PROJECT MANUAL
for
GREENFIELD PARK OAK LEAF TRAIL Site #766 124th Street to West Allis Trail Connection West Allis, Wisconsin
Project Number P698-19613 WisDOT Project I.D. 2967-01-74
Federally Funded with Transportation Alternatives Program
Project includes a Disadvantaged Business Enterprise (DBE) 15% goal GREENFIELD PARK OAK LEAF TRAIL Site #766 124th Street to West Allis Trail Connection West Allis, Wisconsin
Milwaukee County Project Number: P698-19613 WisDOT Project I.D. 2967-01-74 Federally Funded with Transportation Alternatives Program
Prepared by: MILWAUKEE COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES FACILITIES MANAGEMENT ARCHITECTURE, ENGINEERING AND ENVIRONMENTAL SERVICES SECTION 633 West Wisconsin Avenue, Suite 1000 Milwaukee, Wisconsin 53203
(414) 278-4861
DATE: AUGUST 6, 2021
Plan Distribution & Bidders List Bid Express https://www.bidexpress.com/businesses/24937/home
Project Architect/Engineer David S. Gulgowski, P.E. 414-278-4942 [email protected] Community Business Development Partners Lamont Robinson 414-278-4749 EEO Contract Compliance Paul Grant 414-278-4292 Diggers Hotline Milwaukee County 800-242-8511
\\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Front End\00002TITLErev.doc 5/19 P698-19613 DOCUMENT 00010 TABLE OF CONTENTS
Pages Through Title Page 1 Page
Documents 00010 Table of Contents 00010-1
BIDDING 00100 Invitation to Bid 00100-3 00200 Instructions to Bidders 00200-7 00201 COVID-19 Reference Documents 00201-3 Universal Face Mask Policy and Procedures 9 pages Health Screening Policies and Procedures 15 pages 00400 Bid Form 00400-4 DBE-14 Commitment to Contract with DBE Firms 2 Pages
CONTRACT CONDITIONS Standard General Conditions of the Construction Contract EJCDC No. 1910-8 (1996 Edition) (not bound herein) 00800 Supplementary Conditions 00800-12 00800 Exhibit A: Change Orders, Extra Work and Claims and WisDOT Contract Modification Prior Approval Justification 9 Pages Advance Purchase Submittals 3 Pages 00819 First Source Employment Program 00819-2 00820 Equal Opportunity Contract Requirements 00820-18 DBE-00 Disadvantaged Business Enterprise (DBE) Utilization Specifications 3 Pages DBE-01 DBE Certificate of Good Faith Efforts 4 Pages DBE-18 Contract Close-Out Payment Certification 1 page Milwaukee County Wage Rate Affidavit of Compliance – Form 2036 1 Page 00850 Wisconsin Department of Transportation Insert Package 99 Pages
SPECIFICATIONS Section DIVISION 1 - GENERAL REQUIREMENTS 01100 Summary 01100-4 01200 Price and Payment Procedures 01200-4 01300 Administrative Requirements 01300-3 01330 Submittal Procedures 01330-5 01400 Quality Requirements 01400-3 01500 Temporary Facilities and Controls 01500-8 01505 Construction Waste Management and Disposal 01505-9 01600 Product Requirements 01600-3 01700 Execution Requirements 01700-5
DIVISION 2 - SITE CONSTRUCTION 02211 Grading and Site Clearing 02211-3 02372 Erosion Control Devices 02372-1 02722 Site Storm Sewer Systems 02722-3 02740 Asphaltic Concrete Paving 02740-5 02924 Seeding and Soil Supplements 02924-7
DRAWINGS
END OF DOCUMENT
00010-1 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Front End\00010rev - OLT Greenfield.doc 3/19 P698-19613 DOCUMENT 00100 INVITATION TO BID
NOTICE TO CONTRACTORS
1. DESCRIPTION
Project: Greenfield Park Oak Leaf Trail 124th Street to West Allis Trail Connection Site # 766 West Allis, Wisconsin
Project No.: P698-19613 WisDOT Project ID: 2967-01-74
Contract Bids: Contract 1: Trail Construction
PROJECT IS FEDERALLY FUNDED WITH TRANSPORTATION ALTERNATIVES PROGRAM.
CONTRACT PROVISIONS WILL ALSO INCORPORATE WISDOT STANDARD SPECIFICATION 108.1.2 THAT REQUIRES: “Prime Contractor Participation (1) Perform at least 30 percent of the original contract amount with the contractor’s own organization. The contractor’s own organization is defined as workers the contractor employs and pays directly as well as equipment the contractor owns or rents, either with or without operators.”
CONTRACTOR SHALL PROVIDE WRITTEN PROJECT BID SUBMITTAL OF COVID-19 SAFETY PROTOCOL. SEE REFERENCE DOCUMENTS LISTED IN DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS, ARTICLE 16, TO BE ELIGIBLE FOR AWARD OF CONTRACT.
2. BID
Bids are to be completed online in Bid Express internet Bidding System at https://www.bidexpress.com/businesses/24937/home no later than 2 P.M., September 8, 2021.
For Federal or State funded projects only: Milwaukee County will publicly open bids after Bid due time at 633 W. Wisconsin Ave., 10th Floor, Milwaukee WI. Milwaukee County advertisement of project bidding and bid summary results will be posted on the Bid Express site and or Milwaukee County website at www.county.milwaukee.gov. Bid summary results may be available a few days following the Bid Due time.
3. BID DOCUMENTS
Bidding document distribution will be online in Bid Express internet Bidding System at https://www.bidexpress.com/businesses/24937/home. All bidders must meet the minimum software requirements of the bidding website and be able to view, enter, scan and upload PDF files to submit a bid.
BIDDERS WHO SUBMIT A BID SHALL OBTAIN DOCUMENTS AND BE A PLAN HOLDER OF RECORD AT BID EXPRESS. BIDS FROM BIDDERS WHO ARE NOT ON THE PLAN HOLDERS LIST WILL BE REJECTED AS BEING NON-RESPONSIVE.
4. QUALIFICATION OF BIDDERS
Prime Contractors submitting a Bid shall be Qualified by Milwaukee County prior to submitting a Bid. See Document 00200 Instructions to Bidders Article 14 - Qualification of Bidders.
00100-1 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\PDF's\Front End\00100revBE - OLT Greenfield.doc 5/20 5. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
Bidders attention is called to the "Notice of Requirements for Affirmative Action to Insure Equal Employment Opportunity" contained in bid documents.
6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS
The project has a Disadvantaged Business Enterprise (DBE) 15% goal. To be considered for the project, you must submit Subcontractor/Supplier Information with your Bid/Proposal listing all subcontractors. Additionally, the award of this Contract is conditioned upon your good faith efforts in achieving the project’s DBE goal, and you must document those efforts by submitting with your Bid/Proposal one of the following:
1. A signed and notarized Commitment to Contract with DBE (DBE-14) form, one for each of the DBE firms included to meet or exceed the DBE goal;
2. A Certificate of Good Faith Efforts (DBE-01) form and all relevant documentation, including a signed and notarized Commitment to Contract with DBE (DBE-14) form for each DBE, documenting the participation achieved toward satisfying the goal.
DBE-14 form(s) must identify (1) the DBE firm by name and address, (2) the scope of work/service(s) to be provided, (3) the dollar amount of such work, and (4) the percentage. The form is first completed and signed by the Prime, then forwarded to the DBE subcontractor for signature in the affirmation section. Signatures must occur in the proper date order sequence, or the form may be considered non-responsive. Community Business Development Partners (CBDP) is entitled to reject your Bid/Proposal for improperly completed forms.
A necessary step in the good faith efforts process is contacting CBDP at 414-278-4851 or [email protected] for assistance in identifying DBEs and understanding the County’s DBE Program procedures. The official directory of eligible DBE firms can be accessed through the following link:
http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx
Community Business Development Partners (CBDP) is responsible for monitoring and enforcing Milwaukee County's Disadvantaged Business Enterprise (DBE) Program, in compliance with County Ordinance and Federal Regulation. CBDP submits routine reports to the County Board, the Federal Aviation Administration (FAA), the Federal Transportation Administration (FTA), and the Federal Highway Administration (FHWA) for County and Federal spend; establishes participation goals, and monitors contracts for compliance with project specifications and applicable legislation. Reporting is accomplished from collection of data in the Diversity Management and Compliance System, utilizing B2GNow software. Prime contractors are required to report payments received from the County and amounts paid to subcontractors. Subcontractors will receive an automated email requesting them to confirm the amounts and whether the terms of the prompt payment policy were complied with. There is no cost to the Prime or any subcontractor, the only requirement is to become a registered user and complete the one hour webinar training. The County will enter the initial contract into the system, and the Prime will enter all subcontractors, including both DBE and non-DBE firms.
The Disadvantaged Business Enterprise (DBE) Utilization Specifications and forms to be used are included in the Project Manual/RFP.
7. BIDDING REQUIREMENTS
Accompany each contract bid with certified check or bid bond for 10 percent of bid.
No bids may be withdrawn for 60 days after bid due date.
00100-2 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\PDF's\Front End\00100revBE - OLT Greenfield.doc 5/20 Bidders shall be qualified in accordance with Chapter 43 of the Milwaukee County Ordinances.
Owner reserves right to reject bid, to waive informalities in bid or to accept bid which will be in best interest of Owner.
END OF DOCUMENT
00100-3 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\PDF's\Front End\00100revBE - OLT Greenfield.doc 5/20 P698-19613 DOCUMENT 00200 INSTRUCTIONS TO BIDDERS
1. DEFINITIONS
1.1 Bidding Documents include Bidding Requirements and proposed Contract Documents. Bidding Requirements consist of Invitation to Bid, Instructions to Bidders, Bid Forms, Entries, and other bidding and contract forms. Proposed Contract Documents consist of Form of Agreement between Owner and Contractor, Conditions of Contract (General, Supplemental and other Conditions), Drawings, Specifications and Addenda issued before execution of Contract.
1.2 Definitions set forth in Standard General Conditions of the Construction Contract, EJCDC No. 1910-8, or in other Contract Documents are applicable to Bidding Documents.
1.3 Time when bids are due: Prevailing Central Time in force at Milwaukee, Wisconsin on date set forth in Bid Documents.
1.4 Addenda: Written or graphic instruments issued by Engineer prior to execution of Contract which modify or clarify Bidding Documents by additions, deletions, clarifications, or corrections.
1.5 Bid: Complete and properly execute Bid Documents to do Work for price stipulated therein, submitted in accordance with Bidding Documents.
1.6 Base Bid: Price stated in Bid Documents for which Bidder offers to perform Work described in Bidding Documents as base, to which Work may be added or from which Work may be deleted for sum stated in Alternative Bid.
1.7 Alternative: Amount stated in Bid Documents to be added to or deducted from amount of Base Bid if corresponding change in Work, as described in Bidding Document, is accepted.
1.8 Substitute Bid: Substitute Bids are not used to determine contract award or change contract requirements. They may be accepted by Owner either before or after contract signing at price stated.
1.9 Allowances: Each Bidder shall read Allowance Section in General Requirements for inclusion in Bid.
1.10 Unit Price: An amount stated in Bid as a price per unit of measurement for materials, equipment or services or a portion of Work as described in Bidding Documents. Unit Prices may be used to add or deduct amount of work required under Contract.
2. DOCUMENTS
2.1 Bidding Documents are available as stated in Document 00100, Invitation to bid.
2.2 Use complete sets of Bidding Documents in preparing Bids; neither Owner nor Engineer assumes responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents.
2.3 In making copies of Bidding Documents available on above terms, Owner and Engineer do so only for purpose of obtaining Bids on Work and do not confer a license or grant permission for other use of Bidding Documents.
00200-1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 3. BIDDER'S REPRESENTATION
3.1 Bidder, by making a Bid, represents that:
3.1.1 Bid is made in accordance with Bidding Documents that Bidder has read and understands.
3.1.2 Bidder has read and understands Bidding Documents and Contract Documents, to extent that such documentation relates to Work for which bid is submitted and for other portions of Project being bid concurrently or presently under construction.
3.1.3 Bidder has visited site, become familiar with local conditions under which Work is to be performed and has correlated Bidder's personal observations with requirements of proposed Contract Documents.
3.1.4 Bid is based upon materials, equipment and systems required by Bidding Documents without exception.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS
4.1 Carefully study and compare Bidding Documents with each other, and with other work being bid concurrently or presently under construction to extent that it relates to Work for which Bid is submitted, examine site and local conditions, and at once report to Engineer errors, inconsistencies or ambiguities discovered.
4.2 Engineer shall receive requests for clarification or interpretation of Bidding Documents in writing at least seven days before Bid Due Date time.
4.3 Interpretations, corrections, and changes to Bidding Documents will be made by written Addenda; interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding.
4.4 Failure to request clarification or interpretation of Contract Documents will not relieve Contractor of responsibility for compliance with Contract Documents. Signing of Agreement will be considered as indication that Contractor has thorough comprehension of full intent and scope of Contract Documents.
5. SUBSTITUTIONS
5.1 Materials, products and equipment described in Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by proposed substitution.
5.2 No substitution will be considered before receipt of Bids unless Engineer receives written request for approval at least seven days before Bid Due Date time. Include name of material or equipment for which substitution is proposed and a complete description of proposed substitution including drawings, performance and test data and other information necessary for evaluation. Include statement indicating changes in other materials, equipment or other portions of Work including changes in work of other contracts that incorporation of proposed substitution would require. Burden of proof of merit of proposed substitution is upon proposer. Engineer's decision of approval or disapproval of proposed substitution shall be final.
5.3 If Engineer approves a proposed substitution before receipt of Bids, approval will be set forth in an Addendum. Do not rely on approvals made in other manner.
00200-2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 5.4 Propose substitute material, product or equipment in space provided in "Substitute Bid" portion of Bid entry. State name of manufacturer, type or brand of material or equipment, and addition to or deduction from Base Bid. This proposal is for information only and will not be included in the bid evaluation.
5.4.1 Material and equipment must meet requirements as to type, quality, function, appearance, and physical dimensions of Bidding Documents.
5.5 No substitute will be considered after Contract award unless specifically provided in Contract Documents.
6. ADDENDA
6.1 Addenda notification will be available to bidders who obtain Bid Documents from BID EXPRESS and Indicate they are a Plan holder.
6.2 Acknowledge receipt of Addenda issued on Bid submittal entry or bid may be rejected.
7. FORM AND STYLE OF BIDS
7.1 Submit Bid on BID EXPRESS website only.
7.2 Complete all bid entries and attachment uploads. If Bid is not complete, Owner reserves right to reject bid.
7.3 Bid requested alternatives. If no change in Base Bid occurs, enter "Zero” (0) . Failure to bid Alternatives will be cause for rejection of bid.
7.4 Include with each Bid legal name and address of Bidder and a statement that Bidder is sole proprietor, partnership, corporation or other legal entity. Each bid shall be signed by a person or persons legally authorized to bind Bidder to contract. If Bidder is a corporation, furnish state of incorporation and affix corporate seal.
8. SUBMISSION OF BIDS
8.1 Submit Bid online in BID EXPRESS internet Bidding System at https://www.bidexpress.com/businesses/24937/home. Bidder shall follow all required instructions, make Bid entries, upload completed attachments, acknowledge, and confirm acceptance in the BID EXPRESS System prior to Bid Due Date time listed on System Bid Documents. Bid entries after the Bid Due time will not be accepted. If Bid is not complete, Owner reserves right to reject bid.
8.2 Assume full responsibility for timely entry and acknowledgement designated for receipt of Bids.
8.3 Paper, oral, faxed, telephonic or telegraphic Bids are invalid and will not receive consideration.
9. BID SECURITY
9.1 Bid bond or certified bank check payable to Milwaukee County in amount of 10 percent of base bid shall accompany each Contract bid as a guaranty that, if bid is accepted, bidder will submit signed contract and performance bonds within 10 days after contract award. Company executing bid bonds must be licensed to do business in Wisconsin. Checks will be cashed.
9.1.1 Bid bond or check copy shall be scanned and uploaded with Bid entry. Copy
00200-3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 of appropriate bid bond and check will be accepted at time bid entry is submitted, provided that original signed and sealed Bid bond or check is filed in office of Architecture, Engineering and Environmental Services Section, 633 West Wisconsin Avenue, Suite 1000, within 3 business days after apparent low bidder is notified that its bid has been recommended by Department of Administrative Services for acceptance.
9.2 Bid deposits will be returned upon receipt of signed Contract. Upon receipt of Contract, Bidder has 10 days, or such additional time for which there exists an excusable delay approved by Department of Administrative Services, to return signed Contract and Performance Bond or bid guarantee shall be forfeited as liquidated damages (Chapter 44 of Milwaukee County General Ordinances).
9.3 Checks will be released for refund within 7 days after signed Contract is received by Owner. Allow 2 weeks for Owner to issue refund check.
10. POWER OF ATTORNEY
10.1 Upload scanned certified and effective dated copy of Power of Attorney to each bid entry or Contract bond by Attorney-in-Fact executing documents.
11. MODIFICATION OR WITHDRAWAL OF BID
11.1 Bidder may modify its bid and submit new bid entries before the time bids are due. Bidder claiming error or omission after bid due time shall immediately notify Department of Administrative Services and bid shall be voided; bidder shall not be eligible to bid on Work unless it is rebid.
11.2 If error or omission is discovered after bid due time, immediately give written notice to Department of Administrative Services and present clear and satisfactory evidence that it was not caused by carelessness in examining bidding documents. In accordance with Department of Administrative Services procedures, bid shall be voided without bid deposit forfeiture.
11.3 Bid may not be modified, withdrawn or canceled by Bidder for a period of 60 days after time and date designated for receipt of Bids.
11.4 Upon authorization of awarding authority, contracts shall be effective upon execution by Contractor and County and compliance by Contractor with performance bond and insurance requirements. Fulfillment of these conditions shall be documented by issue of a Notice-to-Proceed from Department of Administrative Services to Contractor.
12. CONSIDERATION OF BIDS
12.1 The lowest bid will be determined on the basis of the Base Bid plus the Alternative Bids selected by the Owner; the total shall constitute the Contract Price.
12.2 It is anticipated that a Contract will be awarded to the lowest bidder who is responsible, responsive, and qualified to perform the Work. Debarred Contractors recorded in "List of Debarred Contractors" shall be deemed not responsible and shall not be utilized on projects. Bids received from "Debarred Contractors" shall be rejected. A copy of "List of Debarred Contractors" is available for review at the Department of Administrative Services, Architecture, Engineering and Environmental Services Section, Milwaukee County, 633 West Wisconsin Avenue, Suite 1000, Milwaukee, WI 53203.
12.3 The Owner reserves the right to reject any or all bids, to waive informalities or irregularities in any bid, and to accept a bid which, in the Owner’s best judgment, is in the Owner’s best interest.
00200-4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 12.3.1 Owner reserves right to reject unit prices considered unreasonable.
12.4 The Owner reserves the right to accept or reject Alternatives up to and including the date the Owner-Contractor Agreement is presented to bidder for signature.
12.5 Bidders shall follow Milwaukee County Code of Ethics as follows: No person(s) with a personal financial interest in the approval or denial of a Contract being considered by a County department or with an agency funded and regulated by a County department, may make a campaign contribution to any County official who has approval authority over that Contract during its consideration. Contract consideration shall begin when a Contract is submitted directly to a County department or to an agency until the Contract has reached final disposition, including adoption, County Executive action, proceeding on veto (if necessary) or departmental approval.
12.6 Bidders shall include a minimum of 50% employment of the Contract labor force with employees that reside within Milwaukee County. The basis for residency shall be the percentage of gross payroll dollars expended on the project. By executing the Bidder’s Certificate, bidder understands that Milwaukee County will only award Contracts to bidders that agree to the residency requirement and will impose penalties and fines including but not limited to withholding payment, Contract termination and debarment from bidding for non-compliance.
13. ADDITIONAL BID INFORMATION
13.1 See General and Supplementary Conditions for listing of Subcontractors.
13.2 List Subcontractors on Subcontractor/Subconsultant/Supplier Information with Bid Entries in accordance with Requirements of the General Ordinance of Milwaukee County, Chapter 44, Paragraph 44.07 (c), which reads as follows: (c) List of Subcontractors. Each bidder shall submit with the bid a list of subcontractors (or material suppliers when required by the bid documents), with whom it proposed to contract and the class of work to be performed by each. To qualify for such listing, each subcontractor must first submit a bid in writing to the contractor at least 48 hours prior to time of bid closing. The list shall not be altered without written consent of the county. A bid shall not be invalid if any subcontractor and the class of work to be performed has been omitted. The omission shall be considered inadvertent or a representation that the bidder will perform the work. If inadvertent, the bidder shall supply the list of subcontractors or material suppliers within three (3) working days from date and time of bid opening. Bid may be rejected upon failure to comply.
14. QUALIFICATION OF BIDDERS
14.1 In accordance with Chapter 43 of the General Ordinances of Milwaukee County, a Contractor Qualification Statement must be on file no less than five (5) days before bid closing date in order to qualify to submit a bid on a project.
14.2 Qualification Statements are only requested for Prime Contractors. If you are going to be a supplier or subcontractor you need not be on the qualification list.
14.3 The Statement will be in effect for a three (3) year period commencing on the day of filing a completed statement.
14.4 Section 43.02 (4) states that “The Contents of the Statement shall be confidential and shall not be disclosed except by the written authorization of the Contractor furnishing
00200-5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 the same, or for use by Milwaukee County in qualifying the Contractor, or in cases of action against or by the Contractor or Milwaukee County”.
14.5 Prime Contractors that wish to continue to be on the Contractor Qualification list shall update their Qualification Statement online using the Milwaukee County “B2GNow” software at the Milwaukee County web site link below. This must be completed and approved before the Prime Contractor (3) year period expiration date if the Contractor intends to bid as prime contractor on Milwaukee County projects. Contractor shall provide all requested information and attachments electronically. Paper copies will not be accepted.
https://mke.diversitycompliance.com/FrontEnd/StartRegistry.asp?TN=mke&XID=8020 .
14.6 Sign Qualification Affidavit contained in Bid Documents. If completed Qualification Affidavit copy is not uploaded with bid, bid will be rejected.
15. PERFORMANCE BOND AND PAYMENT BOND
15.1 Selected Bidder shall furnish bonds using Milwaukee County document Public Improvement Performance/Labor and Material Payment Bond covering faithful performance of Contract and payment of obligations arising thereunder. Bonds may be secured through Bidder's usual source. Include cost of bonds in Bid.
15.2 Bonds shall be written in amount of Contract Sum. Deliver required bonds to Owner with Contract.
15.3 Bonds shall be issued by a Surety licensed to do business in Wisconsin. Bonds shall be dated on or after date of Contract.
15.4 Require Attorney-in-Fact who executes required bonds on behalf of Surety to affix thereto a certified and current copy of Power of Attorney which shall state monetary limit.
16. AFFIDAVIT OF NON-COLLUSION
16.1 Contractor shall complete the affidavit of Non-Collusion that is part of the Bid Documents confirming that the bidder has not engaged in any collusion related to the bidding of this project.
17. COVID-19 SAFETY PROTOCOL BID SUBMITTAL
17.1 Contractor shall provide written project bid submittal of COVID-19 Safety Protocol when notified that they are the apparent low bidder. Copy of COVID-19 Safety Protocol Plan shall be scanned and e-mailed to County Project Manager within three business days after notification that Contactor is apparent low bidder. See COVID-19 Submittal reference documents following Instructions to Bidders: 17.1.1 COVID-19 Response Plan Check List. 17.1.2 COVID-19 Virus Daily Screening Form.
20.2 Construction work on most Milwaukee County facilities is permitted by Milwaukee County at this time. This is contingent on Milwaukee County’s review and approval of the Contractor’s submitted COVID-19 Response Plan prior to commencement of activities on the construction site. Each company’s written plan, unique to the operations under its control, will document the identification and mitigation measures taken, which may include engineering controls, administrative controls, safe work practices, and minimum Personal Protective Equipment requirements, and the company will update that plan on a regular basis for the duration of the COVID-19 Situation. Each Company’s Response Plan must
00200-6 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 meet the minimum requirements of the following Milwaukee County COVID-19 RESPONSE PLAN CHECKLIST.
17.3 The submitted COVID-19 RESPONSE PLANS must be reviewed and approved in writing by Milwaukee County. Revise your COVID-19 Policy & Procedures to meet these minimum requirements and submit when notified by County Project Manager as noted above or Bid will be rejected.
END OF DOCUMENT
00200-7 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00200revBErev - OLT Greenfield.doc 5/20 P698-19613 DOCUMENT 00201
COVID-19 RESPONSE PREPAREDNESS PLAN CHECKLIST
By implementing a COVID-19 Response Preparedness Plan, an “essential” vendor, company or contractor pledges to dedicating resources immediately to identify and mitigate situations in the workplace or jobsite which may introduce, expose or spread COVID-19.
Each contractor’s written plan, unique to the operations under its control, will document the identification and mitigation measures taken, which may include engineering controls, administrative controls, safe work practices, and minimum Personal Protective Equipment (PPE) requirements, and will update that plan on a regular basis for the duration of the COVID-19 Situation.
Each Contractor’s Preparedness Plan must meet the following Minimum Requirements:
1) Provide the name and contact number of a designated Preparedness Plan Monitor for each County contract.
2) A plan to complete a Daily Employee Screening Form, or otherwise complete proper screening verifying daily that every employee has not: a) Traveled to a Level 2 or 3 Country in the past 14 days, or visited an area that requires self-quarantine because of COVID-19 infection, b) Had close contact (within 6 feet) with anyone known or suspected to have COVID- 19, c) Exhibited any symptoms (chest or back pain, cough, difficulty breathing) of COVID-19 or had a fever greater than 100.4 in the past 14 days.
3) A plan for Social Distancing. Complete a workflow audit that removes instances of employees being within 6 feet of each other. This should include the following, where applicable to the contract: a) Reduction of on-site work hours to minimum needed to sustain operations. b) Staggered shifts and work hours to minimize on-site human presence at a given time. c) Staggered use of all shared spaces, including bathrooms, breakrooms and lunchrooms. d) Staggered facility entry and exit procedures. e) Ban in-person meetings (internal or external) and employee gathering (formal or informal) of any size. Employee communication handled virtually wherever possible. f) Mandatory work at home for all employees except the absolute minimum required for baseline production and logistics functions. g) Prohibit visitors and limit deliveries to the facility or jobsite, except those that support production activities or emergency building maintenance.
00201-1 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Front End\00201 COVID- 19ResponsePlanChecklistwformMaskupdaterev06-20.docx 6/20 4) Educate employees on key CDC recommendations. Plan must include: a) How employees can protect themselves. (i) Frequent hand washing (at least 20 seconds with soap and water or use of sanitizer greater than 60% alcohol content), (ii) Avoid touching face, (iii)Coughing or sneezing into a tissue and discarding it immediately in garbage, (iv)Avoid shaking hands, (v) Do not use other employee’s phones, tools, PPE, etc. b) What employees should do if they feel sick. (i) Stay home (ii) Require notification to employee’s supervisor
5) A plan that provides appropriate PPE and Sanitation Products, as applicable to contract and as recommended by OSHA or CDC. For example, soap, sanitizer with over 60% alcohol, EPA approved disinfectant for COVID-19, gloves, gowns, eye protection, masks or respirators. a) Plan shall include face mask use requirement as indicated in the following Universal Face Mask Policy and Procedures Administrative Order.
6) A plan for Sanitation Procedures, if applicable to contract. These processes must be implemented throughout facility or jobsite: a) Blue tape marking of surfaces that receive frequent human contact in the jobsite;disinfection of these surfaces multiple times daily. b) Disinfect all tools, equipment, and vehicles frequently. c) Designate one bathroom, allowing only one person to enter at a time. Disinfect hard surfaces in the bathroom that are frequently touched throughout the day. Disinfect multiple time a day, but must be sanitized at the end of the day. Empty garbage in the designated bathroom at the end of the day. d) Avoid cleaning techniques that may result in generation of bio-aerosols, such as pressurized air or water sprays.
7) A plan for when an employee reports symptoms associated with COVID-19, including: a) Requiring employees to immediately report any symptoms of COVID-19, b) Quarantine employees exhibiting symptoms on site, c) Notifying proper County contact person.
00201-2 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Front End\00201 COVID- 19ResponsePlanChecklistwformMaskupdaterev06-20.docx 6/20 COVID – 19 Virus Daily Screening Form
Today’s Date: Employee Name: Employee Address: Project Name: Contractor: Employers should ask the following questions to all employees, visitors and vendors prior to allowing access to the workplace and/or jobsite. THE QUESTIONS SHOULD BE ASKED IN PRIVATE & ANSWERS KEPT CONFIDENTIAL. 1. Have you traveled to a county or area that has a travel warning of level 2 or 3 as listed by the CDC in the past 14 days? CDC Travel Warnings Yes No
If so, where have you traveled? What was your date of return?
2. Have you, or anyone in your family, come into close contact (within 6 feet) with someone who has a suspected or confirmed COVID – 19 diagnosis in the past 14 days either at home or on a jobsite, etc.? Yes No
3. Have you had a fever (greater than 100.4 F or 38.0 C) OR symptoms of lower respiratory illness such as cough, shortness of breath, or difficulty breathing in the past 14 days? Yes No
4. Are you currently experiencing a fever (greater than 100.4 F or 38.0 C) OR symptoms of lower respiratory illness such as cough, shortness of breath, or difficulty breathing? Yes No
*NOTE: If an employee, visitor or vendor answers ‘Yes’ to any of the above questions, ask them to leave the workplace or jobsite immediately and seek medical evaluation.
Sign In: Employee’s Signature: Date:
Sign Out: Has your health status changes during your work shift? Yes No
Employee’s Signature: Date:
00201-3 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Front End\00201 COVID- 19ResponsePlanChecklistwformMaskupdaterev06-20.docx 6/20 Milwaukee County COVID-19 Public Health Emergency Universal Face Mask Policy and Procedures Administrative Order 20-14v3 Version 1 Issued and Effective as of 12:01 a.m. on Thursday, June 4, 2020 Version 2 Issued Tuesday, July 28 and Effective as of 12:01 a.m. on Saturday, August 1, 2020 Version 3 Issued and Effective as of 12:01 a.m. on Monday, October 19, 2020 ______
The Centers for Disease Control and Prevention (CDC) recommends that face masks be worn to slow the spread of COVID-19, particularly in areas of significant community-spread transmission, such as Milwaukee County.1 This Universal Face Mask Policy and Procedures Administrative Order outlines expectations for Milwaukee County employees, contractors, vendors, volunteers, service users, visitors, the general public, and all others entering or working in Milwaukee County facilities, grounds, or other places where services are delivered.
Version 3 of Milwaukee County’s Universal Face Mask Policy and Procedures Administrative Order replaces 20-14v2, revising the County’s face mask guidelines to align with recently updated guidance from the CDC. Major changes in Version 3 are denoted in red. This Administrative Order goes into effect at 12:01 a.m. on Monday, October 19, 2020.
If you have questions about this, or any other Administrative Order or policy, please email: [email protected]
I. General
COVID-19 is transmitted mainly by people interacting in close proximity with each other. A universal face mask policy serves to protect all employees, contractors, vendors, service users and the general public by providing a “source control” for all individuals who may have pre- symptomatic and asymptomatic COVID-19 infection should those individuals come into close contact with others. It is important to remember that wearing a face mask does not eliminate the need to physically distance from each other. This face mask policy is an important component of Milwaukee County’s overall COVID-19 risk mitigation and response efforts.
II. Types of Face Masks
The following types of face masks are recommended by the CDC as effective in stopping the spread of COVID-19 and are acceptable for use in County facilities, grounds, or other places where services are delivered.
Allowed: 1. Cloth face masks with two or more layers of breathable, washable fabric; or 2. Disposable face masks, such as non-medical grade paper or procedure masks. 3. FDA-approved face masks for sign language (ASL or LEP) interpreters (described in this section below).
1 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html The following types of face coverings are not recommended by the CDC as effective in stopping the spread of COVID-19 and are not acceptable for use in County facilities, grounds, or other places where services are delivered.
Not Allowed: 1. Neck scarves or bandanas 2. Neck gaiters or buffs 3. Winter scarfs 4. Face shields 5. Masks with exhalation valves or vents 6. Masks with inappropriate writing or images
The type of face mask worn by workers and volunteers is determined by medical vs. non- medical settings and services provided. Any medical-grade surgical face masks or N95 respirators are reserved for healthcare workers, first responders, and others who work in high- risk environments. A medical-grade face mask is not required or recommended for a member of the general public, unless the department providing the service specifically requires it.
Milwaukee County recognizes that face masks present challenges to those who communicate through American Sign Language (ASL). Facial expressions are vital to conveying meaning in ASL, so when faces are obscured, the message can also be obscured. Accordingly, Milwaukee County will allow FDA-approved face masks for ASL or LEP interpreters.2
III. County Employees, Contractors, and Vendors (together “Workers”), and Volunteers
A. Face Mask Usage Requirements (see exemptions in Section IV) 1. Any worker or volunteer must wear a face mask at all times at County facilities, grounds, or other places where services are delivered (e.g., home visits), both indoor and outdoor. 2. At all times when a worker or volunteer is interacting with the public during their shift, the worker or volunteer must wear a face mask. 3. At all times a worker or volunteer is moving through a Milwaukee County facility, they must wear a face mask. 4. If a cloth face mask is worn by the worker or volunteer, they are expected to clean the mask after their shift, prior to wearing it again. 5. If a department’s operations or services require a separate face mask policy specific to recommended industry standards (e.g., healthcare, emergency response), the worker should follow industry face masks requirements. This policy is primarily designed for people who typically do not wear masks in their job functions, or times when a mask is not typically worn by a worker. 6. Workers and volunteers who require medical grade face masks or respiratory protection are required to wear cloth or disposable paper masks to comply with the universal face mask policy until reporting to their work area where medical-grade face masks or respiratory protection are distributed.
2 ClearMask: https://www.theclearmask.com
2 7. If a worker or volunteer forgets their cloth mask when reporting to work, they should use a paper face mask from the distribution at the point of entry.
B. Supply and Distribution of Face Masks for Workers and Volunteers
Milwaukee County will provide its employees who cannot telework full time with up to five (5) washable cloth masks. Departments needing cloth masks for in-person workers should order cloth masks for their employees by entering a requisition in Marketplace Central. Employees may supply their own face masks but will not receive reimbursement for these purchases. Associated department expenses will be reimbursed through CARES funding.
Contractors and vendors will not be provided face masks by the County, unless otherwise decided by the managing department. Volunteers should wear their own face mask or may be given a disposable face mask upon entry to County facilities or grounds.
IV. Service Users, Visitors, and General Public (together, “Members of the Public”)
A. Face Mask Usage Requirements
Members of the public entering Milwaukee County facilities or grounds, both indoor and outdoor, or receiving County services in a different setting (e.g., home visit) shall wear a face mask (see exemptions in Section IV) as indicated:
1. Indoor Milwaukee County Facilities or Indoor Service Areas
Any person 3 years old or older shall be required to wear a face mask upon entry into any indoor Milwaukee County facility or indoor service area (e.g., a service user’s home; see exemptions in Section IV). Face masks are now required on County MCTS buses and at General Mitchell International Airport.
2. Outdoor Milwaukee County Facilities and Grounds
Any person 3 years old or older at an outdoor County facility or on County grounds shall be required to wear a face mask whenever the person is, or is likely to be, within 6 feet of any other person who is not a member of the person’s household (see exemptions in Section IV).
B. Supply and Distribution of Face Masks to Members of the Public
The County will provide face masks to members of the public at all indoor County facilities and service areas. MCTS shall provide a limited number of disposable, single-use masks to riders who do not have their own mask. Face masks will be available at the customer service desks at the airport while federal supplies last. The County will be supplying masks at the Zoo to people who did not bring their own mask, but will typically not supply masks at outdoor Parks spaces (e.g., beer gardens, parks, marinas, beaches). A member of the public may use their own face mask.
3 Departments or elected offices that manage entry points to County facilities or grounds shall be responsible for the requisition of disposable face masks and the process for distribution. Departments operating within facilities should keep a small supply of disposable face masks on hand for instances in which a member of the public shows up without a mask. Non-medical grade disposable face masks can be requisitioned through Marketplace Central. The Re-Opening Steering Committee (ROSC) will support efforts to implement distribution processes, procedures, and trainings at the request of departments.
C. Local Service-Level Policies for Additional Risk Mitigation
Departments and elected offices may have additional local policies related to face masks or other risk mitigation measures (e.g., health questionnaire, temperature screening) that go beyond the policies of this administrative order if additional risk mitigation is needed due to the nature of the service or the population being served. Departments and elected offices should notify the ROSC ([email protected]) of any additional risk mitigation measures being applied locally and the reason for the additional risk mitigation.
V. Exemptions from Wearing a Face Mask
A. People Who are Exempted from Wearing a Mask3 1. Children ages two (2) years old and younger.4 Children ages 3 through 12 should only wear a face mask if a parent or guardian monitors to make sure it is worn safely. All children under 12 years old must remain within six (6) feet of parent/guardian, or household unit, and those who are small enough should be in a stroller or cart. 2. Anyone with a disability that makes it difficult to put on, wear, or remove a face mask. 3. Anyone consistently interacting with a person who is deaf or hard of hearing and primarily relies on lip reading. 4. Anyone who has been advised by a medical professional not to wear a face mask because of personal health issues.5 5. Anyone who has difficulty breathing6 or is incapacitated.
B. Times When a Person May Temporarily Remove Their Face Mask 1. Some services require that workers or members of the public not have a face mask on during certain times (e.g., witness in a court hearing, genetics test). Departments and elected offices may have local exemption policies for face mask removal for points in time; additional risk mitigation measures should be put in place per the minimum requirements in Administrative Order Phased Re-Opening Guidance for Milwaukee County Services and Facilities (20-13).7
3 Please note that the exemptions have been updated since Version 2 of this order to align better to CDC and the State of Wisconsin guidance. Departments managing facilities with mask dispensing stations should replace the existing exemption sign with the updated version on the Signs SharePoint site. 4 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-to-wear-cloth-face-coverings.html 5 Employees, contractors, and vendors must provide a note from their doctor to use this exemption. 6 Employees, contractors, and vendors must provide a note from their doctor to use this exemption. 7 See “Administrative Orders” Section: https://county.milwaukee.gov/EN/COVID-19
4 2. When consuming food or beverages when other risk mitigation measures are in place per the minimum requirements in Administrative Order Phased Re-Opening Guidance for Milwaukee County Services and Facilities (20-13).8 3. If a worker or volunteer is alone inside their enclosed office or work vehicle. This does not apply to cubicles unless the partition extends above 6 feet high, or the worker or volunteer is the only person in the entire cubicle workspace. 4. If a worker or volunteer is working alone outdoors, not in close proximity to other people (e.g., mowing grass, working at a single-person mechanical station in a garage).
C. Visual Marker for Exemptions 1. Employees: Any exemption from this Order will require a request for accommodation and certification from a health care provider. If an employee requests an exemption, they must notify their supervisor and designated HR Business Partner as part of the request. An HR Business Partner will provide an employee with a qualifying exemption in the form of a yellow badge holder that they may wear as a visual marker to identify the exemption when moving through County facilities. 2. Members of the Public: Members of the public who state that they have a qualifying exemption to wearing a face mask should be provided an exemption sticker to wear while in County facilities, excluding buses and the airport. Stickers shall only be distributed at County facilities and grounds with controlled entry points. Members of the public do not need to provide any documentation of a qualifying exemption. Departments managing controlled entry points should order exemption stickers in Marketplace Central by searching “Face Mask Exempt Sticker” or “COVID-19 SIGN 013”.
VI. Enforcement Policy & Procedure
A. Employees: Milwaukee County employees are expected to follow the face mask requirements. Employees who fail to follow any of the work rules outlined in this policy may be subject to disciplinary action, up to and including termination.
B. Members of the Public
Enforcement of the policies in this Order will be based on the County facility per the below:
1. Milwaukee County Courthouse Complex & Vel Phillips Juvenile Justice Center: i. Any member of the public who refuses to wear a face mask without a qualifying exemption shall be refused entrance. If the person refusing to wear a mask is at the Courthouse because of a mandated court hearing, subpoena, and/or a court case-related activity, facility security shall give that person a call list and tell them to call the appropriate number for instructions before leaving the facility. The court official will determine the next steps for the individual refusing to wear a mask.
8 See “Administrative Orders” Section: https://county.milwaukee.gov/EN/COVID-19
5 ii. If a member of the public states that they have a qualifying exemption they will be allowed into the facility. Individuals with a qualifying exemption should be given a visual marker for their time in the facility upon entry. iii. Some departments or elected offices may have different and/or additional risk mitigation strategies (see Section III.D) or exemptions (see Section IV.B.1) in place for safe, effective delivery of their services and members of the public may therefore be subject to different and/or additional face mask requirements inside of the facility. iv. Trained law enforcement staff will be responsible for enforcing this order, and members of the public who fail to comply with face mask policies will be asked by law enforcement to leave the facility.
2. Buses Operated by MCTS i. Bus operators shall enforce the policy at the same time and in the same manner as fare collection; riders will be asked to wear a mask upon entry to the bus and if they refuse, or remove their mask during the ride, they may be encouraged to put a mask on for their own protection and that of other passengers.
3. For all other County facilities, grounds, and service delivery locations: i. Although members of the public who fail to comply with County face mask policies at County locations outside of the Courthouse Complex and Vel Philips Juvenile Justice Center will not be subject to County criminal or civil penalties, they may still be subject to face covering requirements and penalties under municipal laws and orders, such as the City of Milwaukee’s Face Covering Requirements (File 200426). ii. Some departments or elected offices may have different and/or additional risk mitigation strategies (see Section III.D) or exemptions (see Section IV.B.1) in place for safe, effective delivery of their services and members of the public may therefore be subject to additional face mask requirements before being able to access services; members of the public who fail to comply with this Order or local policies may be refused service.
VII. Training and Communication
Milwaukee County will make public announcement of the Universal Face Mask Policy to prepare the general public prior to entrance into County facilities or grounds. Departments and elected offices are responsible for notifying their vendors, contractors, and volunteers of the rules, expectations, and procedures in this Order.
The County has developed various signs to support knowledge of and adherence to the universal face mask policy, as well as signage for face mask distribution stations. All County signs may be ordered on Marketplace Central or can be printed locally using the PDFs here.9 Appropriate face
9 https://milwaukeecountywi.sharepoint.com/sites/SignsforCOVID-19/SitePages/Signs.aspx
6 mask signage shall be hung by the managing department of the County facility or service access points, at a minimum.
Milwaukee County employees are required to complete the assigned Learning Management System training module, “Strategies to Slow the Spread of COVID-19 in Milwaukee County,” for additional information on how to wear a face mask and how to help support compliance with the policy among members of the public on County grounds or using County services.
Departments or elected offices with local exemption policies (see Section IV.B.1) are responsible for documenting, managing, and communicating any policies to their employees. This includes policies related to exempting people from wearing a mask in order to deliver a service and whether services will or will not be denied if a member of the public is refusing to wear a face mask.
7 QUICK REFERENCE GUIDE Universal Face Mask Policy and Procedures Administrative Order 20-14v3 Order Effective Date: 12:01 a.m. on Monday, October 19, 2020
Thisf is a reference guide for the requirement that everyone entering or working in Milwaukee County facilities, grounds, or other places where services are delivered must wear a face mask.
Types of Face Masks Approved for Employees and Members of Public Allowed: 1. Cloth face masks with two or more layers of breathable, washable fabric 2. Disposable face masks, such as non-medical grade paper or procedure masks. 3. FDA-approved face masks for sign language (ASL or LEP) interpreters
NOT allowed: 1. Neck scarves or bandanas 4. Face shields 2. Neck gaiters or buffs 5. Masks with exhalation valves or vents 3. Winter scarfs 6. Masks with inappropriate images or writing
Face Mask Usage Requirements for County Employees, Contractors, Vendors and Volunteers 1. Must wear a face mask at all times, indoors and outdoors, including when interacting with the public or moving through a County facility. 2. Cloth face masks should be cleaned each day prior to wearing it again. 3. Face mask requirements specific to healthcare or emergency response should be followed. 4. Cloth or disposable masks should be worn until reporting to their work area where medical-grade face masks are distributed. 5. If cloth mask is forgotten, workers should use a paper face mask provided at point of entry.
Supply and Distribution of Face Masks for Workers and Volunteers 1. Departments should provide five (5) washable cloth masks to employees, available through Marketplace Central. 2. Employees may supply their own face masks but will not be reimbursed.
Face Mask Usage Requirements for Service Users, Visitors, and General Public 1. Indoors at any County location - Any person 3 years old or older 2. Outdoors at any County location - Any person 3 years old or older whenever within 6 feet of any other person who is not a member of the person’s household. 3. County services in a different setting (e.g., home visit) – Any person 3 years old and older
Supply and Distribution of Face Masks to Members of the Public 1. Face masks provided to members of the public at all indoor County facilities and service areas. 2. MCTS shall provide a limited number of disposable masks to riders. 3. Face masks will be available at customer service desks at the airport while supplies last. 4. Masks provided to Zoo visitors. 5. No masks provided at outdoor Parks spaces (e.g., beer gardens, parks, marinas, beaches). 6. A member of the public may use their own face mask.
Exemptions from Wearing a Face Mask 1. Children ages two (2) years old and younger. 2. Anyone with a disability that makes it difficult to wear a face mask.
Note: This Guide does not replace or modify any element of Administrative Order 20-14v3. Page 1 QUICK REFERENCE GUIDE Universal Face Mask Policy and Procedures Administrative Order 20-14v3 Order Effective Date: 12:01 a.m. on Monday, October 19, 2020 f 3. Anyone who primarily relies on lip reading. 4. Anyone advised by a medical professional not to wear a face mask due to personal health issues. 5. Anyone who has difficulty breathing or is incapacitated.
Visual Marker for Exemptions - Employees 1. Employees must notify their supervisor and designated HR Business Partner. 2. Employees must provide a certification from their health care provider. 3. HR Business Partner will provide an employee with a yellow badge holder that they should wear as a visual marker of the exemption.
Visual Marker for Exemptions - Members of the Public 1. Will be provided an exemption sticker to wear, excluding buses and the airport. 2. Stickers shall only be distributed at County facilities and grounds with controlled entry points. 3. Members of the public do not need to provide any documentation of a qualifying exemption. 4. Departments should order exemption stickers in Marketplace Central.
Times When a Person May Temporarily Remove Their Face Mask 1. Some services require removal of a face mask (e.g., witness in a court hearing, genetics test). Departments may have local exemption with additional risk mitigation measures. 2. Eating/drinking with other risk mitigation measures in place. 3. If alone in enclosed office, work vehicle or cubicle with over 6-foot high partitions, or only person in the entire cubicle workspace. 4. Working alone outdoors, not in close proximity to other people.
Enforcement Policy & Procedure Employees - Failure to follow this Administrative Order may result disciplinary action, up to and including termination.
Members of the Public - Enforcement based on the County facility: 1. Milwaukee County Courthouse Complex & Vel Phillips Juvenile Justice Center a. Refusal to wear a face mask without exemption will result in entrance refused. b. With exemption they will be allowed into the facility and provided a visual marker. c. Trained law enforcement staff will be responsible for enforcing this order, and members of the public who fail to comply with face mask policies will be asked by law enforcement to leave the facility. 2. Buses Operated by MCTS a. Riders will be asked to wear a mask and if they refuse, or remove their mask during the ride, they may be encouraged to put a mask on. Training and Communication Signs supporting the order may be ordered on Marketplace Central or the PDF may be printed locally.1
If they haven’t already, Milwaukee County employees must complete the course “Strategies to Slow the Spread of COVID- 19 in Milwaukee County” available through the County’s Learning Management System.
1 https://milwaukeecountywi.sharepoint.com/sites/SignsforCOVID-19/SitePages/Signs.aspx
Note: This Guide does not replace or modify any element of Administrative Order 20-14v3. Page 2 Milwaukee County COVID-19 Public Health Emergency COVID-19 Health Screening Policies and Procedures Administrative Order 20-17v2 Version 1 Effective as of 12:01 a.m. on Monday, November 9, 2020 Version 2 Effective as of 12:01 a.m. on Wednesday, November 11, 2020
COVID-19 Health Screening Policies and Procedures
The health of Milwaukee County employees, contractors, and visitors is of vital concern and importance. Identifying cases of COVID-19 has been a challenge for individuals and institutions because of the difficulties in making testing easily and quickly available and because of the limits of testing to identify positive cases of COVID-19, particularly during the early stages of infection.1 Thus, Symptoms and Exposures are often important indicators of possible cases of COVID-19. This Administrative Order (AO) defines circumstances when individuals should be screened for COVID-19 Symptoms and Exposures and establishes procedures for conducting such screening. Version 2 of this AO is effective as of 12:01 a.m. on Wednesday, November 11, 2020, and replaces Version 1. Changes are not denoted in red.
Version 1 of this Administrative Order covers: • Definitions of terms used in this Order. • Employee and Contractor Daily Health Screening and Response Requirements for In- Person Workers. • Procedures for Completing the Screening Questionnaire, Temperature Check, and Verification Process.
Subsequent versions of this Order will address: • Screening requirements for visitors and service users. • Standards and procedures for departments to screen visitors. • Screening requirements for departments responsible for individuals in the care or custody of Milwaukee County.
If you have questions about this, or any other AO or policy, email: COVID- [email protected]
I. Definitions A. Close Contact:2 A person with Close Contact is someone who: i. Was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period starting from 2 days before illness onset (or, for an asymptomatic infected person, 2 days prior to test specimen collection) until the time the infected person is isolated. This is the definition regardless of whether face masks or personal protective equipment (PPE) were worn by any or all individuals; and/or ii. Provided care at home to an infected person; and/or
1 See https://www.acpjournals.org/doi/10.7326/M20-1495 2 For employees at work in a healthcare or medical setting, Close Contact does not qualify if the CDC-recommended PPE was used when job duties were performed. iii. Had direct physical contact with an infected person (touched, hugged, or kissed them); and/or iv. Shared eating or drinking utensils with an infected person; and/or v. Got respiratory droplets (for example, was sneezed or coughed on) on them from an infected person. B. Confirmed Case of COVID-19: A case of COVID-19 that has been confirmed through a positive test for COVID-19 or, in the absence of testing, has been confirmed by a medical professional as being a suspected case of COVID-19 based on symptoms. C. Critical Infrastructure Employee: The Centers for Disease Control (CDC) defines a Critical Infrastructure Worker as one needed to deliver critical services, including law enforcement, transportation and other workers. See the CDC guidelines3 for a complete list. D. Exposure to COVID-19 (Exposure): Any form of Close Contact (see A. above) with an individual with a Confirmed Case of COVID-19 during the last 14 days. E. Green Status: An individual who has no Symptoms (see J. below) and has had no Exposure (see D. above). F. Red Status: An individual who, at the time of screening, has at least one Symptom (see J. below) and/or has had Exposure (see D. above). G. Screening Questionnaire: A survey designed to assess whether an individual has Symptoms or has had Exposure. H. Screening Tool: An online tool that allows County employees and contractors to access the Screening Questionnaire to self-assess for Symptoms and for Exposure. The Screening Tool may be accessed using any device that can connect to the Internet, including smart phones, personal computers, and tablets. The Screening Tool may be accessed at: https://county.milwaukee.gov/EN/COVID-19/MKE-Health-Screen I. Social Distancing: Maintaining a distance of six feet or more between individuals.4 J. Symptoms Compatible with COVID-19 (Symptoms): The following symptoms may be symptoms of COVID-19 if they are new or uncommon for an individual: 0 0 i. Feverish or temperature of 100.4 F (38 C) higher ii. Chills iii. Nausea or vomiting iv. Diarrhea v. New shortness of breath or difficulty breathing vi. New congestion or runny nose vii. New loss of taste or smell viii. New sore throat ix. New cough x. Headache that is new or different xi. Unexpected fatigue xii. Unexpected muscle or body aches
3 https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html 4 For more details, see Administrative Order 20-4 In-Person Workers: Social Distancing and Symptomatic Employees and Contractors.
Page 2 of 8 II. Employee and Contractor Daily Health Screening and Response Requirements All employees and contractors must screen daily for Symptoms, including fever, and for Exposure on days they are working in-person, and the screening must be completed before or upon entrance to the work site. Only employees with Green Status may report for in-person work and departments must confirm each employee’s Green Status prior to the employee starting work.5 In general, employees should complete their Health Questionnaire at home prior to reporting for in- person work to minimize the chance of COVID-19 spreading in the workplace. Departments will determine whether employees will complete the separate temperature screening at home or when they report to work; the Facilities Re-Opening Working Group (FROWG) will support departments in their planning for temperature screening. The daily health screen should not be taken as medical advice; employees with questions about any symptoms they are experiencing should consult their medical provider.
A. Requirements for Employee and Contractor Daily Screening This section provides an overview of the requirements for employees, contractors, departments, and facility managers. Procedures for how to complete and verify these requirements are detailed in the sections that follow. i. It is the responsibility of every employee to complete the Screening Questionnaire using the Screening Tool on each day they are working in person. The Screening Questionnaire should be completed at home, prior to reporting to the job site.6 ii. It is the responsibility of every employee to complete a temperature screen prior to starting their shift. iii. No later than November 11, 2020, prior to starting in-person work, all employee Screening Questionnaires must be verified as Green Status. iv. No later than November 23, 2020, all employees and contractors must complete and have verified that they do not have a fever (temperature of 100.40F or 380C or higher) as part of their health screening. v. Employees who are teleworking are encouraged to monitor for Symptoms and Exposures, but are not required to complete the Health Questionnaire or temperature screening unless their Department requires them to do so. vi. Departments cannot set screening standards that are less restrictive than those outlined in this AO, but they may set standards that are more restrictive. For instance, they may require all employees to self-screen, rather only those who are reporting for in-person work, or they may set a lower standard for fever if advised by the CDC for their specific line of work. vii. Departments shall, at minimum, use the questions in the County’s Screening Questionnaire without altering the wording. Any changes to the Screening Questionnaire will be made centrally based on input from public health experts. viii. The time employees spend completing the Screening Questionnaire, as well as the temperature screen, is not compensable time.
5 Note that the one exception is for Critical Infrastructure workers who screened RED due to Exposure and have been told by a manager to follow adapted quarantine procedures and report to work as long as they have no Symptoms Compatible with COVID-19 (See Administrative Order 20-7, Section V). 6 See Section III.A.ii for procedures when an employee may not have access to the Screening Tool.
Page 3 of 8 B. Responding to and Reporting Results of Health Questionnaire and Temperature Screenings This section outlines the requirements for managers, employees, and contractors for interpreting, and in the case of Red Status, responding to, the results of the health screening for employees who are reporting for in-person work. i. Red Status Requirements: If employees or contractors screen as Red Status, that is, they ARE experiencing any one or more of the Symptoms and / or have had Exposure, they should: a) Stay home or return home and not report for in-person work (Note: in the case of Exposure, this procedure may vary for Critical Infrastructure workers; see Section II.B.i.d below). b) Notify their manager immediately of their Red Status, using the department- approved notification system. Note that employees are required to report whether they are reporting Red Status for Symptoms and/or for Exposure, but they do not need to disclose the specific symptom(s). Managers may ask follow-up questions about the nature of an Exposure to determine if it happened in the work setting to inform whether additional contact tracing among the workforce is necessary. c) Work remotely, if possible. d) Follow the instructions in AO 20-7: Procedures for Responding to Confirmed COVID-19 Cases, Symptomatic Individuals, and Exposed Individuals and Their Close Contacts. Individuals: ➢ With Symptoms should follow the instructions in Section III of AO 20- 7. ➢ With Exposure should follow the instructions in Section IV of AO 20- 7. If the employee is a Critical Infrastructure worker, the individual’s supervisor should also consider adapted procedures in Section V of AO 20-7. Employees do not make their own decisions about an adapted quarantine and should follow Section IV.A until notified otherwise by their supervisor. ➢ With Symptoms AND Exposure: Employee is encouraged to get tested for COVID-19 and should follow the instructions for Exposure in Section IV of AO 20-7. If they test positive during their quarantine, they should follow instructions in Section II. If they do not get tested or test negative, they should still complete the full 14-day quarantine, regardless of whether they are a Critical Infrastructure worker. ii. Green Status Requirements: If employees or contractors are Green Status for Symptoms and Exposure, they should report to work as scheduled.
III. Procedures for Completing the Screening Questionnaire, Temperature Check, and Verification Process Departments, divisions, or offices must verify each day that all employees scheduled to work in person have been screened for COVID-19 Symptoms and Exposures prior to employees starting in-person work duties. Departments may accomplish this screening, including verifying employee temperatures, in a variety of ways depending on the work location, available technology, and environmental or operational risk factors. In general, Departments should make every effort to set
Page 4 of 8 employees up to use the Screening Tool to help with data collection efforts across the workforce and to support any centralized changes to the Health Questionnaire based on new CDC guidance or operational needs.
This section outlines options for departments to accomplish and verify the Green Statuses for in- person workers. Because the completion of the Screening Questionnaire and the temperature screening use different tools and will likely entail different processes, this section is separated into procedures for completing and verifying the Screening Questionnaire and procedures for completing and verifying the temperature screening.
A. Procedures for Completing and Verifying the Screening Questionnaire This section provides procedures for completing the Screening Questionnaire based on whether the Screening Tool can be used by employees or whether technology barriers require a different system.
i. Completing the Screening Questionnaire Using the Screening Tool a) Employees may use work or personal devices connected to the Internet, including cell phones, tablets, or personal computers, to complete the Screening Questionnaire.7 b) The Screening Tool will display either Green Status or Red Status based on the individual’s reported Symptoms and Exposure. ➢ The Screening Tool will inform employees with Green Status to report to work as scheduled. ➢ Employees with Red Status will be informed to stay home and contact their supervisor. The Screening Tool will also direct employees to AO 20-7 for specific instructions. c) The Screening Tool will create a daily employee status badge and time stamp based on the results of the employee self-assessment. ➢ If both Symptoms and Exposure are Green, then the badge will be Green. ➢ If either Symptoms or Exposure is Red, then the status badge will be Red. ➢ If the employee has Exposure only (no symptoms), is a critical infrastructure worker, and has already been instructed to report to work under an adapted quarantine (Section V of AO 20-7), then the employee will be given instruction to report to work. ➢ The time stamp must be within the 12-hour period before the individual is presenting their status badge for verification to be valid for the employee’s shift. For example, an employee starting work on a Tuesday at 9 a.m. must have completed their Health Questionnaire and temperature screening after 9 p.m. on Monday. Employees are encouraged to take the Health Questionnaire and their temperature as close to the start of their shift as possible.
7 Note: Departments may choose to provide County cell phones to employees who do not have personal devices; in these cases, Departments should plan to cover the monthly cost of the device and may need to provide employee training in the use of such devices.
Page 5 of 8 d) No later than November 9, 2020, departments should have the necessary local procedures in place to verify the Green Status of each employee scheduled to work in person prior to starting their shift. These may include: ➢ Employees showing their Green badge and time stamp to a department recorder located at the entrance to a facility or department suite, or ➢ Employees showing their Green badge and time stamp to a manager upon arrival, or ➢ Employees certifying their status on a log sheet that is verified by a manager, or ➢ Departments implementing supervisor reporting from the Screening Tool for immediate notification of Red Status for employees and for daily screening reports at the start of every shift (see (i) below). e) Departments with employees who report directly to a job site must ensure that reporting from the Screening Tool is implemented for immediate notification of Red Status for employees and for daily screening reports at the start of every shift (see (i) below). f) Departments are responsible for communicating notification policies for employees who screen as Red Status, including: ➢ Who to notify ➢ How to notify (phone, email, text) ➢ Time to notify (for example, no later than two hours before start of shift) ➢ What to communicate (e.g., “I screened Red for Symptoms” or “I screened Red for Exposure”) g) Departments leaders and managers of Critical Infrastructure employees must determine how they will apply a quarantine for employees who have had Exposure but have no Symptoms at the time of the screening (See Section V of AO 20-7 for adapted quarantine procedures). Asymptomatic Critical Infrastructure employees screening Red for Exposure should not report to work unless they receive instructions from a supervisor. h) IMSD and the Re-Opening Steering Committee (ROSC) will work with departments during the month of November to set up any reporting or notification needed. The Screening Tool will be able to send an automatic notification to designated recipients and can generate reports listing employees who have completed the Screening Questionnaire that day and their Red or Green Status for Symptoms and Exposure. Departments interested in these options should begin identifying their employee groups and points of contact immediately for efficient building of additional functionality and for implementation support should email: COVID- [email protected]. i) Supervisors of employees reporting Red Status will follow Manager Instructions in AO 20-7 for Individuals with Symptoms Compatible with COVID-19 (Section III) or for Individuals with Close Contact (Section IV), depending on the status of the employee.
Page 6 of 8 ii. Procedures for Employee Screening Questionnaire When the Screening Tool Cannot be Accessed Departments should try to overcome any technology barriers employees face in using the Screening Tool, as the Questionnaire is likely to be updated when CDC guidance changes. In addition, the Screening Tool allows the County to track symptoms and exposures at the Department and Division level to inform risk mitigation strategies.
If significant technology barriers prevent an employee or employee group from using the Screening Tool by the 11/11/2020 deadline, department leaders may administer either verbal or hard-copy versions (see Administrative Order section of website for most-recent version of a printable version) of the Health Questionnaire while they work to overcome technology barriers. Departments should plan to be using the Screening Tool by 11/23/2020 in all but exceptional cases.
If technology barriers are insurmountable for a given employee or employee group, the department should email the ROSC at [email protected] with a comprehensive plan by 11/16/2020. This plan should include information about the nature of the barrier(s) and the proposed solution(s) for employees in their workforce who cannot use the Screening Tool. Possible alternatives could include setting up a Health Questionnaire kiosk at a designated location, managers verbally administering the Health Questionnaire to an employee, or similar. In general, the County does not support the distribution and collection of hard copy versions of the questionnaire or passive completion of the questionnaire by employees (e.g., having a sign with the questions that employees say they read and passed that day).
B. Temperature Screening Requirements and Procedures No later than November 23, 2020, all employees must confirm that they do not have a 0 0 fever (temperature of 100.4 F or 38.0 C or higher) prior to working in person by taking or having their temperature taken. Departments have several options to verify employee temperatures, depending on the employee work location.
i. Departments may: a) Request a touchless temperature screening kiosk be installed at or near entrances used by staff (email [email protected]). b) Requisition and distribute individual digital thermometers for employees to self-screen at home (such as Medline Industries model MDS99902 available from Marketplace Central). Employees should take their temperature prior to completing the Health Questionnaire, and a “No” answer to the symptom question on having a fever will serve as the verification for the temperature screen for supervisors of these employees. c) Create a screening location where a member of the Department or Division management team screens employees’ temperatures at entry using a handheld infrared scanning thermometer (such as the IR forehead thermometer model JT-E0202 available from Marketplace Central). See Section III.B.iii below for specific screening procedures.
Page 7 of 8 d) Create a screening location where employees self-screen their temperatures upon entering the work site using a handheld infrared scanning thermometer. See Section III.B.iii below for specific screening procedures. ii. Departments creating temperature screening locations, whether staffed by the department or self-service for employees, should follow these procedures: a) Employees and Contractors must be screened immediately upon arrival and, if possible, before entering the actual workspace. b) Temperature screening must be performed in a location that supports social distancing standards and protects employee privacy. c) Temperature screening should be performed by a supervisor or a third party to protect employee privacy, or employees may self-screen. d) Temperature screening should be performed using a touchless forehead / temporal artery thermometer (such as the IR forehead thermometer model JT-E0202 available from Marketplace Central). If other types of thermometers must be used, follow the manufacturer’s directions for disinfecting between uses; e) The individual conducting the temperature screen for another person should wear a face mask, gloves, and protective eyewear. The person being screened should wear a face mask. f) If employees are performing temperature self-screens using a handheld thermometer: ➢ Employees must be trained in the use of the thermometer and on proper hygiene before, during, and after the self-screen. ➢ A manager should be available nearby for questions and/or cases where employees have a temperature of 100.40F or higher. ➢ The department must ensure that hand sanitizer is available at the screening station, and employees should sanitize before and after using the thermometer. Departments should also provide supplies to allow employees to disinfect the thermometer between each use. ➢ The department shall develop procedures by which employees report their temperature status as Red or Green using a log or otherwise reporting their status to the manager on duty or to the designated department recorder. If pens are provided, then some method for disinfecting the pens must also be provided. g) Regardless of who conducts temperature screening, departments should not record specific employee temperatures. iii. If an employee records Red Status (temperature of 100.40F degrees or higher) then the employee should: a) Notify the manager on duty or follow department notification procedures, and b) Return or stay home, and c) Follow the instruction in Section III of AO 20-7. iv. If an employee records temperature below 100.40F and has Green Status for the Health Questionnaire, they should report to work. v. Managers of employees reporting Red Status based on the temperature screen will follow Manager Instructions in Section III of AO 20-7.
Page 8 of 8 Frequently Asked Questions
Administrative Order 20-17: COVID-19 Health Screening Policies and Procedures
We recognize that this new order is complex, and you may have lots of questions. Here are some of the things you may want to know. Questions are grouped into:
• Questions about the Screening Policy itself • Questions about the online Screening Tool • Questions about Screening Procedures
If after reviewing these questions and answers, you still have questions, please contact your supervisor. Afterwards, if you still have questions, please email: [email protected]
Questions about the Screening Policy
Q: Why is the County requiring all employees to be screened before in-person work? A: As we’ve learned over the last months, COVID-19 can be difficult and slow to diagnose. Checking daily for possible symptoms and exposure – along with wearing a mask, washing hands, and watching distance – are keys to reducing the spread of COVID-19. These screening procedures are meant to help Milwaukee County employees keep themselves, one another, and the people we serve safe.
Q: Are other employers screening employees? A: Yes. This best practice of having employees screen for COVID-19 symptoms and exposure before they begin in- person work is a recommendation from the Centers for Disease Control1 (CDC) as well as from the Medical College of Wisconsin2 and has been adopted by employers across the region and nationally.
Q: What are employees expected to do? A: Every employee is expected to complete a Screening Questionnaire and a temperature screen before beginning in-person work. In general, this will be a two-step process. Most commonly, employees will complete the Screening Questionnaire using the County’s Screening Tool at home before coming to work and will have their temperature screened upon arriving at their workplace. Given the wide variety of work locations and types of work done by County employees, the specific steps you’ll need to take will be communicated to you by your manager.
1https://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html 2https://coronavirus-mmac.org/wp-content/uploads/2020/05/Smart-Restart-Health-and-Safety-Checklist_05192020_v11-1.pd 1 Version 1.0 issued 11/5/2020
Q: Will employees be compensated for time spent screening? A: No. The Fair Labor Standards Act does not require compensation for time spent on “activities which are preliminary or postliminary to “an employee’s principal activities,” as completing the Screening Questionnaire will be. This applies whether the screening takes place at home or at a County facility before an employee is permitted to work. The larger goal here is to ensure that employees are taking steps to protect their own health and the health of their co-workers. Once employees are used to the process and operational hurdles are smoothed out, we expect that the full screening process will take only a few minutes each day.
Q: This screening does nothing to catch anyone who is asymptomatic. So how is this going to protect us from asymptomatic carriers? A: The CDC currently estimates that from 60 to 65 percent of individuals with COVID-19 have symptoms. While this order cannot fully stop the spread of COVID-19 among our employees, it can reduce the spread by ensuring that those with symptoms or exposure stay home and don’t infect their co-workers. Additionally, identifying employees who have been exposed to COVID-19, and those employees taking precautions, will help keep people who may be asymptomatic carriers away from others.
Q: Why shouldn’t all employees be screened every day? A: As an employer, our first priority is ensuring that employees do not infect one another while at work, which is of primary concern on days when employees are interacting with each other during in-person work. Each department may assess the risks to its employees and may implement additional requirements for screening. Your manager will notify you if your department has additional screening standards, and teleworking employees are encouraged, if not required, to take the Health Questionnaire every day to monitor their own health.
Q: Why aren’t visitors to County facilities being screened? A: While the first phase of this Administrative Order focuses on screening for employees, we are working on requirements for screening visitors to County facilities and expect the Order to address visitors later this month.
Q: What questions am I expected to answer before I can start work? A: The Screening Questionnaire asks about whether you have any current symptoms that are commonly associated with COVID-19 and whether you have had any exposure to individuals with COVID-19 in the past 14 days. The actual questionnaire can be found on County Connect and the County website along with Administrative Order 20-17 on screening.
Q: How will I access the Screening Questionnaire? A: We expect virtually all employees to complete the survey using the County’s online Survey Tool, described in the section below. Most will access it using a smart phone, either County-issued or a personal device. In some instances, employees may complete the survey at a kiosk at an entrance to a County facility or through an oral screen conducted by your department. Your manager will explain the plans your department is making to ensure you have ready access to the Screening Questionnaire.
Q: I sometimes have a headache (or cough, or another symptom from the list.) Should I stay home? A: Keep in mind as you review the list of symptoms before going to work, the emphasis is on symptoms you don't expect. If you routinely have headaches or a cough, those aren’t new or unexpected symptoms and you should go to work if you have no other new symptoms. But if any of these symptoms are new, or if you feel sick, then you should stay at home. While managers should ask specific questions about symptoms, they may ask follow-up questions like, “Is your symptom new or unexpected for you?” to be sure employees understand expectations. 2 Version 1.0 issued 11/5/2020 Q: I don’t understand what Close Contact means. Can you please explain? A: Close Contact can come in many forms, and some are easier to identify than others. Some Close Contact involves direct physical contact, such as caring for someone in your household who has COVID-19; hugging or touching a person with COVID-19; sharing utensils with an infected person, or having someone with COVID-19 cough or otherwise spray respiratory droplets on you.
What is harder to identify is Close Contact with someone who is asymptomatic at the time you had contact and who is later diagnosed with COVID-19, such as a work colleague. In these cases, Close Contact has two components: how physically close you were to an individual infected with COVID-19 and how long you spend in the infected individual’s company. With regard to distance, Close Contact means being within six (6) feet of someone with COVID-19, regardless of whether one or both of you is wearing a mask. Measuring time spent is trickier. As we learn more about how COVID-19 spreads, we’ve learned that virus particles may linger in the air for longer than initially thought. The CDC recently updated its definition of Close Contact to include spending 15 minutes or more cumulatively over a 24-hour period in the company of someone infected with COVID-19, from 2 days before illness onset (or, for an asymptomatic infected person, 2 days prior to test specimen collection) until the time the infected person was isolated..
An example may help. Say you spend 10 minutes on Monday morning sitting across a 4-foot desk from a colleague reviewing a report, and then you spend another 10 minutes at this desk on Monday afternoon discussing a client concern. If that colleague becomes ill on Tuesday, gets tested on Wednesday, and finds out Friday that they are COVID+, you will have had Close Contact with your colleague because you spent more than 15 minutes (a total of 20 minutes) with the infected person over a 24-hour period (Monday) within 48 hours of illness onset (Tuesday). If your colleague never developed symptoms but was tested on Wednesday and found out Friday that they are positive, then you would still be in close contact because you spent 20 minutes total within a 24-hour window in the two days before they were tested (Wednesday).
Q: I work in a healthcare setting and may be around patients infected with COVID-19. Does this mean that I have had Close Contact if I spend a total of 15 minutes or more cumulatively through my workday around these patients? A: For employees at work in a healthcare or medical setting, Close Contact does not qualify if employees are using the CDC-recommended PPE when job duties were performed.
For correctional staff working in COVID+ dorms, as long as proper PPE is worn the entire time, standard patrolling of the dorm would also not qualify for Close Contact. However, any direct physical contact (for example, managing an altercation in the room that results in respiratory droplets or body fluids getting on the officer) would count as Close Contact, especially if PPE usage is disrupted.
Q: What happens if I answer YES to a question on the Screening Questionnaire? A: If you answer YES to any Symptom question, your status is RED for Symptoms. If you answer YES to any Exposure question, your status is RED for Exposure.
Q: What do I do if I screen Red for Symptoms or Red for Exposure? A: STAY HOME! You need to follow the guidance in Administrative Order 20-7. If you have Symptoms Compatible with COVID-19, follow Section III. If you have Exposure to COVID-19, follow Section IV. If you are a critical infrastructure worker who has been exposed but does not have symptoms, your manager may give you different quarantine instructions, but you should stay home until you receive those instructions.
3 Version 1.0 issued 11/5/2020 Q: Will employees with Red Status be required to have a COVID-19 test before returning to work? A: No. They are required to follow the instructions in Administrative Order 20-7, Section III for Symptoms of COVID-19 and Section IV for Exposure to COVID-19. Testing for COVID-19 is still not a perfect science and receiving a negative test result does not necessarily mean that the individual is not infected, especially if they have become infected recently. Further, infected individuals may continue to test positive for COVID-19 after their other symptoms have ended and after they are no longer spreading the virus to others.
Q: The Administrative Order says it applies to “employees and contractors.” Who is included as a contractor for the purpose of screening? A: In the short term, contractors are those individuals working alongside County employees as part of the overall County workforce. Longer term, the Screening order will address visitors to County facilities, including contractors entering County facilities. Departments with networks of contractors who are delivering services on behalf of the County should work with these contractors to ensure these contractors are performing daily screening of their employees, volunteers, and other workers for symptoms and exposure in line with this Administrative Order.
Q: What leave is available if I have to quarantine because of exposure? A: Employees should use their Expanded Paid Sick Leave (EPSL) bank of time should they be required to quarantine because of exposure. See the Federal Families First Coronavirus Response Act Administrative Order 20- 10 for details.
Q: I’m about to run out of leave. What can I do? A: We understand that as a result of the public health crisis, employees may have exhausted their EPSL balances and are running low or even running out of paid time off. These situations will be handled on a case by case basis and involve discussion with the employee’s manager, HR Business Partner, and Central Payroll. If you are running low on your paid time off balances, please reach out to your manager to initiate this discussion.
Q: If employees are working a double shift, are they required to re-screen before starting their second 8- hour shift?
A: The premise of the Questionnaire is that employees complete it prior to starting in-person work. The order doesn't mandate re-taking the Questionnaire during a shift (even if it's 16 hours long) but a department could certainly require that employees do so. Departments have the option to create additional requirements to protect the health of their employees. Employees working a double shift should self-monitor for symptoms and if they start to feel sick, they should go home.
Questions about Online Screening Tool
Q: Will employees have to download a County app in order to complete the Screening Questionnaire? A: No. The Screening Questionnaire is located on the County’s website and can be accessed from any device that connects to the Internet. It does not require an app to access. Anyone can access the screening tool, and you do not need to be connected to the County Internet.
Q: Can employees use a personal phone or device to complete Screening Questionnaire? A: Yes. Employees and contractors may access the Screening Questionnaire from any personal device that connects to the Internet, including smart phones, tablets, and personal computers.
4 Version 1.0 issued 11/5/2020
Q: What if employees don’t have a smart phone or another way to access the Screening Questionnaire? A: We are strongly encouraging all departments to work with employees to find ways for them to access the Screening Questionnaire online. We expect the CDC to continue to update screening standards as more is learned about transmitting COVID-19. By using an online tool, the County can update the Screening Questionnaire as needed, and employees can be sure of using the latest version. An online tool also allows to County to track trends among its workforce.
Q: Why is the County collecting healthcare information about me? Isn’t that a violation of HIPAA? A: The Health Insurance Portability and Accountability Act (HIPAA) applies only to health information provided to doctors, medical professionals and healthcare organizations. Employers are allowed to request health information relevant to an employee’s fitness for work. Note that Milwaukee County will not be storing any specific responses to questions about symptoms or exposure, only whether an employee screened Red or Green for symptoms or for exposure.
Q: If managers receive reports with the status of individual employees, will this information be subject to open records requests? If so, isn’t this a violation of employee privacy? A: The County Screening Tool will not collect information about any symptoms you report; it will only record your Green or Red status for Symptoms and Exposure. Even high-level information such employee health status is protected by privacy laws and will not be subject to public disclosure through Open Records requests.
Q: What if I can’t bring my phone onto my work site? How do I show my Green Status? A: Your manager will give you instructions on how your status will be checked. For example, they may check your Badge Status on your phone when you enter the workplace and have you place your phone in a locker. Or, they may have you take the Screening Questionnaire at home before work so that you follow department procedures for keeping technology out of the workplace, and they will use manager reporting developed by IMSD to verify your status.
Q: What if I make a mistake filling out the Screening Questionnaire and get the wrong status badge? A: No problem, simply take the Questionnaire again by starting over at the website (https://county.milwaukee.gov/EN/COVID-19/MKE-Health-Screen). If managers are tracking people’s statuses online, they will have multiple entries for you and should look at the most-recent time stamp for the correct status.
Questions about Screening Procedures
Q: When do these new screening requirements take effect? A: The effective date of the order is Wednesday, November 11, and we expect employees to begin completing the Screening Questionnaire by then, even if in the short-term the screening must be done manually. Temperature screening is expected to be in place no later than November 23.
Q: By what time each day are employees required to complete the Screening Questionnaire? A: Employees must complete the Screening Questionnaire within the 12-hour period before the start of their shift and are encouraged to complete the questionnaire at home as close to the start of their shift as possible. Managers will provide explicit instructions to employees, especially those working second, third, and weekend shifts, about what’s expected.
5 Version 1.0 issued 11/5/2020 Q: How will screening work for employees who report directly to job sites, or who work second, third, or weekend shifts? A: Department managers will inform employees how to proceed. Some departments are installing kiosks for employees to complete the Screening Questionnaire and/or the temperature screening. Others will be relying on manager notifications from the Screening Tool, and/or performing some screening activities manually.
Q: If my department or office would like to use a log sheet to verify employee’s health screening statuses, is there a standard form we should use? A: Yes. Please use this log sheet template to collect information from employees and contractors certifying their Green Status. We will only collect basic information on the log sheet and if someone screens red, they do not need to report it on the sheet. Instead, individuals screening red should stay or go home and notify their supervisor immediately.
Q: How and when will managers and supervisors be able to receive reports on employee status from the Screening Tool? A: IMSD, the County’s technology team, is working on reporting for managers and supervisors. We will share information as it becomes available. For now, managers and supervisors who want reporting should email requests to: [email protected]. Note that until reporting from the Screening Tool is available, managers will need to use other ways to verify employee status, such as having employees show their Status badge at entry or sign a log acknowledging survey completion.
6 Version 1.0 issued 11/5/2020 LOG FOR MILWAUKEE COUNTY DAILY HEALTH SCREENING
Department Name: ______Location: ______
I Certify that I have Completed the I Certify That I have Completed my Health Questionnaire for Today Temperature Screening for Today and and Am Cleared for In-Person Do Not have a Temperature of 100.4°F Date of Shift Start Name Work (38°C) or higher MM/DD/YY First Last X X P698-19613
DOCUMENT 00400 BID ENTRY ATTACHMENT FORMS AND INFORMATION For GREENFIELD PARK OAK LEAF TRAIL Site #766 124th Street to West Allis Trail Connection West Allis, Wisconsin
Project Number: P698-19613 WisDOT Project ID: 2967-01-74
Bids Due: September 8, 2021 at 2:00 P.M.
Contract 1: Trail Construction
Complete, enter and upload the following documents with required Bid entries in BID EXPRESS at https://www.bidexpress.com/businesses/24937/home:
1. Bid Security (Bid Bond or Check)
2. Power of Attorney
3. Bidder’s Certificate
4. Affidavit of Non-Collusion
5. Contractor Qualification Affidavit
6. Subcontractor/Subconsultant/Supplier Information
7. COMMITMENT TO CONTRACT WITH DBE: DBE-14 FORMS SHALL BE COMPLETED AND SIGNED BY PRIME CONTRACTOR. Submit and upload Completed and signed Commitment to Contract with DBE (DBE-14) forms, one for each of the DBE firms included to meet participation as indicated in Invitation to Bid. DBE-01 DBE Certificate of Good Faith Efforts shall be completed and uploaded for bidders who have not achieved the DBE participation goal. Submission of a complete form is a matter of responsiveness to this Bid. Completion of all pages is required.
ADDENDUM RECEIPT Acknowledge the receipt of Addendum.
COMMENCEMENT AND COMPLETION OF CONTRACT WORK
The undersigned agrees, if signatory to the Contract, to commence work upon receipt of Notice to Proceed and achieve Substantial Completion of the Work by November 19, 2021 for Pedestrian Trail and June 3, 2022 for Final Turf Restoration.
(NOTE! See Document 00800 - Supplementary Conditions - S.C. 12.07, for Liquidated Damages associated with the contract work.)
BIDDER SHALL ENTER THE FOLLOWING PRICES IN BID EXPRESS:
00400-1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00400revBErev - OLT Greenfield.doc 5/20 P698-19613 ENTER BID AMOUNT IN BID EXPRESS
Line Item Unit of Approx. Item Unit Total Base Bid or Number Item Description Measure Quantities Cost Amount Alternate
Grading - excavating, filling, and preparing subgrade with off-site 1 disposal of excess material. LUMP SUM 1 Base
2 Undercutting unsuitable subgrade material. CY 110 Base
3 Strip and stockpile existing topsoil. LUMP SUM 1 Base
4 Remove and salvage existing sign. LUMP SUM 1 Base
5 Ditch Checks - provide, maintain,and remove (per each location) EACH 2 Base
6 Provide Curlex Net Free Erosion Control Blanket SY 650 Base
Remove existing culvert pipe and provide 12" HDPE corrugated 7 culvert pipe LF 20 Base
8 Provide HDPE flared end section EACH 2 Base
9 Provide 1-1/4 " crushed aggregate base course. TON 480 Base
10 Provide 3" granular base course as backfill for undercut areas. TON 220 Base
11 Provide asphaltic concrete upper layer per specfications. TON 205 Base
Provide traffic signs as shown including all signs, and necessary 12 mounting hardware. EACH 2 Base
13 Provide 4" x 4" wood sign posts. EACH 4 Base
14 Bike Trail closure signage. LUMP SUM 1 Base
15 Provide seed turf restoration SY 650 Base
00400-1.2 BIDDER'S CERTIFICATE - Section 66.0901(7), Wisconsin Statues
certifies that they have examined and carefully prepared this bid from Bid Documents and have checked same in detail before submitting bid to Milwaukee County.
In submitting this bid, the bidder also acknowledges, understands and agrees that the submission of a bid shall commit the bidder to comply with Milwaukee County’s requirements as outlined in the Contractor Residency Program provisions
(Signature of Authorized Representative)
(Title)
Subscribed and sworn to before me this day of , 20 .
My commission expires , 20 .
(Notary Public)
00400-2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00400revBErev - OLT Greenfield.doc 1/20 AFFIDAVIT OF NON-COLLUSION
State of ______
County of______
______being duly sworn, deposes and (Name) states that they are the ______of (Official Capacity)
______(Name of Firm) and that this Bidding Contractor understands this project requires this completed affidavit of non- collusion as part of the proposal requirements. Failure to complete this sworn statement will make the bid non-responsive and not eligible for award considerations. Contractors Non-Collusion Statement filed with Milwaukee County on
______for said firm confirms that this Bidding Contractor has not participated in any collusion activities related to this Contract Bid.
______(Signature and Title)
Subscribed and sworn to before me this ______day of ______, 20______.
My commission expires ______, 20______.
______(Notary Public)
00400-3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00400revBErev - OLT Greenfield.doc 1/20 AFFIDAVIT
State of
County of
being duly sworn, deposes and (Name) states that they are the of (Official Capacity)
(Name of Firm) and that Contractors Qualification Statement filed with County
Clerk on for said firm remains true and correct. I understand that the willful falsification of information may result in a civil or criminal penalty pursuant to Chapter 101 Statutes.
(Signature and Title)
Subscribed and sworn to before me this day of , 20 .
My commission expires , 20 .
(Notary Public)
If a qualification statement has been filed more than 3 years before the opening of this bid, submit a new qualification statement not less than five days before the opening of this bid.
00400-4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00400revBErev - OLT Greenfield.doc 1/20 COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY COMMITMENT TO CONTRACT WITH DBE
PROJECT No. P698-19613 PROJECT TITLE Greenfield Park Oak Leaf Trail
TOTAL CONTRACT AMOUNT (less allowances) $ ______DBE Goal: 15%
Scope of Work DBE Contract % of Total Name & Address of DBE(*) Detailed Description Amount Contract
Bidder/Proposer Commitment (To be completed by firm committing work to DBE) I certify that the DBE firm quoted the identified service(s) and cost(s). I further acknowledge our firm having negotiated with, and having received confirmation, on partnering, pricing and delivery from DBE firm listed herein. Prime Contractor/Consultant Phone No.______, or one of our subs, will enter into contract with the DBE firm listed, for the service(s) and amount(s) specified when awarded this contract. The information on this form is true and accurate to the best of my knowledge. I further understand that falsification, fraudulent statement, or misrepresentation will result in appropriate sanctions under applicable law.
Signature of Authorized Representative Name & Title of Authorized Representative Date
DBE Affirmation (To be completed by DBE Owner/Authorized Representative)
I affirm that the Wisconsin UCP has certified our company as a DBE, and that our company is currently listed in the Wisconsin UCP Directory.
I acknowledge and accept this commitment to contract with my firm for the service(s) and dollar amount(s) specified herein, as put forth by (Prime or sub) .
I understand and accept that this commitment is for service(s) to be rendered in completion of the project specified herein to be completed with my own forces.
I affirm that approval from CBDP will be obtained prior to subletting any portion of this work awarded to my firm on this project.
______
Signature of Authorized DBE Representative Name & Title of Authorized DBE Representative Phone Number Date
FOR CBDP USE ONLY
Commitment number of Participation: ___ __ Project Total ______
______Signature Date Authorized Signature Date
DBE-14 (05/01/18) Previous Editions Obsolete COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY
COMMITMENT TO CONTRACT WITH DBE
ADDITIONAL INFORMATION & REQUIREMENTS:
1. The Directory of Certified DBE firms eligible for credit toward the satisfaction of this project’s DBE goal will be found at the following link, and can be searched by Name and/or NAICS code.
http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/certified-firms.aspx
2. CONTRACT ADJUSTMENTS: The successful Bidder/Proposer will maintain the approved DBE participation level during the term of the contract with the County, including any additional work on the contract, e.g., change orders, addendums, scope changes, or fee increases.
3. WRITTEN CONTRACTS WITH DBEs: The County requires that the successful Bidder/Proposer enter into contract, directly or through subs, as stated in this form. Agreements must be submitted to the County within 7 days of receipt of the Notice-To-Proceed. By executing this commitment, you are certifying that you have had contact with the named DBE firm and that they will be hired if you are awarded the contract by the County.
4. SUBSTITUTIONS, DBE SUBCONTRACTING WORK, TRUCKING FIRMS: The successful Bidder/Proposer must submit written notification of desire for substitution to the DBE affected, and send a copy to the County, stating the reason(s) for the request. The DBE will have five (5) business days to provide written objection/acceptance of the substitution. The “right to correct” must be afforded any DBE objecting to substitution/termination for less than good cause as determined by the County. Approval must be obtained from the County prior to making any substitutions. DBEs are also required to notify and obtain approval from the County prior to seeking to subcontract out work on this project. In the case of DBE trucking firms, credit will be given for trucks leased from other DBE firms; however, if the DBE leases trucks from non-DBE firms, the commission or fee will be counted for DBE crediting.
5. REQUESTS FOR PAYMENT: The successful Bidder/Proposer must indicate on the Continuation Sheet (AIA form G703, or equivalent) the work being performed by DBE by either a) placing the word “DBE” behind the work item or b) breaking out the work done by DBEs at the end of the report. The successful Bidder/Proposer shall notify DBE firms of the date on which they must submit their invoices for payment.
6. DBE UTILIZATION REPORTS: The successful Bidder/Proposer will enter payments to subs and suppliers directly into the County’s online reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred.
If you have any questions related to Milwaukee County’s DBE Program, please contact:
414.278.4851 or [email protected]
DBE-14 (05/01/18) Previous Editions Obsolete P698-19613 DOCUMENT 00800 SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement Standard General Conditions of Construction Contract (EJCDC Document No. 1910-8, 1996 ed.) and other provisions of Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and effect.
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
Add following:
B. MISCELLANEOUS DEFINITIONS
1. Prime Contractor: Contractor having a contract directly with Owner. 2. Furnish: Supply and deliver to Project site, ready for installation. 3. Install: Place in position, ready for service or use. 4. Provide: Furnish and install, complete and ready for intended use.
C. Terms used herein which are defined in Standard General Conditions of the Construction Contract have meanings assigned to them as in General Conditions. Additional terms used herein have meanings indicated below, which are applicable to both singular and plural thereof.
19. ENGINEER
Add following:
Wherever term ENGINEER OR ARCHITECT is used it shall mean DESIGNATED REPRESENTATIVE OF ARCHITECTURE, ENGINEERING AND ENVIRONMENTAL SERVICES SECTION OF DEPARTMENT OF ADMINISTRATIVE SERVICES OF MILWAUKEE COUNTY.
28. Notice of Award: Delete in its entirety and substitute following:
28. Notice of Apparent Low Bidder — A written notice sent by Owner to Contractor who appears to be low bidder so informing and requesting additional information.
30. OWNER
Add following:
OWNER is Milwaukee County
37. Resident Project Representative
Delete "ENGINEER" and insert "OWNER".
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Delivery of Bonds
Add the following: In accord with Milwaukee County Code, Chapter 44, Public Works Contracts,
00800 - 1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 Contractor shall deliver executed Agreements and Bonds within 10 days from receipt of Contract or as approved by the Director of Administrative Services.
2.02 Copies of Documents
Delete "up to ten" in first sentence. Delete second sentence.
2.03 Commencement of Contract Times; Notice to Proceed
Delete Article 2.03 in its entirety and insert following:
A. Contract Times will commence on day indicated in Notice to Proceed.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
Add following to Article 3.01 Paragraph B.:
Contract Documents will be construed in accordance with the laws of the State of Wisconsin.
ARTICLE 5 – BONDS AND INSURANCE
5.04 Contractor's Liability Insurance
Limits of liability for insurance required by Article 5.04 shall provide coverage for not less than following amounts and greater where required by Laws and Regulations or Milwaukee County's Risk Manager:
5.04.A.1 and 5.04.A.2 Workers' Compensation
(1) State: Statutory (2) Applicable Federal (e.g. Longshoremen's): Statutory (3) Employer's Liability: Per accident $ 100,000 Disease, Policy Limit $ 500,000 Disease, Each Employee $ 100,000 (4) Special maritime endorsement which covers Work on navigable waters for employees who are masters, mates, and crew members aboard vessels. A waiver of subrogation for Workers Compensation in favor of Milwaukee County will be provided by endorsement by the Contractor's insurer.
5.04.A.3, 5.04.A.4, 5.04.A.5 Contractor's Liability Insurance: Limits of Liability under paragraph 5.04.A.3 through 5.04.A.5 which include completed operations and product liability coverage and eliminate exclusion with respect to property under care, custody and control of CONTRACTOR:
(1) General Aggregate (Except Products-Completed Operations) $ 1,000,000
(2) Products-Completed Operations Aggregate $ 1,000,000
(3) Personal and Advertising Injury: (per Person/Organization) $ 1,000,000
(4) Each Occurrence:
00800 - 2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 (Bodily Injury and Property Damage) $ 1,000,000
(5) Property Damage Liability insurance will provide Explosion, Collapse, and Underground coverage where applicable.
(6) Excess Liability: General Aggregate $ 3,000,000 Each Occurrence $ 3,000,000
5.04.A.6 Automobile Liability
(1) Bodily Injury: Each Person $ 1,000,000 Each Accident $ 1,000,000
(2) Property Damage: Each Accident $ 1,000,000
5.04.A.7 Environmental Impairment Insurance
Environmental Impairment Insurance coverage by Contractor will be required under this Contract.
Environmental Impairment: $ 1,000,000 (MINIMUM)
5.04.B.7 Contractual Liability
Contractual Liability shall provide coverage for not less than following amounts:
(1) General Aggregate $ 1,000,000
(2) Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000
Add the following Paragraph: 5.04.B.8. List following persons or entities on Certificate of Insurance as Additional Insureds in the General liability and Automobile liability policy by endorsement:
Milwaukee County, Wisconsin State of Wisconsin Department of Transportation (WisDOT)
5.06 Property Insurance
Add to Paragraph A.:
Owner will furnish Property Insurance during construction written with a deductible of $5,000 per occurrence. Property Insurance for construction shall be provided at the completed project value. The $5,000 deductible as well as any other costs not covered by the builders risk policy are the responsibility of the Contractor.
Add Paragraph A (section 2) as follows:
Owners Builder’s Risk “all-risk” contains coverage exclusions including but not limited to sidewalks, bridges, roadways and other paved surfaces more than 100 feet from an
00800 - 3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 insured building, underground cables and storm water and sewer systems more than 1,000 feet from the building.
Delete “earthquake” in Paragraph A (section 2) contained in description of perils or causes.
Delete Paragraph B and E in their entirety.
ARTICLE 6 – CONTRACTOR'S RESPONSIBILITIES
6.06 Concerning Subcontractors, Suppliers, and Others
Supplement Paragraph B as follows:
1. Submit list of Subcontractors and Material Suppliers before or at preconstruction meeting.
2. If agreement on Subcontractors cannot be reached, Milwaukee County reserves right to delete that particular portion of work from Contract and let separate Prime Contract for it.
6.08 Permits
Add following:
1. Owner will pay State of Wisconsin plan examination fee when applicable. Contractor shall secure and pay cost of permits.
2. Certificates of Inspection and a copy of Permits shall be delivered to Engineer promptly upon receipt.
6.09 Laws and Regulation
Add Paragraph D as follows:
D. Work is funded in part by Federal grant funding administered by WisDOT and as such is subject to certain statutory or regulatory requirements applicable to condition or performance of Work. These requirements or information relative to them is bound in Section 00850 of Contract Documents. The more stringent of Part 1 of the current edition of the State of Wisconsin Standard Specifications for Highway and Structure Construction and the referenced Standard General Conditions of the Construction Contract (No. 1910-8, 1996ed.) shall apply.
6.10 Taxes
Add the following to Article 6.10: Contractor shall be exempted from state sales tax under the following conditions: “The sales price [of a normally taxable item] sold to a construction contractor who, in fulfillment of a real property construction activity, transfers the [item] to [a government entity, including Milwaukee County], if such [item] becomes a component of a facility in the State of Wisconsin that is owned by Milwaukee County. In this subsection, ‘facility’ means any building, shelter, parking lot, parking garage, athletic field, athletic park, storm sewer, water supply system, or sewerage and waste water treatment facility, but does not include a highway, street or road. Contractor shall apply for the sales tax exemption and provide Owner with State sales tax exemption documentation.
6.20 Indemnification
00800 - 4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 Replace entire Article with the following:
Contractor agrees to the fullest extent permitted by law to indemnify, defend and hold harmless, the County, and its agents, officers and employees, from and against all loss and expense including costs and attorneys’ fees by reason of liability for damages including suits at law or in equity, caused by any wrongful, intentional, or negligent act or omission of its employees or agents which may arise out of or are connected with the activities covered by this AGREEMENT. Contractor shall further indemnify the County from, and defend against any liability or expenses (including reasonable attorneys’ fees) arising out of or relating to an act or omission by it or its employees arising out of or relating to (1) Federal, state, or other laws or regulations for the protection of persons who are members of a protected class or category of persons, (2) employment discrimination or harassment under any legal theory, (3) any personal injury (including death) received or sustained by any employee of a party, its subcontractors, agents, or invitees for any reason, and (4) any personal injury (including death) sustained by a third party or property damage by reason of any act or omission, negligent or otherwise, to the extent caused by a party or its employees.
ARTICLE 9 – ENGINEER'S STATUS DURING CONSTRUCTION
9.06 Rejecting Defective Work
Delete Article 9.06 in its entirety and insert following:
A. Where Engineer or Engineer Consultant identifies Work that Engineer believes is defective, or that Engineer believes will not produce a completed Project that conforms to Contract Documents or that will prejudice integrity of design concept of completed Project as a functioning whole as indicated by Contract Documents, Engineer will notify Owner and Contractor of findings, and will recommend to Owner measures to be taken relative to defective Work. Engineer will have authority to require special inspection or testing of Work as provided in Article 13.04, whether or not Work is fabricated, installed or completed.
9.08 Determinations for Unit Price Work
Delete Paragraph 9.08 in its entirety and insert following:
A. Engineer will have authority to determine actual quantities and classifications of items of Unit Price Work performed by Contractor, and written decisions of Engineer on such matters will be final, binding on Owner and Contractor and not subject to appeal (except as modified by Engineer to reflect factual conditions).
ARTICLE 11 – COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
Add to Paragraph A as follows:
Locality is the State of Wisconsin.
11.01.A.1. Payroll Costs
Delete in its entirety and insert following:
1. This project is federally funded and requires that each contractor, subcontractor or agent performing work on this project shall staff and pay its workforce the minimum
00800 - 5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 wage according to Federal Wage Decision Rates and provisions enclosed within this Project Manual. a. To ensure that intent of this requirement is enforced, employees of contractors, subcontractors and agents shall be considered third-party beneficiaries of this contract for the sole purpose of enforcing their rights. Contractor shall issue its employees and shall require subcontractors and agents working for Contractor to issue to each employee a notice advising each employee of the right to bring an action against said contractor to recover Federal Wage Decision Rate if employee was not paid such wage as determined by pay of trade or occupation determination of Federal Wage Decision Rate.
b. If wage rate complaint is filed, every contractor shall, upon written notice from the Director of Administrative Services or such other officer as may be designated by County Board, file a true and correct copy of payroll records, including those of subcontractor, with Director of Administrative Services or such designated person. Copies so furnished shall be public records.
c. Each contractor and subcontractor shall submit with each application for payment, completed LCPtracker Labor Compliance software documentation, furnishing payroll information regarding each employee engaged on project for which payment application is made.
d. Affidavit of Compliance confirming payment of total required wages and benefits paid to each employee at conclusion of Project shall be submitted with final application for payment.
e. Each contractor shall post a copy of prevailing wage rate determination in a conspicuous and easily accessible place at Project site. Owner will furnish prevailing wage rate determination to Contractors prior to starting construction. Contractor shall maintain wage rate determination at Project site.
11.02 Cash Allowances
Delete Article 11.02 in its entirety.
11.03 Unit Price Work
Delete in its entirety and substitute following:
A. Unit price of item of Unit Price Work shall be subject to re-evaluation and adjustment under following conditions:
1. if total cost of a particular item of Unit Price Work amounts to 5 percent or more of Contract Price and variation in quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25 percent from estimated quantity of such item indicated in Agreement; and
2. if there is no corresponding adjustment with respect to other item of Work; and
3. if Contractor believes that Contractor has incurred additional expense as a result thereof; or
4. if Owner believes that quantity variation entitles Owner to an adjustment in unit price; then
00800 - 6 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 5. either Owner or Contractor may make a claim for an adjustment in Contract Price in accordance with Article 10 if parties are unable to agree as to effect of such variations in quantity of Unit Price Work performed.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
Add Subparagraphs 12.01 C.2.g and h as follows:
g. In order to facilitate checking of quotations for extras or credits, proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized as prescribed in Article 12.01. Where major cost items are Subcontracts, they shall be itemized also. In no case will a charge over two thousand dollars ($2,000) be approved without such itemization.
h. Exhibit A: Change Orders, Extra Work and Claims, that is contained at the end of this document (00800) is added to and included as a part this Supplementary Conditions. Contractor shall submit Request for Change on the Proposed Change Order Form as included at the end of Exhibit A. Proposed Change Order Form shall include Cost Breakdown for both Prime and Subcontractor Work.
Delete Article 12.06 B and add the following:
12.06 Delay Damages
B. If CONTRACTOR is delayed in the commencement or progress of the Work by an act or neglect of OWNER or ENGINEER, an employee of either, a separate contractor employed by OWNER, by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond CONTRACTOR'S control, or by delay authorized by OWNER, or by other causes which ENGINEER determines may justify delay, then CONTRACTOR's sole and exclusive remedy is an extension of Contract Times (or Milestones) in an amount equal to the time lost due to such delay as determined by ENGINEER.
Select A, and or B and C.
Add Article 12.07 as follows:
12.07 Liquidated Damages
A. Liquidated Damages: Contractor and Contractor's surety, if any, shall be liable for and pay Owner Two Hundred Fifty dollars ($250) per calendar day or hourly portion thereof, not as penalty, but as liquidated damages, for each calendar day of delay after the date established for Substantial Completion in the Contract Documents, or extension granted by Owner, until the Work is determined to be substantially complete by Engineer. This amount is agreed upon because of impracticality and difficulty of ascertaining actual damages to Owner with respect to inconvenience to public, added cost of engineering and supervision and other items such as rent, interest, services, and user benefits. Contractor shall complete required punch list correction items within 30 calendar days after the established substantial completion date. If Contractor neglects, fails, or refuses to complete punch list correction items within the 30 calendar days, Contractor agrees to pay Owner an additional Two Hundred Fifty Dollars ($250) per calendar day, not as penalty but as liquidated damages, for each day of default. Owner shall deduct from monies due or that may become due Contractor for liquidated damages.
B. Each day shall be defined as a 24-hour period beginning at 12:01 A.M.
00800 - 7 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.06 Correction or Removal of Defective Work
Delete "ENGINEER" where it appears and replace with "OWNER".
13.09 Owner May Correct Defective Work
Delete "ENGINEER" where it appears and replace with "OWNER".
Add following paragraph:
13.10 OWNER's Right To Do Work
A. If Contractor defaults or neglects to carry out Work in accordance with Contract Documents and fails within 7 days after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence and promptness, Owner may have its own forces or another contractor correct deficiencies without prejudice to other remedies. In such event, Owner shall issue a unilateral Change Order, reducing payments then or thereafter due Contractor, by cost of correcting such deficiencies, including compensation for additional services and expenses required of Owner and Engineer made necessary by such default, neglect or failure. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay difference to Owner.
ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION
Add the following to Article 14:
All applicable provisions of federal, state, and local laws, rules, regulations and ordinances shall apply to this agreement, including, but not limited to Wis. Stats. SS 779.14 (1m) which requires, among other things, that Milwaukee County shall reserve the authority in the case of contracts not exceeding $100,000.00 (as further described in that section) to make direct payments to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractor. In any such case where such payments are made by Milwaukee County, the prime contractor agrees that its sole remedy for any deficiency or disputed amounts paid to a subcontractor by the County shall be against the subcontractor and not Milwaukee County. The prime contractor specifically agrees to hold Milwaukee County harmless for any such deficient, disputed, or erroneous payments.
14.02 Progress Payments
A. Applications for Payments
Delete paragraph 3 and substitute following:
3. Until Work is 50 percent complete, Owner shall pay 95 percent of amount due Contractor on account of progress payments, less amount of notice of liens under laws of State of Wisconsin. At time Work is 50 percent complete and thereafter, and if head of department having jurisdiction over contract determines Contractor's performance and progress are satisfactory and with consent of Contractor's Surety, Owner will authorize remaining partial payments be paid in full. At 50 percent completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon
00800 - 8 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 substantial completion of the work, an amount retained may be paid to the contractor. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.
Add the following to paragraph 14.02, A:
4. Advance payment request for materials: a. Requests for payment involving materials stored off-site shall meet criteria established in advance by Owner and Engineer. b. Requests for payment involving materials stored off-site will be considered conditional upon submission by Contractor of bills of sale or satisfactory evidence of payment and proof of suitable storage and protection at a local mutually agreed upon location. A Certificate of Insurance covering the material stored off-site shall be submitted with Request for Payment. c. Partial or complete payment for material stored off-site shall not relieve Contractor from total responsibility for care and protection of stored materials, nor does payment waive Owner's right to require fulfillment of terms of Contract. d. Material stored off-site shall be protected as required by storage conditions. Material shall be labeled "Property of Milwaukee County" and accessible for Owner's inspection. Inventory of such stored material, insurance certificates, and bill of sale or satisfactory evidence of payment, listing value of product, shall accompany request for payment. List bill of sale value separately on Application for Payment Form. e. Contractor shall submit the completed Advance Purchase Transmittal Letter, Affidavit, and Waiver of Lien, that is contained at the end of this document (00800) and is added to and included as a part of this Supplementary Conditions. 5. Delay or postponement of payment beyond above referenced period may occur only for good cause with written approval of Owner. When Contractor delays or postpones payment due to dispute, Contractor shall notify Owner and Subcontractor in writing within 7 calendar days of being paid by Owner that Contractor is withholding payment. Notification shall indicate reasons and grounds for withholding payment. Amount not in dispute shall be paid to Subcontractor within 7 calendar days of Contractor receiving payment by Owner. If Owner determines that Contractor does not have good cause for delaying or withholding payment, Contractor shall pay Subcontractor within 5 calendar days of Owner's written decision. 6. If Owner reduces Contract retainage amount, Contractor shall reduce total amount retained from Subcontractors to no more than amount retained by Owner within 7 calendar days of receipt by Contractor of a retainage payment. 7. Contractors who contract or engage Subcontractors to perform part of the Work and who withhold retainage shall return said retainage in a timely fashion upon Subcontractor's satisfactory completion of their work.
B. Review of Applications
Add Paragraphs 2.d, 2.e and 2.f as follows:
d. If Contractor is not paid within 30 days after receipt and acceptance of a properly completed Application for Payment or receipt and acceptance of property or service, whichever is later, Owner will pay interest on balance due to Contractor from monies appropriated for administration of contract.
00800 - 9 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 (1) Interest will be paid on balance due from 31st day of receipt and acceptance of a properly completed Application for Payment or receipt and acceptance of property or service, whichever is later, at rate specified in Paragraph 14.02, B, 2.f compounded monthly.
(2) Improperly completed Application for Payment will be returned to Contractor prior to expiration of 10 working days.
e. Contractors that contract or engage Subcontractors to perform part of Work shall pay Subcontractors for satisfactorily completed work, including retainage, in a timely fashion. Payment is timely if it is mailed or delivered to Subcontractor no later than 7 days after Contractor's receipt of payment by Owner.
(1) If Subcontractor is not paid in a timely fashion, Contractor shall pay interest on balance due from 8th day after Contractor's receipt of payment from Owner at rate specified in Paragraph 14.02, B, 2.f compounded monthly.
(2) Subcontractors receiving payments under this Contract shall pay lower- tier Subcontractors in a timely fashion and be liable for interest on late payment in same amount as Contractor is required to pay its Subcontractors.
f. Payments due and unpaid under Contract Documents shall bear interest from date payment is due at rate specified in Wisconsin Statutes 71.82 (1)(a) compounded monthly.
C. Payment Becomes Due
Delete "ten" and substitute "thirty".
D. Reduction in Payment
Add following after paragraph d:
e. Liability for liquidated damages has been incurred by Contractor.
14.04 Substantial Completion
Add following:
C. Owner may withhold from payment a sum equal to three times established cost to complete or correct items on tentative list to be retained until Final Completion, but in no event shall the total retainage be more than 10% of the value of the work completed.
14.05 Partial Utilization
Add new paragraph:
3. Owner may request Contractor in writing to permit Owner to take over operation of such part of Work although it is not substantially complete. Copy of such request will be sent to Engineer and within a reasonable time thereafter Owner, Contractor and Engineer shall make inspection of that part of Work to determine its status of completion and will prepare a tentative list of items to be completed or corrected before final payment. If Contractor does not object in writing to Owner and Engineer that such part of Work is not ready for separate operation by Owner, Engineer will finalize tentative list and will deliver such list to Owner and Contractor together with a written recommendation as to division of
00800 - 10 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of Work which will become binding upon Owner and Contractor at time when Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Engineer). During such operation and prior to Substantial Completion of such part of Work, Owner will allow Contractor reasonable access to complete or correct items on tentative list and to complete other related Work.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.03 OWNER May Terminate for Convenience
Add the following:
5. Upon receipt of Written Notice from Owner of termination for convenience, Contractor shall:
a. Cease operations as directed by Owner in Notice;
b. Take actions necessary, or that Owner may direct, for protection and preservation of Work; and
c. Except for Work directed to be performed prior to effective date of termination stated in Notice, terminate existing Subcontracts and purchase orders and enter into no further agreements relative to Work.
Add the following to both Article 15.03 and 15.04: Contractor shall be limited to recover from the Owner payment for Work executed and for proven loss as of date of the letter from Milwaukee County terminating the Contract with respect to materials, equipment, tools, construction equipment and machinery, including the overhead and profit allowance amount contained in Exhibit A: (Change Orders, Extra Work and Claims), that is contained at the end of this document (00800).
ARTICLE 16 - DISPUTE RESOLUTION
Delete Article 16 in its entirety and insert following:
16.01 Methods and Procedures
A. Owner reserves right to have claims, disputes and other matters in question between Owner and Contractor arising out of or relating to Contract Documents or breach thereof (except for claims which have been waived by making or acceptance of final payment as provided by paragraph 14.09), decided by litigation.
B. Owner may waive its right to litigation, and in such event Owner and Contractor may select and agree to an alternate dispute resolution process to be utilized in resolving claim, dispute or other matter in question.
ARTICLE 17 – MISCELLANEOUS
17.05 Controlling Law
Delete in its entirety and substitute following:
A. Contract Documents will be construed in accordance with the law of the State of Wisconsin.
Add following:
00800 - 11 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 17.06 Audit
A. County Rights of Access and Audit. The Contractor, Lessee, or other party to the contract, its officers, directors, agents, partners and employees shall allow the County Audit Services Division and department contract administrators (collectively referred to as Designated Personnel) and any other party the Designated Personnel may name, with or without notice, to audit, examine and make copies of any and all records of the Contractor, Lessee, or other party to the contract, related to the terms and performance of the Contract for a period of up to three years following the date of last payment, the end date of this contract, or activity under this contract, whichever is later. Any subcontractors or other parties performing work on this Contract will be bound by the same terms and responsibilities as the Contractor. All subcontracts or other agreements for work performed on this Contract will include written notice that the subcontractors or other parties understand and will comply with the terms and responsibilities. The Contractor, Lessee, or other party to the contract, and any subcontractors understand and will abide by the requirements of Section 34.09 (Audit) and Section 34.095 (Investigations Concerning Fraud, Waste, and Abuse) of the Milwaukee County Code of General Ordinances.
17.07 Affirmative Action Policy
A. Milwaukee County, by County Board Resolution and by Executive Order, has established an Affirmative Action Program, providing for equality in employment opportunities regardless of race, religion, color, national origin, age, sex, or functional limitation. Consistent with the foregoing program and Milwaukee County's Opportunity Employment Policy, contractors, subcontractors, vendors, and suppliers are requested to support Milwaukee County in this effort by providing equality in employment opportunities to women and minorities and shall not discriminate on the basis of race, religion, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, ancestry or disability.
1. Equal Employment Opportunity: During the performance of this Contract, the Contractor agrees to meet the requirements stated in Equal Opportunity Contract Requirements.
2. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of the Contract or such other remedy, as the recipient deems appropriate.
17.08 Independent Contractor
A. Nothing contained in this Contract shall constitute or be construed to create a partnership or joint venture between Owner or its successors or assigns and Contractor or its successors or assigns. In entering into this Agreement, and in acting in compliance herewith, Contractor is at all times acting and performing as an independent contractor, duly authorized to perform the acts required of it hereunder.
17.09 Prohibited Practices
A. Contractor during the period of this contract shall not hire, retain or utilize for compensation any member, officer, or employee of County or any person who, to the knowledge of Contractor, has a conflict of interest with County.
B. Contractor hereby attests that it is familiar with Milwaukee County's Code of Ethics which states, in part, "No person may offer to give to any County officer or employee or his immediate family, and no County officer or employee or his immediate family, may solicit or receive anything of value pursuant to an understanding that such officer's or employee's vote, official actions or judgment would be influenced thereby."
END OF DOCUMENT
00800 - 12 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00800E96rev12-18 - OLT Greenfield.doc 12/18 EXHIBIT A: Change Orders, Extra Work and Claims
1. The contract language contained in this Exhibit A will supplement and take precedence over all other change order pricing contract provisions in the contract documents provided by either the Owner, Contractor (Prime Contractor) and/or Architect/Engineer. It is understood that these contract provisions will govern the pricing and administration of all change order proposals to be submitted by the Contractor, Trade Contractors or Subcontractors (Subcontractor), and all other lower tier Contractors (Sub-Subcontractors) working on the Project. In the event of a conflict between the language in this Exhibit A and the other contract documents used for the project, the change order pricing and contract provisions in this Exhibit A shall govern.
2. The Contractor agrees that it will incorporate the provisions of this Exhibit A into all agreements with lower tier Contractors, Subcontractors, etc. It is understood that these change order pricing provisions apply to all types of contracts and/or subcontracts, specifically including lump sum or fixed price contracts, unit price contracts, and/or cost plus contracts with or without a guaranteed maximum. It is further understood that these change order provisions will apply to all methods of change order pricing specifically including lump sum change order proposals, unit price change order proposals, and cost plus change order proposals.
3. The term change order shall include Extra Work and Claims unless specifically excluded or further described.
4. Whenever change order proposals to adjust the contract price become necessary, the Owner will have the right to select the method of pricing to be used by the contractor in accordance with the pricing provisions found in this Exhibit A. The options will be (1) lump sum change order proposal, (2) unit price change order proposal, or (3) cost plus change order proposal as defined in the following provisions: a. Lump Sum Change Order Proposals - The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the additional work and/or the work to be deleted. This proposal will be itemized for the various components of work and segregated by labor, material, and equipment in a detailed format satisfactory to Owner. The Owner will require itemized change orders on all change order proposals from the Contractor, subcontractors, and sub-subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take-offs, material prices by item and related labor hour pricing information and extensions (by line item by drawing as applicable). b. Labor: Estimated labor costs to be included for self-performed work shall be based on the actual cost per hour paid by the contractor for those workers or crews of workers who the contractor reasonably anticipates will perform the change order work. Estimated labor hours shall include hours only for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the agreed upon Markup Percentages as outlined in paragraph 5 of this Exhibit A.
00800-ExhibitA1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00801Exhibit A C.O. Extra Work ^L0 Claims - OLT Greenfield.doc03/10 c. Labor Burden - Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employers for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self-insured losses, assigned risk rebates, etc. Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. Compliance with this provision is subject to audit. d. Material: Estimated material change order costs shall reflect the contractors reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to trade discounts, free material credits, and/or volume rebates. Cash discounts available on material purchased for change order work shall be credited to Owner if the Contractor is provided Owner funds in time for Contractor to take advantage of any such cash discounts. Price quotations from material suppliers must be itemized by each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail. e. Equipment: Allowable change order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the change order work. Rental equipment and special machinery, such as backhoe, crane, bulldozer, elevator hoists, trenching machine, coring machine, concrete breakers, trucks used for hauling earth for an excavation or backfill, and other such equipment shall have prior approval. If Contractor owns equipment, payment will be at rental rate as approved. Rental or owned equipment used will be paid on basis of lower of daily, weekly, or monthly rate depending on usage. If equipment is not used for a period of time or no longer required, payment for equipment shall terminate and extended costs shall be responsibility of Contractor. "Down Time" on equipment and special machinery shall not be reimbursable. I. Owned or rented equipment rental rates shall be competitive for Milwaukee area and subject to verification as requested and approved by Owner. Rates at cost apply to Subcontractors. II. If agreement cannot be reached on equipment rates, rates shall not exceed rental rates contained in Rental Rate Blue Book, published by Dataquest, Inc., San Jose, California. Rental rates in effect on January of each year will be used throughout term of Contract. Rates will be adjusted for regional differences. III. When Owner requests equipment to "stand-by" and remain on site for later use, only one-half of rate will be paid for "stand-by" period. IV. Equipment rate will apply to travel time for self powered equipment; when equipment is transported, transporting vehicle rate only will be paid. Equipment Mobilization/Demobilization travel time is actual time of move as monitored by Owner, but not to exceed 2 hours total. V. Equipment having a replacement value of $1,000 or less will be considered "small tools" and no allowance will be made for use. VI. Submit equipment name, model number, year, capacity, horsepower, and other data verifying rates.
00800-ExhibitA2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00801Exhibit A C.O. Extra Work ^L0 Claims - OLT Greenfield.doc03/10 VII. Equipment rates not listed in Rental Rate Blue Book must have Owner approval before use to receive compensation. Compliance with this provision is subject to audit.
5. The allowance for combined overhead and profit included in total cost to Owner shall be based on following schedule: a. For Contractor, for Work performed by Contractor's own forces, 15 percent of the cost. b. For Contractor, for Work performed by Contractor's Subcontractor, 5 percent of the amount due Subcontractor. c. For each Subcontractor or Sub-subcontractor involved, for Work performed by Subcontractor's or Sub-subcontractor's own forces, 15 percent of cost. d. For each Subcontractor, for Work performed by Subcontractor's Sub- subcontractors, 5 percent of amount due Sub-subcontractor. e. Cost to which overhead and profit is to be applied shall be determined in accordance with paragraph 4 of this Exhibit A. f. In order to facilitate checking of quotations for extras or credits, proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a charge over two thousand dollars ($2,000) be approved without such itemization. g. When computing change orders with deductions, overhead and profit will be deleted from deductions.
6. As a further clarification, the agreed upon Markup Percentage Fee is intended to cover the contractor's profit and all indirect costs associated with the change order work. Items intended to be covered by the Markup Percentage Fee include, but are not limited to; home office expenses, branch office and field office overhead expense of any kind, project management, superintendents, general foremen; estimating, engineering, coordination, expediting, purchasing, detailing; legal, accounting, data processing or other administrative expenses, shop drawings, permits, comprehensive general liability insurance, auto insurance and umbrella insurance, pick-up truck costs. The cost for the use of small tools is also to be considered covered by the Markup Percentage Fee. Small tools shall be defined as tools and equipment (power or non-power) with an individual value of $1,000 or less.
7. The application of the markup percentages referenced in the preceding paragraphs will apply to both additive and deductive change orders. In the case of a deductive change order, after the net credit is computed by applying the sliding scale percentages as outlined, an adjustment will be made to the computed credit by multiplying the credit amount by a factor of .975 to arrive at a final credit amount to be issued to the Owner. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted and the markup percentage adjustments will be applied to the net additive or deductive amount.
00800-ExhibitA3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00801Exhibit A C.O. Extra Work ^L0 Claims - OLT Greenfield.doc03/10 8. In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated to accomplish the work. Unknowns attributable to material scrap and waste will be estimated as part of material costs.
9. The Contractor's proposals for changes in the contract amount or time shall be submitted within seven (7) calendar days of the Owner's request, unless the Owner extends such period of time due to the circumstances involved. If such proposals are not received in a timely manner, if the proposals are not acceptable to Owner, or if the changed work should be started immediately to avoid damage to the project or costly delay, the Owner may direct the Contractor to proceed with the changes without waiting for the Contractor's proposal or for the formal change order to be issued. In the case of an unacceptable Contractor proposal, the Owner may direct the Contractor to proceed with the changed work on a cost-plus basis with an agreed upon "not-to-exceed" price for the work to be performed. Such directions to the Contractor by the Owner shall be confirmed in writing by a "Notice to Proceed on Changes" letter within seven (7) calendar days. The cost or credit, and or time extensions will be determined by negotiations as soon as practical thereafter and incorporated in a Change Order to the Contract.
10. In the event the Contractor has been required to furnish performance and/or payment bonds as part of the base contract price, a final contract change order will be processed to account for the contractor's net increase or decrease in bond premium costs associated with change orders to Contractor's base contract price. Contract adjustments related to any such increased or decreased costs of related to insurance and/or bond coverage will not be subject to any Contractor markup for overhead and profit.
11. Unit Price Change Order Proposals - As an alternative to Lump Sum Change Order Proposals, the Owner or the Construction Manager acting with the approval of the Owner may choose the option to use Contract Unit Prices. The Contractor will submit within seven (7) days after receipt of the Owner's written request for a Unit Price Proposal, a written Unit Price proposal itemizing the quantities of each item of work for which there is an applicable Contract Unit Price. The quantities must be itemized in relation to each specific contract drawing.
12. Contract Unit Prices will be applied to net differences of quantities of the same item. Such Contract Unit Prices will be considered to cover all direct and indirect costs of furnishing and installing the item including the subcontractor's Markup Percentage Fee.
13. Cost Plus Change Order Proposals - As an alternative to either Lump Sum Change Order Proposals or Unit Price Change Order Proposals, the Owner may elect to have any extra work performed on a cost plus markup percentage fee basis. Upon written notice to proceed, the Contractor shall perform such authorized extra work at actual cost for direct labor (working foremen, journeymen, apprentices, helpers, etc.), actual cost of labor burden, actual cost of material used to perform the extra work, and actual cost of rental of major equipment without any charge for administration, clerical expense, general supervision or superintendence of any nature whatsoever, including general foremen, or the cost or rental of small tools, minor equipment, or
00800-ExhibitA4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00801Exhibit A C.O. Extra Work ^L0 Claims - OLT Greenfield.doc03/10 plant (fabrication), plus the approved markup percentage fee. The intent of this clause is to define allowable cost plus chargeable costs to be the same as those allowable when pricing Lump Sum Change Proposals as above. Owner and contractor may agree in advance in writing on a maximum price for this work and Owner shall not be liable for any charge in excess of the maximum. Daily time sheets with names of all Contractor's employees working on the project will be required to be submitted to the Owner for both labor and equipment used by the Contractor for time periods during which extra work is performed on a cost plus fee basis. Daily time sheets will break down the paid hours worked by the Contractor's employees showing both base contract work as well as extra work performed by each employee.
14. Accurate Change Order Pricing Information: Contractor agrees that it is responsible for submitting accurate cost and pricing data to support its Lump Sum Change and/or Cost Plus Change Order Proposals or other contract price adjustments under the contract. Contractor further agrees to submit change order proposals with cost and pricing data, which is accurate, complete, current and in accordance with the terms of the contract with respect to pricing of change orders.
15. Right to Verify Change Order Pricing Information: Contractor agrees that any designated Owner's representative will have the right to examine the contractor's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, Contractor agrees that if the Owner later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the contract regarding pricing of change orders; then an appropriate contract price reduction will be made.
16. Requirements for Detailed Change Order Pricing Information: Contractor agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined in this Exhibit A. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the Contractor's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced, the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed upon labor cost components are determined to be inaccurate.
17. The Contractor is required to notify the Owner within seven (7) calendar days subsequent to an event that may lead to a claim by the Contractor or Subcontractor of any tier. The claim is to be perfected and the Owner provided a full accounting for all costs associated with the claim within thirty (30) calendar days, unless the Contractor requests in writing and the Owner agrees to a specific extension of this time. The reason for the extension is to be made known to the Owner in the written request. Any claims that are not promptly and accurately reported in keeping with this Exhibit A will not be entertained. The Owner has the right to verify amounts claimed in the same manner as described in paragraphs 15 and 16 of this Exhibit A.
00800-ExhibitA5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00801Exhibit A C.O. Extra Work ^L0 Claims - OLT Greenfield.doc03/10 NON-TRADITIONAL TRANSPORTATION PROJECT IMPLEMENTATION CONTRACT MODIFICATION PRIOR APPROVAL JUSTIFICATION CONTRACT ID: CONTRACT MODIFICATION NO:
PROJECT ID: FEDERAL ID:
PROJECT DESCRIPTION: COUNTY:
MANAGING OFFICE: SPONSOR: 1. Description & need for change:
2. Consequences if this Contract Modification is not approved:
3. Alternatives considered:
4. Estimated cost:
5. Justification of price:
6. Does this change affect the contract time? Yes No Explanation for consideration of time: Additional Number of days: New completion date: To be determined: 7. Does this require Exceptions to the Standards? Yes No Explanation for consideration to the standards:
Prepared By ______Project Sponsor Representative Date
Approved ______WisDOT Local Program Project Manager Date
Estimated Cost
Appendix -B16 Group Item Quantity Item Contract or Increase Code Number +/‐ Unit Item Description Agreed Price (Decrease) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Estimated Charge $0.00
List if New Project(s) and/or Group Code(s) are being added to the subject contract (if available) Project ID Group Code Federal Funding Type County Urban/Rural
Appendix -B16 NON-TRADITIONAL TRANSPORTATION PROJECT IMPLEMENTATION PROGRAM CONTRACT MODIFICATION
Date: Contract Modification No. Project ID: Sponsor: Project Description: Contractor: Region: Region Representative:
Description of Changes:
Bid Item Increases/Decreases: Original Quantity New (including any Item previous Revised Total Cost Number Item Description Unit revisions) Quantity Difference (+ or -) Unit Price Increase/Decrease Participating 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Participating Subtotal $0.00
Original Quantity New (including any Item previous Revised Total Cost Non- Number Item Description Unit revisions) Quantity Difference (+ or -) Unit Price Increase/Decrease Participating 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Non-Participating Subtotal $0.00
New Items: Item Original Revised Total Cost Number Item Description Unit Quantity Quantity Unit Price Increase/Decrease Participating $0.00 $0.00 $0.00 $0.00 Participating Subtotal 0.00
Item Original Revised Total Cost Non- Number Item Description Unit Quantity Quantity Unit Price Increase/Decrease Participating $0.00 $0.00 $0.00 $0.00 Non-Participating Subtotal 0.00
Total Contract Increase/Decrease 0.00 Authorized Contract Amount: $0.00 Let amount from Bid Letting plus any approved contract modifications
Revised Contract Amount $0.00
Non-Participating Cost Non-participating costs this mod $0.00 Non-Participating Costs are funded by the Sponsor and are not eligible for Federal reimbursement. Previous Non-participating costs $0.00 Total non-particpating costs $0.00
Total Participating Cost $0.00 (Subtract Non-Participating Cost from Revised Cost) Participating Costs are costs eligible for State or Federal cost sharing and approved for inclusion in this project.
Multiply by Maximum Participating Percentage 80% (See Project Agreement; usually 80%)
Revised Participating Cost $0.00
Maximum Participating Cost $0.00 (See Project Agreement)
Time: Original Completion Date/Working Days/Calendar Days Additional Calendar Days/Working Days added by this modification _ New Completion Date/ Working Days/Calendar Days
Recommended By: Accepted By:
Signature of Engineer Signature of Contractor Approved By: Approved By:
Signature of Sponsor Signature of Region TRANSMITTAL LETTER (Advance Purchase)
TO: Department of Administrative Services Facilities Management Architectural, Engineering and Environmental Services Section Milwaukee County 633 W. Wisconsin Ave., Suite 1000 Milwaukee, Wisconsin 53203
Project No.:
Project Name:
Attached is an Advance Purchase Affidavit completed in form, and a Waiver of Lien together with invoices or statements for the materials covered by said waiver. In conformance with the Advance Purchase Affidavit, the material is suitably stored and protected at the following location(s): ______
______(Firm Name)
By: ______Date: ______(Name and Title) …………………………………………………………………………………………………………………… (For County Use Only)
Inspected this ______day of ______, 20____.
MILWAUKEE COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES FACILITIES MANAGEMENT- ARCHITECTURAL, ENGINEERING AND ENVIRONMENTAL SERVICES SECTION
By: ______
Insurance Company of Milwaukee County notified about including coverage of the above stored materials this ______day of ______, 20___.
https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30a MKE Specs - OLT Union Pacific - Crestwood Stream Culvert/00802TRANSMITTAL LTR-adv. purchanse - OLT Crestwood Stream Culvert.doc
https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30a MKE Specs - OLT Union Pacific - Crestwood Stream Culvert/00802TRANSMITTAL LTR-adv. purchanse - OLT Crestwood Stream Culvert.doc ADVANCE PURCHASE AFFIDAVIT
STATE OF WISCONSIN ) COUNTY OF )
______, being duly sworn, on oath deposes and says that he is an officer, to-wit, ______of ______, hereinafter referred to as the Contractor, now engaged in furnishing work and material on Project No.: ______, and that attached is a true and correct statement of materials inventoried or purchased by the Contractor for the Project together with dates of purchases and inventory with the location of the material; evidence of payment or certification of removal from stock; that affiant is personally familiar with the facts in the statement and swears they are true and correct; that the statement is given as a consideration for payment by the County for the cost of such materials; that as a further consideration for such payment, this affiant covenants and agrees that no part of the materials shall at any time be diverted to any purpose other than its use in the County project, without written consent of the County; and that
Contractor shall have the care, custody and control of the materials and safeguard them against loss, damage or destruction from any cause.
CONTRACTOR
______
BY: ______(Signature)
Subscribed and Sworn to be before me this ______day of ______
20___
______Notary Public, ______County, Wisconsin. My Commission expires: ______
https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30a MKE Specs - OLT Union Pacific - Crestwood Stream Culvert/00803ADVANCE PURCHASE AFFIDAVIT - OLT Crestwood Stream Culvert.docx
“CONDITIONAL UPON RECEIPT”
WAIVER OF LIEN
The undersigned, for value received, hereby waives its lien on any money; bonds or warrants due or to become due the prime contractor, ______, on Project Name and No. ______situated in the City of ______,
County of Milwaukee, State of Wisconsin, and described and located at ______.
This waiver of lien is in the total sum of $ ______, and covers invoice numbers:
INVOICE NUMBER AMOUNT
______
______
______
______
______
This waiver of lien affects only materials furnished under the foregoing invoices, and does not impair the undersigned’s right to a lien authorized by Section 289.15, Wisconsin Statutes, for additional materials to be furnished to ______, contractor, and used in connection with the erection, construction, alterations or repair of the premises located at
______.
Dated at ______, Wisconsin, this ____ day of ______, 20___.
______(Firm Name)
By: ______
https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30a MKE Specs - OLT Union Pacific - Crestwood Stream Culvert/00804waiver of lien - OLT Crestwood Stream Culvert.doc P698-19613 DOCUMENT 00819 FIRST SOURCE EMPLOYMENT PROGRAM
1. SCOPE
A. Wisconsin Community Service, Inc. (WCS) offers education, vocational training, employment skills, job placement, and job retention services to ex-offenders in the Milwaukee area.
B. Objectives of this program include offering career opportunities to men and women reentering the community in the building trades. This includes a high percentage of people who are members of ethic minority groups.
C. WCS asks that contractors employ individuals who have completed appropriate training and meet the contractors’ hiring qualifications.
2. WISCONSIN COMMUNITY SERVICES’ ROLE
The following services are provided by WCS:
A. Identification of Qualified Participants: WCS will screen and test eligible participants for work on identified County projects. Screening will determine potential for successful entrance into the construction industry and prior construction experience. Tests administered will determine academic skill levels and aptitude and interest levels.
B. Training: WCS will train participants in the areas of welding and construction/deconstruction. Training classes will be conducted at the County Correctional Facility – South (formerly known as the House of Correction) and at training sites in the community. Training will typically be 10 to 12 weeks in duration. Training consists of classroom and hands-on experience.
C. Pre-apprenticeship Training: WCS will assist interested participants in construction training to meet the minimum qualifications for apprenticeship applications including referrals for GED/HSED, driver's license, and pre-apprenticeship testing. WCS will conduct tests and assist welding training participants to apply for welding certifications through the American Welding Society (AWS) and the State of Wisconsin Department of Safety and Professional Services.
D. Support Services: WCS will provide training in skills, attitudes, and behaviors necessary to secure and retain employment. WCS will also provide case management services to participants to assist them in resolving potential barriers to employment success.
E. Follow-up: WCS will continue to work with employed clients in retaining employment and resolving job-related issues.
3. FINANCIAL INCENTIVES
A. In order to promote this program and encourage contractors to involve themselves in First Source Employment, inducements are offered. For example, the Milwaukee Area Workforce Investment Board (MAWIB) provides contractors with financial incentive work supplementation programs or special trainings. The State of Wisconsin offers tax incentives for hiring members of certain disadvantaged groups; employers may take advantage of tax credits for the hire of ex-offenders who are felons.
B. For more information on how to take advantage of these and other programs, call Wisconsin Community Services, Inc. at 414-290-0400.
00819 - 1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00819rev - OLT Greenfield.doc 12/18 4. PROJECT REQUIREMENTS
A. If additional employees are needed in the aforementioned trades, first contact WCS to review the pool of available candidates.
B. Contractor may, but is not required to, hire employees provided by WCS.
END OF DOCUMENT
00819 - 2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/00819rev - OLT Greenfield.doc 12/18
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION SPECIFICATIONS
1. The award of this contract is conditioned upon your good faith efforts in achieving this project’s Disadvantaged Business Enterprise (DBE) goal of 15%, and you must document those efforts.
2. DBE Goal: This participation goal is based on the total dollar value of your base bid, initial offer or initial scope of work, less allowance and/or reimbursable items. Participation must be maintained throughout the contract, including additional contract work, e.g., acceptance of alternates, negotiated procurements, change orders, addendums, use of allowances, etc.
BID/PROPOSAL CONSIDERATIONS
3. The County will reject your bid/proposal if it does not include documentation of your good faith efforts in one of the following ways:
a. When you meet or exceed the goal, include the Commitment to Contract with DBE (DBE-14) form(s).
b. When you do not meet or exceed the goal, include the Certificate of Good Faith Efforts (DBE-01) goal.
EXAMPLE: 20% goal. You have 4% participation in commitment(s). You submit the commitment(s) for the 4%, along with the Certificate of Good Faith Efforts (DBE-01) documenting the efforts undertaken to achieve the remaining 16%.
4. Your good faith efforts are those that one could reasonably expect to be taken if you were actively and aggressively trying to obtain DBE participation sufficient to meet the goal. Additional guidance is part of the Certificate of Good Faith Efforts (DBE-01) form).
5. If awarded the contract, you will enter into a contractual agreement, directly or through subcontractors, according to the Commitment to Contract with DBE (DBE-14) form(s) submitted with your bid/proposal. Copies of the executed contract(s) or purchase order(s) will be required to be submitted to the County.
6. DBE participation credit, for both DBE and non-DBE primes, is calculated as follows:
a. All of the identified scope(s) of work must have a commercially useful function in the actual work of the contract and must be performed directly by the DBE. This means that DBEs must perform the contract work with their own employees, as determined by the County.
b. One hundred percent (100%) for the work performed by a DBE. If a DBE subcontracts a portion of its work to another firm, the value of the subcontracted work will not be counted towards the DBE goals unless the work is performed by another DBE. Material, equipment and supplies provided and installed (put into use) by a DBE also count dollar for dollar to toward the goal.
c. One hundred percent (100%) for products manufactured by a DBE. DBE manufacturers operate or maintain a facility that produces goods from raw materials, or substantially alters the materials or supplies, on-site.
d. Sixty percent (60%) for materials or supplies purchased from a certified DBE regular dealer.
Regular Dealers own, operate, or maintain stores, warehouses, or other establishments where materials or supplies are kept in stock, and regularly sold to the public in the usual course of business. A regular dealer in bulk items such as steel, cement, gravel, stone, and petroleum products don’t need to keep stock, if it owns or operates distribution equipment.
DBE-00 (11/01/2016) Previous Editions Obsolete 1
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY
e. One hundred percent (100%) for the fees or commissions charged for assistance in the procurement of material and supplies. Fees or transportation charges for the delivery of material or supplies by a DBE to a job site also count dollar for dollar toward the goal. The cost of the materials and/or supplies themselves will not be credited towards its DBE goals.
Brokers, Trade Agents and Manufacturers’/Independent Sales Representatives arrange or expedite transactions without taking title of the goods being sold and receive a commission or fee for their service.
f. One hundred percent (100%) for DBE trucking firms. The DBE must be responsible for the management and supervision of the entire trucking operation for which it has contracted. The DBE must also use trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another firm, or an owner-operator, certified as a DBE. The DBE may also lease trucks from a non-DBE firm, or owner-operator, but credit will only be given for the fee or commission and not the trucking itself. Ready mix operations will not receive credit for deliveries made by non-DBE firms.
g. You are required to notify the County if any DBE contractor(s) working on this contract will sublet any portion of their work.
7. Only DBEs certified by the State of Wisconsin Unified Certification Program (UCP) prior to the bid/proposal submission deadline count towards the satisfaction of the goal. If you want to use a firm certified in another state or with another agency, the firm must apply for certification with the UCP prior to submission of your offer/bid deadline. For assistance related to DBE certification of firms, contact the Certification Compliance Administrator at (414) 278-4747.
8. The County reserves the right to request supporting documentation from both you and any listed DBE. If you fail to respond within the time specified, the County will determine you to be non-responsive and remove you from further consideration for contract award.
FOLLOWING CONTRACT AWARD
9. The County reserves the right to conduct compliance reviews and request, both from you and your subs or suppliers, supporting documentation to verify DBE participation, in addition to the information entered monthly into the County’s online reporting system. The County will notify you if you are not in compliance with contract specifications. If you fail to take corrective action as directed, the County will take one or more of the following actions:
a. Terminate or cancel your contract, in whole or in part;
b. Remove you from the list of qualified contractors/consultants, and refuse to accept future bids/proposals from you for a period not to exceed three (3) years;
c. Withhold contract payments, or pay subs and/or suppliers directly, to cover shortfall; and/or
d. Bring suit to recover damages up to the amount of the shortfall, including interest at the rate of 12% annually, plus the County’s costs, expenses and actual attorney’s fees incurred in the collection action.
10. You must submit copies of the executed subcontract agreement(s) or purchase order(s) for each sub and/or supplier listed on the contract. Include copies with the first monthly request for payment. REQUESTS FOR PAYMENT WILL NOT BE PROCESSED IF AGREEMENTS/PURCHASE ORDERS ARE NOT SUBMITTED. In addition, you will document that each DBE is notified at least three (3) working days before start of their subcontract work.
DBE-00 (11/01/2016) Previous Editions Obsolete 2
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY
11. You are required to notify the County if any DBE contractor(s) working on this contract will sublet any portion of their work.
12. If the DBE(s) cannot perform, if you have a problem in meeting the goal, or any other issue such issues come up, you must immediately contact CBDP Compliance at (414) 278-4851. You must submit written notification of your desire for substitution to the DBE affected, and copy the County. This notice must state the reason for the request. The DBE has five (5) business days to provide written objection/acceptance to you. Approval must be obtained from County prior to making any substitutions. DBE contractors are also required to notify and obtain approval from the County prior to subletting work on this project.
13. Requests for Payment: You will enter payments to subs and suppliers directly into the County’s online reporting system on a monthly basis. These entries will cover payments made during the preceding month and will include zero dollar ($0) entries where no payment has occurred. You must also indicate on the AIA Document G703 - Continuation Sheet, or equivalent, work being performed by DBEs. Either a) place the word “DBE” behind the work item or b) break out the work done by DBEs at the end of the report. If you don’t do these things, the County will deny payments, or enforce other sanctions including those listed in Section 9, above.
14. The County has a revolving loan program for DBEs. If you use a DBE that is using these County funds, you must assist the County repayment of these funds. This may include, but is not limited to, providing written information regarding the sub’s contract balance, prior payment (two or three party) agreements, and the issuance of two-party checks payable in the name of Milwaukee County and the DBE indebted to the County under this program.
15. The County reserves the right to waive any of these specifications when it is in our best interest.
DBE-00 (11/01/2016) Previous Editions Obsolete 3
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY CERTIFICATE OF GOOD FAITH EFFORTS
Completion of this form is required for all bidders who have not achieved participation goal. Submission of a complete form is a matter of responsiveness to this bid. Completion of all three tabs in this spreadsheet is required. Certificate of Good Faith Efforts
Guidance on completing these documents. This guidance and information is provided to assist bidders in compliance with the provisions under all Milwaukee County Ordinances and US DOT 49 CFR part 26, pertaining to the implementation of the US DOT disadvantaged business enterprise program. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations. They are issued to provide an acceptable means, but not the only means, of compliance with Part 26 and other guiding statutes, regulations and laws. For US DOT projects the regulations in 49 CFR 26 and others can be reviewed at: https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/dbe-program-overview. The Milwaukee County CBDP program can be reviewed in more detail at: http://county.milwaukee.gov/cbdp including links to relevant regulations.
When Milwaukee County assigns a participation goal, you will make good faith efforts to meet this goal prior to submitting a bid or proposal in order to be responsive. If you do not meet the goal, you can document adequate good faith efforts toward that end. This means that you must show that you took all necessary and reasonable steps to achieve the participation goal. The County will make a fair and reasonable judgment as to whether you made adequate good faith efforts according to the following guidelines. It is important to consider the quality, quantity, and intensity of the different kinds of efforts that were made. These efforts should be those that one could reasonably expect you to take if you were actively and aggressively trying to obtain participation sufficient to meet the participation goal. Going through the motions by making a phone call or two to a firm that you think should qualify is not good faith efforts to meet the project requirements. The County’s determination concerning the sufficiency of your good faith efforts is a judgement call and meeting quantitative formulas is not required. The following is a list of types of actions the County considers as part of your good faith efforts. This is not a mandatory checklist, nor is it all-inclusive. Other factors or types of efforts may be relevant in appropriate cases, see regulations for more information.
DBE-01 (11/01/2016) Previous Editions Obsolete 1 of 4
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY CERTIFICATE OF GOOD FAITH EFFORTS
Certificate of Good Faith Efforts This document is required to detail what your firm has done to meet this project’s participation goal if the participation you have attained is less than the goal set for this project. Guidance as to acceptable ‘good faith efforts’ is found on the Guidance page of this spreadsheet. Failure to use and properly document good faith efforts to meet the assigned participation goal will result in the rejection of your bid/proposal. By submitting this document, do hereby acknowledge that I am authorized as the representative for the bidder/proposer on the following Milwaukee County Project and that we have provided documented proof of our firm’s good faith efforts to solicit, negotiate with and utilize certified firms to meet the participation goal of this contract as demonstrated by my response to the questions contained in this fully completed set of documents.
Prime Contractor Authorized Representative Email Address Telephone Other Contact Is the Prime Firm Name and Address Number Info a DBE?
Project Number Bid Number Project Title Total Contract Amount DBE Total Project Percentage Goal Pledged
Provide a brief summary of why your firm is unable to meet the participation goal on this project.
DBE-01 (11/01/2016) Previous Editions Obsolete 2 of 4
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY CERTIFICATE OF GOOD FAITH EFFORTS
Contractible Work Items You are required to determine portions of work to be contracted in a manner that will increase the likelihood of meeting the participation goal set for this project. In selecting work to be contracted, you must consider, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. To assist in these efforts and to provide consistent definitions, use NAICS codes (http://www.census.gov/eos/www/naics/) to identify each category of work you identified. DBE firms are registered by NAICS code and a list is available in the Wisconsin UCP directory.
NAICS codes (Required) Description of work Estimated Dollar Value Was this work made available to DBE Explanation (Required) Firms? If no, explain why.
DBE-01 (11/01/2016) Previous Editions Obsolete 3 of 4
COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY CERTIFICATE OF GOOD FAITH EFFORTS
Soliciting from Interested Firms You must have solicited quotes in good faith from certified firms. List certified firm(s) that you have solicited for participation in this project. Documentation of information provided below will be required upon evaluation of a Good Faith Effort. "Original Solicitation" and "Solicitation Follow Up" with certified firms must be documented in written form (email or fax only). Firm Name Describe Work Solicited (NAICS codes Date of Original Solicitation Date of Follow Solicitation Follow Quote Quote Reason for Rejecting Quote pulled from “Contractible Work Items”) Solicitation Method Used Up Solicitation Up Method Used Received Accepted (Y/N) (Y/N)
DBE-01 (11/01/2016) Previous Editions Obsolete 4 of 4 COMMUNITY BUSINESS DEVELOPMENT PARTNERS MILWAUKEE COUNTY
CONTRACT CLOSE-OUT DBE PAYMENT CERTIFICATION
Prime Contractor/Consultant must attach this form to the request for final payment in order to receive payment.
County Department Issuing Contract/Project:
Prime Contractor/Consultant:
DBE Firm:
Project No.: ______Project Name:
Complete Section A if full payment has been made. Complete Section B if full payment will be made upon receipt of final payment from Milwaukee County.
*SECTION (A) DBE FIRM COMPLETES IF FINAL PAYMENT HAS BEEN RECEIVED
I hereby certify that our firm received $______total payment for work on the above referenced Milwaukee County project or contract.
Date______, 20___
(DBE Contractor/Consultant Signature) (Print Name & Title)
*SECTION (B) BOTH PRIME CONTRACTOR/CONSULTANT AND DBE FIRM COMPLETE IF FULL PAYMENT HAS NOT BEEN MADE TO DBE FIRM AND A BALANCE REMAINS TO BE PAID.
I hereby certify that our firm has paid to date a total of $ and will pay the balance of $ to upon receipt of payment from Milwaukee County for work on the above referenced project or contract.
Date: ______, 20___
(Prime Contractor/Consultant Signature) (Print Name & Title)
(DBE Contractor/Consultant Signature) (Print Name & Title)
DBE-18 (08/01/13) Previous Editions Obsolete
Submit with final application for payment.
MILWAUKEE COUNTY FINAL PAYMENT AFFIDAVIT OF COMPLIANCE WITH WAGE RATE
Project No. Project Name:
I, , being duly sworn, state that:
1. I am the of , a corporation, partnership, or individual of , , and make this affidavit pursuant to (city, village, township) (state) the provisions of Federal wage and fringe benefit rates for Federal funded contracts for construction of public works.
2. I have completed the Work under the Contract for the above named Project and make this affidavit in order to obtain my final payment.
3. I have complied with the wage and hour requirements provisions in the above referenced project contract.
4. I have received similar evidence of compliance with the contract wage rates from each of my agents and subcontractors who worked on this project.
5. I have accurate records that show the name, address and trade or occupation of every laborer, worker or mechanic that I and/or my subcontractors employed on the above named project, including the hours worked and actual wages and fringe benefits paid to each employee.
These records will be kept at (place and address) ______, and made available for inspection for a period of three (3) years following date of substantial completion of this project.
(signature)
Subscribed and sworn to before me this date of , 20 .
Notary Public, State of
My Commission Expires: / /
Form 2036 rev 02-2017 – Federal HTTPS://D.DOCS.LIVE.NET/56D7F0140D26FF9E/PROJECTS/2021-30A MKE SPECS - OLT UNION PACIFIC - CRESTWOOD STREAM CULVERT/00824FORM 2036 REVISED FEDERAL-02-2017 - OLT CRESTWOOD STREAM CULVERT.DOC
P698-19613
SECTION 00850
WIS DOT INSERT PACKAGE
NOTE: These conditions shall apply where they are more restrictive than County Requirements
\\W3027S02\DPPI-PROJECTS$\P529 - OLT BENDER\06-BIDDING PHASE\SPECS\FRONT-END\CONTREQR\00850.DOC Special Provisions Table of Contents Article Description Page # 1. General...... 2 2. Scope of Work...... 2 3. Prosecution and Progress...... 2
Double click here to enter Construction Ids separated by commas. 1 of 3 STSP’S Revised July 8, 2021 SPECIAL PROVISIONS
1. General. Perform the work under this construction contract for Project Description as seen on Highway Work Proposal and in FIIPS, Wisconsin as the plans show and execute the work as specified in the State of Wisconsin, Department of Transportation, Standard Specifications for Highway and Structure Construction, 2022 Edition, as published by the department, and these special provisions. If all or a portion of the plans and special provisions are developed in the SI metric system and the schedule of prices is developed in the US standard measure system, the department will pay for the work as bid in the US standard system. 100-005 (20210708)
2. Scope of Work. The work under this contract shall consist of Enter the major work categories and all incidental items necessary to complete the work as shown on the plans and included in the proposal and contract. 104-005 (20090901)
3. Prosecution and Progress. Begin work within ten calendar days after the engineer issues a written notice to do so.
4. Railroad Insurance and Coordination - Union Pacific Railroad Company A. Description Comply with standard spec 107.17 for all work affecting Union Pacific Railroad Company property and any existing tracks. A.1 Railroad Insurance Requirements In addition to standard spec 107.26, provide railroad protective liability insurance coverage as specified in standard spec 107.17.3. Insurance is filed in the name of Union Pacific Railroad Company. Notify evidence of the required coverage, and duration to David C. LaPlante, Senior Manager-Real Estate-Special and Public Projects, 1400 Douglas St. STOP 1690, Omaha, NE 68179; Telephone: (402) 544-8563; E-mail: [email protected]. Also send a copy to the following: Jason Kazmierski, SE Region Railroad Coordinator, 141 N. Barstow Street, Waukesha, WI 53188; Telephone (262)548-6700; E-mail [email protected] Include the following information on the insurance document:
# Route Name City/County Crossing ID RR Subdivision RR Milepost 1 Oak Leaf Trail West Allis/Milwaukee 177283R Great Lakes 0011.195 2 Oak Leaf Trail West Allis/Milwaukee 177282J Great Lakes 0011.020
A.2 Train Operation Approximately 1 through freight trains operate weekly at up to 10 mph. No switching movements. A.3 Names and Addresses of Railroad Representatives for Consultation and Coordination Construction Contact Chris T. Keckeisen, Manager Special Projects - Industry & Public Projects Engineering Department; 1400 Douglas, MS 0910, Omaha, NE, 68179; Telephone (402) 5445131; E-mail [email protected] or Richard Ellison, Project coordinator, 207 Powell Avenue, Labadie, MO, 63055; Telephone (847) 323-7197; E-mail [email protected] for consultation on railroad requirements during construction. Amend standard spec 108.4 to include the railroad in the distribution of the initial bar chart, and monthly schedule updates. The bar chart shall specifically show work involving coordination with the railroad. Flagging Contact
Double click here to enter Construction Ids separated by commas. 2 of 3 See Construction Contact. If more than 30 days of flagging is required contact UP 30 days prior to needing a flagger on site. Reference the Wisconsin Milepost and Subdivision located in A.1. Cable Locate Contact In addition to contacting Diggers Hotline, contact the UP Call Before You Dig line at (800) 336-9193 at least five working days before the locate is needed. Normal business hours are 6:30 AM to 6:30 PM, Central Time, Monday through Friday, except holidays and are subject to change. Calls will be routed at all times in case of an emergency. Reference the Wisconsin Milepost and Subdivision located in A.1. UP will only locate railroad owned cable buried in the railroad right-of-way. The railroad does not locate any other utilities. A.4 Work by Railroad The railroad will perform the work described in this section, except for work described in other special provisions, and will be accomplished without cost to the contractor. None. A.5 Temporary Grade Crossing If a temporary grade crossing is desired, submit a written request to the railroad representative named in A.3 at least 40 days prior to the time needed. Approval is subject to the discretion of the railroad. The department has made no arrangements for a temporary grade crossing. stp-107-026 (20190717)
Double click here to enter Construction Ids separated by commas. 3 of 3 FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments, withholding of final IV. Davis-Bacon and Related Act Provisions payment, termination of the contract, suspension / debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention 4. Selection of Labor: During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole, supervised release, or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts (included in Appalachian contracts only) related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. I. GENERAL In addition, the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60, construction contract funded under Title 23 (excluding 29 CFR 1625-1627, Title 23 USC Section 140, the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Title VI contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR subcontracts (excluding purchase orders, rental agreements Parts 200, 230, and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b) and, for all construction contracts exceeding $10,000, order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-tier subcontractor or service provider. Note: The U.S. Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29 subcontracts (excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140, the Rehabilitation Act of 1973, as for compliance by any subcontractor, lower-tier subcontractor amended (29 USC 794), and Title VI of the Civil Rights Act of or service provider. 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the The following provision is adopted from 23 CFR 230, Appendix Form FHWA-1273 must be physically incorporated (not A, with appropriate revisions to conform to the U.S. referenced) in all contracts, subcontracts and lower-tier Department of Labor (US DOL) and FHWA requirements. subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws, executive orders, rules, regulations (28 CFR 35, sections, these contract provisions shall apply to all work 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein, and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework, station work, or by subcontract. action standards for the contractor's project activities under
1 this contract. The provisions of the Americans with Disabilities 4. Recruitment: When advertising for employees, the Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation: "An Equal Opportunity Employer." All such contract. In the execution of this contract, the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived.
a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, color, agreement providing for exclusive hiring hall referrals, the national origin, age or disability. Such action shall include: contractor is expected to observe the provisions of that employment, upgrading, demotion, or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising; layoff or termination; rates of pay or compliance with EEO contract provisions. Where other forms of compensation; and selection for training, implementation of such an agreement has the effect of including apprenticeship, pre-apprenticeship, and/or on-the- discriminating against minorities or women, or obligates the job training." contractor to do the same, such implementation violates Federal nondiscrimination provisions. 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5. Personnel Actions: Wages, working conditions, and 3. Dissemination of Policy: All members of the contractor's employee benefits shall be established and administered, and staff who are authorized to hire, supervise, promote, and personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action, or who promotion, transfer, demotion, layoff, and termination, shall be are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, national cognizant of, and will implement, the contractor's EEO policy origin, age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months, at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer, covering discrimination. Where evidence is found, the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or 6. Training and Promotion: other appropriate means. a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., 9. Selection of Subcontractors, Procurement of Materials apprenticeship, and on-the-job training programs for the and Leasing of Equipment: The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race, color, religion, sex, special provision for training is provided under this contract, national origin, age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT’s U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor, either directly or through a contractor's association acting as agent, will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop, in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions, joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract, which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11. Records and Reports: The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race, color, religion, sex, national origin, age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor, the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1) The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, (2) The progress and efforts being made in cooperation through independent recruitment efforts, fill the employment with unions, when applicable, to increase employment vacancies without regard to race, color, religion, sex, national opportunities for minorities and women; and origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3) The progress and efforts being made in locating, hiring, to provide sufficient referrals (even though it is obligated to training, qualifying, and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project, indicating the number of minority, women, and pursuant to Executive Order 11246, as amended, and these non-minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants / the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision, the contractor
3 will be required to collect and report training data. The of paragraph 1.d. of this section; also, regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period (but not all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs July. which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to This provision is applicable to all Federal-aid construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race, color, religion, sex, or national origin cannot The wage determination (including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this use by written or oral policies nor tolerate such use by section) and the Davis-Bacon poster (WH–1321) shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location, under the contractor's control, where it can be easily seen by the workers. the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, b. (1) The contracting officer shall require that any class of time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, including helpers, which is not listed in storage or dressing areas, parking lots, drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas, transportation, and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination. The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The (ii) The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry; and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to other projects. wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and employed in the classification (if known), or their related matters” with minor revisions to conform to the FHWA- representatives, and the contracting officer agree on the classification and wage rate (including the amount 1273 format and FHWA program requirements. designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized a. All laborers and mechanics employed or working upon representative, will approve, modify, or disapprove every the site of the work, will be paid unconditionally and not less additional classification action within 30 days of receipt and often than once a week, and without subsequent deduction or so advise the contracting officer or will notify the contracting rebate on any account (except such payroll deductions as are officer within the 30-day period that additional time is permitted by regulations issued by the Secretary of Labor necessary. under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less (3) In the event the contractor, the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate (including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the and mechanics. contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for Contributions made or costs reasonably anticipated for bona determination. The Wage and Hour Administrator, or an fide fringe benefits under section 1(b)(2) of the Davis-Bacon authorized representative, will issue a determination within Act on behalf of laborers or mechanics are considered wages 30 days of receipt and so advise the contracting officer or paid to such laborers or mechanics, subject to the provisions
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will notify the contracting officer within the 30-day period that Bacon Act, the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the (4) The wage rate (including fringe benefits where laborers or mechanics affected, and records which show the appropriate) determined pursuant to paragraphs 1.b.(2) or costs anticipated or the actual cost incurred in providing such 1.b.(3) of this section, shall be paid to all workers performing benefits. Contractors employing apprentices or trainees under work in the classification under this contract from the first approved programs shall maintain written evidence of the day on which work is performed in the classification. registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and c. Whenever the minimum wage rate prescribed in the trainees, and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination b. (1) The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social other third person, the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee ( under a plan or program, Provided, That the Secretary of e.g. , the last four digits of the employee's social security Labor has found, upon the written request of the contractor, number). The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired. Optional Form WH–347 is been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social 2. Withholding security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor, withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor, or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements, which is held by the same prime contractor, so records, without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2) Each payroll submitted shall be accompanied by a including apprentices, trainees, and helpers, employed by the “Statement of Compliance,” signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic, including any apprentice, trainee, or certify the following: helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as (i) That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under §5.5 (a)(3)(ii) of payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information is have ceased. being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; 3. Payrolls and basic records
(ii) That each laborer or mechanic (including each a. Payrolls and basic records relating thereto shall be helper, apprentice, and trainee) employed on the contract maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly preserved for a period of three years thereafter for all laborers wages earned, without rebate, either directly or indirectly, and mechanics working at the site of the work. Such records and that no deductions have been made either directly or shall contain the name, address, and social security number of indirectly from the full wages earned, other than each such worker, his or her correct classification, hourly rates permissible deductions as set forth in Regulations, 29 CFR of wages paid (including rates of contributions or costs part 3; anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, (iii) That each laborer or mechanic has been paid not deductions made and actual wages paid. Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B) of the Davis-
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(3) The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH–347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the “Statement of Compliance” required by paragraph 3.b.(2) of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different (4) The falsification of any of the above certifications may practice prevails for the applicable apprentice classification, subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination. prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency c. The contractor or subcontractor shall make the records recognized by the Office, withdraws approval of an required under paragraph 3.a. of this section available for apprenticeship program, the contractor will no longer be inspection, copying, or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency, the State DOT, the predetermined rate for the work performed until an acceptable FHWA, or the Department of Labor, and shall permit such program is approved. representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, b. Trainees (programs of the USDOL). after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to Except as provided in 29 CFR 5.16, trainees will not be cause the suspension of any further payment, advance, or permitted to work at less than the predetermined rate for the guarantee of funds. Furthermore, failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 4. Apprentices and trainees Administration.
a. Apprentices (programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services, or with specified in the applicable wage determination. Trainees shall a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits, trainees shall be paid the full amount of fringe program, who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency (where appropriate) to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan The allowable ratio of apprentices to journeymen on the job approved by the Employment and Training Administration shall site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage permitted to the contractor as to the entire work force under determination for the classification of work actually performed. the registered program. Any worker listed on a payroll at an In addition, any trainee performing work on the job site in apprentice wage rate, who is not registered or otherwise excess of the ratio permitted under the registered program employed as stated above, shall be paid not less than the shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the wage determination for the work actually performed. classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program, the contractor will no for the work actually performed. Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered, the ratios and wage acceptable program is approved. rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered c. Equal employment opportunity. The utilization of program shall be observed. apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended, and 29 specified in the registered program for the apprentice's level of CFR part 30. progress, expressed as a percentage of the journeymen hourly
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d. Apprentices and Trainees (programs of the U.S. DOT).
V. CONTRACT WORK HOURS AND SAFETY Apprentices and trainees working under apprenticeship and STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of $100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act. These clauses shall be inserted in addition to particular programs. The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph, the terms laborers and mechanics the particular program. include watchmen and guards.
5. Compliance with Copeland Act requirements. The 1. Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3, which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to 6. Subcontracts. The contractor or subcontractor shall insert work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lower tier than one and one-half times the basic rate of pay for all hours subcontracts. The prime contractor shall be responsible for the worked in excess of forty hours in such workweek. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth 7. Contract termination: debarment. A breach of the in paragraph (1.) of this section, the contractor and any contract clauses in 29 CFR 5.5 may be grounds for termination subcontractor responsible therefor shall be liable for the of the contract, and for debarment as a contractor and a unpaid wages. In addition, such contractor and subcontractor subcontractor as provided in 29 CFR 5.12. shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such 8. Compliance with Davis-Bacon and Related Act District or to such territory), for liquidated damages. Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or 9. Disputes concerning labor standards. Disputes arising permitted to work in excess of the standard workweek of forty out of the labor standards provisions of this contract shall not hours without payment of the overtime wages required by the be subject to the general disputes clause of this contract. Such clause set forth in paragraph (1.) of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes 3. Withholding for unpaid wages and liquidated damages. between the contractor (or any of its subcontractors) and the The FHWA or the contacting agency shall upon its own action contracting agency, the U.S. Department of Labor, or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 10. Certification of eligibility. other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work a. By entering into this contract, the contractor certifies that Hours and Safety Standards Act, which is held by the same neither it (nor he or she) nor any person or firm who has an prime contractor, such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a) of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph (2.) of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4. Subcontracts. The contractor or subcontractor shall insert of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier c. The penalty for making false statements is prescribed in the subcontracts. The prime contractor shall be responsible for U.S. Criminal Code, 18 U.S.C. 1001. compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.
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evidenced in writing and that it contains all pertinent provisions VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5. The 30% self-performance requirement of paragraph (1) is contracts on the National Highway System. not applicable to design-build contracts; however, contracting agencies may establish their own self-performance 1. The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items VII. SAFETY: ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such This provision is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The a. The term “perform work with its own organization” refers contractor shall provide all safeguards, safety devices and to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor, with or determines, or as the contracting officer may determine, to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor, or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract, and shall be made a employees may only be included in this term if the prime condition of each subcontract, which the contractor enters into contractor meets all of the following conditions: pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance (1) the prime contractor maintains control over the of the contract, to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary, hazardous or dangerous to his/her employees; health or safety, as determined under construction safety and (2) the prime contractor remains responsible for the quality health standards (29 CFR 1926) promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3) the prime contractor retains all power to accept or Hours and Safety Standards Act (40 U.S.C. 3704). exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract the payment of predetermined minimum wages, the that the Secretary of Labor or authorized representative submission of payrolls, statements of compliance and all thereof, shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b. "Specialty Items" shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge, abilities, or Contract Work Hours and Safety Standards Act (40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of This provision is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3. The contractor shall furnish (a) a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm, has full authority to by engineers, contractors, suppliers, and workers on Federal- direct performance of the work in accordance with the contract aid highway projects, it is essential that all persons concerned requirements, and is in charge of all construction operations with the project perform their functions as carefully, thoroughly, (regardless of who performs the work) and (b) such other of its and honestly as possible. Willful falsification, distortion, or own organizational resources (supervision, management, and misrepresentation with respect to any facts related to the engineering services) as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4. No portion of the contract shall be sublet, assigned or Federal-aid highway project (23 CFR 635) in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer, or authorized representative, and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is
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"Whoever, being an officer, agent, or employee of the United covered transaction. The prospective first tier participant shall States, or of any State or Territory, or whoever, whether a submit an explanation of why it cannot provide the certification person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be false statement, false representation, or false report as to the considered in connection with the department or agency's character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction. However, be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans, maps, specifications, contracts, or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation; or c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later representation, false report or false claim with respect to the determined that the prospective participant knowingly rendered character, quality, quantity, or cost of any work performed or to an erroneous certification, in addition to other remedies be performed, or materials furnished or to be furnished, in available to the Federal Government, the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation; or d. The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement, certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916, (39 Stat. 355), as amended submitted or has become erroneous by reason of changed and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e. The terms "covered transaction," "debarred," years or both." "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions” refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions” refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). “Lower Tier Federal-aid construction contractor, or subcontractor, as Participant” refers any participant who has entered into a appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier 2. That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from every subcontract, and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts, design-build contracts, subcontracts, lower-tier covered transactions exceeding the $25,000 threshold. subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA h. A participant in a covered transaction may rely upon a approval or that is estimated to cost $25,000 or more – as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1. Instructions for Certification – First Tier Participants: debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as a. By signing and submitting this proposal, the prospective the eligibility of any lower tier prospective participants, each first tier participant is providing the certification set out below. participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is b. The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this
9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c. The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j. Except for transactions authorized under paragraph (f) of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d. The terms "covered transaction," "debarred," person who is suspended, debarred, ineligible, or voluntarily "suspended," "ineligible," "participant," "person," "principal," excluded from participation in this transaction, in addition to and "voluntarily excluded," as used in this clause, are defined other remedies available to the Federal Government, the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or * * * * * subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” 2. Certification Regarding Debarment, Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion – First Tier Transaction (such as subcontracts). “First Tier Participant” Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). “Lower Tier its knowledge and belief, that it and its principals: Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred, suspended, proposed for Tier Participants (such as subcontractors and suppliers). debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal e. The prospective lower tier participant agrees by department or agency; submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred, suspended, declared ineligible, or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining, attempting to obtain, or performing authorized by the department or agency with which this a public (Federal, State or local) transaction or contract under transaction originated. a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, f. The prospective lower tier participant further agrees by bribery, falsification or destruction of records, making false submitting this proposal that it will include this clause titled statements, or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification, in all lower tier covered transactions and civilly charged by a governmental entity (Federal, State or in all solicitations for lower tier covered transactions exceeding local) with commission of any of the offenses enumerated in the $25,000 threshold. paragraph (a)(2) of this certification; and g. A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred, suspended, ineligible, or (Federal, State or local) terminated for cause or default. voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification, such prospective debarred, or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each 2. Instructions for Certification - Lower Tier Participants: participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause. The a. By signing and submitting this proposal, the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph e of was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification, in addition to other remedies available to the person who is suspended, debarred, ineligible, or voluntarily Federal Government, the department, or agency with which excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the
10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
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SEPTEMBER 2002 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Employment Practices" and "Equal Opportunity Clause" set forth in the Required Contract Provisions, FHWA 1273. 2. The goals and timetables for minority and female participation expressed in percentage terms for the contractor's aggregate work force in each trade, on all construction work in the covered area, are as follows: Goals for Minority Participation for Each Trade: County % County % County % Adams 1.7 Iowa 1.7 Polk 2.2 Ashland 1.2 Iron 1.2 Portage 0.6 Barron 0.6 Jackson 0.6 Price 0.6 Bayfield 1.2 Jefferson 7.0 Racine 8.4 Brown 1.3 Juneau 0.6 Richland 1.7 Buffalo 0.6 Kenosha 3.0 Rock 3.1 Burnett 2.2 Kewaunee 1.0 Rusk 0.6 Calumet 0.9 La Crosse 0.9 St. Croix 2.9 Chippewa 0.5 Lafayette 0.5 Sauk 1.7 Clark 0.6 Langlade 0.6 Sawyer 0.6 Columbia 1.7 Lincoln 0.6 Shawano 1.0 Crawford 0.5 Manitowoc 1.0 Sheboygan 7.0 Dane 2.2 Marathon 0.6 Taylor 0.6 Dodge 7.0 Marinette 1.0 Trempealeau 0.6 Door 1.0 Marquette 1.7 Vernon 0.6 Douglas 1.0 Menominee 1.0 Vilas 0.6 Dunn 0.6 Milwaukee 8.0 Walworth 7.0 Eau Claire 0.5 Monroe 0.6 Washburn 0.6 Florence 1.0 Oconto 1.0 Washington 8.0 Fond du Lac 1.0 Oneida 0.6 Waukesha 8.0 Forest 1.0 Outagamie 0.9 Waupaca 1.0 Grant 0.5 Ozaukee 8.0 Waushara 1.0 Green 1.7 Pepin 0.6 Winnebago 0.9 Green Lake 1.0 Pierce 2.2 Wood 0.6
1 of 2 Goals for female participation for each trade: 6.9% These goals are applicable to all the contractor's construction work, (whether or not it is federal or federally assisted), performed in the covered area. If the contractor performs construction work in the geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The contractor's compliance with the Executive Order and the Regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order and the Regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000.00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
As referred to in this section, the Director means:
Director Office of Federal Contract Compliance Programs Ruess Federal Plaza 310 W. Wisconsin Ave., Suite 1115 Milwaukee, WI 53202
The "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
4. As used in this notice, and in the contract resulting from solicitation, the "covered area" is the county(ies) in Wisconsin to which this proposal applies.
2 of 2 APRIL 2013
ADDITIONAL FEDERAL-AID PROVISIONS
NOTICE TO ALL BIDDERS
To report bid rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (DOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidding collusion, or other fraudulent activities should use the "hotline" to report such activities.
The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.
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Effective August 2015 letting
BUY AMERICA PROVISION
All steel and iron materials permanently incorporated in this project shall be domestic products and all manufacturing and coating processes for these materials from smelting forward in the manufacturing process must have occurred within the United States. Coating includes epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of a material subject to the requirements of Buy America. The exemption of this requirement is the minimal use of foreign materials if the total cost of such material permanently incorporated in the product does not exceed one-tenth of one percent (1/10 of 1%) of the total contract cost or $2,500.00, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the subject products as they are delivered to the project. The contractor shall take actions and provide documentation conforming to CMM 2-28.5 to ensure compliance with this “Buy America” provision.
http://wisconsindot.gov/rdwy/cmm/cm-02-28.pdf
Upon completion of the project certify to the engineer, in writing using department form WS4567, that all steel, iron, and coating processes for steel or iron incorporated into the contract work conform to these "Buy America" provisions. Attach a list of exemptions and their associated costs to the certification form. Department form WS4567 is available at:
http://wisconsindot.gov/hcciDocs/contracting-info/ws4567.doc
1 of 1 BUY AMERICA CERTIFICATION Wisconsin Department of Transportation DT4567 9/2020
Project ID: Highway: County: Name of Road/Project: Prime Contractor: Address: Contact Person: Phone: DOT Project Manager: Project Engineer:
The undersigned certifies that only domestic steel and iron was permanently incorporated into the construction portion of the project.
To be considered domestic, all steel and iron used and all products manufactured from steel and iron must be produced in the United States. This includes smelting, coating, bending, shaping, and all other manufacturing processes performed on the product. Coating includes all processes which protect or enhance the value of the material to which the coating is applied.
This requirement does not preclude a minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1 percent of the contract price or $2500 whichever is greater. Attached to this certification are invoices and other available documentation substantiating a claimed exemption.
Signature (prime contractor representative)
Typed or Printed Name
Title
Date
Effective July 2021 Bid Letting ASP-3
ADDITIONAL SPECIAL PROVISION 3
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM IMPLEMENTATION
Authority Wisconsin Department of Transportation (WisDOT) is a recipient of funds from the US Department of Transportation’s Federal Highway Administration. The DBE program is a federal program applicable on all contracts administered by WisDOT that include federal-aid highway funds. The authority for the DBE program is the Transportation Bill as approved by Congress periodically. DBE program guidance and requirements are outlined in the Code of Federal Regulations at 49 CFR Part 26. This contract is subject to DBE provisions because it is financed with federal-aid-highway funds. Additionally, this contract is subject to the State of Wisconsin Standard Specifications for Highway and Structure Construction and all applicable contract documents.
Requirements Pursuant to the federal DBE program regulation at 49 CFR Part 26, a contractor’s failure to comply with any provision of the DBE program regulatory provisions will be considered a material breach of contract. This is nonnegotiable.
If a contractor fails to carry out the DBE program requirements and/or the Required Contract Provisions for Federal Aid Contracts (FHWA 1273) referenced in this document, sanctions will be assessed depending upon the facts, reasoning, severity, and remedial efforts of the contractor that may include: termination of contract, withholding payment, assessment of monetary sanctions, and/or suspension/debarment proceedings that could result in the disqualification of the contractor from bidding for a designated period of time.
(1) At time of bid, ALL prime contractors must submit DBE Commitments on projects with DBE goals, The submittal of the DBE Commitments includes the DT1506 (Commitment to Subcontract to DBE), which can be attached as a PDF or entered digitally into the bid submittal and Attachments A OR quotes from all DBEs included on the Commitment. The prime contractor must submit a signed Attachment A via eSubmit (preferred) or the DBE Alert email box within 24-hours of the bid closing for all quotes submitted at the time of bid. If the assigned DBE contract goal is not met, Form DT1202 (Documentation of Good Faith Effort) and all supplemental DT1202 documentation is due within 24-hours of bid closing. Any change to DBE Commitments thereafter must follow modification of DBE subcontracting commitment (Section 9).
(2) The Department requires this list of DBE subcontractors from all bidders at time of bid to ensure the lowest possible cost to taxpayers and fairness to other bidders and subcontractors. Bid shopping is prohibited.
(3) The contractor must utilize the specific DBE firms listed in the approved DBE Commitment to perform the work and/or supply the materials for which the DBE firm is listed unless the contractor obtains written consent in advance from WisDOT. The contractor will not be entitled to payment for any work or materials on the approved DBE Commitment that is not performed or supplied by the listed DBE without WisDOT’s written consent.
Description The Wisconsin Department of Transportation is committed to the compliant administration of the DBE Program. The DBE provisions work in tandem with FHWA 1273 and WisDOT’s Standard Specifications for Highway and Structure Construction and Construction and Materials Manual. The WisDOT Secretary is signatory to assurances of department-wide compliance.
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The Department assigns the contract DBE goal as a percentage of work items that could be performed by certified DBE firms on the contract. The assigned DBE goal is expressed on the bid proposal as a percentage applicable to the total contract bid amount. (1) WisDOT identifies the assigned DBE goal in its contract advertisements and posts the contract DBE goal on the cover of the bidding proposal. The contractor can meet the assigned contract DBE goal by subcontracting work to a DBE firm or by procuring services or materials from a DBE firm.
(2) Under the contract, the prime contractor should inform, advise, and develop participating DBE firms to be more knowledgeable contractors who are prepared to successfully complete their contractual agreement through the proactive provision of assistance in the following areas: § Produce accurate and complete quotes § Understand highway plans applicable to their work § Understand specifications and contract requirements applicable to their work § Understand contracting reporting requirements
(3) The Department encourages contractors to assist DBE subcontractors more formally by participating in WisDOT’s Business Development program as a mentor, coach, or resource. For comprehensive information on the Disadvantaged Business Enterprise Program, visit the Department's Civil Rights and Compliance Section website at: http://wisconsindot.gov/Pages/doing-bus/civil-rights/dbe/default.aspx
1. Definitions
Interpret these terms, used throughout this additional special provision, as follows:
a. Assigned DBE Contract Goal: The percentage shown on the cover of the Highway Work Proposal that represents the feasible level of DBE participation for each contract. The goal is calculated using the Engineer’s Estimate and DBE Interest Report. Goal assignment includes review of FHWA funds, analyzes bid items for subcontract opportunity and compatibility with DBE certified firm work codes. Additional factors considered include proximity, proportion, and regulations.
b. Bid Shopping: In construction law, bid shopping is the practice of divulging a subcontractor’s bid to another prospective contractor(s) before or after the award of a contract to secure a lower bid.
c. DBE: Disadvantaged Business Enterprise – A for-profit small business concern where socially and economically disadvantaged individuals own at least a 51% interest and control management and daily business operations.
d. DBE Commitment: The DBE Commitment is identified in the Commitment to Subcontract to DBE (Form DT1506) and is expressed as the amount of DBE participation the prime contractor has secured. The DT1506, a contract document completed by the bidder, is required to be considered a responsive bidder on an FHWA-funded contract that has an assigned DBE goal. The prime contractor will have the option to submit the DT1506 digitally, as an entry with the bid in Bid Express, or as an attachment to the bid.
e. DBE Utilization: The actual participation of a DBE subcontractor on a project. WisDOT verifies DBE utilization through review of the DBE Commitment, payments to subcontractors, and contract documentation. The Prime Contractor receives DBE credit for payments made to the DBE firms performing the work listed on the approved DBE Commitment, and those submitted after approved commitment with Attachment A.
f. Good Faith Effort: Legal term describing a diligent and honest effort taken by a reasonable person under the same set of facts or circumstances. For DBE subcontracting, the bidder must show that it took all necessary and reasonable steps to achieve the assigned DBE goal by the scope, intensity, and
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Effective July 2021 Bid Letting ASP-3
appropriateness of effort that could reasonably be expected for a contractor to obtain sufficient DBE participation.
g. Manufacturer: A firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract.
h. Reasonable Price: Contractors are expected to assess reasonable price by analyzing the contract scope for DBE subcontract feasibility and comparing common line items in DBE and non-DBE subcontract quotes for the same work. Per federal regulation, reasonable price is not necessarily the lowest price. i. Supplier: A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles, or equipment required under the contract are bought, kept in stock, and regularly sold or leased to the public.
j. Tied quote: Subcontractor quote that groups multiple bid/line items at a bundled/package price with a notation that the items within the quote will not be separated.
2. WisDOT DBE Program Compliance
a. Documentation Submittal
The Commitment to Subcontract to DBE (Form DT1506 or digital submittal), Attachments A OR quotes from all DBEs included in the Commitment will be submitted at bid by ALL prime contractors. If the assigned DBE contract goal is not met, Documentation of Good Faith Effort (Form DT1202) must be submitted within 24- hours of bid closing. Supplemental DT1202 documentation and signed Attachments A from DBEs included in the DBE Commitment are also due within 24-hours of bid closing. Form DT1202, supporting GFE documentation, and signed Attachments A, not submitted at the time of bid, must be submitted through eSubmit (preferred) or to the DBE Alert email box.
**Bidders have the option of submitting the DBE Commitment at the time of bid via direct entry through Bid Express OR with attachment of Form DT1506 (Commitment to Subcontract to DBE). The DBE Commitment entered with bid is the digital form of the DT1506. Separate submission of Form DT1506 is not required if the DBE Commitment is entered in Bid Express. Form DT1202, if applicable, is no longer required to be submitted at time of bid; submit DT1202 within the 24-hour supplemental time frame following bid closing.
Naming conventions: Follow eSubmit instructions, OR when emailing files, use the following language to identify your submission- “Project #, Proposal #, Let date, Business Name, GFE” and “Project #, Proposal #, Let date, Business Name, Attachment A” Email: [email protected]
The DBE Office will not certify Good Faith Effort and the Bureau of Project Development will consider the bid nonresponsive if the contractor fails to furnish the DBE Commitment (digitally entered into the bid OR Form DT1506 as an attachment), Attachments A, and Form DT1202 if applicable, as required. See sample forms in the Appendix.
b. Verification of DBE Commitment
The documentation related to DBE subcontract commitment submitted prior to contract award is evaluated as follows:
(1) DBE Goal Met If the bidder indicates that the contract DBE goal is met, the Department will evaluate the DBE Commitment submitted with bid OR Form DT1506, and Attachments A to verify the actual DBE 3
Effective July 2021 Bid Letting ASP-3
percentage calculation. If the DBE Commitment is verified, the contract is eligible for award with respect to the DBE Commitment.
(2) DBE Goal Not Met a) If the bidder indicates a bid percentage on the DBE Commitment that does not meet the assigned DBE contract goal, the bidder must request alternative evaluation of good faith effort through submission of Form DT1202 (Documentation of Good Faith Effort) within 24-hours of bid including narrative description. Supplementary documentation of good faith effort that supports the DT1202 submission is also due within 24-hours of bid submission and prior to bid posting. The Department will review the bidder's DBE Commitment and evaluate the bidder's good faith efforts submission. b) Following evaluation of the bidder's Good Faith Effort documentation the bidder will be notified that the Department intends to: 1. Approve the request (adequate documentation of GFE has been submitted)- no conditions placed on the contract with respect to the DBE Commitment; 2. Deny the request (inadequate documentation of GFE has been submitted)- the contract is viewed as non-responsive per Wisconsin Standard Specifications for Highway and Structure Construction and will not be executed. c) If the Department denies the bidder’s request, the contract is ineligible for award. The Department will provide a written explanation for denying the request to the bidder. The bidder may appeal the Department's denial (see Section 4).
Supplemental good faith effort documentation must be submitted through eSubmit (preferred) OR to the DBE Office by email at: [email protected]. Email naming convention: “Project #, Proposal #, Let date, Business Name, GFE”
3. Department's Criteria for Good Faith Effort Documentation
The Federal-aid Construction Contract Provision, referenced as FHWA-1273, explicitly states that the prime contractor shall be responsible for all work performed on the contract by piecework, station work, or subcontract. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of the contract including assurances of equal employment opportunity laws, DBE regulations, and affirmative action. Compliance encompasses responsible and responsive action, documentation, and good faith effort.
Contractually, all contractors, subcontractors, and service providers on the contract are bound by FHWA 1273 and DBE program provisions. Prime contractors should encourage subcontractors to utilize DBE firms whenever possible to contribute to the assigned DBE contract goal.
Bidders are required to document good faith effort. Per 49 CFR Part 26.53, good faith effort is demonstrated in one of two ways. The bidder: (1) Documents that it has obtained enough DBE participation to meet the goal; OR (2) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed
Appendix A of 49 CFR Part 26 provides guidance concerning good faith efforts. WisDOT evaluates good faith effort on a contract basis just as each contract award is evaluated individually.
The efforts employed by the bidder should be those that WisDOT can reasonably expect a bidder to take to actively and aggressively obtain DBE participation sufficient to meet the DBE contract goal. The Department will only approve demonstration of good faith effort if the bidder documents the quality, quantity, and intensity of the variety of activities undertaken that are commensurate with expected efforts to meet the stated goal.
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Effective July 2021 Bid Letting ASP-3
The Department, in conjunction with industry stakeholders, has developed the following guidance for contractor good faith effort activity. The guidance and the attached appendices provide a framework for the actions required by all parties in the processing and evaluation of bidder’s total efforts to achieve the project specific DBE goal prior to the bid letting date.
a. Solicitation Guidance for Prime Contractors: (1) Document all efforts and decisions made toward achieving the DBE goal on the contract. The bidder should use WisDOT-approved DBE outreach tools, including the UCP DBE Directory and the Bid Express Small Business Network to foster DBE participation on all applicable contracts. (2) As needed, request assistance with DBE outreach and follow-up by contacting the Department's DBE Support Services Office by phone or email request at least 14 days prior to the bid letting date. Phone numbers are (414) 438-4584 and/or (608) 267-3849; Fax: (414) 438-5392; E-mail: [email protected] (3) Participate in and document a substantive conversation with at least one DBE firm per Let, to discuss questions, concerns, and any other contract related matters that may be applicable to the DBE firm. Guidelines for this conversation are provided in Appendix A of ASP-3. (4) Request quotes by identifying potential items to subcontract and solicit. In their initial contacts, contractors are strongly encouraged to include a single page, detailed list of items for which they are accepting quotes, by project, within a letting. See attached sample entitled “Sample Contractor Solicitation Letter” in Appendix B. Prime contractors should also indicate a willingness to accept quotes in areas they are planning to perform themselves, as required by federal rules. In some cases, it might be appropriate to use DBE firms to do work in a prime contractor’s area of specialization. i. Solicit quotes from certified DBE firms who match possible items to subcontract using all reasonable and available means. Additionally, forward copies of solicitations highlighting the work areas for which quotes are being sought to [email protected] ii. Acceptable outreach tools include SBN (Small Business Network, see Appendix C): https://www.bidx.com/wi/main, postal mail, email, fax, and phone. a. Contractors must ask DBE firms for a response in their solicitations. See Sample Contractor Solicitation Letter, Appendix B. This letter may be included as an attachment to the sub-quote request. b. Solicit quotes at least 10 calendar days prior to the letting date to allow DBE firms sufficient time to respond. Prime contractors should contact DBE firms early, asking if they need help organizing their quote, assistance confirming equipment needs, or other assistance supporting their submission of a competitive quote for their services. c. A follow up solicitation should take place within 5 calendar days of the letting date. Email and/or SBN are the preferred method for the solicitation. iii. Upon request, provide interested DBE firms with adequate information about plans, specifications, and the requirements of the contract by letter, information session, email, phone call, and/or referral. iv. When potential exists, the contractor should advise interested DBE firms on how to obtain bonding, line of credit, or insurance if requested. v. Document DBE firm’s interest in quoting by taking appropriate steps to follow up initial solicitation with: a. Email to all prospective DBE firms in relevant work areas b. Phone call log to DBE firms who express interest via written response or call c. Fax/letter confirmation d. Signed copy of record of subcontractor outreach effort
b. Guidance for Evaluating DBE quotes (1) Quote evaluation practices required to evaluate DBE quotes: i. Reasonable Price: Contractors are expected to assess reasonable price by analyzing the contract scope for DBE subcontract feasibility and comparing common line items in DBE and 5
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non-DBE subcontract quotes for the same work. Per federal regulation, reasonable price is not necessarily the lowest price. See 49 CFR Part 26, Appendix A. IV.D(2). (2) Documentation submitted by the prime of the following evaluation is required to evaluate DBE quotes by contractors: i. Evaluation of DBE firm's ability to perform “possible items to subcontract” using legitimate reasons, including but not limited to, a discussion between the prime and DBE firm regarding its capabilities prior to the bid letting. If lack of capacity is the reason for not utilizing the DBE firm’s quote, the prime is required to contact the DBE by phone and email regarding their ability to perform the work indicated in the UCP directory listed as their work area by NAICS code. Only the work area indicated by the NAICS code(s) listed in the UCP directory can be counted toward DBE credit. Documentation of the conversation is required. a In striving to meet an assigned DBE contract goal, contractors are expected to use DBE quotes that are responsive and reasonable. This includes DBE quotes that are not the low quote. b Additional evaluation - Evaluation of DBE quotes with tied bid items. Typically, this type of quoting represents a cost saving but is not clearly stated as a discount. Tied quotes are usually presented as an ‘all or none’ quote. When non-DBE subcontractors submit tied bid items in their quotes, the DBE firm’s quote may not appear competitive. In such a case, the following steps are taken in comparing the relevant quotes. These are qualitative examples: i Compare bid items common to both quotes, noting the reasonableness in the price comparison. ii Review quotes from other firms for the bid items not quoted by the DBE firm to see if combining both can provide the same competitive advantage that the tied bid items offered.
See Appendix D – Good Faith Effort Evaluation Measures and Appendix E - Good Faith Effort Best Practices.
c. Requesting Good Faith Effort Evaluation At the time of bid- if the DBE goal is not met in full, the prime contractor must indicate they will file form DT1202- Documentation of Good Faith Effort within 24-hours of bid submission. Supplementary documentation of good faith effort that supports the DT1202 submission is also due within 24-hours of bid submission and prior to bid posting. Supporting documentation for the DT1202 is to include the following: (1) Solicitation Documentation: The names, addresses, email addresses, and telephone numbers of DBE firms contacted along with the dates of both initial and follow-up contact; electronic copies of all written solicitations to DBE firms. A printed copy of SBN solicitation is acceptable. (2) Selected Work Items Documentation: Identify economically feasible work units to be performed by DBEs to include activities such as: list of work items to be performed; breaking up of large work items into smaller tasks or quantities; flexible time frames for performance and delivery schedules. (3) Documentation of Project Information provided to interested DBEs: A description of information provided to the DBE firms regarding the plans, specifications, and estimated quantities for portions of the work to be performed by that DBE firm. (4) Documentation of Negotiation with Interested DBEs: Provide sufficient evidence to demonstrate that good faith negotiations took place. Merely sending out solicitations requesting bids from DBEs does not constitute sufficient good faith efforts. (5) Documentation of Sound Reasoning for Rejecting DBEs and copies of each quote received from a DBE firm and, if rejected, copies of quotes from non-DBEs for same items. (6) Documentation of Assistance to Interested DBEs- Bonding, Credit, Insurance, Equipment, Supplies/Materials (7) Documentation of outreach to Minority, Women, and Community Organizations and other DBE Business Development Support: Contact organizations and agencies for assistance in contacting, recruiting, and 6
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providing support to DBE subcontractors, suppliers, manufacturers, and truckers at least 14 days before bid opening. Participate in or host activities such as networking events, mentor-protégé programs, small business development workshops, and others consistent with DBE support.
Naming conventions: eSubmit (preferred) follow instructions OR when emailing files, use the following language to identify your submission- “Project #, Proposal #, Let date, Business Name, GFE” Email: [email protected]
If the Good Faith Effort documentation is deemed adequate, the request will be approved and the DBE office will promptly notify the Prime Contractor and Bureau of Project Development.
If the DBE Office denies the request, the Prime Contractor will receive written correspondence outlining the reasons. The Department encourages the Prime Contractor to communicate with DBE staff to clarify any questions related to meeting goals and/or contractor demonstration of good faith efforts.
If the contract is awarded, the Prime Contractor must obtain written consent from the DBE Office to change or replace any DBE firm listed on the approved DBE Commitment. No contractor, prime or subsequent tier, shall be paid for completing work assigned to a DBE subcontractor on an approved DBE Commitment unless WisDOT has granted permission for the reduction, replacement, or termination of the assigned DBE in writing. If a prime contractor or a subcontractor on any tier uses its own forces to perform work assigned to a DBE on an approved DBE Commitment, they will not be paid for the work. Any changes to DBE Commitment after the approval of the DBE Commitment must be reviewed and approved by the DBE Office prior to the change (see Section 9).
4. Bidder's Documentation of Good Faith Effort Evaluation Request Appeal Process
A bidder can appeal the Department's decision to deny the bidder’s demonstration of Good Faith Effort through Administrative Reconsideration. The bidder must provide a written justification refuting the specific reasons for denial as stated in the Department's denial notice. The bidder may meet in person with the Department if so requested. Failure to appeal within 5 business days after receiving the Department's written notice denying the request constitutes a forfeiture of the bidder's right of appeal. Receipt of appeal is confirmed by email date stamp or certified mail signed by WisDOT staff. A contract will not be executed without documentation that the DBE provisions have been fulfilled.
The Department will appoint a representative who did not participate in the original good faith effort determination, to assess the bidder's appeal. The Department will issue a written decision within 5 business days after the bidder presents all written and oral information. In that written decision, the Department will explain the basis for finding that the bidder did or did not demonstrate an adequate good faith effort to meet the contract DBE goal. The Department's decision is final.
5. Determining DBE Eligibility
Directory of DBE firms
a. The only resource for DBE firms certified in the State of Wisconsin is the Wisconsin Unified Certification Program (UCP) DBE Directory. WisDOT maintains a current list of certified DBE firms at: http://wisconsindot.gov/Documents/doing-bus/civil-rights/dbe/dbe-ucp-directory.xlsx
b. The DBE Program office is available to assist with contracting DBE firms:(608) 267-3849.
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c. DBE firms are certified based on various factors including the federal standards from the Small Business Administration that assigns a North American Industrial Classification (NAICS) Codes. DBE firms are only eligible for credit when performing work in their assigned NAICS code(s). If a DBE subcontractor performs work that is not with its assigned NAICS code, the prime contractor should contact the DBE Office to inquire about compatibility with the Business Development Program.
6. Counting DBE Participation
Assessing DBE Work
The Department will only count the DBE usage towards the contract DBE goal if the DBE firm is certified as a DBE by one of the UCP agencies. The Department only counts the value of the work a DBE actually performs towards the DBE goal. The Department assesses the DBE work as follows:
a. The Department counts work performed by the DBE firm’s own resources. The Department includes the cost of materials and supplies the DBE firm obtains for the work. The Department also includes the cost of equipment the DBE firm leases for the work. The Department will not include the cost of materials, supplies, or equipment the DBE firm purchases or leases from the prime contractor or its affiliate, with the exception of non-project specific leases the DBE has in place before the work is advertised.
b. The Department counts fees and commissions the DBE subcontractor charges for providing bona fide professional, technical, consultant, or managerial services. The Department also counts fees and commissions the DBE charges for providing bonds or insurance. The Department will only count costs the program engineer deems reasonable based on experience or prevailing market rates.
c. If a DBE firm subcontracts work, the Department counts the value of the work subcontracted to a DBE subcontractor.
d. The contractor will maintain records and may be required to furnish periodic reports documenting its performance under this item.
e. It is the Prime Contractor’s responsibility to determine whether the work that is committed and/or contracted to a DBE firm can be counted for DBE credit by referencing the work type and NAICS code listed for the DBE firm on the Wisconsin UCP DBE Directory.
f. It is the Prime Contractor’s responsibility to assess the DBE firm’s ability to perform the work for which it is committing/contracting the DBE to do. Note that the Department encourages the Prime Contractor to assist and develop DBE firms to become fully knowledgeable contractors to successfully perform on its contracts.
g. The Prime Contractor will inform the DBE office via email of all DBE subcontractors added to the project following execution of the contract. The Prime Contractor may omit submission of another form DT1506, but must submit signed Attachment A forms for additional DBE firms.
h. See Section 7 for DBE credit evaluation for Trucking and Section 8 for DBE credit evaluation for Manufacturers, Suppliers, and Brokers
Naming conventions: When emailing files, please use the following language to identify your submission- “Project #, Proposal #, Let date, Business Name, Attachment A” Email: [email protected]
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*Note: A sublet request is required for DBE work, regardless of subcontract tier, and also for reporting materials or supplies furnished by a DBE. · Sublet Requests via form DT1925 or WS1925 are required for 1st Tier DBEs · For all 2nd Tier and below notification of DBE sublet is indicated by the contractor entering them in CRCS
7. Credit Evaluation for Trucking
All bidders are expected to adhere to the Department’s current trucking policy posted on the HCCI website at: http://wisconsindot.gov/Documents/doing-bus/civil-rights/dbe/trucking-utilization-policy.pdf
The prime contractor is responsible for ensuring that all subcontractors including trucking firms, receive Form FHWA 1273: https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf
See Section 8 for Broker credit.
8. Credit Evaluation for Manufacturers, Suppliers, Brokers
The Department will calculate the amount of DBE credit awarded to a prime using a DBE firm for the provisions of materials and supplies on a contract-by-contract basis. The Department will count the material and supplies that a DBE firm provides under the contract for DBE credit based on whether the DBE firm is a manufacturer, supplier, or broker. Generally, DBE credit is determined through evaluation of the DBE owner’s role, responsibility, and contribution to the transaction. Maximum DBE credit is awarded when the DBE firm manufactures materials or supplies. DBE credit decreases when the DBE firm solely supplies materials, and minimal credit is allotted when the DBE firm’s role is administrative or transactional. It is the bidder’s responsibility to confirm that the DBE firm is considered a supplier or a manufacturer before listing them on Commitment to Subcontract to DBE form DT1506 or DBE Commitment submitted with the bid.
a. Manufacturers (1) A manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. (2) If the materials or supplies are obtained from a DBE manufacturer, 100% percent of the cost of the materials or supplies counts toward DBE goals.
b. Regular Dealers of Material and/or Supplies (1) Supplies purchased in bulk from DBE firms at the beginning of the season may be credited to current contracts if submitted with appropriate documentation to the DBE office. (2) A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. (3) If the materials or supplies are purchased from a DBE regular dealer, count 60% percent of the cost of the materials or supplies toward DBE goals. (4) At a minimum, a regular dealer must meet the following criteria to be counted for DBE credit: i. The DBE firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. ii. The DBE firm must both own and operate distribution equipment for the product--bulk items such as petroleum products, steel, cement, gravel, stone, or asphalt. If some of the distribution equipment is leased, the lease agreement must accompany the DBE Commitment form for evaluation of the dealer’s control before the DBE office approves the DBE credit. 9
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(5) When DBE suppliers are contracted, additional documentation must accompany the DBE Commitment and Attachment A forms. An invoice or bill-of-sale that includes names of the bidder and the DBE supplier, along with documentation of the calculations used as the basis for the purchase agreement, subcontract, or invoice. WisDOT recognizes that the amount on the Attachment A form may be more or less than the amount on the invoice per b.(1) above. i. The bidder should respond to the following questions and include with submission of form DT1506 or the DBE Commitment entered with bid: a. What is the product or material? b. Is this item in the prime’s inventory or was the item purchased when contract was awarded? c. Which contract line items were referenced to develop this quote? d. What is the amount of material or product used on the project?
c. Brokers, Transaction Expediters, Packagers, Manufacturers’ Representatives (1) No portion of the cost of the materials, supplies, services themselves will count for DBE credit. However, WisDOT will evaluate the fees or commissions charged when a prime purchases materials, supplies, or services from a DBE certified firm which is neither a manufacturer nor a regular dealer, namely: brokers, packagers, manufacturers’ representatives, or other persons who arrange or expedite transactions. (2) Brokerage fees are calculated as 10% of the purchase amount. (3) WisDOT may count the amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees, or transportation charges for the delivery of materials or supplies required on a job site. (4) Evaluation of DBE credit includes review of the contract need for the item/service, the sub-contract or invoice for the item/service, and a comparison of the fees customarily allowed for similar services to determine whether they are reasonable.
9. DBE Commitment Modification Policy (Formerly “DBE Replacement Policy”)
a. Issuing a Contract Change Order Any changes or modifications to the contract once executed are considered contract modifications and as such require a change order. In addition, the DBE office must provide consent for reduction, termination, or replacement of subcontractors approved on the DBE Commitment in advance of the modification for the prime contractor to receive payment for work or supplies. Additions to the DBE Commitment do not require advance notification of the DBE office. (see below e. DBE Utilization beyond the approved DBE Commitment)
b. Contractor Considerations (1) A prime contractor cannot modify the DBE Commitment through reduction in participation, termination, or replacement of a DBE subcontractor listed on the approved DBE Commitment without prior written consent from the DBE Office. This includes, but is not limited to, instances in which a prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. (2) If a prime contractor reduces participation, replaces, or terminates a DBE subcontractor who has been approved for DBE credit toward its contract, the prime is required to provide documentation supporting its inability to fulfill the contractual commitment made to the Department regarding the DBE utilization. (3) The Prime Contractor is required to demonstrate efforts to find another DBE subcontractor to perform at least the same amount of work under the contract as the DBE subcontractor that was terminated, to the extent needed to meet the assigned DBE contract goal.When additional opportunity is available by contract modifications, the Prime Contractor must utilize DBE subcontractors that were committed to equal work items, in the original contract.
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(4) In circumstances when a DBE subcontractor fails to complete its work on the contract for any reason, or is terminated from a contract, the Prime Contractor must undertake efforts to maintain its commitment to the assigned DBE goal. (5) The DBE subcontractor should communicate with the Prime Contractor regarding its schedule and capacity in the context of the contract. If the DBE firm anticipates that it cannot fulfill its subcontract, they will advise the Prime Contractor and suggest a DBE subcontractor that may replace their services and provide written consent to be released from its subcontract. i. Before the Prime Contractor can request modification to the approved DBE Commitment, the Prime Contractor must: a. Make every effort to fulfill the DBE Commitment by working with the listed DBE subcontractor to ensure that the firm is fully knowledgeable of the Prime Contractor’s expectations for successful performance on the contract. Document these efforts in writing. b. If those efforts fail, provide written notice to the DBE subcontractor of the Prime Contractor’s intent to request to modify the Commitment through reduction in participation, termination, and/or replacement of the subcontractor including the reason(s) for pursuing this action. c. Copy the DBE Office on all correspondence related to changing a DBE subcontractor who has been approved for DBE credit on a contract, including preparation and coordination efforts. d. Clearly state the amount of time the DBE firm has to remedy and/or respond to the notice of intent to replace/terminate. The DBE must be allowed five days from the date notice was received as indicated by email time stamp or signed certified mail, to respond, in writing. EXCEPTION: The Prime Contractor must provide a verifiable reason for a response period shorter than five days. For example, a WisDOT project engineer or project manager confirms that WisDOT has eliminated an item the DBE subcontractor was contracted for. e. The DBE subcontractor must acknowledge the contract modification with written response to the Prime Contractor and the DBE Office. If objecting to the subcontract modification, the DBE subcontractor must outline the basis for objection to the proposed modification, providing sound reasoning for WisDOT to reject the prime’s request.
c. Request to Modify DBE Subcontracting Commitment The written request referenced above may be delivered by email or fax. The request must contain the following: 1. Project ID number 2. WisDOT Contract Project Engineer’s name and contact information 3. DBE subcontractor name and work type and/or NAICS code 4. Contract’s progress schedule 5. Reason(s) for requesting that the DBE subcontractor be replaced or terminated 6. Attach/include all communication with the DBE subcontractor to deploy/address/resolve work completion
Naming conventions: When emailing files, please use the following language to identify your submission- “Project #, Proposal #, Let date, Business Name, MODIFICATION” Email: [email protected] + Project Engineer
WisDOT will review the request and any supporting documentation submitted to evaluate if the circumstance and the reasons constitute good cause for replacing or terminating the approved DBE subcontractor.
Good Causes to Replace a DBE subcontractor according to the federal DBE program guidelines {49 CFR part 26.53} • The listed DBE subcontractor fails or refuses to execute a written contract
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• The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor • The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements • The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness • The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215, and 1,200 or applicable state law • The prime has determined that the listed DBE subcontractor is not a responsible contractor • The listed DBE subcontractor voluntarily withdraws from the project and provides written notice of its withdrawal • The listed DBE subcontractor is ineligible to receive DBE credit for the type of work required • A DBE firm owner dies or becomes disabled with the result that the listed DBE subcontractor is unable to complete its work on the contract
d. Evaluation and Response to the Request WisDOT’s timely response to the Prime Contractor’s request for modification of the approved DBE Commitment will be provided to the prime and the WisDOT project engineer via email.
If WisDOT determines that the Prime Contractor’s basis for reduction in participation, replacement, or termination of the DBE subcontractor is not consistent with the good cause guidelines, the DBE office will provide a response via email within 48-hours of receipt of request from the Prime Contractor as indicated by email time stamp. The communication will include: the requirement to utilize the committed DBE, actions to support the completion of the contractual commitment, a list of available WisDOT support services, and administrative remedies, including withholding payment to the prime, that may be invoked for failure to comply with federal DBE guidelines for DBE replacement.
The WisDOT contact for all actions related to modification of the approved DBE Commitment is the DBE Program Engineer who can be reached at [email protected] or (414) 335-0413.
e. DBE Utilization beyond the approved DBE Commitment When the prime or a subcontractor increases the scope of work for an approved DBE subcontractor or adds a DBE subcontractor who was not on the approved form DT1506 or DBE Commitment submitted with bid at any time after contract execution, this is referred to as voluntary DBE contract goal achievement. The contractor must follow these steps to ensure that the participation is accurately credited toward the DBE goal:
(1) Forward a complete, signed Attachment A form to the DBE Office. A complete Attachment A includes DBE subcontractor contact information, signatures, subcontract value, and description of the work areas to be performed by the DBE. The DBE Office will verify the DBE participation and revise the DBE Commitment based on the email/discussion and the new Attachment A.
(2) When adding to an existing DBE Commitment, submit a new Attachment A to the DBE Alert mailbox
(3) OR Submit a final Attachment A to DBE Alert during the Finals Process when Compliance receives notice of “Substantially Complete” Naming conventions: When emailing files, please use the following language to identify your submission- “Project #, Proposal #, Let date, Business Name, New Attachment A” Email: [email protected]
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Special note on trucking · DBE truckers added to the sublets in CRCS will be approved without DBE credit (You will see a “N” in CRCS instead of “Y”) · Prime Contractors may enter a “place holder” e.g. $1000.00, for DBE Trucking in CRCS if the full amount of trucking is unknown for sublet purposes only · The hiring contractor may obtain the Attachment A with DBE signature included but the Prime Contractor must sign the Attachment A before submitting
10. Commercially Useful Function
a. Commercially Useful Function (CUF) is evaluated after the contract has been executed, while the DBE certified firm is performing contracted work items.
b. The Department uses Form DT1011, DBE Commercially Useful Function Review and Certification to evaluate if the DBE is performing a commercially useful function. WisDOT counts expenditures of a DBE toward the DBE goal only if the DBE is performing a commercially useful function on that contract.
c. A DBE firm is performing a commercially useful function if the following conditions are met: (1) For contract work, the DBE is responsible for executing a distinct portion of the work and is carrying out its responsibilities by actually performing, managing, and supervising that work. (2) For materials and supplies, the DBE is responsible for negotiating price, determining quality and quantity, ordering, and paying for those materials and supplies.
11. Credit Evaluation for DBE Primes
WisDOT calculates DBE credit based on the amount and type of work performed by DBE certified firms for work submitted with required documentation. If the prime contractor is a DBE certified firm, the Department will only count the work that the DBE prime performs with its own forces for DBE neutral credit. The Department will also calculate DBE credit for work performed by any other DBE certified subcontractor, DBE certified supplier, and DBE certified manufacturer on the contract in each firm’s approved NAICS code/work areas that are submitted with required documentation. Crediting for manufacturers and suppliers is calculated consistent with Section 8 of this document and 49 CFR Part 26.
12. Joint Venture
If a DBE performs as a participant in a joint venture, the Department will only count the portion of the total dollar value of the contract equal to the portion of the work that the DBE performs with its own forces, for DBE credit.
13. Mentor-Protégé
a. If a DBE performs as a participant in a mentor-protégé agreement, the Department will credit the portion of the work performed by the DBE protégé firm.
b. DBE credit is evaluated and confirmed by the DBE Office for any contracts on which the mentor-protégé team identifies itself to the DBE Office as a current participant of the Mentor-Protégé Program.
c. Refer to WisDOT’s Mentor-Protégé guidelines for guidance on the number of contracts and amount of DBE credit allowed on WisDOT projects.
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14. Use of Joint Checks
The use of joint checks is allowable if it is a commonly recognized business practice in the material industry. A joint check is defined as a two-party check between a DBE subcontractor, a prime contractor, and the regular dealer or materials supplier who is neither the prime nor an affiliate of the prime. Typically, the prime contractor issues one check as payor to the DBE subcontractor and to the supplier jointly (to guarantee payment to the supplier) as payment for the material/supplies used by the DBE firm in cases where the DBE subcontractor and materials have been approved for DBE credit. The DBE subcontractor gains the opportunity to establish a direct contracting relationship with the supplier to potentially facilitate a business rapport that results in a line of credit or increased partnering opportunities.
The cost of material and supplies purchased by the DBE firm is part of the value of work performed by the DBE to be counted toward the goal. To receive credit, the DBE firm must be responsible for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and "paying for the material itself." See 49 CFR 26.55(c)(1).
The approval to use joint checks constitutes a commitment to provide further information to WisDOT, upon request by staff. WisDOT will allow the use of joint checks when the following conditions are met:
a. The Prime Contractor must request permission to use joint checks from the DBE Office by submitting the Application to Use Joint Checks. (1) Request should be made when the DBE Commitment or the Request to Sublet is submitted; the request will not be considered if submitted after the DBE Subcontractor starts its work. (2) Approval/Permission must be granted prior to the issuance of any joint checks. (3) The payment schedule for the supplier must be presented to the DBE office before the first check is issued. (4) The joint check for supplies must be strictly for the cost of approved supplies.
b. The DBE subcontractor is responsible for furnishing and/or installing the material/work item and is not an ‘extra participant’ in the transaction. The DBE firm’s role in the transaction cannot be limited solely to signing the check(s) to release payment to the material supplier. At a minimum, the DBE subcontractor’s tasks should include the following: (1) The DBE subcontractor (not the prime/payor) negotiates the quantities, price, and delivery of materials. (2) The DBE subcontractor consents to sign/release the check to the supplier by signing the Application to Use Joint Checks after establishing the conditions and documentation of payment within the subcontract terms or in a separate written document.
c. The Prime contractor/payor acts solely as a guarantor. (1) The Prime Contractor agrees to furnish the check used for the payment of materials/supplies under the contract. (2) The prime contractor/payor cannot require the subcontractor to use a specific supplier or the prime contractor’s negotiated unit price.
15. Payment
Costs for conforming to this Additional Special Provision (ASP) and any associated DBE requirements are incidental to the contract.
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Appendix A Substantive Conversation Guidelines
The substantive conversation is critical to all bidders’ demonstration of good faith effort to meet the DBE goal prior to bid opening. Relationship building between primes and subcontractors is crucial to DBE goal attainment. Responsible bidders seek to build rapport with potential DBE subcontractors to understand capacity, areas of expertise, and assess contracting feasibility. Bidders who compete for WisDOT contracts are specialty contractors responding to a growing and changing contract environment. Just as these specialists are responsible for care of the roads, they are likewise responsible for contributing to the health of the industry. The substantive conversation drives collaboration that will build industry health and capacity. The following is intended to provide guidance for such discussions but is not an exhaustive list. Contractors are encouraged to incorporate their existing strategies for cultivating business relationships as well.
Prior to Bid Opening- this discussion should happen as early as possible (WisDOT advertisements are released 5 weeks prior to each Let) · Determine DBE subcontractor’s interest in quoting · If response indicates inexperience with quoting- offer support/assistance to the DBE in understanding the industry including fundamentals a subcontractor needs to know, required reading and/or resources. · Assess their interest and experience in the road construction industry by asking questions such as: 1. Have you competed for other WisDOT contracts? Ratio of competed/to wins 2. Have you performed on any transportation industry contracts (locally or with other states)? 3. What the largest contract you’ve completed? 4. Have you worked in the industry: apprentice, journeyman, safety, inspection etc.? 5. Does this project fit into your schedule? Are you working on any contracts now? 6. Have you reviewed a copy of the plans? Are you comfortable performing within the scope and quantity considerations of this contract? 7. What region do you work in? Home base? 8. Which line items are you considering? 9. Have you read/are you familiar with WisDOT Standard Specifications? Construction Material Manual? 10. Do you understand where your work fits in the project schedule, project phases?
Following Bid Opening- this discussion can happen at any time 1. After reviewing their quote, note the following in your discussion: · Does the quote look complete? Irregular? · Are there errors in the quote? Are items very high or very low? · In general, does the quote look competitive? 2. Questions and Advice for the bidder to share with the potential DBE subcontractor: · What line items would typically be in a competitive quote for a subcontractor of their specialty? · How many employees and what is their role/experience/expertise in your firm? · Do you have resources for labor (union member, family-based, community-resourced) and capital (banking relationship, bond agent, CPA)? · Where have you worked: cities, states, government, commercial, residential/private sector, etc. Explain similarities or differences. · Refer them to reliable, trusted, industry resources that can educate or connect them to relevant resources, education/certification resources, more appropriate contract opportunities. · Discussion about prime contract and subcontract liability, critical path items, contract quantities, schedule risks, and potential profit/loss (for upcoming known projects or in general). · Discussion of bonding, insurance, and overall business risk considerations.
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APPENDIX B Sample Contractor Solicitation Letter Page 1 This sample is provided as a guide not a requirement
GFESAMPLE MEMORANDUM
TO: DBE FIRMS FROM: POTENTIAL PRIME CONTRACTOR OR MAJOR SUBCONTRACTOR SUBJECT: REQUEST FOR DBE QUOTES LET DATE & TIME DATE: MONTH DAY YEAR CC: DBE OFFICE ENGINEER
Our company is considering bidding on the projects indicated on the next page, as a prime and/or a subcontractor for the Wisconsin Department of Transportation Month- date -year Letting. Page 2 lists the projects and work items that we may subcontract for this letting. We are interested in obtaining subcontractor quotes for these projects and work categories. Also note that we are willing to accept quotes in areas we may be planning to perform ourselves as required by federal rules.
Please review page 2, respond whether you plan to quote, highlight the projects and work items you are interested in performing and return it via fax or email within 3 days. Plans, specifications and addenda are available through WisDOT at the DBE Support Services office or at the Highway Construction Contract Information (HCCI) site at http://roadwaystandards.dot.wi.gov/hcci/
Your quote should include all of the costs required to complete the items you propose to perform including labor, equipment, material, and related bonding or insurance. The quote should note items that you are DBE certified to perform, tied items, and any special terms. Page 2, with the indicated projects and items you plan to quote, should be used as a cover sheet for your quote.
Please make every effort to have your quotes into our office by time deadline the prior to the letting date. Make sure the correct letting date, project ID and proposal number, unit price and extension are included in your quote. We prefer quotes be sent via SBN but prime’s alternatives are acceptable. Our office hours are include hours and days .
Please call our office as soon as possible prior to the letting if you need information/clarification to prepare your quote at contact number .
If you wish to discuss or evaluate your quote in more detail, contact us after the contract is awarded. Status of the contract can be checked at WisDOT’s HCCI site at http://roadwaystandards.dot.wi.gov/hcci/ All questions should be directed to:
Project Manager, John Doe, Phone: (000) 123-4567 Email: [email protected] Fax: (000) 123- 4657
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Sample Contractor Solicitation Letter Page 2 This sample is provided as a guide not a requirement REQUEST FOR QUOTE
Prime’s Name: Letting Date: Project ID:
Please check all that apply ¨ Yes, we will be quoting on the projects and items listed below ¨ No, we are not interested in quoting on the letting or its items referenced below ¨ Please take our name off your monthly DBE contact list ¨ We have questions about quoting this letting. Please have someone contact me at this number
Prime Contractor ‘s Contact Person: DBE Contractor Contact Person:
Phone: Phone: Fax: Fax: Email: Email:
Please circle the jobs and items you will be quoting below
Proposal No. 1 2 3 4 5 6 7 County
WORK DESCRIPTION:
Clearing and Grubbing X X X X X Dump Truck Hauling X X X X X Curb & Gutter/Sidewalk, Etc. X X X X X Erosion Control Items X X X X X Signs and Posts/Markers X X X X X Traffic Control X X X X X Electrical Work/Traffic Signals X X X X Pavement Marking X X X X X X Sawing Pavement X X X X X X QMP, Base X X X X X X Pipe Underdrain X X Beam Guard X X X X Concrete Staining X Trees/Shrubs X X
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Again please make every effort to have your quotes into our office by time deadline prior to the letting date.
We prefer quotes be sent via SBN but prime’s preferred alternatives are acceptable.
If there are further questions please direct them to the prime contractor’s contact person at phone number.
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Appendix C Small Business Network (SBN) Overview
The Small Business Network is a part of the Bid Express® service that was created to ensure that prime bidders have a centralized online location to find subs - including small and disadvantaged business enterprises (DBEs). It is available for prime bidders to use as part of their Basic Service subscription. Within the Small Business Network, Prime Contractors can:
1. Easily select proposals, work types and items: a. After adding applicable work types, select items that you wish to quote. Enter the sub-quote quantities and add comments, if desired. Adding or removing items and work types can be done quickly. If needed, you can save the sub-quote for later completion. 2. Create sub-quotes for the subcontracting community: a. Create sub-quotes with ease using the intuitive sub-quote creator. In seven short steps, you can rapidly create a custom sub-quote directed to all subcontractors that bid on the applicable work types. Steps include: provide contact information and sub-quote expiration date, select letting and proposal, add work types and items, specify terms and conditions, upload attachments, and select vendors. b. Create a sub-quote to send to subcontractors or suppliers that lists the items in a proposal that you want quoted c. Create an unlimited number of sub-quotes for items you want quoted, and optionally mark them as a DBE preferred request. d. Add attachments to sub-quotes. 3. View sub-quote requests & responses: a. After logging into the Bid Express service, you can quickly review all of your sub-quote requests and all unsolicited sub-quote requests from subcontractors. To simplify the Small Business Network home screen, sub-quote requests can be hidden with one click if they are not applicable. b. View or receive unsolicited sub-quotes that subcontractors have posted, complete with terms, conditions and pricing. 4. View Record of Subcontractor Outreach Effort: a. For each sub-quote produced, a Record of Subcontractor Outreach Effort is generated that shows the response statistics for a particular sub-quote. If accepted by the letting agency, this report may serve as proof of a “Good Faith” effort in reaching out to the DBE community. b. Easily locate pre-qualified and certified small and disadvantaged businesses. c. Advertise to small and disadvantaged businesses more efficiently and cost effectively. d. Document your interactions with subs/DBEs by producing an Outreach Report (may be accepted as proof of DBE outreach at the discretion of each agency).
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The Small Business Network is a part of the Bid Express® service that was created to ensure that small businesses have a centralized area to access information about upcoming projects. It can help small businesses learn more about opportunities, compete more effectively, network with other contractors and subcontractors, and win more jobs. DBE firms can:
1. View and reply to sub-quote requests from primes: a. After logging into the Bid Express service, you can quickly review all incoming sub-quote requests and all unsolicited sub-quotes created by your company. Receive notifications by selected work type. To simplify on the Small Business Network home screen, sub-quote requests can be filtered by work types relevant to your interests or hidden with one click if they are not applicable. 2. Select items when responding to sub-quote requests from primes: a. You have the freedom to choose and price any number of items when responding to a sub-quote request. Quantities can be modified, and per-item comments are also available. b. View requests for sub-quotes for work that primes have posted for projects they are bidding, add your pricing, terms, and conditions, and submit completed sub-quotes to the requesting primes. c. Add attachments to a sub-quote. 3. Create and send unsolicited sub-quotes to specific contractors: a. Create unsolicited sub-quotes with ease using the intuitive sub-quote creator. In eight short steps, you can rapidly create a custom sub-quote directed at any number of specific vendors of your choosing. Steps include: provide contact information and sub-quote expiration date, select letting and proposal, add work types and items, specify terms and conditions, upload attachments, and select vendors. 4. Easily select and price items for unsolicited sub-quotes: a. After adding applicable work types, select items that you wish to quote. The extended price calculates automatically, cutting out costly calculation errors. Comments can be provided on a per- item basis as well. b. Create an unsolicited sub-quote that lists the items from a proposal that you want to quote, include pricing, terms and conditions, and send it to selected prime/plan holder. c. Add attachments to a sub-quote. d. Add unsolicited work items to sub-quotes that you are responding to. 5. Easy Access to Valuable Information a. Receive a confirmation that your sub-quote was opened by a prime. b. View Bid Tab Analysis data from past bids, including the high, average and low prices of items. c. View important notices and publications from DOT targeted to small and disadvantaged businesses. 6. Accessing Small Business Network for WisDOT contracting opportunities a. If you are a contractor not yet subscribing to the Bid Express service, go to www.bidx.com and select “Order Bid Express.” The Small Business Network is a part of the Bid Express Basic Service. b. DBE firms can request a Bid Express Small Business Network Account at no cost by calling 414- 438-458
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APPENDIX D Good Faith Effort Evaluation Measures by categories referenced in DBE regulations Bidders must demonstrate that they took all necessary and reasonable steps to achieve the assigned DBE contract goal. For each contract, all bidders must submit documentation indicating the goal has been met or if falling short of meeting the assigned goal, must request a DBE Goal Waiver and document all efforts employed to secure DBE subcontractor participation on Form DT1202.
DBE staff analyze the bidder’s documented good faith efforts to determine if action taken was sufficient to meet the goal. Sufficiency is measured contract-by-contract. WisDOT evaluates active and aggressive efforts, quality, quantity, scope, intensity, and appropriateness of the bidder’s efforts as a scale of the principles of Good Faith outlined in 49 CFR Part 26, Appendix A. Additional emphasis is placed on the bidder’s demonstration of timely submission of documentation and communication with DBE subcontractors, and business development initiatives undertaken to support DBE firm growth.
The following is a sample of good faith effort activities that are rated according to the accompanying rubric. Contractors are encouraged to identify additional activities that align with their business type(s).
· Personal, tailored solicitation to firms that specialize in work types planned or desired for subcontracting · Follow up to initial solicitation via email or phone · Substantive conversation including topics such as contract liability, critical path work items, schedule risks, and potential profit/loss · SBN utilization including posting quotes · Review and response to DBE quotes including provision of information about plans, specifications, and requirements as applicable · Documentation requesting subcontractors support DBE goal by solicitation and inclusion of DBE subcontractor quotes · Responsive and timely submission of organized documentation · Analysis of number of DBE firms who do work types that you typically subcontract · Analysis of number of DBE firms who reside in geographical areas where prime seeks work · Analysis of firms who express interest in bidding/quoting including the number of firms who declined your solicitation · Reference check of DBE subcontractor work or training (documentation of questions and response required) · Number of different efforts undertaken to meet the assigned DBE goal as documented in accompanying Form DT1202 · Submission of all DBE quotes received matched with a variety of work to be performed by DBEs · Number and names of DBE firms provided written advice, or referral to industry-specific business development resources · Overall pattern of DBE utilization on all WisDOT contracts which may include contracting with municipalities · Documentation of resources expended to meet assigned DBE goal (#of hours, staff titles, average pay rate, actions taken) · Analysis of subcontractable work items to be completed by prime beyond prime contractor’s 30% · Risk analysis of work items that are typically in tied quotes that could be unbundled · List of contract work items in smallest economically feasible units, identifying schedule impact · Submission of a Gap Analysis identifying DBE skillset and/or industry needs · Staff training in EEO and Civil Rights laws as documented in training logs · Written Capacity Assessment completed with DBE firm documenting its ability to perform the work quoted · DBE engagement efforts beyond simple solicitation that include a substantive discussion, initiated as early in the acquisition process as possible (points added for each day prior to letting) · Outreach and marketing efforts with minority, women, and veteran-focused organizations at least 10 days prior to bid opening · Active involvement in WisDOT’s Business Development Program, TrANS training, facilitated networking efforts, workshops · Customized teaching/training efforts for future opportunities with DBE subcontractor, contract specific and/or annually · Introduction and reference provided for DBE subcontractor to a prime who has not previously contracted with the DBE firm · Prime utilization of a DBE subcontractor the prime has not contracted with previously
· Written referral/recommendation to bond/insurance agents, manufacturer, supplier · Documented efforts fostering DBE participation through administrative and/or technical assistance · Evidence of negotiation with the DBE firm about current and future Let opportunities · Recommendation of local and state services that support small business and access to opportunity: DOA, SBA, WEDC, WPI, etc. · Advice on bonding, lines of credit, or insurance as required to complete the items quoted and contract requirements 21
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GFE EVALUATION RUBRIC – PHASE 1
Active & Quality Quantity Scope & Timing Business Total= Aggressive Category Category Intensity Category Develop’t Category Category Efforts Solicitation Documentation
Selected Work Items Documentation
Documentation of Project Information provided to Interested DBEs
Documentation of Negotiation with Interested DBEs
Documentation of Sound Reason for Rejecting DBEs
Documentation of Assistance to Interested DBEs- bonding, credit, insurance, equipment, supplies/materials Documentation of Outreach to Minority, Women, and Community organizations and other DBE Business Development Support Documentation of other GFE activities
Overall Total=
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GFE EVALUATION RATING LEGEND – PHASE 1 – Initial Review
ACTIVE & AGGRESSIVE: Demonstrated through engaged and assertive activity QUALITY: Demonstrated through essential character of conscientious and serious activity QUANTITY: Demonstrated through a measurable number of activities SCOPE & INTENSITY: Demonstrated through a rigorous approach to an appropriate and purposeful range of activities TIMING: Demonstrated through engagement efforts beyond simple solicitation, initiated early in the process BUSINESS DEVELOPMENT INITIATIVES: Demonstrated by efforts to support business growth and health of DBEs
Rating Scale
· Each qualifying activity is worth 5 points per Category o Pro Forma efforts= 0-50 points Perfunctory effort characterized by routine or superficial activities o Bona Fide= 55+ points Genuine effort characterized by sincere and earnest activities
GFE EVALUATION – PHASE 2 – Team Review
DBE Office completes:
· Review of quote comparisons submitted by Prime · Bid analysis to confirm if any bid submitted met the DBE goal · Review average of other bidders DBE goal achievement · Team review of combined efforts documented in Phase 1 and 2 by apparent low bidder
Excerpt from Appendix A to 49 CFR Part 26:
V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in §26.53(b)(2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher; and contact the DBEs listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone sufficient to satisfy good faith efforts under the rule.
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APPENDIX E Good Faith Effort Best Practices
This list is not a set of requirements; it is a list of potential strategies
Primes Ø Prime contractor open houses inviting DBE firms to see the bid “war room” or providing technical assistance. Ø Participate in speed networking and mosaic exercises as arranged by DBE office. Ø Host information sessions not directly associated with a bid letting. Ø Participate in a formal mentor protégé or joint venture with a DBE firm. Ø Participate in WisDOT advisory committees i.e. TRANSAC, or Mega Project committee meetings. Ø Facilitate a small group DBE ‘training session’ clarifying how your firm prepares for bid letting, evaluates subcontractors, preferred qualifications, and communication methods. Ø Encourage subcontractors to solicit and highlight DBE participation in their quotes to you. Ø Quality of communication, not quantity creates the best results. Contractors should be thorough in communicating with DBE firms before the bid and provide any assistance requested to assure best possible bid.
DBE Ø DBE firms should contact primes as soon as possible with questions regarding their quotes or bid; seven days prior is optimal. Ø Continually check for contract addendums on the HCCI website through the Thursday prior to letting to stay abreast of changes. Ø Review the status of contracts on the HCCI website reviewing the ‘apparent low bidder’ list and bid tabs at a minimum. Ø Prepare a portfolio or list of related projects and prime and supplier references; be sure to note transportation related projects of similar size and scope, firm expertise and staffing. Ø Participate in DBE office assessment programs. Ø Participate on advisory and mega-project committees. Ø Sign up to receive the DBE Contracting Update. Ø Consider membership in relevant industry or contractor organizations. Ø Active participation is a must. Quote as many projects as you can reasonably work on; quoting the primes and bidding as a prime with the Department are the only ways to get work.
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APPENDIX F Good Faith Effort Evaluation Guidance Appendix A of 49 CFR Part 26
I. When, as a recipient, you establish a contract goal on a DOT-assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.
II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix.
The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas.
III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts.
IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project.
(2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.
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B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation.
C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract.
D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work.
(2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.
E. (1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals.
(2) A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote.
F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.
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H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.
V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in §26.53(b)(2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher; and contact the DBEs listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone sufficient to satisfy good faith efforts under the rule.
VI. A promise to use DBEs after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts.
[79 FR 59600, Oct. 2, 2014]
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APPENDIX G
(SAMPLE) Forms DT1506 and DT1202
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Official Form DT1506 can be found here: www.wisconsindot.gov/DBEcontracting 29
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Official Form DT1202 can be found here: www.wisconsindot.gov/DBEcontracting
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COMMITMENT TO SUBCONTRACT TO DBE Wisconsin Department of Transportation NON-TRADITIONAL PROJECTS DT1880 4/2010 s.84.06(2) Wis. Stats. Project(s):
Prime Contractor: County: Letting Date:
This contract requires that a specified percentage of the work be subcontracted to a Total $ Value of: disadvantaged business enterprise and that this information be submitted within 10 business days after the notification of contract award. Completion of the following Prime Contract: information indicates your intent in the fulfillment of these contract requirements. DBE Contract Goal: %
This form must be completed and returned for THIS contract. See reverse side for instructions. Government Use Only A V NAME OF DBE SUBCONTRACTOR TYPE OF WORK SUBCONTRACT $ VALUE Adjusted Amounts
A ($) TOTAL % SUBTOTAL DBE $ VALUE V ($) TOTAL %
A V NAME OF DBE SUPPLIER AND/OR TYPE OF MATERIAL SUBCONTRACT $ VALUE Government Use Only MANUFACTURER (see #3 on Instructions) Adjusted Amounts
A ($) TOTAL % SUBTOTAL DBE $ VALUE V ($) TOTAL %
MATERIAL EST. # OF EST. # OF A V NAME OF DBE TRUCKING FIRM $ VALUE Government Use Only HAULED TON/C.Y. TRUCKS Adjusted Amounts REQ’D O= L= O= L= O= L= O= L= O= L= A ($) TOTAL % SUBTOTAL DBE $ VALUE V ($) TOTAL %
A ($) TOTAL % GRAND TOTAL DBE $ VALUE V ($) TOTAL % T = TOTAL % I certify that arrangements have been made for the foregoing work with the listed DBE Contractors. I further understand that any willful falsification, fraudulent statement or misrepresentation will result in appropriate sanctions, which may include debarment and/or prosecution under applicable State (Trans 504) and Federal laws. O = Owned Trucks Government Use Only Used on Project Approved Amounts X L = Leased Trucks (Authorized Agent) Used on Project A = $ % (Date) V = $ % A = Assigned (DBE Conscious) Total = $ % Mail to: Wisconsin Department of Transportation DBE Programs Office, Rm. 451 V = Voluntary Signature: PO Box 7965 (DBE Neutral) Date: Madison, WI 53707-7965 Good faith waiver granted: Yes No
Proposal Number Instructions For Completing Commitment To Subcontract To DBE Form:
1 In accordance with the DBE Regulations (49 CFR part 26), WisDOT is tracking Assigned Goals for DBE's (DBE Conscious) and Voluntary Usage of DBE Firms (DBE Neutral). DBE participation reported on this form will be used to periodically adjust (DBE Conscious and DBE Neutral) components of WisDOT's overall annual DBE goal.
2 For each DBE firm listed on this form, place an “x" in the appropriate column to indicate whether it will be used to meet the Assigned Goal (A) and/or whether it is used on a Voluntary basis (V). Any achievement above assigned goals should be reported as a voluntary achievement. If you indicate that a firm will be used to meet both assigned and voluntary goals, indicate the dollar amount attributable to assigned goals and the amount attributable to the voluntary goal. Our objective is to capture all DBE achievement you generate. The following is an example: a. The total contract amount is $100,000 and the DBE goal is 10% or $10,000 in DBE participation b. If $10,000 is the subcontract dollar value to ADBE Landscaping Co. then $10,000 would be Assigned (DBE Conscious) and you would place an “x” in the “A” column c. If $15,000 is the subcontract dollar value to ADBE Landscaping Co. then $10,000 would be Assigned (DBE Conscious) and you would place an “x” in the “A” column and ADBE Landscaping Co. would be listed on the next line for $5,000 which would be Voluntary (DBE Neutral) and an “x” would be placed in the “V” column
3 The department will give full credit toward the DBE goal if the DBE is a manufacturer of their materials or supplies. The department will give 60 percent credit or brokerage fee set by industry’s standard toward the DBE goal if the DBE is merely a supplier of these materials or supplies. It is the Prime Contractor’s responsibility to use the Bidder’s List or UCP Directory to find out if the DBE is considered a supplier or a manufacturer before listing them on Commitment to Subcontract to DBE form. WisDOT will apply the appropriate credit when approving the form.
4 After completing the form, if it does not indicate that the DBE goal has been met or exceeded, please complete and supply the necessary documentation on the Certificate of Good Faith Efforts form (DT1202 6/2007.)
Instructions For Completing Attachment A Form:
5 Section 26.53 (49 CFR part 26) requires written confirmation of participation from each DBE firm to be used on the contract. Please submit one copy of a completed Attachment A, Confirmation of Participation form, for each DBE firm to be used on this contract. Each form must be signed by the Prime Contractor, the hiring contractor (if applicable) and the DBE Firm specified on the form.
6 DBE crediting for the trucking industry is achieved in the following manner:
a. A minimum of one truck owned by the DBE must be used on the contract. b. Full DBE credit is given for owned trucks and trucks leased from another DBE. c. For one truck owned by the DBE firm, they can receive DBE credit for a truck leased from a non-DBE firm (one DBE truck owned = one non-DBE truck leased). d. Trucks leased from non-DBE firms above the one-for-one ratio described in letter c, will be given DBE credit only for the brokerage fee charged by the DBE. e. All trucks used for credit must be listed and approved on the DBE firm’s Schedule of Owned/Leased Vehicles for DBE Credit and/or a WisDOT approved trucking utilization plan.
It is the Prime Contractor’s and the DBE firm’s responsibility to ensure that utilization of trucks and the DBE credit earned is in accordance with the above and will yield the subcontract dollar value listed on the Commitment to Subcontract to DBE form.
If you have questions about filling out these forms, please contact the Civil Rights and Compliance Office at (608) 266-6961.
COMMITMENT TO SUBCONTRACT TO DBE ATTACHMENT A
CONFIRMATION OF PARTICIPATION
Project I.D.: Proposal Number: Letting Date: Total $ Value of Prime Contract:
Name of DBE Firm Participating in this Contract:
Name of the Prime/Subcontractor who hired the DBE Firm: (list all names of tiers if more than one)
Type of Work or Type of Material Supplied:
Total Subcontract Value:
Prime Contractor Representative’s Signature
Prime Contractor Representative’s Name (Print Name) FOR PRIME CONTRACTORS ONLY: I certify that I made arrangements with the participating DBE firm to perform the type of work listed or supply the material indicated above for the subcontract value listed Prime Contractor (Print Company Name) above. Date
Participating DBE Firm Representative’s Signature FOR PARTICIPATING DBE FIRMS ONLY: I certify that I made arrangements with the Prime Contractor or the Hiring Contractor to perform the type of work or supply the material indicated above for the Participating DBE Firm Representative’s Name (Print Name) subcontract value listed above.
Participating DBE Firm (Print Company Name) FOR DBE TRUCKING FIRMS ONLY: I certify that I will utilize, for DBE credit, only trucks listed on my WisDOT approved Schedule of Owned/Leased Vehicles for DBE Credit form and I will be utilizing the Date number of trucks and material hauled as listed below.
# Owned Trucks # Leased Trucks # Estimated Tons/C.Y. Material(s) Hauled
Effective December 2020 Letting ASP-4
ADDITIONAL SPECIAL PROVISION 4
This special provision does not limit the right of the department, prime contractor, or subcontractors at any tier to withhold payment for work not acceptably completed or work subject to an unresolved contract dispute.
Payment to First-Tier Subcontractors Within 10 calendar days of receiving a progress payment for work completed by a subcontractor, pay the subcontractor for that work. The prime contractor may withhold payment to a subcontractor if, within 10 calendar days of receipt of that progress payment, the prime contractor provides written notification to the subcontractor and the department documenting "just cause" for withholding payment. The prime contractor is not allowed to withhold retainage from payments due subcontractors.
Payment to Lower-Tier Subcontractors Ensure that subcontracting agreements at all tiers provide prompt payment rights to lower-tier subcontractors that parallel those granted first-tier subcontractors in this provision.
Effective with January 2021 Letting ASP-6 Additional Special Provision 6 ASP 6 - Modifications to the standard specifications Make the following revisions to the standard specifications:
102.1 Prequalifying Bidders Replace paragraph two with the following effective with the October 2020 letting: (2) Furnish a dated prequalification statement on the department's form at least 10 business days before the time set for the letting to close.
102.6 Preparing the Proposal Replace the entire text with the following effective with the October 2020 letting: 102.6.1 General (1) Submit completed proposals on the department's bidding proposal described in 102.2. Submit legible information only. Write everything in ink, by typewriter, or by computer-controlled printer. Provide all dollar amounts in dollars and cents, in numerals. Attach all addenda to the submitted proposal. (2) Properly execute the proposal. Place the required signatures, in ink, in the space provided on the bidding proposal as indicated below: ENTITY SUBMITTING PROPOSAL REQUIRED SIGNATURE Individual The individual or a duly authorized agent. Partnership A partner or a duly authorized agent. Joint venture A member or a duly authorized agent of at least one of the joint venture firms. Corporation An authorized officer or duly authorized agent of the corporation. Also show the name of the state chartering that corporation and affix the corporate seal. Limited liability company A manager, a member, or a duly authorized agent. (3) Instead of using the schedule of items provided on the department's bidding proposal, the bidder may submit a substitute schedule with the proposal. Use a format for the substitute schedule conforming to the department’s guidelines for approval of a bidder-generated schedule of items. Obtain the department’s written approval before using a substitute schedule. (4) Provide a unit price for each bid item listed in the schedule of items. Calculate and show, in the bid amount column, the products of the respective unit prices and quantities. For a lump sum bid item, show the same price in the unit price column and in the bid amount column pertaining to that bid item. Show the total bid obtained by adding the values entered in the bid amount column for the listed bid items. (5) If a unit price or lump sum bid already entered in the proposal needs to be altered, cross out the entered unit price or lump sum bid with ink or typewriter and enter the new price above or below and initial it in ink. (6) A change that the bidder makes in the proposal is not an alteration if the bidder makes that change as directed in a specific instruction contained in an addendum. 102.6.2 Disadvantaged Business Enterprise (DBE) Commitment (1) Before the letting is closed, submit the following documentation for proposals with a DBE goal: 1. Commitment to subcontract to DBE on department form DT1506. 2. Attachment A for each subcontractor listed on the DT1506. 3. If the DBE goal is not attained, certificate of good faith efforts on department form DT1202.
(2) Within 24 hours after the letting is closed, email all supplemental documentation for the DT1202 verifying efforts made to attain the DBE goal to [email protected].
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102.7.3 Department Will Reject Replace paragraph one with the following effective with the January 2021 letting: (1) Proposals are irregular and the department will reject and will not post them if the bidder: 1. Does not furnish the required proposal guaranty in the proper form and amount as specified in 102.8. 2. Does not submit a unit price for each bid item listed, except for lump sum bid items where the bidder may show the price in the bid amount column for that bid item. 3. Includes conditions or qualifications not provided for in the department-supplied bidding proposal. 4. Submits a bid on a bidding proposal issued to a different bidder without obtaining departmental authorization to do so. 5. Submits a bid that contains unauthorized revisions in the name of the party to whom the bidding proposal was issued. 6. Submits a schedule of items with illegibly printed bid item numbers, descriptions, or unit prices. 7. Submits a schedule of items for the wrong contract. 8. Submits a bidder-generated schedule of items with an incorrect bid item number and incorrect description for a single bid item. 9. Omits a bid item or bid items on a bidder-generated schedule of items. 10. Submits a materially unbalanced bid. 11. Does not sign the proposal. 12. Does not submit the DBE forms and required supplemental documentation of the good faith efforts as specified in 102.6.2.
102.12 Public Opening of Proposals Replace paragraph one with the following effective with the October 2020 letting: (1) The letting will close at the time and place indicated in the notice to contractors. The department will publicly open and post the total bid for each proposal on the Bid Express web site beginning at noon on the day after the letting is closed except as specified in 102.7.3 and 102.8. If a proposal has no total bid shown, the department will not post the bid. After verification for accuracy under 103.1, the department will post bid totals on the HCCI web site. https://wisconsindot.gov/Pages/doing-bus/contractors/hcci/bid-let.aspx
103.1 Consideration of Proposals Replace paragraph one with the following effective with the October 2020 letting: (1) Following the public opening of the proposals received, the department will compare them based on the summation of the products of the quantities of work listed and the contract unit prices offered. In case of discrepancies, errors, or omissions, the department will make corrections as specified in 102.7.1. In awarding contracts, the department, in addition to considering the amounts stated in the proposals, may consider one or more of the following: 1. The responsibility of the various bidders as determined from a study of the data required under 102.1. 2. The responsiveness of the bid as determined under 102.6. 3. Information from other investigations that the department may make.
107.17.1 General Replace paragraph four with the following effective with the November 2020 letting: (4) Comply with the railroad's rules and regulations regarding operations on or near the railroad right-of-way as follows: - When working on the railroad right-of-way. - When working within 25 feet of the track centerline or adjacent facilities, including equipment or extensions of equipment that can fall within 25 feet of the track centerline or adjacent facilities. If the railroad's chief engineering officer requires, arrange with the railroad to obtain the services of qualified railroad employees to protect railroad traffic through the work area. Bear the cost of these services and pay the railroad directly. Notify the railroad's representative, specified in the project special provisions, in writing at least 40 business days before starting work near a track. Provide the specific time planned to start the operations.
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109.6.3.3 Retainage Delete paragraph two effective with the December 2020 letting:
450.2.1 Acronyms and Definitions Add the following definitions to 450.2.1(2) effective with the November 2020 letting: Butt Joint A transverse joint between existing and newly paved surfaces, formed by milling or sawing a vertical notch into the existing surface and then paving against the notch. Echelon Paving Paving two or more adjacent lanes with adjacent pavers offset from each other by 200 feet or less. Notched Wedge Joint A longitudinal joint consisting of a wedge placed at the edge of the initially paved lane with an overlapping wedge placed on the subsequent lane. Tandem Paving Paving two or more adjacent lanes with adjacent pavers offset from each other by more than 200 feet. Vertical Joint A longitudinal joint between 2 paved lanes with a vertical or nearly vertical interface between the adjacent mats.
450.3.2.8 Jointing Replace paragraph two with the following with the November 2020 letting: (2) Where placing against existing HMA pavement, saw or mill the existing mat to form a full-depth joint. Replace paragraphs five and six with the following effective with the November 2020 letting: (5) At the prepave meeting, submit documentation to the engineer that includes the brand name and model of each extruding and compacting device proposed for notched wedge joint construction. Alternatively, submit pictures of fabricated wedging and compacting devices. Do not use devices before engineer approval. (6) For notched wedge joints, construct and shape the wedge for each layer using the engineer-approved extruding device and compacting device that will provide a uniform slope and will not restrict the main screed. Compact the wedge with a weighted roller wheel or vibratory plate compactor the same width as the wedge. Clean and apply tack coat to the wedge surface and both notches before placing the adjacent lane. (7) For butt and vertical joints, clean and apply tack coat to promote bonding and seal the joint. (8) If paving in echelon, the contractor may use a vertical or notched wedge joint. Joints paved in echelon need not be tack coated.
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460.2.2.3 Aggregate Gradation Master Range Replace table 460-1 with the following effective with the November 2020 letting:
TABLE 460-1 AGGREGATE GRADATION MASTER RANGE AND VMA REQUIREMENTS PERCENT PASSING DESIGNATED SIEVES NOMINAL SIZE SIEVE No. 1 No. 2 No.3 No. 4 No. 5 No. 6 SMA No. 4 SMA No. 5 (37.5 mm) (25.0 mm) (19.0 mm) (12.5 mm) (9.5 mm) (4.75 mm) (12.5 mm) (9.5 mm) 50.0-mm 100 37.5-mm 90 - 100 100 25.0-mm 90 max 90 - 100 100 19.0-mm ___ 90 max 90 - 100 100 100 12.5-mm ______90 max 90 - 100 100 90 - 97 100 9.5-mm ______90 max 90 - 100 100 58 - 80 90 - 100 4.75-mm ______90 max 90 - 100 25 - 35 35 - 45 2.36-mm 15 - 41 19 - 45 23 - 49 28 - 58 32 - 67 90 max 15 - 25 18 - 28 1.18-mm ______30 - 55 ______0.60-mm ______18 max 18 max 0.075-mm 0 - 6.0 1.0 - 7.0 2.0 - 8.0 2.0 - 10.0 2.0 - 10.0 6.0 - 13.0 8.0 - 11.0 8.0 - 12.0 % VMA 11.0 min 12.0 min 13.0 min 14.0 min[1] 15.0 min[2] 16.0 - 17.5 16.0 min 17.0 min [1] 14.5 for LT and MT mixes. [2] 15.5 for LT and MT mixes.
522.2 Materials Replace paragraph three with the following effective with the January 2021 letting: (3) Manufacture precast reinforced concrete pipe, cattle pass, and apron endwalls in a plant listed under precast concrete fabricators on the APL. Conform to the specified AASHTO standard materials requirements except as follows: - The contractor may use cement conforming to 501.2.1 or may substitute for portland cement at the time of batching conforming to 501.2.6 for fly ash, 501.2.7 for slag, or 501.2.8 for other pozzolans. In either case the maximum total supplementary cementitious content is limited to 30 percent of the total cementitious content by weight.
532.2.1 General Replace paragraph one with the following effective with the November 2020 letting: (1) Furnish structural steel conforming to ASTM as follows: <= 1/2 inch thick structural tube and pipe ...... ASTM A500 grade C > 1/2 inch thick structural tube and pipe ...... API 5L PSL 2 grade 46 or ASTM 1085 Tapered vertical supports ...... ASTM A595 grade A or ASTM A572 grade 55 Multi-sided or greater than 26-inch diameter round tapered poles ...... ASTM A572 grade 65 Structural angles and plates ...... ASTM A709 grade 36
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532.3.8 Acceptance and Inspection Add the following new subsection effective with the November 2020 letting: 532.3.8 Acceptance and Inspection (1) Demonstrate to the engineer that electrical and mechanical systems for each high mast tower installation are fully operational. The department will not accept an installation until the engineer is satisfied that it functions properly. (2) Inspect completed "S" or "L" designated structures before opening to public traffic conforming to the BOS structure inspection manual part 4 for sign, signal, and high mast towers available at: https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/inspection-manual.aspx Ensure that a department-certified active team leader for sign/signal inspections, listed on the department's highway structures information system (HSIS) website, performs inspections. Conform to the following: - Notify the engineer at least 5 business days before inspection. - Ensure that the team leader performing inspections submits the signed inspection reports and provides punch list items as maintenance items in the inspection report to the engineer within one business day after completing each inspection. Submit that signed final inspection report to the engineer and HSIS at: https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/hsi.aspx - Notify the engineer and region ancillary structure project manager upon completion of the punch list items.
550.2.1 Steel Piles and Pile Shells Replace paragraph three with the following effective with the November 2020 letting: (3) For steel pipe sections and steel pile shells for cast-in-place concrete piles, use ASTM A252 grade 3 steel.
608.2.1 Pipe Replace paragraph three with the following effective with the January 2021 letting: (3) Manufacture precast reinforced concrete pipe for storm sewer in a plant listed under precast concrete fabricators on the APL. Conform to the specified AASHTO materials requirements for the class of precast concrete pipe specified except as follows: - The contractor may use cement conforming to 501.2.1 or may substitute for portland cement at the time of batching conforming to 501.2.6 for fly ash, 501.2.7 for slag, or 501.2.8 for other pozzolans. In either case the maximum total supplementary cementitious content is limited to 30 percent of the total cementitious content by weight.
611.2 Materials Replace paragraph three with the following effective with the January 2021 letting: (3) For precast structures conform to AASHTO M199 for circular structures and ASTM C913 for square and rectangular structures. Manufacture in a plant listed under precast concrete fabricators on the APL. Conform to the specified AASHTO materials requirements for the structure specified except as follows: - Use concrete with 470 pounds or more cementitious material per cubic yard. - The contractor may use cement conforming to 501.2.1 or may substitute for portland cement at the time of batching conforming to 501.2.6 for fly ash, 501.2.7 for slag, or 501.2.8 for other pozzolans. In either case the maximum total supplementary cementitious content is limited to 30 percent of the total cementitious content by weight. - For wet cast use air-entrained concrete with 7.0 percent +/- 1.5 percent air content.
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614.3.2.1 Installing Posts Replace paragraphs four and five with the following effective with the December 2020 letting: (4) For bid items 614.0220, 0230, and 2500; do not trim posts before installation and mark one face of each post as follows: - Draw an embedment depth line. - Above the embedment line, write the post length. - Posts 3 through 8 of bid item 614.0220 do not require marking. Install posts with the markings on the roadway side. Ensure the markings remain on the posts until guardrail final acceptance. (5) Ensure that posts are at least the minimum length and minimum embedment the plans show before cutting post tops to the finished elevation. After installation, the engineer may direct the contractor to remove and re- install up to 5% of the posts to verify they were placed to the required plan depth. If a post is embedded less than the required plan depth, the engineer may direct additional sampling. Re-install sampled posts at the locations and to the depths the plans show. Replace posts and other components that are damaged during sampling. (6) Provide offset block-mounted reflectors as the plans show.
650.3.7 Structure Layout Staking Replace the entire text with the following effective with the January 2021 letting: (1) Set construction stakes or marks on a line offset from the structure centerline or on a reference line, whichever is appropriate, for both roadway and substructure units. Establish the plan horizontal and vertical positions to the required accuracy. Also, set and maintain stakes and marks as necessary to support the method of operations. Locate stakes and marks to within 0.02 feet of the true horizontal position, and establish the grade elevation to within 0.01 feet of true vertical position. (2) For girder bridges, the department will compute deck grades with contractor-supplied girder elevation data. (3) For slab span bridges, the department will compute slab grades using contractor-supplied falsework settlement and deflection data at tenth points along slab edges, the crown, and reference line locations. Before releasing falsework, survey top-of-slab elevations at the centerline of the abutments and at the 5/10th point along slab edges, the crown, and reference line locations to verify the camber.
710.2 Small Quantities Replace paragraph one with the following effective with the November 2020 letting: (1) For contracts with only small quantities of material subject to testing, as defined under specific contract QMP provisions, modify the requirements of 710 as follows: 1. The contractor may submit an abbreviated quality control plan as allowed in 701.1.2.3. 2. The engineer may accept aggregate based on documented previous testing and non-random start-up gradation testing as allowed in 710.5.6.1.
710.4 Concrete Mixes Replace paragraph two with the following effective with the January 2021 letting: (2) At least 3 business days before producing concrete, document that materials conform to 501 unless the engineer allows or individual QMP specifications provide otherwise. Include the following: 1. For mixes: quantities per cubic yard expressed as SSD weights and net water, water to cementitious material ratio, and air content. 2. For cementitious materials and admixtures: type, brand, and source. 3. For aggregates: absorption, SSD bulk specific gravity, wear, soundness, freeze thaw test results if required, and air correction factor. Also include proposed combined gradation limits and target individual gradations, including P200 limits..
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710.5.6 Aggregate Testing Replace the entire text with the following effective with the January 2021 letting: 710.5.6.1 General (1) Test aggregate gradations during concrete production. The department will accept non-random start-up testing during concrete production for the following: - Small quantities, as defined in 715.1.1.2, of class I concrete placed under 715. - Less than 400 cubic yards of class II ancillary concrete placed under the contract. 710.5.6.2 Gradation Testing During Concrete Production (1) Test aggregate gradation during concrete production batching either at a central mix batch plant or at a ready mix plant. The contractor's concrete production QC tests can be used for the same mix design on multiple contracts. (2) Conform to combined gradation limits either calculated using department form WS3012 or custom limits approved as a part of the contractor's quality control plan. For class II concrete, also conform to the additional combined gradation requirements specified for class I concrete in 715.2.2. (3) Determine the complete gradation using a washed analysis for both fine and coarse aggregates. Report results for the 1 1/2", 1", 3/4", 1/2", 3/8", #4, #8, #16, #30, #50, #100, and #200 sieves. (4) Contractor QC testing frequency is based on the cumulative plant production for each mix design across multiple WisDOT contracts.
TABLE 710-1 PLANT PRODUCTION QC GRADATION TESTING FREQUENCY
Daily Plant Production Rate for WisDOT Work Minimum QC Frequency per Stockpile 250 cubic yards or less one test per cumulative total of 250 cubic yards
more than 250 through 1000 cubic yards one test per day
more than 1000 cubic yards two tests per day
(5) Department QV testing frequency is based on the quantity of each mix design placed under each individual WisDOT contract.
TABLE 710-2 CONTRACT PLACEMENT QV GRADATION TESTING FREQUENCY
Anticipated Daily Placement Rate Minimum QV Frequency per Stockpile Each WisDOT Contract less than or equal to 1000 cubic yards one test per 5 days of placement
more than 1000 cubic yards two tests per 5 days of placement
715.2.2 Combined Aggregate Gradation Replace the entire text with the following effective with the January 2021 letting: (1) Ensure that the combined aggregate gradation conforms to the following, expressed as weight percentages of the total aggregate: 1. One hundred percent passes the 2-inch sieve. 2. For mixes containing size No. 2 stone, the percent passing the 1-inch sieve is less than or equal to 89. The engineer may waive this requirement if the clear spacing between reinforcing bars is less than 2 inches. 3. The percent passing the No. 4 sieve is less than or equal to 42, except if the coarse aggregate is completely composed of crushed stone, up to 47 percent may pass the No. 4 sieve. For pavement, coarse aggregate may be completely composed of crushed concrete, in which case up to 47 percent may pass the No. 4 sieve. 4. The percent passing the No. 200 sieve is less than or equal to 2.3 percent.
716.2.1 Class II Concrete Replace paragraphs four through six with the following effective with the November 2020 letting: (4) Provide concrete with a 28-day compressive strength that equals or exceeds the following: - If the contract specifies f'c, then f'c. - If the contract does not specify f'c, then 3000 psi.
page 7 of 10 Effective with January 2021 Letting ASP-6 ERRATA 101.3 Definitions Adopt AASHTO change order definition. Change order A written order to the contractor detailing changes to the specified work quantities or modifications within the scope of the original contract..
page 8 of 10 Effective with January 2021 Letting ASP-6 Delete existing contract change order, contract modification, and contract revision definitions.
460.2.7(1) HMA Mixture Design Correct table 460-2 errata by eliminating plasticity index requirements for LT, MT, and HT mixes.
TABLE 460-2 MIXTURE REQUIREMENTS Mixture type LT MT HT SMA LA Wear (AASHTO T96) 100 revolutions(max % loss) 13 13 13 13 500 revolutions(max % loss) 50 45 45 35 Soundness (AASHTO T104) 12 12 12 12 (sodium sulfate, max % loss) Freeze/Thaw (AASHTO T103 as modified in CMM 860.2.7) 18 18 18 18 (specified counties, max % loss) Fractured Faces (ASTM D5821 as modified in CMM 860.7.2) 65/___ 75 / 60 98 / 90 100/90 (one face/2 face, % by count) Flat & Elongated (ASTM D4791) 5 5 5 20 (max %, by weight) (5:1 ratio) (5:1 ratio) (5:1 ratio) (3:1 ratio) Fine Aggregate Angularity 40[1] 43[1] 45 45 (AASHTO T304, method A, min) Sand Equivalency (AASHTO T176, min) 40 40[2] 45 50 Clay Lumps and Friable Particle in Aggregate <= 1% <= 1% <= 1% <= 1% (AASHTO T112) Plasticity Index of Material Added to Mix Design as <= 4 Mineral Filler (AASHTO T89/90) Gyratory Compaction Gyrations for Nini 6 7 8 7 Gyrations for Ndes 40 75 100 65 Gyrations for Nmax 60 115 160 100 Air Voids, %Va 4.0 4.0 4.0 4.5 (%Gmm Ndes) (96.0) (96.0) (96.0) (95.5) % Gmm Nini <= 91.5[3] <= 89.0[3] <= 89.0 ___ % Gmm Nmax <= 98.0 <= 98.0 <= 98.0 <= 98.0 Dust to Binder Ratio[4] (% passing 0.075/Pbe) 0.6 - 1.2[5] 0.6 - 1.2[5] 0.6 - 1.2[5] 1.2 - 2.0 Voids filled with Binder (VFB or VFA, %) 68 - 80[6] [8] 65 - 75[6] [7] [9] 65 - 75[6] [7] [9] 70 - 80 Tensile Strength Ratio (TSR) (AASHTO T283)[10] [11] no antistripping additive 0.75 min 0.75 min 0.75 min 0.80 min with antistripping additive 0.80 min 0.80 min 0.80 min 0.80 min Draindown (AASHTO T305) (%) ______<= 0.30 Minimum Effective Asphalt Content, Pbe (%) ______5.5 [1] For No 6 (4.75 mm) nominal maximum size mixes, the specified fine aggregate angularity is 43 for LT and 45 MT mixes. [2] For No 6 (4.75 mm) nominal maximum size mixes, the specified sand equivalency is 43 for MT mixes. [3] The percent maximum density at initial compaction is only a guideline. [4] For a gradation that passes below the boundaries of the caution zone (ref. AASHTO M323), the dust to binder ratio limits are 0.6 - 1.6. [5] For No 6 (4.75 mm) nominal maximum size mixes, the specified dust to binder ratio limits are 1.0 - 2.0 for LT mixes and 1.5 - 2.0 for MT and HT mixes. [6] For No. 6 (4.75mm) nominal maximum size mixes, the specified VFB is 67 - 79 percent for LT mixes and 66 - 77 percent for MT and HT mixes. [7] For No. 5 (9.5mm) and No. 4 (12.5 mm) nominal maximum size mixtures, the specified VFB range is 70 - 76 percent. [8] For No. 2 (25.0mm) nominal maximum size mixes, the specified VFB lower limit is 67 percent. [9] For No. 1 (37.5mm) nominal maximum size mixes, the specified VFB lower limit is 67 percent. [10] WisDOT eliminates freeze-thaw conditioning cycles from the TSR test procedure. [11] Run TSR at asphalt content corresponding to 3.0% air void regressed design, or 4.5% air void design for SMA, using distilled water for testing.
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513.2.1(2) General Correct errata by changing the CMM reference from 875.2 to 875.4. (2) Conform to the department's certification method of acceptance, as defined in CMM 875.4, for railing and railing components. Furnish a certificate of compliance for miscellaneous hardware.
531.1(1) Description Correct errata by adding structural steel sign supports constructed under 635. (1) This section describes constructing drilled shaft foundations for the following: - Overhead sign structures constructed under 532. - High mast light towers constructed under 532. - Structural steel sign supports constructed under 635. - Camera poles constructed under 677.
635.3.1(1) Structural Steel Sign Supports Correct errata by adding "type NS" concrete footings. (1) Locate and erect the supports as specified for placement and orientation in 637.3.3.2. Construct Type NS concrete footings conforming to 531.
654.5(2) Payment Correct errata by changing excavating to drilling. (2) Payment for the Bases bid items is full compensation for providing concrete bases; for embedded conduit and electrical components; for anchor templates, rods, nuts, and washers; for bar steel reinforcement; and for drilling and backfilling.
page 10 of 10 Effective with December 2017 Letting
WISCONSIN DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSPORTATION AND SYSTEM DEVELOPMENT
SUPPLEMENTAL REQUIRED CONTRACT PROVISIONS FOR PROJECTS WITH FEDERAL AID
I. PREVAILING WAGE RATES
The attached U.S. Department of Labor (Davis-Bacon Minimum Wage Rates) furnishes the minimum prevailing wage rates pursuant to the Davis-Bacon and Related Acts. The wage rates shown are the minimum rates required by the contract to be paid during its life, however this is not a representation that labor can be obtained at these rates. It is the responsibility of bidders to inform themselves as to the local labor conditions and prospective changes or adjustments of wage rates. No increase in the contract price will be allowed or authorized on account of the payment of wage rates in excess of those listed herein.
II. COVERAGE OF TRUCK DRIVERS
Truck drivers are covered by Davis-Bacon Minimum Wage Rates in the following circumstances: · Drivers of a contractor or subcontractor for time spent working on the site of the work. · Drivers of a contractor or subcontractor for time spent loading and/or unloading materials and supplies on the site of the work, if such time is not de minimis. https://www.dol.gov/whd/FOH/FOH_Ch15.pdf · Truck drivers transporting materials or supplies between a facility that is deemed part of the site of the work and the actual construction site. · Truck drivers transporting portions of the building or work between a site established specifically for the performance of the contract where a significant portion of such building or work is constructed and the physical place where the building or work called for in the contract will remain.
Truck drivers are not covered by Davis-Bacon Minimum Wage Rates in the following circumstances: · Material delivery truck drivers while off the site of the work. · Drivers of a contractor or subcontractor traveling between a Davis-Bacon job and a commercial supply facility while they are off the site of the work.” · Truck drivers whose time spent on the site of the work is de minimis, such as only a few minutes at a time merely to pick up or drop off materials or supplies. Details are available online at: https://www.dol.gov/whd/recovery/pwrb/Tab9.pdf http://wisconsindot.gov/Pages/doing-bus/civil-rights/labornwage/trckng.aspx
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III. POSTINGS AT THE SITE OF THE WORK
In addition to the required postings furnished by the department, the contractor shall post the following in at least one conspicuous and accessible place at the site of work:
a. A copy of the contractor's Equal Employment Opportunity Policy.
All required documents shall be posted by the first day of work and be accurate and complete. Postings must be readable, in an area where they will be noticed, and maintained until the last day of work.
IV. RESOURCES
Required information regarding compliance with federal provisions is found in the following resources: · FHWA-1273 included in this contract · U.S. Department of Labor Prevailing Wage Resource Book · U.S. Department of Labor Field Operations Handbook · U.S. Code of Federal Regulations · Any applicable law, Act, or Executive Order enacted by the federal government at the time of the letting of this contract
Page 2 of 2 "General Decision Number: WI20210015 05/14/2021
Superseded General Decision Number: WI20200015
State: Wisconsin
Construction Type: Heavy
Counties: Wisconsin Statewide.
HEAVY CONSTRUCTION PROJECTS (Excluding Tunnel, Sewer, and Water Lines).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/01/2021 1 03/12/2021 2 03/19/2021 3 05/14/2021
BOIL0107-001 01/01/2017
Rates Fringes
BOILERMAKER Boilermaker...... $ 35.65 29.89 Small Boiler Repair (under 25,000 lbs/hr)...... $ 26.91 16.00
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] ------BRWI0001-002 06/01/2020
CRAWFORD, JACKSON, JUNEAU, LA CROSSE, MONROE, TREMPEALEAU, AND VERNON COUNTIES
Rates Fringes
BRICKLAYER...... $ 35.31 24.7 7 ------BRWI0002-002 06/01/2020
ASHLAND, BAYFIELD, DOUGLAS, AND IRON COUNTIES
Rates Fringes
BRICKLAYER...... $ 42.77 23.47 ------BRWI0002-005 06/01/2020
ADAMS, ASHLAND, BARRON, BROWN, BURNETT, CALUMET, CHIPPEWA, CLARK, COLUMBIA, DODGE, DOOR, DUNN, FLORENCE, FOND DU LAC, FOREST, GREEN LAKE, IRON, JEFFERSON, KEWAUNEE, LANGLADE, LINCOLN, MANITOWOC, MARATHON, MARINETTE, MARQUETTE, MENOMINEE, OCONTO, ONEIDA, OUTAGAMIE, POLK, PORTAGE, RUSK, ST CROIX, SAUK, SHAWANO, SHEBOYGAN, TAYLOR, VILAS, WALWORTH, WAUPACA, WAUSHARA, WINNEBAGO, AND WOOD COUNTIES
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 36.68 23.40 ------BRWI0003-002 06/01/2020
BROWN, DOOR, FLORENCE, KEWAUNEE, MARINETTE, AND OCONTO COUNTIES
Rates Fringes
BRICKLAYER...... $ 35.68 24.40 ------BRWI0004-002 06/01/2020
KENOSHA, RACINE, AND WALWORTH COUNTIES
Rates Fringes
BRICKLAYER...... $ 39.90 25.53 ------BRWI0006-002 06/01/2020
ADAMS, CLARK, FOREST, LANGLADE, LINCOLN, MARATHON, MENOMINEE, ONEIDA, PORTAGE, PRICE, TAYLOR, VILAS AND WOOD COUNTIES file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Rates Fringes
BRICKLAYER...... $ 36.60 23.48 ------BRWI0007-002 06/01/2020
GREEN, LAFAYETTE, AND ROCK COUNTIES
Rates Fringes
BRICKLAYER...... $ 37.07 24.72 ------BRWI0008-002 06/01/2020
MILWAUKEE, OZAUKEE, WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
BRICKLAYER...... $ 40.75 24.32 ------BRWI0009-001 06/01/2020
GREEN LAKE, MARQUETTE, OUTAGAMIE, SHAWANO, WAUPACA, WASHARA, AND WINNEBAGO COUNTIES
Rates Fringes
BRICKLAYER...... $ 35.68 24.40 ------BRWI0011-002 06/01/2020
CALUMET, FOND DU LAC, MANITOWOC, AND SHEBOYGAN COUNTIES
Rates Fringes
BRICKLAYER...... $ 35.68 24.40 ------BRWI0013-002 06/03/2019
DANE, GRANT, IOWA, AND RICHLAND COUNTIES
Rates Fringes
BRICKLAYER...... $ 35.56 24.23 ------BRWI0019-002 06/01/2020
BARRON, BUFFALO, BURNETT, CHIPPEWA, DUNN, EAU CLAIRE, PEPIN, PIERCE, POLK, RUSK, ST. CROIX, SAWYER AND WASHBURN COUNTIES
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Rates Fringes
BRICKLAYER...... $ 34.86 25.22 ------BRWI0021-002 06/01/2020
DODGE AND JEFFERSON COUNTIES
Rates Fringes
BRICKLAYER...... $ 36.80 24.97 ------BRWI0034-002 06/01/2020
COLUMBIA AND SAUK COUNTIES
Rates Fringes
BRICKLAYER...... $ 37.36 24.43 ------CARP0087-001 05/01/2016
BURNETT (W. of Hwy 48), PIERCE (W. of Hwy 29), POLK (W. of Hwys 35, 48 & 65), AND ST. CROIX (W. of Hwy 65) COUNTIES
Rates Fringes
Carpenter & Piledrivermen...... $ 36.85 18.39 ------CARP0252-002 06/01/2016
ADAMS, BARRON, BAYFIELD (Eastern 2/3), BROWN, BUFFALO, BURNETT (E. of Hwy 48), CALUMET, CHIPPEWA, CLARK, COLUMBIA, CRAWFORD, DANE, DODGE, DOOR, DUNN, EAU CLAIRE, FLORENCE (except area bordering Michigan State Line), FOND DU LAC, FOREST, GRANT, GREEN, GREEN LAKE, IOWA, IRON, JACKSON, JEFFERSON, JUNEAU, KEWAUNEE, LA CROSSE, LAFAYETTE, LANGLADE, LINCOLN, MANITOWOC, MARATHON, MARINETTE (except N.E. corner), MARQUETTE, MENOMINEE, MONROE, OCONTO, ONEIDA, OUTAGAMIE, PEPIN, PIERCE (E. of Hwys 29 & 65), POLK (E. of Hwys 35, 48 & 65), PORTAGE, PRICE, RICHLAND, ROCK, RUSK, SAUK, SAWYER, SHAWANO, SHEBOYGAN, ST CROIX (E. of Hwy 65), TAYLOR, TREMPEALEAU, VERNON, VILAS, WALWORTH, WASHBURN, WAUPACA, WAUSHARA, WINNEBAGO, AND WOOD COUNTIES
Rates Fringes
CARPENTER CARPENTER...... $ 33.56 18.00 MILLWRIGHT...... $ 35.08 18.35 PILEDRIVER...... $ 34.12 18.00 ------file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] CARP0252-010 06/01/2016
ASHLAND COUNTY
Rates Fringes
Carpenters Carpenter...... $ 33.56 18.00 Millwright...... $ 35.08 18.35 Pile Driver...... $ 34.12 18.00 ------CARP0264-003 06/01/2016
KENOSHA, MILWAUKEE, OZAUKEE, RACINE, WAUKESHA, AND WASHINGTON COUNTIES
Rates Fringes
CARPENTER...... $ 35.78 22.11 ------CARP0361-004 05/01/2018
BAYFIELD (West of Hwy 63) AND DOUGLAS COUNTIES
Rates Fringes
CARPENTER...... $ 36.15 20.43 ------CARP2337-001 06/01/2016
ZONE A: MILWAUKEE, OZAUKEE, WAUKESHA AND WASHINGTON
ZONE B: KENOSHA & RACINE
Rates Fringes
PILEDRIVERMAN Zone A...... $ 31.03 22.69 Zone B...... $ 31.03 22.69 ------CARP2337-003 06/01/2019
Rates Fringes
MILLWRIGHT Zone A...... $ 33.58 21.53 Zone B...... $ 33.58 21.53
ZONE DEFINITIONS
ZONE A: MILWAUKEE, OZAUKEE, WAUKESHA AND WASHINGTON COUNTIES
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] ZONE B: KENOSHA & RACINE COUNTIES
------ELEC0014-002 06/14/2020
ASHLAND, BARRON, BAYFIELD, BUFFALO, BURNETT, CHIPPEWA, CLARK (except Maryville, Colby, Unity, Sherman, Fremont, Lynn & Sherwood), CRAWFORD, DUNN, EAU CLAIRE, GRANT, IRON, JACKSON, LA CROSSE, MONROE, PEPIN, PIERCE, POLK, PRICE, RICHLAND, RUSK, ST CROIX, SAWYER, TAYLOR, TREMPEALEAU, VERNON, AND WASHBURN COUNTIES
Rates Fringes
Electricians:...... $ 35.98 20.98 ------ELEC0014-007 07/05/2020
REMAINING COUNTIES
Rates Fringes
Teledata System Installer Installer/Technician...... $ 27.75 15.14
Low voltage construction, installation, maintenance and removal of teledata facilities (voice, data, and video) including outside plant, telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area networks), LAN (local area networks), and ISDN (integrated systems digital network).
------ELEC0127-002 06/01/2020
KENOSHA COUNTY
Rates Fringes
Electricians:...... $ 41.62 30%+12.70 ------ELEC0158-002 06/01/2020
BROWN, DOOR, KEWAUNEE, MANITOWOC (except Schleswig), MARINETTE(Wausuakee and area South thereof), OCONTO, MENOMINEE (East of a ine 6 miles West of the West boundary of Oconto County), SHAWANO (Except Area North of Townships of Aniwa and Hutchins) COUNTIES
Rates Fringes
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] ELECTRICIAN...... $ 34.77 29.75%+10.26 ------ELEC0159-003 08/02/2020
COLUMBIA, DANE, DODGE (Area West of Hwy 26, except Chester and Emmet Townships), GREEN, LAKE (except Townships of Berlin, Seneca, and St. Marie), IOWA, MARQUETTE (except Townships of Neshkoka, Crystal Lake, Newton, and Springfield), and SAUK COUNTIES
Rates Fringes
ELECTRICIAN...... $ 41.86 22.67 ------ELEC0219-004 06/01/2019
FLORENCE COUNTY (Townships of Aurora, Commonwealth, Fern, Florence and Homestead) AND MARINETTE COUNTY (Township of Niagara)
Rates Fringes
Electricians: Electrical contracts over $180,000...... $ 33.94 21.80 Electrical contracts under $180,000...... $ 31.75 21.73 ------ELEC0242-005 05/31/2020
DOUGLAS COUNTY
Rates Fringes
Electricians:...... $ 39.77 28.11 ------ELEC0388-002 06/01/2020
ADAMS, CLARK (Colby, Freemont, Lynn, Mayville, Sherman, Sherwood, Unity), FOREST, JUNEAU, LANGLADE, LINCOLN, MARATHON, MARINETTE (Beecher, Dunbar, Goodman & Pembine), MENOMINEE (Area West of a line 6 miles West of the West boundary of Oconto County), ONEIDA, PORTAGE, SHAWANO (Aniwa and Hutchins), VILAS AND WOOD COUNTIES
Rates Fringes
Electricians:...... $ 34.85 26%+11.20 ------ELEC0430-002 02/02/2021
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] RACINE COUNTY (Except Burlington Township)
Rates Fringes
Electricians:...... $ 41.859 22.871 ------ELEC0494-005 06/01/2020
MILWAUKEE, OZAUKEE, WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
Electricians:...... $ 42.84 25.54 ------ELEC0494-006 06/01/2020
CALUMET (Township of New Holstein), DODGE (East of Hwy 26 including Chester Township), FOND DU LAC, MANITOWOC (Schleswig), and SHEBOYGAN COUNTIES
Rates Fringes
Electricians:...... $ 36.32 22.51 ------ELEC0494-013 06/07/2020
DODGE (East of Hwy 26 including Chester Twp, excluding Emmet Twp), FOND DU LAC (Except Waupuin), MILWAUKEE, OZAUKEE, MANITOWOC (Schleswig), WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
Sound & Communications Installer...... $ 21.46 18.52 Technician...... $ 31.34 20.00
Installation, testing, maintenance, operation and servicing of all sound, intercom, telephone interconnect, closed circuit TV systems, radio systems, background music systems, language laboratories, electronic carillion, antenna distribution systems, clock and program systems and low-voltage systems such as visual nurse call, audio/visual nurse call systems, doctors entrance register systems. Includes all wire and cable carrying audio, visual, data, light and radio frequency signals. Includes the installation of conduit, wiremold, or raceways in existing structures that have been occupied for six months or more where required for the protection of the wire or cable, but does not mean a complete conduit or raceway system. work covered does not include the installation of conduit, wiremold or any raceways in any new construction, or the installation of power supply outlets by means of which file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] external electric power is supplied to any of the foregoing equipment or products
------ELEC0577-003 06/01/2020
CALUMET (except Township of New Holstein), GREEN LAKE (N. part including Townships of Berlin, St Marie, and Seneca), MARQUETTE (N. part including Townships of Crystal Lake, Neshkoro, Newton, and Springfield), OUTAGAMIE, WAUPACA, WAUSHARA, AND WINNEBAGO COUNTIES
Rates Fringes
Electricians:...... $ 34.23 29.50%+10.00 ------ELEC0890-003 06/01/2020
DODGE (Emmet Township only), GREEN, JEFFERSON, LAFAYETTE, RACINE (Burlington Township), ROCK AND WALWORTH COUNTIES
Rates Fringes
Electricians:...... $ 37.41 25.95%+11.11 ------ELEC0953-001 06/02/2019
Rates Fringes
Line Construction: (1) Lineman...... $ 47.53 21.43 (2) Heavy Equipment Operator...... $ 42.78 19.80 (3) Equipment Operator...... $ 38.02 18.40 (4) Heavy Groundman Driver..$ 33.27 16.88 (5) Light Groundman Driver..$ 30.89 16.11 (6) Groundsman...... $ 26.14 14.60 ------ENGI0139-001 06/01/2020
KENOSHA, MILWAUKEE, OZAUKEE, RACINE, WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
Power Equipment Operator Group 1...... $ 47.66 23.15 Group 2...... $ 47.16 23.15 Group 3...... $ 46.66 23.15 Group 4...... $ 45.97 23.15 Group 5...... $ 42.39 23.15 file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Group 6...... $ 37.24 23.15
HAZARDOUS WASTE PREMIUMS: EPA Level ""A"" Protection: $3.00 per hour EPA Level ""B"" Protection: $2.00 per hour EPA Level ""C"" Protection: $1.00 per hour
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Cranes, Tower Cranes, Pedestal Tower Cranes and Derricks with or w/o attachments with a lifting capacity of over 100 tons; or Cranes, Tower Cranes, Pedestal Tower Cranes and Derricks with boom, leads, and/or jib lengths measuring 176 feet or longer; Self-Erecting Tower Cranes over 4000 lbs lifting capacity; All Cranes with Boom Dollies; Boring Machines (directional); Master Mechanic. $0.50 additional per hour per 100 tons or 100 ft of boom over 200 ft or lifting capacity of crane over 200 tons to a maximum of 300 tons or 300 ft. Thereafter an increase of $0.01 per ft or ton, whichever is greater.
GROUP 2: Cranes, Tower Cranes, Pedestal Tower Cranes and Derricks with or without attachments with a lifting capacity of 100 tons or less; or Cranes, Tower Cranes Portable Tower Cranes, Pedestal Tower Cranes and Derricks with boom, leadsand/or jib lengths measuring 175 feet or less; Backhoes (excavators) 130,000 lbs and over; Caisson Rigs; Pile Drivers; Boring Machines (vertical or horizontal), Versi-Lift, Tri-Lift, Gantry 20,000 lbs & over.
GROUP 3: Backhoe (excavator) under 130,000 lbs;Self-erecting Tower Crane 4000 lbs & under lifting capacity;Traveling Crane (bridge type); Skid Rigs; Dredge Operator; Mechanic; Concrete Paver (over 27E); Concrete Spreader and Distributor; Forklift/ Telehandler (machinery- moving / steel erection); Hydro Blaster, 10,000 psi and over
GROUP 4: Material Hoists; Stack Hoists; Hydraulic Backhoe (tractor or truck mounted); Hydraulic Crane, 5 tons or under (tractor or truck mounted); Hoist (tuggers 5 tons & over); Hydro-Excavators/Daylighters; Concrete Pumps Rotec type Conveyors; Tractor/Bulldozer/End Loader (over 40 hp); Motor Patrol; Scraper Operator; Sideboom; Straddle Carrier; Welder; Bituminous Plant and Paver Operator; Roller over 5 tons; Rail Leveling Machine (Railroad); Tie Placer; Tie Extractor; Tie Tamper; Stone Leveler; Rotary Drill Operator and Blaster; Percussion Drill Operator; Air Track Drill and/or Hammers; Gantrys (under 20,000 lbs); Tencher (wheel type or chain type having 8 inch or larger bucket); Milling Machine; Off-Road Material Haulers.
GROUP 5: Backfiller; Concrete Auto Breaker (large); Concrete Finishing Machines (road type); Rubber Tired Roller; Concrete Batch Hopper; Concrete Conveyor Systems; Grout file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Pumps; Concrete Mixers (14S or over); Screw Type Pumps and Gypsum Pumps; Tractor, Bulldozer, End Loader (under 40 hp); Trencher (chain type, bucket under 8 inch); Industrial Locomotives; Rollers under 5 tons; Stump Grinder/Chipper (Large); Timber Equipment; Firemen (pile drivers and derricks); Personnel Hoist, Telehandler over 8000 lbs; Robotic Tool Carrier with or without attachments
GROUP 6: Tampers - Compactors (riding type); Assistant Engineer; A-Frames and Winch Trucks; Concrete Auto Breaker; Hydrohammers (small); Brooms and Sweepers; Hoist (tuggers under 5 tons); Boats (Tug, Safety, Work Barges, Launch); Shouldering Machine Operator; Prestress Machines; Screed Operator; Stone Crushers and Screening Plants; Screed Operators (milling machine), Farm or Industrial Tractor Mounted Equipment; Post Hole Digger; Fireman (asphalt plants); Air Compressors over 400 CFM; Generators, over 150 KW; Augers (vertical and horizontal); Air, Electric, Hydraulic Jacks (slipform); Skid Steer Loaders (with or without attachments); Boiler Operators (temporary heat); Refrigeration Plant/Freeze Machines; Power Pack Vibratory/Ultra Sound Drivers and Extractors; Welding Machines; Heaters (mechanical); Pumps; Winches (small electric); Oiler and Greaser; Rotary Drill Tender; Conveyor; Forklifts/Telehandler 8000 lbs & under; Elevators: Automatic Hoists; Pumps (well points); Combination Small Equipment Operators
------ENGI0139-003 06/01/2020
REMAINING COUNTIES
Rates Fringes
Power Equipment Operator Group 1...... $ 42.92 23.15 Group 2...... $ 41.67 23.15 Group 3...... $ 39.97 23.15 Group 4...... $ 39.44 23.15 Group 5...... $ 37.37 23.15 Group 6...... $ 35.84 23.15
HAZARDOUS WASTE PREMIUMS: EPA Level ""A"" Protection: $3.00 per hour EPA Level ""B"" Protection: $2.00 per hour EPA Level ""C"" Protection: $1.00 per hour
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Cranes, Tower Cranes and Derricks with or without attachments with a lifting capacity of over 100 tons; Cranes, Tower Cranes, and Derricks with boom, leads and/or jib lengths 176 ft or longer. file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] GROUP 2: Backhoes (Excavators) weighing 130,00 lbs and over; Cranes, Tower Cranes and Derricks with or without attachments with a lifting capacity of 100 tons or less; Cranes, Tower Cranes, and Derricks with boom, leads, and/or jib lengths 175 ft or less; Caisson Rigs; Pile Driver
GROUP 3: Backhoes (Excavators) weighing under 130,000 lbs; Travelling Crane (bridge type); Milling Machine; Concrete Paver over 27 E; Concrete Spreader and Distributor; Concrete Laser Screed; Concrete Grinder and Planing Machine; Slipform Curb and Gutter Machine; Boring Machine (Directional); Dredge Operator; Skid Rigs; over 46 meter Concrete Pump.
GROUP 4: Hydraulic Backhoe (tractor or truck mounted); Hydraulic Crane, 10 tons or less; Tractor, Bulldozer, or End Loader (over 40 hp); Motor Patrol; Scraper Operator; Bituminous Plant and Paver Operator; Screed-Milling Machine; Roller over 5 tons; Concrete pumps 46 meter and under; Grout Pumps; Rotec type machine; Hydro Blaster, 10,000 psi and over; Rotary Drill Operator; Percussion Drilling Machine; Air Track Drill with or without integral hammer; Blaster; Boring Machine (vertical or horizontal); Side Boom; Trencher, wheel type or chain type having 8 inch or larger bucket; Rail Leveling Machine (Railroad); Tie Placer; Tie Extractor; Tie Tamper; Stone Leveler; Straddle Carrier; Material Hoists; Stack Hoist; Man Hoists; Mechanic and Welder; Off Road Material Haulers.
GROUP 5: Tractor, Bulldozer, or Endloader (under 40 hp); Tampers -Compactors, riding type; Stump Chipper, large; Roller, Rubber Tire; Backfiller; Trencher, chain type (bucket under 8 inch); Concrete Auto Breaker, large; Concrete Finishing Machine (road type); Concrete Batch Hopper; Concrete Conveyor Systems; Concrete Mixers, 14S or over; Pumps, Screw Type and Gypsum); Hydrohammers, small; Brooms and Sweeeprs; Lift Slab Machine; Roller under 5 tons; Industrial Locomotives; Fireman (Pile Drivers and Derricks); Pumps (well points); Hoists, automatic; A-Frames and Winch Trucks; Hoists (tuggers); Boats (Tug, Safety, Work Barges and Launches); Assistant Engineer
GROUP 6: Shouldering Machine Operator; Farm or Industrial Tractor mounted equipment; Post Hole Digger; Auger (vertical and horizontal); Skid Steer Loader with or without attachments; Robotic Tool Carrier with or without attachments; Power Pack Vibratory/Ultra Sound Driver and Extractor; Fireman (Asphalt Plants); Screed Operator; Stone Crushers and Screening Plants; Air, Electric, Hydraulic Jacks (Slip Form); Prestress Machines; Air Compressor, 400 CFM or over; Refrigeration Plant/Freese Machine; Boiler Operators (temporary heat); Forklifts; Welding Machines; Generators; Pumps over 3""; Heaters, Mechanical; Combination file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] small equipment operator; Winches, small electric; Oiler; Greaser; Rotary Drill Tender; Conveyor; Elevator Operator
------IRON0008-002 06/01/2020
BROWN, CALUMET, DOOR, FOND DU LAC, KEWAUNEE, MANITOWOC, MARINETTE, OCONTO, OUTAGAMI, SHAWANO, SHEBOYGAN, AND WINNEBAGO COUNTIES:
Rates Fringes
IRONWORKER...... $ 37.31 27.62
Paid Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day & Christmas Day.
------IRON0008-003 06/01/2020
KENOSHA, MILWAUKEE, OZAUKEE, RACINE, WALWORTH (N.E. 2/3), WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
IRONWORKER...... $ 39.11 27.87
Paid Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day & Christmas Day.
------IRON0383-001 06/01/2020
ADAMS, COLUMBIA, CRAWFORD, DANE, DODGE, FLORENCE, FOREST, GRANT, GREENE, (Excluding S.E. tip), GREEN LAKE, IOWA, JEFFERSON, JUNEAU, LA CROSSE, LAFAYETTE, LANGLADE, MARATHON, MARQUETTE, MENOMINEE, MONROE, PORTAGE, RICHLAND, ROCK (Northern area, vicinity of Edgerton and Milton), SAUK, VERNON, WAUPACA, WAUSHARA, AND WOOD COUNTIES
Rates Fringes
IRONWORKER...... $ 37.10 27.06 ------IRON0512-008 06/03/2019
BARRON, BUFFALO, CHIPPEWA, CLARK, DUNN, EAU CLAIRE, JACKSON, PEPIN, PIERCE, POLK, RUSK, ST CROIX, TAYLOR, AND TREMPEALEAU COUNTIES
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Rates Fringes
IRONWORKER...... $ 37.60 29.40 ------* IRON0512-021 05/03/2021
ASHLAND, BAYFIELD, BURNETT, DOUGLAS, IRON, LINCOLN, ONEIDA, PRICE, SAWYER, VILAS AND WASHBURN COUNTIES
Rates Fringes
IRONWORKER...... $ 35.09 31.80 ------LABO0113-002 06/01/2020
MILWAUKEE AND WAUKESHA COUNTIES
Rates Fringes
LABORER Group 1...... $ 30.05 22.26 Group 2...... $ 30.20 22.26 Group 3...... $ 30.40 22.26 Group 4...... $ 30.55 22.26 Group 5...... $ 30.70 22.26 Group 6...... $ 26.54 22.26
LABORERS CLASSIFICATIONS
GROUP 1: General Laborer; Tree Trimmer; Conduit Layer; Demolition and Wrecking Laborer; Guard Rail, Fence, and Bridge Builder; Landscaper; Multiplate Culvert Assembler; Stone Handler; Bituminous Worker (Shoveler, Loader, and Utility Man); Batch Truck Dumper or Cement Handler; Bituminous Worker (Dumper, Ironer, Smoother, and Tamper); Concrete Handler
GROUP 2: Air Tool Operator; Joint Sawer and Filler (Pavement); Vibrator or Tamper Operator (Mechanical Hand Operated); Chain Saw Operator; Demolition Burning Torch Laborer
GROUP 3: Bituminous Worker (Raker and Luteman); Formsetter (Curb, Sidewalk, and Pavement); Strike Off Man
GROUP 4: Line and Grade Specialist
GROUP 5: Blaster and Powderman
GROUP 6: Flagperson; traffic control person
------LABO0113-003 06/01/2020 file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] OZAUKEE AND WASHINGTON COUNTIES
Rates Fringes
LABORER Group 1...... $ 29.30 22.26 Group 2...... $ 29.40 22.26 Group 3...... $ 29.45 22.26 Group 4...... $ 29.65 22.26 Group 5...... $ 29.50 22.26 Group 6...... $ 26.39 22.26
LABORERS CLASSIFICATIONS
GROUP 1: General Laborer; Tree Trimmer; Conduit Layer; Demolition and Wrecking Laborer; Guard Rail, Fence, and Bridge Builder; Landscaper; Multiplate Culvert Assembler; Stone Handler; Bituminous Worker (Shoveler, Loader, and Utility Man); Batch Truck Dumper or Cement Handler; Bituminous Worker (Dumper, Ironer, Smoother, and Tamper); Concrete Handler
GROUP 2: Air Tool Operator; Joint Sawer and Filler (Pavement); Vibrator or Tamper Operator (Mechanical Hand Operated);
GROUP 3: Bituminous Worker (Raker and Luteman); Formsetter (Curb, Sidewalk, and Pavement); Strike Off Man
GROUP 4: Line and Grade Specialist
GROUP 5: Blaster; powderman
GROUP 6: Flagperson and Traffic Control Person
------LABO0113-011 06/01/2020
KENOSHA AND RACINE COUNTIES
Rates Fringes
LABORER Group 1...... $ 29.11 22.26 Group 2...... $ 29.26 22.26 Group 3...... $ 29.46 22.26 Group 4...... $ 29.43 22.26 Group 5...... $ 29.76 22.26 Group 6...... $ 26.25 22.26
LABORERS CLASSIFICATIONS:
GROUP 1: General laborer; Tree Trimmer; Conduit Layer; file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Demolition and Wrecking Laborer; Guard Rail, Fence, and Bridge Builder; Landscaper; Multiplate Culvert Assembler; Stone Handler; Bituminous Worker (Shoveler, Loader, and Utility Man); Batch Truck Dumper or Cement Handler; Bituminous worker (Dumper, Ironer, Smoother, and Tamper); Concrete Handler
GROUP 2: Air Tool Operator; Joint Sawer and Filler (Pavement); Vibrator or Tamper Operator (Mechanical Hand Operated); Chain Saw Operator; Demolition Burning Torch Laborer
GROUP 3: Bituminous Worker (Raker and Luteman); Formsetter (Curb, Sidewalk, and Pavement); Strike Off Man
GROUP 4: Line and Grade Specialist
GROUP 5: Blaster and Powderman
GROUP 6: Flagman; traffic control person
------LABO0140-002 06/01/2020
ADAMS, ASHLAND, BARRON, BAYFIELD, BROWN, BUFFALO, BURNETT, CALUMET, CHIPPEWA, CLARK, COLUMBIA, CRAWFORD, DODGE, DOOR, DOUGLAS, DUNN, EAU CLAIRE, FLORENCE, FOND DU LAC, FOREST, GRANT, GREEN, GREEN LAKE, IRON, JACKSON, JUNEAU, IOWA, JEFFERSON, KEWAUNEE, LA CROSSE, LAFAYETTE, LANGLADE, LINCOLN, MANITOWOC, MARATHON, MARINETTE, MARQUETTE, MENOMINEE, MONROE, OCONTO, ONEIDA, OUTAGAMIE, PEPIN, PIERCE, POLK, PORTAGE, PRICE, RICHLAND, ROCK, RUSK, SAUK, SAWYER, SHAWANO, SHEBOYGAN, ST. CROIX, TAYLOR, TREMPEALEAU, VERNON, VILLAS, WALWORTH, WASHBURN, WAUPACA, WAUSHARA, WINNEBAGO, AND WOOD COUNTIES
Rates Fringes
LABORER Group 1...... $ 33.72 17.95 Group 2...... $ 33.82 17.95 Group 3...... $ 33.87 17.95 Group 4...... $ 34.07 17.95 Group 5...... $ 33.92 17.95 Group 6...... $ 30.35 17.95
LABORER CLASSIFICATIONS
GROUP 1: General Laborer; Tree Trimmer; Conduit Layer; Demolition and Wrecking Laborer; Guard Rail, Fence, and Bridge Builder; Landscaper; Multiplate Culvert Assembler; Stone Handler; Bitminous Worker (Shoveler, Loader, and Utility Man); Batch Truck Dumper or Cement Handler; Bituminous Worker (Dumper, Ironer, Smoother and Tamper); file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Concrete Handler
GROUP 2: Air Tool Operator; Joint Sawer and Filler (Pavement); Vibrator or Tamper Operator (Mechanical Hand Operated); Chain Saw Operator, Demolition Burning Torch Laborer
GROUP 3: Bituminous Worker (Raker and Luteman); Formsetter (Curb, Sidewalk and Pavement); Strike Off Man
GROUP 4: Line and Grade Secialist
GROUP 5: Blaster; powderman
GROUP 6: Flagperson; Traffic Control
------LABO0464-003 06/01/2020
DANE COUNTY
Rates Fringes
LABORER Group 1...... $ 34.00 17.95 Group 2...... $ 34.10 17.95 Group 3...... $ 34.15 17.95 Group 4...... $ 34.35 17.95 Group 5...... $ 34.20 17.95 Group 6...... $ 30.35 17.95
LABORERS CLASSIFICATIONS:
GROUP 1: General Laborer; Tree Trimmer; Conduit Layer; Demolition and Wrecking Laborer; Guard Rail, Fence, and Bridge Builder; Landscaper; Multiplate Culvert Assembler; Stone Handler; Bituminous Worker (Shoveler, Loader, and Utility Man); Batch Truck Dumper or Cement Handler; Bituminious Worker (Dumper, Ironer, Smoother, and Tamper); Concrete Handler
GROUP 2: Air Tool Operator; Joint Sawer and Filler (Pavement); Vibrator or Tamper Operator (Mechanical Hand Operated); Chain Saw Operator; Demolition Burning Torch Laborer
GROUP 3: Bituminous Worker (Raker and Luteman); Formsetter (Curb, Sidewalk, and Pavement); Strike Off Man
GROUP 4: Line and Grade Specialist
GROUP 5: Blaster; Powderman
GROUP 6: Flagperson and Traffic Control Person file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] ------PAIN0106-008 05/01/2017
ASHLAND, BAYFIELD, BURNETT, AND DOUGLAS COUNTIES
Rates Fringes
Painters: New: Brush, Roller...... $ 30.33 17.27 Spray, Sandblast, Steel....$ 30.93 17.27 Repaint: Brush, Roller...... $ 28.83 17.27 Spray, Sandblast, Steel....$ 29.43 17.27 ------PAIN0108-002 06/01/2019
RACINE COUNTY
Rates Fringes
Painters: Brush, Roller...... $ 36.08 20.36 Spray & Sandblast...... $ 37.08 20.36 ------PAIN0259-002 05/01/2008
BARRON, CHIPPEWA, DUNN, EAU CLAIRE, PEPIN, PIERCE, POLK, RUSK, SAWYER, ST. CROIX, AND WASHBURN COUNTIES
Rates Fringes
PAINTER...... $ 24.11 12.15 ------PAIN0259-004 05/01/2015
BUFFALO, CRAWFORD, JACKSON, LA CROSSE, MONROE, TREMPEALEAU, AND VERNON COUNTIES
Rates Fringes
PAINTER...... $ 22.03 12.45 ------PAIN0781-002 06/01/2019
JEFFERSON, MILWAUKEE, OZAUKEE, WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
Painters: Bridge...... $ 33.30 23.86 file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Brush...... $ 32.95 23.86 Spray & Sandblast...... $ 33.70 23.86 ------PAIN0802-002 06/01/2019
COLUMBIA, DANE, DODGE, GRANT, GREEN, IOWA, LAFAYETTE, RICHLAND, ROCK, AND SAUK COUNTIES
Rates Fringes
PAINTER Brush...... $ 30.93 18.44
PREMIUM PAY: Structural Steel, Spray, Bridges = $1.00 additional per hour.
------PAIN0802-003 06/01/2019
ADAMS, BROWN, CALUMET, CLARK, DOOR, FOND DU LAC, FOREST, GREEN LAKE, IRON, JUNEAU, KEWAUNEE, LANGLADE, LINCOLN, MANITOWOC, MARATHON, MARINETTE, MARQUETTE, MENOMINEE, OCONTO, ONEIDA, OUTAGAMIE, PORTAGE, PRICE, SHAWANO, SHEBOYGAN, TAYLOR, VILAS, WAUSHARA, WAUPACA, WINNEBAGO, AND WOOD COUNTIES
Rates Fringes
PAINTER...... $ 30.93 18.58 ------PAIN0934-001 06/01/2017
KENOSHA AND WALWORTH COUNTIES
Rates Fringes
Painters: Brush...... $ 33.74 18.95 Spray...... $ 34.74 18.95 Structural Steel...... $ 33.89 18.95 ------PAIN1011-002 06/02/2019
FLORENCE COUNTY
Rates Fringes
Painters:...... $ 25.76 13.33 ------PLAS0599-010 06/01/2017
Rates Fringes file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] CEMENT MASON/CONCRETE FINISHER Area 1...... $ 39.46 17.17 Area 2 (BAC)...... $ 35.07 19.75 Area 3...... $ 35.61 19.40 Area 4...... $ 34.70 20.51 Area 5...... $ 36.27 18.73 Area 6...... $ 32.02 22.99
AREA DESCRIPTIONS
AREA 1: BAYFIELD, DOUGLAS, PRICE, SAWYER, AND WASHBURN COUNTIES
AREA 2: ADAMS, ASHLAND, BARRON, BROWN, BURNETT, CALUMET, CHIPPEWA, CLARK, COLUMBIA, DODGE, DOOR, DUNN, FLORENCE, FOND DU LAC, FOREST, GREEN LAKE, IRON, JEFFERSON, KEWAUNEE, LANGLADE, LINCOLN, MANITOWOC, MARATHON, MARINETTE, MARQUETTE, MENOMINEE, OCONTO, ONEIDA, OUTAGAMIE, POLK, PORTAGE, RUSK, ST CROIX, SAUK, SHAWANO, SHEBOYGAN, TAYLOR, VILAS, WALWORTH, WAUPACA, WAUSHARA, WINNEBAGO, AND WOOD COUNTIES
AREA 3: BUFFALO, CRAWFORD, EAU CLAIRE, JACKSON, JUNEAU, LA CROSSE MONROE, PEPIN, PIERCE, RICHLAND, TREMPEALEAU, AND VERNON COUNTIES
AREA 4: MILWAUKEE, OZAUKEE, WASHINGTON, AND WAUKESHA COUNTIES
AREA 5: DANE, GRANT, GREEN, IOWA, LAFAYETTE, AND ROCK COUNTIES
AREA 6: KENOSHA AND RACINE COUNTIES
------PLUM0011-003 05/07/2018
ASHLAND, BAYFIELD, BURNETT, DOUGLAS, IRON, SAWYER, AND WASHBURN COUNTIES
Rates Fringes
PLUMBER...... $ 40.63 20.72 ------PLUM0075-002 06/01/2016
MILWAUKEE, OZAUKEE, WASHINGTON, AND WAUKESHA COUNTIES
Rates Fringes
PLUMBER...... $ 40.27 21.47 ------file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] PLUM0075-004 06/01/2016
DODGE (Watertown), GREEN, JEFFERSON, LAFAYETTE, AND ROCK COUNTIES
Rates Fringes
PLUMBER...... $ 40.52 21.47 ------PLUM0075-009 06/01/2016
COLUMBIA, DANE, IOWA, MARQUETTE, RICHLAND AND SAUK COUNTIES
Rates Fringes
PLUMBER...... $ 38.82 20.12 ------PLUM0111-007 05/28/2018
MARINETTE COUNTY (Niagara only)
Rates Fringes
PLUMBER/PIPEFITTER...... $ 33.33 24.48 ------PLUM0118-002 06/01/2020
KENOSHA, RACINE, AND WALWORTH COUNTIES
Rates Fringes
Plumber and Steamfitter...... $ 43.95 24.35 ------PLUM0400-003 06/04/2018
ADAMS,BROWN, CALUMET, DODGE (except Watertown), DOOR, FOND DU LAC, GREEN LAKE,KEWAUNEE, MANITOWOC, MARINETTE (except Niagara), MENOMINEE, OCONTO, OUTAGAMIE, SHAWANO, SHEBOYGAN, WAUPACA, WAUSHARA, AND WINNEBAGO COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...... $ 36.74 19.06 ------PLUM0434-002 05/31/2020
BARON, BUFFALO, CHIPPEWA, CLARK, CRAWFORD, DUNN, EAU CLAIRE, FLORENCE, FOREST, GRANT, JACKSON, JUNEAU, LA CROSSE, LANGLADE, LINCOLN, MARATHON, MONROE, ONEIDA, PEPIN, PIERCE, POLK, PORTAGE, PRICE, RUSK, ST. CROIX, TAYLOR, TREMPEALEAU, VERNON, VILAS, AND WOOD COUNTIES
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] Rates Fringes
PIPEFITTER...... $ 42.70 20.47 ------PLUM0601-003 06/01/2020
DODGE (Watertown), GREEN, JEFFERSON, LAFAYETTE, MILWAUKEE, OZAUKEE, ROCK, WASHINGTON AND WAUKESHA COUNTIES
Rates Fringes
PIPEFITTER...... $ 47.79 26.57 ------PLUM0601-009 06/01/2020
COLUMBIA, DANE, IOWA, MARQUETTE, RICHLAND AND SAUK COUNTIES
Rates Fringes
PIPEFITTER...... $ 49.53 24.82 ------TEAM0039-002 06/01/2020
Rates Fringes
TRUCK DRIVER 1 & 2 Axle Trucks...... $ 31.07 22.94 3 or more axles; Euclids or Dumptor, Articulated Truck, Mechanic...... $ 31.22 22.94 ------SUWI2011-001 11/16/2011
Rates Fringes
WELL DRILLER...... $ 16.52 ------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
======
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
------
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
======
END OF GENERAL DECISION"
file:///w3027s02/...0OLT%20Zipline/06-Bidding%20Phase/WisDOT%20insert/11-Federal%20wages%20Davis%20Bacon%2005-14-21.txt[6/16/2021 11:34:54 AM] March 2017 NOTICE TO BIDDERS WAGE RATE DECISION
The wage rate decision of the Department of Labor which has been incorporated in these advertised specifications is incomplete in that the classifications may be omitted from the Department of Labor's decision.
Since the bidder is responsible, independently, for ascertaining area practice with respect to the necessity, or lack of necessity, for the use of these classifications in the prosecution of the work contemplated by this project, no inference may be drawn from the omission of these classifications concerning prevailing area practices relative to their use. Further, this omission will not, per se, be construed as establishing any governmental liability for increased labor cost if it is subsequently determined that such classifications are required.
There may be omissions and/or errors in the federal wage rates. The bidder is responsible for evaluating and determining the correct applicable rate.
If a project includes multiple types of construction (highway, bridge over navigable water, sanitary sewer and water main, building) and there is not a separate wage determination for this type of work included in the proposal, use the wage determination that is in the proposal.
Page 1 of 1 March 2010
LIST OF SUBCONTRACTORS Section 66.0901(7), Wisconsin Statutes, provides that as a part of the proposal, the bidder also shall submit a list of the subcontractors the bidder proposes to contract with and the class of work to be performed by each. In order to qualify for inclusion in the bidder's list a subcontractor shall first submit a bid in writing, to the general contractor at least 48 hours prior to the time of the bid closing. The list may not be added to or altered without the written consent of the municipality. A proposal of a bidder is not invalid if any subcontractor and the class of work to be performed by the subcontractor has been omitted from a proposal; the omission shall be considered inadvertent or the bidder will perform the work personally.
No subcontract, whether listed herein or later proposed, may be entered into without the written consent of the Engineer as provided in Subsection 108.1 of the Standard Specifications.
Name of Subcontractor Class of Work Estimated Value
Effective with November 2007 Letting
PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder, signing and submitting this proposal, agrees and declares as a condition thereof, to be bound by the following conditions and requirements.
If the bidder has a corporate relationship with the proposal design engineering company, the bidder declares that it did not obtain any facts, data, or other information related to this proposal from the design engineering company that was not available to all bidders.
The bidder declares that they have carefully examined the site of, and the proposal, plans, specifications and contract forms for the work contemplated, and it is assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, special provisions and contract. It is mutually agreed that submission of a proposal shall be considered conclusive evidence that the bidder has made such examination.
The bidder submits herewith a proposal guaranty in proper form and amount payable to the party as designated in the advertisement inviting proposals, to be retained by and become the property of the owner of the work in the event the undersigned shall fail to execute the contract and contract bond and return the same to the office of the engineer within fourteen (14) days after having been notified in writing to do so; otherwise to be returned.
The bidder declares that they understand that the estimate of quantities in the attached schedule is approximate only and that the attached quantities may be greater or less in accordance with the specifications.
The bidder agrees to perform the said work, for and in consideration of the payment of the amount becoming due on account of work performed, according to the unit prices bid in the following schedule, and to accept such amounts in full payment of said work.
The bidder declares that all of the said work will be performed at their own proper cost and expense, that they will furnish all necessary materials, labor, tools, machinery, apparatus, and other means of construction in the manner provided in the applicable specifications and the approved plans for the work together with all standard and special designs that may be designed on such plans, and the special provisions in the contract of which this proposal will become a part, if and when accepted. The bidder further agrees that the applicable specifications and all plans and working drawings are made a part hereof, as fully and completely as if attached hereto.
The bidder, if awarded the contract, agrees to begin the work not later than ten (10) days after the date of written notification from the engineer to do so, unless otherwise stipulated in the special provisions.
1 of 2 The bidder declares that if they are awarded the contract, they will execute the contract agreement and begin and complete the work within the time named herein, and they will file a good and sufficient surety bond for the amount of the contract for performance and also for the full amount of the contract for payment.
The bidder, if awarded the contract, shall pay all claims as required by Section 779.14, Statutes of Wisconsin, and shall be subject to and discharge all liabilities for injuries pursuant to Chapter 102 of the Statutes of Wisconsin, and all acts amendatory thereto. They shall further be responsible for any damages to property or injury to persons occurring through their own negligence or that of their employees or agents, incident to the performance of work under this contract, pursuant to the Standard Specifications for Road and Bridge Construction applicable to this contract.
In connection with the performance of work under this contract, the contractor agrees to comply with all applicable state and federal statutes relating to non-discrimination in employment. No otherwise qualified person shall be excluded from employment or otherwise be subject to discrimination in employment in any manner on the basis of age, race, religion, color, gender, national origin or ancestry, disability, arrest or conviction record (in keeping with s.111.32), sexual orientation, marital status, membership in the military reserve, honesty testing, genetic testing, and outside use of lawful products. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor further agrees to ensure equal opportunity in employment to all applicants and employees and to take affirmative action to attain a representative workforce.
The contractor agrees to post notices and posters setting forth the provisions of the nondiscrimination clause, in a conspicuous and easily accessible place, available for employees and applicants for employment.
If a state public official (section 19.42, Stats.) or an organization in which a state public official holds at least a 10% interest is a party to this agreement, this contract is voidable by the state unless appropriate disclosure is made to the State of Wisconsin Ethics Board.
2 of 2
DECEMBER 2000
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective contractor is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government the department may terminate this transaction for cause or default.
4. The prospective contractor shall provide immediate written notice to the department to whom this proposal is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective contractor agrees by submitting this proposal that, should this contract be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department entering into this transaction.
7. The prospective contractor further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," which is included as an addendum to PR- 1273 - "Required Contract Provisions Federal Aid Construction Contracts," without Page 1 of 2
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. The contractor may rely upon a certification of a prospective subcontractor/materials supplier that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A contractor may decide the method and frequency by which it determines the eligibility of its principals. Each contractor may, but is not required to, check the Disapproval List (telephone # 608/266/1631).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
(1) The prospective contractor certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offense enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal. Page 2 of 2 P698-19613
END SECTION 00850
\\W3027S02\DPPI-PROJECTS$\P529 - OLT BENDER\06-BIDDING PHASE\SPECS\FRONT-END\CONTREQR\00850.DOC P698-19613 SECTION 01100 SUMMARY
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Contract description.
B. Construction Conditions
C. Contractor's use of site and premises.
D. Work sequence.
E. Owner occupancy.
1.2 CONTRACT DESCRIPTION
A. Work of the Project consists of removing existing asphalt surface and providing new asphalt surface, culvert pipe and trail signs.
B. Perform Work of Contract under unit price contract with Owner in accordance with Conditions of Contract.
C. Work of each separate Contract is identified in the following specification sections and on Drawings.
D. The current edition of Part 1 of the WisDOT Standard Specification for Highway and Structure Construction will be a part of this contract and will govern the work on this contract. If there is any conflict between Part 1 of the WisDOT Standard Specifications and the Sponsor’s specifications, then the stricter of the two shall apply. Furthermore, references to WisDOT personnel or positions will be interpreted as a reference to the applicable Sponsor’s personnel or positions. Part 1 language that solely refers to WisDOT State let procedures would not apply. E.
F. Milwaukee County will furnish the Agreement form for signatures and bonding. Agreement forms may be reviewed in Architecture, Engineering & Environmental Services Section, Milwaukee County, 633 W. Wisconsin Ave., Suite 1000, Milwaukee, WI 53203.
G. Owner will award a single Prime Contract as follows:
Contract 1 – Pedestrian Trail Reconstruction
1.3 CONSTRUCTION CONDITIONS
A. Information pertaining to preliminary investigations appears on Drawings. While data has been collected with reasonable care, there is no expressed or implied guarantee that conditions indicated are entirely representative of those actually existing or that unanticipated developments may not occur.
B. Contractor, Subcontractor, Erector, or Supplier shall take into account existing and working conditions relating to execution of their work. Neglect of this requirement shall not be cause for additional compensation.
01100 - 1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01100 - OLT Greenfield.doc 4/20 C. Contractor shall field verify pre-existing conditions and notify Architect/Engineer of any and all discrepancies between construction documents and field conditions.
D. Hazardous materials are not anticipated to be within the existing construction area. However, if hazardous materials are discovered, coordinate removal of hazardous materials with Owner in compliance with hazardous materials procedures and regulations. Designated removal of hazardous materials, including asbestos shall be coordinated with Owner’s hazardous material remediation contractor, who will dispose of materials containing hazardous substances.
1.4 CONTRACTOR'S USE OF SITE AND PREMISES
A. Limit use of site and premises to allow: 1. Owner occupancy: Greenfield Park Golf Course will remain open as well as North/South Oak Leaf Trail connection. 2. Work by Others and/or Work by Owner.
B. Contractor shall follow approved COVID-19 Safety Protocol Plan and submit the following to Owner in addition to Contractor’s COVID-19 Safety Protocol Plan: 1. COVID - 19 Virus Daily Screening Form. 2. Any additional COVID-19 Safety Protocol information requested by Owner including but not limited to COVID-19 Response Plan Check List Items.
C. Access to Site: Construction vehicles to travel along designated route as directed by Milwaukee County Parks.
D. Construction Operations: Limited to areas noted on Drawings and approved by Engineer and Owner. Contractor shall keep equipment within project limits.
E. Utility Outages and Shutdown: All equipment and utility shutdown shall be approved by Owner and Engineer a minimum of 48 hours before any equipment or utility is shutdown.
F. Contractor shall notify Diggers Hotline in accordance with State laws and requirements. Contractor shall also notify Milwaukee County and other private utilities not included in the Diggers Hotline.
G. Provide dust, dirt, and debris control. Remove demolished material from Owner's property as soon as possible, and no later than end of each week. Remove loose debris or place in covered dumpsters at end of each workday.
H. Use rubber-tired equipment for transporting materials and equipment on paved surfaces, on roof and within building. Do not exceed floor and roof load capacities.
I. Access to work areas shall be as directed by Owner.
J. Confine equipment, storage of materials, and operations of workers to limits indicated and as directed.
K. Owner assumes no responsibility for damage or loss due to storing of materials and equipment.
L. Vehicles shall travel at posted speed limits. Keep roads and pavement clean of dirt and debris. If aprons, pavement and roads are not kept clean, Owner will clean pavement and charge cost against Contractor's Contract.
M. Delivery and movement of materials and equipment:
01100 - 2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01100 - OLT Greenfield.doc 4/20 1. Move materials and equipment in and out of site as directed by Owner and with minimum interference with regular use of site. 2. It is the responsibility of each Contractor and Subcontractor to arrange for delivery of materials and equipment to place of installation and for removal of surplus and debris.
N. Coordinate and cooperate with Owner. Schedule work with Owner at pre-arranged times. In some areas, Owner will require advance notice; verify these areas with Owner.
O. Enforce among workers directly or indirectly employed on project to respect privacy, refrain from use of foul or abusive language, etc., and follow other rules which Owner may stipulate for conduct of workers.
P. Contractors and their employees shall check in and out daily with Owner and as requested. Always secure, guard and account for materials, equipment, tools, etc. Report missing materials, equipment, tools, etc., to Owner immediately. Failure to abide by Owner's regulations will be cause for dismissal.
Q. Contractor shall follow all requirements set forth in the WisDOT, WDNR, USACE and any other local municipal permit conditions and requirements.
1.5 WORK SEQUENCE
A. Construct Work in phases to accommodate Owner's requirements during construction period, coordinate construction schedule, phasing of work, and operations with Parks operations staff and Engineer. Contractor shall provide detour that will direct the public as required and approved by Owner. 1. Trails not impacted by construction must be accessible each day and on weekends as required by Owner for vehicles and pedestrians. 2. Coordinate approved sequence of all required operations with Owner and Engineer prior to commencing any work. 3. All work schedules shall be reviewed and approved by Engineer and Parks staff.
1.6 OWNER OCCUPANCY
A. The Owner will occupy the premises during the construction. Stage and Phase construction for the conduct of normal operations as required and approved by Owner. Greenfield Golf Course will remain open as well as North/South Oak Leaf Trail connection.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.
C. Schedule the Work to accommodate Owner occupancy.
D. Use adequate protection, such as temporary enclosures, security etc., so that the intended use of the existing facilities may continue during construction.
E. Adhere to Owner's policy and safety and security regulations when performing work on or within existing facilities.
F. When work is performed in Owner occupied areas, these areas shall be left in clean, dust and dirt-free condition, including removal of tools, material, and equipment at the end of each work day. 1. Keep public areas clean. If public areas are not kept clean, Owner will clean these areas and deduct cost from Contract.
01100 - 3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01100 - OLT Greenfield.doc 4/20
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION - Not Used.
END OF SECTION
01100 - 4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01100 - OLT Greenfield.doc 4/20 P698-19613 SECTION 01200 PRICE AND PAYMENT PROCEDURES
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Schedule of values.
B. Applications for payment.
C. Change procedures.
D. Defect assessment.
E. Unit prices.
1.2 SCHEDULE OF VALUES
A. Submit a printed schedule on Milwaukee County approved form.
B. Format: Schedule of Values shall be the Unit Price and Lump Sum Bid items in Contract Bid Form.
C. Include within each line item a direct proportional amount of Contractor's overhead and profit.
D. Revise schedule to list approved Change Orders with each Application For Payment.
1.3 APPLICATIONS FOR PAYMENT
A. Submit 1 original of each application on Milwaukee County approved form.
B. Content and Format: Use Schedule of Values for listing items in Application for Payment.
C. Payment Period: Monthly.
D. Submit with transmittal letter as specified for Submittals in Section 01330.
E. Include Payroll and DBE Documentation required by Owner.
F. Substantiating Data: When Engineer requires substantiating information, submit data justifying dollar amounts in question. Include the following with the application: 1. Partial release of liens from major subcontractors and vendors. 2. Record documents as specified in Section 01700, for review by Owner which will be returned to Contractor. 3. Affidavits attesting to off-site stored products. 4. Construction progress schedules, revised and current as specified in Section 01330.
1.4 CHANGE PROCEDURES
A. Submittals: Submit name of the individual authorized to receive change documents and be responsible for informing others in Contractor's employ or Subcontractors of changes to Work.
01200-1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01200 - OLT Greenfield.doc 11/16 B. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time by issuing supplemental instructions on Milwaukee County approved form.
C. The Engineer may issue a Notice of Change which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 5 days.
D. Contractor may propose changes by submitting a request for change to Engineer, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other Contractors. Document requested substitutions in accordance with Section 01600.
E. Stipulated Change Order: Based on Notice of Change and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Engineer.
F. Unit Price Change Order: For contract unit prices and quantities, Change Order will be executed on a fixed unit price basis. For unit costs or quantities of units of work that are not pre-determined, execute Work under a Work Directive Change. Changes in Contract Price or Contract Time will be computed as specified for Force Account Change Order.
G. Work Directive Change: Engineer may issue a directive, on Work Directive Change signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining change in Contract Price or Contract Time. Promptly execute change.
H. Force Account Change Order: Submit itemized account and supporting data after completion of change, within time limits indicated in Conditions of the Contract. Engineer will determine change allowable in Contract Price and Contract Time as provided in Contract Documents.
I. Maintain detailed records of work done on Force Account basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work.
J. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation.
K. Change Order Forms: WisDOT Sponsor’s Guide Contract Modification form. Sample forms included in Section 00800 Exhibit A.
L. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. The Change Order must be approved by WisDOT prior to work commencing.
M. Correlation of Contractor Submittals: 1. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price.
01200-2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01200 - OLT Greenfield.doc 11/16 2. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust times for other items of work affected by the change, and resubmit. 3. Promptly enter changes in Project Record Documents.
1.5 DEFECT ASSESSMENT
A. Replace Work, or portions of Work, not conforming to specified requirements.
B. If, in the opinion of Engineer, it is not practical to remove and replace Work, Engineer will direct one of the following remedies: 1. Defective Work may remain, but unit sum/price will be adjusted to a new sum/price at discretion of Engineer. 2. Defective Work will be partially repaired to instructions of Engineer, and unit sum/price will be adjusted to a new sum/price at discretion of the Engineer.
C. Individual specification sections may modify these options or identify a specific formula or percentage price reduction.
D. Authority of Engineer to assess defect and identify payment adjustment, is final.
E. Non-Payment For Rejected Products: Payment will not be made for rejected products for the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond lines and levels of required Work. 5. Products remaining on hand after completion of Work. 6. Loading, hauling, and disposing of rejected products.
1.6 UNIT PRICES
A. Authority: Measurement methods are delineated in the individual specification sections.
B. Measurement methods delineated in the individual specification sections complement the criteria of this section. In the event of conflict, the requirements of the individual specification section govern.
C. Take measurements and compute quantities. Engineer will verify measurements and quantities.
D. Assist by providing necessary equipment, workers, and survey personnel as required.
C. Unit Quantities: Quantities and measurements indicated in Bid Form are for Bidding and Contract purposes only. Quantities and measurements supplied or placed in the Work shall determine payment. Actual quantities provided shall determine payment. 1. If the actual Work requires more or fewer quantities than those indicated, provide required quantities at the unit prices contracted. 2. If the actual Work requires a 25 percent or greater change in quantity than those quantities indicated, Owner or Contractor may claim for a Contract Price adjustment if the Unit Price Work amounts to 5 percent or more of the Contract Price and meets the requirements as noted in the Supplementary Conditions.
E. Payment Includes: Full compensation for required labor, products, tools, equipment, plant and facilities, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit.
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F. Final payment for Work governed by unit prices will be made on basis of actual measurements and quantities accepted by Engineer multiplied by unit price for Work that is incorporated in or made necessary by the Work.
G. Measurement Of Quantities: 1. Weigh Scales: Inspected, tested and certified by State of Wisconsin Weights and Measures Department within past year. 2. Platform Scales: Of sufficient size and capacity to accommodate the conveying vehicle. 3. Metering Devices: Inspected, tested and certified by the applicable State of Wisconsin department within past year. 4. Measurement by Weight: Concrete reinforcing steel, rolled or formed steel or other metal shapes will be measured by handbook weights. Welded assemblies will be measured by handbook or scale weight. 5. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness. 6. Measurement by Area: Measured by square dimension using mean length and width or radius. 7. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. 8. Stipulated Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed item or unit of the Work.
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION - Not Used.
END OF SECTION
01200-4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01200 - OLT Greenfield.doc 11/16 P698-19613 SECTION 01300 ADMINISTRATIVE REQUIREMENTS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Coordination and project conditions.
B. Preconstruction meeting.
C. Progress meetings.
D. Preinstallation meetings.
1.2 COORDINATION AND PROJECT CONDITIONS
A. Coordinate scheduling, submittals, and Work of various sections of Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.
B. Coordinate space requirements and Word which are indicated diagrammatically on Drawings.
C. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy.
D. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities.
1.3 PRECONSTRUCTION MEETING
A. Engineer will schedule a meeting after Notice to Proceed.
B. Attendance Required: Owner, Engineer, Owner's Field Representative, WisDOT, and Contractor.
C. Agenda: 1. Distribution of Contract Documents. 2. Submission of list of Subcontractors, list of Products, Schedule of Values, progress schedule and phasing schedule. 3. Designation of personnel representing the parties in Contract and the Engineer. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 5. Scheduling activities. 6. Use of premises by Owner and Contractor. 7. Owner's requirements and occupancy. 8. Construction facilities and controls provided by Owner. 9. Temporary utilities provided by Owner. 10. Survey and layout. 11. Security and housekeeping procedures. 12. Procedures for testing. 13. Procedures for maintaining record documents.
01300-1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01300 - OLT Greenfield based on Crestwood Stream Culvert.doc11/15 D. Engineer will record minutes and distribute copies to participants, and those affected by decisions made.
1.4 PROGRESS MEETINGS
A. Engineer will make arrangements for meetings as required.
B. Attendance Required: Job superintendent, major subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting.
C. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Review erosion control. 4. Field observations, problems, and decisions. 5. Identification of problems that impede planned progress. 6. Review of submittals schedule and status of submittals. 7. Review of off-site fabrication and delivery schedules. 8. Maintenance of progress schedule. 9. Corrective measures to regain projected schedules. 10. Planned progress during succeeding work period. 11. Coordination of projected progress. 12. Maintenance of quality and work standards. 13. Effect of proposed changes on progress schedule and coordination. 14. Other business relating to Work.
E. Contractor shall record minutes and distribute copies to participants and those affected by decisions made. Engineer shall approve minutes for accuracy and completeness prior to distribution.
PART 2 PRODUCTS - Not used
PART 3 EXECUTION
3.1 SPECIAL PROCEDURES
A. Materials: As specified in product sections with new products. Match existing materials with new products and salvaged products for patching and extending work as approved by Engineer.
B. Employ skilled and experienced installer to perform alteration work.
C. Cut, move, or remove items as necessary for access to alterations and renovation Work. Replace and restore at completion.
D. Remove unsuitable material not marked for salvage, such as rotted wood, corroded metals, and deteriorated masonry and concrete. Replace materials as specified for finished Work.
E. Remove, cut, and patch Work in a manner to minimize damage and to provide means of restoring products and finishes to specified condition.
F. Where new Work abuts or aligns with existing, provide a smooth and even transition. Patch Work to match existing adjacent Work in texture and appearance.
01300-2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01300 - OLT Greenfield based on Crestwood Stream Culvert.doc11/15 G. When finished surfaces are cut so that a smooth transition with new Work is not possible, terminate existing surface along a straight line at a natural line of division and submit recommendation to Engineer for review.
H. Where a change of plane of 1/4 inch or more occurs, submit recommendation for providing a smooth transition to Engineer for review or request instructions from Engineer.
END OF SECTION
01300-3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01300 - OLT Greenfield based on Crestwood Stream Culvert.doc11/15 P698-19613 SECTION 01330 SUBMITTAL PROCEDURES
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Submittal procedures.
B. Construction progress schedules.
C. Proposed products list.
D. Product data.
E. Shop drawings.
F. Samples.
G. Design data.
H. Test reports.
I. Certificates.
J. Manufacturer's instructions.
K. Manufacturer's field reports.
1.2 SUBMITTAL PROCEDURES
A. Transmit each submittal with Milwaukee County approved form.
B. Sequentially number transmittal form. Mark revised submittals with original number and sequential alphabetic suffix.
C. Identify Project, Contractor, subcontractor and supplier; pertinent Drawing and detail number, and specification Section number, as appropriate to submittal.
D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with requirements of Work and Contract Documents.
E. Schedule submittals to expedite Project, and deliver to Engineer at business address. Coordinate submission of related items.
F. For each submittal for review, allow 7 calendar days excluding delivery time to and from Contractor.
G. Identify variations from Contract Documents and product or system limitations that may be detrimental to successful performance of completed Work.
H. Provide space for Contractor and Engineer review stamps.
I. When revised for resubmission, identify changes made since previous submission.
01330 - 1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01330 - OLT Greenfield based on Crestwood Stream Culvert.docx 10/17 J. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report inability to comply with requirements.
K. Submittals not requested will not be recognized or processed.
1.3 CONSTRUCTION PROGRESS SCHEDULES
A. Contractor shall prepare and be responsible for construction schedule.
B. Owner will not process payment requests for failure to coordinate and cooperate with Contractor's scheduling duties.
C. Submit initial schedules within 10 days after date established in Notice to Proceed. After review, resubmit required revised data within 10 days.
D. Submit revised Progress Schedules with each Application for Payment.
E. Distribute copies of reviewed schedules to Project site file, subcontractors, suppliers, and other concerned parties.
F. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in schedules.
G. Submit Owner approved Microsoft Project generated horizontal bar chart with separate line for each major portion of Work or operation, identifying first work day of each week. Submit on Owner approved electronic media.
H. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate early and late start, early and late finish, float dates, and duration.
I. Indicate estimated percentage of completion for each item of Work at each submission.
J. Submit separate schedule of submittal dates for shop drawings, product data, and samples, and dates reviewed submittals will be required from Engineer.
K. Revisions To Schedules: 1. Indicate progress of each activity to date of submittal, and projected completion date of each activity. 2. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 3. Prepare narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect including effect of changes on schedules of separate contractors.
L. If Contractor fails to submit schedules for review and monthly updated schedules, Owner will not process Application for Payment until construction schedule requirements are met.
1.4 PROPOSED PRODUCTS LIST
A. Within 10 days after date of Notice to Proceed, submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product.
B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.
01330 - 2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01330 - OLT Greenfield based on Crestwood Stream Culvert.docx 10/17
1.5 PRODUCT DATA
A. Submit to Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. Provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes described in Section 01700.
B. Submit electronic submission in pdf format.
C. Mark each to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project.
D. After review, distribute in accordance with Submittal Procedures article above and provide copies for record documents described in Section 01700.
1.6 SHOP DRAWINGS
A. Submit to Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. Produce copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes described in Section 01700.
B. Submit electronic submission in pdf format.
1.7 SAMPLES
A. Submit to Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. Produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes described in Section 01700.
B. Samples for Selection as Specified in Product Sections: 1. Submit to Engineer for aesthetic, color, or finish selection. 2. Submit samples of finishes from full range of manufacturers' colors, textures, and patterns for Engineer selection. 3. After review, produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes described in Section 01700.
C. Submit samples to illustrate functional and aesthetic characteristics of Products, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.
D. Include identification on each sample, with full Project information.
E. Submit number of samples specified in individual specification sections; Architect/Engineer will retain 1 sample.
F. Reviewed samples which may be used in the Work are indicated in individual specification sections.
G. Samples will not be used for testing purposes unless specifically stated in specification section.
1.8 DESIGN DATA
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A. Submit for Engineer's knowledge as contract administrator or for Owner.
B. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents.
1.9 TEST REPORTS
A. Submit for Engineer's knowledge as contract administrator or for Owner.
B. Submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents.
1.10 CERTIFICATES
A. When specified in individual specification sections, submit certification by manufacturer, installation/application subcontractor, or Contractor to Engineer, in quantities specified for Product Data.
B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer.
1.11 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, to Engineer for delivery to Owner in quantities specified for Product Data.
B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation.
1.12 MANUFACTURER'S FIELD REPORTS
A. Submit reports for Engineer's benefit as contract administrator or for Owner.
B. Submit report in duplicate within 30 days of observation to Engineer for information.
C. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents.
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION - Not Used. See Submittal Form on next page.
01330 - 4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01330 - OLT Greenfield based on Crestwood Stream Culvert.docx 10/17
SECTION 01330 REQUIRED SUBMITTALS
PROJECT: Greenfield Park Oak Leaf Trail – 124th Street to West Allis Trail Connection PROJECT NO: P698-19613
CONTRACTOR: CONSTRUCTION COORDINATOR:
SECTION- SECTION-SHEET TITLE & O & M DATE DATE DATE TO DATE COMMENTS SHEET # DESCRIPTION OF SUBMITTAL INCL. SCHEDULED RECEIVED DESIGNER RETURNED 02211 Samples: 10-pound sample of each type of fill
02722 Sewer Pipe Manufacturer’s Certificate
02740 Submit copies of mix design test results.
02924 Topsoil: Provide data on imported topsoil. Imported topsoil shall be tested as specified to verify compliance with specified requirements. The testing results shall include recommended fertilizer application rates. Seed: Provide data on seed mixture showing name of seed supply company and percentage of seed mix. Fertilizer: Provide data on fertilizer showing type, manufacturer, and composition. Herbicides/pesticides: Provide data on any herbicides/pesticides to be used. Mulch: Provide data on mulch including supplier and assurance that mulch is free of weed seeds. Sample of topsoil proposed – send to testing lab
END OF SECTION
01330 - 5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01330Form - OLT Greenfield.docx 8/19 P698-19613 SECTION 01400 QUALITY REQUIREMENTS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Quality control and control of installation.
B. Tolerances
C. References.
D. Testing and inspection services.
E. Manufacturers' field services.
1.2 QUALITY CONTROL AND CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.
B. Comply with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding.
D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.
E. Perform Work by persons qualified to produce required and specified quality.
F. Verify that field measurements are as indicated.
G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement.
1.3 TOLERANCES
A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate.
B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Engineer before proceeding.
C. Adjust products to appropriate dimensions; position before securing products in place.
1.4 REFERENCES
A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.
B. Conform to reference standard by date of issue current on date for receiving bids, except where a specific date is established by code.
01400-1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01400 - OLT Greenfield based on Crestwood Stream Culvert.doc2/19 C. Obtain copies of standards where required by product specification sections.
D. Should specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding.
E. Neither contractual relationships, duties nor responsibilities of parties in Contract or Engineer shall be altered from Contract Documents by mention or inference otherwise in reference document.
1.5 TESTING AND INSPECTION SERVICES
A. Owner will employ and pay for specified services of an independent firm to perform testing and inspection unless otherwise specified or indicated in project documents.
B. Independent firm will perform tests, inspections and other services specified in individual specification sections and as required by the Engineer.
C. Testing, inspections and source quality control may occur on or off the project site. Perform off-site testing as required by the Engineer or the Owner. 1. Imported soil and fill may require testing for contamination. These tests may include, but are not limited to, volatile organic compounds (VOCs), polycyclic aromatic hydrocarbons (PAHs), and metals.
D. Reports will be submitted by the independent firm to the Engineer indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents.
E. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Engineer and independent firm 48 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use.
F. Testing and employment of testing agency or laboratory shall not relieve Contractor of obligation to perform Work in accordance with requirements of Contract Documents.
G. Re-testing or re-inspection required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by Engineer. Payment for re-testing or re-inspection will be charged to Contractor by deducting testing charges from Contract Price.
H. Agency Responsibilities: 1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements of Contract Documents. 5. Promptly notify Engineer and Contractor of observed irregularities or non- conformance of Work or products. 6. Perform additional tests required by Engineer. 7. Attend preconstruction meetings and progress meetings.
01400-2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01400 - OLT Greenfield based on Crestwood Stream Culvert.doc2/19 I. Agency Reports: After each test, copies of report will be provided to Engineer and to Contractor. When requested by Engineer, agency will provide interpretation of test results. Include the following: 1. Date issued. 2. Project title and number. 3. Name of inspector. 4. Date and time of sampling or inspection. 5. Identification of product and specifications section. 6. Location in the Project. 7. Type of inspection or test. 8. Date of test. 9. Results of tests. 10. Conformance with Contract Documents.
J. Limits On Testing Authority: 1. Agency or laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency or laboratory may not approve or accept portion of the Work. 3. Agency or laboratory may not assume duties of Contractor. 4. Agency or laboratory has no authority to stop Work.
1.6 MANUFACTURERS' FIELD SERVICES
A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, test and adjust as applicable, and to initiate instructions when necessary.
B. Submit qualifications of observer to Engineer 30 days in advance of required observations. Observer subject to approval of Engineer.
C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.
D. Refer to Section 01330 - SUBMITTAL PROCEDURES, MANUFACTURERS' FIELD REPORTS article.
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION - Not Used.
END OF SECTION
01400-3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01400 - OLT Greenfield based on Crestwood Stream Culvert.doc2/19 P698-19613 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Temporary Utilities: 1. Electricity. 2. Water service. 3. Cold Weather Protection 4. Telephone and Facsimile service. 5. Sanitary facilities.
B. Construction Facilities: 1. Field offices and sheds. 2. Vehicular access. 3. Traffic regulation. 4. Parking. 5. Progress cleaning and waste removal.
C. Temporary Controls: 1. Protection. 2. Barriers. 3. Fencing. 4. Security. 5. Water control. 6. Dust control. 7. Erosion and sediment control. 8. Prevent spread of invasive species. 9. Noise control. 10. Pollution control.
D. Removal of temporary utilities, facilities, and controls.
1.2 RELATED SECTIONS
A. Section 01505 - Construction Waste Management and Disposal.
B. Section 01700 - Execution Requirements.
1.3 PERFORMANCE
A. General: Establish and initiate use of temporary facilities when required for proper performance of Work. Terminate use and remove facilities at earliest reasonable time when no longer needed.
B. Conditions of Use: Install, operate, maintain and protect temporary facilities in a manner and at locations which will be secure, safe, non-hazardous, sanitary, and protective of persons and property, and free of deleterious effects.
C. Types of temporary security and protection provisions required include, but are not limited to, fire protection, barricades, warning signs/lights, sidewalk bridges, environmental protection, and similar provisions intended to minimize property losses, personal injuries and claims for damages at Project Site.
01500 - 1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17
1.4 ELECTRICITY
A. Temporary electricity, if required, shall be provided by Contractor. Maintain, and remove after construction is complete, temporary power adequate for construction of this project in accordance with OSHA Requirements for Construction Projects.
1.5 WATER SERVICE
A. Contractor requiring water for drinking and construction purposes shall provide own water.
B. Owner will not furnish water nor pay for water.
1.6 COLD WEATHER PROTECTION
A. Heating and covering required to protect structures and material from injury due to freezing and precipitation during construction period shall be classified as "Cold Weather Protection."
B. Protection required for General Contractor's Work as related to progress of Work shall be provided by General Contractor up to time of substantial completion.
C. Fuel cost for General Contractor's requirements shall be borne by Contractor.
D. Other Contractors requiring heat and protection other than that provided by Contractor shall provide own heat and protection in accordance with stated requirements.
E. Electrical power may not be used as a source of heat for heating units unless paid for by Contractor from an acceptable power source installed by Contractor requiring power.
F. Portable Units: Do not use temporary units that may damage materials. Stoves, salamanders, tar pots, etc., are prohibited. Temporary heating devices shall be substantially constructed, in good operating condition, not readily overturned, and restricted to electricity, oil or gas as fuel. Provide means of venting units as required.
G. General Contractor shall base bid on providing temporary heating for "cold weather protection" from time building is enclosed until substantial completion. Heating shall be as required to maintain temperatures as specified in various Sections of the Specifications where work is being conducted, or as regularly required for particular work, but not less than 40 degrees F as required and approved by Owner.
H. If temperatures maintained by Contractor for Work are not sufficient for other Contractors to perform Work then other Contractors shall provide temporary units as required.
1.7 TELEPHONE AND FACSIMILE SERVICE
A. Temporary telephone and facsimile (fax) services are at Contractor's option and expense.
B. Public pay telephones may be used, where available. Do not use Owner's telephones in existing buildings. Owner will not convey messages or call people to telephone.
1.8 SANITARY FACILITIES
01500 - 2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17
A. Provide and maintain required temporary chemical type toilets located where directed and in sufficient number required for force employed for duration of project. See Section 1926.41 of OSHA Safety and Health Regulations for Contractors. Existing facility use is not permitted. Provide facilities at time of project mobilization.
B. Keep temporary toilet area in sanitary condition and properly supplied with toilet paper until completion of project.
1.9 FIELD OFFICES AND SHEDS
A. Offices: Temporary offices will not be required. Contractor, at own option, may provide and maintain temporary watertight office where directed for own and subcontractors’ use.
B. Each Prime Contractor is responsible for own temporary storage area and storage area for subcontractors.
C. When temporary storage areas are abandoned and no longer needed, each Prime Contractor shall restore area to its original condition and removal debris as required.
1.10 VEHICULAR ACCESS
A. Contractor’s access to the work site is limited to access points as determined by Owner and Engineer. Contractor shall not use paved trails for transporting equipment and materials. Contractor shall restore turf and pavement damaged by construction. 1. Contractor to secure permits from appropriate municipality for construction access as required.
B. Extend and relocate vehicular access as Work progress requires, provide detours as necessary for unimpeded traffic flow.
C. Provide unimpeded access for emergency vehicles. Maintain 20 feet wide driveways with turning space between and around combustible materials.
D. Provide and maintain access to fire hydrants and control valves free of obstructions.
E. Provide means of removing mud from vehicle wheels before entering streets.
F. Construction vehicles to travel along designated route as directed by Milwaukee County Parks.
1.11 TRAFFIC REGULATION
A. Traffic control plans shall be provided for any work to be completed in the street right of way. Secure required Permits for work within the public right of way from the City of West Allis.
B. Signs, Signals, And Devices: 1. Provide traffic control as required and approved by Owner/Engineer to keep users of areas out of construction zone. 2. Post Mounted Traffic Control and Informational Signs: As approved by authority having jurisdiction. 3. Traffic Cones and Drums, Flares and Lights: As approved by authority having jurisdiction. 4. Traffic Regulation: As required by authority having jurisdiction.
01500 - 3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17 5. Contractor shall provide signs and barricades. Work will required signs and barricades as directed by Engineer.
C. Haul Routes: 1. Consult with authority having jurisdiction, establish public thoroughfares to be used for haul routes and site access.
D. Confine construction traffic to designated haul routes.
E. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic.
F. Removal: 1. Remove equipment and devices when no longer required.
G. Repair damage caused by installation.
H. Remove post settings to depth of 2.
1.12 PARKING
A. Parking shall be on streets, park roads or Owner approved parking areas. Part on site and maintain access as directed by Owner; use no other areas for parking. Contractors shall inform personnel on parking of cars.
B. Tracked vehicles not allowed on paved areas.
C. Do not allow heavy vehicles or construction equipment in parking areas.
D. Permanent Pavements And Parking Facilities: 1. Avoid traffic loading beyond paving design capacity. Tracked vehicles not allowed.
E. Maintenance: 1. Maintain traffic and parking areas in sound condition free of excavated material, construction equipment, products and mud. 2. Maintain existing and permanent paved areas used for construction; promptly repair breaks, potholes, low areas, standing water, and other deficiencies, to maintain paving and drainage in original, or specified, condition.
F. Removal, Repair: 1. Remove temporary materials and construction when permanent paving is usable at Substantial Completion. 2. Remove underground work and compacted materials to depth of 2 feet; fill and grade site as specified. 3. Repair facilities damaged by use, to specified condition.
G. Mud From Site Vehicles: Provide means of removing mud from vehicle wheels before entering streets.
1.13 PROGRESS CLEANING AND WASTE REMOVAL
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in clean and orderly condition.
01500 - 4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17 B. Remove debris and rubbish from closed or remote spaces.
C. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site as requested and required by Owner.
D. Provide street clean-up for construction vehicles leaving site.
1.14 PROTECTION
A. Contractor shall: 1. Provide, erect and maintain barricades, warning signs and guards as necessary for protection of material storage, drives, and adjoining property, public and building. Use caution to protect persons against injury resulting from job operations, movement of materials and standing equipment. 2. Protect surrounding areas and materials when welding, flame cutting or other operations requiring the use of flame, arcs or sparking devices that are necessary in course of Work. Owner's approval is required before welding, flame cutting or arc or spark devices are used. 3. Protect drives, pavement, curbs, and aprons from damage. Provide guards and covering. Damaged work shall be repaired or replaced at Contractor's expense. 4. Weather Protection: Provide protection against rain, snow, wind, ice, storms or heat so as to maintain work, materials, apparatus and fixtures free from injury or damage. At end of day's work, cover new work likely to be damaged. Remove snow, ice as necessary for safety and proper execution of work. 5. Provide protection for lawn and landscaping. Provide guards and covering. Damaged landscaping shall be replaced at Contractor's expense. Replace damaged lawn with sod.
B. Prime Contractor shall provide, erect and maintain barricades, warning signs, construction ribbons and guards as necessary for protection of persons and property. Use caution to protect persons against injury resulting from job operations and standing equipment and materials. Protect drives, pavement, curbs, and landscaping from damage.
C. Protect trees and shrubs in construction area that are to remain in place, and maintain boxing, until finish grading is completed. Contractor's account will be charged $100.00 per caliper inch for trees damaged or destroyed and shrubs shall be replaced with same species. Determination of level of damage will be by Owner's Landscape Architect or Arborist.
D. Water Protection: Each Prime Contractor shall protect building from damage from rain water, ground water, backing up of drains and other water. Provide equipment and enclosures to provide this protection.
E. Protect own materials, work and equipment not normally covered by above protection. Protect work of other trades against damage when performing work.
1.15 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations. Contractor shall provide barricades that restrict and prevent pedestrian access to Work areas.
B. Provide barricades and covered walkways required by authorities having jurisdiction for public rights-of-way and for public access to area. Owner approved construction
01500 - 5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17 barricades and barrels shall be required and provided by Contractor to secure work zone.
C. Provide protection for plants designated to remain. Replace damaged plants.
D. Protect non-owned vehicular traffic, stored materials, site, and structures from damage.
E. Contractor shall provide construction barriers with signage to notify and warn Park and trail users and the public of the construction zone areas that should not be used.
1.16 FENCING
A. Contractor shall protect work areas and protect work product, including installing an orange safety barrier fence to separate work areas and public from the construction site as required and approved by Owner and Engineer.
B. Construction: Fence may be commercial grade heavy duty reinforced plastic complete with posts and gates as required and approved by Owner and Engineer.
1.17 SECURITY
A. Entry Control: 1. Restrict entrance of persons and vehicles into Project site. 2. Allow entrance only to authorized persons with proper identification. 3. Maintain log of workers and visitors, make available to Owner on request.
B. Provide security and facilities to protect Work.
1.18 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment.
B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion.
1.19 DUST CONTROL
A. Execute Work by methods to minimize raising dust from construction operations.
B. Provide positive means to prevent air-borne dust from dispersing into atmosphere.
1.20 EROSION AND SEDIMENT CONTROL
A. Use Wisconsin Department of Natural Resources Construction Site Best Management Practices Handbook recommendations for controls of erosion and sediment. Erosion Control shall meet City ordinance and permit requirements along with following the controls as indicated on project documents and plans including tracking pad, proper silt fencing, inlet protection, and sedimentation basin as required.
B. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation.
C. Minimize surface area of bare soil exposed at one time.
01500 - 6 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17 D. Provide temporary measures including berms, dikes, and drains, and other devices to prevent water flow. Provide filter fabric fences for erosion control.
E. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays.
F. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures.
1.21 PREVENT SPREAD OF INVASIVE SPECIES
A. Contractor shall provide WDNR best management practices for preventing the spread of invasive species prior to receiving approval to transport equipment to the work site. One of the reviewers must be the Milwaukee County Parks Department staff if activities are performed on County parkland or adjacent to County parkland.
B. Prior to moving tools and equipment onto and off of an activity area; scrape, brush or wash all soil and debris from exterior surfaces, to minimize the risk of transporting non-native and invasive plant material, pathogens, and invertebrates. Methods of cleaning include any one of or a combination of the following, but are not limited to: (use most effective method) 1. Brush, broom, or other hand tools (used without water) 2. Power washer 3. Car washes 4. High pressure air (some equipment may have air tank, leaf blower) 5. Steam cleaning 6. Portable wash station that contains runoff from washing equipment
C. Containment and disposal must be in compliance with wastewater discharge regulations. More information can be found on the DNR website –http://dnr.wi.gov Keyword: “nondomestic wastewater”.
D. If construction mats are used ensure they are free of invasives (particular consideration if using timber mats) before arriving on site and clean as with other equipment when moving. Properly treat or dispose of invasive species, or any materials that may harbor invasive species.
E. Prevent spreading seeds and other propagules from infested to non-infested areas during activities.
F. Contractor shall provide all mitigation necessary for non-compliance in prevention of the spread of invasive species.
G. Contractor shall cover 100% of the removal and restoration costs for introducing any invasive specie(s) that was not observed on site by Parks Department staff prior to construction. This covers the construction period and up to one-year after project completion.
1.22 NOISE CONTROL
A. Provide methods, means, and facilities to minimize noise from and produced by construction operations.
1.23 POLLUTION CONTROL
01500 - 7 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17 A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations.
B. Comply with pollution and environmental control requirements of authorities having jurisdiction.
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION
3.1 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary utilities, equipment, facilities, and materials before Substantial Completion inspection.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition.
D. Remove underground installations to minimum depth of 2 feet.
END OF SECTION
01500 - 8 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01500 - OLT Greenfield.doc 04/17 P698-19613
SECTION 01505 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Section Includes: 1. Construction waste management plan. 2. Construction waste recycling. 3. Construction waste adaptive reuse.
B. Related Sections: 1. Section 01300 - Administrative Requirements. 2. Section 01330 - Submittal Procedures. 3. Section 01500 - Temporary Facilities and Controls.
C. Related Documents 1. Construction Waste Management and Disposal Appendix and Forms.
1.2 REFERENCES
A. ASTM International: 1. ASTM E1609 - Standard Guide for Development and Implementation of a Pollution Prevention Program.
1.3 PLAN REQUIREMENTS
A. After award of Contract and prior to the commencement of the Work, schedule and conduct a meeting with the Owner and Architect to discuss the proposed Construction Waste Management Plan and to develop a mutual understanding regarding details of environmental protection. 1. Develop and implement construction waste management plan in accordance with ASTM E1609 and as approved by Architect. 2. The Contractor shall develop a Construction Waste Management Plan for this Project within 7 working days after Contract award or prior to any waste removal. The Owner and the Architect will furnish the Contractor with information that will assist in the development of the Construction Waste Management Plan. Submit the Construction Waste Management Plan to the Architect for approval prior to implementing the Plan.
B. Intent: 1. The purpose of the Construction Waste Management Plan is to identify construction waste reduction goals, identify targeted materials, and explain specific waste reduction actions to be taken, by whom, and when. 2. Divert construction, demolition, and land clearing debris from landfill disposal. 3. Redirect recyclable material back to manufacturing process. 4. Generate cost savings or increase minimal additional cost to Project for waste disposal.
1.4 SUBMITTALS
A. Section 01330 - Submittal Procedures: Requirements for submittals.
B. Construction Plan: Submit construction waste management plan describing methods and procedures for implementation and monitoring compliance including the following: 1. Transportation company hauling construction waste to waste processing facilities.
01505 - 1 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 2. Recycling and adaptive reuse processing facilities and waste type each facility will accept. 3. Construction waste materials anticipated for recycling and adaptive reuse. 4. On site sorting and site storage methods.
C. Application for Payments: With each Application for Payment, the Contractor shall submit a Summary of Waste generated by the Project. Failure to submit this information shall render the Application for Payment void, thereby delaying the Progress Payment. The Summary of Waste shall contain the following information: 1. The amount (in tons and/or cubic yards) of material landfilled from the Project, the identity of the landfill, and the related disposal cost. Include corresponding manifests, weight tickets, receipts, and invoices. 2. For each material recycled from the Project, the amount (in tons and/or cubic yards), the date removed from the Project site, the receiving party, the transportation cost, the amount of any money paid or received for the recycled or salvaged material, and the net total cost or savings of recycling. Include corresponding manifests, weight tickets, receipts, and invoices.
D. Submit documentation prior to Substantial Completion substantiating construction waste management plan was maintained and goals were achieved (see 01505 – Summary Form) 1. Trash: Quantity by weight deposited in landfills. Include associated fees, transportation costs, container rentals, and taxes for total cost of disposal. 2. Salvaged Material: Quantity by weight with destination for each type of material salvaged for resale, recycling, or adaptive reuse. Include associated fees, transportation costs, container rentals, and taxes for total cost of disposal. Also include reimbursements due to salvage resale. 3. Total Cost: Indicate total cost or savings for implementation of construction waste management plan.
1.5 CLOSEOUT SUBMITTALS
A. Section 01700 - Execution Requirements: Requirements for submittals.
B. Project Record Documents: Submit completed Summary of Solid Waste Disposal and Diversion Form indicating diverted waste quantity, total waste quantity and percentage of waste diverted from landfills. 1. Final construction waste management evaluation form: Provide a completed Summary of Solid Waste Disposal and Diversion Form with final payment application at Project completion for the purpose of summarizing how successfully goals were met, the methods worthy to retain or disregard, and to make suggestions for improvements to the Construction Waste Management Program.
1.6 CONSTRUCTION WASTE MANAGEMENT PLAN
A. Construction Waste Landfill Diversion: Minimum 50 percent by weight of construction waste materials for duration of Project through resale, recycling, or adaptive reuse.
B. Implement construction waste management plan at start of construction.
C. Review construction waste management plan at pre-construction meeting and progress meetings specified in Section 01300.
D. Distribute approved construction waste management plan to subcontractors and others affected by Plan Requirements.
01505 - 2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 E. Oversee plan implementation, instruct construction personnel for plan compliance, and document plan results.
F. Purchase Products to prevent waste by: 1. Ensuring correct quantity of each material is delivered to site. 2. Choosing products with minimal or no packaging. 3. Requiring suppliers to use returnable pallets or containers. 4. Requiring suppliers to take or buy-back rejected or unused items.
1.7 CONSTRUCTION WASTE RECYCLING
A. Use source separation method or co-mingling method suitable to sorting and processing method of selected recycling center. Dispose non-recyclable trash separately into landfill.
B. Source Separation Method: Recyclable materials separated from trash and sorted into separate bins or containers, identified by waste type, prior to transportation to recycling center.
C. Co-Mingling Method: Recyclable materials separated from trash and placed in unsorted bins or container for sorting at recycling center.
D. Materials suggested for recycling include: 1. Packing materials including paper, cardboard, foam plastic, and sheeting. 2. Recyclable plastics. 3. Organic plant debris. 4. Earth materials. 5. Native stone and granular fill. 6. Asphalt and concrete paving. 7. Wood with and without embedded nails and staples. 8. Glass, clear and colored types. 9. Metals. 10. Gypsum products. 11. Acoustical ceiling tile. 12. Carpet. 13. Equipment oil.
1.8 CONSTRUCTION WASTE ADAPTIVE RE-USE
A. Arrange with processing facility for salvage of construction material and processing for reuse. Do not reuse construction materials on site except as accepted by Owner/Architect/Engineer.
B. Materials suggested for adaptive reuse include: 1. Concrete and crushed concrete. 2. Masonry units. 3. Lumber suitable for re-sawing or refinishing. 4. Casework and millwork. 5. Doors and door frames. 6. Windows. 7. Window glass and insulating glass units. 8. Hardware. 9. Acoustical ceiling tile. 10. Equipment and appliances. 11. Fluorescent light fixtures and lamps.
01505 - 3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 1.9 ALTERNATIVE SUBMITTALS
A. As an alternate to transmitting a written Waste Management Plan and periodic written Summary of Waste to the Owner, at the Contractor’s option, the Contractor may prepare and submit these reports using a web-based application - “WasteCapTRACE” - on this project to track and report Construction Waste and Demolition Waste disposition. Accessible at www.wastecaptrace.org/wct/wisconsin, WasteCapTRACE was developed and is maintained by WasteCap Resource Solutions. WasteCap TRACE is available at no cost for tracking C&D waste on Wisconsin projects. Contractor may utilize WasteCapTRACE to prepare Construction Waste Management Plan in lieu of the written submittal, and may edit and revise the Waste Management Plan using TRACE if significant changes are made to the Plan. Specific information regarding how to access the website and input data will be provided by Milwaukee County Environmental Services. Technical support will be provided by WasteCap Resource Solutions.
B. If using WasteCapTRACE, Contractor shall update the WasteCapTRACE website with the following information, prior to or concurrent with each Application for Payment: 1. Reuse/Recycling (diversion) goal. 2. Quantity of each material reused, recycled or trash in tons and cubic yards. 3. Actual diversion rate. (Total quantity of waste recovered (reused plus recycled) divided by total waste generated.)
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION
3.1 CONSTRUCTION WASTE COLLECTION
A. Collect construction waste materials in marked bins or containers and arrange for transportation to recycling centers or adaptive salvage and reuse processing facilities.
B. Maintain recycling and adaptive reuse storage and collection area in orderly arrangement with materials separated to eliminate co-mingling of materials required to be delivered separately to waste processing facility.
C. Store construction waste materials to prevent environmental pollution, fire hazards, hazards to persons and property, and contamination of stored materials.
D. Cover construction waste materials subject to disintegration, evaporation, settling, or runoff to prevent polluting air, water, and soil.
3.2 CONSTRUCTION WASTE DISPOSAL
A. Deliver construction waste to waste processing facilities. Obtain receipt for deliveries.
B. Dispose construction waste not capable of being recycled or adaptively reused by delivery to landfill, incinerator, or other legal disposal facility. Obtain receipt for deliveries.
END OF SECTION
01505 - 4 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 SECTION 01505 - APPENDIX CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This section specifies administrative and procedural requirements for the evaluation of recycling operations.
1.3 DEFINITIONS
A. Clean: Untreated and unpainted; not contaminated with oils, solvents, sealant (caulk), or the like.
B. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash, debris, and rubble resulting from construction, remodeling, repair and demolition operations.
C. Construction Waste Management Plan: A project-related plan for the collection, transportation, and disposal of waste generated at the construction site. The purpose of the plan is to reduce the amount of material being landfilled.
D. Hazardous: Exhibiting the characteristics of hazardous substances, i.e., ignitability, corrosivity, toxicity or reactivity.
E. Landfill Tipping Fees: Monies paid for burying non-recyclable waste in the landfills.
F. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitability, corrosivity, toxicity, or reactivity.
G. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure.
H. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse.
I. Recycle: To remove a waste material from the Project site to another site for remanufacture into a new product for reuse.
J. Recycling: The process of sorting, cleansing, treating and reconstituting solid waste and other discarded materials for the purpose of using the altered form. Recycling does not include burning, incinerating, or thermally destroying waste.
K. Return: To give back reusable items or unused products to vendors for credit.
L. Reuse: To reuse a construction waste material in some manner on the Project site.
M. Scrap Revenue: Monies received by the hauler for recyclable materials.
N. Sediment: Soil and other debris that has been eroded and transported by storm, or well production runoff water.
O. Trash: A product or material unable to be reused, returned, recycled, or salvaged.
01505 - 5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 P. Volatile Organic Compounds (VOCs): Chemical compounds common in and emitted by many building products over time through outgassing: Solvents in paints and other coatings, wood preservatives, strippers and household cleaners, adhesives in particleboard, fiberboard, and some plywoods, and foam insulation. When released, VOCs can contribute to the formation of smog and can cause respiratory tract problems, headaches, eye irritations, nausea, and damage to the liver, kidneys, and central nervous system, and possibly cancer.
Q. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material.
1.4 RECYCLING SERVICES AND EQUIPMENT
A. Recycling Service Options 1. Identify businesses that provide recycling services, determine which recycling services hauler(s) can provide, and identify other organizations that provide recycling or waste reduction services, such as education and documentation. 2. Option No. 1: Hire A Full-Service Recycling Contractor a. Many or all source-separation and collection tasks are subcontracted to a recycling contractor. These contractors can provide training and on-site sorting services. Seek out the best service and the best fees (or prices) for materials targeted for recycling. 3. Option No. 2: Use A Hauler’s Recycling Service a. A hauler may offer recycling services. These services will generally be less complete than those of a full-service recycling contractor, but may be sufficient if the Contractor’s own personnel can perform tasks the waste hauler does not. If the waste hauler does not provide re-sorting services or training to prevent future mis-sorting, establish an in-house training program to prevent mis-sorting. Mis-sorted materials will be treated as waste by the hauler, and recycling savings will be lost. b. Ensure that the recycling goals are indicated in the Agreement made with the waste hauler. The Agreement shall include a list of materials intended to be recycled, the recycling markets to be used, the landfill that will be used for construction waste, acceptable contamination levels, a rate schedule, amount of time needed to respond to calls for pickup, and a requirement for monthly reports of quantities collected by volume and weight of each material, charges/revenues, and markets. 4. Option No. 3: Operate An In-House Recycling Program a. The Contractor shall be responsible for source-separation, collection, and the ordering of drop-offs and pick-ups. This option employs waste haulers that provide direct recycling services of certain recyclables and may include pick-up. Their services, fees, and/or rebates may vary depending on the material involved and other applicable factors. Other recycling services may be negotiated with the hauler. 5. Recycling by Major Subcontractors a. Major Subcontractors, (e.g., Mechanical and Electrical Subcontractors), may assume responsibility for their respective recycling and waste reduction programs, including but not limited to source separating, maintaining bins, and arranging drop-offs and pick-ups. These major Subcontractors may participate in any of the options listed above. b. Subcontractors who do their own recycling shall report applicable recycling/waste amounts to the General Contractor monthly. The General Contractor shall be responsible for tabulating quantities and submitting the results to the Owner and Architect at Substantial Completion of the Project.
01505 - 6 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 B. Required Services and Equipment 1. Provide services and equipment necessary for successful recycling including the following, without limitation: a. Materials sorting. b. Bins. c. Signs. d. Education and training. e. Monitoring. f. Pick-ups. g. Documentation. 2. If an in-house recycling program using a waste hauler is used, identify materials intended to be recycled off-site and document all recycling accomplished.
1.5 APPLICATIONS FOR RECYCLED MATERIALS
A. Reuse and Recycling Information: Agencies having information regarding applications and destinations for reuse and recycling construction and demolition waste materials include the following: 1. Business Materials Exchange of Wisconsin. www.bmex.org. 2. Construction Material Recycling Association. http://www.cdrecycling.org. 3. Dane County Dept. of Public Works. http://www.co.dane.wi.us/pubworks/recyc/markets.htm. 4. Habitat for Humanity. http://www.restoredane.org. 5. Solid & Hazardous Waste Education Center, UW Extension. http://www.uwex.edu/shwec. 6. WasteCap Wisconsin, Inc. www.wastecapwi.org. 7. Wisconsin Department of Natural Resources, http://www.dnr.state.wi.us/org/aw/wm/condemo/index.htm
B. Examples of materials and potential applications for recyclable materials include the following, without limitation: 1. Aluminum Cans, Straps, and Sheet: Recycle as a metal. 2. Asphalt: Break up and transport asphalt-to-asphalt recycling facility or recycle on site. 3. Brick: Can be reused if whole, crushed for use as landscape cover, sub-base material, or fill. 4. Building Components And Fixtures: Windows, doors, cabinets, hardware, plumbing and electrical fixtures may be salvaged. Porcelain plumbing fixtures may be crushed for fill. 5. Carpet and Carpet Pad: Store clean, dry carpet and pad in a closed container or trailer. Carpet may be able to be reused or recycled if sufficient quantities are generated. 6. Ceiling Panels: If sufficient quantities are generated, sort by size, palletize, and shrink-wrap for shipment to and recycling by a ceiling tile manufacturer. 7. Concrete: Can be crushed and graded for use as riprap, aggregate, sub-base material, or fill. Neutralize alkalinity if planting above. Remove reinforcement and other metals from concrete and sort with other metals. 8. Concrete Block: Can be reused if whole, crushed for use as sub-base material or fill. 9. Copper Pipe and Accessories: Recycle as a metal.
01505 - 7 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 10. Corrugated Cardboard and Paper: Separate for recycling into new paper products. Painted, waxed or muddy cardboard or paper is unsuitable for recycling and should be discarded. 11. Dimensional Lumber, Oriented Strand Board, Plywood, Crates, and Pallets: Sort larger pieces for reuse. Wood unsuitable for reuse may be used to manufacture particleboard and other composite wood products. Chip or shred wood for use as animal bedding, landscape use, groundcover, mulch, compost, pulp, or process fuel. Do not chip or shred stained, painted or treated wood. Some recyclers have equipment to remove nails. 12. Doors and Hardware: If separated for reuse, brace open end of door frames. Except for removing door closers, leave door hardware attached to doors. 13. Glass Containers: Recycle as glass. 14. Gypsum Board: Gypsum wallboard to be processed and land spread must be new and clean construction scrap free of tape, joint compounds, paint, nails, screws, or other contaminants. Only regular ½” drywall, Type X drywall, and Plaster Base (standard blue board) may be used for a soil amendment. The following paper- faced gypsum panel cannot be used as a soil amendment: WR (Green Board), Sheathing (Brown/Black Board), Mold Resistant Panels or Specialty Type X. These contain additives, which may not be suitable as a soil amendment. 15. Land Clearing Debris: Can be chipped or shredded for use as ground cover, mulch, compost, pulp, or process fuel. 16. Lighting Fixtures: Separate lamps by type and protect from breakage. By Law fluorescent tubes must be recycled. 17. Miscellaneous Ferrous and Nonferrous Metals: Separate for recycling: banding, stud cut-offs, ceiling grid, ductwork, conduit, rebar, roofing, pipe, sheet metals, extruded metals, castings, miscellaneous steel shapes, and other metal parts. 18. Piping: If separated for reuse, reduce piping to straight lengths and store by type and size. Separate supports, hangers, valves, sprinkler heads, and other components by type and size. 19. Precast Concrete Panels: May be able to be crushed and used for erosion control or landscape features. 20. Sheet Metal Scrap and Metal Duct Accessories: Recycle as a metal. 21. Structural Steel: Can be used in the manufacture of structural steel. 22. Vinyl: Siding, window extrusions, floor tiles, and sheet flooring may be able to be separated for recycling into new vinyl products.
END OF APPENDIX
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SECTION 01505 - SUMMARY CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Project Name: Contractor Name: Project #: Contractor License #: Contractor Address:
Amount Date Diverted/ Diverted from Landfill? Diverted/ Disposed Waste Facility (If recycled or reused write YES; Disposed (tons or cubic Solid Waste Material If disposed state why not diverted) (mm/dd/yy) yards) Name City/State Phone Number Appliances Asphalt Cardboard Carpet Concrete Gypsum Drywall Land Clearing/Soil Masonry Metals: Ferrous Metals: Non-ferrous Mixed/Co-mingled Waste Plastic Roofing: Asphalt-Based Roofing: EPDM Salvaged/Surplus Materials Wood:for Reuse Landclearing Debris Wood: Scrap Lumber Other (specify):
Signature: Date:
END OF SUMMARY
01505 - 9 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01505rev - OLT Greenfield.doc 05/15 P698-19613 SECTION 01600 PRODUCT REQUIREMENTS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Products.
B. Product delivery requirements.
C. Product storage and handling requirements.
D. Product options.
E. Product substitution procedures.
1.2 PRODUCTS
A. Provide products of qualified manufacturers suitable for intended use. Provide products of each type by a single manufacturer unless specified otherwise.
B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents.
1.3 PRODUCT DELIVERY REQUIREMENTS
A. Transport and handle products in accordance with manufacturer's instructions.
B. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct and products are undamaged.
C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement or damage.
1.4 PRODUCT STORAGE AND HANDLING REQUIREMENTS
A. Store and protect products in accordance with manufacturers' instructions.
B. Store with seals and labels intact and legible.
C. Store sensitive products in weather tight, climate-controlled enclosures in an environment favorable to product.
D. For exterior storage of fabricated products, place on sloped supports above ground.
E. Provide off-site storage and protection when site does not permit on-site storage or protection.
F. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products.
G. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter.
H. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.
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I. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition.
1.5 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Product meeting those standards or description.
B. Products Specified by Naming One or More Manufacturers: Products of one of manufacturers named and meeting specifications, no options or substitutions allowed.
C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for manufacturer not named in accordance with the following article.
1.6 PRODUCT SUBSTITUTION PROCEDURES
A. Instructions to Bidders specifies time restrictions for submitting requests for Substitutions during the bidding period to requirements in this section.
B. Substitutions will be considered for following reasons: 1. Product or equipment is unavailable through no fault of Contractor. 2. When required for compliance with Codes. 3. Delivery date would delay completion schedule. Documented proof of conditions contributing to delays must accompany request. 4. Difference in cost between specified products and approved substitution in Subparagraphs B.1 through B.3 will be negotiated.
C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents.
D. A request constitutes a representation that Contractor: 1. Has investigated proposed product and determined that it meets or exceeds quality level of specified product. 2. Will provide same warranty for Substitution as for specified product. 3. Will coordinate installation and make changes to other Work that may be required for Work to be complete with no additional cost to Owner. 4. Waives claims for additional cost or time extension that may subsequently become apparent. 5. Will reimburse Owner and Engineer for review or redesign services associated with re-approval by authorities.
E. Substitutions will not be considered when indicated or implied on Shop Drawing or Product Data submittals without separate written request, or when acceptance will require revision to Contract Documents.
F. Substitution Submittal Procedure: 1. Submit 2 copies of request for Substitution for consideration. Limit each request to 1 proposed Substitution. 2. Submit Shop Drawings, Product Data, and certified test results attesting to proposed product equivalence. Burden of proof is on proposer. 3. Engineer will notify Contractor in writing of decision to accept or reject request.
H. Engineer retains absolute right to approve or reject substitution.
I. In case of difference in price, Owner shall receive benefits of difference in cost, with
01600-2 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01600 - OLT Greenfield.doc 12/01 Contract being adjusted by Change Order to reflect credit to Owner.
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION - Not Used.
END OF SECTION
01600-3 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01600 - OLT Greenfield.doc 12/01 P698-19613 SECTION 01700 EXECUTION REQUIREMENTS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Field Engineering
B. Closeout procedures
C. Protecting installed construction.
D. Project record documents
E. Product Warranties.
F. Extra stock and maintenance Materials.
G. Testing
H. Examination
I. Preparation
J. Cutting and Patching
K. Alteration Procedures
L. Final cleaning
1.2 RELATED SECTIONS
A. Section 01330 – Submittal Procedures
1.3 FIELD ENGINEERING
A. Owner will locate control and reference points. Control datum for survey is that shown on Drawings. Contractor shall protect control and reference points. Verify set-backs and easements.
B. Owner will locate and layout major site improvements including pavements; stakes for grading, utility locations and invert elevations.
C. Contractor shall request Owner furnish line and grade stakes not less than 2 days, nor more than 5 days, before they are required.
D. Contractor shall maintain all Owner supplied project survey, layout, and off-set grade stakes. Contractor shall be responsible for protection and preservation of such stakes. Replacement of lost or removed survey staking/monumentation shall be at contractor’s sole expense at no additional cost to Owner.
E. Resetting of stakes having previously been set at request of Contractor shall be charged to Contractor by Owner and deducted from final payment.
F. Verify amounts, locations, grades, lines, dimensions, and elevations.
G. Confirm drawing dimensions and elevations. Drawings show relationship of new work to existing; grades, lines, and new work shall tie into existing.
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1.4 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's review.
B. When Contractor considers Work is complete, following shall be completed: 1. Consent of Surety to Final Payment. 2. Deficiencies listed with Certificate of Substantial Completion corrected. 3. Record documents and warranties turned over to Owner. 4. Work is complete and ready for final inspection.
C. Provide submittals to Engineer required by governing and other authorities.
D. When Owner approves Work, submit final Application for Payment identifying total work order, previous payments, and sum remaining due.
E. Reinspection Fees: Should status of completion of Work require reinspection by Engineer due to failure of Work to comply with Contractor's claims on initial inspection, Owner will deduct amount of Engineer's compensation for reinspection services from final payment.
F. Owner will occupy premises as specified in Section 01100.
1.5 PROTECTING INSTALLED CONSTRUCTION
A. Protect installed Work and provide special protection where specified in individual specification sections.
B. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage.
C. Prohibit traffic from landscaped areas.
D. Repair and Replacement of Walks, Drives, Curbs and Landscaping: 1. Each Prime Contractor shall police own subcontractors, suppliers and transport companies and caution them against carelessness in storage and handling of materials, equipment and trucking to prevent damage to existing and/or new work. In event of damage, Prime Contractor shall repair or replace and exact payment from the parties responsible for damage.
E. Repair work outside of property line in accordance with requirements of authority having jurisdiction.
1.6 PROJECT RECORD DOCUMENTS
A. When requested by Owner, maintain one set of record documents including the following; record actual Work done. 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to Contract. 5. Reviewed Product Data and Tests. 6. Manufacturer's instruction for assembly, installation, and adjusting.
B. Ensure entries are complete and accurate, enabling future reference by Owner.
C. Store record documents separate from documents used for construction.
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D. Record information concurrent with construction progress, not less than weekly.
E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications.
F. Mark each item to record actual construction including: 1. Measured depths of foundations in relation to finished floor datum. 2. Measured horizontal and vertical locations of utilities and appurtenances; reference to permanent visible construction. 3. Field dimensions and detail.
1.7 WARRANTIES
A. Identify Warranty with Project Number, name and address of Contractor furnishing warranty, material or installation requiring warranty and date warranty takes effect, as established in Certificate of Substantial Completion.
B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers.
C. Submit one copy of warranty to Owner.
1.8 EXTRA STOCK AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities requested by Owner and useable materials left over.
B. Deliver to place as directed, obtain receipt prior to final payment.
1.9 TESTING
A. Submit reports to Engineer indicating observations and results of tests and indicating compliance or non-compliance with the requirements of the Contract Documents.
PART 2 PRODUCTS
2.1 MATERIALS FOR PATCHING
A. Materials shall match existing. Verify.
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions.
B. Verify existing substrate is capable of structural support or attachment of new Work being applied or attached.
C. Examine and verify specific conditions described in individual specification sections.
D. Verify utility services are available, of correct characteristics, and in correct locations.
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3.2 PREPARATION
A. Clean substrate surfaces before applying next material or substance.
B. Seal cracks or openings of substrate before applying next material or substance.
C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner before applying new material or substance in contact or bond.
3.3 CUTTING AND PATCHING
A. Employ skilled and experienced installer to perform cutting and patching.
B. Submit written request in advance of cutting or altering elements which affect: 1. Structural integrity of element. 2. Integrity of weather-exposed or moisture-resistant elements. 3. Efficiency, maintenance, or safety of element. 4. Visual qualities of sight exposed elements.
C. Execute cutting, fitting, and patching including excavation and fill, to complete works and to: 1. Fit the several parts together to integrate with other Work. 2. Uncover Work to install or correct ill-timed Work. 3. Remove and replace defective and non-conforming Work. 4. Provide openings for penetrations of Work by others.
D. Execute work by methods to avoid damage to other work and provide proper surfaces to receive patching and finishing.
E. Cut masonry and concrete materials using masonry saw or core drill.
F. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.
3.4 ALTERATION PROCEDURES
A. Materials: Match existing Products and work for patching and extending work.
B. Employ skilled and experienced installer to perform alteration work.
C. Remove, cut, and patch Work in a manner to minimize damage and to restore Products and finishes to original condition.
D. Where new Work abuts or aligns with existing, provide smooth and even transition. Patch Work to match existing adjacent Work in texture and appearance.
E. Patch or replace existing surfaces that are damaged.
3.5 FINAL CLEANING
A. Execute final cleaning before final project assessment.
B. Use materials which will not create hazards to health or property, and which will not damage surfaces. Materials and methods used for cleaning shall be as recommended by manufacturer of material being cleaned.
C. Final cleaning of work, as applicable, shall not be limited to following: 1. Clean surfaces exposed to view; remove foreign substances and sweep concrete.
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2. Remove waste, foreign matter, and debris from area ways and drainage systems. 3. Clean site; remove foreign substances and sweep paved areas, rake clean landscaped surfaces. 4. Remove waste and surplus materials, rubbish, and construction facilities from site. 5. Remove temporary protection and labels not required to remain.
D. If Contractor does not remove rubbish and clean as specified above, Owner reserves right to have work done by others at Contractor's expense. Modify Paragraph 13.10.A of the Supplementary Conditions to Construction Contract as follows: The seven days written notice shall be waived.
END OF SECTION
01700-5 https://d.docs.live.net/56d7f0140d26ff9e/Projects/2021-30b MKE Specs - Greenfield Park OLT/01700 - OLT Greenfield.doc 10/17 P698-19613 SECTION 02211 GRADING AND SITE CLEARING
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Removal of pavement.
B. Cutting, grading, filling and rough contouring the site.
1.2 RELATED SECTIONS
A. Section 01400 – Quality Requirements
B. Section 01500 – Temporary facilities and Controls
C. Section 02740 - Asphaltic Concrete Paving
1.3 REFERENCES
A. ASTM D1556 - Test Method for Density of Soil in Place by the Sand-Cone Method.
B. ASTM D1557 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10 lb. Rammer and 18 inch Drop.
C. State of Wisconsin Department of Transportation (WDOT), Standard Specifications for Highway and Structure Construction, Most recent edition.
1.4 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Measure Common Excavation by the lump sum. Include compensation for labor, equipment, material and supervision to excavate, place, compact, and dispose of excess material per Section 205.5.1 of the WDOT Standard Specification. The contractor shall remove all topsoil from within the proposed pedestrian trail or as shown on the Plans. Topsoil removed below subgrade elevation of existing paved and shouldered areas of trail reconstruction projects shall be paid for as excavation below subgrade (EBS). The undercutting of cut areas to provide for four (4) inches of topsoil will not be measured for payment but shall be considered incidental to common excavation. The bid item for common excavation shall include all pedestrian trail and site grading necessary to complete the project.
B. Measure undercutting unsuitable subgrade material by the cubic yard of undisturbed earth per Section 205.4.1 of the WDOT Standard Specifications. Include compensation for labor, equipment, material and supervision to excavate and dispose of material per Section 205.5.1 of the WDOT Standard Specification. The cost for 3 inch granular backfill to obtain subgrade will be paid for at the unit price bid for 3 inch granular base course.
C. Strip and Stockpile Existing Topsoil. Strip and Stockpile Existing Topsoil shall be measured and paid as a Lump Sum. Include full compensation for all labor, equipment, material and supervision to strip, load, haul, stockpile and protect salvaged topsoil.
D. Remove and Salvage Existing Sign. Remove and salvage existing sign shall be measured and paid as a Lump Sum. Include full compensation for all labor, equipment, material and supervision to remove and salvage sign, remove signposts, footings, and
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1.5 SUBMITTALS
A. Samples: Submit 10 lb. sample of each type of fill in air-tight containers to Owner for testing laboratory.
1.6 PROJECT RECORD DOCUMENTS
A. Submit under provisions of Section 01700.
B. Accurately record actual locations of utilities remaining, by horizontal dimensions, elevations or inverts, and slope gradients.
1.7 JOB CONDITIONS
A. Coordinate grading and clearing work with utility companies.
B. Coordinate work with Paving Contractors.
PART 2 PRODUCTS
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that survey benchmark and intended elevations for the Work are as indicated and protect.
3.2 PREPARATION
A. Identify required lines, levels, contours, and datum.
B. Identify known underground, above-ground, and aerial utilities. Stake and flag locations.
C. Notify utility companies to remove and relocate utilities.
D. Protect above and below grade utilities that are to remain.
E. Protect plant life, lawns, and other features remaining as final landscaping.
F. Protect bench marks, existing structures, fences, sidewalks, paving, curbs, and signs from excavation equipment and vehicular traffic.
G. The salvaged material shall be stored to be placed on new path after a successful proofroll. All salvaged material may be stockpiled within the construction limits at a location approved by owner.
3.3 EXCAVATION
A. Excavate subsoils per Section 205 of the WDOT Standard Specification to the proposed subgrade elevation.
B. Undercut below the subgrade elevation per Section 205.3.4 of the WDOT Standard Specifications to remove unsuitable material within the trail bed slopes.
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C. Include preparation of subgrade per Section 211.3.2 of the WDOT Standard Specifications.
D. Remove excavated subsoils and unsuitable soils from the site.
3.4 FILLING
A. Fill undercut areas to pavement subgrade elevations with unfrozen materials. Use fill acceptable to Inspector that meets requirements of Section 208 of the WDOT Standard Specifications.
B. Granular Fill: Place and compact materials in continuous layers not exceeding 8 inches compacted depth, compacted to 90 percent.
C. Maintain optimum moisture content of fill materials to attain required compaction density.
D. Make grade changes gradual. Blend slope into level areas.
E. Remove surplus fill materials from site.
3.6 TOLERANCES
A. Top Surface of Subgrade: Plus or minus 1/10 foot.
3.7 FIELD QUALITY CONTROL
A. Perform field inspection and testing under provisions of Division 01.
B. Perform tests and analysis of fill material in accordance with ASTM D1557.
C. Perform compaction testing in accordance with ASTM D1556 or ASTM D1557 as selected by Owner.
D. If tests indicate Work does not meet specified requirements, remove Work, replace and retest at no cost to Owner.
E. Frequency of Tests: As determined by Owner
END OF SECTION
02211-3 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02211.doc 05/00 P698-19613 SECTION 02372 EROSION CONTROL DEVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes Filter Fabric Fence and Sediment Control Filter Baskets.
B. Related Sections 1. Section 01500 - Temporary Facilities and Controls. 2. Section 02211 – Grading and Site Clearing
1.2 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Temporary Ditch Checks: Per each location. Include furnishing, installing, maintaining, removing, and disposal.
B. Erosion Control Blanket shall be measured by the square yard of installed fabric. Curlex® Net Free Erosion Control Blanket manufactured by American Excelsior shall be Include full compensation for all labor, equipment, material and supervision necessary to furnish and install erosion control blanket on prepared planting areas.
1.3 QUALITY ASSURANCE
A. Perform Work in accordance with State of Wisconsin and municipal standards.
PART 2 - PRODUCTS
2.1 TEMPORARY DITCH CHECKS
A. Double row straw bale ditch checks per WDNR Technical Standard 1062 and Section 628.3.3 of the WDOT Standard Specifications
2.2 EROSION CONTROL FABRIC
A. Erosion Control Fabric shall be Curlex® Net Free Erosion Control Blanket manufactured by American Excelsior. Curlex ® Net Free is a light weight excelsior blanket made from curled wood excelsior of 80 percent six inch or longer wood fiber lengths weighing 0.975 pounds per square yard. Color of the Curlex® Net Free shall be excelsior wood fibers shall be natural tan. No colored or dyed wood fiber is to be used for this work.
PART 3 - EXECUTION
3.1 INSTALLATION – TEMPORARY DITCH CHECKS
A. Construct temporary ditch checks using a double row of erosion bales or bio-rolls per Section 628.3.14 of the WDOT Standard Specifications. Place temporary ditch checks across ditches or at locations the plans show or as directed by the engineer. Remove ditch checks after the slopes and ditches have stabilized.
3.2 INSTALLATION - EROSION CONTROL FABRIC
A. Before installing Curlex NetFree blankets, area should be properly shaped, seeded, and fertilized. Seedbed shall be inspected by the Parks landscape Architect prior to installing erosion control fabric.
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B. The product shall be rolled out flat, without stretching, then anchored to the subgrade. Staples should be located on a stitch line.
C. Curlex NetFree blankets are to be installed vertically on the slope.
D. Install the Curlex® Net Free erosion control blanket per manufacturer’s instructions.
3.3 MAINTENANCE OF EROSION CONTROL DEVICES
A. Inspect erosion control devices within 24 hours after each rainfall or daily during periods of prolonged rain. Immediately repair or replace damaged erosion control devices.
B. Remove sediment deposits after each storm and when sediment deposits reach 1/2 the height of the fence, erosion bale or filter basket.
3.4 REMOVAL OF EROSION CONTROL DEVICES
A. Maintain erosion control devices until area is stabilized by permanent best management practices.
B. Remove ditch checks from site when area is stabilized.
END OF SECTION
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SECTION 02722 SITE STORM SEWERAGE SYSTEMS
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Site storm sewerage drainage piping, fittings and accessories, bedding, backfill, and pavement restoration.
B. Inlets, site surface drainage.
1.02 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Remove and Install Pipe and Fittings by linear foot: Include excavating, disposal of excavated material and existing pipe, bedding, pipe and fittings, cover, and backfill.
B. HDPE Flared End Section: Per each end section. Includes furnishing end section, joint ties for pipe, including excavation for the bed of the end section, backfill, compaction, and all other required materials; and for all labor, tools, equipment and incidentals necessary for installation.
1.03 REFERENCES
A. ASTM C76- Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe.
B. ASTM D1557 - Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10 lb (4.54 Kg) Rammer and 18 inch (457 mm) Drop.
C. Specification: Standard Specifications for Sewer and Water Construction in Wisconsin, Sixth Edition.
D. Specification: Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction, latest Edition.
E. AASHTO M36 – Metallic (Aluminum) Coated Corrugated Steel Culverts.
F. ASTM A-819 and AASHTO M-274 – Aluminized Steel Type 2.
G. ASTM C14 - Concrete Sewer, Storm Drain, and Culvert Pipe.
H. ASTM D2751 - Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe and Fittings.
1.04 SUBMITTALS FOR INFORMATION
A. Section 01330 - Submittal Procedures.
B. Manufacturer's Certificate: Certify that Products meet or exceed specified requirements.
1.05 REGULATORY REQUIREMENTS
A. Conform to applicable code for materials and installation of the Work of this section.
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PART 2 PRODUCTS
2.01 SEWER PIPE MATERIALS
A. HDPE Corrugated Culvert Pipe: Inside nominal 12-inch diameter corrugated culvert pipe conforming to Section 608 of the WDOT Standard Specifications.
2.02 ACCESSORIES
A. HDPE Flared End Section for 12” HDPE corrugated culvert pipe.
2.03 BEDDING, COVER AND BACKFILL MATERIAL
A. Bedding and cover material for pipe shall be 3/8 inch crushed stone chips conforming to the requirements of Table 32 of Standard Specifications for Sewer and Water Construction.
B. Backfill material for pipes, and inlets shall be 3/8 inch crushed stone chips conforming to the requirements of Table 32 of Standard Specifications for Sewer and Water Construction when under paved area. Backfill material in turf area may be excavated material upon approval of the inspector.
C. Use coarse aggregate conforming to size No. 2 per Section 501.2.5.4 of WDOT Standard Specifications to backfill trench underdrain. Place the geotextile fabric in the trench according to plan details before backfilling.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that excavation is ready to receive work and excavations, dimensions, and elevations are as indicated on drawings.
3.02 PREPARATION
A. Hand trim excavations to required elevations. Correct over excavation with coarse aggregate.
B. Remove large stones or other hard matter which could damage piping or impede consistent backfilling or compaction.
3.03 INSTALLATION - PIPE
A. Sewer pipe construction shall conform to Chapter 3.2.0 of the Standard Specification for Sewer and Water Construction.
3.04 FIELD QUALITY CONTROL
A. Section 01400 - Quality Assurance: Field inspection and testing.
B. Request inspection prior to and immediately after placing aggregate cover over pipe.
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C. Compaction testing will be performed in accordance with ASTM D1557.
D. If tests indicate Work does not meet specified requirements, remove Work, replace and retest.
3.05 PROTECTION
A. Protect pipe and aggregate cover from damage or displacement until backfilling operation is in progress.
END OF SECTION
02722-3 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02722.doc 06/01 P698-19613 SECTION 02740 ASPHALTIC CONCRETE PAVING
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Asphaltic concrete paving, upper layer.
B. Aggregate base course.
C. Permanent Signing
D. Bike Trail Closure
1.02 RELATED SECTIONS
A. Section 02211, Grading and Site Clearing
B. Section 02750, Portland Cement Concrete Paving: Concrete curb and gutter.
1.03 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Measure Aggregate Base Course by the ton. Include material delivered and placed at the job site per Section 301.4.1 of the WDOT Standard Specification. Contractor testing for department approved aggregate sources is not required.
B. Measure Asphaltic Concrete Upper Layer by the ton. Include material delivered and placed at the job site, including asphaltic cement, per Section 465.4 and 465.5 of the WDOT Standard Specification, except QMP testing is not required.
C. Traffic Signs. Installing traffic signs shall be measured and paid as each. Include full compensation for all labor, equipment, material and supervision to remove and salvage all existing traffic signs, install all new traffic signs as shown on the plan, including all signs, and necessary hardware to attach to new post.
D. 4” x 4” Wood Sign Posts. Installing sign posts shall be measured and paid as each. Include full compensation for all labor, equipment and material to install sign posts.
E. Provide Bike Trail Closure Signage shall be measured and paid as a lump sum. Include full compensation for all labor, equipment, and supervision to provide all bike trail closed signs and barricades as shown on the bike trail detour plan sheet.
1.04 REFERENCES
A. State of Wisconsin Department of Transportation (WDOT), Standard Specifications for Highway and Structure Construction; Most recent edition with amendments to date, unless otherwise provided for in these specifications and special provisions.
B. The Asphalt Institute - Manual MS-4 - The Asphalt Handbook.
C. The Asphalt Institute - Manual MS-13 - Asphalt Surface Treatments and Asphalt Penetration Macadam.
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D. ASTM D946 - Penetration - Graded Asphalt Cement for Use in Pavement Construction.
E. TAI - (The Asphalt Institute) - MS-2 Mix Design Methods for Asphalt Concrete and Other Hot Mix Types.
F. TAI - (The Asphalt Institute) - MS-3 Asphalt Plant Manual.
G. TAI - (The Asphalt Institute) - MS-8 Asphalt Paving Manual.
1.05 QUALITY ASSURANCE
A. Perform Work in accordance with the Asphalt Institute Manual MS-4 and the State of Wisconsin Department of Transportation, Standard Specifications for Highway and Structure Construction.
B. To ensure quality control, provide copies of mix design test results for air voids and density for asphaltic concrete pavement as prepared by independent testing laboratories or by State of Wisconsin Department of Transportation Materials Laboratory to the engineer.
C. If the County requests, submit samples of the AC, binder and aggregate for independent testing.
D. Mixing Plant shall conform to State of Wisconsin Department of Transportation, Standard Specifications for Highway and Structure Construction.
E. ASPHALT TICKET REQUIREMENTS
1. Delivery tickets for loads delivered to the project shall be immediately placed on a clipboard on the paving machine. Alternately, the tickets shall be placed in a location on the job site which is acceptable to the County Construction Coordinator. Tickets given to the County representative after the fact will not be accepted. 2. Each ticket shall include the following information: a. Name, plant number and location of the plant. b. Name of contractor purchasing the material. c. Project location. d. Date. e. Type of mixture. f. Maximum size of aggregate. g. Truck number. h. Net weight of load. Each ticket shall have the weight stamped by an automatic type register beam platform scale or marked by a bonded weighmaster.
1.06 ENVIRONMENTAL REQUIREMENTS
A. Do not place asphalt when base surface temperature is less than 40 degrees F or surface is wet or frozen.
B. Do not place asphalt upper layer when air temperature is less than 50 degrees F.
1.07 JOB CONDITIONS
A. Do not work during freezing weather or on wet or frozen subgrade or subbase.
B. Protect other finished work from splatter of or spray of asphalt, etc.
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C. Visit site to verify existing conditions.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials and Workmanship: Conform to following Sections of the WDOT Standard Specifications for Highway and Structure Construction.
B. Preparation and Stone Base 1. Crushed Gravel Base Course shall conform to the gradation for 1 ¼-inch stone as set forth in Section 305.2.2.1, except that the amount of material passing the No. 200 sieve be between 7 percent and 12 percent of the Standard Specifications.
C. Preparation and Stone Base for Undercut Areas Crushed Gravel Base Course shall conform to the gradation for 3-inch stone as set forth in Section 305.2.2.1, of the Standard Specifications.
D. Bituminous concrete pavement shall conform to Sections 450, 455, 460, and 465 of the WDOT Standard Specification. 1. Provide plant-mixed asphaltic concrete mixture conforming to the approved mix design.
2. Aggregates used in the bituminous concrete pavement courses along the trail shall be crushed stone conforming of the following gradation requirements of Section 460.2 of the WDOT Standard Specification: a. Single Layer Asphalt Mix – 5 LT 58-28 S
3. Asphaltic concrete mixes used for surface course and binder course may contain salvaged or reclaimed asphaltic material in accordance with Subsection 460.2.5 and 460.2.6 of the WDOT Standard Specifications, or have a mix identification number verifying compliance with WDOT Standard Specifications.
PART 3 - EXECUTION
3.01 PREPARATION OF SUBGRADE
A. Check subgrade as to soundness, outline and contour. Prepare subgrade for areas to be paved by excavating, removing existing, and scraping down bumps and irregularities to obtain smooth, even bed. Provide excavation required for gravel base and new asphalt paving.
B. Where paving meets existing pavement, saw-cut existing pavement and remove existing pavement minimum of 2 inches deep for application of new topping. Feather edging of topping will not be permitted. Also, saw-cut straight line where pavement butts existing.
C. Verify that compacted subgrade and soil is dry and ready to support paving loads.
D. Verify gradients and elevations of base are correct.
E. Excavated and removed asphalt shall be removed from site.
F. Raise catch basin grates to meet requirements of new asphalt pavement. Use concrete sewer brick and mortar to raise existing catch basin grates.
02740-3 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02740.doc 06/01 3.02 PREPARATION OF BASE
A On prepared sub-bed place crushed stone base course, blade smooth and compact.
B. On first lift of base course apply 2nd layer and compact. Bring to true grade with variation of not more than 3/8 inch in 10'-0" from profile and section.
3.03 THICKNESS REQUIREMENTS
A. The following thicknesses are minimums: 1. Crushed stone base shall be 6 inches thick for path after compaction, over prepared subgrade. 2. Hot mix asphalt pavement shall be 3 inches thick with a single layer along the path.
3.04 INSTALLATION
A. Place asphaltic lower and upper layer over the base. Mix temperature shall be within the temperature range the mixture design specifies. Spread mixture mechanically as possible. Hand place from steel dump boards by means of hot shovels. Hand spread with hot rakes of suitable design.
B. Except when used for paving entrances, approaches, side road connections, and other small irregular areas, the paver shall be equipped with an approved automatic control system, capable of automatically controlling the elevation and slope of the screed in accordance with Section 450.3.1.4 of the WDOT Standard Specification.
C. Where new pavement abuts existing pavement, construct a butt-type joint conforming to Section 450.3.2.8 of the WDOT Standard Specification.
C. Where 1-inch wear surface is installed over existing asphalt pavement, clean and sweep existing pavement and apply a tack coat of asphalt at rate of 1/4 gallon per square yard just prior to placing asphalt surface course.
D. When the surface has cooled to a temperature of 140°F or less, the edges of the joint shall be painted with a tack coat, or reheated to the point of softening with an infra-red joint heater, before work is resumed. When the joint becomes distorted, the edges of the joint shall be trimmed to line and painted with tack coat before work is resumed. Joints shall always be above 140°F when another mat is placed alongside. The above conditions (below 140°F) should only exist due to a breakdown or at the staggered joints left at the end of a day.
E. Include adjustments to manholes, valve boxes, etc., in the paving work.
3.05 COMPACTION
A. Equipment used for compaction shall be suited to produce the required results and shall be subject to the approval of Engineer. Compaction of bituminous concrete material shall conform to the requirements of Section 450.3.2.6 of the WDOT Standard Specification.
B. Use sidewalk-type rollers in areas not accessible with standard-size equipment. Mechanical tampers will be permitted only with permission of Engineer.
02740-4 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02740.doc 06/01 C. Compact stone with mechanical equipment to meet requirements for special compaction as designated in paragraph 207.3.6.3 of the WDOT Standard Specification.
D. Compaction of bituminous concrete shall meet requirements of Section 450.3.2.6 of the WDOT Standard Specification. Mechanical tampers may be used only with Engineer's permission.
E. Edges of asphalt pavement shall be luted, or hand compacted.
3.06 TOLERANCES
A. Flatness: Maximum variation of 1/4 inch measured with 10-foot straight edge.
B. Scheduled Compacted Thickness: Within 1/4 inch.
C. Variation from True Elevation: Within 1/2 inch.
3.07 CURING
A. No traffic shall be permitted on pavement until it has cooled and hardened; and in no case for at least 24 hours.
3.08 PERMANENT SIGNING
A. Signs shall be fabricated and installed in accordance with Section 637 of the WisDOT Standard Specifications and the MUTCD.
B. The color for all signs shall be identical to that specified in the MUTCD for motor vehicles.
C. Wood posts shall be of the length necessary to meet the embedment and sign height requirements as shown in the MUTCD.
D. Wood posts shall be 4x4, softwood timber, treated to 0.40 using ACO pressure treated lumber.
E. Mounting hardware shall be medium carbon steel; galvanized coated per ASTM A123 to 20 oz/sq ft.
3.09 BIKE TRAIL CLOSURE SIGNS
A. Signs shall be fabricated and installed in accordance with Section 637 of the WisDOT Standard Specifications and the MUTCD.
B. The color for all signs shall be identical to that specified in the MUTCD for motor vehicles.
C. The exact location for all road closure signs will be determined in the field with the engineer.
3.10 CLEANING
A. At completion of work, remove rubbish, debris, dirt, equipment and excess material from site. Clean adjoining surfaces that were soiled by and during course of this Work. END OF SECTION
02740-5 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02740.doc 06/01 P698-19613 SECTION 02924 SEEDING AND SOIL SUPPLEMENTS
PART 1 GENERAL
1.1 SUMMARY
A. Section Includes: 1. Preparation of subsoil. 2. Placing salvaged and imported topsoil. 3. Seeding 4. Herbicides/pesticides 5. Mulching. 6. Fertilizing. 7. Maintenance.
B. Related Sections:
1. Section 01200 - Price and Payment Procedures – Requirements applicable to unit prices for the work of this section. 2. Section 02211– Grading and Site Clearing.
1.2 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Seeding on Salvaged Topsoil: By the square yard. Includes full compensation for preparing subsoil, placing salvaged topsoil to a depth of 6 inches per Section 625.3.3 of the WDOT Standard Specifications, final grading, preparing seedbed, fertilizing, seeding, mulching, watering and maintaining until final acceptance.
1.3 REFERENCES
A. State of Wisconsin Department of Transportation (WDOT) Standard Specifications for Highway and Structure Construction, current edition with amendments to date, unless otherwise provided for in these specifications and special provisions..
B. American Society for Testing and Materials: 1. ASTM C602 - Standard Specification for Agricultural Liming Materials.
1.4 DEFINITIONS
A. Weeds: Vegetative species, other than specified species, established in given area.
B. Acceptable stand of grass: Installed according to this specification and exhibiting vigorous growing condition free of weeds and bare spots and having undergone two mowings as specified.
1.5 SUBMITTALS
A. Section 01330 - Submittal Procedures: Requirements for submittals.
B. Product Data: Submit data for seed mix, fertilizer, mulch, and other accessories. C. Product Data: Submit data for seed mix, fertilizer, mulch, and other accessories. Contractor shall submit all bag tags for products used in the field. 1. Topsoil: Provide data on imported topsoil. Imported topsoil shall be tested as specified to verify compliance with specified requirements. The testing results shall include recommended fertilizer application rates.
02924-1 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02 2. Seed: Provide data on seed mixture showing name of seed supply company and percentage of seed mix. 3. Fertilizer: Provide data on fertilizer showing type, manufacturer, and composition. 4. Herbicides/pesticides: Provide data on any herbicides/pesticides to be used. 5. Mulch: Provide data on mulch including supplier and assurance that mulch is free of weed seeds.
D. Submit minimum 10 oz sample of topsoil proposed. Forward sample to UW Extension or approved equal testing laboratory in sealed bag or container to prevent contamination.
E. Test Reports: Indicate topsoil nutrient and pH levels with recommended soil supplements and fertilizer application rates. Provide recommendation for fertilizer and lime application rates for specified seed mix.
F. Manufacturer's Certificate: Certify Products meet or exceed specified requirements.
G. Analyze to ascertain percentage of nitrogen, phosphorus, potash, soluble salt content, organic matter content, and pH value.
H. Testing is not required when recent tests and certificates are available for imported topsoil. Submit these test results to testing laboratory. Indicate, by test results, information necessary for Landscape Architect to determine suitability.
I. Provide the source of imported topsoil at the discretion of the Landscape Architect. Topsoil can be required to be tested for contamination per the quality requirements of Section 01400-Quality Requirements.
1.6 CLOSEOUT SUBMITTALS
A. Section 01700 - Execution Requirements: Requirements for submittals.
B. Maintenance Data: Include maintenance instructions, cutting method and maximum grass height; types, application frequency, and recommended coverage of fertilizer.
1.7 QUALITY ASSURANCE
A. Provide seed mixture in sealed containers showing name of seed supply company, percentage of seed mix, germination percentage, inert matter percentage, weed percentage, year of production, net weight, date of packaging, and location of packaging.
1.8 REGULATORY REQUIREMENTS
A. Comply with applicable regulations for fertilizer and herbicide composition and application. Include evidence of compliance from applicable agencies having jurisdiction over herbicide/pesticide application and copies of applicator's current license.
B. Provide certificate of compliance from authority having jurisdiction indicating approval of seed mixture.
1.9 QUALIFICATIONS
A. Seed Supplier: Company specializing in manufacturing Products specified in this section with minimum 3 years documented experience.
02924-2 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02 B. Installer: Company specializing in performing work of this section with minimum 3 years of experience.
1.10 DELIVERY, STORAGE, AND HANDLING
A. Section 01600 - Product Requirements: Product storage and handling requirements.
B. Deliver grass seed mixture in sealed containers. Seed in damaged packaging is not acceptable.
C. Deliver fertilizer in sealed waterproof bags showing weight, chemical analysis, and name of manufacturer.
D. Deliver materials at time of application. Do not store on site.
1.11 MAINTENANCE SERVICE
A. Maintain seeded areas immediately after placement until grass is an Acceptable Stand of Grass. Required maintenance shall include, but not necessarily be limited to, watering, weeding, application of herbicides and pesticides, and minimum of two mowings. Provide maintenance until final acceptance.
PART 2 PRODUCTS
2.1 SEED MIXTURE
A. Seed shall comply with the requirements of Section 630 of the WDOT Standard Specifications.
B. Turf grass mix: “Reinder’s Deluxe 50 Turf Grass Mixture, proportion by weight as below:
Species Percent Germination Percent Mixture Kentucky Bluegrass 85 20 Newport Kentucky Bluegrass 85 12 Kenblue Kentucky Bluegrass 85 12 Park Kentucky Bluegrass 85 6 Creeping Red Fescue 85 25 Cutter Perennial Ryegrass 85 15 Fiesta III Perennial Ryegrass 85 10 Approximate Total: 100.00
2.2 SOIL MATERIALS
A. New or imported topsoil shall meet the requirements of Section 625.2 of the applicable WDOT Standard Specifications; free of objectionable debris such as stones, roots and twigs. Ensure 100% of topsoil passes a one inch sieve and at least 90% shall pass the No. 10 sieve. Field run topsoil shall only be used with pre- approval of Landscape Architect.
B. Salvaged topsoil shall meet the requirements of paragraph 625.2 of the applicable WDOT Standard Specifications, and shall be processed to be free of objectionable debris such as sod, stones, roots and twigs. Ensure 100% of salvaged topsoil passes a one inch sieve and at least 90% shall pass the No. 10 sieve.
02924-3 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02 2.3 ACCESSORIES
A. Mulching Material: Clean and dry oat or wheat straw, free from weeds, foreign matter detrimental to plant life. Hay or chopped cornstalks are not acceptable.
B. Fertilizer: Application and type of fertilizer will be governed by the recommendation of the soil test.
C. Water: Clean, fresh and free of substances or matter capable of inhibiting vigorous growth of grass.
PART 3 EXECUTION
3.1 EXAMINATION
A. Section 01300 - Administrative Requirements: Coordination and project conditions.
B. Section 01700 – Execution Requirements: Verify existing conditions before starting work.
C. Verify prepared soil base is ready to receive the Work of this section.
3.2 PREPARATION OF SUBSOIL
A. Prepare sub-soil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas.
B. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub-soil and debris. Remove stones two inches or larger.
C. Scarify subsoil to depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub- soil. Prepare subsoil in accordance with Section 625.3.1 of the WDOT Standard Specifications.
D. Notify Construction Coordinator and Landscape Architect when subsoil grading is complete and at least 24 hours prior to placing topsoil.
3.3 PLACING TOPSOIL
A. Spread topsoil to minimum depth of 6 inches over area to be seeded. Maintain lines, levels, profiles and contours. Rake until smooth.
B. Place topsoil during dry weather and on dry unfrozen subgrade.
C. Remove vegetation and foreign non-organic material from topsoil while spreading. Remove stones 1 inch or larger.
D. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage within ½” of finished elevation.
E. Place topsoil in accordance with Section 625.3.3 of the WDOT Standard Specifications. Ensure 100% of topsoil passes a one inch sieve and at least 90% shall pass the No. 10 sieve.
F. Place topsoil from the edge of pavements and extend into abutting areas as directed.
02924-4 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02 G. Notify Construction Coordinator and Landscape Architect at least 24 hours prior to placing seed. Topsoil grading requires approval by the Landscape Architect prior to spreading seed or seeding may be rejected.
3.4 FERTILIZING
A. Apply fertilizer at a rate to comply with recommendations of soil tests.
B. Apply after smooth raking of topsoil.
C. Do not apply fertilizer at same time or with same machine used to apply seed.
D. Mix fertilizer thoroughly into upper 2 inches of topsoil.
E. Comply with the requirements of Section 629 of the WDOT Standard Specifications.
F. Follow all manufacturer’s warnings and precautions related to the application of fertilizers.
G. Take all necessary precautions to protect waterways and drain inlets when applying fertilizers containing Phosphorous. Fertilizers containing Phosphorus shall only be used with approval from the Landscape Architect.
H. Lightly water soil to aid dissipation of fertilizer. Irrigate top level of soil uniformly.
3.5 SEEDING AND MULCHING
A. Prepared seedbed areas shall be inspected and approved by Parks Landscape Architect prior to seeding. Failure to comply may result in rejection of seeding work.
B. Apply seed at rate of 6 lbs per 1000 sq. ft., evenly, 1/2 in one direction and the other 1/2 in perpendicular direction. Rake in lightly.
C. Do not seed areas in excess of that which can be mulched on same day.
D. Planting Seasons: Spring, April15th through June 15th Fall, August 15th through October 15th. Seeding outside the specified time periods requires written approval and an irrigation plan to establish an acceptable stand of grass. Dormant seeding will be allowed but may require overseeding in the spring to reach acceptable
E. Do not sow immediately following rain, when ground is too dry, or when winds are over 12 mph.
F. Roll seeded area with roller not exceeding 112 lbs./linear foot.
G. Immediately following seeding and compacting, apply mulch to thickness of 1/8 inch. Maintain clear of shrubs and trees. All straw mulch material is to be machine crimped into topsoil.
H. Apply water with fine spray immediately after each area has been mulched. Saturate to 4 inches of soil.
I. Seeding shall comply with the requirements of Section 630 of the WDOT Standard Specifications.
J. Seed may be sown by either Method A or Method B as defined in Section 630.3.3 of the WDOT Standard Specifications. Preferred equipment for Method A shall be a
02924-5 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02 multi-packer type seeder. Light rolling or compacting will be required after seeding by Method A if it is not accomplished by the seeding equipment.
K. Mulching shall comply with the requirements of Section 627 of the applicable WDOT Standard Specifications. Method C, as defined in Section 627.3.2.3 shall be used for placing the mulch.
3.6 MAINTENANCE
A. Section 01700 - Execution Requirements: Requirements for maintenance service.
B. Maintain seeded areas immediately after placement until grass is well established and exhibits vigorous growing condition for 2 cuttings.
C. Maintain seeded areas immediately after placement until grass is an Acceptable Stand of Grass. Required maintenance shall include, but not necessarily be limited to, watering, weeding, application of herbicides and pesticides. Provide first 2 mowings of newly established grass. Mow grass at regular intervals to maintain at maximum height of 2-1/2 inches. Do not cut more than 1/3 of grass blade at each mowing. Perform first mowing when seedlings are 40 percent higher than desired height. Provide maintenance until final acceptance.
D. Notify Construction Coordinator and Landscape Architect 24 hours prior to mowing grass or applying fertilizer.
E. Water to prevent grass and soil from drying out. Maximum weight of water truck shall be 250 gallons (2000 pounds). The specified seed mix requires minimum of one-inch of water per week until germination.
F. Neatly trim edges and hand clip where necessary.
G. Immediately remove clippings after mowing and trimming. Do not let clippings lay in clumps.
H. Control growth of weeds. Apply weed control and/or herbicides as needed. Remedy damage resulting from improper use of herbicides.
I. Immediately reseed areas showing bare spots. Do additional seeding, fertilizing and mulching in areas failing to show an acceptable stand of grass within 30 days of initial seeding.
J. Repair washouts or gullies.
K. Protect seeded areas with warning signs during maintenance period.
3.7 FINAL ACCEPTANCE
A. Payment for seeding will be based on an acceptable stand of grass grown on site. If an acceptable stand of grass is not produced within 45 days of initial seeding, Owner reserves right to perform seeding and cost of this work will be deducted from the Contract. The 45 days applies to the growing period which is April 15 to November 1.
B. An acceptable stand of grass shall be defined as follows: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. and bare spots not exceeding 6 by 6 inches.
02924-6 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02 C. Damage resulting from erosion (gulleys, washouts) or other causes shall be repaired by Contractor in accordance with original installation at Contractors expense if damage occurs prior to Owner’s acceptance.
D. Complete seeding and obtain approval before final acceptance of the project. Include a minimum of two mowings as described under the Maintenance item.
3.8 SCHEDULE
A. All disturbed grass areas: 6-inch minimum topsoil. Fertilize, seed, mulch, and maintain as specified until final acceptance.
END OF SECTION
02924-7 \\w3027s02\dppi-projects$\P698 - Greenfield Pk OLT Reconstruct\06-Bidding Phase\Specs\Div02\19613_02924.doc 01/02