516-18.pdf

Invitation No.: 516-18 Location: Western Management Unit Commodity: Bat Conservation Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/518pricing.xls

REQUEST FOR INFORMATION (RFP)

State of Ohio, Department of Transportation

Office of Contract Sales, Purchasing Services Jerry Wray, Director

RFP Submission Deadline (Opening Date):

June 20, 2017 at 2:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

(authorized to answer questions about your company’s bid)

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Proposals To:

Ohio Department of Transportation Office of Contract Sales, Purchasing Services, 1st floor 1980 West Broad St. Mail Stop 4110 Columbus, OH 43223

BIDDERS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS RFP

VIA THE FOLLOWING WEBSITE:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/518pricing.xls http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ.aspx

Contents

INTENT AND Scope of Work

WMU Bat Conservation Project Specifications and Criteria

Contract Duration

Preliminary Timeline

Proposal Delivery

Proposal inquiries

Proposal Content Requirements

Evaluation Criteria

Basis of Award

Additional Information

Real ESTATE acquisition

Long Term Property Management and Protection

General Liability Insurance Requirements

Workers’ Compensation Insurance

Legal Representation

Invoicing and Financial Accounting

Change IN TEam After Contract EXECUTION

Permits, Licenses, and Taxes

Prevailing Wages (State or Federal)

RFP GENERAL DEFINITIONS

RFP GENERAL TERMS AND CONDITIONS

Terms and Conditions for Submitting Excel Pricing File in Bid Package

INSTRUCTIONS, TERMS AND CONDITIONS FOR BIDDING

GENERAL DEFINITIONS

STANDARD CONTRACT TERMS AND CONDITIONS

DISTRICT MAP

SIGNATURE PAGE

INTENT AND SCOPE OF WORK

The Ohio Department of Transportation (ODOT) Office of Environmental Services (OES) is issuing this Request for Proposal (RFP) to solicit proposals to obtain full delivery natural resource mitigation services. ODOT has committed, through agreement with the United States Fish and Wildlife Service (USFWS), to spend $5,000,000 towards conservation efforts for federally listed bat species in Ohio. As part of the agreement with USFWS, ODOT has committed to utilize this funding to identify, acquire, and protect qualified bat habitat in the Western Management Unit (WMU) to offset statewide impacts related to ODOT’s transportation program. The intent of this request for proposal is to identify and select a qualified vendor to provide full delivery mitigation services focusing on bat habitat conservation for endangered bats meeting the required criteria. Please refer to the provided link for the Priority Mitigation Map (Figure 1), USFWS Selection Criteria for Indiana Bat Conservation Areas (BCAs) document, and USFWS Bat Habitat Restoration Guidance document that accompany Figure 1.

http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permi ts/Ecology/Documents/TechnicalGuidance/WMU%20Priority%20Mitigation%20Map%20an d%20Selection%20Criteria%20for%20BCAs.pdf

This information will dictate site consideration and qualification criteria for this project and will be referred to as the “BCA Selection Criteria” throughout the rest of this document. The goal of WMU Bat Conservation project is to provide as much acreage of high quality bat conservation property that meets the BCA Selection Criteria with the committed $5,000,000. The $5,000,000 would cover all aspects and costs of securing qualifying property(s), which are further detailed in this RFP. A minimum of 500 acres of bat conservation property meeting the requirements of the BCA selection criteria will be required for the purposes of this project and RFP. The winning proposer will be required to perform partial or full delivery of various mitigation services including locating and assessing properties, design tasks, environmental investigations, environmental documentation, real estate processes including acquisition services, monitoring, compliance assistance, adaptive management, restoration and repair, and long term protection and management of the lands procured under this agreement. Specific work items will be developed under this agreement based on the outline of this request for proposal, the details provided in the winning team’s proposal, and the resulting task agreement.

WMU BAT CONSERVATION PROJECT SPECIFICATIONS AND CRITERIA

1. Information on the Indiana bat and the Northern Long-eared bat can be found here:

a. https://www.fws.gov/midWest/endangered/mammals/inba/index.html

b. https://www.fws.gov/Midwest/endangered/mammals/nleb/index.html

2. The project requires the perpetual preservation of a minimum of 500 acres of property meeting the BCA Selection Criteria. While 500 acres is the minimum requirement, the goal is to obtain as much qualified high quality acreage as possible utilizing the committed $5,000,000.

a. The focus of the proposal should be on the preservation of suitable summer habitat containing suitable roost trees.

b. Restoration of suitable summer habitat (e.g. planting of trees) may be considered as outlined in BCA Selection Criteria.

3. Location and criteria for Indiana bat (or Indiana bat and Northern Long-eared bat)conservation efforts:

a. Property must be located in the WMU and in one of the townships shown on the Priority Mitigation

Map. Properties outside of these townships may be able to be qualified with supporting information as outlined in the BCA Selection Criteria. Properties outside of the Priority Mitigation Mapped areas will require USFWS and ODOT preapproval to be qualified.

b. Preference should be given to larger properties that provide high value conservation on a landscape scale.

c. No property should be considered for this task that is already understood to be protected (e.g., parkland, nature preserve, etc.)

d. Properties that have severed interests with respect to mineral rights, oil/gas leases, timber rights, or similar, that would conflict with the conservation values of the properties, should not be considered.

http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Documents/TechnicalGuidance/WMU%20Priority%20Mitigation%20Map%20and%20Selection%20Criteria%20for%20BCAs.pdf http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Documents/TechnicalGuidance/WMU%20Priority%20Mitigation%20Map%20and%20Selection%20Criteria%20for%20BCAs.pdf http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Documents/TechnicalGuidance/WMU%20Priority%20Mitigation%20Map%20and%20Selection%20Criteria%20for%20BCAs.pdf https://www.fws.gov/midWest/endangered/mammals/inba/index.html https://www.fws.gov/Midwest/endangered/mammals/nleb/index.html

e. All property(ies) obtained for this purpose shall be protected in perpetuity with appropriate site protection legal instrument and shall include provisions for long term stewardship/management.

f. No properties will be purchased in ODOT’s name.

4. The project will require full delivery (turnkey) services necessary to provide ODOT with a product of a minimum of 500 “credits” (1 credit equal to 1 acre of qualifying property) meeting the BCA Selection Criteria. The various elements of full delivery could include, but are not limited to:

a. Search, inventory, and identification of appropriate conservation properties

b. Environmental Services

i. Natural resource inventory and assessment

1. Any and all state and/or federal permits to conduct assessment work are the responsibility of the vendor.

ii. Conservation plan document

1. The conservation plan will provide sufficient information to document all conservation sites/properties.

iii. Bat surveys (not necessary if property is in a qualified township)

1. Any and all state and/or federal permits and approvals to conduct surveys are the responsibility of the vendor.

iv. NEPA documentation

v. Any other environmental document or permit that may be required to complete the required full delivery tasks

c. All facets of real estate services

i. Property research

ii. Title reports

iii. Appraisals

iv. Negotiations with property owners

v. Acquisition of properties

vi. Identification of third party easement holders and/or long term land managers

vii. Transfer documents

viii. Site protection legal instruments

d. Engineering Plans as appropriate

i. As applicable for any restoration components

e. Securing of any necessary state/federal/local permits/approvals

f. Construction as appropriate

i. As applicable for any restoration components

ii. Construction oversight if applicable

g. Property boundary or easement survey

i. Marking of property boundary or easement boundary on conservation sites with appropriate signage

h. Monitoring and management plan development and execution

i. This will include short term (for any restoration component) and long term management/stewardship and compliance with restrictions

i. Complete oversight and management of the conservation project from start to finish

5. The preliminary schedule for completion of the project is as follows:

a. Conceptual Conservation Plan due by October 31, 2017

b. Final Conservation Plan due by January 31, 2018

c. Completion of project by June 30, 2019

i. This includes all property acquisition, recording of site protection legal instruments, any restoration activities.

ii. Monitoring (short term and/or long term) will extend beyond this date.

6. All documents, including but not limited to Conceptual/Final Conservation Plans, long-term management plans, and legal protection instruments will be subject to review and approval by both ODOT and USFWS and will become the property of ODOT. Properties may require preapproval by both ODOT and USFWS.

Services that could be required include, but are not limited to, the following:

a) GIS Activities, including application, design, implementation and analysis of geographic information.

b) Ecological literature search, including mapping.

c) Ecological Survey Report creation

d) Wetland Determination and/or delineation/mapping

e) Stream Determination and/or delineation/assessment/mapping

f) Ecological Inventories of mitigation sites, including mapping

g) Cultural resource investigations

h) Environmental Site Assessments

i) Endangered Species Surveys and/or reports

j) Preparation of Waterway Permit Applications per ODOT Waterways Permits Manual (404, 401, Isolated

Wetland, etc.)

k) Performance of Ohio EPAs Rapid Assessment Method (ORAM) on Wetlands.

l) Performance of Ohio EPAs Qualitative Habitat Evaluation Index (QHEI) and/or Headwater Habitat

Evaluation Index (HHEI) on Streams

m) Collection of Data and Performance of Ohio EPAs Index of Biotic Integrity (IBI) and Invertebrate

Community Index (ICI) on Streams

n) Collection of Data and Performance of Ohio EPAs Vegetative Index of Biotic Integrity (VIBI), Amphibian

Index of Biotic Integrity (AmphIBI) on wetlands

o) Waterway permit applications

p) Monitoring of Stream, Wetland, and/or other Environmental Mitigation (includes monitoring during construction and/or post construction monitoring)

q) Maintenance, adaptive management, and remediation activities (including invasive species control, site repair and restoration, etc.) of mitigation sites

r) Baseline Documentation Reports (BDRs) for mitigation sites

s) Design of stream, wetland, and/or other environmental mitigation sites, including development of conceptual and/or final mitigation plans (per Ohio EPA/USACE/USFWS requirements)

t) Procurement of Bank and or In-Lieu Fee (ILF) credits on the behalf of ODOT

u) Other environmental studies

v) Geophysical Survey including hydrologic studies

w) Surveying Services – property boundary survey, easement survey, property boundary marking, and related

x) Right of Way Plan Development Services

y) Right of Way Acquisition Services – including, but not limited to: Titles, Appraisals, Negotiations, Closings, Relocations

z) Construction, restoration, and protection of mitigation areas including but not limited to: wetland; vernal pools; streams; threatened and endangered species habitat creation, restoration and enhancement; etc.

aa) Legal protection of lands

bb) Long term land/resource management and protection

cc) Compliance inspection of mitigation sites

dd) All necessary investigations, services, approvals, and documentation, needed to meet all local, state, and federal requirements such as but not limited to National Environmental Policy Act, Clean Water Act, environmental site assessment, National Historic Preservation Act, Endangered Species Act, etc.

ee) Restoration plans, construction, oversight, and monitoring for potential compliance issues

ff) All services necessary to develop a Conceptual Mitigation Plan and develop and implement the Final

Stream Mitigation Plan in accordance with the USACE/USEPA Compensatory Mitigation for Losses of Aquatic Resources; Final Rule 2008 as applied to permittee-responsible mitigation and the USACE Mitigation Guidelines Checklist for the State of Ohio. All services necessary to complete conservation plan documents for Endangered Species Act requirements on conservation sites.

The following ODOT prequalification’s are required to be met by the proposers and can be met by a combination of the prime and sub-components of the Proposers’ team:

Ecological Surveys Waterway Permits Stream and Wetland Mitigation History/Architectural Investigations Archaeological Investigations ESA Screening, ESA Phase I and II Right of Way Acquisition Services (Title Research, Value Analysis, Appraisal, Negotiations, Closing). Other

R/W Acquisition prequalification disciplines may be required if appropriate.

Environmental Document Preparation-CE

As applicable to work produced under this agreement, the selected Proposer shall adhere to the most current versions of ODOT Reference Materials, including but not limited to: Construction & Materials Specifications January 2016, Location and Design Manual Volume 2 January 2017, Waterway Permits Manual 2017, Ecological

Manual 2014 and technical guidance(s), ODOT NEPA Assignment Categorical Exclusion Guidance January 2016, and applicable OES and Office of Real Estate manuals and policies/procedures. The selected Proposer shall also adhere to all other applicable guidelines and Federal and State Regulations and Laws, including but not limited to the National Environmental Policy Act, Uniform Act, and all laws and regulations governed by the United States Army Corps of Engineers, Ohio Environmental Protection Agency, United States Fish and Wildlife Service, Ohio Department of Natural Resources, United States Coast Guard, Federal Emergency Management Agency, and the National Parks Service.

The selected Proposer shall perform the services listed above at the direction of the Administrator of ODOT’s Office of Environmental Services, the Assistant Environmental Administrator of the Ecological/Waterway Permits/ESA Section in ODOT’s Office of Environmental Services and/or their designee.

For the above Scope of Services, the following will apply:

The duration of any resulting contract will be three (3) years from the date an agreement is fully executed.

Long term management and preservation of any property will extend indefinitely.

ODOT shall select one Proposer from the proposals received. Following selection, the Proposer will provide the contracted services under that agreement for an amount not to exceed $5,000,000.

CONTRACT DURATION

The contract period for any resulting agreement will be for three (3) years from the date the contract is fully executed. Long term management and preservation of any property will extend indefinitely.

PRELIMINARY TIMELINE

The following is a preliminary timeline for the procurement of services. These dates are subject to change at ODOT’s discretion and as agreed upon by the winning proposer in the final project contract document.

1. April 28, 2017 – Issuance and Advertisement of RFP

2. June 15, 2017- Deadline to submit proposal inquiries

3. June 20, 2017– Proposal Due Date (2:00pm deadline)

4. June 21, 2017 through July 7, 2017 – Committee Scoring and Selection/Announcement of Highest Scoring

Proposer.

5. July 10, 2017 through July 28, 2017 – Negotiations with selected Proposers

6. July 31, 2017 – Execution of Mitigation Services Contracts

PROPOSAL DELIVERY

Sealed submissions for this Request for Proposal will be received until 2:00 pm Eastern Time on Tuesday, June 20, 2017 at the following location:

Ohio Department of Transportation Office of Contract Sales, Purchasing Services, 1st floor 1980 W. Broad Street – Mail Stop 4110 Columbus, OH 43223

No proposals will be accepted after the time specified. No facsimile or electronic transmissions will be accepted. ODOT reserves the right to reject any or all proposals.

Timely receipt of proposals will be determined by the date and time the proposal is received at the address specified above. Receipt of proposals in the ODOT Mail Room or any other ODOT office shall not be considered timely. Hand delivery is highly encouraged to ensure timely receipt. Proposals received by Purchasing Services after the deadline will be returned unopened back to the sender and will NOT be considered for evaluation.

All materials submitted in accordance with this solicitation become the property of the State of Ohio and shall not be returned. All materials submitted in accordance with this solicitation shall remain confidential until a contract is executed with the selected Proposer at which time all submitted information becomes a part of the public record.

The submitted materials shall be properly labeled on the outside of the envelope or box with the following specifics. If the materials do not contain the following listings, ODOT may reject the proposal.

RFP No. 516-18 Western Management Unit (WMU) Bat Conservation [Your Business Name]

PROPOSAL INQUIRIES

Pre-proposal questions must be received no later than the close of business the Thursday prior to the scheduled opening date. An addendum being issued is dependent upon the information received and the impact on the competitive bidding process.

All pre-proposal inquiries must have the following: Name of the Sender, Contractor or Company Name, Phone Number, Project Number, Letting Date, a detailed description of the question.

Proposers are NOT to contact any other ODOT office, including District offices, for responses to pre-bid questions.

Department responses will be posted to the following website:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc

Proposal Inquiries may be submitted at this link:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ.aspx

Based upon the content of any received questions/clarifications, proposal requirements may, solely at the discretion of ODOT, be modified, changed or deleted. Any such changes to this RFP will be communicated by addendum and published to the ODOT website at the following URL:

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RF P.aspx

NOTE: YOU MUST INCLUDE COPIES OF ALL ISSUED ADDENDA IN YOUR SUBMITTED PROPOSAL

PACKAGE AS ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES.

PROPOSAL CONTENT REQUIREMENTS

Any content received in a proposal shall, at the discretion of ODOT, be included in the final contract with the selected Proposer. Proposals should include information outlined in the requirements listed below.

Proposal Length:

The proposal packet should be no more than 25 pages of paper (8.5” x 11”) that can be printed on both sides, 12 point font (minimum). Up to 10 pages can be 11”x17” for figures and will not count towards the 25 page limit. A title page should at a minimum indicate the RFP number and name, Proposer organization name, date, and project manager contact information.

Proposers are required to include in their completed proposal packages:

1. (1) Original copy of the Proposal with original signature page and any issued addenda (must be clearly marked as the original) http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQ-Answers.doc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx

2. (5) Copies of the Proposal for Scoring Committee members (must be clearly marked as COPY somewhere on the cover)

3. (1) copy of company financial statements

4. (1) Electronic copy of the Proposal package (.pdf format)

5. (1) Electronic, redacted copy of the Proposal that has removed any proprietary information and/or trade secrets. The ODOT shall not be held responsible for information released to any party when providing this redacted file in accordance with Ohio Public Records Laws. (.pdf format)

Electronic copies must be submitted on either a CD, DVD, or FlashDrive.

NOTE: For ease of evaluation, all Proposals should be compiled and formatted as to clearly outline EACH of the following nine (9) sections below. The use of tabs is required so as to clearly outline each one of the nine sections of your Proposal. Failure to submit information for all nine (9) sections shall render a Proposal non-responsive and ineligible for scoring and potential award.

Proposers must provide, at a minimum, the following sections within their submitted project proposals. In addition, a one page summary of the below sections must be provided.

1. Project Approach

a. Proposed approach to delivering the WMU Bat Conservation Project as outlined in the Project Specifications and Criteria section of this RFP.

b. Past Performance and Experience Natural Resource Mitigation Services: Proposer (as a company or as individuals) should have implemented and managed services substantially similar to the proposed mitigation services requested. Describe Proposers’ experience in providing similar services to publically or privately owned companies or other state or federal agencies. For projects of a comparable nature, provide examples of projects in progress or completed since 2007 that may include any of the following:

i. Examples of implementing similar type services, either public or private.

ii. Examples of successful project completion emphasizing the ability to meet project timelines.

c. Proposers must demonstrate its experience in managing, developing and operating the type and style of services that are outlined herein. The qualifications and experience of Proposers’ key personnel must be described. The following information must be presented for all key personnel according to their respective roles in the project:

i. Resume/CV

ii. Relevant Experience

1. Experience and past experience providing natural resource mitigation services.

This experience should be focused to endangered species mitigation/conservation projects, but can include stream and/or wetland mitigation projects

2. Experience and past performance in implementing, managing and/or operating natural resource mitigation full delivery services with similar agencies to ODOT

3. Experience with assessing, designing, and restoring (and related activities) natural resource features

4. Availability and commitment to work on this service

d. Long-term Legal Protection and Management: Proposers should provide an outline in as much detail as possible how any proposed mitigation area(s) as appropriate will be legally and physically protected and managed in perpetuity.

e. References (Contract Related) - Proposers must provide at least three references for the project team that may be called upon to obtain first-hand information to assist ODOT in its evaluation.

Include the name of the organization as well as the name, address, e-mail address, and telephone number of a contact person.

2. Cost Approach

a. Proposed approach to delivering the WMU Bat Conservation Project as outlined in the Project Specifications and Criteria section of this RFP.

i. As stated in the Intent and Scope and the Project Specifications and Criteria Sections of this RFP, the minimum requirement is 500 acres of property meeting the BCA selection criteria, however, the overall goal is to maximize the $5,000,000 to provide as much qualified acreage of BCA property as possible.

b. Total not-to-exceed cost for entire contract = $5,000,000

c. Proposers will be judged in part on their ability to minimize costs while maximizing acreage of property protected meeting the BCA Selection Criteria.

d. Consideration should be given to demonstrating how the project/properties could provide other additional value to ODOT, such as stream, wetland, or non-bat endangered species mitigation.

e. Proposers must demonstrate the ability to conduct full cost accounting and to provide detailed cost accounting in the submitted invoices.

3. Organizational Structure

a. Description of Organization: ODOT desires to understand the ownership and organizational structure of the principal organization pertinent to this opportunity, and also gain an insight into the proposed business operation. The organizational structure must be described, identifying the entity that would enter as the Proposer into any contract with ODOT. An organizational chart should be developed in sufficient detail to indicate a chain of executive authority from the president or comparable chief executive down through the person who will be directly responsible for project delivery and contract adherence. Identify the individuals occupying the positions shown and state the length of experience of officers and key executives in their respective fields as presented in the organizational chart. Resumes are to be included for those principals and key personnel who will be assigned and involved in managing, directing or supervising the work as presently contemplated.

b. Proposers must possess the necessary credentials to conduct business in Ohio. Proposers with out-of-state headquarters or corporations not incorporated in Ohio must include with their proposal a copy of their registration to do business in Ohio. If the project will be conducted under a joint venture arrangement, each party to the venture must be identified and the roles that each will have in the development and/or operation must be described. Letters of agreement to participate in the joint venture as well as the percentage of participation must be submitted from each of the joint venture partners.

4. Mitigation Location, Amount, and Type

a. The proposer must demonstrate the ability to provide and deliver the WMU Bat Conservation Project as outlined in the Project Specifications and Criteria section of this RFP.

b. Proposer must demonstrate the ability to secure properties meeting the BCA Selection Criteria.

c. Proposer must demonstrate the ability to secure a minimum of 500 acres of property meeting the

BCA Selection Criteria.

d. Proposer should demonstrate the ability to utilize the funds available to maximize qualified BCA acreage.

e. Consideration should be given to demonstrating how the project/properties could provide other additional value to ODOT, such as stream, wetland, or non-bat endangered species mitigation.

5. Schedule

a. Proposers should demonstrate the ability to meet the schedule included in the Project Specifications and Criteria section of this RFP.

b. Proposers should demonstrate the ability and process/mechanism to track multiple tasks and deadlines to keep multiple projects on schedule and meeting expectations.

c. Proposers should demonstrate the ability to effectively and professionally interact with ODOT (or other large state/federal agencies) on large projects similar in nature.

d. Proposers should disclose any existing projects that team members may be concurrently working on while potentially performing work items pursuant to this RFP.

6. Financial Information (not included in the 25 page proposal limit)

a. References (Financial Related): Proposers must provide at least three business references for all organizations that will be principally involved in providing the services requested by this Request for Proposal. References may be called upon to discuss such matters related to financial strength, stability, credit history and general business reputation. Include the name of the organization as well as the name, address and telephone number of a contact person.

b. Financial Plan: Proposers must demonstrate its ability to finance or obtain financing from credible sources to undertake and successfully complete the planning, implementation, operation and management of this agreement. If Proposers intend to finance any portion of the project through a lender, the response should indicate the potential lender and expected terms and conditions.

c. Financial Statements (all participating companies): Proposers shall furnish complete audited or reviewed financial statements for the two most recent operating years, including 10K statements, if prepared. Financial statements should include income statements, balance sheets and cash flow statements, along with accompanying notes. This information is required for each participant company comprising the principal organization. Companies should also furnish a review of the operations of the business for the two most recent operating years or annual reports to owners or stockholders. ODOT recognizes the sensitive nature of the financial information requested. Such information will be used solely by ODOT for the purpose of evaluation and will be kept confidential to the extent allowed by Ohio law.

PLEASE NOTE: Only one copy of company financial statements are needed. This copy must be included in the proposal marked as the ORIGINAL.

7. Legal Actions (not included in the 25 page proposal limit)

Proposers must list a brief description of all legal actions for the past three (3) years in which any participating company has been involved, including but not limited to:

A debtor in bankruptcy; or Circumstances surrounding any contract defaults; or A defendant in a lawsuit for deficient performance under a contract; or A respondent in an administrative action for deficient performance on a project; or A defendant in a criminal action; or A principal in any action taken against an insurance or bonding company.

8. Exceptions/Deviations (not included in the 25 page proposal limit)

Proposers shall make apparent in their submitted proposal any exceptions and/or deviations to any of the content included in this Request for Proposal. Any exceptions or deviations taken must contain sufficient amplification and justification to permit evaluation.

An exception to specific items or provisions of this RFP implies that the Proposers cannot or does not intend to meet the requirements of that item or provision. An alternative to that item or provision shall be included in the proposal and the impact, if any, of the exception shall be reflected in proposal pricing considerations. Proposers are advised that proposals could be rejected as non-responsive depending on the exception taken and the Department’s willingness to revise certain requirements.

A deviation from a specific item or provision in this RFP is a suggested change that, in the Proposer’s opinion, would enhance its ability to perform the work and/or would provide a benefit to ODOT. Each proposed deviation shall be noted in the appropriate section of the proposal and shall adequately and concisely describe its advantages and/or reasons for proposal.

9. Signature Page and Addenda (not included in the 25 page proposal limit)

Proposers shall submit with their completed proposals a signed signature page as well as a hard copy of any addenda issued. Failure to submit an executed signature page and any issued addenda shall render a proposal non-responsive and ineligible for award. There shall be no exceptions given to this requirement.

EVALUATION CRITERIA

The award will be made to the Proposer proposing the best quality and value to ODOT. The selection committee will use the following factors weighted as shown:

1. Project Approach – 35%

a. Quality, completeness, and comprehensiveness of the proposed plan to provide and deliver the WMU Bat Conservation Project outlined in the Project Specifications and Criteria section of this

RFP.

b. Clear identification of all components of the team including prime and all subconsultants/contractors, including responsibilities/subject matter coverage of all team members.

c. As ODOT encourages the inclusion of Ohio based firms, responding Proposers should identify Ohio-based firms and entities whom they expect to utilize in the performance of this contract.

d. Long-term Protection and Management: Proposer should provide and outline in as much detail as possible how potential BCAs will be legally and physically protected and managed in perpetuity.

2. Project Manager 15%

a. Experience of the Proposer’s project manager

i. Experience related to the specific assignment under consideration

1. Experience managing large natural resource mitigation projects

2. Experience demonstrating the ability to interact with ODOT (or other large state/federal agencies) on large projects similar in nature

3. Experience with large natural resource mitigation projects in Ohio

3. Experience/Organizational Structure/Company Financials - 25%

a. Experience of key personnel, including the extent and relevance of qualifications and experience related to the specific assignment under consideration.

b. Experience of the Project Manager with ODOT, mitigation task management, and mitigation full delivery.

c. Staffing configurations and other documentation to support team credentials and performance.

d. Does the Proposer have the financial capacity to successfully complete this project?

e. Projects of a comparable nature completed successfully by the Proposer, and team members involved;

f. Evidence showing that the Proposer has the expertise to complete the work under this contract successfully.

g. Additional consideration will be given to Proposers with public agency experience.

4. Cost Approach and Overall Value to ODOT– 25%

a. Value of Proposer’s cost approach. Proposer should offer ways to minimize costs and provide added value to the mitigation services provided.

b. Demonstration of how the proposer can exceed the minimum required acreage and/or provide additional value by including/providing other mitigation types or environmental benefits to ODOT.

c. Reasonableness, feasibility and benefits of any exceptions or deviations submitted by the Proposer to the stated business terms of the RFP and/or the future Contract.

BASIS OF AWARD

Once the proposals are received, the Scoring Committee shall rank all responsive Proposers. ODOT will use the criteria identified in the Evaluation Criteria section and any other applicable sections, such as exceptions and deviations submitted, within this RFP to rank Proposers. This ranking shall be done by a team of ODOT employees, USFWS, and ODNR (ODOT liaison). ODOT plans to provide a contract to the single highest ranking Proposer. If ODOT is unable to reach an agreement with the highest ranked Proposer, ODOT will begin contract negotiations with the next highest ranked Proposer. This process will continue until ODOT is capable of successfully executing a contract to complete this work.

Any agreement resulting from the award of this RFP will incorporate the content and terms of this RFP, the content of the winning proposal, and as well as any additional supplemental terms of the final executed agreement.

ADDITIONAL INFORMATION

ODOT reserves the right to request additional information which, in ODOT’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, relevant experience, and financial resources is adequate to perform according to the contract that will be executed as a result of this RFP. ODOT may make such investigations as it deems necessary to determine the ability of the Proposer to perform the work, and the Proposer shall furnish to ODOT all such information and data for this purpose as requested by ODOT.

ODOT reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Proposer fails to satisfy ODOT that such Proposer is properly qualified to carry out the obligations of, and to complete the work specified in, the contract that will be executed as a result of this RFP.

REAL ESTATE ACQUISITION

Acquisition will be subject to appropriate Proposer due diligence (including title examination, environmental assessment, etc.) and internal organizational approvals, and the selected Proposer has sole discretion on whether or not to acquire any particular property; provided, however, that properties that have severed interests with respect to mineral rights, oil/gas leases, timber rights, or similar, should not be acquired unless otherwise approved by ODOT. The selected Proposer shall also follow the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, using the exception procedure as applied to “Acquisitions for programs or projects undertaken by an Agency or person that receives Federal financial assistance but does not have authority to acquire property by eminent domain” under 49 CFR 24.101(b)(2) unless waived by the federal agency.

Specifically, 49 CFR 24.101(b)(2) will require selected Proposer to (i) Prior to making an offer for the property, clearly advise the owner that it is unable to acquire the property if negotiations fail to result in an agreement; and (ii) Inform the owner in writing of what it believes to be the market value of the property. Any tenants that must move as a result of any acquisition are considered displaced and must be afforded all relocation benefits allowable under 49 CFR Part 24. Any payments for relocation benefits would be the responsibility of the proposer. Record keeping and reports will be required per 49 CFR 24.9. NEPA documentation of properties to be purchased will be completed by the selected Proposer into ODOT’s Environet system. The selected Proposer shall also be required to create, retain, and make publicly accessible all documentation required under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

LONG TERM PROPERTY MANAGEMENT AND PROTECTION

Unless otherwise directed by ODOT, the selected Proposer will be responsible for the long term protection and management of any properties that are purchased under any resulting agreement. ODOT shall be named in the legal protection instruments and management plans as an interested party allowing us to be notified upon any conveyance of the legal protection instrument or management plan. The Proposer shall provide all financial and material support to keep the sites in the natural conditions stipulated in the RFP, permits, or other rules, regulations, policies and/or guidance documents in perpetuity. The long term manager of the sites is not required to be the Proposer.

All of the acquired properties shall be subject to perpetual conservation restrictions in a recorded legal protection instrument. Conservation restrictions may include, but are not limited to, a conservation easement, deed restriction, or dedication as a state nature preserve. The selected proposers shall submit all legal protection instruments to ODOT for review and approval prior to recording of the instrument(s).

Each property shall also be subject to a long-term management plan approved by ODOT. The long-term manager shall be responsible for compliance with the management plan beginning from the date of recording of the protection instrument and will provide reports detailing compliance with the plan and restrictions to ODOT upon request by ODOT.

As part of any given project developed under this contract, the selected Proposers should set aside funding for long-term management and monitoring of each property. The selected Proposers may elect to be the long-term manager of all or any of the properties, or it may transfer management obligations to another party subject to the approval of ODOT. ODOT will not obtain or retain ownership interests of any properties, nor will ODOT have any long-term management obligations. ODOT may request at any time that the long-term manager, whether it be the selected Proposers or delegate, provide documentation of compliance with the perpetual restrictions on property or properties providing the mitigation.

Transfer of Properties – The selected Proposers may plan to own and manage the mitigation property(ies), but may transfer all or part of the properties to the Ohio Department of Natural Resources, other federal, state or local agencies, or non-profit conservation organizations. Transfers will be made without charge for any value of the parcels, unless otherwise approved by ODOT. Transfer of the properties to any other party is subject to ODOT’s prior written approval. Any transfer of the properties would be expressly subject to the recorded legal protection instrument or other approved approaches compatible with the intent of the project.

It is understood that there may be property purchased in excess of that required to meet the needs of the mitigation project. This is because the sizes of property parcels are variable, and land use patterns may result in some areas not considered as part of the mitigation. ODOT will retain the conservation/mitigation rights to any excess acreage purchased with funds from this project.

GENERAL LIABILITY INSURANCE REQUIREMENTS

The provider of statewide natural resource mitigation services shall maintain throughout the duration of the agreement a commercial general liability insurance policy of no less than a general aggregate limit of $2,000,000.

Proof of insurance shall be provided in full detail to ODOT clearly demonstrating the Proposer’s coverage.

WORKERS’ COMPENSATION INSURANCE

The selected Proposer through the performance of this agreement must comply with all provisions of the laws and rules of the Ohio Bureau of Workers’ Compensation covering all operations under Contract with the Department whether performed by it or its subcontractors.

LEGAL REPRESENTATION

The provider of mitigation services for Statewide Natural Resources Mitigation shall be financially responsible for their own legal representation. The State of Ohio will provide its own legal representation, if necessary, for any suits or actions against the State of Ohio or the Department.

INVOICING AND FINANCIAL ACCOUNTING

The selected Proposers’ Project Manager shall invoice ODOT for services provided, using a standardized form in the contract that results from this RFP. Invoices shall be received by ODOT by the timeline/milestones/deliverables developed in the task specific contract. Invoices shall show type, price per unit, and quantity of mitigation units provided and/or the hours/rates/overhead/materials per the provided task. The Proposer shall utilize standard accepted accounting practices. ODOT reserves the right to perform an audit of the program at any time.

Proposers shall provide any requested information should an audit be performed.

CHANGE IN TEAM AFTER CONTRACT EXECUTION

In awarding this RFP to a Proposer, the ODOT has determined that the Proposer’s submitted team members constitute a group of highly qualified individuals that exhibit the expertise to execute all tasks required herein and in the resulting contract. Consequently, the Proposer shall not make any changes to their team without first obtaining approval by the ODOT in writing. ODOT reserves the right to reject any team changes if in the opinion of the Department the Proposer’s change(s) could negatively impact the quality of work performed. Work completed by team members that had not been pre-approved by ODOT may not be reimbursed by ODOT.

PERMITS, LICENSES, AND TAXES

Selected Proposers will be expected to procure all permits, approvals, clearances and licenses (for example, 404 and 401 permits, floodplain permits, cultural clearances, environmental site assessments, threatened and endangered species clearances, etc.); pay all charges, fees, and taxes; and provide all notices necessary and incidental to the due and lawful prosecution of the Work. The ODOT shall not be liable for any taxes under any resulting agreement.

PREVAILING WAGES (STATE OR FEDERAL)

Projects will require either the payment of State or Federal prevailing wages. The of the total of the basic hourly rates plus the fringe benefits payments for each classification in accordance with the following regulations which by reference are made part of any resulting contract:

1. The U.S. Department of Labor Regulations, Title 29, Subtitle A, Part 5, Sections 5.5, 5.31, and 5.32, most recent revision at contract execution.

2. Form FHWA-1273 (most recent revision at contract execution) Part IV. Payment of Predetermined Minimum Wage and Part V. Statements and Payrolls.

Federal Wage rates are set by the United States Department of Labor and may be accessed at the following website: www.wdol.gov/dba.aspx

The failure to pay prevailing wages to all laborers and mechanics employed on this project, shall be considered a breach of contract. Such a failure may result in the termination of the contract and potential debarment.

Please be aware that it is ultimately the responsibility of the winning Proposer to ensure that all laws relating to prevailing wages in the USDOL Regulations, Title 29, parts 1 and 5, are strictly adhered to by all subcontractors on the project.

The Department shall reserve the right to request, at any time, payroll records to verify the payment of prevailing wages. When requested to do so, payroll records must be submitted back to the Department within three (3) calendar days.

The winning Proposer and all subcontractors shall pay all wages and fringe benefits by company check. All payroll records and canceled pay checks shall be maintained for at least three years after the final approval and release of mitigation from resource agencies.

RFP GENERAL DEFINITIONS

When used in this Request for Proposal or any ensuing agreement, the following definitions shall apply. If a conflict exists between these definitions and any definition listed in the proposal specifications, the proposal specifications shall prevail.

AGENCY: Ohio Department of Transportation.

CONTRACT: Also referred to as the "Agreement." All documents, whether attached as an Exhibit or incorporated by reference, to form a mutual covenant between the Agency and the Vendor for services to be performed in accordance with the specifications outlined in this Request for Proposal.

DEPARTMENT: Ohio Department of Transportation INVOICE: An itemized listing showing delivery of the commodity or performance of the service described in the order, and the date of the purchase or rendering of the service, or an itemization of the things done, material supplied, or labor furnished, and the sum due pursuant to the contract or obligation.

MATERIALS: Items or substance of an expendable or non-expendable nature from which something can be made, improved or repaired.

PROPOSER: Also referred to as the "Offeror." The company and/or authorized representative of the company who has signed and is submitting the signed proposal response and who will be responsible to ensure proper performance of the contract awarded pursuant to the proposal.

http://www.wdol.gov/dba.aspx

PURCHASE: To buy, purchase, installment purchase, rent, lease, lease purchase or otherwise acquire land, equipment, materials, supplies or services. “Purchase” also includes all functions that pertain to obtaining of equipment, materials, supplies or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration.

REQUEST FOR PROPOSAL: All documents, whether attached or incorporated by reference, utilized for soliciting proposals.

SERVICES: The furnishing of labor, time or effort by a person, not involving the delivery of a specific end product other than a report which, if provided, is merely incidental to the required performance. “Services” does not include services furnished pursuant to employment agreements or collective bargaining agreements.

SPECIFICATION: Any description of the physical or functional characteristics or of the nature of supplies, equipment, service, or insurance. It may include a description of any requirements for inspecting, testing, or preparing supplies, equipment, services, or insurance.

SUBVENDOR: Also referred to as the "Subcontractor." An individual, firm or corporation to whom the Vendor sublets part of the contract to be performed.

SUPPLIES: Provisions and items normally considered expendable or consumable.

VENDOR: Also referred to as the "Program Manager." The Proposer who, upon awarding of a contract, becomes the prime Vendor who is considered to be the primary source for providing the goods or services listed in the awarded contract and the party to whom payment will be made upon delivery of the goods and/or completion of the contract.

RFP GENERAL TERMS AND CONDITIONS

A. All expenses incurred by Offeror in responding to this RFP shall be borne by Offeror. In no event shall ODOT be responsible for any such expenses.

B. Addenda may be issued in response to changes in the RFP. Addenda must be acknowledged in a cover letter attached to the response. Failure to properly acknowledge any Addenda may result in a declaration of non-responsiveness by ODOT.

C. In order to protect the integrity of the RFP process, proposals shall not be prepared, completed or altered on ODOT premises.