20261110019proposal.pdf

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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.

1440-41-71, 1440-41-72 1 of 50

Special Provisions Table of Contents

Article Description Page #

1. General

2. Scope of Work

3. Prosecution and Progress

4. Lane Rental Fee Assessment

5. Traffic

6. Holiday and Special Event Work Restrictions

7. Utilities

8. Work by Others - Lighting

9. Work by Others – CTH TT Detour Signing

10. Work By Others - Utilities

11. Coordination with WSOR Railroad

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

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

Water Discharges

14. Environmental Protection, Dewatering

15. Environmental Protection, Aquatic Exotic Species Control

16. Notice to Contractor, Mandatory Training

17. Notice to Contractor, Old Plank Road Trail Signing

18. Notice to Contractor, Contamination Beyond Construction Limits

19. Notice to Contractor, Asbestos Containing Materials on Structure

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

21. Notice to Contractor – Electronic Load Tickets

22. Construction Over or Adjacent to Navigable Waters

23. Electrical Meetings

24. Removing Apron Endwalls, Item 204.9060.S.01

25. Removing Underdrain 6-Inch, Item 204.9090.S

26. Removing Concrete Surface Partial Depth, Item 204.0109.S

27. Abandoning Sewer, Item 204.0291.S.01

28. Select Borrow, Item 208.1100

29. QMP HMA Pavement Nuclear Density

30. Notice to Contractor, Containment System

31. Epoxy Injection Crack Repair, Item 509.9025.S; Cored Holes 2-Inch Diameter, Item 509.9026.S

32. Concrete Masonry Deck Repair, Item 509.2100.S

33. Sawing Pavement Deck Preparation Areas, Item 509.0310.S

34. Structure Repainting General

35. Preparation and Coating of Top Flanges B-59-0091, Item 517.0901.S.01; B-59-0093, Item

517.0901.S.02

1440-41-71, 1440-41-72 2 of 50

36. Structure Overcoating Cleaning and Priming B-59-0091, Item 517.3001.S.01

37. Containment and Collection of Waste Materials B-59-0091, Item 517.4001.S.01

38. Structure Repainting Recycled Abrasive B-59-0097, Item 517.1801.S

39. Labeling and Disposal of Waste Material

40. Portable Decontamination Facility, Item 517.6001.S

41. Negative Pressure Containment and Collection of Waste Materials, B-59-0097, Item

517.4501.S.01

42. Temporary Tape Rumble Strip Orange, Item 643.0320.S.01

43. Digital Speed Reduction System (DSRS), Item 643.0370.S.01

44. Basic Traffic Queue Warning System, Item 643.1205.S.01

45. Traffic Control

46. Temporary Audible Message Devices, Item 644.1900.S

47. Electrical Service Meter Breaker Pedestal (STH 23 & CTH TT), Item 656.0201

48. Installing and Maintaining Bird Deterrent System Station 1250+00’EB’, Item 999.2000.S.01;

Installing and Maintaining Bird Deterrent System Station 1357+94’WB’, Item 999.2000.S.02;

Installing and Maintaining Bird Deterrent System Station 1607+50’WB’, Item 999.2000.S.03;

Installing and Maintaining Bird Deterrent System Station 1607+50’EB’, Item 999.2000.S.04

49. Embedded Galvanic Anodes, Item SPV.0060.01

50. Concrete Control Cabinet Bases Type 10 NE Region Special, Item SPV.0060.02

51. Manholes 7-FT Diameter, Item SPV.0060.03

52. Remove, Salvage and Replace Steel Plate Beam Guard Energy Absorbing Terminal, Item

SPV.0060.04

53. Concrete Joint and Crack Cleaning and Repair, Item SPV.0090.01

54. Removing Rumble Strips, Item SPV.0090.02

55. Pedestrian Overhead Protection, Item SPV.0090.03

56. Mounting Conduit to Exterior of Structure, Item SPV.0060.01

57. Removing Loose Concrete, Item SPV.0165.01

58. Select Crushed Material for Travel Corridor, Item SPV.0195.01

1440-41-71, 1440-41-72 3 of 50

STSP’S Revised July 1, 2026

SPECIAL PROVISIONS

1. General.

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

1440-41-71 Fond du Lac - Sheboygan

CTH P – STH 32

STH 23

Sheboygan County

1440-41-72 Fond du Lac - Sheboygan CTH TT Intersection

STH 23

Sheboygan 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, 2027 Specification Reorganization Pilot 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 (20260701)

2. Scope of Work.

The work under this contract shall consist of asphaltic surface milling, removing concrete pavement, concrete pavement repair, base aggregate dense, select crushed material, excavation common, concrete curb and gutter, concrete surface drains, HMA pavement, shoulder rumble strips, culvert pipe, storm sewer, guardrail, structure joint repairs, bridge girder painting, pavement marking, 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.

General Perform all shoulder work including milling and paving with an adjacent lane closure.

Perform all material and equipment delivery within a lane closure.

Provide an even cross sectional profile of the roadway within 72-hours of paving adjacent lanes

Schedule of Operations Conform to the schedule of operations described below and as described under the Traffic article, unless modifications are approved in writing by the engineer.

All work stages can be completed concurrently provided that no continuous single lane closure is longer than five miles in one direction of travel without a minimum two mile gap provided before starting another lane closure.

A general description of the construction staging plan is as follows:

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Stage 1A Close the outside (right) lane and shoulder to traffic using temporary barrier for Structure B-59-0093 over

STH 57.

Complete joint replacement for outside lane/shoulder for Structure B-59-0093.

Stage 1B Close the inside (left) lane and shoulder to traffic using temporary barrier for Structure B-59-0093 over

STH 57.

Complete joint replacement for inside lane/shoulder for Structure B-59-0093.

Stage 2A Close the outside (right) lanes and shoulders to traffic and begin concrete base patching, repair/replacement, concrete surface drain, and guardrail grading work along STH 23 eastbound and westbound closed lanes. No work to be conducted along the STH 23 eastbound outside lane and shoulder between Sunset Road and CTH TT.

Close the Old Plank Road Trail between Sunset Road and CTH TT and detour pedestrian traffic along the STH 23 eastbound outside lane as shown in the project plans. Complete the trail realignment and close the trail without a detour in place for a maximum of 14 calendar days to complete final trail connections.

Close Sunset Road (north and south approaches) and begin construction of the intersection approaches.

Close CTH TT (north and south approaches) and begin construction of CTH TT realignment and westbound RCUT bulb.

Begin joint replacement for outside lane/shoulder for Structure B-59-0091 using temporary barriers. Close the STH 67 on ramp to STH 23 eastbound and sign detour as shown in plans. Begin ramp work for STH 67 on ramp to STH 23 eastbound during this closure.

Begin work on Structures B-59-088 and B-59-0123 and complete prior to Stage 4.

Stage 2B Continue the outside (right) lane and shoulder closures and complete concrete base patching, repair/replacement, concrete surface drain, and guardrail grading work along STH 23 eastbound and westbound closed lanes. Complete concrete base patching work along the STH 23 eastbound outside lane and shoulder between Sunset Road and CTH TT.

Complete Sunset Road (north and south approaches).

Complete work on the CTH TT (north and south approaches) realignment. Complete the westbound and eastbound RCUT bulbs.

Complete joint replacement for outside lane/shoulder for Structure B-59-0091 using temporary barriers.

Close the STH 67 on-ramp to STH 23 eastbound and sign detour as shown in plans. Complete all ramp work for STH 67 on ramp to STH 23 eastbound during this closure.

Stage 3 Close the inside (left) lanes and shoulders to traffic and complete concrete base patching, repair/replacement, concrete surface drain, and guardrail grading work along STH 23 eastbound and westbound closed lanes.

Restrict access from CTH TT and Sunset Road intersections to right-in/right-out only.

Complete median work for the Sunset Road intersection and the CTH TT RCUT.

Complete joint replacement for inside lane/shoulder for Structure B-59-0091 using temporary barriers.

Stage 4A Close the inside (left) lanes and shoulders to traffic and complete HMA overlay, guardrail removal/replacement, concrete surface drain, shouldering, and pavement marking work along STH 23 eastbound and westbound closed lanes.

Begin bridge painting work for Structure B-59-0097. Sunset Drive and Superior-Riverview Road are to be closed to traffic for these operations. Coordinate painting operations to avoid closing both Sunset Drive and Superior-Riverview Drive at the same time. Both segments of the Old Plank Road Trail are to remain open at all times utilizing Pedestrian Overhead Protection as shown in the plans.

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Stage 4B Close the outside (right) lanes and shoulders to traffic and complete HMA overlay, guardrail removal/replacement, concrete surface drain, shouldering, and pavement marking work along STH 23 eastbound and westbound closed lanes.

Complete bridge painting work for Structure B-59-0097.

Close ramps and complete work as specified in the Traffic article. Do not close consecutive ramps at the same time.

Interim Completion and Liquidated Damages – Stage 1A & 1B, Structure B-59-0093: May 27, 2027 Complete construction operations for Stage 1A and 1B for Structure B-59-0093 by May 27, 2027.

If the contractor fails to complete the work necessary to complete B-59-0093 by May 27, 2027, the department will assess the contractor $1,000 in interim liquidated damages for each calendar day the contract work remains incomplete beyond 12:01 AM on May 28, 2027. An entire calendar day will be charged for any period of time within a calendar day that the road remains closed beyond 12:01 AM.

If contract time expires prior to completing all work specified in the contract, additional liquidated damages will be affixed according to standard spec 108.11.

Interim Completion and Liquidated Damages – Old Plank Road Trail Closure: 14 Calendar Days At the beginning of final Old Plank Road Trail connection operations, close trail to all traffic without a detour for a maximum of 14 calendar days. Do not reopen until completing the final connection to include HMA pavement and shouldering.

If the contractor fails to complete the work necessary to reopen the Old Plank Road Trail to pedestrian traffic within 14 calendar days, the department will assess the contractor $1,000 in interim liquidated damages for each calendar day the contract work remains incomplete beyond 14 calendar days. An entire calendar day will be charged for any period of time within a calendar day that the road remains closed beyond 12:01 AM.

If contract time expires prior to completing all work specified in the contract, additional liquidated damages will be affixed according to standard spec 108.11.

Fish Spawning There shall be no instream disturbance of the Sheboygan River at Station 1608+00 ‘EB’ as a result of construction activity under or for this contract, from March 1 to June 15 both dates inclusive, in order to avoid adverse impacts upon the spawning of fish.

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.

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 15 and October 31, both dates inclusive. If the required tree clearing/trimming is not completed by April 14, 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

1440-41-71, 1440-41-72 6 of 50 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 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.

Avoid conducting tree removal/trimming outside documented habitat for the Indiana bat, NLEB beyond 100 ft of the road/rail surface during the pup season.

Reinitiation of project-level consultation is required if the amount or extent of incidental take of 5 NLEBs or 1.64 acres of suitable habitat removal is exceeded.

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.

Upon approval from the engineer, working day assessments may be suspended once clearing/trimming operations are completed by April 14.

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.

Reporting Dead or Injured Bats

Take care when handling dead or injured NLEB, TCB, or any other federally listed species that are found at the project site to preserve biological material in the best possible condition and to protect the handler from exposure to diseases, such as rabies. Project personnel are responsible for ensuring that any evidence about determining the cause of death or injury is not unnecessarily disturbed. Reporting the discovery of dead or injured listed species is required in all cases to enable the USFWS to determine whether the level of incidental take exempted by this Biological Opinion has been exceeded, and to ensure that the terms and conditions are appropriate and effective. Parties finding a dead, injured, or sick specimen of any endangered or threatened species must promptly notify the WisDOT REC, Rachel Leonard, 920-360-0271, Rachel.leonard@dot.wi.gov and submit a Post Assessment Discovery form to the Service Office within 2 working days of the incident.

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.

• B-59-97

Swallow or other migratory bird nests have been observed on or under the existing structure(s) listed below. All active nests (when eggs or young are present) of migratory birds are protected from purposeful take under the federal Migratory Bird Treaty Act. The nesting season for swallows and other birds is from April 15 to August 31.

mailto:Rachel.leonard@dot.wi.gov

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Either prevent active nests from becoming established or prevent birds from nesting by installing and/or maintaining one suitable deterrent device on the following structure(s) prior to nesting season under the bid item Installing and Maintaining Bird Deterrent System:

• B-59-91

• B-59-93

Swallow or other migratory bird nests have been observed on the following structures; however, deterrent is not needed because (1) construction activities that may affect the underside or interior of structure(s) will not occur during the migratory bird nesting season, or (2) it has been determined that anticipated construction activities on the structure will not directly impact active nests.

If it is later determined during construction that the nests will be impacted 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.

• B-59-88

• B-59-123

4. Lane Rental Fee Assessment.

A General The contract designates some lane closures to perform the work. The contractor will not incur a Lane Rental Fee Assessment for closing lanes during the allowable lane closure times. The contractor will incur a Lane Rental Fee Assessment for each lane closure outside of the allowable lane closure times. If a lane is obstructed at any time due to contractor operations, it is considered a closure. The purpose of lane rental is to enforce compliance of lane restrictions and discourage unnecessary closures.

The allowable lane closure times are shown in the Traffic article.

Submit the dates of the proposed ramp restrictions to the engineer as part of the progress schedule.

B Lane Rental Fee Assessment The Lane Rental Fee Assessment incurred for each ramp closure per direction of travel, is as follows:

• STH 23 EB on ramp from STH 57:

$500 per ramp, per direction of travel, per hour broken into 15-minute increments

• STH 23 EB off ramp to STH 32:

$400 per ramp, per direction of travel, per hour broken into 15-minute increments

• STH 23 EB off ramp to STH 57, STH 23 WB off ramp to STH 57:

$300 per ramp, per direction of travel, per hour broken into 15-minute increments

• STH 23 WB on ramp from STH 32, STH 23 WB on ramp from STH 57, STH 23 EB to CTH 67 off ramp:

$250 per ramp, per direction of travel, per hour broken into 15-minute increments

The Lane Rental Fee Assessment represents a portion of the cost of the interference and inconvenience to the road users for each closure. All ramp closure event increments 15 minutes and less will be assessed as a 15-minute increment.

The engineer, or designated representative, will be the sole authority in determining time period length for the Lane Rental Fee Assessment.

Lane Rental Fee Assessments will not be assessed for closures due to crashes, accidents, or emergencies not initiated by the contractor.

The department will assess Lane Rental Fee Assessment by the dollar under the administrative item Failing to Open Road to Traffic. The total dollar amount of Lane Rental Fee Assessment will be computed by multiplying the Lane Rental Assessment Rate by the number of 15-minute increments of each lane closure event as described above.

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Lane Rental Fee Assessment will be in effect from the time of the Notice to Proceed until the department issues final acceptance. If interim completion time or contract time expires before the completion of specified work in the contract, additional liquidated damages will be assessed as specified in standard spec 108.11 or as specified within this contract.

stp-108-065 (20161130)

5. Traffic.

Construct STH 23 under traffic utilizing lane closures. Limit lane closures to a maximum of five miles for paving operations, base patching operations, and concrete repair and replacement operations.

Consecutive lane closures cannot be closer than 2 miles.

Do not place cones in live lane when no work is occurring. When work in a location is occurring, cones may be moved to the other side of the lane line.

Keep STH 23 and local roads open to through traffic at all times for the duration of this project except where noted below and in the Prosecution and Progress article.

Do not deliver or store materials and equipment within open travel lanes or open side roads during any stage of construction.

Wisconsin Lane Closure System Advance Notification Provide the following advance notification to the engineer for incorporation into the Wisconsin Lane Closure System (LCS).

TABLE 108-1 CLOSURE TYPE AND REQUIRED MINIMUM ADVANCE NOTIFICATION

Closure type with height, weight, or width restrictions (available width, all lanes in one direction < 16 feet) MINIMUM NOTIFICATION

Lane and shoulder closures 7 calendar days

Full roadway closures 7 calendar days

Ramp closures 7…