REQUEST FOR QUALIFICATIONS (RFQ) - Certified Plumbers and utility contractors for City of Waupaca Lead Service Line (LSL) Replacement Program ...
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REQUEST FOR QUALIFICATIONS (RFQ)
Certified Plumbers and utility contractors for
City of Waupaca Lead Service Line (LSL)
Replacement Program
Submittals Due: March 5, 2021 (4:00 PM)
Issued: February 15, 2021
City of Waupaca Public Works
I. REQUEST FOR QAULIFICATIONS
The City of Waupaca (City) is seeking qualifications from licensed plumbers/utility
contractors who are interested in performing private lead service line replacement (LSL)
work. The Wisconsin Department of Natural Resources (WDNR) has made funds available
through the Safe Drinking Water Loan Program (SDWLP) to qualified municipalities. The
funds are distributed to eliminate the private portion of lead service lines to single-family
residence, multi-family residence, schools, and licensed daycare facilities.
Contractors providing the appropriate response to this RFQ will be place on a certified
plumbers/utility contractor list and be able to complete the LSL work within the City.
Owners of the aforementioned eligible properties will be able to contract directly with the
approved contractors.
Once LSL replacement work is acceptably completed, all eligible costs are reimbursed. The
contractor shall be paid by the property owner first, then the property owner will get
reimbursed through the City’s LSL program.
II. LSL PROGRAM GOALS
The goal of the LSL Program is to:
• Eliminate the health hazards associated with lead service lines throughout the City
of Waupaca.
• Remove all LSL in the City of Waupaca
• Provide cost effective way to replace lead service lines through its program and its
management.
III. DEFINITIONS / CLARIFICATIONS
Definitions of words used in this program are as defined by Chapter SPS 381 and can be
found here: Wisconsin Legislature: Chapter SPS 381
The LSL Program will provide reimbursement of the eligible costs for a property owner to
replace private LSLs when work was performed by licensed plumbers/contractors and
included on the pre-qualified list. Eligible properties as stated above are defined by WDNR
SDWLP Private LSL Replacement Program. Additional information on property eligibility
can be found was WDNR website at: Private Lead Service Line Replacement Program | Wisconsin
1DNR. Cost incurred by the property owner will be reimbursed directly from the City of
Waupaca which, in turn will receive funds from WDNR based on requested LSL
replacements. Contractors completing the work shall be paid first and directly by the
property owner.
Licensed plumbers/utility contractors must meet all applicable provisions under SPS
305.90, Wisconsin Administrative Code. All work must be performed in accordance with
plumbing code requirements found in SPS 381-391, Wisconsin Administrative Code. All
work must be performed by all applicable OSHA requirements and standards.
Plumbing permit must be pulled for each and every private connection through the City of
Waupaca building inspector. Electrical permit may be required if electrical grounding is
required. Water utility staff will also need notification to help with water shutoffs and
update inventory records of lateral replacements.
Construction costs associated with replacing the private portion of the LSL will be
reimbursed. Typical costs include the cost of excavation, materials, fittings, labor, backfill,
sidewalk replacement, and lawn restoration. No-dig methods of pipe installation are also
covered, along with rerouting a new private service line if determined by the City and
WDNR that the method used is cost effective and provides a more sustainable location. A
detailed invoiced showing an itemized list of materials, services, and labor must be
provided in order to be reimbursed. Additional information may be requested, such as
material certifications/bills, site pictures, or other information to determine work was done
in accordance of this request, WDNR regulation, or City of Waupaca Municipal Code.
IV. ANTICIPATED SCHEDULE
Listed below are estimated dates and timeframes of actions related to this RFQ. Actions
listed with specific dates shall be completed as indicated unless otherwise changed by the
City.
Request for Proposal Released: February 15, 2021
Request for Proposal Due: March 5, 2021
Certified Contract List Developed: Week of March 8, 2021
Certified Contractor List Distributed: March 12, 2021
Construction to Begin: April 1, 2021
Construction Complete: October 31, 2021
Reimbursement Request Deadline: December 31, 2021
LSL replaced in the above schedule are located on Main Street from Badger Street to Water
Street. 33 services lines are planned for removal and project should begin in the spring of
2021 and be completed by the fall of 2021. The private portion of these laterals are located
within the buildings basements of Main Street.
Additional LSL may be replaced throughout the City based on need and funding limits. LSL
found or suspected from lateral water leaks shall be replaced.
V. OTHER REQUIREMENTS
Prior to work on any private LSL, a NEPA-like environmental review must be completed.
The approval of the environmental review will be sought by the City of Waupaca prior to
construction. The environmental review must be complete prior to work start.
2The City of Waupaca encourages DBE’s, including MBE’s and WBE’s, to submit proposals
and apply for the purpose of being included on the City’s pre-qualified list. The City of
Waupaca also encourages contractors, when subcontracting, to solicit DBE’s, MBE’s and
WBE’s.
All materials used in the project must be in full compliance with the use of American Iron
and Steel requirements as mandated in the EPA’s State Revolving Fund Programs.
Adequate financial records shall be maintained by the contract and the City in accordance
with the municipal SDWLP Financial Assistance Agreement. Detailed records of work,
materials used, invoicing, and payrolls shall be kept on file a minimum of 7 years.
When applicable, Davis-Bacon wage rates will be required. Davis-Bacon wage rates are not
required for residential properties, owned by an individual(s) or for any property if the
work is under $2,000. An attachment is provided for further clarification.
All respondents shall present evidence of maintaining the following types and minimum
amounts of insurance coverage:
• Worker’s Compensation (including employer’s liability) - statutory
• Comprehensive Business Vehicle - $100,000 per person; $300,000 per occurrence and
$100,000 for property damage
• Comprehensive General Liability Insurance - $3,000,000 per each occurrence
• Errors and Omissions Insurance - $1,000,000
The above amounts are minimums of liability insurance and the insurance must be not less
than the values indicated.
VI. SUBMITTAL
Interested parties shall submit the below form and additional attachments as needed to
provide compliance with any and all criteria listed within this request. Submitted forms
must be notarized. Questions on this request and/or requirements of submittal may use the
following contact. Proposals and/or questions shall be addressed to:
Justin Berrens
Director of Public Works
111 S. Main Street
Waupaca, WI 54981
715-258-4420
jberrens@cityofwaupaca.org
Any proposal not received at the above address by the required date and time, will be
disqualified. The City reserves the right to reject any and/or all proposals, and to request
submission of additional information. Failure to submit any required data item may be
cause for rejection.
3Certified plumbers/utility contractors for City of
Waupaca Lead Service Line (LSL) Replacement
Program
- Return this completed form -
______________________________________________________________________________
Name of Corporation, Partnership or Proprietor
______________________________________________________________________________
Name of Business Owner or Registered Agent
__________________________________________________________________
Authorized Signature Printed Name Title
______________________________________________________
Street Address City State Zip Code
______________________________________________________
Date Office Telephone Email
__________________
Certification/License Number
Briefly describe your organization, size, structure, and number of years performing licensed services.
STATE OF WISCONSIN )
) SS.
COUNTY OF WAUPACA )
Personally came before me this ____ day of ___________, 2021 the above-named _____________, as the
______________ of Waupaca to me known to be the person who executed the foregoing instrument in such capacity and
acknowledged the same.
Name:
Notary Public, Wisconsin
My Commission:
4Davis-Bacon Applicability in the Private LSL Replacement Program
The Wisconsin DNR has received clarification from US EPA regarding the applicability of the federal Davis-
Bacon wage rate requirements under the following conditions:
• a private lead service line replaced through a municipal program;
• for which a list of prequalified plumbers/contractors has been developed; and
• homeowners contract directly with the plumbers for the LSL work.
Note that Davis-Bacon requirements never apply to a contract of $2,000 or less.
EPA has confirmed that under these conditions:
• Davis-Bacon applicability as it pertains to the property is based on property ownership.
• Davis-Bacon applicability as it pertains to the plumbing contractor is based on whether
the plumbing firm has employees.
Property ownership
When a property is owned by a business or non-profit entity, Davis-Bacon requirements apply.
When a property is owned by an individual or individuals, Davis-Bacon requirements do not apply.
• If someone has a small business in the residence, as long as the building is owned by an
individual(s) rather than a business entity, Davis-Bacon does not apply. More specifically, in the
case of a licensed daycare being run out of an individual’s home, if the home is in the individual’s
name, then Davis-Bacon does not apply; however, if the home is owned by an LLC or is otherwise
owned by the daycare business, Davis-Bacon does apply.
• If a property is held in trust, Davis-Bacon applicability is also determined by ownership of the
property. If the trust is in the name of an individual(s) and not a business, Davis-Bacon does not
apply. If the trust is held by a business, Davis-Bacon does apply.
• If a residence is a rental property (house/duplex/apartment building), Davis-Bacon
applicability would still be determined by whether the property owner is an individual(s) or a
business/non-profit. Many times, it will be a business in order to protect assets. If it’s owned by a
business, Davis-Bacon applies. If it’s owned by an individual(s), Davis-Bacon does not apply.
Plumber/Contractor employee status
From a business standpoint, Davis-Bacon requirements only apply to businesses that have employees.
If a business is a sole proprietorship, or a partnership where all those who perform the work are also
owners, then Davis-Bacon does not apply.
In the case of a prequalified plumber/contractor who has no employees and does 100% of the work
themselves, Davis-Bacon does not apply because there are no employees. Some family businesses are
similarly structured so that all entities are “owners”, in which case Davis-Bacon would not apply. It must
be made clear to this type of business that they must not hire help after being placed on the list in order
to thwart Davis-Bacon requirements.
Plumber/Contractor Employee Status
Property Ownership
Plumber/Contractor has Plumber/Contractor does
employees not have employees
Property is owned by a Davis-Bacon applies Davis-Bacon does not apply
business entity or non-profit
Property is owned by an Davis-Bacon does not apply Davis-Bacon does not apply
individual(s)
PUB-CF-056 09/2020 Wisconsin DNR Environmental Loans Section CWFP 608-267-7475 SDWLP 608-266-5889 Page 1/2Steps to ensure Davis-Bacon requirements are met:
1. Identify eligible properties to which Davis-Bacon would apply (i.e. those properties owned by
businesses/non-profits rather than individuals).
2. Determine if any of the plumbers/contractors on your municipality’s prequalified list are exempt
from Davis-Bacon due to not having any employees.
3. If possible, match business-owned properties with plumbers/contractors that are not subject to
Davis-Bacon (identified in steps 1 and 2 above). Davis-Bacon terms and conditions must still be
included in the agreement between the contractor and the municipality in case the
plumber/contractor decides to hire an employee at some point during the life of the job.
Note: If work is being done through a municipal contract, Davis-Bacon requirements always apply.
See Complying with Davis-Bacon & Related Acts (DBRA), dnr.wi.gov/Aid/documents/EIF/Guide/DavisBacon.pdf
DNR, Environmental Loans Section—CF/2, 101 S. Webster Street, PO Box 7921, Madison, WI 53707-7921 Page 2/2
PUB-CF-056 09/2020 Wisconsin DNR Environmental Loans Section CWFP 608-267-7475 SDWLP 608-266-5889
Program implementation details are outlined in chs. NR 162 and NR 166, Wis. Adm. Code. Legal notice: This document is intended solely as guidance and does not contain any mandatory requirements except where
requirements found in statute or administrative rule are referenced. Any regulatory decisions made by the Department of Natural Resources in any matter addressed by this guidance will be made by applying the governing
statutes and administrative rules to the relevant facts. The Wisconsin Department of Natural Resources provides equal opportunity in its employment, programs, services, and functions under an
Affirmative Action Plan. If you have any questions, please write to Equal Opportunity Office, Department of Interior, Washington, D.C. 20240. This publication is offered in other formats upon
request, call 608-267-9481.You can also read
