HomeMy WebLinkAboutAnchorage Basin Drainage Addendum No. 1 (2005)
Anchorage Basin Drainage
Impr,ovements
Contract 05-01
for the
City of Oshkosh, Wisconsin
Project Manual
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Project No. 82859
Prepared by:
Earth Tech, Inc.
4135 Technology Parkway
Sheboygan, Wisconsin 53083
Telephone: 920-458-8711
Telefax: 920-458-0537
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A CORDTM CER11ElCA TE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
07/28/2005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WAUSAU SIGNATURE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO BOX 8017 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
WAUSAU, WI 54402.8017
715847-8135 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA: WAUSAU BUSINESS INSURANCE COMP NY
JAMES PETERSON SONS INC INSURER B: EMPLOYERS INSURANCE OF WAUSAU
BUTEYN-PETERSON CONSTRUCTION CO INC INSURERC: WAUSAU GENERAL INSURANCE COMPA NY
N2251 GIBSON DR; PO BOX 120 INSURER D:
MEDFORD, WI 54451 INSURER E:
vllt:IIUf'- ., I 0:::1
"""nrll::",rc I C
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i: ~~~~ TYPE OF INSURANCE POUCY NUMBER P~k:-~~'¡~fó'g~E Pß¡!¥ll¡,xr.ft~~N LIMITS
A GENERAL LIABIUTY YY~91509175135 01/01/05 01/01/06 EACH OCCURRENCE $1 000000
- g~~~~~J9¡::~E!!!:~~n~e \
X COMMERCIAL GENERAL LIABILITY $300 000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10000
X- PD Ded:2500 PERSONAL & ADV INJURY $1.000000
- GENERAL AGGREGATE $2,000 000
GEN'L AGGREffi LIMIT APnS PER: ... PRODUCTS-COM~OPAGG $2.000 000
I X PRO-
POLICY JECT LOC
A ~TOMOBILE LIABILITY AS~91509175125 01/01/05 01/01/06 COMBINED SINGLE LIMIT
X-. ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
X-. HIRED AUTOS BODILY INJURY
$
X-. NON-OWNED AUTOS ' (Per accident)
X Drive Other Car PROPERTY DAMAGE
(Per accident) $
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY, AGG $
B ~ESS/UMBRELLA LlABIUTY THCY91509175105 01/01/05 01/01/06 EACH OCCURRENCE $8000000
X OCCUR 0 CLAIMS MADE AGGREGATE $8000000
$
;l DEDUCTIBLE $
X RETENTION $10000 $
C WORKERS COMPENSATION AND WCHY91509175115 01/01/05 01/01/06 I ~~c,¿§!f':r'!.;..1 IOJ~-
EMPLOYERS' LIABILITY $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under $1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
A OTHER COMMERCIAL P . YY~91509175135 01/01/05 01/01/06
DESCRIPTION OF OPERATIONS J LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
JAMES PETERSON SONS INC
BUTEYN.PETERSON CONTRUCTION COMPANY INC
PETERSON & SONS lLC
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
CITY OF OSHKOSH
215 CHURCH AVE
OSHKOSH, WI 54903-1130
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.IL. DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
~REPRESENTATIVE
, -r__~
ACORD 25 (2001/08) 1 of 3
#S375698/M348973
ClK
@ ACORD CORPORATION 19~
ADDENDUM NO.1
TO THE
BIDDING DOCUMENTS
FOR
ANCHORAGE BASIN DRAINAGE IMPROVEMENTS
CONTRACT 05-01
FOR THE
CITY OF OSHKOSH
W~NNEBAGO COUNTY, WISCONSIN
EARTH TECH, INC. PROJECT NO. 82859
DATE:
July 12,2005
BIDS CLOSE:
July 19, 2005 at 10:00a.m.C.S.T.
TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT:
All Bidders submitting a Bid on the above Contract shall carefully read thisAddendum and give it consideration in the
preparation of their Bid.
I.
The following are revisions to the Bid Form:
1.
Page 00410-4, Item No. 28, delete the words "in. ft!' I!1ld replace with the words "tin fi".
ll.
The following are revisions to the Specifications.:
1.
The f~llowing revisions shall be made to SECTION 01330 - SUBMI1TALS:
A.
Page 01330-5, renumber Paragraph 3.0I.A.4. to 3.0I.A.5
B.
Page 01330-5, add the following as Paragraph 3.01.A.4.:
"4.
Sewer Televising:
a.
b.
Videotape: 2 copies.
Written Report: 2 copies."
2.
The following revisions shall be made to SECTION 02232 - SITE PREPARATION:
A.
Page 02232-1, add the following as Subparagraph 1.01.A.4.:
"4.
Sawcutting and removing asphalt pavement."
B.
Page 02232-2, add the following as Paragraph 3.04.D.:
"D.
Sawcut and remove pavement encroachments into right-of-way in accordance with Section 02500.
1.
2.
Notify adjacent property owner of removal 3 days prior to removing.
Exact limits of removàl to be determined by ENGINEER in field."
00910-Al-l
OSHKOSHFI-82859
3.
4.
The following revisions shaH be made to SECTION 02500 - GENERAL PROVISIONS FOR UTILITY WORK:
A.
Page 02500-2, add the following as Subparagraph 1.01.A.2.m.:
"m.
Removal of Railroad Tracks and Rails:
1)
2)
Include cost of removing and delivery of old railroad track rails in unit prices bid for utility
construction.
Deliver in accordance with Section 02232."
B.
Page 02500-3, delete Subparagraph 1.04.B.2.in its entirety and replace with the foHowing:
"2.
Traffic Control Plan."
C.
Page 02500-4, delete Paragraph 1.05.F. in its entirety and replace with the following:
"F.
Traffic Control Plan:
1.
CONTRACTOR shall suboot to OWNER a traffic control plan for approval prior to
implementation.
a.
Plan shall include provisions for any planned disruption in traffic flow, including, but
not Hooted to, road and lane closures."
D.
Page 02500-9, add the following as Paragraph 3.10.R:
"E.
Final limits of sawcuts and pavement removal shall be detennined in field by ENGINEER."
E.
Page 02500-9, add the following words after "Main Street" in Subparagraph 3.11.Ç.l.:
"and Murdock Avenue from Main Street westerly."
F.
Page 02500-9, add the following words after "Murdock Avenue"
"between Hacrison Street and the Canadian National Railroad tracks."
G.
Page 02500-10, add the following as Paragraph 3.11.G.:
"G.
Sidewalk Restoration:
1.
2.
Over Utility Trenches: Doweled and reinforced concrete.
Other Locations: Non-reinforced concrete."
H.
Page 02500-10, delete the second sentence of Paragraph 3.14.B. in its entirety and replace with the
following:
"Extend limits of granular backfill 5 ft beyond edge of driveway, paved roadway and sidewalk."
The following revisions shall be made to SECTION 02518 - WATER MAIN SYSTEMS:
A.
Page 02518-1, add the following sentence at the end of Subparagraph 1.01.A.1.a.:
"Include cost of furnishing and installing polyethylene wrap."
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OSHKOSHFI-82859
5.
B.
Page 02518-2, add the following as Article 2.05:
"2.05 POLYETHYLENE WRAP
A.
Chapter 8.21.0 of "Stanqard Specifications"."
C.
Page 02518-3, Add the following as Article 3.08:
"3.08 POLYETHYLENE WRAP
A.
Chapter 4.4.4 of "Standard Specifications":'
The following revisions shall be made to SECTION 02530 - SEWER SYSTEMS:
A.
" .
Page 02530-1, add the following sentences at Ihe end of Subparagraph 1.01.A.1.b.:
"Include cost of maintaining flow during construction. Include Ihe cost of televising sewers."
B.
Page 02530-1, renumber Subparagraph 1.01.A.4.b. to 1.01.A.4.c.
c.
Page 02530-1, add the following as Subparagraph 1.01.A.4.b.:
"b.
Include Ihe cost of maintaining flow during construction."
D.
Page 02530-3, delete Subparagraph 2.03.D.2. in its entirety.
E.
Page 02530-4, add Ihe following sentence to Ihe end of Subparagraph 2.10A.2.a.:
"Lid shall be lettered "STORM".
F.
Page 02530-4, delete Subparagraph2.10.A.2.b..in its entirety and replace wilh the following:
"b.
Sewage AirNacuum Release Valve Manhole: Neenah R-1916-C wilh tamperprooflid bolts. Lid
shall be lettered "SANITARY".
G. Page 02530-5, delete Paragraph 3.03.B. in its entirety.
H.
Page 02530-7, add Ihe following as Article 3.13:
"3.13 TELEVISE NEW STORM SEWERS
A.
Televise sewer.
B.
Furnish television cmn~ra; adjustable skids, lamp for lighting, winch, cable, metering device and
mobile studio, and other materials to perfonn television leakage test. ~
c.
Television equipment shall confonn to following:
1.
Use television camera specifically designed and constructed for such inspection. Mount
camera on adjustable skids to keep it in center of pipe.
Lighting shall be supplied by lamp on camera, capable of being dimmed or brightened
remotely from control panel. Lighting system should be capable oflighting entire periphery of
pipe.
Camera should be operative in 100% humidity conditions and have minimumof650 lines of
resolution and tested to 400 psi.
2.
3.
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OSHKOSHFI-82859
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,
4.
Camera shall be moved through line at unifonn slow rate by means of cable winch at
downstream manhole.
D.
Measurement for location of defects shall be at ground level by means of metering device. Markings
on cable or line which would require interpolation for depth of manhole not allowed. Measurement
meters shall be accurate to :tl ft/300 ft.
E.
Provide video tapes in VHS fonnat for runs of sewer televised.
1.
2.
3.
Footage readings shall appear in video tapes.
Video tapes become property of OWNER.
Mobile~tudio shall be large enough to accommodate up to 3 people for purpose of viewing
monitor while sewer lines are being tested.
ENGINEER shall have access to view monitor.
4.
F.
ENGINEER will analyze video tapes to determine whelher sewers constructed under this contract
meet requirements of specifications. If defects are found, correct and televise sewer at no additional
cost to OWNER."
6.
The following revisions shall be made to SECTION 02537 - FORCE MAIN SYSTEMS:
A.
Page 02537-1, delete Article 2.01 in its entirety and replace with Ihe following:
"2.01 POLYVINYL CHLORIDE (PVC) PIPE
A.
Section 8.51.2 of the "Standard Specifications", except as modified below.
1.
2.
Confonn to AWWA C905.
Dimension Ration (DR): 18 in."
III.
The followim! are revisions to Ihe Drawings:
1.
Drawing No.4 (File No. A- 79482):
A.
Delete Detail 8 (PIPE END GRATE DETAIL) in its entirety and replace with Detail 8 (TRASH RACK)
attached to this Addendum. All references to PIPE END GRATE in Drawings shall now reference TRASH
RACK."
B.
Add the following general notation to Detail 5 (SEWAGE COMBINATION AIR/V ACUUM RELEASE
VALVE MANHOLE): '
"Provide Ductile Iron Pipe through manhole to a minimum distance of 2 feet beyond manhole wall."
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c.
Add Detail 12 (pAVEMENT TIES). attached to this Addendum.
2.
Drawing No.6 (File No. A-79480):
A.
In Section A, add the following to notation "Orifice Plate":
"See DWG 19 for Detail."
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OSHKOSHFI-82859
3.
Drawing No. 12 (File No. A-79474):
A.
Add the following notation at the eastern limits of excavation at Station 54+50:
"Remove a portion of existing 18" PVC culvert, as required."
4.
Drawing No. 15 (File No. A- 79471):
A.
Add the following notation at the southern toe of benn with drainage arrow point west:
"Grade to Drain."
B.
Add the following to the end of the "Breaker Run Stone, Size 2-3 in." notation in Section B-B:
"Clear."
5.
Drawing No. 18 (File No. A- 79468):
A.
Add the following notation to the two existing utility poles along the north side of Murdock Avenue between
Main Street and Central Street that have guy wires anchored to the north of the poles:
"Support poles during construction."
IV.
The following are revisions to the Appendix:
1.
Page 2 of Erosion Control Plan (ECP-l), add the following as Item 6:
"6. Install filter fabric inlet protection in accordance with Wisconsin DOT Standard Detail S.D.D.8-EI0-2
Type C Inlet Protection in the fQllowing locations:
North side of Murdock A venue between Kentucky Street and Main Street.
At the intersection of Custer A venue and Mt. Vemon Street.
East side of the Harrison Street from Mt. Vernon Street to 100 feet north of Murdock Avenue.
Nevada A venue from Harrison Street to 200 feet east of Harrison Street."
a.
b.
c.
d.
2.
Attached is a copy of the "Department of Anny, Corps of Engineers Permit" to be included as Appendix Item
No.9.
V.
Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision
to any and all related areas of the Contract Documents not specifically called out in this Addendum.
VI.
The Bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided
in the BID FORM.
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OSHKOSHFI-82859
GRATE TO BE MADE OF-
3/4" STEEL ROD 6" ON CENTER
0
TABS TO BE MADE OF
1/4" X 2" X 8" STEEL
TRASH RACK
GRATE TO END
6" ABOVE INV
APRON ENDWALL
TRASH RACK f8\
NTS .
GRATE TO BE MADE OF GALVANIZED STEEL
A
L
NEW
CONCRETE
PAVEMENT
EXISTING
CONCRE TE
PAVEMENT
PLAN VIEW
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SECTION A-A
P A VEMENLIJES f12\
NTS
A
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NO.6 TIE BARS
SPACED 3°-0" C-C
INSTALLED ON 6: 1 SKEW
HORIZONT ALL Y. DIRECTION
OF SKEW AL TERNA TING AFTER
EVERY ONE OR TWO BARS.
THE HOLE FOR THE BAR SHALL
BE DRILLED TO A DEPTH OF 7"
AND TO SUCH A DIAMETER AS
TO PROVIDE A TIGHT DRIVEN FIT.
EXISTING
CONCRETE
PAVEMENT
G£OTEXTIlE FABRIC, ~.
TYPE rr
2" . 4" SUKE AND
CROSS BRACING
"'ACH ~EOTtXIIl!
HeR (. TYPE " 10
'HE ""tS AHO
CAO$$ 8R'CtI~.
INLET WITH OR
WITHOUT GRATE
INLET PROTECTION. TVPE A
GENERAL NOTES
~
01
,.,
INLET .PROTECTION DEVICES SHALL BE MAINTAINED OR REPLACED AT THE
DIRECTION OF THE E'~INEER,
IIANUFACTUREO AL IERNATIVES APPROVED AND LISTED ON THE
DEPARTMENT'S EROSION CONTROL PRODUCT ACCEPTABILITY LIST MAY BE
SUBSTITUTED.
WHEN REIIOVINC OR MAINTAINING IIfLET PROTECTION. CARE SHALL BE TAKEN
SO THAT THE SEOIMtNT ~RAPPEO ON THE CEOTEXTILE FABRIC DOES HOT
FALL INTO THE INLET. ANY MATERIAL FALLING INTO THE INLET SHALL BE
REI.IOVEO IMI.IEOIATEL Y.
(jj FINISHED SIZE. INCLUDING 'LAP POCKETS WHERE REOUIREO. SHALL. EXTENO A
MINIMUM OF 10" AROUND THE PERIMETER TO 'ACILITATE MAINTENANCE OR REMOVAL.
15
~
<1> FOR INLET PROTECTION. TYPE C IWITH CURB BOX!, AN AOOITIONAl
Ie" OF 'ABRIC IS WRAPPEO AROUND T>E WOOD AND SECURED WITH SUPLES.
THE wOOD SHAll HOT BLOCK TNE ENTIRE NEIGNT or TNE CURB BOX OPENIN(;.
a> FLAP POCKETS SHAll BE lARGE ENOUCH TO ACCEPT WOOD 2X4,
-...
INLET PROTECTION, TVPE B
(WITHOUT CURB BOX)
ICAN BE INSTALLED IN ANY INlET WITHOUT A CURB 80x)
FRONT, BACK, ANO
BOTTOM TO BE
MADE FROM SINCLE
PIECE OF FABRIC.
MINIMUM OOUBLE STITCHED
SEAMS ALL AROUND SIDE PIECES
ANO ON FLAP POCKETS,
"WOOD 2" x A" EXTENDS
'" 8EYOND CRATE
WIDTH ON BOTH SlOES.
LENGTH VARIES.
SECURE TO CRATE WITH
WIRE OR PLASTIC TIES
INLET PROTECTION. TYPE C (WITH CURB BOX)
INeT ALL A TION NOTES
TYPE B . C
TRIM ExCESS FA8RIC IN THE FLOW LINE TO WITHIN '" OF THE GRATE.
THE CONTRACTOR SHALL DEMONSTRATE A METHOD OF MAINTENANCE, USINC A SEWN FLAP, HAND
HOLDS OR OTHER METHOD TO PREVENT ACCUMULATED SEDIMENT FROM ENTERING THE INLET.
TVPE D
INLET PROTECTION. TVPE D
fCAN BE INSTALLED IN ANY INLET TYPE WITH
OR WITHOUT A CUR8 80x AS PER NOTE ø )
00 HOT INSTALL IIfLET PROTECTION TYPE 0 IN INLETS SHALLOWER THAN '0", MEASURED
FROM THE 80TTOM OF THE Ila.ET TO THE TOP OF THE GRAn:,
TRIM EXCESS FA8RIC IN THE FLOW liNt TO WITHIN '" OF THE CRATE.
THE INSTALLED BAG SHALL HAVt A MINOoIUM SlOE CLEARANCE.8ETWEEN TNt INLET WALLS AND THE 8AG.
MEASURED AT THE 80TTOM OF THE OVEAFLOW HOLtS, OF ,", WHERE NECESSARY THE CONTRACTOR SNALL
CINCH THE BAG, USING PLASTIC ZIP TIES. TO ACIIEVE THE '" CLEARANCE. THE TIES SHALL 8E PLACED AT
A MAXIMUM OF A" FROM Tilt 80TTOM OF THE: 8AG.
~-
.u. DO
....
USE REBAR OR STEEL ROO
FOR REMOVAL
OR
FOR IIfLETS WITH CAST-
CUR8 BOX USE WOOO
2" X ~", EXTENO 10" BEVONO
CRATE WIDTH ON BOTH
SlOES. LENGTH YARIES,
SECURE TO GRATE WITH
WIRE OR PLASTIC TIES
~. X '" OVAL HOlE. SHALL 8E HEAT
CUT INTO ALL FOUR SlOE PANELS.
INLET PROTECTION
TYPE A. B. C. AND D
STATE Of IIISC~
OEPARTIof:HT or TIlAWOIITATION
III
52
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DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
190 FIFTH STREET EAST
ST. PAUL, MN 55101.1638
REPLY TO
ATTENTION OF
June 16,2005
Operati ons- Regulatory
(2005-2121-NTD)
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Mr, James Rabe
Earth Tech
4135 Technology Park}vay
Sheboygan, WI 53083».
Dear Mr. Rabe:
We have reviewed infonnation about a City of Oshkosh project to discharge dredged and
fill material for the installation of two 48-inch culverts under the active Canadian National
Railroad tracks at Libby Ditch. Your project also involves the replacement of three 48-inch
culverts at the intersection of Libby Ditch and Bowen Street with two 4-foot by 8-foot box
culverts. The purpose of the project is to reduce flooding trouble spots in the area. The project
is located in the SE.~ Sec. 12, T.18N., R.16E., Winnebago County, Wisconsin.
! .
We understand that you have applied for a pennit from the Wisconsin Department of
Natural Resources (WDNR) to conduct the work described above. We have detennined that if
your WDNR permit is issued or you have received a letter from the WDNR stating the
proposed work has been determined to be exempt, the proposed work is eligible for Federal
authorization by the Corps under Department of the Anny General Pennit GP-OO1-WI However,
this Federal authorization is NOT VALID UNLESS AND UNTIL a state pennit for the work is
issued by the WDNR. Proceeding with work before receiving the WDNR permit may
constitute a violation of Federal law.
General pennit GP;.OOl- WI is limited to certain activities that are permitted by the
WDNR. If the WDNR denies its pennit for the work, the Corps will deny your application for
Federal authorization without prejudice. In that event you may reapply for Federal authorization
if you subsequently receive a WDNR pennit.
This letter alone is not an authorization to proceed with work on your project. This letter
confinns that authorization under GP-OOl-WI will become valid for the work described above
when you receive the WDNR authorization. The GP-OOI-WI authorization will remain valid as
long as the WDNR pennit remains valid, unless it is specifically suspended or rescinded for your
project by the Corps.
Authorization of your project under GP-OOI-WI requires that you comply with all
conditions of the enclosed pennit and satisfy any limits and conditions of the WDNR pennit.
-2-
If you disagree with the enclosed jurisdictional detennination, you may provide new
infonnation.Please follow the directions in SectionD of the enclosed Notification of.
Administrative Appeal Options and Process and Request for Appeal.
The decision regarding this action is based on infonnation found in the administrative
record, which documents the District's decision-making process, the basis for the decision, and
the final decision. .
- ì1
"
r
)
If you have any questions, contact Nick Domer in our Green Bay office at (920)
448-2824. In any correspondence or inquiries, please refer to the Regulatory nUIÍ1ber shown
above.
Sincerely,
-1/~Á7~
RObert~
Chief, Regulatóry Branch
.~
k
j
Enclosure
I
Copy F1.1rnished: WDNR -Oshkosh
"
);
-
',(,: ... NOTIFICATION OF AD MINISTR.A TIVE APPEAL <lPTIONS ÁND;PROCESS AND
,. ' '" REQUESTFORAPPEÂL..' ", ..' "". "..' '. ,
. '. . ...' .. ,
Applicant: City of Oshkosh IFile Number: 2oo5-2121-NTD Date: June 16. 2005
Attached is: . See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A
PROFFERED PERMIT (Standard Permit or Letter of Permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision, Additional information may be found at http://usace.army.mil/inetlfunctions/cw/cecwo/reg or
Corps regulations at 33 CPR Part 331.
A. INITIAL PROFERRED PERMIT: You may accept or object to the permit.
- ACCEPT: If you received a Standard Permit. you may sign the permit document and return it to the district engineer for [mal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on
the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approve jurisdictional determinations associated with the permit.
8 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section n of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to
!appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
'permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
Idetermined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you
Fa proffered permit for your reconsideration, as indicated in Section B below.
B. PROFFERED PERMIT: You may acéept or appeal the permit.
I. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for fmal authorization. If you received a Letter of Permission (LOP). you may accept the LOP and your work is
lauthorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
I- APPEAL: If you choose to d~çline the proffered permit (Standard or LOP) because of certain terms and conditions
therein, you. may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
¡COmPleting Section II of this form and sending the form to the division engineer. This form must be received by the
,division engineer within 60 days of the date of this notice. ,
JC.PERMITDE:NIAL: You may appeal the denial ora permit under tlÎé ê()rps (){EniinéersAdmiÌ1istratÌvé'Àppeåí Process
bY completing Section IÎ of this form and sending the fom to the division engineer. This form must be received by the division
,engineer within 60 days of the date of this notice.
ID, APPROVED JURISDICTIONALDETERMINÂ'nON: You may accept or appeal the approved JD or
( provide new information.
i:8 ACCEPT: You do not need to notify the Corps to accept an approved JO. Failure to notify the Corps within 60 days of the date of
'thiS notice, means that you accept the approved JO in its entirety, and waive all rights to appeal the approved JO.
,8 APPEAL: If you disagree with the approved JO, you may appeal the approved JO under the Corps of Engineers Administrative
¡appeal Process by completing Section II of this form and sending the form to the division engineer. This form mùst be
received by the division engineeri within 60 days of the date' of this notice. '
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S,-þgTr9~lt~~Qlt~[' fOR, J\J>P;g~,~Ó! OßJEC'tl0~~ ,!O'~'~!Y~~:,fgQFfE~þ'~)$~~X,: ..,
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasonS for appealing the decision or your objections to an j t
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where 1.l~
your reasons or objections are addressed in the administrative record.)
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ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum' 'I"j
for the record of the appeal conference or meetmg, and any supplemental information that the review officer has .
:leternìÎtiedis'rieeded to clarify the adriiiriist:rative record, Nêitherthe appellant nor the Corps may add new information or .
malyses to the'reêor<L However, you may' provide additional information to clarify the 'location of information that is
llJ,:eady in the admimstrative record., '
P()~1'9f qQy.~~ç;r; ~Q ~.QJJ.:ß$1:~Q~ ::Q:R, :tN.FQ ~')iJQN, ,,':}~r :ê~" <:'\i;',
[f' you have 'question regarding this decision' and! or the If you only have questions regarding the appeal process you
lppeal process, you may contact: inay also contact: ' '
Nick Domer Division Engineer
U ,S. Arrily Corps of Engineers C/o Martha s, Chieply, Appeal Review Office
Suite 211, Old Fort Square CEMVD
Green Bay, Wisconsin 54303 P.O. Box 80
" Vicksburg, Mississippi 39181-0080
Telephone: (920) 448-2824 Telephone: (601) 634~5820 '
lIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
;onsultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15
lay notice of any' site investigation, and will have the opportunity to participate in all site investigations.
, Date: Telephone number:
~ignature of appellant or agent.
JURISDICTIONAL DETERMINATION
u.S. Anny Corps of Engineers
. Revised 8/13/04
DISTRICT OFFICE: St. Paul District
FILE NUMBER: 'MVP-200S-2121-NTD
PROJECT LOCATION INFORMATION:
State: Wisconsin
County: Winnebago
Center coordinates of site (latitude/longitude): 44,0451299486251,
Approximate size of area (p~cel) reviewed, including uplands:.l acres.
Name of nearëSt waterway: Lake Winnebago
Name of watershed: Winnebago, Wisconsin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination
Site visit(s)
-88,5316193665213
Ii Date: 06/16/2005
f!r Date(s):
Jurisdictional Determination (JD): . .
iii Preliminary JD- Based on available information,D there appear to be (or) 0 there appear to be no "waters of the United
States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part .
331).
I8IApproved JD - An approvedJD is an appealable action (Reference 33 CFR part 331).
Check all that apply: . .
I!JThere are "navigable waters of the UriitooSta.t~" (as defined by 33 CFR part 329 and associated guidance) within the
reviewed area. Approximate size ofjurisdictionaÍ area:
EmThere are "waters oftheurlited States". (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
GlThere are His()(ated, non-navigable,. intra-state waters or wetlands" wit.Qin"iÞe r~vievved area. .
ilDecision suppOrted by SW ANCClMignrtory BiTd Rule Information Sheçnor DetefrpinatiQn of No Jurisdiction.
BASIS OF JURISÐlCTIONALDETERMINATlON: .
A. Wate" defin~4Jlgder 3~ ÇFR part ~29 as "navigable waters of the United States":
1m The presence of waters that are. $ubject to the ebb and flow of the. tide am:l/orare presently used, or have. been used in
the past, or may be susceptible for use to transDort interstate or foreign commerce.
B. Waters defined under ~3 CFR part 328.3(a) as "waters of the United States":
f!I (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all Wat~ which are subject to the ebb and flow of the tide..
1!3 (2) The presence of interstate waters including interstl.!,te. wet}¡mdsl. ... .
f!iJ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intennittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degnidation or destruction of which
could affeCt interstatecomtriêrce including any such watcts (check all that apply):
0 (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
0 (ii) fÌ"om which fish or shellfish are or could be ta\<en and sold in interstate or foreign commerce.
0 (iii) which are or could be used for industrial purposes by industries in interstate commerce.
Ih (4) Impoundments of waters otherwise defined as waters of the US.
.. (5) The presence of a trï.bu~ry to a water identified in (1) - (4) above. .
!ft. (6) The presence of temtonal seas.
Ei (7) The presence of wetlands adjacenr to. other waters of the US, except for those wetlands adjacent to other wetlands.
. .
Rationale for the Basis of Jurisdictional Determination (applies to any bòxes checked ~bove). Ifthejurisdiction.aì water or
wetland is not itself a navigable water of the United States, describe connection(sY to the downstream navigable waters. If B(1) or
B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., dis<:us$ site conditions,
including why the waterbody is navigable and/or how the destruction oflhe waterbody could affect interstate or foreign commerce). If
B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis
of Jurisdiction, document the rationale used to make adjacency determination: The project is located in an unnamed
tributary to Lake Winnebago, a navigable water of the D,S,
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FILE NUMBER:
MVP-2005-2121-NTD
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
ß3 Ordinary High Water Mark indicated by: Ia High Tide Line indicated by:
0 clear, natural line impressed on the bank 0 . oil or scum line along shore objects
0 the presence oflitter árid debris' 0 fine shell or debris deposits (foreshore)
0 changes in the character of soil 0 physical markings/characteristics
0 destruction of terrestrial vegetation 0 .. tidal gages' .
0 shelving 0 other: '
0 other: ,
fiJ Mean High Water Mark indicated by: , '
Dsurvey to available datum; Dphysical markings; 0 vegetation lines/changes in vegetation types.
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OWetland boundaries,. as shown on the attached wetland delineation map and/or in a delineation report prepared by:
Basis For J'lfot Asserting Jurlsdiction:
II]The reviewed area consists entirely of uplands.
!!IUnable to confinn the presence of waters in 33 CFR part 328(aXI..2. or 4-7). "
¡f,;='¿:;::~:,::::;,,-: =-=Lurl=::=:~:,;,.,c: ::';;~1;" the ... ... not Watem of the United Sta,."
0 Waste treatment systems. including treatment ponds or lagoons.,pursuant to 33 CPR part 328.3.
0 Atificially irrigated areas, which would revert to upland if the inigation ceased. '
Artificial lakes and ponds created by excavating and/or diking dry land to collectånd
retain water and which are used exclusively for such purposes as stock watering, inigation, settling basins, or rice
,growing. " ,
Artificial reflecting ot swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
Water-filled depressions created in dry land incidental to construction activity and, pits excavated in dry land'for the
' purpose of obtaining fill, sand. or gravel unless and until the constructiOn or excavation, operation is abandoned and the
resulting body of water meets the definition of waters of the United States found at 33 CPR 328.3(a).
Isolated, intrastate wetland with no nexus to interstate commecce. " , " '"
Prior converted cropland, as detennined by the Natural Reso~ Conservation SerVice. Explain rationale:
Non-tidal drainage or inigation ditches excavated on dry land. Explain rationalø:
Otber(explain):' '
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0
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DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):'
, I ~:s~:~:sp;~~~~~~7::i~~;~:~~;~~¡:fa~I;::~cant
0 This office concurs with the delineation report. dated' ,
0 This office does not con<:IJT with the delineation report. dated
,prepared by (company):
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prepâred by (company):
I Data sheets prepared by tñe Corp$.
"',,.' ~i~e:~~~:::eS:~;~~~:~iC Atlas:
," U.S. Geological Survey 7.5 Minute Topographic maps: Oshkosh, WIsconsin
, . U. S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service SQil Survey:
National wetlands inventory maps: '
StateJLpcal wetland inventory màps:
: ' FEMAIFIRM maps (Map Name & Date):
IOO-year Floodplain Elevation is: (NGVD)
(I Aerial Photographs (Name & Date): Corps of Engineers 1992 Photos
II Other photographs (Date): '
m Advanced Identification Wetland maps:
I!i Site visitldetennination conducted on:
&1 Applicable/supporting case law:
II Other infonnation (please specify): '
et an are 1 ent! 1 an e meat using e met s an cntena esta IS
hydrophytic vegetation, hydric soils and wetland hydrology),
2The tenD "adjacent" means bordering, contiguous;or neighboring. Wetlands separatedfTom other waters of the U.S, "by man-made dikes or baniers, natural
river benns, beach dunes. and the like are also adjacent.
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DEPARTMENT OF '!'HE ARMY PERMIT
Permittee:
The General Public in Wisconsin
permi t No,:
GP-OOl-WI
Issuing Office:
St. Paul District
U. S. Army Corps of Engineers
Issuance Date:
January 1, 2004
Expiration Date: December 31, 2008
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NOTE: The term "you" and its derivatives, as used in this permit, means
the permittee or any future transferee. The term -this. office" r~fers
to the appropriate district or division office of the Corps of
Engineers having jurisdictiol1oveb::" the permitted activity or the
appropriate official of that office acting UJ1der the authority of the
commanding officer.
You are authorized to perform work in accordance with all terms and
conditions specified below.
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Project Del3cription: Tþegènerål public: iI1 the State of Wisconsin is
authorized to perform certain work that is regulated and approved by
the Wisconsin Department of Natural Resources (WDNR) in waters ofthè
United States pursuant to Wisconsin Statutes Chapter 30 or 31
(including Trans. 207 projects), qnd to perform work,for public
transportation projects that are:Í.n..compliancewith the WDNR--Wisconsin
Department of Transportatiò%i<WDO'1')liaison procedure under Wisconsin
Statute 30.12(4), subject to alle?fclusio;ns and conditions tbatfollow.
Project Location: Waters of the u.s. in Wisconsin that are regulated by
the (WDNR) pursuant to Wipc9ns~;n St~tutes Chapter 30 or 31.
NOTE: Federa1. autho:riz~t:ioJ1~~ci.~ftJj:i.~general permit is NOT'valid for
any acti vi ty UNLESS' ANIf'mrrÌ:L'fJìö ... proJect .. propon$nt-. bas received '.BoTH' '. â
WDNR.authorization and a Corps authorization letter for the project.
APPLICANTS MUST RECEIVE BOTH A WDNR PERMIT AND AN AUTHORIZATION LETT¡:tt:
FROM THE CORPS BEF()îŒAfn'W6RKI~(j!{îzED. ..'.
EXCLUDED ACTIVITIES. The following activities are not eligible for
authorization under GP-OO1-WI:
1.
Activities that are part of a project that would impact (drain,
fill, or inundate) more than two acres of waters of the U,S,
2.
Structures attendant to fleeting of barges are not authorized by
this GP in any case. .
3.
Activities that are denied any requir~d local, State, Tribal or
Federal authorization.
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Activities subject to a WDNR permit decision that is overturned
by a court of law.
5. 'Activities in Navigable Waters of the U.S. (Federal .Section 10.
waters) that, in the opinion of the St. Paul District of the Corps
of Engineers, would have an unacceptable adverse effect on
navigation.
6,
Activities that the St. Paul District of the Corps of Engineers
determines warrant. further Federal evaluation to address the
government's trust responsibility to American Indian Tribes.
Activities that the St. Paul District of the Corps of Engineers
determines have potential to cause unacceptable adverse impacts
on aquatic resources of national importance.
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7.
Activities that would have an adverse effect on a known
archaeological site or cultural resources, or on Federally-listed
endangered or threatened wildlife or plants or their criticål .
habitat, unless those activities are subjected to review under
the applicable procedures of Section 106 of the National Historic
Preservation Act -and/or Section 7 of the Endangered Species Act,
as appropriate, and are determined to comply with those Acts.
PERKrTOONDZTZONS:
8.
1. The time 1imi t for completing the work authorized under this general
permit ends 3 years from the date of the WDNR autborizationunless
otherwise specified in the WNDR permi t. If the WDNR permi t is
extended, the a~thorization issu~d under this general permit is
extended for the sarne length of time.
2. All work or discharges to a watercourse resulting from permitted
construction activities, particularly hydrav.lic dredging, must meet
applicable Feël~ral, State, and local water qtla.lity and effluent
standards ,pI;lacoI;ltinuing basis.
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3. Measures m1,1st be adopted to prevent potential pollut:ant;~from"
enteríngt:.he watercourse. Construction."mäterialsànd debris, including
fuels, oil, and other liquid substances, will not be stòredinthê
construction area in a manner that would allow them to' enter the
watercourse as a result of spillage, natural runoff, or flooding.
4. If dredged or excavated material is placed on an upland disposal
site (above the ordinary high-water mark), the site must be securely
diked or contained by some acceptable method that prevents' the return
of potentially polluting materials to the watercourse by surface runoff
or by leaching. The containment area, whether bulkhead or upland
disposal site, must be fully completed prior to the placement of any
dredged material.
5. Upon completion or earthwork operations, all exposed slopes, fills,
and disturbed areas must be given sufficient protection by appropriate
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means such as landscaping,. or planting and maintaining vegetative
cover, to prevent subsequen~ ~+osiQn.
6. All material (including riprap) .,. it ayt;:horized under this permit,
must consist of suitable material free from toxic pollutants in other
than trace quantities. In addition, rock or other material used for
activities dependent upon this peimit and obtained by excavation must
either be obtained from existing quarries or, if a new borrow site is
opened up to obtain material, the State Historic Preservation Officer
(SHPO) must be notified prior to the use oft;:he new site. Evidence of
this consultation with the SHPO will be fòrwarde<i to the St. Paul
Districtpffice. . .
7, If cultural, archaeological, or historical resources are Uh.êârthed
during activities authorized by this permit, work must be stopped
immediately and the.State Historic Preservation Officer must be
contacted for further instruction,
8. An investigation must be made to identify water intakes or other
activities tllat may beaJfected by suspengedsoii.cis a.ng turbidity
increases CåÚ iféd by work in the watercourse. . SufficientnoticeJfiUst be
given to the owners of property where the activities would take place
to allow them to prepare for any changes in water quality.
9. A contingency plan must be fonnulated that wo1J,ld be effective in
the event of.a spill. This requirement is particul¡:gly applicable in
operat:i,oÍis frivolving the handling of petrolewn products. If a spill of
any potential pollutant should occur, it is the responsibility of the
permi ttee to remove such material, to minimize any contamination
resulting from this spill, and to immediately notify the State
Department of Natural Resources and the U.S. Còast Guard at telephone
number (800) 424-8802.
10. The foll9wingspecial condition is apart of all Corps of Engineers
permits that provide authorization under Section 10 of the Rivers and
Harbors Act, regardless whether the permit provide~ such auth9rization
under Section 10 alone, or in combination with authorization under
other laws: .
The permittee' understands and agrees that, if future operations by
the United States require the removal, relocation, .orother alteration,
of the struct1JXe or work herein authorized, or if, in the opinion of
the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free
' navigation of the. navigable waters, the permittee will be required,
: Upon due notice from the Corps of Engineers, to remove, relocate, or
. alter the structural work or obstructions caused t~ereÞYI w~thout
expense to the United States, No claim shall be made against the
United States on account of any such removal or alteration.
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HOW'l'O APPLY FOR AND R'.tCEIVE AU'l'HOR:rZAT:rON UHDER GP-OO1-WX~
To receive authorization under this general pernû.t, the applicant must
submit a permit application to the WDNR and provide a copy of the
application to the St. Paul District. The District will review the
application to determine whether or not the project is eligible for
authorizati.on under GP-OOI-WI. This review will include a
determination of compliance with all of the above permit terms and
conditions, including those concerning cultural resources, Federally-
listed endangered or threatened wildlife or plants and the government's
trust responsibility to American Indian Tribes. This review may
include coordination with appropriate state or Federal agencies and/or
Indian Tribes and will include coordination with .the National Park
Service for all projects on or in Federal Wild and Scenic River$.
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The Corps authorization under.this genera], permit. wi11 H()'r be va1id for
thepro:jeat UNTIL the app1icant has received..both a WDNRauthorization
and a Corps authorization letter £oJ:'the project. APPL:rCAN'rS IIt1ST' .
RECEIVE BO-nl A WDNR PEJUa'J.". AND. An.'.. AUTHORIZATION LE'1'T£R. FROH TâE. 'CORPS
BEFORE ANY WORK:rS AtJ"rHORXZED.
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Further Information:
1. Congressional Authorities: You have been authorized to und~take
the activity described a.bòve pursuant to (as applicable):
ex) Section 10 of the Rivers and Harbors Act of 1899 e33 U~S.C. 403)
and/or
eX) Section 404 of the Clean Water Act (33 U.S.C. 1344).
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( ) Section 103 of the Marine Protection, Research and Sanctuaries
Act of 1972 (33 U.S.C. 14131.
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2. Limits. of this authorization.
a. This permit does not obviate the need to obtain other Federal,
state,.9J::__local authorizations required by law.
b. This permit does not grant any property rights or exclusive
privileges.
c. This permit does not authorize any injury to the property or
rights of others.
d. This permit does not authorize interference with any existing or
proposed Federal project.
3. 'Limits of Federal Liability. In issuing this permit, the Federal
Government does not assume any liability for the following:
a, Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes,
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b. Damages to the permitted project or uses thereof as a result of
current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted
work.
e, Damage claims associated with any future modification,
suspension, or revocation of this permit.
4. Reevaluation of Permit Decision. This office may reevaluate its
decision on any permit at any. time the circumstances wârrant. ".'
Circumstances that could require a reevaluation include~ but are not
limited to, the following:
a. Any term or condition of a permit is not satisfied.
b. The information provided in support of a permit application
proves to have been false, incomplete, or inaccurate.
c. Significant new information surfaces which this office did not
consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as
those contained in 33 CFR 326,4 and 326.5. The referenced enforcement
procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and
if Y9:tJ..._faiL.tocQffiply- withsuchdirective,.this office may in certain
situations (such as those specified in 33 CFR 209.170) accomplish the
correc~ive measures by contract or otherwise and bill you for the cost.
This permit becomes effective when the Federal official, designated to
act for the Secretary ot the Army, has signed below.
t\ 1. .
NLH~~1'~,,/
~Robert L. Ball. I
. , Colonel, Corps of E~ineers
: District Engineer
'"J.-'-- Þ e¿L tf .'3
(DATE)
5
PROJECT MANUAL
FOR
ANCHORAGE BASIN DRAINAGE IMPROVEMENTS
CONTRACT 05-01
FOR THE
CITY OF OSHKOSH, WISCONSIN
GENERAL TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS
PAGE NO.
OFFICIAL NOTICE TO BIDDERS ...............................................................,............................... 00100-1 to 00100-2
INSTRUCfIONS TO BIDDERS "'.""""."".""""""""'."'."""."""".""'.""."""'..""."'................00200-1 to 00200-7
BID FORM .....................................................................................""".""".""""."".'.""'."""""'" 00410-1 to 00410-9
BID BOND FORM .....................................................................................................................00430-1 to 00430:..2
i
AGREEMENT...................................................."""""""""""""""".""""..."""""""""'."'.".......00520-1 to 00520-6
PERFORMANCE BOND FORM ........................,...,.................................................................00610-1 to 00610-2
PAYMENT BOND FORM ........................................................................................................00615-1 to 00615-2
GENERAL CONDITIONS (EJCDC C- 700, 2002 Edition) .......,.................................................... 00700-1 to 00700-41
SUPPŒMENT ARY CONDITIONS .............,................................................................................ 00800-1 to 00800-11
SPECIFICATIONS
WAGE RATE REQUIREMENTS............................................................................".................... 00810-1 to 00810-19
DIVISION 1 - GENERAL REQUIREMENTS
Section 01112 Summary of Work ..,...................................................,...........................
Section 01330 Submittals ........... .,. ........... ................ ........... ..... ............................... .......
Section 01455 Testing Laboratory Services ...................................................................
Section 01799 Product Record Documents ....................................................................
DIVISION 2 - SITE CONSTRUCTION . .
Section 02232 Site Preparation """'."""""""""".""""""""".'.""""'.""".""'"............
Section 02315 Structure Excavation and Backfilling ...................................................,.
Section 02330 Mass Excavation....................................................................,................
Section 02378 Ground Stabilization with Erosion Control MaL....................................
Section 02379 Channel Bank Toe Protection.................................................................
Section 02445 Tunneling and Jacking of Large Diameter Pipe......................................
Section 02500 General Provisions for Utility Work.......................................................
Section 02518 Water Main .Systems..............................................................................
Section 02519 Testing Water Main Systems..................................................................
Section 02530 Sewer Systems .................., ..... ............... ........... .......... ..... ........... ............
Section 02537 Force Main Systems """."""'."""."""""""""".".'.""""."""..".."""""
Section 02620 Subdrainage Systems....... .... ...... ....... .......... .... ....... ..... ............. ..... ..........
Section 02905 Pond and Channel Seeding and Planting """""""."""""""""""""""'"
01112-1 to 01112-4
01330-1 to 01330-5
01455-1 to 01455-3
01788-1 to 01788-2
02232-1 to 02232-2
02315-1 to 02315-5
02330-1 to 02330-4
02378-1 to 02378-2
02379-1 to 02379-2
02445~1 to 02445-3
02500-1 to 02500-11
02518-1 to 02518-4
02519-1 to 02519-2
02530-1 to 02530-7
02537-1 to 02537-3
02620-1 to 02620-2
02905-1 to 02905-9
OSHKOSHFI-82859
DIVISION 3 - CONCRETE
Section 03200 Concrete Reinforcement .........................................................................
Section 03300 Cast-in-Place Concrete ...........................................................................
Section 03603 Epoxy Grout ...........................................................................................
Section 03605 Patching Mortar... ...................................................... """""""""""""'"
03200-1 to 03200-3
03300-1 to 03300-11
03603-1
03605-1
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DIVISION 5 - METALS
Section 05500 Metal Fabrications .................................................................................. 05500-1 to 05500-4
Section 05532 Metal Bar Grating................................................................................... 05532-1 to 05532-2
APPENDIX
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OSHKOSHH-82859
OFFICIAL NOTICE TO BIDDERS
ANCHORAGE BASIN DRAINAGE IMPROVEMENTS
CONTRACT 05-01
CITY OF OSHKOSH, WISCONSIN
OWNER: The City of Oshkosh, Wisconsin, hereby gives notice that sealed Bids will be received for the construction of approximately
4,000 Un ft of drainage channel, sedimentation/detention pond, various stonn sewer and culvert segments and appurtenant work.
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TIME AND PLACE OF BID OPENING: Sealed Bids will be received until 1 0:00 a.m., C.S.T. on Tuesday July 19, 2005, in the office
of the City Clerk, 215 Church Street, Room 104, Oshkosh, Wisconsin, 54903-1130. After the official Bid closing time, the Bids will be
publicly opened and read aloud in Room 404 of City Hall.
BIDDING DOCUMENTS: The Bidding Documents are on file for review at the office of the City Engineer, City Hall, Oshkosh,
Wisconsin, and the offices ofEarth Tech, Inc., 4135 Technology Parkway, Sheboygan, WI 53083. Copies maybe obtained by applying
to Earth Tech, Inc., 4135 Technology Parkway, Sheboygan, WI 53083. Requests shall include street address for delivery of documents.
A $50.00 non~refundable payment willbe charged for each set of Bidding Documents.
Copies of the Bidding Documents may be secured in person at the Earth Tech, Inc. office in Sheboygan, Wisconsin.
All bids must be submitted in an envelope sealed by the bidder or designated representative. All bids shall be addressed to the City
Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P.O, Box lBO, Oshkosh, WI 54903-1130. On the outside of the
envelope, the bidder shall distinctly indicate the name and address of the bidder and in the lower left comer should clearly indicate the
envelope contains a sealed bid for "Contract 05-01 - ANCHORAGE BASIN DRAINAGE IMPROVEMENTS". Any bids not complying
with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread.
Submission of bid documents by facsimile equipment will not be accepted.
This notice establishes a time by which sealed bids must be physically received by the City Clerk's Office. No bids will be accepted after
that deadline. Under no circumstances will bids be accepted and read when submitted at the place of bid opening even if presented
before the deadline.
SUBSURFACE CONDmONS: Subsurface report is on file for review at the office of the City Engineer, City Hall, Oshkosh,
Wisconsin, and at all offices listed for reviewing Bidding Documents. Copies are available at no cost and may be obtained when
requesting Bidding Documents.
HAZARDOUS ENVIRONMENTAL CONDmON: Hazardous Environmental Condition reports and drawings are on file for review at
the office of the City Engineer, City Hall, Oshkosh, Wisconsin, and at all offices listed for reviewing Bidding Documents. Copies are
available at no cost and may be obtained when requesting Bidding Documents.
LEGAL PROVISIONS: The Contracrlettinlfsfiäll be subject to the provisiOns of Sections62~15~p6.0901, 66:0903, and 779.15 of the
Wisconsin Statutes.
WAGE RAlliS: CON1RACTOR'S shall be required to pay not less than the prevailing wage rates on the Project as established by the
State of Wisconsin, Department of Workforce Development. Copies of these wage rates are on file in the office of the City Clerk and
incorporated in the Contract Documents. .
BIDDER'S PROOF OF RESPONSffill.lTY: In accordance with Wisconsin Statute 66.0901 (2), Contractors must be qualified to submit
a bid for this project. This shall be done on fonns furnished by the City of Oshkosh, Wisconsin, and must be filled out in proper manner
and then submitted to the City Manager for consideration and filed no later than July 14th, 2005. The Manager's decision as to
qualifications will be final.
BID SECURßY: Bid Security in the amount of not less than 5% nor more than 10% of the Bid shall accompany each Bid in accordance
with the Instructions to Bidders.
CON1RACT SECURITY: The Bidder to whom a Contract is awarded shall furnish a Perfonnance Bond and a Payment Bond each in an
amount equal to the Contract Price.
BID REJECTION/ACCEPTANCE: OWNER reserves the right to reject any and all Bids, waive infonnalities in bidding or to accept the
Bid or Bids, which best serve the interests of OWNER.
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OSHKOSHFI-82859
BID WITHDRAWAL: No Bid shall be withdrawn for a period of 90 days after Ihe opening of Bids without consent of OWNER
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Published by authority of Ihe City of Oshkosh. Wisconsin.
By:
RICHARD A WOLLANGK, City Manager
PUBLISHED:
June 25, 2005 and
July 2, 2005
Earth Tech, Inc.
Sheboygan, Wis~onsin
Project No. 82859
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OSHKOSHFI-82859
INSTRUCTIONS
TO
BIDDERS
OSHKOSHFI-82859
ARTICLE
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
PAGE NO.
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DEFINED TERMS.............................................................................................................................. 00200-1
COPIES OF BIDDING DOCUMENTS.............................................................................................. 00200-1
QUALIFICATIONS OF BIDDERS .................................................................................................... 00200-1
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE............. 00200--1
SITE AND OTHER AREAS. ...,.......... ..... ....,. ""'" """"" .............. ...... ........, """"""""""""""'" ........ 00200-3
INTERPRETATIONS AND ADDENDA............................... ...... ""'."."""""""""""""""""""""'" 00200-3
BID SECURITY..................,..........................................."",."""""""""""""""."",.""""""""".......00200-4
CONTRACT TIMES .......................................................................................................................... 00200-4
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LIQUIDATED DAMAGES ....."..... ............... ......,..... .....,....... ...... ,"" ... ....... """"'" """'."""""""""" 00200-4
SUBSTITUTE AND "OR EQUAL" ITEMS ..................................................................:.................. 00200-4
SUBCONTRACTORS, SUPPLIERS, AND OTHERS....................................................................... 00200-4
PREPARATION OF BID ..........., ..... '."'" ..... """""'.""" "'" ............ """'."""""'."""" ....................... 00200-5
BASIS OF BID; COMPARISON OF BIDS ....................................................................................... 00200-5
SUBMITTAL OF BID .............................. ............... .......... "'" ...... ...... .....................,.......................... 00200-6
MODIFICATION AND WITHDRAWAL OF BID............................................................................ 00200--6
OPENING OF BIDS.... ......... ... .......... ".'.""'" "."., ....... .......... ...... """"'" :'.......... ......... ....................... 00200-6
BID TO REMAIN OPEN SUBJECT TO ACCEPTANCE................................................................. 00200--6
EV ALUA TION OF BIDS AND AWARD OF CONTRACT ""...................................,..................... 00200--6
CONTRACT SECURITY AND INSURANCE.................................................................................. 00200-7
SIGNING OF AGREEMENT ............................................................................................................. 00200-7
WAGE RATES ........ ........................... ....'" ........ '."""'" """" ....... ........ ......... ......., ""'" ........ ............... 00200--7
SALES AND USE TAXES ................................................................................................................. 00200--7
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OSHKOSHFI-82859
INSTRUCTIONS TO BIDDERS
ARTICLE 1 - DEFINED TERMS
1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary
Conditions. Additional tenns used in these Instructions to Bidders have the meanings indicated below which are applicable to both
singular and plural thereof:
A. Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are
to be adllÚnistered.
ARTICLE 2 . COPIES OF BIDDING DOCUMENTS
..2.01 Complete sets of Bidding Documents shalllx<usecl in preparing Bids; neither OwNER nor ENGINEER assumes any
responsibility for errors. or llÚsinterpretatiol1s ~esulting ftom the use of incomplete sets of Bidding Documents.
2.02 OWNER and ENGINEJ3R in making copies ofB~dding Documents available on the above tenns do so only for the purpose
ofôbtainingBids 011 the Work and do not confer a license or graDt for any other use.
ARTICLE 3. QUALIFICA nONS OF :BmD~RS
.3.M BidderS()Il òrbeforêtbe date spêcifiedintheOffiêiål Noti~eto Bidders, shall submit to OWNER a completed Bidder's
Pi-oofOf Responsibility FoÌ1n provided by and obtained from OWNER.
A.
Prior action of OWNER is prequalifying contractors for other projects will not be applicable to this Project.
B. The object of the request for the qualification of Bidder is not to discourage bidding or make it difficult for qualified
Bid4êci to filêBids:. Neither is it intended to discourage beginning co.ntractors. It is intended to make it possible for OwNER to
have exact information on financial ability, equipment and experience in order to reduce the hazards involved in awarding
contracts to parties who may not be qualified to perform the Work as specified.
3.02 OWNER'S decision as to qualification of the Bidders shall be final.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE
4.01 Subsurface and Physical Conditions
A.
TheSupplementaIj Conditions ¡identify:
1. Those reports 9f explorations and tests. of subsurface conditions at or contiguous to the Site that ENGINEER has
. used in preparing the Bidding Documents. .
2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous
to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in paragraph 4.01 A will be made available by OWNER to any Bidder on
request. Those reports and. drawings are not part of the Contract Documents, but the "technical data" contained. therein upon
which Bidder is ~ntitled to rêÍy as provided in Paragraph 4.02. of the General Conditions has been identified and established in
. paragraph 4.02. of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from
aIlý "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown orindicated in
such drawings. .
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OSHKOSHFI-82859
4.02 Underground Facilities
A. Infonnation and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at
or contiguous to the Site is based upon infonnation and data furnished to OWNER and ENGINEER by owners of such
Underground Facilities, induding OWNER, or others.
4.03 Hazardous Environmental Condition
A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition
identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.
B.Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder upon
request. Those reports and drawings are not part of the Conlract Documents, but the "technical data" contained therein upon which
Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph
4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or condusion Bidder draws from any
"technical data" or any other data, interpretations, opinions, or infonnation contained in such reports or shown or indicated insuch
drawings.
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4.04 Provisions concerning responsibilities for the adeqùacy of data furnished to prospective Bidders with respect to subsurface
conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents doe to differing
or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions.. Provisions concerning
responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at
the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to
be within the scope of the Work appear in paragraph 4.06 of the General Conditions. .
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4.05 On request, OWNER will provide each Bidder access to the Site to conduct such examinations, investigations, explorations,
tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes andc1ean up and restore the
Site to its fønnèr condition upon completion of such explorations, investigations, tests, and studies. Bidders shall comply with all
applicable Laws and Regulations relative to excavation and utility locates. .
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4.06 Reference is made to Section 01112 of the Specifications for the identification ofthe general nature of work that is to be
perfonned at the Site by OWNER or others (such as utilities and other prime Contractors) that relates to the Work for which a Bid
is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents
(other than portions thereof related to price) for such.work.
4.07 It is the responsibility of each Bidder before submitting a Bid to:
A. Examine and carefully study the Bidding Documents and other related data identified in the Bidding J)ocuments, and
any Addenda.
B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect
cost, progress, or perfonnance of the Work;
C. Become familiar with and satisfy Bidder as to all federal, state and local Laws and Regulations that may affect cost,
progress, or performance of the Work; . .
D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all
drawings of physical conditions in or relating to exÍsting surface or subsurface structures at or contiguous to the Site (except
Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General.
Conditions, and (2 reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the
Supplementary Conditions as provided in paragraph 4.06 of the General Conditions;
E. Obtain and carefully study (or accept consequences for not doing so) all additional or supplementary examinations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to
the Site which may affect cost, progress, or perfonnance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Bidder, induding applying any specific means, methods,
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OSHKOSHFI -82859
techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and
programs incident thereto;
F. Agree at the time. of subuúning its. Bid that no further examinations, investigations, explorations, test, studies or data
are necessary for the determination of its Bid for perfonnance of the Work at the price(s) bid and within the times and in
accordance with the other tenns and conditions of the Bidding Documents;
G. Become awa,re of the general nature of thework to be perfonned by OWNER and others at the Site that relates to the
Work,as indicated in theBi4din~ D9cuments;
H. . Correlate the. informa,tion knownto Bidder, information and observations obtained from visits to th~ Site, reports and
drawings identified in the. Bidding Documents, and all. additi()nal examiJIa,tions, investigations, explorations, tests, studies, and data
with the Bidding Documents; .' . ". . ,
I. Pr()mptly give ENGINEER, writteq notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in
the Bidding Documents and confmn that the written resolution thereof by ENGINEER is acceptable to Bidder; and
J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all tenns and
conditions for the perfonnance of the Work.
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4.08 The subuússion of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every
requirement of this Article 4, that without exceptionthe Bid is preuúsed upon performing and furnishing th~ Work required by the
Bidding Documents and applying any specific means, methods, techniques, sequences, and procedl.1fes of con~truction that may be
shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all
conflicts, errors, ambiguities, and discrepancies that Bidqerhas disç()vered in the Bidding Documents and the written resolutions
thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey
understanding of all tenns and conditions for performing and furnishing the Work. '
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AR'rICLE 5 ~ SIn: Ar'JD PTHER AREAS
5:0ì . The Site is identi,fied, intheJJidding DocllQ1ents. All additional lands and access th~reto required for temporary
construction fAcilities, consl:111ctioq equipment, or storage of materials and equipment to be incorporated in the Work are to be
obtained and. paid for by CO~CTOJ.LEasyments for pennanent stJ:uctures or pennanent changes in existing facilities are to
, be obtained and paid for by OWNER unless otþeIJ¥j~ provided in the Bidding Documents.
ARTICLE 6 . INTERPRETATIONS AND ADDENDA
6~QLAllquyS9oqs ab()P! ~11;;lI\e¡lpÍn~ or iJ)tent ofth,e Bidding Documents are to be subuútted to ENGINEER in writing.
Interpreta}ions .orc1arifica9°~s conside.req necessary by ENGINEER in response to such questions will be issued by Addenda
imûJe<:t or deliver{(d to.all p~tjes.rec()rd{(d byENGINEER as having received the Bidding Documents. Questions received less
thattse"e114¡,¡yspri()r.tothe d~te .f().r ()pening of~~dsmaynot be answered. Qnly questions answered by Addenda will be binding.
Anyil1fórm.atf()qprovigeq tpl}iddçrs oWer tQa,h by means of the Bidding Documents, including Addenda as described below, is
giyeniri(oJ1Ilally for informl;ltÎpn ~nd the convenienc,e of the Bidder only and is not guaranteed. Oral or other interpretations or
dårificati()nš Will be.withoutl~gal effect.
6.02 ENGINEER will neither approve nor disapprove materials or equipment prior to the opening of Bids. No response will be
provided to a Bidder's oral question if the question involves an interpretation of the intent or meaning of the Contract Documents,
or the. equality or use of products or methods otherthaq those deSignated or described on the Drawings or in the Specifications.
6.03 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or
ENGINEER.
6.04 Each Bidder shall determine prior to subuútting a Bid that Bidder has received all Addenda issued, and each Bidder shall
acknowledge receipt on the Bid Fonn.
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ARTICLE 7 . BID SECURITY
7.01 A Bid must be accompanied by Bid security made payable to OWNER in amount of not less than 5% nor more than 10% of
the Bidder's maximum Bid price and in the form of a certified check or a Bid Bond (on form attached) issued by a surety meeting
the requirements of paragraphs 5.01 and 5.02 of the General Conditions.
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7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents,
furnished the required contract security and met the other conditions of the Notice of A ward, whereupon the Bid security will be
returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security
within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be
forfeited. The Bid security of other Bidders whom OWNER believes to have a reaSonable chance of receiving the award may be
retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid Opening,
where upon the Bid Security furnished by such Bidders will be returned.
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7.03 Bid security of the other Bidders who furnished certified checks will have checks returned within 7 days after the Bid
opening. Bond forms will be returned upon request
ARTICLE8-CONTRACTT~ES
8.01 The number of days within which, or the dates by which, the Work is to be Substantially Completed and ready for final
payment are set forth in the Agreement.
ARTICLE 9 . LIQUIDATED DAMAGES
9.01 Provisions for liquidated damages, ifany, are set forth in the Agreement.
ARTICLE 10 - SUBSTITUTE AND "OR EQUAL" ITEMS
10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents
without consideration of possible substitute or "or eqmiI" items. Whenever it is specified or described in the Bidding Documents
that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to
ENGINEER, application, for such acceptance will not be considered by' ENGINEER until after the Effective bate of the
Agreement. The procedure for submission of such application byCONTRACTOR and consideration by ENGINEER is set forth
in the General Conditions and may be modified in the Supplementary Conditions or supplemented in the General Requirements.
ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
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11.01 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to
OWNER a list of all Subcontractors, Suppliers, individuàIs, or eJjtities propösed for those portions' of theW ork identified. After
receipt of this list and if requested by OWNER, Suécessful Bidder, and any other Bidder so requested, shall submit an experience
statement with pertinent information regarding similar projects and other evidence of qualification fOr each such Subcontractor,
Supplier, individual, or entity identified by OWNER If OWNER or ENGINEER, after due investigatÎon, has reasöl1iible Objection to
any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent
Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid
price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price
adjuSbnent in evaluating Bids and making the Contract award.
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The apparent Successful Bidder, or any other Bidder so requested, shall submit to the OWNER the following:
1.
The designation of the Work to be performed by Bidder with their own forces.
11.02 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom
CONTRACTOR has reasonable objection. '
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ARTICLE 12 - PREPARATION OF BID
12.01 Only Ihe Bid Fonn included with Ihe Bidding Documents shall be used. Additional copies may be obtained from ENGINEER
(or Issuing Office).
A All blanks on !he Bid Fonn shall be completed by printing in ink or by typewriter and !he Bid signed in ink. Erasures or
alterations shall be initialed in ink by !he person signinglhe Bid Fonn.
B. A Bid price shallbe indicated for each Bid item, supplemental umt priceitein, and ùÍÙt price hem listed !herein, or !he
words .'No Bid," uNo Change," or UNot Applicable" entered.
C. The Bid shall contain an acknowledgement of all Addenda, the numbers of which shall be filled in on !he Bid Fonn. It
is Ihe responsibility of the Bidder to submit a neat, accurate, and complete Bid..
D. . The full name, telephone number, and business address of each Bidder for commuriicâtions regarding !he Bid shall be
entered on Ihe Bid submitted. .
E, The Bid shall be signed in the space provided therefore by written signature of the person or persons properly
aulhorized to sign it. All names shall be typed or printed below Ihe signature.
12.02 The Bidder, when signing the Bid(s) shall meet the followirig requiiementŠ:
A.
A Bid by an individual shall be signed by the Bidder and show Bidder's name and Bidder's official address.
B. A Bid by a partnership shall be executed in the partnership name and signed by a partner (whosetitIe must appear
under the signature) accompanied by evidence of authority to sign. The official address of the partnership shall be shown below
the signature. .
C. A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate
office,raccompanied by evidence of authority to sign. The corporate seal shall be affixed ånd attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Such corporation must
be licensed to do business in the state in which the Project is located before a Contract to do the Work embraced in the Bid can be
signed. If a foreign corporation, the state under which it is incorporated mustbe named.
o. A Bid by ajointventure shall be executed by eachjoint venturer in the manner indicated on the BidforÌn. The official
address of joint venture shall be shown below the signature.
E. A Bid by a limited liability company shall be executed in the name of Ihe firm by a member and accompanied by
evidence of authority to sign. The state offonnation of the fmn and the official address of the firmsbåII be shown below the
signature.
12.03 J'heBid shaUcontainevidence of Bidder's aulhority and qualification to do business irithe state where the Projecf is
located or covenant to obtain such qualification prior to award of the Contract. Bidder's state Contractor license number for the
state of the Project, if any, shall also be shown on Ihe Bid Form.
ARTICLE 13 . BASIS OF BID; COMPARISON OF BIDS
13.01 Unit Price
A.
Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Unit Price Schedule.
B. The. total of all estimated prices will be the sum of Iheproducts of the estimated quantitY of each item and the
corresponding unit price for Ihe item. The final quantities and Col1tractPrice will be deterinÍned in accordance with paragraph
11.03 of Ihe General Conditions.
C. Discrepancies between the multiplication of units of Work and uniiprices will be resolved in favorofthê unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the
correct sum. Discrepancies between words and figures. will be resolved in favor of the words.
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D. A Bid which does not contain a unit price which is both adequate and reasonable for each item named in the Bid may
be considered irregular and subject to rejection.
13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash or
quantities allowances, if any, named in the Contract Documents as provided in paragraph ,11.02 of the General Conditions.
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13.03 OWNER shall have the right to reject any supplemental unit prices for additions to or deductions from the Work as given
in the Bid if the prices are considered excessive or unreasonable, or, to accept any unit prices which may be considered fair and
reasonable.
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ARTICLE 14 -SUBMITTAL OF BID
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14.0 I With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form and the Bid
Bond form. The unbound copy of the Bid Form shall be colJlpleted and submitted with the Bid security and other data.
14.02 A Bid shall be submitted no later than the date and the time prescribed and at the place indicated in the Official Notice to
Bidders or r-;rotice of Public Hearing and Letting and shall be enclosed in an opaque sealed envelope plainly IIiarkedwith the
Project title (and, if applicable, the designated portion of the Proj~ct for which the Bid is submitted), the name and address of the
Bidder, and shall be accompanied by the Bid security and other required documents. If the Bid is sent by mail or other delivery
system. the sealed envelope containing the, Bid shall be enclosed in a separate envelope plainly marked on the outside with the
notation "BID ENCLOSED." No oral, facsimile, or telephonic bids will be accepted. A mailed Bid shall be address to the address
indicated on the Bid Form. .
14.03 Bids received after th.e official ~id closure time will be returned to the Bidder unopened.
ARTICLE 15 . MODIFICATION AND WITHDRAWAL OF BID
15~01 Bids may not be modified prior to the Bid opening time if a Bidder claims a mistake, omission, or error in the preparation
of the Bid. Bids may be withdrawn prior to opening of the Bids upon written request of the Bidder, or the personal appearance of
the Bidder or Bidder's designated representative. Withdrawn Bids may not be resubmitted unless the Work is readvertised and
rebid upon such advertisement.
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15.02 If, within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly
thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the
preparation of its Bid, that Bidder may withdraw its Bid, and Bid security will be returned. Thereafter, if the Work is rebid,tbat
Bidder will be disqualified from further bidding on the Work.
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ARTICLE 16 . OPE~ING OF BIDS
16.01 Bids will be opened at the time and place indicated in the Official Notice to Bidders and, unless obviously non-responsive,
read aloud publicly. An aþstract.of the amounts of the base :ijid and major alternates, if any, will be made availåble to Bidders
after the opening of Bids.
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ARTICLE 17 . BID TO REMAIN SUBJECT TO ACCEPTANCE
17.01 All Bids will remain subject to acceptance for the period of time stated in the Official Notice to Bidders, but OWNER
may, in its sole discretion, release any Bid and return the Bid security prior to the end of Ìhis period.
ARTICLE 18 . EV ALUA TION OF BIDS AND AWARD OF CONTRACT
18.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive,
unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable
inquiry and evaluation, to not be responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of theProject to make an award to that Bidder. OWNER also reserves the right to waive allinformalities
not involving price, time, or changes in the Work.
00200-6
OSHKOSHFI-82859
18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be
considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for
disqualification of that Bidder and the rejection of all Bids in which the Bidder has an interest.
18.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices. supplemental prices and other data, as may be requested in the Bid Fonn or prior to the Notice of Award.
18.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and
experience Of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the
identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Instructions to Bidders.
OWNER also may consider the operating costs, maintenance requirements. perfonnance data and guarantees of major items of
materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of
Award.
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18.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and
financial ability of Bidders, proposed Subcontractors. Suppliers, individuals, or entities to perfonn the Work in accordance with
the Contract Documents.
18.06 If the Contract is to be awarded. OWNER will award the Contract to the lowest responsive. responsible Bidder.
18.07 OWNER is prohibited from knowingly soliciting Bids from, negotiating with or awarding contracts to, and approving or
allowing subcontracts with a debarred Contractor. If a Bidder, offeror or proposed subcontractor is listed on the consolidated list
of debarred Contractors compiled by Department of Workforce Development in accordance with Wisconsin Administrative Code
Chap. Ind. 94, it may not be awarded the contractor be allowed to participate as a Subcontractor, except as otherwise provided in
Wisconsin Administrative Code Chap. Ind. 94.
ARTICLE 19 . CONTRACT SECURITY AND INSURANCE
19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's
requirements as to perfonnance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement
to OWNER, it shall be accompanied by such bonds. .
ARTICLE 20 - SIGNING OF AGREEMENT
20.01 When OWNER gives a Notice of A ward to the Successful Bidder. it shall be accompanied by the required number of
unsigned counterparts of the Agreement with other Contract Documents which are identified in the Agreement attached thereto.
Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and
attached documents to OWNER. Within 10 days thereafter, OWNER will deliver one fully signed counterpart to Successful
Bidder and ENGINEER.
20.01 The Notice of Award will be issued within 65 days after the Bids are received.
ARTICLE21. WAGE RATES
21.01 Not less than the prevailing wage rates on public Work as established by the State of Wisconsin, Department of Workforce
Development (DWD) shall be paid. Bidder is required to submit with the Bid a Disclosure of Ownership fOnD in accordance with
the instructions contained on the fonD.
ARTICLE 22 - SALES AND USE TAXES
22.01 Bidder shall investigate the statutory requirements for payment of sales taxes and if required shall include the tax in the
Bid.
22.02 If investigation indicates tax exempt status, CONTRACTOR(s) shall forward this infonnation to their Suppliers in order
that the sale of such materials and equipment be properly recorded as a tax-exempt sale.
* * * END OF INSTRUCTIONS TO BIDDERS * * *
00200-7
OSHKOSHFI-82859
BID
FORM
OSHKOSHFI-82859
BID FORM
PROJECT IDENTIFICATION
Anchorage Basin Drainage Improvements
Contract 05-0 I
for !he
City of Oshkosh, Wisconsin
PROJECT NUMBER: 82859
ARTICLE 1- BID RECIPIENT
1.01 This Bid is Submitted to:
City of Oshkosh
Attn: City Manager
215 Church Aven~e
P.O. Box 1130 .
Oshkosh, WI 54903-1130
(hereinafter called OWNER)
ARTICLE 2 . BIDDER'S ACKNOWLEDGEMENTS
2.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to ènterinto an Agreementwi!h OWNER in !he form
included in !he Bidding Documents to perform all Work as specified or indicated in !he Bidding Documents for the prices and
. within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding DOCuments.
2.02 Bidder accepts all of the terms and conditions of the Official Notice to Bidders and Instructions to Bidders, including
wi!hout limitation those dealing with !he disposition of Bid security. This Bid will remain subject to acceptance for the Rid
withdrawal time period specified in the Official Notice to Bidders after the Bid opening, or for such longer period of time !hat
Bidder may agree to in writing upon request of OWNER.
ARTICLE 3 -- BIDDER REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied !he Bidding Documents, the other related data identified in the Bidding
Documents, and the following Addenda, receipt of which is hereby acknowledged:
Addendum
Date
Addendum
Number
B. Bidder has visited the Site and become familiarwith and satisfied as to the general, local, andSite conditions !hat may
affect cost, progress, performance of the Work; .
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, performance of !he Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to !he
Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site
00410-1
OSHKOSHFI-82859
(except Underground Facilities) which have been identified in Ihe Supplementary Conditions paragraph 4.02, (2) reports and
drawings of a Hazardous Environmental Condition, if any, which has been identified inlhe Supplementary Conditions in
paragraph 4.06.
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E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance oflhe Workor which relate to
any aspect of Ihe means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including
applying Ihe specific means, melhods, techniques, sequences, and procedure of construction expressly required by Ihe Bidding
Documents to be employed by Bidder, and safety precautions and programs incident thereto.
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F. Bidder does not consider Ihat any further examinations, investigations, explorations, tests, studies or data are necessary
for Ihe determination of this Bid for performance of Ihe Work at Ihe price(s) bid and with Ihe time(s) and in accordance wilh oilier
terms and conditions of Ihe Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER and olhers at the Site that relates to the
Work as indicated in the Bidding Documents.
H. Bidder has colTelated Ihe information known to Bidder, information and observations obtained froinvisits to the Site,
reports and drawings identified in Ihe Bidding Documents, and all additional examinations, investigations, explorations, tests,
studies, and data wilh Ihe Bidding Documents.
I. Bidder has given ENGINEER written notice of all conflicts, elTors, ambiguities, or discrepancies Ihat Bidder has
discovered in Ihe Bidding Documents, and Ihe written resolution Ihereof by ENGINEER is acceptable to Bidder.
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J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance of Ihe Work for which the Bid is submitted.
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K. Bidder will submit written evidence of its aulhority to do business in the state where the Project is located not later
than the date of its execution of the Agreement.
ARTICLE 4 - FURTHER REPRESENTATIONS
4.01 Bidder further represents that:
A. this Bid is genuine and not made in the interest or on behalf of any undisclosed individual or entity and is not
submitted in conformity wilh any agreementJor rules of any group, association, organization or corporation;
B.
Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid,
C.
Bidder has not solicited or induced any individual or entity to refrain from bidding; and
D.
Bidder has not sought by collusion to obtain for itself any advantage over any oilier Bidder or over OWNER.
ARTICLE 5 - BASIS OF BID
5.01 Bidder will complete the Work in accordance wilh the Contract Documents for Ihe following price(s):
UNIT PRICE SCHEDULE
No.
Estimated Quantity and Item
Unit Price
Total
Anchorage Channel
1.
Lump sum unclassified excavation, (3,710 lin ft
of drainage channel), compo as spec., per lump sum
$
00410-2
OSHKOSHFI-82859
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1
19.
20.
21.
22.
2.
Lump sum channel seeding, compo as spec., per lump sum
3.
1,249lin ft of 6-in. underdrain, compo as spec., per liD ft
4.
688 liD ft of 30-in. storm sewer, compo as spec., per lin ft
5.
1 ea. 30-in. precast reinforced concrete apron endwall,
compo as spec., per ea
6.
41 liD ft of 36-in. storm sewer, compo as spec., per liD ft
7.
1 ea. 36-in. precast reinforced concrete apron endwall,
compo as spec., per ea
8.
120 liD ft of 29-in. by 45-in. HE storm sewer,
compo as spec., per lin ft
9.
1 ea 29-in. by 45-in. precast reinforced concrete apron endwall,
- compo as spec., per ea $
10.
140 liD ft of dual 36-in. culvert, compo as spec., per lin ft
11.
4 ea cast-in-place concrete endwalls for dual
36-in. culvert, compo as spec., per ea
12.
115 lin ft of triple 36-in. by 58-in. concrete arch
culvert, compo as spec., pet lin ft
13.
1 ea cast-in-place concreteendwall for triple 36-in.
by 58-in. concrete arch pipe culvert,
compo as spec., per ea
14.
1 ea cast-in-place concrete end wall for triple 36-in.
by 58-in. concrete arch pipe culvert and 29-in. by
45-in. HE culvert, compo as spec., per ea
15.
92 liD ft of 8-in. drain, compo as spec., per lin ft
16.
19 vert ft of 60-in. dia manhole (3 units), compo
as spec., per vert ft
17.
7 vert ft of 96-in. diamanhole (1 unit),
compo as spec., per vert ft
18.
Lump sum construct cast-in-place storm sewer
junction chamber, compo as spec., per lump sum
110 liD ft of 48-in. jacked culvert, compo as spec., per liD ft
2 ea cast-in-place concrete end wall for quadruple
48-in. culvert, compo as spec., per ea
114lin ftof dual4-ft by 8-ft precast concrete box
culvert, compo as spec., per liD ft
Lump sum construct cast-in-place endwalls for
dual 4-ft by 8-ft precast concrete box culvert,
compo as spec., per lump sum
00410- 3
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
OSHKOSHFI-82859
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
23.
1,120 lin ft channel bank toe protection,
compo as spec., per lin ft
24.
133 lin ft of 8-in. sanitary lateral relay, compo
as spec., per lin ft.
25.
28 lin ft of 6-in. water main relocation,
compo as spec., per lin ft
26.
46 lin ft of 8-in. water main relocation
compo as spec., per lin ft
27.
67 lin ft of lO-in. water main relocation, compo
as spec., per lin ft
28.
47 in. ft polysterene water main pipe insulation,
compo as spec., per lin ft
29.
52 lin ft of dual 20-in. force main relocation, compo
as spec., per lin ft
30.
Lump sum sewage combination air/vacuum release valve
manhole, compo as spec., per lump sum
550 sq yd heavy rip-rap, compo as spec" per sq yd
44 sq. yd extra heavy rip-nip, compo as spec. per sq yd
Lump sum removal of railroad rails and ties,
compo as spec., per lump sum
Lump sum removal and replacement of existing 48-in.
apron end wall, compo as spec., per lump sum
Lump sum removal of 12-in. culvert at Harrison
Street and Murdock Avenue, compo as spec., per lump sum
Lump sum construct snow melt runoff diversion berm,
compo as spec., per lump sum
Lump sum allowance for disposal of contaminated
material, compo as spec., per lump sum
Lump sum construct 8-in. office at Bowen Street and
Murdock Avenue, compo as spec., per lump sum
E. Murdock SedimentationlDetention Pond
Lump sum unclassified excavation (sedimentation!
detention pond grading), compo as spec., per lump sum
Lump sum pond seeding, compo as spec., per lump sum
Lump sum pond plantings, com. as spec., per lump sum
106 lin ft of 36-in. storm sewer" compo as spec., per liD ft.
00410-4
$
$
$
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$
$
$
$
$
$
$
$
$
$
$
$
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$
$
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$
$
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$
$
$ 150,006.00
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$
$
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$
$
$
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OSHKOSHFI-82859
43.
44.
45.
46.
47.
48.
49.
50.
51.
1 ea 36-in. precast reinforced concrete apron endwall,
compo as spec., per ea
461lin f1. of 24-in. storm sewer, compo as spec., per lin ft
1 ea 24-in. precast reinforced concrete apron endwall,
compo as spec., per ea
11 vert ft of 48-in. dia manhole (1 unit),
compo as spec., per vert ft
9 vert ft of 60-in. <li~manhole (1 unit)
compo as spec., per vert ft.
11 vert ft of 72-in. dia manhole (1 unit)
compo as spec., per vert ft
Lump sum construct cast-in-place pond inlet
. junction chamber, compo as spec., per lump sum
Lump sum construct cast-in-place pond outlet structure,
including 12-in. inlet pipe, orifice plate, metal gràting,
and anti-seep collars, compo as spec., per lump sum
53 sq yd medium riprap, compo as spec., per sq yd
BID PRICE (Summation of Bid Items)
$ $
$ $
$ $
$ $
$ $
$ $
$
$
$
$
)
(dollars - written)
($
(figures)
Unit Prices have been computed in accordance with paragraph 11.03 of the General Conditions.
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids,
and final payment for all Unit Price Bid iteß1s will be based on actual quantities provided, determined as provided in the
Contract Documents.
5.02 SCHEDULE OF SUPPLEMENTAL UNIT PRICES
If the required quantities of the items included in the Unit Price Schedule listed below are increased or decreased by
Change Order, Bidder shall indicate the unit prices for adjusting quantities to apply to such increased or decreased
quantities. Bidder has computed unit price(s) as provided in Paragraph 11.03.B of the General Conditions.
Sheathing and bracing ordered, left in
. place (close sheathing), per 1,000 bd. ft.
Sheathing and bracing ordered, left in
place (spot sheathing) per. 1 ,000 bd. ft.
Rock excavation (less than 10 cu. yd.),
machine removal, as specified, per cu. yd.
Rock excavation (less than 10 cu. yd.),
blasting removal, as specified, per cu. yd.
00410-5
$
per 1,000 bd. ft.
$
per 1 ,ooobd. f1.
$
per cu. yd.
$
per cu. yd.
OSHKOSHFI-82859
Granular backfill (for extra or credit)
as ordered (in place), per cu. yd.
$
per cu. yd.
Crushed stone (for unstable trench bottom)
as ordered (in place), per cu. yd.
$
per cu. yd.
Adjustment prices are subject to acceptance by OWNER, and rejection of one or more adjustment prices will not invalidate
acceptance of this Bid.
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ARTICLE 6 - TIME OF COMPLETION
6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for fiÌ1à1 payment in accordance
with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the
Agreement.
6.02 Bidd~r accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within
the Contract Times.
ARTICLE 7 - ATTACHMENTS TO THIS BID
7.01 The foHowing documents are attached to and made a condition of this Bid:
A. Required Bid Security in the form of
(Certified Check or Bid Bond)
in the amount of
(Dollars or Percent)
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B. Disclosure of Ownership form (attached).
ARTICLE 8 - DEFINED TERMS
8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instrucûons to Bidders. the General
Conditions, and the Supplementary Conditions.
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ARTICLE 9 - COMMUNICATIONS
9.01 Communications concenÌing this Bid shall be addressed to the Bidder as indicated below:
Name:
Address:
State:
ARTICLE 10 - BID SUBMITIAL
10.01 This Bid is submitted by:
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00410-6
OSHKOSHFI-82859
An Individual:
A Partnership:
A Corporation:
.,
By (Written)
(Typed)
doing business as
(Individual's Name)
(Firm Name)
Business address:
Phone No.:
By
(FIrm Name)
By (Written)
(Typed)
Business address:.
(General Partner)
Phone No.:
By
(Corporation Name)
(State of Incorporation)
By (Written)
(Typed)
(Title)
(Name of Person Authorized to Sign)
(Corporate Seal)
Attest (Written)
(Typed)
Business address:
(Secretary)
Phone No.:
A Joint Venture: By (Written)
(Typed)
(Name)
(Address)
By (Written)
(Typed)
(Name)
(Address)
Phone number and address for receipt of official communications:
(Eachjoint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint
venture should be in the manner indicated above).
00410-7
OSHKOSHFI-82859
Sworn and subscribed to before me this
day of ,20
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Notary or other officer authorized to administer oaths
My commission expires:
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(Bidders shall not add any conditions or qualifying statements to this Bid as otherwise the Bid may 'be declared irregular as being
not responsive to the advertisement. BIDDERS SHALL USE THIS BID FORM IN SUBMITTING THEIR BIDS.)
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00410-8
OSHKOSHFI-82859
State of Wisconsin
Department of Workforce Development
Equal Rights Division
Labor Standards Bureau
Disclosure of Ownership
Notice required under Section 15.04(1 )(m), Wisconsin Statutes. The statutory authority for the use of this form is prescribed in
Sections 66.0903(12)(d) and 103.49(7)(d), Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to
complete this form is prescribed in Section 103.005(12), Wisconsin Statutes. Personal information you provide may be used for
secondary purposes
(1) On the date a contractor submits a bid to or completes negotiations with a state agency or local governmental unit, pn a
project subject to Section 66.0903 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency or
local governmental unit the name of any "other construction business", which the contractor, or a shareholder, officer or
partner of the contractor, owns or has owned within the preceding three (3) years.
(2) The term "other construction business" means any business engaged in the erection, construction, remodeling, repairing,
demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged
in supplying mineral aggregate, or hauling excavated material or spoil as provided by Sections 66.0903(3), 103.49(2) and
103.50(2), Wisconsin Statutes.
(3) This form must ONLY be filed, with the state agency or local governmental unit that will be awarding the contract, if both
(A) and (B) are met
(A) The contractor, or a shareholder, officer or partner of the contractor:
(1) Owns at least a 25% interest in the "other construction business", indicated below, on the date the contractor
submits a bid or completes negotiations.
(2) Or has owned at least a 25% interest in the "other construction business" at any time within the preceding three
(3) years. .
(B) The Wisconsin Department of Workforce Development (DWD) has determined that the "other construction business"
has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay, for hours
worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years.
Other Construction Business
Name of Business
Street Address or POBox I City I State I Zip Code
Name of Business
Street Address or POBox I City I State T Zip Code
Name of Business
Street Address or POBox I City .1 State I Zip Code
Name of Business
Street Address or POBox I City I State I Zip Code
I hereby state under penalty of perjury that the information, contained in this document, istrue and
accurate accordina to mv knowledae and belief.
Print the Name of Authorized Officer
Signature of Authorized Officer I Date Signed
Name of Corporation, Partnership or Sole Proprietorship
Street Address I City I State I Zip Code
ERD-7777 (R. 09/2003)
If you have any questions call (608) 266-0028
00410-9
PENAL SUM FORM
BID BOND
Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and AdØress):
SURETY (Name and Address of Principal Place of BUsiness):
OWNER (Narneårid Address):
BID
Bid Due Date:
Project (Brief Description Including Location):
BOND
Bond Number:
Date (Not later than Bid due date):
Penal sum
(Words)
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or repres-entative.
BIDDER
SURETY
(Seal
)
(Seal)
Surety'sNarnè and Còr¡)oratèSeal .
Bidder's Name and Corporate Seal
By:
Signature and Title
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
Attest:
Signature and Title
Note: Above addresses are to be used for giving required notice.
00430-1
OSHKOSHFI-82859
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder the penal sum set forth on the face of this Bond.
Payment of the penal sum is the extent of Surety's liability.
2. Default of Bidder shall occur upon the failure of Bidder
to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by Owner) the. executed Agreement required by the
Bidding Documents and any performance and payment
bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1. Owner accepts Bidder's Bid and Bidder delivers
within the time required by the Bidding
Documents (or any extension thereof agreed to in
writing by Owner) the executed Agreement
required by the Bidding Documents and any
performance and payment bonds required by the
Bidding Documents, or
3.2. All Bids are rejected by Owner, or
3.3. Owner fails to issue a Notice of Award to Bidder
within the time specified in the Bidding
Documents (or any extension thereof agreed to in
writing by Bidder and, if applicable, consented to
by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon
default by Bidder and within 30 calendar days after receipt
by Bidder and Surety of written notice of default from
Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
5. Surety waives notice of any and all defenses based on
or arising out of any time extension to issue Notice of
Award agreed to in writing by Owner and Bidder,
provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed 120
days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default required
in Paragraph 4 above is received by Bidder and Surety and
in no case later than one year after Bid due date.
00430-2
PENAL SUM FORM
7. Any suit or action under this Bond shall be commenced
only in a court of competent jurisdiction located in the slate
in which the Project is located.
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8. Notices required hereunder shall be in writing and sent
to Bidder and Surety at their respective addresses shown on
the face of this Bond. Such notices may be sent by
personal delivery, commercial courier, or by United Slates
Registered or Certified Mail, return receipt requested,
postage pre-paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be atlached to this Bond a current
and effective Power of Attorney evidencing the authority of
the officer, agent, or represenlative who executed this Bond
on behalf of Surety to execute, seal, and deliver such Bond
and bind the Surety thereby.
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10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement qf any
applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at
length. If any provision of this Bond conflicts with any
applicable statute, then the provision of said slatute shall
govern and the remainder of this Bond that is not in
conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or
proposal as applicable.
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OSHKOSHFI-82859
AGREEMENT
OSHKOSHFI-82859
AGREEMENT
THIS AGREEMENT is dated as of the ---2L day of
July
in the year 2092- by and between
Citvof Oshkosh, Wisconsin
and Butevn-Peterson Const. Co.. Inc.. Sheboygan, Wisconsin
(OWNER)
. (CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein; agree as follows:
ARTICLE 1 - WORK
1.01. CONTRACTOR shall complete aUWork as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Construction of approximately 4,000 lin ft of drainage channel. sedimentation/detention pond, various stonn sewer and culvert
segments and appurtenant work.
ARTICLE 2 - PROJECT
2.01. The Project for which the Work under the Contract Documents maybe the whole or only a part of is generally
described as follows: '
Anchorage Basin Drainage Improvements
Contract 05-01
for the
. City of Oshkosh, Wisconsin
ARTICLE 3 - ENGINEER
3.01. The Project has been designed by Earth Tech Inc. (ENGINEER) who is to act as OWNER's representative.
assume all duties and, responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones. if any, Substantial Completion, and completion and readiness for [mal
payment as stated in the Contract Documents are ofthe essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed ón or before May 15, 2006, and completed and ready for [mal
payment in accordance with Paragraph 14.07 of the General Conditions on or before June 1,2006.
4.03. Liquidated Damages
A. 'CONT,RA CTO R and OWNER, rt<Çognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions
thereof allowed in accordance with Artiçle 1.2 or the General Conditions. The parties also recognize the delays, expense,
and difficulties involved in proving ina legal or arbitration proceeding the actual loss suffered by OWNER if the Work is
not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
00520-1
OSHKOSHFI-82859
liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,110 for each day that expires
after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete.
B. In addition to liquidated damages set forth above, CONTRACTOR shall be liable for all additional costs for
ENGINEER's services beyond substantial and final completion dates. OWNER will deduct these costs from any monies
due or that may become due CONTRACTOR or Surety and pay ENGINEER for said services.
4.04. Pennitting CONTRACTOR or Suretý to continue andfmish the Work or any part of the Work after the times
specified for completion, or after the date to which the times for completion may have been extended, shall in no way
operate as a waiver on the part of OWNER of its rights under the Contract.
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ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for the completion of the Work in accord~ce with the Contract Documents
an amount in CUITent funds equal to the sum of the established unit price for each separately identified item of Unit Price
Work times the estimated quantity of that item as indicated in the 'Unit Price Schedule as completed in the
CONTRACTOR's Bid Form, attached hereto as Exhibit A.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and detenninations of
actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General
Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing o/Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Articlei40f the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
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6.02 Progress Payments; Retainage
A. OWNER shall make monthly progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment each month during perfOlmance of the Work as provided below. All
progress payments will be measured by the schedule of values established as provided in paragraph 2.07.A of the General
Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as
ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages, in
accordance wíth paragraph 14.02 of the General Conditions:
:'1)
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a. 95% of the Work completed (with the balance being retainage) until 50% of Work has been
completed. Remaining progress payments shall be in an amount equal to 100% of Work completed.
Payments shall be made unless the ENGINEER certifies that the job is not proceeding satisfactorily. At
50% completion or any time thereafter when progress of the Work is not satisfactory, additional amounts
may be retained but in no event shall the total retainage be more than 10%' of the Work completed.
2. Upon Substantial Completion; the amount retained may be reduced. Whèn the Work has been
,Substantially Completed, OWNER may make additional payments, less such amounts as Engineer shall detennine
in accordance with Paragraph 14.02.B.5 of the General Conditions and less an amount sufficient to cover the
ENGINEER's estimated value of the work to be completed or coITected as shown on the tentative list of items to be
completed or coITected attached to the certificate of Substantial Completion.
00520-2
OSHKOSHFI-82859
6.03 Final Payment
A. Upon fmal completion and acceptance of the Work in accordance with Paragraph 14.07 of the General
Conditions, OWNER shall pay the remainder of the Contract Price âs recommended by ENGINEER as provided in said
Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 oftlîe General Conditions. shall bear interest âf the
maximum rate allowed by law at the place of the Project.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.0 I In order to induce OWNER to enter into this Agreement CONTRACTOR ll1akesthe following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfiêdas to all federal, state, and local Laws and Regulations that
may affect cost, progress, and perfonnance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface orsubsurface structures at
or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as
provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazaiêlous Environmental
Condition, if any, at the Site which has been identified in. the Supplementary Conditions as provided in paragraph 4.06 of
the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibiliÌyfor having done so) all such
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, prOgress, or
perfonnance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by CONTRACTOR, including any specific means, methodS, t¿chñì'lûes, sequences, and
procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident
thereto. .
F. CONTRACTOR does not consider that any further examinations; investigations, explorations, tests, studies, or
data are necessary for the perfonnance of the Work at the Contract Price, within the Contract Times, and in accordance
with the other tenus and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be perfonned by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has coITelated the infonnation known to CONTRACTOR, infonnation and observations,
obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all . additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, eITors, ambiguities or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
00520-3
OSHKOSHFI-82859
J. The Contract Documents are generally sufficient to indicate and convey understanding of all tenus and
conditions for performance and furnishing of the Work.
K. In connection with the performance of Work under this Contract, CONTRACTOR agrees not to discriminate
against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition
or developmental disability as dermed in s. 51.01(5), Wisconsin Statutes or national origin. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or tennination; rates of payor other forms of compensation; and selection for training including
apprenticeship. CONTRACTOR further agrees to take affirmative action to ensure equal employment opportunities for
persons with disabilities. CONTRACTOR agrees to post in conspicuous places, availablefor employees and applicants
for employment, notices setting forth the provisions of the nondiscrimination clause. Form of notice is included in the
Appendix.
ARTICLE 9 - CONTRACT DOCUMENTS
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9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-6, inclusive).
2. Perfòrmanpe Bond (pages 00610-1 to 00610-2, inclusive
3.
Payment Bonds (pages 00615-1 to 00615-2, inclusive).
4.
General Conditions (pages 00700-1 to 00700-41, inclusive).
5.
Supplementary Conditi6ns(pages 00800~1 to 00800-11, inclusive.)
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6.
Specifications as listed in the General Table of Contents of the Project Manual.
7. Drawings, consisting of a cover sheet and sheets numbered A-79456 through A-79485, inclusive, with
each sheet beating the following general title: Anchorage Basin Drainage Improvements, Contract 05-01 not
attached hereto.
8. Addendanumberl.
9.
Exhibits to this Agreement (enumerated as follows.):
a. .Unit Price. Schedule and SchedllleofSupplemental Prices as completed in CONTRACTOR's Bid,
Exhibit "A".
10. Wage Rates.
II. Appendix Forms and Drawings.
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12. The following which may be delivered or issued after the Effective Date of the Agreement and are not
attached hereto:
a.
b.
c.
Notice to Proceed;
Work Change Directives;
Change Order(s).
B. The documents listed in paragraph 9.0 I.A are attached to this Agreement (except as expressly noted otherwise
above.)
00520-4
OSHKOSHFI-82859
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of
the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01. Tenus
A. Tenus used in this Agreement will have the meanings stated in the General Conditions and the Supplementary
Conditions.
10.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be aSsigned without such consent (except to the extent that the effect
of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. .
10.03. Successor and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to
the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract DocumentS shall be refonned to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
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00520-5
OSHKOSHFI-82859
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have
been signed or identified by OWNER and CONTRACTOR oron their behalf.
This Agreement will be effective on ---40:>+- 4--;# , 20 () is
Agreement).
, (which is the effective Date of the
CONTRACTOR:
Attest:
Address for giving notices:
N7337 Dairvland Drive
Sheboygan.WI 53083
(If CONTRACTOR is a corporation, attach evidence of
authority to sign.)
CONTRACTOR'S License No.
(If required by state or municipal law)
OWNER:
In the Presence óf:
bMl c ~
¡wreJ
lJ~d Co ~
(Si ature)
Address for giving notices:
215 Church Street
P.O. Box 1130
Oshkosh, L WI 54903-1130
(Seal of City)
I hereby certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin,
under the within Contract. ~t" h:o.A..O a ~~
(Comptroller)
(If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidel)ce of
authority to sign and resolution or other documents authorizing execution of Agreement.) ,
Approved as to fonD and execution this -Y- day of ~-. 20 o-s.
~~f-
(City Attorney)
00520-6
OSHKOSHFI-82859
. . " EXH IE IT A"
BID FORM .
PROJECT IDENTIFICATION
Anchorage Basin Drainage Improvements
Contract 05-01
for the .
City of Oshkosh, Wisconsin
PROJECT NUMBER: 82859
ARTICLE 1 - BID RECIPIENT
1.01 This Bid is Submitted to:
City of Oshkosh
Attn: City Manager
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130.
(hereinafter called OWNER)
ARTICLE 2. BIDDER'S ACKNOWLEDGEMENTS
2.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the fonn
included in the Bidding Documents to perfonn all Work as specified or indicated in the Bidding Documents for the prices and
within the times indicated in this Bid and in accordance with the other tenns and conditions of the Bidding Documents.
2.02 Bidder accepts all of the tenns and conditions of the Official Notice to Bidders and Instructions to Bidders, including
without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for the Bid
withdrawal time period specified in the Official Notice to Bidders after the Bid opening, or for such longer period of time that
Bidder may agree to in writing upon request of OWNER.
ARTI CLE 3 - BIDDER REPRESENTATIONS
3.01 In subnútting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding
Documents, and the following Addenda, receipt of which is hereby acknowledged:
Addendum
Date
Addendum
Number
7 /,.êJ'/o S-
o .
B. Bidder has visited the Site and become familiar with and satisfied as to the general, local, and Site conditions that may
affect cost, progress, performance of the Work;
C. Bidder is fanúliar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, perfonnance of the Work. .
D.Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the
Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site
00410-1
OSHKOSHFI-82859
(except Underground Facilities) which have been identified in the Supplementary Conditions paragraph 4.02, (2) reports and
drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions in
paragraph 4.06.
E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including
applying the specific means, methods, techniques, sequences, and procedure of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs incident Ihereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary
for Ihe determination of this Bid for performance of the Work at Ihe price(s) bid and with Ihe time(s) and in accordance wilh oilier
terms and conditions of Ihe Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER and olhers at the Site Ihat relates to the
Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site,
reports and drawings identified in Ihe Bidding Documents, and ~11 additional examinations, investigations, explorations, tests,.
studies, and data with the Bidding Documents.
I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Bidding Documents, and Ihe written resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance of Ihe Work for which the Bid is submitted.
K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later
than the date of its execution of the Agreement.
ARTICLE 4 - FURTHER REPRESENTATIONS
4.01 Bidder further represents that:
A. this Bid is genuine and not made in the interest or on behalf of any undisclosed individual or entity and is not
submitted in confonnity with any agreement or rules of any group, association, organization or corporation;
B.
Bidder has not directly or indirectly induced or solicited any oilier Bidder to submit 'a false or sham Bid,
C.
Bidder has not solicited or induced any individual or entity to refrain from bidding; 'and
D.
Bidder has not sought by collusion to obtain for itself any advantage over any oilier Bidder or over OWNER.
ARTICLE 5 - BASIS OF BID
5.01 Bidder will complete the Work in accordance with Ihe Contract Documents for the fol1owing price(s):
UNIT PRICE SCHEDULE
No.
Estimated Quantity-and Item
Unit Price
Total
Anchorage Channel
1.
Lump sum unclassified excavation, (3,710 lin ft
of drainage channel), compo as spec., per lump sum
$ ~34 ~;).D. e~
00410-2
OSHKOSHFI-82859
17.
18.
19.
20.
21.
22.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
Lump sum channel seeding, compo as spec., per lump sum
1,249 lin ft of 6-in. underdrain, compo as spec., per lin ft
688 lin ft of 30-in. storm sewer, compo as spec., per lin ft
1 ea. 30-in. precast reinforced concrete apron endwall,
compo as spec., per ea
41 lin ft of 36~ìn. storm sewer, compo as spec., per lin ft
1 ea. 36-in. precast reinforced concrete apron endwaIl,
compo as spec., per ea
120 lin ft of 29-in. by 45-in. HE storm sewer,
compo as spec., per lin.ft
. 1 ea 29-in. by 45-in. precast reinforced concrete apron endwaIl,
compo as spec., per ea $
140 lin ft of dual 36-in. culvert, compo as spec., per lin ft
4 ea cast-ill-place concrete end walls for dual
36-in. culvert, compo as spec., per ea
115 Jin ft of triple 36-in. by 58-in. concrete arch
culvert, compo as spec., per Jin ft
1 ea cast-in-place concrete end wall for triple 36-in.
by 58-in. concrete arch pipe culvert,
compo as spec., per ea
14.
. 1 ea cast-in-place concrete endwaJI for triple 36-in.
by 58-in. concrete arch pipe culvert and 29-in. by
45-in. HE culvert, compo as spec., per ea
15.
92 lin ft of 8-in. drain, compo as spec., per lin ft
16.
19 vert ft of 60-in. dia manhole (3 units), compo
as spec., per vert ft
7 vert ft of 96-in. dia manhole (1 unit),
compo as spec., per vert ft
Lump sum construct cast-in-place storm sewer
junction chamber, compo as spec., per lump sum
110 tin ft of 48-in. jacked culvert, compo as spec., per lin ft
2 ea cast-ill-place concrete end wall for quadruple
48-in. culvert, compo as spec., per ea
114Jin ft of dual4-ft by 8-ft precast concrete box
culvert, compo as spec., per Jin ft
Lump sum construct cast-in-place end walls for
dual 4-ft by 8-ft precast concrete box culvert,
compo as spec., per lump sum
00410-3
$ JéJ.. 7~
$ 1 S. 4~
$ 5/4.(p~
$ 85.~
$ 785. 4~
$ 711>.58
$
93:1...71
CftlJ. ¡f
$
;J. I 018.00
$J.SI.t:tð
$ ;;1.{840. ÐO
$ 5,.1 3ø. OD
$ óJ4-.7Q
$ L ;). ð . 1'5
$
(;~a . SIP
$ I, '3 3óL ~ß
q
$ 3/~ '(p. 00
$
7~ l. 71
$ ;).6, í5D. 00
$ I 5 , 8<19. 1?-
$ (ó 7, ~q cr,;Ie:-
$ .s I 4. ~ 3,.--
$ 3148S.o~
$ 78=,. +S'
$ QJ4;;1C¡,{¡,O
$ C¡3a. 11
$ I 3 I '73 C¡. 6,0
$ !!:>, I q;J. . 00
$ 3;t,L( ;17. "10
$
:J. 840, cO
$
5, 13(ó. eX>
~/d76.oS
$
$
....
ð /50.05
.
$ 4, ~ 40 . oé)...
$ (b/ 5(X),oO
$ /~~) 550, fSD
$
ú;,Q3a..OO
$ 8f¿; I 8 34. q1
$ / '-I- , 500. 00
OSHKOSHFI-82859
23.
24.
25.
26.
27.
.ï 28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
1,120 lin ft channel bank toe protection,
compo as spec., per lin ft
133 lin ft of 8-in. sanitary lateral relay, compo
as spec., per lin it.
28 lin ft of 6-in. water main relocation,
compo as spec., per lin ft
46 liD ft of 8-in. water mmn relocation
compo as spe~., per lin ft
67lin ft of 10-in. water main relocation, compo
as spéc., per lin ft
47 in. ft polysterene water main pipe insulation,
. compo as spec., per lin ft
52 lin ft of dual 20-in. force main relocation, compo
0 as spec., per lin ft
Lump sum sewage combination air/vacuum release valve
manhole, compo as spec., per lump sum
550 sq yd heavy rip-rap, compo as spec., per sq yd
44 sq'. yd extra heavy rip-nip, compo as spec. per sq yd
Lump sum removal of railroad rails and ties,
compo as spec., per lump sum
Lump sum removal and replacement of existing 48-in.
apron endwall, compo as spec., per lump sum
.. Lump sum removal of 12-in. culvert at Harrison
Street and Murdock Avenue, compo as spec., per lump sum
Lump sum construct snow melt runoffdiveJsion berm,
compo as spec., per lump SUm
Lump sum allowance for disposal of contaminated
material, compo as spec., per lump sum
Lump sum construct 8-in. orfice at Bowen Street and
Murdock Avenue, compo as spec., per lump sum
E. Murdock Sedimentation/Detention Pond
Lump sum unclassified excavation (sedimentation!
detention pond grading), compo as spec., per lump sum
Lump sum pond seeding, compo as spec., per lump sum
Lump sum pond plantings, com. as spec., per lump sum
106 lin it of 36-in. stonn sewer" compo as spec., per liD ft
00410-4
$ L.J7.SD
$
q O. 40
$ daD. 30
$ éJ.J 5. 00
$ ) 7 éJ.. . 00
$
3~.ðO
$ 1.I~'10,oo
$ ~.3. 33
$ 30. e¡J> .
$ ) () 5 , 00
ðt)
$ 53/;)'00,
$ ¡ d. ¡ D;). 3 . :K;
$ fo) I fø &. Lfo
$ 10,350,00
$ ,() ~ é). 4. CTO
$ /.1 &, q;J.. . ðO
. cO
$ (ð 7/ oßo.
$ ~ I . 1300 , GJO
$} ;;¿ I 83 l. $0
$ /, 3~O. t:j:J-
$
1.3,89&>,50
,
$
) J 3QO. o(!)
$
él 00. /)é.>
$ 4.1 704.. 5ø
$ 150,000.00
$
850. ðO
$ J 17, ;;, sa. ðo
$ ;;'5,:575. çO
$ J 7 500. Ot)
}
$ J I, J 3 0, eo
OSHKOSHFI-82859
45.
46.
47.
48.
49.
50.
51.
43.
1 ea 36-in. precast reinforced concrete apron endwaU,
compo as spec., per ea
$ 785. 45"
$ ~8.o0
$ L.f7~. 3'1
$ ~ ;l O. 00
$ 340. ðO
$ 4 50. 00
$
J 8. qS
$ '1.85. 45
$ .3 / 3 Lf S. 00
$
47;;1..3'1
44.
4611in ft. of 24-in. storm sewer, compo as spec., per lin ft
$ ;¿ ,4d.0. <,0
.
$
3,0100.00
1 ea 24-in. precast reinforced concrete apron endwall,
compo as spec., per ea
11 vert it of 48-in. dia manhole (l unit),
compo as spec., per vert ft
9 vert ft of 6O-in. dia manhole (1 unit)
compo as spec., per vert ft .
11 vert ft of 72-in. dia manhole (I unit)
compo as spec., per vert ft
Lump sum construct cast-in-place pond inlet
junction chamber, compo as spec., per lump sum
Lump sum construct cast-in-place pond outlet structure,
including 12-in. inlet pipe, orifice plate, metal grating,
and anti-seep collars, compo as spec., per lump sum
53 sq yd medium riprap, compo as spec., per sq yd
$ 4, q 50. co
$ J. 8, 747.°0
$
I () Soo. CO
I J :005. '14
$
BID PRICE (Summation of Bid Items) Óf\e... r'c\.ilI, on , F<w.v .~~ N~ - thr.ee.
(dollars - written) .
Tho\}.~~d ( ð~ ~W~_e(4ht ~d 'y,oo DO(\ð..V5 ($ L Ljq 3. I ~ 5 . ¿¡I
....~ . . (figures)
)
Unit Prices have been computed in accordance with paragraph 11.03 of the General Conditions.
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids,
and final payment for all Unit Prke Bid items will be based on actual quantities provided, detennined as provided in the
Contract Documents.
5.02 SCHEDULE OF SUPPLEMENTAL UNIT PRICES
If the required quantities of the items included in the Unit Price Schedule listed below are increased or decreased by
Change Order, Bidder shall indicate the unit prices for adjusting quantities to apply to such increased or decreased
quantities. Bidder has computed unit prke(s) as provided in Paragraph I 1.03.B of the General Conditions.
Shealhing and bracing ordered, left in
place (close sheathing), per 1,000 bd. ft.
Shealhing and bracing ordered, left in
place (spot sheatrung) per 1,000 bd. ft.
Rock excavation (less than 10 cu. yd.),
machine removal, as specified, per cu. yd.
Rock excavation (less than 10 cu. yd.),
blasting removal, as specified, per cu. yd.
00410-5
J d., OCO. cO
$ per 1 ,000 bd. ft.
IJ./COð. CO
$ per 1,000 bd. ft.
/ I SCO. 00
$ per cu. yd.
1/ 500. cO
$ per cu. yd.
OSHKOSHFI-82859
Granular backfill (for extra or credit)
as ordered (in place), per cu. yd.
$ ó! C¡. 8~ per cu. yd.
3~. "]0
$ per cu. yd.
Crushed stone (for unstable trench bottom)
as ordered (in place), per cu. yd.
Adjustment prices are subject to acceptance by OWNER, and rejection of one or more adjustment prices will not invalidate
acceptance of this Bid. .
ARTICLE 6 - TIME OF COMPLETION
. 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance
with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the
Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within
the Contract Times.
ARTICLE 7 -ATTACHMENTS TO THIS BID
7.01 The following documents are attached to and made a condition of this Bid:
A Required Bid Security in the form of
B)-d. fJord
(Çertified Check or Bid Bond)
0. \'Y\0tu'\ t bid.
(Dollars or Percent)
in the amount of
50-¡ 0
of
B. Disclosure of Ownership form (attached). .
ARTICLE 8 - DEFINED TERMS
8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General
Conditions, and the Supplementary Conditions.
ARTICLE 9 - COMMUNICATIONS
9.01 Communications concerning this Bid shall be addressed to the Bidder as indicated below:
Name: ~n - Pe. tev:sOY\ CÐV\st. CÐ.) .:tV\c... . .
Address: N?337 .Do.irtJð..V\e1 D"'UUl :Ç~e..bDl)~
State: tùl$C-ÐYI$ .V) 53083
CJéW - S ~ 5 - &, J..,.øo
Telèphone No.:
ARTICLE 10.,. BID SUBMITTAL
10.01 This Bid is submitted by:
00410-6
OSHKOSHFI-82859
An Individual:
By (Written)
(Typed)
doing business as
(Individual's Name)
(Firm Name)
Business address:
Phone No.:
A Partnership: By
By (Written)
(Typed)
Business address:
Phone No.:
A Corporation: By
(Finn Name)
(General Partner)
.DA~.
(Secretary)
]) In' u.e~
'5 3 ð8 3
Phone No.:
9c2Ð - 5~ S - &> .;l, ðQ
A Joint Venture: By (Written)
(Typed)
(Name)
(Address)
By (Written)
(Typed)
(Name)
(Address)
Phone number and address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint
venture should be in the manner indicated above).
00410-7
OSHKOSHFI-82859
Sworn and subscribed to before me this
\q--Lti dayof-.J~1~ , 20D~
Notary or other officer authorized to administef oaths
My commission expires: f\.Nt\I....~.:¿ I)~ b
.
(Bidders shall notadd any conditions or qualifying statements to tills Bid as otherwise the Bid may be declared irregular as being
not responsive to the advertisement. BIDDERS SHALL USE THIS:am FORM IN Sü:aMI'rfINOTHEIR BIDS.)
00410-8
OSHKOSHFI-82859
State of Wisconsin
Department of Workforce Development
Equal Rights Division
Labor Standards Bureau
Disclosure of Ownership
Notice required under Section 15.04(1 )(m), Wisconsin Statutes. The statutory authority for the use of this form is prescribed in
Sections 66.0903(12)(d) and 1 03.49(7)(d), Wisconsin Statutes. The use of this form is mandatory. The penalty for failing to
complete this form is prescribed in Section 103.005(12), Wisconsin Statutes. Personal information you provide may be used for
seconda purposes .
(1) On the date a contractor submits a bid to or completes negotiations with a state agency or local governmental unit, on a
project subject to Section 66.0903 or 103.49, Wisconsin Statutes, the contractor shall disclose to such state agency or
local governmental unit the name of any .other construction business", which the contractor, or a shareholder, officer or
partner of the contractor, owns or has owned within the preceding three (3) years.
(2) The term "other construction business" means any business engaged in the erection, construction, remodeling, repairing,
demolition, altering or painting and decorating of buildings, structures or facilities. It also means any business engaged
in supplying mineral aggregate, or hauling excavated material. or spoil as provided by Sections 66.0903(3}, 103.49(2) and
103.50(2), Wisconsin Statutes.
(3) This form must ONLY be filed, with the state agency or local govemmental unit that will be awarding the contract, if both
(A) and (8) are met
(A) The contractor, or a shareholder, officer or partner of the contractor:
(1) Owns at least a 25% interest in the "other construction business", indicated below, on the date the contractor
submits a bid or completes negotiations. .
(2) Or has owned at least a 25% interest in the "other construction business" at any time within the preceding three
(3) years.
(B) The Wisconsin Department of Workforce Development (DWD) has determined that the "other construction business"
has failed to pay the prevailing wage rate or time and one-half the required hourly basic rate of pay. for hours .
worked in excess of the prevailing hours of labor, to any employee at any time within the preceding three (3) years.
Other Construction Business
Name of Business
-,.JoV\~ -
Street Address or POBox
City
Zip Code
Name of Business
Street Address or POBox
City
Zip Code
Name of Business
Street Address or POBox
City
Zip Code
Name of Business
Street Address or POBox
Zip Code
200 5"
ERO-???? (R. 09/2003)
ay¡
If you have any questions call (608) 266-0028
Zip Code
53 C>ð3
00410-9
~I)/JU/~U.U~ flJ:.l) ~/j:JI I'JU. "I~~ "/4/j 4~;}V
J rJ:.IJ:.K~UN ~UN~ IN~
~UUl
"
SPECIAL MEETING OF THE BOAR)) OF DlRæTORS OF
JAMES PETERSON SONS, INC., HELD APRJL 16, 1999
A special meeting of the Board of Directors ofJwnes Peterson Sons, Inc" was held at the
office of1hc Corporation in the Town of Littlo Black. Wisoonsin, on April 16. 1999 at 8:00
AM, pursuant to the following waiver of notice: .
We, the undersigned. being all of the Directors of James Peterson Sons, Ine., do hcrc:by
. waiver notice' of the speoial meeting of Direcun to be hc1d at the Corporation Office on
Apri116. 1999 at 8:00 AM, We consent to the holding of said meeting and (0 the tnmsaction
of any and aU ôusincs..~ that may Cl>me before the meeting..
~~~
~c?~
. James R. Peterson.
The meeting was called to order by John M. Peterson. Pre$ident.
The foJlowing Resolution was unanimously¡Wopted upon a motion duly made and seconded:
WHEREAS, the President and/or Vice-President are not always available to sign bidding
documents on behalf of the corporation.
BE IT RESOLVED, Timothy T. Peterson Or JefiTey J. Peterson have thé authority to sign
bids on behalf of James Peterson SODS, Inc. or its whoJJy owned subsidiary Buteyn-Pctcison
Construction Co., Inc.; and Jon 1. Kleist has the authority to sign bids on behalf of Buteyn-
Petersoñ Construction Co., IDe,
Tho m~~ing was adjomned:
~~
ames R Peterson, SecretaIy
APPROVED:
~~~
John, Peterson, President
PERFORMANCE AND PAYMENT
BOND FORMS
OSHKOSHFI-82859
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
.. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
Buteyn-Peterson Construction Co., Inc. Liberty Mutual Insurance Company
N7337 Dairyland Drive, Sheboygan WI 53083 450 Plymouth Road, Suite 400
OWNER (Name and Address): Plymouth Meeting PA 19462'-1644
City of Oshkosh
215 Church Street
Oshkosh WI 54903-1130
CONTRACT
Date: July 26, 2005
Amount: One million four hundred ninety-three thousand one hundred eighty-eight and 41/100
Description (Name and Location): .. ($ i, 493,188.41)
Anchorage Basin Drainage Improvements Contract No 05-01
City of Oshkosh, WI
. >
;!
BOND
BondNumber: 354-019-379
Date (Not earlier than Contract Date): July
Amount: One million four hundred
Modifications to tfiis Bond Fo11Il: n/B.
28, 2005
nípet:y-t:hree thousand one hundred eighty-eigh;i:.:àii\i'4fll'OO .
(;$1~493~ 1åâ. 41:)
c."..'
.. ^ .
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side here0f,.iíü€b'àcl1:cause this
Performance Bond to be duly e~ecuted on its behalf byits authorized officer, agent. or representative. ." ".' . ..
. ..
SURETY
Co., Inc,
(Seal)
Liberty Mutual Insura~~e
Surety's Name and orporate Seal
(Seal)
btì ~. \-í I.e.i.s+
~5 CJ'\+ /6en~(tì.' f1ôr.
By:
Signature and tle Kaínmi Kor
(Attach Power of Attorney)
(Spacè is provided below for signatures of additional parties,
if required.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature:
Name and Title:
. (Seal)
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title"
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No, C.610 (2002 Edition)
00610-1
OSHKOSHFI-82859
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner for the performance of
the Contract, which is incorporated herein by reference.
2. If Contractor performs the Contract, Surety and Contractor have no obligation
under this Bond, except to participate in conferences as provided in Paragraph 3.1.
3. If there is no Owner Default, Surety's obligation under this Bond shall arise after:
3.1.
Owner has notified Contractor and Surety, at the addresses described in
Paragraph 10 below, that Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with
Contractor and Surety to be held not later than 15 days after receipt of
such notice to discuss methods of performing the Contract. If Owner,
Contractor and Surety agree, Contractor shall be allowed a reasonable
time to perform the Contract, but such an agreement shall not waive
Owner's right, if any, subsequently to declare a Contractor Default; and
Owner has declared a. Contractor Default and: formally terminated
Contractor's right to Complete the Contract. Such Contractor Default shall
not be declared earlier than 20 days after Contractor and Surety have
received notice as provided in Paragraph J~ 1; and
Owner has agreed to pay the Balance of the Contract Price to:
3.2.
3.3.
1.
2.
Surety in accordance with the terms of the Contract;
Another contractor selected pursuant to Paragraph 4.3 to perform
the Contract. .
4, , Wh~n,~'l't~ s¡ltisfied the conditions of Paragraph 3, Surety shall promptly
. ~aiid atSÌitety~:~~setake one of the following actÎons:
4.1.
Arrange: for Contractor, with consent of Owner, to perform and complete
:~ çoitJt!i,ét;or
Unde.rtâke to perform and complete the Contract itself, through its agents
or through independent contractors; or
4.2.
4.3.
Obtain bids or negotiated proposals from qualified contractòrs acceptable
to Owner for a' contract for perfonnance and completion of the Contract,
arrange for a contract to be prepared for execution by Owner and
Contractor selected with Owner's concurrence, to. be secured with
performance and payment. bonds executed by a qualified surety
equivalent to the bonds issued on the Contract, and pay to Owner the
arIIIJt1I1t of damages as deScribed in Paragraph 6 in excess of the Balance
of the Contract Price incucred by Ownefi'esulting-from Contractor
~faùlt~or .
Waive its right to perfonn and complete, arrange for completion, or
Qbtain a new. contractor and with reasonable 'promptness under the
circumstànces:
4.4.
1.
After invesrlgatÎon, determine the amount for which it may be liable
to Owner and, as soon as practicable after the amount is
determined, tender payment therefor to Owner; or
Deny liability in whole or in part and notify Owner citing reasons
therefor.
2.
5. If Surety does not proceed as provided in Paragraph. 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of an additional written notÎce from Owner to Surety demanding that Surety
perfonn its obligations under this Bond, and Owner shall be entitled to enforce any
remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
part, without further notice Owner shall be entitled to enforce any remedy available to
Owner.
6. After Owner has terminated Contractor's right to complete the Contràct, and if Surety elects to
<!Ct under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shan not
be greater than those of Contractor under the Contract, and the responsibilities of Owner to
Surety shan not be greater than those of Owner under the Contract To a limit of the amount of
this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation
of costs and damages on the Contract, Surety is obligated witboUtduplication for.
6.1.
The responsibilities of Contractor for correction of defective Work
3I\d completion of the Contract;
6.2.
. .
Additional legal, design professional, and delay costs resulting from
Contractor's Default, and resulting from the actions or failure to act
of Surety under Paragraph 4; and .
6.3.
Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor..
7. Surety shðn not be liable to Owner or otherS for obligations of Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity othér than Owner or its
heirs, executors, administrators, or successors. .
8. Surety hereby waives notice of any chaitge, includingcbanges of time, to
Contract or to related subcontracts, purchase orders, and other obligations.
9, Any proceeding, legal or equi~le, under this Bond may be instituted in any
court of competent jurisdictiOÌl in the location in whichthe WQrk or part of the
Work is located and shall be institUted within two yeaès after Contractor Defanlt
or within two years after Contractor ceased worldng or within two years after
Surety refuses or fails to perform its obligations under this Bond, whichever
occurs first. lfthe provisions of this paragraph are void or prohibited by law, the
minimum period ofliIIÚtation availåble to sureties as a defense in the jurisdiction
of the suit shall be applicable. .
10. Notice to Surety, Owner, or Contractor shall be maiied or delivered to. the
address shown on the signa~re page.
-',
,
11. When this Bond has been furnished tocómply with 8 statUtory
requirement in the location wb.ere the Contract was to be perfonned, any
provision in this Bond conflicting with said statUtory requirement shall be
deemed deleted herefrom and. provisiòllS confonning to such statutory
requirement shall be cÏeeíneìt incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a common law
bond.
. 12. Definitions.
12.1
Balance of the Contract Price: The total amount payable by Owner to
Contractor under the Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or
to be received by Owner in settlement of insurance o.r other Claims
for damages to which Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of Contractor under the
Contract..
12.2. Contract: The agreement between Owner and contractor identified
on the signature page, including all Contract Documents and changes
thereto. .'
12.3. Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the
terms of the Contract.
12.4. Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other terms thereof
FOR INFORMATION ONLY.,... Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative (engineer or other party):
00610-2
OSHKOSHFI-82859
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be con~idered plural where applicable.
!
CONTRACTOR (Name and Address):
Buteyn-peterson Construction -Co"
N337 Dairyland Drive, Shebogan WI
OWNER (Name and Address):
City of Oshkosh
215 Chtirch Street, Oshkosh'Wl:54903':":1l30'
CONTRACT .
Dare: July 26, 2005
Amount: One million four
Description (Name and Location):
Anchorage Basin Drainage
City of Oshkosh
BOND"
Bond Number: 354-019-379
. Date (Not earlier than Contract Dare): July 28, 2005
Amoum: One million four hundred ninety-three
Modificati()ns to this Bom!. Form: n/ a
SURETY (Name and Address of Principal Place of Business):
Inc. Liberty Mutual Insurance Company
53083 450 Plymouth Road, Suite 400
Plymouth Meeting PA 19462....1644
hundred ninety-three thousand one hundred eighty-eight and 41/10.0
($1,493.188,.41)
Imprpvêmênts Contract 05-01
thousand one hundred eighty-eight and 41/100
($1,493,188,41)
Surety' and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment
Bond to be duly executed on itS behalf by itS authorized omêer, agent, or representative. . . . . . . . .
CONTRACfOR AS PRIN
Company: .
SURETY
Cô" Inc.
r\ . ¥\Iei.s+
en4- I Grc:.n c ro.l rì1s r.
Liberty Mutual Insurance. Company. (Seal)
Swety', N""" "'" Co¡pornre Seo1~' .. ., ..
By: £JIJ1t~' . . . d~/;;dJ.
S;"""ture~.,..,.;, . Ko,d" >\.ttorniîy-i'¡':';Fact
(AttaCb Power of Attorney),. '" ..
(Space is provided below for signatures of additional. paities, if
required,) .
~.
CONTRACTOR ÁSPRINCIPAL"
Company: .
SURETY
Signature:
Name and Tide:
(Seal)
(Seal)
Surety's Name and Corporate Seal
By: .
Signature and Title
(AttachPowerofAttorne~
Attest:
Signature and Title:
EJCDC No. C-615 (2002 Edition) . .
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract DôèumentS Cômmittee; the AssOCiated Cènênil
Contractors of America, the American Institute of. Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00615-1
OSHKOSHFI -82859
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the perfonnance of the
Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2.
Defends, indemnifies, .and holds hannJess Owner from all claims,
demands, liens, or snits alleging non-payment by Contractor by any person
or entity who furnished labor, materials, or equipment for use in the
perfonnan~ of the Contract, provided Owner haS' promptly notified
Contractor and Surety (at the addresses described in Paragraph 12) of any
claims, demands, liens, or suits and tendered defense of such claims,
demands, liens, or suits to Contractor and Surety, and provided there is no
Owner Default.
3. . With respect to Claimants, this obligation shall be null and. void if Contractor
promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Oaimants under this Bond until:
4.1.
Claimants who are employed by or have a direct contract with Contractor
have given notice to Surety (at the addresses described in Paragraph 12)
and sent. a copy, or notice thereof, to Owner, stating that a claim is being
made under. this Bond and, with substantial accuracy, the amount of the
claim.
4.2.
. .
Oaimants' who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy,
or notice thereof, to Owner, within 90 days after having last perfonned
labor or . last furnished materials or equipment included in the claim'
stating, with substantial accuracy, the amount of the claim and the name
of the party to whom the materials or equipment were fumishedor
supplied, orf6r whom ilÍe labOr 'was done of perfonni:<¡; and
2. Have e:i#ler received a rejection in whole or in part from
Contractor, 'Gr'n$t received within 30 days of furnishing the above
notiœ any çømmuniciwon from Cói1tractor'by which Contractor had
indicated the claim will be paid directly or indirectly; and'
3. Not having been paid within thA above 30 days, have sent a
writtennoticeto Surety and sent a copy, or notice thereof, to Owner,
stating thafãclailll is beingri1åi:le under this Bolld andelíclosing a copy
of the previous written notice furnished to Contractor.
5. If a notice bý a Claimant required by Paragraph 4 is provided by Owner to
Contractor or to Surety, that is sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall
promptly and at Surety's expense take the following actions:
6.1.
Send an answer to that Claimant, with a copy to Owner, within 45 days
after receipt of the claim, stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2.
Payor arrange fot payment of any undisputed amounts.
7. Surety's total obligation shall not exceed the amount of this Bond, and the amount
of this Bond shall be credited for any payments made in good faith by Surety.
g.. Amounts owed by Owner to Contractor under the Contract shall be used for the
perfonnance of the Contract and to satisfy claims, if any, under any perfonnance
bond. By Contractor furnishing and Owner accepting this Bond, they agree that all
funds earned by Contractor in the perfonnance of the Contract àre dedicated to satisfy
obligations of Contractor and Surety under this Bond, subject to Owner's priority to
use the funds for the completion of the Work.
9. Surety shall not be liable to Owner, Claimants, or others. for obligations of
Contractor that are unrelated. to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have'under this Bond no obligations to make payment!! to, give notices on behalf
of, or otherwise have obligations to Claimants under this B()nd. .
\
10. Surety hereby waives notice of any change, including changes of time, to the
Contract or to related SubcontractS, purchase orderS and other obligations.
"'
11. No suit or action shall be commenced by a Claimant under this Bond other than
in acoUIt of competent jurisdiction in the location ill which the Work or part of the
. Work is located or after the expiration of one year from the date (1) on which the
Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, ()r (1) on
which the last labor or service was perfonned by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of
(1) or (2) fIrSt occurs. If the provisions of this paragraph are void or prolùbited by
law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the snit shallbe applicable.
. .
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to' the
addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or
Contractor, however accomplished, shall be sufficient compliance as of the date
received .at the address shown on the signature, page.' .
..,
>.
13. When this Bond has been furnished to comply with a.statutory requirement in the
location where the Contract ",as to be perfôimed, any provision in this BOnd
conflicting with said ~tutory requirement shall ~ßeemed deletedherefrom and
provisions confonning to such statutory requirement shall be deemed incorporated
herein. The intent is that this B.on4 shall be construed as a statutory Bond and not as
a common law bond. .
'¡
14. Upon request of any person (lr entity appearing to be a potential beneficiary of
this Bond, Contractor shall prómptly furnish a cOpy of iÍ1is Bond or shall pennit a
copy to be made.
15. DEFINITIONS
15.1.
Claimant: An individual or entity having a direct contract with Contractor,
or with a first-tier subcontractor of Contractor, to furnish labor, materials,
or equipment for use in the perfonnance of the Contract. The intent of this
Bond shall be to include without limitation in the tenDS "labor, materials or
equipment" that part of water, gas, power, light, heát, oil, gasoline,
telephone service, or rental equipment used in the Contract; àrëhitectural
and engineering services required for performance of the Work of
Contractor and Contractor's Subcontractors, and all other iterns forwliich a
mechanic's lien may be asserted in the jurisdiction where the labor,
materials, or equipment were furnished.
'j
15.2. Contract: The agreement betWeen Owner and Contractor identified on the
signature page, including all Contract Documents and changes thereto.
15.3. Owner Default:.Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contract or to perfonn and
complete or comply with the other tenus thereof. .
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative (engineer or other party):
00615-2
OSHKOSHFI-82859
Notarial Acknowledgement - Attorney in Fact
STATE OF Wisconsin
County of
Marathon
}
S.S.
On this
28th
day of
July
2005
, before me,
Renee A. Kolpacki
a Notary Public in and for said
Marathon
County, State aforesaid, residing therein, duly
commissioned and sworn, personally appeared
Kammi Kordus
know to me to be the person whose name is subscribed to the within instrument as the attorney in fact of
Liberty Mutual Insurance Company
and acknowledged to me that he subscribed the name of Liberty Mutual Insurance Company thereto as surety, and his
own as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in said county of
.~ .' the day and yew:. in this certificate first above written.
11- ~ cuJcì
Notary Public in and for the county of Marathon
Marathon
State of
Wisconsin
My commission expires
July 12.2009
SCOO 11
01-92
Liberty Mutual Surety Bond Number 354-019-379
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
11/15/04
GENERAL
CONDITIONS
OSHKOSHFI-82859
This document has important legal consequences; consultation with an attorney is encouráged with respect to its u~ or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the .
Controlling Law,- -
STANDARD
GENERAL COND ITI ONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMI'ITEE
and
Issued and Published Jointly By
Nat;onêllSøciêtyof
Professional Engineers
-- professIonal EïlglnÎHIisi l,fPìMièPratllCe
JlSCII! American Society
~ .. of Civil Engineers
ACEC
AM"""'" CoUNCIL O. EH<a-G CoM..!"",
PROFESSIONAL E~9INEJ::RS ~PRlV ATE PRACTICE
a practice divisiàfl of the
NA TIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
-
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The Àssoêiated General Contractors-of America
~ Knowtedge tor Creating
- ~ - end SusIaÜ1ing
the BuIlt Environment
Construction Specifications Institute
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for -tiCDC,.. ÂII rightS reserved,
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Copyright <02002
National Society of Professional EngineerS
1420 King SJreet, Alex¡J,Ildria. VA 22314
American Council of Engineering COD1pwes
1015 15th SJreet, N.W., Washfu.gt()l1, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
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These General Conditions have been prepared for use with the Suggested FOnDS of Agreement Between Owner and
Contråctor Nos. C-520 or C-525 (2002 Editions). Their provisions are inten-elated and a change in one may necessitate a
change in .the other. Comments concerning. their usage are contained in the EJCDC Construction Documents, General and
Instructions (No. C-OO1) (2002 Edition). For guidance In the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
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EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright e 2002 National Society of Professional Engineers for EJCOC. A1Ì rights reserved.
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TABLE OF CONTENTS
Patæ:e'
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ....................................,.................,...........................................,..,........6
1.01 Defined Terms ..... ..............................................................................~.....................................~..........~.... ..... ... .........6
1,02 Terminology,. ......,...... .................... ........... ............,..,... ....:. ,......". ......,.. ..... .......... ,........".:..... ......,................."..... ....,8
, ARTICLE 2 - PRELIMINARY MA .TIERS..........."..................................................................,...... ...,...........................,.........9
'2.01 Delivery of Bonds and Evidence of Insurance """""""""""""""""""'.""""""""',""'."""""""""""................,.,...9
2 ,02 Copies' of Documents ... ............................... .... ....,.... ......... ........ ",""", ......,.~ ............. .~.... "',""""" ,... ........,.. ,.... ....,...9
2.03 Commencement of Contract Times,' Notice to Proceed ,....................:..........................................:.......................:..9
2.04 Starting the Work ..,.. ..........,..........................,...............,...,.....,.........,...........................,......',.,..........~............ ..,..,.......9
2.05 Before Starting Construction ..................... ........................ .............,...,.............. ........... ..... ....." ",. """,""""""'" .... ,........9
2.06 Preconstruct io n Conference.... ...... .............. .........". ........ .. ........ .. ... ......... .",........ """"""""", , ....... ',""'" ,.. "'" ........... .. 9
2.07 Initial Acceptance of Schedules ,................ ........ .......,............ """~""~"""""""",~"~"",~""""",,,,,..,.......,,......,............,..9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REU8E..........................................:......:.....................I0
3.01 Intent ....................... .......... ..... ...... ... ........................ ..... ........;...,...... :......,;....... ,...... .......... ........ "..... .......... ........... .......,..10
3.02 Reference Standards...... ...... .......,... ........... ...."....... ...,........ ....... ..".. .....~....'~. "','" ..""""""'" ""..'" ....., ...,...... ....... ......,,1 0
3,03 Reporting and Resolving Discrepancies ,........................,....................,......,........'......,........;..,,~~,.".:"..,..."..,..,.....,.....10
3.04 Amending and Supplementing Contract Documents .........,....................................,...~...,......"..~,.....,......;............,......11
3.05 Reuse of Documents .....,.................,.........................,..............,......,..".........,....,;,.........."...."...,....,..",.....,...........,......"...11
3 .06 Electronic Data ,.,... ..................................................,.............,...,...' ............,. ,...........,.............,..,......"........",....,..........""..,..11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDffiONS; HAZARPQUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS """"""""""""""""""""""';""""':""""":"""""""'",.,.......,..11
4 .01 Availability of Lands ..... ,..""...,...... ........ .........,............ ....... ...,.. ........... ........,........""""" """""""""""',""""""" ...........11
4.02 Subsuiface and Physical Conditions """"""""""""""'~"""""""""""'~""""""""""""','~"",.............":....",.........,.".,,..12
4.03 Differing Subsu1jåce or Physical Conditions............~........................,...........,........".............................,............,........12
4.04 UndergroundF acilities ... ............. .................... ...........,... ..".. "..' ............,...,.. ....,. ""'~..".." .... " ".."""""'" """"""'," 13
4 .05 Reference Points., ........... ........................... ......... ......... ........................ ........... ................ ............~... ...... '~'," ',",""~"" ,.13
4.06 Hazardous Environmental Condition at Site .........................................................,.................,...............,.........,.....13
ARTICLE 5 - B'ONDS AND INS'URANCE """"""""",""""""""""""""""""""""""""""""""""""""""""".................,........14
5.01 Performance, Payment, and Other Bonds,.................,........................................,..............................................~.....14
5.02 Licensed Sureties and Insurers .................................................................,........................,......................................15
. 5.03 Certificates of Insurance ........,..,..................,.............................,............. """""~""~",""""',""""""""""" ........."...15
5.04 Contractor's Liability Insurance.......... ........... ................... ............... ,;..... ,........... ...,.. ........., "'..""'" ......., ""'," ..",....: 15
5 .05 Owner's Liability Insurance ,................................................. ............................... ........,.................".....................16
5.06 Property Insurance... ,.. .......... ..... ..........,.... ................. ........,........ ............. .... ...",....... .................. ......~... ""'" ""',"" ,16
5.07 Waiver of Rights .,..,........................... ............... """"""',""""""""""" .............,.,..,............:.........,.............;,....~.......17
5.08 Receipt and App/icationofInsurance Procèeds .............................,..........,...;.............................:,.......".."",........,..17
5.09 Acceptance of Bonds and Insurance; Option to Replace """"""""""""""""""""""~"""""""""","~""""~"~"~'...,17
5.10 Partial Utilization, Acknowledgment of Property Insurer ............................................................................."...,..18
ARTICLE 6 - CONTRACTOR'S RESPONSIDILITIES ,..,.,.....,....,....................,..........................................................,.,,~..'.....18
6.01 Supervision and Superinièndence ...................................................... .......,.................................,............ ......,...........18
6.02 Labor; Working Hours ;,.............................................................. ...., ...... .....................................,..,...........,......,...,..,18
6.03 Services, Materials, and Equipment............,...........,.... ........,........................ ""","""" ............,...,...~................~.,."..18
6.04 Progress Schedule ...............................'............... """""",""""""""" ..... .............:.......................,....",............,....... ...18
6.05 Substitutes and "Or-Equals". .....,................................................... ..,.........................,......"...,.,......,...........,..,.,.,.....19
6.06 Concerning Subcontractors, Suppliers, and Others ...............................................'.......,....,...~.."...~..............".,.......20
6.07 Patent Fees and Royalties ............,....,.......................................... ,. ......................,.....~..................,.......".....,......~.......21
6.08 Permits....................... ............. ....... ..................................................,........... ............",. ...... ............. ""',"" ............ .... ..21
6.09 Laws and Regulations .............................................. .......... ............. ......,..........................,...,..............,.....,................21
6.10 Taxes .,..... ............................ ................................... ...,........... ....". ...... ........,..................,..................................... ......22
6.11 Use of Site and Other Areas,...............................................................,.......................,..,.....:,...:....,........,........:..:.:.,..22
, 6.12 Record Documents ................................................................... ......,...... ................... ...,...........,...........,....,................22
6.13 Safety and Protection ...............,...........,..,......,......,..""....,....................."".....................~.,..........,.".....,...........,~,.....22
6.14 Safety Representative............................... ....".. ......... ............. "."" ........ .."" ""',""""~"""~"" ....~. ...~. ..~......... ',,' '~.."" .23
6.15 Hazard Communication Programs ..............................~......,.. ." """""""""""""""""""""","""""","'" ..................23
EJCDC C..700 Standard General Conditions of the CoDstrUctión Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC, AU rights reserved.
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6.16 Emergencies...... ................... ........................................... ...,.. ........'........................... ..............................~.. .".... .... ..23
6.17 Shop Drawings and Samples.............................................................,.........................,.......,..............,...................23
6.18 Continuing the Work ""'."""""'" ................................ .................. ...................... .....,....... ........... ................ ...........24
6.19 Contractor's General Warranty and Guarantee .......................................................,.......................,.....................24
6.20 Indemnification ... .... ..... """""""" ....... ...... ................................................................... """""""'" ......~........,. ........ .24'
6.21 Delegation of Professional Design Services ...........................................................,........:...........................,..........25
ARTICLE 7 - OTllER WORK. AT TlIE SITE """"""""""""","""'."""""""""""""""""""""""""""""'"...,.........,.............25
7.01 , Related Work at Site.....,.............. ..'....................... ..................................................... .........,....,..,.......,..................25'
7.02 Coordina tion ,............... ...................... ........ ............ ..... ..... ..... .ù. ........~................ .....,.~.........,........ ...,...,..... .~.. ...........26
7.03 . Legal Relationships.... ........ ......... """""'" .......................... ........................ .,. ..........,... "...... ,........ ................ ......... ..26 ,
ARTICLE 8 - OWNER'S RESPONSmILITIES .....~......,.......................,................,........"...........................,..........................26
8.01 Communications to Contractor ,.... ..;................. ........................, ....... ........................,.. ,......' """""'.",.., ........ .......... 26
8.02 Replacement of Engineer ~.............,... ......... .... """" ............ .............. ........ ............. ....... ...., ...~ ..... .....,...~......,.,. ........26
8.03 Furnish Data....... ........................ .... ......... ....... ...... ."... """',""" ...... ......... ......... ............ """""""",",""'" "" ........ ....26
8.04 Pay When Due....... .... ................... ..... .....~.... ,..,.... ,............,............... ,........ .................; ....., ..... ""'","""" ......,........ ..26
8.05 Lands and Easements; Reports and Tests ..,..,.,...............................................................,.....................,.................26
8.06 Insurance..... .............. .......... .....:.......... .,'" """'" ................,.. ...... ",. .................,;....... .., "".." ......, ........,......,...... "'" ~..26
8.07 Change Orders """""'" ...... .....,.. .........,.............. ........... ............. .... .......,.......... ......... .... ""'" ...,.. ..","""""""" .,.,.,..26
8.08 Inspections, Tests, and Approva,ls """""""""""""""""""""""',"""""""""""""""'"......................"..".............26
8.09 Limitations on Owner's Responsibilities...,...... """""" ..... ........."..... ........ ......,.. """""'" ..,..........."",. ,......., ,..........27
8.10 Undisclosed Hazardous Environmental Condition ............................................... ........,.,.."..,...............................27
8.11 Evidence of Financial Arrangements ............. ....................................................................................... ....,:,..,.......27
ARTICLE 9 - ENGINEER'S STATUS DURING CONS1'RUCTION ...................................................,..,.............,...,.............27
, 9.01 Owner's Representative .........,....................................,...................................................,.........,............,................27
9.02 Visits to Site.. ......... ............ ...........................,., ........... """', ................. ............ ........... ......... .............. ............... ',' ...27
9.03 Project Representative........ ............................ ........ .......... ........... ..... ............. .,....~.............. ....." ........,...... ....... ,.... ..27
9.04 A uthorized Variationsi1J Work...,.. ,.... ........... ,;,..... ...... ....... ,....... .~... ................: .....,...,..,.; ....,.",.. ,. ..,........., ,... ..,.... ,..27
9.05 Rejecting Defective Work............ .............. ...........,. ...........,.,. ...... ,.. .................."..... ....... ó, ......... ...., ,..., ,.... ...........,..27
9.06 Shop Drawings, Change Orders and Payments """""""""""."""""""""""""""""""""""""""""""................28
9.07 Determ inations for Unit Price Work...... """.""'" .......,...... ....... .,..... ............ .... ......... ....... .............. ...................~... .28
9.08 Decisions on Requirements of Contract Documents and Acceptability ofWork...................................................28
9.09 Limitations on Engineer's Authority 'and Responsibilities """"""""""""'.."""""""""""""""""""""""""""""28
ARTICLE 1 0 - CHANGES IN THE WORK.; CLAIMS ....................................,......................................................................28
10.01 ' Authorized Changes in the Wòrk........................................... ,........................................,..........,.......,.......,....,.......28
10.02 Unauthorized Changes in the Work .....................................................................................,...,..............................29
10.03 Execution of Change Orders.. ......................,. ...... .........................~......... ............. ,..............,.................................,.29
10.04 Notification to Surety .........................,.............. ....,..............,. ..............,.......... ..... ......... .........................................29
10.05 Claims .................... .................... ...... ...... ....... .... .............."....... ........... ........ ....................... ................. ...... .......... ...29
ARTICLE 11 - COST OF THE WORK.; ALLOWANCES; UNIT PRICE WORK...............,.............................,....................30
11.01 Cost of the W ork.................................................., """""""""""""""""""""""""""",""""""""" ........................30
11.02 Allowances ....... ........ ............... ............ ......... ........ ........... .,....... ........ ..................". ..... """"" ........ ........... "" ...........31
11.03 Unit Price Work """""""""" ............................................................................ ..........................,...,......................31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...............................................,.....32
12.01 Change of Contract Price ....... .............................:...............,....................... ..'..........;..............:,.. .,..........................32
12.02 Change of Contract Times ...... ........ ..................... ,.......... ................ .......................... '.', .....................,... ....... ..........33
12.03 Delays ........ ......... .......... ...... ..... ...... ......... .......................... ...... ..........." ..................~........... ..............,... .......'.., ..... ...3 3
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33
13.0 1 Notice of Defects . ........ .......... ............ ........... ....".. ............. ............... ....... .... ..........:...... .... ......" """"",."", .............33
13,02 Access to Work................ .....................,....... ........................ ...."... .........,. ............. ..... ,.. ......... ...., ,....... ..... ",' ..."..... .33
13.03 Tests and Inspections ........,........................................ ..............."....,.... ................ ....~.......................... "",...............33
13.04 Uncovering Work ....... ............. ...... ................ """""""""""" ...".............. .... ......... ..~.. """"""""', ........... ..,... ......... .34
13.05 Owner May Stop the Work ..................................;.........................:.........................,...........................,..................34
13.06 Correction or Removal of Defective Work..............................................................................................................34
13.07 Correction Period.. ...... ....... .... .............. ........ .....,............ ......................... .......................... ....... ,. ............ .............. .34
13.08 Acceptance of Dejèctive Work .....,....................,.,................... .... ........ ................. .......................,.......... ......~....... ...35
13.09 Owner May Correct Defective Work......................................................................................................................35
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..........................................................,....................36
14.01 Schedule of Values ........................,................... ...................... ....:..................... .......... .......:...................................36
14.02 Progress Payments.................. ..... ,.... .............. ...... ,..... .............. ......, ..... ...... ................... ..."""""""""""" ..............36
14.03 Contractor's Warranty of Title ....................,.....,...................... ,........:................... ......... ............ .....................;.....3 7
14.04 Substantial Completion .. ........" ........ """""""'" """"""""""" ........................... .......... ......................... .................37
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National SocietY of Professiònal Engineers for EJCDC, AU ñghts reserved.
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14.05 Partial Utilization ..... ,..... ....... ......................................................................,......... ...................................,............3 8
14.06 Final Inspection.... ......... ...................... ............... ........,....... ...... ........... .................. ...... ..... ........ ...... ....,......,........... 3 8
14.07 Final Payment ...,... ...... ................ ,........."......... ....... .......... ....... .............,................ ................................................38
14.08 Final Completion Delayed .... ........................ .......... .........,.......... .."...................................................... "'" ............39
14.09 Waiver of Claims ....,........... ..................,............ ......... .......................... ...................,...~..... """"""","""'."" ..........39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .....................;......;..................;.........................................39 .
15.01 . Owner .May Suspend Work.......... ...:............ ................,..... ........... .................. ............. ............ .........."... ...... ..........39
15.02 Owner May Terminate for Cause ....................,....... ...............,. ............................ ................................... ..,............39
15.03 Owner May Terminate For Convenience......... ...................,............................... ..,.......... .,.....................,............. .40
15.04 Contractor May Stop Work or Terminate """""""""""""'.""""""""""""""""""""""""."""""""....................40
ARTICLE 16 - DISPUTE RESOLUTION. """"""""""""""'" ............................................................ ......................................41
16.01 Methods and Procedures ...............................................................,............................,.., .......................................41
ARTICLE 17 - MISCELLANEOUS .......................,.................................,.....;...............................:..........................."............41
17.01 Giving Notice.. ....... """"""""""'" .... """"""""'" ....... .."....... ...... ............ ........... ~ .... ....... ........ ........ .....,.................41
17.02 Computation of Times ........ ................................ ..............................................................,.....................................41
17.03 Cumulative Remedies .... ...............................".......... ................................................................................,... ..........41
17.04 Survival 'of Obligations ...... """""""""""""',"""""""""""""""""""""""""""'"........,........,............ ,................41
17.05 Controlling Law .............................................. ....................,..........................................,...................................,...41
17.06. Headings.................... ........... .., "'" ......."....,............ .....;...., ...... ..."...,............... ..........~...................... .....................41
EJCDC c- 7DO Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC, All rights reserved.
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01
Defined Terms
A Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the. terms' listed below will have the meanings
indicated which. are applicable to both the' singular a1ld
plural thereof. In addition to terms speCifically defmed,
terms with initial capital letters in the Contract
Documents include references to identified articles and
paragraphs, and the' titles of other documents or fonns.
1. Addenda--Writtert or graphicinstroments
issued prior to the opening of Bids which clarify; correct,
or change the Bidding Requirements or the proposed
Contract Documents.
2, Agreement-- The written instrument which is
evidence of thea.greement between Owner and Contractor
covering the Work.
3. Applicationfor Payment-The form acceptable
to Engineer Which is to be USed by Contfactorduring the
. course' of the Work in requesting progress"'or fmal
payJt1ertts and. which is to be accompanied by . such
supporting documentation as is required by the Contract
Documents. . .
4. Asbestos.-Any material that contains more
than one percent asbestos and, is friable or' is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety. and
Health Administration.
5. Bid--Th¿l.offer ..or-'pròposal-of--a~Bidder--.m
submitted ön the prescribed form setting forth-the prices
for the Work to be performed,
6. Bidder--The individual or entity who submits
a Bid directly to owÌ1êr.
7. Bidding Documents-The Bidding
Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirement$- The Advertisement or
Invitation to Bid, Instructions to Bidders, .bid security. of
acceptable form, if any, and the Bid Fonn With any
supplements.
9. Change Order--kdocument recommended by
Engineer which is signed by Contractor and Owner and
authorizes an addition, deletion, or revision in the Work
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the'
Agreement.
10. Claim-A demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
tenns of the Contract: A demand for money or services by
a third party is not a Claim. .
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II. Contract-The entire. and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations. or agreements, whether written or oral.
12. Contract Documents- Those items so
designated in the Agreement Only printed or hard copies
of the items listed in the Agreement are Contract
Docúments. Approved Shop Drawings, other, Contractor's
submittals, and th~ reports and drawings' of subsurface
and physical conditions are.not ContractDocuments.
13. Contract Price-The moneys. payable by
Owner to Contractor for completio~ oL1he Work in
accordance with the Contract Documents as . stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
pletethe Work so' ,that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment
15. Contractor-The individual or entity with
whom Owner has entered into the Agreement. .
16, Cost of the Work-See Paragraph 11.01.A for
defmition.
17, Drawings-- That p~ of. the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. S~opDrawingsand
other Contractor submittals àre not Drawings as so
defmed.
18. Effective Date of the Agreement-The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. Engineer-The individ~ or entity named as
such in the Agreement:
EJCDCC-7QO Standard General Conditions oftbe Construc:tion Contract.
Copyrigbt~ 2002 National Society of Professional Engineers forEJCDC, All rigbts reserved.
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20. Field Order-A written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
21. General Requirements-.,.Sections of Division
1 of the Specifications. The General Requirements pertain
t '" to all sections of the Specifications. .
22. HaZardous Environmental Condition-The
presence at the . Site of Asbestos, PCBs, Petroleum,
Hazardöus Waste, ot Radioactive Material. in such
quantities.or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
23. Hazardous Waste-The term Haiardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, roles, regulations; ordinanc-
es, codes, and orders of any.and all governmental bodies,
agencies, authorities, ~d courts having jurisdiction.
. 25. Liens--Charges. security interests, . or
encumbrances upon Project funds, real property, or
personal property. .
26. Milestone-Aprincipal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work. .
27. Notice of Award-- The written notice by
Ownet to the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner Will sign and deliver the
Agreement.
28. Notice to Proceed-A written notice given by
Owner to Cónö;ãctor fixing. the date on which the Con-
tract Times will commence to run and on. which
Contractor shall start to perform the Work under the
Contract Documents.
. 29. Owner-- The individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
30. PCBs-~olyc1ûorinated biphenyls.
31. Petroleum-Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Waste
and crode oils.
32. Progress Schedule-;-A schedule, prepared and
maintained by Contractor, de~ribing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project-The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34, Project Manual-The bound documentary
information prepared for bidding and constructing the
Work. A. listing of the contents. of tþeProject. Manual,
which JDaY be bound in one or more. volumes, is
contained in the table( s) of contents.
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35. Radioactive Material-.,Source, special nucle-
ar, or byproduct material as defined by the AtoJllÍc Energy
Act of 1954 (42 USC Section 2011 et st:q.) as amended
from time to. time. ,
36. Related Entity - An officer, director/partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representative-The autho-
rized representative of Engineer who.. may be assigned to
the Site or any part thereof.
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38. Samples-Physical examples of materials,
.. equipmenÍt or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged. ..
39. Schedule ofS/,(bmittals-A scl1edule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scl1eduled performance
of related construction activities.
40. Schedule of Values-A schedule, prepared
and maintained by. ContracÍ()1", allocating portions of the
COJltractPrice to various portiQns of the Work and used
as the basis for reviewing Con~ctor's Applicatio~ for
Payment .
41. Shop Drawings--Alldrawings.. diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to îIlustrate some
portion of the Work.
i
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ß
42. Site-Lands or areas indicated in the Contract
Documents as being furnished by Owner upon which the
Work is to be perfonned, including rights-of-way and
easements for access. thereto, and such oth~ :lands
furnished by Owner which are designated for the use of
Contractor,
43. Specifications-That part of the Contract
Documents co~istìng of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright (:) 2002 National Society of Professional Éngineersfor EJCDC. All rights reserved.
00700 - 7
-.....---.-
52. Work Change Directive-A vnitten statement
to Contractor issued on or aftc;r the Effe~tive Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Worle- Change Directive
will not change the Contract Price or the Contract Times
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright () 2002 National~ciety of Professional Engineers for nCD<:, All rights reserved.
. . 00700 . 8
administrative requirements and procedural matters
applicable theret()o
44. Subcontractor--An. individual or entity
having a direct contract with Contractor or with any other
SubcontractoJ: for the performance of a part of the Work
at the Site.
45. Substantial Completion:--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the ðpinion of Engineer, the Work (or
a. speéified part thereof) is sufficiently complete, in
acoorcmnce With.. the . Contract Documents, so that the
Work (or a speéifiedpart thereof) can be utilized for the
purposes for which it is intended. The tenus "substantially
oomplete" and "substantilllly oompleted"as applied to all
or part of the Work refer to Substantilll Completion:
. thereof.
46. Successful Bid.der:.- The. Bidder submitting a
responsive Bid to whom Owner makes an award.
. . . 47. Supplementary Conditi(ms-:-Tha~ part of the
Contract Documents which amend~ or~upplements the~
GenerålConditions.
48. Supp/ier--A manufacturer, fabricator~ suppli-
er, distributor~' materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materillls or. eqùipment to. be incorporated in the
WorkbyContractor or any Subcontractor.
49. Underground .: Facilities--All underground
pipelines; conc,tuits, ducts, cables, wires, manholes, vaults,
tanks, tuDnas, or other such facilities or attacluneIl~' and
any encasements containing such facilities, inéluding
. those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water; wastewater, storm water, other
liquids or chemicals, or traffic or other contr()l systems.
. .., ... SO; UnitPricê Work..-Work to. be paid for on the
~asis ofutíitprices.
i
. 51; Work-The entit:e construction or the various
. separately identifiable parts .thereoJrequired to.. be
provided -qnder the Contract Documents. Work includes
and is the result of perfonningor providing aU labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the C~mtractDocuments.
I
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. j
but is evidence that the parties expect that the change
ordered or documented by a Work Change Directive will
be incorp<>rated in a suQsequently issued Change Order
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02
Terminology
~ The followipg words or terms are not defined
but, when used in the Bidding Reqùirements or Cc;mtract
DOcUJIlents,have the following meaning.
B. Intent of Certain 'ferms or Adjectives
1. The Contract Documents include the tenns "as
al1ow~""as approyed," "as ordered", "as directed" or
tenus of like. effeCt ()r import to authorize an. exercise of
professional judgment by Engineer. In addition, the
adjectives "r.e i$onable," "m1itable," "acceptable,"
"proper," "satisfaètory," or aQ,jectives of like effect or
import are used to de$cribe an action or detenninationof
Engineer as tothêWork. It is intende(rthat sllch exercise
of professional judgment, action or determination will be
solely to evaluate,. in general, the Work for compliance
with. the requiremeqts ()f and information in. the Contract
Documents. aJld .coJ)fonriance with the design concept of
the COIIlplete9~rôjeêi afafunctioning whole as shown or
indicated in the èontiact Documents (1Ìnless there. is a
specific statement indicating otherwise). The use of any
. such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Workor any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the ContractD()cuments.
C.Day
1. The word "day" means a calendar day
of 24 hours measured fTom midnight to the next midnight.
D. Defective
. .. . 1.. the word "defective," when modifying the
word "Work,"refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not coJ)fonn to the Contract Documents,
or
. b. does not meet the reqùirements of any
. applicable inspection, reference standard, test, or
approvlll referred to in the Contract Documents,
or
c. has been damaged prior to Engineer's -
recommendation of fmal payment (unlèss
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
E. Furnish, Install, Perform, Provide
1. The word "furnish," whtm ùsed in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other speCified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said sêrviêes, tnaterials,
or equipment complete and ready for intended uSe.
3. The wprds "perform" or "provide," when used
in connectiQn with services, materials, or eqûipment, shall
mean to .fuI'nish and inStall said . services, materials, or
equip~ent complete andréa~y for intended use;
4. Whep "furnish," "install,""perform,"òr "pro-
vide" is notused. in connection with services, materials, or
equipment ¡ria context Clearly reqûiring. an. obl1gatioll of
COntractor, "provide" is implied. .
. F. Urness stated'odierwise in,the'Contract Docu-
ments, word$ or phrases wllichhave. á 'well-known
techIJical orcollStruc:tion industry ótfi'í1qemeaning are
used in die C<intfactDOC\1meDtš Í11 a¿cordaÍíCë with such
recognized meaning, . .
'ARTICLE 2 - PRELIMINARY MATTERS
2.01
Delivery of Bonds and Eyiâence of Insuranèe
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also<leliv~ to O~er ~Hch bQAgsli,s Contractor may be
r,equire4 to fi1rW~h. . . '.'
B. Evidence of Insurance: BefOt;'e, any Work at
the Site is started, Contractor arid ÔWner shall each
deliver,to the other, with copie~ to each additional insured
, identified. in. th~, SupplementarYCqnditioris,certificates of
insurance (and other evidence o(i1lSUr.aJlci; which either
of them or any additional insured~yreåSònâbly request)
, which Contractor and Owner, ~spectiyely are required to
purchase and maintain in accordance With Article 5.
2.02
Copies of Documents
or, if a Notice to Proceed is given, on the day índicated in
the Notice to Proceed. A Notice to Proceed may be given
at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times com.
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier, .
.'
9
2.04
Starting the Work
A. Contractor shall start to perform the Work on I
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to run.
2.05
BeßJre Starting Construction
A. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for timely review:
1. a preliminary Progress Schedule; indicating
the times (numbers of days or dateS) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Docwnents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
videsthe Work into component parts in sufficient detail to
serve as the basis for progress payments during
perfonnance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 . Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2,05.A,
procedures for handling Shop Drawings and other
submittals, processing. Applications for Payment, and
maintaining required records.
2.07
Initial Acceptance of Schedules
A. At least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, 'Engineer, and others as appropriate will be
held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
Paragraph,2.05,A. Contractor shall have an additional 10
days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be
A. The Contract Times will commence to run on made to Contrp.ctor until acceptable schedules are
the thirtieth day after the Effective Date of the Agreement submitted to Engineer.
EJCI>C (::700 Siandåid Genefal Conditions of the Construction Contract.
Copyright @ 1002 National Sodety ofProlès$ionål Engineers for EJCoc. All rights reserved.
00700 - 9
A. Owner shall furniSh to Contritctor up to ten
printed or hard copies of the ))rawings and Project
Manual. Additional copies will be furnished upon request
at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
1. The Progress Schedule will be acceptable to.
Engineer ifitpro.vides anorderly progressio.n o.fthe Wo.rk
to. completion within the Co.ntract Times. Such acceptance
will not impose on Engineer responsibility fo.t the
Progress Schedule, fo.r sequencing, scheduling, or
progress of the W()rknor,interfere with o.r relieve
,Contracto.r from Co.ntracto.r's full responsibility therefor.
2. C;o.ntracto.r's Sch~ule, o.f SubtÌùttals Win, be
acceptable to Engineer if it pro.videsa w()rkable
arrangementfo.r reviewing and processing the required
submittals.
3. Co.ntracto.r's ,Schedule of Vlllues will be
acceptable to Engineer as to. fo.rm and.substanc~ if it
pr()vides a reasonabl~ alloca~on ()f the Contract Price to.
co.mponent parts o.f tb,e Wo.rk. '
ARTICLE 3 - CONTRAct Í>úèUMENTS: iNTENT,
AMENDING, REUSE '
i
3,01
Intent
A. The Co.ntract Documents are complementary;
what is required by one is as binding as if required by all.
B. It is the intent o.f the Contract Documents to.
describe a functionally complete Project (or part thereo.f)
to be constructed, in accon:t¡plce with the Contract Docu-
ments. A,ny labor, docuJ11en~tio~ semces, m~terials, o.r
equipment that may re~ol1ablyþ~" infen:edf,:r()J11 . the
Contract Doc;uments o.rvo.m,prevailfug 'custo.m o.r trade
usage as, being required toPJ"o.clucetljêwtel1ded result will
be, pr()vi<:ted"wbetþ~o.rn()t~pecific~lly cal1~ f()r~f no.
additio.Í1JÙco.stto.'QWner. ' , , '," ,<.,,'
" '. G".Çl~ficati8~' { ,n9Ì!1.!erpre~Po.ijs òf the
COl1tract DQc~en!Ssìial) 'be" issu'ed by'Engißeer as
provided in Article 9, '" ' '
3.02
'", " ." '",
Reftrence'Standard; ,
A. Standards, speciticlltiQns, Codes, Laws, and
Regtilations .
, ,
1. Referenc,e to., , ~~dards,spedficâti()ns,
manwùs, Qr, CQdt:S°( anyteclÛûÇal society, orgatÍÎzatio.n,
o.rll~pcillti()n, Qr to. Laws or~egú1ations,whetìier such
reference be spedtic,9rbyhnplìcatiQn, s~meâIlthe
standard, specification, manual, code, o.rLaws'Qr R.egwa-
tiOIlS in e,ffect at th~ timeo( opening of Bids (or Qn the
Effective Date Qf the Agreemep.tiftb,ere were no. Bids),
except as lpaybe Qtherwise specifically stated' in the
Contract DoCuments. '
2. No. provisiQn Qf any such standard,
specificatio.n, manual Qr cQde, or any instructiQn Qf a
Supplier shall be effective to change the duties or
responsibilities o.f Owner, CQntractor, o.r Engineer, or any
o.f their subcQntracto.rs, consultánts, agents, or emplo.yees
fro.m those set fQrth in the Co.ntract Documents. No. such
provisio.n Qr instruction shall be effective to assign to.
Owner, o.r Engineer, Qr any of, their Related Entities, any'
duty or authority to. supervise or direct the perfonnance of
the Work or any duty or authority to. undertake respo.n-
sibility incQnsistent with the provisiQns o.f the Contract
DQcuments.
3.03
Reporting and Resolving Discrepancies
A. Reporting Discrepancies
I.Contrt;lctQr's Review of CQniract 'Documents
Before Startmg Work: Before underjâJqng each part øf the
WQrk, Contractor shall carefully shidy and. compare:' the
Contract Documents and check andvêrifý pertinent
figures therein and all applicable" field, measurements.
Contractor shall promptly repcirt in wrltiflg" to 'Engineer
any conflict, erro.r, ambiguitY, o.r discrepancy which
CQIltractQr ,may discover and shall obtain a written
interpretation or clarification from Enginðer befo.re
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Docwnents
During Performance, of Work: If, d~g the performance
o.f the Work, CQntracto.r d~covers any co~ict, error,
ambiguity, o.r discrepancy within the Contract Documents
OJ" .1)etWeen the Co.ntract Documents and any provisiQn o.f
any ~w or Regulatio.n, applicable to. the performance o.f
the Wo.rk o.r o.f any standard, specification, manual Qr
cQde, o.r Qf any instructiQn o.f any Supplier, Contractor
shall pro.mptly report it to. Engineer in writing. Contractor
sl1a11 not proceed withtþe Work affected thereby (except
inllJl.ç,mergcmcy ~,requiredby Paragraph 6.16.A) until
an aIIleIldlIlçnt or supplementt() the Contrit,ct DQcuments
hasþeen issued by o.ne o.fthe methOdS iridicâteð in
Paragraph 3.04.
3. Contracto.r shall not be liable to Owner or
. ' gIlgiIleer for failure to. report any cont1ict, eITor, ambigu-
itY,or discrepancy 'in the CóntracJ DQcuments unless
Contracto.r knew o.r reasonably sho.uld have kno.wn
thereof: . '
B, Resolving Discrepancies
1. Except as maybe otherwise specifically stated
in tþe Contra!;t Do.cuments, the provisio.ns o.f the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, Qr discrepancy between the ~
provisions Qf the Co.ntract Documents and:
a. the prQvisions Qf any standard, specificatio.n,
manual, code, o.r instruction (whether o.r nQt
specifically'inco.rpQrated by reference in the
Contract DocUJJ:lents); or .
EJCDC C- 700S.andardG~neral Conditions of the Construction Contract.
Copyright ~ 2002 Nàtlöûl SOdetý o( J>rófesslonâl EngineerS (orE.JCOC, All rights reserved.
." 01)100-10
b. the provisions of, any Laws or Regulåtions
applicable to the performance of the Work
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
3.04 Amending
. DocumentS
and
Contract
Supplementing
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modifythetêrmsand conditions thereofby either a
Change Order or a Work Change Directive.
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
devia~ons in",the Work may beauthoriied,by one ormoÌ'e
of the folloWirig Wáys: ..
1. A Field Order,
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6. 17.D.3); or .
3. EIlgineer's
clarification;
written
intetpretation
or
3.05
.Reuse ofDocutiJéntS
A. Contractor and any S'ubcontractor'or.S~pplier
or other individual or entity pèrforming or furnishing all
of the Work under a direct or indirect contract 'vith
Contractor, shall not: .
1. . have or acquire any title to or ownership
riglìts' in any of the DráwiIîgs, Specifications, or
other doeufuentS. (Of' (;opièš 'öfåôy therêof)pre¡Jaredby or
bêåringthe. seal 'Of Engmeer Or Enginêer's comultants,
including electronic media editions; or
2. reuséany of such Dråwings, Specifications,
.. - õ1hehiôculírents; . orcopiesthèreof onextemions
of the Projector áJìy other projeCt withoúfWrlttenconsent
of Owner and Engineer and specific wiittenveriñcation
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive fmal payment, or termination of the Contract.
Nothing herein' shall preclude. Contractor ftom retaining
copies of the Contract Documents for record purposes.
3.06
Electronic Data
or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the electronic
files and the hard copies, the hard copies govern.
B. Became data stored in electronic media
format can deteriorate or be modified. inadvertently or
otherwise without authorization of the data's creator, the
party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the ,
data thus transferred. Any errors detected within the 60-
day acceptance period will be eottected by the
tranSferring party. .
;¡
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î.
;)
C. When transferring documents in electronic
media format, the transferring party makes no
representations as to long term comPatibility, usability, or
readability of documents resultmg. from " the'- -use of
software application packages, operating systems, or
computer hardware diffe~g from those used by the
data's creator. .
ARTICLE 4 A V AILABIUTY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS;
REFERENCE POINTS
4.01
Availability of Lands
A. Owner shaH' furnish the Site. Owner shall
notifY Contractor of any enc\:1tì1brancesorrestrictlons not
of general appJ1catiòn but specwcålly related to use of the
Site. with whìch' Contractor' must comply in performing
the Work. OWn<;:rwill obtain Ú1 a timêty mannerând pay
for eåsefuêIits' for "pehfuméIit stiuctUres 'or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
. extent, if any, of MY adjristmeptin the Contract Price or
C¿Iltract Tixnes, 'or both,.åi;ia result' of any delay in .
Owner's furnishing the Site or a part thereof, Contrilctor
.. ìnãy make a Claim therefor. as provided in Paragraph
10.05. '.
1i
t
,;}
f
~
B. Upon reasonable written request, Owner shall
.furnishContractor with a current statement of record legal
title and legal description of the lands., upon which the
Work is to be perfonned and Owner's interest therein as
necessary for giving notiCe. of or filing a mechanic's or
conStJUction lien against such lands in accordance with
applicable Laws and Regulatiom. .
. C. ContraCtor shall provide for all additìonal
lattds and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
A. Copies of data furnished by OWner or
Engineer to. Contractor or. Contractor to Owner or
Engineer that niåy be reliedul'on are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, <lata, graphics, or other
types are furnished only for the convenience of the
receiving party. Any conclusion or infonnation obtained
EJCÐCC~ 700Standarll General Conditions of the Construction Contract.
Copyright ~ 2002 NatiOnal Society of Professional Engineers for EJCDC. . All rights reserved.
00700 .;. 11
4.02
Subsurface and Physical Conditions
k Repärts and Drawings: The Supplementary
Coriditions identify: '
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. thöSè" drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the~Site (except Underground Facilities)
that Enginéer has used in, preparing the Contract
Documents;
, . B.Limited Reliance by Contractor on TechniCal
Daíå' Authorized: Contractormayrelý, uponthegenêial
å'cémacy of the "tec}ùûcaFdata" contained in such reports
and drawings, but such reportS and drawings are not
Contract Documertts; Such "technical data" is identified
in the Supplementary Conditions. Except fòr such reliance
ótis\1ch"teêhriicaldata,"Contractormaynot rely upon or
make any claim against OWner orEngin~r, or any of
, their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contia:ctòr~spU1poses,including, but not limited to,
any aspèCtsôfthe mew; methods, techniques,
sequences;andpfocedures of constructiönto be employed
by Contractor, 'âtìd sáfety precautions and programs
incident thereto; or
2. other data, interpretations, opinions, and,
infotmation contained in such' reports or shown or
indicated in such drawings; of
3. any C<>11tractor interpretation of or conclusion
draWn from aný"'technical data" or any such other data,
".interpretationS.ópinions,' ormfOI1I1~tion.
4~03
Differing Subsuiface or Physical Conditions
A. Notice: If Contractor believes that any subsur-
face or physical. condition at or .contiguous to the Site that
is uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or '
3. differs materially from that shown or indicated
in the Còntract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware'
thereof and before further disturbing the subsurface or
physical conditions or perfonning 'any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor' shall not further disturb
such condition or perfo1'II1 any Work in connection
therewith (except as afore~id) until receipt of Written
order to' do so.
B. Engineer's Review: After receipt of written
notice as required by Pw-agraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise OWner in writing
(with a copy to Contractor) of Engineer's findings and
condusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the'
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
a.such condition mUst meet anyone or more of
the categories described in Pw-agraph 4.03.A;
and
b. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03. '
2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if
a. Contractor knew of the existence of such
conditions at the time Contractor made a final
commitment to Owner with respect to Contract
Price and Contract Times by the submission of a
Bid or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
EJCOC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional EngIneers for EJCOC. All rights reserved.
00700 .12
c. Contractor failed to give the written notice as
required by Paragraph 4.03.A. .
3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if ~y, of
any adjustment. in the Contract Price or Contract Times,
or both. a Claim may be made therefor as provided in
" Paragraph 10.05. However, Owner and Engineer, and any
.'. of their Related Entities shall not be liable to Contractor
for any chtims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other. professionals and an' court or
arbitration..of: other dispute resolution costs) sust<iined by
Contractor on or in connection with any other project or
anticipated project.
4.04
Underground F aci/ities
A Shown or Indicated: Theinfonnation and data
shown or indicated in.. the CO~1J"act .DQcumepts.. with
respect to existing Underground Facilities at or
contiguous to the Site is based on infonnation~data
furnished to Owner or Engineer by the owners of such
Underground Facilities, inqluding Owner, or. by others.
Unless it is otherwise expressly provided iIi. the . Sup-
plemelltary Conditions:
1. Owner 'and Engineer shall not be responsible
for the liccuracy or completçness of any such infonnation
or data; and
2. the cost of all of the following will be
incl:uded in the Contract Price, and Contractor shall have
full responsibility for: .
a. reviewing and checking all such infonnation
and data, .
bo. . locating all Underground. Facilities shown or
indicated in the Contract Doc:Uments,
. c. coordination oCtile Work with the owners of
such .. Undergro~d Flicilities, including Owner,
during construction, and .
. d the safety and. protection of all such Under-
ground Fa~ilities. and.. repairing any damage
thereto resulting wm the Work.
B. Not Shown or Indicated
promptly review the Underground Facility and. determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence ot location of the Under-
ground Facility. During such time, Contractor shall be
responsible .for the safety and protection of such
Underground Facility.
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2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change,
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made Íp. the Contract Price or Contract Times, or
both. to the t:xtent .that they are attrib\ltable to. .the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
. with reasQnableaccùracy in the Contract Documents and
that Contractor did .110t lcno'Yof and could not reasonably
have bee!:) expected to bea-ware of or to have anticipated
If Qwncr and ContJ"actQr are unable.. to agree on
entitlement to Qr on the amountor extent, if any, of any
such adj~tment. in Contract Price or Contract. Times,
OWller . or. çontJ"actor may make a Claim therefor as
provided in Paragraph 10.05,
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4.05
Reference Points
. .
A. Owner. shall provide engineering surveys to
establish referc::nçe points for consþuction which in
Engineer's judgment are. ne.cessaryto enable Contractor
to proceed with the Work. Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make .no changes or relocations without the prior
written approval of Owner. Contractor. shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in. grades or locations, and
sballb~responsible for the accurate replacement or
relocation of ~:uch reference points or property
monuments brprofessionally qualified personnel.
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--4;O6----Hazardous-Environmental Condition atSite'
A Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings 'relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents, .
L If an Underground Facility is uncovered or
revealed ater contiguous to the Site which was not shown
or indicated, or not shoWll or indicated with reasQnable.
. accuracy in the Contract Documel1ts, Contractor shall,
promptly after becoming aw~e thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineér. Engineer will
EJCDC C-700 St.ndard G.eneralConditions oftbe Construction CoDtract,
Copyright ~ 2002 \o .tioDal Society of Profession.. EngiDeers for EJCDC. All rigbts reserved.
. 00700 - 13
B.Limited Reliance by Contractor on Tec.hnical
Data Autho~ed: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against. Owner or Engineer, or any of
their Related Entities with respect to:
I. the completeness of such reports and drawings
for Contractor's pwposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and,
infonnation contained in such reports or shown or
indicated in such drawings; or ,
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
~terpretations, opinions or infonnation. '
C. Contractor shall not' be responsible, for any
Hazardous EnVironmental Condition uncovered or re-
vealed at the Site:: which ~as not shown or indicated in
Drawings or Specifications or idenqfied Ù).,the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition" created with, any materials
brought to, the Site by Contractor, 'S11.bc()ntractors,
, Suppliers, or anyone else for whom Contractor is
responsible. .
D. If Contractor encountc:rs, a Hazardous
Environmental Condition ()r if ç()ntra~tor or anyone for
whom Contractor is responsible èreates a Hazardous
Environmental Condition, Contractor'shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in coIWection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph,'6.16.A); and (iii) notify,Owner and Engineer
(and promptly'thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for °wner,Jo retain a qualified expert to
evalu.ate::s11,cþ con<ijti.on ortaJc~ con:~cti~e açQon, if aJ)y,
, Ê.Conir~ctor shali not be required to resume
Wr¡J rtcHn: çJ,1ß~Ji PH. 'YÍth' sucþ ~90Intiti {) p {) dn any-affc~ cted
area until after Owner has obtained, any requ.irçd permits
related thereto and delivered to Contractor written notice:
(i) specifying , that such condition and,anY affected area is
or has b.~ell rendered safç for tge resUD:1ptio[l of Work; or
(ii) specifying any special conditions under, which such
Work maybe resumed safely. If Owner an~ Contractor
. cannot agree as to, entitlement to, or ,()n the amount or
extent, if any, of any adjustment in Contract Price or
Contract Times, or both, as a ¡;esult of such Work stop-
page or such special conditions under which, Work is
agreed to be resumed by Contractor, ,either party may
make a ClaiÎn therefor as provided in Paragraph 10.05.
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such. portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have sllch deleted portion of the Work
perfonned by Owner's own forces or others in accordance
with Article 7. '
G. To the fullest extent pennitted by Laws and
Regulations, Owner shall indemnify and hold hannless
Contractor,Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants, and subcontrac~ors of each and any of them
from and against all claims, costs, losses" and damages
(including but. not limited to all fees and charges of
engineers, architectS~: attorneys; and öther professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided ~t such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or SpecificatiO11Sor identified in the
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
apyone for whom Contractor is responsible, Nothing in
this Paragraph 4.06. G shall obligate Owner to, indeß)llÍfy
any individual or entity froxn and against the' conse-
quences of that ,individual's or entity~s oWn negligence.
H. To the wIlest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
hannless Owner and Engineer, anc:t the officers, directors,
partners, employees, agents; consúltants, and
subcontractors of each and any bf them from and against
all claims, costs, losses, and damages (including but not
limited to aU fees and charges of engineers, architects,
attorneys, and otlJ.er professionals and, all ,court or
arbitratio~ or other,dispute resolutio~ costs) arising out of
or relating to a Hazardous EnviroDIIlental Condition
cre~ted by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06,H shall
obligate Contractor to,indeß)llÍfy any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragraphs 4.02,4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01
Performance, Payment, and Other Bonds'
F. If after receipt of such written notice A. Contractor shall furnish' perfonnance and
Contractor does not agree to resùme such Work based on payment bonds, each in an amount at least equal to the
a reasonable belief it is unsafe, 'or does not agree to Contract Price as security for the faithful'perfonnahce and
resume such Work under such special e<>nditions, then payment of all of Contractor's obligations under the
Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect
area affected by such condition to' be deleted from the until one year after the date when final payment becomes
Work. If Owner and Contractor' cannot agree as to due or until completion of the coITection period specified
EJCDC C-700 Standard General Conditions of the CoßstrudioB Contract,
Copyright @ 2002 National Society of Prøfessiønal Engineers for EJCDC, All rightS reserved.
00700 - 14
in Paragraph 13.07, whichever is later, except as provided
otherwise by Laws or Regulations or by the Contract
Documents. Contractor shall also furnish such other
bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
sureties as are named in the cwrent list of "Companies
Holding Cerûficates of Authority as. Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
- must be accompanied by a certified copy of the agent's
authority to act.
C.lf the surety on any bond -- furnished - by
Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the
requirements of Paragraph 5.01.B, Contractor shall
promptly noûfy Owner and Engineer and shall, withih 20
dayS after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirem~nts of Paragraphs 5.01.B and
5.02.
5.02
Licensed Sureties and Insurers
A All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained &om surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for - the limits and coverages
so required. Su<:h surety and insurance companies shall
also met':t such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03
Certifæàtes of Insurance
A Contractor shall deliver to Owner, with copies
------to-eacnliddìiional iriSUiëëndeJitifiëd. iidñe -S-upplelIleritarý -
Conditions, cerûficates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor. is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04
Contractor's Liability insurance
from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performedby.Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers'compensatioll"
disability benefits, and other similar employee benefit
acts;
/ 2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
-sictäïess or diSease~ or death of any person other than
Contractor's employees;
- 4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
a. by any person as a result of an offense directly-
or indirectly related to the employment of such
person by ContTactor,or
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b. by any other person for any other reason;
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5. claims for damages, other than to the Work
itself: because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this .
Paragraph 5.04 shall: -
--------- -~-~:-With----respea---toUiSUrãñce- -reqUirecf. . by
Paragraphs 5.04.A.3 through 5.O4.A.6 inclusive, include
as additional insured (subject to any customary ~xclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as. addi-
tional insureds, and include coverage for the - respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
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- 2. include at least the specific coverages and be
written for not less than the limits of liability provided in
A. Contractor shall pUrchase and maintain such the Supplementary Conditions or required by Laws or
- liability and other insurance as is appropriate for the Regulations, whichever is greater;
Work beingperfonned and as will provide protection -
EJCDC C-700 Standard GenerarConditlòns oltbe Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC, All rights reserved.
00700 -15
3. include completed operations insurance;
4. include contractual liability insurance
covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and toeacb. other additional insured identified in the
Supplementary Conditions to whoma. certific~te of
insurance has been issued (and the certificates of
insurance fùrnished by the Contractor purs\l8.nt to
Paragraph 5.03 will so provide);
6. remain in effect. at least until fmal payment
and . at all . tiDies thereafter. when .. Contract!;)r . may be
correcting, removing, or replacing defectiye. Work in
accordance with Paragraph 13,07; and
7. withr~spect to completed operations insur-
ance, and any insurance coverage written OD. a claims-
made basis, remain in effect for at least two years after
final payment.
a. Contractor shall furnish Owner and each other
additional insured . identified .in the . Supple.
mentary Conditions, to whom. a certific~teof
insurance has been issued, evidence satisfactory
to. Owner and any such additiOllal insured of
continuation of such, insurance at final payment
and one year thereafter.
5.05
Owner's Liability Insurance
A In a<!pition to.~e. insur~ncerequired to be
provided by Contractorungc#' Paragraph 5.(>4;gwner, at
Owner's .option,maypurch~e 1l!l9' mainta~.lit qwner's
expenseQwn~Ú 9~ ,liability illsuran~, ~~m P!"()tect
Own~ .. against claiß)$ which may arise fro~ operations
Under the Contract Documents. .
.5.06
Property Insurance
A Unless otherwise pr()vided. in the Supple-
mentary Conditions, Owner sh¡ùl purchase and maintain
property insurance upon the Work at the Site in .the
amount of the. full Í-eplacement cost thereof (subject to
such deductible amounts as may be provided inibe
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
1. include the interests of. Owner, Contractor,
Subcontractors, and Ellgineer, and any other individuals
or entities identified in the Supplementary Conditions, .
and the. officers, directors, partners, employees, agents,
consultants and subcontractors. of each ~d. any .of them,
each of whom is deemed to have an insurable interest and
shall ~ listed as an insured or additional insured;.
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the fol1owingperïls or causes of loss: fire, lightning,'
extended coverage, theft, vandalism and . malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
. and such oth~ perils or causes of loss as may be specifi- .
cally required by the Supplementary Conditions; .
3. inélude expense~ incurred in the repair or
ß:placement of.aIlyj~~,propet1Y(inc1udi~g but. not.
limited to fees and charges ~f en~ineeÎ'sand architects);
4. cover materials and .... equipment stored at the
Site or at another location that was agreed to in writing by
Owner prior to being incorporated intheWorlc, provided
that such materialsand equipment have bcenincluded in
an Application for Payment recomnteilded by Engineer;
5~ allow for pårtial utilization of the Work .by
Owner,
6. include testing and startup; and
7,be tnaintained in effect UI1t~rfmal payment is
made unless otherwise agreed to in writing by Owner,
Contractor; and Engineer with 30 days Written notice to
each other additional insured to. whom a certificate of
insurance has been issued.. .
B. Owner shall purchase. and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Ç()nditi()~!1 or. Piws@d ~egùlåtìons w'bich will incÎude
. the. inteies~ôf OWìier, Conb1ictor, . SubcontraCtors, and
. EJlgine~ ~d~y other indiViduaÌs or entities identified
. --iDe the.. SupplementàíY~'Conditíons~-~eÎÛÌd'ilié'officers,
. dir~tors, partners, employees, . agents, consultantS and
sùbcoÍ1tractórs of each andânyofthem, each of whom is .
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
. C, All the policies of insuratice (and the certifi-
cates or other evidence thereof) required to be purchased
'and maintained in accordance with Paragraph.. 5.06wiU
contain a provision or endorSement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior .written notice
has been given, to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued aJ1d will contain waiver provisions in accor-
dance with Paragraph 5.07. .
D. Owner shall not be responsible for p1irchasing
and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
EJCDC C- 700 Standard General Conditions of tbe Construction Contract.
Copyright @ 2002 National Society of Profèssional Engineers for EJCDC. All rights reserved.
. 00700 - 16
deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may pUI'chase and
maintain it at the purchaser's own expense.
E, If Contractor requests in writing that other
special insurance be inqluded in the property insurance
policies provided urider Paragraph 5.06, OWner shall, if
possible, include such insurance, and the cost thereof will
be charged .to Contractor by appropriate Change Order,
Prior to commencement of the Work at the' Site, Owner
shall in writing advise Contråctor whether or not such
other ins~ce has been procili'edby Owner.' .
5.07
Waiver of Rights
A. Owner and Contractor intend that all policies
purchased in accordance with Paragråph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such poncies and will provide primary coverage
for all losses and~agescaused by the perils or causes
of loss covered thereby, All such policies" shall contain
provisions to the effect th¡¡t in ,the event of payment of
any loss or damage the insurerS will have norigbts of
recovery against any of the insureds or additional insUreds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
dan1Šges èausedby, arising out of9r r¿~û1ting frottlany of
the perils or causes' ~floss coveredbysuéh' policies and
any' other property ~~anCe . applicable to the \\fork; and,
in addition, waive alr~uch'rights against SubcontI"åctors,
and Engineer, anc.i . all other,~dividuals or entities
idelltified in~e Supplementàry Conditions. to be listed as
ins~ed or additiona'! insured (and the officers, directors,
partners, employees, 'agents, consultantS' . and
subcontractors of each and any' of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights.. that any party
. making such 'wai",er may have to the proceeds' of
insurance held by Owner as trustee 01" otherwise payable
under any policy so issued. '
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for.
1. loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other'
perils whether or not insured by Owner; and
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2. loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the .completed. Project.
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, mafter final payment
pursuantto Paragraph 14.07.
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C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shall contain provisions to the
effect that in the event of payment. of any. such loss,
damage, or consequential loss,' the insl1rers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees, .
agents, consultants and subcontractors of each and any of
them.
5.08
Receipt and Application of Insurance Proceeds
A Any insured loss under the- policies of
insurance required by Paragraph 5.06 will' be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mörtgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
danîaged Work shall be repaired or rq>Iaced, the moneys
sorec~i~ed applied on account thereot: and the Work and
the c()sdhereof covered by an appropriate Change Orçter .
B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in in~t is reached,
Owner as fiduciary shall adjust and settle the loss With the
insurers and, if required in writing' by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties. '
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance. with Article 5
on the basis of non-conformance with the Contract
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright Q2002 NationalSocl~ty ~fProfes~jonal EngineerS for EJCDC, All rights reserved.
^^N~ 4N
Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.01.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
pàrty in writing of such failure to pUrchase prior to the
start of the Work, or of such failw-e - to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insUiahce to protect such other
party's -- interests at thé expense of the party who was
- :téqûïred - to provide such coverage, and a Change Order
shall be: issued to adjust the Contract Priceaccòtdingly.
5.10 Partial Utìliiátion~Æcknowledg"fent oj Property
- Insurer
A, If Owner finds it necessary to occupy or use a
portion or portionS of the - Work prior to Substantial
- Completion ofållthe Work as provided in Paragraph
14.05, no sUch û8è oroccuþancy shall CO11U1lence before
the insurers - providing the property' msUtance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby.Theinsuft~rsproviding the proþerty insurance
shall conseht byendÒrSetnent on the policy or policies,
but t4e pro¡:>érty insuraììceshall not -be' canceled or
pem1Ìtted to lapse on account of any sucbjiårtial Use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSffiILITIES
6.01
Supervision a1ldSilperirÚenôence
- ---------------------_w_--------- ~------------- ,d__- -- ------
- A:' còritrattor shãiï . supètvitJé, inspect, and direct
the Work competentlyåìid'èflidêntly, - devoting such
attentig!lt4e:reto 8.I1<l applyi!lg such skills and expertise as
may ~ñeéêsš8rytó pefforiñilieWork in accordance with
the Contract Documents. Contraêtor sball be solely
responsible for the means, methods, techniques,
sequences, and procedures - ofcòristruction. Contractor
shall not be responsfule Jor the negligence - of Owner or
Engineer in the design' or -specification of a specific
m~ans, method, tecfullquè, -sequelÍce, or procedure of
construction which issho_wp-9r!!lw.eated in and expressly
required by the Contract DoêU1'l1e1ÍtS~
B._At all times during the progress of the Work,
Contractor sball ~ssign'- a- ¿ôIIlpëtent resident superin-
tendent who shall. notbereplåced wîthout written notice
to Owner aild Engineerexceþ( under extraordinary
circumstanceS. The superintendent will be: Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be binding on
Contractor.
6.02
Labor; Working Hours
A. Contractor shall provide competent, suitably'
qualified personnel to survey and layout the Work and
perfonn construction as required by the - Contract Docu-
ments. Contractor shall at all times maintain good disci-
p~ine and order at the Site,
B. Except as otherwise required for the safety or
protection of persons or the ~ork or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract ,Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not peqnit -the perfonnance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03
Services, Materials, and Equipment
- A Unless otherwise specified - iri the Contract
Documents, Contractor shall próvide and assume full
reSponsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary' facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
. testing, start-up, and completion of the Work. .
B. All materials and equipment incorporated into
the Work shall be as specified or, ifnot specified, shall be
of good quality and new, except-as otherwise provided in
the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly
r\1tî. to the - benefit of- Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) asto _th~ s()~e, kind, and
quality of materials and equipment.
C. All materials and equipment shall be stored,
applied, installed, connected, erected, protected, used,
cleaned, and - conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.
6.04
Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2.07
as it may be: adjusted from time to time as provided
below. -
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright e 2002 National SoCIety of Prôfessional Engineers for EJCDC. All rights reserved.
.00700 -18
1. Contract()r shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the - Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable theretO. .
2) it will conform substantially to the
detailed requirements of the item named in the
Contract Documents.
1
,
2. Substitute Items
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
a. If in, Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal"item under
Paragraph 6.05.A..l, it will be considered at
proposed substitute item.
6.05
Substitutes and "Or-Equals"
b. Contractor shall submit sufficient information
as provided below to -- ,allow Engineé.. to
detennine that the itemofmai~ri~torequîpínent
proposed is essentially equivalent'to thatname4
and an acceptable substitute therefor, RequeŠts
for review of proposed substitute items of
material or equipment will not be. accepted by
Engineer from anyone other than Contractor.
A. ,Whenever' an item of material or eq~ipment is
specified or described in the Contract D()cuments by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items. of material or equipment or
material or equipment ()f other Suppliers may be
submitted to Engineer for review under the circumstances
descnòedbelow.
c. The, requirements for review by Engineer will
'be as, set forth in Paragraph - 6.0S,A.2.d, as
supplemented in the Genera1 Reqùirements and
, 8$ En,gineer may. decide iI!, apPropriate under the
'circums~ces. .
'~
~
~
ií
1. "Or-Equal" Items: If in Engineer's sole
discretion an item of material or equipment proposed - by
Contractor is functionally equal. to that named and
sufficiently similar so that no change in related Work will
be required,' it may be, ~onsidered by Engineer as an
"or-equal"item, in which case review and approval of the
proposed item may, in Engineer's sole discretion, be
accomplisheØ without compliance with some or aU-of the
requirements - for - approval of proposed substitute items.
For the p1.ltposes of this Paragraph6;OS.A.l,aproposed
item of material or equipment will be co~sidered
functionally equal to an item so named if:
, '
d. Cotltractor shall make written, application to
Engineer for review of a propos~ substitûte item
of material or equiPDlenlthat Contractor seeks to
furnish or use; The application:
i
~
1) shall certify that the proposed substi-
tute item will:
a) perfonn adequately the functions and
achieve the reS1ilts called for by the
general design,
1) it is at-least equal in materials of
constmction, quality, durability, appearance,
strength, and design characteristics;..
b) be similar in substance to that '
,specified, àrid
c) be suited to the same use as that
specified;
'î
Þ
,
l
.. ," -_..-
a. in the exercise of reasonable judgment
-Engineerdetërminesthat: '
2) will state:
2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
a) 'the extent, if any, to. which the use of
the proposêd ~bstitute item will preju-
dice ContraCtor's achievement of
Substantial Completion on time;
1) there will be no. increase in cost to
the Owner or increase in Contract Times, and
EJCDC C- 700 Standard General Conditions of the Construction' Contract,
Copyright ~ 2002 National Society of Profe~s¡oJlal Engineersrorpcoc. All rights reserved.
00700 -19
b) whether or npt use of the proposed
substitute item in ,the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract. with Owner for, other
work on the Project) to adapt the design
to the proposed substitute item; and ,
1;
~
i
3) it has a proven record of performance
and availability of responsive service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
c) whether or not incorporation or use
of the proposed substitute item in con-
'nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified, and
b) available engineering, sales,
maintenance, repair, and replaceme.nt
serviCes; ,
, ~
, '
4) and shall contain an itemized esti-
mate of all costs or credits that V!Ïll result
directly or indirectly from use of such substitute
item. including costs of redesign and claims of
other contractorS âffected.' by any resulting
change, ", '"
B. Substliute ConstrUction Methods or Prôce-
, ,
duri!S:, Ifa specific means, method, technique, sequènèe,
or prOcêdure ofcònStru.êtion is. exptesslfrecjuirèdbý the
ContråctDocumentS, Côntråctorrilay fuînislì or utiliie a
substitUte ,rnéaIÍs, 'niethðð" " 'technique" sequence, or
proc~ute bf. . cònstructiòÌ1 approved by Engineer.
CohtiåctôfsÍ1l11lsublIÛt SuffiCient iiûônnatiön to'a1tow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Parågraph 6.05.A.2.
I
1
!
C. Engi1ieer's Evaluation: Engineer will be
allowed a' reasoJ1able time' within wmcbto evaluate each
propo~ (Jrsl1bn1J~'In,~~e P~rsuapt toPara~aphs 6.05.A
an(r6:()5;B.En.g¡ß~jßÏây 'rêquite Cônti:åctôtto fuJ11ish
additional data about the proposed substitliteHem.
En~ÌJ1~ ~~Q;be.!4es()l~judge of acceptability. No "or
m_~eqÜar:'()rcsubstitUfè-witì be.. orderèd,installed or-utilized
filitil ~hgfuê~ës'reView ,"is' complete, which ,WiD be
. ~\19éìit~)y 'either~ Change Ördêrfor asubstiilite or an
åpp.tove~fSÎ1op DfãWingfdr ~ "oreqûal," Engineer will
'ádViSb'êÖnltå~tpf in Writing' 'of ally negative
dêtê¡fuiriãtiôn." . "
¡
,¡
, "D: SpeCial Guarâ-ntee: OWner may require
Contractor to furnish ~t C()ntractor's expense a special
penonÌtanceguai-antee or other surety with respect to any
substitute.
Documents (or in the provisions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal"at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers,
Others
and
A Cç>ntractor shall not employ any SubCon-
tractor, Supplier, or other individual Or entity (including
those acceptable to Owner as indicated in Paragråph
6.Ó6.B), whether initially or aSa replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier~or . other' itldividual or entity to furnish or
penonn"any of the 'Work against whom Contractor has
reâsonable objection. ' ,
, B. If the, Supplementary Conditi~ns require the
identity of certaíllSubcòntractorS, ,'Suppliers, or ,other
individûalsor' entities to be submitted' to Owner in
advance foraccêptance by OwIlef by a specified date
þnòf'tb the 'Effective , Date, of the AgreemeÎ1t, Md'if
Contractor 1uiS subnÍitted a list thereof in accordance with
thê'SftpÞlèri1entarýConditiòÍis,', O'Wner's acceptance
(eithetiri writing Or by failing to make written objèCtion
thereto by tht dåteiridicated fo!' acceptance or objection
in thëBidding DocuIllèr1~ or thc'Contract Documents) of
any'such Sûb¿ontractor, Supplier, or other individual or
entity so ideìitified may be revoked~ on the basis of reason-
~ble objection after due investigation. Contractor shall
submit 'àJI. acceptable" replacement for the rejected
Subcontractor, Supplier, or other individual or entity, and
the, Contract Price will be adjusted by the difference in the
"costoccasionèd by suth rëplåêentent, and an appropriate
Change Order will bêissued. NoåcceptaIÎce by OwIler of
any such Sûbcontractor, Supplier, or ot4er individual or
'-entitY;whèther iIlitiålly or asa replacelDent, shall èoÍlsti-
'futea waiver of any right of' Owner or Engineer to reject
defective Work. ., . " .
C. Contractor shall be fully responsible to OWner
and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work just as
Contractor isrespònsiblefor Contractor's own acts and
omissioru¡. Nothing in the Contract Documents:
L shall create for the benefit of any sucþ
Subcontractor, Supplier, or other individual or entity ~y
contractual relationsmp between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor' '
, E. ,Engineer's Cost Reimbursement: Engineer
will rccórdEngineer's costs in evaluating a substitute
proposed' or submitted by Contractor pursuant to
, Paragraphs 6.05.A2 and6.05.B Whether or not Engineer
àpproveSåsubstitute item so proposed or submitted by
Contractor, 'Contractor' shall reimburse Owner for the 2. shall anything in the Contract DocuJt1ents
c~es of Engineer for evaluà.tingeach such proposed create any obligation on the part ~f Owner or
substitute. Colltr'actor shall also reimburse Owner fot the Engineer to payor to see to the payment of any moneys
charges of'EIÎgineer for making changes in the Contract . due any such Subcontractor, Supplier, or other individual
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 Nlldônat Society of ProfeSsional Enginmfor EJ<::OC. AD rights reserved.
00700 - 20
or entity except as may otherwise be required by Laws
and Regulations~
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities perfonning or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
fofuüng or furnishing any of the Work ~o communicate
with Engineer through Contractor. .
'. F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contract()r, in dividing the Work ,among Subcon-
tråëtôr8 or Suppliers or delineating' the Work to be
performed by anygpecific trade. " .."
G. All Work perfonned for Contractor by a
Subcontractor or Supplier will 'be' pursuant to àn appro-
priate agreement' betwèen Contractor and the
Su1)contractor or Supplier wlúcb Specifically biridsthe
S\1QcoÌ\tr~ctor or Supplier to theaJ>p~qåble térÏtÎ~jí~d
conditions of the Contract Documents for the benefit of
oWòèf and Engineer. Whe.nevet' åny'~êha~ênîent' is .
with a Subcontract()r or Supplierwho'i$list&ï as an
addItional insUred )jn the properly j~.~ce provided in
Paragraph 5.06, the agreementbetweeri ,'th~ Co~tractor
~d the Sijbçontractor, or S\1pplierWitìêohiaiìiproV1sions
whereby the Subcontractor or SuppJiér waives, all rights
againSt Owner; Contractor, and Engineer" ånd all other
individqals or entities,. id~!J,tifie4 .m ,the Supplementary
Conditions to be listed as iÌ1sureds.'or additioo,al insure<is
(andtb,e officers, directoÌ's, p~~Ì"S, einploye~S,âgénts,
cQI1S\lI!/1ÎitSaIldsuþç()Il~~c~()rs()( ~ç4 a11<i~l1yof them)
tQr~Ír'ì()g$eš'âíuiaâtDåges ' cà~,by,âJ"išÌ11g '. ()ijt of,
I"êÍ~tirigtQ,o¡ r~!lul~uîg 'n()w- anyotihe perits or' cauSþs of
IQ~;(còyere4'by si1çhpoliciesåndany otJ¡er proþérty
'ìIlStrr;nçê áppilc~biê'to tht;, Wortc."1t' Íhelz,t~Ur~rsô# ~~y
sûcb poliCies requirèseparåte Waiver forws'.~.. ~.'. sigJ:led
by any SubcontractoI'.or. Supplier,Contråctor-WilLobtíin .
tbQ sllIDe. .
6.07
. ,Paleni Fees anflRóya/ties
. A Contractor shall pay all license fees and
royalties' and assume all costs incident to the use iti the
performance of the Work or the incorporation in the Work
of any invenûon, design. process, product, or device
~", which 'is the subjeèt ot p~terit rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contra,ct DocUInents for use
in the perfonnance of the Work and if to the actUal
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights, shall be . disclosed by Owner in the Contract
DoCuments. .
B. To the fullest extent permitted DY Laws and
Regulations, Contractor shall indemnify and hold
hannless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all clailDS, costs, losses, and damages (including but not
limited to all fees and charges of engineers, arclútects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or,
copyrights incident to the use in the' performance of the
Work or resulting nom the incorpo~tion in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents.
'.,
f
1
5
,
¡:
6.08
Permits
. A. Unless otherwise provided in,. the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when, necessary, in obtaining such permits
and licenses. Contractor shall pay' all governmental
charges and inspecti()n fees necessary for the prqsecution
'o(the Work whicn ,are applicable at the time of opening
of Bids, or, if tlìere are no Bids, on the EffectivéDate of
the . Agreetnent. ö\Vner shall pay all" chargeS of utility
owners for connections for providing permanent ~ce
to the Work. . .
6.09
Laws and Regulations
A. Contractor shall give all notices req~ by
and shall comply with all Laws and Regulations applica-
ble to the perfonnance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contrac~()r's compÍÍånce' with
any Laws or Regulations. .
B. If Contractor performs any Work IcnoWÙ1g or
having reason to know thàt it is contrary to Låvis or .
Regulations, Contractor shall bQar all. cl~, 'costs,
.. .-Josses" and..daIDages' (including but-1lot limited 'to aU fees
and charges of engirieers, architects, attorneys,' a:bd other
professionals and all court or arbitration or oth~c:f~ute
resolution costs) arising out of or relating tosùch Work
However, it shall not be Contractor's' primary
responsibility to make certain thàt the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of perfonnance of the Work shall be the
subject of an adjustInent in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustInent, a Claim may be made therefor as
. provided in Paragraph 10.05.
EJCDC C- 700 StaD~ard General Conditions of the Construetion Contract.
Copyright ~ 2002 National Söcletý of ProfessionalEngineen for E.JCDC. ' All rights reserved.
00700 - 21
6,10
Taxes
A. Contractor shall pay all sales, consumer, use,
and other similar taxes required to be paid by Conu-actor
in accordance with the. Laws and Regulations of the place
of the Project which are applicable during the
perfonnance of the Work.
6.11
Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confIDe construction. equip-
Jnent,UIe . ¡¡tprage of. ~atc:r.ials. ap,çI. t:quip~ent, . and the
operations of workers to the. Siteandotber areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site. and other areas with
constru~tion equipment or other materials .9fequipment.
Contractor shall . assume fpll responsibility. for any
damage to any such land or area, or to the owner or
occupant thereof, or ofanY./;Jdjacent land or areas
resulting nom the performance of the Work.
2. Sho\lld any claim be made by any such owner
or occupant becaUSt of. tbe performance of tbe Work.
.', çontractor shall promptly settle. with such other party by
negotiation or otbefWÎse resolvetbe claim by arbitnition
or other dispute resolution procee4ing or at law.
3. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify. and . hold
. bannle$s Owneran4Engineer, and. the officers, directors,
paftP.ers, employ~, agents" consJiI~ts . and
subcontractors 'of each and any of them nom and against
all claims, costs, losses, and datpages (including but not
limited to, all fees. andcJu¡.rge$of engineers,architects,
attQrne}'$, an4 other professi9nals. a.ndaU court or
. arbitra~Qn Of otber 4isputetes9lutign c9Sts) arising o~tof
or relating to any claim or action, leg~gr equitable,
broughibyanysuchoWner or occupant against Owner,
Engineer, or any other party indemnified h~e\Ulder to the
.. . eXtent c8¥Sed .by or. based upon CQntractor's perforoÍance
of the Work.
. B. Removal of Debris During Performance of the
Work: During the progress of the WQrk Contractor shall
. keep the Site and other lP"eas neenoma~umulations of
. waste materials, rubbish,. andotber debris. Removal and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations: .
C. Cleaning: Prior to SubstantialÇompletiOn of
the Wo* çontractor shallcle~ the Site and the Work
and make it ready f9r utilizati9nby Owner. At the com-
pletion of the WorkÇontraqtor shall remove trom the Site
aU tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original. condition all property not designated for
... alteration by the Çontract Documents.
D. Loading Structures: Contractor shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
Contractor subject any part of the Work or adjacent
property to stresSes or pressures that will endanger it.
6.12
Record Documents
A çontractor shall maintain in a safe place at the
Site one feCord copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Fi~ld
Orders, and written interpretatiQns and clarifications. in
good order and annotated ~. show changes made' during
constructiøn. The~c: record documents together with all
approved Samples and a counterpart of all appròveclShop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these feCord documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13
Safety and. Protection
A Contractor shall be solely respons~l(: for
initiating, maintaining and supervising all Safety precau..,
tions and prograIJ1S in. connection with the Work.
Contractor shall take all necessary precautions for the
safety of: and. shall provide the necessary protection to
prevent daptage, injury or loss to:
1. all persons on the Site or who may be affected
by the Wor\c;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off .the
Site; and
3..other property at the Site or adjacent thereto,
including .ú"ees, shrubs, lawns, walks, paveIDents,
ioad~Ys, structures, utilities, and Underground Facilities
not designated for. removal, relocation,. or repla.cement in
the CQUfSe of CQnstruction. .
B,Contraçtor shall comply with all applicable
Laws alld Régulations relating to the safety of persons or
property, or to the protection of persons or property fÌOm
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other ufility owners when
prosecution .of the Work may affect them, and shall
cooperate witb.. theItl in the protection, removal,
relocation, and feplacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6. 13.A.2 or. 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by çontractor
(except damage or loss attributable to the fault of Draw-
~ÇDC Ç-700 Standard GeIJeral.Çonditions oftlie çonstruction çontraet.
Copyright @ 2002 Nj\tional Society of Professional Engineers for EJQ)C. All rights reserved.
00700.22
ings or Specifications or to the acts or omissions of
Owner or Engineer or , or anyone employed by any of
them, or anyone for whose acts, any of them may be
liable, and not attributable, directly or indirectly, in whole
or in Pàrt. to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07,B that the Work is acceptable
(except' as 'otherwis~ expressly provided in connection
, wi~ Substantial Completion). '
6.14
Sllfety Representative
A. Contractor shall designate a' qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the preventionòf accidents
and the maintaining and supervising of safety precautions
and programS. '
6.15
Hazard Communication Programs
A. ContraCtor shall be responsible for coordi-
nating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or' exchanged between, or among
employers at the Site in accordance with Laws or
Regulations.
6.16
Emergencies
A. In emergencies affecting the safety or protec-
tion of persons ort11ê .work orproþerty at the Site or
adjacent thereto, ContraCtor is obligated to act to prevent
threatened' daniágê~ injUry, ot 108S. Contractòrshall give
Erigineetptompt wtitten notice if Contractorbðliêvès that
any significant changes in the Workorváriations&otn the
Contract Documents have been caused thereby or are
required as a'resUlt thereof. 'lf EngiIieer deterniines that a
chang~ in, the Contract Doêumentsis. required becau~ of
the ,action taken by Contractor in respo:nsè to suchan
emergency, a Work Change Directive OJ" Change Order
will be issued.
6.17
, Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Sche~ule of Submittals, (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require. '
1. Shop Drawings
b. Data shown on the Shop Drawings will bð
complete with respect to quantities, dimensions,
specified performance and design criteria.
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to'
review the information for the limited purposes
required by Paragraph 6.17.D.
¡
¡'
,
¡;
2., Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-'
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
'~
"
~
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
. Supplier, pertinent data such as catalog numbers,
the use for which intended IU)d other data' as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by paragraph 6.17,D,
B. Where a Shop Drawing or Sàinple is required
by the Contract Documl?nts or the' Schedule, of Submittals
,'any related Work perfonnedpriotto Engineer's review
and approval of the pertinent submittal will beat the sole
expense and responsibility of Contractor.
C. SubmittalPròcedures
1. Before submitting each. Shop Drawing or
Sample, Contractor shall have deterinined ánd verified:
a. all field measurements, quantities, dimensions,
specified perfonnance and design criteria,
installation tequir~ments, materials, catalog
numbers,' and similar' infomiation. with respect
thereto;
,b. the suitability of all materials with respect to
,intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the perfonnance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
ánd
d. shall also have nMewedand ~oordinated each
Shop Drawing or Sample with other Shop
Drawings and Sampl~s and with the
requirements of the Work and the Contract
Documents.
j'
i
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Sodety of Professional Engineers forEJCDC. All rights reserved.
, 00700 - 23
a.Submit number of copies specifièd in the
General Requirements.
A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless OwÌler and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
A. Contractor shall catTY on the Work: and adhere limited to all fees and charges of engineers, architects,
Progress Schedule during all disputes or attorneys, and other professionals and all' court or
EJCDC C- 700 Standard General Conditlons'of till! CoÌlstructlonContract.
Copyright @ 2002 National Society of Professional Engineen for EJCDC. AU rights reserved.
00700 - 24
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have trom the requirements
of the Contract. Documents. This notice shall be both a
written coIIlI1lunication separate trom the Shop Drawing's
or .' Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
. ted to Engineer for review and approval of each such
variation.
i
. !
D. Engineer's Review
. ,
1. Engineer will. provide tinîely review of Shop
. Drawings and Samples in accordance with the Schedule
of Submittals a~ceptable to Engineer. Engineer's review
and approval will be only to detennine if the items
covered. . by the submittals will, . after installation or
incotporationin the Work, conform to the information
.given in the Contî'ãct Documents andbê compåtible with
the design concept of the completed Project as a
functioning whole as indicated by . the Contract' Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniql1es,sequences,or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called, for' by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. .
3. Engineer's review and approval shall not
relieve Contractor fromresþotiSibilitY fòr any variation
ftom the' requirements of the ContractDocuments unless
Contractor ~-has-complied.. withc.étheAequirements_of
Paragraph 6.17.C.3 and Engineer has given written
approval of each "such variation by"'specific writteÌ1
notation .thereof incotporàted. in' or accompanying the
Shop Drawing or Sample. Engineer's review and approvål
shall not relieve Contractor.trom responsibility for
complying with the reqûirements of Paragraph. 6. 17.C.1.
E. Resubmittal Procedures
1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,
new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than
the corrections called for by Engineer on previous
submittals.
6.18
Continuing the Work
to the
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any di~putes or
disagreements, except as pennitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
6.19
Contractor's General Warranty and Guarantee'
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warrantY. and guarantee
hereunder excludes defects or damage caused by: .
1. abuse, modification, or improper maintenance
or operation by persons other tlian Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. nonnal wear and tear under noimal usage.
C. Contractor's' obligation to perform and
complete the Work: in accordance with the . Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
I. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
~Own~ .'
.-.--.- .- ...
.--.--.- .-...-...--
4. use or occupancy of the Work or any part
. thereof by Owner;
5. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil.
ity by Engineer,
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20
Indemnification
arbitration or other dispute resolution costs) arising out of
or relating to the perfonnance of the Work, provided that
any such claim, cost, loss, 9r damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting thcre&om but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
.. . individual or entity directly or indirectly employed by any
of them to .perform any of the Work or anyone for whose
acts any of them may be liable.
B. In any and all claims against Owner or
Engin~r or any of. their' respective consultants, agents,
officers, directors, partners, or employees by any employ-
~ (or the surVivor or personal representative of such
employee) 9f.Contractor, any Subcontractor, any
Supplier, or any individ~ or entity directly or indirectly
employed by. any of them t9 perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitati9n on the amount
or type of damages~ compensation, or benefits payable by
or for Contractor Or anY such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, . disability benefit acts, or other employee benefit
. acts.
C. The indemnifjcation obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability òf
Engineer and Engin~r's officers, directors, partners,
employees, agents, consultants and subcontractors arising
out of:
1. the preparation or approval of, or the failure to
prepare or approve,' maps, Drawings, opinions, reports,
surVeys; Change Ordet:S, designs, or Specifications; or
2. giving directions or instructions, 9r failing to
give them, if that is the primary cause of the injury or
damage.
6.21
Delegation of Professional Design Services
A. Contractor will not be. required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to cany out Contractor's responsibilities for construction
means, methods, techniques, sequences and procedures.
Contractor shall not be required to provide professional
services in violation of applicable law.
.,
,
shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professio~1. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer;
. ,
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C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the .
services, certifications or approvals peñormed by such
design professionals, provided Owner and Engin~r have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and. approval of design calêulations and design
. drawings will be only for the limited purpose of checking
for conformance with perfònnanceand design" criteria
given. and the design concept expressed in theContÌ"act
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
arid design drawings) will be only for the purpose státed
in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the peñormance or design criteria required
by the Contract Docunients.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01
Related Work at Site
A Owner may perform other work related to the
Project at the Site with Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1, written notice thereof will be given to
Contractor prior to starting any .such other work;. and
2. .if Owner and. Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
. Claim may be made therefor as provided in Paragraph
10.05.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
B. If professional design services' or and Owner, if Owner is performing other work with
certifications by a design' professional related to systems, Owner's employees, proper and safe access' to the Site, a
materials or equipment are specifically required of reasonable opportunity for the introduction and storage of
Contractor by the Contract. Documents, Owner and materials and equipment and the execution of such other
Engineer will specify all peñormance and design criteria work, and shall properly coordinate the Work with theirs.
that such services must satisfy. Con~ctor shall cause Contractor shall do all cutting, fitting, and patching of the
such services or certifications to be provided by a Work that may be required to properly connect òr
properly licensed professional, whose signature and seal otherwise make its several parts come together and
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Soåety of Professional Engineers for EJCDC. All rights reserved.
00700 - 2S
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properly integrat~ with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under tlùs Paragraph are for
the benefit of such utility owners and other contractörs to
the extent that there are. comparable provisions for the
benefit of Cöntractör in said direct cöntracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work qepends upònwork performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, qefects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution andresultsoíContractor's Work. Contractor's
failure to sö report will constitute an acceptance öf such
other work as fit and proper for integration. with
Contractor's Work except for latent defects and
deficiencies in such other work.
7.02
Coordiriation
A If Owner intends to contract with others for
the. perförmance of other work on the Project at the Site,
the. following will be set. forth in SupplementaryCondi-
tions:
1. the individual or entity who will have
authority and responsibility for coordination öf the
activities among the various contractors will be identified;
2. the specific matters to be covered by such
authority and resþonsibility will be itemized; and
3: the extent of such authority and responsibili-
ties. will be prövided.
. R Unless otherwise prövided in the
Suppldnentåry Conditions, Owner shall have sole
authority andrespoIíSibitity for such coordination.
7.03
. LegalRelationships
A Paragraphs 7.0 I.A and 7.02 are not applicable
for utilities not under the control of Owrier.
B. Each other. direct contract of Owner. under
Paragraph 7.01.A shall provide that the other contractor is
liable to Owner andContractör for the reasonable direct
delay and disruption costs incUITed by Contractor asa
result öfthe other contractor's actions or inactions.
C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption costs inCUITed by such other contractor as a
result of Contractor's action or inactions.
ARTICLE 8 - OWNER'S RESPONSmlUTlES
8.01
Communications to Contractor
. A ExcePt as otherwise provided in th~ General' .
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8..02
Replacement of Engineer
A In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whoSestàtus
under the Contract Documents shall be that of the former
Engineer.
8,03
Furnish Data
A. Owner shall prdriiptly furnish the data
required of Owner under the Contract Documents~
8.04
Pay When Due
A. .. Owner shall make. payments to Contractor
when they are due as provided in Paragraphs 14,O2;C and
14.07.C. .
8.05
Lands and Easements,' Reports and Tests
A Owner's duties in respeêt of providing lands
and easements and providing. engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports ,of
explorations and. tests of subsurfaçe conditions and
drawings of physical conditions in or relating to existing
surface. or subsUrface structUres at. 'or.. contiguous to. the
Site that have been utilized by Engineer in preparing the
Contract.DocUII1ents.
8.06
Insurance'
A. Owner's responsibilities, if any, in respect to
purchasing and. maintaining liability and. property insur-
ance are set forth in Article 5.
8.07
Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
8.08
Inspections, Tests, ånd Approvals
. A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in }>aragraph
13.03.B.
EJCDC C-700 Standard General Conditions oftheConstructioJi Contract.
Copyright .~ 2002 National Society of Professional Engineers for EJCJ>C.. All rights reserved.
00700 - 26
8.09
Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8.10 Undisclosed
Condition
Hazardous
Environmental
A. Owner's responsibility in respect to, an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8,11 ,
Evidence of Financial Arrangements
A. If and tathe extent Owner has àgretd to
furnish Contractor reasonable evidence that financial
aITangements have been made to satisfy Owner's
obligations under the Contract D~cuments~ Owner's
responsibility inrespect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS. DU1UNG
CONSTRUCfION
9.01
Owner's Representative
A. Engineer will be Owner's representative
during !be construction period. The ' 'duties and, responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents anti will not be changed
without written consent of Owner and Engineer.
'.-"9 ;02--. '-Visits to Site -
".._,.,_..
A. Engineer will make visits to the Bite at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order' to observe as an
experienced and qualified design professional the
progress that has been màde and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer, will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineers
visits or observations of Contractors Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the sâfetY
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
11
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9.03
Project Representative
. A. If. Owner and. Engineer agree, Engineer wili
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work. The authority and Tesponsibilitiesof¡my such
Resident Project Representative and assistants will' be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant; agent or employee, the
responsibilities and' authority and limitations thereon of
such other indiyidual or entity will be as provided in the
Supplementary Conditions.
9.04
Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involv~ an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who.
shall perform the Work involved promptly, If Owner or
Contractor u .b.elieyes _.that- a Eielø,Qrder justitie$ an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment,
a Claim may be made therefor as provided in Paragraph
10.05.
9,05
Rejecting Defective Work
A. Engineer will have authority to reject Work
which Engineer bdieves to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed. .
EJCDC C-700 Standard General Conditions ortbe cOnstruction Contract.
Copyright @ 2002 National 'Society of Proressi )nal EngIneers for EJCDC, All rights reserved.
00700 - 27
?06
Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and
limitations \hereof, as to design calculations. and design
drawings submitted in response to a delegation of
. profes~ional desi~n services, if any, see Paragraph 6.21.
C. In connectiQn with Engineer's a1.ÍthQrity as to
Change Orders, see Articles 10,11, and 12. .
. D. I~ connection with Engineer's authoritY as to
. AppJicationsfor Payxnent, ~ee Article 14. . .
9:07
Determinationsfor Unit price Wòrk .
. . . .
.. A. Engineer wiJ1 detel1IÛne the actual quantities
and. classifi,c!itions ()f(Jnit, J?ric~Work. peIÍonn~by
Confractor.E;ngmeerwil1rëvie"Wwi~ Contr<ictôr the
Engineer' sprelimiriary detefinimìtíons.' on s11c11.. matters
1:>ef()~ rendering... å writteri dçcisionthereon (by
récommendaiioJ'l .' of. an Application.. for Jla)'D1ent .or
.. otheiWise). ..EngiJleer's . writt~ decision. thei:eon .' will be
. t~and,biJlding (excij)(âS Ilio<íified bY . Engineer to
r~flect changed. facwal ~J'lditionsor more àccufåte. tiata)
upon OWIiei and Contractor, subjectto the provisionsof
. Pârågraph 10.05. .. .
9.08 Decisions on Requirements
Documents an4 Acceptability of Work
A.Engineerwill be thefuitial iJlt~ret~ of the
rcquir~w~p.~pLWe.Ç°J'ltract [)oc~~~ts ~d judge of the
acceþtabilìtY of the Work thereunder. All matters in
question and other matters between Owner and Contractor
arising priqr to !h~..cIa,~~. fw..al paym,ent is due relating to
the acceptåbility of the Worlc, åDd the interpretation of the
requirements of the Contract Doct}ments pertaining to the
perfonnance of the Work, will. be referred injtially to
Engineer in\\'JÍtiJlg within 30cla,ys of the event giving rise .
tà tI:t~ question.
of Contract
. B. (. Engineer will, with reasonableþromptness,
render a written decision on theissue. referred. If Owner
or Contractor believe that any such decision entitles them
to. an adjusÙ11ent in the Contract Price or Contract Times
or boih,ä Claim maybe IDadeunderPàragraph 10.05.
tlîédåteofEngineer's decisIon shållbe thêdate of the
event giving rise to the issues referenced for the purposes
of Paragraph 10.0S.B.
C.EngiJleer's written decision on the issue
referrëd will. be final and binding on' Owner and
Contractor, subject to the provisions of Paragraph 10.05.
partiality to Owner or C~ntractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations
Responsibilities
on
Engineer's Authority and
. A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
ContI'act Documents nor any decision made by Engineer
iti good faith either to exercise or not exercise such
authority or responsibility or the underta1cing, exercise, or
perfonnance of any auth9rity or reSponsibility by
Engineer shall create, impose, or give rise to any duty in
coptract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them..
. B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of' Contractor to
comply with Laws and Regulations applicable to the
perfQnnanceof the Work, Engineer will not be rèspon-
siblè for ContraCtor's failure to perfoîm the Work in
accordance with the Contract Documents.
C. Engineer. will not. be responsible for the acts
or omissions?f.~on!Tactor or Qf any Subcontractor, any
Supplier, or of any. other individual or entity performing
any of the Work.
D. Engineer's review of the fmal Application for
Payment and accompanying documentation and all
maintenance. and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to. be
delivered by Paragraph 14.07.A will only be to determine
~eneràlly that their content complies with the require.
ments of, and in the case. of. certificates. 9f inspections,
tests, . and approvâls that the resultsceitifiêd indicate
compliance with the ContràctDocuments.
. E. The.limitaiions upon authoritY and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01
Authorized Changes in the Work
A. Without invalidatiJlg the Contract and without
notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
under this Paragraph 9.08, EngiJleer will not show Upon receipt of any such document, Contractor shall
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright CJ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 28
promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
. B. If Owner and Contractor are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
,. both, that should be allowed as a result of a Work Change
.' Directive, a Claim may be made therefor as provided in'
Paragraph 10.05.
10.02
Unauthorized Changes in the Work
AContractor shall not be entitled to an increase
in the Contract Price or. an extension of the Contract
Times with respect to any work performed that'. is not
required .. by the Contract Documents as. . amended,
modified, or supplemented as I'rovidedin Pariigmþh- 3~04,
except in the case of an emergency. as provided in
Paragrap1Í6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.B.
10.03
ExecutiQn of Changl1 Orders
A Owner and Contractor shall execute appropri-
ate Change O~ders re¿OIÎ1IJlended by Engineercov~ng:
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.01." (ü) required
because of acceptance of defective Work \lnder Paragraph
13;08.A or Owner's correction of defectiv'eWork under
Paragraph 13.09, or (iü) agreed to by the parties;
2. changes in the Contract Price or Contract
Tnnes which are agreed to by the parties, including any
undisputed sum' or amount of time. for Work actually
I'erforitled in accordance witb a Work Change Directive;
and .
,3. changes in the Contîiêt Price or CÓntract
Times which embody the substanCe of any. Written
decîsiort rendere4 . by Engineer pUrsuant. to Paragraph
'~."';ró :O5;""pro{;îãed tñåt;-îïf-liè' f of'--exècUting-"any such -
Change Order,' 'åfi . appeafl11aY be. taken froIÌ1any such
decision in accordance with the provisions of the Contract
DóC\ltnêntsand applicable Lawsånd Regulations, but
during any such appeal, Contractor shall Carry on the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A
10.04
Notification to Surety
A If notice of any' change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
,bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
10.05
Claims
A. Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14~O9, shall be
referred to the Engineer for decision. A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may otherwise have under the Contract Documents
or byLaws and Regulations in respect of such Claims.
Ð. Notice: Written notice stating the general'
nature of each Clainì, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the. start of the event
giving rise thereto. The responsibility to. substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or'exfent of the Claim, with supporting data
shan-be. delivered to the Engineer and the . other party to
the Contract within 60. days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional' or morea"ccurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be .. prepared. in accordance. with the provisIons of
Paragraph 12.01.B. A Claim for an adjustment in Contract
Time. shall be prepared m' accordance With the provisions
of Paragraph 12.02~B. Each Claim shaUbe accompanied
by claimant's written statement that tlte . adjustment
claimed is the entire adjustment to which the clannant
believeS it is entitled' as a. resUlt of said event The
opposing party shall. submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
]
\
"}.
('
~
¡.
C. Engineer's Action: Engineer will review each
Claim and, within 30 days, after. receipt of the last
submittal of the claimant or the. last submittal of. the
opposing party, if any, take one of the following actions
in writing:
1. deny the ClaiIIlin whole or in pìlrt, .
2, approve the Claim, or
, .
""---'.--...--.-.--.-,.....--..........- ..,_...,
3. notifythepârties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial. '
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's Written action under Paragraph
10.0S.C or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
EJCDC C- 700 Standard General Conditions of the Construction Contract. .
Copyright ~2002NationaJ Society of Professional EngineeÌ's for EJCDC.' All ñgbts reserved.
00700 .14)
F. No Claim for an adjustment in Contract Price
or Contract Time$ will be . valid if not submitted in
accordance with this })wagraph 10.05.
ARTICLE 11 . COST OF THE
ALLOWANCES; UNIT PRICE WORK
WORK;
11.01
Cost of the Work
A Costs Included: The term Cost of the Worlc
means. the sum 'ofa11 costs, except those exchldedin
Paragraph 11.01.B,. necessanlyincUITedand paid by
Contractor in the proper performance of the Work. Whim
the value of any Work covered by a Cþange Order or
when a Claim for an adjustment in Contract Price is
determined on the basis ofC()~t()( th~ :Work, the costs to
be reimbursed to Contractor win be only those additional
or incremental costs required Þec~~of the change in the
Work or becauseoí theeYent giving rise to the Claim.
Except as otherwise may be' agreed to hI writing by
Owner, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall include
only the following items,. and shall not include any of the
costs itemized in Paragraph 11.01.B.
1. Payroll costs for employees in the direCt
employ of Contractor in the perfo~,()f the Work
undersched\1les of job classifications, agreed . upon by
Owner and, Contractor, S,J1cb,employees shall include,
without limitation, superintendents, foremen, and. other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
. apportioned ()n the Þ~i§ ()fthejrtþn.e spent on the Work.
Payroll costssl1all in<;luge,but n()tbe limited to, salaries
and wages plus the <;ost of.fring~ 1?enePts, which shall
include, sQCialSe<;qfÍty contr:ib9~ons, unemployment,
excise. and payr()U taxe$",wor1ce~',c()~peI1$ation, health
. and retirement benefits, bonuses,sick leave,vacationand
holiday. pay applicable thereto. The.' expenses of
performing Work outside of. regular working hours, on
Saturday, Sunday, or legal holidays, shallbe included in
theab()ve to the extent authorizeg by Owner.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field'
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor 'with whichJÒ make pay-
ments, in which case the cash. di~counts shall accrue to
Owner. All trade discounts, rebates and refunds. and
returns fÌom sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
bids from subcontractors acceptable to Owner and
Con~c:;tor and shall deliver such bids to Owner, who will
then d~termine, with the advice of Engineer, which bids,
. if any, Will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the baSis of Cost of the
Work plus a f~, the Subcontractor's Cost of the Work'
and fee shall be determined in the. same manner. as
Contractor's Cost of the W orkand fee as provided in this
Paragraph 11.01.
'. 4. ÇOSts of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and ~ccountarits)employed for
services specifically related to. the Work.
5. Supplemental costs in(;l~din.g'tíi~fóÜowing:
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in" discharge of duties
connected with the Wort¿ .
b. Cost, including transportation and mainte-
nance, of all materi~ls,. supplies, equipment,
machinerY, app liáriceS,offiC'e, and teinpdrary
facilities at the Site, and hand tools not owned by
the. workers~ Which are' consumed' in . the perfor-
maIlce . of the Work,. and cost, 'less market' vålue.
of such items used but not consumed which
'relIlain the property of Contractor.
c. Rentals of all. COIiStrQCtloi1 equipment. and
machinery, and the parts thereof whether rented
from Contractor or othþ1ì in accordance With
rentâl agreements approved by öWhèr with the
advice of Engineer,' ånd the costs of
transportation, loading, unloading, assemQly,
dismantling, and remo\lål thereof. All suðl1¿osts
shall be in accordance with the terms of said
. ----_l"~I!~t~gre~IJ:l~nts. The, rental of any such equip-
ment, machinery, or pårts shaifcease -wl1en the
use thereofis no longer necessaty for the Work.
d. Sales, consumer, uSe, and other similar taxes
related"to the Work, and for which Contractor is
liable, iffiposed by Laws and Regulàûons.
e. Deposits lost for causes other than negligence
of Contractor, ,any Subcontractor, or anyone
. directly or indirectly employed by any of them or
for whose acts any of them may be liable, " ånd
royalty payments and fees. for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated
by . insurance or otherwise, sustained by
Contractor in connection with the performance
of the Work (except losses and damages Within
the deductible amounts of property insurance
established in accordance with Paragraph
EJCDC C-700 Standar4 Gen,rål(;()nd'liîôns of the Coßstrudion Colltract. ' .
Copyright <Q 2002 National Society ofProfessi~n;lÊ~gi;;mfôr'EJêDc,'ÁÍI rlihiS'ieserved.
00700 - 30
3, Payments made by Contractor to
Subcontractors, for Work performed by Subcontractors. If
required by Owner, Contractor shall" <,>btain competitive
S.O6.D), provided such losses and damages have
resulted ITom causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements inade with the
written consent and approval of O\Vner. No such
losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of
determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary
f~citjties at the Site.
h. Minor expenses such as telegrams, long
disU41ce . telephone calls, telephone service at the
Site, expresses, arid similar petty cash items in
. connection with the Work.
i.The c9stsof prênûùms for all bonds and
insùrånce Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shan notind\)deany oftlÌe folloWing items:
. ... . .
,1. p'ayrollcosts and other compensation of
Contractor's. . ôfficers, exeCutivèS, principals (of
Partne~hips and sole proprietorships), general managers,
safetY'. mariagers, engineers,architeêts, .estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expedit~rs, . . titnekeepers, clerks, and other
personn~rêm.ploYed by Contractor, whether at the Site or
. in CÔIl~actor's principal or branch office, for general
admWsirati9,n. of. the Work~dpôt.. specifically included
in th~agreed upon schedûlê of job dassifications refeJTed
tom)'aragrf\p\1 q.OI.,A.l, or specifically covered by
P~âgra.pli'l [OrA.4, , at19( whiçñ ~ t() ~ ,considered
adDtiDi~tr~~vecostscov~r~by theContTactor's fee.
. ,.', .+~Êxp~ês9(èónnictor's prlncipaland branch
offi~ésoilièi tha11' ContraCtor's office, at the Site.
. 3.1>..rJ.Y part of Contractor's capital expenses,
inclpdmgintéie~t oIl.. Contractor's capital. employed for
the Work"and charges agáinst Colltractor for delinquent
payments.
4. Costsdùe to.the negligence of Contractor, any
Sub<;ontraçtor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, Î11cluding but not limited to, the con-ection of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property..
C. Contractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee shall
be detennined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12.01.C.
. ..
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish'
and maintain records thereof in accordance with generally
accepted. accounting practices and subnût in a form
acceptable to Engineer an. itemized cost breakdown
togethèr with supporting data. '
11.02
Allowances
A. It is understood that Contractor has included
in the Contract. Price all allowances so named in the
'Contract Documents and shall cause the W orkSü covered
to be performed for such sums and by such persons' or
entities as may be acceptable to Owner and Engineer;
B. Cash AllowanCes
.1. Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required. by the
allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling
on the Site, labor, installation, overhead, profit,
and other expenses contemplated for the cash
allowances have beeri' included in the Contract
Price and riot in the allowances, and no demand
for additional payment on account of 'any of the
foregoing will be valid,
ç. ç~!ltingeJ1CY Allowance
1. Contractor agrees that a contingency'
allowance, if any, is for the sole use of Owner to covet
unanticipated costs.
D. Prior to fmal payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work
covered by allowances, and the Contract Price shall be
con-espondingly adjusted. .'
11.03
Unit Price Work
A. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to 'the sum of the unit price
for each separately identified item of Unit Price Work
EJCDC C-700 Standard General Conditions ortbe Construction Contract.
Copyright e 2002 National Society oCProCessioital EngineerS for EJCDC. All rights reserved.
00700 - 31 .
5. Other overhead or general expense costs of'
any kind and the costs of any item not specifically and
expressly included in Paragrâphs 11.01.A and 11.01.B.
ì
Æ
times the estimated quantity of each, item as, indicated in
the AgreemenL '
B. The estimated quantities of items .of Unit
Price Wark are nat guaranteed and are solely for the
purpose of comparison of Bids and determining an initial
Cantract Price. Detenninatians .of the actual quantities
and classifications, of Unit Price Work perfonned by
I ': Cantractar ' will be made by Engineer subject ta the
provisians of Paragraph 9.07.
C. Each' unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified .item.
, 'P. 'Owner or Ç9IltÎ1Ï<:!°J:Dlay make 'aClaiIn (or
ail adjustment' m th~èontra¿tPrice Ú1 accordlmce with
ParagraplllO,OSif: '
1. the quantity .of any item of Unit Price Work
perfonned. by Contractor differs materially and 'signifi-
<:~tly frômtlte estimated quantity of such item indicated
,m th~Agreetrient;, aIld '
, ., 2~ 'there is no c()rresponding" adjustment with
, respe;ct.aIlyatl1# iteiÌ1 ofWark; arid "
3~C~Iltni¿tðr beHeves' thåtCoIltråctor is entitled
t~å11inêre~; itÎêòntractPriêe~å'result Øf håvhîg
incurredaddiîioIlal ~xpe~e or O~er belieVes thâtOwner
is entitled ta a decrease in Contract Price an4 the parties
are unable to agreè as to the amouIlt .of any such increase
.or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
êHANGEÖFCdNTRAcT'TlMES "
..' '
. ,1:Ú5I '" -,Change d/Çò'nifiiétPrice .
" ,
A. The Contract Price may only be changed by a
<Ç}¡ange Or;qe;r. Any Claim far anadj\1Stment in the
Contract Price shall þe qasedon~~teQ,noti~e submitted
by the party making the Claim to the Engineer and the
other party to the Contrac~ in accordance with the
provisions of Paragraph 10.05. .
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be detennined as follows:
1. where the Work involved is covered by unit
,prices contained in the Contract Documents, by applica-
tion" .of such unit prices to the quantities of the 'items
involved (subject to the provisions of Paragraph 11.03);
or
2. where the Wark invalved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with Paragraph 12.01.C.2); .or
3. where the Wark itÎvalved is not covered by
unit prices contamed in the, Can tract Docume~ts' and
agreement to a lump sum is not reached under Paragraph
12.01.B.2, on the basis .of the, Cast .of theW ark.
(detenninedas provided in Paragraph 11,01) plus Ii
Con~actor's fee far overhe;ad and profit (fJetermitied as
pravidedin Paragraph 12.01.C). "
C. Contractor's Fee: The Cantractar's fee for
overhead and profit shall be determined as follows:
, ,
1. a mutwlllyaccePtable fIXed fee; .or
.' 2.ifatixed fee is nat agreed upon. thc:n a fee
baseq on the following percentages of the Various portions
, oftb.e Cast of the Work.: " " ,
a. for costs incurred ~!Jer Paragraphs 1 t~Ol,.t\.1
and 11.01.A.2, the Can~ctoÙ f~shall be .15
percent;
b. for costs incurred under Paragraph 11.01.A.3,
the. Con~ctar'~ fee shall be,five percent;
c. where one or maretief$ofs~þcoÌ1tråctsare on
theþasis of Cost of the Wark plus ~.f~~d,no
fix,ed fee is agreed upon, the mtent .of Parag(aph
12.01.C.2.a is that' the Subcontractor who
actually. performs tb.e Work, at whatever tier,will
be paid a fee of 15 perç~t .of the costS in<:urred
by such SUbcontractpr un.der P~agraphs
1 1.0 1.A. 1 and 11~O1.A.2~4 ~t an~ 1li.gher tier
Subcontractar and Contractor will.~ac\1be paid a
fee .of five percent .of the amount paid ta the next
lower tierSuþcantr~ta....
d. qa fe;e shall be payable an tb.~ basis,ofçosts
iternizedunder Paragraphs 1 LO1.A.4, 11.01.A.5,
and 1l.01,B; , , '
e. the amount of credit ,to be allawed by
Contractar "ta , Owner farfUlY change which
results in a, net decrease', in " ,~ast will be, the
amount .of the actual net decrel;ise in cost plus a
deduction in Contractor's fee by an amaunt equal
'to five percent of such net decrease; and
f. when both additi()ns and credits are involved
in any .one' change, . the àdjustme;nt in
Contractor's fee shall be COJIlputed an"the basis
of the net change in accordance with Paragraphs
12.0I.C.2.a through12.01.C.2.e, inclusive.
EJCDCC- 700 Standard Gene~!C9nditions of the (:onstrQdioD Contract.
Copyright ~ 2002 National Society ofProfessi9n .1 Engineers for EJCDC, AU rigbts reserved. '
, 0O7~-32 '
12.02
Change of Contract Times
A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will' be determined in
accordance with the provisions of this Article 12.
12.03
Delays
A. Where Contractor is prevented from
completing any part of the Work within the Contract,
Times due to delay beyond the control of Contractor, the
Contr~ct Times will be extended' in an amoUnt equal to
the time'lost due to such, delay if a Claim is made therefor
as provided in Paragraph 12.02:A. Delays beyond the
control of Contractor shall include, but not be limited to,
acts or neglect by Owner, acts or neglect of utility owners
or other contraCtors perfonping other work as contemplat~
ed by Article 7, fires, floods,' epidemics; abnormal
weather conditions, or acts of God.
B, If Owner, Engineer, or other contractors or
utility owners, perfom1ing other work for Owner as
, corttèri1plated by Article 7, Or anyone for whom Owner is
resporisìble, delays; disrupts, or interferes with the
perfonnance or progress of the Work, then Contractor
shall be entitled to an equitable adjustment in the Contract
Price or the éontract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is
conditioned on such adjustment being essential to
CoritT~êto~'s âbiliW'.tèì complete. the Work within the
Contract Times.' ' ,
C If Contractor is delayed in the performance or
progress of the Workby fire, flood, epidemic, abnormal
weather conditions, àcts of God, acts or fàilures to act of
utility owners '. not under the control of OWner, or other
causes not the fault of and beyond control of Owner and
Contractor then Contractor shall be entitled to an
, "
equitable adjustment in Contract Times, if such
adjustment is ~sential to Contractor's ability to complete
the Work within the Contract Times. Such an adjustment
shall be Contråctor's sole and exclusive remedy for the
delays described in this Paragraph 12.03,C.
D. Owner, Engineer and the Related Entities of
each of them shall riot be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and' other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delaYs
within the control of Contractor. Delays attributable to
and within the control of a Subcontractor or Supplier shall
be deemed to be delays within the control of Contractor.
ARTICLE 13 TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01
Noticè of Defects
A. Prompt notice of all defective W <:irk of which
Owner or Engineer has actual knowledge will, be given to
Contractor: All, defective Work may be, rejected,
corrected; or accepted as provided hi this Micle 13. ,
13.02
Access to Work
A. Owner, Engineer, their consultants 'alui other
representatives and personnel of, Owner, independent
testing laboratories, and goveninlental' . agencie~ with
jurisdictional interests will have access to the Site and the
Work at reasonable times for th¿ir~bservation,
inspecting, and testing. Contractot sha11 pf()vid¿them
proper and safe . conditions for such' access' and advise
them of Confnictor's Site safety procèdurês., and programs
so that they may comply therewith as åpp1icablê. '
1
.
.
,J',
13.03
Tests and Inspections
A Contractor shall give Engineer timelynoûce
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to faciHtate r~lred inspecûo~odests.
B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1. for inspections, tests, 01' approvals coverëd by
Paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with teSts or
inspections conducted pursuant to Paragraph 13.O4.B
shall be paid as provided in said Paragraph 13.O4.C; and
3. as otherwise specifically provided in the Con-
. tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part. thereof)
specifically to be. inspected, tested, or approved by an
employee or other represèntative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
EJCDC C~ 71)0 Standard GeRen) Conditions of the Construction Contract.
Copyright @ 2002 National Society ofJ>rof~sional Engineers for E.JCDC. Ali rights reserved.
. 01)700 .33
costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor' shall, be responsible for arranging
and obtaining and shall pay all costs in connectionwitJ:Í.,
any insp~tions, tc:sts, or approvals required forOWIler's
and Engineer's acceptance of materials or eqùipment to
. be incotpOrated in the Work; or accep~ce of materials,
{ . mix designs, or equipment submitted for approval prior to
Contractor's purchase therc:of for, incotpOration in the
Worlc. Such inspections, t~~,. Or approvals sluill be
performed by organizations acceptable to OWner and
Engineer,
,-..,E. liany Work (or.the work of o,thërs).that is to
be inspected,tested, or approved.is covc:red.byContraçtor
without, written ,concurrence of ,Engineer, it must, if
requested by Enginec:r,be ~ncove:rc:d .for oÞSC:rvation.
F. Uncovering Wo* 88.. provided in Paragraph
13.03.Eshall beat Contractor's expense, unless
Contractor has given' ",' Epgineer timely notice 'of
, Contractor's intc:ntionto coYc:r,Jþe, satIle .amiEngiÌ1eerhas
not acted with reasonablepr()mptne~ in response: ,to s~ch
notice.
.13.04
Uncovering Wor/ç
" '
, '," .
A. lfany Work is coverAA contrarY to the, written
request of Engineer, it must,i(req~estedby Engipeer,be
. uncovered, 'for Enginec:r's oþservation and~pl~?c:4 at
Contractor's expense.' '
B. If Engineer c()~i4c:rsitQecessary()r a4vi~ple
that covered Work be observed by Engineer or inspected
or tested by ofuers, ContI1,tctor, at, Engineer's request,
shaJ,l '$coVer, exp(>se, 01' otb~se.,JAalç~avàAaþl~"for
obserVatiop,iIi$pec:;tion, ,oI'tc:~ting.as. I::ngin~r Inay
'require, thatporti()pof tÞe~()r~.m.quc:sti()p,furnis1ûng
. --.uùLneœ$S8tYlaho.r~.mJ!tc:.riaJ,OO~.~gyjpm,ep~._", "
" " . '
C. If it is fou~1(t ~t, the uncoyerèdW()rk is
defective, ," Contraçt()1' . shall pay all., cla~" costs, losses,
" 'i ", ',', "" '", , '.
and d~ges (includingþyt not J1JAÏte.d t9 all fees and
charges of enginc:ers,aI'cþit~ts, ,attoffie.ys,and other
professionals and ~c.o~ ()I' arbitrati()n(}.L2th~rØispute
resolution costs) arising outof()r telatjng to such
uncovering, . exposure, observation, inspection, and
testing, and oLsatisfactoryreplacetpent ofreconsiruction
(including but not limited~oaU,costs, òi repair or
replacement of worle of others); and Owner slutllbe
entitled to an appropriate decreaseiqtl1c: Con~ctPrice.~ If
the parties are UÍlable to agree as to the amount' thereof,
Owner may make a,' Claim. therefor as provided in
Paragraph 10.05.
reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05
Owner May Stop the Work
A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or' suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract,
Documents, Owner may order Contractor to 'stop the
Work, or any portion thereof, until the cause for s1lch
order, l1as, beèn eliminated; however, this right of Owner
to stoP the Work shall not give rise to MY duty on thepart
of Owner to exercise this right for the benefit of
Contractor, any Subcontractor, any Supplier, any other
individual or entity, oranýsittety for, or employee or
agent of any of them. .
Correction or Removal ofIJêjèctive Work
A. Promptly after receipt of notice, ContraCtor
shall, çorrect all defective Work, whether or not
faÞricatêd, inStaUed" orcompletc:d,' or, if the Work has
been rejected by Engineer, remove it fTornthe Projecfand
replace it with Work that is not defective.Contråclor shall
pay all claims, costs, losses, and damages (including but
not limited toall fees and êhåtges of engineers, architects,
att()p1eys, and, other professionals and all court or
arbitratiollor other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not linrifed to all costs of repair or replácemei1t of' work of
others). .
13.06
B. ,When correcting defective Work under the
terms of this Paragraph 13.06 . or. Paragraph 13.07,
, Co,ntractor shall take. no acti?n that would void or
otherwi,se impair Owner's special warranty and guarantee,
if any, on said Work.
ÚÚ.Ò7
CórrectionI'eriod
A. If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the terms of' any applicable special
guaranteè required by the Contract Documents) or by any
specific provisioll of the Contract Docwnents, any Work
is found to be defective, or if the repair of any damages to
the land or areaS made available for Contractor's use by
Owner or permitted' by Laws' and Regulations as
contemplated in Paragraph 6.11.A is found to be
defective, Contractor shall promptly,. .without cost to
Owner and in accordance with Owner's writtœ
instructions:
1. repair such defective land 01' areas; or
, '
D. It: the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, direCtly attributable to such uncovering, exposure,
. observation, inspection, . testing, " replacement, and .
, EJCDC C- 700 Standard General Conditions ortbe Construction Contract.
. Copyright ~ 2002 National SOciety or Professional Engineers for EJCDC. Au rights reserved.
00700 -34 '
2. correct such defective Work; or
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with
the teqnsof Owner's written instructions, or in an
emergency where delay would cause serious risk of Joss
or damage, Owner may have the d~fective Work
corrected or, repaired or may have the rejectedWòrk re..;. ,
moved and replaced.A11 claims, costs, losses, and
damages (including but not limited'to all fees and charges
of engineers, architects, attorneys, and other professiortals
and all court or arbitration: or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs., of repair or replacément of work of
others) will be paid by Contractor.
C, In. speCialcircums~ces where a pårticular
item of equipment is p1âced inconti,nuousservicebefore
SubsÙlPtial.. Completion of' all the :Work, the correction
periçd for that item mày starf to ~ from an earlier date if
~provided in the Specifi<;atipns. '
Rwh,ere defectiv~ W çrJc (and ~getôother
, Work r~sulting therefrom) has been correCted or fetnOved
and replaced under this P~graphJ3.07, thecörrectiôn
period hereunder with respect to'sucb Work' will be
extended for an additional period of one year after such
correction or, removal and replacement bas been
satisfactorily completed.
1;,Ço!ltraçt()r's. ()bligatiçP8 under this Pai1Jgtåph
13.07 are inaddiÏion to any ôtheròt,1igåtÎonor wartåriiy.
The provisions of this Paragraph '13.01 shaft not be '
construed as a substitute for or .a ~ive~ of theprovis.ions
of any applicable statute ofliDîítatïônofr¿poSe. '
13.Q8" ," Å~c:il'tance ofDejeètive Work .,'
Contract Price, reflecting the diminished value of Work
so accepted If the pårties are unable to agree as to the
amount thereOf, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs
after such recommendation, an appropriate amount will be
paid by Contractor to' Owner.
1
!
13.09
Owner May Correct Defective Work
A If Contractor fails within a reasonable time
after written notice from ~ngineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance wj.th Paragraph 13.06.A, or if
Contractor fails to perform the Work in accordance with
the Coqtract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Ownêtmay, after seven days written notice to Contractor,
correct or remedy ahy such deficiency,
B. In exercising the rights and remedies under
thisParagtaph 13.09, Owner shall, proceed expeditiously.
In connection With such corrective or remedial action,
Owner may exclude Contractor from aU or part of the
Site, take' possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor. shall allow, Owner, Owner's
representatives, agents and employees, Owner's Qther
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages
(inCluding bÜtnot limited to aU fees and charges of
erigineers,'architects, "attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) mcurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charge'd againSt Contractor, and a Change Order will be
issued iricorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrèase in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and. damages win 'include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by cottection, removal, or replacement of
Contraètor's defective Work.
. ' ,Â. If, ins!ead JJf requiring correction or removal
and replace~ent of defective Work, OWIler (and, prior to
Engineer's recommendation of fmal payment, Engineer)
prefers to ilcpept it, oWner may do so. Contractor shall
pay. all claims, costs, losses, and damages (including' but
notlimitèd to all fees and charges of engineerS~ architects,
attorneys, and other professionals and' all '. court or
arbitration or other dispute resolution costs) attributable to
Owner's~valuation of and determination to acceptsuch
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any such acceptance oCcurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
Owner shall be entitled to an åppropriate decrease in the
EJC~ <::-700 Standard General Conditåøns of the ConstructionContrad, ,
Copyright @ 2001 National sOcletyofProfessionaÎ Engineen for EJCDC. ,All rights reserved.
, All.,"" - "tc
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
perfonnance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01
Schedule ofVa/ues
A The Schedule of Values established as provid-
. ed in Paragraph 2.07.A will serve as the basis for progress
paymèntsand will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of uriits completed. .
14.02
Progress' Påymenls
A. Applications for Payments
. 1. At least 20 days before the date established in
the Agreement for each progress påyment (but not more
often,'tl1årioDèe a month),Còntra'êtòrshallsubmit to
Engineér foTre-View an Application forPayinent filled out
and sigrloo by Contractor covering the Work completed as
of the date of the Application andåccompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requesteð on the' basis of
materials and equipment not incorporated in the Work but
. delivered and' suitably' stored at the Site or at another
locatioI1agféedtoin.WrÏting, the Application for Payment
shalFâlso bêaêcomþanièd by abilJ of sale, invoice,or
otherdób.tmditåtion warrantingtha:t Owner haS received
the . materials añdequipment' free and clear of all Liens
and evidence that the materials añdequip-m:ent are
covered by appropriate property insurance or other
arrangements t6 protect Owner's interest therein, all of
which must be satisfactory to OWner.
2. B~ginriing with the second Application for
., PayIitêìit, eà¿fi;~ppìicaû()n sha1Î include an affidavit of
Contractor stating that 'all' . previoûsptögress pàym.ents
received on account of the Work have been applied on
átcdùi1t'to' diSCtiàrge' Contråctor's legitimate obligations
. ~ociated with prior ApplicationS for Payme-nt.
. '
. 3:'I1îè'arno\lnt of retainage with respect t6
. pfôgféSS' Þ~rnents will be as stipulated in the Agreement.
B. Revîëw of Applications
, '}:l~ngírieer will, within 10 dliys' after'receipt of
each Application for PayII1eIlt,either indicate in writing a
'recomnîendatiònof payment and present the Application
td Own~r or ieturIÍ the Application to Contract6r
indicati~in writing Engineer's reasons for refusing to
reCdrnmend payment. In the latter case, Contractor may
. niake the necessary cOJTections' and resubmit the
, Application~
2. Engineer's recomnîendation of any payment
requested in an Application for Payment will constitute a
representåtion by Engineer to Owner, based on Engineer's
observations on the Site of the executed. Work as an
. experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that t6 the best of
Engineer'.s ~owledge, information and belief:
a. the Work has progressed t6 the point indicat-
ed;
b. the quality of the Work. is generally in accor-
dance with the Contract Docu.ment$ (subject to '
an evaluation ofth~Work ¡¡sa functioning wl1ole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantìties and'claSsifications for Unit Price Work
under Paragraph 9,07, and to any other
qualifica~ons stated m the recommendation); and
c. the conditions precedetJ.tto Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to obserye. the Work.
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extendedt6 every aspect
of the Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned t6 Engineer in the
Contract Documents; or
b. that there métY not.be other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold paymeI1t to Co.ntractor.
4. Neither ,Engineer's review of Contractor's
Work for thepurpost:$ Qf reco~eJlding paymeJ1.ts nor
Engineer's recommendation of any payment, mcluding
final payment, .will impose responsiþility on Engineer.
a. to supervise, direct, or control the Work, or
b. ror the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs incident thereto,
or
c. for Contractor's failure to comply with Laws
and Regulations applicable to Contract6r's
perfonnance of the Work, or
d. to make any examination to ascertain how or
for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
EJCDC C-700 Standard General Conditions of the Construction Contract,
Copyright,@ 2002 National Society of Professional Engineers for EJCDC. ' AU rights reserved.
00700 - 36 '
, "
. '
C. If Engineer co~iders th~ Work substantially
complete, Engineer will ,.deliv~toOwJ.1er a. tent8;qve
certificate of Substantial Completion which shall fiX the
dat~o{;Substantial c:ompletion.There.shallbe attached to
the. certificate a ten~tive listof iteßlS to 1:ieçompleted or
coITected before final payment: Owner sÌ1a11have seven
dayS after receipt of the t~ta~ve certifi~te during which
to make written objection to Engineer as to any provisions
of the certificate or attached list: If, after considering šùch
objections, Engineer concludes that the, Work is . not
substantially complete, Engineer will within .¡ 4 daysàfter
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If, after
consideration. of Own~'s objections, Engineer considers
the Work, substantially complete, Engineer will \VÏthin
said 14 days execute and deliver to Owner and Contractor
a d<;fmitive certificate of Substantial Completion (with a
revised, tentative list of iteßlS to be completed or correct-
ed) reflecting, such changes from the tentative certificate
as Engineer believes justified after consideration of any
. objections from Owner.
EJCDC C-700StanéìardGeneral Conditions of" the Construction Contract.
Copyright <0 2002 Nâtlonal Society of ProfeSsional Engineers forEJCDC, All rights reserved.
00700-37 .
/
e. to detennine that title to any of the Work,
materials, or equipment has passed to Owner free
and clear of any Liens.
5. Engineer may refuse to recommend the whole
or any part of any payment if, in Engineer's opinion, it
would be incOITect to make the representations to Owner
stated in Paragraph 14.02.B.2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the resUlts of subsequent
inspections or tests, revise or revoke any such payment
recóìnnìendation previously made, to such extent as may
be necesSary in Engineer'sopinioÍlto protect Ownerfrom
loss because: " ,
a. the W(j(k is defective, or completed Work has
been 'damaged, requiring cóITeCtion' or' replace-
ment; .
b. the Contract Price, has . been reduced by
Change Orders;
c. Owner has been required to' correct defective
Work or complete Work in accordance with
Paragraph 13.09;ör '
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph15.02.A. . .
C. Payment Becomes Due
1. Ten days after presentatiön of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject , to the provisions
of Paragraph 14.02.D) become due, and wheti due will be
paid by OwneHo Contractor.
D. Reduction in Pàym~nt
1. 'OWnermâY refuse tortiakepaýlI1ent of the full
amount recoJI1JtÌerided'by Engineerbeêäuse:
a. claimS have been tì1àde against Owner' on
account of Contractor's perfonnance or furnish-
ing of the Work;
b. Liens have been file4 in connectioti with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the ampuntrecommended; or
d. Owner has actual knowledge of the occurrence
of any of the events enûmeratèd in Paragraphs
14.02.B.5.a through 14.02.B.S.c or Paragraph
lS.02.A.
2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount 'so withheld. Owner shall promptly pay'
Contractor the amount so withheld, or any adjustment
thereto agreed tó by Owner and Contqictor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
3. If it is subsequently determined that .owner's
refusal of payment was not justified, the amount
wrongfully withhèld shall be 'treated as anamóunt due as
detennined by Paragraph 14.02.C.l. .
14.03
çontractor's Warranty of Title .
A. Contractor warrants and guarantees that title
to. all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project o¡:not, will pass to Owner no later than' the ti~eof
payment ftee anQ clear of a11Liens. . .
14.04
Substantial Completion
A. When Contractor considers the . entire .Work
ready for its intende4 use C:°Iltractor shall notifY Owner
and Engìn~in writing thatth~. entire Work is
substaJ!,tial1y complete. (except for items spec,ifically listed
by Contractor as in,cQmplete) atld request that Engineer
issue a ~rtificate of Substantial Completion. .
B. Promptly after 'Contractor's notiflcapon, ,
Owner, Contractor, and Engineer. shall ni~e . an
inspection of the Work to determine the status of
completion. If Engineer does not. c()11!Iider the Work
substantially complete, Engineer:will 1).()tify Contractor in
writing giving the reasons therefor, .
D. At the time of delivery of the tentative
certificate of Substanti"~IÇompletion, Engineer will
deliver, to Owner and Contractor a written recommen-
dation as to division of responsibilities pending final
payment between Owner and Conìr<!.ctor with respect to
security, operation, safety, and protection of the Work,
" maintenance, heat, utilities, insurance, and warranties and
t . guarantees. Unless Owner and Contractor agree otherwise,
in writing ,and so inforin Engineer in writing prior to
Engineer's issuing the definitive certifiçl\te .of~ubstantial
Completion, ,Engineer's afore$¡Úd~cO11)ßlendátionwill
be binding on Owner and Contractor until fiital paymeIlt.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
14.05
Partial UtiliZation
A. Prior to Substantial Completion of all the
Work, Owner may, use ,or occupy any substantially
completed part of the Work which bas specifically, been
i4~ntified- in the Cpn~~ct QRcJJID~ ]Js, Or which ¡Own~r,
Engineer, and Contractor àgree constitutes a separately
- functiqning and usaþle part of the W Qrktluit cap be used
by OwnerJor its intended purpose without significant
interfe~~e, ~tþ C()ntJ:act()f~~ - perfo1"D1ance of the
rema~d,er ,of the Work, subject:to the follówingcondi-
tions.
1. Owner at any time may request ContJ:actôÌ' in
Writing to pennit Owner to use, or occupy any such part of
the Work which Owner believes to be ready for, its
intended use and, substantially complete. If and when
Contr~ctor . agree~, that¡ ¡ ,suc~ ¡, ¡>art of the ,¡ W or~ ' is
substantially complete, Contractor Will certify to' OWner
apd, EngineerØ1atsuc.11 part of the W 0* ~ substantially
cØmplete and, requestEngm.eer tQ issue a certifiç,ate of
S~bstanti~ CoDlpletion{or that part of the Work.' .';-...
2~ ç:ontractor at any time may notify Qwnerand
Engineer in writing that Col1tractor consid,erSanysuch
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
3. Within a reasonable'time after either such
request, Owner, Col1tractor, and Engineer shall make 'an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
not~fy Owner and Contractor in writing giving the reasons
therefor. If Engineer consid~rsthat part of the Wörk to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the diVision of
responsibility in respect thereof and, access thereto.
4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding property
insurance.
14.06
Final Inspection
A. Upon written notice ftom Contractor that the
entire, Work or an agreed portion thereof is complete,
Engineer will promptly make ,a final inspection with,
Owner and <;ontractor and will' notify Contractor in .
~tiÍ1gof all particUlars in which this' mspecûon 'reveals
that the Work i~incol11plete or defective. Còntractor shall
immediately take such measures ¥, áre' necessary to
complèie such Work or remedy such'defici~ÍÎcies~
14~07
FinalPayment
A Application for Payment
.' ,', 1. After, ContractoI: has, in the; opinIon of
Engineer, satisfactorily c~mpleted aU corr~tiôns
identified during the final inspe,ctioriand has d~liverOO, in
accordance with the Contract Docimlents, allmaitttenante
and operating instructions, schedules, guañfutees,bbnds,
certificates or other evidence of insurance certific~tesof
inspection, marked-up record documentS (as provided in
Paragraph 6.12), and otherdoCUtÍlent8~Contractor may
,~ç "applicat!on for fmal payment following the
procedure for progress payments. ,", ," '
2. The fuuù Application' for Payment' shall be
accompanied (except as previously delivered) by:
a. all docUß1entation called for intheCöntract
Documents, including but not limited ¡, tò the
evidence of insurance required by Paragraph
5.04.B.7; ',,' -
,,-~: c{)~~1}t{)fthe s~ety,if any, to final ~ayment;
c, a list of alfClaims àgainst owner that
Gontractor believesåre ~ett1eá; ,and"
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien fights
-arising out of or Liens filed in connection with
the Work.
3. In lieu of the releases or Waivers of Liens
specified in Paragraph 14.07.A2andas' approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contr~ctor that: (i) the releases and
receipts include all labor, seivices,material, and
equipment for which a J:,.ien could be filed; and (ii) all
payrolls, l11aterial and' 'èquipment ' bil1$, 'and' other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any SubcontraCtor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright CJ2002 National Society of Professional Engineers for EJCDC, ÀII rights reserved.
00700 - 38 '
satisfactory to Owner to indenmify Owner against any
Uen.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
the Work during construction and fmal inspection, and
Engineer's review of the final Application for Payment
and accompanying. documentation as required by the
Contract Documents,.Engineer is satisfied that the Work
has been cotnpleted . ~d Contractor's other obligations
under theCdntractDocuments have been fulfilled,
Engineer will, witlûn. ten days after receipt of the fmà1
Application. for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the. same tînie
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provjsioll$ of Paragraph 14.09. Otherwise, Engineer will
retumthe Application for Payment to Con~ctor, indicat-
ing Ìt1,Wiiting the reasons for refUsing to rec°tnnlend finåI
p~Yment, in whichc'cåŠé.. Contractor, sha1l make the
llec~sarycorrectionSaf1d resubmit the. Application for
Payment. .
C. Payment Becomes Due
ì.'thiriy dJiySafter the presentation to Owner of
the Application for Payment. and accompanying docu-
Ji1ep.~tion, the amount recommended by Engineer, less
any sum Ówrier is entitled to set òff agairistEngineer's
recommendation, including but not limited to liquidated
damages, will become due and , will be paid by Owner to
Contractor. ' ,
14.08
Final Completion Delayed
, ,A, If, through no faul~ of Contractor, fmal
compÎetiôn of the -Wôrlèis' significantly delayed, and if
EngÍJ1eer so, conflIJIlS, Owner shall, upon, receipt of
Conirâêtòr'~ firtal Application for, Páyment (for Work
. fully 'cõmpÎi;te'd'and'acëêpiedrând redjm:mendation of
Engineer, and without, ternfuating the Contract, make
pa:ytÍleôt oftJ¡e bala,nce ' due. for that portion of the Work
fuÜy completed andáccepted. If theremàin1ng balance to
be held by OWner for Work notfUllYc~tnpleted or
cOJTected is less than the' retainage stipulated in the
Agreemerit, and if b~nds, have been furnished as required
in Påra8råph5.01, the written consent of the surety to the
payment' of the balance due for' that portion' of the Work
fully' còmp1eted and' accepted shall be submitted by
Contractor '. to Engineer with, the Application for such
paYment. Such payment shall be made ûnder the terms
and conditions governing final payment," except that it
'shall not constitute a waiver of Claims.
14.09
Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special.
guar~tees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
2. a waiver of all Claims by Contractor against
Owner other than those previously made in aCcordance
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01
Owner May Suspend Work
A At any time and without cause, Ownerriiay
suspend the Work or âI1y portion thereof for. a period of
not more than 90 conseêutive days by notice in writing to
Contfactorand Engineer which Wi1lfix the date on which
Work will be resUmed. contractor shall resume the Work
on the date so fixoo. Contractor sh~ be granted an adjuSt-
ment in thè CoJltracfPrice Òr an extension of the Contract
Times, or both, directly attributable' to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
'¡¡
~
~
15.02
Owner May Terminate for Cause
A The occurrence of any onè or more of the
following events will justify tennination for cause:
1. Contractor's persistent failure to perfonnthe
Work in accordance with the Contract Documents
(including; but not limited to, failure to supply sufficient
skilled workers or suitable materials. or equipment or
failure to' adhere to the ProgreSs, Schedule established
under Paragraph 2.07 as' adjusted from time to time
pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction; ,
3. Contractor's disregard of the authority of
Engineer, or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its
intent to terminate the services of Contractor.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCDc. All rights reserved.
00700 - ~9
I. exclude Contractor ftom the Site, and take
possession' of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. incorporate in the Work: all materials and
, equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere, an4
, 3. corilplete the Work: as Owner may deem
, expedient
,,' C. If Qvvn~r proceeds as provided in Paragraph
15.02.B, CónÚ'a,ctQr shaIlnot þe entitled to, receive 'any
, further payment' ùntil the' Work iscompletec1. If the
unpaid balance of the Contract Price exceeds all èlåìms,
costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attomeys,and
Qtherprpfessicmals and all court or arbitration or other
dispute re~lutióncosts)sustainedby owner arising out
of or relàtitÎg tQ ~ompleting the 'Work, such excess Will be
paid to "" Contiàciór., If such claìms, ,costs, losses," and
damages"ê:iç~d such UnPaid ",balance~ CdntraètoTshall
pay the difiereJ1cetQ Owner. Sl1chclåitnS, costs, losses,
and damages" incurr~ by Owner will be" reviewed by
Engineer '~to Jheir reaspI)ableness and, when sO
appr9vedbyEDgiri~#, incorporated in aChan~~Order.
When exl;:rÇismg' åhYrigbts or remedies 'Wider this
Paragraph QwÍler shall not bë required to obtain the
lowest price fortlle'W orlc perfontted.
D. Notwithstanding Paragraphs 15.02.B and
15.02.C, Contractor's services will not'be terminated if
Contractor b~gins within sevt:n days of receipt of notice
of intenttó temiinateto coI1'eCt its failure to perfonn and
proc~diligtW-tly to cure sûch fail\ÎÍ'e Witlûnno mote
tl1a.n' 3~~Ys' of~êc:êìpt of s,a1c111otice;
E~' 'Wherê"Contracfui's servIces 'have been'so
, '.. "', 'Y' 'c,'", "" , "
termiJ1~t~d by Owner, the .ierinmatiön WiIlnotaffCèt'any
rights 'ar 'remedies Of OWriêt agåitÎst' êontråCtör thën
existing or which may thereafter accrue,' Any retentioQ. or
payment of moneys due Contractor by OwÍler will not
release CoJ1~çtor from liability.
F. If and to the extent that Contractor has
provided a perfonnance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.02.B, and
15.02.C, '
15,03
Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
. prejudice to any other right or remedy of Owner,
terminate the Contract In such case, Contractor shall be
paid for (without duplication of any items):
1. completed and acceptable Womexecuted in
accordance with the Contract Documents prior to the
effective date of tennination, including fair and
reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date
of tennination in performing, services and furnishing
labor, materials, or equipment as required by the Côntract
Documents in connection 'with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses; , .
3. all claìms,' costs, losses, arid damages
(including but not limited to all fees and charges of
engineers, architects, attomeys, ' 'and, other professionals
and all' court or arbitration or other dispute' resolution
costs) inCUlTedin settlement of terminated coIitractsWith
Subcontractors, Suppliers, and others; and
4. 'reasonable expenses directly attributable to
tennination.
B. Contractor shall not be paid on acCount of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting ITom such termination.
15.04
Contractor May Stop Wòrk or Terminate
, ,
A. If, through no actor fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days.
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
for Payment within 30 days after it is submitted, or (iü)
Owner fails for 30 days to pay Contractor any sumfmally
detenninedto be due, then Contractor may, upon seven
days written notice to Owner and Engineer, and provided
Owner or Engineët do not remedy such suspension or
failure within that time, terminate the Contract and
reCover frOIn Owner pâyment on the same terms as
proVided in Paragraph 15.03.
B. In lieu of terminating the Contract and
without prejudice, to any other right or remedy, if
Engineer has failed to act on an' Application for Payment
within 30 days after it is submitted, or Owner has failed
for 30 days to pay Contractor any sum finally detennined
to be due, Contractor may, seven days after written notice
to Owner and Engineer, stop the Work: until payment is
made of all su~h amounts due Contractor, including
interest thereon. The' provisions of this Paragraph 15.04
are, not intended to preclude Contractor ITom, making a
Claim under Paragraph '10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor's
stopping the Work as permitted by this Paragraph.
EJCOC C- 700 Standard General Conditions of the Construction Contract.
Copyright e 200% National SocietY of Professional Engineers for EJCDC. AD rights reserved.
, 00700 - 40
ARTICLE 16 - DISPUTE RESOLUTION
16.01
Methods and Procedures
A Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision
becomes fmal and binding. The, mediation will be
governed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
Arbitmtion Association and the other party' to the
Contmct. Timely submission of th~ request shall stay the
effect of Paragraph 10.05,E.
B. Owner and Contractor shall participate in the
mediation process in good faith. The pr()cess shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
C. If the Claim is not, resolved by mediation,
Engineer's action under Paragraph; 10.05.C or 'a denial'
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become
final and binding 30 days after termination of ß1e
mediation unless, within, that. time period, Owner' or
Contractor: '
,1. elects in writing to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
2. agrees with the other party to submit the
Claim to. another dispute resolution process, or
3. gives written notice to the other party of their
intent to submit the Claim to a c()urt of c()mpetent
jurisdiction.
, ARTICLE 17 - MISCELLANEOUS
17.01
Giving Notice
A Whenever any provision of the Contmct
Documents requires the giving of written notice, it will be
deemed to have been validly given if:
1. delivered in person to the individual or to a
member. of the firm or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or certified
mail, postage'prepaid, to the last business address known.
to the giver of the notice.
17.02
Computation of Times
A When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the fltSt and include ~e last day of such period, If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal ,holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03
'-'
Cumulative Remedies
A. The dútiesand obligations' imposed by these
General. Conditions and the rights and remedies. available
hereunder to the parties hereto àJ'e in additioll to, and are
not to be construed in. any way as a 'limitåtioIl. of, any
rights and remedies available to any or aU of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee~ or by other
provisi()ns of the Conträêt Documents. The provisions of
this Paragraph will beag, effective as ,if repeated
specifically in the Contract Documents in connectiòn with
each particular' duty, obligatio~ right,' aIld remedy to
which they apply.
~
f
¡i
.~
17.04
Survival of Obligations
, A. All representations, indemnifications, warran-
ti~s, and guarantees made in, required by, or given in
accordance with the, Contract Doc::uDÌerits, as wéiïaS' all
continuing obligations indicated in the ContractlJocu-
ments, will survive final' payment, completion, and
acceptance of the Work or tennination orçompletion of
the Contract or tennÎJ1ation of the services of Contractor.
, ' , ,
17.05
Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06
Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
ef these General Conditions.
EJCDC C- 700 Standard Ceneral Conditions òf the Construction Contract.
Copyright e ZOO2 National Society of Professional Engineers for EJCoc. All rights reserved.
00700-41 .
SUPPLEMENTARY
CONDITIONS
._- -.-. --.
OSHKOSHFI-82859
SUPPLEMENTARY CONDITIONS
TABLE OF CONTENTS
ARTICLE
GENERAL... ...... ............ ...... ........ ......... ... ......, "'" .... ..... ......,. ........ ...... ........ ... ......... ............ .......... ...... ..........
1
Definitions and Terminology """"".'."""'.""""""."."""""""."""'".".,.""""""""""",.",.."."""
2
Prelin1Ínary Matters ....... ... ..... ............. ... ....... ...... ..°...... ....... .............. "".""...."°' ... ......... ........... ...., ...
3
Conlract Documents; Intent; Amending, Reuse .............................................................................
4
Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points """"""""""'.""".'."""""""""".""""""".......................................
5
Bonds and Insurance ......................................................................................................................
6
Conlractor's Responsibiliûes .""""""".".'..".""""."..'."""""."""................................................
9
Engineer's Status During Conslrucûon ............................................................................°.............,
10 Changes in the Work; Claims........................................................o""""'.""""".'........................,..
11 Cost of the Work; Allowances; Unit Price Work ..........................................................................
PAGE NO.
00800-1
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00800-2
00800-3
00800-3
00800-5
00800-7
00800-8
12 Change of Conlract Price; Change of Conlract Times.................................................................... 00800-10
00800-8
13 Tests and Inspections, Correction, Removal or Acceptance of Defective Work............................ 00800-10
14 Payments to Conlractor and Completion........................................................................................ 00800-10
15 Suspension of Work and Terminaûon ............................................................................................ 00800-11
16°. ° Dispute ° Resoluûon ......................................................................................................................... 00800-11
17 Miscellaneous............................ ..................................................................................................... 00800-11
OSHKOSHFI-82859
SUPPLEMENTARY CONDITIONS
GENERAL
.,'
These Supplementary Conditions amend or supplement the "Standard General Conditions of the Construction Contract"
(EJCDC No. C- 700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions
which are not so amende<! or supplemented remain in full force and effect.
,','
The tenDS used in these Supplementary Conditions will have the meanings stated in the General Conditions. Additional
tenDS used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular
and plural thereof.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
SC 1.01
Defined Terms
SC l,Ol,A,S
Delete subparagraph LOLA.8 in its entirety and insert the following in its place:
8. Bidding Requirements - The Official Notice, Notice of Public Hearing, Advertisement or Invitation
to Bid, Instructions to Bidders, bid security of acceptable fonD, if any, and the Bid fOnD with any supplements.
SC 1.01.A,.!9
Add the following language at the end of the definition entitled "Engineer":
Whenever the word Architect is used in the Contract Documents, it shall have the same meaning as the word
Engineer as defined.
ARTICLE 2 - PRELIMINARY MATTERS
SC 2.01
Copies of Documents
Amend the first sentence of paragraph 2.02 by deleting the number "10" and inserting the number "6"
SC 2,03.
Commencement of Contract Times; Notice to Proceed
Delete the last sentence of paragraph 2.03 in its entirety and insert the following in its place:
In no event win the Contract Times CClmml':n.ce to run later than the 91st day after the day of Bid opening or the
thirtieth day after the Effective Date of the Agreement, whichever date is earlier.
SC 2.05
Before Starting Construction
Amend the first sentence of paragraph 2.05.A.3 by inserting the words "except for Unit Price Work," at the beginning of
the sentence.
SC 2.06,
Pre construction Conference
Add the following new paragraphs immediately after paragraph 2.06:
B. The conference will be held at a location selected by Owner and shall be attended by:
00800-1
OSHKOSHFI -82859
1.
Contractor's Office Representative.
2.
Contractor's Resident Superintendent.
3. Contractor's Safety Representative.
4. Subcontractors' or Suppliers' representatives whom CONTRACTOR may invite or ENGINEER may
request.
5.
OWNER's Representatives;
6.
ENGINEER's Representatives.
7. Local Utilities Representatives.
C. A suggested format would include, but is not limited to:
1.
Project safety.
2.
Presentation of the preliminary Progress Schedule in accordance with Section 01330.
3. Liquidated daIilages.
4.
Procedures for handling submittals such as product data, Shop Drawings and other submittals.
5.
Direction of colTespondence, and coordinating responsibility between CONTRACTORS, if any.
'"
~
~
j
6.
Projèct meetings.
7. Equal opportunity requirements.
8. Laboratory testing of material requirements.
. 9. Procedures for inventory of material and equipment stored on-Site or off-Site if off-Site storage is
authorized. . . . .
10. Work Change Directive and Change Order procedures.
11. CONTRACTOR's proposed Erosion Control Plan.
ARTICLE 3. CÔNTRACTDOCUMENTS; INTENT, AMENDING, RUSE
SC 3.03,
Reporting and Resolving Discrepancies
Add the following language as paragraph 3.03.A:4:
4. A request for written interpretation or clarification of the Contract Documents shall be submitted on the
Contract Clarification/Interpretation Request form provided in the Appendix of this Project Manual.
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OSHKOSHFI-82859
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS
SC 4,02.
Subsurface and Physical Conditions
Add the following new paragraphs immediately after paragraph 4.02.B:
C. In the preparation of Drawings and Specifications, ENGINEER relied upon the following reports of
explorations and tests of subsurface conditions at the Site: .
1. Report Dated February 16, 2005, prepared by Earth Tech, entitled Geo~echnical Investigation for
Flood Improvement Projects, and consisting of14 pages~ .
D. In the preparations of Drawings and Specifications, ENGINEER relied upon the following drawings of
physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities) which
are at or contiguous to the Site:
1. Drawings in the City of Oshkosh Drawing files relating to past construction on affected sheets.
.
E. Copies of these reports and drawings itemized in SC 4.02.C and4.02.D that are notincluded with Bidding
Documents but may be examined or obtain~ as described in the Qfficial Notice to Bidders. These reports an~
drawings are not part of the Contract Documents, but the technical data contained therein upon which
CONTRACTOR may rely. CONTRACTOR is not entitled to rely upon other information and data utilized by
ENGINEER in the preparation of Drawìngs and Specifications. ".'
SC 4.06
Hazardous Environmental Conditiòns at Site
Add the following new paragraphs immediately after paragraph 4.06.A:
1. In the preparation of Drawings and Specifications, ENGINEER relied upon the following reports
relating to Hazardous Environmental Conditions identified át the Site:
a. Report Dated June 2005, prepared by Earth Tech, entitled Phase I Environmental Site Analysis,
Anchorage Basin Drainage Improvements, and consisting of 375 pages.
2. Copies òf these reports itemized in SC 4.06.A.l arenot il1cludedwitþ Bidding Documents but may be
examined or obtained as described in the Official Notice to Bidd~rs., Thesç reports are not part of the Contract
J)ocuments, but the technical data contained therein upon which CONTRAÇTOR may rely as identified and
established above are incorporated therein by reference. CONTRACTOR is nqte~titled to rely upon other
infonnation and data utilized by ENGINEER in the preparation of Drawings an<1 Specification~.
ARTICLE 5 - BONDS AND INSURANCE
Add the following language atthe end of Paragraph 5.01.C:
In addition, no further progress payments under the Agreementwill be made by OWNER until CONTRACTOR
complies with the provisions of this paragraph.
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OSHKOSHFI-82859,
~
SC 5,02,
Licensed Sureties and Insurers
Add the following language at the end of paragraph 5.02.A:
~
t
~
A. Acceptability ofInsurers. Insurance is to be placed with insurers who have a Best's Insurance Reports
rating of no less than A-and a Financial Size Category of no less than Class VI, and who are authorized as an
admitted insurance company in the state of Wisconsin.
SC 5.03
Add the following new paragraphs imniediately after Paragraph 5.03.B.
C. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance
requirements or failure of Owner to identify a deficiency from evidence provided shall riot be construed as a waiver
of Contractor's obligations to maintain such insurance.
D. By requiring such insuranc~ and insurance limits herein, Owner does 110t represent that coverage and limits
will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation
on Contractor's liability under the indemnities granted to Owner in the Contract Documents.
SC 5,04
CONTRACTOR'S LIABILITY INSURANCE
.
Delete Sections 5.04, 5.05 and 5.06 in their entireties and replace with the folloWing:
The Contractor shall not commence work under this contract until the Contractor has obtained aUi~suranRe required
under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any
Subcontractor to commence work on subcontract until aU similar insurance required of the Subcontractor has been
obtained and approved. ~
I.
Insurance Requirements For Contractor-Liability, Bonds & Property
A. Commercial General Liability coverage at least as broad as I~surance Services Office Fonns#CG 00 01
07 98 and #CG 25 03 11 85, including coverage for Products Liability, Completed Operations, Contractual
Liability, and Explosion, Collapse, Underground coverage with the following minimum limits:
L
2.
3.
4.
5.
6.
7.
General aggregate limit (oilier than Products-Completed Operations) per project
Products-Cömpleted Operations aggregate
Personal' and Advertising Injury limit .
Each Occurrence limit
Fire Damage limit- anyone fIfe
Medical Expenselimit':'- anyone person
Watercraft Liability, (Protection & Indemnity coverage) if the project work includes
the use of, or operation of any watercraft, then Watercraft Liability insurance niust be
in force willi a limit of $1,000,000 per occurrence for I3odily Injury and Property Damage.
Products - Completed Operations coverage must be canied for two years after .
completion of work.
$2,000,000
2,000,000
1,000,000
1,000,000
. 50,000
5,000
8.
B. Automobile Liability coverage at least as broad as Insurance Services Office Fonn #CA 00 01-0797,
with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage,
provided on a Symbol #1-Any Auto basis.
C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with
sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work
coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage.
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OSHKOSHFI-82859
D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General
Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, wíth a minimum limit
of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximu,m self-insured retention of $10,000.
E. Aircraft Liability, if the project work includes the use of, or operation of any aircraft or helicopter, then
Aircraft Liability insurance must be in force with a limit of$3,OOO,000 per occurrence for Bodily Injury and
Property Damage including Passenger liability and including liability for any slung cargo.
F. Also, see requirements under Section III.
G. Bond Requirements
I. Payment and Performance Bond. If awarded the contract, the contractor will provide to the owner
a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the
contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically
required in the contract documents on the date of the contract's execution.
2. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be.placed
with a bónding company with a Best's Insurance Reports rating of no less than A- and a Financial Size
Category of no less than Class VI.
II.
Insurance Requirements For Subcontractor
, ,
A. All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft
liability), Automobile Liability, Workers' Compensation and Employers Liability, (ifapplicable Aircraft
liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor
requirements contained in Section I. above.
III.
Applicable To Contractors/Subcontractors/Sub-Sub Contractors
A. The City of Oshkosh, the City of Q:¡hkosh's elected or appointed officials, and employees and Engineer
shall be named as additional insureds on all Liabilitv policies for liability arising out of project work. In addition to
the individuals and entitiesspeçified, include as additional insureds the Canadian National Railroad.
B. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of
the work to City Clerk - City of Oshkosh. These certificates shall contain a provision that coverage afforded under
the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the
City of Oshkosh.
ARTICLE 6 . CONTRACTOR'S RESPONSIBILITIES
SC 6,03,
Services, Materials, andEquipment
Add the following new paragraph(s) immediately after paragraph 6.03.C:
D. Basis of Design
,1. Unless otherwise indicated, design of this Project is based upon the material or Supplier's equipment
named flIst in the list of manufacturers in a Specification section. ENGINEER has performed an evaluation of
other listed manufacturers for compliance with the requirements of the Contract Documents.
00800-5
OSHKOSHFI-82859
'~
t
2. When other manufacturers are listed, CONTRACTOR may be required to make modifications or
adjustments, at CONTRACTOR'S expense, to coordinate the installation of the furnished equipment with
associated elements of Work, such as piping and electrical connections, or support and mounting provisions.
SC 6.06,
Concerning Subcontractor's, Suppliers, and Others
Amend paragraph 6.06.B by deleting the words "Supplementary Conditions" in two places and insert the words
"Instructions to Bidders" in their place.
Add the following new paragraph immediately after paragraph 6.06.G:
H. CONTRACTOR shall maintain at the Site a list ofSubcontractbrs and Suppliers, to the extent practicable,
performing Work or furnishing materials on the Project. .
SC6,08,
Permits
Delete the last sentence in paragmph 6.08.A in its entirety and replace with the following:
Unless otherwise specified in the General Requirements or Specifications, CONTRACTOR shall pay all charges of
utility owners for connections for providing permanent service to the Work.
SC 6,10.
Taxes
Add the following new paragraph immediately after paragraph 6.1O.A:
L Contractor shall investigate the statutory requirements for payment of sales taxes and if required shall
include the tàX in the Contract price.
2; If investigation indicates tax exempt status, CONTRACTOR(s) shall forward this information to their
Suppliers in order that the sale of such materials and equipment be properly recorded as a tax-exempt sale.
SC 6,12,
Record Documents
Delete the last sentence ofparagniph 6. 12.Ainits entirety and insert the following in its place:
Upon Substantial Completion of the Work, these record documents, Samples, arid Shop Drawings Will be delivered
to Engineer for Owner.
SC 6,16.
Emergencies
Add the following new paragraph immediately after paragraph 6.16.A:
\
¡
¡
B. In emergencies affecting the safety or protection of persons or property or maintenance of temporâry
construction at the Site or adjacent thereto, and CONTRACTOR cannot be reached, OWNER may act to attempt to
prevent threatened damage, injury, or loss. OWNER will give CONTRACTOR and ENGINEER prompt written
notice of such action and the cost of the correction or remedy shall be charged against CONTRACTOR. A Change
Order will be issued todöcument the change in Contract Price.
00800-6
OSHKOSHFI-82859
SC 6,17,
Shop Drawings and Samples
Add the following new paragraphs immediately after paragraph 6.17.E:
F. Contractor shall furnish required submittals with sufficient infonnation and accuracy in order to obtain
required approval of an item with no more than three submittals. Engineer will record Engineer's time for
reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall
reimburse Owner for Engineer's charges for such time.
G. After ENGINEER has reviewed and approved a Shop Drawing or Sample CONTRACTOR shall provide
the material or equipment approved. ENGINEER will not review subsequent subnúttals of a different manufacturer
or Supplier unless CONTRACTOR provides sufficient information to ENGINEER that the approved materilil or
equipment is unavailable, time of delivery will delay the construction progress but not as a result of
CONTRACTOR's failure to timely pursue the Work or to coordinate various activities properly, or OWNER
requests a different manufacturer or Supplier.
ARTICLE 9. ENGINEER'S STATUS DURING CONSTRUCTION
SC 9,07.
Determinationsfor Unit Price Work
Delete paragraph 9.07.A in its entirety and insert the following in its place:
A. ENGINEER will have authority to detennine the actual quantities and classifications of items of Unit
Price Work perfonned by CONTRACTOR, and the written decisions of ENGINEER on such matter~ WIll be
final, binding on OWNER and CONTRACTOR, and not subject to appeal (except as modified by ENGINEER
to reflect changed factual conditions or more accurate data.)'
SC 9,09,
Limitations on ENGINEER's Authority and Responsibilities
Add the following new paragraph immediately after paragraph 9. 09.B:
1. When ENGINEER is on the Site to perfonn the duties and responsibilities as set forth in the
Contract Documents, ENGINEER will comply with CONTRACTOR's safety plans, programs, and
procedures. In the event ENGINEER detennines that CONTRACTOR's safety plans, programs, and
procegures donot provid~ adequate protection for ENGINEER, ENGINEER may direct its employees to
lea.v~ theproject Site or implement additional safeguards for ENGINEER's protection. If taken, these
actións Wiìlbe ¡nfurtherance ofENGlNEER.ès responsibility to its own employees only, and ENGINEER
will not assume any responsibility for protection of any other persons affected by the Work. In the event
ENGINEER, obs~rves situati()ns which appear to have potential for immediate and serious injury to
persons, ENGINEER may warn the persons who appear to be affected by such situations. Such warnings,
if issued,. shall be given based on general humanitarian concerns, and ENGINEER will not, by the issuance
ofany sucbwarning, assume any responsibility to issue future warnings or any general responsibility for
protection of persons affected by the Worle.
Amend paragraph 9.09.D by deleting the words "14.07.A" and inserting the words" 14.07.A.l" in their place.
00800-7
OSHKOSHFI-82859
ARTICLE 10. CHANGES IN mE WORK; CLAIMS
SC 10,01,
Authorized Changes in the Work
Add the following new paragraph immediately after paragraph 10.01.B:
1. By submission of a Claim CONTRACTOR certifies that the claim is made in good faith, that the
supporting data are accurate and complete to the best of CONTRACTOR's knowledge and belief, and !hat
the amount or time requested accurately reflects the Contract adjustment for which CONTRACTOR
believes OWNER is liable. . .
SC 10,03.
Execution of Change Orders
Add the following new paragraph immediately after paragraph 10.03.A.3:
4. Change Orders will be prepared on the fonn included in the Appendix of the Project Manual.
SC 10.05,
Claims and Disputes
Amend the 6th sentence of paragraph 10.05.B by deleting the words "believes it".
Amend paragraph 1O.05.A by deleting the words "30 days" in the 4th line and inserting the words "10 days" in their
place, and deleting the words "60 days" in the 10th line arid inserting the words "30 days" in their place. .
ARTICLE 11 . COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
SC 11,01 Cost of the Work
Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place:
c.
Construction Equipment and Machinery:
1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with
rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading,
unloading, assembly, dismantling, and removal thereof. All such costs shan be in accordance with the
terms of said rentai agreements. The rental of any such equipment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
2t .... Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such
equipment in the rate book appropriate for the Project. An houtly rate will be computed by dividing the
monthly rates by 176. These computed rates will include all operating costs. Costs wiUinclude the time the
equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading,
assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such
equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary
for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small
tools.
00800-8
OSHKOSHFI-82859
SC 11.02
Allowances
Delete paragraphs 11.02.A.l and .2 in their entirety and insert the following in their place:
1. Cash Allowances: The allowances include the cost to CONTRACTOR (less any applicable trade
discounts) of materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
a. CONTRACTOR's cost for unlòading and handling on the Site, labor, installation costs,
overhead, profit, and other expenses contemplated for the allowance have been included in the
Contract Price and not in the allowances.
2. Quantities Allowances: The allowances include the quantity of material or equipment to be
installed or removed from the Site; and
a. CONTRACTOR's cost for unloading and handling on the Site, labor, installation costs,
overhead, profit, and other expenses contemplated for the allowance shall have been included in the
Contract Price and not in the allowances.
b. CONTRACTOR's cost for removing and loading material or equipment on the Site,
transporting and fees for disposal on or off~ite, overhead~ profit, and other expenses contemplated for
the Allowance shall have been included in the Contract Price. .
c. CONTRACTOR's cost for fllrnishing and installing material or equipment to replace the
removed material or equipment shall include cost for furnishing and installing the material or
equipment, labor, installation cosÙ!, overhead, pl'ofitand other exp~nsescontemplated for the
allowance .shall have been included in the Contract PriCe.
3.
No demand for additionalpaymenton account of any of the foregoing will be valid.
SC 11.03
Unit Price Work
Delete paragraph 11.03.D in its entirety and insert the following in its place:
D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the
following conditions:
1. If the Bid price of a particular item ofUrnt PTice Work amounts to 5% or more of the Contract
Price and the variation in .the quantity of bat p:p1Ïcular. item of Unit Price Work performed by
CONTRACTOR differs by more than 25% from the estimated quantity of such item indicated in the
Agreement; and
2.
ifthe~~ is no corresponding adjustment with respect to any other item of Work; and
3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result
thereof or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the urnt
price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in
accordance. with Article IO.ifthe parties are unable to agree as to the effect of any such variations in the
quantity of Unit Price Work performed.
00800-9
OSHKOSHFI-82859
'i
ARTICLE 12. CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
'~
,.
§
~
SC 12.01
Change in Contract Price
,Delete paragraph 12.01.B.2 in its entirety and insert the following in its place:
2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a
mutually agreed lump sum which includes an allowance for overhead and profit in accordance with
paragraph 12.01.C2.
SC 12.02
Change of Contract Times
Add the following new paragraph immediately after paragraph 12.02.B:
C. Time extensions provided under paragraphs 12.03 of the General Conditions will only be allowed for
controlling items of Work (critical path).
SC 12,06
Delays
Delete paragraph 12.06.B in its entirety and insert the following in its place:
B. If OWNER, ENGINEER, or other contractors or utility owners performing .other work for the
OWNER as contemplated by Artic:1e 7, or anyone for whom OWNER is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, the CONTRACTOR shall be entitled to an equitable
adjustment in the Contract Times. CONTRACTOR's entitlement to an adjustment oftheContract Times is
conditioned on such adjustment being essential to CONTRACTOR's ability to complete the Work with the
Contract Times. Such an adjustment shall be CONTRACTOR's sole andex:clusive remedy for the delays
described in this Paragraph 12.02.B.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
~
SC 13,07
Correction Period
Amend paragraph 13.07.A by deleting the word "one" in the first line and insert the word "two" in its place.
ARTICLE 14 .p A YMENTS TO CONTRACTOR AND COMPLETION .
SC 14,02
Progress Payments
Amend the first sentence of paragraph 14.02.A.l by striking out the words "20 days" and inserting the words "30 days" in
their place.
Add the following language at the end of paragraph 14.02.A.2:
OWNER may at any time require CONTRACTOR to furnish lien waivers for labor and materials covered by
specified Applications for Payment.
Amend paragraph 14.02.C.l by striking out the words "Ten days" and inserting the words "Twenty days" in their place.
~
;;
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.~
00800-10
OSHKOSHFI -82859
SC 14.04
Substantial Completion
Add the following new paragraphs immediately after Paragraph 14.04.A:
1. CONTRACTOR's request for issuance of a Certificate of Substantial Completion shall include
schedules, guarantees, maintenance: and operations instructions, Bonds, certificates or other evidence of
insurance, certificates of inspection, affidavit of wage rate compliance. marked-up record documents (as
provided in Paragraph GC 6.12) and other documents.
SC 14.07
Final Payment
Amend the fIrst sentenceofparagraph 14.07.A.l by striking out the words: "and has delivered in accordance with the
Contract Documents, all maintenance and operating instructions, schedules~ guarantees, bonds, certificates or other
evidence of insurance certificates of inspection. marked up record documents (as provided in paragraph 6.12). and other
documents,"
Ame:nd paragraph 14.07.A.2.a by striking out the words~ ", including but not limited to evidence ofinsurance required by
Paragraph 5.04.B.7"
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
SC 15,04
Amend paragraph 15.04.A by striking out the words "30 days" in two places and inserting the words "60 days" in their
place, and by striking out the words "seven days" and inserting the words "10 days" in their place.
Amend paragraph 15.04.B by striking out the words "30 days" in two places and inserting the words "60 days" in their
place, and by striking out the words "seven days and inserting the words "10 days" in their place.
ARTICLE 16 - DISPUTE RESOLUTION
Add the following new paragraph immediately after paragraph 16.01:
SC 16,01
Mediation
A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims.
disputes, or other matters in question between them arising out of or relation to the Contract Document or the breach
thereof to mediation by the Construction Industry Mediation Rules of the American Arbitration Association.
ARTICLE 17 - MISCELLANEOUS
SC 17.01,
Giving Notice
Delete paragraph 17.0 I.A in its entirety and insert the following in its place:
A. Whenever any provision of the Contract Documents requires the giving of a written notice or the delivery of any
Bond, Agreement, Certificate of Insurance or any other item, it shall be deemed to have been validly delivered if
delivered in person to the individual or to a member of the finn or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail (return receipt), postage prepaid. to the last business
address known to the deliverer of the item,
* * * END OF SUPPLEMENTARY CONDmONS * * *
00800-11
OSHKOSHFI-82859
WAGE RATES
OSHKOSHFI-82859
WAGE RATE REQillREMENTS
1.
GENERAL
A. CONTRACTOR and SubContractors shall pay wages not less than the prevailing hourly wage rate for each
classification of employee engaged on the Work as determined by the State of Wisconsin, Department of
Workforce Development (DWD).
B. The prevailing wage law does not prohibit payment of more than the prevailing rate of wages nor does it
limit the hours of Work which may be performed by any employee in any particular period oftime.
C. A copy of the wage determination shall be posted by CONTRACTOR in a prominent place at the Site of
the Work where it can be easily seen by the employees.
2.
WAGE DETERMINATIONS
A. The following wage rate schedules are the prevailing rate of hourly wage applicable to this Contract. The
wage rate schedules cannot be altered during the time the Contract is in force.
. .- --- .--_.
--"-.'-----. ----.---
-.. -'-------.___._m..__.-
00810-1
OSHKOSHFI-82859
Jim Doyle
Governor
Roberta Gassman
. Secretary
Lucía Nuñez
Division A'dministrator
EQUAL RIGHTS DIVISION
201 East Washington Avenue, Room A30O
P.O. Box 8928
Madison, WI 53708
Telephone: (608) 266-6860
Fax: (608)267-4592
'. TrY: (608) 264-8752,
. State of Wisconsin http://www.dwd.state.wi.us/ .
Department of Workforce Development
DEPARTMENTAL ORDER
SCOTT ERICKSON, ASST DIRECTOR DPW
CITY OF OSHKOSH
POBOX 1130
OSHKOSH, WI 54903-1130
RE:
,ANCHORAGE BASIN DRAINAGE IMPROVEMENTS
CITY OF OSHKOSH, WINNEBAGO COUNTY, WI
Determination No. 200500801 Project No. 82859
The application which you filed or was filed on your behalf, by the person copied below, for a prevailing wage
rate , determination applicable to the above-re~erenced project has been received.
A survey was conducted to determine the prevailing wage rate for the trade(s) or occupation(s) needed to
complete the project. The findings of the survey are set forth in the enclosed determination.
If you believe that the wage rate for any trade or occupation does not accurately reflect the prevailing wage
rate in the city, village or town in which the project is located, you have the right to requestthe department
to conduct an administrative review regarding such wage rate.
Your request must be made, in writing, within 30 days from the date indicated below and at least 10 days
before the date a construction contract(s) is to be awarded or negotiated. Your request must also include
wage rate information on at least three (3) similar projects located in the city, village or town where the
proposed project is located on which some work was performed by the contested trade(s) or QCcupation(s) during
the current survey period and which was previously considered by the department in issuing the enclosed
determination. See s. DWD 290.10 of the WIsconsin Administrative Code and either s. 66.09'03 (3)(br) or
s. 103.49 (3)(c), Stats. for a complete explanation of the administrative review process.
Now, therefore, it is hereby ORDERED that the prevailing wage rates set forth in the enclosed determination
shall only be.applicable tó the above referencecf project This ORDER shall be deemed a FINAL ORDER of this
department unless a timely request for an administrative review is filed with the depârtment or a construction
contract(s) is not awarded or negotiated before the determination's expiration'date.
, "
DATED
5/16/2005
Enclosures'
cc: JAMES RABE, CIVIL ENGINEER
EARTH TECH
4135 TECHNOLOGY PKWY
SHEBOYGAN, WI 53083
00810-2
DETERMINATION NUMBER:
PREVAILING WAGE RATE DETERMINATION
Issued by the Stâte of Wisconsin
Department of Workforce Development
Pursuant to s. 66.0903, Stats.
Issued On: 5/16/2005
200500801
EXPIRATION DATE:
Prime Contracts MUST Be Awarded Or Negotiated On Or Before
12131/2005. If NOT, You MUST Reapply. -
DESCRIPTION OF PROJECT:
ANCHORAGE BASIN DRAINAGE IMPROVEMENTS
PROJECT NO: 82859
LOCATION OF PROJECT:
CITY OF OSHKOSH, WINNEBAGO COUNTY, WI
CONTRACTING AGENCY:
CITY OF OSHKOSH
, '
CLASSIFICATION: Contractors are required to call the Department of Workforce Developmentifthere are any
questions req~rding the proper trade or classification to be used for any worker on a public works project, ,
OVERTIME: Time and one-half must be paid forallhotlrs worked over 10 höurs per day and 40 hours per-calendar
week al")d for all hours worked on Saturday, Sunday and the. following six (6) holidays: January 1; the last Monday'
in May; ~uly 4; the 1st Monday in September; the 4th Thursday in November; December 25; the, daybefor~ if January 1,
, July 4 or December 25 falls on a SatUrday; the day following if January 1, JuIY.4 or December 25 fallS.on a Sunday. : '
FUTURE INCREASE: , If indicated for a specific trade or occupation, the full amount of such increase MUST be
added to the "TOTAL*'indicated for sUch trade or occupation on the date's) such increase's) becomes effective.
PREMIUM PAY: ' If indicated fora specific trade or occupation, the full amount of such pay MUST be added to
the "HOURLY BASIC RATE OF PAY" indicated for such trade or occupation, whenever such pay is applicable. '
, SUBJOURNEY: Wage rates may be available for some of the classifications indicated below with the
exception of laborers, truck drivers and heavy equipment operators. Any employer that desires to use any subjoumey
classification on this project MUST request the applicable wage rate from this department PRIOR to the date such
classification is used on this project Form ERD-l0880 is é3vailable for this purpOse. . ,
BUILDING ORHEAVY CONSTRUCTION
. Includes sheltered ,enclosures with wålk-in access for the purpose of housing persons, employees,
, machinery, equipment or supplies and non-~helter~çI, )/II()rk such ,as canals, dams, clikes, reservòin:¡, storage
tanks, etc, A sheltered enclòsùre need not be 'ìhàbitablei'il1 order{o be êonsidereda building, The" ",', .
installatiòn of machinery and/or equipment, both above and below grade level, does not change 'a project's
character as abuilding, On-site grading, utility work and landscaping are included Within this definition,
Re$i~~n~ial buildings of four (4) stories or less, agricultural buildings, parking lots and driveways 'are NOT
included within this definition, .
Fringe Benefits Must Be Paid On All Hours Worked HOURLY HOURLY
, BASIC RATE FRINGE
TRADE OR OCCUPATION OF PAY BENEFITS TOTAL
-" --- --- --- - -- - - - - - -- - '- -- -- - - ---- -- - -'- --..., - - -- -- - - - - - - - - - - - - -,-- - .$-- -- - - - -- - - -- - j- - - -- - - -- - _t - - - - -_.
Acoustic Ceiling Tile Installer 24.31 10.61 34.92
- - -'=~tU!~-'!:1~~~~~~(~l:_~gg -$J_.;?~ _~'l~L~í¥9§~ !\dß- ~ 1 :.~!? 9D ß!?-?LQ~;- f\ßß- ~1 }-q 9!:1_5!?-?LQ?' - - - - - - - -" - -- - - - - - - - '- - '-_.
Boilermaker 27.64 15;83 43.47
- --J:~tU!~ -'!:1ç!:~~~~(~l:_~gg _$-:~9 J!1LQq;J~qq _$_1)?9 ]j1[o..5~-'~9.q jJ-=!2~ J11[0_6- - -- - - -- - - - - - - -~-- - - - - -- -- -- - - - ----.
~!~~!~ï~~ßJQ~~@Y~rp!~~!:1~~~~~'l_--------------~----~---------___~1Jß__________1Q~ß___---__~~~~4_.
~~~i~~t L~sJ~U~c - - -- -- -- - - - - - - - - - -- -- - - -- - - - - - - - - - - - - - - - - - - -- - - - - _~~Lt -- -- -- ----~.ß=t - - -- - - -~~~qq-"
Carpenter, , 24.31 . 10.61 34.92
- - _J:~tU!~ -'!:.1ç~~~~~(~L~gg -$J:~.~ _~'l~gí¥9§¡ f\_dß- ~1}_~ 9Dß!?-?LQ~;- f\ßß- ~1 }-q (}fJßJ?-?LQ? -- - -- - - - - - - -- -- - - '- - - -_.
Carpet Layer or Soft Floor Coverer" . 24.31 10.61 ' 34.92 .
- - _J:~tU!~ -'f)ç~~~~~(~l:_~gg -$J:~~_~'l~L~í¥9§~ f\_d_c!. ~1 :.~~ 9D _5J?-?LQ~;- f\ß_c!. ~1 :.~~9Dß!?-?LQ?'_--~- - - '- -- ---- - - - -- ---.
00810-3
.
Determinßtion No. 200500801
Page 2
Fringe Benefits Must Be Paid On All Hours Worked HOURLY HOURLY
, BASIC RATE FRINGE, '
TRADE' OR OCCUPATION OF PAY BENEFITS TOTAL
- - - - -- - - - - -- - - - --- - - -- - - -- - -- -- - - - - - - - ~-~ --- -- -'-- - -- - -~ .,.:..,.-.,.- -.$- - -- -- - -'- ---- - J- ~--- -- -- - _t - .,.----.
~~'l1~!:I! flf!i~~~r - n- - - - - - - n - - - - - - - -.,.- - - - - - n - u n - -- - - _u - - - _u__~4:.9_8- - - - _n- - _11,~.9- - - u_- - ?§:.~f!_.
Q~.?J'-T~e~~Qr fl,!i~~~r- -- - - - ---- - - - - - - - -- - -- - - - -- - --- - -- --- - - --- -~~JJ_,- - - ---- ~ - - ~.~J- - - - - - -- ??:.~~-,
Electrician ' ' , ' 25.15 / 12.46 37.61
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~l~'!~t..O! -ç~I}~t..ru..~f2! u - - - - - - n - - -- - - - __n- -- ~- -_.: --- - - - - n- - - - -- - __~4&~- - -- n- - - - - ~.J~- - -- -- -_??:.~!?_.
f~_n~~_~r~~t9r-- - -- - - - - -- - - -~ ---- - - - -- ~-.,.-- -- - - --- - - u - --- n - - -- -_1? :.2.,.1- - - _n__- - ~4,.9J- - - - -~ -_?j:.f.~_.
flr~- ~p~i!:1~LesJ:ï!t~!:_- - - -- - u -- - - - - - - u - --- n n - - --- - - - - - - -- - - u:' - n~~:.2_9~- - ___n- _11.§.9.,_u - ~- .,.~Q:.~~-.
~I~~L_- -- - - - - __n - - - - -- n- u - -- - - - --- _uu - n - - - - - - :.-- -.,. - _:.- n~4:.1~ -- n_n - - -~.'j.J__u - - -"_??A1_,
!",-~C!tq.r_,='=.o_s!JIJ~l;!I'?!Qr- - -- - - - - -- -- - -- u - - --- - - -- - - n- - - - - - - - -- - - - n_~4}_0_- - ----- - _1~.J!>- -.,.- --- - ??:.Q.!?'_.
!1}~l!I.?!<?r-<.E!.C!t!.9r.ßJQ~!1) - - - - -- -- --'- - - - --n_- - - - - - - u ~- - - - --'- - - - ----- 14:.O_Ou - - - n- - -,-~..!3.9- -- n- - -:!§:.f!Q...::.
Ironworker, ,24.5615.23' 39.19
- - -'=~tU!~J!:1ç~~C!~~(~L~99_$J.:?? ßJj£f.Q.Q~.- - n - n - - -- ---- - - - ---- - - -~~--~ - -~ -' - - -'~--- - -- -- - - - - - - ~ - -- ----_.
Lather' .13.69 1.49' 15.18
~Ï~~ç~~~s1r~~t9r {~~~!~Çêl} ~~ ~~ ~ ~~~ ~~~ ~ ~~ ~~~:~~ ~ ~~'~~ ~~ ~= ~ ~~'~ ~ ~ ~=~~~~~~~)~ ~ ~ ~~~=~ ~ j1.§j~=~== ~~= ~~:~i~:
M~rÞJ~fllJi~!1~r - ---- -- - ~ - -'-- _:._- --"- - - --- - -- - -- u - - - - - - - - .,.-'- -- -- ---~~&O_-..,. .,.---- - .JQ,.9.9,. ---- - -,.??:.E?,(k,
M~rÞl~M~~QIJ.,- u -,_uu -- ------ u- - u ~-- - -.,. u - - ~ - --- - - _u - - --_.,.u~~:.2_3- ~ - __n- - _1Q:.9.9----- - - - ~?:.f.~-,
M~~! ~..ull.9l,!g~!~ÇtoL -'- - - - ~- - - - - - - -.,. - ---- - - - - - - - -- --- - - - --'- - - - -- _-1Z:!.6JL -,-,-:,,- - - --~,~~- - -' - - ~ - ~?Q:.t~-
Millwright ,25.91 10;61 36.52
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~~eJ!1~.?9_Q99rJ'!~~~~r_----------------------------------------___~?ßfl______----~~§--"-----_??:.!?Q.-,
'Painter 24.29 11.00 35:29
'Future Inerease(s}: Add $1.30'6/1/2005; Add $1.306/1/2006; Add $130 6/1/2007.
Premium Pay: Add $,20 for paperhanging; Add $,35 for bridge, iron and drywall; Add $.75 for spraying and
- - -~C!'lq~í.?~!i!:lg~~.9~t ~.§.9- fo!J~lf.,.~~O!~~'~9.9_~!..9.9J.0! JE}êg_~~a_t~!.1l~'lt.,."Yg~-- -- -- - - -.,.-- n- ~ _n - - --- u_:' ---~ -,
p.?_v_e_r1]~!}t ~ta_r!<LnJt 9p_es.?!<?r- n n.,. - ---- - n- - - - -- - - - n n_- - u - -- - -- - -- W..?-~ - .,.---- --- _1.JJu ~-~- - - ?1:.Q.Q._.
Piledriver ",' ,,' ", "" ", " " ' "24.8)",, '10.61 35.42
- - -,=~tùj~JtJçr~<!~~~}:_~9g-$J-:??:~f!9£~W9p~ Ad.,.d_~! :.~~ 9!)_~~?LQ~;}~gQ It9?_~n.,.,?Lf.7JÞ?~- - - - - -.,. -,.. - - - - - - - --'-- ~-'.
Pje~ll'!~ f..u§~I _O!-":Y~l~~~ (Gê~P! _~qlltyl- - --~ --- - -'- - - - -- -" - ~- --~ - - :.__~_~~:.3_9_- -_U-'~ ~ _14..9§_- - -'-- -- ??:.4.4._,
Plasterer 24.98 11.40 ' 36.38
pï~~-b~T - - - ---- - - - n - - n n - u - - ~ - - --_u - - -- -- - - - - - - --- - - - - -_n-27.7i- - -~ ---.,. -1"0.5'2u- --- - - 3if24'"
- -.,'=~tl!!~ J!:1çr~C!~~(~}:_~gg _$_1-:?Q.,.5J?Q£Q.!?'.- - - - - - - - - - - - - - - - - - - _u ~ - - _u_- - - - - u - u_n - - - -- - - - - --- - - -~~---.
R.~frig~r~t.!q,! M~~I:l~l}iç_- - - - - - - - - - - - ~ - - -- - --- - - - -- - - -- -- - -- -- - - -- - __~L2_0- - - ----- -~~~.J~t -- --- -' - ?§:.~4_.
R.~~f~!P!" .YY9!~rpI99f~r- - - - - - - -- - - -- - - - -.,~ -- -- - - - - - - -- - - - -- -- - - ---__1~J~5_- ------ - - _4.~~- - - ~-- - _??&4 -,
Sheet Metal Worker . 24.90 13.39' '38.29
------------------------------------------------------------------------------------------------.
Steamfitter 27.72 10.52 38.24
---'=~~!~J!:1ç~~C!~~~t~ggj~-:?Q.,.5J?QLQ.~.___-------------------'---------------------'-----~-----~-------'
!~l~~~ta- T~ç~!:!Lcl~1} P! JIJ~t..aJI~!:- - - - - - - - - - - - - - - - - - -- - - - - -- - - - --- - - - - - _~Q:.8_6__._,.- --- --- ~.J!5_- -- - - - - ?~:.~ -.
!~-f1]I?~~C!tYr~ ,Ç~'lt~Q'-'!1~!C!ILeL - - - - - - - - - - - - - - - -~ - - -- - - - - -- - -- - - - - -- - - _~?:.2_0- - - -.,. --- n -~.J!lu -- - - -- ?§:..%4_.,
!~!r~p_E~j~~~~----------------------------------"--------------_?ZJ_~----~-----~.J~------__?§:.~4_.
!~!rC!~p_~~~þ.?pj~------------------------------------------------~Z:.~~----------~.J~------~_?§:.~4_.
Tile Finisher ' 20.60 10.93 31.53
]-ll~~~~~~¿: ~ ~ ~ ~ ~ ~ ~~~~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~~~ ~== ~ ~.~~ ~ ~ ~ ~ ~~ ~ ~ = ~ ~ ~~~'~ ~ ~ ~~ ~ ~ ~~~~1~~~ ~ ~~~~~ ~ = iQ.?§~ ~ ~~ ~~,~~ ?~:~~ ~:' .
Tuckpoiilter, Caulker or Cleaner , . 27.78 , 11.00 38.78
- - -'=~tU!~ J!:1ç~~C!~~(~L~gg _$~.:§9 -~'l (}£6j9?~ f-sJ_d- ~1 &Q. 9!.l ßJ?LQ.~ - - - - - - -- - - -- - - - - - ~ ----- ~ --- - -- - - - ---- - - n n '
Y~-~~~~~~PjY~~(~~~Qt..<?'I}~~'?!~~~~§)----------------------,.-_____~4~)____-------~~~---~---_?~:.Q.~-
00810-[,
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Determination No. 200500801
Page 3
Fringe Benefits. Must Be Paid On All Hours Worked HOURLY HOURLY
, B,ASIC RATE FRINGE
: TRADE OR OCCUPATION OF PAY BENEFITS TOTAL
, - - --- -- -- -- - - ---- - ----,- - ~ --'-- -- - - - --- ---- - - --- -..., :-,...,-- -..., - - - '/- ---.$- - - - - - - - - --- -_.J- ---- -- - - - -~-..., - - --
W§JU.PJ11~~.r_<?:r-':'>~!}lJ>.. ~1!~t~U~r. - - - - -- - - - u - - u - ----u - - u- - - -- - - - -- - -~ _1 ~,:.3A - - - - - ;--- - -~.§§_u - -- - -?~:.c!Q. -,
§J<;!i!l.9}!1~!~I!~L_- -~ - u- - - - - - -- -- - - -- - - - u- _u - - - - - - u_u- - - - - - --- _1~:?A -- - - u - - --Q..9.9u - - - --- j?:.z.4. _.
!"t~C!V)'-~g!:'!PJ!1~!I!9J>..~r?!~~:: ~!-!=_ÇT!3!Çt.h'=LI\!~ .QQ!~t~TI3Y.QTLQ~_Q~_L.xu _:?Q}}- - - ---- - - _11.~.!3_u - - - --' 1?:.~1_.
!-19.t!t- ~g'.:!!P_~~~t 9p_e!~to!_-¥:.~~ÇTFJÇA~ ~!~ê- Ç9N~T~_t¿ÇT!QN. 9!'!'-:: Y - - -- _~~:.51. -- - -'- - - ...,-1Q.fP- -..., -..., - - -~?:.~~ - ,
H.~C!V)'- Trt!~K P!!Y~! :: -~,=~Ç]J~I~~,= .!-1~~ ÇQ~~JgQÇJJ9.N.Q~b y- - -- - -..., - - _11:.91. -- - -- - -- - -~.§J....., - - - - __1 §J!4. -
" !-19.t!t"[I}J_cK 9~iY§Jr: !=_~~ÇJR.IÇA'-:: ~!~~- Ç9J!~T~J!ÇJ!Qt-t 9!'!'= Y_- - -..., -- --- _1 i}:.~~-.- - - - - - - -' _~..92__'_- - - -- ??:.~Z -.
Groundman..., ELECTRICAL LINE CONSTRUCTION ONLY 15.528.22, 23.74
--------~-------------------...,-------------------------------------------------------------------.
. ,
TRUCK DRIVERS
, .
, . ,
---------------------------------------------~...,-----~-----------------...,--------...,------...,---'------.
¡ Single Axle or Two Axle " 16.51 2.34" - 18.85
, Th~e~-;r-M~;~ M~ - - - -- - - - - -- - - - -..., - - - - --..., ~..., - --- - -- - ---- u_--,. - - - - -14.97- - -- -- - -- "-3i7---"" - ---1à;Š4~
Ärtï~~I~t~d.- Ë~~¡¡d.- Õ~~~t~;,- ÕfiR~~d- M~t~ri~l- H~~ï~r- - - - -- - - --,. - --,. - -,.,. 26:1I -- --,.--- -îå.ß(f-- -,. - - -3~;g4-'
Pߟ:e~~~t ~~a!~Lniï ÿ~¡'!~I~ ~ ~ ~ ~~ ~ ~~ ~~ ~ ~ ~~~ ~ ~ ~ ~...,~ ~.~.~ :~~ ~:~:~::: ~ ~ ~~~: ~i~=8~i::: :::~: ~~~.?~::: ~ ~ ~~ ~?~:iEi=' ,
J-,"'.:!9~M~~I}~r:!i~u - - - - u -- - -- _u - - -- - - - - -- - -- -- -..., ---- - u -..., u - - - - -- _1~:.0_3- - - --- - -~.~...,1------ __1~:.44.~.,
LABORERS
---------------------------------~---------------------~----~---------,.-------------------~,.----
~~I!~r.?! !-,?PP-,"§Jr - - u - u_- - -,.,. - - -- u - - - - u- - --- --- - - -- --- - - - - - - _u _1~.p_2..: - - - - -- - - -J_.§p_----- - _??:.4I _.
Asbestos Abatement Worker" 19.48 . 4.71' 24.19
-...,----------------------------------------...,------------------,.-------------------------------~-,..
!-?!I.9~ÇéJp~r -- --_:. - - - -- - - - - - -- u - -- - - - - - - --- -- -- - - -- - - - ---- - - -- -' - _1~}~ ~ - - - - - -'- --Q.p§- --'--- - _1~:.~E!,..
:. ~C!~ Q[ Y_tUi!ï Plp'~lll!~ !-?ÞP!~r. {Qtll~r- Tt!~1] ~~~~r ?D~ _w..a~§J~t - - - - - -" - - - - - -~! ._5_1- - - - - - - - -,.,. ~.!3~- - -- - -- - ?~:.4.Q. --
j fl~~t:. 9p!i~ J::~~~r~! J9_u_t~Ld~.! _qt..h~-," XIlC!1! ç_o-"_c!~t~t=.!1f§~~L - - - - - - - - '- - - - - :?~:.O_O- - - - - - - ,. - - -~..9.!'- - - ..., ,. -- _11 :.c!Q. - .
Railroad Track Laborer , . ' 12.11 0.95 ' . 13.06
-------------------------------------------------------------------------,.----------------~-'~--_.
! '
, .
HEAvY EQUIPMENT OPERÂTORS " .
SITE PREPARATION, UTILITY ANQ LANO$c:APING, WORK ONLY
'.."--"'.'.._U_.u.'- .-,..-. -..'u.- . .....
. "..
, ----------------------------------------------------------~-------------------
--------------.
. . Crane; Backhoe (Track Type); Tractor or Truck Mounted. HydrauljcBackhoe; 24.70
" Gradall (Cruz-Aire Type); Meêhanic or Welder; Bulldozer or Endloadér;
, Grade[orMotor Patrol; Scraper (Self propelled or Tractor Drawn) 5cu yards
j or moreè:åpacity; PowèrS~bgrader; Aspt)alt Milling Mflchine; BQring
i Machine (Horizontal" Vertical or DirectiOnal); Air Track; Rotàry or Percussion
Drilling Machine; Trencher, Post Hole Digger or Driver, Tug or Launch (not
P~!fOI[T1j~9_~Qr.k_QI] ~~§J _Gr.~~t~C!~~s)-~ - --' - - -- - -- - - - - - --- - - - -- - - - - -- - - - -- -- --- - - - -- - ~-- ----- --- - --- - - - -,
Farm or Industrial Type Tractor, Greaser; Compactor'(Self-Propelled); 12.75 1.45. 14.20
!3I99~ 9! §-~~~P.~G_~I}'{i~~I}'!I~.!1~IJ?'.:!rl!~r__-, -' -'- --' ~- :'_---'--' -- - - '-7'-"'- --'- --~--...,~ -- -- -- - - ------- --- - -- -- - --.
Crusher, Screening or Wash Plant; Air Còm¡)ressor (400 CFM or Over); . 27.52 13.70 41.22
Pump (3 Inch or Over) ór wen POints; Refrigeration Plant or Freeze Machine;
Skid Steer Loader (Wíth or Without Attachments); Skid Rig; Stump Chipper,
Mulcher; Vibratory Hammer or Extractor
, - - -':~tU!~JD~~~~~~(~l:_ðgg_$J_.~? -'~1!9L1!9?;. ¿\_dst ~1 :.53?_9DßJj~Q.~;-~gg_$J.:§9 5~.n_~~1j9?;. t.~st~1 :.6_5_9~_6Jj~c!~ - - -- -' - --.
HEAVY EQUIPMENT OPERATORS
EXCLUDING SITE PREPARATION, UTILITY, PAVING AND LANDSCAPING WORK
10.90 .
35.60
------------------------------------------------------------------------------------------------.
Ç!?D~L Jpyy~r- ç!~I}~ P!J~~I!Lc.!<.! WLt~ _o!)YAh_o_uJAt!~~Ilf!1~!1!~,_'ðfAh- ~ _Llf!i!l9- - - ~L61. - - - -,. - - - _1 ~..?9- - - - - - - - ~ 1 :.~z. - .
00810-5
.1
Determination No. 200500801
. -
Page 4
Fringe Benefits Must Be Paid On All Hours Worked
HOURLY HOURLY
"BASIC RATE FRINGE
TRADE OR OCCUPATION . OF PAY BENEFITS TOTAL
- ---- - - - - - - - --- - - - --- - --- - ---- - - - - - - - - - -- --- -- - --- - -- - - - - - - - - - j-- - - - - - -- -- - -- ~- - - -- - - - - - J~_..: - - - -_.
Capacity of Over 100 Tons; Crané, Tower Crane orD~rríck, With Boom,
~~?~§_~~~/9!~1~~~~B!~~~~~~~~~gJJ§_f~~iQr~~e!_____------~-------------------------------------~--,
Crane, Tower Crane or Derrick, With or WithoutAttachments, With a Lifting 27.17 13.80 40.97
Capacity of 100 Tons or Under, Crane, Tower Crane or Derñck; With Boom,
Leads and/or Jib Lengths Measuring 175 Feetor Under; Backhoe (Track
Type)Having a Mfgr;'s Rated Capacity of130,000 Lbs. DrOver, Traveling .'
Crane (Bridge Type); Caisson Rig; Pile Driver, qredge (Not Performing
YYQ~9!.1_t!:t~_~r~é!t..~~~~~- u- --- - _u - - - - -- - - ~ uu un - - - - - - - - - - -- -- --- - u -- - - - - - -- -- - - ~ u - - - -- -- -- - -.
Crane (Go-DeVil Type) or Truck Mounted' Hydraulic Crane (10 Tons or 23.44 13.80 37.24
Under); Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of Under
130,000 Lbs.; Tractor or Truck Mounted Hydraulic Backhoe; Gradall
(Cruz-Aire Type); Mechanic or Welder; Bulldozer or Endtoader; Grader or
Motor Patrol; Scraper (Self Propelled orTractor Drawn) 5 cu yards or more
capacity; Concrete Pump, Grout Pump or Concrete Conveyor (Rotec or
Bidwell Type); Concrete Breaker (Manual'or Remote); Concrete Bat~h Plant;
Power Subgr<;ider, Concrete Spreader; Concrete Paver; Concrete Grinder or
Planing Machine; Concrete Conveyor System; Concrete Slipform Placer;
Curb and Gutter Machine; Roller (Over 5 Ton); Shouldering Machine; Boring
Machine (Horizontal, Vertical or Directional); Air Track, Rotary or Percussion
Drilling Machine; Straddle Carrier or Travel Lift; Forklift (Machinery Moving or
Steel Erection); Manhoist or Elevator; Material or Stack Hoist; Trencher;
Sideboom; Hydro-Blaster (10,000 PSI or Over); Post Hole Digger or Driver;
Railroad Track Rail Leveling Machine, Tie Placer, Extractor, Tamper, Stone
!-~y~!~r_~r-'3~!1?Þ11!~~g!.1J~q~ipD}~Qt -- - - -_u u --- u - _n~ - - - - - -- -- - u - u - - - - - -- - - - u- - - - -- - - - --- - --- - --.
. Far'm or Industrial Type Tractor; Greaser; Compactor (Self-Propelled); 25.24 12.70 37.94
Concrete Saw (Vermeer Type); Concrete BumpCutter or GroovinglVlachine;
Tining' or Curing Machine; Roller (5 Tons or Under); Broom or Sweeper; .
!!~~tt1~99~~~êDY~9DD!~~~!~~!!.1~r______-------------------------------~--------------------------_.
Crusher, Screening or Wash Plant; Air, Electric or Hydraulic Jacking System; 23.44 13.80 37.24
Air Compressor (400 CFM or Over); Generator (1 Po. ,t<JN or Over); PumP (3
. Inch or Over) or Well Points; RefrigeråÍioÎ1 Plåñt of Fføezè Mâc::hine; Skid
Steer Loader (With or Without Attachments); Robotic Tool Carrier (With or
WithoutAttachments): Skid Rig; Stump Chipper; Mulcher.,VibratoryHammer
or Extractor
----------------------------------------------------- -----------------------------------------,
~ile!~ f9!IsI!fL - - - - -- - - - u - - -- -- - - - - -- - - - u _u- - - ~ --'- ~ - -- - ---- - - - --~~:-4..4.. _u -- - ___1~..?9__- - - -__~?:-~4 -.
Q~~ 9UJ_t~i!y Plp-~II~~,- ~~~~P-t ~~~~! _~n_<!YY~teI -(P!Í.!1J~!Y ~gYœ.£!l~[I!>- - - - - - - - ~~:-~- - - ---"" - - _1 ~.~ß- - - - - - - -~ j :-~~ -.
Q~~ 9r !JJ~i!í Plp-~II~~,- ~~~~P-t ~~~~! _a_n_<!YY~te! _(§~.99~.9.?_ry J~ql!i[>~~~t} - - - - _1 ~:..5_0- - - - - - - - - - - ~'.?2_.'~ - - -- -- ??:-~~ _.
f!~~~ 9p!ip_Ç~~l~~g!l!R£!l~D! -- _u ~- - - - - -- - - - --- -- ~ - - u - - - - - -- --- - - - _1~:-0}- --- - - - u -_?.J!t_--- -- - _?9Z~_.
. . .
.: .1
¡
¡
¡
t
~
~
\;
t
¡
.~
SEWER, WATER OR TUNNEL CONSTRUCTION
Includes those projects. that primarily involve public sewer or water distribution, transmission or collection
systems and related tunnel work (excluding buildings),
------------------------------------------------------------------------------------------------.
-ê!Lc_k!~y'~r~!3J<?gtsl?Y~r 9!_SJQ!.1~!:t!é!~<?~ - - - - - - - -- - - -- - - --- - - - - - - - - - - - - - __~1:-2ß- - -- - -- -- _1Q.~ß- - - - - - - - ?~:-~4 -.
Carpenter . 24.31. 10.61 34.92
-- -'=~tU!~ JD9r~~~~~}:_~gg -$J.:?~ _<?~ ~L~fY9§~ f-ß_d- ~L3_~ 9!.1ßj~?£Q~;- f-_d_d- ~1 :..~~ QD_5j??£~I - - --- - ----- -- -- - - - - - - -'
~E~.rD~D! fl~i~b~r - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - ~1:- t3- - - - - - - - - _1 Q.J.?- - - - - - - - ?~:-~~ -.
!=l~~tri.9Ié!~- - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -~? J}- - - - - - - - - _1 ~-.?:t - - - - -' - - ~9:-~X -'
f~!lc~_~r~~Qr______------------------------~---------------___~__1IJJ____-______4..9J___~---_?j:-~~_.
00810-6
Determination No. 200500801
Page 5
Fringe Benefits Must Be Paid On An Hours Worked
HOURLY HOURLY
BASIC RATE FRINGE
TRADE OR OCCUPATION. OF PAY BENEFITS. TOTAL
.. . $ $ $
-----------------------------------~-----------------------------------------------------------_. -
!rp.!1.-~qr.!<~r - - - - - - - - - - - nu - - nn- - - --- - --- u - - - - - n -- --- ~- - - - -- - -- ~1]_0- - u_-- - u1~.~.?_- - - - - ~_1?=-1~_.
. !-!'l~ ~~n_s.!æ~t9r {~Le~!Jjs~l} - - - --'--- - _.: - - - - -- -- - - - - - - - - - -,- -- - - - - ~- - _..:~~:-~t - - ~--- - --11.!>J__- -.- _.- -~~&Ê._.
p_aY~_I1J~l]t ~_a_r1<LnJt 9p_eJ~~qr- - -- - -u - - - - - - - - -- -- - - - - -- - - - - - - - - - - - - - - - _~~:-4.6- - --'- - -- - - - ~J~.?- - -- - --- ~?J!1_.
Piledriver . 25.76 14.43 40.1.9
. Futur.e Increase(s): Add $1.45 on 6/6/05; Add $1,45 on 6/5/06; Add $1.45 on 6/4/07
- - _er.~l!\il!1!\ }~~LðQQ -~.?? J9! Pj~~!!y~! J-_oJtsn:t~I}~ t-fifi- ~.J§- (.o! F-I!~~tetl~ !-.9.ft§.!D~I}:.- - - -:.. - - - - - - - - - - -... -- - ~ - - - --.
Plumber 23.26. 3.66 26.92
------~-------------------------------------- ---7-_-------------------------------,-----------_.
Steamfitter 27.20 . . 9.74 36.94
ï-~~d~ta- T~~h~Îc¡~~~~ ï~~t;ïl~;-_u ~ ---- - --- --- - -- --7 -7- _~_n - -- - - 7 - - 20."86--- - - - -- -- -8.76-- - - --~-29ß2-'
J~~~P91~t~!,~ Ç~~!~e! ~~r~Çl~~~~r~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ~: ~~: ~ ~~: ~ ~:~ ~~.~.:.~ ~.~ ~ ~ ~ ~ ~ ~~? J[~~~ ~ ~~: ~ ~ ~ iQ.9§~ ~:::~ ~ ~:~?:i~::
Y-"-c!~~é~J~r Pjy~r. {~Ç.~Qtqf! ~r~.§3!J.:?_~~~} - - n- u - - - -'-- - - - - -- - - -- - - -u - ~~&5_- - _n - -' - _1 ~.J?u_- --- - ~~=-~I_.
W~U .Rrll!e!_qr_t:~~..p... !'l~t~U~r. u- n__- - - - - - ~n -- - _u _n -- - - --- - - 7- - - - _1~:-3j- - - - -- - - - -' -~.!>!>- - - ---- _?~tQ.Q. -.
! !t~<!vy- ~g!:liQl!1~!1! 9"p"'~r.§3!q'=.-: ~!-!=_ÇT~!Ç~!-- ~I!!~ _Q9f(~I~Y_ÇTlQ~ _Q~(L.x. - - - ~Q}}- -- - - 7 - - - _1t~!L- - -.. -- - ~?=-~1_.
i !-lgl!t r;g~!pl1]~!)t 9p~Jêtqr_-~LJ~Ç:rR.IÇAI;: ~!~~_Ç9NêIFJ!ÇT!Q~t91'!1;: y -- - - ~ ~~:.5X - - - - - - - - _1Q.,?§- - - - -.7 - ~?J!~_.
I H.~C!.vXT~l!Ç.~ 9!!Y~!: -'~~~ÇI.~I~~~ !-J~!=- ÇQ~$J.R.l1Ç!J9RQ.~~),-- - - u - - - _1 ~:-3_5- -. - - - - -.- ~ 1.'??_- '- - -- - j1~~Q. -.
I ~igl!tTI}J_cK I?rïY~r : !=_I;:~ÇJR-'ÇAI;: H~~ - Ç9J'!§T~JIÇT!Q!'t9l'!l: "C - - - - - - - - - _1 ê:-3!t - - - - - - - ..: -'- ~..9~- -- - - - - _?? =-~?_.
. Groundman - ELECTRICAL LINE CONSTRUCTION ONLY . 15.52 .8.22 .23.74
--~---------------------------7---------------------~---------------~-----------~---------------
. ,
i
TRUCK DRIVERS
--------------------------------------------------------------------------~-----------~--------_.
§jlJgl~-~~- 9f. T~o_~!~ - - -~ -' - -- -------- - --- -- - - -- --- -- -- - - - - - -- - - - _1E!:-5J- - - - -- - - - - -~}~- - -- - - - - j ~~l!~-
Three or More Axle . 13.35 1.2514.60
------------~---T-----7------------~.~----~--------------------------_._----------~------------_.
!\r!!çYI.9!~<j;- ~~çti<j,)?!J!f!Qt..or,~ 9K ~P?fiJ~1.§3!~~~IJj~!:Ile!- n - - n - - - - - n n - - - _1~:-0_O- - - - -- - - - - _<1..9.9_- - - - - - - j.1~Q.Q.-
PavementMarkins. Vehicle. . . 18.87 9.39 28.26
¡J!~~~M~Ç~~~iP:~ - ~ - ~~~: ~~~ ~~~~~ ~~~~~~ ~.~~~~ ~ ~ ~=~~ ~~ ~~ ~~ ~ ~ ~ ~ ~ ~~~ ~ ~ j~~i~~ ~ ~~ ~~~~ ~i.~j~ ~~ ~~~= ~ j§:14 =:
LABORERS
---------------------------~---------~--------------------------7----------------------'
General Laborer 20.10 5.62 25.72
~?Í1~§~p;r~~~~~ ~~~.= ~.~~ ~~ ~ ~~~~~ ~ ~~ ~~~.~~~~~ ~ ~ ~~~~~ ~~= ~ ~ ~~ ~ ~.~ ~~~~ ~ ~ ~1 J~1~~~ ~ ~~ ~ ~ ~~ ~i.J§~~~~ ~~~ ~ ?§:~i =:
fl~gp"~'=.s.?_n_çr. Tr~f!i~_Ç~~tr9! P~r~çl}- -- --- - --- - -- - -- ~ -- -- - - n - - - --- - - _1? :-8_4-- - - - - - - - - - I..??_- - -- -- - ??:.Ê.Ê.-.
fl~'=9.ÞJi~ }=-~~qr~!-<9YJ§Ld~.! gt..lle!J::Il~Í'!Ç_o_n_c!~t~ ~il~~~9} - - - - - - - - - - - - - - ~~:-O_O- - - - - - - - - - - ~..9.9- - - - - - - _1.1 :.C!C!_.
R.<!.i!.r~~~J':r.§3~!<-'::~~q'=.e! ----- - __n- - - - ..--- --- -- ~ _.:. -- - -- - - ---- - - 7 ---~ _1~:-1_1_- -- -- -.- -- - <1.~.?- - - ----_J~~Q.~ -. .
HEAVY EQUIPMENT OPERATORS
. .
-------------------------~---------------------~------------------------------------------------~
! Crane, Tower Crane orDerrick, With or Without Attachments, With a Lifting 27.17
¡ Capacity of Over 100 Tons; Crane, Tower Crane or Derrick, With Boom,
Leads and/or Jib Lengths Measuring 176 Feet or Over; Backhoe (Track
I JYP~l J!~'{iD9_~ Mf9!.~~ R_a!~Q_Ç~Q~çi!ï 9fj~9J~QQ !-p§=- 9! .Q'{~r- - - - - - - - --- - - -'- - --- - - - - - - - - - - - - -- - - -- - - - - - --_.
i Crane, Tower Crane or Derrick, With or Without Attachments, With a Lifting 21.97 5.20 27.17
'. Capacity of 100 Tons or Under, Crane, T ow~r Cran~ or Derrick, With Boom,
Leads and/or Jib Lengths Measuring 175 Feet or Under; Traveling Crane
(Bridge Type); Caisson Rig; Pile Driver, Dredge (Not Performing Work on
the Great L~kes); Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of
~'lc!~~1~Q~99_~~~~_------------------------------------------------------------------------------
. .
13.80
40.97
00810-7
Determination No. 200500801
Page 6
Fringe Bènefits Must ~e Paid On Ali Hours Worked
HOURLY HOURLY
eASIC RATE FRINGE
TRADE OR OCCUPATION. . OF PAY. . BENEFITS TOTAL
- --~ - - - -- -- - - - -.- - - - - --- -------- -- --' - ~---- -'-- - ---- -- -- -- - - - - - - _.J- - - - -- - - ----- - j- - ----.- - --_t- - '--.-.-.
Truck Mounted Hydraulic Cr~ne (10 Ton~ or Under); Tré!ctor or Truc~ 25.99 12.70 38.69
Mounted Hydraulic Backhoe; Grad.~1I1 (Cruz-Aire Type); Mechanic or Welder,
Bullqozêr or Endloadet, Grader' or MotorPatrol; Concrete Pump, Grout
Pump"or Concrete Conveyor (Rotec or Bidwell Type); Concrete Breaker
(Manual or Remote); Concrete Batch Plant; Power Subgrader, Concrete
. Spreader, Concrete Paver; Concrete Grinder or Planing Machine; Concrete
Conveyor System; Concrete Slipform Placer, Curb and Gutter Machine;
Roller (Over 5 Ton); Shouldering Machine; Boring Machine (Horizontal,
Vertical or Directional); Air Track, Rotary or Percussion Drilling Mac~ine;
Straddle Carrier orTravel Lift; Manhoist or Elevator; Material or Stack Hoist;
. Trenèher; Sideboom; Post Hole Digger or Driver, Tug or Launch (Not
p_e_rfo!!1}iD9_W~r!<_~f! !I"!~ 9!~9! !-9~§L - - - --- -' - ---- ---'-- u - - u- -- - u ----- - u -- u -- - -co - co _u --- ---'.. - - ----.
Farm or Industrial Type Tractor; Greaser, Compactor (Self-Propelled); . 16.75 1.0.00 26.75
Concrete Saw (VE;!rmeer Type); Concrete Bump Cutter or Grooving Machine; .
Tining or Curing Machine; Roller (5 Ton or Under); Broom or Sweeper; Hoist
!T~gg.~O~J:_nyjr:o_n_I!1~[I!é!.IJ:~I!r:.n_e!-- --.. -- - ----- - ---.. --.-..--.- -.. - -- -- - --'-- - --- - -- - -- -- - - -..---- ..-- ---'------",,;,
Crusher, Screening or,Wash Plant; Air, Electric or Hydraulic Jacking System; 23.04 12.70 '. .35.74.
AirCompressor(40Ö CFM. or Over); Generator (150 KW or Over); Pump (3
Inch or Over) or Well Points; Refrigeration Plant or FteezêMachine; Skid
Steer Loadet (With or Without Attachmel1ts); Robotic Tool Carrier (With or
Without Attachments); Skid Rig; Stùmp Chipper; Mulcher, VIbratory Hammer
PI J~.~é!Ç.t9r;-':!!g.h~ P!~~~l!r~_Id~tity- ,=qç~tlf!g .M~<?hi[l~ J~9Yligb!!~g _1!1~çbln~l. - - - - - ~ - - - - - - - - - - - - -- - - - - - -.. - - - - - '- - - .
Oiler, Forklift ... 23.06 14.30 37.36
- uf5'=!tU!~ J[lÇ[~é!~~(~l:,-~<j<j _$J.:~9 -~f! ~L1!9?~t-sfst ~1 :.6_<!. 9~ _6!j~Q~;-~<j<j ~J~!?§-~f! !?L1J9? - - - u - - - -- - - u - - - - _u - --- '-.
.'1
.~
LOCAL STREET OR MISCELLANEOUS PAVING CONSTRUCTION
Incluc:les roads, st~ee~, alleys, trails, bridges, paths, racetracks, parking lots and driveways (except residential or..
agriç'ult~ral), publip.S,idewalks or qth~rsimifar projects (excluding projects awarded by the Wisconsin
Depârtment of Transportation),
------------------------------------------------------------------------------------------------.
Bricklayer, Blocklayer or Stonemason 29.06 11.15 40.21
- - _f5~tU!~ -'[lçr~'!~~~l:_~<j<j -$J.:!?9_~f! ~£~9?~ t-_dsf.. ~L6~<!.9[1ßJ~£~ -- u _.: -- - - _:.- _u -- -- "-u.. - ------ -- -"- --'----~ -,.
Carpe,n~er . .. . . . 24.31 . 10.61 34.92
- - _f5~tU!~-'[lÇ[~'!~~(~l:þ-<j<j -$J-=~~ -~f! ~L2-fij9§i Ad_d- ~1 :.3_~ ~~_~??LQ~;- !\ß_d- ~1 :.~~ 9!) ßj'~?LQ]_- - - - - -"" - - - - - -...; - - - - ---'-'
~~I!1~D!flf!i~b~r -- u ---- - - - u_- uco--~ - - - u -- - -- -- -- - - -~ - -- - - -~-___~1:.9_8_- --'_u'- - _11.j.9__- u._~- ~§:.~t!...
Electrician . 25.15 . 12.46 37.61
- --f5~tU!~ -'!:1~[~'!~~(~L~<j<j _$.:~9 -~f! j~1J9?~ Adsf_~:.8_5- 9~_6!jLQ~;_~~<j j.:~§ _0,-n_1?L1J9~u - - --- u': -- - -- --_:._-- - -...;u _.
f~.!lS;~J~r~Ç.t9ru - - - - - - -- - - - -- -- - - u - - - -' _u - - -- - - u- - - - - - - - - - -- --- - E:.~tu- - u -- - _~.9J- u- -- -_?:1 :.~~ _. -
!rp.!l~qrl<~! - -- -- - - - - - - - -- - - - -- - - - - - -- - - -.,- - - - - - - - - - - - - - - - - - - - - -- - -~~._9_5- -- - - ---- _1~.?J- - -- - --- ~~:.~~_.
!-1f!~ç-~f!sJ[I!Ç.t9r í~Le.9!d~1) - - - -- -- - --- - - -_.._-~.- '------- - - -- ---_.:. -- -- _~~:.2J___- - -- -'- _11-!3J_"--" - - ---~~:.~~ -.
p_ajl}tè!- -- - - _u.- - - - - - -- - - - - ---- -- - - - - - - - -- ~- u -- -- - - -- - _::-:.. - - - -- -~Q:.O_O- - - - -- - -- - - Q.9.9- -- -- u - ?9:.QQ -..
!'.,aY~J11...~[lt ~/ta!~LnJl9p_e!?~q( - -- -- - - -- - - - - - -- - - - - - - -- u - - - - -- - - - -- - - _~~:.4_6_u- ---- -- _fl.~.?_'u- ---- ~?:.~1_.
Piledriver. . 25.76 14.43. 40.19
Future Increasè(s): Add $1.45 on 6/6/05; Add $1.45 on 6/5/06; Add $1.45 on 6/4/07
- - -'~[~'!111!'!IJ~~E~<j~ -~.§?}~! Pjl~sf!!Y~! J_oJ!.s_I1]~[I~ð9St ~.J.?_fo! -~I}~Eit~U~ .!-.9Aš.!l:!~I}:. -- --- -- - - - ~_.- -- - - - --...; - - -co-
R.~~f~! PI YY?!~rp!Q9fe!- - - - - - - - - - - - -- - - - - -- - - -.- - -- --- - - - - -- - - - - - - -'- - !~:.t5~_- - --.. - - ~ -~.~.§!--- - - - -- ??:.E!4:...
Teledata Technician or Installer 20.86 8.76. 29.62
!~~~Pš>Ï~t~!,~ǧ~!~~qr~ ÇL~~~~r~ ~ ~~~~ ~ ~:~~ ~~~ ~ ~ ~~ ~.~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~.~ ~~~ ~?? ~~ ~~ ~ ~~~ ~~ ~ 1Q.9§~ ~~ ~ ~ ~~ ~ ~?:1~~'
.
"
~
~
*
.:
00810-8
Determination No. . 200500801
. Page 7
Fringe Benefits Must Be Paid On All Hour.s Wor~ed
HOURLY' HOURLY -
BASIC RATE FRINGE
TRADE OR OCCUPATION OF PAY BENEFITS TOTAL
-'.- -- -- - ----- - --.- - - --.-- - - ---- ---- ----- - --- - - -'-- -- - - - -'-.- - - - -~-- - .$-- - - -- - -- --- _._$- -- -'- -- - - -._t - - -'- -_.
Y!!.c!~~é!t~rPjYElr (~~~~~tqr:! Qr~~J_L.~*~~)--- - ~-- - - - - - - - -- _::. ~------ - __~~§...5_5_- ----'- -- - 1.~.j'?_~. ~ - - -- ~?~~I_.
f!.~~v'y- êg!l!Q~~!1! 92.~r~!qr:.: t=!-~_ÇT!3!Çt.!-- ~Lf\!~_ÇQ~_~TI3!J_ÇTLQf:!I_QKL.x - - - ~Q...3_3- - -'- - - - -- -1. 1. .~~- -- - - - - _1?:.~! _.
. !-lgllt ~g~!P.!D~~19p~!êt~r_-£I.=.~ÇJFJÇA~ ~!~ t= - Ç9..N..~T~J!ÇJ!Q~- 9..N..~'L: -- _~~:.3ß- - - - - - - - - .: 1.Q,~L - -- - - '- -~1~~~ ~-
t!.~~vy- T~I!~P!!Y~! _~_~l.:êÇI.~I~A~!-J~!=_Ç.Q~§>JB.ldÇJJ9l'!Q~~ '!'- -----~.--_H...51.- - - ~-- ~- - - §.~J- -- - -- - - ?9J~1_.
!-lglltTJ:.U_CJ<J?~Y~r: 1=JJ~ÇJR.lÇA~!-!~ê_Ç9J~~TRl!Ç:r!9N.-9l\!'= 'C~ - - --- -- __1ê...9_8- --- - ------~,J.:t_- --- ,--??6~ c .
Qrp~!l.9.!DêQ :);l.:êÇJBI.G.~~ !-J~~- Ç.Q~§:rRIdÇJJ9l'! Q~I.: y- - -'- - -- --- - -- '- - _1 !?&6- - - - - -- -- - - ~.!3J_'- -'- -- - - ?1:~~ =:
TRlJCK DRIVERS
---------------------'------------------------------------------------------------------~-------_.
§lQgl~_~Le- Q~J~~~!E!- - -- ~-- - - - -- ------: - -- - - - - ~ -- -- - - - - -.:-,---:-~~--_1~...8!L_- - - '-- ---~,.?;t '-- - - - - _1 ~~QZ_.
.J11!~~ _0!}~.19r~ AxJ~ - - - - -- - - - -- - -- - -- ----- - ----- - - _:. - - - - --- - - --~- - _--1~...5J- --- -- - -- - - ~.~J- - -- - -- - ?Q~Q4.-
Ar!!~~I~JElC;!,_ê~~UC;!,- ç!J!1!PJ~!~ 9Jf.!39?~}~t1?!~r]~'-'='ê~!e!- - - - - - - - - - - - --- - - --_1~...0~0~ -- -- - -- - - - Q.99_-- - - - - ~ 11~QQ_. .
p_a_v_eJ1í..~~1 Mas!<Lnj! Y~!1lql~ - - - -- - ---.:.- ----- - - - - - - - - - -- - - - -- -- _u,- --- __1~...8J. --.,- u.- - --~.f~--- - - --_??~~~-.
Shadow or Pilot Vehicle .'. .' . 13:64 .. 5.23' . 19.Ö7
ï-~~~kM~~h~~i~- - - - - -- - - - - --- --- -- - ---- - - - - - - - - - - - -- - --- -,---- -----16:O-i-- - --- ----2.41--'-"" - - --1ã~¡¡-
- - ------ - -- - - -- - -.- --- - -- - --- -- --'- ~ -- - - -- ~ - -- - - - '-- - -'-- - ---'---- ---- - - -- -- -- ------ -- -..., - - - - - - ~ --- --'-
LABORERS
- - - -.- -- - - -- - -- -- - --- - ---- -- ----- - ---- - - -'- --- - - ---- - ~ -- ---- ~------ '- --. - - -'--- -- ------ - - - ---.-'- --.- -...,.
Q~'l~r~J !-~ÞP!~r. - - - - - - - -- ---- - ----- -------,- - -~ - - - - -'-'- -~ - - '- -- _--,-__1!?&t -- - ---,---1.Q.'?'?_- - ~ - - - _?@&4._-
landscapèr . . 20.70 9.17 29,87
Future Increase(s): Add $1.40 on 6/1/05; Add $1.40 on 6/1/06; Add $1.45 on Ei/1/07; Add $1.50 on6/1/08; Add
- - - ~1..?ß- QQ ß! Jl_0_9-=_- - - - - - - - - -- - - - -- - -- --- - -- -~ - - -- - - -- - 7- ---- ---- --- --- -- - ------ --- -- - --- - - -- _.,"--:;"
f!~gp..~r:S.9_n..Q~Tr~f1ip_Ç9~!.r9!P~!~q~ - ----- -- -- --- - - - - - - - - - - - - ---- - _--_1!?..4J,- -- - - - ~--- - ~..91J- --- '- - - _?1~qq...,
fl~~r::. 9pJip - '=é!~qr~! _(9_l!.t§Ld~.! _Qt~e! .l1lé!1! ç_~ng~t~ ~.!19,§~~L - - - -- - - - - - - - - ~§&O-- - - - - - - - - - ~..99- - - - - - - _1 I:J!(! -.
RajLrQ~~ _1r~!<_I.:~~qr~! - - - -- - - - - - - - - -- - ~ - - -- - - --- - --,--- ~~...,-'- - -' ~ - ___~1?..1t- - - - - ~ --- - Q.~§- -- - - -'- ~ 1 ~~q~,"-,
HEAVY EQUIPMENT OPERATORS
CONQRETEPAVEMENT ORBRIDGE WORK ONLY
-'
. .
-- -- --- -- - - --- - - -~ ----- - -..., - -- - ----'--- -""~-- -~- - - - '-.-.~._- - ~ --'-~- --,-~- - - -- -.,- - - ----- - - --- ---~~~'-~ ,-,"-,-,,--.,-.....,
Crane, Tower Crane or Derrick, With or Without Attachments, With. a Lifting 22.00 3.62
Capa_city of- Over lOQ T9ns; Crane, Tower Qrane or D~rrick, With Boom, . .
Leads and/or Jib Len.gths Measuring 176 F'eet or Over - .' _.
. . ë-~~~~ ï-~~~r-ë~;~~o;D~;"Ïck: Wïth'-;r\v¡th~~tAtt;¿h~~~t;,Wïth-åiïfti~g-- -26.52- --- -- '----î3.7Õ----;- --'-4Õ~22'-' .
Capacity of 100 T9ns or Under; Crane, Tower Crane or Derrick, With,Boom,
Leads and/or Jib Lengths Measuring 175 Feet or Under; Backhoe (Track
Type) Having a Mfgr.'s Rated Capacity of 130,000 Lbs. or Over, Caisson Rig;
Píle Driver; Dredge (Not Perfôrming Work on the Greåt lakes) - .
-- .J:~tU!~ J~~~~~~~(~ tA_C;!~ -$J-=~~ -~'l @L1!Q?~ f.!-f...,d- ~ 1 ...~~ 9~ _6jj LQ.~;- ~c;!c;! _$J.: §Q -~~ §L1!Q?~ Adst ~ 1 &5- 9~ _611 LQ~ - - - - - - - -.
Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of Under 130,000 26.14 13.80 - 39.94
lbs;; Tractor or Truck Mounted Hydraulic Backhoe; Gradall (Cruz-Aire Typè);
Mechanic or Welder; Bulldozer or Endloader; Grader or Motor Patrol; .
Scraper (Self Propelled or Tractor Drawn) 5 cuyards or mOre capaCitY;
Concrete Pump, Grout Pump or Concrete Conveyor (Rotec or Bidwell Type);
Concrete Breaker (Manual or Remote); Concrete Batch Plant; Power'
Subgrader; Concrete Sp¡'e~der; Concrete Paver; Concrete G-rinder'or'
Planing Machine; Contrete-Conveyor System; Concrete Slipform Placer;
Curb and Gutter Machine; Air Track, Rotary or Percussion Drilling Måchine; .
§Jté!<;!<!I~ -9~'Il~r_qr- T~é!'{.eLlJ~;- T~~~qll~r~ P_o_sJ J!ql~- Q[g_ReLo!J?ciY~~;_T~g.9! - - - u ~ - - - - - u - - - u - - - - - - - - - - - - - - - --
00810-9
25;62
"
t
,
Determination No. 200500801
Page 8
HOURLY HOU~Y
BASIC RA TEFRINGE .
TRADE OR OCCUPATION . OF PAY BENEFITS TOTAL
. -.-- - --- -- -- - - - - - - - - -'- - - --- - - - - - - - - -~ - -- - - - --- - -- - -- - _._-- --- - --j- -.- ~- -.- - --- - _.:. ~- - - - - -- - - - -~ - - --.--.
!-?!J.!l~!1J!,!~t~~rJ!?r'!l!C!9 WQ~ 9!:1 Jtt~_Gr~~t:.~~~~~t -- - - n - ----~ -- - n -- - - -- - -- - - - -- n - - - -- - - - - -_.- - - - ~- -- n. '"
Farm or Industrial Type Tractor; Greaser; Compactor (Self-Propelled); 12:34 0.37 12,71 .~
Concrete Saw (Vermeer Type); Concrete Bump Cutter or Grooving Machine;
J}l}i!1i~t ~~Ç!l!:i.!lR~?~!1!C!~;J~lJyi!~IJIJ1_e_"-t?l ê!l!:l:!~~ - - - - - - - _n - ~ - ~ - - - - -.., - -.., .., -- -~- - - - - ~ - - - - - - --.., - - - - -- - ---- - - ----'
Oiler, Crusher, Screening or Wash Plant;AirCòniþressor, Generator; Pump 22.23 12.70 34.93
(3 Inch or Over) or Well Points; Forklift; Skid Steer Loader (With or Without
Attachments); Skid Rig; Stump Chipper; Mulcher, Vibratory Hammer or
E~ractor .
fl~~¿ 9P~~~ǧ~l~ ~9~ÏÞ-rÍt~D! ~~ ~ ~ ~ ~~ ~ ~~~ ~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~~~ ~ ~~ ~~~~ ~~~~~~1~~i~ ~ ~ ~~~ ~.~ ~ ~i.J~~~~= ~~~~ ?9:ii=:
Fringe Benefits Must Be Paid On All Hour~ Worked
"'~
~
t
fu
HEAVY EQUIPMENT OPERATORS
ASPHALT PAVEMENT OR OT~ER WORK'
------------~-------------------..,----------------------""..,----------------------------------------_.
Crane, Tower Crane or Derrick. With or Without Attachments. With a Lifting 22.00
. Capacity of Over 100 Tons; Crane, Tower Crane or Derrick, With Boom.
!-~?91>_é!I}~/.9! ~!~!-~.!l.911]~ M~~~,:!rll}g .:JJ~,-E~~~QrQ'{eL --- --,. - ~ - - - - - - - - n -'-- n --- --- -- - - - - --- -- - - -- n - --- --,'
Crane, Tower Crane or Derrick, With or Without Attachments, With a Lifting 26.02 12.70 38.72
Capacity of 1oO Tons or Under, Crane, Tower Crane or Derrick, With Boom,
Leads and/or Jib Lengths Measuring 175 Feet or Under; Backhoe (Track'
Type) Having a Mfgr.'s.Rated Capacity of 130,000 Lbs. or Over; Caisson Rig;
P11~J?riY~!;J?!~<!g~ {f::J9! P~_rfo!!,!i!:1g_WO!!<_~1l ~Il~ ~!~9! !-9!<~~1- - - -- - - ~ - ---.., - - n -- - -- - - - - - - - -- - -.., - ~ -- - - - - - - -.
Backhoe (Track Type) Having a Mfgr.'s Rated Capacity of Under 130,000 . 20.00 12.15 32.15
Lbs..; Tractor or Truck Mounted Hydraulic Backhoe; Gradall (Cruz-Aire Type);
Mechanic or Welder; Bulldozer or Endloader; Grader or Motor Patrol;
Scraper: (Self propelled or Tractor Drawn) 5 cu yards or more capacity;
Concrete Breaker (Manual or Remote); Power Subgrader; Concrete Grinder
or Plå'hing Machine; Concrete Slipform Placer; Curb and Gutter Machine;
Asphalt Plant; Asphalt Paver, Asphalt Screed; Asphalt Milling Machine; .
Roller (Over 5 Ton); Shouldering Machine; Trencher, Post Hole Digger or
Driver .
- - J:~tU!~ J!:19~~é!~~(~L~99 _$_1-:§9 _6}j !.2J~Q~;~99 _$J.:§Q _6Jj~~Q~E?;~99 _$J-:2§ _6j1~~Q.Qt;..ð99;_$J.:f?9 _611 ~~QQ.~. - - - -.., - - - - -.
Farm or Industrial Type Tractor; Greaser; Compactor (Self-Propelled); . Roller 20.00 12.15 32.15
(5 Ton or Under); Broom or Sweeper; Environmental Burner .
- - -':~tU!~ J!:1çr~é!~~(~1:_~99 _$J.:§9 _6}jgQQ~;_~99 -$J.:§9_6Jj[ZQ.~E?;~99 ~.:t§§_6j1L~Q.Q.~;~99 jJ:f?9 _6J1[~Q.Q.~.- - ~ - - - - - - -'
Oiler; C~sher, Screening or Wash Plant; Air Compressor, Generator; Pump 23.78 12.51 36.29
(3 Inch or Over) or Well Points; Forklift; Skid Steer Loader (With or Without
Attachments); Skid Rig; Stump Chipper, Mulcher, Vibratory Ha.mmer or
E~ractor '. .
fl~~¿9P!~~ǧ~L~~g~ÏÞ-~~D!~~~~~~~~~~~~~~~~~~~~~~~~~~~=~~~~~~~~~~~~1~~i~~~~~~~~~~iJjL~~~~~~~?9:ii~:
3.62
25,62
~
i
.~
This document MUST BE POSTED by the CONTRACTING AGENCY in at least one conspiçuous and easily accessible place
on the site of the project A local governmental unit may post this document at the place normally used to post public notièes if
there is no common site on the project. This document. MUST remain posted during the entire time any worker is employed on the
project and MUST be physically incorporated into the specifications and all contracts and most subcontracts. If you have any
questions, please write to the Equal Rights Division, labor Standards Bureau, P.O. Box 8928, Madison, Wisconsin 53708
or call (608) 266;0028.
00810-10
Determination No. 200500801
Page 9
The following statutory provisions apply to local governmental unit public works projects and are set forth
below pursuant to the requirements of s, 66,0903 (8), Stats, .
Each contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall keep full
and accurate records clearly indicating the name and trade or occupation of every person described in sub. (4) and an
accurate record of the number of hours worked by each of those persons and the actual wages paid therefor.
Any contractor, subcontractor or agent thereof, who fails tD pay the prevailing wage rate determined by the department
under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevaili n9
hòurs of labor determinded under sub.(3), shall be liable to any affected employe in the amount of his or her unpaid wages
or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action torecover
the liability may be maintained in 'anycourt of competent jurisdiction by any employe fot .and in behalf of that employe and
other employes similarly situated. No employe may be a party plaintiff to any such action unless the employe consènts in .
writing to become such a party and the consent is filed in the court in which the action is brought. Notwithstanding
s. 814.04 (1), the court shan, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs
: to be paid by the defendant. .
I
;
,
:'
. i
¡
i
00810-11
State of Wisconsin
Department of Workforce Development
Equal Rights Division
Labor Standai'ds aureau
Prime Contractor Affidavit of Compliance
With Prevailing Wage Rate Determination
Personally identifiable information may be used for secondary purposes.
(See Section 15.04(1 )(m), Wisconsin Statutes for details.)
This form must aNL Y be filed with the Awårding Agency indicated below.
Project Name:
'.
State Of
)
Project # :
Determination # :
I.
)SS
Date Determination Issued:
County Of
Awarding Agency:
Date of Contract:
Date Work Completed:
, After being duly sworn, the person whose name and signature appears below hereby states under penalty of
perjury that', .
!. I am the duly authorized officer of the corporation, partnership, sole proprietorship or business indicated
below and have recently completed all of the work required under the terms and conditions of a contract
with the above"named awarding agency and make this affidavit in accordance with the requirements'set
forth in Section 66.0903{9){c) or 103.49(4r){c), Wisconsin Statutes and Chapter DWD 290 of the
Wisconsin Administrative Code in order to obtain FINAL PAYMENT from such awarding agency.
- I have fully complied with all of the wage and hour requirements applicable to this project, including all of
the requirements set forth in the prevailing wage rate determination indicated above which was issued for
such project by the Department of Workforce Development on the date indicated above.
. I have received the required affidavit of compliance from each of my agents and subcontractors that
performed work on this project and have listed each of their names and addresses on page 2 of this
affidavit.
. I have full and accurate records that clearly indicate the name and trade or occupation of every worker(s)
that I employed on this project, including an accurate record of the hours worked and actual wages paid to
such worker{s). '
. I will retain the records and affidavit{s) described above and make them available for inspection for a
petiodpfatleast three (3) yearšfrornthe completion date indicated above at the address'indicated'below
anci shall not remove such records or affidavit(s) without prior notification to the awarding agency indicated
above.
I. Name of Corporation, Partnership, Sole Proprietorship or Business
(Address (Include Street or P.O. Box, City, State and ZIP Code
I PRINTName of Authorized Officer Date Signed
, ( )
;,Signature of Authorized Officer Telephone Number
The statutory authority for the use of this form is prescribed in Sections 66.090~{9)(c) and 103.49(4r)(c),
Wisconsin Statutes. '
The use of this form is mandatory. .
The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin Statutes.
ERD-5724 (R. 0312003)
00810-12
Name
List of Agents and Subcontractors
Address
City, State, Zip Code
Telephone Number (
Name
Address
City, State, Zip Code
Telephone Number (
Name
)
Address
City, State, Zip Code
Telephone Number. (
Name
)
Address
City, State, Zip Code
Telephone Number (
Name
)
Address
City, State, Zip Code
Telephone Number (
Name
)
Address
City, State, Zip Code
Telephone Number (
)
Name
Address'
"
"
,..
~
City, State, Zip Code
Telephone Number (
)
Name
Address
City, State, Zip Code
Telephone Number (
)
Name
Address
11
¡;
~
"Ê
City, State, Zip Code
Telephone Number (
)
Name
Address
City, State, Zip Code
Telephone Number (
)
Name
Address
City, State, Zip Code
T elephQne Number (
)
Name
Address
City, State, Zip Code
Telephone Number (
00810-13
Page 2
)
State of Wisconsin
Department of Workforce Development
Equal Rights DivlsiDn
. Labor Standards Bureau
Request To Employ Subjourneyperson
Personal information you provide may be used for secondary purposes. [See Section 15.04(1)(m), Wisconsin Statutes for details.] The use of this form is mandatory. . The authority
for the use of this form is prescribed in Section DWD 290.025, Wisconsin Administrative Code. The penalty for failing to complete this form is prescribed in Section 103.005(1 ?),
Wisconsin Statutes. .
The employer indicated below requests that the Department of Workforce Development (DWD) determine the prevailing wage rate(s) and related qualifications to
enable such employer to utilize a subjourneyperson(s) on the following public works project, in accordance with the provisions of Section DWD 290.025, Wisconsin
Administrative Code.
1. Name of Public Works Project
,
County City, Village or Township
Determination Number Project Number
0
0
00
f-'
0
I
....
,¡::..
2, Name of Employee (last, First and Initial) P ,0, Box or Street Address City State Zip Code Date of Birth JourneyClasslflcatlon
. .
3, Name of Employer (Print) Name of Person Making Request (Print)
POBox or Street Address City I State I Zip Code
Telephone Number Title of Requestor
( )
READ CAREFUllY: I fully understand that this request is ONLY applicable to the project and employee(s) listed above and that such employee(s) will ONLY work
under the direction of and directly assist a skilled trades employee by frequently using the tools of a skilled trades employee and will NOT regularly perform the
duties of a general laborer, heavy equipment operator or truck driver. If the employee(s) indicated above regularly perform(s) the work of a different trade or
occupation, he/she will be compensated for such work at the applicable journeypersons prevailing wage rate. I agree not to employ any employee as a
subjourneyperson on this project until I receive written confirmation from the DWD. After such confirmation is received, will compensate the employee(s) indicated
above in strict accordance with the directions received from the DWD. . .
Signature of Requestor
Date Signed
MAil COMPLETED REQUEST TO Equal Rights Division, labor Standards Bureau, P. O. Box a92~ Madison WI 53708.
You may call (608) 266-6860 if you need assistance in completing your request. .
ERD.10880 (R. 10/2004)
State of WIsconsin
Department of Workforce Development
. Equal Rights Division
Labor Standards Bureau
Agent or Subcontractor Affidavit of Compliance
With Prevailing Wage Rate Determination
NOTICE REQUIRED UNDER Section 15.04(1 )(m), Wisconsin Statutes, Authorization for this form is .
provided under Sections, 66.0903(9)(b) and 103,49(4r)(9b) Wisconsin Statutes. The use of this form is
.. mandatory. The penalty for failing to complete this form is prescribed in Section 103.005(12), Wisconsin
, Statutes. Personally identifiable information may be used for secondary purposes.
,
This form must ONLY be filed with the Awarding Contractor indicated below.
Project Name
.
-,
:
, State Of
Project Number
Determination Number
)
Date Determination Issued
Date of Subcontract
-.
)SS
,
"
Awarding Contractor
County Of
)
Date Work Completed
After being duly sworn, the person whose name and signature appears below hereby states under penalty of
perjury that "
. I am the duly authorized officer of the corporation, partnership, sole proprietorship or business indicated
below. We have recently completed all of the work required under the terms and conditions of a
subcontract with the above-namedawardìng contractor. We make this affidavit in accordance with the
requirements set forth in Section 66.0903(9)(b) or 103.49(4r)(b), Wisconsin Statutes and Chapter O'WD
290 of the Wisconsin Administrative Code in order to obtain FINAL PAYMENT from such awarding
contractor.
_,I'. I have fully complied with all of the wage and hour requirements applicable to this project, including all of
the requirements set forth in the prevailing wage rate determination indicated above which was issued for
such project by the Department of Workforce Development on the date indicated above.
- I have received the required affidavit of compliance from each of my agents and subcontractors that
J performedwork on this project and have listed each of their names and addresses on page 2 of this
affidavit.
'Ii.' I have full and accurate records that clearly indicate the name and trade or occupation of every worker(s)
that I employed on this project, including an accurate record of the hours worked and actual wages paid to
", such worker(s).
. I will retain the records and affidavit(s) described above and make them available for inspection fora
1 period of at least three (3) years from the completion date indicated above at the address indicated below
and shall not remove such records or affidavit(s) without prior notification to the awarding contractor. '
1 Name of Corporation, Partnership, Sole Proprietorship or Business
Street Address City
I
I Print Name of Authorized Officer
I State
Zip Code I Telephone Number
( )
Date Signed
\
I Signature of Authorized Officer
~RD-10584 (R. 08/2003)
List of Agents and Subcontractors
n^^,^ 1'-
Name
Street Address
- City
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Name
Street Address
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Telephone Number
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Street Address
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Telephone Number
( )
Name-
Street Address
City
Telephone Number
(- ) -
Name
Street Address
City
Telephone Number
( ) -
Name
Street Address
City
Telephone Number
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State
State
State
State
State
Name
Street Address
Zip Code City
Telephone Number
( )
Name
Street Address
Zip Code City
Telephone Number
( ) -
Name
Street Address
Zip Code City
Telephone Number
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Name
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Zip Code City
Telephone Number
( )
Name
Street Address
Zip Code City
Telephone Number
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Name
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Zip Code City
Telephone Number
( )
If you have any questions call (608) 266-0028
Page 2
00810-16
'1
State
Zip Code J;
I
J"'>1
- ~
9
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State
State
State
Zip Code
State
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'ssue' No, 46
, Page 1 of 3
Consolidated List of Debarred Contractors
Prepared and Issued By
State of Wisconsin,
"D~pl:IJtmentof,Workforce Development
This list has been prepared in accordance with the provisions 01s. 66.0903(12) ,~nd s, 103.49(7), 5tats. and Chapter DWD 294 of the Wisconsin
Administrative Code. All contractors o.n thi$lis~ \Ne,re. fo~nd to have committed a IId~barable offense" related to certain labor standard provisions
determined 'or established for a state orloèål public works project. No state agency or local governmental'unit may knowingly solicit bids from,
negotiate with or award any contracts to or approve ,or allow any subcontracts with a debarred contractor, including all divisions, affiliates or other
organizational elements of such contractor that are engaged in construction business activities, until the debarment is terminated. The name of
each debarred contractor must remain ,on this list for a pariod of three (3) years from the termination date indicated below. The contractor is,
"however, only "debarredll from the "êffeotive date" through the "termination date" indicated fQr that ,contractor. Questions regarding this list should
be address,ed to Mike Dixon, Equal Rights Division', P. O. Box 8928, Madison, WI 53708 or call (608) 266-0028. Deaf, hearing or speech-impaired
callers maycontáct the department by cålling itsTDD number (608) 264-8752. '
, '
October 1, 2004,
Name of Contractor
" Address
Effective Termination Cause Date of Limitations/Deviations
Date Date ~ Vlolatlon(s)
5/1/2003 10/31/2003 2 and 4 2001 None
1/1/03 12/31/05 1,2 1997- None
and 4 1999
Amigò Painting
Bay Asphalt, Inc.
844t-iughes Place
M¡adison, WI' 53713
'1792 5cray Hill Road
D~Pere, WI 5411S
0
0
00
......
0
I
......
"
Branstiter, Dwayne
5eeBran~titer Transportation,
Inc.; ," ,
Branstiter Transportation, Inc.
P. O,Box 201, Glidden, WI
54527' " '
3/1/03 8/31/03 1 and 2 8/2/00 to None
9/30/00
9/19/01 9/18/04 1,2 4/7/91 to' None
and 4 3/7/98
4/1/01 9/30/02 1 and 4 12/10/98 None
to 4/1/99
B.P. Phillips Construction, Inc.
1570' Fire Lane Drive
Green Bay, WI 54311
743 Eighth Street
Waupa.ca,WI?49~1,
DuFrane Quality Painting Co.
DuFrane, Tracy' '
See DuFrarÙ~ Quality Painting Co.
""', '
P. O. Box 34'81', Janesville,WI
53545
11/1/04
10/31/07
1,2
andA
200,1,
2002 and
2003"
None
HGI Painting
, ERO.10908-P (R. 5/2003)
Issue No, 46
Name of Contractor
, Haim, James
Haim Painting; Inc.
, Hedding, Matt
Jacobi, Sandi
Jacobi Sr" Michael A. '
0
0
00
.......
0
I
......
00
J. R. Electric
J. R. Electric, Inc.
Kletschka, Richard
Kletschka, Tristan"
LaCosse, Todd'
Mellendez, Odillon
Midwest Contractors, Inc.
Phillips, Bruc~ P.
í
"'N,",--",,-- """","""',
Address
. ,
, ,
See Haim Painting, JhC~
, , "
Nt5W221~0 J~t'¡oo Drive, #8
WaL ~~~ha, 'NIß3186
C/OHGI'p'ail'lting, P. O. Box
3481,Janesvilte,WI 53545
$ee, Wisconsin Detention
,~y~tems, Inc~ ';':
See Wisconsin Detention
Systems" Inc. "
d
2391 233r St, P. ,0. Box 491,
Cushing, WI 54006
~391 233rd St,P. O.Box 491,
C~shi'1g, WI 54Q06
See J. R. Electric and J. R.
Electric, Inc. ' "
,See.'J"R:Electric, In'c. ,
" .. .',' " " "..
SeeMi~westC~ntr$cto~s, Inc.
e, S~e ~migoP~inting
,2100 Depot St.,' Holt; M' .48842
See B;P. Phillips ConstrL ,ction,.,
Inc. .
Page 2 of 3
Effective Termination Cause Date of
Date Date Code Vlolatlon(s}
- - - ",:,".
4/1/01 ,3/31/04 1,2 7/6/97 to
and4 10/30/98
11/1/04 10/31/07 1,2 2001,
an~:4 2002 and
2003'
1/1/03
12/31/05
1/1/03
12/31/05
"',
" 6/21/02
6/20/05
"
1 and 2 1999
1 and 2 1999
1
6/11/99 to
12/31/99
October 1 2004
Limitations/Deviations
None
None
None
None
None
'è",~'c,",.ø
,~Y.."""",'
'~
".
.j.
. ,..F October 1,2004
Issue' No.'46 Page 3 of 3
Name of Contractor Address Effective Termination Cause Date of Limitations/Deviations
Date Date Code. Vlolation(s}
Rick's Painting & Drywall Po O. Box 2316, Eagle River, WI 3/1/03 2/28/06 1 5/8/00 to None
54521 4/30/01
R.L. Venske& Son 505 East Fulton Street 9/17/01 3/16/02 1,2 5/18/98 to None
Construction Edgerton, WI 53534 and 4 11/13/99
Scandia Heating and Air P. O. Box 7 5/1/2003 4/30/2004 1 and 2 2001 None
Conditioning, Inc. Scandia, MN. 55703
Strobel Construction, Inc.. P.,O.Box 231~, Eagle River, WI 3/1/03 2/28/06 1 5/8/00 to None
54521 4/30/01
.0 Strobel, Diane See Strobel Construction, Inc.
0
00 . Strobel, Rick
..... See Strobel Construction, Inc.
0
I
.....
\0 Talex Contractors, Inc. 1815 Nakomis Avenue 4/1/01 9/30/02 l' and 2 5113/98.to None
LaCrosse, WI 54603 12/1/98
Venske, Robert L. . See RL. Venske & Son
Construction
Wanta, Daniel See Bay Asphalt" Inc.
Wisconsin Detention Systems, . W204 N 16635 Jackson' Drive 1/1/03 12/31/05 1 9/2000 to None
Inc Jackson, Wisconsin 530.37 . 3/2001
West, James F. See Scandia Heating 'and Air
Conditioning. Inc. .
Zinke, Stacy See Talex Contractors, Inc.
Cause Code:
1 = Failure to Pay Straight Time
2 = Failure to Pay Overtime
3 = Kickback
4 = Payroll Records.
SPECIFICATIONS
OSHKOSHFI-82859
DIVISION 1
GENERAL REQUIREMENTS
°,
¡
oj
OSHKOSHFI-82859
SECTION 01112
SUMMARY OF WORK
1.01
PART 1 GENERAL
SUMMARY
1.02
1.03
1.04
1.05
Work of this Contract entails construction of approximately 3,710 lin ftof drainage channel, 345 lin ft of
36 in. by 58 in. reinforced concrete arch pipe culvert, 280 lin ft of 36 in. reinforced concrete pipe culvert, 688
lin ft of 30 in. storm sewer. 461lin ft of 24 in. storm sewer, 114 lin ft of 36 in. storm sewer, 110 lin ft of
jacked 48 in. reinforced concrete pipe culvert, 114lin ft of dual4 ft by 8 ftteinforced concrete box culvert,
one storm water sedimentation/detention pond and appurtenant work in the City of Oshkosh, Winnebago
County, Wisconsin... .
A.
B.
Measurement and Payment:
1.
Work specified in this section is considered incidental and payment shall be included as part of
appropriate lump sum or unit prices included in Bid Form.
DEFINITIONS
A.
Standard Specifications: "Standard Specifications for Sewer and Water Constructionin Wisconsin," Sixth
Edition dated December 22, 2003, including Addendum No.1 dated December 22, 2004.
FORM OF SPECIFICATIONS
These Specifications are written in imperative and abbreviated form. Imperative language of Specification
sections is directed. at CONTRACTOR, unless specifically noted otherwise. Incomplete sentences in
Specifications shall be completed by inserting "shall," "CONTRACTOR shall," "shall be," and similar
mandatory phrases by inference in same manner as they are applied to notes on Drawings. Words "shall be"
shall be supplied by inference where colon (:) used within sentences or phrases. Except as worded to contrary,
fulfill (perform) indicated requirements whether stated imperatively or otherwise.
A.
B.
Items of Work are specified by section. Specifications or requirements of one or more sections may apply or
be referenced in other sections.
C.
Provide Work described and comply with requirements stated in each Specification section and Drawings
unless specifically assigned to other Contractors or OWNER.
CONTRACTS
A.
Perform Work under single unit price Contract with OWNER.
WORK BY OTHERS
A.
Utilities:
1.
Telephone Utility (SBC) to relocate existing duct bank in Murdock Avenue.
a.
Coordinate construction sequencing with SBc. Contact:
Chuck Bartelt
SBC
700 East Division Street
Fond du Lac, WI 54935
01112-1
OSHKOSHFI-82859
1.06
1.07
D.
E.
F.
Phone: (920) 929-1013
E-Mail: CBI461@sbc.com
2.
Gas Utility (WPS) to relocate existing gas main in Murdock Avenue.
a.
Coordinate construction sequencing with WPS contact:
Paul Spangler
WPS Corporation
3300 N. Main Street
. P.O. Box 420
Oshkosh, WI 54903
Phone: 920-236-5908
E-Mail: pspangl@wpsr~com
MILESTONES (WORK SEQUENCE)
A.
Construct Work in stages to accommodate use of site during construction period; coordinate Construction
Progress Schedule and operations with OWNER and ENGINEER.
1.
Complete grading, seeding and restoration of Anchorage Channel by October 1, 2005.
B.
Construct Work in stages to provide for public convenience.
1.
Do not close off public use of facilities until completion of one stage of construction provides
alternative usage.
Stage construction such that Bowen Street and Murdock A venue (between Harrison Street and Bowen
Street) are not closed at same time.
Construct Murdock Avenue culverts and cormect storm sewer discharges to channel after channel
slopes have stabilized with vegetation. Refer to Erosion Control Plan in Appendix.
2.
3.
CONTRACTOR'S USE OF PREMISES
A.
Limit use of premises for Work and storage to allow for following.
1.
2.
Work by other Contractors.
Public use.
B.
Conduct operations to ensure least inconvenience to general public. Coordinate use of premises with
ENGINEER and OWNER.
C.
Assume full responsibility for protection and safekeeping of products under this Contract.
Obtain and pay for use of additional storage or Work areas needed for operations at no additional cost to
OWNER.
Confine operations to areas within Contract limits indicated. Do not disturb portions of site beyond areas in
which Work is indicated.
Do not use driveways, roads, and entrances serving premises for parking or storage of materials. Schedule
deliveries to minimize space and time requirements for storage of materials and equipment on Site.
¡
¡
. ,
j
01112-2
OSHKOSHFI-82859
1.08
.,
!
, ,
EASEMENTS, LICENSES, AND PERMITS
A
Easements 'and construction licenses obtained for Work shown on Drawings.
1.
2.
3.
4.
5.
.' ,
OWNER has copies of documents on file for review.
Comply with provisions of easements, licenses, and permits.
Obtain additional construction licenses necessary to complete Work.
Perform construction within existing rights-of-way.
Obtain written authorization from affected property owners or maintaining authorities if construction is
outside Ihese areas.
Comply with requirements of owners or maintaining authorities.
Obtain written approval of restoration from easement and construction license grantors shown on
Drawings.
6.
7.
B.
Construction in Railroad Rights-of-Way:
1.
Construction work, including protection of railroad tracks, property, and other facilities shall be in
accordance with Specifications and license agreement or pennit.
Do not commence Work within railroad rights-of-way until proper notice given as required by railroad
company.
2.
c.
Notify property owners of restoration completion by certified mail (return receipt requested, with copy to
' OWNER) similar to following.
'The undersigned Contractor has completed restoration of construction site on which you have granted
easement or license for installation of certain utilities and improvements. If site restoration is not completed to
your satisfaction, please contact City of Oshkosh Engineering, 215 Church Avenue, P.O. Box 1130, Oshkosh,
WI 54903-1130, in writing, and arrangements will be made immediately to view site and restore site in
conformance with our Contract obligations.
If City of Oshkosh does not hear from you in writing within 5 days from above date, site restoration of your
property will be deemed completed and acceptable to you."
(Signature)
(Name of CONTRACTOR)
(Address of CONTRACTOR)
1.
2.
Complete Work necessary to satisfy terms of Contract.
Failure of property owner to notify OWNER within 5 days, in accordance with above example, does
not relieve CONTRACTOR of any obligations under Contract.
OWNER will:
3.
a.
b.
Examine site upon receipt of notice of deficiency.
Have right to have remaining Work done by contract or force account and deduct cost thereof
from monies due CONTRACTOR should CONTRACTOR refuse to complete restoration work.
Waive requirement for obtaining statement if satisfied restoration completed in accordance with
Contract Documents.
c.
01112-3
OSHKOSHFI-82859
1.09
STAKING
A.
Proposed Work will be staked once, by ENGINEER, at no expense to CONTRACTOR. Should
CONTRACTOR request restaking, this Work will be done as ENGINEER' s schedule permits and at expense
of CONTRACTOR. Notify ENGINEER at least 3 days prior to start of open-cut work or 7 days prior to start
of jacked or augered work and when making periodic requests for line and grade stakes.
1.
ENGINEER will provide one line of survey stakes for utility work and prepare separate cut sheets
where multiple pipes are located in common trench.
CONTRACTOR shall maintain survey stakes.
2.
B.
Comply with Sections 2.1.5 and 2.1.6 of "Standard Specifications."
1.10
SERVICE LATERAL RELOCATION REQUIREMENTS
A.
CONTRACTOR shall relay existing 8-in. sanitary sewer service laterals for 222 Eo Nevada Avenue, at
minimum grade.
PART2 PRODUCTS
(Not Used)
PART3 EXECUTION
(Not Used)
1
~
þ
* * * END OF SECTION * * *
01112-4
OSHKOSHFI -82859
SECTION 01330
SUBMITTALS
PART I GENERAL
1.01 SUMMARY
A. Section Includes:
1.02
1.03
B.
A.
B.
A.
B.
C.
D.
E.
1.
Procedural requirements for Work-related submittals including Construction Progress Schedules, Shop
Drawings, product data, operation and maintenance (O&M) data and other miscellaneous Work-related
submittals.
Measurement and Payment:
1.
Consider Work specified in this section incidental and include cost as part appropriate lump sum or
unit prices specified in Bid Fonn.
DEFINITIONS
Submittal for Review:
1.
Submittal for ENGINEER'S review in accordance with requirements of Contract Documents.
Submittal for Record:
1.
Submittal for inclusion into OWNER'S records priorto Substantial Completion. Submittal will not be
reviewed by ENGINEER.
CONSTRUCTION PROGRESS SCHEDULES
Prepare and submit Construction Progress Schedule in accordance with General Conditions.
No Work shall be done between 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays orlegalholidays without
written pennissionofOWNER. Emergency work may be done without prior pennission.
< <
Night work may be establisliedby CONTRACTOR aš regular procedure with writtenpennission of OWNER.
Such pennission may be revoked at anytime by OWNER.
Prepare schedules in fonn of horizontal bar chart.
1.
2.
3.
4.
Provide separate horizontal bar for each operation.
Horizontal Time Scale: Identify first Work day of each week.
Scale and spacings to allow space for notations and future revisions.
Arrange listings in order of start of each item of Work.
Construction Progress Schedule:
1.
2.
Show complete sequence of construction by activity.
Show dates for beginning and completion of each major element of construction and installation dates
for major items. Elements shall include, but not be limited to, following.
a.
b.
c.
d.
Shop Drawing receipt from supplier, submittal to ENGINEER, review and return to supplier.
Material order, manufacturer, delivery.
Stonn sewer installation.
Sanitary sewer service lateral, water main, sanitary sewer force main relocations.
01330-1
OSHKOSHFI-82859
F.
1.03
A.
B.
;!'
!
e.
f.
g.
h.
Testing.
Construction of sedimentation/detention pond and channel.
Excavation, backfilling, pavement restoration.
Tunneling or jacking installation.
Connection to existing sewers.
Subcontractor's items of Work.
Restoration.
Final cleanup.
Allowance for inclement weather.
Miscellaneous items.
1.
J.
k.
1.
m.
n.
3.
Show projected percentage of completion for each item as of first day of each month.
Schedule Revisions:
1.
2.
3.
Every 30 days to reflect changes in progress of Work.
Indicate progress of each activity at date of submittal.
Show changes occurring since previous submittal of schedule.
a.
b.
Major changes in scope.
. Activities modified since previous submittal.
Revised projections of progress and completion.
Other identifiable changes.
c.
d.
4.
Provide narrative report as needed to define following.
a.
b.
Problem areas, anticipated delays, and impact on schedule.
Corrective action recommended and its effect.
Effect of changes on schedules of other Contractors.
~
>
~
.~
c.
SHOP DRAWINGS AND PRODUCT DATA
Scheduling:
1.
Provide submittal schedule for items of materials and equipment for which submittals are required by
Specifications in accordance with Subparagraphs 2.05.A.2 and 2.07 of General Conditions indicating
time requirements for coordination of submittals with performance of Work. Adjust submission
schedule tò reflect revisions to Construction Progress Schedule and submit to ENGINEER.
Prepare and transmit each submittal sufficiently in advance of scheduled performance of Work and
other applicable activities.
2.
CONTRACTOR'S Responsibilities:
1.
2.
Review Shop Drawings and product data prior to submittal.
Determine and verify following.
a.
b.
c.
d.
Field measurements.
Field construction criteria.
Catalog numbers and similar data.
Conformance with Specifications.
3.
4.
Coordinate each submittal with requirements of Work and Contract Documents.
Notify ENGINEER in writing, at time of submittal, of deviations in submittals from requirements of
Contract Documents.
Begin no fabrication or Work requiring submittals until return of submittals with ENGINEER
approval.
~
,
"
,
"
5.
01330-2
OSHKOSHFI-82859
1.04
C.
D.
E.
F.
A.
6.
Designate in Construction Progress Schedule, dates for submittal and receipt of reviewed shop
drawings. .
Submittals received but not requested in Specifications shall be returned without review.
7.
Submittals shall contain:
1.
2.
3.
4.
Date of submittal and dates of previous submittals.
Project title and number.
OWNER contract identification.
Names of:
a.
b.
c.
CONTRAC,TOR.
Supplier.
Manufacturer.
5.
6.
7.
8.
Identification of product, with identification numbers, and Drawing and Specification section numbers.
Field dimensions, clearly identified.
Identify details required on Drawings and in Specifications.
Applicable standards, such as ASTM or Federal Specification numbers. Identification of deviations
from Contract Documents.
Identification of revisions on resubmi~als.
8 if!. by 3 in. blank space for CONTRAçrOR and ENGINEER stamps.
CONTRACTOR'S stamp, signed, certifying to review of submittal, verification of products, field
measurement, field construction criteria, and coordination of infonnation within submittal with
requirements of Work atl,d ç()ntract Docum!,:pts.
9.
10.
11.
Resubmittal Requirements:
1.
2.
Comply with submittal requirements. .
Make corrections or changes in submittals required by ENGINEER. Resubmittals required until
approved. .
Identify on transmittal fonn submittal is resubmission.
Shop Drawings and Product Data:
3.
4.
a.
b.
c.
Revise initial drawings or data and resubmit as specified for initial submittal.
Indicate changes made other than those requested by ENGINEER.
ENGINEER'S responsibility for variation or revisions from previously reviewed submittal is
established in Article 6.17.D.3 of General Conditions.
Distribute reproductions of Shop Drawings al}d copies of product data which carry ENGINEER'S stamp
approval to following.
1.
2.
3.
4.
lobsite file.
Record documents file.
Subcontractors.
Supplier orfabricat()f.
ENGINEER'S Duties:
L
2.
3.
Review submittals in accordance with schedule.
Affix stamp and signature, and indicate requirements for resubmittal or approval of submittal.
Return submittals to CONTRACTOR for distribution or for resubmittal.
TEST RESULTS AND CERTIFICATIONS
Submit test results and certifications required in Specification sections.
01330-3
OSHKOSHFI-82859
1.05
1.06
B.
Submit test results upon completion of test or submittal of results trom testing laboratory.
C.
Test results and certifications are submitted for review of conformance with specified requirements and
infonnation.
GUARANTEE, W ARRANTIES,MAINTENANCE AGREEMENTS,
AND WORKMANSHIP BONDS .
A.
Refer to Specification sections for requirements. Submittal considered final when submittal is returned by
ENGINEER, marked "Approved" or "Approved as Noted."
B.
In addition to copies desired for CONTRACTOR'S use, furnish 2 executed copies. Provide 2 additional
copies where required for maintenance data.
ACTION ON SUBMITTALS
A.
ENGINEER'S Action:
1.
General:
a.
Except for submittals for record and similar purposes, where action and return on submittals
required or requested, ENGINEER will review each submittal; mark With appropriate action, and
return. Where submittal must be held för coordination, ENGINEER will so advise
CONTRACTOR without delay.
ENGINEER will stamp each submittal with action stamp, appropriately marked with submittal,
action.
b.
2.
Notification of Insufficient Information:
a,
Ifinformation submitted is not sufficient to complete review of submittal, ENGINEER will send
transmittal to CONTRACTOR notifying CONTRACTOR that additional information is
required. .
Submittal will not be returned. Submittal will be placed in an "on hold" status until
CONTRACTOR provides additional infonnation.
b.
B.
Action Stamp:
1.
Marking: Approved.
a.
Final Unrestricted Release: Whèresubmittals are mårked as "Approverl," Work covered by
submittal may proceed provided it complies with Contract Documents. Acceptance of Work
depends on that compliance.
2.
Marking: Approved As Noted,
a.
Final-But-Restricted Release: When submittals are marked as "Approved With Noted
Exceptions," Work covered by submittal may proceed provided it complies with ENGINEER'S
notations or corrections on submittal and with Contract Documents. Acceptance of Work
depends on that compliance. Resubmittal is not required.
3.
Marking: Not Approved.
a.
Submittal Not Accepted: When submittals are marked as "Not Approved," do not proceed with
Work covered by submittal. Work covered by submittal does not comply with Contract
Documents.
Prepare new submittal for different material or equipment supplier or different product line or
material of same supplier complying with Contract Documents.
b.
01330-4
OSHKOSHFI-82859
.,
)
i
. i
4.
Marking: Revise and Resubmit.
a.
Returned for Resubmittal: When submittals are marked as "Revise and Resubmit," do not
proceed with Work covered by submittal. Do not pennit Work covered by submittals to be used
at Project site or elsewhere where Work is in progress.
Revise submittal or prepare new submittal in accordance with ENGINEER'S notations.
Resubmit without delay. Repeat if required to obtain different action marking.
b.
PART2 PRODUCTS
(Not Used)
3.01
PART 3 EXECUTION
SUBMITI AL REQUIREMENTS
A.
Provide complete copies of required submittals as follows.
1.
Construction Progress Schedule:
a.
b.
2 copies of initial schedule.
2 copies of each revision.
2.
3.
4.
Shop Drawings and Product Data: 6 copies.
Test Results: 3 copies.
Other Submittals:
a.
b.
6 copies if required for review.
3 copies if required for record.
* * * END OF SECTION * * *
01330-5
OSHKOSHFI-82859
SECTION 01455
TESTING LABORATORY SERVICES
PART 1 GENERAL
1.01 SUMMARY
A. Measurement and Payment:
1.02
1.03
1.03
D.
1.
Consider work specified insectionincidental and include coast as part of appropriate lump sum or unit
prices specified in Bid Fonn
PERFORMANCE REQUIREMENTS
A
Employ and pay for services of testing laboratory approved by OWNER to perfonn specified services and
testing as described in Specifications. .
1.
Employment of laboratory shall, in no way, relieve CONTRACTOR'S obligations to perfonn Work of
Contract.
B.
Related Requirements in Other Parts of Contract Documents:
1.
Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public
authorities, Conditions of Contract.
QUALIFICATION OF LABORATORY
A.
Meet basic requirements of ASTM E329.
B.
Authorized to operate in state in which Project is located.
C.
Testing Equipment:
1.
Calibrated at reasonable intervals by devices of accuracy traceable to either:
a.
b.
National Bureau of Standards.
Accepted values of natural physical conslants.
LABORATORY DUTIES
A.
Cooperate with ENGINEER and CONTRACTOR; provide qualified personnel to perfonn Work after due
Notice to Proceed.
B.
Perfonn specified inspections, secure samples, and test materials.
1.
2.
Comply with specified standards.
Ascertain compliance of materials with Contract Documents.
c.
Promptly notify ENGINEER and CONTRACTOR of observed irregularities or deficiencies of Work,
equipment or material.
Promptly submit written report of each test and inspection; one copy each to ENGINEER, OWNER, material
supplier, and CONTRACTOR, and one copy to record document file. Each report shall include following.
1.
Date issued.
01455-1
OSHKOSHFI-82859
1.04
1.05
E.
A.
A.
B.
c.
D.
E.
F.
G.
'~
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Project title and number.
OWNER contract number.
Testing laboratory name, address, and telephone number.
Name and signature of laboratory inspector.
Date and time of sampling or inspection.
Record of temperature and weather conditions if test performed in field.
Date of test.
Identification of product and Specification section.
Location of sample or test in Project.
Type of inspection or test.
Results of tests and compliance with Contract Documents.
Interpretation of test results, when requested by ENGINEER.
.~
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Perform additional tests as required by ENGINEER or CONTRACTOR.
LIMITATIONS OF AUTHORITY OF TESTING LABORATORY
Laboratory is not authòrized to:
1.
2.
3.
Release, revoke, alter or enlarge on requirements of Contract Documents.
Approve or accept any portion of Work.
Perform duties of CONTRACTOR.
CONTRACTOR'S RESPONSIBILITIES
Cooperate with laboratory personnel and provide access to Work.
Provide to laboratory préliminary design mix proposed to be used for concrete and other material fiÚxes which
require control by testing laboratory.
Furnish copies of product test reports.
Furnish incidental labor and facilities.
1.
2.
3.
4.
Provide access to Work to be tested.
Obtain and handle samples at Project site or at source of product to be tested.
Facilitate inspections and tests.
Store and cure test samples.
Notify laboratory and ENGINEER sufficiently in advance of operations to allow for laboratory assignment of
personnel and scheduling of tests.
1.
When tests or inspections cannot be performed after such notice, reimburse OWNER for laboratory
personnel and travel expenses incurred due to CONTRACTOR'S negligence.
Make arrangements with laboratory and pay for additional samples and tests required for CONTRACTOR'S
convenience.
Employ and pay for services of testing laboratory to perform additional inspections, sampling, and testing
required when initial tests indicate Work does not comply with Contract Documents.
PART 2 PRODUCTS
(Not Used)
01455-2
OSHKOSHFI-82859
¡
j
PART 3 EXECUTION
(Not Used)
* * * END OF SECTION * * *
.j
01455-3
OSHKOSHFI-82859
SECTION 01788
PROJECT RECORD DOCUMENTS
1.01
PART I GENERAL
SUMMARY
1.02
A.
B.
A.
B.
1.
. 2.
3.
4..
5.
6.
Maintai~ at site one æ~ord copy of:
1.
2.
3.
4.
5.
6.
7.
8.
. Drawings.
Project ManuaL
Addenda.
Change orders and other modifications to Contract.
ENGINEER's Field Orders, Work Change Directives, Written Amendments, or clarifications.
Returned Shop Drawings and other submittals.
Field test records.
Certificates of inspection and approvals.
Measurement and Payment:
1.
Consider work specified in this section incidental and include cost as a part of appropriate lump sum or
unit prices specifieq. in Bid Fonn.
SUBMITTALS
At Substantial Completion:
1.
Deliver I marked up set of record documents to OWNER.
Submit with transmittal letter containing following:
Date.
~fQje:cttitle and numþer.
OWNER contract number.
. CQNTRACTOR'S name. and address.
Title of record document.
Signature of CONTRACTOR or. authorized representative.
PART 2 PRODUCTS
(Not Used)
3.01
PART 3 EXECUTION
MAThITENANCE OF DOCUMENTS
A.
B.
C.
Store record documents and samples on-site apart from documents used for construction.
1.
Provide files and racks for storage of documents.
Maintain record documents in clean, dry, legible condition and in good order. Do not use record documents
for constructio~ purposes.
Make record documents and samples available for inspection by ENGINEER or OWNER.
01788-1
OSHKOSHFI-82859
3.02
D.
A.
B.
c.
Failure to properly maintain record documents may be reason to delay portion of progress payments until
records comply with Contract Documents.
'"
f
s
RECORD DOCUMENTS
General:
1.
Maintain I complete set of Drawings and Project Manual, including Addenda, legibly annotated to
show changes made during construction.
Label each document "PROJECT RECORD" in neat, large printed letters.
Record infotmation concuITently with construction progress:
2.
3.
a.
b.
Do not conceal Work until infotmation is recorded.
Record changes made by Field Order, Change Order or Work Directive Change and identifY
document number.
4.
Give particular attention to concealed equipment and materials that would be difficult to meaSure and
record at later date.
Drawings:
1.
2.
3.
Graphically depict changes by modifYing or adding to plans, details, sections, elevations, or schedules.
Make changes on each sheet affected by changes.
Dimensions:
a.
Horizontal and vertical locations of underground utilities and appurtenances, referenced to
pennanent surface improvements.
..
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4.
Details not on original Drawings.
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Specifications:
1.
Mark Specification sections to show substantial variations in actual Work perfotmed in comparison
with text of Specifications and modifications.
Include variations in products delivered to site and from manufacturer's installation instructions and
recommendations.
Give particular attention to substitutions and selection of options and similar infotmation.
Note.relatedrecord drawinginfonnation and Product Data.
2.
3.
4,
* * * END OF SECTION * * *
t
,
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01788-2
OSHKOSHFI -82859
DIVISION 2
SITE CONSTRUCTION
OSHKOSHFI-82859
SECTION 02232
SITE PREPARATION
PART 1 GENERAL
1.01
1.02
SUMMARY
A.
Section Includes:
1.
2.
3.
Clearing and grubbing.
Stripping topsoil.
Demolition and miscellaneous surface features.
B.
Measurement and Payment:
1. Include cost of Work specified in this section in appropriate lump sum or unit prices specified in Bid
. Form.
DEFINITIONS
A.
Structures and Surface Features: Existing structures and surface features including buildipgs, pavements, curb
and gutter, signs, posts, fences, trees, shrubs, landscaped surface features, and other miscellaneous items.
B.
Utilities: Existing gas mains, water mains, steam lines, electric lines and conduits, t~lephone and other
communication lines and conduits, sewer pipe, cable television, other utilities, and appurtenanc¿s.
c.
Gearing and Grubbing: Cutting and disposing of trees, brush, windfalls, logs, and other vegetation, a.pd
removing and disposing of roots, stumps, stubs, grubs, logs, and other timber.
D.
Salvaged Topsoil: Natural loam, sandy loam, silt loam, silty clay loam, or clay loam humus-bearing soils
available from overlying portions of areas to be excavated for construction.
PART 2 PRODUCTS
(Not Used)
3.01
PART3 EXECUTION
PREPARATION
3.02
A.
Provide minimum 3 working days notice, prior to beginning construction, to owners of existing utilities,
structures, and surface features.
B.
Provide protection and support during construction for existing utilities, structures, and surface features..
c.
Remove obstructions such as mounds of dirt, stone or debris located within limits of construction.
Obstructions such as street signs, culverts, end walls, advertising signs, mail boxes, and guard posts may be
removed if replaced when need for removal is completed. Replace to original condition.
CLEARING AND GRUBBING
A.
Clear and grub areas within easements and rights-of-way as necessary for Work.
02232-1
OSHKOSHFI-82859
3.03
3.04
3.05
A.
B.
B.
Grub to depth of not less than 12 in. below original ground surface or subgrade.
c.
Do not remove or cut down trees unless located within limits of excavation.
D.
Do not trim trees unless located within easements or rights-of-way shown on Drawings. Cut interfering tree
roots and branches I in. or greater in dia perpendicular to direction of growth on tree side of trench.
E.
Dispose of materials removed by clearing and grubbing in accordance with applicable regulations.
STRIPPING TOPSOIL
A.
Cut or mow and remove grass, weeds, and other vegetation before strippirig topsoil.
B.
Remove topsoil to entire depth within limits of excavation. Stockpile topsoil within right-of-way. Do not
stockpile in paved areas. Stockpile for proper drainage. Install filter fabric silt fence around perimeter of
stockpile.
c.
Strip stockpiie areas of vegetation prior to stockpiling.
D.
Stripped topsoil shall be free from clay, stones, vegetation, and debris.
DEMOLmON
A.
Demolition includes cutting and breaking out existing concrete and masonry, and removal of equipment,
piping, pavement, utilities. structures, and surface features in direct conflict with Work or required to be
demolished as shown on Drawings.
B.
Dispose of following:
1.
Railroad spur track ties.
c.
Salvage and deliver following items to specified locations:
1.
Railroad Spur Track Rails:
Street Division of Department of Public Works
639 Witzel Avenue
Oshkosh, WI 54901
D,
. .-. - . ..
Protect utilities, structures, surface features, and facilities which are to remain in-place.
RESTORATION
Restore existing utilities, surface features, and structures to condition equal to condition which existed prior to
construction.
Replace to original condition or better, damaged landscape work such as trees, shrubs, and grass within and
outside of construction limits in accordance with Paragraph 3.1O.E., Section 02500.
* * * END OF SECTION * * *
\
J
02232-2
OSHKOSHFI -82859
i
i
SECTION 02315
STRUCTURE EXCAVATION AND BACKFILLING
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.02
1.03
"
1.
Work associated with construction of cast-in-place concrete, including pond outlet structure, inlet
junction chamber, stonn sewer junction chamber, culvert endwall~ and box culvert headwalls.
B.
Measur~ment and Payment:
1.
Include cost of work specified in this section in appropriate lump sum or unit prices specified in Bid
~nn. .
DEFINITIONS
Influence Zone Under Foundations, Pavements, or Sidewalks: Area below foundation or pavement and
sidewalk base bounded by 1 horizontal to 2 vertical slope extending outward from 1 ft beyond outer edges of
foundation, pavement or sidewalk.
A.
B.
Influence Zone Under Piping: Area below limits bounded by line 6 in. below pipe and byl horizontal to
2 vertical slope extending outward from thatline 1 [t beyond outer edge of pipe.
Co
Unsuitable Material: Topsoil, peat, organic soils, and materials containing slag, cinders, foundry sand, debris,
and rubble or soil with less than required bearing capacity as detennined by ENGINEER.
SUBMITTALS
A.
Shop Drawings:
Shoring, Bracing, and Sheeting Layout and Details: ENGINEER will review submitted material to
asç~ctain ~ffect on new construction. ENGINEER will not review shoring, bracing, and sheeting for
str.m;tural integrity or effect onexisting facilities.
L
B.
Product Data:
1.
Filter fabric manufacturer's literature.
C.
Test Results:
1.
2.
Compaction testing results.
Additional soil testing as required herein.
D.
Miscellaneous Submittals:
1.
Test results to verify fill materials meet specifications.
E.
Submit in accordance with Section 01330.
02315-1
OSHKOSHFI-82859
L04
LOS
QUALITY ASSURANCE
A.
Testing:
L
2.
3.
Testing shall be provided by CONTRACTOR.
Degree of Compaction: ASTM 01557, (Modified Proctor).
Moisture Content: Within 3% of optimum when placed and compacted, unless otherwise approved by
ENGINEER.
B.
Sheeting, Shoring, and Bracing:
L
Sheeting, shoring, and bracing shall be designed by Professional Engineer registered in the state of
Wisconsin.
Sheeting, shoring, and bracing shall confonn to safety requirements of federal, state, or local public
agency having jurisdiction over such matters. Most slringent of these requirements shall apply.
2.
PROJECT/SITE CONDITIONS
A.
Do not block or obstruct sidewalks, roads, streets or pavements with excavated materials, except as authorized
by ENGINEER. Trim banks to minimize inconvenience to public Iravel or tenants occupying adjoining
property.
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B.
Sheeting, Shoring, and Bracing:
ß
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L
Sheeting, shoring, and bracing shall not affect structural integrity of new construction, watertightness or
waterproofing of new construction, and shall allow for sufficient clearances necessary to install
associated appurtenances adjacent to new construction.
Sheeting, shoring, and bracing, shall not penelrate walls or slabs of new construction unless approved
by ENGINEER.
2.
2.01
PART 2 PRODUCTS
STRUCTURAL FILL
2.02
2.03
A.
Well-graded or poorly'graded gravels and gravel-sand mixtures, well graded or poorly graded sands and
gravelly sands or other approved granular material, of2 in. maximum size, free from organic and deleterious
materials. Classified as GW, GP, SW, or SP in Unified Soil Classification System.
B.
Plasticity Index: ASTM 04318, 6 or less. Plasticity Index shall be perfonned on fraction of material that
passes the No. 40 sieve.
C.
Maximum Fines: ASTM D422, 10% passing No. 200 sieve.
D.
Unifornúty Coefficient: 5 or greater.
FREE-DRAINING FILL
A.
ASTM C33, Size No. 67
B.
Washed Crushed Stone, Maximum Fines: ASTM 0422, 1 % passing No. 200 sieve.
EARTH FILL
ø
A.
Subsoil or sand, free of wood, peat, cinders, organic and deleterious matter or other rubbish.
02315-2
OSHKOSHFI-828S9
2.04
1
2.05
2.06
FILTER FABRIC
A.
Manufacturers:
1.
2.
3.
4.
Mirafi 140NL by Mirafi, Inc.
Style 4545 by Amoco Fabrics and Fibers Company.
GTF-130EX by Linq Industrial Fabrics, Inc.
Or equal.
B.
Porous non-woven fabric with multiple layers of randollÙY arranged fibers, weighing not less than 4.0 oz/sq yd
(typical).
SHEETING, SHORING, AND BRACING
A.
Type, design, detail, and installation of shoring, sheeting, and bracing shall be detennined by and sole
responsibility of CONTRACTOR.
SOURCE QUALITY CONTROL
A.
Testing:
1.
2.
One sieve analysis, plasticity index, and unifonnity coefficient for each source of structural fill.
One sieve analysis for each source of free-draining fill.
3.01
PART3 EXECUTION
PREPARATION
3.02
3.03
A.
A.
Notify corporations, companies, individuals or authorities owning above or below ground conduits, wires,
pipes or other utilities running to property or encountered during excavating operations.
B.
Cap or remove and relocate services in accordance with instructions by owners of said services.
c.
Protect, support, and maintain conduits, wires, pipes or other utilities that are to remain in accordance with
requirements of owners of said services.
SHEETING, SHORING, AND BRACING
A.
Whenever necessary to prevent caving during excavation and to protect adjacent structures, property, workers,
and public; excavations shall be sheeted, shored, and braced. .
B.
When sheeting, shoring, and bracing is required, install to prevent soil from entering excavation below or
through sheeting.
c.
Keep sheeting in-place until slructure is placed, tested, and backfilled.
D.
Remove sheeting, shoring, and bracing in manner not damaging structure or pennittîng voids within backfill.
E.
Fill settled areas remaining after sheeting has been pulled with sand or other approved material.
FILL USAGE
Structural: Within influence zone of footings and foundation slabs.
02315-3
OSHKOSHFI-82859
3.04
3.05
3.06
3.07
B.
Free Draining Fill: Where herein specified.
C.
Earth: Other areas not previously specified.
DEWATERING
A.
CONTRACTOR is responsible for choosing method of groundwater control.
B.
If CONTRACTOR chooses to use deep wells or well points, wells and well points shall be designed, installed,
and operated to prevent removal of in-situ materials.
C.
Keep construction site free-draining.
D.
Keep excavations free from water.
E.
Maintain groundwater minimum of 12 in. below excavations.
F.
Remove soil disturbed by pressure or flow of groundwater and replace with free-draining material.
G.
Maintain dewatering systems to prevent uplifting of and damage to structures.
H.
Protect adjacent utilities, structures, and properties from damage resulting from dewatering operations.
I.
Drill, maintain, and abandon dewatering wells in accordance with federal, state, and local ordinances.
SURFACE PREPARATION
"Ii
Ii
~
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A.
Fill settled areas where excavations or trenches were backfilled and holes made by demolition, tree removal,
and site preparation work.
B.
Remove and replace or recompact natural soils or compacted fill softened by frost, flooding, groundwater or
weather.
c.
Remove frozen soils within influence zone and replace with structural fill.
D.
Do not excavate within influence zone of existing footings or foundations, without prior approval of
ENGINEER. .
EXCAVATION
A.
Excavate to elevations and dimensions necessary to complete construction. Method of excavation shall be
consistent with soil types encountered and result in undisturbed foundation subgrade. Loosened soils shall be
recompacted or removed and replaced with fill material meeting these Specifications.
B.
Remove unsuitable material within influence zone of footings and foundations.
C.
Upon completion of excavation, notify ENGINEER before proceeding wilh further Work.
D.
Protectexcavated areas from freezing.
PLACING FILL
A.
Notify ENGINEER before placing fill material.
02315-4
OSHKOSHFI-82859
3.08
3.09
B.
Do not use frozen material or place fill on frozen subgrade.
c.
Fill excavations below bottom of foundation or footing elevations within influence zone with cöncrete or
structural fill.
D.
Do not backfill until new concrete is properly cured and required tests accepted.
E.
Do not operate power-operated earth moving or backfill equipment closer to foundation walls or other
structures than distance equal to 1/2 height of backfill above top of footing.
F.
Place fill simultaneously on both sides of free-standing structures.
G.
Begin compaction of each layer at structure wall to minimize lateral forces against structure due to wedging
action of soil.
H.
Lift Thickness and Compaction: Place and compact fill materials in maximum lift thickness and to minimum
densities listed.
Location Loose Lift Standard
Thickness (in,) Proctor (%)
Pond, Berms, Structure Foundation 8 95
Sidewalk, Pavin12;, Piping, Influence Zones 12 90
Lawn and Landscaped Areas 12 80
I.
Stop backfill at specified or indicated grade to allow for placing of topsoil when required.
J.
Compact backfill in lawns and landscaped areas adjacent to structures to minimum density noted herein, but
not more than 90% of maximum dry dçnsity as determined by ASTM D1557.
FIELD QUALITY CONTROL
A.
Testing:
1.
2.
3.
One field density test for each 25 cu yds of structural fill, minimum Qne each lift.
One field densjty test for each 500 cu yds of earth fill around structures.
Method of Testing: Determine in-place density of fill at maximum intervals specified herein in
accordance with ASTM D1556, D2167, D2922 or D2937.
MATERIAL DISPOSAL
A.
Excess Excavated Material: Confonn to Section 02330.
* * * END OF SECTION * * *
02315-5
OSHKOSHFI-82859
SECTION 02330
MASS EXCAVATION
1.01
PART 1 GENERAL
SUMMARY
1.02
1.03
A.
Section Includes:
1.
2.
3.
4.
Site grading.
SedimentationlDetention pond excavation.
Channel excavation.
Snow melt runoff diversion berm grading.
B.
Measurement and Payment:
1.
Inc1ude cost of work specified in this section in appropriate lump sum prices specified in Bid Form.
a.
Inc1ud~ costs of hauling excess material off-site.
2.
Approximate Excess Excavated Material Quantities:
a.
b.
Anchorage Channel:
Murdock Pond:
35,500 cu yd.
29,000 cu yd.
3.
Contaminated Material Disposal: Allowance is for additional cost to dispose of contaminated soil
should contaminated soil be encountered. ENGINEER will determine extent of contanñnation in field,
should contanñnation be encountered.
DEFINITIONS
A.
Unsuitable Material: Topsoil, peat, organic soils, and materials containing slag, cinders, foundry sand, debris,
and rubble, or soil with less than required bearing capacity as determined by ENGINEER.
B.
Excess Excavated Material: Excess structural fill or earth fill material.
c.
Standard Specifications: "Standard Specifications for Sewer and Water Construction in Wisconsin", Sixth
Editi()fi, Decel1).ber 22,2003 including Addendum No.. 1 dated December 22, 2004.
SUBMITTALS
A.
Method for identifications of soils encountered during excavation.
B.
Proposed stockpiling plan which identifies which piles CONTRACTOR will be hauling to and from. Plan
shall identify access routes, stockpile dimensions, restoration plan and erosion control measures.
c.
Test Results.
D.
Weigh scale tickets for contaminated material disposal should contanúnatedmaterial be encountered.
E.
Subnút in accordance with Section 01330.
02330-1
OSHKOSHFI-82859
2.01
PART 2 PRODUCTS
MATERIALS
A.
Structural Fill:
1.
Comply with Section 02315.
B.
Earth Fill:
1.
Comply with Section 02315.
C.
Rubble:
1.
. Broken concrete or stone with no items such as reinforcing bars, wood or organic material.
D.
Topsoil:
1.
Fertile, friable loam containing liberal amount of humus, neither excessively acidic, nor excessively
alkaline, suitable for growth. of grass and plants. Free from hard lumps, plants and roots, gravel,
cinders, stone over II2-in. in any dimension, weed seeds and quack grass roots and other undesirable
material. '.
Topsoil removed and stockpiled under Section 02232 may be used, provided it meets above
requirements.
.~
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2.
E.
Breaker Run Stone:
1.
Comply with section shown on Drawings.
3.01
PART 3 EXECUTION
PREPARATION
3.02
B.
C.
D.
3.03
A.
B.
A.
Comply with Section 02232.
SITE GRADING
A.
Unifonnly grade areas to smooth surface, free from irregular surface changes. Gradeto cross sections, lines,
and elevations indicated.
1.
2.
Provide smooth transition between existing adjacent grades and new grades.
Cut out soft spots, fill low spots, and trim high spots to conform to required surface tolerances.
Fill settled areas where excavations or trenches were backfilled and holes made by demolition, tree removaJ,
and site preparation work. .
Slope grades to direct water away from buildings and to prevent ponding to required elevations tolerances.
No mOre than 500 ft of channel shall be exposed at any time prior to topsoiling and seeding.
EXCA VA TION
Excavate within limits of Project to lines, grades, and elevations shown on Drawings.
Segregate excavated materials into structural fill, earth fill, topsoil and unsuitable material.
02330-2
OSHKOSHFI-82859
3.04
F.
3.05
3.06
A.
C.
Over excavate to remove unsuitable material.
D.
Should Contaminated Material be Encountered:
1.
CONTRACTOR shall stop digging at that location while ENGINEER determines extent of
contamination.
Contaminated material shall be over-excavated to depth of 4 ft below channel invert and replace with
earth fill or structural fill.
2.
MATERIAL DISPOSAL
A.
Section 2.2.10 of "Standard Specifications", except as modified below:
1.
OWNER has right to excess excavated material. Dispose of excess material off-site.
a.
At CONTRACTOR's option, contact following sites for disposal infonnation.
1)
2)
Winnebago County Landfill: Lee Tomandl, phone (920) 232-1850.
Vulcan Materials - Oshkosh Quarry: Steve Smith, phone (920) 231-6330.
B.
Dispose of unsuitable material off-site.
c.
Dispose of concrete, pavement and rubble material at sites approved by OWNER.
D.
Obtain permission for use of disposal sites.
E.
Keep disposal sites graded to drain.
Do not place excess excavated material, debris, rock, sand or other pollutant in state waters, including
wetlands, without prior written approval from Wisconsin DNR and U.S. Army Corps of Engineers.
G.
Dispose of contaminated material in accordance with state and local regulations.
DEWATERING
A.
Maintain surface water controlanqfree drainage.
B.
Provide surface water pumps, hoses and other necessary equipment and labor to keep excavation free of
standing water.
FIELD QUALITY CONTROL
Tolerances:
1.
2.
Excavation 0.5 ft horizontal and 0.2 ft vertical unless approved in writing by ENGINEER.
Rough Grading Tolerances:
a.
Grade to 6 in. below finished grade in areas to receive topsoil, unless new grade is less than 6 in.
above existing grade.
Grade to bottom of base course in areas to receive paving or riprap.
Maximum allowable variation from design elevation in 1 in. in 10 ft.
Degree of finish shall be ordinarily obtainable from either blade-grader or scraper operations,
except as otherwise specified.
b.
c.
d.
02330-3
OSHKOSHFI-82859
B.
Final grades shall be surveyed and submitted to ENGINEER.
* * * END OF SECTION * * *
C1
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02330-4
OSHKOSHFI-82859
SECTION 02378
GROUND ST ABILIZA TION WITH EROSION CONTROL MAT
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.02
1.03
B.
A.
B.
A.
B.
1.
Work associated with furnishing and installation of erosion control mat for stabilization of slopes.
Measurement and Payment:
1.
Include cost of Work specified in this section in appropriate lump sum prices as specified in Bid Form.
SUBMITTALS
Product Data:
1.
2.
Manufacturer's certification and installation recommendations for erosion control mat.
. Mimufacturer's certification of confonnance test results for erosion control mat.
Submit in accordance with Section 01330.
DELIVERY, STORAGE, AND HANDLING
Deliver fabric to Project site to facilitate handling and incorporation into Work without damage.
Store material in accordance with manufacturer's recommendations and prevent damage by other construction
activities.
2.01
PART 2 PRODUcrS
MATERIAL
B.
c.
A.
Class I, Type A Erosion Control Mat:
1.
Erosion control mat shall meet requirements for Class I, Typ~ A, erosion .íIiats listedin Product
Acceptability List for Multi-Model Applications, September 2004 Edition, published by Wisconsin
DepanunentofTransportation.
Class I, Type B Erosion Control Mat:
1.
Erosion control mat shall meet requirements for Class I, Type B, erosion mats listed in Product
Acceptability List for Multi-Model Applications, September 2004 Edition, published by Wisconsin
Department of Transportation.
Class TII, Type A Erosion Control Mat:
1.
Erosion control mat shall meet requirements for Class TII, Type A erosion mats listed in Product
Acceptability List for Multi-Model Applications, September 2004 Edition, published by Wisconsin
Depanunent of Transportation. .
02378-1
OSHKOSHFI-82859
D.
Staples: Staples and pins to secure erosion control mat to ground shall meet erosion mat manufacturer's
recommendations.
3.01
PART 3 EXECUTION
PREPARATION
3.02
3.03
A.
3.04
A.
Sedimentation/Detention Pond: Install from top of bank to normal water surface elevation as shown on
Drawings.
Drainage Channel: Install from top of bank to top of bank, except where riprap is called for on
Drawings.
Snow Melt Runoff Diversion Berm: Install from toe of slope to toe of slope.
A.
Remove surface protrusions, debris, sharp objects, trees, stumps, Or large roots.
B.
Grade smooth or fill ruts in subgrade in excess of 3 in. deep.
C.
Seed area before installing mat.
INSTALLATION OF FABRIC
A.
Install in accordance with manufacturer's instructions.
1.
2.
3.
B.
Lap fabric to cover area.
1.
Minimum Laps:
a.
Lap: 24 in.
STAPLES
Staple erosion control mat at four staples per square yard.
FIELD QUALITY CONTROL
Repair or replace damaged fabric.
1.
2.
Torn fabric may be patched in-place by placing fabric over tear.
Dimensions of patch shall meet lap requirements.
* * * END OF SECTION * * *
02378-2
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OSHKOSHFI-82859
SECTION 02379
CHANNEL BANK TOE PROTECTION
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.02
A.
1.03
A.
1.
Requirements for furnishing and installing permanent channel bank toe erosion control protection.
B.
Measurement and Payment:
1. For unit price bid, per lin ft of channel bank toe protection, furnish labor, materials, equipment,
excavation, geotextile fabric, dewatering, cleanup and restoration.
DEFINillONS
State Specifications: State of Wisconsin Department of Transportation; "Standard Specifications for Highway
and Structure Construction." 2003 Edition, including Supplemental Specifications dated 2004. .
SUBMITTALS
Product Data:
1.
Manufacturer's literature and installation recommendations.
B.
Submit in accordance with Section 01330.
2.01
PART 2 PRODUCTS
CONCRETE ARMOR UNITS
2.02
A.
A.
Concrete armor units shall consist of six equally spaced legs when completely assembled.
1.
Material:
a.
Units shall be constructed of concrete having minimum compressive strength of 4,000 psi.
2.
Manufacturers:
a.
b.
Armortec, A-Jacks A-24.
Or equal.
GEOTEXTILE FABRIC
Type HR conforming to Subsection 645.2.7 of "State Specifications."
02379-1
OSHKOSHFI-82859
3.01
PART 3 EXECUTION
PREPARATION
A.
3.02
A.
3.03
A.
Excavate to minimum extent required to install concrete armor units.
1.
Depth of bury of units shall be in accordance with details shown on Drawings and manufacturer's
recommendations.
í
INSTALLATION
Install Concrete Armor Units:
't
1.
2.
In accordance with manufacturer's instructions, and details shown on Drawings.
At locations shown on Drawings.
FIELD QUALITY CONTROL
Visually inspect all units for defects that would interfere with proper placement and function of unit. Surface
cracks incidental to usual methods of manufacture, or surface chipping resulting from customary methods of
handling in shipment shall not be considered cause for rejection.
1.
Broken units shall not be repaired or installed.
* * * END OF SECTION * * *
02379-2
OSHKOSHFI-82859
SECTION 02445
TUNNELING AND JACKING OF LARGE DIAMETER PIPE
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
B.
1.02
A.
B.
c.
1.
Work associated with tunneling and jacking of culvert pipes.
Measurement and Payment:
1.
2.
Payment for tunneling and jacking shall be at unit price bid per ft of jacked culvert.
Unit price includes cost of excavating, jacking and receiving pits, sheeting or shoring, pipe, grouting,
liner plates, soil removal, dewatering, jacking, backfill, restoration, cleanup and other work needed to
place pipe. .
SUBMITTALS
Test results of grout and pipe used.
Shop Drawings:
1.
2.
Shoring or sheeting in jacking and receiving pits.
Liner plate assembly if partially closed face mining operations are used.
Submit in accordance with Section 01330.
2.01
PART 2 PRODUCTS
MATERIALS
A.
B.
c.
D.
Reinforced Concrete Jacking Pipe:
1.
2.
3.
4.
ASTM C76, Class V.
Minimum "C" wall thickness with reinforcement as specified and with supplemental joint reinforcing.
Minimum Concrete Compressive Strength: 5,000 psi.
Cast-in-placegrout rings, minimum of 2, placed on opposite sides of pipe diameter with spacing
between rings not to exceed 10 lin ft after pipeinstalled~
Rubber Gasket Joints: ASTM C443.
Pressure Grout:
1.
2.
Mixture: Minimum 1 part cement to 3 parts sand.
28 day Compressive Strength: Minimum 3,000 psi.
Steel Liner Plates:
1.
Use if partially closed face operations selected instead of closed face tunneling.
02445-1
OSHKOSHFI -82859
3.01
PART 3 EXECUTION
PREPARATION
3.02
3.03
A.
Prepare jacking and receiving pits to perfonn operations and transfer line and grade to face of mining
operations.
B.
Provide adequate supplies of soil lubricant, grout mixture, dewatering equipment, pipe sections, mining and
jacking equipment to ensure steady, continuous operations can be maintained when mining begins.
c.
Notify ENGINEER and Railroad Company in accordance with permit requirements, or 48 hrs, whichever is
greater prior to starting augering and jacking operations.
D.
ENGINEER and representatives of Railroad Company, if required by permit, shall be present while Work is
being done. .
E.
Do not interrupt traffic on railroad tracks without pemússion from Railroad Company.
MINING AND JACKING
A.
Utilize partially or fully closed face configuration as soil conditions and CONTRACTOR preference requires.
Do not use open face mining.
B.
Do not advance tunnel face further than necessary to jack subsequent pipe section into place.
c.
Take precautions to ensure settlement of surface or underground structures abov~ mining operations will not
occur.
D.
Install pipe to prevent damage to existing utilities and underground structures. Maintain minimum 3-in.
separation between outside surfaces of pipe and existing facilities.
E.
Pipe shall present unifonn bore to line and grades shown on Drawings.
1.
Allowance will be made for variation in grade of up to 0.5% of distance mined. Correct variations
greater than 0.5%. There shall be no allowances for variation in line.
F.
Do not remove material from hole during mining and jacking operations by means Of washing or sluicing.
G.
Provide intennediate jacking stations if conditions indicate they may be required.
1.
Do not place additional jacking pits within paved areas or in areas where existing underground
facilities may need to be supported or be undemúned by pit construction.
H.
Soil lubricant may be used to allow for lower jacking forces and to maintain tunnel wallin stable condition.
GROUTING
A.
Grout to fill voids created by mining and jacking operations.
B.
Cast-in-place grout rings may be used to fill voids between pipe and undisturbed soils.
c.
Install grout to force soil lubricant ahead of grout so grout replaces lubricant in void between pipe and
undisturbed soils.
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D.
Pump grout into place until refusal as determined by CONTRACTOR.
02445-2
OSHKOSHFI -82859
3.04
E.
Seal grout rings following grouting operations with patching mortar. Interior pipe surface shall be smooth,
even, and leak free surface.
F.
Should ENGINEER detemùne that intermediate or additional grouting locations required, provide equipment
and materials to perform Work.
LEAKAGE INSPECTION
A.
Upon completion of grouting, inspect culverts for leakage.
1.
2.
Provide facilities and equipment necessary to measure leakage.
Repair visible or detectable leaks.
* * * END OF SECfION * * *
02445-3
OSHKOSHFI-82859
PART 1 GENERAL
1.01
SUMMARY
A.
SECTION 02500
GENERAL PROVISIONS FOR UTILITY WORK
1.
Measurement and Payment:
Reference in "Standard Specifications" to "Schedule of Fixed Prices" shall be replaced with "Schedule
of Supplemental Prices."
Incidental Work:
2.
a.
b.
c.
d.
e.
f.
g.
h.
i.
Work specified in this subparagraph is incidental work, include cost in unit price Bid items
identified in this or other sections.
Surface replacement and site restoration:
1)
Include cost of replacement and restoration in unit prièes bid for utility construction
including Work required by state statute.
Dewatering:
1)
Include cost of dewatering excavation, excluding that specified under Sections 02315,
02330 and 02445, in unit prices bid for utility construction.
Excess Excavated Material:
1)
Include costs for disposal of material, excluding that specified under Sections 02315 and
02330 in unit prices bid for utility construction.
Erosion and Sediment Control:
1)
Include costs of erosion and sediment control, excluding that specified under
Section 02378, in unit prices bid for utility construction.
Tree Clearing and Grubbing:
1)
Include cost for clearing or grubbing, excluding that required for site grading,
sedimentation/detention pond excavation, channel excavation and snow melt runoff
diversion berm grading in unit prices bid for utility construction.
Compaction Tests:
1)
Include costof compaction testing in unit prices bid for utility construction.
Construction within Railroad Right-of-Way:
1)
Include costs for expenses or charges for flagpersons, inspectors, engineering or other
charges by railroad company in unit prices bid for utility construction.
Permit or license agreement fees will be paid for by OWNER.
2)
Traffic Maintenance:
1)
Include costs for traffic control items in unit prices bid for utility construction.
02500-1
OSHKOSHFI-82859
3.
4.
j.
k.
1.
Unit Price Items:
a.
Sawing and Breaking Pavement:
1)
:'j
j
Include cost of sawing and breaking pavement, excluding that specified under
Section 02232, in unit prices bid for utility construction.
Rock Excavation:
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1)
2)
Include cost of rock excavation in unit prices bid for utility construction.
Bid item does not include rock included where augering or jacking casing pipe.
Utility Crossings:
1)
Include cost of utility company to relocate or reinforce poles, ties or anchors, and expose
existing utilities in unit prices bid, excluding that specified under Section 02315, for
utility construction.
Interference of Underground Structures:
1)
Payment for altered Work will be made on basis of increasing or decrèasing amount of
particular Bid item involved Or shall be negotiated between CONTRACTOR and
OWNER.
Supplementary Prices:
Unstable Trench Bottom and Crushed Stone Base:
a.
b.
1)
Crushed stone required for trench stabilizationwilI be paid for according to Schedule of
Supplemental Prices.
Supplemental Price shall include cost of furnishing and placing material and for
additional excavation, sheathing, shoring, dewatering, and disposal of excess material
attributable to this item.
In order to receive compensation for this item, obtain written order from ENGINEER
authorizing use of this material to stabilize bottom of trench where bottom is unsuitable
for pipe support. Such order shall describe specific length of trench to be stabilized.
Payment shall be based on compacted volume computed by multiplying depth authorized
:»'w@þ ~qu~l tQQP of pipe plus 2 ft,by kPgthßqtlal toJength of trench. stabilized.
2)
3)
Backfilling:
1)
Excavated material suitable for granular backfill: OWNER will take credit for each cu yd
used in accordance with unit price set forth in Schedule of Supplemental Prices for
granular backfill for credit. Cubic yardage of such backfill will be determined by actual
measurements in-place; however, nonnal trench width at ground surface, for payment,
shall not exceed width at top of cover plus 2 ft.
c.
Rock Excavation:
1)
Ifless than 10 cu yds of rock excavation is required on Project, CONTRACTOR will be
paid at unit price indicated in Schedule of Supplemental Prices. If 10 co yds or more of
rock excavation is required on Project, OWNER and CONTRACTOR shall negotiate
change in Contract Price for this Work.
02500-2
OSHKOSHFI-82859
1
1.02
1.03
1.04
1.05
C.
DEFINITIONS
A.
State Specifications: State of Wisconsin Department of Transportation, "Standard Specifications for Highway
and Structure Construction," 2003 Edition, including Supplemental Specifications dated 2004.
B.
Standard Specifications: "Standard Specifications for Sewer and Water Construction in Wisconsin," Sixth
Edition, December 22, 2003 including Addendum No.1 dated December 23, 2004.
SYSTEM DESCRIPTION
A.
Performance Requirements:
1.
2.
Utility work shall comply with referenced chapters and sections of "Standard Specifications."
Incorporate following listing of corrections of reference chapters or sections contained within
"'Standard Specifications."
,"
Page' General , Noted Reference ' Correct Reference
Section Section or Chapter , "" Section or Chapter
3-21 3:2.6(n)1 4.17.0 4.16.0
SUBMITTALS
A.
Test Results:
1.
Submit sieve analysis of stabilizing stone, bedding material, cover material, and granular backfill
materials prior to delivery.
Submit proctor of existing native material.
2.
B.
Miscellaneous:
1.
2.
Source of Materials.
Detour Plan.
c.
Submit in accordance with S~ction 01330.
PROJECT/SITE CONDffiONS
A.
Removal of Snow: Remove snow from sections of streets obstructed by CONTRACTOR.
B.
Protecting Private Properties:
1.
2.
Protect ptivate properties.
Repair orreplace to original condition trees, bushes, shrubs, and sod on private property damaged by
CONTRACTOR.
Prior to commencing excavation or tunneling in immediate vicinity of building or structure, notify
owner of building ()r structure, giving date of beginning of such Work.
During course ofWòrk adjacent to such property, comply with applicable requirements with regard to
protection of building or structure.
3.
4.
Access to Public and Private Facilities:
1.
Maintain access to fire hydrants, fire alarm, water and gas gate valves, catch basins, and sewer, water,
utility, and other manholes.
Do not shut off or unnecessarily interfere with pedestrian or vehicular access to property without
consent of ENGINEER.
2.
02500-3
OSHKOSHFI-82859
D"
E.
F.
G.
H.
I.
Street Barricades, Signs, and Warning Devices:
L
Signing and barricades shall comply wilh provisions of "Wisconsin Manual ofUnifonn Traffic Control
Devices. "
Erect and maintain' barricades, lights, and signs necessary for public safety and convenience in
accordance with applicable requirements. .
In general, hazards within limits of Work or on detour around Work. shall be marked wilh painted,
maintained barricades, reflectors, electric lights, flashers, and warning and directional signs in
sufficient quantity and size, adequate to mark hazard.
Move or remove barricades, signs, and flashers as required during progress of Work to meet changing
conditions. .
When street is closed to through traffic, place barricades at adjacent intersections and at locations of
obstruction. Attach detour signs to barricades at each location. IllullÙnated or reflectorized detour
signs shall be clearly visible.
ENGINEER l11ay require snow fence be installed at locations where streets,are closed for full widlh of
. roadway. Maintain barricades in rigidly assembled condition. Keep warning devices clean and in good
repair to be readitydiscernible.
Do 110t remove traffic control or directional signs or devices during construction unless approved
temporary signs or devices are provided by CONTRACTOR. .
:"1
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2.
1
3.
4.
5.
6.
7.
Flagpersons:
L
Whenever operations obstruct or endanger traffic lane and no marked detour has been provided. furnish
flagpersons to direct traffic through or around congested area.
Detour Plan:
!
~
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1.
CONTRACTOR shall subllÙt to OWNER detour plan for approval prior to implementation.
Detour Signs:
~
I
1.
Whenever construction work obstructs through traffic on streets in vicinity,fumish, erect. and maintain
barriers across roadways and furnish, post, and maintain detour signs Ihereon and at necessary adjacent
street intersections, sufficient for guidance of traffic. .
IllullÙnate signs and barricades at night wilh amber flashers.
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2.
Traffic Maintenance:
1.
Maintain roads and completed trench surfaces in safe condition and open to traffic throughout duration
of Project.
Open roadways to 2-way traffic after working hours and all day on weelçends and holidays where
possible.
Where not possible to maintain traffic, provide minimum 3 working days notice prior to road closures
with portable changeable message boards. Give date and time road to close in message.
Refer to Section 01112, Paragraph I.O6.B.2. for staging of road closing.
Close private driveways and crösswallcs to travel miriimumlengthof time and only after notifying
property owner.
2.
3.
4.
5.
a.
Notify owner in time to pennit removal of owner's vehicles used during period of time driveway
is to be closed.
Drainage:
1.
2.
Do not obstruct drainage.
When necessary, lay continuous pipe or timber drain of ample capacity to carry off stonn water.
02500-4
OSHKOSHFI-82859
1.06
J.
1.
2.
3.
K.
L.
M.
N.
A.
3.
4.
Keep pipe or drain open and free of obslruction.
Convey storm water or groundwater to be removed from site, to inlet of storm or combined sewer, or
when approved by ENGINEER, to some other point of disposal.
Convey sanitary sewage by closed pipe or hose to inlet of sanitary or combined sewer or, when
approved by ENGINEER, to some other point of disposal.
Prevent excessive quantities of clay, sand or silt from entering existing sewers.
Restore disturbed existing slructures to <::onditionat least equal to original.
5.
6.
7.
Haul Routes:
Clean up material dropped or fallen from lrucks in transit.
Material not cleaned up will be cleaned up by OWNER with cost charged to CONTRACTOR.
Designated lruck routes are indicated on map included in Appendix of this Project Manual.
Storage of Materials:
1.
2.
3.
Place materials neatly and compactly. along or near site.
Do not place materials within 20 ft of hydrant, pedestrian crossing or intersection.
Place materials to cause least inconvenience to property owners and ensure safety of general public.
Dust Palliative:
1.
2.
Furnish and apply dust palliative on trench surfacing and temporary roadways,
Apply unifonnly and repeat as necessary. .
Lot (Jorners and Survey Monuments:
1.
2.
Protect lot corners and survey monuments which exist throughout Project site.
If corners and monuments are damaged by CONTRACTOR, replacement shall be made by Registered
Land Surveyor.
Thawing Frozen Ground:
1.
In accordance with Section 2.2.16 of "Standard Specifications."
QUALITY ASS.URANŒ
CoJ1lply with Section 01455.
2.01
PART 2 PRODUCTS
MATERIAL
C.
D.
E.
F.
A.
B.
Bedding Sand: Section 8.43.2(6) of "Standard Specifications."
Granular Backfill: Section 8.43.2(c) or 8.43.4 of "Standard Specifications."
Crushed StOne: Se<::tion 8.43.6 of "Standard Specifications."
Excavated Material: Section 8.43.5 of "Standard Specifications."
Aggregate Slurry: Section 8.43.8 of "Standard Specifications."
Coarse Aggregate: Section 8.33.3, Size No.1, of "Standard Specifications."
02500-5
OSHKOSHFI-82859
G.
Concrete: Chapter 8.35.0 of "Standard Specifications."
H.
Graded Aggregate: Section 8.43.7 of "Standard Specifications."
I.
Bedding Material: Section 8.43.2 of "Standard Specifications."
J.
Cover Material: Section 8.43.3 of "Standard Specifications."
K.
Silt Fence: Subsection 828.2.6 of" State Specifications."
L.
Hay Bales: Subsection 628.2.4 of "State Specifications."
M.
Erosion Control Mat:.. Subsection 628.2.2 of "State Specifications."
N.
Riprap: Section 606 of "State Specifications".
o.
Geotextile Fabric: Subsection 645.2.7 of" State Specifications."
P.
Portable Changeable Message Board:
L
Provide complete Changeable Message Sign and trailer that is painted highway safety orange, except sign
case, which shall be painted black.
Sign Case:
2.
a.
Provide sign that is capable of displaying minimum of3 lines of message text per message (frame).
Each line shall consist of minimum 8 characters, equally spaced minimum of3 in. and maximum of
4-112 in. apart. Characters shallbe minimum of 17-in. high and minimum of II-in. wide and be
legible from minimum of 850 ftduring both day and night conditions. Driver board shall provide
means for dimming. Entire sign shall complete message change within 100 milliseconds.
Provide sign housing that is weatherproof and is constructed of aluminum. Front face shall be
covered. with either one-piece, clear, non-glare, lexan panel, or individual one-piece, clear, non-
glare, lexan panels.
b.
3.
Raise and Lower Mechanism:
a.
Provide signs that have vertical mast assembly constructed of structuråI steel tubing, are designed to
rise to variable heights between its cradle and its fun height, and capable of being locked at various
heights. Provide means to prevent tampering with sign while raised to any locked height. When
extende<l, sign shall qe able to be locked at any display angle~ Provid~l!1eans to prevent tampering
with display angle once it is locked.
4.
Controller:
a.
Provide programmable microprocessor (controller) that shall direct and control all sign operations.
Sign shall be capable of displaying from Ito 6 messages in sequence. In addition, provide
controller that:
1)
Is able to recall from memory, preview, and display message sequences at least six frames
long.
Allows operator to vary message flash rate and sequence rate in 1/4-second intervals or less
with flash rate extending from 0 seconds to at least 4 seconds.
Allows operator to generate moving or flashing arrow symbol, which is capable of being
displayed on any line of message while text is displayed on other lines of message.
2)
3)
02500-6
OSHKOSHFI-82859
5.
6.
4)
Anows operator to generate larger moving or flashing arrow symbol, which is capable of
being displayed on entire sign face, using all three lines. Either of these message frames
containing arrow symbols shan be capable of being included in sequence.
Allows operator to flash (blink) selected lines of messages and include these messages
within message sequence.
Is equipped with display screen for previewing actual sign message prior to display on sign.
5)
6)
b.
, Program each controller with password system that will deter unauthorized programming of
controller. .
When sign is not in operation, back up battery shall supply power to controller.
Provide ambient light controlled continuous dimming, with núnimum range of 100% to (40% for
sign display. Provide means for manually controlled dimming.
Provide control panel that has switches for raising and lowering sign.' Provide night ij.ght for control
panel and controner screen and install it in controller console cabinet.
Provide surge protection for all electronic components.
c.
d.
e.
f.
Power Source:
a.
Provide solar Changeable Message Sign that runs on battery system using solar charging system.
Solar-powered battery charging system shall consist of array of high-efficiency, single-crystal
silicon cells mounted On top of sign panel and voltage regulator to prevent overcharging of battery
system.
Provide solar cens that are capable of charging and maintaining batteries at operational levels under
all weather conditions experienced in Wisconsin. Switch shall be provided to disconnect solar
power supply for safety during maintenance.
Batteries shall be housed in waterproof, heavy-duty housing which is equipped with necesSary
hardware to be locked using padlock or build in lock. Batteries shall provide adequate back up
power for Changeable Message Sign to operate at fun operation for 20 days having ambient. air
temperatures of 20oP without any sun exposure to solar array. Supply switch to disconnectbattei:y
supply for safety during maintenance. . .'
Provide sign that is equipped to receive and use external 110-volt alternating current as alternate
source of power.
Provide sign that is equipped with charging device that operates on 11 O-volt alternating current and
is capable of charging deep-cycle battery system within 24 hrs. Charging device shall automatically
shut off when battery system is fully charged to prevent overcharging. .
Equip entire unit with isolated ground circuit. Connect ground wires to isolatedtemñnal block.
Frame of trailer shall not be part of ground system, except possibly for alternating current charging
and operating systems.
Provide external wiring that is of single length; has no splices; and is protected from weather and
obstructions that may be encountered during transPort.
b.
c.
d.
e.
f.
g.
Trailer:
a.
Enclose battery system and controller console in separate rustproof metal cabinets. Cabinets shaIlbe
equipped with necessary hardware to be locked using padlock or built in lock. Exterior metal
surfaces shall be painted federal orange.
Trailer and sign shall be capable of withstanding wind gusts of up to 80 miles per hour when in
operation with sign raised to maximum height and leveling jacks extended.
Provide trailer that is capable of mounting or descending 6-in. curbs without frame striking curb.
Provide trailer that is legal for use on Wisconsin roads in accordance with State of Wisconsin
statutes.
b.
c.
d.
02500-7
OSHKOSHFI-82859
3.01
PART 3 EXECUTION
PREPARATION
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
A.
Inform ENGINEER of source of stabilizing stone, bedding material, cover material, and granular backfill prior
to start of construction. If source is changed, notify ENGINEER 48 hrs prior to initial hauling from that
source.
GENERAL WORK PROVISIONS
--,','
A.
Sections 2.1.1,2.1.2, and 2.1.3 of "Standard Specifications," except as modified below.
, .
1.
Delete first and last paragraphs of Section 2.1.1.
,. ,
STORMW ATER DISCHARGE
..1
A.
CONTRACTOR shall comply with Notice ofIntent and Construction Site Erosion Control and Storm Water
Management Plan prepared in accordance with Wisconsin Pollutant Discharge Elimination System WPDES
General Pennit included with Contract Documents.
1.
CONTRACTOR shall inspect construction site and CONTRACTOR shall make corrections or repairs
required.
CONTRACTOR shall keep plan on site during contract time, available for review by WDNR.
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2.
SHEATHING AND BRACING
A.
If sheathing is driven below spring line of pipe, sheathing shall be cut off maximum of 3 ft above pipe and
lower section left in-place.
TREE CLEARING AND GRUBBING
A.
Comply with Section 02232.
EXCAVATION
A.
Normal Width of Trench:
1.
Section 3. 1. 1 (a) of "Standard Specifications."
B.
Length of Open Trench: Section2.2.3 of "Standard Specifications."
Riprap:
A.
Place riprap in accordance with Subsection 606.3.3 in "State Specifications" and details shown on Drawings.
UNSTABLE TRENCH BOTTOM AND CRUSHED STONE STABll..IZATION
A.
Remove undesirable material below trench bottom, such as organic soils, which cannot adequately support
sewer and replace with crushed stone.
UTILITY CROSSINGS
A.
Provide 3 working days notice to above ground utility such as electric power, telephone, and telegraph
companies to relocate or reinforce poles, ties or anchors which may be on line of proposed utility or weakened
by excavation for utility.
02500-8
OSHKOSHFI-82859
3.10
3.11
D.
B.
Expose utilities crossing proposed facility prior to construction to allow ENGINEER to check for conflicts.
Protect utilities from disturbance throughout Work.
C.
Backfill:
1.
Use granular backfill material to support sewers, building sewers, water mains, and utilities crossing
trenches.
Compact granular material to uúnimum 95% maximum density as determined by ASTM D1557,
Method D (Modified Proctor).
At CONTRACTOR'S choice, CONTRACTOR may substitute limestone chips or aggregate slurry
backfill for granular backfill material. .
2.
3.
SAWING AND BREAKING PAVEMENT
A.
Saw concrete or asphalt pavements or concrete base to uúnimum depth of 3 in. prior to being shattered.
B.
Asphalt wearing course shall be sawed, cut with spades or other approved methods before being removed.
C.
Resaw ragged edges resulting from construction prior to pavement replacement.
D.
Make pavement cuts as shown on detail included on Drawings. Saw-cut shall be straight line parallel or
perpendicular to centerline of trench.
SURFACE REPLACEMENT AND SITE RESTORATION
A.
Replace sidewalk, curb and gutter, driveway, pavement, and lawn or grassed area damaged, disturbed or
removed during construction.
B.
Restoring or rebuilding sidewalk, curb and gutter, driveway, pavement, streets and lawn or grassed areas shall
confonn to original material and workmanship used and follow appropriate replacement provisions of
Chapter 2.7.0 of "Standard Specifications".
c.
Pavement Restoration:
1.
Pavement Restoration on Harrison Street and Main Street shall confonnto Section 2.7.3, Type B of
"Standard Specifications."
a.
b.
Cure concrete pavement in confonnance with Subsection 415.3.12.2 of "State Specifications."
Locate joints in concrete pavement to match existing joints. Construct joints in same manner as
existing joints unless authorized otherwise by ENGINEER.
2.
Pavement Restoration on Bowen Street shall confonn to Section 2.7.3, Type B of "Standard
Specifications. "
a.
b.
Cure concrete pavement in confonnance with Subsection 415.3.12.2 of "State Specifications."
Locate longitudinal joints in concrete pavement to match existing joints. Construct joints in
same manner as existing joints unless authorized otherwise by ENGINEER.
Locate transverse joints over edges of box culverts. Construct joints in same manner as existing
joints unless otherwise authorized by ENGINEER.
c.
3.
Pavement Restoration on Murdock Avenue, Custer Avenue, Mt. Vernon Street and Nevada Avenue
shaH confonn to Section 2.7.3, Type D of "Standard Specifications".
Curb and Gutter Restoration:
L
Place concrete in accordance with Subsection 601.3 of "State Specifications."
02500-9
OSHKOSHFI-82859
3.12
3.13
3.14
E.
F.
A.
B.
C.
2.
Curb and gutter replacement cross-section shall be as required by local street construction
specifications conforming to adjacent curb and gutter. .
Where construction requires removal of curb and gutter at intersection, replace that section of curb and
gutter and adjacent sidewalk to include curb ramp constructed in accordance with local street
construction specifications. .
3.
Site Restoration in Areas Outside of Pavements, Shoulders, and Driveways:
1.
Replace topsoil removed during construction and seed and restore area to original condition. Stockpile
removed topsoil during construction. Dress area affected by construction to re-establish former
drainage patterns.
Reseed grassed areas and other turf areas as specified in Section 2.7.4 of "Standard Specifications."
Achieve "catch" of grass 2 in. in height on seeded areas, and obtain average of75% coverage; Reseed
if specified coverage is not achieved.
2.
3.
Restoration of Snow Melt Runoff Diversion Berm:
1-
2.
Replace topsoil removed during construction.
Seed with seed mixture meeting requirements of Mixture No. 40 in Section 630. of "State
Specifications" .
Place Class I, Type A Erosion Control Mat.
Achieve 2-in. "catch" of grass on seeded areas and obtain average of 75% coverage. Reseed if
specified coverage is not achieved.
3.
4.
DRAINAGE AND DEWATERING
Sections 2.2.12 and 2.2.13 of "Standard Specifications," except as modified below.
1.
Protect adjacent properties from damage due to dewatering operation.
Dewatering:
1.
2.
3.
4.
Keep construction site free-draining.
Keep excavations free from water.
Maintain groundwater minimum of 12 in. below excavations.
Remove soil which disturbed by pressure or flow of groundwater and replace with free-draining
material.
Maintain dewatering systems to preventing uplifting of structures.
{
f
b
5.
Obtain DNR, Private Water Supply Section, Box 7921, Madison. WI 53707; approval if dewatering
operations exceed 70 gpm for wells.
A.
MATERIAL DISPOSAL
Comply with Section 02330.
BACKFILLING
A.
Backfill in accordance with Section 2.6.7.. of "Standard Specifications."
B.
Place granular backfill under driveways requiring replacement due to trench excavatiçm, and in open-cut
trenches across paved roadways. Extend limits of granular backfill5 ft beyond edge of driveway and paved
roadway.
02500-10
OSHKOSHFI-82859
3.15
3.16
C.
Use excavated material meeting requirements of Section 8.43.5 of "Standard Specifications" to backfill
trenches, except where granular backfill is required. If there is deficiency of excavated material due to
rejection of excavated material, furnish additional quantity of material conforming to requirements for
excavated material. ,.
D.
Where material excavated from trench is suitable as granular backfill and granular backfill is specified,
ENGINEER reserves right to order, in writing, use of this excavated material in lieu of granular backfill
specified.
E.
Backfill Compaction:
1.
2.
3.
4.
Keep trench free of visible water during backfilling and compaction work.
Initial compacted lift shall be 2 ft.
Adjust actual thickness of each subsequent lift so entire lift compacted to specified compactive effort.
Consolidate granular backfill to minimum 95% maximum density as determined by ASTM D1557,
Method D (Modified Proctor).
Consolidate excavated material backfill to minimum 90% compaction as determined by ASTM D698.
Consolidate backfill by mechanical compaction.
5.
6.
PORTABLE CHANGEABLE MESSAGE BOARD
A.
Install portable changeable message boards level at locations in accordance with approved detour plan.
B.
On day signs are to become operational, have representative familiar with operation and repair of signs available
at project site. Representative shall remain available until all signs are operating satisfactorily.
FIELD QUALITY CONTROL
A.
Testing Bedding and Cover Materials, and Granular Backfill:
1.
Provide sieve analysis for each source of bedding material, cover material, and granular backfill.
B.
Compaction Tests:
1.
Depths Less than 14 ft: Take 2 tests every 200 ft of trench. Test when trench has been backfilled
halfway and when trench has been completely backfilled.
Depths Equal to or Greater Than 14 ft: Take 3 tests every 200 ft of trench. Test when trench is 1/3 and
2/3 backfilled and when completely backfilled.
Recompact and retest areas of backfill tested which do not meet minimum requirements.
2.
3.
* ** END OF SECTION * * *
02500-11
OSHKOSHFI-82859
SECTION 02518
WATER MAIN SYSTEMS
1.01
PART 1 GENERAL
SUMMARY
1.02
1.03
1.04
A.
Measurements and Payments:
1.
Water Main:
a.
For unit price bid per ft of water main relocation construction, furnish labor, materials,
excavation, bedding, cover, backfill, pipe laying, plugs, fittings, thrust restraint, sheathing,
shoring, dewatering, insulation, removal or abandonment of existing utilities and connections to
existing facilities where indicated on Drawings, and testing, disinfection, cleanup, and
restoration.
Measurement for payment shall be in accordance with Section 2.9.5. of "Standard
Specifications."
b.
2.
Insulation:
a.
b.
For unit price bid per ft of insulation, provide insulation materials, installation, and supervision.
Payment will be per ft of trench centerline.
DEFINITIONS
A.
Standard Specifications: "Standard Specifications for Sewer and Water Construction in Wisconsin," Sixth
Edition, December 22,2003, including Addendum 1, dated December 22, 2004.
SYSTEM DESCRIPTION
A.
Work specified in this section shall conform to requirements of Section 02500.
PROJECT/SITE CONDITIONS
A.
Install with minimum amount of service interruption.
B.
Manipulation of existing valves required to construct Work shall be performed only by OWNER. Contact
OWNER, coordinate, and schedule required valve manipulation.
2.01
PART 2 PRODUCTS
DUCTILE IRON PIPE
A.
Pipe:
1.
2.
3.
4.
5.
6.
AWWA C151, Class 52.
Chapters 4.4.0 and 8.18.0. of "Standard Specifications."
Cement lined, AWWACIO4. .
Joints: Push-on or mechanical, A WW A C 11 1.
Gaskets: Neoprene or other synthetic rubber.
Provide for electrical continuity through use of trademarked method.
a.
Do not use brass or lead wedges, or conductive gaskets.
02518-1
OSHKOSHFl-82859
2.02
2.03
2.04
b.
Provide thorough coating of joint straps or cables including connection points with bitumastic
type coating.
FITTINGS
A.
Chapter 8.22.0. of "Standard Specifications,"except as modified below.
1.
2.
3.
Compact style in accordance with A WW A C153.
Push-on or mechanical joint, except mechanical joint is required where tie rods are required.
Cement lined, A WW A CI04.
v:~
INSULATION
A.
Manufacturers:
1.
2.
3.
Dow Chemical Company, Styrofoam HI 60.
U.C. Industries, Inc.. Foamular 600.
Or equal. .
B.
Rigid closed-cell extruded polystyrene insulation, moisture-resistant and suitable for buried installations.
C.
Minimum Dimensions:. 2 ft wide, 8 ft long, 1 in.thick.
BACKFILL, COVER, AND BEDDING MATERIALS
A.
Comply with Section 02500.
3.01
PART3 EXECUTION
CONSTRUCTION STAKING
3.02
3.03
A.
B.
A.
Open Cut Water Main Construction:
1.
Section 4.3.1 of "Standard Specifications."
PREPARATION
A.
Sections 4.2.2,4.3.5, and 4.3.11 of "Standard Specifications," except as modified below.
1.
Delete words "as directed by ENGINEER"
INSTALLATION OF WATER MAIN
Install ductile iron pipe in accordance with Sections 4.4.2 and 4.4.3 of "Standard Specifications," except as
modified below.
1.
Delete Sections 4.4.2(a)5 and 4.4.2(b)5 and replace with following.
a.
Lay to line and grade so horizontal and vertical deflections not more than 50% of maximum
deflection as recommended by manufacturer. Where greater deflections necessary, use proper
fittings.
2.
Delete Section 4.4.2(c) in its entirety.
Laying: Sections 4.3.7 through 4.3.10 of "Standard Specifications."
02518-2
OSHKOSHFI-82859
3.04
3.05
c.
Direction Changes: Chapter 4.10.0 of "Standard Specifications," except as modified below.
1.
Restrained joint pipe shall be provided to restrain water main and appurtenances ("Mega-Lug" by
EBAA Iron, Inc. or equal).
D.
Bedding and Cover: Section 4.3.3 of "Standard Specifications," except as modified below.
1.
Place cover material up to 12 in. &bove pipe barrel.
INSULATION INSTALLATION
A.
Chapter 4. 17.0 "Standard Specifications," except as modified below.
1.
Place as shown On Drawings.
a.
Where depth of cover is less than 5.5 ft, insulate trench walls from top of cover material to
bottom o¡f bedding, and surface of cover material at width of trench.
Prior to placement of horizontal insulation, place bedding material 6 in. deep over top of pipe,
level, and compact. Lightly scarify surface of cover material to depth of 1/2 in.
Place horizontal insulation boards on scarified cover material with long side parallel to centerline
of water main. Place boards in staggered arrangement to eliminate continuous transverse joints.
If 2 or more layers of insulation board are used to meet required thickness, place each layer to
cover joints oflayer immediately below.
Thickness of installed insulation: 3 in.
b.
c.
d.
2.
Backfill First Lift:
a.
Backfill with 6 in. of bedding materiaL End or side dump onto insulation board and spread so
construction equipment does not operate directly on insulation.
Compact layer with equipment exerting contact stress of 70 to 80 psi.
b.
3.
When first lift compacted to specified density, construct remaining layers of backfill utilizing
procedures as specified for backfill operation.
AœLD QUALITY CONTROL
A.
Hydrostatic and Continuity Testing:
1.
Comply with Section 02519.
B.
Backfill Testing:
1.
Comply with Section 02500.
C.
Electrical Continuity:
1.
Test tracer wire for electrical continuity prior to acceptance of main.
a.
Comply with Section 02519.
02518-3
OSHKOSHFI-82859
3.06
3.07
A.
DISINFECTION OF WATER MAINS
A.
Section 4.3.12 and Chapter 4.16.0 "Standard Specifications," except as modified below.
1.
Where pipe, valves, and fittings installed at connections to existing mains cannot be flushed and
sterilized same as new installations, use following procedures.
a.
After existing pipe, valve, and fittings exposed and plug removed, wash existing bell clean with
not less than 2 applícations of 25% solution of sodium hypochlorite.
Clean and wash each new fitting, valve, and pipe section to remove foreign materials which
could cause contamination. After cleaning and just before lowering into trench, wash with
2 applications of 25% solution sodium hypochlorite. Sterilize joint material before use. In
making installation, avoid contaminating surfaces coming in contact with water when installation
restored to service.
b.
CONNECTION, REMOVAL, AND ABANDONMENT
Comply with Chapter 4.14.0 of "Standard Specifications," except as modified below.
1.
Section 4.14.4, delete words "as ENGINEER detènnines" and "is given by ENGINEER"
* * * END OF SECTION * * *
, j
, ¡
02518-4
OSHKOSHFI -82859
SECTION 02519
TESTING WATER MAIN SYSTEMS
PART 1 GENERAL
1.01
1.02
DEFINITIONS
A
Standard Specifications: "Standard Specifications for Sewer and Water Construction in Wisconsin," Sixth
:þdition, December 22, 2003, including Addendum No.1, dated December 22, 2004.
B.
Measurement and Payment:
1.
Include cost of work specified in tQis section as incidental and include in appropriate unit prices
specifi~ in BiqFonn.
SUBMIIT ALS
A.
Results of testing.
B.
Submit in accordance with Section 01330.
PART 2 PRODUCTS
(Not Used)
3.01
PART3 EXECUTION
HYDROSTATIC TEST
.3,02
A.
A.
Test water main in accordance with Chapter 4.15.0 of "Standard Specifications,"
B.
Water for flushing and testing purposes may be obtained from OWNER at no cost to CONTRACTOR.
ELECTRICAL CONTINUITY TEST
Test ductile iron pipe water main including fittings for electrical continuity in accordance with following.
1.
2.
Make electrical test after hydrostatic pressure test, and while main is at nonnal operating pressure.
Test system for electrical continuity and current capacity. Provide continuity through use of
trademarked method. Do not use brass or lead wedges,
Furnish, at no additional cost to OWNER, equipment including power sourCe with integral voltmeter
and ammeter, necessary cables, labor, and miscellaneous items necessary to perfonn electrical
conductivity test on water main installed under this Contract. Perfonn tests in presence of ENGINEER.
Before applying voltage to any main to which service laterals connected, DISCONNECT USER
ELECTRICAL GROUNDS FROM SERVICE LATERALS, W A TERSERVICE LATERALS FROM
WATER METER, AND USER ELECTRICAL SERVICES FROM ELECTRICAL MAIN WITHIN
LIMITS OF SECTION OF MAIN TO BE TESTED,
Test each section of relocated water main.
3.
4.
5.
02519~1
OSHKOSHFI-82859
6.
Acceptable power sources of dc current may be equipment such as generators, arc welding machines or
batteries. Cables from power source to section of system under test shall be sufficient size to carry test
current without overheating or causing excessive voltage drop. Verify resistance of cables by
detemùning resistance before test commences.
Make connections for test at fire hydrants. Fire hydrants shall be in open position with caps on during
test. Fill hydrant with water to protect rubber seals from heat damage. In areas where fire hydrants not
available, convenient connection may be made, subject to approval of ENGINEER.
When arc welding machines used, current control shall be at lowest setting before starting. After
starting machine, increase current until ammeter at desired value.
Impress dc on main between flfehydrants and increase voltage. until current of 250 amps reached.
Maintain current for 5 min. Record voltage and amperage for tests.
Measure current flow through pipe continuously on ammeter; current shall remain steady without
interruption or excessive fluctuation for test periods. Insufficient current, intermittent current or arcing,
as indicated. by large fluctuations of ammeter needle, shall be evidence of defective electrical
connections in main. Isolate and correct cause. Retest sèction. of main in which defective test
occurred.
Electrically test water main after user water and electrical services have been disconnected as stated
above. .
7.
8.
9.
10.
11.
* * * END OF SECTION * **
1
€
Æ
t
t
i
02519-2
OSHKOSHFI-82859
PART 1 GENERAL
1.01
SUMMARY
A
SECTION 02530
SEWER SYSTEMS
1.
Measurement and Payment:
Sewer Construction:
2.
3.
4.
5.
a.
For unit price bid.per ft of sewer construction, furnish labor, materials, excavation, bedding,
cover, backfill, pipe laying, plugs, bulkheads, sheathing, shoring, dewatering, removal or
abandonment of existing utilities ;md connections to existing facilities where indicated on
Drawings, and testing, cleanup, and restoration.
Include cost for providing temporary pumping and flow control.
Measurement for payment shall be in accordance with Section 2.9.1 of "Standard Specifications"
except as modified below:
b.
c.
1.
Where sewer tenninates in precast reinforced concrete apron endwall, length shall be
measl.Jfed to discharge end of aproll endwall.
Where sewer tenninates in cast-in-place concreteendwall. length shall be measured to
outside face of headwall.
2.
Sewer Lateral Construction (Relay):
a.
Per lin ft of lateral relaid. Unit price per linft for sanitary sewer lateral relay shall include
necessary labor, materials, excavation, bedding, insulation, cover, backfill, sheathing, shoring,
dewatering, connections to existing laterals, cleailUp, and restoration.
Include costs for providing temporary pumping and flow control.
Measurement for payment shall be from new sewer to connection with existing lateral.
b.
c.
Manholes:
a.
For unit price bid per vert ft for sewer manholes, furnish labor, equipment, materials, excavation,
dewatering, backfill, concrete, and masonry work to èonstruct manholes.
Cost to remove existing manholes, where indicated Qn Drawings, shall be incidental to unit price
bid per vert it for new sewer manholes.
Cost of furnishing and installing expansion joints around manholes is inèidental to unit price for
new sewer manholes.
Measurement for payment shall extend from flow line of outgoing sewer to top of cast iron
manhole frame.
b.
c.
d.
Çulvert Pipes:
a.
For unit price bid per lin ft of culvert pipe construction, except that specified under
Section 02445, furnish labor, materials, excavation, bedding, cover, backfill, pipe laying,
sheathing, shoring, dewatering, cleanup and restoration.
Measurement and payment shall be in accordance with Paragraph 1.01.A.I.c. of this section.
b.
Precast Box Culverts:
a.
For unit price bid per lin ft of precast box culvert construction, furnish labor, materials,
excavation, bedding, cover, backfill, culvert laying, sheathing, shoring, removal of existing
utilities, dewatering, cleanup and restoration,
02530-1
OSHKOSHFI-82859
1.02
1.03.
1.04
1.05
1.06
A
., ,
b.
c.
Include cost of maintaining flow during construction.
Measurement and payment shall be in accordance with Paragraph 1.01.Al.c. of this section.
6.
Precast Reinforced Concrete Apron Endwalls:
a.
For unit price bid per each of precast reinforced apron endwall, furnish labor, materials.
excavation, bedding, cover, backfill, placement of endwall, dewatering, cleanup and restoration.
Measurement and payment shall be per each unit installed.
b.
DEFINITIONS
A
Standard Specifications: "Standard Specifications for Sewer and Water Construction in Wisconsin," Sixth
Edition, December 22, 2003, including Addendum 1 dated December 22, 2004.
C'~
¡
J
B.
State Specifications: State of Wisconsin Department of Transportation "Standard Specifications for Road and
Bridge Construction," 2003 Edition, including Supplemental Specifications 2004 Edition.
SUBMITf ALS
A.
Test Results:
'I.
Include results of tests with shipments of pipe orinanhole sections. Furnish additional copies of test
results to OWNER.
B.
Submit in accordance with Section 01330.
SYSTEM DESCRIPTION
A
Includes below ground piping, structures, and appurtenances specified or indicated on Drawings to provide
operating conveyance system.
B.
Work specified in this section shall conform to requirements of Section 02500.
QUALITY ASSURANCE
A.
Testing:
1.
Test pipe and manhole sections.
PROJECT/SITE CONDITIONS
Flow Control:
1.
2.
3.
4.
Provide uninterrupted sanitary sewer service during relaying of service laterals.
Provide uninterrupted storm sewer service during construction of new sewer, channel and pond.
Provide uninterrupted flow in channel during installation of box culverts and jacked culverts.
Do not discharge untreated wastewater to storm drainage facility or surface water course.
2.01
PART 2 PRODUCTS
GENERAL
A
Chapters 8.2.0 and 8.3.0 of "Standard Specifications."
02530-2
OSHKOSHFI-82859
2.02
2.03
2.04
2.05
2.06
A.
2.07
A.
SANITARY SEWER.
A.
Building Sewer Pipe (Lateral Relays):
1.
Relay laterals wilh same material type as existing laterals:
a.
b.
Cast Iron: Chapter 8.13.0 of "Standard Specifications." .
PVC Pipe: Chapter 8.10.0 of "Standard Specifications," except delete reference to Section 8.1.1.
ABS Solid Wall Pipe: Chapter 8.12.0 of "Standard Specifications'" except delete reference to
Section 8.1.1.
Vitrified Clay: Chapter 5.4.0 of "Standard Specifications".
c.
d.
B.
Pipe Joints: Chapter 8.41.0 of "Standard Speèifications."
STORM SEWER
A.
Main Sewer Pipe:
1.
Reinforced Concrete Pipe: Chapter 8.6.0 of "Standard Specifications," except delete reference to
Chapter 8.1.0., Class III unless olherwise specified on Drawings.
B.
Pipe Joints: Chapter 8.41.0 of "Standard Specifications".
c.
Bowen Street Orifice and Pond Outlet Structure Inlet Pipe:
1.
Ductile Iron Pipe:
a.
Comply wilh Section 02518.
D.
Pipe Bends:
1.
2.
Prefabricated bend, by same manufacturer as pipe.
Approved cast-in-place collar.
CULVERTS
A.
Confm:mto.Paragraph 2.03.A. l.of this Section except as mödified below: .
1.
Insert words "ASTM Designation C-506 for archpipe," after words "elliptical pipe" in Section 8.6.1..
APRON ENDW ALLS
A.
Conform to "State Specifications" Section 522 and details included on Drawings.
BOX CULVERTS
In accordance wilh ASTM C 1433.
1.
2.
Design Table: Table 1.
Design Earth Cover: Less than 2 ft.
DRAIN
Polyvinyl Chloride (PVC). Pipe: ASTM D 3034, SDR-35 in accordance wilh Chapter 8.10.0 of "Standard
Specifications", except delete reference to Section 8.1.1.
02530-3
OSHKOSHFI-82859
2.08
2.09
2.10
2.11
A.
2.12
A.
UNDERDRAIN
A.
Comply with Section 02620.
MANHOLES
A.
Materials shall comply with Chapter 3.5.0 of "Standard Specifications," except as modified below and in other
Articles of this section.
B.
Connections:
1.
Connect sanitary sewer lateral pipe to existing precast concrete manholes by utilizing existing hole in
manhole wall and using seal material.
a.
Manufacturers:
1)
2)
3)
Kor-N-Seal I.
Z-Lok, by A-Lok Products, Inc.
Or equal.
2.
Boots and seals shall meet physical requirements of ASTM C443 and perfonnance requirements of
ASTM C425 and C443.
LIDS AND CASTINGS
A.
Delete Section 3.5.4.(e) of "Standard Specifications" and replace as follows.
1.
Manufacturers:
a.
b.
Neenah Foundry.
Or equal.
2.
Castings:
a.
Stonn Manhole: Neenah R-I710, machined bearing surface, Type B non-rocking lid with
pickhole.
Sewage AirNacuum Release Valve Manhole: Neenah R-171O with Type "E" tamperproof
locking device with 4-in. anchor bolts.
b.
3.
Sealing:
a.
b.
Delete Paragraph 3.5.4(t) except as modified below:
Stonn Manhole:
1)
Joint: Type ill, Section 3.5.4.(t)3 of "Standard Specification."
MANHOLE STEPS
As shown on details included in Drawings.
BULKHEADS
Brick and Mortar:
1.
2.
Brick: Comply with Chapter 8.38.0 of "Standard Specifications".
Mortar: Comply with Chapter 8.37.0 of "Standard Specifications".
02530-4
OSHKOSHFI-82859
2.13
2.14
INSULATION
A.
Conform to Section 02518.
BACKFILL, COVER, AND BEDDING MATERIALS
A.
Comply with Section 02500.
3.01
PART 3 EXECUTION
CONSTRUCTION STAKING
3.02
3.03
3.04
3.05
3.06
3.07
A.
A,
Open Cut Pipe Sewer Construction:
L
Section~.2.1 of "Standard Specifications."
INSTALLATION OF MAIN SEWERS
A.
Chapter 3.2.0 of "Standard Specifications," except as modified below:
1.
2.
3.
Delete Sections 3.2.1, 3.2.2, 3.2.5, 3.2.8,3.2.9,3.2.12,3.2.26. and 3.2.27.
Delete Paragraphs 3.2.6.(g)., (h), (i).4, 0).4, (m), and (n) and 3.2.7.(b).
Delete the last sentence in the third paragraph of Section 3.2.11.
INSTALLATION OF PIPE BENDS
B.
PrefabricatedBend: Comply with Article 3.02 of this Section and manufacturer's recommendations.
A.
INSTALLATION OF CULVERTS
Approved Cast-in-place Collar: Comply with approved shop drawings and Sections 02315 and 03300.
A.
Open Cut: Çonformto Article 3.o:? Qf this Section.
B.
Jacked: . Conform to Section 02445.
INST ALLA TION OF APRON ENDW ALLS
A.
Conform to Article 3.02 of this Section.
INSrALLATIONOFBOXCULVER~
A.
\,
Conform to Article 3.02 of this Section, except as modified below:
L
2.
Side Fill: Earth fill in accordance with Section 02315.
Space between Adjacent Box Sections: 2 in. of polystyrene insulation, except for outermost 12 in.
where fiber reinforced Class A concrete shall be used. .
INSTALLATION OF CAST-IN-PLACE HEADW ALLS AND WINGW ALLS
Conform to Sections 02315 and 03300:
02530-5
OSHKOSHFI-82859
3.08
3.09
3.10
INSTALLATION OF DRAIN
A.
Conform to Article 3.02 of this section.
SANITARY BUILDING SEWER (LATERAL) RELAY CONSTRUCTION
A.
Comply with requirements of Article 3.02 of this section and Section 3.2.5 of "Standard Specifications,"
except delete Paragraph 3.2.5.(e).
B.
Laterals: 8 in. ilia unless otherwise noted on Drawings.
C,.
Backfill laterals constructed across roadways and driveways by open trench method with compacted granular
backfill conforming to requirements of Section 02500.
MANHOLES
A.
Install in accordance with Charter 3.5.0 of "Standard Specifications," except as modified below and in other
Articles of this section:
1.
Build manhole structures in accordance with File Nos. 12, 13, and 15, including following and details
shown on Drawings. .
a.
Manhole Diameter
Wall Thickness
7 ft-O in.
S ft-O in.
8 in.
9 in.
2.
3.
Backfill manhole as specified for adjacent sewer.
Amend provisions of third paragraph of Section 3.5.4.(d) of "Standard Specifications" to establish a
maximum height of 12 in. from top of cone section to bottom of casting.
Delete the first two sentences of Section 3.5.4.(f) after title.
Pipe to Manhole Connections: Comply with Section 3.5.7 of "Standard Specifications," except as
modified below:
4.
5.
a.
Amend the last sentence of Section 3.5.7.(a) by adding the following language:
"using boots or cast-in seal material."
b.
Delete last paragraph of Section 3.5.7.(c) and replace with following:
"To maintain seal flexibility, plug portion of annular space between pipe and manhole wall that falls
within area of poured invert with butyl rubber gasket conforming to requirements of Section 6.41.6 of
"Standard Specifications" prior to placing concrete manhole Ínvert. When connecting pipe to existing
precast concrete manholes, core hole in manhole wall prior to instaUing pipe to manhole sea!."
B.
Elevations indicated on Drawings designate sewer elevations at location of center of manhole. If
CONTRACTOR elects to provide precast manholes, incorporating cast-in adaptors or boots to accommodate
connection of pipe, provide for sewer grade differential between center of manhole and manhole wall for each
sewer pipe entering manhole.
c.
Lids and Castings:
1.
Storm Manholes:
a.
Joint: Install in accordance with Type Ill, Section 3.5.4.(f).3. of "Standard Specifications".
02530-6
OSHKOSHFI-82859
3.11
3.12
D.
At manholes constructed in concrete pavement or bituminous over concrete pavement:. 4 ft sq (16 sq ft)
concrete pavement surrounding manhole frame shall be separated from adjacent concrete pavement by 1 in.
non-extruding, pre-molded cork or bituminous fiber expansion joint. Expansion joint shall extend full depth
through concrete pavement.
E.
Delete last sentence of Section 3.5,11 of "Standard Specifications."
INSTALLATIpN OF BULKHEADS
A.
Install in accordance with Section 3.5.9 of "Standard Specification", except as modified below.
1.
2.
Delete third and last sentences of first paragraph.
Delete first sentence of second paragraph.
PIPE INSULATION INSTALLATION
A.
Install in accordance with requirements of Section 02518.
* * * END OF SECTION * * *
02530-7
OSHKOSHFI-82859
SECTION 02537
FORCE MAIN SYSTEMS
1.01
PART 1 GENERAL
SUMMARY
1.02
1.03
A.
A.
A.
Measurement and Payment:
1.
Force Main:
a.
, For unit price bid per ft of force main relocationconslruction, furnish labor,. materials,
excavation, bedding, cover, backfill, pipe laying, plugs, fittings, thrust restraint, sheathing,
shoring, dewatering, removal or abandonment of existing utilities and connections to existing
facilities where indicated on Drawings, and testing, cleanup, and restoration.
Include costs for providing temporary pumping and flow control, in unit price for force main
conslruction.
Measurement and payment shall be in accordance with 2.9.5 of "Standard Specifications."
b.
c.
2.
Sewage Combination AirNacuum Valve Release Valve and Manhole:
a.
b.
For unit price bid for furnishing and installing air release/vacuum valve and manhole, per each.
Cost of air release/vacuum valve and manhole shan include cost oflabor, materials, equipment,
excavation, backfin, concrete, air release/vacuum, fittings, plug valve, trenching, bedding,
dewatering, sheathing, shoring, cleanup and restoration.
DEFINITIONS
Standard Specifications: "Standard Specifications for Sewer and Water Construction in Wisconsin," Sixth
Edition, December 22, 2003 including Addendum No.1 dated December 22, 2004.
SYSTEM DESCRIPTION
Work specified in this section shall conform to requirements of Section 02500.
PART 2 PRODUCfS
2.01
2.02
A.
A.
1.
2.
3.
4.
5.
FITTINGS
DUCfILE IRON PIPE
Pipe:
AWWA C151, Class 52.
Chapters 4.4.0 and 8.18.0 of "Standard Specifications".
Cement Lined: A WW A Cl 04
Joints: Push-on or Mechanical, A WW A CII1.
Gaskets: Neoprene or other synthetic gaskets.
Chapter 8.22.0 of "Standard Specifications", except as modified below.
1.
2.
3.
Compact style in accordance with A WW A C153.
Push-on or mechanical joint, except mechanical joint is required where tie rods are required.
Cement lined, A WW A CIO4.
02537-1
OSHKOSHFI-82859
2.03
2.04
SEWAGE COMBINATION AIRIV ACUUM RELEASE VAL VB MANHOLE
A.
Comply with Section 02530, except as modified below.
1.
Pipe to Manhole Connection: Non-extruding bitumastic sealer.
B.
Pipe:
1.
2.
3.
4.
3.
Flanged ductile iron pipe confonning to A WW A C151.
Cement lined in accordance with A WW A CIO4.
Thickness: Class 53.
Extend pipe minimum distance of 2 ft beyond outside wall of manhole.
Connection to adjacent force main pipe. .
a.
Mechanical joint.
C.
Lid and Casting:
1.
Comply with Section 02530.
SEWAGE COMBINATION AIR RELEASENACUUM VALVE
A.
ManufacturerS:
1.
2.
APCO, Model 445 wa.
Or equal.
B.
Operating pressure up to 150 psi.
C.
~
~
~
Adaptable fot use with sewage and capable of releasing sewage gas or air when pump(s) operating and
capable of pennitting air to enter main following pump shutdown.
D.
Equip with 2 in. inlet, 2 in. blowoff, center quick disconnect coupling, and 1/2 in. shutoff valve and quick
disconnect for backflushing.
E.
Cast iron body and cover with stainless steel float. Materials of construction shall be resistant to exposure to
sewage.
3.01
PART 3 EXECUTION
CONSTRUCTION STAKING
A.
3.02
A.
Open Cut Force Main Construction:
1.
Seètion 4.3.1 of "Standard Specifications."
PREPARATION
Sections 4.2.2, 4.3.5, and 4.3.11 of "Standard Specifications," except as modified below.
1.
Delete words "as directed by ENGINEER."
02537-2
¡
¡
.,
,
. i
OSHKOSHFI-82859
3.03
3.04
3.05
A.
B.
Dual force main relocation shall be conducted such that one line is always in service. See Force Main System
Plan included in Appendix of this Project Manual.
1.
Construction of Northerly Pipe:
a.
b.
c.
Open Valves 9, 7, 5, 3 and 2.
Close Valves 8, 6,4 and 1.
Drain pipe.
2.
Construction of Southerly Pipe:
a.
b.
c.
Open Valves 8, 6, 4 and 1.
Close Valves 9, 7, 5, 3 and 2.
Drain pipe.
INSTALLATION OF FORCE MAIN
A.
Install ductile iron pipe in accordance with Sections 4.4.2 and 4.4.3 of "Standard Specifications," and PVC
pipe in accordance with Chapters 4.6.2 and 4.6.3 of "Standard Specifications," except as modified below.
1.
Delete Section 4.4.2(a)5, 4.4.2(b)5, and 4.6.2(g) and replace with following.
a.
Lay to line and grade so horizontal and vertical deflections not more than 50% of maximum
deflection as recommended by manufacturer. Where greater deflections necessary, use proper
fittings.
2.
Delete Section 4.4.2(c) in its entirety.
B.
Laying: Sections 4.3.7 through 4.3.10 of "Standard Specifications."
C.
Direction Changes: Chapter 4.10.0 of "Standard Specifications," except as modified below.
1.
Restrained joint pipe shall be provided to restrain force main and appurtenances ("Mega-Lug" by
EBAA Iron, Inc., or equal).
D.
Bedding and Cover: Section 4.3.3 of "Standard Specifications," except as modified below.
1.
Place cover material up to 12 in. above pipe barrel.
SEWAGE COMBINATION AIRN ACUUM RELEASE VALVE MANHOLE
A.
Install manhole, including sewage combination air ¡vacuum release valve, in accordance with detail included
on Drawings.
FIELD QUALITY CONTROL
Test for pressure and leakage in accordance with Sections 4.15.2 and 4.15.3 of "Standard Specifications,"
except as modified below.
1.
Leakage test: 50 psig.
* * * END OF SECTION * * *
02537-3
OSHKOSHFI-82859
SECTION 02620
SUBDRAlNAGESYSTEMS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.02
1.
Permanent drainage systems to control surface water in channel.
B.
Measurement and Payment;
1.
Unit price per lin ft for underdrainpipe includes labor, material, fittings, equipment, excavation, pipe
laying, filter fabric, filter material, backfill, dewatering and necessary cleanup and restoration work.
SUBMITTALS
A.
Product Data:
1.
Filter fabric manufacturer's literature.
B.
Subnút in accordance with Section 01330.
2.01
PART 2 PRODUCTS
UNDERDRAIN PIPE
2.02
2.03
A.
A.
PVC Pipe and Fittings: Perforated Schedule 40, Type 2, conforming to ASTM D1785. Perforation, size, and
spacing shall conform to ASTM C444, Type 1. Pipe joints shall be solvent weld type. Solvent and procedure
used shall be as recommended by pipe manufacturer.
B.
Perforated corrugated plastic drainage tubing.
C.
Pipe fittings and joints shall be of equal strength and quality as straight underdrain pipe.
FILTER MATERIAL
A.
ASTM C33, Size 8.
FILTER FABRIC
Conform to Section 02315.
3.01
PART 3 EXECUTION
PREP ARA nON
A.
Notify corporations, companies, individuals or authorities owning conduit, wire or pipes running to property
or encountered during excavating operations. Cap or remove services in accordance with instructions by
owners of said services: Protect, support, and maintain remaining conduits, dràins, sewers, pipes, and wires.
02620-1
OSHKOSHFI-82859
3.02
INSTALLATION
A.
$
Place filter fabric in accordance with manufacturer's written recommendations.
Provide special shapes and fittings in underdrain pipe as required for bends and other special conditions.
Perforated pieces shall have positive coupling method; butted square cut ends not acceptable. Unless
. otherwise shown, underdrain pipe shall be perforated.
B.
c
Lay pipe to lines and grades shown on 6 in. of filter material placed over undisturbed or fully compacted soil
and surrounded on side and top with minimum of 8 in. of filter material.
D.
Place filter material inside envelope of filter fabric as shown on Drawings.
E.
Install cover and bedding material. Backfil1 and compact trenches and excavations in accordance with
Section 02530.
* * * END OF SECTION * * *
02620-2
}
í
¡
Æ
OSHKOSHFI-82859
SECTION 02905
POND AND CHANNEL SEEDING AND PLANTING
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
maintenance.
1.02
1.03
1.04
. I.
i
1.05
C.
D.
A.
A.
A.
A.
B.
Requirements for ground preparation, placement of topsoil, seeding, planting and
MEASUREMENT AND PAYMENT
Include cost of Work specified in this section in lump sum prices bid for pond seedings and pond planting and
channel seeding. Furnishlabor, equipment, transportation, supervision, placement, finish grading, necessary.
for seeding, planting and maintenance.
DEFINITIONS
State Specifications: State of Wisconsin Department of Transportation "Standard Specifications for Road and
Bridge Constructions," 2003 Edition, including Supplemental Specifications, 2004 Edition.
REFERENCES
All materials shall comply with following references:
1.
2.
3.
Curtis, J. 1959. Vegetation of Wisconsin. University of Wisconsin Press, Madison, WI.
Fassett, N.c, 1975. A Manual of Aquatic Plants. University of Wisconsin Press, Madison, WI.
Fassett, N.C. 1976. Spring Flora of Wisconsin. University of Wisconsin Press, Madison, WI.
SUBMITf ALS
Product Data:
1.
2.
3.
List indicating source of plant material to be provided, 14 days prior to planting.
Certified analyses by approved laboratory for wetland seed.
Planting layout.
Miscellaneous:
1.
Prior tpend of maintenance period (acceptance by OWNER), furnish two copies of typed maintenance
instructions recommending procedures to be established by OWNER for maintenance of landscape
Work until end of2-yearwarranty period. .
Inspection certificates required by federal, state or other governing agency shall accompany each
shipment.
2.
Plant material shall comply with State of Wisconsin and federal laws with respect to inspection for plant
diseases and insect infestation. .
Subnùt in accordance with Section 01330.
02905-1
OSHKOSHFI-82859
1.06
1.07
QUALITY ASSURANCE
A.
Qualifications:
1.
CONTRACTOR or SUBCONTRACTOR shall be company specializing in native landscaping
installation.
Perform planting by personnel fauúliar with accepted native landscape planting procedures. Qualified
foreman, representing CONTRACTOR or SUBCONTRACTOR, shall be on-site during planting
procedures.
2.
B.
Ability to Deliver:
1.
Investigate sources of supply and confirm they can supply plants mentioned on plant list in sizes,
variety, and quality noted and specified before submitting bid. Failure to take this precaution will not
relieve responsibility for furnishing and installing plant material in accordance with Contract
requirements.
Substitutions may be pennitted only upon submission of written proof that specified plant is not
obtainable locally. Such substitution may be made upon written authorization by ENGINEER.
Adjustments will be made at no additional cost to OWNER.
2.
C.
Inspection:
1.
ENGINEER may inspect plant material at nursery. Such inspection shall be in addition to inspection at
job site.
Upon delivery and before planting, ENGINEER will inspect plants.
Inspection and approval is for quality, size, and variety only, and in no way impairs right of rejection
for failure to meet other requirements during progress of Work.
CONTRACTOR shall be present during required inspections or as may be required by ENGINEER.
2.
3.
4.
PROJECT/SITE CONDITIONS
A.
Inspection:
1.
Prior to beginning Work, CONTRACTOR shall examine and verify acceptability of project site for
conditions under which Work will be performed. Do not proceed with Work until unsatisfactory
conditions have been corrected.
Starting Work constitutes acceptance of conditions under which Work is to be performed. After such
acceptance, CONTRACTOR shall be responsible for correcting unsatisfactory and defective Work
resulting from such unsatisfactory conditions.
2.
B.
CONTRACTOR shall make arrangements for water used for planting with local water utility. Cost of water
usage is responsibility of CONTRACTOR and is incidental to contract.
c.
Plant when weather and soil conditions are suitable in accordance with best practices of industry.
D.
When landscape work is executed in conjunction with construction of other work, coordinate schedule to
pennit execution of landscape work.
,
¡
¡
j
0290S..2
OSHKOSHFI-82859
1.08
1.09
WARRANTY
A.
During 2-year warranty period CONTRACTOR shall replace plants which have died, or are in dying condition
or which have failed to flourish so its usefulness or appearance has been impaired.
1.
Replacement and Damages:
a.
Plants should be visible by end of second growing season. CONTRACTOR shall replant plants
not meeting these requirements. .
CONTRACTOR is responsible for repairing damage to property caused by defective
workmanship and materials.
b.
REPLACEMENTS
A.
Plants which have died prior to inspection for substantial completion shall be replaced. .
B.
Plants which die or require replacement for other reasons during 2-year warranty period shall be replaced at
CONTRACTOR'S expense as soon as possible during following planting seasons.
C.
Procedure:
1.
2.
. Dispose of dead plants off~site.
Replacements shall. be of same size and species as original plant unless otherwise approved by
OWNER.
Replacements shall be supplied and installed in accordance with Specifications.
Restore areas damaged by replacement operations to original condition.
Notify OWNER at conclusion of replacement program. .
ENGINEER will conduct inspection of replacements for determining final acceptance.
3.
4.
5.
6.
2.01
PART2 PRODUCTS
TOPSOIL
2.02
A.
Confonn to Section 02330.
PLANT SPECIMENS (EMERGENT VEGETATION)
A.
General:
1.
Plant material shall be. nursery grown unless otherwise specified or approved in writing by
ENGINEER. . Plants shall have been grown within same hardiness zone as Project site or acclimated to
conditions of same hardiness zone for. minimum of two growing seasons. Hardiness zones shall
confonn to "Zones of Plant Hárdiness" às provided by U.S. Department of Agriculture.
Unless specificàlly noted otherwise, plants shall be of selected specimen quality; have nonnal habit of
growth; and be sound, healthy, vigorous plants with well-developed root systems. Plants shall be free
of disease, insect pests, their eggs or larvae, and injuries.
2.
B.
Container or Pot Grown Plants (Designated Cont. or Pot):
1.
Container grown plants shall have heavy fibrous root system, or well-developed tap root, developed by
proper horticultural practice including transplanting and root pruning, and shall have grown in
container for at least one growing season.
Root system shall have developed sufficiently long for new fibrous roots to develop so root mass will
retain its shape and hold together when removed from container.
2.
02905-3
OSHKOSHFI-82859
2.03
c.
3.
Container shall not strangle or girdle natural growth of plant Plants, other than ground covers, over-
established in container as evidenced by pot-bound root ends, will be rejected.
Bare root plants are unacceptable.
4.
c.
Pond Plants:
1.
Provide plants in container form for installation along Safety Shelf as indicated on Drawings. Not
including roots, each plant shall have minimum height of 12-15 inches from submerged ground
elevation to top of plant in 2.5-inch circular container or larger. Species to be planted are following:
Latin Name
Common Narhe
Scirpus validus
Scirpits americanus
Sparganium eurycarpum
Scirpus fluviatilis
Soft Stem Bulrush
Three-Square Bulrush
Giant Bur Reed
River Bulrush
2.
.Plantings shall be.installed at 4-ft on centers.
SEED
A.
Seed stock shall be wild ecotype indigenous to upper Midwest and shan originate within U.s. Department of
Agriculture Hardiness Zones 4 or 5.
'-
B.
Grasses classified as to Agricultural Grasses to shall be PLS as specified. Other seed shall be to clean to according
to high quality industry standards. All seed shall. be cold, dry stratified; legumes shall be inoculated with
proper rhizobia immediately prior to planting. (Six hours or less.)
t
.~
Seed mixtures shall be blended by vendor, ratios of various species shall be guaranteed by vendor in writing to
be as specified. Any substitutions must be approved by ENGINEER.
D.
Meet requirements established by state and federal seed and weed control laws.
E.
Proportion mixture of seeds by weight.
1.
Cover crop shall be mixture of following seeds, sown at 10 lbslacre and mixed to following
proportions:
Scientific Name Common Name % of Mixture
Lo/ium Multiform Annual Rye 50%
Triticum Aestivum Winter Wheat 50%
2.
Seed mixture to be used on detention/sedimentation pondsideslopes as shown on Drawings.
a.
Grass. mixture shall be sown at 20 lbslacre of pure live seed. Mix grass seeds in following
proportions.
Scientific Name Common Name % of Mixture
Bouteloua Curtipendula Sideoàts Gramma 10%
Panicum Vir/?atum Switch Grass 20%
Sor/?bastrum Nutans Indian Grass 10%
Sporobolus Heterolepis Drop Seed 10%
Calma/?rotis Canadensis Blueioint Grass 10%
AndroPoRon Gerardi Bip; Bluestern 20%
STJartina Pectinata Prairie Cord Grass 20%
02905-4
OSHKOSHFI-82859
3..
4.
b.
Forbs nllxtures shall be sown at 6 lbs/acre of pure Jive seed. Mix forbs seeds in foUowing
proportions:
Scientific Name Common Name % of Mixture
Ranuncolus Fascicularis Early Buttercup 5%
Enchinacea Pu17Jurea Purple Coneflower 15%
Rudbeckia Hirta BJack-Eved Susan 15%
. Lupinus Perennis WiJd Lupine . 5%
Asclepias Vertièil/ata Whorled Milkweed 5%
Liatris Aspera BJazinl! Star 5%
Aster Azureus BJue A~t~ 10%
Aster Novae~An¡!.liae New EllIdand .Aster.. 15%
Silvhium Terebinthinaceum Prairie Dock. 10%
Sci17JUS Cvpennus . Wool.e;rass 15%
c.
. Cover crop shall be added to all combined seed mixtures ~xcept aq~atic bench sections.
Seed mixture to be used on channel sideslopes and bottom, south of Murdock Avenue:
a.
Grass nllxture shall be sown at 20 Ibs/acre of pure Jive seed. Mix grass. seeds in following
proportions:
Scientific Name Co~on Name % of Mixture
PaniCum Virgatum Switch Grass 20%
SorflbastrumNutans Indian Grass. 20%
Calmaflrotis Canadensis Blueioint Grass 20%
Androvoflon Gerardi Bil! Bluestern 20%
Svartina Peciinaia Prairie Cord Grass . 20%
b.
Forbs nllxture shall be sown at 6 lbs/acre of pure live seed. Mix forbs seeds in following
proportions:
Scientific Name Common Name % of Mixture
Ranuncolus Fascicularis Early Buttercup 5%
Asclepias Verticil/ala Whorled Milkweed .. 10%
Aster Azureus Blue Aster . 10%
Aster Novae~Angliae New Enj!;land Aster . 15%
Silphium Terebinthinaceum Prairie Dock 10%
Sci17JUS Cvverinus Wool.e;rass 10%
Eupatorium Rugosa White Snakeroot 20%
Helenium Autumnale . Sneezeweed 20%
c.
Cover crop shall be added to all combined seed mixtures except aquatic bench sections.
Seed mixture to be used on channel bottom, north of Murdock A venue.
a.
Seed nllxture shall be sown at 20 lbs/acreofpure Jive seed. Mix seeds in following proportions:
Common Name
Soft Rush
Soft-Stem Bulrush
Woól ass
Green Bulrush
% of Mixture
15%
15%
25%
20%
02905-5
OSHKOSHFI-82859
2.04
F.
5.
Scientific Name
Carex H stercina
Carex Seo aria
% of Mixture
15%
10%
.,
¡
¡
,
b.
Cover crop shall be added to all combined seed DÚxtures except aquatic bench sections.
Seed DÚxture to be used on channel side sJopes, north of Murdoèk Avenue.
, 1
¡
ì
a.
Grass DÚxture shall be sòwn at 20 Ibs/acre of pure live seed. Mix grass seeds in following
proportions:
Scientific Name Common Name % of Mixture
Panîcum WrRatum Switch Grass 20%
SorRbastrurn Nutans Indian Grass 20%
CalinaRrotis Canadensis Bluejoint Grass 20%
Andropogon Gerardi Big BJuestern 20%
Spartina Pectinata Prairie Cord Grass' 20%
b.
Forbs DÚxture shall be sown at 6 Ibs/acre of pure . live seed. Mix forbs. seeds in following
proportions:
Scientific Name Common Name % of Mixture
Ranuncolus Fascicularis Early Buttercup 5%
Asclepias Verticill(lfa Whorled Milkweed. .10%
Aster Azure~s Blue Aster 10%
Aster Novae-An¡¿liae New England Aster 15% \
Silphium TerebinJhinace1,lm Prairie Dock 10%
Scirpus Cyperinus Woolgrass 10%
Eupatorium RùJ(,osa White Snákeröot 20%
Helenium Autumnale Sneezeweed 20%
c.
Cover crop shall be added to all combined seed DÚxtures except aquatic bench sections.
~
,
,
~
~
Weed seed content shall not exceed 0.25%.
A.
PLANTING MATERIALS
Soil AmendmentS:
B.
Water:
2.
1.
2.
Peat:
a.
b.
c.
Natural, domestic, or Canadian product, free of stones, taken from freshwater site.
Not less than 80% decomposed organic matter by weight on oven-dried basis.
Deliver peat in workable condition, free from Jumps.
Fertilizer:
a.
Fertilizer shan consist offorest starter tablets of a 18-18-3 (+Mg) combination, slow release, or
approved equal.
Obtain from fresh water sources and free from injurious cheDÚcalor other toxic substances harmful to
plant life. No water which is brackish shall be used.
Provide hose and equipment necessary for proper watering of plant material.
1.
02905-6
OSHKOSHFI-82859
2.05
C.
Planting Mixture for Plant Pits:
1.
Soil excavated from planting pit shall be mixed with equal parts of peat. Materials are to be chopped
and mixed into uniform mixture.
PLANT SUPPLIERS
A.
At CONTRACTOR'S option, CONTRACTOR may contact following companies for plant and seed supplies:
Prairie Ridge Nursery
9738 Overland Road
Mt. Horeb, WI 53572
Kester's Wild Gamefood Nurseries
P.O. Box V .
Omro, WI 54963
Wildlife Nurseries
P.O. Box 2724
Oshkosh, WI 54903-2724
Taylor Creek Restoration Nllfsery
17921 Smith Road, P.O. Box 256
Brodhead, WI 53520 .
Marshland Transplant Aquatic Nursery
P.O. Box 1
Berlin, WI 54923
J&J Transplant
Aquatic Nursery
P.O. Box 227
Wild Rose, WI 54984-0227
Prairie Nursery
P.O. Box 306
Westfield, WI 53964
3.01
PART 3 EXECUTION
EXAMINA nON
3.02
A.
A.
Examine areas and conditions under which safety ledge planting is to be performed and notify ENGINEER, in
writing of conditions detrimental to proper and timely completion of Work.
B.
Do not proceed with Work until unsatisfactory conditions are corrected.
PLANTING
Plant Installation.(General):
1.
Planting shall take place when pond water levels are at normal water elevations, and weather conditions
do not indicate drought or flash floods. Early fall (September-October) is recommended for best
success. .
02905-7
OSHKOSHFI -82859
3.03
3.04
A.
B.
c.
A.
B.
C.
D.
E.
2.
Weather conditions within season shall govern actual planting periods.
Site Conditions:
1.
2.
Do not plant on saturated or frozen soil.
Do not plant during high winds.
~
~
~
Plant Installation:
1.
2.
Plant container plants 4-6 inches into moist soil as designated on plans.
Follow nursery recommendations for container plant plantings.
SEEDING (POND SIDESLOPE, CHANNEL BOTTOM AND CHANNEL SIDESLOPES)
Topsoil:
1.
Conform to Subsection 625.3.3 of "State Specifications".
Planting Seasons for Sowing Seed:
1.
2.
3.
4.
April 1 to June 1.
August 15 to October 15.
Weather conditions within season shall govern actual planting periods.
Dormant seeding may be used, upon approval from ENGINEER and when weàther conditions permit.
Site Conditions:
1.
2.
3.
4.
Do not seed prior to completion of finish grading.
Do not seed on saturated or frozen soil.
Do not sow seed during high winds.
Scarify and cultivate ground until surface smooth, friable, and uniformly fine texture immediately
before seed is shown. .
Sowing Seed:
1.
2.
3.
4.
Apply mechanically or manually at given rates.
Sow seed in two passes at right angles to each other.
Cover seed with 1/8 in. of soil by lightly raking. Do not rake seed from one areatö another.
If seeding equipO1ent doe.s not comp¿¡ct soil simultaneQuslY with seeding operation, roll seed areas
using 500-lb roller tö compact soil around seed.
Erosion Control Mat:
1.
Install mat at locations shown in sections included on Drawings and in accordance with Section 02378.
MAINTENANCE
General:
1.
2.
Maintain all plantings beginning at installation and until final completion and acceptance by OWNER.
Repair work necessitated by CONTRACTOR'S operations, CONTRACTOR'S failure to perform
adequate maintenance or CONTRACTOR'S negligence shall be performed without cost to OWNER.
Provide to OWNER recommended vegetation maintenance program which incorporates noxious weed
(Canadian thistle and reed canary grass) and cattail control as well as native vegetation enhancement
procedures.
3.
02905-8
OSHKOSHFI-82859
3.05
B.
C.
A.
Watering:
L
Seeded Areas:
a.
b.
Water seeded areas within 24 hrs after seeding.
Keep seed bed moist, but not wet, until seed germinates. During germination, soak to depth of 1-
in. After germination, quantity of water applied for each watering shall be gradually increased,
as turf matures to soak to depth of 4 in., while gradually decreasing frequency of watering. As
llÙnimum and during normal weather conditions, application at 4-day intervals is sufficient for
2-week period after germination. Thereafter, water at I-week intervals. Alter this program as
necessary to match specific water patterns occurring during germination and maturation periods.
Protection:
L
Maintenance shall aiso include temporary protection, fences and barriers, signs, and other Work
incidental to proper maintenance.
CONTRACTOR is liable for damage to wetland planted areas caused by deicing compoUnds, toxic
substances, fertilizers, pesticides, and other materials applied by CONTRACTOR. CONTRACTOR is
not liable for materials applied by others or damage caused by vandalism or acts of God.
Protect emergent areas against damage by trespass and other causes until final completion.
Protect existing property and improvements within this site and those adjacent to OWNER'S property.
Repair damage created by operations.
2.
3.
4.
5.
FIELD QUALITY CONTROL
Prelinùnary Planting and Seeding Acceptance:
L
2.
Notify ENGINEER when plants and seeding are ready for final inspection.
Final completion will be granted upon conformance with following.
a.
Planted live plants are established upright, green and exist at time of final inspection.
3.
Seeding:
a.
Fill depressions or settlement that occurs in seeding areas within 60 days following installation at
ENGINEER'S direction.
Seeded Areas:
b.
1)
Rework areas which fail to show uniform stand of grass. Bare spots may be spot reseeded
in accordance with seeding specifications, when less than 50% of total area contains bare
spots. Where more than 50% of area seeded contains bare spots, rework and reseed entire
area in accordance with seeding and maintenanc~ requirements at no additional .cost to
OWNER.
* * * END OF SECTION * * *
02905-9
OSHKOSHFI-82859
DIVISION 3
CONCRETE
OSHKOSHFI-82859
SECTION 03200
CONCRETEREThœORCEMENT
PART I GENERAL
1.01 SUMMARY
A. Section Includes:
B.
1.02
A.
B.
1.03
A.
1.
Requirements for furnishing and installing steel reinforcement forcast-in-place concrete.
Measurements and Payment:
1.
Consider Work specified in this section to be incidental to cast-in-place concrete structures and include
cost in appropriate lump swnprices specified in Bid Form.
SUBMITTALS
Shop Drawings:
1.
Conform to ACI SP-66 showing bending diagrams; assembly diagrams; location diagrams; splicing and
laps of bars, shapes, and dimensions; and details for bar reinforcing, stirrup spacing, accessories, and
. -
openIngs.
Çoordinate bar splicing and placement with CONTRACTOR'S concrete placing schedule and joint
locations.
Submit with construction joint submittals required in Section 03300.
2.
3.
Submit in accordance with Section 01330.
DELIVERY, S,!ORAGE, AND HANDLING
Store reinforcing steel on supports above ground; cover and keep clean.
2.01
PART 2 PRODUCTS
MATERIALS
A.
B.
c.
Steel Reinforcing Bars:
1.
Deformed bars conforming to ASTM A615, Grade 60.
Reinforcing Supports: - .
1.
Shall have all plastic or stainless steel supports.
Reinforcing Tension Bar Splicers:
1.
Manufacturers:
a.
b.
c.
Cadweld or Lenton rebar splicers by Erico Products, Inc.
Dayton Barsplice, Inc.
Or equal.
2.
Develop minimum 125% of yield capacity of bars spliced in tension when tested as assèmbly in
accordance with ASTM A370 and A615.
03200-1
OSHKOSHFI-82859
2.02
, "
"
"
~
D.
Dowel Bar Splicer Systems:
1.
Manufacturers:
a.
b.
DB-SAE splicer system by Richmond Screw Anchor Company, Inc.
C2D rebar flange coupler by Williams Form Engineering Corporation.
Lenton Form Saver by Erico Products, Inc.
Or equal.
c.
d.
2.
Develop minimum 125% yield capacity of dowels when tested as assembly in accordance with
ASTM A370 and A615.
F ABRlCA nON
A.
Fabricate to schedules and details on Drawings and in accordance with ACI 318.
3.01
PART 3 EXECUTION
PLACEMENT
A.
Placement of reinforcing steel shall be approved by ENGINEER before covered with concrete.
~
~
~
B.
Correct displacement of reinforcementprior to and during concrete pouring operations. Maintain clear cover
as noted on Drawings. Tolerances shall be in accordance withACI 117 and ACI 318, unless noted otherwise.
c.
Support reinforcing steel in accordance with CRSI "Placing Reinforcing BatS"with maximum spacing of
4 ft 0 in. .
~
Î
<
Æ
D.
Tie reinforcing steel at intersections in accordance with CRSI "Placing Reinforcing Bars."
1.
2.
3.
Maximum Tie Spacing for Footings and Walls: Every third intersection or 3 ft 0 in.
Maximum Spacing for Slabs and Other Work: Every fourth intersection or 3 ft 0 in.
Tie each dowel in-place.
E.
Locate reinforcing to avoid interference with items drilled in later, such as concrete anchors.
F.
Reinforcement shall be continuous through construction joints.
G.
Reinforcement may be spliced at construction joints provided that entire lap is placed within only I concrete
pour.
H.
Use concrete brick for supporting bottom mat reinforcing on grade. Use bolsters or chairs supported on
concrete brick or tied to bottom mat for supporting upper reinforcing mat on grade. Use bolsters or chairs for
supporting reinforcing on mud slabs. and forming.
I.
Dowel bar splicer systems may be substituted for dowels at CONTRACTOR'S option when approved by
ENGINEER.
J.
Reinforcing bar splicers may be substituted for lapped splices at CONTRACTOR'S option when approved by
ENGINEER. Stagger splices. .
K.
Do not field bend bars, including bars partially embedded in concrete unless indicated.
L.
Do not place bars having kinks and bends other than shown on approved Shop Drawings.
03200-2
OSHKOSHFI-82859
N.
M.
Welding of reinforcing bars is not pennitted.
Reinforcement shall be clean and free from loose mill scale, dirt, grease, oil, fonn release agent, dried concrete
or any material reducing bond with concrete.
* * * END OF SECTION * * *
03200-3
OSHKOSHFI-82859
3.10
3.11
c.
Concrete Flatwork:
1.
Start curing activities as soon as free water has disappeared from surface of concrete after placing and
finishing.
Cure flatwork using liquid curing compound or wet cure.
Do not use curing compound where epoxy, urethane, mortar bed, grout, additional concrete or other
coatings or adhesives will be applied.
2.
3.
D.
Curing Compound:
1.
Apply curing compound at uniform rate sufficient to comply with requirements for water retention as
specified and as measured in accordance with ASTM C156.
Cover areas subjected to direct sunlight during curing period with ambient temperatUre expected to
exceed 80°F with white pigmented compound, others may be covered with fugitive dye compound.
2.
E.
Protect from damaging mechanical disturbances, particularly load stresses, heavy shock, and excessive
vibration.
F.
Protect finished concrete surfaces from damage caused by construction equipment, materials or methods, and
rain or running water.
G.
Do not load self-supporting structures to overslress concrete.
REMOVAL OF FORMING AND SHORING
A.
Do not remove forming Of shoring until member supported has acquired sufficient strength to safely support
own weight and any imposed loads. Forming shall remain in place for at leastminimäl time recommended by
ACI 347R. In addition, forming for horizontal members such as elevated slabs and beams shall remain in
place minimum of 7 days. In no case shall forming for horizontal members be removed before concrete has
reached at least 70% of its specified design slrength.
B.
Reshore areas as required to carry additional imposed loads.
C.
Repair damage to structure caused by early removal offorming and shoring at no additional cost to OWNER.
FIELD QUALITY CONTROL
A.
Obtain samples of concrete in accordance with ASTM C 172. Transport cylinders to place on-site where they
can be stored under conditions affecting concrete they represent without being disturbed for first 24 hrs.
B.
Make slump tests daily and when requested by ENGINEER, in accordance with ASTM C143.Make slump
tests from same batch from which slrength tests are made.
c.
When air-enlrained concrete is used, make air content tests daily and when requested by ENGINEER in
accordance with ASTM C231. Test pumped concrete at pipe discharge. .
D.
If measured slump or air content falls outside limits specified, make check test immediately on another portion
of same sample.. In event of second failure, concrete shall be considered to have failed to meet requirements
of Specifications and will be rejected.
E.
Strength test for each class of concretè consists of 4 cured standard cylinders made from composite samples
secured from single load of concrete in accordance with ASTM CI72. Make compressive Slrength tests on
1 cylinder at 7 days and 2 cylinders at 28 days. Test results at 28 days shall be average Slrength of
2 specimens as determined in accordance with ASTM C39, except if 1 specimen in test shows manifest
evidence of improper sampling, molding or testing, it will be disregarded. Test remaining cylinder if needed.
03300-10
OSHKOSHFI~82859
3.08
3.09
D.
Float:
1.
Use magnesium or aluminum hand floats or power floats with slip on float shoes after concrete has
stiffened to point where 1/4 in. maximum indentation can be imparted by normal foot pressure. Do not
use combination blades for floating.
Float finish shall result in uniform smooth granular texture.
After floating, check slab tolerances with 10-ft Slraightedge. FiI11ow spots with fresh concrete.
Do not sprinkle with dry cement or add water.
2.
3.
4.
E.
Broom Finish: Use fine, soft-bristled broom and broom at right angles to direction of Irafflc to give nonskid
finish. Texture shall be approved by ENGINEER.
FINISillNG FORMED CONCRETE
A.
Ordinary Finish: Finish resulting directly from formwork for surfaces which will be hidden from view by
earth! submergence in water or wastewater or subsequent conslruction.
1.
Patch honeycombing, stone pockets, form ties, spans, and other irregularities as specified in this section
and cure.
Where joint marks or fins on submerged surfaces exceed 1/4 in., grind smooth.
2.
B.
Smooth Finish: Interior concrete. surfaces permanently exposed to view.
1.
2.
3.
Mter removal of forms, patch or point up defects as specified and cure.
Grind joint marks and fins smooth with adjacent surface. Remove oil stains and rinse surface.
After grinding and cleaning, dampen .concrete and paint entire surface with Cement Grout. Work
CementGro~tinto surfaçe with. cork or other suitable float. When grout has set to where it will not be
pulled out of holes or depressions, brush off surface with dry burlap or carpet
c.
Rubbed Finish: Exterior cast-in-place concrete surfaces permanently exposed to view extending to 6 in. below
finish grade, unless otherwise and where indicated on Drawings. .
1.
2.
3.
4.
5.
After removal of forms, patch or point up defects as specified and cure.
R~move joint marks, fins, and stains described for smooth finish.
Apply heavy coat of Finishing Grout. After first coat has set, apply second coat.
has set, float to unifönn texture.
Follow manufacturer's written instructions for finishing concrete.
Finish color shall be gray.
When second coat
PROTECTION AND CURING
A.
Protect concrete from frost and keep moist for minimum curing period of 7 days after placing in accordance
with ACI 308.
B.
Fonned Surfaces:
1.
Wet cure by spraying surfaces during curing period as frequently as drying conditions may require to
. keep concrete.s\jrfaces moist.
. Ceilings, walls, columns, and beam sides may be cured by leaving forms in-place. For vertical
surfaces, apply water to run down on inside of fonns, if necessary, to keep concrete wet.
After forms are removed, wet cure for remaiqder of curing period or apply curing compound.
Do not use curing compound where epoxy, urethane, mortar bed, grout, additional concrete or other
coatings or adhesives will be applied. .
2.
3.
4.
03300-9
OSHKOSHFI-82859
3.05
3.06
3.()7
c.
Locate vertical construction joints in walls minimum of one-half wall height from comers or other intersecting
walls or at midpoint between comers or intersecting walls.
j
~
D.
Construction joints shall have roughened surfaces. Surface shall have amplitude of 1/4 in. minimum.
E.
Clean and prime joints in accordance with manufacturer's written instructions before applying sealant.
EMBEDDED ITEMS
A.
Cast pipe and other embedded items into concrete as placement progresses. Do not provide blockouts.
B.
Place.itèms constructed of dissimilar metals to avoid physical contact with reinforcing. Secure item and
reinforcing to ensure they will not shift and come into contact during pouring. Contact between reinforcing
and other metal, other than bare. coated or plated carbon steel not pennitted, unless approved by ENGINEER.
C.
Support wall pipes from formwork to prevent contact with reinforcing.
REPAIR OF SURFACE DEFECTS
A.
General:
1.
Prior to starting repair work, except as specified otherwise, obtain ENGINEER'S approval of proposed
repair techniques and mixes.
Develop patching techniques and mixes on portion of as-cast surface selected by ENGINEER for this
purpose. Dress surface of patches remaining exposed to view to match color and texture of adjacent
surfaces.
2.
B.
Tie Holes:
1.
Fill tie holes, except where sealant is indicated, with patching mortar as specified in Section 03605.
c.
Defective Areas:
1.
Rem()ve honeycombing, stone pockets. spalls. and other defective concrete down to sound concrete. If
chipping required, make edges perpendicular to surface. Do not feather edges.
Fill defective area with patching mortar as specified in Section 03605. .
2.
FINISmNG$LABSAND-FLATWORK, .
A.
Slab Finishes:
Description Concrete Finish
Submerged and Buried Slabs Float
Exterior Exposed Slabs and Top of Walls Float and Broom Finish
B.
After placement, screed concrete with straightedges, power strike-offs or vibrating screeds.
C.
After screeding. bull float or darby surface to eliminate ridges and to fill in voids left by screeding.
03300-8
OSHKOSHFI -82859
3.02
3.03
H.
3.04
A.
B.
E.
Workmanship:
1.
Fonnwork shall prevent leakage of mortar, shall not deflect under weight of concrete and workman,
and shall withstand fluid pressures of concrete.
Removal of wall ties shall leave holes clean cut and without appreciable spalIing at face of concrete.
2.
SUB GRADE PREPARATION
A.
Subgrade and bedding shall be compacted and free of frost. If placement allowed at temperatures below
freezing, provide temporary heat and protection to remove frost. Do not place concrete on frozen material.
B.
Provide mud slabs where noted, where necessary, and when required by ENGINEER to obtain dry and stable
working platfonn for placement of slabs on grade. Mud slabs shall be 2 in. thick minimum.
C.
Soak subgrade evening before placement and sprinkle ahead of placement ofconcrete.
D.
Remove standing water, iCe, mud, and foreign matter before concrete deposited.
PLACING CONCRETE
A.
Notify ENGINEER 24 hrs in advance of placing operation.
B.
Place concrete, except as modified herein, in accordance with ACI 304R, Chapter V.
c.
Concrete will not be allowed to drop freely where reinforcing will cause segregation of mix.
1.
2.
Superplasticized Concrete: lOft maximum drop.
Other Concrete: 5 ft maximum drop.
D.
If pumping is used, do not use aluminum piping for delivery system.
E.
When placing of concrete is temporarily halted or delayed, provide construction joints as shown on Drawings
and as specified.
F..
Place in lifts not exceeding 24 in. and compact with internal mechanical vibrator equipment.
1.
2.
3.
Insert vibrator so area visibly affected by vibrator overlaps adjacent just-vibrated area by few inches.
Slabs: Insert vibrators for full depth of slab.
Walls: Insert vibrators along each face (i.e., just behind reinforcing) and allow vibrator to sink into
previous lifts as deep as will easily penetrate.
Do not spread concrete with vibrators.
4.
G.
Ifin processofpoÙfing wall, pour IS stopped unexpectedly,leave surface of joint level but rough. Roughened
surface shall have amplitude of 1/4 in. minimum. Before depositing new concrete against hardened concrete,
retighten founs.
When heat or wind conditions will result in evaporation of 0.2 lb/sf/hr or more, use evaporation retardant in
accordance with manufacturer's recommendations to minimize plastic shrinkage cracking.
JOINTS
Unless otherwise noted, construction joints shown are optional. Joints not shown on Drawings shall be
approved by ENGINEER. Locate to miss splices in reinforcement.
Before concrete placed, construction joints shall be cleaned and laitance removed and surface wetted.
Remove standing water.
03300-7
OSHKOSHFI-82859
2.03
C.
Concrete Usage:
1.
2.
3.
4.
Class A: Locations, except where Class Band F specified.
Class B: Concrete fill benches and where noted.
Class F: Mud slabs and backfill below and around structures where noted.
Nouùnal maximum size of coarse aggregate shall not exceed 3/4 of llÙnimum clear spacing between
reinforcing bars, 1/5 of narrowest dimension between sides of forms or 1/3 of thickness of slab.
MIXING AND DELIVERY
A.
Use ready uùxed concrete.
B.
Deliver and complete discharge within 1 ~ 1/2 hrs of commencing of uùxing or before 300 revolutions of drum
or blades, whichever comes first Includes revolutions required by transit mix trucks, Limitations may be
waived by ENGINEER if concrete slump, after 1-1/2 hrs or 3OO-revolution limit reached, that concrete can be
placed without addition of water. In hot weathèr, time or number of revolutions criteria may be reduced by
ENGINEER.
Co
Do not add water on-site Unless slump and water-cement ratio, after ~ddition of water, are below maximum
allowed. Ifwater added, mix concrete at site additional 30 revolutions of drum.
D.
Deliver concrete to site having temperature not less than 50°F nor greater than 9Ö°F.
E.
If high range water-reducing aduùxture added on~site, mix concret~at site additional 85 revolutions of drum
after addition of high range water-reducing aduùxture.
~
&
j
3.01
PART 3 EXECUTION
FORMS
A.
Formwork design, detailing, and installation shall be CONTRACTOR'S responsibility and shall conform to
requirements of ACI 347R.
B.
Materials and Construction: Type of forms used is CONTRACTOR'S option, eXcept as otherwise indicated
below or on Drawings. Plywood and other wood surfaces shall have smooth, level surfaces treated with form
oil or sealer to produce clean release of concrete from forms.
1.
2.
.,
¡
.J
3.
Where walls remain exposed use plywood, prefabricated metal or wood forms. Do not use boards.
Use bolts, rods or other approved devices 'for form ties. Plastic cone snap ties are approved as form
ties. Ties for liquid holding structures or dry structures below grade shall have integral waterstop. Do
not use wire ties on exposed concrete.
Ties shall be removed minimum of 1 in. from formed surface. Removal of ties shall leave holes clean
cut and without appreciable spalling at face of concrete. Provide plastic cone or other approved device.
Provide 3/4 in. chamfer on external comers of exposed concrete walls, beams, columns, equipment
bases and exposed edges of construction joints.
Provide openings at base of vertical forms as access for cleaning and inspection of forms and
reinforcing prior to depositing concrete.
4.
5.
c.
Treat or Wet Contact Forms: Coat plywood and wood moldings with non-staining form release agent. Apply
release agent before reinforcement is placed.
D.
Repairing and Cleaning: Clean, patch, and repair form material before reusing.
03300-6
OSHKOSHFI-82859
2.02
A.
B.
CONCRETE MIX DESIGN
Concrete Mix: Measure and combine cements, aggregates, water, and admixtures in accordance with
ASTM C94 and ACI 211.1.
1.
Cement: When used in exposed concrete shall be One brand from one source. Do not mix different
cements in same element or portion of Work.
Air-Entrainment: Air-entrain concrete exposed to freezing or liquid containment.
Chemical Admixtures: Use is optional to aid concrete properties and allow for efficient placement.
Manner of use and amount shall be in accordance with manufacturer's written recommendations and as
approved by ENGINEER. Do not use admixtures which increase shrinkage or negatively affect
finishing.
Fly Ash: Use is optional unless otherwise noted. Combine fly ash with cement at rate of 1.0 Ib fly
ash/lb reduction in cement. Amount of fly ash shall not be less than 15% nor more than 25% of weight
of cement plus fly ash. When fly ash is used, minimum amount of cement given in table for Class of
Concrete may be proportionately reduced. Water to cementitious ratio shall not exceed water to
cement ratio given in table for Class of Concrete. .
Ground Granulated Blast-Furnace Slag (GGBFSlag): Use is optional unless otherwise noted.
Co:glbine GGBF slag with cement at of 1.0 lb GGBF slag lIb reduction in cement. Amount of GGBF
slag shall notbe less than 25% nor more than 50% of weight of cementitious material. When GGBF
slag is used, minimum amount of cement gi ven in table for Class of Concrete may be proportionately
reduced. Water to cementitious ratio shall notexceedwater to cement ratio given in table for Class of
Concrete.
Fly Ash and GGBF Slag Mix Ternary Systems: Use is optional unless otherwise noted. Combinations
of portland cement, GGBF slag and fly ash will be allowed. Minimum amount of portland cement shall
be 337 Ib/cubic yard of concrete. Total replacement of cement with fly ash and GGBF slag shall not
exceed 50%. Total replacement of cement with fly ash shall not exceed 25%. Water to cementitious
ratio shall not exceed water to cement ratio given in table for Class of Concrete.
Use no admixture other than specified, unless approved by ENGINEER.
Class B concrete and fill concrete where noted shall be .fiber reinforced.
2.
3.
4.
5.
6.
7.
8.
a.
b.
c.
Dosage Rate: l-1I21bs/cu yd minimum.
Superplasticizer admixture squad.
Comply with manufacturer's recommendations and as specified in ASTM C94.
Class òf Concrete:
1.
. Furnish in accordance with table. Cement contents listed are minimum values and shall be increased as
required to attain other specified characteristics.
Air coT\tents listed areJorconcrete requiring air-entrainment as specified herein. Contents listed shall
be maintained after addition of admixtures.
Slumps listed are maximum, except when high range water reducer is used. Maximum slump when
high range water reducer is used, lOin.
Chloride ion content shall not exceed values listed in ACI 318, Table 4.3.1.
2.
3.
4.
Coarse
Compressive Aggregate Minimum Air
Strength (maximum Cement Factor Content Slump Water/Cement
Class (psi) size) (bags/cu yd) (%) (in.) Ratio (maximum)
Al 4,500 1-112 in. 5.5 . 5-112+1 3 +1 0.42
A2 4,500 3/4 in. 6.0 6+1 3 +1 0.42
B 3,000 3/8 in. 5.0 7:tl 4max. N/A
F 2,000 3/4 in. 2.25 --- --- ---
03300-5
OSHKOSHFI-82859
F.
3.
Water: Potable.
ChellÚcal AdllÚxtures for Flowing Concrete: ASTM C 1 0 17 .
a.
b.
Type 1, Water reducing, high range.
Type 2, Water reducing and retarding, high range.
G.
Membrane ForllÚng Curing Compound:
Manufacturers:
H.
1.
2.
Finishing Grout:
1.
a.
b.
c.
d.
Day-Chern Cure & Seal J-20 by Dayton Superior.
Kure-N-Seal by Sonneborn.
Masterseal by Master Builders.
Super Floor Coat by Euclid ChellÚcal Company.
Cure and Seal by Symons.
Dress.and Seal WB by L&M Construction ChellÚcals, Inc.
. Achro Kure AK-2 or Achro Seal AS-l by TK Products.
e.
f.
g.
ASTM C309, and compatible with scheduled finishes and coatings.
Manufacturers:
a.
b.
c.
Thoroseal with Acryl 60 by Thoro.
Concrete Finisher with AKKRO- 7T by Tamms Industries Company.
Tn-Mix with TK-225 Liquid Bonding Agent by TK Products.
J.
Cement Grout: Mixture of cement and fine sand in proportions used in concrete being finished.
I.
Evaporation Retardant:
1.
Manufacturers:
a.
b.
c.
d.
E-CON by L&M Construction ChellÚcals, Inc.
Confilm by Master Builders.
Eucobar by Euclid ChellÚcal Company.
TK-2120 Tri-Film by TK Products.
SikaFilm by Sib Corporation.
.~
~
;~
e.
K.
Fiber Reinforcement:
Manufacturers:
1.
2.
3.
a.
b.
Fibennesh Company.
W.R. Grace & Company.
Euclid ChellÚcal Company.
Forta Corp.
c.
d.
1/2-in. to 314-in. collated fibrillated virgin polypropylene fibers.
ASTM C 116 Type III.
03300-4
OSHKOSHFI-82859
B.
Cold Weather:
1.
2.
Comply with ACI 306.1.
Temperature of reinforcement, forms, fillers, and other materials in contact with concrete at time of
placement shall not be less than 35°F. Preheat if temperature below 35°F.
Maintain air and forms in contact with concrete sections having minimum dimension less than 12 in. at
temperature above 50oP for at least first 3 days and at temperature above 32°P for remainder of
specified curing period.
Maintain air and forms in contact with concrete in more massive sections at temperature above 40°F for
at least first 3 days and at temperature above 32°F for remainder of specified curing period.
3.
4.
PART 2 PRODUCTS
2.01 MATERIALS
A. Portland Cement:
B.
c.
D.
E.
1.
2.
ASTM C150.
Type I or II except tricalcium aluminate (C3A) content of Type I shall not exceed 8%. If this type of
Type I not available, Type I with C3A content less than 12% shall be used in combination with fly ash
or GGBF slag.
When aggregates detennined to be deleteriously reactive, as defined by Appendix XI of ASTM C33,
alkali content of cement defined by Table lA of ASTM C150 shall not exceed 0.60%.
3.
Fly Ash:
1.
2.
ASTM C618, Class C or F including requirements of Table lA.
Supplemental Requirements:
a.
b.
Loss on Ignition (maximum): 3%.
Fineness (maximum retained on No. 325 sieve): 25%.
Ground Granulated Blast-Furnace Slag:
1.
ASTM C989, modified as follows.
a.
Slag activity classification: Grade 100 or 120.
Aggregates:
1.
ASTM C33, modified as follows.
a.
b.
Fine Aggregate: Natural sand.
Coarse Aggregate: Crushed gravel, crushed stone or gravel, Size 467 (1-1/2 in. maximum),
Size 67 (3/4 in. maximum), Size 8 (3/8 in. maximum).
2.
Potential reactivity of aggregates shall be detennined in accordance with Appendix XI of ASTM C33.
Admixtures for Concrete:
1.
2.
Air-Entraining: ASTM C260.
Chemical Admixtures: ASTM C494, non-corrosive and chloride free.
03300-3
OSHKOSHFI-82859
1.04
1.05
D.
E.
A.
B.
A.
a.
b.
Date and serial number of ticket.
Name of ready mixed concrete plant, operator, and job location.
Type of cement, admixtures, if any, and brand name.
Cementitious content, in bags/cu yd of concrete, and mix design.
Truck number, time loaded, and name of dispatcher.
Amount of concrete in load, cu yds, delivered.
Maximum size aggregate.
Gallons of water added at job, if any, and slump of concrete after water was added.
Temperature of concrete at delivery.
Time unloaded.
c.
d.
e~
f.
g.
h.
i.
J.
Miscellaneous Submittals:
1.
NRMCA certification or certificate stating plant and equipment complies with NRMCA requirements
specified herein.
Statement by ready mix supplier giving source and material certificates of cement and finë and coarse
aggregates, including sieve analysis, that will be used in manufacture of each class of concrete. Make
no changes in sources of materials.
Fly Ash: Source and test reports showing fly ash in compliance with these Specifications. Reports
shall be for actual fly ash to be used. in Work.
GGBF Slag: Source and test reports showing slag in compliance with these Specifications. Reports
shall be for actual GGBF slag to be used in Work.
Method of pumping concrete.
Submit with mix design.
2.
3.
4.
5.
6.
Submit in accordance with Section 01330.
QUALITY ASSURANCE
Plant Certification: Plant or concrete supplier shall comply with requirements of National Ready Mixed
Concrete Association (NRMCA) certification plan as regards. material storage and handling, batching
equipment, central mixer, truck mixers with counters, agitators, nonagitating units, and ticketing system.
Concrete Testing: Testing shall be provided by CONTRACTOR in accordance with Section 01455 and this
section.
1.
Conduct tests on sample material in accordance with applicable ASTM methods listed below.
a.
b.
c.
Slump: ASTM C143.
Air-Entrainment: ASTM C231.
Compressive Strength Test: ASTM C31
(testing).
(making and cylinders curing) and ASTM C39
PROJECT/SITE CONDITIONS
Hot Weather:
1.
2.
3.
Comply with ACI 301.
Concrete temperature shall not exèeed 90°F at placement.
At air temperatures of 80°F or above, keep concrete as cool as possible during placement and curing. -
Fog-spray forms, steel reinforcement and subgrade just before placing concrete.
When concrete temperatures exceed 80°F, water reducing, set retarding admixtures shall be used in
accordance with manufacturer's recommendations.
Rate of evaporation from concrete surface shall not exceed 0.21b/ft2/h based on ACI 305R Table 2.1.5
and Figure 2.1.5. Use fog-spray or evaporation retardant to maintain evaporation at 0.2Ib/ft2/h or less.
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4.
5.
03300-2
OSHKOSHFI-82859
SECTION 03300
CAST-IN-PLACE CONCRETE
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.
B.
Measurement and Payment:
Requirements for furnishing and installing concrete for cast-in-place structures.
1. Include cost of work specified in this section in appropriate unit price or lump sum prices specified in
Bid Form.
1.02
A.
SYSTEM DESCRIPTION
Tolerances:
1.
1.03
SUBMITTALS
A.
Shop Drawings:
1.
B.
Product Data:
1.
2.
C.
Test Results:
1.
2.
Conform to ACI 117.
Verification of Mix Design:
a.
Proposed mix design for each class of concrete to be used as specified using designations
indicated. Provide dry weight of cement, saturated surface dry weight of coarse and fine
aggregates, brand name and quantity of admixtures when applicable, fly ash or Ground
Granulated Blast Furnace slag (GGBF slag) when applicable or in combination and gallons of
~ater required for 1 eu yd of concrete.
Submit wilh admixture product data and miscellaneous submittals required herein.
Mix design shall be approved by ENGINEER before concrete is delivered to site.
b.
c.
Concrete Admixtures:
a.
b.
Manufacturer's literature.
Submit wilh mix design.
High Range Water Reducers:
a.
b.
Name of product and manufacturer's literature.-
Intended use area.
Submit wilh mix design.
c.
Concrete test results. .
Wilh each load of concrete delivered, provide duplicate delivery tickets, one for CONTRACTOR and
one for ENGINE~R, wilh following information. .
03300-1
OSHKOSHFI-82859
F.
Make strength test for each following condition for each class of concrete.
L
2.
3.
4.
Each day's pour.
Each change of source.
Each 100 cu yds of concrete poured.
When temperatures are below or expected to fall below 45°F within 48 ills after concrete placed, make
2 additional cylinders and cure in field under conditions approximating conditions affecting concrete
they represent. Test one at 7 days, other at 28 days.
G.
Strength level of individual class of concrete considered satisfactory if following requirements met.
1.
Average of all sets of 3 consecutive strength tests equal or exceed specified 28 day compressive
strength.
No individual strength test falls below specified 28 day compressive strength by more than 500 psi.
2.
H.
If analysis of strength tests indicates above requirements are not being met, make immediate adjustments to
mix. Also, if likelihood of low strength concrete is confinned, make additional. tests as required by
ENGINEER to determine strength of concrete in-place in portion of structure identified with deficient
cylinders. If tests and analysis verify Work in-place is not in conformance with Specifications, ENGINEER
will determine whether or not Work in-place is adequate for intended use in location. If Work is determined
inadequate, CONTRACTOR shall follow such remedial or replacement measures which ENGINEER may
require. CONTRACTOR shall bear costs in connection with testing, engineering analyses, remedial work, and
replacement required under terms of this paragraph.
* * * END OF SECTION * * *
03300-11
OSHKOSHFI-82859
SECTION 03603
EPOXY GROUT
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.
Material for grouting reinforcing bars into existing concrete, and other uses where noted.
B.
. Alternatives:
1.
CONTRACTOR may use premixed adhesive anchor material as specified in Section 05500 when
approved by ENGINEER, rather than using field mixed grout as specified herein. .
,
2.01
PART2 PRODUCTS
MATERIALS
A.
Epoxy:
1.
Manufacturers:
a.
b.
Sikadur Hi-Mod or Sikadur Hi-Mod gel, by Sika Corporation,
Five Star Epoxy Grout, by Five Star Products, Inc.
Cei1cote 648, by Master Builders.
c.
B.
Sand: Hard, durable, oven dry.
3.01
PART3 EXECUTION
PREPARATION
3.02
3.03
B.
3.04
A.
A.
Clean contact surfaces of oil, grease, and other foreign matter. Chip away unsound concrete.
. ..... - ... ..m..
MIXING
A.
Mix components of epoxy compound as directed by manufacturer's instructions immediately before combining
liquid with sand.
B.
After binder thoroughly mixed, add sand as recommended by manufacturer.
PLACING
A.
Place in accordance with manufacturer's written instructions following requirements regarding temperature and
pot life.
Provide suitable materials where necessary to retain grout until hardened.
CURING
Cure as recommended by manufacturer.
* * * END OF SECTION * * *
03603-1
OSHKOSHFI-82859
SECTION 03605
PATCHING MORTAR
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.
Polymer modified, cementitious, fast setting, mortar for repair of concrete surfaces.
2.01
PART 2 PRODUCTS
MATERIALS
A.
B.
Manufacturers:
1.
2.
Sikatop, by Sika Corporation.
Ðuratop, by L&M Construction Chemicals.
Polymer modified cementitious system consisting of 2 components.
1.
2.
Component A: Liquid polymer emulsion of acrylic copolymer base and additives.
Component B: Blend of selected Portland cements, specially graded aggregates, organic accelerator,
and admixtures for controlling setting time, water reducers for workability, and corrosion inhibitor.
System shall not. contain cWorides, nitrates, added gypsum, added lime or high alumina cements.
System shall be noncombustible, before or after cure.
Color: Concrete gray.
Minimum Compressive Strenglh: 5,000 psi.
Bond Strenglh: 100% concrete substrate failure (pull off method), minimum 400 psi.
System shall not produce vapor barrier, shall be Ihermally compatible willi concrete, and freeze-thaw
resistant.
3.
4.
5.
6.
7.
3.01
PART 3 EXECUTION
PREPARATION
A.
3.02
A.
Prepare surface in accordance with manufacturds written recommendations and Section 03300.
APPLICATION
Apply and cure patching mortar in accordance with manufacturer's written recommendations.
* * * END OF SECTION * * *
03605-1
OSHKOSHFI-82859
DIVISION 5
METALS
i
!
I
I
i
1
I
I
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OSHKOSHFI-82859
SECTION 05500
METAL FABRICATIONS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.
2.
3.
4.
Concrete anchors. .
Miscellaneous metal fabrications.
Grating support angles and framing.
Pond outlet structure and cast-in-place junction chamber steps.
B.
Measurement and Payment: .
1.
Work specified in this section shall be considered incidental and costincludedin appropriate lump sum
bid prices specified in Bid Form.
1.02
DEFINillONS
A.
Submerged: At or below point 1 ft 6 in. above peak (maximum) water surface elevations in water holding
structures.
1.03
SUBMITTALS
A.
Shop Drawings:
1.
2.
Indicate materials, sizes, connections. anchors, and painting.
One reproducible and one prifit.
B.
Product Data:
1.
Manufacturer's catalog sheets on premanufactured itelÍÍS.
C.
Submit in accordance with Section 01330.
1.04
QUALITY ASSURANCE
A.
Welding:
1.
Steel:
a.
Conform to codes for arc and gas welding in building constructiofi. of A WS and to AISC
Specifications. Surfaces to be welded shall be free from loose scale, rust, grease, paint. and
other foreign material,. except mill scale which will withstand vigorous wire brushing may
remain. No welding shall be done when base metal lower than OaF.
Qualify welding operators in accordance with AWS D1.1. Quálification tests shall be run by
recognized testing laboratory approved by ENGINEER at CONTRACTOR'S expense.
Qualification by State of Wisconsin DWD, acceptable.
Welding operators shall be subject to examination for requalification using equipment, materials,
and electrodes employed in execution of Work. Such requalification, if ordered by ENGINEER,
shall be done at CONTRACTOR'S expense.
b.
c.
05500-1
OSHKOSHFI-82859
1.05
A.
2.
Aluminum:
a.
Weld with gas metal arc (GMA) or gas tungsten arc (GTA) processes in accordance with
manufacturer's recommendations as approved and in accordance with recommendations of A WS.
DELIVERY, STORAGE, AND HANDLING
Tag miscelIaneous iron, steel and aluminum including anchor bolts, concrete anchors, sleeves, and bases or
otherwise mark for ease of identification at Project site.
PART 2 PRODUCTS
2.01 MATERIALS
A. Confonn to folIowing.
2.02
A.
1.
2.
3.
4.
Steel Shapes and Plates: . ASTM A36.
Square and Rectangular HolIow Structural Sections: ASTM ASoo, Grade B.
Round Structural Tubing and Steel Pipe: ASTM AS3, Type E or S, Grade K
Stainless Steel:
a.
b.
c.
d.
Exterior and Submerged Uses: AISI, Type 316.
Industrial Uses: AISI, Type 316.
Interior and Architectural Uses: AISI, Type 304.
Cast-in-PlaceAnchor Bolts: AISI, Type 302, 303 or 304.
5.
Aluminum Structural Shapes and Plates: AlIoy 6061- T6 or 6063- T6; confonn to referenced
specifications and ASTM sections found in AA current construction manual series.
Connection Bolts for Steel Members: ASTM A325.
Anchor Bolts: 1/2 in. minimum dia; nonsubmerged - ASTM A307 or ASTM A1554 Grade 36,
galvanized; submerged - stainless steel.
Connection Bolts for Wood Members: ASTM A307, galvanized.
Connection Bolts for Aluminum: Stainless steel.
Cast Iron: ASTM A48, Class 35B.
6.
7.
8.
9.
10.
11.
12.
Cast Aluminum: ASTM B85, Grade 23-13-1.5.
Cast Ductile Iron: ASTM A536, Grade 65-45-12.
F ABRICA nON
Connections and Workmanship:
1.
Fabricate details and connection assemblies in accordance with Drawings and Specifications, with
projecting corners clipped and filIer pieces welded flush.
Weld shop connections and bolt or weld field connections, unless otherwise noted or specified.
Provide clips, lugs, brackets, straps, plates, bolts; nuts, washers, and similar items, as required for
fabrication and erection. .
Use connections of type and design required by forces to be resisted and to provide secure fastening.
2.
3.
4.
a.
AISC standard 2-angle web connections or single plate framing connections capable of
supporting minimum of50% total unifonn load capacity of members joined as tabulated in
unifonn load constants of AISC MOI6.
Connections shall consist of minimum of two 3/4 in. dia bolts or welds developing minimum of
10,000 lbs.
b.
05500-2
OSHKOSHFI-82859
2.03
c.
Make bearing type bolted connections with minimum 3/4 in. dia bolts with threads included in
shear plane, unless detailed otherwise.
5.
Welding:
a.
Grind exposed edges of welds to 1/8 in. minimum radius. Grind burrs, jagged edges, and surface
defects smooth.
Prepare welds and adjacent areas so there is:
b.
1)
2)
3)
No undercutting or reverse ridges on weld bead.
No weld spatter on or adjacent to weld or other area to be painted or coated.
No sharp peaks or ridges along weld bead.
c.
Grind embedded pieces of electrode or Wire flush with adjacent surface of\VelQ bead.
6.
Bolting:
a.
Draw up bolts or nuts tight in accordance with AISC specifications. Use bolts of lengths
required so bolts do not project more than 1/4 in. beyond face of nut. Do not use washers unless
specified. Provide hexagonal head bolts with hexagonal nuts.
Provide holes required for connection of adjacent or adjoining Work wherever noted on
Drawings. Locate holes for bolting equipment to supports to tolerance of :!:1/16 in. of
dimensions indicated.
b.
B.
Fit Work together in fabrication shop and deliver complete or in parts, ready to be set in-place or assembled in
field. .
C.
Galvanizing:
L
2.
3.
4.
Galvanize after fabrication.
Galvanize by hot-dip process confonIÚng with ASTM Al23 and AHDGA specifications.
Galvanize in plant having facilities to produce quality coatings and capacity for volume of Work.
Ship and handle in manner to avoid damage to zinc coating.
D.
Castings shall be of unifonn quality, free from blowholes, porosity, hard spots, shrinkage distortion, smooth,
and well cleaned by shot blastings.
CONCRETE ANCHO1ÚNG
A.
Adhesive Anchors:
1.
MâílUfacturers:
a.
b.
c.
d.
Anchor-It Fastening System by Adhesive Technology Corporation.
Power-Fast Epoxy Injection Gel System by Powers Rawl.
EPCON Injection System by ITW RamsetlRed Head.
Kelipoxy n by Kelken-Gold, Inc.
Sure-Anchor (150) by Dayton Superior.
Epoxy-Tie by Simpson Strong-Tie.
Five Star Epoxy Anchor Grout by Five Star Products, Inc.
Set Epoxy by Simpson Strong-Tie.
Acrylic-Tie by Simpson Strong-Tie.
e.
f.
g.
h.
i.
2.
Epoxy adhesive with Type 316 stainless steel stud or anchor rod assembly, nuts, and washers.
05500-3
OSHKOSHFI-82859
3.
2.04
2.05
Usage:
a.
In concrete, submerged.
GRATING SUPPORT ANGLES AND FRAMING
A.
Provide galvanized steel support angles embedded in concrete. Angles shall be 1/4 in. thick, inside depth of
support angle shall equal depth of bearing bar, inside length of support angle leg shall equal depth of grating,
but not less than 1-1/4 in. Provide 1 in. by 1/4 in. by 8 in. long bent anchor bars or 3/8 in. dia by 6 in. headed
anchor studs welded to backs of angles at 18 in. O.c.
MANHOLE STEPS
A.
Manufacturers:
1.
Aluminum:
a.
b.
Neenah, R-1982-W.
Campbell.
B.
Provide aluminum forcast-in-p1ace manholes, and where shown. Separate dissimilar metals.
'I
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3.01
PART 3 EXECUTION
INST ALLA nON
3.02
A.
Layout and install connectors such as concrete anchors and anchor bolts to secure metal fabrications to
slructure.
B.
Erect to lines and levels, plumb and lrue, and in correCt relation to adjoining Work. Secure parts using
concealed connections when practicable.
c.
Plumb and true vertical members to tolerance of 1:1/8 in. in 10 ft. Level horizontal members to tolerance of
Ð/8 in. in 10 ft.
D.
Provide items such as bolts, shims, blocks, nuts, washers, and wedging ~ieces io complete installation.
E.
Perform cutting. drilling. and fitting required for installation of metal fabrications.
F.
Field welds shall be approved by ENGINEER before coating. Clean slag from welds prior to inspection.
ADJUSTING AND CLEANING
A.
Field repair of damaged galVanized coatings.
1.
2.
3.
Repair galvanized surfaces damaged during shipping or erectionlconslruction operations.
Repair surfaces using zinc-rich paint.
Prepare surfaces and apply in accordance with ASTM A 780, Annex A2.
* * * END OF SECTION * * * '
05500-4
OSHKOSHFI~82859
SECTION 05532
METAL BAR GRATING
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1.02
1.03
1.04
1.
Requirements for furnishing and installation metal grating for pond outlet structure.
B.
Measurement and Payment:
1.
Work specified in this section shall be included in appropriate lump sum price as specified in Bid Form.
SUBMITTALS
A.
Shop Drawings:
1.
Grating layout, unit dimensions and sections, fastener and weld types, and locations.
B.
Product Data:
1.
Manufacturer's literature.
C.
Submit in accordance with Section 01330.
QUALITY ASSURANCE
A.
Grating shall be end products of one manufacturer to achieve standardization for appearance and replacement.
DELIVERY, STORAGE, AND HANDLING
A.
Store to avoid.damage.
B.
Replace damaged or deteriorated materials and remove from site.
2.01
PART 2 PRODUCTS
GENERAL
A.
Provide shop-fabricated grating in accordance with latest edition of Metal Bar Grating Manual.
B.
Unless otherwise noted, grating shall be galvanized steel.
C.
Provide accessories such as frames, support angles, and fasteners to complete Work.
D.
Provide fastening devices for gratings to firmly anchor grating to supports. Minimum of 4 per panel.
E.
Devices to fasten sections of grating shall allow for repeated removal of grating.
F.
Fasteners for anchoring grating shall be saddle clip type, "G" clip type, or grating clamp type with minimum
1/4 in. bolts and nuts or self-tapping screws. Fasteners shall be stainless steel.
05532-1
OSHKOSHFI-82859
2.02
G.
Provide trim banding or load carrying banding on edges and cutouts. Bearing bar ends not resting on support
shall have load carrying banding sized to span opening. Minimum banding thickness shall match bearing bars.
Banding shall be flush with top of grating. Banding depth shall be 1/4 in. less than depth of bearing bar.
Weld banding to grating in accordance with NAAMM requirements.
" ;
1
H.
Cross bars shall not project more than 1/8 in. past bearing bars on panel edges.
I.
Panels shall have minimum bearing equal to depth of bearing bar, but not less than 1 in., including removable
panels after being offset between support angles or other restraints.
J.
Minimum width of individual grating panels shall be 15 in., except for locations requiring single piece and for
designated removable sections. Maximum width shall be 4 ft 0 in.
K.
Grating supports shall conform to Section 05500.
STEEL GRATING
A.
Manufacturers:
1.
2.
IKG/Borden, TypeW/F.
Klemp Grating, Type19-W-2.
t
~
}
i
B.
Materials:
1.
2.
3.
4.
Welded grating.
Grating bearing bars shall be at 1-3/16 in. centers with cross- bars at 2 in.
Bearing bar size shall be 1-1/2 x 1/8 (in.).
Galvanize grating after fabrication.
'~
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3.01
PART 3 EXECUTION
EXAMINATION
3.02
A.
B.
A.
Examine surfaces to receive grating and notify ENGINEER of deficiencies resulting in improper installation.
INST ALLA nON
]
,i
Install in accordance with approved submittals and manufacturer's written instructions:
Maximum Clearances:
1.
2.
3.
1/4 in. from vertical metal sections.
1/2 in. from concrete walls.
1/4 in. between sections and at ends.
* * * END OF SECTION * * *
05532-2
OSHKOSHFI-82859
APPENDIX
OSHKOSHFI-82859
APPENDIX
1.
CHANGE ORDER FORM............................................................................", CO-l
2.
SPECIAL PERFORMANCE GUARANTEE AND SURETY BOND ............ SPG-l to SPG-4
3.
CONTRACT CLARIFICATIONIINTERPRET A nON REQUEST ............... CR-l
4.
TRANSMITTAUROUTING OF CONTRACTOR'S SUBMITTAL.............. TR-l to TR-2
5.
NONDISCRIMINATION .NOTICE................................................................. NDN-l
6.
GENERAL METHODS OF IMPLEMENT A TING OF EROSION
CONTROL MEASURES ................................................................................. ECM-l
7.
EROSION CONTROL PLAN (with pages listed in Table of Contents
of Erosion Control Plan)........................................................................"".""" ECP-l
8.
STORM WATER DISCHARGE GENERAL PERMIT .................................. DNRSW-l toDNRSW-2
9.
DEPARTMENT OF ARMY, CORPS OF ENGINEERS PERMIT
10. WISCONSIN DEPARTMENT OF NATURAL RESOURCES PERMIT
11. TRANS 207 PERMIT
12. CITY OF OSHKOSH CONFINED SPACE ENTRY POLICY....................... CSP-l to CSP-ll
13. FORCE MAIN SYSTEM PLAN...................................................................... PM-I
14. SUPPLEMENTAL DETAILS
WIS DOC S.D.D. 8 F 10-1 CONCRETE MASONRY ENDWALLS
FOR CULVERT PIPE AND PIPE ARCH ....................................................... WDOT-l
15. DESIGNATED TRUCK ROUTES MAP FOR THE CITY OF OSHKOSH... TRM-l
OSHKOSHFI -82859
CHANGE ORDER NO.
Owner
Date
Project
Owner's Contract No.
D,ate of Contract Start
Contractor
$
You are directed to make the following changes in the Còntract Documents. Description:
Reason for Change Order:
CONTRACT PRICE
CONTRACT TIMES (Calendar Days)
To substantial To final
completion completion
Original:
Previous C.O.s (ADDIDEDUCT):
This C.O. (ADDIDEDUCT):
Contract Price with all
approved Change Orders:
$
$
$
Original Completion Date:
Previous C.O.s (ADDIDEDUCT):
This C.O. (ADDIDEDUCT):
REVISED:
$
Revised Completion Date:
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including
all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar
compensation as a result of this Change Order.
THIS DOCUMENT SHAlL BECOME AN AMENDMENT TO THE CONTRACT AND AlL
STIPULA TrONS AND COVENANTS OF THE CONTRACT. SHAll.. APPLY HERETO.
RECOMMENDED:
By:
ENGINEER (Authorized Signature)
Date
ACCEPTED:
By:
OWNER (Authorized Signature)
Date
ACCEPTED:
By:
CONTRACTOR (Authorized Signature)
Date
Earth Tech, Inc.
I
Change
Order No.
Project
Number
CO2-1
OSHKOSHFI-82859
SPECIAL PERFORMANCE GUARANTEE
1.
DEFINITIONS
For purposes of this guarantee, the following definitions shall apply:
A. Project
B. Guarantor
C. Owner
D. Engineer
E. . EQuipment
2.
GRANT OF GUARANTEE
, i
. I
In consideration of Owner's acceptance of the Equipment as a substitute for the equipment specified in
paragraph of Specification Section , Guarantor hereby
grants to Owner, for a period of - years commencing on the date of Substantial Completion of an
unconditional Guarantee that the Equipment shall perform as required under Specification Section - for
the Project.
3.
GUARANTOR'S OBLIGATIONS UPON EQUIPMENT FAILURE
In the event that, during the Guarantee period, the Equipment fails to perform as required above, Guarantor
shall, upon reasonable notice, promptly make all reasonable attempts to repair/modify the Equipment. If, after
reasonable opportunity to cure, it is finally determined that the Equipment cannot be repaired/modified such that
it will perform as required above, and that such failure to perform is not attributable to improper maintenance or
misuse, Guarantor shall, promptly after such final determination, remove the Equipment and install equipment
that will perform as required, all at no cost to Owner or Engineer.
As security for Guarantor's performance under this paragraph, Guarantor hereby binds itself to pay promptly to
Owner, in the event of Guarantor's failure to perform, the penal sum of Dollars ($ ~
being 200% of the installed cost of the Equipment. which Guarantor acknowledges is a reasonable estimate of
the damages which Owner will incur if the Equipment fails during the guarantee period. In addition, at Owner's
request, Guarantor also agrees to secure its obligations hereunder by providing Owner with a Surety Bond in the
penal sum of Dollars ($ ~ in a format and from an entity acceptable to Owner.
4.
FINAL DETERMINATION OF EQUIPMENT FAILURE
All final determinations of equipment failure required under paragraph 2 above shall be made by Engineer.
Guarantor shall be notified as promptly as possible of any perfonnance problems with the Equipment during the
Guarantee period. Consistent with operating needs of the Project, Guarantor shall be afforded reasonable
opportunity to repair/modify the Equipment in place, provided that Guarantor compensates Owner for any
losses resulting from faulty performance of the Equipment during such repair period. If such repairs are
unsuccessful, Engineer shall issue a written determination of equipment failure citing evidence of failure, a copy
of which shall be provided to Guarantor.
SPG-l
OSHKOSHFI-82859
5.
OWNER'S RIGHT TO PERFORM
If Guarantor fails, within a reasonable time as determined by Engineer, to repair or replace the Equipment as
required above, Owner may have the Equipment removed and replaced at Guarantor's expense, and Guarantor
agrees, to the extent of the penal sum provided above, to promptly reimburse Owner for all costs incurred by
Owner in so removing and replacing Equipment.
6.
MODIFICATIONS OF CONTRACT PROVISIONS
If any guarantees relating to the Equipment contained in other Contract Documents for the Project contain
guarantee periods of shorter duration than that of this Guarantee, such other guarantees shall be modified to
extend the duration to equal the Guarantee period granted hereunder.
SPG-2
OSHKOSHFI-82859
SURETY BOND
L
DEFINITIONS
For purposes of this Bond, the following definitions shall apply:
A Beneficiary
B. Principal
C. Surety
D. Project
E. Equipment
2. Grant of Surety
Subject to the conditions contained in this Bond, Surety hereby binds itself, its successors and assigns, to pay to
Beneficiary the penal sum of Dollars ($. ).
3.
Conditions of Payment
Surety understands and acknowledges that Principal has, on or before the date of this Bond, granted to
Beneficiary a Special Performance Guarantee on the Equipment, a copy of which is attached hereto and
incorporated by reference (Guarantee). Payment under this Bond shall be conditioned upon receipt by Principal
of a written determination of failure under the Guarantee and failure by Principal, within a reasonable length of
time, to (I) repair or replace the Equipment or (ii) reimburse Beneficiary as required under paragraph 5 of the
Guarantee.
4.
Duration
This Surety Bond shall remain in effect for a period of
Completion of
years commencing with the date of Substantial
5.
Relationship of Other Project Documents
Except for any change which terminates or materially alters Principal's obligation to provide the Equipment to
Beneficiary, no changes to any other documents relating to the Project shall have any effect on Surety's
obligation under this Bond.
SPG-3
OSHKOSHFI-82859
IN WITNESS WHEREOF, this Surety Bond is executed this - day of
(Principal)
By:
Its:
(Surety)
By:
Its:
Accepted this - day of
,2O_.
(Beneficiary)
By:
Its:
SPG-4
,20_-
OSHKOSHFI-82859
@ EarthTech
A T)"..o!htemationál Ud. Com )211Y
Contract Clarification/
Interpretation Request
Project: Date:
Contractor: Clarification Request No.:
Contract: Re: Specification SectionlDrawing No.:
AUn:
This is a request for a clarification/interpretation on the following:
.
Prepared By: Date Response Needed:
Response:
.
Response Prepared By:
Response Returned to Contractor On:
.
cc: Owner
CR-l
OSHKOSHFI-82859
@ EarthTech
Ä rye; Im.,nat"'13lltd. CÐR1P3"Y
TRANSMITTAUROUTING - CONTRACTOR'S SUBMITTAL
TO:
URGENCY: EXTREME, NORMAL
ATIN:
PROJECT:
DATE:
SPEC SECTION:
DRAWING NO.:
CONTRACTOR:
CONTRACT:
TRANSMITTAL NO.:
PARA. & SUBPARA.:
SUBMITTAL NO.:
COPIES
DATE
I
DESCRIPTION
NO,
THESE ARE TRANSMITTED as checked below:
0 For approval 0 As requested
0 For your use
REMARKS:
£1
The information included with this submittal has been reviewed by the undersigned, before submitting to ENGINEER,
for compliance with paragraph 6. 17.D.3 of the General Conditions.
0
Identified in this submittal in accordance with Paragraph 6.17 .D.3 of the General Conditions are (circle none or indicate
the number) (none) <----) variations from the Contract Documents and are indicated on the following pages:
0
Contract ClarificationlInterpretation forms were submitted and response received _Yes _No (If Yes, attach each
form to this transmittal).
Contractor's Reviewer's Typed Name and Signature:
Date:
Earth Tech, Inc. PROJECT NO.:
TO:
L
2.
3.
4.
5.
6.
7. RETURN TO:
COMMENTS ON BACK:
DISCIPLINE
INITIAL
DATE
REC'D
DATE
FWD
STATUS
ASSIGNED
BY:
TR-l
OSHKOSHFI-82859
COMMENTS:
REVIEWERS SHALL:
1) INITIAL THEIR COMMENTS
2) ATTACH COPIES OF PHONE CONVERSATIONS
3) INDICATE ATTACHMENTS
4) INDICATE REVIEW STATUS
"~
~
J
TR-2
OSHKOSHFI-82859
NOTICE
\
!
In connection with the performance of work on this
project under a contract involving funds of the State of
Wisconsin Department of Natural Resources, the Contractor
has agreed not to discriminate against any employee or
applicant for employment because of age, race, religion,
color, handicap, sex, physical condition, national origin or
developmental disability as defined in S.51.01 (5),
Wisconsin Statutes. The Contractor has also agreed to take
affirmative action to ensure equal employment
opportunities. These provisions apply to, but are not limited
to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation;
and selection for training, including apprenticeship.
Contrqctor's Signature
, ,
Date
NDN-l
OSHKOSHFI -82859
GENERAL METHODS OF IMPLEMENTA TING
EROSION CONTROL METHODS
L
Contractors shall obtain the Wisconsin Construction Site Best Management Practice Handbook.
2.
All erosion and sediment control measures shall be constructed and maintained in accordance with the Wisconsin
Construction Site Best Management Practice Handbook.
3.
All sediment control measures shall be adjusted to meet field conditions at the time of construction and installed
prior to any grading or disturbance of ex1sting surface material.
4.
Periodic inspection and maintenance of all sediment control structures shall be provided to ensure intended purpose
is accomplished. Sediment control measures are to be in working condition at the end of each working day.
5.
After any significant rainfall, sediment control structures shall be inspected for integrity. Any damaged structures
shall be corrected for integrity.
6.
Sediment control measures shall not be removed until the areas served have established vegetative cover.
7.
Gravel mats shall be installed at all construction Site exits to prevent tracking of soil.
8.
Tracked soil shall be collected from paved roads located near the construction Site.
9.
All trench water shall be discharged into a settling basin or filtering device prior to release into stonn sewers or
stream.
10. Stonn sewer collection basins shall be protected from runoff by enclosing collection basins with straw bale or fabric
filter fencing.
11. Overland flow shall be prevented from leaving the work She by installing straw bale or fabric filter fencing parallel
to the contours located downhill from the work area.
12. Sediment control for pipeline construction.
a. Excavated trench material shall be placed on the high side of the trench.
b. Immediately following pipe installation, the trench shall be backfilled, compacted and stabilized at the end of
the working day.
ECM-l
OSHKOSHFI-82859
. Erosion Control Plan
May 2005
Prepared for:
Anchorage. Basin Drainage Improvements
City of Oshkosh, Wisconsin
Prepared by:
Terry R. Johnson, P.E.
Earth Tech, Inc.
4135 Technology Parkway
Sheboygan, WI 53083
Project No. 82859
ECP-l
TABLE OF CONTENTS
PaQe
N AR RA TIVE "...., ,..",..,..', ,......,.., ,.."..",...." ,.."......", ,.., ..,..".."..,......,......"... ,.."...."....", 1
PROJECT DESCRIPTION ,........... ..... ......... ...:.. """"'" ........ .....,....,.. .................. 1
lOCATION ........,....................,..................,..........,..........................."................. 1
SITE DESCRI PTION ........ ....... ...... ..... ...... ................................ ......... ,...... """"'" 1
EXISTING NEIGHBORING LAND USES ............................................................ 1
SOilS............ .... ...., .,..,..,.. ....,.. ". .",.. ....".. ....,.",.. .,.... .....,...., .., ...",....,....,. ... ... ..." 1
EROSION CONTROL ...............,..,....".....,...,.,......................................,............. 1
PLANNED EROSION AND SEDIMENT CONTROL PRACTICES,................................. 2
CONSTR UCTION SEa U E N CI NG . ,.." ..,.... ...... ,....""..".. ,....,..,..,....,...."......, .........,....".. 3
MAl NTENANCE PLAN ,........,....", ,......, ,..""..", ..,..,..........",.." ,.."..".... ....,., ..."..""........ 4
MAP A - LOCALITY MAP ..,....,..,~......,..,................,......,............,..,....,.......,................,... 5
APPENDIX ITEMS
A,
B,
C,
D,
E,
F,
Filter Fabric (Silt Fence)
Sediment Trap (Stone Check Dam)
General Erosion Control and Storm Water Management Plan Checklist
Notice of Intent
Construction Site Inspection Report
Notice of Termination
NARRATIVE
. PROJECT DESCRIPTION
This project will entail the construction of 4,000 feet of drainage channel, one
sedimentation/detention pond and various storm sewer and culvert segments in the City
of Oshkosh, Wisconsin. Construction activities will include grading, pipe installation and
restoration. .
Approximately 8 acres of land will be disturbed during construction of the drainage
improvements.
LOCATION
The site is located in Sections 12 and 13, Township 18 North, Range 16 East,
Winnebago County, Wisconsin. The drainage channel is located along an abandoned
railroad right-of-way from W. Custer Avenue to Libbey Avenue. The
sedimentation/detention pond is located on Murdock Avenue between Kentucky Street
and Central Street (refer to Map A),
SITE DESCRIPTION
Existing site elevations (Mean Sea level Datum) vary from 744 to 762, Existing slopes
along this area range from 0.5 to 10 percent.
The construction includes the addition and replacement of culverts along the Libbey
Channel. A DNR waterway permit is being obtained, The entire construction site drains
to the Libbey Channel which drains north and east to lake Winnebago.
EXISTING NEIGHBORING LAND USES
The existing neighboring land use is residential, commercial and industrial.
SOILS
Soils along the project site have been classified as predominantly Kewaunee silt loam,
Udorthents and Manawa silty clay loam according to the Winnebago County Soil Survey.
EROSION CONTROL
Erosion sediment traps (stone check dams) and silt fence will be used along the channel
route (as shown on construction plans) for erosion control. Erosion mat is also being
used on steep slopes disturbed during construction. Silt fence will be used around the
sedimentation/detention pond where disturbed soil is upstream of adjacent property.
Tracking pads will be provided at construction vehicle access locations.
1
PLANNED EROSION AND SEDIMENT CONTROL PRACTICES
1.
Stone check dams will be installed to act as sediment traps along the proposed
channel.
2.
Filter fabric siltation fence will be installed down gradient of the disturbed areas,
3.
Construction sequencing will allow channel to stabilize with vegetation prior to
connection to upstream storm sewers.
4.
A turbidity barrier will be installed downstream of the Bowen Street culvert
installation and a bypass channel will be maintained during the installation.
5.
Dust which may be generated from the exposed subgrade is not anticipated to be
a major problem, Should excessive dust be generated, it will be controlled by
sprinkling with water.
2
, ì
r
.,
ót
CONSTRUCTION SEQUENCING
1.
Construct silt fence and stone check dams prior to topsoil removal from the
channel alignment.
2,
Construct silt fence prior to topsoil removal at the sedimentation/detention site.
3.
Construct tracking pads at points of access.
4.
Excavate and restore channel prior to connection of storm sewer discharges,
5,
Install turbidity barrier prior to construction of Bowen Street culverts.
6,
Seed, mulch, and fertilize disturbed areas as soon as,construction activities have
been completed,
7,
Construct Murdock Avenue culverts and connect storm sewer discharges to
channel after channel slopes have stabilized with vegetation,
8,
Remove'stone check dams, silt fences and turbidity barrier,
3
MAINTENANCE PLAN
1.
All erosion and sediment control practices will be inspected for stability and
effectiveness of operation at least once every week and within 24 hours of a
rainfall event of 0.5 inches or greater. Any needed repairs will be made
immediately to maintain the practices as designed,
2.
Sediment will be removed from behind the silt fences and. stone check dams
when it becomes onø-half the height of the fence or dams. The fences and dams
will be repaired as necessary to maintain an effective erosion and sediment
control practices.
3.
Clumps of dirt will be removed from the surface of the existing roadway, on a
daily basis, during periods of wet weather.
4.
AII.seeded areas will be fertilized and mulched, and reseeded as necessary to
maintain a vigorous, dense yegetative cover, Erosion mat will be used on all
steep slopes along the channel.
L: \ wo rk\82 859\AD M I MRE PORT S\osh erosedcpMa yO5. doc
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APPENDIX A
FILTER FABRIC
(SILT FENCE)
I
¡
,
. ;
April 1989
Chapter 3
C. 1. Filter Fabric Barrier1
Definition
A temporary sediment barrier used in areas of concentrated flow
consisting of a filter fabric stretched across and attached to
supporting posts and a wire fence and entrenched.
1.
1.
2.
1.
2.
3.
4.
Purpose
To cause sediment carried in channelized or concentrated
runoff to settle by r:educing the'velocitY:9f'the flow.
Conditions Where Practice Anplies'
In unstabiliied minor swales, ditches or' diversions where'
~hei maximum contributing 'area is no greater than"2 acres.
. ' . '
Filter fabric barriers may not be Used in intermittent and
perennial stream channels. . "
, Planning Considerations
A filter fabric barrier does not require an engineering
analysis. '
Under normal .conditions, filter fabric barriers require'
removal of trapped sediment. If maintenance is difficult
due to location or presence of wet soils that prohibit
prompt cleaning after runoff events, additional parallel
barriers should be constructed. '
Filter fabrics degrade due to ultraviolet light. Consult
the manufacturer's specifications for useful lifetime.
Woven and non-woven filter fabrics are 'available.
strength, permeability and suitability for various soil
textures vary with the type. of fabric.
1 Derived from Virginia Erosion and Sediment Control Handbook;
Wisconsin Department of Transportation'specifications for filter
fabrics; and DNR field observations.
C.1.1
Chapter 3
1.
2.
3.
4.
5.
6.
7.
8.
April 1989
..
Desiqn criteria and Requirements
Installation -
Filter fabric barriers shall be installed:
a.
prior to disturbing upslope areas or
b.
within 24 hours of constructing ditches,
diversions or other channels.
Removal - Filter fabric barriers shall remain in-place and
be maintained until disturbed upslope areas and channels,
ditches and diversions are stabilized by permanent best
management practices. .
Sha~e -The elevation of the barrier at the top of the
filter fabric at the thread. or invert location in the
channel shall be lower than.th~:botto. elevation of the
ends of the barrier as illustrâted in Figure 1.: .
Heiqht.- Filter fabric barriers shall be at least 18
inches and may not be more than 36 inches in height.
SUDDort - The ful1 height of the filter fabric'barrier
shall be supported by 5 foot long, 4 inch diameter posts or
equivalent and a wire fence 42 inches in height. The posts
shall be driven at least 12 inches into the ground. The
maximum spacing of the posts shall be 10 feet. Thewire
fence shall be a minimum of 14 gauge and a maximum mesh.
spacing of 6 inches. .
. )
Attaching - The filter fabric and wire mesh shall be
stapled or wired to the upslope side of the wire mesh with
heavy duty ~taples at least 1 inch long, wire. ties or hog
rings.
Entrenching - The filter fabric shall be anchored by
spreading 8 inches of the fabric in a4" x 4" trench on the
upslope side of the barrier as shown in Figure 2. The wire
mesh shall entend at least 2 inches into the trench. The
trench shall be backfilled and compacted.
Fabric Specifications - The filter fabric shall meet the
following specifications:
a.
Grab strength: 100 lb. minimum in any pri~cipal
direction (ASTM D1682)
C.l.2
!.
:'
2.
Chapter 3
April 1989
b.
Mullen Burst: Minimum 200 psi (ASTM 0-3786)
c.
Equivalent opening size:
between 50 and 140 for soils with more than
15 percent by weight passing a No. 200 sieve
d.
between 20 and 50 for soils with less than
15 percent by weight passing a No. 200 sieve
Water Flow Rate of 10 gal/min/ft2at 50MM
cons~an~ ~ead.as de~Îrmined bY~~ltiplying
perm1tt1v1ty 1n sec as determ1ned by ASTM
0-4491 by a conversion factor of 74:
Ultra violet radiation stability of 90%."
.'
e.
9.
Fabric with support netting shall be" reinforced: "" ..
with an industrial polypropylene netting with a'
3/4 inch spacing or equivalent~. A heavy duty"
nylon top support cord or equivalent fsrequired.
Soacinq - The spacing between fences shall be determined"
based on the drainage area and the difference in
elevation. For unpaved contributing areas, the
contributing drainage area to each filter fabric barrier
may not exceed 2 acres. For paved contributing areas, the
contributing drainage area to each filter fabric barrier
may not exceed 1 acre. The difference in elevation between
barriers may not exceed 2/~rds the height of the filter
fabric. [FQr example, a 3 foot barrier used on a.2% grade
with an unpaved contributing area allows the barriers to be
placed 100 feet apart provided the contributing area"
between the barriers does not exceed 2 acres.]
f.
Maintenance
1.
Fabric filter barriers shall be inspected within 24 hours
after each rainfall or daily during periods of prolonged
rainfall. Repair or replacement shall be made immediately.
Sediment deposits should be removed after each storm
event. Sediment deposits shall be removed when deposits
reach 0.5 the height of the barrier.
C.l.3
Chapter 3
April 1989
Figure 1.
)
Elevation
Flow
+
Plan
Source: Adapted from Installation of Straw and Fabric
Filter Barriers for Sediment Control. Sherwood
Ind WYlnt
)
C.1.4
1.
Set posts and excavate a
trench upslope along the
of posts.
4"x4"
line
Figure
2.
2,
Staple wire
the posts.
fenci ng to
-
-;::-:-: ~--
--'0
-- -::
- _0
4"
-.
3.
Attach-the filter fabric to
the wire fence and extend it
into the, trench.
;'/
4.
Baèkfl11.and compact thè
excavated soil.
Source:
Extensio~~f fabric and
wire into the trench.
pow
">
CONSTRUCTION OF A SILT FENCE
Adapted from Installation of
Filter Barriers for Sediment
and Wyant
Straw and Fabric
Control. Sherwood
APPENDIX 8
SEDIMENT TRAP
(STONE CHECK DAM)
Chapter 3
April 1989
C. 3.
Sediment Trapl
Definition
A.small temporary basin designed and constructed to control
sediment.
pUrpose
To detain sediment-laden runoff from disturbed areas for
sufficient time to allow the majority of the sediment to settle
out.
Conditions Where Practice Annlies
For drainage areas less than 5 acres. The useful life of the
basin is 18 months or less. Permanent basins require additional
features.
2.
Planninq Considerations
1.
Sediment traps may come under the definition of dams and be
subject to the provisions of Ch. NR 333, Wisconsin
Administrative Code, Dam Design and Construction
Standards. As of August 1988, Chapter NR 333 did not apply
to dams having a structural height of 6 feet or less, or a
storage capacity of 15 acre-.feet or less. Also, Chapter NR
333 did not apply to dams having a structural height of
more than 6 feet but less than 25 feet and and a maximum
storage capacity of less than 50 acre-feet of water.
Basins may not be located where failure will result in loss
of life.
Sediment traps meeting these design requirements are at
best only 70 to 80% effective in trapping sediment.
Smaller sediment particles such as clay-sized particles
will not be effectively controlled. Other best management
practices such as vegetative cover installed in the
drainage area are generally a more effective means of
controlling the smaller particle sizes than enlarging the
sediment basin's area by a factor of 3 to 5.
1 Derived from Erosion.& ~ed~m7nt CoJ?trol Handbook by Goldman,
Jackson and Bursztynsky, V1rg1n1a Sed1ment and Erosion Control
Handbook and North Carolina Erosion and Sediment Control'
Planning' and Design Manual.
C.3.1
5.
Chapter 3
April 1989
)
Design Criteria and Requirements
1.
CaDacity - The sediment trap shall have suffienct area and
depth to adequately control sediment.
a.
Surface area - The minimum surface area of the runoff
storage volume shall be:
As (ft2) = 625 x Adr
where As= surface area of runoff storage volume
Adr =
drainage area to the basin in acres
b.
Depth - The depth of the trap from the outlet shall
be at least 2 feet to minimize resuspension of
sediment.
2.
Shape - The trap shall have a length to width ratio of at
least 2:1.
3.
Side SIODeS - Side slopes may not be steeper than 2
horizontal to 1 vertical.
4.
Outlet - The outlet for the sediment trap shall be designed
to be stable for the design velocities, and consist of a
crushed stone section located at the low point in the basin
as Sh. own. in Figure 1. The average stone size (dso> shall
be9 inches with a maximum of 14 inches. A 1 foo~ thick
layer of 1 to 2 inch fine aggregate shall be placed over
the coarse aggregate on the upstream side of the outlet.
To prevent piping of soil beneath the outlet, the aggregate
shall be placed on a filter fabric as shown in Figure 1.
It is reconunendedthat -a geotextile fabric shall be placed
between the fine and coarse aggregate.
)
Weir Lenqth-
follows:
The length of the outlet shall be as
Drainage Area (acres)
Minimum Weir Length (ft.)
1
2
3
4
5
4.0
6.0
8.0
10.0
12.0
The crest of the outlet shall be at least 1 foot below the
top-of the embankment.
C.3.2
Chapter 3
April 1989
6.
Fabric SDecifications - The filter fabric shall meet the
following specifications~
a.
Grab strength: 100 lb. minimum in any principal
direction (ASTM D1682)
Mullen Burst: Minimum 200 psi (ASTM D-3786)
b.
c.
Equivalent opening size:
between 50 and 140 for soils with.. more than
15 percent by weight passing a No. 200 sieve
d.
between 20 and 50 for soils with less than
15 percent by weight passing a No. 200 sieve
Water Flow Rate of 10 gal/min/ft2 at 50MM
constant head as de~~rmined by multiplying
permittivity in sec as determined by ASTM
D-4491 by a conversion factor of 74:
Ultra violet radiation stability of 90%.
e.
7.
Embankment Cross Section - The maximum height of the
sediment trap embankment shall be 5 feet. The minimum top
widths and outlet heights for various embankment heights
are:
Height of
Embankment
Height of
Outlet
Top Width of
Embankment
2.0 ft.
2.5
4.5
5.0
1.0 ft.
1.5
3.5
4.0
4.0 ft.
4.0
4.0
4.5
The original ground under the embankment shall be scarified
to a depth of 6 inches or more prior to placement of the
fill material. Fill material shall not be placed over
~rozen ground.
Maintenance
Sediment shall be removed when it reaches half of the outlet
height of the trap.
The sediment trap shall be inspected after each runoff event.
Repairs shall be made promptly.
C.3.3
Chapter 3
April 1989
Figure 1.
I
,
,
1800 cu ftl acre
1.5 ft t
5ft
Cross section
21"
min ..t
, "
~"""""".;. ,
II
'"
Emergency
by-pass
6- below
settled top
of dam
}
3ft
min
Stone section
'dapted iran North Carolina Erosion and Sediment Control
Planning and Design Manual
C.3.4
APPENDIX C
GENERAL EROSION CONTROL AND
STORM WATER MANAGEM ENT PLAN CHECKLIST
C,"
, ¡~,:
>"
, ,
,General Erosion Control arid Storm Water Management Plan
Requ'irements for Construction Sites Disturbing' Five or More Acres
(WDNR - 4/98)
Introduction: Under Wisconsin regulations (NR 216). a construction site
erosion control plan and post-development stonn water management plan
needs to be developed for, projects that disturb five or more acres of land.
Plans, need to be kept on site. followed, and be available for state agency
review on request,
The Wisconsin Construction Site Best Management Practice Handbook and
the Wisconsin Storm Water Manual are available to provide guidance for plan
,development. These can be obtained' ftom the State of Wisconsin DQcument"
Sales, 608-266-3358. For credit card orders. call 800-362-7253. ,"', . '
'.
1. Construction Site Erosion Control Plan ~imum Requiremen~
. .
, ,
. ,
180 Narrative portion or plan
.',
"
--
N/A
Item,
, Description,of site and nature of construction activities.
Intended uence of major land disturbi activities e.g., excavati
Total area of site,
, Estimate of the area to be disturbed,
, Estimate of the runoff coefficient of the site' before and after construction..
Description of existin surface and subsurface soils, ' ,
Depth to groundwater (available from the Natural Resources Conservation Service (NRCS).
USDA (formally the Soil Conservation Service ,(SCS) USDA). If a permanent infiltration
5 stem is planned, on-site testi is required, "
Name of immediate named receiving water from US Geological Service 7.5 minute series
raphical maps. '
Description of interim and permanent soD stabilization practices including a schedule for
i mentation e. ., basing of consbuction, 'cover, revegetation . "
Description of structural practices used to divert floW away from exposed soils or to limit
runoff volume from site.
Qescription of structural practices used to control erosion or trap sediment
v
lb. Site map requiremenu
V N/A Item
~ Existing buildings, roads, and 'surface waters.
V Existing and proposed topography and drainage patterns.
t.,../ Boundaries of the project site,
~ Boundaries of the disturbed area, with phasing boundaries indicated if applicable,
V-- Location of major structural erosion control and sediment trapping pra~,
~ location of temporary and permanent soil stabilization practices,
~ Location and extent of wetlands,
V Location where storm water is discharged to surface water or wetland.
(Continued on reverse side)
Ie. Erosion control and sediment trapping measures to be considered in the plan'ning process
.
.
Diversion of clean water around areas of disturbed soil.
Phasing construction activities to minimize amount of exposed soil open to erosion.
Use of mulches and temporary seedings to minimiZe amount of exposed soil open to erosion,
Permanently stabilizing areas as soon as possible following final grading.
Trapping sediment in overland flow with silt fencing, .
Trapping sediment in concentrated flow with drainage way baniers~ and sediment traps and basins.
Trapping sediment in concentrated flow before it enters drainage inlets, ' .
Stabilization of drainage ways with erosion control mats~ staked ~ and rip-rap.
Dissipation of velocity at outfalls to assure non-erosive flows,
. Minimize vehicle trackÛ1g of sojl from the site with gravel orpaveCI drives.
Clean up off-site sediment deposits. . .
Minimize of airborne dust leaving sÏfè.
PrOper disposal of construction and waste materials.
.
.
.
.
.
.
.
.
'. .
.
.
.
Note: The objective of an erosion control plan is to prevent- sediment from entering streams, lakeS, and
wetlands. If planned practices fail to meet this objective, additional practices are reqùired, . .
Id. Plan management
. Copies of the Construction Site Erosion Control Plan 'and General Stonò Water Discharge Permit
~ ~~~oo~ .,.'.
.. Erosion and sediment control practices are to be inspected weeldy~ and within 24 hours following a
raUifall of 0.5 inches or greater.
. An erosion and sediment control practice log is to ~ main~ed on site. The log shan note the time~
date and location of inspection, the phase of construction at the site; person doing the inspection,
assessment of control practices, and description of erosion and sedinient control measures or
maintenance done in response to inspecti~n.
2. Storm Water Management Plan Minimum Requiremenú
2.. Narrative portio!:, of the plaa
..
...¡ NlA Item
V Description of the management practices that .wiD be installed during construction that will
..,/ control post-development peak flow, runoff volume, .and pollutants. ..
¿/ Provisions from long tenn maintenance for any permanent structures.
.:
2b. Storm water management measures to be considered in the pJanning process
..
Reduction of impervious surfaces by avoiding oversized parking areas, nanowing road widtbs~ and
reducing roof top area through use of multi-story construction.
Maximizing infiltration through use of grassy swa1es~ dry wells, and retention storm water ponds,
Minimizing peak flow through use of pooling areas and detention storm water ponds. .
Reducing pollutants by diverting clean water~ filtering runoff, and covering storage areas,
.
.
.
2e. Plan management: A copy. of the Storm Water Management Plan shall be kept on site,
End
APPENDIX D
NOTICE OF INTENT
$140- $350 Application Fee
This Notic(:! of Intent foRn (NOI) is authorized by s. 283.37, Wis. Stats. Submittal of a completed NOI to the Department is mandatory for any
landowner who Intends to discharge storm water from a construction site to waters of the stale and who must apply for permit coverage in
accordance with 40 CFR Part 122, Chapter 283. WIS,Stats., and Chapter NR 216, Wis. Adm. Code. Failure to submit a completed NOI to the
Department at least 14 working days prior to the date on which land disturbing construction activities commence may result In forfeitures up to
$10,000 per day, pursuant to s. 283.91 (2), Wis. Stats. Personally Identifiable information on this NOI may be used for other water quality program
purposes.
Submission of this NO' constitutes notice that the landowner Identified In Section , intends to be authorized by a general WPOES permit issued for
storm water discharges associated with land disturbing construction activities in the State of Wisconsin. Becoming a permittee obligates the
landowner to comply with the terms and conditions of the general permit. An erosion control plan and a storm water management plan meeting
the requirements of,Chapter NR 216, WIs. Adm. Code, must be completed before submittIng this NOI, "
AU necessary information must be provIded on this NO!. FaUure to complete this NO' correctly may result in its rejection by the Department. Please
read all instructions before completing. ' "
$êêtlq"tt:Jtiá'~a~Wtfêf,trifCin:nâtiØn'~' ., , -: ,", -1. ,'. , ,"'!<':;";;~:;:"":,:::\:/::/j:f;;:,,,¡{\,;T{:'\~:S:;j';;;;~;;j,:~<,~t;:~~:;J:;..;~:'~~!ff::',';\~'/;.¡~)
Name...F\ Contact Person ~ c P
CJTV ðF V~I-I-I<:'O~¡-I '. ~c.orr //. c:;fJJeJ<$oN 6
Mailing Address A Title 11 t) 1,'\
Z/5 C NUl? C 11 tJl!5NV é A:.-S~JST,4AJí VII¿ðG7ð,e. ðF rvßt>IC;. wð¡¿¡i.,'S
City 0 S r+e.O$H ~~e ~9Je5 . TelePhOne9~ Z ~~ -5'o-,tz.
Seèt1Øò;Ii{;"Çp»~~~()j,;'r.fØmta11ì;)"}tl~,~rTØfj#ÿ;~~~);,j;::' ,(ki;:>V~;,';~~:~#:~~~~;w~j:fjf;d~,;S;,:~, ' ','" '
Name Contact Person
LJIÙKAJOvJ;J
Mailing Address
Notice of Intent - Storm Water Discharges Associated With
Land Disturbing Construction Activities General Permit
Form 3400-161 (R 8/04) Page 1 of 5
State of Wisconsin
Department of Natural Resources
dnr.wi.gov
, :,.<..,,',:
..,,""
Title
City
Telephone Number
~ QP~' f~ ~~~1~ ~þ fi)S) ~W~(~ ~ ~ij fþ ;!~'it~;;,~;:;¥'~W~ f ~~:~~' :t~1R~1t1t~ ~1~~J[t#1!~1 ~;:r.~~tif.~fi,~;~4t~~~..;W;1ik: ," '
Site Name j)' '. County .. , '
AÌùc.Hote.MG 814-5/1J 1t.,4/AJA<:ól? IHfJ,I!.t!){)á'H CNT v.._¡JIViV éf'~4G:) 0
Loc¡¡¡tion Description. ' '.. IZJ City of Ð S II It: tJ S 1-1
A~A¡JPOAJ eo I!A-I¿¡¿{)ÆO K',c,/fr- ðF- wÂ"-( ßé"/uJ~¡J 0 Township of, or '
v..). c.¡J"iTe~ Aua- M() /....16fbG:--t Av~. 0 Villageof
Qua~e~~_u_art~,_~_--- Quarter ~
Section
1'2.+/3
--
Township
Range IZJ E
.L~ Ow
Is this site wholly contaIned on the above quarter quarter section? DYes
.Use more space if needed to describe site location.
-LfL N
DNo
i5¿-~
A-7TM ¡.feo
L D cAL. Fry ¡lAP
Percent of Site Impervious: (including rooftops and pétved areas)
BeforeConstnJction lAtter Construction
ð % 0 %
Total Area o~ Site lTotal Estimated Disturbed Area
Æ, Acres ' 8 Acres
Type of Construction (check alllhat apply)
0 Residential ,0 CommerCial 0 Industrial
0 Utility 0 Transportation (streets. roads. non-WisDOT highway projects, ate.)
0 Other(describe) Of/..AIA.l4~6 11-/j)¡¿oùé'ÞleAJT5
Discharge: Does your cons~ction site's storm water çischarge to: (check aU that apply)
0 Storm drain system'- infiltrates,to groundwater
0 Storm drain system to surface water - enter system owner's name and receiving waters:
(5.(1
0
D Reconstruction,
Directly or indirectly to waters of the state - enter name of river, lake, wetland:
, .
Infiltration to groundwater occurs on site
t...A:~ t.ùoJ}Jé ð A-G 0
Notice of Intent,:, storin Water Discharges Associated With Land
Disturbing Construction Activities General Permit
Form 3400-161 (R 8/04) Page 2 of 5
~~i~9ij~il'Jî¡jiØ:Ç~#pb~M~;:r::;ç'~H~¡t'j?i~;:;;::;;,j;;\~1r~:;;:i*Þ;';,~:~,(" .',:>;i~:"'1::./,.: ::\":::f,:f;;:::~;:,::'. . ';-~j.": :.:.'(/,:.;!,:;(. ". .. . . . .
Attach a legible photocopy from the appropriate USGS 7.5 minute series topographic map (not a plat map), with the perimeter of the construction site.
cJear1y identified.
Name of Quadrangle
v SII-K,o sf! )
/¡ÙI S
---õ ,
\ ---.=:::-1
'..._,..~)
\ j
-'. f
\~'
,...--'
:..--<
f1¿ð.J6c.r -SIre
,. --",
'-.-::::0:
Notice of Intent. Storm Water Discharges Associated With land
Disturbing Construction Activities General Permit
Form 3400-161 (R 8/04) Page 3 of 5
SèCtioii;¥:~Ädãi*~~f¡åt[~fàtôt:triäOòn , :~:.. . .,.' '0 '>:::;';,,'r~~' .:",:.,;'~-~~~:::- :-;:';;:"'""';:",,, . <,.",-
Project Start Dlate (monthlday/year) Approximate Project End Date (monthldaylyear)
JUt...,",. 2-D 0:5 ,.vO<.JE Mß~e. z. 0°.:5
Management Practices: Identify planned erosion and sediment control practices to reduce impacts durIng construction (check al that apply)
~ Phasl~ of Construction [g1 Di~ersion of Clean Water ~ Phased Revegetation D Dewatering Sediment Control
~ Sediment Ba~in(s) and/or Trap(s) I.KJ Stabilizing Channelized Row cg) Silt Fencing [8J Vehicle Tracking Control
r&1 ErosiDn Control Matting and/or Mulch 0 Other .-
Identify planned stann Water management practices to reduce impacts followIng construction (check all that apply)
. &gJ Stann Water Pood(s) 0 Infiltration Practiœ(s) 0 Infiltrate Rooftop Runoff D Oil/Water Separator(s)
0 Clean Water Plverslon(s) 0 Covered Slorage Nea(s) 0 Other - -
Plans: Has the construction site erosion contr"91 plan been completed for this site in coófonnance withs. NR 216.46,
Wis. Adm. Code and the "Wisconsin Construction Site Best Management Practices Handbook"? . IZI Yes 0 No
Has the storm water management plan been completed for this ~ite in conformance withs. NR 216.47, Wis. Adm. Code? D ~
Note: These plans must be completed before submitting this NOI. - Yes ~ No
Loc:al Requirements: Are the construction site erosion control and storm water management plans In compliance with applicable local requirements?
~Yes DNa If Yes, local Agency Name: Co C~'1 of 0 SH"ðS~
Are you aware of any wetlands at the construction site or any weUands that may be affected by the storm water discharge from the construction site?
Please be aware that the Department shall, pursuant to s. NR 103.06(1)(b), Wis. Adm. Code, requIre that the storm water dischàrge comply with the
water quality standards provisions in ch. NR 103. The presence of weUands may affect certain aspects of the construction site project under the
requirements .of this code.. !'VI 0
. . '. , ~Yes'No
Are you aware of' any listed. threatened or endangered species at the construction site? Please be aware that. the' Department shall, pursuant to s.
29.604(6r), WIS. Slats., consult ~the Bureau of Endangered Resources on whether approval of general ~rmlt coverage may ¡ ffect a !!sted
threatened or endangered species. The presence of a Hsted threatened or endangered species .may affect certain aspects of the èonstruction site
project under the requirements of this statute. , . ." . '0 Yes 181 No
Are you a~e of any liSted cult~í or historical resoürces at the construction site? Please be aware that the Department shan, pursuant to
s. 44.40, Wis. Stats., consult with the State of Wisconsin Historic Preservation Officer on whether approval of general permit coverage may have an
adverse affect upon history property. The presence of historic property may affect certain aspects of the construction site project under the requirements
. of this statute. 0 Yes .J8I No
Sec((~~"~;.",1\¥(n~p.~rg;;:;~;.~;f~;h '.
I certify under penalty of law this document and attachments were prepared under my direction or supervision in accordance with a system designed
to assure qualiflø<) pérsonnet prt)perty gather and evaluate the Information submitted. Based on my .inquiry of the person, or persons, who manage
the system, or those personS diI1icIIy responsible for gathering the information,. the infonnation subJ11/tted is, to the best ofmy knowledge and belief,
true, accurate, and complete. I am aware there are signifICant penaltiês for submitting faise Infcirmation, Ineluding the possibHlty of fine and .
imprisOÒmentln addition, I certify the provisjóns of the pennlt, Including development a~ implementation of the const{Uction site ~ion control
and storm water management plan, will~.complie4.with.. Important The person. sJgnlnglmmedlatelyhelow must be a representàtlve of the
landowneras d9flned In s. NR 216,43(3),WIs, Adm. Code. "landowner" for purposes of this NOIls defined In s, NR 216,OO2(15}, Wis. Adm,
Code, Failure to h.~.thls NO! properlY signed will result In Its rejection and may delay the project. .
L-andowner Printed'Name .. TiUe
C\\ÐF 'OS
Landowner Signa
. -
Complete below If NOI was prepared by a.c:onsultantor someone other than the landowner or an employee of the landowner, However, to be
valid, the certification -above must be signed by the landowner of the construction site, .
Firm é It 1. Tf/- ,,- ~tf / /.J C-
TiUe fk ðJ E-c., T H 14 AJ I/. G C" I?..
Telephone N~ber
.,ZD- <!-'5/- 2.ÎÎl..
Date Signed s: I f1
Mall this com e tic of Intent with application fee to the appropriate
Department of tural esoorC8S office In the regIon where the construction site -Is
located. The applfee Is:' . .
Acres of Land Disturbance Application Fee
Less .than 5 $ 140
5 or more and less than 25 $ 235
25 or greater $ 350
See the instructIons for regional office addresses.
Notice of Intent - Storm Water Discharges Associated With Land
Disturbing Construction Activities General Permit
Form 3400-161 (R 8/04) , Page 4 of 5
Instructions
Type or clearly print your answers to all questions. Answer all questions. Incomplete NOI forms will be returned. for completion.
:$~ÇïlØ1f.t~~j~"~ ' '" '
Provide the legal name of the person, firm, public organization, 9r any other entity that owns the construction site described In Seclion III of this
application. The contact person should be the person completely familiar with the construction site activity and charged with compliance and oversight of
the permit. The mallnQ addr~ and phone number given should be for the contact person.
$'.içiìQijl~J$~;glî~~~1lJ.p~~¡jJ}~f',""';.:"f'::;¡;~r';:;;:Y'~"',':i!,~';5;>,,:,':""p : . ""\~~::;~{'»":,',:i;;'~';',:,, .'~:~,> ,',' '::":" ""c" '
If known at time of NOI submittal, provide the legal name of the person, firm, or any other entity that Is the major contractor in charge of operating the
construction site described In Section III of this applicatiOn. The contact person should be the construction site manager completely familiar with the
construction site aètlvity and ,charged with implementation of the permit. The mailing address and phone number given should be' for the contact perSon.
'_Þnji¡;¡f;~,;~:(;.Z3}}].:iEt;:1';\~Kt~~;A~~:1;¿~1~i1¥Y~:,:';¡fl:::,;::?: ,'~:".~:'i;:"",:;~'{: ~,.:'{ ~:::{::':;',~ ':..":: :"'~".,:,,. ,.' ',', '..': .:::
Enter the construction site's official or legal name and complete address, including county, city, state and zip code. Bë slire to Include the quarter
quarter, quarter, section, township and range (to the'nearest quarter section) of the site. If the site Is on more than one quarter, enter the quarter that
best describes the location of the site. Use additional space If needed to desëribe the site Ioc8tion.
. ,
Type of Construction: Make a rnartc next to tIm line that best descnbes the conStroctiÒn activity at the site. Transpòrtatlcin shÒiJld b$ checked for
construction of roads, bridges and railroads. UtIlities should be checked for installation of sewer, electric ànd telephone systems. If the type of
construction activity Is not listed, please write down a brief dêscription in the line after the .other" designation. .
Area of Site: Indle;ate the'tOtal area ofthå construction site, and estimate the total area t6 be disturbed bý cOnstructIon activities. Please provide the
percent ofslteJrnPEiNioUJ before and 'after constructiOn. . , . . > ,.. ," ..
Discharge: Indicate where ,storm water disèt\arge occurs. (There may be more than one discharge point) If the discharge is to a storm drain system
(operated by inunlcipallties. flood con1rol ålStricts, utilities or other similar entities), indicate this and list the name of the receiving body of water. The
operator of the storm d'ràlri system WIll. koOIo\' the ultimate receiving waters. The operator of the storm drainage system must receive a copy of the NO!.
Storm Water discharging direcØyto state waters will typlc;al!y have an outfall structure directly trom the sIte to a ñver, latte, wetland, etc. If the dlsèharge
, Is to an unnamed tnþutatyor drainage ditch, please list the: named Water body to which the discharge ultimately draIns. E.g., "Unnamed tributary to the
Red Cedar River." FinallY, please indiCate If Infiltration occurs on site. "
',.
DaJas: Enter the project'-s Bnticlpated start and end dates.
Management Practice.: Check all appncable management präctJces that will be used on site to control erosion or list other control measures that will
be lJSed, to cOntrol erosion at the constru~ site.. " '" .
Pia",: Indicate whether or not ,a construction site erosIon control and storm water maOaQement pla,n has been completed for the s~. This plan must be
completed before a permit will be iSsued;'8nd must be In confOrmance WIth the 'WIsconsin Constiu.ctIon Site Best Management Practices Handbook".
DO NOT Include a copy òf theconstru~'slte erosion control and starn.' )Nater management plan.
Local Requirements: Indicate whether or not the conStruCtIon site erO$ion control plan is In compHànce with the local sediment and erosion coìitrol
piaRS. DO N()T inäude copies of thesE¡ plal)S. The local agency approVing these plans must ~ a copy of the NO!. .
~J",::: ¡7.:~ÇlY~ ' , "~10:~'"'
S\8te Statutes provide fpr severe penalties for subri1ittin~tfalse information on this Notice of Intent form. State regulations require this form to be signed
'as follows: . . ' '
1. For a corporation. by a responsible corporate office~ Including president, secretary, treasurer, vice president,' manager, or a duly authorized
. representativ~havlngoverail respOnsibility for theopetation cove~ by this permit;
2. for a unit pf gl)Vemment: by a ranking ,fi!lected official, or other duly authorized representative;
3. for a partnership, by a general partnèr; and for a sole proprietorship, by the proprietor;
4. for a limited liability company. by a manager. '
After signature provide the name of the individual signing the NOI and date of signature. If the form was prepared by a consultant Dr someone other
than an employee of the site landowner, please provide the name and address where this person may be contacted. .
There is a non-refundable application fee required with the submitt¡il of the NOI. Remit a check or money order payable to the Wisconsin Department of
Natural Resources (do not send cash). -The app6cation fee Is: "
, . " Acres of land Disturbance Apcllcation Fee
Less than 5 $ 140
5 or more and less than 25 $ 235
25 or greater ' $ 350
A'NOI submitted without the required application fee will be considered incomplete.
, ,
The DNR has published a handbook designed to assist contractors, consultants, and local units. of government in choosing, designing and Installing low
cost, effective temporary or permanent construction site Best Management Practices. This handbook. Wisconsin Construction Site Best Management
Practices, Is available through Document Sales, 202 S. Thornton Ave., Madison, WI 53707, For more information on the cost and to order the handbook,
please call (608) 266-3358 or 1-800-362-7253. If yOu need additional information about the NOI for construction activities, please contact the
Department at (608) 267-7694.' , ' " '
Notice of Intent. Storm Water Discharges Associated With Land
Disturbing Construction Activities General Permit '
Form 3400-161 (R 8/04)' Page 5 015
Mailmg y,>":;;' ;,. ,
Unless otherwise directed, mail this completed NOt form with application fee to the DNR office listed by county as follows:
NORTHERN REGION COUNTIES
Ashland Lincoln
BaITOn One~a
Bayfield Polk
Burnett. Price
Douglas Rusk
Florence Sawyer
Forest Taylor
Iron Vilas
Langlade Washburn
WEST CENTRAL REGION COUNTIES
Adams Marathon DNR Service Center
Buffalo Monroe 5301 Rib Mountain Rd.
Clark Portage Wausau, WI 54401'
Crawford Trempealeau
Jackson Vernon
Juneau Wood
La Crosse
DNR Service Center
1401 Tower Ave.
Superior, WI 54880
Phone: (715) 392-7988
Chippewa
Dunn
Eau Claire
Pepin
Pierce
St. Croix
NORTHEAST REGION COUNTIES
Brown Marquette DNR Northeast Region
Calumet Menominee P.O. Box 10448
Door Oconto Green Bay, WI 54307
Fond du Lac Outagamie
Green Lake Shawano
Kewaunee Waupaca
Manitowoc Waushara
Marinette Winnebago
---..-...------., "-'-----
Phone: (715)359-4522
DNR Service Center
890 Spruce St.
Baldwin, WI 54002
Phone:(715)6~2914
SOUTH CENTRAL REGION COUNTIES
Columbia Jefferson DNR South Central Region
Dane laFayette 3911 Fish Hatchery Rd.
Dodge Richland . Fitchbllrg, WI 53711
Grant Rock
Green Sauk
Iowa
Phone: (920) 492-5800
'-"'0
Phone: (608) 275-3266
SOUTHEAST REGION COUNTIES
Kenosha Sheboygan DNR Service Center
Milwaukee Walworth 9531 Rayne Rd., Suite ,4
Ozaukee Washington Sturtevant, WI 53177
Racine Waukesha
.----,----.-----..--...-
- -- - -- -........--- ..-..-. ....----.---
..-, -....- ...._, ..-..-
Phone: (262) 8~2300
Wisconsin Department of Natural Résources
. ~t~~~g:~~,
Thursday, August 05, 2004
ç~f',lJtle, ;,: "
, ,,'"
", ,: ,;:;Þr~~,;ç9n~cf
, ," " . ,. ..", ., .. .. ". ' '
,'","""',."', .. ,,", "N,o",rt"h".e""a"",s",t,R"",egion ,,"',
',' ' ,
Brown (except Oneida Reservation)
Calumet,
Door
, Kewaunee
Manitowoc
',,' ,li ' " ,..,<
Cheryl Bougie; Storm Water Specialist
920-448~5141
, " "'L~(,")";.,é ,,'
Green Bay,~rvice Center
" 1125 N., MilitarY Ave" P. O. Box 10448, Green Bay, WI 54307-0448
Chèryt BoUgiå@dnr.state.wi.us
Bröwri (Oneid'a Reservation)
Marinette
Meno,minee
bt:dhto' . ,
Outagamie (Oneida Reservation)
Shawano
Waupäca
Mark Dè8åker, Storm Water Specialist
920-492-S,824
Greønaay':Sërvice Center
. , 1125N. Militârý Ave;, P, 0, Box 10448, Green Bay, WI 54307-0448
,MarkJ:~e~k8f~dnr .stàte~WÎ'us
'~~riÌ1lfer H*!~~~~an" Storm Water Specialist
920-832-1803'
"'"
'." ,,~~f't~~C:i';:~#~J~à~~~;:;;(i~:
, "',:1'l~~1~1';;~: '
Ashland
Bårron
Bayfièld
Burnett '
Douglas
,Iron
Polk
Price
Rusk
SawYer
Taylor
Washburn
Florence
Forest
Langlade
Lincoln
O"eida
Vilas
, .,," ..', , ' '
Jþhr'hJêi"ëCzëk, Storm Water Specialist
Ellen Granquist, Program Assistant
715-392-()80S'
715-395-6907
Su~r ~rvice Center
1401 Tower Ave., Superior, WI 54880
"".." ,,- - ,
-,--,- ----,,-,---- "-'JohíiJëreczel<@anr:Stãte:w¡:us"---'"--~"---------'-"-' "-'- ~~.
Ellen. Granquist@dnr.state.wi.us
William Roberts, Stormwater Specialist
Rhinelarider Service Center
107 Sutliff Ave., Rhinelander, WI 54501
William.Roberts@dnr.statè.wi.us '
715-365-8979
South Central Region
, ' '
, '
COlumbia
Dane'
Dodge
Grant
Green
Iowa
, Jefferson
laFayette
Richland
Rock
Sa uk
. Jim Bertolaclnl, Storm Water Specialist
Bruce Moore. Storm Water Engineer
608-~75-3201
608-275-3205
SC Regional Headquarters
3911 FISh Hatchery Rd,. Fitchburg. WI 53711
Jim. Bertolacini@dnr.state.wi.us
Bruce.Moore dnr.Statè.wi.us
.'
'",:, ' .<.':'
Waukesha
Sf ~~glonaltt~dquartetS ' .
.,,!~ Mà,'b"~,.",:,.,','",',,.,~N,.:~§. ';;5' Bp~~ ~4~~"~~,1~~~.@'~'
, ",.."..""'" , 'n',
MilWaukee
WaukeshaService Center
, State'OÍ'fièêBbilding
141~ N.'WJ BarStOw st
W;:luk~íWIß3188 ,
Anthon ,Fische dnr.state.wi.us
Jim Ritc:hie. NPS Coordinator
,~ 1 +26~586
Kenostta
Racine
WalWorth' ,
Washington
SE,~Ø9iC)naIJi~dqua"ers ' , ,', .
23QON. MartiQLuttler King Drive, P. O. Box 12436, MilWaukee, Wi"~321'2
Jim.Ritchiednr.state.wi.us ,', '
'pit~'W~~wirler Resources Engineer~62-884-2360' "
,',§W~~!1t.~oo~Center, " ",,' ',',
9531"Rayne Rd,. Soite4,Sturtevarrt. WI 53171
, " ,', ,,¡,../p.Øtero,'.o,W'.""'d.nr.$ta.....teo.wf.tJS, "" ",' ""',:'-':', ,,'
West Central Region
, " ' , , " " '" ,
,\;;I~.~
Pepin
Pierce
St. Croix
Adams
Buffalo
Clar1c:
Crawford ,
Jackson
Juneau
, ,"
..' ;;/~4BI~~ri~L,7t,f'~:~~il}~,ri,"?r,T~::~;;;t'?".~,";::~/,::'.;;f.:¡:?<r~~~~~.1~.,~1~~,
IUWØ'~._VO un' ",.',./ ""'.',:;;';:'","',:,.., , ,.
8aa ~pruce,,~t, Baldwin. WI 54002
, "',
La Crosse
Marathön
Monroe
Portage
Trempealeau
Vernon
Wood
Brad ~ohn$C)n.Sto~ Water Specialist
, WausBu Service Center
5301 Rib Mountain Rd" Wausau, WI 54401
715-359-2872,
BradleyAJohriSon@dnr.state.wi.us
APPENDIX E
CONSTRUCTION-StTE1NS-PECTION REPORT
State of Wisconsin
Department of Natural Resources
CONSTRUCTION SITE INSPECTION REPORT
The information contained on this fonn is required under s. NR 216.48 (4), Wis. Adm. Code. for a construction site covered under the
General WPDES Construction Site Storm Water Discharge Permit, Pennit No. WJ-0067831-1. Inspections of implemented erosion and
sediment controls shall be performed weekly and within 24 hours after a precipitation event 0.5 inches or greater wbiçh results in runoff.
Weekly written ~ports of all inspections conducted by or for the permittee shall be maintained throughout the period of general permit
cov~e.
Use of this specific: form is voluntalý. The Department is providing this form for the convenience oftbe permittee to meet the requirements
Of5. NR 216.48 (4), Wis. Adm. Code:. Multiple copies of this form may be: made: to compile the inspection report.
The: information maintained.in accordance with.$. NR 216.48 (4) shall be submitted to the Department upon request.
Name olPermittee: .
-.
..
CenstructÎÒn Site Name: :c-: ..
.
Censtrudion Site ID No.: ..
" .'.. :..,:.'.
Date of inspection (mmlddlyy):
Type of inspection:
0 Weekly
0 . Preeipitation Event
Time of inspectien:
Start:
a,mJp,m.
Name(s) of individual(s) performing inspection:
,
End:
a,mJp,m.
Desçription of present phase of construction:
bad place of erosion/sediment
controliaspected:
Type of erosion/sediment control and its
observ~ coDdition:
Desc:ription of any necessary maiDteDsllce or
repair to crosionJsedimcDt control, iDduding
anticipated date of completion:
..
-
.:
.'
.
Page Ne, -
(If necessary, continue entries for this date on nex1 page)
(Entries continued from previous page)
Date of inspection (Rimlddlyy):
Name of Permittee:
Construction Site Name:
Construction Site m No,:
Exact place of erosion/sedimeDt
control inspected:
Type of erosion/sediment control and its
observed conditioD:
Description of any necessary maiatenance (
repair to erosion/sediment control, includin
anticipated date of completiOD:
,.'
, ,
".
.,"' .
" .
,-.
.Page No. -
(Ifnecessary~ continue entries for tbis date on Dext pag
APPENDIX F
_u- ---.. . -- --------- ---- -'---N-o-T1CC-or-ìERM1NAìION
-------.---.------.------- - .
. ,
State of WISconsin
Department Df Natural Resources
NO~ICE OF TERMINATION of Coverage For Storm
, Water DischargeS Associated WIth Land Disturbing
Construction Activitie$ Under a General WPDES Permit
Form 3400-162 (R 3/00) , Page 1 of 2
This Notice of Termination (NOT) form is authorized by s. 283.37, 'WIS. Stats. Submittal of a completed NOT to the Department is mandatory for any
landowner 01 a construction site regulated under 40 CFR Part 122, Chap~r 283, WIs. S~ts. and Chapter NR 216, WIS. Adm. Code. Failure to submit a
completed NOT to the Department after the construction site undergoes final stabïrlZation may result in forfeitures up to $10,000 per day; pul'sí,iant to s.
283.91(2), W~o Slats. Personally identifiable informatiDn on this NOT may be used for oth~rwater quality program purposes. '
Submission'Df this NOT éón;õtitutes notiCe that the landowner identif~ in Section I J1Q longer Intends to be authorized by a ger¡eral WPDES permit to
discharge storm water assoc:Îated wit.h land distu~in9 cDnstrllction ,activities from the construction site identified in Section III of this NOT.
All necessary Inf~mnatlon mUst be provided On this N,OT. Failure to complete this NOT correctly may result in rejection Of this NOT by the '
. Department Piease read all instructions before COf'"!\pleting. , , ,
~. ~ -, 9, .:':~:- fi~f"J~~ij~fj)\.:~~~::'. ". ,:',..~"::::., ~.~. .~~::'-,.:'~~:'~ ~.."~ ,:, "':~.':,:;2,::~~~~ _.!":=~~~t!L! 2~:::~:; :~':'::'.' o:'i::¿. '::;Œ::~lp"~>,~¡';*¡b~ ; i!'~'
Name ' Contact Person ' '
Mailing Ad,dress
Title
City
ëlephone Number
, ' Mailing Address
Tille
City
Telephone Number
, ,':~ ;:~:':.L~~':: ;,~ . .:::: .::."'::,~~'. ;:-'-;S:.:,: :~:<~c';i"':;:~~:~\:¡:¡l',ql'\'.fa
Location Des'criþtlon
DNR Site Number
.
0 City of 0 Township of, or 0 VIllage of
County
" Quarter-Quarter ~
~
Quarter , ~
~
Section
Towoship
N
Range . 0 e
-_Ow
--
--
Is this site whollY contairied on the a~ve quart~ quarter section? tJ Yes 0 No ,
_i}(~:~::::'~~::,~~:.~:, .:.~= ~:~::.::~~: ~;~:. .:~~:=~::2~E,.:':'::~: =~~::=7C~::'::~'(~:Z:3~~:_~7~:~:~f~: (-;.i.~:;
I certifY under penaityof law that disturbed soils at the identified site have undergøne fina. stabUlzation and temporary erosiQn and se<llment control
measures have been removed or that aU storm Water discharges associated with construction activity that are authorjzE\d by a general WPDES storm
water discharge permit have otherwise been eliminåted. I understand U)at by submitting this No~ice ofT~lnatlon: I am no longer àuthoriŽed to
discharge stom water associated with construction activity by the ge,neral WPDES permit, and that .discharging ponutants in ~orm water associated with
construction activity to waters of Wisconsin is uglawful where the discharge is not authorIZed ,by a general WPDES permit.
Important: The person signing below must be a rèpresentatlve of the landowner as defined In s. NR 216.55(4),Wls. Adm. Code, '"Landowner'"
for purposes of this, NOT Is defined in s, NR 216.002(13), WIS. Adm, Code,Fa~lure to tla..ve this N9T properly s¡g~ will result'in Its rejection.
Landowner Printed Name Title elephone Number '
Landowner Signature. .
, Date Signed
Mail this completed NOT to the appropriate Deparbnent of Natural Resources office In the region where the construction site is located. See
the Inst~ctions for regional office addresses.' ,
NOTICE OF TERMINATION of Coverage For Storm
Water Discharges Associated With land Disturbing
Construction Activities Under a General WPDES Permit
Form 3400-162 (R 3/00) Page 2 of2
Instructions
Please. type or cIðarty print your answers to an questiDns. Please answer all questions. Incomplete NOT fonns win be returned for completion.
-. . .. .. -'"""~"--"".--.~'---."'-'.'~~~or;Z"~.--'~""-'-:.-"------",,,..-,v'-'.'--"""'-"~'=.-._-~....._-:.;.:~ . -- . .'. o. '
~-....-" ,',0 ',' ;-:p:è.¡~§fþj.ij'jÿ~( :-,.:":..;...,",,:',~'-~.,,-,._._~....':"_'.,.._..__..--'~,~>:.~:.¿~:':';~;,,:::: -. ' . . :-':::: .._:--.'X~~:.\~,~<)~:;':
Please provide the legal name of the person, firm. public organization, or any other entity that owns the construction site '~êscribed in Section III of this
appfication and holds D~ qualifies for an applicable general or-ilidivldualconstruction site storm:water disclu~rge permit. The mailing address and phone --
number given should be for the contad person.
Please provide the legal name of the person, firm, or any other entity that acted as the major con~ador in charge of operating the construction site .
described In Section III of this appHcation. Thè mài~~ ä~~res~ and phone .number given should be for the contad person"
~-içijql:dJiï. "':~lm:çiJgfj)'§Jii;)alQ.ijij~- .It-:!~~~L-~:"~: ':. :~.::-~~~~:::~::~~,", :-.i.:'~ :::';:';, ;:-; i': -:;"5';-1 '-:i.!.:~(;:'.¿;;r'!':,,': i;.:i';'~¡"'~ <::0 U..;:~::,rt'~~,~.\':<,:!¡-:,:",.~
, Enter the construction site's official or legal name and complete address, including county, city, state and zip code~ Be sure to inclUde the quarter.
quarter, quarter, secti.on, township and range (to the neare!¡t quarter section) of the site. If the site1s on'more than one quarter, enter the quarter that
best describes the location of the site. Use additional space if needed to d'escribe the site Io~tion. The PNR Site Number can be found in the uPper
right corner of ~ original letter from the DNR ~nferring coverage under the general permit. '. - . .
-~ ~:;~:~.:'.: :~~:::~::::::=:::~:::=:~~,: .«~~ .~~ ',:~. :~.~.::-~:~~ :,:2::=!~~.C~~~L: :::=:~~t:L:::==Ilf,Œ~Ü:~.~ '~~ ~~~~~~
State Stat~es pl9Vide for ~vere penalties for submitting false information on thiS NOT form. Slate regulations re<j~~re thiS NOT to be signed as
foUows: . :". ,.-, . ',:--'., "-, .'.: '-
;.
2.
, 3.
4.
1. . for a corporation, by a principal'exe~e officer of at least the level of VIce President, or à duly authorized ~ntativØ having overan
responsibirlty for the operation covered by this permit; . . . '
for a unit of government. a principal executive officer, a ranking elected official, or other. duly authorized representative;
for a partnership, by a general partner, by a general partner, for a sale proprietorship, by the proprietor;
for a limited HabirJty company, -by. a member Of man~er.
After signature provide the name of the individual signing the NOT and date of signature. If the form was prepared by a consultant or someone other
than an employee of the si~ landowner, please provide the name and address. .. ' '
If you need additional information about the NOT for construction activities, please contact the Department at (608) 267-7694.
~;~~lI:-=:~':-:.:;:_: ~:::,. :.:~.:',:~:'~-::= .~~:'_:,:.:':=:,:':', :.:: ,'.~~'::::~~.:.~,:: ,:~--~~::~', '.:~:::~::;.::..:~..~ :'_::~.:.~:~~::.::.~.:::2'~::::~.~_:.~~::.:-~~:=2:=D1:'2;:1T~~rj1g~
Unless otherwise directed, mail this complet~d NOT fonn to the ONR office listed ?y county as follows: . .
NORTHERN REGION COUNTIES WEST CENTRAL REGION COUNTIES-
. Ashland Lincotn DNR Service Center Adams' Marathon'.. DNR Service Center
Barron Oneida 1401.Tower Ave. Buffalo . Monroe 5301 Rib Mountain Rd,
Bayfield Polk Superior, WI 54880 ,Chippewa' Pepin' .. Wausau, WI 54401,
Burnett Price Clark Pierce
Douglas Rusk Phone: (715) 392-7988 Dunn Portage .
Aorence Sawyer Eau Claire St. Croix
Forest Taylor Jackson Trempealeau
. Iron Vilas Juneau Vernon
langlade Washburn La Crosse Wood
Phone: (715) 359-4522
NORTHEAST REGION COUNTIES
Brown tv1arquette D~R Northeast Region
; Calumet M~nomin~eP.O. Box 10448
Door - Oconto Green Bay, WI 54307
Fond du Lac 'Outagamie '
Green Lake' Shawano Phone: (920) 492-5800
Kewaunee Waupaca
Manitowoc Waushara.
Marinette Winnebago
SOUTH CENTRAL R~GION COUNTIES
Columbia . Iowa DNR South Central Region
Crawford - Jefferson. 3911 Fish Hatchery Rd,
~ne . lafayette' . Fitchburg, WI 53711
Dodge Richland .-
Grant Rock. Phone: (608) 275-3266
Green Sauk
SOUTHEAST REG10N COUNTIES
Kenosha ' ShebDygan DNR Service Cehter
Milwau~ee Walworth 9531 Rayne Rd., Suite 4
Ozaul<.ee Washington Sturtevant, WI 53177
Racine Waukesha
Phone:~62)884-2300
, WISCON~IN DNR STATE~E STORMW ATER
PROGRAM CONTACTS
Ceiltra1 Office Contacts
Stonnwater CoortJinator,.,.."" .". '." ,. ,; ,Eñc Rortvedt (60S) 264-6273
CCP .& Permit Support........................,Laura Madsen (6å8) 266-9260
Data Management.............................,Robert Moldenhauer (608) 264-8971' .
Legal Issues... ~..........;........................ Dan Graff (6P8) 264-8527
Construction &~i/~;ng Support..............Mary A~ne Lowndes (608) 261-6420
. . Municipal Support..,....,...............,......Johri Pfend~r (608) 266-9266 .
Prog~m Assistant....",.,...........,.......Mike Solomon (608) 267-3774
~rogramAssistant.,.........................Jennifer Dahms (608) 264-6127'
SER Reg ion- -ltfdustrial Storrri Water Discharge Pe~its
. Sputhem Milwaukee Bas;n........,........:,Ted Bosch (414) 263-8623 .." .'
NorthemMilwallkøe Basin".....,..........Judith G'ottlieb (414) Z63-g636. .
Sheboygan Basin...............,.. ,..........~,Tony Ratarasam (414) 229.{)836 .
Illinois-Fox & Rock Basins.:.................GeraldJarm.uz (41'4) 229-0833
. Root-Pikf3....:...~,............~..... ,.........~..,..Petei" Pfefferl.<orri (414)8~2362.
S.ER Region - Municipal Storm Water Discharg~ Perm.~
Milwaukee River Basin.....,:...................Jim Ritchie (414) 263-8586
Root River Basin~...~............~,....,.......,.. ,Pete Wood (4'14) 884-2360
Sheboygan River Basin..,....,...................Craig.,Helker (414) 263-8641
Upper Fo~ RiVer (Illin()is)..,..:....~:......,......Anthony Fiscl:Jer (414) 24!;1-08.80
SER Region '-.Cônstruction Site E.rosion Permits
Entire Region~',.............;....................~,..Pete Wood (262) 884-2360"
. .'
SCR Region - All Storm Water .Permitting Issues
. ._~-- ...... .-
. .-
Entire Region,................... ..',...:.,:....~ ....J~m Bertolacini (608) 27~3201
NOR Region ~ All Storm Water Permitting Issuee .
Entire Region Supporl...........,......:........Ellen 'Granquist (71.5) 395-($907
Western Part of Region...~....................Anne.HQly (715) 392-0805
Eastern Pad of f?e~jon,.......,..,...... ,.....John Go:tdzialski (715) 635-4002
. .
NER Region - All Storm Water Pbrmitting Issues'
.'
Lower Fox R;ver& Lakeshore Basin$...':....."....,Chery.1 Bougie (920) 448-5141
. Wolf, Upr Green Bay & Upr F?x R B~sins,.~ ~... ""..Mark DeBaker (920) 492-5824
. WCR Region -: ÄII Storm Water Permitting Issues
En~ire Region......................................., ..:.."". .,..Brad Johnson (715) 359.,2872 .
C:\DATA\STORMWTR\FOrms\Statewide DNR Stormwater Program Contacts,doc
Revised; 03100
.
,
..
REGIONAL SrORMWATER CONTACTS BY: COUNTY
NORTHERN' REGION (NOR)
Ashland - Lincoln
BaITon' Oneida
Bayfield Polk
'Burnett Price
Douglas Rusk
Florence SaWyer
Forest Taylor
Iron Vilas
Langladè Washburn
Anne Holy
Dept. of Naturål Resources
1401 Tower Ave"
Superior, WI 54880 '
, ,(715) 392-0805
-'.' _,n,_- ,-,-, --------"---,~"--,--",..,'_.._'"
. . . --
-n- "..,-, --,.., -.. ,
, .
NORTHEAST REGION(NE:'~l
Brown (south). Manitowoc
Calumet Outagamie {east}
Door ~nnebago{north}
Kewaunee
CherŸ.1 Bougie ,','.' ,
Depl of Natural Resöurces '.
1125 N. Military Ave, , -
PO Box 10448 ' .
, Green ,Bay,'WI 54307-0448'
, (920) 448-5141' ,
Brown (northwest)
. Fond du Lac'
Green lake
Marinette
Marquett~
Menominee
Oéonto
Outagamie {west}
Shawano
Waupaca.
Waushara .
VVinnebago (south)
, Mark DeBaker -'
,Dept. of Natural Resources
1125 N. Military Ave.
. PO Box 10448 .
Green Bay, WI 543Ö7-Q448 -
. (920)'492-5824'
\
. .
WEST CENTRAL REGION ewCR)
Adams Marathon, .
Buffalo Monroe
Chippewa Pepin
Clark ' Pierce
',Dunn Portage
Eau Claire Sl Croix
Jackson Trempealeau
Juneau V.emøn ' .
La 'crosse Wood
Brad Johnson .
Depl of Natural Resources
5301 Rib Mountain Dr,
Wausau. WI ,54401
(7.15) 359-2872
sqUTH CENtRAL ~EGION (SÇ.R)
Columbia Iowa'
Crawford Jeffe~on
Dane laFayette
Dodge, Richland .
. Grant Rock,
Green - Sauk
.
James Bertolacini
Depl of Natural Resources
3911, Fish HatcherY Rd,
Fitchburg, WI 53711
(ôO8) 275-3201
,
SOUTHEAST REGION (SER)
Ken~sha ~heboygan
Milwaukee Walworth
Ozaukee Washington
Racine Waukesha " .
. -- See Statewide' Staff, SER
listing,' or map for the
appropriate contact person.
, .
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
WISCONSIN
DEPT. OF NATURAL RESOURCES
Jim Doyle, Governor
Scott Hassett, Secretary
Ronald W. Kazmierczak, Regional
Director
Appleton Field Office
3369W. Brewster Street
Appleton, WI 54914-1602
Telephone (920) 832-1803
FAX (920) 997-3284
TDD
June 21,2005
ScoíLErickson
Oshkosh City
215 Church Ave
Oshkosh, WI 54903
SUBJECT:
Coverage Under WPDES General Pennit No. VVI-S067831-2: Storm Water Discharges
Associated with Construction Activities
I
Pernúttee Name:
Site Name:
FIN:
Oshkosh City
Anchorage Basin Drainage Improvement
31945
Dear Pernúttee:
The Department of Natural Resources (Department) received your Notice of Intent (NOl), Form 3400-161, on
June 08 2005, for the Anchorage Basin Drainage Improvement site and has evaluated the information
provided regarding storm water discharges from your construction site. We have detennined that your
construction site activities will be regulated under ch. 283, Wis. Stats., ch. NR 216, Wis. Adm. Code, and in
accordance with Wisconsin Pollutant Discharge Elimination System (WPDES) General Pernút No. WI-
S067831-2, Storm Water Discharges Associated with Construction Activities. All erosion control and
storm water management activities undertaken at the site must be done in accordance with the terms
and conditions of the enclosed general penn it. .
To ensure compliance with the general permit, please read it carefully and be sure you understand its
contents, We emphasize that you be sure to take the following actions (This is not a complete list of the
terms and conditions of the general permit):
1) The Construction Site Erosion Control Plan and Storm Water Management Plan that you completed prior
to subnútting your NOI must be implemented and maintained throughout construction. Failure to do so
may result in enforcement action by the Department.
2) The general permit requires that erosion and sediment controls be routinely inspected at least every 7
days, and within 24 hours after a rainfall event of 0.5 inches or greater. Weekly written reports of all
inspections must be maintained. The reports must contain the following information:
a) Date, time, and exact place of inspection;
b) Name(s) of individual(s) perfonning inspection;
c) An assessment of the condition of erosion and sediment controls;
d) A description of any erosion and sediment control implementation and maintenance
performed;
e) A description of the site's present phase of construction.
Quality Natural Resources Management
Through Excellent Customer Service
DNRSW-l
{}
P<inled on
Recycled
Pape<
3) When construction activities have ceased and the site has undergone final stabilization, a Notice of
Termination (NOT) of coverage under the general penn it must be submitted to the Department. A
copy of the NOT form is enclosed for your use.
Chapter 283.35, Wis. Stats., authorizes the Department to issue a general pemût for discharge from categories
or classes of point sources. It is important that you read and understand the terms and conditions of the
general permit because they are enforceable. The general pernût can also be withdrawn if you do not remain
in compliance with the terms and conditions of the general pernût. The Department may also withdraw a
storm water discharge from coverage under the general pernût and require an individual WPDES permit on
the Department's own motion, upon the filing of a written petition by any person, or upon your request.
If you believe that you have.a right to challenge this decision, you should know that the Wisconsin statutes
and administrative rules establish time periods within which requests to review Department decisions must be
filed. For judicial review of a decision pursuant to SSe 227.52 and 227.53, Wis. Stats., you have 30 days after
the decision is mailed, or otherwise served by the Department, to file your petition with the appropriate circuit
court and serve the petition on the Department. Such a petition for judicial review must name the Department
of Natural Resources as the respondent.
To request a contested case hearing pursuant to s. 227.42, Wis. Stats., you have 30 days after the decision is
mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the .
Department of Natural Resources. All requests for contested case hearings must be made in accordance with
S. NR 2.05(5), Wis. Adm. Code, and served on the Secretary in accordance withs. NR 2.03, Wis. Adm. Code.
The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not
extend the 30 day period for filing a petition for judicial review.
The Department construction site stonn water web page is:
http://dnr,wLgov/or2lwater/wm/nps/stormwater/const.htm. Additional storm water information,
including permit fonns, is accessible via this site. Thank you for your cooperation with the Construction
Site Storm Water Discharge Pernût Program. If you have any questions concerning the contents of this letter
or the general pernût, pkase contact Jennifer Huffman at (920) 832-1803.
Sincerely,
----. --- non
~~~
Jennifer Huffman
Northeast Region .
Storm Water Management Specialist
Enclosures: .
WPDES General PefDÚt No. WI-S067831-2
Fact Sheet
DNR Form 3400-162: Notice of Ternûnation
Construction Site Inspection Report
cc:
.. . .
TerryJohJ1son. Earth T~hmé..11q5T~chno~ogy'P&rkWåy,ShêbQygan, WI 5308:}
DNRSW-2
CONFINED SPACE ENTRY POLICY
~
All contractors performing work for the city of Oshkosh which
requires entering confined spaces shall be given a copy. of this
policy and shall be responsible for follo~ing all confined entry
procedures. If the contractor has any questions regarding this
policy, it shall be the contractor.s responsibility to c.ontact the
city to resòlve those issues. If the contractor should fail in
whole, or part, to comply with these terms, the city of Oshkosh
specifically reserves the right to interrupt, or terminate, the
contractor.s work through the individual department for whom such
work is required, or the department inspecting such work (when
inspection is required}., The contractor shall be prohibited from
renewing such work in progress until applicable safety procedures
are implemented.. .
CSP-l
!
1
J
CITY OF OSHKOSH
CONFINED SPACE ENTRY POLICY
PURPOSE: .
1.
To protect 'City of Oshkosh employees and contractors
hired. by the City of Oshkosh from imminent dangers
encountered when entering or working in confined spaces.
2.
To establish a safe procedure for all persons ~equired to
enter or work in confined spaces while employed by the
Cityof'Oshkosh.
3.
To comply with the Wisconsin Administrative Code, Rules
of Department of Industry; Labor, and Human Relations,
Confined Spaces, Chapter ILHR 31. '
SCOPE:
This policy shall apply to all places of employment and public
buildings of the City of Oshkosh. It shall not 'apply to emergency
rescue attempts performed by Fire Department or Police Department
personnel.
CONFINED SPACES:
j
J
"Confined space" .means an environment which by. design or
construction has limited openings for entry and egress,- has
unfavorable natural ventilation, could 'reasonably be. believed to
have dangerous air contaminants or contain materials which may
produce dangerous air contaminants, and is not intended for human
occupancy. Confined spaces include, but are not limited to,
storage tanks, compartments of ships, process vessels, pits, silos "
vats, degreasers, .. reaction vessels ,boilers, ventilation and
exhaust ducts, manholes, sewers I tunnels, underground utility
.vaults, pipelines, and ditches deeper than 4 feet, but do 'not
include heating systems tunnels and vaults.
Levell. A confined space with an atmosphere specified as having
an oxygen content of more than 19.5% and less than 23%, a hydrogen
sulfide content less than 10 parts per million, a combustible gas
content less than 20% of the lower explosive limit (L,E.L.), and an
ßxposrire level for any toxic 'sub~tance determined to be present,
which is at or below the threshold limit values, and the only
source of cont-aminationo.expected"or'likely,.to.'af'f.ect",the', atmosphere
is the employee's presence or the employee's activities.
oj
1
J
CSP-2
Level 2. A confined space with an atmosphere which falls into one
of the following conditions: .
A. The air quality is within the limits specified above
and the confined space contains sources of contamination,
other than the employee or the employee's activities,
which may affect the atmosphere.
B. The air quality is or was at some time previously,
not within any or all of the limits specified above.
A conffned spac.e--with-an-'ãtmosphe:re--whi"ch is not within any or all
of the limits specified aþove ~ay be .ventilated and may be entered
when sampling indicates an atmosphere within the limits.
A confined space with an atmosphere which cannot be brought within-
all of the limits specified above for oxygen low limit, hydrogen
sulfide, or a toxic substance may,-be entered, if a self-contained
.positivepressure breathing apparatus or an air line respirator is
used, ,and with an attendant present that is similarly equipped. .
Á confined space with an atmosphere which is not within the limit
specified above for combustible gas or oxygen high limit may not be
entered even if a breathing apparatus or respirator is used.
1
j
j
SAFE BRTRY WORK PERMIT:
Eatry into a confined space shall be by permit only. A "Safe Entry
Work Permit" shall be completed prior to en'tering a confined space.
The permit shall identify the fo~lowing:
..
1.
2.
3.
4.
5.
6.
7.
8.
9.
The confined space to be "entered: by name or location.
The purpose of the entry, such as the work to be done.
The date and the authorized duration of the entry permit.
The authorized entrants into the confined space by name.
The authorized attendant by name.
The supervisor who originally' authorized the entry by
signature or initials.
The hazards wi thin
encountered.
conf ined space
that may. be
the
The measures, used to isolate, eliminate, or control the
hazards" "{.hat maY"be' .'enc'o'unt:ðr'e'd'o""" -'Examples"of .those
measures are the lockout or tagging of equipment,
purging, inerting, ventilating, or flushing of the
confined space. .
The acceptable atmospheric entry conditions.
2
CSP-3
10.
J
11.
A
12,
13,
14.
The results of initial.and periodic atmospheric testing'
of the confined space.
The rescue and emergency instructions and numbers to call
if an event occurs.
The communication procedures used by the authorized
erttrants and attendants to maintain contact during the
entry.
... ----..----. --..-----.----- ---- --.-
A list of equipment, such as personal protective
equipment, testing equipment, communications equipment,
alarm systems, and rescue equipment.
Any other permits, such as a "Hot Work Permit", that are
needed to authorize other types of work to be performed
in the confined space.
SAMPLING:
No person shall.enter a confined space until the atmosphere of the
confined space is sampl~d and the air quality is determined for all
levels and areas .within the space. The atmosphere of the confined
space shall be sampled for oxygen, hyd'rogen sulfide; combustible
gas, and any toxic substance which an employee is expected to. work
with or likely to be exposed to and which t'he City'of Oshkosh has
reason to believe, may be present.. -'
!
;
AIR SAMPLING DEVICES:
All sampling .devices used for entry into confined spaces shall
simultaneously test for oxygen, hydrogen sulfide, and combustible
gas wi thout manual switching. All sampling devices shall be
---. .gqu-ìpp-ed---with---audible--c--or -virlble warning--d-evi-ces, ---.-- or -both which
indicate when an atmosphere of a confined space' has:
An oxygen content less than 19.5 %,
An oxygen content greater than 23 %.'
A hydrogen sulfide' content of 10 parts per million or
more.
A combustible gas content
expl-osiveul'imit .( L. E .'L ~ ) .'
20% or more of the lower-
3
CSP-4
All Sampling devices shall be calibrated to the oxygen content of
the ambient air at the time of sampling. Calibration. of the
sampling device relative to the oxygen content shall be performed
where the 20.9% nat~ral content of oxygen in the air is most likely
to occur.
AII.sampling devices shall be se~ to zero for hydrogen sulfide
before each use. Calibration for hydrogen sulfide shall" be
conducted as often as necessary to assure accuracy, but at least
once every 6 months,' .
- All--sampling-dev-ices.shallbeset-tozeroforcombust-ible gases
before each" use . Calibration for combustible gases shall be
conducted as often as necessary to assure accuracy, but àt least
once every 6 months. . .
A nonsparking probe attached to the sampling device or the sampling
device shall be used to sample the atmosphere of a confined space.
When entry to a confined space is by means of a manhole, the probe
shall. be inserted through the pick-hole of the manhole cover, or
the manhole cover shall be pried open on the downwind side to allow
just enough room for insert~on of the probe or device. .
The sampling ,of the atmosphere of a confined space for toxic
substances shall be by the use of a multi-gas detector or another
testing device capable of detecting and measuring the concentration
of the toxic substances likely to be present.
Signals from the sampling devices "shall immediately indicate when
the atmosphere is not within any"of the limits specified above .for.
oxygen,. hydrogen sulfide, and combustible, 'gas. .
For-ced ven"tilation shall not be used' in l.ieu of sampli-ng devices. .
A~PROACHING. A CONFINED SPACE LOCATED IN A-TRAFFIC AREA
When
entrances to. confined spaces. are located in streets:
1. The vehicle's beacon and fout-way fla~hers shall be activated
- :_-- --upon-approach ~
2.
The vehicle shall be parked to permit traffic to flow in an
unobstructed manner.
3,
If possible, the vehicle
protection for employees.
shall
be
located
to
provide
4.
The vehicles must be parked" so that exhaust fumes cannot
accumulate in the confined space--park so that exhaust will
not be upwind of the manhole or other confined space. If this
is not þöS"ffiblé," l:hêvèhiclé"s-exhâust"'pipè'shall-:be extended
away from the manholes.
4
CSP-5
5.
Before uncovering a. manh6le, place traffic control de~i~es
around the manhole and vehicle. Traffic control devices
should be visible to traffic in all directions and should be
placed to protect workers and to channel traffic flow,
Spacing and placement of all traffic control devices must be
in accordance with the procedures outlined in. the City of
Oshkosh Safety Manual, .
A flagman shall be used to direct traffic flow where only one
lane is open to traffic in high traffic volume areas. .
6,
7,
Traffic" sàfet'y vests or equivalent shall qe worn at all times
when working on or near the street.
ENTRY PROCEDURE FOR CONFINED SPACES
These procedures must be followed when entering or working in a
Levell confined space~
2,
3,
4,
1.
A "Safe Entry Work Permit" shall be initiated.
entrant(s) shall sign the permit.'
The
The air sampling device must be calibrated for hydrogen
sulfide and combustible gas prior to use if more. than six
months has elapsed since the last calibration.
The air. sampling device must be calibrated relative to the
ambient air at the time of sampling. Perform the calibration
where the 20.9 percent natural content of. oxygen in the air is
most likely to o~cur.'
Zero the monitor for hydrogen sulf ide and for combustible gas.
'--5~--Make- sur e-- t-h-at-t her e ---is- -no-smok-:in9---w-it-hi-n -t e n feet of the
confined space,
6,
7.
8: .
Activate ventilation equipment if supplied.
Entry into the Levell confined space may be made by the
employee. No attendant is necessary. No supervisor's
signature or 'initials are necessary to authorized entry.
. .
The atmosphere within the employee I s immediate area shall
be continuously monitored for oxygen, hydrog.en sulfide, .
and combust.ible gas.; . '. . - . ,. ... .
5
CSP-6
9,
While in the Levell confined space, 'if the air quality
falls outside any or all of the limits specified above,
the employee shall exit the confined space, and the Level
1 confined space shall be -classified as a Level 2
conf ined space" If the employee t s presence or activities
have contaminated the air quality, the permanent
classification of the confined space shall remain as a
Levell,
.,
--These-proce-duresmust -be~ fol-lowed -wh-e-n-enter;ing-or--uworkingin - a
Level 2 confined space.-
1.
Follow steps 1 through 6 above.
The attendant shall sign the permit and supervisor shall
sign the permit to authòrize entry.
7,
8.
If entry is through a manhole, insert the non-sparking probe
-or sampling line through the pickholeof the manhole cover if
possible,. or carefully pry the manhole cover open on -the
downwind side just enough to insert the probe or line.
Test the Level-2 confined space from top to bottom for oxygen
deficiency, hydrogen sulfide and combustible gas-. If no
alarms are received, the space has an oxygen content of at
least 19.5 percent and less - than 23 percent, a hydrogen
sulfide concèntration less than 10 pp~, and a combustible gas
content of less than 20 percent of the' lower explosive limit
(.LEL) , - Such a space may be entered, - however the atmosphere
shall be continuously monitored while in the -confined space.
9.
10.
If the combustible gas alarm sounds, indicating a combustible
gas content of more than 20 percent of the lower explosive
'l-rmit--(--tEL-)-,. or the high oxygen limit alarm sounds indicating
an oxygen content greater than 23 percent, the following
procedure must be followed:
a,
Do not remove the manhole cover. or attempt to enter or
ventilate the manhole or confined space.
-b,
Notify your immediate supervisor
condition has be~n discovered.
an
explosive
that
c.
Turn off any running engines in the vicinity that could
cause à spark, - - . - .,-
d,
Inspect upstream and downstream manholes to determine the
extent of the problem.
e.
Be sure that there is no smoking in the area,
6
CSP-7
11,
a~ .-~
b.
c,
f.
Attempt to ventilate the system from a safe upstr.eam 'or
downstream manhole.
g.
Attempt to locate the source of the problem and correct
the problem. .
If the oxygen content is less than 19.5 percent
hydrogen sulfide concentration is more than 10 ppm:.
or
the
Do~not eenter--~the.manhoieorconf inedspace;
Attempt to improve the atmosphere with the Use of
ven.tilation equipment. Blowers shouid be placed upwind
or at right angles to the wind direction and at least six
feet from the opening, Exhaust from gasoline-driven
blowers should be directed downwind of the manhole.
NOTE: Ventilation is not to be used as a subs.titute for
the use of air monitorinq equipment.
Upstream and/or downstream manhole covers can be opened,
in order to encourage natural ventilation. Place
barricades to warn traffic and pedestrians of open
manholes. Never leave open manholes unprotected.
. .
If the oxygen content is still less than 19.5 percent or
the hydrogen sulfide concentration,i~still more' than 10
ppm after ventilation, the Level.2 c6nfined spade may be
entered only with the use of self-contained positive
pressure breathing apparatus or an air line respirator.
Where an air line respirator is used, the unit shall be
equipped with an escape air tank.
The manhole cover may be removed with proper tools or pick~
~-only.~i-f.-the.-combustible- gas.-content--is-less.than 20 percent of
the LEL and the oxygen content less than 23 percent. Never
remove or replace a manhole cover by hand, Sweep the area
over and around the manhole prior to removing the cover. Keep
the area around the manhole clear of hand tools and debris.
d,
12.
Before entering the level 2 confined space, at least one. other
worker (attendant) must be stationed at the entrance to the
manhole or conf ined space. The attendant shall not be the
Same worker who is servicing as a flagman to direct traffic.
This attendant should be instructèd regarding who should be
contacted.-.for ."qui-ck""'additional- -help ,"'in. ..the... event of an
emergency--for example, another crew known to be in the
vicinity, the Wastewater Treatment Plant, Fire Department,
call 911, etc.
13.
7
CSP-8
t.,
The attendant must have at least one self-contained positive
pressure breathing apparatus or air line respiratorf a full
body harness, and life line available for use quickly in case
a rescue attempt must be made. The attendant must also
maintain voice', visual, or o.ther means of communication with
the worker inside the space. The attendant shall remain at
the entrance to the confined space at all times,
14. Continue to monitor the atmosphere of the confined space and
--_.,------p.r..epar-e--.tor-e-ntry, .
16.
15.
The wo;rker enteri~g the confined space (entrant) shall
maintain'voice, visual,. or other means of communication with'
the attendant outside the confined space,
The entrant entering vertically into a confined space by means
of a top opening must wear a full body harness attached to a
life-line. A winch shall' beset up for rescue attempts prior
to entry. Another worker shall check for proper fit and
attachment. The full body harness shall have a waist belt,
shoulder straps, leg straps, and "D" ring or shoulder ring
attached no lower than the shoulder blades. The life line
'shall be attached to .the winch drum or secured by some other
'method.
'. '
PROCEDURES TO BE USED AFTER EKTERING':THE CONPINED . SPACE .
".
1. Cont inue to monitor the atmosphe're of the conf ined space. if
'the' combustible' gas alarm level is reached ~ the entrant( s)
must exit the confined space immediatelv--whether or not a
breathing apparatus is used.
2.
If the hydrogen sulfide. oxygen, or toxic alarm levels are
reached, ..-the- entrant (s)-must exi1:-.- the- confined-space
immediatelv, unless a self-contained positive pressure
breathing apparatus is being used:
Continue. to ventilat~the confined space.
3.
4,
The attendant at the confined space entrance must cont.inue to
,communicate with and be responsive to the needs and condition
of the entrant(s) in the confined space. ,Be aware of -the time
in relation to the air supþly available to the entrant(s) and
any sign of blurred' speech or shortness of 'breath. Be
extremëly'èárefül"n'ot to'~ällöw" any"objects"or'debris.to fall
into the opening.
8
CSp-g
j
)
2.
3,
4,
5.
5.
Ifa rescue attempt is necessary, use the rescue and retriev'al
system (tripod hoist) to remove the entrant from the confined
space~ If entry is required, the rescuing worker must be
equipped with a full body harness, life line, and breathing
apparatus. Communicate for additional help and emergency
medical assistance prior to entry. An attendant similarly
equipped shall be present during a rescue attempt. When the
injured worker is removed from the confined space, qualified
workers should apply appropriate first-aid, CPR or . other
measures---until--e-me-l'-g.eney---medical---as-s.];stance :-arrives at the
scene,
TRAINING:
1,
All employees who are required to enter confined spaces
shall be -trained and equipped to recognize, understand,
and control air quality hazards that may be encountered
in conffne4 spaces. . All equipment required for safe
entry into confined spaces by City of Oshkosh employees
shall be provided by the City of Oshkosh. .
The City of Oshkosh shall provide all employees with a
written confined space entry procedure, and shall train
all employees to the established procedure annually.
The. City of Oshkosh shall provide a wrl.tten standard
operating procedure on the selection, use, and care of
the self contained, posi ti v'e pressure breathing
apparatus, with' proper training.to its use and fit. -
Refer to the RESPIRATOR PROTECTION POLICY. ..'
The City of Oshkosh shall provide training to all who are
required to enter confined spaces in multi-media first
aid every three years and cardio pulmonary resuscitation
annually. .
Training records for employees required to enter confined
~---spa<:.es---sh-a-l~-t-e-f--il-ed-at~G-i-ty---Hall~-RÐom---402.____m---- ---- - - ...
OUTSIDE CONTRACTORS:
All contractors performing work for the City of Oshkosh which
requires enter~ng confined spaces shall be given a copy of ,this
policy and shall be held responsible for following all confined
space entry procedures.' If the contractor has any questions
regarding this policy, it shall be the contractor's responsibility
to contact the. City of Oshkosh to resolve those issues. If the
contractor should fail in whole or part to comply with these terms,
the City. of..Oshkosh,'.s-peci-f-ieal:ly-r-eserves- -the' r<igh.t.to. interrupt or
terminate the.contractor's work, through the individual department
for whom such 'work is required, or the department inspecting such
work (when inspection is required,) The contractor shall be'
prohibited from renewing such work in progress until applicable
s~fety procedures are implemented.
9
eSP-IO
RBVIEW:
This policy shall be reviewed annually. All safety equipment used
for entry into or working in confined spaces shall be inspected and
recor4ed at least w'eekly. Any equipment found to be defective,
worn out, . or unusable shall be reported immediately to a supervisor
and taken out of service.
i
!
'-
-'--
June 28,. ...1-994
. ------------
.-- .-- --._-
. - - ."., -..' -...
10
CSP-ll
,
--- -- -.- ---
. -, >- -, - - --. -. --.
.
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RH-65
I
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. MURDOCK
. LIFT
'. STATION
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RH-65
~
FORCE MA1N SYSTEM PLAN
'.
1) Opan #9, RH-65 tums (med)
2) Close #8 RH~65 turns (med)
3) Open #7 . RH-20 turns (long)
4) Open #5 RH-20 turns (tong)
5)' Close #6 RH..20 turns (med) .
.. 6)0105e ând open' #3 RH-20 tum$
(Located at Bowen & Hatrlson){long)
7) Close and open #4 RH.20 turns
. (Localed at Bowen & Harrison)(I~ng)
8) Open #2 . RH-20 turns (med) .
9) Close #1 RH-20 turns (med)
Check that each statlDn Is' pumping after valve
switch.
#6 RH..20 .
"
'#6'"
BOWEN STREET
,
.#7
: .1 #5'
RH .20 .
Ii
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i
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'; RH~2Ò
BOWEN
tiFf.
S1 A TJON
RH-20
-,
#4
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RH-20 '.
'..
'.
. .
NORTH
¡LIFT"
STATION
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#2 ~~'.. .N".ÔTË .. ~":'..#2'. '. ,._-,~,
valve pit fifr& , .
. \vJ[h water and.
. . needs to b~ .
RH~20 . ~.J
Map is not to scale
'-
I I
tfLET OUTlET
Rt: X Y Rt: X Y
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GENERAL NOTES
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ru. Sl.OI'tS fUTTt/I TlfANt Va,1 SHAU. IE r- TO I/E£' TItE TOP Of Tilt:
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011H11J RtN'CAUIltNT SIf.~L 8E I' X S' . 14,0 X 14,0 011 NO. S BARS
SPAm 12' C-C " 8OTN DlR£CT1ONS, .
@TNE SPACt KTlEOI.PftS.SH.II.L 1£ AS fOLLOWs.
DlANETER OR SPAN . ~
UP TO AHO -- 41' 2'-0"
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PLAN VIEW . .
CUL VERT PIPE AND PIPE ARCH
2 Vall
END ELEVATION
PIPE ARCH
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NO.4 STŒI. _ORom IAIIS
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CÒHCRETE IlASON!Y EHOWAllS FOR
ClX.VERT PtI'E AND PIPE ARCH
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. STATE Of' WISCONSIN
DEPARTIoIEHT OF TRANSPORTATION
END ELEVATION
CULVERT PIPE
SIDE ELEVATION
CULVERT PIPE AND PIPE ARCH
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