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					WISCONSIN AVENUE RETAINING WALL REPAIRS
               UNIT G-11




       DEPARTMENT OF PUBLIC WORKS

            CITY OF APPLETON

                  2011
                         CONTRACT DOCUMENTS

   WISCONSIN AVENUE RETAINING WALL REPAIRS
                  UNIT G-11




The plans and specifications for this project were prepared by me or under my direction.




February 21, 2011


Ross M. Buetow, P.E.
City Engineer



Chad M. Weyenberg, P.E.
Project Engineer
                                 TABLE OF CONTENTS

   WISCONSIN AVENUE RETAINING WALL REPAIRS

                                         UNIT G-11


Title Sheet

Table of Contents

Advertisement

Wage Rates (DILHR)

Special Provisions

Bridge Photos

Liquidated Damages

Contractors Performance Rating

Appleton Water Division Specifications

Insurance Requirements (Large)

Wisconsin Natural Gas Company Specifications

Noise Ordinance

Contractor Insurance*

Disclosure of Ownership form*

Proposal Section *
Bid Form (Proposal)*
Bid Bond Envelope
Contract Section
Bond Section

* Contents requiring completion or action at or before time of bidding
City of Appleton Advertisement                                                           Reprints 3 (11020)

                                                              SEALED BIDS

        Sealed bids will be received by the City of Appleton up to 1:45 p.m. (C.S.T.) March 7, 2011, in the office of the
City Clerk, City Center Building, Sixth Floor, 100 N. Appleton Street, Appleton, Wisconsin 54911. Bids will be opened at
2:00 p.m. in Committee Room “A”. Bid envelope to: 1) identify project, 2) identify bidder, and 3) be marked “SEALED
BID”. Bid envelope not properly marked will be cause for rejection.

                                                              PROJECT
                                                              UNIT G-11
                                                         WISCONSIN AVENUE
                                                       RETAINING WALL REPAIRS

                                           450          lin.ft.      Epoxy Crack Injection
                                           105          cu.ft.       Concrete Patching
                                            3           cu.ft.       Mortar Patching
                                            1         lump sum       Traffic Control


         Proposals shall be on forms furnished by the City. Plans and specifications will be available February 21, 2011 on
the City of Appleton’s website at www.appleton.org. Go to: Department…, Public Works…, Admin/Engineering…,
Projects Open for Bid. Plans and specifications may also be picked up in the office of the City Engineer, City Center, Fifth
floor, 100 N. Appleton Street, Appleton, Wisconsin 54911 There is no cost to download the Plans and Specifications from
the website. Plans and specifications picked up at the office of the City Engineer will cost $50.00 for each set. No cash
please. No refunds will be issued. Plans and specifications will not be mailed.

Address correspondence to:
                                                 City Engineer
                                                 100 North Appleton Street
                                                 Appleton, WI 54911

         No bid will be opened unless the “Bidders Proof of Responsibility” for 2011 is filed in the office of the City Clerk
not later than March 2, 2011. Forms are included in specifications, and are also available at the office of the City Clerk.
Reference is made to Section 66.0901 Wisconsin Statutes.

        Wage Rates: Pursuant to Section 66.0903 Wisconsin Statutes, the City of Appleton’s rate of wage scale will be
paid on this project, except as Section 66.0903 (4) or 0903 (5) may apply.

        No bid shall be received unless accompanied by a certified check or a bid bond equal to five percent of the bid,
payable to the City as a guarantee that if the bid is accepted, the bidder will execute and file the proper contract and bond
within 10 days from the date the lowest responsible bidder’s bid is accepted. If the bidder fails to file such contract and
bond within the time set by the City, the check or bid bond shall be forfeited to the City as liquidated damages.

        The City reserves the right to reject any and all bids or to accept any bid deemed for the best interests of the City
and to waive any informalities in the bidding.

DATE:              Februry 14, 2011                                            CINDI HESSE
                                                                               City Clerk

RUN:               February 18, 2011
                   February 25, 2011




J:\CLERICAL - ENG & INSP\Projects\2011\Spec Book Documents\Advertisement Data\Advertisement.doc
                                          INDEX

                                  Special Provisions

                                         Unit G-11
                WISCONSIN AVENUE RETAINING WALL REPAIRS



1. General
2. Scope of Work
3. Award of Contract
4. Coordination/Work by Others
5. Traffic Control
6. Crack Injection
7. Wall Repair – Patching
8. Bridge Repairs – Olde Oneida St.
9. Measurement & Payment
10. Water
11. Cleanup
12. Contractor Performance Rating
13. Safety
14. Noise Ordinance
15. Wage Rates
16. Working Hours
17. Project Schedule & Completion Time
                                     SPECIAL PROVISIONS
                  WISCONSIN AVENUE RETAINING WALL REPAIRS
                                             UNIT G-11



1.   General
     The work under this contract for the Wisconsin Avenue Retaining Wall repairs,
     City of Appleton, Outagamie County, Wisconsin shall be in accordance with the
     plans therefore, and shall be executed under the requirements of the State of
     Wisconsin, Department of Transportation, Standard Specifications for Highway and
     Structure Construction, Edition of 2009, and these special provisions.

2.   Scope of Work
     The construction work covered by these specifications shall include the furnishing
     of all materials, equipment, and labor necessary to complete the Wisconsin
     Avenue Retaining Wall Repairs together with such appurtenances and incidentals
     as are shown on the plans and set forth in the specifications. In addition to the
     Wisconsin Avenue repairs, this project includes work inside the Olde Oneida
     Street Bascule Bridge counterweight pit and Olde Oneida Street Bridge over the
     Mill Race.

     The City recommends that the contractor visit the sites prior to submitting their
     bid to fully familiarize themselves with the project. Access to the Olde Oneida
     Street Bridge can be made by contacting Gary Lingnofski at 920.419.6238 and
     scheduling an appointment with him.

     Statements contained in the Special Provisions supersede any statements in the
     specification with which there may be a conflict.

     New in 2010 the City of Appleton has a “Standard Specifications for
     Construction”. The specials below reference details and specifications that is
     located in the standard specifications. This book can be picked up in the
     engineering office or can be found online at the following internet site
     http://www.appleton.org/i/pu/2011_standard_specifictions_for_construction_book
     .pdf.

3.   Award of Contract
     The contract will be awarded based on the low bid total of items one through
     seven on the proposal. However, the City reserves the right to decrease quantities
     from this project, without additional compensation to the contractor, should the
     total bid exceed budgeted funds.
4.   Coordination/Work by Others
     Throughout the duration of this project, Wisconsin Ave. from Richmond St. to
     Ballard Rd. will be under street reconstruction. The contractor shall coordinate
     any traffic control with this contractor and contact them prior to bidding for their
     latest schedule. The contractor for Wisconsin Ave. is Vinton Construction and
     their contact is number is 920.682.0375.

     The following is what was included in the WisDOT special provisions for the
     paving project on Wisconsin Ave.

            “The City of Appleton, Department of Public Works will have a contract
            for retaining wall repairs on the north side of Wisconsin Avenue east and
            west of the railroad structure. The proposed construction is anticipated to
            last about three weeks and will be concurrent with work under this
            contract. Coordinate with the city’s contractor.”

5.   Traffic Control
     The contractor shall provide, install and maintain temporary traffic control
     devices and perform temporary traffic control in strict accordance with the
     Temporary Traffic Control Manual for Street Construction and Maintenance
     Operations in the City of Appleton, latest edition, located in the City of Appleton
     Standard Specifications. Federal, State and County regulations may also apply.

     General Requirements

     Specific requirements for closures and work zone traffic control are provided.
     The contractor may propose an alternative traffic control stage. Any alternative
     traffic control phasing must be approved by the City of Appleton – Traffic
     Section.

     The contractor shall submit a detailed work zone traffic control plan for each
     phase to the City of Appleton - Traffic Section for approval prior to construction,
     and update as construction progresses. The contractor shall submit the TCP a
     minimum of three (3) business days prior to the desired start date for the work.
     Failure to comply may result in delay of work.

     Questions related to temporary traffic control requirements, should be directed to
     the City Traffic Section staff at (920) 832-5580.

     The contractor shall conduct all operations in such a manner that will cause the
     least interference to traffic movements along the affected routes.

     The contractor is responsible for notifying the City of Appleton – Traffic Section
     not less than 24 hours prior to lane closures or full roadway closures on any
     roadway.

     Payment for the Traffic Control on each bridge will be per lump sum as indicated
     on the proposal form.
     Should the Contractor fail to provide temporary traffic control in accordance with
     the requirements presented herein, the Engineer, Appleton Police Department, and
     the Traffic Section shall have the authority to stop all work until compliance has
     been achieved. Such work will not be resumed until the necessary corrections
     have been implemented. Any work required by City forces or contractors to
     achieve compliance with the requirements shall be paid for by the Contractor. In
     addition, municipal and/or state citation(s) may be written to those directly
     responsible for the construction activities.

     Specific Requirements

     Wisconsin Avenue Retaining Wall
     The contractor shall keep Randall Avenue open to one lane of traffic in each
     direction, at all times. The contractor shall keep Wisconsin Avenue open to one
     lane of traffic in each direction, at all times, if the contractor chooses to complete
     the project while Vinton Construction is working outside this project limits. If the
     contractor chooses to work in conjunction with Vinton Construction, no traffic
     control will be required on Wisconsin Avenue.

     Vinton Construction’s project schedule as of 1/28/2011 has phase 1 starting
     4/4/2011 and ending 7/15/2011 and has phase 2 starting 7/7/2011 and ending
     10/17/2011. The Wisconsin Avenue Retaining Wall Repairs are in the limits of
     their phase 2 work. It is recommended that the bidding contractors contact Vinton
     Construction to obtain a revised schedule prior to submitting their proposal.

     Olde Oneida Street over the Mill Race
     Should the contractor require access to Olde Oneida Street for replacement of this
     beam, he shall use temporary traffic control set up on page 18 of the Temporary
     Traffic Control Manual located in the City of Appleton Standard for Construction
     specifications. In addition, the contractor shall place sidewalk closed signage, as
     necessary, as work is taking place.

6.   Crack Injection Crack Repair
     A Description
     This special provision describes repairing as feasible, the structural cracks as
     shown on the plans.

     B Materials
     Furnish a penetrating epoxy sealant manufactured by Sika, Adhesive Engineering,
     Technical Sealants, Dayton Superior, Axson Technologies or equal. Before using,
     submit the epoxy system to the engineer for approval.

     Epoxy injection material shall be insensitive to the presence of water and be
     composed of a two-component epoxy resin designed specifically for structurally
     re-bonding cracks in Portland cement concrete, conforming to the following
     physical properties at 77 degrees F.
            MIXED
     Viscosity, cps                        250 max.
     Color                                 Straw/Clear
Shelf Life (closed containers)        -----
Solids by Weight                      100%
Tensile Strength, psi                 7,000 psi min.
Compressive Strength, psi             12,000 psi min.
Flexural Strength, psi                12,000 psi min.
Bond Strength to dry Concrete         800 psi, min.

Surface seal material for confining the injected epoxy resin in the cracks to have
adequate strength to hold the injecting fittings firmly in place, resist injection
pressures, and to prevent leakage during injection; be of non-sag consistency; be
insensitive to the presence of water; have a controlled cure time; be a two-
component epoxy resin; be 100% solids by weight; be applicable to wet surfaces;
and its viscosity should be paste.

C Construction
C.1 General
Perform this work in accordance with all applicable requirements of the standard
specification in general, and section 509 in particular, except as modified herein
or as shown on the plans.

C.2 Method of Injection
The method for injecting cracks may be gravity, mechanical, powered pump
methods, or a combination of the above to achieve the required results. Provide to
the engineer at the pre-construction meeting the proposal which outlines this work
activity including injection method, material data sheets, manufacturer’s
instructions, and equipment to be used.

If a method is used other than by pump type, provide for a means to accurately
mix and dispense the epoxy resins.

C.3 Equipment for Injection
The equipment used to meter and mix the two epoxy resin components and to
inject the mixture into the cracks shall be portable with positive displacement type
pumps equipped with an interlock to provide positive ration control of exact
proportions of the two components at the nozzle. The pumps shall be electric or
air powered and shall provide in-line metering .and mixing.

Provide injection equipment with automatic pressure control capable of
discharging the mixture at any present pressure up to 160 psi (±5 psi), and
equipped with a manual pressure control override.

Provide the equipment with the capability of maintaining the volume ratio for the
mixture prescribed by the manufacturer of the epoxy resin material within a
tolerance of ±5% by volume at any discharge pressure up to 160 psi.

C.4 Construction Methods
C.4.1 Preparation
Clean surface areas adjacent to cracks of dirt, dust, grease, oil, efflorescence or
other foreign matter that may be detrimental to adhesion of surface seal material.
Acids and corrosives will not be permitted for cleaning.
Install injection ports along the cracks on both faces of the piers at intervals of
four to ten inches, or as appropriate to accomplish full penetration of the injection
resin. Center the injection ports over the cracks and secure in place using surface
seal material. Where possible, install the injection ports over the widest areas of
the cracks.

Apply surface seal material to the face of the crack between the entry ports. For
known through cracks, apply surface seal to both faces of the member. Allow
enough time to elapse for the surface seal material to gain adequate strength
before proceeding with the injection operation.

C.4.2 Epoxy Injection
Install the epoxy injection resin in accordance with the manufacturer’s
instructions. The city reserves the right to request the representative of the epoxy
system manufacturer be present during repairs.

Injection of resin shall follow the manufacturer’s recommendation.

C.4.3 Finishing and Clean-Up
When cracks are completely filled, cure the epoxy resin for sufficient time to
allow removal of surface seal without drainage or runback of epoxy material from
cracks. Remove surface seal material, excess epoxy material, and injection ports
by grinding or other appropriate methods. Do not extend epoxy material beyond
the plane of the surfaces of the in-situ concrete.

C.4.4 Core Sampling
To determine the completeness of the crack injection, obtain two, two-inch
diameter core samples for each crack repaired as determined by the engineer. The
cores shall be a depth of at least 12 inches, and taken at locations selected by the
engineer along the vertical face of the pier wall. Do not core within one foot of
the water surface.

The injection shall be considered complete if more than 90% of the crack void to
12 inches deep is filled with the epoxy resin in each of the samples taken. If the
injection is incomplete re-injection and additional cores may be required as
determined by the engineer. The cost for re-injection and additional cores, if
required, are included in this item.

The contractor will be responsible for repairing the core holes left in the member
using the following method:

Fill core holes with an epoxy mortar consisting of one part epoxy injection resin
to four parts clean, dry, bagged fine aggregate mixed by volume. Finish repair to
match surrounding surfaces.

D Measurement
The city will measure Epoxy Injection Crack Repair in length by the linear foot of
surface cracks injected acceptably completed.
     E Payment
     The city will pay for the measured quantity at the contract unit price under the
     following bid item:

        DESCRIPTION                                                 UNIT
        Epoxy Injection Crack Repair – Wisconsin Ave.                LF
        Epoxy Injection Crack Repair – Olde Oneida St.               LF

     Payment is full compensation for furnishing and placing the epoxy sealant; any
     required cleaning before and after injection; coring of the samples; inspecting the
     core samples; repairing the core holes left in the member; and for furnishing all
     labor, tools, equipment, materials, and incidentals necessary to complete the
     contract work.

7.   Wall Repair - Patching
     The contractor shall furnish all labor, material, and equipment necessary to
     complete the wall repair together with such appurtenances and incidentals as are
     shown on the plans and set forth in the specifications. All areas requiring
     patching are shown on Page 1 of the plans.
     A Materials
        1. Repairs ¾” deep repair or less – use Sika-Sika Top 123 Plus, Dayton
           Superior Civil/Structural VO or approved equal. Contractor shall see that
           products are compatible with other materials.

        2. Repairs deeper than ¾” – Use concrete mix. The contractor shall develop
           a concrete mix that minimizes shrinkage of the new concrete and
           maximizes adherence to the existing concrete.
            - Minimum compressive strength shall be 4,000 psi in 28 days.
            - Air content shall be 6%± 1% by volume.
            - Peastone mix with maximum size of 3/8”
            - Super Plasticizer – shall be submitted to the engineer for approval to
            increase the slump from 2 or 3 inches to 8 or 9 inches.
            - Non-Shrink Additive – shall be submitted to the engineer for approval

        3. Bonding Agent – shall be Sika- Sikadur 32 Hi-Mod, Adhesive
           Engineering L39, Dayton Superior Perma Prime 3C or approved equal.
           Contractor shall see that products are compatible with other materials.

        4. Reinforcing steel shall conform to AASHTO Designation, M31, Grade 60.
     B Surface Preparation
     Define areas to be patched by saw cutting vertical and horizontal lines around the
     spall area. Remove all deteriorated concrete, dirt, oil, grease, other bond-
     inhibiting materials from surface. Preparation work shall be done by
     sandblasting, chipping, or other appropriate mechanical means. Obtain aggregate
     fracture with a minimum surface profile of ± 1/16 inch. Clean concrete by air
blast or water. Prepare existing concrete surface according to the manufacturer of
the bonding agent’s directions. Take necessary precautions while removing
deteriorated concrete to preserve all existing reinforcing steel. Sandblast all
existing steel to white-metal finish.
Prior to placing mortar or concrete the contractor shall have the surface inspected
by the inspector to verify that the concrete and steel surfaces have been prepared
per the specifications.
C Application
Mortar Patching – ¾” Deep Repair or Less
Saw cut defining repair area shall be a minimum of ½” deep. Fill spalled area
with Sika Top 123 Plus mortar or approved equal per manufacturers material
instructions.
Concrete Patching – Repairs Deeper than ¾”
Saw cut defining repair area shall be a minimum of 1” deep or the average depth
of repair. Fill spalled area with concrete mix. Bonding agent shall be applied per
manufactures instructions. Form and pour concrete to original profile. Rubbed
finish to blend with existing. When repair is deeper than 1-1/2”, #4 bars shall be
drilled into face of base concrete 6” spaced at one per sq.ft. of surface. Anchor
dowels with Sika AnchorFix-2 or approved equal per manufacturers material
instructions. When repair depth is 1-1/2” to 2” deep, one layer of #4 bars 8” c.c.
shall be installed. When repair depth is greater than 6”, two layers of #4 bars 8”
c.c. each way shall be installed.
Alternatives installation methods may approved by the engineer
D Finish
A rub finish shall be applied to the repair area to blend with the balance of the
wall.
E Excavation
All top of retaining wall areas that require repair as specified above shall be
excavated behind the wall until sound concrete in reached. Contractor shall
supply any shoring necessary where excavation is required to keep the integrity of
the pavement and guardrail on Randall Ave. Backfill with the excavated material,
compact and cap with 6” of gravel.
Isolate any condition that occurs next to construction joints using 15# felt as a
bond breaker.
Costs for all excavation shall be considered incidental to the bid item Concrete
Patching.
F Measurement
The city will measure patching by the cubic foot of patching acceptably completed.

G Payment
The city will pay for the measured quantity at the contract unit price under the
following bid item:

   DESCRIPTION                                                 UNIT
        Mortar Patching                                              Cu. Ft.
        Concrete Patching                                            Cu. Ft.

     Payment is full compensation for furnishing and placing the concrete and mortar;
     any required surface preparation before and application; and for furnishing all
     labor, tools, equipment, materials, and incidentals necessary to complete the
     contract work.

8.   Bridge Repairs – Olde Oneida St.

     Contractor shall remove old rusted beam and replace with new beam. Beam shall
     be replaced with like size and material. Current as built records do not indicate
     the size and length of this beam. Contractor shall visit the site prior to bidding.
     Photos of the location and condition of beam can be seen following these special
     provisions.

     Please note that the scheduled drawdown of the Mill Race is set for Monday, June
     13 through Friday, June 17, 2011. The contractor shall coordinate with John Rom
     (920.738.8384) of Neenah Paper, who owns the hydroelectric dam, to confirm the
     date of the draw down and the water level in the canal. The contractor shall note
     that the pictures were taken when the water level was down so access and
     construction would be much easier, however the replacement of the beam may be
     completed at anytime during the project schedule

     Payment shall be made per lump sum for removing and reinstalling the beam; any
     connections into bridge structure or retaining wall; and for furnishing all labor,
     tools, equipment, materials, mobilization, traffic control, and incidentals necessary
     to complete the contract work.

9.   Measurement & Payment
     The bid item for concrete and mortar patching shall include all incidental items
     including where called for on the plans or specified excavating, backfilling, walk
     or pavement removal, new asphalt and all other items necessary for a complete
     project and there is not a specific bid item. Each day the contractor shall consult
     with the inspector regarding the quantity of concrete mix and mortar mix used.
     The contractor will be paid for the actual quantity of each material used.
     The contractor will be paid for the actual quantity (lin.ft.) of cracks injected in
     accordance with the specifications.
     The cost of miscellaneous work for which there is not a specific bid item shall be
     included in the most appropriate bid item on the proposal form. The work items
     on the proposal form shall include all incidental costs and will be final payment
     for the project.
10.   Water
      Water consumption for this project will be paid for by the City, as long as it is
      from a City of Appleton hydrant. The Water Division will be metering water
      usage for this project. The contractor shall cooperate fully with Water Division
      personnel in accomplishing accurate measurements for water usage. The rules for
      hydrant and water usage are detailed immediately follow these special provisions.

11.   Cleanup
      The contractor shall clean up the work sites and restore all areas disturbed by his
      operations. All grass areas which are disturbed (including wheel ruts and indents)
      by the contractor shall be replaced with sod in accordance with City Sewer
      Specifications.

12.   Contractor Performance Rating
      The City of Appleton reviews prime contractor and subcontractor performance.
      Copies of the contractor performance rating sheets are included.

13.   Safety
      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. 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.

14.   Noise Ordinance
      The contractor shall follow the City of Appleton Municipal Code, Chapter 12,
      Article IV. A copy of the noise ordinance can be seen following these special
      provisions.

15.   Wage Rates
      The contractor shall post wage rates within the project limits in a location
      available to all workers and any agency that may be checking compliance with
      wage rates. The wage rates shall be posted at a location other than contractor’s
      trailer.

16.   Working Hours
      The contractor shall schedule his operations as noted in the traffic control section
      of these special provisions. The contractor shall not do any work which requires
      inspection on Saturdays, Sundays, Federal, State or City Holidays, unless
      approved by the Engineer.
17.   Project Schedule & Completion Time
      Work for this project shall take place between April 18, 2011 and October 1,
      2011. Once the contractor mobilizes on site for the work on Wisconsin Ave., he
      shall not leave until the work is complete. The contractor shall submit to the
      engineer a detailed schedule of the project at the time of the preconstruction
      meeting.

      Prior to the contractor starting work on this project, the Engineer will call a
      preconstruction conference with the contractor to discuss activities of all parties
      involved. The contractor shall be in attendance at a preconstruction meeting
      scheduled for April 12, 2011 at 10:00 a.m. in City Hall.

      Since the rate of progress and the time of completion are essential conditions of
      this agreement, the sum of $300 per day as liquidated damages will be deducted
      from monies due to the contractor for every day past the specified time limit of
      October 1, 2011.
THIS PAGE LEFT BLANK INTENTIONALLY
Photos for Bridge Repairs – Item 7
                                LIQUIDATED DAMAGES WORKSHEET




Prepared by:        Chad M. Weyenberg, P.E.                                            Date: February 21, 2011


1. Project:      G-11, Wisconsin Avenue Retaining Wall Repairs


2. Completion Date:           October 1, 2011


3. Estimate of Daily Costs We Will Incur If Contract Time is Extended




Inspection:                                2.0                Hrs/day @ $28.00                         /hr*= $56.00


Resident Engineering:                      1.0                Hrs/day @ $45.00                         /hr*= $45.00


Survey:                                                       Hrs/day @                                /hr*= $

Inconvenience to
Public                                     2.0                Hrs/day @ $100.00                        /day= $200.00

Other:                                                                                                 /day=

                                                                                                       /day= $

                                                                                                       Total $301.00


                                                                                                      Use $ $300.00    /day



* Include salary, indirect, overhead




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THIS PAGE LEFT BLANK INTENTIONALLY
                                         CONTRACTOR PERFORMANCE RATING                                                                             CITY OF APPLETON
                                                                     Administration                                                                ENGINERING DIVISION


Project Name                                                                              Report Date

                                                                                          Contract No.


Contractor                                                                                Type of Construction Performed




                       Prime Contractor                       Subcontractor
Engineer -                                                                                Inspector -

Performance            Importance        Rating               Appraise the Contractor's performance on a scale of from 0 (inadequate) to 10 (superior)
Rating                 Factor
                                                              Administration: Schedule, material data, payroll, pay requests

___________ x             0.25     =     __________



                                                              Prosecution/Progress: Schedule, Performance

___________ x             0.30     =     __________



                                                              Cooperation/Compliance: Communications, conflict resolution, complaints, credibility

___________ x             0.25     =     __________



                                                              Public Relations: Complaints, notices

___________ x             0.10     =     __________



                                                              Integrity/Fairness: Change orders, extra work, suppliers & subcontractors, plans & specifications

___________ x             0.10     =     __________




___________                              __________




___________                              __________




___________                              __________


OVERALL RATING                                                GENERAL COMMENTS




                                                                            SIGNATURE - TITLE
F:dpw\123win\forms\Contractor Performance Rating - Administration
                                        CONTRACTOR PERFORMANCE RATING                                                                            CITY OF APPLETON
                                                                    Construction                                                                ENGINEERING DIVISION


Project Name                                                                             Report Date

                                                                                         Contract No.


Contractor                                                                               Type of Construction Performed




                       Prime Contractor                       Subcontractor
Engineer -                                                                               Inspector -

Performance            Importance       Rating               Appraise the Contractor's performance on a scale of from 0 (inadequate) to 10 (superior)
Rating                 Factor
                                                             Quality of Works: Materials, construction methods, workmanship

___________ x            0.30      =    __________



                                                             Prosecution/Progress: Schedule, Performance

___________ x            0.20      =    __________



                                                             Supervision: Competent, available, control of work

___________ x            0.10      =    __________



                                                             Cooperation/Compliance: Communications, conflict resolution, complaints, credibility

___________ x            0.10      =    __________



                                                             Adequacy of Work Force: Size, competence, attitude

___________ x            0.10      =    __________



                                                             Adequacy of equipment: Suitability, condition, sufficient number to perform work

___________ x            0.05      =    __________


                                                             Public Relations: Complaints, notices

___________ x            0.05      =    __________


                                                             Safety/Barricading: Placement, maintenance, signs, shoring

___________ x            0.10      =    __________


OVERALL RATING                                               GENERAL COMMENTS




                                                                           SIGNATURE - TITLE
F:dpw\123win\forms\Contractor Performance Rating - Construction
                                                                DEPARTMENT OF PUBLIC WORKS - OPERATIONS
                                                                                          Municipal Service Building
                                                                                             2625 E. Glendale Avenue
                                                                                     Appleton, Wisconsin 54911-8688
                                                                       Streets, Sanitation, CEA TEL: (920) 832-5580
                                                                                                 FAX: (920) 832-5570



January 1, 2011


TO:       Contractors Using Water from Hydrants

The Appleton Water Utility will no longer install Heim Valves on specific hydrants for use by City
Sweepers, Flushers and Contractors. Heim Valves on hydrants without State approved backflow
preventers are a potential hazard and can become a direct cross connection to the City water system.
Cross connections are a serious threat to a water system and to the consumer.

Contractors needing water may obtain water by the following method. Weather permitting (April through
October) there will be a hydrant located at 2625 E. Glendale Avenue, Municipal Service Building. This
hydrant will be equipped with a State approved backflow preventer. Contractors filling tanks, trucks or
containers will be required to fill at this location. A city employee will operate the hydrant for
contractors. No unauthorized use of any hydrant will be allowed.

Alternatively, contractors doing work for the city under city contracts for water, sewer or concrete can
obtain water by the following process. Register at Municipal Service Building office. A $250.00 deposit
will be required. There are 6 backflow preventers available. Backflow preventers will be loaned out on
first come rotation. A one-week limit will be enforced. You may request for more time provided no
other contractor is waiting. A Water Utility certified tester will install the RP valve at the requested
location. When moving of RP valve is needed, it will be moved only by Water Utility personnel. A log
will be kept of water consumption. Water rates are subject to Public Service Commission adopted rates.
A hydrant user fee of $40.00 will be charged for each hydrant used for flushing or each time a backflow
preventer is moved.


                                                                        APPLETON WATER UTILITY


                                                                        Gary Klein
                                                                        Distribution Foreman




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                                                                  DEPARTMENT OF PUBLIC WORKS-OPERATIONS
                                                                                    Municipal Services Building
                                                                                       2625 E. Glendale Avenue
                                                                                           Appleton, WI 54911
                                                                                        PHONE (920) 832-5580
                                                                                           FAX (920) 832-5570



                                PROTECTION OF WATER SERVICES AND MAINS


Existing Services and Mains

The contractor shall carefully expose, using hand tools, all water services and mains which enter or cross
the proposed area of excavation.

All Water Utility services, mains, hydrants or other appurtenances shall be supported and protected from
damage by the contractor.

The contractor shall notify the Water Utility of any damage caused to surface or subsurface structures by
the work. All expenses for repair or replacement of Utility property shall be billed to the contractor.

The contractor must support water services and mains entering or crossing the trench with granular
material brought to a minimum of 6” above the main or service to be supported and extending at least 1
foot on either side of the pipe. The granular material shall be ¾” bedding stone conforming to section
501.3.6.4.5 of the Wisconsin Department of Transportation Specifications for size #1.

Future Mains

Where future water mains or hydrant leads are intended to enter or cross over the proposed area of utility
installation within one year, the contractor shall backfill with bedding stone as stated above. Bedding
stone shall be brought up to the elevation of the future water line. The cost of the bedding stone used for
the support of future mains and leads shall be borne by the contractor.




J:\CLERICAL - ENG & INSP\Projects\2011\Standard Specifications\Misc Spec Book Documents\Protection of water services and mains letter.doc
                                              MSB HYDRANT

1.     No unauthorized persons other than Fire Department or Water Utility personnel will be permitted to use City
       owned fire hydrants.

2.     Any persons using fire hydrants without Water Utility supervision or knowledge will be subject to a fine per
       Section 20-38 of the Municipal Code. A Police officer will issue a citation to all unauthorized users of fire
       hydrants.

3.     Hydrants on private property are for fire protection only. Fines will also be issued to un-authorized users of
       private hydrants. Same rules apply to users of private hydrants as City hydrants.

4.     Contractors will be allowed to obtain water to fill tank trucks, water tanks, containers etc., from a hydrant that has
       a state approved back flow preventor that will be located at 2625 E Glendale Ave-Municipal Service Building.

5.     Notice of at least 1 hour will be required so we can staff this site. Hours of service will be 8:00 a.m. to 4:30 p.m.
       Monday through Friday and 9:00 a.m. to 4:30 p.m. Saturday and Sunday. Generally from April 1 to November 1
       subject to weather.

6.     Appropriate hose and hose connections must be provided by the customer. Hydrant connection is a 2-1/2” N.S.T.
       (National Standard Thread).

7.     Persons requesting water from a hydrant must register at the Municipal Service Building office at 2625 E
       Glendale Avenue prior to filling tanker or truck. After registration, a log will be kept of each fill up and the
       amount of water used throughout the season. At the end of each season an Invoice will be issued for the amount
       of water used. Water rates are subject to Public Service Commission adopted rates. A hydrant user fee of $40.00
       will be charged.

8.     DO NOT USE THE PRIVATE DRIVEWAY NEAR THE HYDRANT AT MSB TO TURN YOUR
       VEHICLE AROUND. IF YOU GO EAST TO THE END OF GLENDALE, THERE IS A CUL-DE-SAC
       YOU CAN USE TO TURN AROUND.


I hereby make application for the use of water from a hydrant and agree to abide by all rules and regulations of the
Appleton Water Department and approved by the Public Service Commission of Wisconsin governing this class of water
services.

DATE:__________________

CONTRACTOR:________________________________________________________

ADDRESS:____________________________________________________________

CITY, STATE AND ZIP CODE:___________________________________________

SIGNATURE:__________________________________ PRINT NAME:_____________________________

CONTACT PHONE NUMBER:_____________________________

HAS THE CITY HIRED YOU TO DO THIS WORK? YES or NO        (REQUIRED INFORMATION)
IF YES, WHAT IS THE PROJECT # OR THE AREA OF WORK? __________________________________
                  CONTRACTOR REVERSE PRESSURE VALVES
   1. No unauthorized persons other than Fire Department or Water Utility personnel will be permitted to use City
      owned fire hydrants.

   2. Any persons using fire hydrants without Water Utility supervision or knowledge will be subject to a fine per
      Section 20-38 of the Municipal Code. A Police Officer will issue a citation to all unauthorized users of fire
      hydrants.

   3. Hydrants on private property are for fire protection only. Fines will also be issue to un-authorized users of
      private hydrants. Same rules apply to users of private hydrants at City hydrants.

   4. Contractors requesting water for trench flushing must register at the Municipal Service Building office at 2625
      E. Glendale Avenue. A $250.00 deposit will be required each year for the use of a RP Valve. A State approved
      backflow preventer will then be installed on a fire hydrant near the job site for trench flushing. When moving
      of backflow preventer is required, it will be moved only by Water Utility personnel (certified tester).

   5. Supply of backflow preventers is limited. Backflow preventers will be loaned out on a first sign up order. A
      one-week check out limit will be enforced. You may sign up for additional time if there is no waiting list.

   6. A one-hour notice must be provided for moving of R.P. valves. A hydrant user fee of $40.00 will be charged.
      Each time a backflow preventer is moved there will be an additional charge of $40.00. No moves will be made
      after 2:30 p.m. weekdays or on weekends, unless special arrangements are made. After hour moves will
      require overtime pay at the Contractor’s expense.

   7. Flushing of water main for Bac-T testing can be done by the City Inspector providing he/she abides by
      Department of Commerce Regulation. Free flowing hydrants (no hose attached) is recommended. If a hose
      must be attached for flushing, a backflow preventer must be installed or an air gap Standard A112.1.2-91 be
      followed. Distance of air gap is of two times the diameter of pipe of hose used for flushing. Example: a 2 ½”
      Fire hose must have a minimum 5” air gap.

   8. Any backflow preventer damaged during use will be repaired or replaced at Contractor’s expense.

   9. Water usage will be metered. At the end of each year an invoice will be issued for the amount of water used.
      Water rates are subject to Public Service Commission adopted rates.

I hereby make application for the use of water from a hydrant and agree to abide by all rules and regulations of the
Appleton Water Department and approved by the Public Service Commission of Wisconsin governing this class of
water services.

DATE:___________________

CONTRACTOR:________________________________________

ADDRESS:__________________________________ CITY,STATE,ZIP:______________________________

SIGNATURE:________________________________ PRINT NAME:_________________________________

CONTACT PHONE NUMBER:__________________________ DEPOSIT PAID: YES OR NO

HAS THE CITY HIRED YOU TO DO THIS WORK? YES or NO (THIS IS REQUIRED INFORMATION)
IF YES, WHAT IS THE PROJECT # OR AREA OF WORK? ________________________________________
                                                       WISCONSIN ELECTRIC POWER COMPANY

                                                          PRECAUTIONS TO BE TAKEN
                                                                    FOR
                                                   EXCAVATIONS NEAR NATURAL GAS FACILITIES


                    In order to assist those planning or engaging in excavation or demolition to fulfill their
                    obligations with regard to Wisconsin Statutes Sec. 182.0175 the following are the precautions to
                    be taken for excavations near gas facilities.

                    1.        Work Planning. Wisconsin Statues Sec. 1892.0175(2)(a)(1) and (2). The Wisconsin
                              Electric Power Company will furnish gas locations for use on plans or drawings of any
                              proposed construction. Two copies of preliminary construction drawings should be
                              submitted to Wisconsin Electric Power Company, P.O. Box 907, 800 S. Lynndale Drive,
                              Appleton, noting the proposed construction. One copy will be marked showing existing
                              natural gas facilities and will be returned to the sender. The other copy will be retained
                              for WNG records. These map locations shall not be used for excavation clearance.

                    2.        Advance Notice. In addition, the contractor, utility or municipality actually doing the
                              work shall give at least three (3) days notice to WNS 920/735/1246, Appleton, of their
                              intention to excavate or work in the WEPCO Appleton Division service area. Wisconsin
                              Statutes Sec. 1892.0175 (20(a)(3). WNG will then field locate and mark gas facilities
                              prior to the beginning of any excavations.

                    3.        Exposing Gas Mains and Services. No excavating using machinery or power tools shall
                              be permitted within 18 inches of an existing gas main or service. Hand tools shall be
                              used in the last 18 inches approaching the existing gas facility, until the facility has been
                              expose. Wisconsin Statues Sec. 1892.0175 (20(a)(4). Extreme caution shall be used to
                              avoid damaging gas pipes and their coatings.

                    4.        Inspection of Exposed Pipes. The excavator shall inspect prior to backfilling all gas pipes
                              expose during excavation to ascertain if such pipes have been or may have been struck,
                              damaged, dislocated or disrupted and notify promptly WNG before backfilling.
                              Wisconsin Statues Sec. 1892.0175 (20(a)(6).

                    5.        Support. When the work might result in the removal, shifting, or reduction of soil
                              supporting the gas pipe, adequate provision shall be made for supporting the pipe and
                              the soil supporting the gas pipes. Wisconsin Statues Sec. 1892.0175 (20(a)(6).

                    6.        Backfilling. The zone of trench or excavation that is located near or under any active gas
                              pipe shall be backfilled in accordance with this section. The limits of this backfilling
                              requirements include all depths and horizontal dimensions which encompass the work
                              described in Section 6, Support. As a minimum, the affected backfill work includes all
                              volumes of excavation located below a plan starting four feet horizontally from the gas
                              pipe and extend downward at a 45 degree angle from the horizontal to undistributed
                              natural materials. All cave-in or shifted soil must be either excavated or compacted as
                              described herein. The material and methods for compaction shall provide a permanent


J:\CLERICAL - ENG & INSP\Projects\2009\Spec Book Documents\WNG Precautions for Excavating.doc
                              non-settling support condition. No potentially compressible or organic backfill materials
                              will be permitted. No frozen backfill material shall be placed, nor shall fill be placed on
                              or adjacent to frozen ground. The fill shall b native soil obtained from the excavation at
                              a natural subsoil free of stones larger than four (4) inches in size, with no more than 10
                              percent of the minus No. 4 sieve material passing the No. 200 sieve. When placing any
                              fill in wet weather and/or in wet areas, this requirement shall be modified to not more
                              than 5 percent passing the NO. 200 sieve. Place the backfill material in horizontal layers
                              and immediately thoroughly compact each layer. Loose layer thickness shall not exceed
                              12 inches and degree of compaction attained shall be at least equal to the natural
                              undisturbed soil density or 90 percent Standard Proctor Density (ASTM-D-698). No
                              jetting will be permitted.




J:\CLERICAL - ENG & INSP\Projects\2009\Spec Book Documents\WNG Precautions for Excavating.doc
1.1   Contractor’s Insurance

      The contractor shall not commence work under this contract until he has obtained all insurance required
      under this paragraph and such insurance has been approved by the Department of Personnel, nor shall the
      contractor allow any subcontractor to commence work on his subcontract until all similar insurance required
      of the subcontract has been so obtained and approve.

      a.      Worker’s Compensation Insurance - (Refer to Section 3.2)
              The contractor shall take out and maintain during the life of this contract Worker’s Compensation
              Insurance for all of his employees employed at the site of the project, and in case work is sublet,
              the contractor shall require the subcontractor similarly to provide Worker’s Compensation
              Insurance for all of the latter’s employees unless such employees are covered by the protection
              afforded by the contractor. In case any class of employees engaged in hazardous work under this
              contract at the site of the project is not protected under the Worker’s Compensation Statute, the
              contractor shall provide and shall cause for each subcontractor to provide adequate insurance for
              the protection of his employees not otherwise protected. The insurance shall include coverage as
              required by the Special Provisions.


      b.      Bodily Injury and Property Damage Liability Insurance, Comprehensive Automobile Liability and
              Comprehensive General Liability, Umbrella (if required) and Aircraft Liability (if required)

              The contractor shall take out and maintain during the life of this contract such Bodily Injury and
              Property Damage Liability Insurance as shall protect him, the City, and any and all subcontractors
              performing work covered by this contract from claims for damages for personal injury, including
              accidental death as well as from claims for property damages which may arise from operation
              under this contract whether such operation be by himself or by any subcontractor or by anyone
              directly or indirectly employed by either of them and the amount of such insurance shall be as
              required by the Special Provisions.
      c.      Subcontractor’s Insurance -
              The contractor shall require subcontractor, if any, not protected under the contractor’s insurance
              policies, to take out and maintain insurance as above stated.
      d.      Indemnification -
              Contractor agrees to indemnify, defend and hold harmless the City of Appleton and its officers,
              employees and agents from and against any and all liability, loss, damage, expense, costs,
              including attorney fees arising out of the work performed as described herein, caused in whole or
              in part by any negligent act or omission of the contractor, any subcontractor, anyone directly or
              indirectly employed by any of them or anyone whose acts any of them may be liable for, except
              where caused by the sole negligence or willful misconduct of the City.
e.   Evidence of Insurance -
     The contractor shall file a “Certificate of Insurance” with the Department of Personnel (Risk
     Manager) as evidence of having the required insurance coverage. The contractor may be required
     to provide copies of insurance policies if requested by the Department of Personnel. The
     contractor shall name the City of Appleton as an additional insured on any insurance required
     under this contract.
     Note: This certificate of Insurance must be executed after the contract and before
           work commence.
                            CERTIFICATE OF INSURANCE


                                                                    Contractor

                                      , Wisconsin

     Location of Works                 Appleton, Wisconsin

     Reference - Unit No.

     City of Appleton, Wisconsin                                     , 20


     Gentlemen:
     The undersigned certifies that (1) the insurance as required by this contract, now in effect, which
     names as the assured the contractor of the contract to which this certificate is attached; (2) that
     such insurance’s will not be modified or canceled in whole or in part without first giving the party
     to whom this certificate is addressed thirty days written notice prior to such modification or
     cancellation.
     The contractor hereby certifies that he has heretofore and will during the progress of the work
     comply with the Wisconsin Unemployment Insurance Act and will hold the City harmless from any
     liability for benefits under such Act or Acts by reason of discontinuance by the contractor of the
     employment of any person engaged by the contractor upon the work. The contractor also hereby
     certifies that he will during the progress of the work, comply with Federal Social Security Act and
     will hole the City harmless from any Social Security payments and provisions required by such Act
     respecting his or his subcontractor’s employees.
                                                                                 Contractor


                                         _____________________________ BY
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*****************

PROPOSAL

*****************
                                   PROPOSAL                                            P-1

       Bids to be received until                   (local time) the       day of                    .

TO:    Office of the City Clerk
       City of Appleton
       City Hall
       100 North Appleton Street
       Appleton, Wisconsin 54911

       The undersigned, having familiarized himself with the local conditions affecting the cost of
the work and with the contract documents, including Advertisement of Bids, Instructions to Bidders,
General Requirements, the form of the Proposal, the form of the Contract, the form of the Bond,
Plans, Specifications, and Addenda Exhibits issued and attached to the Specifications on file in the
office of the City Engineer, City Hall, 100 N. Appleton Street, Appleton, Wisconsin 54911, hereby
proposes to perform everything required to be performed under the contract and to provide and
furnish all of the labor, necessary tools, material or expendable material, except as is specified as
being provided by the City of Appleton, and all utility and transportation services and appurtenances
necessary to perform and complete in a workmanlike manner all of the work required and as called
for in the following proposals in connection with the construction of:
                                                                         in the City of Appleton,
Wisconsin, all in accordance with the plans and specifications on file, including Addenda Number
(s)        issued thereto for the following price(s); to wit:


                               Ad. No.         :          $
                               Ad. No.         :          $


Pursuant to Section 66.0901(7) of the Wisconsin State Statutes, a list of subcontractors shall be
included with the proposal. Include below a list of subcontractors:


        Company Name:                          Type of work to be performed:
__________________________                     ______________________________
__________________________                     ______________________________
__________________________                     ______________________________
__________________________                     ______________________________
                                           PROPOSAL AFFIDAVIT                                              P-2


          I    hereby certify             that     all    the     statements         herein   are   made   on    behalf   of


                                           (Name of Corporation, Submitting Bid)

                                       (STRIKE CLAUSES NOT APPLICABLE)

a Corporation organized and existing under the laws of the State of                                                       ;a
Partnership consisting of                                     ; an Individual trading as                         of the City
of             , State of                                             ; that I have examined and carefully prepared this
proposal from the plans, specifications, and a field inspection of the site where necessary and have
checked the same in detail before submitting this proposal; that I have full authority to make such
statements and submit this proposal in (its) (my) (strike if not applicable) behalf; and that the
statements are true and correct.
                                                                 BY                                                (SEAL)
                                                         (PRINT)
                                                         TITLE
                                                  ADDRESS
                                      CITY,STATE,ZIP                                                                      __




Subscribed and sworn to before me
this                day of                                                 20_____
                                                                            (SEAL)
(PRINT)
Notary Public
State of Wisconsin
My Commission Expires

(Bidders should not add any conditions or qualifying statements to this proposal as otherwise the
proposal may be declared irregular as not being responsive to the advertisement.)


K:\DPW\SECTECH\MaryS\Doc\CONTRACT\proposal section original doc 2007.doc
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PROPOSAL            WISCONSIN AVENUE RETAINING WALL REPAIRS                              G-11     March 7, 2011


                                                                                         Unit
 Item                             Description                       Qty./     Unit      Price/$      Total/$

  1.    Mobilization                                                 1      lump sum

  2.    Epoxy Injection Crack Repair - Wisconsin Avenue             375       lin.ft.

  3.    Concrete Patching                                           105       cu.ft.

  4.    Mortar Patching                                              3        cu.ft.

  5.    Traffic Control                                              1      lump sum

  6.    Epoxy Crack Injection - Olde Oneida Street                  75        lin.ft.

  7.    Bridge Repairs - Olde Oneida Street                          1      lump sum



                                         TOTAL ITEMS 1 THROUGH 7:

BY SUBMITTING A BID AND SIGNING THIS DOCUMENT, THE CONTRACTOR ACKNOWLEGES THAT THEY HAVE EXAMINED THE
PROPOSED SITES, THE PLANS AND SPECIAL PROVISIONS AND THE CITY OF APPLETON STANDARD SPECIFICATIONS
WHICH ARE UNDER SEPARATE COVER




        COMPANY:

        PHYSICAL ADDRESS:

        CITY, STATE, ZIP:

        BY:

        PRINT:

        TITLE:

        TELEPHONE:

        FAX:




DATE:




        CITY OF APPLETON
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*************

 CONTRACT

*************
                                         CONTRACT                                            C-1

THIS CONTRACT, approved by the Appleton Common Council the                      day of ________

20____ made by and between                                                               hereinafter

called the “Contractor” and    City of Appleton                                   hereinafter called the

“Owner”.

Witnesseth, that the Contractor and the Owner for the consideration stated in Article II herein agree

as follows:

ARTICLE I, SCOPE OF WORK. The contractor shall perform everything required to be performed

under the contract and shall provide and furnish all the labor, materials, “except that which is

expressly stated will be furnished by the owner”, necessary tools, expendable equipment, and all

utility and transportation services required to perform and complete in a workmanlike manner all of

the work required for the construction of and furnishing material for

                                                                            all in accordance with the

plans and specifications including any and all addenda, prepared by the Department of Public

Works, and in these contract documents referred to as the ‘Owner”, which plans and specifications

are made a part of this contract, and in strict compliance with the contractor’s proposal and the other

contract documents herein mentioned which are a part of this contract.

ARTICLE II, THE CONTRACT PRICE. The owner shall pay to the contractor for the performance

of this contract, subject to any additions or deductions provided therein, in current funds, the

contract price computed as follows:

                                      AWARDED:
                         CONTRACT                                       C-2

Payments are to be made to the contractor in accordance with and subject to the
provisions embodied in the documents made a part of this contract.

The actual sum to be paid, however, will be the aggregate total determined by the work
actually performed by the contractor calculated based upon the unit prices set out in the
Proposal and which are hereto attached and made part hereof.

ARTICLE III, COMPONENT PARTS OF THIS CONTRACT. This contract consists
of the following component parts all of which are as fully a part of this contract as if
herein set out verbatim or, if not attached, as if hereto attached.

1.        General Conditions            4.      Specifications, Addenda Nos.
2.        Advertisement for Bids        5.      Plans
3.        Instructions to Bidders       6.      Contractor’s Proposal
                                        7.      Contract (This Instrument)

                     ARTICLE IV ADDITIONAL PROVISIONS

Indemnification Clause. The contractor agrees to indemnify, defend and hold harmless
the City of Appleton and its officers, officials, employees and agents from and against
any and all liability, loss, damage, expenses, costs, including attorney’s fees, arising out
of the activities performed as described herein, caused in whole or in part by any
negligent act or omission of the Contractor, anyone directly or indirectly employed by
any of them or anyone whose acts any of them may be liable, except where caused by
the sole negligence or willful misconduct of the City.

In the event that any provision in any of the above component parts of this contract
conflicts with any provision in any other of the component parts, the provision in the
component part first enumerated above shall govern over any other component part
which follows it numerically, except as may be otherwise specifically stated.

IN WITNESS WHEREOF, the parties have caused this instrument to be executed in
three original counterparts the day and year first above-mentioned.

                                                                                  (SEAL)
                                                        Contractor

Attest:                                         By

                                                Print ____________________________
                                        Title
                                        By
                                                Title
                                                          CITY OF APPLETON                (SEAL)
                                                                    Owner

      Attest:                                          By ______________________________
                                                                  Mayor
                                                       By
                                                                    City Clerk
      Provision has been made to pay the liability
      that will accrue under this contract.                    Approved as to Form:

                                                               ___________________________
                    Finance Director                           Attorney for Owner
                                                      Dated:


                        INSTRUCTION FOR EXECUTING CONTRACT

       If the contractor is a corporation, the following certificate should be executed:


       I                          , certify that I am Secretary of                  (Contractor), a
corporation; that I have duly signed the foregoing contract for and in behalf of the contractor as
Secretary of said corporation by authority of its governing body, within the scope of its corporate
powers.


                                                                       (Corporate Seal)


       If the contract is signed by the secretary of the corporation, the above certificate should be
executed by some other officer of the corporation under the corporate seal. In lieu of the foregoing
certificate, there may be attached to the contract copies of so much of the records of the corporation
as will show the official character and authority of the officer signing, duly certified by the secretary
or assistant secretary under the corporate seal to be true copies.


       The full name and business address of the contractor should be inserted and the contract
should be signed with his official signature. Please have the name, of the signing party or parties,
typewritten or printed under all signatures to the contract.
                                                                                             C-4


       If the contractor is operating as a partnership, each partner should sign the contract. If the
contract is not signed by each partner, there should be attached to the contract a duly authenticated
power of attorney evidencing the signer’s (signers’) authority to sign such contract for and in behalf
of the partnership.


       If the contractor is an individual, the trade name (if the contractor is operating under a trade
name) should be indicated in the contract and the contract should be signed by such individual. If
signed by one other than the contractor there should be attached to the contract a duly authenticated
power of attorney evidencing the signer’s authority to execute the contract for and in behalf of the
contractor.
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************

   BOND

************
                                              CITY OF APPLETON                                      B-1

                          PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND
                                    MATERIAL PAYMENT BOND


        This form of Bond shall be used to guarantee that the contractor shall perform all work required under
this agreement and it must be executed upon award of contract.

       KNOW ALL MEN BY THESE PRESENTS, that we,

as Principal, and
as Surety, are held and firmly bound unto the City of Appleton, Wisconsin hereinafter called the Owner, for the
use and benefit of claimants as hereinafter provided in the amount of

Dollars (               ) for the payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.

      WHEREAS, Principal has by written agreement dated                       , 20__, entered into a contract with
Owner for

                                                                           in accordance with drawings and
specifications prepared by the City of Appleton which contract is by reference made a part hereof and is
required by Section 779.14, Wisconsin Statutes, to contain in substance the following provision:

        The contractor shall pay all claims for labor performed and materials furnished, used or consumed in
making the public improvement or performing the public work, including, without limitation because of specific
enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus,
tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes,
premiums for workmen’s compensation insurance and contributions for unemployment compensation.

       The said written agreement, drawings, specifications, and amendments are hereinafter referred to as the
Contract.

        NOW, THEREFORE THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person
entitled thereto for all claims for labor performed and materials furnished under the Contract, to be used or
consumed in making the public improvement or performing the public improvement or performing the public
work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full
force and effect, subject, however, to the following conditions:

       (1)     No assignment, modification or change of the Contract, or change in the work covered thereby,
               or any extension of time for the completion of the Contract shall release the sureties on the bond.
                                                                                                      B-2

(2)    Not later than one year after the completion of work under the Contract, any party in interest may
       maintain an action in his own name against the Principal and the Surety upon this bond for the
       recovery of any damages he may have sustained by reason of the failure of the Principal to
       comply with the Contract or with the Contract between the Principal and his subcontractors. If
       the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall
       be distributed among the parties pro rata.


Signed and sealed this            day of                   , 20      , in the presence of:



       Principal                                        Business Address

                                              By                                         (SEAL)
       Witness                                        Title:




       Surety                                         Business Address


                                              By                                         (SEAL)
       Witness                                        Title:


                         Approved by the City of Appleton.


                                       By
                                                               Mayor

				
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