2024-12PC Bid Document 030524.pdf

Request for Bid (RFB) for

Ready Mix Concrete

Bid #2024-12PC

Issued by:

Portage County Purchasing Department

All required bid documents/copies must be submitted No later than 2:00 PM on 3/26/2024 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 Chris Schultz

At (715) 346-1393 Email: schultzc@co.portage.wi.gov

Issued: 3/05/2024 mailto:schultzc@co.portage.wi.gov

Portage County Bid # 2024-12PC 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. Firm prices

11. Orders

12. Invoicing Requirements

13. Contract Cancellation

14. 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 - WisDOT STANDARD SPECIFICATIONS ATTACHMENT F- Section 415 and 416

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1. General Information and Scope The County of Portage Wisconsin (County), through its Purchasing Department (Purchasing), requests bids to establish a contract for the purchase of ready mix concrete delivered to various Highway Department projects and job sites as needed for concrete pavement, concrete pavement repairs/replacements, concrete curb & gutter, concrete sidewalk and other appurtenant concrete construction.

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 12/31/2024, with three (3) one-year renewal options. 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 2PM on 03/14/2024.

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

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Any correspondence or questions submitted must include the bid number

Submit questions in writing via email to:

Chris Schultz, Procurement Specialist, e-mail: schultzc@co.portage.wi.gov 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.

Bids requiring an order minimum shall be disqualified.

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 mailed or delivered to:

Portage County Purchasing Department

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. Failure to include any required documents will disqualify your bid.

Include an original and a copy:

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

6.4 Manufacturer’s/Bidder’s warranty statement

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 net unit price per item from a responsive, responsible bidder who meets specifications. Timeliness of delivery may be considered when making this award.

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Volume discounts shall not be considered when determining award. However, they shall apply to orders issued on this contract.

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 be an original manufacturer, or distributor and/or dealer/company authorized by manufacturer to sell their products.

8.2 Bidder must supply references of three firms to which similar products/service have been provided during the past three years to a comparable-sized institution or company. If contacted, all of those references must verify that a high level of satisfaction was provided. Use Attachment B to list references.

8.3 Bidder must be in the business of ready mix concrete for the past three years.

8.4 Contractor should be able to report on a semi-annual basis all products purchased against this contract.

8.5 Awarded contractor must provide Purchasing a Certificate of Insurance 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 A+, 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. Any specific reference to manufacturer(s) and/or catalog/model/stock numbers provided is to establish the design, type of construction, quality, functional capability and performance level desired. The bidder may offer an alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with your bid to establish equivalency and to ensure that the product being bid meets all specifications. Failure to provide product specifications and information may disqualify your bid. The County of Portage shall be the sole judge of equivalency and acceptability. Any attachments, documents, price lists, etc. to support your bid, must include the bid number

Bid specifications may not be revised without an official written addendum issued by Purchasing.

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9.1 Concrete shall meet State of Wisconsin Department of Transportation (WisDOT) current Section

415, 416 & 501 Standard Specifications (See attachment E) along with all other related current WisDOT standard specifications.

9.2 All materials in concrete ready mix shall be approved by the State of Wisconsin Department of Transportation (WisDOT).

9.3 Concrete batch plant supplying the concrete ready mix material for this bid shall be approved by the State of Wisconsin Department of Transportation (WisDOT).

9.4 All prices shall include transportation, delivery, and any other fees associated.

9.5 Delivery shall be same day as call for product.

10. Firm prices The awarded contractor must hold the accepted costs for the entire contract period. The County will review any adjustment of costs before the beginning of a contract renewal period. Price increase requests must be justified with supporting documentation of industry-wide increases.

11. Orders The County may use the following methods to purchase from this contract:

• Specific (Purchase) orders may be placed for one-time shipments.

• Purchase Orders, blanket-type, may be issued by Purchasing to allow departmental personnel to call or fax for product or service against the order as needed.

• Purchasing card releases: placed by department personnel using their County purchasing card.

12. 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. purchase order number 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 bill-to address shown on the Purchase Order.

Invoices/Purchasing card Orders placed by the County using a purchasing card must reflect current contract pricing.

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

13.1 The County may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the Contractor.

If the problem is service performance, Contractor will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor will be given a period of time to ‘cure’ the performance. If the performance does not improve, Contractor will be given 5 days written notice that the contract will be cancelled.

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Upon termination, the County’s liability will be limited to the pro rata cost of the services performed as of the date of termination.

13.2 In the event the Contractor terminates the contract, for any reason whatsoever, it will require written certified letter notification delivered to the Purchasing Department not less than 60 days prior to said termination. The Contractor will, in turn, refund the County, within 30 days of said termination, all payments made hereunder by the County to the Contractor for work not completed.

13.3 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.

13.4 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.

14. 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 Chris Schultz, 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.

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.

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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 hereby acknowledges receipt / review of the following addendum(s) (If any)

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

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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:______________________________________________________________

Please indicate cost per cubic yard (CY) for each grade/type of concrete ready mix below as available by your company

Concrete grade/type Cost per CY for each grade/type

Additional cost per CY for fiber reinforced concrete for each grade/type

High Early Strength (HES) cost per CY for each grade/type

Grade A Grade A2 Grade A3 Grade C SHES* xxxxxxxxxxxxxxxxxxxxxxxx

*SHES = Special High Early Strength Concrete Pavement and Repair mix per WisDOT specifications

Can you provide same day delivery to job sites? Yes_____ No______

Is there an additional charge for cold weather concrete? Yes_____ No______ If yes, list additional cost per CY for all above mixes: ________ If yes, when is cold weather concrete in effect?

Is there an additional charge for a small load? Yes____ No____ If yes, list additional cost per CY for all above mixes: ____ If yes, when is the small load charges in effect? ______________

Are you able to provide concrete mix designs for all of the above bid concrete mixes if required?

Yes____ No____

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

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

Portage County’s CES number is 008-0000250266-06.

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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.

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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, gender identity and gender expression, 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, equipment purchased as a result of this request shall be warranted against defects by the Contractor for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Contractor.

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.

Effective with the November 2021 Letting 2022 Standard Specifications

501 Concrete

501.1 Description

(1) This section describes concrete requirements including component materials, proportioning, mixing, placing, and protecting concrete mixtures.

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501.2 Extensive rewrite and reorganization to clarify general concrete material requirements.

501.2 Materials

501.2.1 (Vacant)

501.2.2 Definitions

(1) Use the definitions in 301.2, and interpret these terms used in 501 as follows:

Ancillary concrete A general term used throughout the standard specs in reference to all concrete items that are not class I concrete.

Coarse aggregates Aggregate predominantly retained on the No. 4 sieve

Concrete class The department categorizes concrete as class I, II, or III defined by the sampling, testing, and reporting requirements specified in 715 and 716.

Concrete grade The department categorizes concrete as grade A, B, C, or E defined by cementitious material content.

Fine aggregates Aggregate that entirely passes the 3/8-inch sieve, almost entirely passes the No. 4 sieve, and is predominantly retained on the No.

200 sieve.

501.2.3 Sampling and Testing

(1) Sample and test aggregates for concrete according to the following:

Sampling aggregates[1] ..................................................................................................................... AASHTO T2 Lightweight pieces in aggregate ................................................................................................... AASHTO T113 Material finer than No. 200 sieve[1] ................................................................................................. AASHTO T11 Unit weight and voids in aggregate ................................................................................................. AASHTO T19 Organic impurities in sands ............................................................................................................ AASHTO T21 Sieve analysis of aggregates .......................................................................................................... AASHTO T27 Effect of organic impurities in fine aggregate .................................................................................. AASHTO T71 Los Angeles abrasion of coarse aggregate .................................................................................... AASHTO T96 Alkali silica reactivity of aggregates ................................................................................................ ASTM C1260 Alkali silica reactivity of combinations of cementitious materials and aggregates ........................... ASTM C1567 Freeze-thaw soundness of coarse aggregate[1] ............................................................................ AASHTO T103 Sodium sulfate soundness of coarse aggregates (R-4, 5 cycles) ................................................. AASHTO T104 Specific gravity and absorption of fine aggregate ........................................................................... AASHTO T84 Specific gravity and absorption of coarse aggregate[1] ................................................................... AASHTO T85 Flat & elongated pieces based on a 3:1 ratio[1] ............................................................................... ASTM D4791

[1] As modified in CMM 860.

(2) Test cementitious materials and admixtures in a department-recognized laboratory, defined as any state department of transportation or other cement and concrete laboratory regularly inspected by the Cement and Concrete Reference Laboratory.

(3) Test for soft or non-durable particles conforming to department laboratory methods. The department will field evaluate or laboratory test to determine aggregate acceptability relative to excessive clay lump quantities.

501.2.4 Cementitious Material

501.2.4.1 Portland Cement

(1) Use cement conforming to ASTM specifications as follows:

- Type I portland cement; ASTM C150.

- Type II portland cement; ASTM C150.

- Type III portland cement; ASTM C150, for high early strength.

- Type IP portland-pozzolan cement; ASTM C595, except maximum loss on ignition of pozzolan component is 2.0 percent and maximum pozzolan content is 30 percent.

- Type IS portland blast-furnace slag cement; ASTM C595, except maximum slag content is 30 percent.

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- Type IL portland-limestone cement; ASTM C595.

- Type IT ternary blended cement; ASTM C595, except maximum supplementary cementitious material content is 30 percent.

(2) Obtain cement types I, II, and III from manufacturers on the APL. The engineer may accept cement not on the APL under the department’s cement certification program.

(3) For blended cements, provide a manufacturer's written certification stating the source, quantity, and composition of essential constituents and the composition of the final cement provided under the contract. Ensure constituents conform to requirements specified in 501.2.4.2 and 501.2.4.3.

(4) Store cement of different types, brands, and sources separately. Keep batches of concrete made from different types, brands, and sources from becoming intermixed in the work, unless the engineer approves otherwise.

(5) The engineer will reject cement that is partially set or that contains lumps.

(6) The engineer may reject cement if, the temperature at the time of delivery to the mixer exceeds 165 F.

To avoid this, store it until it cools to at least 165 F before incorporating into the batch.

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501.2.4.2 Expanded supplemental cementitious materials to include silica fume, blended SCMs, and alternative SCMs.

501.2.4.2 Supplementary Cementitious Material (SCM)

501.2.4.2.1 General

(1) When the contract requires or allows, use fly ash, slag, silica fume, or alternate SCMs as a direct replacement by weight for cement in concrete mixes. The department will sample and test SCMs during concrete production to verify material conformance.

501.2.4.2.2 Fly Ash

501.2.4.2.2.1 General

(1) Test the fly ash using the test methods prescribed in ASTM C311, starting at least 30 calendar days before its proposed use and continuing at ASTM-required frequencies as the work progresses.

(2) Obtain, from the fly ash manufacturer, a copy of the certified report of test or analysis made by a qualified independent laboratory, showing compliance with ASTM C618 for the appropriate fly ash class, except limit the loss on ignition to 2 percent. Submit the report to the engineer with the mix design, at least 7 business days before use.

(3) Retain test records for at least 5 years after completing the work and provide these records upon request.

(4) For contracts with 100 tons or more of fly ash, obtain under the engineer’s observation, one 4-pound sample for every 2000 tons of fly ash used, or fraction thereof. The engineer will take possession of the sample and submit to the BTS laboratory for department verification testing.

501.2.4.2.2.2 Class C Ash

(1) Conform to ASTM C618 class C.

501.2.4.2.2.3 Class F Ash

(1) Furnish a class F fly ash from a source listed on the APL and conforming to ASTM C618 class F.

(2) For class F sources not on the APL, limit the content to a maximum 15 percent.

501.2.4.2.3 Slag

(1) At least 7 business days before use, submit a certified report of test or analysis showing the ground granulated blast furnace slag conforms to ASTM C989, grade 100 or 120.

(2) For contracts with 100 tons or more of slag, obtain, under the engineer’s observation, one 4-pound sample for every 2000 tons of slag used, or fraction thereof. The engineer will take possession of the sample and submit to the BTS laboratory for department verification testing.

501.2.4.2.4 Silica Fume

(1) Furnish silica fume conforming to ASTM C1240.

(2) Use a high range water reducer, superplasticizer, conforming to 501.2.5.3.3 in mixtures containing 3 percent or more silica fume.

(3) Submit a mix design, including material sources and quantities, to the department at least 14 calendar days before use. The engineer will coordinate with the BTS laboratory for review and approval analysis.

501.2.4.2.5 Blended SCMs

(1) Furnish blended SCMs conforming to ASTM C1697.

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(2) Submit a mix design, including material sources and quantities, to the department at least 14 calendar days before use. The engineer will coordinate with the BTS laboratory for review and approval analysis.

(3) Conform to sampling/testing requirements specified by the engineer.

501.2.4.3 Alternative Supplementary Cementitious Material (ASCM)

(1) Test ASCMs according to ASTM C1709. Submit a mix design, including material sources and quantities, to the department at least 14 calendar days before use. Include a certified report of test or analysis showing the chemical composition, physical properties, and performance test results of the ASCM. The engineer will coordinate with the BTS laboratory for review and approval analysis.

(2) Conform to sampling/testing requirements specified by the engineer.

501.2.5 Chemical Admixtures

501.2.5.1 General

(1) Conform to the manufacturer’s recommendations for use of admixtures. The contractor is responsible for ensuring that admixtures used in the same batches of concrete are compatible and produce the required properties in concrete.

501.2.5.2 Air-Entraining Admixtures

(1) Furnish an air-entraining admixture on the APL, or provide a certified report of test or analysis showing the air-entrainer conforms to AASHTO M154 for 7-day and 28-day compressive and flexural strengths and resistance to freezing and thawing. The engineer will not require tests for bleeding and setting time.

(2) If the contractor offers to use an admixture that is essentially the same as one on the APL, with only minor differences in concentration, the department will require certification stating it is essentially the same as the department-approved admixture, and that it contains no other admixture or chemical agent.

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501.2.5.3 Add high range water-reducing admixtures and hydration controlling admixtures.

501.2.5.3 Retarding, Water-Reducing, and Non-Chloride Accelerating Admixtures

501.2.5.3.1 Water-Reducing Admixtures

(1) Furnish a water-reducer on the APL or submit a certified report of test or analysis showing conformance to AASHTO M194, type A, except if it is also a set retarder, then conform to type D.

501.2.5.3.2 Retarding Admixtures

(1) If furnishing an admixture to retard concrete setting, submit a certified report of test or analysis showing conformance to AASHTO M194 type B, except if it is also a water-reducer, furnish one from the APL, conforming to type D.

501.2.5.3.3 High Range Water-Reducing Admixtures

(1) If furnishing a high-range water-reducing admixture, superplasticizer, to reduce the amount of mixing water by 12 percent or more, submit a certified report of test or analysis showing conformance to AASHTO M194, type F, except if it also a set retarder, then conform to type G.

501.2.5.3.4 Non-Chloride Accelerating Admixture

(1) If furnishing a non-chloride accelerating admixture, provide a certified report of test or analysis showing conformance to AASHTO M194, type C, except if it is also a water-reducer, then conform to or type E.

501.2.5.3.5 Hydration Controlling Admixtures

(1) When furnishing hydration stabilizers to suspend cement hydration process for extended periods, conform to AASHTO M194, type B or type D.

(2) Conduct preliminary trials on-site to determine the required dosage rate.

501.2.6 Water

501.2.6.1 General

(1) Furnish water for use with cement in concrete, mortar, neat cement paste, and in other cement mixing operations.

501.2.6.2 Requirements

(1) The contractor may furnish drinking water from municipal water supplies for concrete; the engineer may test this water for compliance with the requirements specified below.

(2) Water from other sources must comply with the following:

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Acidity, maximum of 0.1N NaOH to neutralize 200 mL of water; CMM 870.2 ............................................... 2 mL Alkalinity, maximum of 0.1N HCL to neutralize 200 mL of water; CMM 870.2 ............................................ 15 mL Maximum sulphate (S04); ASTM D516 ............................................................................................. 0.05 percent Maximum chloride; ASTM D512 ....................................................................................................... 0.10 percent Maximum total solids; CMM 870.2 Organic ............................................................................................................................................. 0.04 percent Inorganic ........................................................................................................................................... 0.15 percent

(3) Furnish water that is not brackish and is clean and free of injurious quantities of sugar, oil, or other deleterious substances.

(4) Furnish water that causes no indication of unsoundness, no significant change in the set time, and does not affect the compressive strength of standard 1:3 mortar briquettes by more than 10 percent compared to strengths from mixtures containing distilled water and the same cement and sand.

(5) Do not use water from shallow, muddy, or marshy sources. The contractor shall not use water from suspected sources until the engineer tests and approves it. If supply sources are relatively shallow, enclose the suction pipe intake to keep out silt, mud, grass, and other foreign materials. Position the suction pipe to provide at least 2 feet of water beneath the pipe intake.

501.2.6.3 Sampling and Testing

(1) Under the engineer’s observation, obtain at least 2 quarts of water in clean plastic or glass containers, from each source to be tested. Carefully pack and label the samples. The engineer will take possession of the samples for department testing conforming to CMM 870.

501.2.7 Aggregates

501.2.7.1 General

(1) Furnish material conforming to the individual component requirements of 501.2.7.2 for fine aggregates, 501.2.7.3 for coarse aggregates, and 501.2.7.4 for size requirements.

(2) The engineer may prohibit using, or may require additional testing of, aggregates from any source, plant, pit, quarry, or deposit if the character of the material is questionable or the method of operation makes it unlikely that the aggregates produced will conform to specified requirements; or from deposits or formations known to produce unsound materials.

(3) Furnish samples of materials from previously untested sources and from previously tested sources if the engineer requires; obtain department approval before use.

(4) If procuring aggregates from pits or quarries, conform to 104.9 for final cleanup.

501.2.7.2 Fine Aggregates

501.2.7.2.1 General

(1) Fine aggregate consists of a combination of sand with fine gravel, crushed gravel, or crushed stone.

(2) Furnish hard, strong, and durable fine aggregate from an approved source. Use an approved source listed on the APL or follow the source approval process specified in 106.3.4.2.

501.2.7.2.2 Deleterious Substances

(1) Provide fine aggregate free of frozen material and foreign matter. Do not exceed the following deleterious substance limits:

TABLE 501-1 DELETERIOUS SUBSTANCE LIMITS

SUBSTANCE PERCENT BY WEIGHT[1]

Material passing No. 200 sieve 3.5[2]

Coal 1.0

Clay lumps 1.0

Shale 1.0

Other local deleterious substances 1.0

[1] The total amount of coal, clay lumps, shale, and other deleterious substances must not exceed 3.0 percent by weight.

[2] Reduce to 2.3 percent if used in grade E concrete.

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