Section NR 120.19 - Cost containment procedures(1) Governmental units as providers of cost-share agreements shall identify and agree to use one or more of the following cost containment procedures for each best management practice identified in the runoff management grant agreement: (a)Average cost. Based on past cost information, a governmental unit determines an average cost per unit of materials and labor for the installation of a best management practice which may not be exceeded. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.(b)Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of a best management practice. Eligible costs may not exceed the maximum cost of the range. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.(c)Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of a best management practice. The cost-share payment shall be calculated based on the lowest bid meeting acceptable qualifications. The governmental unit shall identify criteria for determining acceptable qualifications. The landowner may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids. Note: The department suggests the following bidding procedures:
* The governmental unit shows the proposed construction site to all prospective bidders on the same day and at the same time.
* There are at least 3 qualified bidders.
* All bids are sealed and delivered by a bid deadline to a location specified by the governmental unit.
* Bids are opened within 2 weeks after the bid deadline.
* The amount of the cost-share grant is based on the lowest qualified bid.
* The landowner selects a higher bidding contractor only if the landowner agrees to pay the difference.
* The landowner may not select a contractor who did not bid.
(d)Maximum cost-share limit. A governmental unit or the department establishes a maximum cost-share rate limit not to exceed the rates specified in ch. NR 154 for installation of a best management practice.(e)Municipal work group. A governmental unit hires or assigns its employees to install a best management practice for landowners and land operators if the employees are able to perform the work at a cost lower than the private sector.(f)Wisconsin conservation corps. A governmental unit uses the Wisconsin conservation corps to install best management practices for landowners and land operators.(g)Other cost containment procedures. If a governmental unit determines another cost containment procedure would be at least as or more effective than the cost containment procedures described in this subsection, it shall include the alternative in the project application and the department shall include the alternative in the runoff management grant agreement.(2) The cost-containment procedures in this subsection shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners installing best management practices: (a) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.(b) The value of donated equipment shall not exceed the equipment rates for highways established by the Wisconsin department of transportation. Note: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
(c) The value of donated materials and services may not exceed market rates and shall be established by invoice.Wis. Admin. Code Department of Natural Resources NR 120.19
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.