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PLEASE ATTACH

PROPOSAL GUARANTY HERE

Effective with November 2007 Letting Proposal Requirements

PROPOSAL REQUIREMENTS AND CONDITIONS

The bidder, signing and submitting this proposal, agrees and declares as a condition thereof, to be bound by the following conditions and requirements.

If the bidder has a corporate relationship with the proposal design engineering company, the bidder declares that it did not obtain any facts, data, or other information related to this proposal from the design engineering company that was not available to all bidders.

The bidder declares that they have carefully examined the site of, and the proposal, plans, specifications and contract forms for the work contemplated, and it is assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, special provisions and contract. It is mutually agreed that submission of a proposal shall be considered conclusive evidence that the bidder has made such examination.

The bidder submits herewith a proposal guaranty in proper form and amount payable to the party as designated in the advertisement inviting proposals, to be retained by and become the property of the owner of the work in the event the undersigned shall fail to execute the contract and contract bond and return the same to the office of the engineer within fourteen (14) days after having been notified in writing to do so;

otherwise to be returned.

The bidder declares that they understand that the estimate of quantities in the attached schedule is approximate only and that the attached quantities may be greater or less in accordance with the specifications.

The bidder agrees to perform the said work, for and in consideration of the payment of the amount becoming due on account of work performed, according to the unit prices bid in the following schedule, and to accept such amounts in full payment of said work.

The bidder declares that all of the said work will be performed at their own proper cost and expense, that they will furnish all necessary materials, labor, tools, machinery, apparatus, and other means of construction in the manner provided in the applicable specifications and the approved plans for the work together with all standard and special designs that may be designed on such plans, and the special provisions in the contract of which this proposal will become a part, if and when accepted. The bidder further agrees that the applicable specifications and all plans and working drawings are made a part hereof, as fully and completely as if attached hereto.

The bidder, if awarded the contract, agrees to begin the work not later than ten (10) days after the date of written notification from the engineer to do so, unless otherwise stipulated in the special provisions.

The bidder declares that if they are awarded the contract, they will execute the contract agreement and begin and complete the work within the time named herein, and they will file a good and sufficient surety bond for the amount of the contract for performance and also for the full amount of the contract for payment.

Effective with November 2007 Letting Proposal Requirements

The bidder, if awarded the contract, shall pay all claims as required by Section 779.14, Statutes of Wisconsin, and shall be subject to and discharge all liabilities for injuries pursuant to Chapter 102 of the Statutes of Wisconsin, and all acts amendatory thereto. They shall further be responsible for any damages to property or injury to persons occurring through their own negligence or that of their employees or agents, incident to the performance of work under this contract, pursuant to the Standard Specifications for Road and Bridge Construction applicable to this contract.

In connection with the performance of work under this contract, the contractor agrees to comply with all applicable state and federal statutes relating to non-discrimination in employment. No otherwise qualified person shall be excluded from employment or otherwise be subject to discrimination in employment in any manner on the basis of age, race, religion, color, gender, national origin or ancestry, disability, arrest or conviction record (in keeping with s.111.32), sexual orientation, marital status, membership in the military reserve, honesty testing, genetic testing, and outside use of lawful products. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor further agrees to ensure equal opportunity in employment to all applicants and employees and to take affirmative action to attain a representative workforce.

The contractor agrees to post notices and posters setting forth the provisions of the nondiscrimination clause, in a conspicuous and easily accessible place, available for employees and applicants for employment.

If a state public official (section 19.42, Stats.) or an organization in which a state public official holds at least a 10% interest is a party to this agreement, this contract is voidable by the state unless appropriate disclosure is made to the State of Wisconsin Ethics Board.

Effective with August 2015 Letting Bid Preparation

BID PREPARATION

Preparing the Proposal Schedule of Items A. General

(1) Obtain bidding proposals as specified in section 102 of the standard specifications prior to 11:45 AM of the last business day preceding the letting. Submit bidding proposals using one of the following methods:

1. Electronic bid on the internet.

2. Electronic bid on a printout with accompanying diskette or CD ROM.

3. Paper bid under a waiver of the electronic submittal requirements.

(2) Bids submitted on a printout with accompanying diskette or CD ROM or paper bids submitted under a waiver of the electronic submittal requirements govern over bids submitted on the internet.

(3) The department will provide bidding information through the department’s web site at:

https://wisconsindot.gov/Pages/doing-bus/contractors/hcci/bid-let.aspx

The contractor is responsible for reviewing this web site for general notices as well as information regarding proposals in each letting. The department will also post special notices of all addenda to each proposal through this web site no later than 4:00 PM local time on the Thursday before the letting. Check the department’s web site after 5:00 PM local time on the Thursday before the letting to ensure all addenda have been accounted for before preparing the bid. When bidding using methods 1 and 2 above, check the Bid ExpressΤΜ on-line bidding exchange at http://www.bidx.com/ after 5:00 PM local time on the Thursday before the letting to ensure that the latest schedule of items Expedite file (*.ebs or *.00x) is used to submit the final bid.

(4) Interested parties can subscribe to the Bid ExpressΤΜ on-line bidding exchange by following the instructions provided at the www.bidx.com web site or by contacting:

Info Tech Inc.

5700 SW 34th Street, Suite 1235 Gainesville, FL 32608-5371 email: mailto:customer.support@bidx.com

(5) The department will address equipment and process failures, if the bidder can demonstrate that those failures were beyond their control.

(6) Contractors are responsible for checking on the issuance of addenda and for obtaining the addenda. Notice of issuance of addenda is posted on the department’s web site at:

https://wisconsindot.gov/Pages/doing-bus/contractors/hcci/bid-let.aspx or by calling the department at (608) 266-1631. Addenda can ONLY be obtained from the department’s web site listed above or by picking up the addenda at the Bureau of Highway Construction, 4th floor, 4822 Madison Yards Way, Madison, WI, during regular business hours.

(7) Addenda posted after 5:00 PM on the Thursday before the letting will be emailed to the eligible bidders for that proposal. All eligible bidders shall acknowledge receipt of the addenda whether they are bidding on the proposal or not. Not acknowledging receipt may jeopardize the awarding of the project.

https://wisconsindot.gov/Pages/doing-bus/contractors/hcci/bid-let.aspx http://www.bidx.com/ http://www.bidx.com/ mailto:customer.support@bidx.com

B. Submitting Electronic Bids B.1 On the Internet

(1) Do the following before submitting the bid:

4. Have a properly executed annual bid bond on file with the department.

5. Have a digital ID on file with and enabled by Info Tech Inc. Using this digital ID will constitute the bidder's signature for proper execution of the bidding proposal.

(2) In lieu of preparing, delivering, and submitting the proposal as specified in 102.6 and 102.9 of the standard specifications, submit the proposal on the internet as follows:

1. Download the latest schedule of items reflecting all addenda from the Bid ExpressΤΜ web site.

2. Use ExpediteΤΜ software to enter a unit price for every item in the schedule of items.

3. Submit the bid according to the requirements of ExpediteΤΜ software and the Bid ExpressΤΜ web site. Do not submit a bid on a printout with accompanying diskette or CD ROM or a paper bid. If the bidder does submit a bid on a printout with accompanying diskette or a paper bid in addition to the internet submittal, the department will disregard the internet bid

4. Submit the bid before the hour and date the Notice to Contractors designates

5. Do not sign, notarize, and return the bidding proposal described in 102.2 of the standard specifications.

(3) The department will not consider the bid accepted until the hour and date the Notice to Contractors designates.

B.2 On a Printout with Accompanying Diskette or CD ROM

(1) Download the latest schedule of items from the Wisconsin pages of the Bid Express web site reflecting the latest addenda posted on the department’s web site at:

https://wisconsindot.gov/Pages/doing-bus/contractors/hcci/bid-let.aspx

Use ExpediteΤΜ software to prepare and print the schedule of items. Provide a valid amount for all price fields. Follow instructions and review the help screens provided on the Bid ExpressΤΜ web site to assure that the schedule of items is prepared properly.

(2) Staple an 8 1/2 by 11 inch printout of the Expedite generated schedule of items to the other proposal documents submitted to the department as a part of the bidder's sealed bid. As a separate submittal, not in the sealed bid envelop but due at the same time and place as the sealed bid, also provide the ExpediteΤΜ generated schedule of items on a 3 1/2 inch computer diskette or CD ROM. Label each diskette or CD ROM with the bidder's name, the 4 character department-assigned bidder identification code from the top of the bidding proposal, and a list of the proposal numbers included on that diskette or CD ROM as indicated in the following example:

Bidder Name

BN00

Proposals: 1, 12, 14, & 22

(3) If bidding on more than one proposal in the letting, the bidder may include all proposals for that letting on one diskette or CD ROM. Include only submitted proposals with no incomplete or other files on the diskette or CD ROM.

(4) The bidder-submitted printout of the Expedite generated schedule of items is the governing contract document and must conform to the requirements of section 102 of the standard specifications. If a printout needs to be altered, cross out the printed information with ink or typewriter and enter the new information and initial it in ink. If there is a discrepancy between the printout and the diskette or CD ROM, the department will analyze the bid using the printout information.

(5) In addition to the reasons specified in section 102 of the standard specifications, proposals are irregular and the department may reject them for one or more of the following:

1. The check code printed on the bottom of the printout of the ExpediteΤΜ generated schedule of items is not the same on each page.

2. The check code printed on the printout of the ExpediteΤΜ generated schedule of items is not the same as the check code for that proposal provided on the diskette or CD ROM.

3. The diskette or CD ROM is not submitted at the time and place the department designates.

B Waiver of Electronic Submittal

(1) The bidder may request a waiver of the electronic submittal requirements. Submit a written request for a waiver in lieu of bids submitted on the internet or on a printout with accompanying diskette or CD ROM. Use the waiver that was included with the paper bid document sent to the bidder or type up a waiver on the bidder’s letterhead. The department will waive the electronic submittal requirements for a bidding entity (individual, partnership, joint venture, corporation, or limited liability company) for up to 4 individual proposals in a calendar year. The department may allow additional waivers for equipment malfunctions.

(2) Submit a schedule of items on paper conforming to section 102 of the standard specifications.

The department charges the bidder a $75 administrative fee per proposal, payable at the time and place the department designates for receiving bids, to cover the costs of data entry. The department will accept a check or money order payable to: "Wisconsin, Dept. of Transportation."

(3) In addition to the reasons specified in section 102 of the standard specifications, proposals are irregular and the department may reject them for one or more of the following:

1. The bidder fails to provide the written request for waiver of the electronic submittal requirements.

2. The bidder fails to pay the $75 administrative fee before the time the department designates for the opening of bids unless the bidder requests on the waiver that they be billed for the $75.

3. The bidder exceeds 4 waivers of electronic submittal requirements within a calendar year.

(4) In addition to the reasons specified in section 102 of the standard specifications, the department may refuse to issue bidding proposals for future contracts to a bidding entity that owes the department administrative fees for a waiver of electronic submittal requirements.

PROPOSAL BID BOND Wisconsin Department of Transportation

DT1303 1/2006

Proposal Number Project Number Letting Date

Name of Principal

Name of Surety State in Which Surety is Organized

We, the above-named Principal and the above-named Surety, are held and firmly bound unto the State of Wisconsin in the sum equal to the Proposal Guaranty for the total bid submitted for the payment to be made; we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of this obligation is that the Principal has submitted a bid proposal to the State of Wisconsin acting through the Department of Transportation for the improvement designated by the Proposal Number and Letting Date indicated above.

If the Principal is awarded the contract and, within the time and manner required by law after the prescribed forms are presented for signature, enters into a written contract in accordance with the bid, and files the bond with the Department of Transportation to guarantee faithful performance and payment for labor and materials, as required by law, or if the Department of Transportation shall reject all bids for the work described, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

In the event of failure of the Principal to enter into the contract or give the specified bond, the Principal shall pay to the Department of Transportation within 10 business days of demand a total equal to the Proposal Guaranty as liquidated damages; the liability of the Surety continues for the full amount of the obligation as stated until the obligation is paid in full.

The Surety, for value received, agrees that the obligations of it and its bond shall not be impaired or affected by any extension of time within which the Department of Transportation may accept the bid; and the Surety does waive notice of any such extension.

IN WITNESS, the Principal and Surety have agreed and have signed by their proper officers and have caused their corporate seals to be affixed this date: (DATE MUST BE ENTERED)

PRINCIPAL

(Company Name) (Affix Corporate Seal)

(Signature and Title)

(Company Name)

(Signature and Title)

(Company Name)

(Signature and Title)

(Company Name)

(Signature and Title)

NOTARY FOR PRINCIPAL

(Date)

State of Wisconsin ) ) ss.

County )

On the above date, this instrument was acknowledged before me by the named person(s).

(Signature, Notary Public, State of Wisconsin)

(Print or Type Name, Notary Public, State of Wisconsin)

(Date Commission Expires)

Notary Seal

(Name of Surety) (Affix Seal)

(Signature of Attorney-in-Fact)

NOTARY FOR SURETY

(Date)

State of Wisconsin ) ) ss.

County )

On the above date, this instrument was acknowledged before me by the named person(s).

(Signature, Notary Public, State of Wisconsin)

(Print or Type Name, Notary Public, State of Wisconsin)

(Date Commission Expires)

Notary Seal

IMPORTANT: A certified copy of Power of Attorney of the signatory agent must be attached to the bid bond.

CERTIFICATE OF ANNUAL BID BOND Wisconsin Department of Transportation

DT1305 8/2003

Time Period Valid (From/To)

Name of Surety

Name of Contractor

Certificate Holder Wisconsin Department of Transportation

This is to certify that an annual bid bond issued by the above-named Surety is currently on file with the Wisconsin Department of Transportation.

This certificate is issued as a matter of information and conveys no rights upon the certificate holder and does not amend, extend or alter the coverage of the annual bid bond.

Cancellation: Should the above policy be cancelled before the expiration date, the issuing surety will give thirty (30) days written notice to the certificate holder indicated above.

(Signature of Authorized Contractor Representative) (Date)

Effective with March 2010 Letting

LIST OF SUBCONTRACTORS

Section 66.0901(7), Wisconsin Statutes, provides that as a part of the proposal, the bidder also shall submit a list of the subcontractors the bidder proposes to contract with and the class of work to be performed by each. In order to qualify for inclusion in the bidder's list a subcontractor shall first submit a bid in writing, to the general contractor at least 48 hours prior to the time of the bid closing. The list may not be added to or altered without the written consent of the municipality. A proposal of a bidder is not invalid if any subcontractor and the class of work to be performed by the subcontractor has been omitted from a proposal; the omission shall be considered inadvertent or the bidder will perform the work personally.

No subcontract, whether listed herein or later proposed, may be entered into without the written consent of the Engineer as provided in Subsection 108.1 of the Standard Specifications.

Name of Subcontractor Class of Work Estimated Value

Effective with December 2000 Letting Debarment Certification

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS

Instructions for Certification

1. By signing and submitting this proposal, the prospective contractor is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government the department may terminate this transaction for cause or default.

4. The prospective contractor shall provide immediate written notice to the department to whom this proposal is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective contractor agrees by submitting this proposal that, should this contract be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department entering into this transaction.

7. The prospective contractor further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," which is included as an addendum to PR- 1273 - "Required Contract Provisions Federal Aid Construction Contracts," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. The contractor may rely upon a certification of a prospective subcontractor/materials supplier that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A contractor may decide the method and frequency by which it determines the eligibility of its principals. Each contractor may, but is not required to, check the Disapproval List (telephone # 608/266/1631).

Effective with December 2000 Letting Debarment Certification

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions

1. The prospective contractor certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offense enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal.

2695-03-72 1 of 18

Special Provisions Table of Contents

Article Description Page #

1. General

2. Scope of Work

3. Prosecution and Progress

4. Traffic

5. Holiday and Special Event Work Restrictions

6. Utilities

7. Information to Bidders, U.S. Army Corps of Engineers Section 404 Permit

8. Information to Bidders, WPDES Transportation Construction General Permit (TCGP) for Storm

Water Discharges

9. Erosion Control

10. Notice to Contractor – Creosote Lumber

11. Notice to Contractor – Material Stockpile and Equipment Storage

12. Environmental Protection, Aquatic Exotic Species Control

13. Construction Over or Adjacent to Navigable Waters

14. Erosion Control Structures

15. Notice to Contractor, Notification of Demolition and/or Renovation No Asbestos Found

16. Notice to Contractor, Saw Cut Slurry

17. Notice to Contractor, Concrete Washout Containment

18. Available Documents

19. Coordination with Businesses and Residents

20. Excavation, Hauling, and Disposal of Creosote Contaminated Soil, Item 205.0506.S

21. Landscape Planting Surveillance and Care Cycles

22. Fisheries Consultant, SPV.0060.01

23. Silt Fence – Snake Exclusion Fencing, Item SPV.0090.01

2695-03-72 2 of 18

STSP’S Revised April 1, 2026

SPECIAL PROVISIONS

1. General.

Perform the work under this construction contract for the following projects:

2695-03-72 T Cedarburg, Cedar Creek Rd Cedar Creek Bridge, P45-0038 Local Street Ozaukee County

Perform the work as the plans show and execute the work as specified in the State of Wisconsin, Department of Transportation, Standard Specifications for Highway and Structure Construction, 2025 Edition, as published by the department, and these special provisions.

If all or a portion of the plans and special provisions are developed in the SI metric system and the schedule of prices is developed in the US standard measure system, the department will pay for the work as bid in the US standard system.

100-005 (202604 01)

2. Scope of Work.

The work under this contract consists of HMA pavement, removing old structure, Structure B-45-117, guardrail, erosion control, pavement marking, traffic control and all incidental items necessary to complete the work as shown on the plans and included in the proposal and contract.

104-005 (20090901)

3. Prosecution and Progress.

Begin work within 10 calendar days after the engineer issues a written notice to do so.

Provide the start date to the engineer in writing within a month after executing the contract but at least 14 calendar days before the preconstruction conference. Upon approval, the engineer will issue the notice to proceed within ten calendar days before the approved start date.

To revise the start date, submit a written request to the engineer at least two weeks before the intended start date. The engineer will approve or deny that request based on the conditions cited in the request and its effect on the department’s scheduled resources.

State Threatened Fish Species and Fish Spawning A state threatened fish species is known to occur in the project area or its vicinity. There shall be no instream disturbance of Cedar Creek at Station 14+60 as a result of construction activity under or for this contract, from March 1 to May 15 and from June 1 to August 15 both dates inclusive, in order to avoid adverse impacts upon fish species and other aquatic organisms.

Any change to this limitation will require submitting a written request by the contractor to the engineer, subsequent review and concurrence by the Department of Natural Resources in the request, and final approval by the engineer. The approval will include all conditions to the request as mutually agreed upon by WisDOT and DNR.

The following minimization and mitigation measures are required:

1. Train all individuals working on the project site on the specific state-listed species that may be present and instructed on the general conservation measures associated with the Incidental Take Permit/Authorization, including what to do if a fish of concern is observed within the project area after relocations have occurred.

2. Hire an individual to lead the fish rescue/transport work who is an experienced fish biologist with a current WDNR Regulatory Removals Broad Incidental Take Permit/Authorization. WDNR Fisheries staff may also be the lead biologist. Coordinate with the ER Transportation Liaison to determine if WDNR staff are available: https://dnr.wi.gov/topic/ERReview/Contacts.html.

2695-03-72 3 of 18

3. To minimize fish stranding and impingement, implement dewatering rates of less than or equal to 90 cubic meters per hour (~400 gallons per minute) or a drawdown rate not to exceed 1 inch per hour. A drawdown rate of 2 inches per hour is acceptable only if the protective screening referenced below is 1/8 inch in size.

The fish biologist shall monitor the pump inlet and protective wrap on a regular basis. If the fish biologist determines the number of fish strandings or impingements observed is unacceptably high, then implement additional measures or reduce rates to minimize strandings and mortality rates.

4. Prior to initiating dewatering, protect pump inlets using one of the following methods:

a. Install the intake in a large drum (e.g., 55 gal) or comparable container that shall be perforated at the bottom and wrapped with ¼-inch screening. Each container shall contain 16 four-inch diameter holes staggered between 8 and 16 inches of the bottom of drum.

b. Wrap the debris water pump inlet with the ¼-inch screening. An additional physical barrier is needed between the intake and the majority of the water column. Either place intake within a ring or sandbags stacked to height just below (1-inch) of the water surface or within a ¼-inch mesh screened cage and be greater or equal to 1-foot from the water pump.

c. Alternative methods proposed by the contractor shall be used as long as adequate measures are taken to protect the pump inlet to minimize risk to the fish AND approved in advanced of dewatering operations by the ER Transportation Liaison and the fisheries biologist with at least a two-week lead time for review.

5. Under the direction of the fish biologist, immediately remove fish found on the screen(s) and stranded fish in the isolated cofferdam or turbidity area and relocate downstream to suitable habitat.

6. While not preferred, if dewatering operations are occurring with air temperatures below 32 degrees Fahrenheit, the fish biologist shall ensure fish are submerged at all times and at no time can fish be out of the water, other than for brief identification and handling purposes. Slow or stop dewatering operations when water levels are nearing the bottom of the isolated area so that there is adequate water to allow fish survival. At this point, collect fish and immediately place into buckets (or similar) of river water and relocate as soon as possible.

7. Under the direction of the fish biologist, make all efforts to remove as many fish as possible using seining and dip netting techniques (or equipment suitable to size of the area); including turning over logs, rocks, and other bottom substrates/ debris, that may be harboring fish. If any other aquatic species (i.e. mussels, amphibians, turtles, etc.) are found, relocate those individuals. Take the following measures to collect and relocate species:

a. Fill buckets with water collected from upstream of the project area.

b. Hold similar size species within the same taxa group in the container, (i.e., small animals one bucket, large animals in a separate container, etc.). Determine the number of individuals per container based on the size of each individual. Monitor fish numbers in the container ensure overcrowding does not occur. The fish biologist determines on a case-to-case basis as to how many individuals can be temporarily stored in one container.

c. Release aquatic species as soon as practicable and do not keep in containers for longer than one hour. If circumstances do not allow for relocation in this timeframe, frequently change water and/or use a battery-operated air pump to maintain healthy temperature and dissolved oxygen in the holding containers.

d. Keep containers containing aquatic species in shaded areas, out of the direct sunlight. The fish biologist shall frequently monitor the individuals being held in the containers to ensure they are healthy and water conditions are appropriate.

e. Release aquatic species a minimum of 50 meters (164 feet) downstream or upstream of the active work areas into an areas(s) identified as suitable habitat by the fish biologist. Select a release site similar to the work area and evaluate for water chemistry, habitat connectivity, fish habitat requirements, seasonal flow and duration and extent of planned in-water work. If suitable habitat is not available, consult with the DNR ER Transportation Liaison to determine the best relocation site.

f. Following release, the fish biologist shall monitor the fish species to ensure they remain upright and swim away.

9. Within 60 days of fish removals, submit the following information via email to the ER Transportation Liaison:

• Project name:

• Project location:

• Project timeline (beginning and ending dates):

• Endangered/threatened species involved:

2695-03-72 4 of 18

• Summary of species removal efforts (can be attached as separate document) o Number of live endangered/threatened species observed:

o Number of dead endangered/threatened species observed:

o Summary of non-endangered/threatened species observed as well as relocated:

o Description of removals (dates, number of searches, etc.):

10.Upon completion of the project, restore all areas of temporary disturbance to pre-existing (or better) conditions; this includes river substrates, banks and shorelines that were disturbed by the project.

11.Minor changes can be made to this Conservation Plan due to unforeseen circumstances if first agreed upon in writing (e.g., email correspondence) by the contractor and the ER Transportation Liaison. If prior approval is not received, the work is not legally covered by the Incidental Take Authorizations as “an actual or imminent threat or significant harm to the environment or to public or safety.”

Migratory Birds No evidence of swallow or other migratory bird nests have been observed on or under the following structures(s) during the preconstruction inspection. However, if nesting is later observed prior to or during construction, the contractor shall implement avoidance/deterrent measures when feasible, as directed by the engineer. Measures may include removal of unoccupied or partially constructed nests by scraping or pressure washing. The engineer will determine if the avoidance/deterrent measures cannot be reasonably implemented.

The nesting season for swallows and other birds is from April 15 to August 31. All active nests (when eggs or young are present) of migratory birds are protected from purposeful take under the federal Migratory Bird Treaty Act. Prior to any activity that may result in active nest take, the engineer will contact the WisDOT region environmental coordinator to complete coordination with the U.S. Fish and Wildlife Service (USFWS). The engineer will complete any required follow up notification to USFWS for FAST Act compliance.

• Structure P-45-0038

Threatened and Endangered Species - Rusty Patched Bumble Bee (Bombus affinis)

The rusty patched bumble bee (Bombus affinis) was listed as endangered by the U.S. Fish and Wildlife Service (USFWS) under the Endangered Species Act, effective March 21, 2017. Project activities cannot harm or kill rusty patched bumble bees, additional coordination and an incidental take statement would be required from USFWS prior to proceeding with any activities that have potential to adversely affect the Rusty Patched Bumble Bee. Construction activities such as grading outside the mowed shoulder area have the potential to impact ground nests and wildflowers that may serve as a food source for the bee. If an active rusty-patched bumblebee nest is encountered in construction areas, contact the WisDOT Regional Environmental Coordinator, who will coordinate with USFWS.

Protection of Endangered Bats Federally protected bats have the potential to inhabit the project limits because they roost in trees, bridges, culverts, and other structures. Roosts may not have been observed on this project, but conditions to support the species exist. The species and all active roosts are protected by the federal Endangered Species Act. If an individual bat or active roost is encountered during construction operations, stop work, and notify the engineer and the WisDOT Regional Environmental Coordinator

(REC).

Ensure all operators, employees, and subcontractors working in areas of known or presumed bat habitat are aware of environmental commitments and avoidance and minimization measures (AMMs) to protect both bats and their habitat.

Direct temporary lighting, if used, away from wooded areas during the bat active season April 15 to October 31, both dates inclusive.

Tree Clearing/Trimming:

To avoid adverse impacts upon protected bats, do not perform tree clearing/trimming between April 1 and October 31, both dates inclusive. If the required tree clearing/trimming is not completed by March 31, the department will suspend all tree clearing/trimming and associated work directly impacted by clearing/trimming. Tree clearing/trimming is limited to that which is specified in the plans. Contractor means and methods to remove additional trees/branches will not be allowed. If it is determined that additional trees with a 3-inch or greater diameter at breast height (dbh), or branches of any size on those sized trees, need to be removed beyond contractor means and methods, notify the engineer to coordinate

2695-03-72 5 of 18 with the WisDOT REC to determine if consultation with United States Fish and Wildlife Service (USFWS) is required. The contractor must be aware that the WisDOT REC and/or USFWS may not permit modifications.

Due to potential for erosion, do not perform grubbing operations at the time of tree clearing unless grading activities will commence in those areas immediately following the tree clearing, or as otherwise approved by the engineer. Provide information for the grubbing and grading activities, including the schedule of operations, in the Erosion Control Implementation Plan (ECIP).

Submit a schedule and description of clearing operations with the ECIP 14 days prior to any clearing operations. The department will determine, based on schedule and scope of work, what additional erosion control measures shall be implemented prior to the start of clearing operations, and list those additional measures in the ECIP.

Branch trimming is incidental to other work if no other tree clearing work is necessary.

Bridge Deck Sealing/Overlay

To avoid affecting bats that may be roosting under or within structures, do not allow construction equipment, sealants, polymer overlays, or other materials from reaching the underside off the end of the structure or through any other openings on the structure.

State Threatened Snake An Incidental Take Permit/Authorization has been granted by the DNR for this project. Follow the provisions of the Incidental Take Permit/Authorization. A copy of the DNR authorization permit is available from the regional office by contacting Greg Hafeman at (262) 548-8677. Review the permit prior to preparing bids. Changes to the permit require written approval from the WDNR.

All individuals working on the project site will be informed on how to identify State threatened snakes and instructed on the general conservation measures associated with the Incidental Take Authorization, including what to do if a State threatened snake is observed within the Project Area, prior to the start of construction.

State threatened snake habitat is present within 20 feet of the Cedar Creek water surface. The active season for the State threatened snake is dependent on air/soil temperatures but starts between April 1st and May 1st and runs through September 30th.

Tree and vegetation clearing is to be completed prior to April 1, 2027, consistent with applicable state and federal guidance and during the State threatened snake hibernation window. During this period, hand removal of trees and vegetation within suitable State threatened snake habitat will be limited to above ground removal. This clearing period also coincides with the Northern Long-eared Bat (NLEB) and the Rusty Patched Bumble Bee (RPBB).

To further avoid impacts during overwintering and emergence periods, ground-disturbing activities— including excavation, bridge abutment demolition, and grubbing work—shall not commence until after the State threatened snake overwintering period.

Snake exclusion fencing shall be installed at the beginning of the State threatened snake active season.

Exclusion fencing shall be installed around the perimeter of the project impact area(s). Fencing must be properly installed and maintained, in accordance with the WDNR Amphibian and Reptile Fencing Protocols.

(https://dnr.wisconsin.gov/sites/default/files/topic/ERReview/amphibianReptileFencingProtocol.pdf). A qualified monitor shall be on-site during and after the installation to conduct surveys and relocate any State threatened snakes found in the area to suitable habitat, preferably upstream from the project area.

Provide a qualified State threatened snake surveyor with a current Wisconsin Endangered/Threatened (E/T) Species Permit to be onsite as follows:

-Prior to any project related disturbance occurring within the fenced areas, visual encounter surveys along with removals shall be performed by the monitor within each fenced exclusion area at least six times (with at least one day in between each removal) over no more than a three-week period during the active season.

Once this has been completed, work can occur within the fenced area without a monitor present.

-Excavation and demolition of the bridge abutments shall occur during the State threatened snake active period. A monitor will be on site during the first day of demolition activities or until the ground is heavily https://dnr.wisconsin.gov/sites/default/files/topic/ERReview/amphibianReptileFencingProtocol.pdf

2695-03-72 6 of 18 disturbed. Coordination with the WDNR during construction will help to determine when else the presence of a monitor may be necessary.

-Any snakes observed within the construction disturbance footprint shall be removed from the Project Area by a monitor and relocated to suitable habitat at least 50 feet outside of the project area. All removals shall be documented, including the number individuals and dates of observation and relocation). Any State threatened snakes sited should be reported to the appropriate WisDOT and WDNR project contacts immediately.

The State threatened snake surveyor is not required to be present during construction activities beyond 20 feet from the Cedar Creek water surface or after removals have taken place within the fenced areas.

The DNR maintains a list of individuals in Wisconsin with current Endangered/Threatened (E/T) Species Permits for herp removals that are willing to have their names distributed. The list is not an endorsement of an individual or organization. The list can be found at the following location:

http://wiatri.net/er/nhitraining/docs/HerpRemovalContacts.pdf

The cost of all labor, equipment, and materials required for the Queensake surveyor to perform the required work shall be incidental to the Mobilization bid item.

Disturbed areas within 20 feet of the Cedar Creek water surface shall remain disturbed for the duration of the project until permanent restoration takes place. This is being done to prevent State threatened snakes from coming back into the project site while ground disturbing activities are still taking place. Methods for keeping the area disturbed shall include installing Silt Fence – Snake Exclusion Barrier, compacting shoreline soils, and avoiding the creation of porous areas where snakes can overwinter.

The contractor shall assist the department in documenting, reporting and maintaining records as required in the Incidental Take Permit/Authorization, including the following:

- State threatened snakes observed within the disturbance footprint, after the cover board surveys and removals by the qualified surveyor, shall immediately be reported to the WDNR. Contact Stacy Rowe at (608) 266-7012 or stacy.rowe@wisconsin.gov.

- Any snakes observed in the disturbance footprint shall immediately be removed from the project area and released to suitable habitat upstream from the project. All snakes removed shall be recorded (total number and date removed) and reported to the WDNR at the conclusion of the project. Contact Stacy Rowe at (608) 266-7012 or stacy.rowe@wisconsin.gov.

- All dead amphibians and reptiles found on site shall be recorded (species, approximate age, possible cause of death), photographed and reported to the WDNR at the conclusion of the project. Contact Stacy Rowe at (608) 266-7012 or stacy.rowe@wisconsin.gov.

Within 60 days of project completion, the following information shall be submitted via email to the Endangered Resources (ER) Transportation Liaison, Stacy Rowe at stacy.rowe@wisconsin.gov:

- Project Location:

- Project timeline (beginning and ending dates):

- Endangered/threatened species involved:

- Summary of species removal efforts, including:

1. Number of live endangered/threatened species observed:

2. Number of dead endangered/threatened species observed:

3. Description of removals (dates, number of searches, etc.):

All work associated with documenting, reporting and maintaining records according to the Incidental Take Permit/Authorization shall be incidental to the contract.

4. Traffic.

General Cedar Creek Road will be closed to traffic and pedestrians during construction. Post the detour to be utilized during construction. Maintain access to driveways on Cedar Creek Road at all times.

http://wiatri.net/er/nhitraining/docs/HerpRemovalContacts.pdf mailto:stacy.rowe@wisconsin.gov mailto:stacy.rowe@wisconsin.gov

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Wisconsin Lane Closure System Advance Notification Prior to starting work, provide closure information to the engineer for incorporation into the Wisconsin Lane Closure System (LCS).

Discuss LCS completion dates and provide changes in the schedule to the engineer at project meetings in order to manage closures nearing their completion date.

5. Holiday and Special Event Work Restrictions.

Do not perform work on, nor haul materials of any kind along or across any portion of the highway carrying Cedar Creek Road traffic, and entirely clear the traveled way and shoulders of such portions of the highway of equipment, barricades, signs, lights, and any other material that might impede the free flow of traffic during the following holiday and special event periods:

- From noon Friday, May 28, 2027 to 6:00 AM Tuesday, June 1, 2027 for Memorial Day;

- From noon Friday, July 2, 2027 to 6:00 AM Tuesday, July 6, 2027 for Independence Day;

- From noon Friday, September 3, 2027 to 6:00 AM Tuesday, September 7, 2027 for Labor Day.

stp-107-005 (20210113)

6. Utilities.

This contract does not come under the provision of Administrative Rule Trans 220.

The utility work plan includes additional detailed information regarding the location of known discontinued, relocated, or removed utility facilities. These can be requested from the department during the bid preparation process or from the project engineer after the contract has been awarded and executed.

Some of the utility work described below is dependent on prior work being performed by the contractor at a specific site. In such situations, provide the engineer and the affected utility a good faith notice of when the utility is to start work at the site. Provide this notice 14 to 16 calendar days in advance of when the prior work will be completed and the site will be available to the utility.