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RFP 273020 – ENVIRONMENTAL CONSULTING SERVICES Page 1 of 39

REQUEST FOR PROPOSAL (RFP)

FOR

Environmental Consulting Services

RFP # 273020

Issued by:

STATE OF WISCONSIN

DEPARTMENT OF TRANSPORTATION

Division of Transportation Systems Development Bureau of Technical Services

Proposals must be submitted

No later than 2:00 PM Monday, September 22, 2014

Important: See building security access restrictions in Section 2.3

LATE PROPOSALS WILL BE REJECTED

There will not be a public opening for this RFP

Clarification and Questions All questions concerning this RFP must be submitted in writing via email on or before September 9, 2014 to:

Melissa Viken, Purchasing

Email: melissa.viken@dot.wi.gov See Section 1.4

MANDATORY VENDOR CONFERENCE

The MANDATORY Pre-Proposal Vendor Conference will be held on Friday, September 5th, 2014 at 1:00 P.M., at the Antigo Silt Loam Room, DOT Truax Building, 3502 Kinsman Blvd. Madison, WI 53704-2507. All proposers who intend to respond to this RFP must attend the proposer conference.

See section 1.5

Purchasing Lead Melissa Viken

Email: melissa.viken@dot.wi.gov

Issued: August 19, 2014 mailto:melissa.viken@dot.wi.gov

RFP 273020 – ENVIRONMENTAL CONSULTING SERVICES Page 2 of 39

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1 GENERAL INFORMATION

1.1 INTRODUCTION

1.2 DEFINITIONS

1.3 SCOPE

1.4 CLARIFICATION AND/OR REVISIONS OF THIS RFP

1.5 MANDATORY PROPOSER CONFERENCE

1.6 REASONABLE ACCOMMODATIONS

1.7 CALENDAR OF EVENTS

1.8 CONTRACT TERM AND FUNDING

1.9 FEDERAL FUNDING REQUIREMENTS

1.10 CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

1.11 VENDORNET REGISTRATION

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 GENERAL INSTRUCTIONS

2.2 INCURRING COSTS

2.3 SUBMITTING PROPOSALS

2.4 PROPOSAL ORGANIZATION AND FORMAT

2.5 MULTIPLE PROPOSALS

2.6 WITHDRAWAL OF PROPOSALS

3 PROPOSAL SELECTION AND AWARD PROCESS

3.1 EVALUATION COMMITTEE

3.2 PRELIMINARY EVALUATION

3.3 RIGHT TO REJECT PROPOSALS

3.4 PROPOSAL SCORING

3.5 EVALUATION CRITERIA

3.6 INTERVIEWS/PRESENTATIONS

3.7 FINAL EVALUATION

3.8 AWARD AND FINAL OFFERS

3.9 NOTIFICATION OF INTENT TO AWARD

3.10 APPEALS PROCESS

3.11 NEGOTIATE CONTRACT TERMS

4 PROPOSER INFORMATION AND SOLUTIONS

4.1 MANDATORY REQUIREMENTS

4.2 ORGANIZATION CAPABILITIES

4.3 STAFF QUALIFICATIONS

4.4 PROPOSER SOLUTIONS: PHASE 1 THROUGH 4 INVESTIGATION AND CONSTRUCTION EMERGENCY RESPONSE

4.5 PROPOSER REFERENCES

5 CONTRACT REQUIREMENTS

5.1 CONTRACT REQUIREMENTS

5.2 SERVICES

5.3 SUBCONTRACTORS

6 COST PROPOSAL

6.1 GENERAL INSTRUCTIONS FOR THE COST PROPOSAL AND HOW IT WILL BE SCORED

6.2 FORMAT FOR SUBMITTING COST PROPOSAL. USE ATTACHMENT K CONTRACT COST PACKAGE.XLSX

6.3 FIXED PRICE PERIOD

6.4 INFLATIONARY ADJUSTMENT

RFP 273020 – ENVIRONMENTAL CONSULTING SERVICES Page 3 of 39

7 SUPPLEMENT TO STANDARD TERMS AND CONDITIONS

7.1 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT

8 REQUIRED FORMS

8.1 FOUND IN FRONT SECTION THAT PRECEDES THE REQUEST FOR PROPOSAL DOCUMENT:

8.2 FOUND IN THE BACK SECTION OF THE REQUEST FOR PROPOSAL DOCUMENT:

8.3 FOUND AS A SEPARATE ATTACHMENT

WI DEPARTMENT of TRANSPORTATION RFP #273020

1 GENERAL INFORMATION

1.1 Introduction

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for environmental consulting services and asbestos consulting services including, but not limited to, Facilities Development Manual (FDM) Phase 1 through 3 Hazardous Materials Site Assessments, FDM Phase 4 Remediation and Waste Management activities, Resource Conservation and Recovery Act (RCRA) or Comprehensive Environmental Response , Compensation and Liability Act (CERCLA) services, Environmental Accountability and Compliance Services, Asbestos Inspection and Abatement, and Water Resource Assessment.

The Wisconsin Department of Transportation (WisDOT) owns or routinely acquires property throughout the State for purposes of highway development, facility expansion, and maintenance of the transportation system. Consequently, the need exists for various levels of environmental consultation, investigation and remediation. Other state agencies and municipalities may also require these services and may use contracts resulting from this Request for Proposal (RFP) to provide similar services.

The work under this RFP will include conducting and/or overseeing preliminary (Phase 1 and 2) and detailed (Phase 2 ½ and Phase 3) site investigation, and site remediation or waste management handling (Phase 4) services for regulated materials including RCRA and CERCLA listed wastes, asbestos inspection and abatement, as well as other general environmental consulting services. Examples of work covered by this contract include: underground storage tank removal; site remediation; asbestos inspection, abatement, and building demolition; investigations of sites to be purchased for new offices and facilities;

investigations and/or remediation of complex sites with multiple RCRA, Toxic Substances Control Act (TSCA) or other regulated waste; development of special provisions for managing contamination which will be included as bid items in highway or bridge construction contracts; emergency response to spills and discharges; and emergency response to tanks or contamination discovered during construction.

Examples of general consulting services covered by this contact include but are not limited to:

consultation on site remediation issues for transportation infrastructure development, mainly highway construction; project management of site investigation or remediation; negotiation of remediation proposals with regulators; assistance with WisDOT Bureau of Technical Services (BTS) hazardous materials program management; consultation for the proper management of hazardous substances; and water resource or hydrogeologic analysis for water quality or physical flow conditions of wells, springs, wetlands, aquifers, or other natural or man-made surface water bodies.

The State as represented by its Wisconsin Department of Transportation (WisDOT) intends to use the results of this RFP to award contracts for the above listed services. The contract administrators will be determined at the time of contract award.

The terms “must” and “shall” describe a mandatory requirement unless otherwise stated. If no proposer is able to comply with a condition in this RFP, then the State reserves the right to delete that condition of this RFP. Failure to meet a mandatory requirement shall disqualify your proposal.

The WisDOT Purchasing Unit is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is Melissa Viken, Purchasing Agent, melissa.viken@dot.wi.gov . Contact with anyone else involved with this process without the prior authorization of WisDOT Purchasing may result in the disqualification of your proposal.

1.2 Definitions

The following definitions are used throughout the RFP:

Agency means the Wisconsin Department of Transportation.

Asbestos means an incombustible, chemical resistant fibrous form of magnesium silicate.

Abatement means the removal of asbestos containing materials following all applicable state and federal regulations.

ADT means Average Daily Traffic

AST means above-ground storage tank.

BTEX means Benzene, Toluene, Ethylbenzene and Xylene.

BTS means the Bureau of Technical Services of the Division of Transportation Systems Development, Wisconsin Department of Transportation.

CERCLA means federal Comprehensive Environmental Response, Compensation and Liability Act

(Superfund). Created in 1980, CERCLA provides a federal “Superfund” to clean up uncontrolled or abandoned hazardous waste sites and spills of hazardous chemicals into the environment.

CMM means the WisDOT Construction and Materials Manual (to view a copy of the manual go to http://roadwaystandards.dot.wi.gov/standards/cmm/index.htm).

Contract Administrator means the Agency’s designated contract representative, responsible for the approval of requests for work, scopes of service, purchase orders, and invoices.

Contract Manager means the Contractor’s designated contract representative, responsible for the overall management and performance for the awarded contract. The Contract Manager will be the

Contract Administrator’s primary point of contact for the contract.

Contractor means proposer awarded the contract.

Corridor means a transportation pathway and its surroundings. In the context of a specific highway project the corridor is the entire length of the project and the area directly surrounding the project.

Cost Proposal means the vendors pricing for services requested in this request for proposal.

CTH means County Trunk Highway

CY means Cubic Yard

DEA means US Department of Justice Drug Enforcement Administration.

Department means the Wisconsin Department of Transportation.

Division means an administrative unit within the Department. The current administrative units are the Division of Transportation Investment Management (DTIM), the Division of Transportation

Systems Development (DTSD) the Division of State Patrol (DSP) the Division of Business

Management (DBM) and the Division of Motor Vehicles (DMV).

http://roadwaystandards.dot.wi.gov/standards/cmm/index.htm

DTSD means the WisDOT Division of Transportation Systems Development.

DNR or WDNR means the Wisconsin Department of Natural Resources.

DOT or WisDOT means the Wisconsin Department of Transportation.

FDM means the WisDOT Facilities Development Manual (to view a copy of the manual go to http://roadwaystandards.dot.wi.gov/standards/fdm/index.htm).

Inspection means the visual and physical examination of a site to determine if asbestos containing materials are present. Refer to FDM 21-35-45 for specific information on inspection of bridges.

http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf

FIFRA means Federal Insecticide, Fungicide, and Rodenticide Act http://www.epa.gov/oecaagct/lfra.html

GPS means Global Positioning System.

HAZWOPER means Hazardous Waste Operations and Emergency Response.

HSIS means the Highway Structures Information System. HSIS can be viewed with WAMS logon and password for the DOT Consultant Extranet.

https://trust.dot.state.wi.us/nidp/idff/sso?id=7&sid=0&option=credential&sid=0

Local Road means a county highway, town road, or city or village street.

LUST means Leaking Underground Storage Tank.

MBE means Wisconsin-certified Minority Business Enterprise.

MTBE means Methyl Tertiary Butyl Ether.

Multiple Proposals applies to one vendor submitting two separate proposals in response to this request for proposal.

NR 500 is the Environmental Protection- Solid Waste Management Rule series (see http://www.legis.state.wi.us/rsb/code/nr/nr500.html).

NR 600 is the Environmental Protection – Hazardous Waste Management Rule series (see http://www.legis.state.wi.us/rsb/code/nr/nr600.html).

NR700 is the Environmental Protection – Investigation and Remediation Rule series (see http://www.legis.state.wi.us/rsb/code/nr/nr700.html).

NR 800 is the Environmental Protection – Water Supply rule series (see http://docs.legis.wisconsin.gov/code/toc/nr ).

PCB means Polychlorinated biphenyl.

PCE means Perchloroethylene, also known as Perc.

http://roadwaystandards.dot.wi.gov/standards/fdm/index.htm http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf http://www.epa.gov/oecaagct/lfra.html https://trust.dot.state.wi.us/nidp/idff/sso?id=7&sid=0&option=credential&sid=0 http://www.legis.state.wi.us/rsb/code/nr/nr500.html http://www.legis.state.wi.us/rsb/code/nr/nr600.html http://www.legis.state.wi.us/rsb/code/nr/nr700.html http://docs.legis.wisconsin.gov/code/toc/nr

Phase 1 means a historical review of land uses, site activities, previous spills or discharges on the site or in the immediate vicinity, and previous ownership. It may also include drive-by or onsite inspections, interviews, and photographic documentation. Refer to FDM chapter 21-35-5 (go to http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf ).

Phase 2 means a subsurface investigation to determine and identify the presence of any hazardous substance in the soils or groundwater on the site. Refer to FDM chapter 21-35-10 (go to http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf ).

Phase 2.5 means investigation is limited to within the existing or proposed right-of-way and it is focused on characterizing the contamination in the planned zone of construction (not full extent of contamination). Refer to FDM Chapter 21-35-12 (go to http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf ).

Phase 3 means detailed subsurface investigation of a site known to be impacted by hazardous substances to determine the nature and extent of the substance, the evaluation of remedial alternatives, the preparation of remedial designs, work plans and pilot scale feasibility studies. Refer to FDM chapter 31-35-15 (go to http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf ).

Phase 4 means the implementation of an approved remedial action plan to address impacted soils and/or groundwater. Refer to FDM chapter 21-35-20 (go to http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf).

Project means environmental documentation, design, maintenance, real estate acquisition, or construction activities for a specific portion of highway or other transportation facility.

Project ID means the unique charging code assigned to a specific portion of highway or other transportation facility for the purpose of funding environmental documentation, design, maintenance, real estate acquisition or construction activities.

Proposer/Vendor means a company or individual submitting a proposal in response to this RFP.

Proposal means vendor’s submission in response to this request for proposal.

RCRA means Resource Conservation and Recovery Act of 1976.

Region means a specific area of the state which is overseen by an office housing WisDOT division representatives. For maps of the current WisDOT division regions refer to http://www.dot.wisconsin.gov/about/locate/dtd.htm for DTSD regions;

http://www.dot.wisconsin.gov/about/locate/sp/offices.htm for DSP regions; and http://www.dot.wi.gov/about/locate/dmv/index.htm for DMV service center locations.

Remediation means the management, treatment or removal of regulated contamination from the soil or groundwater; or the management, handling and disposal of a regulated waste material.

Hazardous waste disposal is included under a separate mandatory statewide contract and is not included in this definition.

RFP means request for proposal.

http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf http://www.dot.wisconsin.gov/about/locate/dtd.htm http://www.dot.wisconsin.gov/about/locate/sp/offices.htm http://www.dot.wi.gov/about/locate/dmv/index.htm

R/W means Right of Way.

Site means a specific location within distinct property boundaries, or with a distinct address, or a specific portion of right of way.

Site Name means the specific designation which the Department is using to distinguish one site from another on a project.

Subcontractor means a person or company under direct contract to the Proposer for the purposes of completing work under this contract.

Site Assessment means investigation of a site to determine if the potential for contamination exists, and if contamination is present.

Special Provisions means written directions and requirements applicable to a specific project and not otherwise thoroughly detailed or described in the STSPs, the Standard Specifications or supplemental specifications. As the term is used in this document it means directions specific to the handling, treatment, and disposal of specific hazardous materials for a particular project.

State means the State of Wisconsin

STH means State Trunk Highway

STSP means Standardized Special Provision. The standardized special provisions describe the directions and requirements of a highway work proposal not detailed or prescribed in the most recent edition of the Standard Specifications. http://on.dot.wi.gov/consultants/stsp/index.shtm

TBE means targeted business enterprise.

TCE means Trichloroethylene.

TSCA means Toxic Substances Control Act.

USH means United States Highway.

UST means Underground Storage Tank.

VPD means Vehicles Per Day.

Water Resource Analysis means evaluating groundwater hydrology, surface water/groundwater interaction (physical or chemical) and aquatic resource impact analysis (physical, chemical or biological).

WAMS means the State of Wisconsin Web Access Management System.

1.3 Scope

1.3.1 Project Description

Proposer will provide a broad range of environmental services, including but not limited to: Site investigations, inspections, remediation, consulting, program management assistance, environmental compliance audits, water resource analysis, asbestos inspection and abatement, http://on.dot.wi.gov/consultants/stsp/index.shtm

RCRA/CERCLA Services, including site assessment and waste management handling tasks for RCRA/CERCLA and Non-RCRA wastes. RCRA waste disposal is covered under a separate contract.

Successful proposers shall have the ability to provide emergency response within 24 hours. In emergency situations a vendor may be called to respond to a site within 24 hours of notification of an emergency. If the first vendor to be called upon cannot be reached or is unable to provide the emergency response services in a timely manner, the next vendor will be contacted to provide the emergency response. Emergency response typically involves responding to the unexpected discovery of an underground storage tank or contaminated soil, or buried containers during construction activities. Occasionally an emergency response may involve conducting an asbestos inspection with 24-hour turnaround on laboratory analysis, or conducting an asbestos abatement for a previously undiscovered asbestos containing material.

1.3.2 Objectives/Needs

The objective of this RFP is to obtain the assistance of firms willing and able to handle a variety of complex environmental issues in a timely and cost effective manner, maintain project schedules, and provide adequate documentation for environmental impact analysis, program management, site closure, and risk assessment.

1.3.3 Current Operations (history and background)

In the past, the contract resulting from this RFP has been made available to other state agencies in addition to WisDOT and also local governmental units, and it is reasonable to expect that will again be the case. Proposers should indicate their willingness to make services available to

Wisconsin municipalities on Vendor Agreement Form T201.

The contract value for WisDOT work can vary significantly from year to year and has been between $1,200,000 and $3,800,000. This is not to be considered a contract amount or any commitment on the part of the agency; rather it is only provided to inform you of the potential magnitude of the services. Project costs ranged from $850 to $271,000.

WisDOT intends to make several contract awards from this RFP. Contracts will be awarded to multiple vendors who will be expected to provide full service environmental consulting on a statewide basis. Full service work assignments will be determined by the contract administrators based on the following criteria, in no particular order: proximity, experience with similar projects or sites, previous experience with the site or project, current workload, and ability to respond in a timely manner, and whether a conflict of interest exists.

Examples of work performed under previous contracts include building demolition, asbestos inspection and abatement, bridge asbestos investigation and abatement, sediment investigation and management, mold removal, groundwater pump and treat systems; in-situ active and passive treatments and bioremediation for petroleum, Polychlorinated biphenyl (PCB’s) and

TCE; in-situ treatment of lead in soils; in-situ treatment of lead in sediments; ex-situ treatment of PCB contaminated sediments, landfill grading and capping, development of remediation special provisions and bid items for highway construction contracts. The level of investigation and remediation required varies. General consulting services and program and data management services were also included. This list is not intended to be all-inclusive, but rather to give the proposer information on services that may be provided under the scope of the contract.

WisDOT conducts an average of 260 asbestos inspections per year, on Interstate, US Highway, state trunk highways, and local road bridges. Attachment F includes a breakdown by region of the asbestos inspections conducted between 2009 and 2013.

WisDOT conducts between 1 and 5 emergency asbestos inspections or abatements per year.

WisDOT has between 13 and 30 emergency UST removals or contaminated soil or groundwater handling responses annually on highway construction projects.

WisDOT develops special provisions and bid items for waste handling and management for 30 to

40 construction contracts per year.

WisDOT investigates or remediates 125 to 160 sites per year. This includes FDM Phase 1 through

Phase 4 services. Attachment G includes a breakdown by region of Phase 1 through 4 investigations conducted between 2009 and 2013.

The need for water resource analysis services in future years is estimated to be between one and five times per year. This analysis includes evaluating groundwater hydrology, surface water/groundwater interaction (chemical and physical flow), and aquatic resource impact analysis.

1.4 Clarification and/or revisions of this RFP

Any questions concerning this RFP must be submitted in writing with the RFP# referenced in the subject line and received on or before Tuesday, September 9, 2014 to:

Melissa Viken, Purchasing Agent Email: Melissa.viken@dot.wi.gov

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFP DOCUMENT at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should notify immediately the above named individual of such error and request modification or clarification of the RFP.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be posted as an addendum on VendorNet. It is the proposer’s responsibility to check VendorNet for any addenda or updates. Responses to inquiries and comments will not be provided via telephone.

Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any supplements or revisions thereof.

Any contact with State employees concerning this RFP is prohibited, except as authorized by the RFP manager during the period from date of release of the RFP until the notice of intent to contract is released.

1.5 Mandatory Proposer Conference

A mandatory proposer conference will be held on Friday, September 5th, 2014 at 1:00 P.M., at the Antigo Silt Loam Room, DOT Truax Building, 3502 Kinsman Blvd. Madison, WI 53704-2507 to respond mailto:Melissa.viken@dot.wi.gov to questions and to provide any needed additional instruction to vendors on the submission of proposals. All proposers who intend to respond to this RFP must attend the proposer conference.

Proposers who

1.6 Reasonable accommodations

WisDOT will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/proposer conference, contact Melissa Viken, Purchasing, at (608) 266-0709 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1-800-947-3529.

1.7 Calendar of events

Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by WisDOT. In the event that WisDOT finds it necessary to change any of the specific dates and times, it will do so by issuing amendments to this RFP on VendorNet. There may or may not be a formal notification issued for changes of the estimated dates and times.

DATE EVENT

August 19, 2014 RFP issuance date September 5, 2014 Mandatory Proposer conference September 9, 2014 September 12, 2014

Last day for submitting written questions.

Post amendments to proposers, which include answers to questions, supplements and/or revisions to the RFP on VendorNet

September 22, 2014 Proposals due on or before 2:00 p.m. (CT)

1.8 Contract term and funding

The contract shall be effective on the date indicated on the purchase order or contract and shall continue for 2 year(s) from that date. By mutual agreement of the agency and the contractor, the contract may be renewed up to 3 additional one-year periods. WisDOT reserves the right to extend beyond the contract period if deemed to be in the best interest of WisDOT.

As required by Wisconsin Statutes, continuance of a contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds and the termination of the contract by lack of appropriation shall be without penalty to WisDOT

1.9 Federal Funding Requirements

1.9.1 Compliance with Law

Contractor shall warrant and certify that in the performance of the resultant agreement it has complied with or will comply with all applicable statutes, rules, regulations and orders of the United States, and any state or political subdivision thereof, including laws and regulations pertaining to labor, wages, hours and other conditions of employment. All materials, equipment, and supplies provided to the members must comply fully with all safety requirements, rules of the Industrial Commission on Safety, and all applicable OSHA Standards.

1.9.2 Debarment

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any

Federal department or agency from doing business with the Federal Government. By signing this bid document you certify that your organization and its principals are not debarred. Information on debarment is available at the following website: and www.acquisition.gov/far/current/html/Subpart%209_4.html . Submit completed Attachment E, Certification regarding debarment, suspension and other responsibility matters. Failure to supply this information may disqualify your bid.

1.9.3 Drug-Free Workplace

In accordance with the Drug-Free Workplace Act of 1988 and Code of Federal Regulations 29.6 Subpart F

Contractor shall certify that they will not engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in conducting any activity with the contract.

1.9.4 Development of Disadvantaged Suppliers

WisDOT is committed to encouraging the development of minority, women-owned, and otherwise small and disadvantaged businesses. Contractor shall make an effort to subcontract with minority, women-owned and otherwise small and disadvantaged businesses where appropriate. A quarterly report will be required indicating the extent of effort and members’ participation. The report will be in a format acceptable to WisDOT.

1.9.5 Disadvantaged Business Enterprise (DBE) Participation

This contract includes projects with federal funding and is, therefore, subject to the Department of

Transportation Disadvantaged Business Enterprise (DBE) regulations. DBEs, as defined in 49 CFR Part 26, shall have the equal opportunity to participate in the performance of work resulting from the RFP. Any agreement resulting from this Solicitation will incorporate by reference the requirements of 49 CFR Part

26. Failure of the contractor and any and all sub-contractors to carry out these requirements will be considered a material breach of said contract, which may result in the termination of said contract or such other remedy as the State of Wisconsin deems appropriate.

1.9.6 Reporting

This project includes Federal funding, therefore, is subject to federal regulations relative to reporting, recordkeeping, and audits. Reports of both programmatic evaluation and fiscal activity will be required for the purpose of documenting the satisfactory meeting of project objectives.

All materials maintained by Contractor related to the administration of the program will be at full disclosure to WisDOT and FHWA upon request. WisDOT or FHWA shall have the right to audit, review, examine, copy, and transcribe and pertinent records, documents or electronic files relating to any contract resulting from this RFP held by the contractor. Contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. The contractor shall, at the option of WisDOT, appear before administrators to clarify findings and to answer any questions at any time during the contract or after the contract is completed.

Failure of the contractor to accept these obligations may result in cancellation of the award.

http://www.acquisition.gov/far/current/html/Subpart%209_4.html

1.9.7 Patents

Contractor shall abide by the standard patent rights clause specified in “Rights to Inventions made by

Non-profit Organizations and Small Business Firms” (37 CFR Part 401).

1.9.8 Byrd Anti-Lobbying

Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49

CFR part 20, ‘‘New Restrictions on Lobbying.’’ Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient. Submit completed Attachment DD, Certification and Restrictions on Lobbying.

1.9.9 Anti-Kickback (18 U.S.C. 874 and 40 U.S. C. 276c)

All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C.

874), as supplemented by Department of Labor regulations (29 CFR part 3, ‘‘Contractors and

Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States’’). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the U.S. Department of Transportation, Office of Inspector General, Office of Investigations. See http://www.fhwa.dot.gov/programadmin/contracts/fraud.cfm for information on how to report suspected fraud.

1.9.10 Buy America

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that

Federal funds may not be obligated unless steel, iron, and manufactured products used in federally funded projects are produced in the United States, unless a waiver has been granted by the federal government or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and are based on public interest, non-availability, and price-differential. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

1.10 Certification for collection of sales and use tax

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

1.11 VendorNet registration

The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web http://www.fhwa.dot.gov/programadmin/contracts/fraud.cfm http://vendornet.state.wi.us/ site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an email message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive email notices of these simplified bid opportunities. If questions exist about VendorNet, call the VendorNet Information Center at 1-800-482-7813 or, for Madison area organizations; call 608-264- 7898.

Also, register for WisDOT’s vendor database by accessing our Purchasing web site:

www.dot.wisconsin.gov/business/purchase/index.htm or by contacting via email: mailto:tipscorrespondence.dbm@dot.wi.gov

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 General instructions

The evaluation and selection of a contractor will be based on the information submitted in the proposal plus references and any required interviews/presentations. Proposers should respond clearly and completely to all requirements. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal.

Elaborate proposals (e.g. expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired. WisDOT encourages all proposers to print their submission double-sided to save paper

2.2 Incurring costs

The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP

2.3 Submitting proposals

Proposers must submit, in a sealed package, One Original (identify) PLUS 6 paper copies and one compete electronic copy (CD, USB, DVD or other acceptable media) of all materials required for acceptance of their proposal on or before 2:00 p.m. (CT), Monday, September 22, 2014 to:

U.S. Mail: UPS, Fed Ex, etc.:

Purchasing Purchasing WI Department of Transportation WI Department of Transportation 4802 Sheboygan Ave., Room 751 4802 Sheboygan Ave., Room 751 PO Box 7396 Madison, WI 53705 Madison, WI 53707-7396

A proposer can hand deliver their proposal package on or before the date and time listed above.

Because of increased building security, access to the WisDOT Purchasing Office is restricted and may cause delay if hand delivering your proposal. Allow ample time for security clearance to room 751.

All proposals must be time-stamped by the WisDOT Purchasing Office by the stated time. Proposals not so stamped will not be accepted. Receipt of the proposal by the State mail system does not constitute receipt of the proposal by the WisDOT Purchasing Office.

WisDOT does not accept facsimile machine or email submitted proposals. All proposals must be packaged, sealed, and show the following information on the outside of the package:

http://www.dot.wisconsin.gov/business/purchase/index.htm mailto:tipscorrespondence.dbm@dot.wi.gov

Proposer's Name and Address

Request for Proposal Title (Environmental Services)

Request for Proposal Number (273020)

Proposal Due Date (09/22/14 2:00 PM (CT))

COST PROPOSAL: Submit Original plus one (1) paper copy and one electronic copy (Attachment K).

Seal in an envelope and submit within the proposal package. The outside of the envelope should clearly state “Cost Proposal” and the name of proposer.

Proprietary and Confidential Information: If the proposer designates any information in the proposal as proprietary and confidential, the proposer must submit, in addition to the copies listed above, one electronic copy of the proposal with all proprietary and confidential information redacted. This copy should be clearly marked “REDACTED COPY” and submitted in the package containing the original proposal.

2.4 Proposal organization and format

Proposal should be typed and submitted on 8.5 by 11 inch paper and bound securely with page numbers clearly indicated.

Proposers responding to this RFP must comply with the following format requirements:

a) Tab 1 - COVER LETTER, RFP SIGNATURE PAGES, DESIGNATION OF CONFIDENTIAL & PROPRIETARY INFORMATION FORM, and PROPOSER INFORMATION SHEET: Include here any cover letter, the RFP signature pages 1 & 2, any addendum/amendment signature pages, the designation of confidential & proprietary information form found in the front section of the RFP, completed Attachment A--Proposer Information Sheet found at the back of this RFP, and the Vendor Agreement form.

Proposals submitted in response to this RFP must be signed by the person in the proposer's organization who is responsible for the proposal submittal, including prices. Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any addendums/amendments thereof.

b) Tab 2 - RESPONSE TO PROPOSER INFORMATION AND SOLUTIONS: Responses to the requirements in the proposer information and solutions must be in the same sequence and numbered as they appear in this RFP. Include here completed Attachment B--References Sheet found at the back of this RFP.

c) Tab 3 - CERTIFICATIONS : Include here completed attachment D, Certification and restrictions on lobbying, and completed attachment E, Certification regarding debarment, suspension, and other responsibility matters

d) Tab 4 - PROPOSER CHECKLIST: Include here completed Attachment C found at the back of this

RFP.

e) Separate Envelope - COST PROPOSAL--ATTACHMENT K found at the back of this RFP. Provide cost information as detailed in section 6.0 in this RFP. All costs, as requested, for furnishing the product(s) and/or service(s) must be included in this proposal. The cost proposal must NOT be listed in any other part of the proposal response.

2.5 Multiple proposals

Multiple proposals from a proposer will be permissible; however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. on each page included in the response

2.6 Withdrawal of proposals

Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal, in writing, at any time up to the proposal due date and time or upon expiration of 180 days after the due date and time. The written withdrawal notice must be received by the Purchasing Agent or Purchasing Supervisor managing this RFP process. The notice must be signed by an authorized representative of the proposer. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal due date and time.

3 PROPOSAL SELECTION AND AWARD PROCESS

3.1 Evaluation Committee

WisDOT's evaluation committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or product(s) that are the subject of this RFP.

Proposers may not contact members of the evaluation committee except at the WisDOT's request.

3.2 Preliminary evaluation

The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in the proposal being rejected. In the event that all proposers do not meet one or more of the mandatory requirements, WisDOT reserves the right to continue the evaluation of the proposals that most closely meet the mandatory requirements of this

RFP.

3.3 Right to reject proposals

The agency reserves the right to reject any and all proposals.

3.4 Proposal scoring

Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria.

The committee may review references, request interviews/presentations, conduct demonstrations and/or conduct on-site visits. The resulting information will be used to score the proposals. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.

3.5 Evaluation criteria

The proposals will be scored using the following criteria:

Description Maximum Points

A. Proposer Information and Solutions (section 4.0)

4.2 Organization capabilities 200

4.3 Staff qualifications 100

4.4 Proposer Solutions 200

C. Cost Proposal (section 6.0) 250

TOTAL 750

3.6 Interviews/presentations

Top-scoring proposers, based on the evaluation of the written proposal, may be required to have interviews/presentations to support and clarify their proposals, if requested by the State. The State will make every reasonable attempt to schedule each interview/presentation at a time and location that is agreeable to the proposer. Failure of a proposer to complete a scheduled interview/presentation to the State may result in rejection of that proposer's proposal.

3.7 Final evaluation

Upon completion of any interviews/presentations by proposers, the WisDOT's evaluation team will review their evaluations and make adjustments to the requirements scores based on the information obtained in the interview/presentation, possible reference checks, and any other pertinent proposer information.

3.8 Award and final offers

Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposers after the original evaluation process is complete. Alternatively, the highest proposer or proposers may be requested to submit best and final offers. If WisDOT requests best and final offers, they will be evaluated against the stated criteria, scored, and ranked by the evaluation committee. The award will then be granted to the highest scoring proposers following that process.

However, a proposer should not expect that WisDOT will request a best and final offer.

3.9 Notification of intent to award

All proposers who respond to this RFP will be notified in writing of WisDOT's intent to award the contract(s) as a result of this RFP.

After notification of the intent to award is made, and under the supervision of agency staff, copies of proposals will be available for public inspection from 7:30 a.m. to 4:00 p.m., in the WisDOT Purchasing Section, Room 751, 4802 Sheboygan Avenue, Madison, Wisconsin. Proposers should make appointments to ensure that space and time are available for the review. Contact the Purchasing Agent managing this RFP process.

3.10 Appeals process

The appeals process applies only to those requests for proposal for services that result in a contract greater than $50,000. Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify Wisconsin Statutes and Wisconsin Administrative Code provisions that are alleged to have been violated

The written notice of intent to protest the intent to award a contract must be filed with Mark Gottlieb, P.E., Secretary, Wisconsin Dept. of Transportation, 4802 Sheboygan Avenue, PO Box 7910, Madison, WI 53707, phone number 608-266-1114, facsimile number 608-266-9912, and received in his office no later than five (5) working days after the notice of intent to award is issued.

The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued.

The decision of the head of the procuring agency may be appealed to the Secretary of the Wisconsin Dept. of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency. The appeal must allege a violation of a Wisconsin Statute or a provision of the Wisconsin Administrative Code.

3.11 Negotiate contract terms

The agency reserves the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the agency may negotiate a contract with the next highest scoring proposer.

4 PROPOSER INFORMATION AND SOLUTIONS

Submit response under Tab 2 of proposal--see section 2.4 for proposal submittal format. Detail the subcontractors, if any, that would be used and what services they would perform in your response to 4.2.9.

4.1 Mandatory requirements

The following requirement(s) are mandatory and the proposer must satisfy them as a pass/fail pre-screening requirement. Any proposal submitted not in compliance with mandatory requirements will be rejected and not evaluated or scored.

4.1.1 Licensed Hydrologist or Geologist on staff

Proposer must have a minimum of the equivalent one full-time licensed Hydrologist or registered Geologist who meets the definitions under NR 712.03 (http://dnr.wi.gov/topic/Brownfields/documents/regs/NR712.pdf) on staff. This requirement may be fulfilled by two or more part-time employees, but each employee must hold their own license or registration. Provide the nname of your licensed Hydrologist(s) and registered Geologist(s) and give their license or registration numbers.

4.1.2 Certified Asbestos Firm

Proposer must be on the Wisconsin Department of Health Services’ list of Asbestos Investigators at the time of submittal.

http://www.dhs.wisconsin.gov/asbestos/AsbCompanies/Companyindex.htm .

4.2 Organization capabilities

Describe the organization/company's experience and capabilities providing similar services to those required. Be specific and detail no more than six (6) projects/contracts: description of work, dates, locations, and results.

4.2.1 Phase 1 and 2 Investigation

Describe your experience in conducting Phase 1 and 2 site investigations. Outline a typical work plan and timetable for a Phase 1 project.

4.2.2 Asbestos Abatement

Describe your experience in conducting asbestos abatement for demolition projects. Describe your experience in conducting asbestos abatement for bridge projects. If your firm will subcontract for these services, name the subcontractors you intend to use.

4.2.3 Asbestos Inspection

Describe your experience in conducting asbestos inspection for demolition projects. Describe your experience in conducting asbestos inspections for bridge projects.

4.2.4 Emergency Response

Describe your experience in responding to unexpected conditions encountered in the field.

Include response timeframes.

http://dnr.wi.gov/topic/Brownfields/documents/regs/NR712.pdf http://dnr.wi.gov/topic/Brownfields/documents/regs/NR712.pdf http://www.dhs.wisconsin.gov/asbestos/AsbCompanies/Companyindex.htm

4.2.5 Remediation Systems

Describe your experience in developing and evaluating remediation systems.

4.2.6 Vapor Intrusion sampling and monitoring

Describe your experience conducting vapor intrusion sampling and vapor monitoring.

4.2.7 Vapor Mitigation

Describe your experience installing, operating and maintaining vapor mitigation systems.

4.2.8 Remediation in conjunction with construction

Describe your experience in conducting remediation in conjunction with construction projects.

4.2.9 Subcontractors

Name the work you propose to subcontract under this contract, and name the subcontractors you propose to use for each type of work.

4.3 Staff Qualifications

Identify key staff your organization/company will assign to fulfill the contract requirements. Identify contract manager(s), project managers, etc. Provide synopses describing the educational and work experience for each of the key staff who would be assigned to the WisDOT project/program.

4.4 Proposer Solutions: Phase 1 through 4 investigation and construction emergency response Outline the scope of services for each example listed in 4.4.1- 4.4.6 below

Break the scope into tasks, and estimate the number of hours for each Rate Title that that task will take.

For example: Review Sanborn Fire Insurance Maps, Field Technician, 5 hours; Conduct property owner interviews, Scientist, 10 hours; Report production, Administrative Support, 2 hours; Report Review, Project Supervisor, 2 hours.

Include the total number of hours per Rate title in your summary. DO NOT INCLUDE COSTS IN YOUR NARRATIVE

DESCRIPTION.

Include in your scope of services what items will be direct expenses and what items will be subcontracted. DO NOT

INCLUDE COSTS IN YOUR NARRATIVE DESCRIPTION.

NOTE: All examples used in this section are fictitious and do not refer to any existing or planned future highway project.

4.4.1 Phase 1 HazMat Assessment

(following FDM 21-35-5 http://roadwaystandards.dot.wi.gov/standards/fdm/21-35.pdf , and the directions in section 4.4 above) for a 2-mile R/W corridor consisting of both rural and urban sections. The rural section is .75 miles long primarily unimproved agricultural land. The urban segment is 1.25 miles long and contains 5 signalized intersections containing commercial enterprises. One ag-chem bulk plant, three previously uninvestigated gas stations, and one oil-change facility exist along the corridor.