592-22.pdf

Invitation No. 592-22

Invitation No.: 592-22 Location: Central Office Commodity: Statewide Mitigation Credit Service Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/592pricing.xlsx

REQUEST FOR PROPOSAL (RFP)

State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services

Jack Marchbanks, Ph. D., Director

Bid Submission Deadline (Bid Opening Date):

May 13, 2021 at 1:00 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 Bid Packages To:

contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS

PROCUREMENT 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/592pricing.xls mailto:contracts.purchasing@dot.ohio.gov

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

Send multiple emails as needed to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

Zip files CANNOT be sent.

OVERVIEW

The Ohio Department of Transportation (ODOT) Office of Environmental Services (OES) provides ODOT with comprehensive environmental compliance management. Within that duty, on occasion natural resources affected by ODOT projects must be mitigated. In order to reduce cost, streamline delivery, and improve the ecological outcomes of these mitigations, ODOT is issuing this Request for Proposals (RFP) to solicit proposals to obtain two (2) full-service mitigation vendors to provide Statewide Natural Resource Mitigation Services. The intent of the request for proposal is to identify and select two independent proposers to provide full delivery of environmental mitigation/conservation for stream, wetland, endangered species, mitigation credits and/or other natural resource mitigation services. The two winning proposers may be required to perform partial or full delivery of various mitigation services including locating, assessing, 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 and existing mitigation land with interests held by ODOT. Specific work items will be developed under this agreement based on the outline of this proposal.

The Proposer shall also adhere to all applicable guidelines and Federal and State Acts, Regulations, and Laws. This can include but is not limited to 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, Federal Highway Administration, and the National Parks Service.

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

SCOPE OF WORK & SPECIFICATIONS OF DELIVERABLES

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

• Development, creation, and delivery of natural resource mitigation in any form up to a value of $2 million per selected Proposer

• GIS Activities, including application, design, implementation and analysis of geographic information

• Ecological literature search, including mapping

• Ecological Survey Report creation

• Wetland Determination and/or delineation/mapping

• Stream Determination and/or delineation/assessment/mapping

• Ecological Inventories of mitigation sites, including mapping

• Cultural resource investigations

• Regulated Materials Review

• Endangered species surveys and/or reports

• Preparation of waterway permit applications per ODOT Waterways Permits Manual (404, 401, isolated wetland, ephemeral stream, etc.)

• Performance of and collection of data using Ohio EPA approved assessment methods (ORAM) and/or other assessments on wetlands

• Performance of and collection of data using Ohio EPA approved assessment methods Qualitative Habitat Evaluation Index (QHEI), Headwater Habitat Evaluation Index (HHEI), and/or other assessments on streams

• Performance of and collection of data using Ohio EPA’s Index of Biotic Integrity (IBI) and Invertebrate Community Index (ICI) on streams

• Performance of and Collection of Data using Ohio EPA’s Vegetative Index of Biotic Integrity (VIBI), Amphibian Index of Biotic Integrity (AmphIBI) on wetlands

• Waterway permit applications

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

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

• Baseline Documentation Reports (BDRs) for mitigation sites

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

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

• Other environmental studies

• Geophysical Survey including hydrologic studies

• Surveying Services – property boundary survey, easement survey, property boundary marking, and related

• Right of Way Plan Development Services

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

• Engineering, hydraulic analysis/modeling, design, creation, construction, restoration, enhancement, and protection of mitigation areas including but not limited to:

wetland; vernal pools; streams; riparian areas; threatened and endangered species habitat

• Legal protection of real property in perpetuity

• Long term land/resource management and protection

• Compliance inspection of mitigation sites

• 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.

• Restoration plans, construction, oversight, and monitoring for potential compliance issues

• 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.

• All tasks to complete the delivery of approved and functioning mitigation credits

• Design and implementation of Best Management Practices, including stormwater controls during and after construction, as appropriate.

ADDITIONAL CONSIDERATIONS:

• All work shall be performed on an actual cost basis. The consultant shall maintain a project cost accounting system that will segregate costs for credit and service delivery as detailed below.

• The duration of the contract will be years (5) years from the date the resulting agreement is signed or until the agreement’s funding has been depleted. Individual tasks developed within the overall contract will have project specific timeframes. Long term management and preservation of property will extend indefinitely.

• ODOT shall select two Proposers (or joint ventures, if applicable) from the proposals received. Following selection, each selected Proposer will provide the contracted services under that agreement for an amount not to exceed $2,000,000. The two selected Proposers will function independently of each other under separate contracts.

• The selected proposers will be fully responsible for the development and delivery of mitigation credits and services. This includes negotiations and approvals of credits with regulatory agencies as applicable.

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

ADHERANCE TO LAW AND APPLICABLE STANDARDS

As applicable to work produced under this agreement, the selected Proposers shall adhere to the most current versions of ODOT Reference Materials, including but not limited to:

Construction & Materials Specifications, Location and Design Manual Volume 2, Waterway Permits Manual, Ecological Manual, Categorical Exclusion Guidance, NEPA Assignment MOU, and applicable OES and Office of Real Estate manuals and policies/procedures. The two selected Proposers 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, 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, Federal Highway Administration, and the National Parks Service.

REAL ESTATE ACQUISITION

Real estate 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. 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 online CE 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 and allowed to limit or stop if changes to the legal protection instrument are attempted. The Proposer shall provide all financial and material support to keep the sites in the natural conditions stipulated in the RFW, 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 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). All protection instruments shall be signed by ODOT and the selected Proposers or qualified third-party easement holder.

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.

EXCESS MITIGATION CREDITS AND OR POTENTIAL

It is understood that, in order to meet the requirements of any given project developed under any resulting contract, 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 (above the required amount) purchased with funds from this project.

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.

WORK TASK DEVELOPMENT AND INITIATION

The selected proposers will be available under the negotiated contracts to provide the services described herein. The undertaking of specific work actions under the contract will be initiated through simple subcontracts, or amendments, to the resulting agreement. The subcontracts will include these general contract requirements in addition to project or task specific requirements. The initiation and undertaking of specific tasks under the contract will occur as follows:

1. Via a signed letter, ODOT will submit a Request for Work (RFW) under this agreement to the proposer’s

Project Manager. The letter will include:

a. a detailed task description including tasks needing to be completed, project location or boundaries, timeline, and as required, other project specific requirements including reporting/documentation/etc.

b. project timeline including the deadline to respond to the RFW

c. timeline for response to the RFW

d. request for a scope and cost proposal for the identified tasks

2. The Proposer Project Manager will respond in the timeline outlined in the RFW and provide:

a. Description of the project approach to complete the task(s)

b. A detailed cost proposal including:

c. Cost per unit of mitigation requested (if applicable)

d. If not a unit of mitigation, a cost breakdown for the services requested and to be provided.

i. For example, the task may be to reduce invasive species in a mitigation area to the required performance standards. The cost breakdown to achieve that will include the hours, rate per hour, overhead, materials, etc. Another example would be a task requiring a particular length of stream mitigation. The cost breakdown would include the cost per linear foot.

e. Contingency costs for site specific variables

f. Proposed invoicing schedule

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. Having said that, 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 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 Proposers to ensure that all laws relating to prevailing wages in the USDOL Regulations, Title 29, parts 1 and 5, are strictly adhered to by themselves and 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 Proposers 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.

For the Scope of Work, the following will apply:

• All work shall be performed on an actual cost basis. The consultant shall maintain a project cost accounting system that will segregate costs for credit and service delivery as detailed below.

• The duration of the contract will be years (5) years from the date the resulting agreement is signed or until the agreement’s funding has been depleted. Individual tasks developed within the overall contract will have project specific timeframes. Long term management and preservation of property will extend indefinitely.

• ODOT shall select two Proposers (or joint ventures, if applicable) from the proposals received. Following selection, each selected Proposer will provide the contracted services under that agreement for an amount not to exceed $2,000,000. The two selected Proposers will function independently of each other under separate contracts.

The selected proposers will be fully responsible for the development and delivery of mitigation credits and services. This includes negotiations and approvals of credits with regulatory agencies as applicable.

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

The proposal must meet all the following Phase I proposal acceptance criteria in order to be considered for further evaluation. Any proposal receiving a “no” response to any of the following qualifying criteria shall be disqualified from consideration.

SPECIFICATION OF DELIVERABLES

Mitigation should be ecologically appropriate and provide an overall watershed benefit and/or ecological lift.

The proposed and delivered mitigation should be well justified within the parameters established in the USEPA/USACE 2008 Mitigation Rule, and/or rules in affect at the time of the credit creation, and clearly indicate the full delivery permittee responsible mitigation is ecologically justified. Mitigation must meet or exceed the requested quantity and all performance criteria established by the regulatory agencies and or ODOT. Permittee responsible mitigation should be at or below the cost for a similar credit or ILF purchase.

Permittee responsibly mitigation should provide an ecological lift at or above the similar credit or ILF purchase.

VENDOR QUALIFICATIONS AND EXPERIENCE, SUBMITTAL REQUIREMENTS, AND EVALUATION CRITERIA

Mandatory Experience Requirements – vendors MUST meet, at minimum, ALL of the following qualification requirements:

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

• RMR Screening, Assessment, Investigation

• 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

The proposer must have at least 10 years of experience successfully delivering a variety of natural resource mitigation types in Ohio.

Vendors who do not meet ALL the experience and qualifications will be disqualified from further consideration for contract award

Staff Experience and Capabilities

• Identified staff, by name and position, who are considered key to the project/program’s success

• Resumes/curriculum vitae of those key staff that describe appropriate education, experience and expertise needed for the project/program

Sensitive Personal Information: It is the sole responsibility of the vendor submitting a proposal to remove all personal confidential information (such as home addresses and social security numbers) of vendor staff and/or of any subcontractor and subcontractor staff from resumes or any other part of the proposal package. Following submission to ODOT, all proposals submitted may become part of the public record. ODOT reserves the right to disqualify any vendor whose proposal is found to contain such prohibited personal information.

Proposal Submittal Requirements

A. Proposal Response

The RFP Proposal response must contain information on how the Proposer intends to perform the services outlined in the RFP. Omission of required information may render a Proposer ineligible, and incomplete responses may result in the loss of points. The selected Proposer will become the Vendor of record with ODOT. The State of Ohio is not responsible for legal agreements.

B. Delivery of Documents

1. The proposal should be in electronic .pdf format, no more than 25 pages (8.5” x 11”), 11-point font (minimum). Up to 10 pages can be 11”x17” for figures and will 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. Proposals should include:

a. (1) Electronic copy of signature page and any issued addenda

b. (1) Electronic copy of the Proposal

c. (1) Electronic copy of the cost proposal

d. (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.

2. Emailed submissions for this Request for Proposal will be received until 1:00PM eastern time on May 13th, 2021 to the following email address: contracts.purchasing@dot.ohio.gov

3. No proposals will be accepted after the date and time specified on this page. No hardcopy proposals will be accepted. ODOT reserves the right to reject any and all proposals. Timely receipt of proposals will be determined by the date and time the emailed proposal is received by the Office of Contracts. Receipt of proposals by any other mechanism other than email delivery to the Office of Contracts shall not be considered timely.

4. 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 Successful Proposer(s) are selected after Round 2 at which time all submitted information becomes part of the public record. 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 Successful Proposer(s) are selected after Round 2 at which time all submitted information becomes part of the public record.

C. Inquires 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/PBQAnswersdoc

Proposal Inquiries may be submitted at this link:

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

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/RFP.aspx

D. Proposal Content

It is the sole responsibility of the vendor submitting a proposal to remove all personal confidential information (such as home addresses and social security numbers) of vendor staff and/or of any subcontractor and subcontractor staff from resumes or any other part of the proposal package. Following submission to ODOT, all proposals submitted may become part of the public record. ODOT reserves the right to disqualify any vendor whose proposal is found to contain such prohibited personal information.

For ease of evaluation, all Proposals should be compiled and formatted as to clearly outline EACH of the following nine (9) sections below. Clearly identify and provide detail on 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.

1. Project Approach

a. Implementation/Management Plan mailto:contracts.purchasing@dot.ohio.gov http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Purchase/PBQAnswersdoc http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ.apx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Lists/PurchaseUpcomingITBs/RFP.aspx

i. The Proposer shall submit a statement of the Proposer’s understanding of the scope and his/her/their capabilities to perform the requirements of the RFP, along with a narrative of how the Proposer intends to implement and manage each of the tasks set forth in this RFP. Provide a technical description of the methodology anticipated in the performance of the services described above. Other good innovative and creative approaches to accomplish the goals of the contract will be given consideration and should also be included in this section.

b. Proposed approach to delivering statewide natural resource mitigation. The range of mitigation types should include full delivery Permittee Responsible, full delivery of IRT approved credits, and procurement of credits at existing Banks/ILF programs.

c. 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 publicly 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 2005 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 outlines.

d. 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

iii. Experience providing natural resource mitigation services. This experience should be focused on stream, wetland, and endangered species mitigation/conservation/restoration related projects.

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

v. Experience with assessing, designing, and restoring (and related activities) natural resource features associated with non-compliance projects

vi. Availability and commitment to work on this service

e. 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.

f. References (Contract Related) Proposers must provide at least three references for the project team that may be called upon to obtain firsthand 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 Proposal

a. The Proposer shall submit a SEPARATE Cost Proposal in the emailed response. Any proposal in which this Cost Proposal is not included will be considered non-responsive and the proposal will be rejected. The Proposer’s completed Cost Proposal shall become a part of the contract upon award of the contract.

The Cost Proposal shall be submitted in the Excel format. As a separate attachment from the proposal.

b. For full delivery mitigation tasks developed under this contract, proposers must demonstrate the ability to provide full delivery mitigation/conservation projects at costs below existing banks and or In-Lieu Fee programs in Ohio. This cost approach value can be represented in the proposal as:

i. a cost percentage below existing credit/fee structure.

ii. a statewide or watershed specific fee schedule by resource type.

c. Total not-to-exceed cost for entire contract = $2,000,000 per selected proposer.

d. Proposers will be judged in part on their ability to minimize costs while maximizing resource quality and quantity.

e. For full delivery natural resource mitigation efforts, 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.

c. The Proposer must provide the names and resumés of each individual that will be working on the RFP. Designate the individual who will be committed to ensuring performance of all tasks under the prospective contract (Project Manager). Provide a resumé and contact information for the Project Manager. Please provide a staffing plan the list any other professionals who will be given key responsibilities in fulfilling the requirements necessary to perform the services.

Provide supporting documentation, such as a resumé, for each individual summarizing their experience on similar assignments or projects. Each resumé must identify each employee with the years of service, educational background, the duties and responsibilities for that employer, and a phone number for a contact person. Identify each individual and the percent of time that each person would be assigned to each major task in the Scope of Services.

d. Project manager

i. Proposers should be led by an individual highly experienced with delivering a variety of mitigation types in Ohio.

4. Mitigation Location, Amount, and Type

a. The proposer must demonstrate the ability to provide statewide coverage of stream/wetland mitigation, endangered species conservation, compliance assistance, and related type work.

b. Individual tasks developed under the contract will provide project specific requirements for location, amount, and type.

c. Mitigation should be ecologically appropriate and provide an overall watershed benefit or ecological lift. The proposed and delivered mitigation should be well justified within the parameters established in the USEPA/USACE 2008 Mitigation Rule, and/or rules in affect at the time of the credit creation, and clearly indicate the full delivery permittee responsible mitigation is ecologically justified. Mitigation must meet or exceed the requested quantity and all performance criteria established by the regulatory agencies and or ODOT. Permittee responsible mitigation should be at or below the cost for a similar credit or ILF purchase.

Permittee responsibly mitigation should provide an ecological lift at or above the similar credit or ILF purchase.

d. Projects may require the development and delivery of single user (ODOT) IRT approved banks of mitigation credits.

e. Individual projects may require purchase of credits at approved banks/ILFs. The proposer must demonstrate the ability to provide approved bank and/or ILF credits on a case by case basis.

5. Schedule

a. Project specific schedules will be developed for individual tasks. Proposers should demonstrate the ability and process/mechanism to track multiple tasks and deadlines to keep multiple projects on schedule and meeting expectations. 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 is needed. This copy must be included in the proposal.

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

a. 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:

i. A debtor in bankruptcy; or

ii. Circumstances surrounding any contract defaults; or

iii. A defendant in a lawsuit for deficient performance under a contract; or

iv. A respondent in an administrative action for deficient performance on a project; or

v. A defendant in a criminal action; or

vi. A principal in any action taken against an insurance or bonding company.

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

a. 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.

b. 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 nonresponsive depending on the exception taken and the Department’s willingness to revise certain requirements.

c. 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)

a. Proposers shall submit with their completed proposals an original signed signature page included with a proposer’s response to this RFP. 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.

Additional Requirements

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.

Technical Proposal Score Sheet

Technical Proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT. For each of the evaluation criteria given in the score sheet, reviewers will collectively judge whether the technical proposal does not meet, partially meets, meets or exceeds each criterion, and assign the appropriate point value. The scoring is by consensus and one official score sheet will be completed for each technical proposal that is scored.

Criteria for Considering the Cost Proposal

The cost proposal will be reviewed by the PRT. The grand total of the vendor’s cost proposal will be divided by that vendor’s final technical proposal score. This compares the cost with the quality of the technical proposal, which will provide an average cost-per-quality point earned on the technical proposal.

ODOT may, at its sole discretion, negotiate with all technically qualifying vendors for a revised cost proposal.

Vendors may then: 1) Submit one last and best offer; 2) request that ODOT view its original cost proposal as its last and best offer; or 3) May formally withdraw from further consideration. The vendor shall formally indicate its choice according to directions provided by ODOT at that time. Upon receipt of all last and best offers, ODOT will then consider those vendors’ revised cost proposals.

PHASE I: Initial Qualifying Criteria

The proposal must meet all of the following Phase I proposal acceptance criteria in order to be considered for further evaluation. Any proposal receiving a “no” response to any of the following qualifying criteria shall be disqualified from consideration.

ITEM

PROPOSAL ACCEPTANCE CRITERIA YES NO

1 Was the vendor’s proposal received by the deadline as specified in the RFP?

2 Did the vendor submit a proposal comprised of a Technical Proposal and a separate Cost Proposal attachment?

3 Did the vendor submit proof they meet ALL prequalification’s (either by combination of the prime and sub-components of the Proposers’ team) as listed in Section 3.1

4 The proposer has at least 10 years of experience successfully delivering a variety of natural resource mitigation types in Ohio.

Criteria for Scoring of Technical Proposal

Qualifying technical proposals will be collectively scored by a Proposal Review Team (PRT) appointed by ODOT.

For each of the evaluation criteria given in the following score sheet, reviewers will collectively judge whether the technical proposal exceeds, meets, partially meets or does not meet the requirements expressed in the RFP, and assign the appropriate point value, as follows:

0 6 8 10 Does Not Meet Requirement

Partially Meets Requirement

Meets Requirement

Exceeds Requirement

Technical Performance Scoring Definitions:

“Does Not Meet Requirement”- A particular RFP requirement was not addressed in the vendor’s proposal, Score: 0

“Partially Meets Requirement”-Vendor proposal demonstrates some attempt at meeting a particular RFP requirement, but that attempt falls below acceptable level, Score: 6

“Meets Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, potentially with only minor, non-substantial deviation, Score: 8

“Exceeds Requirement”-Vendor proposal fulfills a particular RFP requirement in all material respects, and offers some additional level of quality in excess of ODOT expectations, Score: 10

ITEM

EVALUATION CRITERIA Weight Doesn’t Meet

Partially Meets

Meets

Exceeds

PROPOSED WORK PLAN

Project Approach

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

Includes a Mitigation Implementation Plan that provides a clear and robust process for developing and delivering:

ecologically appropriate mitigation watershed benefit and ecological lift schedule management cost containment long-term protection and management

Staff Experience

The vendor has provided the Project Manager experience related to the specific assignment under consideration (i.e. experience managing large natural resource mitigation projects)

The vendor has provided experience of key personnel, including the extent and relevance of qualifications and experience related to the specific assignment under consideration. The vendor has included staffing configurations and other documentation to support team credentials and performance. The vendors proposal demonstrates evidence showing that the Proposer has the expertise to complete the work under this contract successfully.

BUSINESS REQUIREMENTS

The vendor has included evidence they have the financial capacity to successfully complete this project?

The vendor has included projects of a comparable nature completed successfully by the Proposer, and team members involved;

Column Subtotal of "Partially Meets" points

Column Subtotal of "Meets" points

Column Subtotal of "Exceeds" points

GRAND TOTAL SCORE:

COST PROPOSAL POINTS

ODOT will use the information Offeror gives on the Cost Summary Form to calculate Cost Proposal Points. ODOT will calculate the Offeror’s Cost Proposal points after the Offeror’s total technical points are determined, using the following method:

Cost points = (lowest Offeror’s cost/Offeror’s cost) x Maximum Allowable Cost Points as indicated in the “Scoring Breakdown” table. The value is provided in the Scoring Breakdown table. “Cost” = Total identified in the Cost Summary section of Offeror’s Proposal. In this method, the lowest cost proposed will receive the maximum allowable points.

The number of points assigned to the cost evaluation will be prorated, with the lowest accepted Cost Proposal given the maximum number of points possible for this criterion. Other acceptable Cost Proposals will be scored as the ratio of the lowest Cost Proposal to the Proposal being scored, multiplied by the maximum number of points possible for this criterion.

An example for calculating cost points, where Maximum Allowable Cost Points Value = 60 points, is the scenario where Offeror X has proposed a cost of $100.00. Offeror Y has proposed a cost of $110.00 and Offeror Z has proposed a cost of $120.00. Offeror X, having the lowest cost, would get the maximum 60 cost points. Offeror Y’s cost points would be calculated as $100.00 (Offeror X’s cost) divided by $110.00 (Offeror Y’s cost) equals 0.909 times 60 maximum points, or a total of 54.5 points. Offeror Z’s cost points would be calculated as $100.00 (Offeror X’s cost) divided by $120.00 (Offeror Z’s cost) equals 0.833 times 60 maximum points, or a total of 50 points.

Cost Score:

FINAL STAGES OF EVALUATION The Offeror with the highest point total from all phases of the evaluation (Technical Points + Cost Points) will be recommended for the next phase of the evaluation.

Technical Score: + Cost Score: = Total Score:

If ODOT finds…