2018-21 Bid Documents.pdf

REQUEST FOR BID (RFB)

FOR

Woody Vegetation &

Invasive Plant Management

BID #2018‐21

Issued by:

Portage County Purchasing Department

All required bid documents/copies must be submitted No later than 2:00 PM 5/4/2018 to:

Portage County Purchasing

1462 Strongs Ave Stevens Point WI 54481

LATE BIDS WILL BE REJECTED

There will be a public opening for this Bid

For further information regarding this RFB contact Calvin Winters

At (715) 346‐1393 Email: wintersc@co.portage.wi.us

Issued: 4/13/2018

PORTAGE COUNTY BID #2018-21

WISCONSIN PAGE 2 OF 13

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. GENERAL INFORMATION AND SCOPE

2. CONTRACT TERM

3. QUESTIONS

4. METHOD OF BID

5. BID SUBMISSION

6. BID RESPONSE REQUIREMENTS

7. METHOD OF AWARD

8. BIDDER/CONTRACTOR QUALIFICATIONS

9. SPECIFICATIONS

10. ON SITE SERVICE

11. SUBCONTRACTING OR THIRD PARTY PAYMENTS

12. FIRM PRICES

13. INVOICING REQUIREMENTS

14. CONTRACT CANCELLATION

15. APPEALS PROCESS

ATTACHMENT A – SIGNATURE AND AUTHORITY AFFIDAVIT FORM

ATTACHMENT B – REFERENCES SHEET

ATTACHMENT C – BID OFFER FORM

ATTACHMENT D – STANDARD TERMS AND CONDITIONS

ATTACHMENT E – ANTICIPATED SERVICE LOCATIONS

ATTACHMENT F – WIS DOT HIGHWAY MAINTENANCE MANUAL: CHAPTER 7 – ROADSIDE MANAGEMENT /

SECTION 10 – WODDY VEGETATION / SUBJECT 5 – USE OF HERBICIDES

WISCONSIN PAGE 3 OF 13

1. GENERAL INFORMATION AND SCOPE

The County of Portage Wisconsin (County), through its Purchasing Department (Purchasing), requests bids to establish a contract for Woody Vegetation & invasive Plant Management for the 2018 season.

The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these bid documents. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid. Failure to meet specification requirements shall disqualify your bid. Vendors may not submit their own contract document as a substitute for these terms and conditions.

Retain a copy of these Bid documents for your files. Should you receive an award, these Bid documents become your contract terms and conditions.

Contract Execution: Portage County utilizes a web based electronic signature program (DocuSign) for the execution of contracts that do not require notarization. By submitting your bid you are agreeing to the use of this program to sign documents should you receive an award. There is no cost to the bidder associated with this process.

Definitions: The following definitions are used throughout the RFB documents:

Bidder/Vendor means a company or individual submitting a bid response to this RFB Contractor means bidder awarded the contract County means the County of Portage Wisconsin Purchasing means the County of Portage Purchasing Department RFB means Request for Bid State means the State of Wisconsin VendorNet means the State of Wisconsin’s electronic purchasing information system

2. CONTRACT TERM

Date of award, through 10/31/2018. Any extension must be authorized by mutual agreement of the vendor and the County.

3. QUESTIONS

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the Procurement Director named below of such error and request a modification or clarification.

Any communications or questions regarding the specifications, or special conditions of bid should be written and submitted to Purchasing as soon as possible, but no later than end of day on 4/24/2018.

Purchasing will respond to questions if necessary by issuing an official addendum, posted on VendorNet and on the Portage County Website. Bidders are responsible for checking these websites for any addenda before submitting a bid. Failure to acknowledge addenda may disqualify your bid.

https://vendornet.wi.gov/ http://www.co.portage.wi.us/

Any correspondence or questions submitted must include the bid number

Submit questions in writing via email to:

WISCONSIN PAGE 4 OF 13

Calvin Winters, Procurement Director, e‐mail: wintersc@co.portage.wi.us Phone: 715‐346‐1393

4. METHOD OF BID

Bidder must submit a unit price for each item. All prices must be quoted in U.S. Dollars. Bidder must bid on the enclosed Bid Offer Form.

5. BID SUBMISSION

Bidders must submit an original and one copy including all required materials for acceptance of their bid by the date and time listed on the Bid Cover Sheet. Any bids received after that time and date will be rejected. Receipt of a bid by the US mail system does not constitute receipt of a bid by Purchasing, for purposes of this RFB. Also refer to the Bid Response Requirements.

Faxed and e‐mailed bids are not accepted. Bids must be forwarded to:

Portage County Purchasing

All bids are to be packaged, sealed, and show the following information on the outside of the package:

‐Vendor's Name and Address ‐Request for Bid Title ‐Request for Bid Number ‐Bid Due Date

6. BID RESPONSE REQUIREMENTS

In order for your bid to be considered, the following information must be provided by the due date and time listed on the bid cover page. Include:

6.1 Signature and Authority Affidavit Form, Attachment A (Acknowledge addendum(s) if any.)

6.2 References Sheet, Attachment B

6.3 Bid Offer Form, Attachment C

The Signature and Authority Affidavit submitted in response to this RFB must be signed by the person in the Contractor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices and services. Failure to provide these forms/information with your bid submittal may disqualify your bid. The County encourages all bidders to print their submission double‐sided to save paper

7. METHOD OF AWARD

Award(s) shall be made on the basis of the lowest overall price per item from a responsive, responsible bidder who meets specifications and is in the best interest of the County. Bidder’s timeliness of service delivery, quality of equipment, capabilities, and competence of staff may be considered when making this award.

8. BIDDER/CONTRACTOR QUALIFICATIONS

To be eligible for a contract award, you must be qualified and able to provide the following:

8.1 Bidder must supply references of three firms to which similar services have been provided during the past five years to a comparable‐sized institution or company. If contacted, all of those

WISCONSIN PAGE 5 OF 13

references must verify that a high level of satisfaction was provided. Use Attachment B to list references.

8.2 Bidder must be in the business of Herbicide Application for the past five years.

8.3 Awarded contractor must provide Purchasing a Certificate of Insurance naming Portage County

Wisconsin as additionally insured and maintain the minimum limits specified for the term of the contract. All policies must be issued with a 30‐day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A1, and signed by an authorized agent.

Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non‐owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

9. SPECIFICATIONS

The following specifications are minimum acceptable requirements. Bid specifications may not be revised without an official written addendum issued by Purchasing.

9.1 Herbicide application services provided must fully comply with all industry standards, OSHA, State, Federal, and Local laws, codes and ordinances.

9.2 Equipment must be properly maintained and in working order as per manufacturer’s specifications.

9.3 Equipment operators must be properly trained and proficient with the equipment. Equipment operators must be certified and licensed in Category 6.0, Right‐of‐way and natural areas.

9.4 Services must be performed in a professional safe manner and follow the direction of the County.

9.5 Provide the County with SDS sheets of product to be used and daily records of all herbicide applications

9.6 The bulk of services to be scheduled and completed by 9/30/2018, subject to weather conditions.

9.7 See Attachment E – Anticipated Service Locations for a list of estimated service for 2018. The

County does not guarantee to purchase any specific quantity or dollar amount. Bids that state the County must guarantee a specific quantity or dollar amount may be disqualified.

9.8 Parsnip spraying areas to be determined on an as needed basis.

9.9 Contractor must follow the Wisconsin Department of Transportation Highway Maintenance

Manual: Chapter 7 Roadside Management – Section 10 Woody Vegetation – Subject 5 Use of Herbicides

9.10 Contractor must perform all work within the road right‐of‐way.

9.11 The County is not responsible for damages to crops or other claims from adjacent property owners when herbicides are applied in the road right‐of‐way by the Contractor. Any claims arising from private property damages will be the responsibility of the Contractor.

9.12 Contractor shall GPS all spraying locations and provide to County.

WISCONSIN PAGE 6 OF 13

10. ON SITE SERVICE

In carrying out the scope of this contract, the Contractor shall be required to perform services on County property. Bidders must include all transportation, fuel and insurance charges. Failure to include these costs may disqualify your bid.

11. SUBCONTRACTING OR THIRD PARTY PAYMENTS

All subcontracting shall be pre‐approved by the County before work begins. Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment. The County will not pay any subcontractor or third parties directly.

12. FIRM PRICES

The awarded Contractor(s) may not increase pricing for the entire contract period. Awarded Contractor(s) may lower pricing during the term of the contract due to changing market conditions.

13. INVOICING REQUIREMENTS

The County’s terms are to pay or reject invoices within 30 days of receipt. Before payment is made, it also must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

All invoices must be itemized showing:

a. date & location of service d. complete product description as

b. vendor name stated on your bid.

c. remit to address e. prices per the contract

The original invoice must be sent to the Portage County Highway Department.

14. CONTRACT CANCELLATION

This Contract may be terminated by either party under the following conditions:

14.1 The County may terminate the contract at any time at its sole discretion by delivering 10 days written notice to the Contractor.

14.2 If at any time the Contractor’s performance threatens the health and/or safety of the County or the public, the County has the right to cancel and terminate the Contract without notice.

14.3 If the Contractor fails to maintain and keep in force the insurance as required, the County has the right to cancel and terminate the Contract without notice.

15. APPEALS PROCESS

Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify Wisconsin Statutes or Portage County Ordinance provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with Calvin Winters, Procurement Director, Portage County Wisconsin, 1462 Strongs Ave, Stevens Point, WI 54481, and received in his office no later than five (5) working days after the notice of intent to award is issued.

WISCONSIN PAGE 7 OF 13

The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued.

The decision of the Procurement Director may be appealed to the Corporation Counsel Office within (5) working days of issuance. The appeal must allege a violation of a Wisconsin Statute or a Portage County Ordinance provision.

WISCONSIN PAGE 8 OF 13

ATTACHMENT A

SIGNATURE AND AUTHORITY AFFIDAVIT FORM

BIDDING COMPANY NAME: __________________________________________________________

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship)

Address: __________________________________________________________________________

City _____________________________ State ________ Zip + 4 _______________________

Number of years in Business _______

Name the person to contact for questions concerning this bid.

Name ___________________________ Title _______________________________

Phone ( ) _______________________ Toll Free Phone ( ) __________________________

Fax ( ) _______________________ Email Address ____________________________

In signing this bid, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, having familiarized themselves with the conditions affecting the cost of the work, having read completely the specifications, hereby proposes to perform everything required and to provide and furnish labor, materials, equipment, tools and all other services and supplies necessary to produce in a complete and workmanlike manner all of the materials or products described in the specifications relating to this Bid.

I further certify that I have carefully examined the bid documents and all terms herein, and site where the work is to be done and have no agreements to prevent the completion of said work.

Signature Title

Name (type or print) Date

This firm herby acknowledges receipt / review of the following addendum(s) (If any)

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

WISCONSIN PAGE 9 OF 13

ATTACHMENT B

REFERENCES

Vendor: _______________________________________________________________________

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document.

Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate page.

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

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ATTACHMENT C

BID OFFER FORM

Vendor:____________________________________________________________________________

Line # Description Price per Mile

Application of Woody Herbicides on County Right of Way for woody vegetation control (Attachment E)

2 Application of Herbicides on County Right of Way for invasive plant (Wild Parsnip) control (Areas to be determined)

Please include in your bid:

‐ Hourly rate sheets ‐ List of proposed products to be used for each bid item

Lead time for delivery of services is __________ days after receipt of order

An original and one copy of all required forms are included in the submittal? Yes_____ No______

Description of application equipment / process to be used for the work described (add additional sheets if needed):

Portage County is exempt Federal Excise and Wisconsin Sales Taxes, 77.54(9a). WI Stats.

Portage County’s CES number is ES 43251.

WISCONSIN PAGE 11 OF 13

ATTACHMENT D

STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired, unless otherwise specified. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish an acceptable equivalency. The County shall be the sole and final judge of equivalency.

2.0 HOW TO AMEND A REQUEST FOR BID, PROPOSAL OR QUOTE:

2.1 Public Works Projects are subject to Wis Stats 66.0901(5): If a person submits a bid or proposal for the performance of public work under any public contract to be let by a municipality and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder may not bid upon the public contract unless it is re‐advertised and relet upon the re‐ advertisement. If a bidder makes an error, omission or mistake and discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality clear and satisfactory evidence of the mistake, omission or error and that it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans or specifications and in conforming with the provisions of this section. If the discovery and notice of a mistake, omission or error causes a forfeiture, the bidder may not recover the moneys or certified check forfeited as liquidated damages unless it is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

2.2 Non‐Public Work Projects: After a Request for Bid/Proposal/Quote has been filed with the Portage County Purchasing

Department, the responder may submit an amended response BEFORE THE DUE DATE AND TIME set in the request. All the conditions and provisions of the original Bid/Proposal/Quote will be in effect. No submittals or amendments will be accepted after the due date and time of the request. This does not preclude the County from requesting additional information and/or clarification.

3.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

4.0 QUALITY: Unless otherwise indicated in the request, all material shall be new, newest model year, and free from defects.

Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the County.

5.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

6.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

7.0 PRICING AND DISCOUNT: The County qualifies for governmental discounts. Unit prices shall reflect these discounts.

7.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price; the unit price shall govern in the bid/proposal evaluation.

7.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions.

WISCONSIN PAGE 12 OF 13

8.0 RESPONSES TO REMAIN OPEN: Responses must remain open and will be deemed to be open and subject to acceptance until awarding of the bid/proposal is finalized, or a minimum of sixty (60) days unless otherwise specified.

9.0 ACCEPTANCE‐REJECTION: The County reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, request clarification of any bid/proposal, award a bid/proposal that is not the lowest price, and to accept any part of a bid/proposal as deemed to be in the best interests of the County.

10.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs and other costs attributable to the delay.

11.0 CONTRACT AND EXECUTION OF CONTRACT: Unless otherwise specified in the bid/proposal, the successful responder agrees to enter into a contract, a copy of which will be on file in the office of the Portage County Purchasing Department. Contractor shall and will well and truly execute and perform this contract under the terms applicable to the satisfaction of the County, and shall promptly make payment to each and every person or party entitled thereto of all the claims for work or labor performed and materials furnished in the performance of this contract.

12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County.

13.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The

Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The County reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The County also reserves the right to cancel this contract with any state or federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non‐procurement contracts.

14.0 LICENSES AND PERMITS: Contractor shall have and/or provide any and all licenses and permits required to perform the work specified and furnish proof of such licensing authorization and permits with their bids if required.

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the County.

16.0 NONEXCLUSIVE CONTRACT: Unless otherwise stated, the County reserves the right to purchase work or materials outside of this contract.

17.0 NONDISCRIMINATION & AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the

Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. 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.

18.0 INDEPENDENT CAPACITY: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the County.

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19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the County must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

20.0 WARRANTY: Unless otherwise specifically stated, services performed as a result of this request shall be warranted against defects by the Contractor for one (1) year from date of receipt.

21.0 INSURANCE RESPONSIBILITY: If insurance is required, satisfactory proof of the existence and carriage of such insurance of the kinds and limits specified will be required.

22.0 CANCELLATION: The County reserves the right to cancel any contract in whole or in part without penalty due to non‐ appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

23.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Portage County tax liability may have their payments offset by the County.

24.0 OPEN RECORDS: Both parties understand that the County is bound by the Wisconsin Public Records Law, and as such, responses and contracts are subject to and conditioned on the provisions of the law. Contractor acknowledges that it is obligated to assist the County in retaining and producing records that are subject to Wisconsin Public Records Law, and that the failure to do so shall constitute a material breach of the contract, and that the Contractor must defend and hold the County harmless from liability under that law. Except as otherwise authorized, those records shall be maintained for a period of seven (7) years after receipt of final payment under the contract.

25.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, the Contractor shall provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

26.0 ADVERTISING AND NEWS RELEASES: Reference to or use of the County, any of its departments, officials, or employees, for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the County. Release of broadcast e‐mails pertaining to this procurement shall not be made without prior written authorization of the County.

27.0 HOLD HARMLESS: The Contractor will indemnify, pay the cost of defense including attorney’s fees, and save harmless the County and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

28.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this contract is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707‐7846; telephone (608) 261‐ 7577.

29.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this contract in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

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Portage County

0 1 2 3 4 Miles

SOURCE:

Municipal Boundaries: Portage County Planning and Zoning, November 1, 2011 Roads: Portage County Planning and Zoning, November 1, 2011 Water Bodies: Portage County Planning and Zoning, April, 2000

Print Date: April, 2018

Highway Location Approx Miles

CTH GG CTH EE to CTH A 3.88

CTH Z Edgewood Rd to CTH A 7.2

CTH MM CR A to Waupaca Cty Line 5.5

CTH JJ CTH BB to CTH W 3.84

CTH N CTH BB to CTH A 5.6

CTH E CTH HH to STH 34 7.88

CTH H CTH E to CTH G 3.94

CTH II STH 66 to CTH PP 3.72

CTH A CTH EE to CTH D 3.58

CTH V CTH T to Waupaca Cty Line 0.6

CTH D CTH A to CTH TT 3.1

CTH D CTH TT to STH 54 7.13

CTH T CTH MM to CTH A 1.4

CTH I CTH OO to CTH K 5.87

CTH ZZ CTH Z to STH 161 7.12

CTH T STH 161 to CTH MM 4.1

CTH T STH 161 to CTH SS 0.92

Portage County Highway Department

Woody Vegetation

Spraying Areas

Attachment E

July 2015 Page 1

Highway Maintenance Manual Bureau of Highway Maintenance

Chapter 07 Roadside Management July 2015

Section 10 Woody Vegetation

Subject 05 Use of Herbicides

1.0 Authority

s. 84.07, Wis. Stats. Provides for the maintenance and preservation of highways on the state trunk system.

NR 80 Use of Pesticides on Land and Water Areas of the State of Wisconsin. This is a Department of Natural Resources administrative rule. This rule regulates the application of pesticides on land and water areas of the State.

NR 107 Aquatic Plant Management. This is a Department of Natural Resources administrative rule. This rule regulates the application of pesticides on aquatic organisms.

ATCP 29 Pesticide Use and Control. This is the Department of Agriculture, Trade and Consumer Protection administrative rule. It describes posting requirements for herbicide applications and outlines the use and control of pesticides.

NR 706 Hazardous Substance Discharge Notification and Source Confirmation Requirements.

2.0 General

Herbicides must be registered by the Environmental Protection Agency for the intended use. They must be used in accordance with the requirements and regulations of administrative rules ATCP 29, NR80, and NR 107.

Herbicides must be used properly and safely. Care should be taken to preclude damage to desirable plants and non-target vegetation. In all cases, read and follow the label directions.

Herbicides may be applied either by county forces or by a private contractor. In either case, the applicators should be properly trained. Private contractors must be certified and licensed in Category 6.0, Right of way and natural areas. Herbicides classified as “Restricted-use” herbicides may only be applied by certified pesticide applicators. If application is to be by private contractor, see HMM 07-05-20, Herbicide Application Contracts.

State and county employees working with pesticides, including herbicides, as part of their employment responsibilities are considered Commercial Applicators Not for Hire and, as such, are not required to be certified and licensed. However, the Occupational Safety and Health Administration, (OSHA) requires that employers ensure employees exposed to any hazardous substances, including any herbicide, are trained to handle those substances properly. Therefore, it is strongly recommended those involved with applying herbicides, either in a supervisory role or directly with the application, take the appropriate training offered by the University of Wisconsin Extension whether or not they choose to become certified.

OSHA also requires the employer have on record a Material Safety Data Sheet (MSDS) for each hazardous substance that enters the workplace. The MSDS provides important health, safety and environmental information.

It is important the most current label, labeling and MSDS are on file. Labeling refers to the actual label and to all additional information such as brochures and handouts provided by the manufacturer or dealer at the time of purchase. Herbicide labels and material safety data sheets may be accessed online through the manufacture of the herbicide.

Keep a daily record of all herbicide applications for at least two years from the date of application. Attachment 1 is an example log for use. ATCP 29 specifies a record of any herbicide application requires the applicator be certified be kept on file for 2 years after the date of application. For department purposes, this means that a daily record must be kept of any application made by an outside (private) contractor hired to apply any herbicide or http://docs.legis.wisconsin.gov/statutes/statutes/84/07/1 http://www.legis.state.wi.us/rsb/code/nr/nr080.pdf http://docs.legis.wisconsin.gov/code/admin_code/nr/100/107 http://docs.legis.wisconsin.gov/code/admin_code/atcp/020/29.pdf http://docs.legis.wisconsin.gov/code/admin_code/nr/700/706

HMM 07-10-05 Use of Herbicides

July 2015 Page 2 any application of a restricted use herbicide made by the counties. Though not required, it is recommended a record of all herbicide applications, regardless of whether certification is required, be kept by the organization that made the application for at least two years. These records must be made available to the department upon request.

Herbicides used in the following application methods must be labeled for that particular method.

3.0 Foliar Applications

Some herbicides may be applied to the foliage of trees whenever they are in leaf. Do not apply herbicides to foliage during the spring, summer and early fall before the leaves have started to senesce (turn color).

Applications at this time cause the leaves to die and turn an objectionable brown know as “brown-out”. This condition generates objections from the public.

If foliage treatment is the preferred application method, use an herbicide containing fosamine as the active ingredient, such as Krenite Sâ, just prior to the start of fall coloration, usually about the middle of September.

Fosamine does not kill the foliage immediately but causes the plant to not leaf out the following spring.

Occasionally, retreatment may be necessary if some of the harder-to-kill species send out new shoots in the spring following the fall application.

4.0 Cut Stump and Stubble Applications

Whenever live woody vegetation is cut, prevent regrowth from the cut trunk or stem by applying an appropriate herbicide to the cut surface. For cuts larger than about 3-inches in diameter, apply the herbicide to thoroughly wetting the cambium layer found just inside the bark. For cuts smaller than 3-inches in diameter, the entire surface should be treated. Use a spray bottle or sponge brush to apply the herbicide. Avoid application during heavy upward sap flow in the spring, when sap flowing out of the wound will prevent good absorption.

Apply the herbicide immediately after cutting for maximum effectiveness. Effectiveness will likely be reduced if application is delayed one hour, with a serious drop-off in penetration after about 4 hours. If application is delayed after cutting, re-cut the stump and apply the herbicide to the live tissue. Delaying herbicide application to freshly cut trees can result in re-sprouting from the tree collar and roots. Immediate application also aids in locating the stumps to be treated, especially the smaller sizes. Add a dye to the product to aid in keeping track of the treated vs. the untreated stumps if it does not contain one already.

Some herbicides labeled for cut stump treatments are formulated to be ready to use directly from the container, especially when purchased in smaller quantities. Others should be diluted with a “carrier” to reduce the concentration of the active ingredient. Dilute with a petroleum-based penetrant during winter months to avoid freezing.

5.0 Basal Bark Applications

Basal bark treatment involves the application of a herbicide in a 12- to 18-inch band around the trunk or stem below the lowest branch. The selected herbicide should be mixed with refined mineral oil, diesel fuel, kerosene, or other suitable carrier and applied until the bark around the entire circumference of the tree is wet. This method is effective on trees up to about 6-inches in diameter and may be effective on larger thin-barked species.

6.0 Waters of the State

A permit from the DNR is required to apply an herbicide to a water of the state. Waters of the state include but are not limited to lakes, streams, ponds and ditches, whether public or private. Ponds that exist due to flooding are not considered waters of the state. If a drainage ditch has constant water flow, it is considered a water of the state. Contact the DNR Aquatic Plant Management Coordinator for the appropriate county with aquatic plant management questions or to obtain herbicide application permits

No permit is needed if there is no standing water. Apply the “wet sock” test to determine if there is standing water. If your socks get wet when standing in the ditch without shoes, it is considered to be standing water.

http://dnr.wi.gov/lakes/contacts/Contacts.aspx?role=AP_MNGT

July 2015 Page 3

According to NR 107.11(4)(e), drainage ditches on rights of way are exempt from the permit requirements if the Department of Natural Resources determines fish and wildlife resources are insignificant.

7.0 No-Spray Areas

Occasionally, adjacent landowners/residents request the department not use herbicides on the right of way adjacent to their property. These requests may be honored if a written agreement is obtained from the person(s) making the request stating they will maintain the portion of right of way in question to the minimum standards required by department guidelines. The agreement should contain a clause stating if the requester fails to abide by the agreement, the department will resume normal maintenance activities. See HMM 07-05-25, Pesticide-free Zones.

Since January, 1999 the department has participated in a multi-partner Habitat Conservation Plan (HCP) to protect the endangered Karner blue butterfly. See HMM 07-15-10, Karner Blue Butterfly Accommodations, for specific requirements of the HCP.

8.0 Purchase and Storage of Herbicides

Herbicide purchases should be carefully planned for immediate and complete use; the amount purchased should reflect the amount to be applied within the current year.

Store herbicides and other pesticides in their original container and in a protected and secured area to prevent access by unauthorized people and animals. Do not store near food. Post signs clearly indicating herbicides are stored in the building. To prevent damage to the herbicide or the container, keep the temperature of the storage area between 40° F and 100° F. Keep the area well-ventilated. Be sure containers that have been opened are tightly sealed to avoid leakage.

9.0 Spills

The department’s responsibilities when a spill of a hazardous substance occurs are described in administrative rule NR 706.05.

10.0 Container Disposal

Empty metal or plastic containers should be triple rinsed, punctured and recycled or landfilled unless they can be reconditioned and reused by the herbicide manufacturer. Rinsate, leftover diluted pesticides from cleaning pesticide application equipment or containers, waste should be disposed of by applying it to target plants.

Dispose of empty paper containers in a sanitary landfill.

Burning or burying pesticide containers is illegal in Wisconsin, regardless of what the label says.

11.0 Disposal of Excess Products

Left-over product is best avoided by purchasing only what will be used during the current season. Unopened containers left at the end of the season should be returned to the dealer from who purchased, if possible. Other remaining product should be stored as described above and used during the next season. Always use the oldest product first.

If a herbicide becomes outdated or cannot be used according to label directions, it is considered hazardous waste and disposal must follow regulations found in administrative code NR 660, Hazardous Waste Management.

12.0 Herbicide Application Contracts

If it is deemed to be in the best interest of the department to apply herbicides to woody plants via private contractor, refer to Sections 3.0 and 4.0 of HMM 07-05-20, Herbicide Application Contracts.

http://docs.legis.wisconsin.gov/code/admin_code/nr/100/107/11/4/e http://docs.legis.wisconsin.gov/code/admin_code/nr/600/660

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13.0 Payments

The cost of herbicide applications conducted for the purpose of woody plant control should be charged to Activity Code 043, Woody Vegetation. The cost of work performed or contracted by the county should be submitted on the county’s Routine Maintenance Agreement monthly invoice. Charge the cost of work contracted through Wisconsin Department of Transportation regional offices to the appropriate project ID number

14.0 Damage Claims

The department is not responsible for damages to crops or other claims from adjacent property owners when herbicides are applied to state trunk highway rights of way in accordance with the labeling and applicable laws and regulations. If claims are brought against the department, refer the complainant to the organization that applied the herbicide (i.e. the private contractor or the county highway department).

15.0 Additional Information

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Pesticides

Wisconsin Department of Natural Resources (WDNR) Aquatic Pesticides

UW extension Pesticide Applicator Training

UW extension Integrated Pest and Crop Management Resources http://datcp.wi.gov/Plants/Pesticides/ http://dnr.wi.gov/topic/wastewater/aquaticpesticides.html http://ipcm.wisc.edu/pat/ http://ipcm.wisc.edu/

July 2015 Page 5

Attachment 1

PESTICIDE APPLICATION RECORD

(Must be filled out on the day of the application)

1. Applied for WisDOT Region _____________________________________________

Contact Name __________________________ Contact Phone_______________

2. Application Date _______________________________________________________

Starting Time____________________________ Ending Time ________________

3. Application Location: County ________________ Highway ___________________

From _______________________________ To _____________________________

Side of Highway (North, Northeast, Median, etc.) ____________________________

4. Application Equipment Loading Location:

Description __________________________________________________________

Address ____________________________________________________________

5. Applied By (Business Name) ____________________________________________

Individual Applicator’s Name ____________________________________________

Address ____________________________________________________________

Applicator’s Certification Number ________________________________________

6. Target Pest or Plant ___________________________________________________

7. Pesticide (Herbicide) Brand or Product Name _______________________________

Manufacturer_______________________ EPA Registration Number ________________

EPA Classification: Restricted Use __________ General Use __________________

8. Amount of Pesticide (Herbicide) Applied:

Gallons or Pounds of Concentrate ________________________________________

Formulation (Liquid, wettable Powder, etc.) ___________________________________

Additives ___________________________________________________________

Gallons of Spray Mixture _________________ Total Area Treated ________________

Application Rate _________________________________________________________

Spot Sprayed _________________________ Broadcast Sprayed ________________

9. Type of Area or Site Treated _____________________________________________

10. Weather Conditions: Temperature ____________ Cloud Cover ________________

Wind Direction _________ Velocity ________ Humidity ___________________

Comments and Remarks:

Signed _______________________________

Applicator

Distribution: County and Transportation Region. Retain for 2 years.