Rule-Making Notices (Hearing Notices)

(7) “Lowest qualified responsible bidder" shall be defined to include all of the following which must be met to be considered for award of contract:

(a) Lowest bidder. The lowest bidder is one whose bid contains the lowest total dollar amount when compared with other bids submitted for the same work. Should the specifications require evaluation of other factors in conjunction with lowest dollar amount to determine the lowest bidder, a formula shall be specified which will permit the conversion of evaluation factors to a dollar value.

(b) Qualified bidder. A qualified bidder is one who meets the following conditions:

1. Has completed one or more projects of at least 50% of the size or value of the division of work being bid and the type of work completed is similar to that being bid. If a greater magnitude of experience is deemed necessary, other than size or value of the work, such requirements will be described in the specifications.

2. Has access to all necessary equipment and has organizational capacity and technical competence necessary to enable performance of the work properly and expeditiously.

3. Consideration will be given to associations consisting of 2 or more contracting firms organized for the purpose of entering into a construction contract as a single entity, providing the assignment of and provisions for continuity of the various responsibilities within the association are agreed upon prior to award of contract and further providing that either of the individual firms constituting the association is qualified as defined herein.

4. In the event that the project is of such magnitude as to limit competition as a result of the conditions established for qualification, the department may waive the condition for bidder qualification.

5. The department may require bidders to submit sworn statements as to financial ability, equipment and experience in construction and require other such information as may be necessary to determine their competency. Bidders failing to submit required sworn statements shall be deemed not qualified.

(c) Responsible bidder. A responsible bidder is one who meets the following conditions:

1. Maintains a permanent place of business.

2. Provides a sworn statement upon request, which evidences the bidder has adequate financial resources to complete the work being bid, as well as all other work the bidder is presently under contract to complete.

3. Is bondable for the terms of the proposed contract.

4. Has a record of satisfactorily completing past projects. Criteria which will be considered in determining satisfactory completion of projects by contractors and subcontractors will include:

a. Completed contracts in accordance with drawings and specifications.

b. Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions are granted by the owner.

c. Fulfilled guarantee requirements of the contract documents.

d. Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions.

e. Established and diligently maintained a satisfactory safety program in accordance with the contract provisions.

5. Is not presently on an ineligible list maintained by the department of administration for noncompliance with equal employment opportunities and affirmative action requirements as provided for in s. 16.765 (9), Stats., or on any other agency list for violation of statutes or administrative rules.

(8) “Omission, error or mistake" are terms used interchangeably and synonymously, constituting a neglect to provide something that is required or a departure from accuracy.

(9) “Supporting documents" means those documents packaged with a bid including, but not limited to, bid guarantee, power of attorney if bid bond is submitted as bid guarantee, affidavit form and other information specifically requested. Materials submitted with the bid form that are unsolicited are deemed to be fugitive materials and shall not be considered in determining the lowest bidder or award of contract.

SECTION 21. Adm 21.05 (2) is amended to read:

Adm 21.05 (2) Should the bidder not possess the special envelope described in sub. (1), the bidder should shall place the following information on the face of the outermost envelope containing the bidder's proposal:

SECTION 22. Adm 21.05 (5) is amended to read:

Adm 21.05 (5) Sealed bids received by the department of administration, after the date and time designated in the advertisement for proposal, shall have the date and time of receipt stamped upon the face of the envelope and returned to the bidder unopened. The department shall determine envelopes that conform with this section in the best interests of the state.

SECTION 23. Adm 21.09 (4) is amended to read:

Adm 21.09 (4) Should the total of the proposals submitted by the lowest qualified responsible bidder(s) exceed the limits imposed by authorized funds, the department of administration may negotiate deductive changes, not to exceed 5% of the total bid by any of the lowest qualified responsible bidders in the lowest qualified bid for each contract to bring the bids within funding limits.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)

[CR 05-102]

NOTICE IS HEREBY GIVEN that pursuant to ss. 27.01 (2), 29.014, 29.041, 29.089 (3) and 227.11 (2) (a), Stats., interpreting s. 29.014, 29.041 and 29.0839 (3), Stats., the Department of Natural Resources will hold public hearings to revise chs. NR 10 and 45, Wis. Adm. Code, relating to small game and expanded spring turkey hunting in state parks. The proposed rule removes sunset dates from ch. NR 10 which will allow the hunting of small game, upland game birds and migratory game birds to continue at Mill Bluff and Mirror Lake state parks. The proposed rule also discontinues the hunting of small game, upland and migratory game birds at Newport and Governor Dodge state parks. The proposed rule also creates three new state park turkey management zones in Willow River, Interstate and Newport state parks. These parks will be included in the Department's annual turkey management permit issuance system. An additional special permit to hunt turkey in these parks will no longer be required.

NOTICE IS HEREBY FURTHER GIVEN that the Department master plans for affected state parks may be modified based on the proposed rule revisions.. The Department will accept comments on possible modifications to the master plans relating to hunting in the affected state parks

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, December 5, 2005 at 6:00 p.m.

County Board Room, Door County Courthouse

421 Nebraska St.

Sturgeon Bay

Tuesday, December 6, 2005 at 6:00 p.m.

Community Room, St. Croix Co. Courthouse

1101 Carmichael Road

Hudson

Wednesday, December 7, 2005 at 6:00 p.m.

Community Center, Kilbourn Public Library

620 Elm Street

Wis. Dells

Thursday, December 8, 2005 at 6:00 p.m.

Prairie Conference Room, DNR Service Center

1500 N. Johns St.

Dodgeville

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

1. Supplies and Services:

Vehicle Maintenance and Expenses for Increased Patrol

$1,000 per park ($1,000 x 5) $5,000

2. Salaries and Fringes - $30 per hour.

Selling Park Permits, Admitting Hunters to Park and/or Issuing Permits & Law Enforcement during Hunting Seasons:

Small Game: 1 hour per park per day at $30 per hour
(1 x 2 x 45 x $30) $2,700

Turkey: 1 hour per park per day at $30 per hour
(1 x 3 x 15 x $30) $1,350

[Based on 15 days of spring turkey hunting and 45 days of small game hunting]

Total Cost $9,050

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 9, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.

Notice of Hearing

Natural Resources
(Fish, Game, etc.)

[CR 05-101]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1) and 227.11 (2) (a), Stats., interpreting 29.014 (1), Stats., the Department of Natural Resources will hold a public hearing on revisions to s. NR 20.20, Wis. Adm. Code, relating to hook and line walleye, sauger and hybrids fishing in Sherman Lake, Vilas County and Bass (Patterson) Lake, Washburn County. The proposed rule eliminates the daily bag limits and size limits for walleye, sauger and hybrids on these two lakes. In addition, there will be no closed season for walleye, sauger and hybrids on these two lakes resulting in greater harvest opportunity for anglers. This proposed rule is part of a walleye research project being conducted by the Department to investigate the long-term effects of high harvest on walleye populations in northern Wisconsin.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will beheld on:

Thursday, November 17, 2005 at 1:00 p.m.

Large Conference Room, DNR Service Center

875 S. 4th Ave.

Park Falls

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Edward Emmons at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no state or local government fiscal impact anticipated.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Edward Emmons, Bureau of Science Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 30,2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Emmons.

Notice of Hearing

Natural Resources
(Environmental Protection - General)

[CR 05-100]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 281.68, Stats., interpreting s. 281.68, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 192, Wis. Adm. Code, relating to lake monitoring contracts and the citizen lake monitoring network. The proposed rule implements s. 281.68 (2) (b), Stats., that allows the Department to award contracts from the lake protection grant appropriation, s. 20.370 (6) (ar), Stats., for the creation and support of a statewide lake monitoring network to collect information about the environmental health of the state's lakes. The Department may use up to 10% of the annual lake protection grant appropriation to fund the network through contracts to groups and individuals. The Department will register, train and equip citizens to collect data that the Department will receive and analyze and make available to the public. The rule lists the types of monitoring activities citizens may conduct. The Department will provide monitoring protocols to assure consistent results. Qualified citizen monitors must participate in Department sponsored training and have access to a boat, computer and telephone. The Department may use contracts with other agencies and private corporations to provide the training, equipment and other goods and services needed to support the network. The process for issuing contracts will comply with all applicable state law.