(a) "Contract documents" means the
written agreement between the department and the prime contractor that sets
forth the obligations of the parties to the contract, including the invitation
for bids, proposal, contract form and contract bond, standard specifications,
supplemental specifications, interim supplemental specifications, special
provisions, addenda, general plans, detailed plans, erosion control plan, ECIP,
notice to proceed, permits issued by the department, and any contract change
orders and agreements required to complete the construction of the work in an
acceptable manner, including authorized extensions and erosion control
(b) "Progress schedule"
means the schedule that establishes completion dates for activities required in
the contract documents, and interim completion dates, including revisions and
updates to that schedule.
(2) Except as provided in sub. (3), activity
necessitated by a prohibited discharge from a project or selected site shall be
considered a department-directed revision to the contract and the department
shall pay all costs associated with the discharge in accordance with contract
The prime contractor shall pay all costs
associated with a prohibited discharge from a project site or selected site if
any of the following apply:
contractor was not in compliance with the contract documents at the time of the
prohibited discharge, and the failure to comply was a substantial contributing
factor in causing, failing to prevent, or worsening the discharge. An
inspection report prepared under s.
that identifies non-compliance with the ECIP is
not considered non-compliance with an ECIP unless an erosion control order is
issued under s.
and the changes or corrections required by the erosion control order have not
been satisfactorily completed.
The performance under the contract documents has fallen behind the progress
schedule and the prime contractor has not submitted to the project engineer a
revised progress schedule within 5 days after receiving a written request from
the project engineer to revise the progress schedule. This subdivision applies
only if the failure to comply with the progress schedule was a substantial
contributing factor in causing, failing to prevent, or worsening the
This subsection does not apply to any of
the following prohibited discharges:
Discharges occurring after the project has been completed and accepted as final
in the manner prescribed in the contract documents.
b. Discharges occurring from any portion of
work for which the department has granted partial acceptance as provided in the
This section does not apply to prohibited discharges from a utility facility