Case 2019CV000084 Document 92 Filed 02-12-2019 Page 1 of 4 FILED 02-12-2019 CIRCUIT COURT DANE COUNTY, WI 2019CV000084 EXHIBIT F Case 2019CV000084 Document 92 .1d 1 d* d5 . *'. 'd Filed 02-12-2019 + 2 1d *2+1d + ' d Page 2 of 4 ' d *2'16d 1 d# 3 d* d5*%'d4*1 +.d* d5 . *'/ ' d . # 16d+ 1.d5 . *'. ' d ' d # "d# +.d*+ ' 8 ' d *+d *& 1 / d 3 ## +$*d 4 . d$ #d! d ' d;R?d d ;XBd'S d 4 !* 'd0 d + ' d ;XBd S?Bd d d d (d"'3 .*' d!* d! '. ' d!2# d$ d # ' 6 d 7 +#d6d ## d )d. d! * . d$ -d# d1 *$. ' d % 'd5*# d;R?d1*'6d 4 ,. d .1 1 d* d5 . *'. 'd *2(16d* d ' d \MPPBVQSd >B^BX dGVXYd=BMRKd?\PcdX`SWdSRdS;YL d@BTSXBXd;R?dXY;YBXd;XdIPPS`X d d;Qd;Rd;?\PYdaLSdVBXM?BXd;Yd d ]VVd.YVBBY dMRdYLBd4MPP;KBdSCd PMRYSR dMR +S>Od S\RYc d 5MX>SRXMR d d Q;OBd YLMXd ;DH?;_MYd MRd X\UTSVYd SCdUP;MRYMFX d QSYMSRd IVd YBQTSV;VcdMRN]R>YMSRdMRdYLBd<=S^B >;TZMSRB?d;>YMSR d dL;_BdTBVXSR;PdORS`PB?KBdSCdYLBdQ;[BVXdXBYdIVZLdLBVBMR dBb>BTYd`LBRdYLB Q;YYBVdMXdXY;YB?d]TSRdMRIVQ;YMSRd;R?d=BPMBE d;R? dMCd>;PPB?d;Xd;d`MYRBXX d d>S\P?d;R?d`S\PAd YBXYMJd>SQTBYBRYPcd;XdYSdYLBdZV\YLdSCdX\>LdQ;YYBVX d Case 2019CV000084 Document 92 Filed 02-12-2019 Page 3 of 4 3. I am employed as a heavy equipment operator by Arbor Green, Inc., a contractor that engages in heavy and highway construction projects managed by the .Wisconsin Department of Transportation 4. I am an active member of the International Union of Operating Engineers Local 139. I have been a member of Local 139 since March 2018. 5. I anticipate being harmed by Section 17 of 2017 Wisconsin Act 368, which would require the use of federal funds for large transportation projects to not less than 70% of the aggregate federally eligible project components. Speci?cally, Act 368 would require the DOT to expend federal moneys on not less than 70% of the aggregate project components eligible for federal funding each ?scal year for the following project types: southeast Wisconsin freeway megaprojects; major highway development projects; and state highway rehabilitation (SHR) projects with a total cost of less than $10 million. The effect of these requirements is to consolidate all federal funds into the only the largest DOT projects and reduce the number of DOT projects that utilize federal ?mds. 6. My employer, Arbor Green, Inc., is a woman-owned business and a Disadvantaged Business Enterprise program certi?ed contractor. The program is intended to increase participation of woman-owned businesses in transportation projects. The DBE program applies only to those DOT projects using federal funds. As a result of the ?mding limitations in 2017 Wisconsin Act 368, fewer DOT projects will participate in the DBE program because fewer projects will have federal funding. This will in turn result in fewer opportunities for Arbor Green, and by extension, Case 2019CV000084 Document 92 Filed 02-12-2019 Page 4 of 4 its employees, including me. I will lose the Opportunity to work on federally regulated projects. 8. Federally funded projects also have Davis Bacon prevailing wage requirements and Copeland Act protections. If employers fail to pay the proper wage rate or overtime or engage in kickback schemes on federally funded projects, workers on those projects have access to federal legal protections. I will also lose the protections that come with Davis-Bacon Act prevailing wage requirements and the Copeland Act anti-kickback protections, which, like the DBE program, apply only to those DOT projects using federal funds. 9. I anticipate that 2017 Wisconsin Act 368, by limiting opportunities for my employer and myself will lead to me having less work to do and thereby reducing my overall eamings. 10. For these reasons, 2017 Wisconsin Act 368 will cause me, and other workers similarly situated, irreparable harm. 45?. Guillermo Aceves Subscribedand sworn to before me this 8?4? day ol?January, 2019. wry Public, State of Wisconsin commission expires/{5 tam] ?nd" lf8/20l9 3:23 PM