract out work so that the Department can determine how much, if any, of the
subcontracted work can be counted toward the EBE requirement. The Commissioner of DCD
will make the final determination and evaluation of whether the EBE is performing a
commercially-useful function.

C. The contractor, by signing and submitting a bid, certifies that the contractor understands the
provisions of Chapter 360 and knows of and intends to comply with them. Vendors should
submit a completed EBE Participation Form (Form A) which meets the minimum EBE %
participation specified utilizing City certified EBE's with the bid.

1. Information on the Form (A) shall include, but not be limited to:

   a. The name, address, contact person and telephone numbers for the certified EBE firms
   that will participate on the bid as subcontractors or suppliers.
   b. A description of the scope of work to be performed by the EBE (s) on this bid.
   c. The EBE contract dollar value and corresponding percentages that the dollar value
   represent of the total contract amount.
   d. The EBE (s) owner/or authorized representative acknowledgement signature.

2. The listing on the EBE Participation Form (A) shall constitute a representation that the
contractor has communicated directly with the EBE(s) listed. If the vendor is awarded the
contract, they will enter into a subcontract with the certified firm (s) for that portion of the work
listed at the designated price(s) set forth.

3. EBE participation is an element of bid responsiveness. Failure to meet the specified EBE
requirements will render the bid unresponsive, and DCD’s Procurement Services Section may
then recommend award to the next apparent low bidder. Under certain circumstances, failure to
meet specified EBE requirements after submission of an apparent low bid may result in
surrender of the bidder’s bid bond.

4. Only EBE(s) that have been EBE City certified by the Emerging Business Enterprise Program
may be listed on the EBE Participation Form and counted towards the percentage requirements
on this project. A listing of the current CITY certified EBE firms is maintained at:

        City of Milwaukee
        Department of Administration
        Emerging Business Enterprise Program
        200 E Wells St, City Hall, Room 606
        Milwaukee, Wisconsin 53202
        414-286-8781

D. After Execution of the contract, if for any reason a EBE cannot perform, THE PRIME
CONTRACTOR SHALL CONTACT DCD’S PROCUREMENT SERVICES SECTION FOR
APPROVAL TO SUBSTITUTE ANOTHER CITY EBE CERTIFIED FIRM.

The prime contractor must submit a written request for substitution which specifies the reasons
for the request. Approval must be obtained prior to making substitution. Any difference in the
cost occasioned by such substitution shall be borne by the prime contractor. If the contractor
cannot find another certified firm to do the work at a comparable price, a non-EBE firm may be
substituted with the approval of DCD’s Procurement Services Section.

E. If the contractor has a problem in meeting the EBE requirements or if any other problems
relative to EBE(s) arise during or before completion of the contract, the prime contractor shall
immediately contact DCD’s, Procurement Services Section.

F. Certification from programs other than the City's Emerging Business Enterprise Program is
not accepted by the City of Milwaukee nor do they have any bearing on the eligibility criteria
established by the City of Milwaukee.

G. Right to Appeal. All contracts required to be purchased from the lowest responsible and
responsive bidder under s16-05-2 of the City charter shall be purchased from the lowest
responsible and responsive bidder determined in accordance with applicable City ordinances for
participation of EBEs. Determinations made by the purchasing agent under applicable city
ordinances for participation by EBEs shall be subject to appeal in accordance with the
procedures prescribed by s.16-01 of the City charter and the Milwaukee code for appeals from
the recommendations of the purchasing agent as to the apparent low responsible and
responsive bidder. Any bidder who objects to the recommendation on grounds of determinations
made under applicable City ordinances for participation of Emerging Business Enterprises may
appeal the recommendation pursuant to s.16-05 of the charter and s.310-19 of the code.
                                                                                                                                     FORM A
                                       CITY OF MILWAUKEE - DEPARTMENT OFCITY DEVELOPMENT

                                EBE PARTICIPATION FOR SUBCONTRACTORS AND/OR MATERIAL SUPPLIERS

PRIME CONTRACTOR’S NAME:                                                                  BID / RFP OR CONTRACT NUMBER:

PRIME CONTRACTOR’S ADDRESS:

START DATE:                                  TOTAL CONTRACT AMOUNT:                             TOTAL EBE AMOUNT:

VENDOR (BLANKET) CONTRACT: NO:                            YES         IF YES, EXPIRATION DATE:
              Please list below all proposed EBE subcontractor(s) and/or EBE material supplier(s) for this project.
          EBE FIRM(s) NAME                                                                                         AUTHORIZED EBE(S)
      ADDRESS/CONTACT PERSON          % OF       SUB-CONTRACTOR/OR    WORK PERFORMED/                      OWNER/REPRESENTATIVE SIGNATURE OF
         AND PHONE NUMBER             BID             SUPPLIER        MATERIAL SUPPLIED         AMOUNT             ACKNOWLEDGMENT

 1.




 2.




 3.




 4.




Contractor’s Authorized Signature:                                                              Phone Number:


Print Name:                                                                     Title:
           RETURN THIS FORM WITH THE INVITATION-TO-BID. REQUEST FOR PROPOSAL.OR CONTRACT

Reviewed By:                                                                                              Date:
                                                                                        PURCHASING AGENT                     (DOA) Business
                                                                      Operations Division

Reviewed By:                                                                                              Date:
                         BUSINESS ANALYST SENIOR                      (DOA) EBE Program
Ref: Shared/BOD Forms/EBE Form A_ Rev 2009
                                  DEPARTMENT OF CITY DEVELOPMENT
                             SUBCONTRACTOR PAYMENT CERTIFICATION FORM

                                              Form D - EBE REPORT

  (1) Prime Contractor/Firm______________________________________________________________

  (2) Full Address & Phone Number: _________________________________________________________

  (3) Description of service performed and/or material supplied_______________________________________

  (4) Purchase Order /Contract# __________________

  (5) Start Date: __________            (6) Prime Contractors Total $: __________________________________

  (7) Completion Date: __________ (8) Prime Contractor YTD $: ___________________________________

  (9) EBE % goal _______ and $ goal________________

  List all EBE subcontractor firm(s) utilized in connection with the above contract, either as service performed
  and/or supplier for
  the month. This form shall be signed and returned. If this represents the final report, be sure to attach
  EBE Payment
  Certification Form (Form E).

NAME OF EBE FIRM(s)                    SERVICE PERFORMED/                      AMOUNT           TOTAL $
                                       MATERIAL SUPPLIED                       PAID FOR         PAID Y-T-D
                                                                               THE MONTH




TOTAL PAID TO EBE(s)

  I/we hereby certify that I/we have read the above and approved this information to be precise and confirmed.

  (10) Report Prepared By: __________________________________________________________________
                              (Name)                 (Title)                 (Phone Number)

  (11) Authorized Signature: ________________________________________________________________
                               (Name)                  (Title)

                                                              (12) Date______________________________

  Note: This form should be submitted to Department of City Development, Attn: Scott Stange, 809 North
  Broadway, Third floor Milwaukee, WI 53202.
DIRECTIONS FOR EBE FINAL REPORT (FORM D)


1.    Prime contractor's or firm’s registered company name.

2.    List full registered business address to include city/state, zip code and telephone number.

3.    Brief description service performed and/or material supplied on this contract.

4.    List the official Purchase Order or Contract Number, as represented on the contract or purchase order.

5.    List the start date of the project.

6.    List the total dollars awarded to the prime contractor.

7.    List the completion date of the project.

8.    Prime contractor's total dollar amount paid to each EBE firm(s), for the month being reported, for
      service performed and/or materials supplied.

9.    List the EBE percentage goal on this project and the dollar amount.

10.   List the name of the name, title and phone number of the individual who prepared the report.

11.   Provide the authorized signature and title of the individual who approves the report.

12.   List the date that the report is completed.
                                                                                                         FORM E


                                 DEPARTMENT OF CITY DEVELOPMENT
                            EBE SUBCONTRACTOR PAYMENT CERTIFICATION



EBE Subcontractor’s Firm Name: __________________________________________________________

Prime Contractor Name: __________________________________________________________________

Prime Contractor’s Bid or RFP#: _______________________Purchase Order or Contract # ___________

This certificate is to be signed by the EBE subcontractor firm that was utilized in connection with the above
contract, either for service performed, and/or as a supplier. Attach this form to the Prime Contractor’s final
FORM D (EBE Monthly Report) and return to:

                                        Department of City Development
                                               Attn: Scott Stange
                                             809 North Broadway
                                                   Third Floor
                                             Milwaukee WI 53202
                                           (or fax to 414-286-0851)



I ____________________________________________________ hereby certify that our firm has received
         (PLEASE PRINT NAME)
$________________________________from ________________________________________________
                                                         (PRIME CONTRACTORS NAME)
for subcontract work performed and/or material supplied on the above contract.

Signature & Title ___________________________________________________Date: _______________
                                        Subcontractor
Signature & Title ___________________________________________________Date: _______________
                                        Prime Contractor


          NOTE: THIS FORM MUST BE ATTACHED TO PRIME CONTRACTORS FINAL FORM D
                                 (EBE MONTHLY REPORT)
                              Local Business Enterprise Provisions

I. General:

A. In accordance with Chapter 365 of the Milwaukee Code of Ordinances, the application of a
Local Business Enterprise (LBE) program is required in all contracting activities, unless contrary
to federal, state or local law or regulation. To this end, the Commissioner of Department of City
Development (DCD), will apply an award standard in all bids so that an otherwise responsive
and responsible bidder which is a Local Business Enterprise shall be awarded the contract,
provided that its bid does not exceed the lowest bid by more than 5%.

B. Bidders seeking the Local Business Enterprise preference shall prepare and submit with the
bid an accurate affidavit certifying their LBE status. Failure to do so may result in an LBE
forfeiting their rights to be considered for the program.

C. Sanctions – If any document submitted to the city by a contractor under this chapter for the
purpose of participating in any city contract contains false, misleading or fraudulent information,
the Commissioner of DCD, may direct the imposition of any of the following sanctions on the
offending contractor:

       1. Withholding of payment.

       2. Termination, suspension or cancellation of the contract in whole or in part.

       3. Denial to participate in any further contracts awarded by the City.

D. Penalty – Any person, firm or corporation knowingly engaging in fraud, misrepresentation or
in any attempt, direct or indirect, to evade the provisions of this chapter by providing false,
misleading or fraudulent information shall, upon conviction, forfeit not less than $2,000 nor more
than $5,000 together with the costs of prosecution.

E. Right to Appeal – Right to Appeal. All contracts required to be purchased from the lowest
responsible and responsive bidder under s16-05-2 of the City charter shall be purchased from
the lowest responsible and responsive bidder determined in accordance with applicable City
ordinances for participation of LBEs. Determinations made by the purchasing agent under
applicable city ordinances for participation by LBEs shall be subject to appeal in accordance
with the procedures prescribed by s.16-01 of the City charter and the Milwaukee code for
appeals from the recommendations of the purchasing agent as to the apparent low responsible
and responsive bidder. Any bidder who objects to the recommendation on grounds of
determinations made under applicable City ordinances for participation of Emerging Business
Enterprises may appeal the recommendation pursuant to s.16-05 of the charter and s.310-19 of
the code.

II. Definitions:

A. Local Business Enterprise means a business which:

       1. Is located within the geographical boundaries of the City of Milwaukee. Post
         office box numbers and residential addresses shall not suffice to establish
         status as a Local Business Enterprise.

       2. Has been located and doing business in the city for at least 1 year.

       3. Is subject to local real estate taxes and is not delinquent in the payment of any
         local taxes or has entered into an agreement to pay any delinquency and is
         abiding by the terms of the agreement.
III. Local Business Enterprise requirement:

A. DCD shall, unless contrary to federal, state or local law or regulation, apply an award
standard in all bids so that an otherwise responsive and responsible bidder which is a Local
Business Enterprise shall be awarded the contract, provided that its bid does not exceed the
lowest bid by more than 5%.

B. If the bids of two or more Local Business Enterprises do not exceed the lowest bid by more
than 5%, the contract shall be awarded to the Local Business Enterprise that submitted a bid
that exceeded the lowest bid by the smallest amount.

C. If a bid submitted by a non-Local Business Enterprise and a bid submitted by a Local
Business Enterprise are identical, the contract shall be awarded to the Local Business
Enterprise, even if the bids are only identical due to the 5% award standard provided for in this
chapter.

D. If two bids submitted by two Local Business Enterprises are identical, the winner will be
determined in accordance with the process for tie-breakers as established by the city
purchasing director.

E. If the difference between the low bidder’s amount and the lowest Local Business Enterprise
amount is within 5% of the low bidder and exceeds $25,000, then the provisions in section III-A
shall not apply.

F. Paragraph III-A shall only be applied to the “base bid”.
                                                     DEPARTMENT OF ADMISTRATION
                                                     BUSINESS OPERATIONS DIVISION
                                                    PROCUREMENT SERVICES SECTION



                               LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM
                                        AFFIDAVIT OF COMPLIANCE
        Important Note*: This form must be submitted with your bid, in order to be considered for LBE status.


Bid/RFP #:

Company Name:

Address:

City, State, Zip

This affidavit of compliance will be the contractor’s sworn statement that the firm meets the following criteria:
     The firm’s physical location is currently located within the geographical boundaries of the City of Milwaukee. Post
        office boxes and residential addresses shall not suffice to establish status as a Local Business Enterprise.
     The firm’s physical location has been located within the geographical boundaries of the City of Milwaukee and the
        firm has been doing business in the City of Milwaukee for more than one (1) year.
     The firm is subject to local real estate taxes and is not delinquent in the payment of any local taxes, or the firm has
        entered into an agreement to pay any delinquency and is abiding by the terms of the agreement.

I hereby declare compliance with the City of Milwaukee Code of Ordinances Chapter 365.

Authorized Signature:

Printed Name:

Date:

---------------------------------------------------------------------------------------------------------------------------------------------------
Subscribed to before me on this __________ day of _________________________, 20_____, at
___________________________________ County, __________________________________ State.

NOTARY PUBLIC SIGNATURE: _____________________________________________
                                   (SEAL)

PRINT NAME: _____________________________________________________

                             My commission expires: _____________________

                           PLEASE SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL TO:
                                        200 E. WELLS STREET, ROOM 601
                                        MILWAUKEE, WISCONSIN 53202
                                             OR FAX TO 414-286-5976
                                  NOTICE

         HOURLY RATE FOR EMPLOYEES WORKING ON CITY

    OF MILWAUKEE CONTRACTS SHALL NOT BE LOWER THAN




 Rate         $8.80PER HOUR
               REFERENCE MILWAUKEE CODE OF ORDINANCES 310-13
                                                                    Effective
3/1/09
         Per Section 310-13, Milwaukee Code of Ordinances

                 CITY OF MILWAUKEE - DEPARTMENT OF ADMINISTRATION
                            PROCUREMENT SERVICES SECTION
       DEPARTMENT OF CITY DEVELOPMENT (DCD), PROCUREMENT SERVICES SECTION
                         LIVING WAGE COMPLIANCE REPORT

CONTRACT NUMBER:_____________________________________________ DATE:____________________________

AUTHORIZED SIGNATURE:___________________________________________________________________________

PRINT NAME/PHONE:________________________________________________________________________________

COMPANY NAME:___________________________________________________________________________________

FINAL REPORT? (         ) YES      (   ) NO                      3 MONTH REPORT ? (          ) YES         (    ) NO

NOTE: IF FINAL REPORT, PLEASE COMPLETE THE BOTTOM PORTION OF THIS FORM.

In order to audit your compliance with the Living Wage Ordinance (Living Wage hourly rate of $8.80 effective 3/1/09), please
complete the following report and submit to the Department of City Development, Procurement Services Section 3rd Floor,
809 N. Broadway, Milwaukee, Wisconsin 53202. This report is to be submitted within 10 days following the expiration of the
contract, or every three (3) months, whichever occurs first.

 TIME PERIOD       EMPLOYEE NAME              ADDRESS        WORK PERFORMED     TOTAL     HOURLY      GROSS       VACATION,
                                                                                HOURS      WAGE      EARNINGS     WELFARE,
                                                                                           RATE                     TRUST
                                                                                                                  CONTRIBU-
                                                                                                                     TION




Personally came before me on this _________ day of ________________, 20____, (he/she) _______________________,
who acknowledges that he/she executed the foregoing document for the purpose therein contained for and on behalf of said
company, IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

               (SEAL)              ___________________________________ My commission expires _______________
                                                Signature

                                   ____________________________________
                                                Print Name

               DEPARTMENT OF ADMINISTRATION-PROCUREMENT SERVICES SECTION
             AFFIDAVIT OF COMPLIANCE - LIVING WAGE PROVISION


BID/RFP NUMBER: ________                        DATE:

The undersigned hereby agrees to pay all workers employed by the Contractor in the
performance of this contract, whether on a full-time or part-time basis, a base wage of
not less than $8.80 per hour. The undersigned agrees to make a sworn report within 10
days following the completion of the contract, or every 3 months, whichever occurs first,
and to procure and submit a like sworn report from every subcontractor employed by
the contractor, to the Department of City Development, Procurement Services Section.
Such report shall include, but not be limited to, for the specified time period, the
person's name, address, type of work performed, total hours worked on the service
contract, hourly wage rate, gross earnings, and employer's contribution to vacation,
welfare and trust funds. Said reports or affidavits shall be accompanied by a statement
that each and every employee has been paid in full the amount of not less than $8.80
per hour, and that there has not been, nor is to be, any rebate or refund of any part of
said wages by the employee to the employer.

      ALL OF OUR EMPLOYEES RECEIVE AN HOURLY WAGE THAT IS GREATER
      THAN $8.80/HOUR. NOTE: REPORTS AS STATED ABOVE ARE STILL
      REQUIRED.

I/We hereby state that I/we will comply with Section 310-13 of the City of Milwaukee
Code of Ordinances as stated above:

AUTHORIZED SIGNATURE:

PRINTED NAME:

COMPANY NAME:


Personally came before me on this             day of                         20        ,
(he/she)                              who acknowledges that he/she executed the
foregoing document for the purpose therein contained for and on behalf of said
company. IN WITNESS WHEREOF, I have hereunto set my hand and official seal.


                                                        NOTARY PUBLIC SIGNATURE
             (SEAL)
                                                               PRINT NAME
                                                My commission expires:
                                   BOND AFFIDAVIT


STATE OF WISCONSIN)
           SS
MILWAUKEE COUNTY)

_______________________________________________________________________


being first duly sworn, on oath deposes and says that he/she is


 ______________________________________________________________________
(Attorney-in-Fact Agent)


of _____________________________________________________________________

surety on the within bond executed by ________________________________________

_______________________________________________________________________

Affiant further deposes and says that no Commissioner or Employee of the Department
of City Development of the City of Milwaukee, and no city official or city employee of
the City of Milwaukee has any interest; directly or indirectly in, or is receiving any
premium, commission, fee, or other thing of value in account of the sale or furnishing of
said bond.



                                             ____________________________________



Subscribed and sworn to before me this

__________ day of __________________________, 20 ____.


__________________________________________________

Notary Public, ________________ County, _______________

My commission expires ________________________________
                                  BID BOND FORM

       KNOW ALL MEN BY THESE PRESENTS, That we the undersigned,



________________________________________________________ as PRINCIPAL,
                (name of Principal)

and

 ________________________________________________________ ,as SURETY
                 (name of Surety)



are held and firmly bound unto the Department of City Development of the City of
Milwaukee, 809 North Broadway, Milwaukee, Wisconsin, hereinafter called the "DCD," in
the penal sum of Five Percent ( 5 %) of the amount of the bid, lawful money of the United
States, and the payment of which sum will and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly be
these presents.


       THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has
submitted for the accompanying bid, dated _____, 20 _____, for
_____________________________.


        NOW, THEREFORE, if the principal shall not withdraw said bid within period
specified therein after opening of the same, or, if no period be specified, within sixty (60)
days after the said opening; and shall within the period specified therefore, or if no period
be specified within ten (10) days after prescribed forms are presented to him for signature,
enter into a written contract with DCD in accordance with bid as accepted, and give bond
with good and sufficient surety or sureties, as may be required, for the faithful performance
and proper fulfillment of such contract; or in the event of withdrawal of said bid within period
specified, or the failure to enter into such contract and give such bond within the time
specified, if the Principal, shall pay DCD may procure the required work, or supplies, or
both, if the latter amount be in excess of the former, then the above obligation shall be void
and of no effect, otherwise to remain in full force and virtue.




                                             1 of 2
IN WITNESS THEREOF, The above-bounded parties have executed this instrument,
under their several seals this _____ day of _____, 20____ the name and corporate seal of
each corporate party being hereto affixed and these Presents duly signed by its
undersigned representative, pursuant to authority of its governing body.


                                                     ____________________________
                                                              (Principal)

                                                     ____________________________
                                                              (Business Address)

                                                     ____________________________

Witness:
                                                                                Affix
___________________________                       By     ______________________Corporate
                                                                                Seal

                                                  Title _______________________________


                                                  ___________________________________
                                                        (Corporate Surety)

                                                  ___________________________________
                                                             (Address)

                                                  ___________________________________
Witness:
                                                                                      Affix
__________________________                                   By _____________________ Corporate
                                                                                      Seal

                                                             Title _______________________

        (Power-of-attorney for person signing for surety company must be attached to
        bond.)
                             CERTIFICATE AS TO CORPORATE PRINCIPAL

         I, _____________________ , certify that I am the Secretary of the corporation named as Principal in
the within bond; that _______________________ , who signed the said bond on behalf of the Principal was
then ____________________________ of said corporation; that I know his/her signature, and his/her
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of
said corporation by authority of its governing body.


                                                                              Affix
                                                  ____________________________Corporate
                                                                              Seal

                                                    2 of 2
                               PERFORMANCE AND PAYMENT BOND                        SAMPLE
KNOW          ALL         MEN          BY         THESE                                PRESENTS,                That            we
__________________________________________________________

of
__________________________________________________________________________________________________
             (Street and Number)                     (City)                           (State)

as             principal,          and             __________________________________                                            of
_________________________________________________,
                                                                  (Home Office)

as surety, are held and firmly bound unto the Department of City Development of the City of Milwaukee, Wisconsin,
hereinafter called DCD, in the penal sum of ______________________________________________________________
Dollars,

for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.

        THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract,
hereto attached, with the DCD

Dated                                  , 2_____

                  NOW, THEREFORE, If the principal shall well and truly perform and fulfill all the undertakings, covenants,
terms, conditions and agreements of said contract during the original term of said contract and any extension thereof that
may be granted by the DCD with or without notice to the surety and during the life of any guaranty required under the
contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all authorized modifications of said contract that may hereafter be made; and also, if the principal shall promptly pay
all wages of laborers, workmen or mechanics to be employed by him, for all work done or labor performed, or who may be
employed by any subcontractor in the work called for by said contract and any and all such modifications of said contract;
and also, if the principal shall promptly pay all furnishers of material, supplied to himself, or by subcontractors, or furnished to
subcontractors, and used in the construction, erection, alteration, or repairs of the work called for by said contract and any
and all such modifications of said contract; and also if the principal shall pay or cause to be paid all sums due for all materials
or supplies furnished to said contractors, or any subcontractor, for use in machines used by the contractor, or by any
subcontractor in the construction, erection, alteration or repair of the work specified in the said contract, and any and all such
modifications of said contract; and also, if the principal shall fully secure and protect the said DCD, its legal successor and
representative from all liability in the premises, including all costs of Court and attorney's fees, made necessary or arising
from the failure, refusal or neglect of the aforesaid principal to comply with all of the obligations assumed by said principal or
any subcontractors in connection with the performance of said contract and all such modifications thereof; and also, if the
principal shall deliver all the work called for by said contract of the principal with the DCD, free from any and all claims, liens
and expenses, and in accordance with the terms and provisions of said contract and any and all modifications of said
contract; then this said bond shall be come null and void, and otherwise it shall remain in full force and effect.

The undersigned surety does further hereby consent and yield to the jurisdiction of the state civil courts of the County of
Milwaukee, of the State of Wisconsin, and does hereby formally waive any pleas of jurisdiction on account of the residence
elsewhere of the undersigned surety. The principal and surety severally and jointly agree that this bond, and the
undertakings contained herein, are for the benefit of any and all subcontractors and other persons furnishing materials or
labor to the contractor or for the performance of the principal of said contract with the DCD, as originally executed by said
principal and the DCD or as thereafter modified, and that any such subcontractor or persons furnishing labor or materials
may bring suit on this bond or any undertaking herein contained, in the name of the DCD against the said principal and
surety or either of them.

        No modifications, omissions or additions, in or to the terms of said contract, the plans or specifications, or the
manner and mode of payment, shall in any manner affect the obligations of the undersigned surety in connection with the
aforesaid contract. Notice to the surety of any and all modifications in said contract of the principal with the DCD, and of any
additions or omissions to or from said contract are hereby waived by the surety.
Page 1 of 2
         IN WITNESS WHEREOF, the above-bounded parties have executed this Instrument under their several seals this
__________ day of ____________________, 2_____, the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to DCD of its governing body.


        ________________________________________
                                                                                 (Corporate Principal)


        ________________________________________
                                                                                 (Business Address)


        ________________________________________


Witness:
                                                                                                            Affix
______________________________________                                   By_____________________________ Corporate
                                                                                                            Seal

                                                                         Title ___________________________________



        ________________________________________
                                                                                 (Corporate Surety)


        ________________________________________
                                                                                 (Business Address)


        ________________________________________



Witness:
                                                                                                           Affix
_______________________________________                                  By_____________________________Corporate
                                                                                                           Seal

                                                                         Title ________________________________


The rate of premium on this bond is _____________________________________________________ Dollars per
thousand.

The total amount of premium charged is _____________________________________________________________
Dollars.

(The above is to be filled in by surety company.)

                    (Power-of-attorney for person signing for surety company must be attached to bond.)

                                      CERTIFICATE AS TO CORPORATE PRINCIPAL

       I, _________________________, certify that I am the Secretary of the corporation named as Principal in the within
bond; that _________________________ who signed the said bond on behalf of the Principal was then
_________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond
was duly signed, sealed, and attested to for and in behalf of said corporation by DCD of its governing body.

                                                                   ____________________________                (Corporate
                                                                                                                Seal)

                                                                   Page 2 of 2
                               PROJECT REQUIREMENTS


BACKGROUND

In late 2009, the Redevelopment Authority of the City of Milwaukee (RACM) will acquire what
is now known as the Tower Automotive Site. This site, to be known as the Century City Site,
will encompass 84 acres east of the railroad track. The site contains approximately 2 million
square feet of buildings in various states of disrepair. RACM believes that most of these
buildings will need to be demolished to accommodate redevelopment and create a new business
park, retail opportunities and new housing units. Asbestos containing materials, underground
storage tanks, and other environmental conditions will need to be managed during the
redevelopment process.

The successful responsible and responsive bidder is expected to provide all labor, materials,
supervision, equipment and services as may be necessary or requested by the Department of City
Development, of the City of Milwaukee, to perform services necessary for the removal of snow
and ice from the eight (8) parcels associated with the Century City Site


PART 1 – GENERAL

 1.1 SCOPE

       A.     All articles in these Project Requirements are applicable to all Divisions and
              Sections of the work included herein (“Work”). The Conditions of the Contract,
              and these Project Requirements, shall apply with equal force and effect to the
              successful bidder of this contract (“CONTRACTOR”) and all lower-tiered
              contractors retained by the CONTRACTOR (“subcontractors”) engaged in this
              work.

       B.     All requirements stated in the Department of City Development (DCD) of the
              City of Milwaukee City of Milwaukee advertisement / notice for this project shall
              apply to the successful bidder when such requirements extend beyond the bidding
              period as related to performance, prosecution, and progress of the Work.

       C.     The contractor is to furnish labor, materials, equipment, services and supervision
              necessary for Snow and Ice removal, per the specifications, at the Century City
              Site (formerly known as the Tower Automotive Site)

       D.     The contractor shall give all notices and comply with all applicable laws,
              ordinances, codes, rules and regulations. All work installed shall comply with all
              applicable codes and regulations. Contractor shall secure and pay for all permits,
              fees and licenses necessary for the proper execution and completion of the work.

1.2    PROSECUTION AND PROGRESS

              The services to be provided project shall commence immediately upon full
              execution of the contract furnished to the successful bidder by the OWNER.
1.3   TIME OF COMPLETION

            Time is the essence of the Contract. All Work, or specifically identified portions
            of the Work, shall be scheduled and completed to the point of acceptance by the
            OWNER’s REPRESENTATIVE as noted below.

1.4   WORK BY OTHERS


       A.   The CONTRACTOR shall not obstruct or cause delay in progress of work by
            others on the Property. CONTRACTOR shall coordinate with others performing
            work at the property regarding access, material staging areas, and work schedules.

       B.   It is understood that the CONTRACTOR is strongly encouraged to have, prior to
            submitting a bid, visited the site during the Pre- Bid Conference, made any
            necessary contacts and determinations, and is satisfied as to the conditions to be
            encountered that may affect CONTRACTOR’S work.

       C.   The CONTRACTOR shall be responsible for protecting and repairing completed
            surfaces and work by others that are damaged by CONTRACTOR’S
            OPERATIONS.

       D.   The CONTRACTOR shall coordinate all Work, or specifically identified portions
            of the Work, with the OWNER’s REPRESENTATIVE to allow for entry to the
            site and inside any of the buildings on site, obtain direction for locating equipment
            and materials, and obtain prior approval from OWNER’s REPRESENTATIVE
            for changes to the initial schedule

       E.   CONTRACTOR’S REPRESENTATIVE shall be experienced and shall be
            directly in charge of the Snow and Ice Removal services pursuant to the standards
            and specifications, all staff, and staff contractors associated with this work.

 1.5 SUPERVISION OF WORK

       A.   Contractors shall furnish the services of an experienced foreman or superintendent.

       B.   He shall be constantly in charge of the installation of the work together with all
            subcontractors, skilled workers, helpers, and labor required to unload, transfer,
            erect, connect up, adjust, start, operate and test each system.

       C.   He shall be thoroughly acquainted with and be responsible for the various
            subcontractors' work so that it is properly coordinated and supervised to the
            satisfaction of the OWNER or OWNER’s REPRESENTATIVE.

 1.6 PERMITS

       A.   The CONTRACTOR will provide the required building permit if required for this
            work.




                                              2
       b.   CONTRACTOR shall obtain, from the City of Milwaukee Department of City
            Development and/or other government or private agencies, all special permits as
            may be necessary in their work.

       C.   CONTRACTORS shall obtain all permits to occupy or work in the public way
            as may be necessary for their work.

1.7 SAFETY REGULATIONS

             All work shall be done in accordance with the safety requirements referenced in
             the International Building Code, as adopted and amended by the State of
             Wisconsin and OSHA.

1.8   EBE PARTICIPATION

             The requirement for this contract is a total combined EBE participation rate of 25%
             (EBE, as certified by the City of Milwaukee). Copies of certifications must be
             included in the proposals (including SUBCONTRACTOR).

1.9   ACCESS TO INSIDE OF THE BUILDING

             The buildings are currently unoccupied. CONTRACTOR will need to coordinate
             with the OWNER’S REPRESENTATIVE for access to the inside of the
             building(s).

2.0 OWNER’S RIGHT TO AMEND WORK

            Due to project funding considerations, schedule, or any other reason, the OWNER
            reserves the right to reduce or increase quantities or eliminate bid items if it is
            determined that it is in OWNER’s interest to make such changes. If the OWNER
            identifies additional work items not called for in the documents, an equitable
            adjustment in price will be negotiated.

                                END OF SECTION




                                             3
                                        BIDDER REFERENCE FORM

 _______________________________________________________________________________________
                                    COMPANY NAME

Contact Person: ___________________________________________________________________________

Telephone Number: ________________________________________________________________________

Bidders shall submit with their bid the names of at least three (3) firms for whom they have performed
comparable services similar to those required in this Invitation. This shall include the name of a person to
contact, his/her telephone number, project description and amount.

COMPANY NAME: _______________________________________________________________________
Contact Person and Title: ____________________________________________________________________
Address: _________________________________________________________________________________
City/State/Zip: ____________________________________________________________________________
Telephone Number: ________________________________________________________________________
Describe Services Rendered: _________________________________________________________________
_________________________________________________________________________________________
Length of Contract: ____________________________           Amount: $__________________________________




COMPANY NAME: _______________________________________________________________________
Contact Person and Title: ____________________________________________________________________
Address: _________________________________________________________________________________
City/State/Zip: ____________________________________________________________________________
Telephone Number: ________________________________________________________________________
Describe Services Rendered: _________________________________________________________________
_________________________________________________________________________________________
Length of Contract: ____________________________           Amount: $__________________________________


COMPANY NAME: _______________________________________________________________________
Contact Person and Title: ____________________________________________________________________
Address: _________________________________________________________________________________
City/State/Zip: ____________________________________________________________________________
Telephone Number: ________________________________________________________________________
Describe Services Rendered: _________________________________________________________________
_________________________________________________________________________________________
Length of Contract: ____________________________           Amount: $__________________________________
                           CITY OF MILWAUKEE - DEPARTMENT OF ADMINISTRATION
                                     PROCUREMENT SERVICES SECTION


                            AFFIDAVIT OF COMPLIANCE
 DISCLOSURE OF PARTICIPATION IN OR PROFITS DERIVED FROM SLAVERY BY CONTRACTORS


COMPANY NAME:

ADDRESS:

CITY:                                                  STATE:                               ZIP:


This affidavit of compliance will be the contractor's sworn statement that publicly discloses any slavery
policies sold by any companies, or profits from slavery by industries or their predecessors who are doing
business with the City of Milwaukee as defined in the Milwaukee Code of Ordinances 310-14.

Please check one:

_____             This business was not in existence prior to the slavery era (1865).

_____             This business was in existence prior to the slavery era (1865). I have searched any and
                  all records for records of investments or profits from slavery, and have found no such
                  records.

_____             This business was in existence prior to the slavery era (1865). I have searched any and
                  all records for records of investments or profits from slavery, and am disclosing the
                  following findings (attach additional pages, if necessary):




I hereby declare that all statements are true, accurate and complete as of the date furnished to the City of
Milwaukee.

AUTHORIZED SIGNATURE:

PRINTED NAME:

DATE:




Subscribed to before me on this             day of                    , 20      , at _____________________
County, _________________________State.



NOTARY PUBLIC SIGNATURE: _____________________________________________
                                         (SEAL)


PRINT NAME:_____________________________________________________

                           My commission expires: _______________________

                             PLEASE RETURN THIS FORM TO:
                  200 E. WELLS STREET, ROOM 601, MILWAUKEE, WI 53202
                                 OR FAX TO 414-286-5976

C:\DOCUME~1\cricha\LOCALS~1\Temp\MXLibDir\Slavery_Disclosure_Affidavit.doc
                                            ATTACHMENT A

                                        INVENTORY OF EQUIPMENT




        QUANTITY   MAKE   MODEL YEAR                TYPE OF EQUIPMENT   COMMENTS




Company Name




Signature

Title
         Department of City Development of the City of Milwaukee
         Snow and Ice Removal Standards and Bid Specifications  
        For the Century City Site, (f.k.a. the Tower Automotive Site) 
1.0.0 SCOPE OF WORK:

1.1.0 The work shall include, but not be limited to, the furnishing of all labor, materials,
supervision, equipment and services as may be necessary or requested by the Department of
City Development, of the City of Milwaukee, hereinafter referred to as “DCD,” to perform
services necessary for the removal of snow and ice from the eight (8) parcels associated with
the Century City Site. These parcels include a 74 acre “Primary Parcel” that contains
approximately 30 industrial and office buildings, and seven (7) adjacent parcels known as
“Outlots,” that consist of vacant surface parking lots (collectively the “SITE”). The scope of work
is to include the removal of snow and ice from: (1) public sidewalks and bus stops surrounding
the Primary Site; (2) public sidewalks and bus stops surrounding the five parking lots/Outlots;
and (3) clear one pathway inside the perimeter fencing of the Primary Site to allow security and
vendor vehicles to move freely; and (4) around all fire hydrants. The sidewalks to be cleared
around the Primary Site and the Outlots have 10,065 linear feet. The pathway to be cleared
inside the perimeter fencing of the Primary Site is approximately 5,000 linear feet. Sidewalks
and bus stops and shall be treated with sodium chloride or salt so that snow and/or ice will melt
at all temperatures.

1.1.2 The initial term of this contract will be for the 2009-2010 snow season, expiring on May 30,
2010. with the option to extend for two (2) one (1) year extensions for the snow seasons of
2010-2011 and 2011-2012, upon mutual agreement between DCD and the CONTRACTOR.

1.1.3 Snow and ice shall be completely removed from the full width of the sidewalk along the
outside perimeter of the Primary Site and the Outlots, including the thirteen (13) associated bus
stops, and one clear pathway inside the perimeter fencing of the Primary Site, within twenty-four
(24) hours of each ending snowfall 6 inches or less, and within forty-eight (48) hours with
accumulation greater than 6 inches.

2.0.0 LOCATION OF WORK:

2.1.0 All work to be performed at the SITE as shown on the attached maps. Any subsequent
additions and deletions thereto, may be made at the discretion of DCD.

3.0.0 WORK TO BE DONE:

3.1.0 Work Requirements:

3.1.1 Snow and Ice Removal:

The CONTRACTOR shall completely remove all snow and ice from the sidewalks along the
outside perimeter of the Primary Site and Outlots, including the thirteen (13) bus stops, and one
clear pathway inside the perimeter fending of the Primary Site, within twenty-four (24) hours of
each ending snowfall 6 inches or less, and within forty-eight (48) hours with accumulation
greater than 6 inches. All sidewalk surfaces shall be treated with sodium chloride or salt
immediately after removal of the snow and ice in sufficient quantities and frequencies to ensure
that sidewalks are cleared of snow and ice at all temperatures. Sidewalks shall be cleared of
snow and ice to bare pavement over the full width of the sidewalk. Carriage walks (walks
perpendicular to street and extending to a house, building or structure are NOT included in the
scope of work).

3.1.2 Snow and Ice Maintenance:

Between periods of snowfall or ice accumulation, the CONTRACTOR shall monitor the Site
once a week, or as required by DCD, and completely remove any snow or ice that may be
deposited or otherwise have formed on the sidewalk due to wind-blown snow, melting and
freezing, etc. to continuously maintain a bare pavement standard across the entire width and
length of the sidewalk.

3.2.0 Equipment Requirements:

3.2.1 CONTRACTOR shall provide the AUTHORIY with a telephone number that shall be
staffed during AUTHORITY business hours 6:00am to 5:00pm. In addition, CONTRACTOR
MUST maintain a working Facsimile machine. All telephones are to be staffed by
CONTRACTOR’S employees. CONTRACTOR shall respond to all contacts by AUTHORITY
personnel within twenty four (24) hours after contact to CONTRACTOR. Difficulty contacting the
CONTRACTOR may result in termination of the contract.

3.2.2 Equipment on hand, or to be purchased/leased upon award of contract, and committed for
use in this contract must be declared by the CONTRACTOR on Equipment Inventory
“Attachment A” for use at the SITE under the terms of this contract. False or misleading
information regarding equipment availability or intent shall result in bid withdrawal and
permanent disqualification from future bid solicitations. Proof of declared equipment committed
for use at the SITE must be provided to DCD before the Notice To Proceed is granted. All
declared equipment is subject to verification at any time during the contract period.

3.2.3 Snow and Ice Removal:

All snow plowing and salt spreading shall be accomplished by mechanical means, such as 4-
wheel drive vehicles narrow enough to plow 6 foot public sidewalks. A minimum of two (2)
continuously operable and available commercial snow removal tractors are required for
use at the SITE. Commercial snow blowers may be utilized to supplement (not in lieu of)
minimum equipment requirements. CONTRACTOR must consistently demonstrate to the
satisfaction of DCD that he/she has sufficient equipment and personnel available to
complete the required work within the specified time frame after snow or ice
accumulation has ceased.

3.2.4 All CONTRACTOR employees or personnel working under the direction of the
CONTRACTOR in the execution of this contract must be fully clothed and wear all safety
apparel or equipment as required by federal, state and local laws and regulations.
3.3.0 Starting Work:
3.3.1 Snow Removal:
CONTRACTOR is required to have the designated minimum pieces of equipment ready and
available for use upon execution of this contract through to May 30, 2010.

Upon execution of the afore mentioned one-year extensions (1.1.2), CONTRACTOR is required
to have the designated minimum pieces of equipment ready and available for use beginning
October 1st through to May 30th of the subsequent year.

4.0.0 BIDS:

4.1.0 Basis of Bids:

4.1.1 Snow and Ice Removal/Snow and Ice Maintenance:
The CONTRACTOR shall base this Bid on labor, equipment, time and material relative to snow
and ice removal on one (1) linear foot of sidewalk per inch of snow accumulation as reported
from the National Weather Service for the Milwaukee area, and Snow and Ice Maintenance.
The sidewalk areas include approximately 10,065 linear feet of sidewalk. The pathway inside
the perimeter fencing of the SITE includes approximately 5,000 linear feet of sidewalk. For
informational purposes only, the average seasonal snowfall for the Milwaukee area is 47 inches.

4.2.0 Site Inspection:
Submission of a bid on this project shall imply that the Bidder has examined the sites of work
upon which he is bidding and is aware of any existing and probable conditions under which he
will be obligated to perform the work. Therefore, no extra charges will be allowed for failure of
any Bidder to have examined the site.

4.3.0 Bid Form Attachment “A”. Inventory of Equipment:
CONTRACTOR shall complete and submit, Attachment “A” inventory of declared equipment for
use on this bid. This document shall list the quantity, make, year, and type of equipment that is
committed for continuous use during the term of this contract.

5.0.0 DAMAGE:

5.1.0 The CONTRACTOR shall be held liable for any and all property damage and/or injury or
harm to persons resulting from work that is performed under this contract.

5.2.0 Replacement of Damaged Plantings and Other Property:

The CONTRACTOR shall be responsible for the replacement of any plantings or other property,
whether privately or publicly owned, that may be damaged due to improper or careless
performance of designated maintenance activities. In such case, DCD shall specify when
replacement is to be made. Any costs for testing of plants damaged or suspected of being
damaged by chemical applications made by the CONTRACTOR shall be paid by
CONTRACTOR.
6.0.0 LIABILITY AND INSURANCE REQUIREMENTS:

6.1.1 Before commencing work the CONTRACTOR shall furnish DCD, for review and approval,
evidence of the following insurance coverage:

        Coverage                                           Amounts

        Workers' Compensation                       Statutory Limit

        Comprehensive General Liability             BI (Bodily Injury) $500,000
                                                    per occurrence
                                                    $1,000,000 aggregate
                                                    PD (Property Damage) $500,000
                                                    per occurrence

        Automobile Liability                        BI $500,000 per person
                                                    $1,000,000 per occurrence
                                                    PD $500,000 per occurrence

        Umbrella Liability                          $1,000,000.00

6.1.2 The CONTRACTOR shall provide DCD with Certificates of Insurance evidencing the
above referenced coverage. The insurance carrier must be licensed to do business in the State
of Wisconsin. DCD and the Redevelopment Authority of the City of Milwaukee (RACM) shall be
named as an additional insured with respect to liability coverage, except for the Professional
Liability. DCD and RACM shall be given thirty (30) days notice in advance of cancellation, non
renewal, or material change in any insurance coverage. Failure to provide the insurance
required shall permit DCD to terminate a Contract.

6.1.3 In addition, a notarized Affidavit of No Interest form must be completed and signed by
the insurance agent who issued the Certificate of Insurance and submitted with the Certificate of
Insurance, deposing that no officer, official or employee of DCD or RACM has any interest,
directly or indirectly, or is receiving any premium, commission, fee or other thing of value on
account of the sale or furnishing of said insurance certificate.

6.1.4 The contractor shall not permit the coverage to lapse and shall furnish evidence of
coverage to DCD.

6.1.5   The certificate holder shall be noted as:

               Department of City Development
               809 N. Broadway, Attn: Purchasing/Contract Services
               Milwaukee, WI 53202

7.0.0 PERFORMANCE:

7.1.0 The CONTRACTOR shall provide DCD, within seven (7) calendar days after completion of
the removal of snow/ice accumulation, documentation that services were completed as required
by the Contract and Specifications; such documentation will contain the date the services were
completed in the respective contract area.

8.0.0 INSPECTION:

8.1.0 All work shall be subject to inspection, examination, or test by DCD at any and all times
during or after the performance of said service and at any and all places where such service is
or has been performed. DCD shall have the right to reject defective or otherwise unsatisfactory
service and require its correction. Rejected services shall be corrected immediately and to the
satisfaction of and without charge to DCD.

8.2.0 Notice of unsatisfactory work shall be provided in writing.

8.30 When an area is completed, the CONTRACTOR shall contact the assigned DCD Inspector
for an inspection of the area. The Inspector shall advise the CONTRACTOR of any
discrepancies. The CONTRACTOR shall take whatever action necessary to correct the
discrepancies immediately and contact the Inspector for a second inspection. Where the
CONTRACTOR has failed to complete certain portions of a cycle of work, and has been given
notice to correct the discrepancy and has failed to complete the work or a second inspection
reveals that the work remains incomplete, DCD, at their discretion, may take the following
action:

8.3.1 Assign any Work Not Completed in accordance with these specifications to a Secondary
CONTRACTOR in which case the Prime CONTRACTOR would be financially responsible for
any additional costs incurred by the City.

9.0.0 LIQUIDATED DAMAGES:

9.1.0 Work Not Performed:

9.1 .1 In the event the CONTRACTOR fails to execute the work with such diligence as to insure
its completion in accordance with the Work Requirements, DCD may procure the services of
another CONTRACTOR (SECONDARY) to complete the work. The CONTRACTOR and his/her
sureties shall be financially liable for Work Not Performed, including the difference between the
CONTRACTOR’S bid price and the SECONDARY CONTRACTOR’S bid price, plus a $250.00
administrative fee for each occurrence. Differential costs paid to the SECONDAR
CONTRACTOR for Work Not Performed, plus administrative fees, shall be deducted from the
CONTRACTOR’ S outstanding invoices or otherwise invoiced. If after reassignment of work the
CONTRACTOR continues to demonstrate his inability to perform the work in accordance with
the Work Requirements, the CONTRACTOR will be considered in DEFAULT and the contract
will be terminated for cause.

9.2.0 Non-Timely Performance:

9.2.1 Snow and Ice Removal/Snow and Ice Maintenance:
In the event the CONTRACTOR fails to execute work with such diligence as to insure its
completion in accordance with the Work Requirements, DCD may procure the services of
another CONTRACTOR (SECONDARY) to complete the work. The CONTRACTOR and his/her
sureties shall be financially liable to pay any difference between CONTRACTOR’S bid price and
the SECONDARY CONTRACTOR’s bid price.
10.0.0 TERM OF CONTRACT:

10.1.0 The initial term of this contract shall begin December 23, 2009 (or as soon as the
contract can be executed thereafter) to May 30, 2010 with the option to extend the contract for
two (2) additional one (1) year terms permitted by mutual agreement between DCD and the
CONTRACTOR. The start date for any of the two extensions will be October 1st. The end date,
May 30th of the subsequent year, shall remain constant. The contract shall be subject to
termination for any violations of the contract specifications.

11.0.0 CANCELLATION:

11.1.0 If after an award is made and Notice to Proceed issued, the CONTRACTOR refuses to
do the work or fails to fully initiate the work according to the specifications, the contract will be
subject to cancellation. Upon such cancellation, the CONTRACTOR and CONTRACTOR’S
sureties shall be liable for all Liquidated Damages and shall pay to the CITY a sum amounting
to the administrative cost of procuring another CONTRACTOR and any and all such costs
above and beyond those specified in the contract.

12.0.0 CHANGES IN WORK:

12.1.0 DCD may make changes to the scope of the work in the amount of 10% more or less
than the total square feet and/or linear feet specified in these standard and specifications. Such
additions or deletions in the square feet and/or linear feet shall not invalidate the contract nor
shall such change relieve the CONTRACTOR from any of the CONTRACTOR’S obligations
under the contract or any guarantee given by the CONTRACTOR and CONTRACTOR shall not
alter the unit bid price as a result of this change.

12.1.1 Except for the purpose of affording protection against any emergency endangering life or
property, the CONTRACTOR shall make no change in the specified work without a written
notice from DCD authorizing the change.

13.0.0 SUBCONTRACTING and EBE PARTICIPATION:

13.1.0 If the PRIME CONTRACTOR is not a Certified Emerging Business Enterprise (EBE)
CONTRACTOR (as certified by the City of Milwaukee), the PRIME CONTRACTOR is required
to use subcontractors that are certified EBEs. The requirement for this contract is a total
combined EBE participation rate of 25% (EBE, as certified by the City of Milwaukee).

14.0.0 AWARD OF CONTRACT:

14.1.0 Bonding:

14.1.1 Bid Security:

Bid security required is Five Hundred Dollars ($500.00) for each area bid, unless otherwise
stated in the Official Notice and Invitation to Bid. The required security must be in the form of a
certified or bank cashier’s check made payable to DCD, or when indicated in said Notice or
Invitation to Bid, a bid bond issued by a Surety licensed to conduct business in the State of
Wisconsin and named in the current list of “Surety Companies Acceptable on Federal Bonds” as
published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. The bid bond must be accompanied by a copy of the power of attorney for the
agent or attorney-in-fact signing the bid bond. The bid security of the successful bidder shall be
retained until the bidder has executed the Agreement and furnished the required contract
security, whereupon it will be returned. Upon failure to execute and deliver the contract and
furnish the required contract security within ten days of Notice of Award, the Commissioner may
annul the Award and the bid security of that bidder shall be forfeited and DCD reserves the right
to pursue any available remedies against the bidder. The bid security of all except the two
lowest bidders shall be returned after the opening of bids. The balance of the bid deposits,
except that of the lowest responsible bidder, will be returned after DCD has made an award to
the lowest qualified and competent bidder.

14.1.2 Performance Bond/Payment Bond:
The successful bidder shall submit to DCD, prior to or at the time of execution of the contract, a
performance bond and a payment bond in an amount equal to 50% of the Contract price to
remove forty-seven (47) inches of snow and ice accumulation in each respective area. All bonds
must be executed by a surety company authorized to do business in the State of Wisconsin and
must be accompanied by a Power-of-Attorney for the Attorney-in-Fact. The performance bond
and the payment bond must be submitted as separate instruments. The performance bond shall
also cover all work required under the provisions of the contract.

14.2.0 Non-Appropriation:
DCD shall be bound, hereunder, only to the extent that funds shall have been appropriated and
budgeted or are otherwise available for the purpose of this contract. In the event no funds or
insufficient funds are appropriated and budgeted or are otherwise unavailable by any means
whatsoever in any fiscal period for payments due under this contract, then DCD shall
immediately notify the successful Bidder of such occurrence and this contract shall terminate on
the last day of the fiscal period for which appropriations were received without penalty or
expense to DCD of any kind whatsoever.

15.0.0 Living Wage Provision

15.1.0 The CONTRACTOR should note that the City of Milwaukee’s living wage ordinance
applies to this procurement. This requires that all individuals who work on this contract be paid a
minimum of $8.80 per hour. This amount is annually adjusted on March 1st. CONTRACTORS
must complete and submit with their proposal the "affidavit of compliance-living wage provision"
form. CONTRACTOR will be required to make a sworn report or every 3 months to RACM, and
to procure and submit a like sworn report from every subcontractor employed by the
CONTRACTOR, that each and every employee has been paid in full the amount of not less than
$8.80 per hour, and that there has not been, nor is to be, any rebate or refund of any part of
said wages by the employee to the employer.

16.0.0 INVOICING:

16.1.0 Upon receipt of an invoice from the CONTRACTOR ,DCD will authorize payment, subject
to the terms and conditions of the contract and acceptance of said performance by DCD.

16.2.0 Snow and Ice Removal: The CONTRACTOR shall submit invoices within seven (7)
calendar days following the completion of a snow and ice removal for the SITE. Invoicing for
snow and ice removal shall be in increments of no less than 4” as reported by the National
Weather Service for the Milwaukee area. Invoices must include documentation that services
were completed as required by the Contract and Specifications and the date(s) the services
were completed in the respective contract area.

16.3.0 Snow and Ice Maintenance: Cost to perform Snow and Ice Maintenance (monitoring and
removal of snow and ice from sidewalks) during the Snow Maintenance Period (November —
March) is to be included in the unit bid price. Ten percent (10.0%) of all payments for Snow and
Ice Removal will be withheld as retainage pending satisfactory completion of Snow and Ice
Maintenance during the Snow and Ice Maintenance Period. The standard for satisfactory
completion of Snow and Ice Maintenance shall be met by maintaining 95% of all sidewalks of
the Primary Site and Outlots in a bare pavement condition. Upon receipt of an invoice at the
end of the Snow and Ice Maintenance period, CONTRACTOR will be reimbursed 2.0% for each
month Snow and Ice Maintenance work is successfully completed. Snow and Ice Maintenance
shall be invoiced separately from Snow and Ice Removal work. Failure to complete Snow
Maintenance for any month during the Snow Maintenance Period will be just cause for forfeiture
of Snow and Ice Maintenance retainage(s), reassignment of work to a Secondary
CONTRACTOR, or termination of contract with forfeiture of all outstanding Snow Maintenance
funds, at the City’s sole discretion. The City consequently reserves the right to provide Snow
Maintenance as per specifications utilizing the outstanding maintenance funds.

16.4.0 Final payment is predicated upon a service performed as deemed acceptable by DCD.

16.5.0 All payments will be made on work ordered by the “Notice to Proceed”, and/or “Change
Orders” completed by the CONTRACTOR and accepted by DCD.

CONTRACTORS should anticipate a waiting period of approximately three (3) to four (4) weeks
between acceptance of invoice and actual payments.

16.6.0 Invoices shall be subject to adjustment for Work Not Performed, Non-Timely
Performance, and Damages, if any, for which CONTRACTOR is liable, whether actual or
projected. DCD shall retain adjustments for projected damaged until such time as the actual
cost of the adjustment can be determined.

17.0.0 PERMITS:

17.1.0 The CONTRACTOR assumes all responsibility for obtaining and paying for any
certificates, permits, or any and all other documents required by municipal, state, or federal
authorities for the work to be performed.

18.0.0 VEHICLE/EQUIPMENT RESPONSIBILITY:

18.1.0 The CONTRACTOR assumes all responsibility in observing all municipal, state, and
federal laws and regulations applicable to the safe operation of their vehicles and equipment
used in the performance of the service described herein.

19.0.0 GENERAL CONDITIONS:

19.1.0 Contractual Disputes:

If the CONTRACTOR has a claim against DCD, whether for money or other relief, the
CONTRACTOR shall give written notice of intent to file a claim within 48 hours of the
occurrence on which the claim is based, or the claim shall be deemed irrevocably waived. Even
though a claim is intended, the CONTRACTOR shall submit an invoice for formal payment
within seven calendar days after completion and acceptance of the work. Pendency of claims
shall not delay payment of amounts agreed due in the final payment. After reviewing the facts
and circumstances of the dispute, DCD shall make a decision regarding the resolution of claims.
Under no circumstances may the CONTRACTOR suspend, delay, or terminate performance
pending resolution of or any action upon any claim. Rather, the CONTRACTOR shall have an
affirmative and on-going obligation to diligently execute and complete all work in a timely
manner pending resolution of any dispute with DCD.

19.2.0 Company Personnel Standards and Resource Commitment:

19.2.1 Only qualified personnel shall supervise and perform maintenance services in this
contract. If in DCD’S sole discretion any of the CONTRACTOR’S personnel are not performing
satisfactorily in the delivery of services to be furnished hereunder, the CONTRACTOR shall,
upon notice from DCD, remove any such personnel and replace them with satisfactory
personnel. Furthermore, DCD may require replacement of CONTRACTOR’S supervisory
personnel on site upon written determination that such supervisor is substantially frustrating the
progress or completion of the work or any other contract obligation. There shall be at least one
employee on each crew that speaks fluent English.

19.2.2 The CONTRACTOR shall use all reasonable care, consistent with its rights to manage
and control its operations, not to employ any persons or use any labor or have any equipment or
permit any condition to exist which shall or may cause or be conducive to pose any liability to
the general public as well as any activity to be construed as a nuisance. DCD retains the right to
require the CONTRACTOR to halt all work activities until such conditions are resolved.
CONTRACTOR’S failure to resolve any and all conflicts to the satisfaction of the Contract
Administrator shall be considered a breach of contract, and subject to termination.

19.3.0 Work By Others

       Project roles are defined as follows:

       1.      OWNER of the Site– The Redevelopment Authority of the City of Milwaukee.
       2.      OWNER’s REPRESENTATIVE– Benji Timm, of the Department of City
                                             Development of the City of Milwaukee
       3.      CONTRACTOR – The successful bidder of this contract.
       4.      CONTRACTOR’s REPRESENTATIVE – The CONTRACTOR’s Project Manager.
       5.      SUBCONTRACTOR(s) – Any lower-tiered CONTRACTOR to the
               CONTRACTOR.

The CONTRACTOR shall not obstruct or cause delay in progress of work by others on the
Property. CONTRACTOR shall coordinate with others performing work at the property.

19.4.0 Experience and Qualifications

CONTRACTOR shall have a minimum two (2) years experience in performing work in similar
snow and ice removal projects. CONTRACTOR shall submit references for the last three
similar projects – similar in scale, materials, and details.
                             Century City Plow Route
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                                  Tower TID Boundary
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                                   Department of City Development 2009 AT

                                        250             500                 1,000 Feet
Parcel Map



                                    2926 ADJ W Melvina
      3010-24 W Hopkins Street            Street
           269-0259-000                269-0261-100



                                 2900 W Hopkins Street
                                     269-0252-112




                                           2823 W Vienna Avenue
                                                269-0305-111




     3533 N 27th Street
       269-9993-110
        3,225,008 SF




                                                                  2642 W Hopkins
                                                                       Street
                                                                   270-0144-111




                                           3424 N 27th Street     2537 W Hopkins
                                             285-1724-111              Street
                                                                   285-1704-110

								
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