County and Municipal special conditions of contract.docx

County and Municipal version of the Special Conditions of Bid

NOTE – This specification sheet was created for the DNR state trunk highway contract. It often refers to the relationship between the DNR and the contractor. Rather than re-phrasing the entire document so that all relationships are with counties or municipalities and the contractors most of the phrasing has been left as is with the understanding that the entities will interpret appropriately.

Pickup Specifications Disposal of deer carcasses shall be completed no later than two business days after receiving a report from the DNR or designee (e.g., county sheriff department, county highway department, Municipalities etc.), not counting the day of the report. For example, if a carcass is reported to the contractor on Monday the contractor has all day Tuesday and Wednesday to dispose of the carcass. See Chart below. Contractors are not required to dispose of deer carcasses on the weekend or on Holidays, but they may do so if they so choose. Holidays are defined as the following: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving and the Friday following Thanksgiving, Christmas Eve, Christmas Day and New Year’s Eve. The exception to the two-business day rule is July 4th. The contractor is not required to pick up a deer carcass on July 4th, but if the two business day period were to fall on July 4th then the contractor only has one business day to dispose of the carcass. This is due to the fact that July 4th is in the middle of summer.

Examples of Holiday exceptions:

· Report Tuesday before Thanksgiving Weekend – Pickup by the end of Monday the following week.

· Report Friday before Memorial Day (Monday) – Pickup by the end of Wednesday.

· Report Monday before New Year Holidays on Wednesday and Thursday – Pickup by the end of Friday.

· Report Monday before Wednesday July 4th Holiday – Pickup by the end of Tuesday. (You could also choose to pick the carcass up on July 4th if you so choose.)

Pickup Safety: Contractors shall equip all vehicles used with lights or lamps required by Section 347.26, Stats, and shall operate such lights or lamps when stopping adjacent to a public highway. See below for text of minimum requirements. Contractors found not to be in compliance with this provision may be subject to immediate termination of their contract. Additional requirements may be found at: https://docs.legis.wisconsin.gov/statutes/statutes/347/II/26

347.26(6)(a) Any vehicle which by reason of its use upon a highway creates a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing shall be equipped with a flashing or rotating amber lamp of the dome type at the highest practicable point, visible from a distance of 500 feet, or 2 flashing amber lamps, one showing to the front and one showing to the rear, visible from a distance of 500 feet and mounted approximately midway between the extremities of the width of the vehicle and at the highest practicable point. Such amber lamp or lamps shall be lighted when such vehicle is moving a disabled vehicle along or upon a public highway at a speed below the average speed of motor vehicle traffic on such street or highway and may not be lit at other times.

The following deer carcasses are not the responsibility of the contractor:

1. Deer Carcasses on the road or highway.

2. Deer carcasses that require the contractor to park on the road or in the lane.

3. Deer carcasses that will require the contractor to park on the side of the road and then cross the road on foot to retrieve the carcass.

4. Deer Carcasses in construction zones where safety is compromised due to circumstances such as lack of a shoulder.

5. Deer Carcasses that have been properly disposed of through Roadside abandonment.

6. in urban areas where the stopping area between the edge of the passing lane and the cement barrier is less than 16 feet. (Standard highway lane width is 12 feet). Carcasses in these locations are not the responsibility of the Contractor; instead they are the responsibility of the local county highway department. County highway department are better equipment to handle these conditions. On busy highways when pickup is difficult the contractor may ask for law enforcement assistance to make the pickup safer.

7. Deer carcasses reported on county and local roads are not the responsibility of the contractor only carcasses reported on state trunk highways are the responsibility of the contractor. If deer carcasses are reported to you that appear to be on county or local roads you must communicate back to the reporting entity that you will not be picking the carcasses up, after following all communication requirements listed in the Communication section.

Disposal Specifications

The contractor is authorized to use or dispose of the deer carcasses for the following purposes only. (Deer carcasses may not be used for human consumption. Antlers in the velvet shall be destroyed and cannot be sold. Hides, tarsal glands and antlers that are not in velvet may be sold.) If you wish to dispose of deer carcasses using some alternate method to those described below contact the Department for written approval.

CWD-affected counties as identified in NR 10.41 (3)(c) (NOTE: See map at link http://dnr.wi.gov/topic/wildlifehabitat/documents/cwdaffectedcounties.pdf )

· DNR Licensed Landfill

· Incineration, at a temperature acceptable to the Department

· Chemical Digestion – sodium hydroxide

· Roadside Abandonment Non-CWD-affected counties as identified in NR 10.41 (3)(c)

· Rendering

· DNR Licensed Landfill

· Roadside Abandonment

· Incineration, at a temperature acceptable to the Department

· Chemical Digestion – sodium hydroxide

Composting or Land Spreading of Deer Carcasses in CWD affected counties is prohibited.

Disposal of deer carcasses as Animal Feed: This method of disposal is considered an alternate method of disposal that is not specifically authorized in all cases. In some cases this method of disposal is acceptable but in other cases it is not acceptable. If you wish to use deer carcasses as animal feed you must obtain approval from the Department to do so.

Roadside Abandonment - Leave carcass in right-of-way/drag off roadside. While there are concerns of odor and unsightliness, these will be short lived as the carcass naturally decompose. This option allows natural processes to occur and may be beneficial by providing food for scavenging wildlife. In order to avoid vehicle collisions with animals feeding on the carcasses, the deer carcasses should be moved to the far edge of the road-right-of-way. Every reasonable effort shall be made to obscure the deer carcasses from the traveling public. For instance if a deer carcasses is dragged straight into tall grass it is easily visible due to the bent grass. Make a 90 degree turn to the right or left so unbent grass obscures the carcass. Use bushes or other woody vegetation that might exist in the right of way to obscure the deer carcass visibility.

If the side of the road has a number of deer carcasses in one spot you may not drag a new carcass off the road to add to the pile. It must be disposed of as if it was in an urban setting. Issues with mowing by the counties: Car Killed Deer contractors shall make every effort to place roadside abandoned deer carcasses in portions of the right of way or medians where the county does not mow. If the entire area of the right of way or median is being mowed the deer carcasses should not be disposed of through roadside abandonment but instead should be disposed of as if it were in an urban setting. Deer carcasses should not be placed in standing water or where a standing water condition will likely occur.

See picture below: The three or four deer carcasses in the picture below were roadside abandoned. This is an example of an improper abandonment for the following reasons: This median area is mowed in its entirety, it is highly visible to the traveling public, the carcasses are in standing water and there are multiple deer carcasses in one location. Any one of these reasons requires that the deer carcasses or at least additional deer carcasses should be disposed of by a method other than roadside abandonment.

Conditions when roadside abandonment is not allowed: Deer carcasses may not be abandoned on the road if it is within ¼ mile of a residence or business. Deer Carcasses may not be abandoned if they are in an urban area. Contractor may not pick-up deer carcasses in an urban setting or near a residence and dispose of it in a road right-of-way. This may be grounds for dismissal from the contract. If the deer carcass may not be abandoned then they must be disposed of as is detailed in the sample contract.

Rendering plant disposal (non-CWD affected counties only): The successful bidder will comply with all Wisconsin Department of Agriculture, Trade and Consumer Protection rules concerning the transporting and disposing of car‑killed deer at a rendering plant pursuant to section 95.72, Stats.

The contractor shall be licensed by the Wisconsin Department of Agriculture, Trade and Consumer Protection if he/she hauls deer to a renderer or mink/fox farm. If the successful bidder is licensed, he/she shall comply with the following Wisconsin Department of Agriculture, Trade and Consumer Protection rules pertaining to dead animal collectors.

a. The successful bidder shall obtain a free permit for the deer-hauling vehicle.

b. The successful bidder shall display on the side of the vehicle his/her name and the name of the rendering plant which will receive the deer. (Magnetic signs are acceptable.)

c. The successful bidder shall transport deer in a closed vehicle or container provided it is leak proof or covered with a tarp, The bed of a pickup is acceptable provided is not rusted through.

d. The successful bidder shall, as necessary, clean or sanitize his/her equipment.

Additional rules may come into effect during the life of this contract. The contractor will be obligated to follow the requirements of those changes. If the changes cause a significant increase in cost to the vendor, the Department will adjust the contract price accordingly.

Communication Requirements of Contract:

· Contractor must have a computer with e-mail account in order to receive notification of deer carcasses, and to receive communications from the Department. The e-mail account shall be checked every business day by the contractor.

· Contractor must have a turned on cell phone in each vehicle being used for this contract.

· Contractors are required to have working voice mail and/or answering machines. Contractors are required to respond to voice mail messages left by the Department within 24 hours, if a response is requested.

· Contractors are required to check messages on fax/voice mail/answering machines/e-mails every business day to determine if new deer carcasses have been reported.

· If no notification of a deer carcass is received from a county in a two business day period, then the Contractor is required to call the appropriate county department the next day to determine if any deer carcasses have been reported.

It is usually recommended to obtain the following information from the county: Road Name, closest fire number or mile marker, township, nearest cross-road and specify what side of the road the carcass is on. The township information is useful when you have a road that crosses the entire county or when two different roads have the same name.

Complaints

If a contractor has multiple counties and is not performing in one of those counties the Department may terminate all or some of the contractor’s county contracts at the Department’s sole discretion.

The Department may require the contractor to keep a more extensive log, than required by the electronic log of deer carcasses reported to them.

If complaints are received from the public about odors and/or insects problems (such as flies), due to the contractors operation, the contractor is required to work with the Department to reduce or eliminate the source of the complaint. If control measures put in place are not effective or are not maintained by the contractor the Department may terminate the contract.

Complaints will be used as a measure of how well a contractor is performing. An excessive number of complaints is a basis for requiring corrective actions and for removal from the contract.

Pool Contractor List

All responsive and responsible bidders will receive award as a pool contractor. This is a pool of contractors that are available to take over county contractors when a vacancy occurs for some reason.

During the potential three year life of the contract, contractors are often removed for poor performance, they choose not to renew their contract or due to life circumstances they withdraw from the contract. The pool contractors will have a signed contract with the State, that they will provide CKD services as needed upon mutual agreement of the contractor and the State. Additional pool contractors may be added during the life of the contract.

Request for Service Process: If a county or municipality wishes to piggyback off of this contract they have the following three methods of selecting a contractor. They may contract with 1. the lowest bidder ($Cost/deer) contractor, 2. They may approach three or more vendors listed on the Department over-all contract list (Pool Contractors) and obtain fresh bid pricing or 3. If the expected cost of the services is to be less than $5,000 they may use their best judgment to select a contractor.

Counties and local government have no obligation to use the DNR contract. They may use their own procurement methods to select a contractor or they may choose to complete the CKD services themselves. If the counties or local government use their own procurement methods they may have significantly different terms and conditions.

Electronic Reporting Requirements

A report shall be submitted with their invoice electronically on Excel (or equivalent – pdf documents are not acceptable) by the tenth day of each month, Contract Deer Removal Report form, indicating all car‑killed deer removed in the previous month in addition to any other information required by the Department. This electronic form may be modified during the life of this contract. Invoices shall not be paid without a properly filled out and submitted report. Failure to submit invoices and reports over a number of months may be grounds for terminating the contractor’s contract. You may submit your invoice through hand delivery or the mail system however the report must be submitted electronically.

You are required to identify the Town/Village or City where the deer carcass was found. A mile marker on the Interstate is not sufficient information. Wikipedia lists most if not all state trunk highways and it includes an exit list (See figure #1 below) that identified the location of the exit. If you identify the town/village/city of the nearest exit that will meet the requirements of the contract.

Figure #1: Exit list for State Trunk Highway 113

Miscellaneous terms:

The successful bidder shall be responsible for all labor, materials, licenses, signs and other equipment required to perform or accomplish the work.

Any hide that is not a spotted hide and antlers that are not in the velvet, after removal from the rest of the carcass, may be sold, bartered, offered for sale, or given away.

The contractor may not use a sign on their vehicle that includes “DNR” or “Department of Natural Resources” or in some other way may identify the vehicle as DNR owned or the workers as DNR employees.

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