BID DOCUMENTS FOR DREDGING OF GARDEN VALLEY DAM IMPOUNDMENT GARDEN VALLEY PL-566 STRUCTURE 10 BUFFALO COUNTY, WISCONSIN

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1 BID DOCUMENTS FOR DREDGING OF GARDEN VALLEY DAM IMPOUNDMENT GARDEN VALLEY PL-566 STRUCTURE 10 BUFFALO COUNTY, WISCONSIN Prepared by: Buffalo County Land Conservation Department DECEMBER 2017

2 GARDEN VALLEY DAM IMPOUNDMENT DREDGING GARDEN VALLEY PL-566 STRUCTURE 10 BUFFALO COUNTY, WISCONSIN TABLE OF CONTENTS Contents No. of Pages BIDDING REQUIREMENTS Advertisement for Bids... 2 Instructions to Bidders... 3 Bid Form... 1 Certificate of Organization and Authority... 1 CONTRACTING REQUIREMENTS General Conditions... 8 Contract Agreement... 2 Notice of Award... 2 Notice to Proceed... 1 PROJECT DETAILS Construction Plans... 9 Wisconsin Construction Specifications Project Narrative (dated December 11, 2017)... 6 WDNR Dredging Permit Approval... 5 Sediment Sampling Information... 8 Site Photos... 6

3 ADVERTISEMENT FOR BIDS PROJECT: Dredging of Garden Valley Dam Impoundment Buffalo County Town of Belvidere, Buffalo County, WI BID DEADLINE: January 9, :00 a.m., Local Time NOTICE Sealed bids for the above project will be received by Buffalo County Land Conservation Department, Attn: Carrie Olson, Buffalo County Conservationist, Land Conservation Department, 4 th Floor, 407 S. 2 nd Street, Alma, WI until the Bid Deadline. Immediately thereafter, the bids will be publicly opened and read aloud. In general, the project consists of mechanically dredging 33,540 cubic yards of fill from the Garden Valley Dam Impoundment and hauling excavated fill to two disposal sites on the property. A voluntary pre-bid meeting to examine the project site will be held on December 20, 2017 at 10:00 a.m. Meet at the gated entrance to the project site. The site may also be accessed by potential bidders at any time throughout the bidding period by foot-traffic. The gated entrance will remain locked to prevent vehicular access to the site. A single prime bid will be received for the work. NOTICE OF ADDITIONAL WORK AT SITE UNDER SEPARATE CONTRACT This section of the advertisement for bids is provided for information only. Ayres Associates is providing engineering services for Buffalo County, and is bidding a nearby project ( Garden Valley Dam Repairs ) concurrently with this project. Bid information, plans, and specifications for that project can be examined at Builders Exchanges in Eau Claire, La Crosse, Wausau, Duluth, Minneapolis, and Rochester. Bidding documents may also be obtained in PDF electronic format by download from the Quest Construction Data Network website, accessible via by clicking on the "Bidding" link, for a non-refundable fee of $ Potential bidders are encouraged to bid on both projects. The bid timeframe and bid opening dates are on a similar schedule. Pre bid meeting for the projects will be held at the same time. BID SECURITY Bids must be accompanied by bid security in the amount of 5% of the maximum bid amount. Bid and bid security may not be withdrawn for a period of 45 days after the Bid Deadline. Bid security will be retained if the Bidder is awarded the Work and fails to execute the Agreement and furnish 100% Performance and Payment Bonds. QUALIFICATIONS If requested, the apparent low bidder will be required to submit evidence of qualifications to the Owner prior to award of contract. Page 1 of 2

4 RIGHTS RESERVED Owner reserves the right to reject any or all bids and to waive informalities in any bid. BIDDING DOCUMENTS Bidding documents may be examined at Buffalo County Courthouse, Land Conservation Department office, 407 South 2 nd Street, Alma, WI Bidding documents may be obtained in PDF electronic format by download from the Land Conservation Department page on the Buffalo County website, accessible via or Published by authority of: Buffalo County Page 2 of 2

5 Instructions to Bidders Bid Form and Bid Security must be filed in the Buffalo County Land Conservation Department office no later than the date specified in the Advertisement for Bids. The Land Conservation Committee has the right to review qualifications. Bids will be accepted only from qualified bidders with sufficient financial ability, equipment, and experience to perform the contract properly. 1. CONTRACT DOCUMENTS. 1. The Contract Documents consist of: 1. Advertisement for Bids 2. Instructions to Bidders 3. Bid Form 4. Certificate of Organization and Authority 5. General Conditions 6. Contract 7. Notice of Award 8. Notice to Proceed 9. Conservation Construction Plans 10. Wisconsin Construction Specifications 11. Project Narrative (dated December 11, 2017) 12. DNR Dredging Permit Approval 13. Sediment Sampling Information 14. Site Photos 2. Before submitting a bid, each bidder must examine the Contract Documents thoroughly, familiarize himself with local conditions at the site and with federal, state, and local rules and regulations that may in any manner affect cost, progress, or performance of the work. The bidder is responsible for obtaining and reviewing a complete set of Contract Documents. A voluntary pre-bid site showing is scheduled. Bidders are encouraged to attend and participate in the meeting. The Land Conservation Department staff will not provide any additional site information to bidders. Additional site visits with staff are also deemed inappropriate to insure equity in the level of information to all bidders. The submission of a bid will constitute an irrevocable representation by the bidder that he understands the Contract Documents and the site conditions sufficient in scope and detail for performance of the Work. 3. All questions about the meaning or intent of the Contract Documents shall be submitted to Buffalo County Land Conservation Department in writing. Only answers given by formal written Addenda to the Contract Documents will be binding. Oral and other interpretations or clarifications will be without legal effect. 2. BID SECURITY BOND 1. A Bid Bond is required in the amount of 5% of the total amount bid. 2. Bid Bonds shall be in one of the following forms: 1. A certified check or money order payable to Buffalo County, or; 2. An irrevocable letter of credit from a reputable financial institution, or; 3. A commercial surety Bid Bond. 3. The Bid Bond of the successful Bidder will be retained until such Bidder has executed the Contract and furnished any required Performance Bond. Buffalo County reserves the right to retain the Bid Bond of the lowest bidder other than the successful bidder until the successful bidder enters into the Contract and furnishes the Performance and Payment Bond, or for thirty (30) days, whichever is shorter. All other Bid securities will be returned within seven (7) days of the Notice of Award, or thirty (30) days of the bid

6 opening, whichever is shorter. 4. If the successful bidder fails to complete everything necessary for Buffalo County to issue the Notice to Proceed within ten (10) days of the Notice of Award, Buffalo County may annul the Notice of Award and the Bid Bond will be forfeited. 2. SUBMISSION OF BIDS 1. All bids shall be submitted on the Bid Form included in the Contract Documents. All portions of the Bid Form shall be completed. Do not submit entire contract document. 2. Any required Bid Security will be attached to each bid when submitted. 3. All bids must remain open for thirty (30) days from the bid due date. 4. Bidders shall include in their bid all applicable taxes. 5. Certificate of Organization and Authority must be included with the bid. Names shall be printed or typed below all signatures. 6. Bids by a corporation must be executed in the corporate name by a corporate officer. Bids by a partnership must be executed in the partnership name and signed by a partner. 7. Bidders are required to submit a list of subcontractors, if any, with the Bid Form. 8. Bids shall be submitted in a sealed envelope marked as follows: Bid (Project Name) (Bidder s Name and Address) 9. Two Proposals under different names will not be received from one business. Buffalo County may waive any informalities or reject any and all bids. 10. Fax transmission or ing of Bid Form or required supporting documents to individual designated to receive bids will not be acceptable. 11. A bid proposal may be disqualified because of gross errors in computation which cannot be resolved by mathematical correction without resorting to information not contained in the bid. 12. Errors in extension may be corrected providing that the unit cost is legible and can be definitely identified as complying with item specifications. The total bid shall be adjusted in accordance with approved extension corrections. An extension may not be divided by number of units specified to determine a unit cost if such is omitted by the bidder. It is the responsibility of the bidder to submit a neat, accurate, and complete proposal if his bid is to be accepted. 13. All bidders shall inform themselves of the current State of Wisconsin Prevailing Wage Scale for Public Works and shall be required to pay minimum rates of pay as established by the State of Wisconsin. 14. It shall be the sole responsibility of the bidder to deliver their bid at the time and place indicated in the Advertisement For Bids 15. Bids may be withdrawn by a signed notice delivered to the place of bidding prior to the time of opening. If a bidder wishes to modify its bid prior to the Bid Deadline, bidder must withdraw its initial bid and submit a new bid prior to the Bid Deadline. Bids may not be withdrawn or modified after bid opening. 16. All bids shall remain open for the time period specified in the Contract Documents. Buffalo County may, in their sole discretion, release any bid and return the Bid Bond prior to that date.

7 3. QUALIFICATIONS OF BIDDER 1. Before the award of any contract, the Owner shall be satisfied that the bidder, (a) maintains a permanent place of business, (b) has adequate equipment to do the work properly and expeditiously, (c) has a suitable financial status to meet obligations incident to the work, (d) has appropriate technical experience, and (e) has satisfactorily completed contracts of similar nature and magnitude. 2. If requested, the apparent low bidder shall submit evidence of qualifications to Owner prior to award of contract. 4. AWARD OF CONTRACT 1. A single prime contract will be awarded on the basis of the lowest responsible, responsive total bid amount in the Owner s best interests. 2. Buffalo County reserves the right to reject any and all bids, to waive any and all informalities and to negotiate contract terms with the successful bidder, and the right to disregard all nonconforming, nonresponsive, or conditional bids. 3. In evaluating bids, Buffalo County shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. Buffalo County may accept alternates (if any) in any order or combination. 4. The contract will be awarded to the bidder whose evaluation by Buffalo County Land Conservation Committee indicates that the award will be in the best interests of Buffalo County. Buffalo County reserves the right to reject the bid of any bidder who does not pass any such evaluation to Buffalo County s satisfaction. 5. The successful bidder must sign the Contract and Performance-Payment Bond within 10 days after the contract is awarded to him or before performance of the contract is commenced, whichever occurs first. Both Contract and Performance-Payment Bond should be signed by the same persons. The Performance-Payment Bond in the amount of the Contract shall be executed by a corporate surety.

8 BID FORM Buffalo County Conservation Practice Quantity Sheet for: Garden Valley Dam Impoundment Excavation, Buffalo County Bids are due on: JANUARY 9, 11:00AM Practice Name: EXCAVATION & DISPOSAL Item WI Const. Spec. Unit Quan. Site Prep 1 job 1 Excavation & Disposal 2 cu. yd. 33,540 Silt Fencing and Erosion Control 5 lin. Ft 1,000 Rock Riprap 9 cu. yd. 167 Contracting Firm Name Printed Bid Unit Cost Bid Total Cost Construction Completion Date: Change Order Incr. or Decr. Unit Incr. or Decr. Cost Measured Quantity Installed Final as built cost Project Total Line Business Name Bidder Print Name Bidder Signature Bid Date

9 CERTIFICATION OF ORGANIZATION AND AUTHORITY STATE OF WISCONSIN ) ) ss. COUNTY OF BUFFALO ) I hereby certify that the bidder on the attached bid proposal is organized as indicated below and that all statements herein are made on behalf of such bidder. (Complete applicable paragraph 1, 2, or 3; and Complete 4 and 5) 1. CORPORATION The bidder is a corporation organized and existing under the laws of the State of. President Secretary 2. PARTNERSHIP The bidder is a partnership organized and existing under the laws of the State of. President Secretary 3. SOLE TRADER The bidder is an individual organized under a trade name, such trade name is: 4. CONTACT INFORMATION The business address, phone number, and of the bidder is as follows: Address Phone # 5. STATUTORY CERTIFICATE I hereby certify that I have examined and carefully prepared this bid from the plans and Specifications and have checked the same in detail before submitting this proposal; that a full and complete list of subcontractors is attached hereto; and that I have full authority to make these statements and submit this bid on behalf of the above mentioned bidder and that the above statements are true and correct. (W.S (7)) Business Name Name and Title Authorized Signature Subscribed and sworn to before me this Day of, 20. Notary Public County, My Commission expires:

10 PAGE 1 GENERAL CONDITIONS 1. DEFINITIONS 1. "Contract Documents" those documents listed on Instructions page 2. "Contractor" shall mean the person, corporation, partnership or other organization with whom Buffalo County has entered into an agreement for the construction of the project described in the Contract Documents. 3. "Buffalo County Land Conservation Department" is a municipal government with whom the Contractor has entered into an agreement for the construction of the project described in the Contract Documents and will hereafter be referred to as Buffalo County. 2. PERFORMANCE AND PAYMENT BOND 1. A Performance and Payment Bond is required in the amount, not less than the contract price, as security for the Contractor s faithful performance and payment of all the Contractor s obligations under the Contract Documents. 2. Performance and Payment Bonds shall be in one of the following forms: 1. A certified check or money order payable to Owner, or; 2. An irrevocable letter of credit from a reputable financial institution, or; 3. A commercial surety Performance and Payment Bond issued by a company licensed by the state of Wisconsin for the limits and coverages so required. 3. Performance and Payment bonds shall remain in effect for one year after the date when final payment becomes due. 3. INSURANCE 1. The Contractor shall maintain such liability and other insurance at Contractor s cost as is appropriate for the work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from the project, including the following coverages. 1. Contractor s Commercial General Liability, including owned, non-owned, and hired vehicles, with a $1,000, combined single limit, and; 2. Completed Operations coverage, maintained for a minimum of one (1) year after completion of construction 3. Contractual Liability coverage, to cover the obligations agreed to by the Contractor in the Contract Documents, including the Hold Harmless clause 4. Workers Compensation- Statutory coverage 2. Certificates of Insurance shall be filed with Buffalo County within fifteen (15) days of the Notice of Award and shall provide for the following: 1. Buffalo County shall be shown as an additional named insured on the Certificates, including coverage for the respective officers and employees of all such additional insureds. 2. The Certificate shall indicate the insurance may not be canceled, coverage materially changes or renewal denied except upon thirty (30) days prior notice to the Owner. 3. The Certificates shall insure all of the Contractor s obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, any Subcontractor or supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable.

11 GENERAL CONDITIONS PAGE 2 4. CONTRACT DOCUMENTS 1. The Contract Documents comprise the entire agreement between Buffalo County and Contractor concerning the work. 2. It is the intent of the Contract Documents to describe a functionally complete project. Any work, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. 5. COMMENCEMENT OF WORK 1. Contractor will not commence work until after Buffalo County gives the Contractor a written Notice to Proceed. Buffalo County will give the Notice to Proceed after obtaining the necessary permits for construction and the Contractor s filing with Buffalo County the signed Contract, the required Certificates of Insurance and the Performance and Payment Bonds. 2. Buffalo County will obtain all required permits required for construction. 3. Before commencing work, Contractor shall locate all utilities in the project area sufficient to avoid disturbing them during construction. 6. COMPLETION DATE Project completion date will be indicated in the Contract Documents, Notice of Award. Sufficient completion will require Buffalo County to make an inspection of the work to determine the status of completion. If Buffalo County considers the work complete, Buffalo County will authorize payment. 7. LIQUIDATED DAMAGES Contractor recognizes that time is of the essence of the Contract and that Buffalo County will suffer financial loss if the project is not completed within the times specified. Contractor also recognizes the delays, expense and difficulties involved in proving the amount of the actual loss suffered by Buffalo County if the project is not completed on time. Accordingly Contractor and Buffalo County agree that as liquidated damages for delay (but not as penalty), Contractor shall pay Buffalo County ONE HUNDRED DOLLARS ($100.00) PER CALENDAR DAY that expires after the time for completion until the project is certified as complete by Buffalo County. Damages will be additive. 8. LAYOUT AND ELEVATION The establishment of the baseline (horizontal reference) and the benchmarks (vertical reference points) on site locations and accuracy as shown on the Conservation Construction Plan have been completed by Buffalo County and NRCS. Contractor will protect and preserve established reference points and shall report to the Buffalo County whenever any reference point is lost or requires relocation. Contractor will be responsible for relocation or reestablishment of any established reference point and for any layout and staking of elevations required to complete the project in accordance with Contract Documents. 9. CONTRACTOR S RESPONSIBILITIES 1. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but Contractor shall not be responsible for the negligence of

12 GENERAL CONDITIONS PAGE 3 others in the design or specifications of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. 2. Unless otherwise specified in the Contract Documents, Contractor shall furnish all materials, equipment, labor, transportation, fuel, power, water, sanitary facilities, and all other facilities and incidentals necessary for the completion of the work. 3. During the process of work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work. At the completion of the work, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall leave the site clean and ready for occupancy by Buffalo County at completion of work. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 4. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. All person on the work site or who may be affected by the work; 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 trees, shrubs, lawns, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. 5. In emergencies affecting the safety or protection of persons or the work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Buffalo County, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Buffalo County a prompt written notice if Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused thereby. If Buffalo County determines that a change in the Contract Document is required because of the action taken by Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action. All changes must be approved in writing and signed by Buffalo County prior to actually making the change on site, not to jeopardize the ability for the contractor to be paid for any additional costs that might incur because of the change. 10. SUBSTITUTE MATERIAL OR EQUIPMENT Whenever an item of material or equipment is specified or described in the Contract Documents 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, and quality required. Unless the specification or description contains or is followed by words reading that no like or equivalent item or no substitution is permitted, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction. 11. SUBCONTRACTORS 1. Contractor shall not employ any Subcontractor, supplier, or other organization, whether initially or as a substitute, against whom Buffalo County may have reasonable objection. 2. Contractor shall be fully responsible to Buffalo County for all acts and omissions of the

13 GENERAL CONDITIONS PAGE 4 Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor s own acts and omissions. 3. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, supplier, or other person or organization any contractual relationship between Buffalo County and any such Subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of Buffalo County to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organizations except as may otherwise be required by Laws and Regulations. 4. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, suppliers, and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, suppliers, and such other persons and organizations performing or furnishing any of the work to communicate with Buffalo County through Contractor. All project work will be conducted Monday through Friday between the hours of 6:00 a.m. and 9:00 p.m., unless prior written approval is provided to the contractor by Buffalo County. 12. HOLD HARMLESS 1. Contractor shall indemnify and hold harmless, Buffalo County, NRCS and the officers, directors, employees, agents and other consultants 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 Buffalo County, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the work, provided that any claim, cost, loss or damage is caused in whole or in part by a negligent act or omission of Contractor, any Subcontractor, any supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by law regardless of the negligence of any such person or entity. 2. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the work and termination or completion of the Agreement. 13. BUFFALO COUNTY RESPONSIBILITIES 1. Buffalo County will make visits to the site at intervals as deemed necessary in order to observe the progress and the quality of the Contractor s executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. Buffalo County will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work. 2. Buffalo County 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 furnishing or

14 GENERAL CONDITIONS PAGE 5 performance of the work. Buffalo County will not be responsible for Contractor s failure to perform or furnish the work in accordance with the Contract Documents, including any Subcontractor, any supplier, or any other person or organization performing or furnishing any of the work. 3. Buffalo County may authorize minor variations in the work from the requirements of the Contract Documents which are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These will be accomplished by a Change Order. If Contractor believes that a Change Order justifies an adjustment in the Contract Price or Contract Times and the parties are unable to agree as to the amount or extent thereof, Contractor may make a written claim therefore. 4. Buffalo County will have authority to disapprove or reject work which they believe to be defective. Buffalo County will also have authority to require special inspection or testing of the Work, whether or not the work is fabricated, installed or completed. 5. Buffalo County will determine the actual quantities and classifications of any Unit Price Work performed by Contractor. 6. Buffalo County will be the interpreter of the requirements of the Contract Documents will be the judge of the acceptability of the work thereunder. 14. CHANGE ORDERS 1. Contractor 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 except: 1. As such documents are amended by a Change Order, or; 2. In the case of uncovering properly covered work if such work is not found to be defective. 2. Buffalo County may order additions, deletions, or revisions in the work. Such additions, deletions, or revisions will be authorized by a Change Order. 3. The Change Order will contain in writing any change in the Contract Price or Contract Time as agreed between Buffalo County and the Contractor. If Buffalo County and Contractor are unable to agree as to the extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of a Change Order, a claim may be made therefore as provided herein. 15. RESOLUTION OF DISPUTES 1. All claims for adjustment in the Contract Price and Contract Time shall be determined by Buffalo County, if Buffalo County and Contractor cannot otherwise agree on the amount involved. 2. Any adjustment in the Contract Price will be determined by Buffalo County as follows: 1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items; 2. Where the work involved is not covered by unit prices contained in the Contract Documents. 16. DELAYS 1. If Contractor is prevented from completing any part of the work within the Contract Times due to delays not attributable to or within the control of the Contractor and due to acts or neglect by Buffalo County, acts or neglect of utilities, fires, or floods, the

15 GENERAL CONDITIONS PAGE 6 Contract Time will be extended in an amount equal to the time lost due to such delay if a claim is made therefore in writing by the Contractor promptly after the event. 2. Delays attributable to and within the control of a Subcontractor or supplier shall be deemed to be delays within the control of Contractor and neither the Contract Price nor the Contract Time shall be adjusted. 17. INSPECTION 1. If any work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Buffalo County, it must, if requested by Buffalo County, be uncovered for observation. Uncovering work as provided in this paragraph shall be at Contractor s expense unless Contractor has given Buffalo County timely notice of Contractor s intention to cover the same and Buffalo County has not acted with reasonable promptness in response to such notice. 2. If Buffalo County considers it necessary or advisable that covered work be observed or inspected or tested by others, Contractor, at Buffalo County s request, shall uncover, expose or otherwise make available for observation, inspection or testing as required. 1. If such work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Buffalo County shall be entitled to an appropriate decease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, it shall be resolved as provided herein. 2. If such 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, observation, inspection, testing, reconstruction or replacement, and; if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided herein. 18. DEFECTIVE WORK 1. If the work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the work in such a way that the completed work will conform to the Contract Documents, Buffalo County may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Buffalo County to stop the work shall not give rise to any duty on the part of Buffalo County to exercise this right for the benefit of Contractor or any surety or other party. 2. If required by Buffalo County, Contractor shall promptly, as directed, either correct all defective work, whether or not fabricated, installed or completed, or, if the work has been rejected, remove it from the site and replace it with work that is not defective. Contractor shall pay all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repairs or replacement of work of others). 3. Instead of requiring correction or removal and replacement of defective work, if Buffalo County (and, prior to Buffalo County s recommendation of final payment) prefers to accept it, Buffalo County may do so. Contractor shall pay all claims, costs, losses, and

16 GENERAL CONDITIONS PAGE 7 damages attributable to Owner s evaluation of and determination to accept such defective work (such costs to be approved by Buffalo County as to reasonableness). If any such acceptance occurs prior to Buffalo County 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 Buffalo County shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Buffalo County may make a claim therefor as provided herein. If the acceptance occurs after such recommendations, an appropriate amount will be paid by Contractor to Buffalo County. 4. If the Contractor fails within a reasonable time after written notice from Buffalo County to correct defective work or to remove and replace rejected work as required by Buffalo County or if Contractor fails to perform the work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provisions of the Contract Documents, Buffalo County may correct and remedy any such deficiency. In connection with such corrective and remedial action, Buffalo County may exclude Contractor from all or part of the site, take possession of all or part of the work, and suspend Contractor s services related thereto, and incorporate in the work all materials and equipment stored at the site or for which Buffalo County has paid Contractor but which are stored elsewhere. Contractor shall allow Buffalo County and employees and Buffalo County s other Contractors access to the site to enable Buffalo County to exercise the rights and remedies under this paragraph. All claims, costs, losses, and damages incurred or sustained by Buffalo County in exercising such rights and remedies will be charged against Contractor and a Change order will be issued incorporating the necessary revisions in the Contract Documents with respect to the work, and Buffalo County shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Buffalo County may make a claim therefor as provided herein. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor s defective work. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the work attributable to the exercise by Buffalo County s rights and remedies hereunder. 19. PAYMENT 1. When Contractor considers the entire work ready for its intended use, Contractor shall notify Buffalo County in writing that the entire work is completed. 2. Within a reasonable time thereafter, Contractor and Buffalo County shall make an inspection of the work to determine the status of completion. If Buffalo County considers the work complete, Buffalo County will certify completion with date of completion and authorize payment. 3. If, after inspection, Buffalo County does not consider the work completed Buffalo County will notify Contractor in writing giving a list of items to be completed or corrected before final payment. Contractor shall have seven (7) days after receipt of the list during which to make written objection to Buffalo County as to any provisions of the list.

17 GENERAL CONDITIONS PAGE CONTRACT TERMINATION 1. Buffalo County may terminate the Contract with the Contractor upon the occurrence of any one or more of the following events: 1. If Contractor persistently fails to perform the work in accordance with the Contract Documents, or; 2. If Contractor disregards the authority of Buffalo County, or; 3. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents. 2. In such case Contractor shall not be entitled to receive any payment until the work is finished. If the Contract Price exceeds all claims, costs, losses and damages sustained by Buffalo County arising out of or resulting from completing the work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Buffalo County. Such claims, costs, losses, and damages incurred by Buffalo County will be reviewed by Buffalo County as to their reasonableness and when so approved by Buffalo County incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph, Buffalo County shall not be required to obtain the lowest price for the work performed. 3. Where Contractor s services have been so terminated by Buffalo County, the termination will not affect any rights or remedies of Buffalo County against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due to Contractor by Buffalo County will not release Contractor from liability.

18 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN BUFFALO COUNTY LAND CONSERVATION DEPARTMENT AND COMPANY NAME FOR THE EXCAVATION AND DISPOSAL OF PL-566 DAM IMPOUNDMENT GARDEN VALLEY 10, TOWN OF BELVIDERE This contract is entered into by and between Buffalo County, a Wisconsin municipal government, through its Land Conservation Department, 407 S. Second St., Alma, Wisconsin, hereinafter referred to as Buffalo County; and COMPANY NAME hereinafter referred to as the Contractor; Whereas, Buffalo County has developed contract documents and construction plans for the project; Whereas, Contractor has been awarded the bid pursuant to the procedures required by Buffalo County and Wisconsin State Law and Contractor represents that it has the equipment and experience to provide the services for the project. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Purpose of the Contract. The purpose of this contract is: PROJECT TO BE COMPLETED UPON CONTRACT AWARD 2. Term of Contract. The services proposed hereunder shall begin upon execution of the terms of the Notice of Award and Notice to Proceed and shall be completed by DATE. The term of the contract may be extended for any period of time by mutual agreement of the parties, only if the Buffalo County agrees to extension of the time to complete the project. Any extension shall be in writing and executed with the same formality as this contract. 3. Scope of Services. The services to be provided hereunder shall be performed in accordance with the plans and specifications for the project on file with the Buffalo County and included on the attached bid tabulation sheet incorporated here. Said services can be added to or otherwise amended by change order approved by contractor or Buffalo County. 4. Project Costs and Payments. Buffalo County agrees to pay contractor the bid amount, as amended by change order in accordance with procedures in place for payment. Contractor may submit an itemized bill according to the bid form items at least monthly setting forth the work completed and amount of the request no later than the last day of the month. The bid amount accepted for the project was $AMOUNT. The bill will be reviewed by Buffalo County and paid in conjunction with Buffalo County s current payment process. Final payment to Contractor will be made the month following verification of acceptability of the final work product and authorization for payment. 5. Indemnification/Hold Harmless. Contractor shall indemnify and hold harmless Buffalo County against all claims of bodily injury, sickness, disease, death or personal injury or damage to property or loss of use to the extent caused by its performance of the contract. Contractor shall also indemnify and hold harmless Buffalo County against all claims arising to claims of malpractice or errors and omissions. 6. Default by Contractor. It shall be considered a default under this contract if the quality of the services provided does not meet the standards provided in the bid from the Contractor and the work specified by the bid specifications. Buffalo County shall proceed against the Contractor s bonds if not satisfied with the work provided by Contractor. Buffalo County will

19 hold back the last payment to ensure compliance with the specifications of the project, unless otherwise agreed by parties, in writing. 7. Ensure compliance with all environmental laws related to this project. 8. Applicable Law. The terms and conditions of this contract shall be interpreted under the laws of the State of Wisconsin. 9. Severability. If any section or provision of this contract is deemed null and void, the remainder of the contract shall still remain in force. 10. Independent contractor status. The Contractor agrees and acknowledges that it shall function as an independent Contractor under the terms of this Contract with the Buffalo County. Neither it nor any of its agents, employees or officers shall constitute employees of Buffalo County, whether for purposes of compensation, fringe benefits, unemployment compensation or Workers Compensation or other purposes. The Contractor shall execute its performance under this Contract free of supervision or control by Buffalo County, utilizing such mode, methods and means of performance as are deemed by it to be required to complete its performance hereunder. Neither the Contractor nor any of its agents, employees or officers shall be entitled to any other or further compensation or consideration other than that expressed herein. 11. Integration. This instrument, together with the terms and conditions of the following documents: Advertisement for Bids, Instructions to Bidders, Bid Form, Conservation Construction Plan, Wisconsin Construction Specification, Addenda No. 1, Change Orders (if any), General Conditions, Notice of Award, Notice to Proceed, Contract, Certificate of Organization and Authority and change orders as approved, constitute the entire contract between the parties hereto, pertaining to the subject matter hereof, prior written or oral agreement or contracts notwithstanding. IN WITNESS WHEREOF, the CONTRACTOR and Buffalo County hereto have caused this contract to be executed by their respective officers as of the date listed. CONTRACTOR NAME By: Company representative & title Date: BUFFALO COUNTY By: County representative & title Date:

20 NOTICE OF AWARD To: (contractor name and address) Buffalo County has considered all Bids for the Excavation/Disposal of Garden Valley Dam Impoundment as described in, Advertisement for Bids in response to the Advertisement and the Contract Documents. You are notified that your Bid has been accepted in the amount of $. Within fourteen (14) days from the receipt of this Notice, you must: 1. File a Performance and Payment Bond, not less than the contract price, as security for your faithful performance and payment of your obligations under the Contract Documents. Performance and Payment bonds shall remain in effect for 1 year after the date when final payment is due. Performance and Payment Bonds shall be in one of the following forms: 1. A certified check or money order payable to Buffalo County LCD, or; 2. An irrevocable letter of credit from a reputable financial institution, or; 3. A commercial surety Performance and Payment Bond issued by a company licensed by the state of Wisconsin for the limits and coverages so required. 2. File Certificates of Insurance providing the following coverages: 1. Contractor s Commercial General Liability, including owned, non-owned, and hired vehicles. Coverage minimum limit of $1,000,000 per occurrence for bodily Injury and property damage. Coverage minimum limit, of $1,000,000 per occurrence General Liability. This shall be broad form coverage. (1) The policy shall include the following coverages: (1) Completed Operations, for a minimum of one (1) year after completion of construction (2) Contractual Liability coverage, to cover the obligations agreed to by the Contractor in the Contract Documents, including the hold harmless clause 2. Workers Compensation- Statutory coverage 3. All Certificates of Insurance shall provide for the following: (1) Buffalo County shall be shown as an additional named insured. (2) The Certificate shall indicate the insurance may not be canceled, coverage materially changed or renewal denied except upon thirty (30) days prior notice to Buffalo County. (3) Contractor s performance and furnishing of the work and Contractor s other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, any subcontractor or supplier, or by anyone directly or indirectly employed to perform or furnish any of the work, or by anyone for whose acts any of them may be liable. 3. Sign the Contract Agreement contained within the Contract Documents. Work shall begin after the Buffalo County Land Conservation Department awards the contract and work shall be completed by March 30, You will not commence work until after Buffalo County Land Conservation Department gives (contractor) a written Notice to Proceed. Authorized County Signature Date

21 NOTICE TO PROCEED To: CONTRACTOR ADDRESS This is your official notice that you may commence work in accordance with the Contract documents for the dredging and excavation of Garden Valley PL-566 Structure #10 as described in, Advertisement for Bids. Work may begin on January 26, 2018 and is to be completed no later than March 30, Contract documents should be referred to, should there be any questions regarding this project. County Representative Date

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31 WISCONSIN CONSTRUCTION SPECIFICATION 1. Clearing 1. SCOPE The work shall consist of the clearing and disposal of trees, snags, logs, brush, shrubs, stumps, and rubbish from the designated areas. 2. MARKING The limits of the areas to be cleared will be marked by means of stakes, flags, tree markings, or other suitable methods. Trees to be left standing and uninjured will be designated by special markings placed on the trunks at a height of about 6 feet above the ground surface. 3. PROTECTION OF EXISTING VEGETATION Trees and other woody vegetation designated to remain undisturbed shall be protected from damage throughout the entire construction period. Any damage resulting from the Contractor's operations or neglect shall be repaired by the Contractor. Earthfill, stockpiling of materials, vehicular parking, and excessive foot or vehicular traffic shall not be allowed within the dripline of vegetation designated to remain in place. Vegetation damaged by any of these or similar actions shall be replaced with viable vegetation of the same species. Any cuts, skins, scrapes, or bruises to the bark of the vegetation shall be carefully trimmed and local nursery accepted procedures used to seal damaged bark. Any limbs or branches 0.5-inch or larger in diameter that are broken, severed, or otherwise seriously damaged during construction shall be cut off at the base of the damaged limb or branch flush with the adjacent limb or tree trunk. All roots 1 inch or larger in diameter that are cut, broken, or otherwise severed during construction operations shall have the end smoothly cut perpendicular to the root. Roots exposed during excavation or other operations shall be covered with moist earth and/or backfilled as soon as possible to prevent them from drying. 4. CLEARING Trees, brush, shrubs, stumps, and other woody growth shall be cleared to a height not exceeding 12 inches above the ground surface. Such growth may be cleared by cutting, pulling, grubbing, or other approved methods. Trees shall be felled in such a manner as to avoid damage to trees that are to be left standing, existing structures, utilities, and with regard for the safety of persons. When the designated areas to be cleared include borrow areas and/or areas upon which improvements are to be constructed, the required grubbing of stumps, roots, and other objectionable material in these areas shall be a part of this specification. The grubbing shall consist of the removal of all stumps, USDA-NRCS-Wisconsin Section IV, Technical Guide 1-1 5/12

32 roots of 1 inch in diameter or larger, buried logs, and other objectionable material to a minimum depth of 2 feet below a structure subgrade and 1 foot below an embankment foundation. 5. SITE EROSION CONTROL Measures shall be installed, or the work performed in a manner that will minimize site erosion, and the production of sediment. Protective measures shall include but are not limited to diversions, waterways, seeding, mulching, sediment basins, and silt fences. 6. DISPOSAL All materials cleared from the designated areas shall be burned or buried at approved locations or otherwise removed from the site. Buried materials shall be covered with a minimum of 2 feet of earthfill (including any topsoil added for seeding). The Contractor is responsible for complying with all rules and regulations for disposal at locations away from the construction site or for the burning of cleared materials. USDA-NRCS-Wisconsin Section IV, Technical Guide 5/12 1-2

33 WISCONSIN CONSTRUCTION SPECIFICATION 2. Excavation 1. SCOPE The work shall consist of the excavation of all materials necessary for the construction of the work. 2. USE OF EXCAVATED MATERIALS To the extent that they are needed, all suitable materials removed from the specified excavations shall be used in the construction of the required earthfill. The suitability of materials for specific purposes will be determined by the Technician. The Contractor shall not waste or otherwise dispose of suitable excavated materials. 3. DISPOSAL OF WASTE MATERIALS All surplus or unsuitable excavated materials will be designated as waste and shall be disposed of at the locations shown on the drawings or as approved by the Technician. Waste materials shall not be placed in wetlands. Material placed in designated waste disposal areas shall be left in a neat and sightly condition and sloped to provide positive drainage. Compaction of the waste materials will not be required unless specified by the construction plans. Waste material excavated from channels may be deposited in leveled spoilbanks or areas adjacent to the channel work (if permissible). The shape and slopes of the spoilbanks shall be indicated on the drawings or as approved by the Technician. Spoil piles shall be located a minimum of 12 feet from the top of the channel side slope. Spoil piles or disposal areas shall be protected to minimize site erosion and the production of sediment. Protective measures may include but are not limited to diversions, seeding, mulching, sediment basins, and silt fences. 4. SPECIAL REQUIREMENTS FOR STRUCTURE AND TRENCH EXCAVATION The required dimensions and side slopes of all structure and trench excavations shall be as shown on the drawings. Excavation beyond the limits of the specified lines and grades shall be corrected by filling the resulting voids with approved compacted materials. Excavation for the installation of pipes shall follow the practices contained in the Occupational Safety and Health Administration (OSHA) Subpart P, Excavation, of 29 CFR ,.651 and.652. Side slopes shall be excavated or braced to safeguard the work and workers. When bracing or supporting is required, the width of the excavation shall be adjusted to allow for the space occupied by the sheeting, bracing, or other supporting installations. The Contractor shall furnish, place, and subsequently remove such supporting installations. 2-1 USDA-NRCS-Wisconsin Section IV, Technical Guide 5/12

34 5. REMOVAL OF WATER The Contractor shall construct and maintain all necessary cofferdams, channels, flumes, pumping equipment, and/or other temporary diversion and protective work for dewatering the various parts of the work. Foundations, cutoff trenches, and other parts of the work shall be maintained free from water as required for constructing each part of the work. After having served their purpose, all cofferdams and other temporary protective works shall be removed, or leveled to give a sightly appearance and so as not to interfere in any way with the operation, usefulness, or stability of the permanent structure. 6. BORROW EXCAVATION When the quantities of suitable materials obtained from specified excavations are insufficient to construct the specified fill portions of the permanent works, additional materials shall be obtained from the designated borrow areas. When shown on the drawings, sediment basins, terraces, diversions, or other measures shall be constructed to protect the borrow areas from erosion and retain sediment within the borrow area. The upper six (6) inches shall be stripped from all borrow areas. This stripping shall be performed immediately prior to use of the borrow material to reduce the time the area is exposed to erosion. For large borrow areas, only a portion of the area should be stripped at a time. This material shall be redistributed over the area from which it came after borrow excavation is completed. The extent of excavation and the selection of materials from the borrow area shall be as directed by the Technician. On completion of excavation, all borrow pits shall be left in a neat and sightly condition. All borrow areas shall be graded to blend with existing topography and sloped to prevent ponding and provide positive drainage. USDA-NRCS-Wisconsin 2-2 Section IV, Technical Guide 5/12

35 WISCONSIN CONSTRUCTION SPECIFICATION 5. Construction Site Pollution Control 1. SCOPE The work shall consist of installing measures or performing work to control erosion and minimize the production of sediment and other pollutants to water and air from construction activities. 2. MEASURES Erosion and sediment control measures and works shall be installed to prevent or minimize sediment production and transport offsite. The measures and works shall include, but are not limited to, the following: a. Diversions - Divert water from work areas and collect water from work areas for treatment and safe disposition. Temporary diversions shall be removed and the area restored to its near original condition when the diversions are no longer required or when permanent measures are installed. b. In-Channel Sediment Control - Sediment produced within the stream channel during construction will be retained in the work area. Sediment retention will be accomplished by using a temporary, excavated sediment trap and/or a barrier constructed of geotextile and hay bales. Turbid water in the retention area may be pumped to a well-vegetated area away from the stream. The vegetation will serve to filter the sediments before the flow returns to the stream. Discharge areas from all pump hoses shall be stabilized. At no time shall the pump discharge be allowed to cause erosion at the discharge point. c. Mulching - Mulch provides temporary protection of the soil surface from erosion. The method of application is specified on the construction drawings d. Sediment Basins - Sediment basins collect, settle, and eliminate sediment from eroding areas from impacting properties and streams below the construction site(s). These basins are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed. e. Sediment Filters - Straw bale filters or geotextile sediment fences (silt fence) trap sediment from areas of limited runoff. Sediment filters shall be properly anchored to prevent erosion under or around them. These filters are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed. The method is shown on the construction drawings. f. Seeding - Seeding to protect disturbed areas shall occur as soon as reasonably possible following completion of that earthwork activity. All seeding operations shall be performed in such a manner that the seeds are applied in the specified quantities uniformly in the designated areas. The method and rate of seed application are specified on the construction drawings g. Silt Curtain or Turbidity Barrier - Silt Curtain and Turbidity Barriers can be used to minimize the transport of sediment from an area where construction activities are occurring within or directly adjacent to a waterway or waterbody. The fabric shall be removed after the construction activities have ceased and the sediment has settled. Care should be taken to prevent the resuspension of sediment during removal. h. Staging of Earthwork Activities - The excavation and moving of soil materials shall be staged to minimize the area disturbed and the time these locations are vulnerable to erosion. USDA-NRCS-Wisconsin Section IV, Technical Guide 5-1 5/12

36 i. Stockpiling Material - The stockpiled materials shall be protected from concentrated flows and/or flooding, to minimize sediment movement offsite. j. Stream Crossings - Culverts or bridges should be used where equipment crosses streams. They are temporary and shall be removed and the area restored to its near original condition when the crossings are no longer required or when permanent measures are installed. k. Waterways - Waterways shall be used to safely dispose of runoff from fields, diversions, and other structures or measures. These works are temporary and shall be removed and the area restored to its original condition when they are no longer required or when permanent measures are installed. l. It is the responsibility of the contractor or their designee for the cleanup or removal of sediment transported offsite due to failure to maintain erosion control measures during all phases of the construction. 3. CHEMICAL POLLUTION The contractor shall safely dispose of chemical pollutants (such as drained lubricating or transmission fluids, grease, soaps, concrete mixer washwater, or asphalt, produced as a byproduct of the construction activities) off site. The contractor is responsible for reporting and clean up of all accidental spills and leaks. In the event a piece of equipment develops a leak during the construction work, the leak shall be repaired before work continues. All excess fluids will be cleaned from the machine prior to its return to the work area. If a leak occurs when equipment is working in or near a waterbody, the machine shall be immediately moved a safe distance away from the waterbody. 4. AIR POLLUTION The burning of brush or slash and the disposal of other materials shall adhere to state and local regulations. Fire prevention measures shall be taken to prevent the start or spreading of wildfires that may result from project activities. Firebreaks or guards shall be constructed and maintained. All public access or haul roads used by the contractor during construction of the project shall be treated to fully suppress dust. All dust control methods shall ensure safe construction operations at all times. If chemical dust suppressants are applied, the material shall be a commercially available product specifically designed for dust suppression and the application shall follow manufacturer's requirements and recommendations. A copy of the product data sheet and manufacturer's recommended application procedures shall be provided to the technician before the first application. 5. MAINTENANCE, REMOVAL, AND RESTORATION All pollution control measures and temporary works shall be adequately maintained in a functional condition for the duration of the construction period. All temporary measures shall be removed and the site restored to near original condition. All equipment used within the construction site shall be well maintained. All equipment lines and fittings shall be checked on a daily basis to ensure that they are in good working order. USDA-NRCS-Wisconsin Section IV, Technical Guide 5/12 5-2

37 WISCONSIN CONSTRUCTION SPECIFICATION 9. ROCK RIPRAP 1. SCOPE The work shall consist of testing, furnishing, transporting, and placing rock riprap, including filter, bedding or geotextile materials where specified, in the construction of loose rock riprap revetments, blankets, rock toes, crossings, rock chutes, channel linings and other similar structures. 2. QUALITY OF MATERIALS The rock shall be obtained from tested sources unless exempted below. Rock sources used for streambank protection, lined waterways, rock chutes, or other similar major projects (Job Class II and above) shall be tested prior to use. A test is required a minimum of every ten (10) years. The Technician may require a more current test. Rock riprap from igneous or metamorphic origins such as granite, basalt, and quartzite may be used without testing. Dolomite from quarries within the map legend units shown in Figure 1 may also be used without testing: Dolomite (Sd) - all counties. Sinnipee Group (Os) and Prairie du Chien (Opc) exempt only in the following counties: Marinette, Oconto, Shawano, Brown, Outagamie, Calumet, Winnebago, Green Lake, and Fond du Lac. The Technician shall inspect and approve sources of these rock types prior to use and determine if testing is required. Rock for equipment or cattle channel crossings, access roads, heavy use area protection or similar minor structures need not be tested. Individual rock fragments shall be dense, sound and free from cracks, seams and other defects conducive to accelerated weathering. The rock fragments shall be angular to subrounded in shape. The least dimension of each individual rock fragment shall be not less than one-third the greatest dimension of the fragment. It should also be free from dirt, clay, sand, rock fines and other materials not meeting the gradation limits. Rock shall be excavated, selected and handled as necessary to meet the grading requirements stated in the construction plans. Representative samples of rock requiring testing shall conform to the following requirements: Bulk Specific Gravity (saturated surface-dry basis). Not less than 2.50 when tested in accordance with ASTM Specification C 127 on samples prepared as described for soundness testing. Absorption. Not more than four (4.0) percent when tested in accordance with ASTM C 127 on samples prepared as described for soundness testing. Soundness. The weight loss in five cycles shall not be more than 28 percent when tested by the sodium sulfate soundness test method in the modified ASTM C 88. Losses in excess of 20 percent are acceptable only when the design D 50 rock size has been increased by 10 percent for a loss of percent or 20 percent for a loss of percent. 3. METHODS OF TESTING Bulk Specific Gravity and Absorption shall be determined by ASTM C 127 on samples prepared as described for rock cube soundness testing. USDA-NRCS-Wisconsin Section IV, Technical Guide /11

38 Rock Cube Soundness. Soundness testing shall be performed by ASTM C 88 for coarse aggregate modified as follows. The sodium sulfate soundness test shall be performed on a test sample of 5000 ± 300 grams of rock fragments, reasonably uniform in size and cubical in shape and weighing, after sampling, approximately 100 grams each. The test sample shall be obtained from rock samples that are representative of the total rock mass, as noted in ASTM Specification D 4992, and that have been sawed into slabs as described in ASTM Specification D The samples shall be further reduced in size by sawing the slabs into cubic blocks. The thickness of the slabs and the size of the sawed blocks shall be determined by the size of the available test apparatus and as necessary to provide, after sawing, the approximate 100 gram samples. Due to internal defects, some of the cubes may break during the sawing process or during the initial soaking period. Cubes that break during this preparatory process shall not be tested. Such breakage, including an approximation of the percentage of cubes that break, shall be noted in the test report. After the sample has been dried, following completion of the final test cycle and washing to remove the sodium sulfate, the loss of weight shall be determined by subtracting from the original weight of the sample the final weight of all fragments which have not broken into three or more fragments. (Samples that break into three or more large fragments during testing will be assigned a final weight of 0.0.) The test report shall show the percentage loss of the weight. Photographic documentation of all samples before and after testing shall be part of the test report. Equivalent AASHTO testing specifications may be substituted for ASTM testing specifications. A rock source may be rejected if the rock from that source deteriorates in less than 5 years under similar use and exposure conditions expected for the rock to be installed under this specification, even though it meets the testing requirements stated above. Deterioration is defined as the visual loss of more than one-quarter of the original rock volume, or severe cracking that would cause a rock to split. 4. GRADATION The gradation of the rock riprap and filter or bedding material shall be as shown in the construction plans. Rock used for streambank protection, lined waterways, rock chutes, or other similar major projects (Job Class II and above) shall have a gradation verification be done by one of the following methods. Method A Measurement of a random truck load of stone (reference sample) according to the procedure outlined in EFH-17, Procedure for Determining Rock Weights, Sizes, and Gradations; or ASTM D5519, Standard Test Methods for Particle Size Analysis of Natural and Man-Made Riprap Materials (Test Method A). Method B Creation of reference samples of rock of at least 0.5 tons, made according to the procedure outlined in EFH-17 (Tables 1-5), creating the envelope limits of the gradation specified. Control of project gradation will be by visual inspection comparing rock delivered to the reference samples. The reference sample(s) may be used as part of the finished riprap or remain at the quarry. USDA-NRCS-Wisconsin Section IV, Technical Guide 11/11 9-2

39 Any difference of opinion between the Technician and the Contractor shall be resolved by dumping and checking (by measurement) the gradation of a random truck load of stone by Method A. Mechanical equipment, a sorting site, and labor needed to assist in checking gradation shall be provided by the Contractor at no additional cost. 5. SUBGRADE PREPARATION The subgrade surfaces on which the riprap, filter or bedding material is to be placed shall be cut or filled and graded to the lines and grades as shown on the drawings or as directed by the Technician. When fill to subgrade lines is required, it shall consist of approved materials and shall be compacted as specified in Wisconsin Construction Specification 3, Earthfill. Riprap, filter, bedding or geotextile shall not be placed until the foundation preparation is completed, and approved by the Technician. 6. FILTER AND BEDDING Filter or bedding material, when required, shall be spread uniformly on the prepared subgrade surfaces to the depth shown on the drawings. The surfaces of the layers shall be finished reasonably free of mounds, dips or windrows and shall meet the gradation shown on the plans or as specified in Wisconsin Construction Specification 8. Geotextile, when required, shall meet the requirements shown on the drawings and as specified in Wisconsin Construction Specification 13, Geotextiles. 7. PLACING ROCK RIPRAP The rock riprap shall be placed by equipment on the surfaces and to the depths specified. The rock riprap shall be installed to the full course thickness in one operation and in such a manner as to avoid displacement of underlying materials. The rock for riprap shall be delivered and placed in a manner that will ensure that the riprap in-place shall be reasonably homogeneous with the larger rocks uniformly distributed and firmly in contact one to another with the smaller rocks and spalls filling the voids between the larger rocks. Some hand placing may be required to provide a neat and uniform surface or to prevent damage to structures. 8. VEGETATED ROCK RIPRAP If the rock riprap is to be vegetated, topsoil shall be placed by equipment in the riprap voids (surface) and on the surface of the rock to the depth specified. The topsoil placement shall not take place before the placement of the rock riprap is approved by the Technician. Topsoil shall be placed in such a manner as to avoid displacement of the underlying rock. The topsoil may extend from the top of the riprap down to the bankfull elevation (OHWM) or as shown on the drawings. Care shall be taken so topsoil is retained on the rock and is not allowed into the water body. The area shall be seeded and mulched within 12 hours following topsoil placement. USDA-NRCS-Wisconsin Section IV, Technical Guide /11

40 Figure 1 USDA-NRCS-Wisconsin Section IV, Technical Guide 11/11 9-4

41 PROJECT NARRATIVE DECEMBER 11, 2017 Title: Dredging of Garden Valley Dam Impoundment Project: Mechanically Dredge accumulated sediment from dry pond bed and disposal of dredged spoils Location: Garden Valley PL-566 county-owned Dam Structure #10 W1481 Rose Valley Road, Cochrane, WI Town of Belvidere, Buffalo County. Excavation: Remove 33,540 cubic yards of fill Disposal: Haul excavated soil and dispose fill in two locations within property: Disposal Site #1) 1.7 acre existing excavated depression area Disposal Site #2) Linear fill site along Rose Valley Road 1

42 Excavation/Dredging Approximately 5+ feet of soil deposition has accumulated behind the dam impoundment from upstream surrounding agricultural fields and woodlands. The impounded five acre pond has been drawn-down and relatively dry since June Soils are textured as being a Silty Clay Loam and sediment sample analysis has been performed with review and approval by WDNR confirming that the dredging and disposal will meet state water quality performance standards. The project includes mechanical removal of 33,540 cubic yards of the accumulated soil (5+ feet) from the dry pond bed to restore the original bathymetry and depositing fill in the areas outlined in red on the map above. The purpose of the pond restoration project is to provide public recreational opportunity benefits to the community and for improved native fish and wildlife habitat. Pond restoration will reclaim a portion of the original pond size, leaving pond edges and existing wetland area as-is. The proposed bottom contour of the pond shall remain uneven and rolling for variable water depths and to provide fish habitat. A deeper excavated hole (113 by 52 bottom) with 4:1 side slopes is planned for the center of the pond to increase water depths for a sustainable fishery. Shoreline areas must remain irregular shaped, as originally constructed, with gentle slopes. Existing vegetative buffers must be maintained, to the maximum extent practicable, to minimize shoreline disturbance. After project completion, the County will refill the pond and restore to an open water pond system. Owner will provide baseline reference points and benchmarks as indicated on Construction Plan Drawings. Contractor shall provide all other survey staking and layout as required to complete the Work. No fill can be deposited on the pond bed during the project, except for routine construction activities. No temporary stockpiles may remain longer than 48 hours. Erosion Control Required during Excavation: Any disturbed haul roads, access roads, or other disturbed areas must be restored after dredging is completed. All erosion and sediment control measures are to be constructed and maintained in accordance with the WDNR Technical Standards. The erosion control measures specified in this plan are the minimum requirements. All temporary and permanent erosion control measures must be maintained and repaired as needed. The general contractor will be responsible for inspection and repair during construction. Owner and Landowner are responsible for restoration of access road to disposal site #1 and all final seeding and mulching. Existing base flow waterway channel must be diverted to avoid excessive sedimentation from occurring during dredging. A phased approach is recommended in order to avoid impacts to channel flow. Measures to minimize erosion of sediment from any new channel and exposed lakebed must be implemented. Any de-watering or bypass discharge must follow WDNR Sediment Control Standard for De-watering Any diversion channel used must be constructed in a manner that is protected from damage by construction and dredging. At all points where diversion berms or channels will be crossed by construction equipment, the diversion swale shall be stabilized or shaped appropriately. At a minimum, install one ditch check for every 2 feet of drop in the channel. Pumps may be used as bypass devices. In no case shall pumped water be diverted outside the project limits. No disturbance or obstructions to the intake pipe may be caused as a result of dredging operations. Contractor must perform routine maintenance during excavation to ensure intake pipe does not become obstructed or plugged. 2

43 DISPOSAL Disposal Site #1 Disposal site 1 for dredged fill is an existing 1.7 acre excavated area. Contractor must haul dredged spoils from pond to excavated area utilizing access road indicated on plan map above and fill to a ground surface elevation level at or below surrounding grades. Level and slope final grade to blend with existing lands (agricultural and woodland). Disposal site 1 shall be utilized after appropriate quantity of fill is allocated for Disposal site 2. Erosion Controls Required at Disposal Site #1: Ensure berm around disposal site is sufficient to contain all excavated dredge spoils; no runoff may occur. Installation of silt fencing, silt sock, straw wattle, or other best management practices must also be installed along the perimeter edge of the disposal site at locations adjacent to the inlet creek channel and wetland edges prior to any site work or disturbance to prevent any direct discharge from disturbed soils. Silt fencing detail and location indicated in drawing on Page 5, in the Wisconsin Construction Specifications, and in the Conservation Construction Plan. Contractor is responsible for installation and maintenance of silt fence and/or other perimeter best management practice controls during construction. Landowner and Owner are responsible for Site Preparation and Clearing of the disposal site. Any trees or shrubs within the disposal site location obstructing disposal or otherwise impacting any final grading activities will be removed prior to contractor commencing work. 3

44 All final site seeding of the disposal area and field access road will be responsibility of landowner and owner. Disposal Site #2 Disposal site 2 must be completed as designed in Construction Plan and will utilize dredged fill disposal along Rose Valley Road to widen the public road shoulder and create a small public access pull-off site. Place excavated material along Rose Valley Road to widen road embankment to 12 feet wide shoulder at no steeper than 3:1 embankment side slope. Fill must not be deposited below contour elevation 746 feet. No fill may be placed in the dam auxiliary (emergency) spillway. Specifically project will utilize excavated fill to construct a stable 3:1 or flatter embankment slope, level road surface, and compact final grade to match existing road surface. Contractor must ensure drainage matches existing road for stormwater runoff. The eastern most 158 linear feet of the fill must be stabilized with rock riprap, beginning at the road culvert crossing and ending at the existing west dry-hydrant piling. Rock riprap design is shown on Sheet 2A of the Construction Plan and in the Wisconsin Construction Specs. Approximately 167 cubic yards of D50 8 rock (with double thickness at ends) must be keyed into the embankment. Work within the roadway right-of-way shall be coordinated with the Town of Belvidere prior to commencement of any construction activities. Contractor is responsible for restoration of right-of-way which is subject to approval by the Town of Belvidere officials. Erosion Controls Required at Disposal Site #2: Installation of silt fencing, silt sock, straw wattle, or other best management practices must be installed along contour elevation feet prior to any site work or disturbance to prevent any direct discharge from disturbed soils. Contractor is responsible for maintenance of all temporary erosion control practices during construction. Landowner/Owner is responsible for all final site seeding and mulching. Site Plan Drawings are on Pages 5 & 6 4

45 Disposal Site #1 Silt Fence (485 lin. ft.) 5

46 End Silt Fence at road culvert Rock Riprap (167 cu. yds.) Start Silt Fence Silt Fencing (515 lin. ft.) 6

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52 Sediment Sampling of the Garden Valley 10 Dam Structure Site The purpose of this report is to summarize pre-dredging sediment sampling and analysis that has been performed for the Garden Valley 10 Dam Structure located southeast of Alma, Wisconsin. This report will summarize the procedures and equipment used for sampling, location of site, and results from the analytical lab performing the analysis. Information on the laboratory providing the materials for sampling and analysis will also be included. According to Wisconsin Administrative Code, Chapter NR , certain procedures are required for sediment sampling. For this project, three sediment samples were taken from a drawn down pond near Cochrane, Wisconsin. The sediment testing is required prior to the dredging of the pond. Under the direction of the Wisconsin Department of Natural Resources Water Management Specialist, the required sediment sample analysis fell under the Undeveloped Agriculture Watershed category. Being that the estimated amount of sediment to be dredged is close to 30,000 cubic yards, three core samples are required. Each core sample was collected to a depth of six feet to meet the requirement of sampling two feet below the depth of removal, which is estimated to be four feet. The coring device used has a diameter larger than two inches, which is the minimum. Each sediment sample site was mixed prior to being placed in the sample containers to get the appropriate representation of the site. The containers were provided by Minnesota Valley Testing Lab (MVTL), who will also be the running the analysis for the project. The materials provided by MVTL are listed below: 3 sediment containers. 1 cooler for transportation. 2 ice bags to maintain samples at a cooler temperature during travel. 1 Blank vial of water to check temperature of cooler upon arrival to Laboratory. 3 blank labels for containers. Minnesota Valley Testing Laboratory is located in New Ulm, Minnesota and is a Wisconsin Department of Natural Resources (DNR) certified lab under Wisconsin Administrative Code, Chapter NR 149. The classification of the site would be Undeveloped Agriculture Watershed, meaning the parameter list for sediment analysis would be as followed: Arsenic. Copper. Phosphorus. Ammonia Nitrogen. Total volatile solids or total organic carbon. Total Kjeldahl Nitrogen. Particle Size (i.e. % sand, silt, clay). Attached to this report are the final results ran from MTVL for the 3 sediment samples that were collected at the Garden Valley Dam site, along with maps describing sample sites and disposal locations. If there are any further questions, please free to contact our office at (608) or (608)

53 ROSE VALLEY DAM SEDIMENT SAMPLING AND DISPOSAL OPTIONS Ro s e yr Valle ² d 75ft Buffer from Pond/Wetland Sample 3 (! Sample 2 Sample 1 (! (! Option 1: Sediment could be used as top soil for this field. Legend (! Sediment Sampling Points Buffer 75ft Water Lines Feet

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60 SITE PHOTOS 1

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62 Riprap 158 linear feet Riprap road culvert Riprap power pole 3

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