RFP FP Upgrades Specifications.pdf

STANDARD SPECIFICATIONS

FOR

CITY OF OSHKOSH, WISCONSIN

2024 Specifications Page 1 of 2

City of Oshkosh

2024 Standard Specifications

Summary of Revisions

1. Revised Section 100.62.1.B.5, changed to eighteen inches (18”) in length.

2. Revised Section 100.70.2.10.A, added DRYLOK Powdered Waterproofer with DRYLOK Latex

Bonding Agent.

3. Added Section 1000.2.14, Limbing of Trees.

4. Added Section 1000.3.1.3, Measurement of Limbing Existing Trees.

5. Revised Section 1000.4.1, added Bid Item #1012.

6. Added Section 1000.4.5, Payment of Bid Item #1012.

7. Revised Section 1100.2.1.1.1, changed to five inches (5”) thickness.

8. Added Section 1300.4.1, Concrete Cylinder Testing.

9. Revised Table 460-3 in Section 1900.5.4.1 to add percent of target maximum density for mixture type SMA for upper layer of traffic lanes, and shoulders and appurtenances.

10. Revised Section 1900.7.5, changed Hot-Mixed Cold Weather Paving to Hot Mixed Cold

Weather Paving Up-Charge.

11. Revised Section 1900.7.5, added that this Bid Item will cover the up-charge for cold weather asphalt paving and that Hot-Mixed Asphalt Cold Weather Paving Up-Charge will be paid in addition to the unit prices for HMA pavement.

12. Revised Section 1900.7.6, changed Asphaltic Cold Weather Paving to Asphaltic Cold Weather

Paving Up-Charge.

13. Revised Section 1900.7.6, added that this Bid Item will cover the up-charge for cold weather asphalt paving and that Hot-Mixed Asphalt Cold Weather Paving Up-Charge will be paid in addition to the unit prices for HMA pavement.

14. Revised Section 1900.8.1, revised Bid Items #1903 and #1918.

15. Added Section 1970.3.4, added reference to installation and removal of Bid Item #1985.

16. Revised Section 2000.5.2.1, added reference to providing and installing end section grates.

17. Revised Section 2000.5.1, added Bid Item #2190.

18. Revised Section 3700.3.4.1, added reference that all sewer structures, which are connected to each end of a televised sewer section, shall be included within at least one (1) televised sewer section video for all sewer sections fully surveyed from end to end.

19. Revised Section 3700.5.1, added Bid Items #3701 and #3702.

20. Added Section 3700.5.3.2, Payment for Lateral Launch and Setup.

21. Added Section 3700.5.3.3, Payment for Lateral Televising.

22. Added Section 3700.5.3.4, Marking Location of Laterals for Surveying.

23. Added Section 3900.2.1.A, Control of Vapors, Fumes, and Suspended Particulates from

Installation and Curing Process of CIPP.

24. Added Section 3900.2.4.L, added ASTM F-2561-20.

25. Added Section 3900.2.4.M, added ASTM F-1216-22.

26. Added Section 3900.2.4.N, added ASTM D-5813-04.

27. Added Section 3900.2.4.O, added ASTM F-2599.

28. Added Section 3900.3.2.3.D, Air Monitoring.

29. Added Section 3900.4.1.2, Measurement of CIPP Sanitary Sewer Lateral Connection Liner and

“Top Hat” Sewer Lateral Connection Liner.

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30. Added Section 3900.4.1.3, Measurement of Sanitary Sewer Intruding Lateral Connection

Removal.

31. Revised Section 3900.5.1, added Bid Items #3980, #3981, and #3985.

32. Added Section 3900.5.2, Payment for Sanitary Sewer Lateral Connection Liner and “Top Hat”

Sewer Lateral Connection Liner.

33. Added Section 3900.5.3, Payment for Sanitary Sewer Intruding Lateral Connection Removal.

34. Added Section 3900.5.4, Air Quality Measurement Testing.

35. Added Section 3900.6, Sanitary Manhole Chemical Protection Coating.

36. Added Section 3900.7, Measurement.

37. Added Section 3900.8, Payment.

38. Revised Section 5400.5.1, added Bid Items #5404, #5414, #5450, #5452, #5454, #5456, #5460, #5470, #5472, #5474, #5476, #5480, #5482, #5484, #5486, #5488, #5490, and #5492.

39. Revised Section 5400.5.1, deleted Bid Item #5458.

40. Revised Section 5400.5.1, revised Bid Items #5410 and #5421.

41. Revised Section 5500.5.1, added Bid Items #5503, #5505, #5512, and #5514.

42. Added Standard Detail Drawing 21A Concrete Bases, Types 1, 2, and 5.

43. Added Standard Detail Drawing 21B Concrete Base Details.

44. Added Standard Detail Drawing 49A Type 9 Pole, 15’ – 30’ Monotube Arm.

45. Added Standard Detail Drawing 49B Type 9 Special Pole, 35’ Monotube Arm.

46. Added Standard Detail Drawing 49C Type 10 Pole, 15’ – 30’ Monotube Arm.

47. Added Standard Detail Drawing 49D Type 10 Special Pole, 35’ Monotube Arm.

2024 Specifications Page 1 of 7

TABLE OF CONTENTS

General Conditions

100.1 Scope of Work

100.2 Character of Work and Workers

100.3 Site Investigation and Representations

100.4 Contract Documents

100.5 Intent of Contract Document

100.6 Assignment of Contract

100.7 Subcontractors

100.8 Other Contracts

100.9 Definitions

100.10 Contract Surety

100.11 CONTRACTOR’s Insurance

100.12 Proof of Carriage of Insurance

100.13 Work Hours

100.14 Minimum Wage Scale

100.15 Safety

100.16 Plans and Specifications

100.17 Drawings

100.18 Shop Drawings

100.19 Rules & Regulations

100.20 Permits, Surveys, and Compliance With Laws

100.21 Notifications and Permits

100.22 Conflicts

100.23 Points and Instructions

100.24 Unauthorized Work

100.25 Use of Job Site

100.26 Street Damage and Cleanup

100.27 Erosion and Sediment Control

100.28 Sewer and Water Requirements

100.29 Trench Dewatering

100.30 Dewatering

100.31 Dust Control

100.32 Supervision

100.33 ENGINEER’s Authority

100.34 Authority and Duties of Inspector

100.35 Material and Workmanship

100.36 Inspection and Testing

100.37 Extra, Additional, or Omitted Work Payment

100.38 Incidentals Absorbed

100.39 CONTRACTOR’s Responsibility For Damaged Work

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100.40 Cutting and Patching

100.41 Delays

100.42 Suspension of Work

100.43 Termination for Breach

100.44 OWNER’s Right to do Work

100.45 Liquidated Damages

100.46 Payment

100.47 CITY’s Right to Withhold Certain Amounts and Make Application

Thereof

100.48 No Third Party Beneficiaries

100.49 Correction of Work After Final Payment

100.50 Use of Completed Portions

100.51 Patents and Trade Secrets

100.52 Pre-Construction Conference and Progress Meetings

100.53 Maintenance of Traffic

100.54 Maintenance of Pedestrian Walkways and Gutters

100.55 Removal and Abandonment of Manholes and Inlets

100.56 Manholes, Inlets, and Sewers to be Kept Clean

100.57 Drives and Entrances

100.58 Concrete Pavement Curing Compounds

100.59 Asphalt placed before April 15th or after November 1st

100.60 Property Irons

100.61 Trench Backfill for Utility Work

100.62 Surface Restoration for Utility Work

100.63 Terrace Trees

100.64 Mailboxes

100.65 City Street Signs and Painting

100.66 Excavated Material

100.67 Confined Space Entry Policy

100.68 Backfill around Private Utilities

100.69 Excavation and Backfilling for Cast-In-Place Reinforced Concrete

Structures

100.70 Cast-In-Place Reinforced Concrete Structures

100.71 Utility Locates

100.72 Buy American

100.73 Notice to Proceed

100.74 Substantial Completion

100.75 Punch Lists

100.76 Project Closeout

100.77 Railroad Insurance

100.78 Experimental Aircraft Association (EAA) Air Venture

100.79 Stamping Concrete Placed in Right-of-Way

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100.80 Pavement Ties for Concrete Pavement Deductions

100.81 Late Night Sawing of Concrete Pavement

100.82 Designated Haul Routes

100.83 Construction Access Agreement

100.84 Slip-Form Paving

100.85 As-Built Invert Elevations

100.86 Prequalification

100.87 Lending of Water Distribution Parts Inventory

100.88 Joint Sealing for Concrete Pavement Patches

100.89 Coordination of Private-Side Water Services Replacement

Notice to Proceed

Certificate of Substantial Completion

Certificate of Final Completion

Partial Waiver of Lien

Final Waiver of Lien

List of Subcontractors and Suppliers

Bid Bond

Payment Bond

Performance Bond

General Paving Specifications

500…Salvaged Crushed Concrete Credit

900…General Concrete Street Pavement Construction

Paving Specifications

1000…Clearing and Grubbing

1050…Mobilization

1100…Removals

1200…Excavation

1250…Excavation Special and Bentonite Slurry Dams

1300…Concrete Pavements

1350…Concrete Pavement Core Hole Patching

1400…Concrete Curb, and Curb and Gutter

1500…Concrete Sidewalks, Driveways, Ramps, and Steps

1600…Trees

1650…Locate and Replace Existing Property Monuments

1700…Saw Cutting

1800…Base Courses

1900…Asphaltic Pavements

1950…Asphaltic Pavement Milling

1955…Asphaltic Pavement Pulverizing

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1960…Prepare Foundation for Asphaltic Paving

1970…Pavement Markings

Storm Sewer Specifications

2000…Storm Sewer Pipes

2100…Not Used

2200…Storm Sewer Structures

2300…Storm Sewer Casing Pipes

2400…Storm Sewer Laterals

2500…Erosion and Sediment Control

2600…Site Restoration

2700…Storm Sewer Testing

2750…Storm Sewer Rock Excavation

2800…Storm Sewer Abandonments

2850…Storm Sewer Connections

2900…General Site Work

Sanitary Sewer Specifications

3000…Sanitary Sewer Pipes

3100…Sanitary Sewer Manholes and Chimney Seals

3200…Sanitary Sewer Laterals

3300…Sanitary Sewer Connections

3400…Sanitary Sewer Casing Pipes – Trenchless and Open Cut Methods

3500…Not Used

3600…Sanitary Sewer Rock Excavation

3650…Crack and Damage Survey

3700…Sanitary Sewer Testing

3800…Sanitary Sewer Abandonments

3900…Sanitary Sewer System Trenchless Rehabilitation

Water Main Specifications

4000…Water Main Pipes, Water Services, Connections, and Corporation and Stop

Boxes

4100…Water Main Fittings: Tees, Crosses, Bends, Caps, Reducers, Enlargers, Sleeves, and Plugs

4200…Not Used

4300…Not Used

4400…Water Main Gate Valves, Cut-In Valves, and Tapping Valves and Sleeves

4500…Hydrants

4600…Water Valve Manholes

4700…Water Main Casing Pipes – Trenchless and Open Cut Methods

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4800…Water Main Rock Excavation

4900…Water Main Abandonments/Removals and Miscellaneous Construction

Electrical Specifications

5000…Electrical Structures

5100…Electrical Conduit

5200…Electrical Wiring/Fiber

5300…Not Used

5400…Lights

5500…Bases

5600…Not Used

5700…Not Used

5800…Guard Posts

Sidewalk Ordinance

Standard Detail Drawings

1…Concrete Paving Details: Welded Steel Wire Fabric Detail, Typical Driveway

Detail, Pavement Transition Slab, Section View of Typical Driveway, Curb and

Gutter End Section, Inlet Casting, and Transverse Expansion Joint Detail

2…Concrete Paving Details: Typical Intersection Joint Detail, Railroad Header Detail, Typical Centerline Manhole Detail, and Typical Asphaltic Transition Detail

3A…Concrete Paving Details: Transition Curb and Gutter Section Detail and

Proposed Concrete Step Detail

3B…Concrete Paving Details: Speed Hump w/ Raised Gutter Detail and Speed

Hump w/ Flow-Thru Gutter Detail

4…Curb Ramps: Types 1 and 1-A

5…Curb Ramps: Types 2, 2 Modified, and 3

6…Curb Ramps: Type 4A

7…Curb Ramps: Type 4B

8…Curb Ramps: Types 5, 6, 7A, 7B, and 8

9…Non-Reinforced Concrete Pavement

10…Concrete Pavement Longitudinal Joints: Construction Joint Detail, Sawed Joint

Detail, Location of Tie Bars Detail, and Detail “A”

11…Concrete Paving Details: Sidewalk Curb, Type “B” Curb Detail, 4” Sidewalk with False Curb Detail, Standard Curb and Gutter Repair, Standard 30” Curb and Gutter, 36” Mountable Concrete Curb & Gutter, Typical Tie Bar Location, 18” Concrete Curb & Gutter, Concrete Curb & Gutter 30”, Reverse Slope Gutter, and Integral Curb Detail

12…Concrete Pavement Joint Types

13A…Concrete Paving Details: Concrete Pavement Repair and Replacement

13B…Concrete Paving Details: Concrete Pavement Repair and Replacement

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13C…Concrete Paving Details: Concrete Pavement Repair and Replacement

14…Concrete Paving Details: Hot Mix Asphalt Trench Patching

And Typical Asphalt Patch over Concrete Base

15A…Erosion Control Details: Inlet Protection – Types A, B, C, and D

15B…Erosion Control Details: Inlet Protection – Type D “Modified”

16…Erosion Control Details: Silt Fencing and Ditch Checks

17…Dewatering Tank Detail: Sediment Control – Tank Dewatering

18…Storm Sewer Details

19…Sanitary Sewer Details

20…Water Main Details

21A…Concrete Bases: Types 1, 2, and 5

21B…Concrete Bases: Type 2 Modified Detail

22…Conduit

23…Pull Box

24…Loop Detector Placed in Crushed Aggregate Base

25…Communication Vault Details

26A…External Manhole Chimney Seal with Extensions – Precast

26B…Internal Manhole Chimney Seal – Brick

26C…Internal Manhole Chimney Seal with Extensions – Precast

27A…Urban Doweled Concrete Pavement

27B…Rural Doweled Concrete Pavement

27C…Rural Doweled Concrete Pavement (continued)

28…Marker Ball Detail

29…Sidewalk Patch Detail

30…Go–No Go Mandrel for Plastic Pipe

31…Low Pressure Air Test Detail

32…Erosion Control Detail: Tracking Pad Detail

33A…Erosion Control Detail: Turbidity Barrier Placement Details

33B…Erosion Control Detail: Turbidity Barrier Detail Showing Typical Placement at

Structures

34A…Erosion Control Detail: Erosion Mat Slope Installation Detail

34B…Erosion Control Detail: Shoreline/Streambank Erosion Mat Installation Detail

34C…Erosion Control Detail: Channel Erosion Mat Installation Detail

34D…Erosion Control Detail: Erosion Mat Staple Pattern Guide

35…Cleanout Detail

36…Aquatic Planting Details

37…Guard Post Detail

38…Cabinet Service Installation (Meter Breaker Pedestal)

39…Concrete Control Cabinet Bases

40…Concrete Control Cabinet Base, Type 9, Special

41…Lighting Control Cabinet 120/240 Volt

42…Transformer/Pedestal Bases

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43…Traffic Signal Standard Poly Bracket Mountings (Typical), 13 ft. or 15 ft.

44…Traffic Signal Standard Pedestrian and Flasher Typical Mounting Details

45…Pole Mountings for Traffic Signals, Type 2

46…Hardware Details for Pole Mountings

47…Non-Freeway Lighting Unit Pole Wiring

48…Pull Box, Non-Conductive

49A…Type 9 Pole, 15 – 30’ Monotube Arm

49B…Type 9 Special Pole, 35’ Monotube Arm

49C…Type 10 Pole, 15’ – 30’ Monotube Arm

49D…Type 10 Special Pole, 35’ Monotube Arm

50…Concrete Base, Type 10

51…Concrete Base, Type 13

52…Concrete Base, Type 13

Designated Truck Routes

Permit Jurisdiction and Streets Required to Remain Open

GENERAL CONDITIONS

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TABLE OF CONTENTS

100.1 Scope of Work

100.2 Character of Work and Workers

100.3 Site Investigation and Representations

100.4 Contract Documents

100.5 Intent of Contract Document

100.6 Assignment of Contract

100.7 Subcontractors

100.8 Other Contracts

100.9 Definitions

100.10 Contract Surety

100.11 CONTRACTOR’s Insurance

100.12 Proof of Carriage of Insurance

100.13 Work Hours

100.14 Minimum Wage Scale

100.15 Safety

100.16 Plans and Specifications

100.17 Drawings

100.18 Shop Drawings

100.19 Rules and Regulations

100.20 Permits, Surveys, and Compliance With Laws

100.21 Notifications and Permits

100.22 Conflicts

100.23 Points and Instructions

100.24 Unauthorized Work

100.25 Use of Job Site

100.26 Street Damage and Cleanup

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100.27 Erosion and Sediment Control

100.28 Sewer and Water Requirements

100.29 Trench Dewatering

100.30 Dewatering

100.31 Dust Control

100.32 Supervision

100.33 ENGINEER’s Authority

100.34 Authority and Duties of Inspector

100.35 Material and Workmanship

100.36 Inspection and Testing

100.37 Extra, Additional, or Omitted Work Payment

100.38 Incidentals Absorbed

100.39 CONTRACTOR’s Responsibility for Damaged Work

100.40 Cutting and Patching

100.41 Delays

100.42 Suspension of Work

100.43 Termination for Breach

100.44 OWNER’s Right to Do Work

100.45 Liquidated Damages

100.46 Payment

100.47 CITY’s Right to Withhold Certain Amounts and Make Application Thereof ... 25

100.48 No Third Party Beneficiaries

100.49 Correction of Work After Final Payment

100.50 Use of Completed Portions

100.51 Patents and Trade Secrets

100.52 Pre-Construction Conference and Progress Meetings

100.53 Maintenance of Traffic

100.54 Maintenance of Pedestrian Walkways and Gutters

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100.55 Removal and Abandonment of Manholes and Inlets

100.56 Manholes, Inlets, and Sewers to be Kept Clean

100.57 Drives and Entrances

100.58 Concrete Pavement Curing Compounds

100.59 Asphalt Placed Before April 15th or After November 1st

100.60 Property Irons

100.61 Trench Backfill For Utility Work

100.62 Surface Restoration for Utility Work

100.63 Terrace Trees

100.64 Mailboxes

100.65 City Street Signs and Painting

100.66 Excavated Material

100.67 Confined Space Entry Policy

100.68 Backfill Around Private Utilities

100.69 Excavation and Backfilling for Cast-In-Place Reinforced Concrete Structures .. 37

100.69.1 Materials

100.69.2 Filter Fabric

100.69.3 Sheeting, Shoring, and Bracing

100.69.4 Fill Usage

100.69.5 Excavation

100.69.6 Placing Fill

100.69.7 Adjustment and Cleaning

100.70 Cast-In-Place Reinforced Concrete Structures

100.70.1 Quality Assurance

100.70.2 Project Site Conditions

100.70.3 Materials

100.70.4 Concrete Mix Design

100.70.4.1 Class A Concrete

100.70.4.2 Class B Concrete

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100.70.4.3 Concrete Usage

100.70.5 Mixing and Delivery

100.70.6 Reinforcement Placement

100.70.7 Forms

100.70.8 Subgrade Preparation

100.70.9 Placing Concrete

100.70.10 Waterstops

100.70.11 Embedded Items

100.70.12 Repair of Surface Defects

100.70.13 Finishing Slabs and Flatwork

100.70.14 Finishing Formed Concrete

100.70.15 Protection and Curing

100.70.16 Removal of Forming and Shoring

100.71 Utility Locates

100.72 Buy American

100.73 Notice to Proceed

100.74 Substantial Completion

100.75 Punch Lists

100.76 Project Closeout

100.77 Railroad Insurance

100.78 Experimental Aircraft Association (EAA) Air Venture

100.79 Stamping Concrete Placed in Right-of-Way

100.80 Pavement Ties for Concrete Pavement Deductions

100.81 Late Night Sawing of Concrete Pavement

100.82 Designated Haul Routes

100.83 Construction Access Agreements

100.84 Slip-Form Paving

100.85 As-Built Invert Elevations

100.86 Prequalification

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100.87 Lending of Water Distribution Parts Inventory

100.88 Joint Sealing for Concrete Pavement/Patches

100.89 Coordination of Private-Side Water Service Replacement

Notice to Proceed

Certificate of Substantial Completion

Certificate of Final Completion

Partial Waiver of Lien

Final Waiver of Lien

List of Subcontractors and Suppliers

Bid Bond

Payment Bond

Performance Bond

2024 Specifications Page 1 of 58

SECTION 100

GENERAL CONDITIONS

100.1 Scope of Work

1. The work that shall be done under this Contract consists of furnishing all labor, tools, equipment, machinery and appliances, and all materials, except where definitely specified to the contrary, for the purpose of providing the CITY with a finished project described in the Contract which is complete, in working order, and ready for its intended use.

2. The CONTRACTOR shall, for the price bid for all items under this Contract, do all work prescribed in these Specifications; shall make the required excavation for the specified work; shall do all ditching and diking, pumping, bailing and draining, and all sheeting and shoring; make all provisions necessary to maintain and protect all buildings, walls, fences, trees, water pipes, conduits, sewers, railings, railways, and other structures; shall repair all damages occurring to same during the progress of the work; shall provide all bridges, fences, and other means of maintaining travel on intercepting streets, roads, railroads, alleys, and public places, and on streets, alleys, and roads on which trenches are excavated, after giving due notice to parties affected thereby; shall maintain the same in good condition so long as may be necessary; shall then remove such temporary expedients and restore such ways to their proper conditions; shall provide watchmen, fences, red lights, and all other precautionary measures for protection of persons and property; shall refill all trenches and do all repaving and repairing of streets disturbed by this work as herein provided; shall furnish all materials and tools, implements, and transportation required to build and put in complete working order the Contract awarded to the CONTRACTOR and shall do each and all to the satisfaction of the ENGINEER; shall timber all railroads; and shall remove all tree roots, timber and masonry structures, and other obstacles, whether shown on the Plans or not, by reason of being underground, or otherwise and no extension of other work shall be allowed for delay or expense occurred by any of the above.

100.2 Character of Work and Workers

1. The work that shall be done under this Contract shall be performed in the best and most workmanlike manner in strict accordance with the approved Plans and Specifications.

2. CONTRACTOR’S Employees, Agents, and Subcontractors:

A. The CONTRACTOR shall, at all times, enforce strict discipline and good order among personnel, subcontractors, and others employed on the work, and shall not employ on the work any unfit person or anyone not skilled in the work assigned.

B. All supervisors and workers shall have sufficient skill and experience to properly perform the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment and tools required to perform all work properly and satisfactorily.

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C. If any person employed on the work by CONTRACTOR, including employees, agents, subcontractors, suppliers, and vendors, shall refuse or neglect to obey the directions of the

ENGINEER, as to quality of work, character of the work, or quality of the materials, or be so incompetent or disorderly as to endanger the proper fulfillment of this Contract, such person shall, upon the written order of said ENGINEER, be at once removed from the project and not again employed on any part of the work.

D. If any person employed on the work by CONTRACTOR, including employees, agents, subcontractors, suppliers, and vendors, willfully, negligently, or ignorantly fails to perform any of the duties or assignments or is disobedient or abusive and disrespectful to a fellow employee or to the OWNER or ENGINEER or anyone associated with OWNER or

ENGINEER, then such person shall, upon written order of the ENGINEER, be at once removed from the project and not again involved in any part of the work.

E. Should any CONTRACTOR fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the

ENGINEER may suspend the work by written notice until such orders are complied with.

Any suspension of work due to these or similar circumstances will not extend the time allowed for completion of the project.

F. Any person previously discharged by order of ENGINEER from work on any City Contract shall not be permitted to work on this project without first obtaining permission from the

ENGINEER.

3. The CONTRACTOR shall work in harmony with other contractors and with utility or City forces engaged in collateral work. They shall arrange their operations to prevent interference or damage to the work of others. In case of dispute, the decision of the ENGINEER shall be final and binding upon the parties affected.

100.3 Site Investigation and Representations

1. The CONTRACTOR acknowledges it is satisfied as to the nature and location of the work and the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed for and during the prosecution of the work and all other matters upon which information is reasonably obtainable and which can in any way affect the work or the cost thereof under this Contract.

The CONTRACTOR further acknowledges that it is satisfied as to the character, quality, and quantity of surface and subsurface materials to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, as well as from information presented by the Drawings and Specifications made a part of this Contract. Any failure by the

CONTRACTOR to acquaint itself with all the available information will not relieve him/her from responsibility for estimating properly the difficulty or cost of successfully performing the work. The CITY assumes no responsibility for any understanding or representations made by any of its officers or agents during or prior to the execution of this Contract, unless: (1) such understanding or representations are expressly stated in the Contract; and (2) the Contract

2024 Specifications Page 3 of 58 expressly provides that the responsibility thereof is assumed by the CITY. Representations made, but not so expressly stated and for which liability is not expressly assumed by the CITY regarding the Contract, shall be deemed only for the information of the CONTRACTOR.

100.4 Contract Documents

1. Unless otherwise excluded in writing, the Contract documents for the work shall consist of the

Official Notice to Contractors; Instructions to Bidders; Standard Specifications for City of Oshkosh, Wisconsin; Special Conditions; Contract; Insurance Requirements; Bond; CONTRACTOR's

Proposal; Plans and Addenda; and provisions which may apply to contractors and subcontractors for a particular project.

2. The General Conditions describe the conditions under which the CITY expects the project will proceed and will apply to all contractors performing work at the site. The CONTRACTOR shall ensure all of its employees, agents, subcontractors, suppliers, and vendors at the site perform the necessary work as required and to conduct themselves accordingly. Provisions herein contained that do not apply to a particular Contract shall be disregarded, but only upon the written approval of the ENGINEER after the CONTRACTOR has brought the particular issue to the ENGINEER’s attention.

100.5 Intent of Contract Document

1. The Contract documents are complimentary, and what is called for by any one shall be as binding as if called for by all. The intention of this Contract document is to include in the

Contract price, without limitation, all labor, material, equipment, lighting, power sources, transportation, incidentals, contingencies, overhead, profit, and all other expenses as may be necessary for the proper execution of the work.

2. In interpreting the Contract documents, words describing materials or work which may have a well-known technical or trade meaning, unless otherwise specifically defined in the Contract documents or reasonably inferred through reviewing the documents as a whole, shall be construed in accordance with such well known meaning recognized by architects, engineers, and the trade.

100.6 Assignment of Contract

1. The CONTRACTOR shall not assign this Contract or any part thereof, or monies due or to become due hereunder, without the written consent of the CITY. The CITY shall have no obligation to approve any assignment of this Contract. In the event that the CITY may wish to agree to an assignment, the CITY may, at its sole discretion, require the incorporation of any term it believes is necessary for the public interest.

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100.7 Subcontractors

1. The CONTRACTOR shall not subcontract any work performed or any materials to be furnished in the performance of this Contract without the written notification to, and consent of, the CITY.

If the CONTRACTOR shall sublet any part of this Contract, the CONTRACTOR shall be as fully responsible to the CITY for acts and omissions of their subcontractor and of the persons either directly or indirectly employed by the subcontractor, as if they were the acts and omissions of the CONTRACTOR’s employees, agents, and representatives.

2. The CONTRACTOR shall provide a complete list of all subcontractors and materials provided for written approval by the CITY. This list shall be provided to the CITY within three (3) business days of the bid opening and subject to approval by the CITY prior to the award of the

Contract. In the event the CONTRACTOR changes subcontractors at any time during the project, the new subcontractor cannot perform any work on the project until the CONTRACTOR notifies the CITY in writing of this change and receives written approval of the change from the

CITY. The ENGINEER shall have the authority to stop all work on the project immediately and without notice upon identifying any previously-unapproved subcontractor at the work site.

CONTRACTOR shall not be eligible for any extension of time to complete the project for delays caused by unapproved subcontractors at the work site (see Attachment A of the Proposal).

100.8 Other Contracts

1. The CITY may award other Contracts for additional work on the same, related, or adjoining projects, and the CONTRACTOR shall fully cooperate with such other contractors and carefully fit in its own work to that provided under other Contracts as may be directed by the CITY. The

CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor.

100.9 Definitions

1. CITY, MUNICIPALITY, BOARD, DISTRICT, or OWNER shall be understood to mean the City of Oshkosh, Wisconsin, represented by its Board of Public Works.

2. ENGINEER shall be understood to mean the City Engineer of the City of Oshkosh, Wisconsin, or any person designated by the City Engineer to perform a particular task. The ENGINEER shall have the full decision-making authority on behalf of the CITY as described or reasonably implied in this Contract.

3. ATTORNEY shall be understood to mean the Attorney for the City of Oshkosh, Wisconsin.

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4. SURETY shall be understood to mean the person or corporation, which is bound with the

CONTRACTOR (who is primarily liable), who engaged to be responsible for payment of all debts pertaining to the Contract and for an acceptable performance of the work for which they has contracted.

5. CONTRACTOR shall be understood to mean the person, firm, or corporation entering into a

Contract with the CITY for the work described herein.

6. PLANS shall be understood to mean all drawings or reproductions of drawings, including profiles, sections, and sketches which have been made for the purpose of representing the work to the CONTRACTOR, all of which are to be considered a part of the Contract. PLANS and

DRAWINGS are used synonymously.

7. “OR EQUAL”, whenever, in any part of the Contract documents, an article, material, or equipment is defined by a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal", if not inserted, shall be implied. The specific article, material, or equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such manner as to exclude manufacturer's products of comparable quality, design, and efficiency. The ENGINEER shall have the sole discretion to make this determination. The CONTRACTOR shall comply with the requirements of the Contract documents relative to the CITY's approval of materials and equipment before they are incorporated in the project.

8. "NOTICE", where in any of the Contract documents there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given: as to the CITY – when written notice shall be delivered to the ENGINEER of the CITY, or shall have been placed in the

United States mail addressed to the Clerk or Secretary of the CITY at the place where the bids or proposals for the Contract are opened; as to the CONTRACTOR – when a written notice shall be delivered to the chief representative of the CONTRACTOR at the site of the project or by mailing such written notice in the United States mail addressed to the CONTRACTOR at the place stated in the papers prepared by him to accompany his proposal as the address of his permanent place of business; and as to the Surety of the Performance Bond – when a written notice is placed in the United States mail addressed to the SURETY at the home office of such surety or to its agent or agents who execute such Performance Bond in behalf of such surety.

9. "SUBSTANTIALLY COMPLETED WORK" is understood to mean the time at which the

CONTRACTOR has completed all Contract Bid Items and change order work, except punch list and clean-up work. Assessment of Contract time will be stopped by the ENGINEER at this point. As applicable, the following must have occurred:

A. All lanes of traffic are open on a finished surface.

B. All permanent signage and traffic control devices are in place and operating.

C. All drainage, erosion control, excavation, and embankments are completed.

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10. “COMPLETED AND ACCEPTED AS FINAL” is understood to mean the time at which the

ENGINEER determines that the project is Completed and Accepted as Final. The CITY may, at its discretion, identify parts, portions, or sections of a project as Completed and Accepted as

Final before the project as a whole is Completed and Accepted as Final. The ENGINEER will give the CONTRACTOR written notice of final acceptance effective on the date of the final inspection. If the CONTRACTOR has not submitted the required documents or materials tests are not complete at the time of the final inspection, the ENGINEER will grant conditional acceptance subject to receipt of the required documents and satisfactory test reports. Failure to discover defective work or materials at the time of the final inspection does not prevent the CITY from rejecting defective work once it is discovered. The CITY may revoke its final acceptance if the CITY discovers defective work after it has accepted the work.

11. “STATE SPECIFICATIONS” is understood to mean the “State of Wisconsin Standard Specifications for Highway and Structure Construction”, current edition at the time of bid opening, including all

Supplemental Specifications.

12. “STANDARD DETAILS” is understood to mean the “City of Oshkosh Standard Detail Drawings” as included in the Standard Specifications for City of Oshkosh, Wisconsin in effect at the time of bid opening.

100.10 Contract Surety

1. The CONTRACTOR shall furnish a Bid Bond, Performance Bond, and Payment Bond on forms required by the CITY. Copies of these forms are enclosed at the end of Section 100. The amount of the Bid Bond shall be as required by State Statute. The Performance and Payment

Bonds shall be in an amount not less than 100 percent (100%) of the Contract price as surety for the faithful performance of this Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. The term of the Performance Bond shall extend for a period of two (2) years after the project is Completed and Accepted as Final by the CITY to provide security to the CITY for the purpose of carrying out work required to fulfill the CONTRACTOR’S Warranty obligations.

100.11 CONTRACTOR’s Insurance

1. CONTRACTOR shall carry all insurance required by the CITY’s standard insurance requirements. The CITY’s insurance requirements will vary based upon the specific type of project. The CITY’s specific insurance requirements will be identified in the Project

Specifications. All of the CITY’s insurance requirements can be viewed on the CITY’s website, https://www.ci.oshkosh.wi.us/CityOfOshkoshInsuranceRequirements.pdf. A copy can also be provided upon request from the Department of Public Works.

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100.12 Proof of Carriage of Insurance

1. The CONTRACTOR shall furnish the CITY with satisfactory proof of carriage of the insurance required before the CONTRACTOR will be allowed to begin any work on the project.

100.13 Work Hours

1. Normal work week for the CONTRACTOR shall be five days a week, Monday through Friday.

Normal working hours for the Engineering Division of the Department of Public Works field employees are 7:00 a.m. – 5:00 p.m., Monday through Friday. If the CONTRACTOR wishes to work hours other than these normal hours, he shall obtain written approval from the

ENGINEER two (2) days in advance of such work. No work will be allowed on a Holiday observed by the City of Oshkosh. Should an observed holiday fall on a Friday or Monday, no work will be allowed on the adjacent weekend. The CONTRACTOR shall notify adjacent property owners when construction activity is anticipated to occur beyond normal work hours, including saw cutting concrete pavement after 10:00 p.m.

2. Failure to comply with the provisions of this Section will result in liquidated damages of Two

Hundred Dollars ($200) per hour to the CONTRACTOR. All fractions of hours will be rounded up to the next whole hour.

3. The parties also recognize the actual loss suffered by the CITY if work hour conditions are not followed is difficult to prove in a legal proceeding. Accordingly, instead of requiring such proof, the CITY and CONTRACTOR agree that as liquidated damages for damages, but not as a penalty, CONTRACTOR shall pay to the CITY the above-listed charge per hour. In addition, if the CITY deems the non-scheduled work required unanticipated inspection services by the

CITY or ENGINEER, the CONTRACTOR shall reimburse the CITY for said costs. All work completed outside of approved working hours not documented by the CITY and/or ENGINEER is subject to non-acceptance by the CITY.

100.14 Minimum Wage Scale

1. 2015 Wisconsin Act 55 repealed the State prevailing wage law for local governmental units.

Therefore, the minimum wage scale no longer applies.

100.15 Safety

1. The CONTRACTOR shall be responsible for all OSHA safety requirements. Failure of the

CONTRACTOR to follow OSHA requirements may result in a stop work order from the CITY until the violation is corrected, or termination of the Contract, at the CITY’s option. The

CONTRACTOR shall not be entitled to any additional compensation, over the original Contract amount, or additional time to complete the project, for any delay resulting from a sanction pursuant to this section.

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2. Make all pipe trenches wide enough to provide free working space on each side of the pipe.

Preferably, this space shall not exceed one-half (½) the nominal diameter of the pipe, and shall not be less than six inches (6”). The required working space shall depend upon the size of the pipe and the character of the materials encountered in the excavation. Also, provide sufficient space between the pipe and the sides of the trench to allow for preparing the foundation, laying the pipe, and placing and compacting of the backfill.

3. CONTRACTOR shall contact Digger’s Hotline a minimum of three (3) working days prior to any activity that disturbs or penetrates the ground surface.

100.16 Plans and Specifications

1. The work shall be executed in strict conformity with the Plans and Specifications, and the

CONTRACTOR shall do no work without proper Drawings and Specifications.

100.17 Drawings

1. Unless otherwise provided in the Contract documents, the CITY will furnish the

CONTRACTOR, free of charge, copies of all Drawings and Specifications reasonably necessary to carry out the work.

100.18 Shop Drawings

1. The CONTRACTOR shall submit to the ENGINEER or ENGINEER's representative all shop or setting drawings and schedules required for the work. The CONTRACTOR shall make any corrections in the drawings required by the ENGINEER or ENGINEER's representative and resubmit same without delay.

2. All shop drawings for structures (manholes, inlets, etc.) shall include a “plan view”, a “section view”, and a list of materials (base section, riser sections, cone section adjustment, casting, etc.)

necessary to construct the structure in the field. Elevations shall be listed for rim and all pipe inverts, showing only a measurement from either the top or bottom of the structure is insufficient to allow for proper review of the drawings. Shop drawings not conforming to these requirements will be rejected by the ENGINEER without review.

3. The CONTRACTOR shall keep at the site of the work an approved or confirmed copy of the

Drawings and Specifications, and shall at all times give the ENGINEER access thereto.

4. Structures delivered to the site that do not comply with approved shop drawings will immediately be rejected by ENGINEER or ENGINEER’s representative.

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100.19 Rules and Regulations

1. The CONTRACTOR's attention is called to all conditions entering into the performance of this work, including the delivery point of all materials, hauling of materials, employment of labor, location of streets, state trunk highways, county highways, traffic conditions on these streets and highways, all laws of the state of Wisconsin and federal government, and ordinances and regulations of the CITY insofar as they may affect their operations.

100.20 Permits, Surveys, and Compliance With Laws

1. The CONTRACTOR shall pay for all permits, licenses, and fees necessary for the prosecution of the work unless otherwise specifically provided.

2. Where permit and/or plan approval is required, work shall not commence until such approvals are received and delays caused by not receiving said approval will not be the responsibility of the CITY.

3. Section 71.80 (16) of the Wisconsin Statutes provides that any nonresident of Wisconsin whether a corporation, partnership, or individual performing a construction contract in this state shall either file a bond with the Wisconsin Department of Taxation or deposit cash with the State

Treasurer to guarantee payment of Wisconsin Income Tax on the net income derived from the contract if the contract equals or exceeds Fifty Thousand Dollars ($50,000) in amount. This bond must be filed or deposit made within sixty (60) days of the date on which construction begins.

100.21 Notifications and Permits

1. Notice to Proceed: The ENGINEER will notify the CONTRACTOR of the date to commence work covered by the Contract. Upon receipt of such notice, the CONTRACTOR shall comply with all notice requirements set forth below and in the Specifications. No work shall be started under the Contract and no materials or equipment shall be brought upon the site of the work prior to the date named in the ENGINEER’s written notice to proceed with the work. The

CONTRACTOR shall commence work within fourteen (14) calendar days of the date specified in the Notice.

2. Notice to Police and Fire Departments: The CONTRACTOR shall give notice in writing to the

Fire Department, Police Department, and Winnebago County 911 Operator at least three (3) days before excavating in or obstructing traffic on any City street. If County Trunk Highways, State

Trunk Highways, or U.S. Highways are involved, three (3) days written notice shall be given to the County Sheriff, County Highway Commissioner, and State Highway Commission.

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3. Notice to Railroad: The CONTRACTOR shall send by registered mail a notice to the district or division engineer or persons in charge of operations of trains for any railroad at least ten (10) days prior to doing any work in the right-of-way of any track zone. They shall ascertain the schedule of all trains and shall comply with all rules and regulations requested by the Railroad

Company.

4. Notice to Transit: The CONTRACTOR shall send notice to the Transportation Director at least ten (10) days prior to performing any work that impacts a bus route. Bus route maps can be obtained from: http://www.ci.oshkosh.wi.us/Transit/routes_and_times.htm.

5. Permits: The CONTRACTOR shall take out, at their own expense, all permits and licenses required by the State, the County, or by any contiguous governmental units for the performance of the work that the CITY has not already obtained or is in the process of obtaining. Any fees for obtaining required City permits, for work included in the Contract that is paid for by the

City, will be paid for by the CITY.

6. Permit for Storage of Materials: When the CONTRACTOR finds it necessary to store materials on a street beyond the confines of the work site, they must obtain the required permit(s).

7. City Contracts only include work within the CITY’s right-of-way or easements. Any work performed by the CONTRACTOR outside of the Contract’s (i.e. work paid for by others) construction limits or outside of the CITY’s right-of-way or easements may require obtaining permits from the CITY’s Inspection Department, per the Municipal Code of the City of Oshkosh

(i.e. plumbing permits, building permits, electrical permits, etc.).

100.22 Conflicts

1. In the case of differences between the Drawings and Specifications, the Specifications shall govern. On all Plans and Drawings, figured dimensions shall govern in case of discrepancies between the scale and figures. The CONTRACTOR shall not take advantage of any error or omission in the Plans or of any discrepancy between the Plans and Specifications, but shall refer all such conditions to the ENGINEER. All interpretations of the Plans, as construed by the

ENGINEER, shall be considered final and binding on all parties involved.

2. Any verbal information obtained from or statement made by representatives of the Department of Public Works at the time of the examination of the Contract documents or the site for the purpose of bidding, which apparently corrects or in any way amends the Contract documents, shall be invalid. The CITY will not be responsible for such verbal information or statements.

Only such corrections and amendments to the Contract documents which are issued to all bidders as formal addenda shall become a part of the Contract. If any person contemplating the submission of a bid for the proposed Contract is in doubt as the true meaning of any part of the Plans, Specifications, or other Contract documents, they may submit to the ENGINEER a written request for an interpretation thereof.

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100.23 Points and Instructions

1. The CONTRACTOR shall provide reasonable and necessary opportunities and facilities to allow the ENGINEER to set points and make measurements, and shall provide ENGINEER with no less than two (2) working days of advance notice of such opportunity. The CONTRACTOR shall also provide ENGINEER with no less than two (2) working days to complete necessary work. They shall not proceed until they has made timely request upon the ENGINEER and has received from him/her such points and instructions as may be necessary as the work progresses. The work shall be done in strict conformity to such points and instructions. The

CONTRACTOR shall carefully preserve such marks, reference points, and stakes and in case of careless destruction, they shall be charged with the additional expense and shall be responsible for any mistakes that may be caused by such unnecessary loss or disturbances. The

CONTRACTOR shall furnish all tools, except engineering tools, necessary to stake out and properly lay out the work and, when requested to do so, furnish men to assist the engineering party in staking off the work.

2. The CONTRACTOR must bear sole responsibility for the correct transfer of all construction lines and grades from the primary lines and grade points. They shall take such measurements from existing work as may be necessary to insure the proper construction of their work.

100.24 Unauthorized Work

1. The CONTRACTOR will receive compensation only for work that is authorized and accepted by the CITY or ENGINEER. Unauthorized work includes, without limitation, work done without lines or grades or instructions from the ENGINEER or CITY, work done beyond the limits of this Contract as designated by the Plans, or work done beyond the project’s Plans without written authority. The CITY shall have the right, at its sole discretion, to order the unauthorized work to be removed or replaced at the CONTRACTOR's expense.

100.25 Use of Job Site

1. The CONTRACTOR shall confine their equipment, apparatus, storage of materials, and operations of their workmen to areas indicated by project scope, directions of the CITY, law ordinances, permits, or other permissions the CONTRACTOR may receive.

2. The construction limits and staging limits shall be contained within the project limits shown on the project Plans, unless otherwise approved by ENGINEER.

3. Do not disturb any area outside of project limits without written permission of the affected property owner or approval of ENGINEER. Prior to final payment, the CONTRACTOR shall provide to the CITY a signed statement from the owner of each property that has been disturbed in this manner stating that the cleanup and restoration is acceptable to that owner.

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4. Sanitary Regulations: The CONTRACTOR shall provide approved properly-sheltered sanitary conveniences for their employees and their use must be strictly enforced.

100.26 Street Damage and Cleanup

1. The CONTRACTOR shall be liable for any damage to streets caused by its operations. This includes any damage to the street, other than the necessary opening up of the streets for pipe installation or paving, and any damage which occurs beyond the construction limits or along haul routes.

2. The CONTRACTOR shall ensure a street sweeper is on site at EACH location where the

CONTRACTOR is working. The only acceptable means of sweeping the streets shall be a street sweeper. Broom attachments on skid steers, or other pieces of equipment are not acceptable.

3. The CONTRACTOR shall clean up all mud, gravel, or debris from any streets or haul routes, which were deposited by its operations. This includes streets being worked on as a part of the project. Streets shall be cleaned daily, or more often, if required.

4. The CONTRACTOR shall at all times keep the construction area free from an accumulation of rubbish and discarded materials caused by its employees or the project work. Upon completion of the work and before acceptance and final payment will be made, the CONTRACTOR shall remove all surplus and discarded materials, rubbish, and temporary structures from the construction area, as well as from adjacent property for which it is responsible. The

CONTRACTOR shall leave these areas in a neat and presentable condition.

5. The CONTRACTOR shall restore all property, both public and private, which has been damaged in performance of the work to an acceptable condition as determined by the CITY. Restoration shall be to a condition equivalent to or better than that which existed prior to the start of construction.

6. If the ENGINEER determines the final cleanup is unsatisfactory and this…