Master Bid Document

Master Bid Document
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
WI Dept. of Natural Resources
Attn: Richard M. Straub
PO Box 7921
Madison, WI 53703-7921
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for
# J-016-08
. Late bids will be rejected. Bids MUST be date and time stamped by the
soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time
stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute
receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not
being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e.,
not included with sample packages or other bids. Bid openings are public unless otherwise
specified. Records will be available for public inspection after issuance of the notice of intent to
award or the award of the contract. Bidder should contact person named below for an
appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date
of bid opening, unless otherwise noted. The attached terms and conditions apply to any
subsequent award.
Bids MUST be in this office no later than
11:00 AM CST, Friday, November 20, 2009
BIDDER (Name and Address)
Name (Contact for further information)
Richard M. Straub
(email address: [email protected])
(608) 261-6415
November 5, 2009
Quote Price and Delivery FOB
 Fax bids are accepted
and Unit
 Fax bids are not accepted
Per Unit
The WI DNR’s Bureau of Remediation & Redevelopment is
soliciting bids for a contractor to perform excavation and
transport of approx. 980 tons of petroleum contaminated
soils from the Payne property site in Seneca, WI to the
La Crosse County Landfill along with associated services
per the attached Specifications, Special Conditions of Bid,
Bidder Certifications, Bid Form, Standard Terms and
Conditions and Supplemental Standard Terms and
Conditions for Procurements for Services.
Note: Please complete, sign and return the following items:
this Request for Bid Form, Bid Price Sheet, Vendor
Information Form, Vendor Reference Form and written
response to the Bidder Certifications. Use the Bid Checklist
to ensure submission of complete bid.
Payment Terms
Special Note: Technical questions related to the
Specifications/Scope of Work may be directed to Dave
Rozeboom at (715) 421-7873.
Net 30
Delivery Time
Per Specifications
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder
must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor,
201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the
Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials
covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial
part in the United States.
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any
other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is
accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities
Social Security No. if Sole
Proprietor (Voluntary)
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
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Standard Terms And Conditions
(Request For Bids / Proposals)
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired. When alternates are
bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish
equivalency. The State of Wisconsin shall be the sole judge
of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates to the specifications which may result in
rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of
such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval
by the State of Wisconsin.
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
ACCEPTANCE-REJECTION: The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal
submitted, and to accept any part of a bid/proposal as
deemed to be in the best interests of the State of
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency. No other purchase orders are
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall
reflect these discounts.
Unit prices shown on the bid/proposal or contract
shall be the price per unit of sale (e.g., gal., cs.,
doz., ea.) as stated on the request or contract. For
any given item, the quantity multiplied by the unit
price shall establish the extended price, the unit
price shall govern in the bid/proposal evaluation and
contract administration.
Prices established in continuing agreements and
term contracts may be lowered due to general
market conditions, but prices shall not be subject to
increase for ninety (90) calendar days from the date
of award. Any increase proposed shall be submitted
to the contracting agency thirty (30) calendar days
before the proposed effective date of the price
increase, and shall be limited to fully documented
cost increases to the contractor which are
demonstrated to be industrywide. The conditions
under which price increases may be granted shall
be expressed in bid/proposal documents and
contracts or agreements.
In determination of award, discounts for early
payment will only be considered when all other conditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must allow
the option of net thirty (30).
A good faith dispute creates an exception to prompt
TAXES: The State of Wisconsin and its agencies are
exempt from payment of all federal tax and Wisconsin state
and local taxes on its purchases except Wisconsin excise
taxes as described below.
The State of Wisconsin, including all its agencies, is
required to pay the Wisconsin excise or occupation tax on
its purchase of beer, liquor, wine, cigarettes, tobacco
products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or
use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing
construction activities are required to pay state use tax on
the cost of materials.
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
ENTIRE AGREEMENT: These Standard Terms and
Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements
are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written
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contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless
expressly agreed to in writing by the contracting authority.
shall be governed under the laws of the State of Wisconsin.
The contractor shall at all times comply with and observe all
federal and state laws, local laws, ordinances, and
regulations which are in effect during the period of this
contract and which in any manner affect the work or its
conduct. The State of Wisconsin reserves the right to
cancel this contract if the contractor fails to follow the
requirements of s. 77.66, Wis. Stats., and related statutes
regarding certification for collection of sales and use tax.
The State of Wisconsin also reserves the right to cancel
this contract with any federally debarred contractor or a
contractor which is presently identified on the list of parties
excluded from federal procurement and non-procurement
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
connection with the performance of work under this
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of age,
race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01(5), Wis.
Stats., sexual orientation as defined in s. 111.32(13m), Wis.
Stats., or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. Except with respect to sexual orientation,
the contractor further agrees to take affirmative action to
ensure equal employment opportunities.
Contracts estimated to be over twenty-five thousand
dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An
exemption occurs from this requirement if the
contractor has a workforce of less than twenty-five
(25) employees. Within fifteen (15) working days
after the contract is awarded, the contractor must
submit the plan to the contracting state agency for
approval. Instructions on preparing the plan and
technical assistance regarding this clause are
available from the contracting state agency.
The contractor agrees to post in conspicuous
places, available for employees and applicants for
employment, a notice to be provided by the
contracting state agency that sets forth the
nondiscrimination law.
Failure to comply with the conditions of this clause
may result in the contractor's becoming declared an
"ineligible" contractor, termination of the contract, or
withholding of payment.
PATENT INFRINGEMENT: The contractor selling to the
State of Wisconsin the articles described herein guarantees
the articles were manufactured or produced in accordance
with applicable federal labor laws. Further, that the sale or
use of the articles described herein will not infringe any
United States patent. The contractor covenants that it will at
its own expense defend every suit which shall be brought
against the State of Wisconsin (provided that such
contractor is promptly notified of such suit, and all papers
therein are delivered to it) for any alleged infringement of
any patent by reason of the sale or use of such articles, and
agrees that it will pay all costs, damages, and profits
recoverable in any such suit.
SAFETY REQUIREMENTS: All materials, equipment, and
supplies provided to the State of Wisconsin must comply
fully with all safety requirements as set forth by the
Wisconsin Administrative Code, the Rules of the Industrial
Commission on Safety, and all applicable OSHA
WARRANTY: Unless otherwise specifically stated by the
bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as
a minimum and must be honored by the contractor.
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
Maintain worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property
damage including products liability and completed
operations. Provide motor vehicle insurance for all
owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage
shall be one million dollars ($1,000,000) per
occurrence combined single limit for automobile
liability and property damage.
The state reserves the right to require higher or
lower limits where warranted.
CANCELLATION: The State of Wisconsin reserves the
right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the
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contractor to comply with
specifications of this contract.
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the
solicitation, submission, review, and approval of
procurement activities.
MATERIAL SAFETY DATA SHEET: If any item(s) on an
order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1)
copy of a Material Safety Data Sheet for each item with the
shipped container(s) and one (1) copy with the invoice(s).
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be
made without prior approval of the State of Wisconsin.
Release of broadcast e-mails pertaining to this procurement
shall not be made without prior written authorization of the
contracting agency.
HOLD HARMLESS: The contractor will indemnify and save
harmless the State of Wisconsin and all of its officers,
agents and employees from all suits, actions, or claims of
any character brought for or on account of any injuries or
damages received by any persons or property resulting
from the operations of the contractor, or of any of its
contractors, in prosecuting work under this agreement.
FOREIGN CORPORATION: A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform
to all the requirements of Chapter 180, Wis. Stats., relating
to a foreign corporation and must possess a certificate of
authority from the Wisconsin Department of Financial
Institutions, unless the corporation is transacting business
in interstate commerce or is otherwise exempt from the
requirement of obtaining a certificate of authority. Any
foreign corporation which desires to apply for a certificate of
authority should contact the Department of Financial
Institutions, Division of Corporation, P. O. Box 7846,
Madison, WI 53707-7846; telephone (608) 266-3590.
bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of
Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers
certified under the State Use Law, s.16.752, Wis. Stat. This
shall result in requiring the successful bidder/proposer to
include products provided by work centers in its catalog for
State agencies and campuses or to block the sale of
comparable items to State agencies and campuses.
FORCE MAJEURE: Neither party shall be in default by
reason of any failure in performance of this Agreement in
accordance with reasonable control and without fault or
negligence on their part. Such causes may include, but are
not restricted to, acts of nature or the public enemy, acts of
the government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and unusually severe weather,
but in every case the failure to perform such must be
beyond the reasonable control and without the fault or
negligence of the party.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection
prior to issuance of the notice of intent to award or the
award of the contract.
PROPRIETARY INFORMATION: Any restrictions on the
use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in
accordance with applicable State of Wisconsin
procurement regulations and the Wisconsin public records
law. Proprietary restrictions normally are not accepted.
However, when accepted, it is the vendor's responsibility to
defend the determination in the event of an appeal or
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a
result of the contracted commodities or services
cannot be copyrighted or patented. All data, documentation, and innovations become the property of
the State of Wisconsin.
Any material submitted by the vendor in response to
this request that the vendor considers confidential
and proprietary information and which qualifies as a
trade secret, as provided in s. 19.36(5), Wis. Stats.,
or material which can be kept confidential under the
Wisconsin public records law, must be identified on
a Designation of Confidential and Proprietary
Information form (DOA-3027). Bidders/proposers
may request the form if it is not part of the Request
for Bid/Request for Proposal package. Bid/proposal
prices cannot be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), a member of a state public official's immediate
family, or any organization in which a state public official or
a member of the official's immediate family owns or controls
a ten percent (10%) interest, is a party to this agreement,
and if this agreement involves payment of more than three
thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless
appropriate disclosure is made according to s. 19.45(6),
Wis. Stats., before signing the contract. Disclosure must be
made to the State of Wisconsin Ethics Board, 44 East
Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123).
State classified and former employees and certain
University of Wisconsin faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled materials whenever technically and economically feasible.
Bidders are encouraged to bid products with recycled
content which meet specifications.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own
organization, that in connection with this procurement:
2.1 The prices in this bid/proposal have been arrived at
independently, without consultation, communication, or
agreement, for the purpose of restricting competition, as to
any matter relating to such prices with any other
bidder/proposer or with any competitor;
2.2 Unless otherwise required by law, the prices which have
been quoted in this bid/proposal have not been knowingly
disclosed by the bidder/proposer and will not knowingly be
disclosed by the bidder/proposer prior to opening in the
case of an advertised procurement or prior to award in the
case of a negotiated procurement, directly or indirectly to
any other bidder/proposer or to any competitor; and
2.3 No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose of
restricting competition.
2.4 Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's
organization responsible within that organization for the
decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in any
action contrary to 2.1 through 2.3 above; (or)
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for the
decision as to the prices being offered herein, but that
he/she has been authorized in writing to act as agent for
the persons responsible for such decisions in certifying
that such persons have not participated, and will not
participate in any action contrary to 2.1 through 2.3 above,
and as their agent does hereby so certify; and he/she has
not participated, and will not participate, in any action
contrary to 2.1 through 2.3 above.
3.1 Prior to award of any contract, a potential contractor shall
certify in writing to the procuring agency that no
relationship exists between the potential contractor and
the procuring or contracting agency that interferes with fair
competition or is a conflict of interest, and no relationship
exists between the contractor and another person or
organization that constitutes a conflict of interest with
respect to a state contract.
The Department of
Administration may waive this provision, in writing, if those
activities of the potential contractor will not be adverse to
the interests of the state.
3.2 Contractors shall agree as part of the contract for services
that during performance of the contract, the contractor will
neither provide contractual services nor enter into any
agreement to provide services to a person or organization
that is regulated or funded by the contracting agency or
has interests that are adverse to the contracting agency.
The Department of Administration may waive this
provision, in writing, if those activities of the contractor will
not be adverse to the interests of the state.
4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits
an individual who is a State of Wisconsin employee or who is
retained as a contractor full-time by a State of Wisconsin
agency from being retained as a contractor by the same or
another State of Wisconsin agency where the individual
receives more than $12,000 as compensation for the
individual’s services during the same year. This prohibition
does not apply to individuals who have full-time appointments
for less than twelve (12) months during any period of time that
is not included in the appointment. It does not include
corporations or partnerships.
5.0 EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person or
persons and of the contracting agency.
Private and non-profit
corporations are bound by ss. 180.0831, 180.1911(1), and
181.0831 Wis. Stats., regarding conflicts of interests by
directors in the conduct of state contracts.
contractor shall establish and maintain adequate records of all
expenditures incurred under the contract. All records must be
kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not less
than three (3) years after final payment is made.
hereto agree that the contractor, its officers, agents, and
employees, in the performance of this agreement shall act in
the capacity of an independent contractor and not as an officer,
employee, or agent of the state. The contractor agrees to take
such steps as may be necessary to ensure that each
subcontractor of the contractor will be deemed to be an
independent contractor and will not be considered or permitted
to be an agent, servant, joint venturer, or partner of the state.
RFB #J-016-08
Payne Property Remedial Excavation & Transport
Town of Seneca, Crawford County, WI
Project #10 RRLG
A. Project Overview: This project is for the excavation of approximately 980 tons of petroleum
contaminated soils, well protection and transport of contaminated soils to a licensed landfill. The site
is a former repair garage and gas station located at the intersection of WI Highway 27 and Water
Street in the Town of Seneca, Crawford County, WI. See the attached Specifications/Scope of
Work for additional details.
B. Contract and Contract Term: The result of this bid process will be a contract between the selected
vendor and the Wisconsin Dept. of Natural Resources (DNR). The contract will be a limited term
agreement for the period from award through the completion of the required services. This contract
will be initiated through issuance of an agency Purchase Order (PO) document and will include all of
the terms and conditions and requirements as listed and/or as attached to this bid document, as well
as any other terms necessary to clarify the contract requirements and as deemed to be in the best
interests of the agency. Your signed bid response will be your offer to provide the required services
and our PO document and attachments will be our acceptance of your offer. Initiation of services
upon receipt of the PO will be deemed as your firm’s acceptance of any contractual clarifications
attached or referenced to/by the PO.
C. Bidder Qualifications: Qualified Bidders must be in the business of providing services
similar to those required in this bid. Bidders must provide a point by point response to the
items listed in the Bidder Certifications section of this RFB document, and must submit a
completed DOA-3478 Vendor Reference form (as required by Item # A of the Bidder
Certifications document) that includes references for the bidding firm, which demonstrate
the bidders qualifying experience. A bidder’s failure to provide a point by point response to
the Bidder Certifications or to supply the required and completed DOA-3478 Vendor
Reference forms or a bidder’s failure to supply references which support their firm’s ability to
meet the requirements of this bid, are all grounds for elimination of their bid from further
consideration. Bidders shall also submit a completed Vendor Information Form (DOA
D. Clarification and/or revisions to the specifications and requirements: Vendors are expected to
raise any questions, exceptions, or additions they have concerning the RFB document at this point in the
RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or
other deficiency in this RFB, the vendor should immediately notify the following named individual of such
error and request modification or clarification of the RFB document.
Richard M. Straub FN/2
Senior Procurement Specialist
Wisconsin Department of Natural Resources
101 S. Webster Street
PO Box 7921
Madison, WI 53707
Ph #: (608) 261-6415
Email: [email protected]
All Vendor questions about the Specifications/Scope of Work should be submitted in writing
by email to the above named person by close of business, Wednesday, November 11, 2009.
All written questions will be responded to in writing and provided to all bidders.
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the
Bidder, or which must have reasonably been known to the Bidder, then the Bidder shall submit a
response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional
compensation or time by reason of the error or its later correction. In the event that it becomes
necessary to provide additional clarifying data or information, or to revise any part of this RFB,
supplements or revisions will be provided to all recipients of this initial RFB.
D. Additional Project Information & Vendor Site Inspection: Reports, boring logs and testing data will
be made available upon request to the project manager, Dave Rozeboom (715-421-7873 or email
[email protected]). Prior to submitting any bids, Bidders must review and understand
the available information, and develop appropriate means and methods for executing the work
required by the Specifications/Scope of Work. Any information made available to Bidders shall not be
interpreted as a warranty of subsurface conditions. Bidders should base their means and methods for
executing the Work not only on the available information, but also on their local experience and
knowledge. Each Bidder is expected to visit the site to evaluate site conditions that the may affect the
performance of the Work. There will not be any mandatory pre-bid Vendor Meeting or Site Inspection.
E. Specifications: The specifications for this project are those indicated in the
Specifications/Scope of Work section of this RFB document. Some additional project
information is also provided in the Specifications Appendix section of this bid document, which
includes Figure 1 - Site Location Map, Figure 2 - Site Plan and Figure 3 - Estimated Limits of
Remedial Excavation. Collectively these are the minimum acceptable specifications for the
performance of the services required by this bid. The requirements as listed in these sections
of this request for bid document will be the basis of any contract initiated as a result of this
solicitation. By signing the Request for Bid form, you are committing your firm to provide the
services listed in these specifications, at the prices included on your Bid Price Sheet, in
compliance with the specifications and all the terms and conditions listed and attached to this
bid document.
F. Method of Bid: Bidders must submit their bid prices on the attached Bid Price Sheet and
show the unit costs, extended costs and Total Bid Amount. Bidders must also include: a
projected work schedule, their point by point responses to the requirements listed in the
Bidder’s Certifications section below, a completed Major Subcontractor List form and
completed DOA-3478 Vendor Reference and DOA-3478 Vendor Information forms. No
partial bids will be accepted. All bidders must indicate on the outside of their response their
company name, the bid number (J-016-08), date and time of bid opening (11/20/2010,
11:00AM), and in large letters “SEALED BID ENCLOSED”. Bidders are directed to use the
attached Bid Checklist as a tool to help them submit a complete bid package.
Faxed bid responses will be allowed. For all faxed bid responses a facsimile transmission cover
letter is required. This fax cover letter must include:
 Date
 Agency fax number (608-264-6277)
 Agency name (Wisconsin Dept. of Natural Resources)
 Agency contact person and telephone number (Richard M. Straub, 608-261-6415)
 Bidder fax number (if available)
 Bidder name
 Bidder contact person and telephone number
 Number of pages (including cover) being transmitted
 The bid number (J-016-08), date and time of bid opening (11/20/2010, 11:00AM), and in large
All faxed replies to bid requests must be signed. Each page must be initialed and numbered
"page 1 of 5, page 2 of 5," etc. Faxed bids will be rejected if they do not arrive on time, i.e.,
the last page of the fax transmission must be completed prior to the bid opening due date and
Bids must be submitted by Friday, November 20, 2009 at 11:00 AM CST by fax or to one of the
following two addresses depending on the bidders planned method of delivery:
Richard M. Straub FN/2
WI Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
Richard M. Straub FN/2
WI Department of Natural Resources
101 S. Webster St.
Madison, WI 53703
Receipt of a bid by the State mail system does not constitute receipt of a bid by the
Purchasing Office, for purposes of this RFB. All bidders are responsible for the delivery
of their bid package to this purchasing office prior to the stated bid opening time. Late
bids and unsigned bids will be rejected.
G. Bid Opening: There will be a public bid opening on Friday, November 20, 2008 at 11:00 AM
(CST) at 101 S. Webster Street, Madison, WI 53703, 2nd Floor, Room 223 (Bureau of
Finance Conference Room).
H. Method of Award: Award will be made to the responsive and responsible bidder judged as
being qualified to provide the needed services and who has submitted the lowest Total Bid
Amount for all bid items based on the unit prices submitted on the Bid Price Sheet. If the low
bid submitted does not meet the required Bidder Qualifications (Bidder Certifications) it will be
rejected and the submission of the next lowest bidder will then be reviewed for compliance
with Bidder Qualifications (Bidder Certifications). This process will be repeated as necessary
until a qualified responsive and responsible low bidder is determined.
How to get on the State of Wisconsin’s Bidders List: Vendors are directed to the State of
Wisconsin’s computerized vendor information system, ”VendorNet”, for additional electronic
copies of this bid package, and for information on receiving automatic notification of all state
agency procurements over $25,000 in a vendors particular area of interest. The web address
for VendorNet is If there is a need to solicit bids for additional
services upon the completion of the contract initiated by this procurement, only vendors
registered with “VendorNet” will receive automatic notification of the bid. Your firms’ receipt of
this bid in the mail or by email does not guarantee receipt of future bids for these services.
Certification for Collection of Sales and Use Tax: The State of Wisconsin shall not enter
into a contract with a vendor, and reserves the right to cancel any existing contract, if the
vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats.,
and related statutes regarding certification for collection of sales and use tax.
K. Minority Business (MBE) requirements: The State of Wisconsin is committed to the
promotion of minority business in the state's purchasing program and a goal of placing 5% of
its total purchasing dollars with certified minority businesses. Authority for this program is
found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The
contracting agency is committed to the promotion of minority business in the state's
purchasing program. The State of Wisconsin policy provides that minority-owned business
enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business
Development should have the maximum opportunity to participate in the performance of its
contracts. The supplier/contractor is strongly urged to use due diligence to further this policy
by awarding subcontracts to minority-owned business enterprises or by using such
enterprises to provide goods and services incidental to this agreement, with a goal of
awarding at least 5% of the contract price to such enterprises.
L. Appeals Process: The appeals procedure applies only to those requests for bids that are greater
than $25,000. Notices of intent to protest and protests shall be made in writing. Protesters shall
make their protests as specific as possible and should identify statutes and Wisconsin Administrative
Code provisions which are alleged to have been violated. Any protest of this DNR solicitation or of
any intent to award issued as a result of this RFB process, must be made as provided by the
Wisconsin Administrative Code and the State Procurement Manual. No later than five (5) working
days after the date of this solicitation or no later than five (5) working days after any intent to award is
issued by DNR, a written notice of a vendor’s intent to protest must be received by:
Matthew Frank – Secretary
c/o Jane Launderville
Wisconsin Department of Natural Resources
101 S. Webster Street
PO Box 7921
Madison, WI 53703-7921
The complete written protest must then be received by the DNR Secretary (and/or his designee) at the
above address, no later than ten (10) working days after any notice of intent to award is issued, or no
later than ten (10) working dates after the date of this solicitation. All properly filed protests will be
reviewed and the DNR Secretary will issue a decision regarding the protest. The decision of the DNR
Secretary may then be appealed to the Secretary of the Department of Administration within five (5)
working days of its issuance, with a copy of such appeal filed with the DNR, provided that the appeal
alleges a violation of a statute or a provision of a Wisconsin Administrative Code.
RFB #J-016-08
Payne Property Remedial Excavation & Transport
Town of Seneca, Crawford County, WI
Project #10 RRLG
All bidders must include with their bid a point by point response to every item listed below that includes
at a minimum the documents or certifying statement required for that item.
A. Bidding vendors must certify that they have performed excavation of and disposal of contaminated
soils and transport of those contaminated soils to a licensed disposal site for one (1) or more similar
projects in Wisconsin with the project being at least 50% of the size or value of the work being bid
here, and with the project occurring within the past 3 years. Provide a list and description of all such
previous similar projects that the vendor has participated in. Provide reference information for the all
such qualifying similar projects using the DOA-3478 Vendor Reference form found at the end of this
bid package.
B. Bidding vendors must certify that they have access to all necessary equipment to do the work.
Provide a list of all equipment available to the contractor for completion of the required services,
including equipment for the excavation and backfill services and equipment for the transport services.
Indicate what equipment is being provided by subcontractors (if any subcontractors are listed on the
Major Subcontractors List form being submitted).
C. Bidding vendors must certify that they have established a health and safety program to adequately
educate and protect personnel working at sites with hazardous characteristics in accordance with
OSHA requirements and other applicable laws and regulations. Bidding vendors must also provide
some documentation/evidence of the existence of their program in their response to this certification.
D. All vendors who bid must certify that if they are awarded a contract they will submit copies of a sitespecific health and safety plan to the Oversight Engineer prior to initiating any mobilization or
excavation or transport services.
E. All vendors who bid must certify that if they are awarded a contract they will submit to the Oversight
Engineer prior to initiating any mobilization or excavation or transport services evidence of OSHA
1910.120 40-hour hazardous site-worker training certificates for all CONTRACTOR and Subcontractor
personnel who will perform intrusive activities for this project. Vendors must also certify that they will
also submit certification of any full time or on-site personnel with 24-hour HSW supervisor training per
the requirements of Specifications/Scope of Work Section E, Additional Submittals.
F. All vendors who bid must include a statement in response to this item that certifies they will be able to
comply with all insurance requirements as listed in the Specifications/Scope of Work Section J,
Insurance Requirements, if awarded the contract for the work required for this project, and that they
will be able to supply the required Certificates of Insurance in a timely fashion upon receipt of any
Notice of Intent to Contract. They must also indicate that they understand that if a notice of intent to
contract letter is sent to them and the required Certificates of Insurance are not provided as required,
the agency may revoke the notice of intent and make the award to the next lowest responsive and
responsible bidder.
G. All vendors who bid must certify that they agree to begin work within 10 days after the date any
Purchase Order (PO) is issued to initiate a contract for the services required by this Request for Bid
(RFB) Document. They must also certify that they will complete the construction, within 60 days of the
Purchase Order (PO) issuance date, for all aspects of the project
RFB #J-016-08
Payne Property Remedial Excavation & Transport
Town of Seneca, Crawford County, WI
Project #10 RRLG
The Payne Property is located west of the intersection of Highway 27 and Water Street in Seneca, WI. A
site location map is provided in Figure 1 (See Specifications Appendix). The project area currently
contains one structure. Additionally, fiber optic lines are known to run along the western side of Highway
27. The property was formerly operated as a gasoline station.
Midwest Engineering Services, Inc. (MES) performed a site investigation at the property, which included
collection of soil and groundwater samples. A site plan is shown in Figure 2 (See Specifications
Appendix). MES identified an area of affected soil near the location of GP-3, GP-4, GP-5, GP-6, and GP7, which was contaminated with petroleum hydrocarbons.
Soil at the site generally consists of sand and gravel fill underlain by silty clay to the planned depth of the
excavation (approximately 14 feet below ground surface) at bedrock. Depth to bedrock at the site ranges
from 12 to 26 feet below ground surface. Excavation will take place in the area of the former USTs and
dispensers, as shown in Figure 3 (See Specifications Appendix). The excavation depth will be
approximately 14 feet below the existing ground surface. Additionally, 50 tons of soil will be removed to a
depth of 4 feet below ground surface near a former fuel oil UST. Significant groundwater is not
anticipated during the excavation activities, however perched zones may be encountered.
It should be noted that a monitoring well exists within the excavation area. This well is installed to a depth
of approximately 90 feet and every attempt to not destroy this monitoring well during excavation must be
made including disconnecting pipe as the excavation progresses.
Excavate, stockpile, and backfill any non-affected overburden.
Excavate and transport approximately 980 tons of petroleum-affected soil from the project
site to the LaCrosse County Landfill facility in LaCrosse, Wisconsin for incorporation into
their bioremediation system. The landfill is located approximately 50 miles from the
jobsite. Landfill disposal and treatment fees are not included.
Attempt to salvage monitoring well MW-1, which is installed to a depth of 90 feet bgs
within the proposed excavation area.
Compact backfill material in maximum lifts of 12 inches.
All references to OWNER in this document refer to the current owner of this property: Mr. Mike McCulick,
PO Box 28, Seneca, WI 54654 (608) 734-3864.
The DNR has hired Midwest Engineering Services, Inc. (MES) as the Oversight Engineer (Engineer) for
this project. Their contact for this project is Mr. Brian Youngwirth who is available as follows:
Midwest Engineering Services, Inc.
608 N. Stanton Street
Ripon, WI 54971
(920) 745-2200 - Phone
(920) 745-2222 - Fax
[email protected] - e-mail
Each Bidder is required to list all subcontractors, which the bidder plans to use to complete the scope of
work for this project if awarded the contract resulting from this RFB process, on the attached Major
Subcontrator List form that is included below in this bid package. The use of subcontractors is limited by
the following:
 CONTRACTOR will be required to perform at least fifty (50) percent of the work.
 CONTRACTOR will make binding agreements with selected Subcontractors before the bid
submittal, and the estimated amounts of each Subcontractor arrangements are to be included on
the Major Subcontractor List form that is submitted with the CONTRACTOR’S bid.
 CONTRACTOR is responsible for the conduct, product, and payment of Subcontractors.
 CONTRACTOR is responsible for proper performance of all Subcontractors.
No consent by the DNR or MES or Owner to any assignment or other transfer, and no approval by the
DNR or MES or Owner of any Subcontractor, shall under any circumstances operate to relieve the
CONTRACTOR of any of his or their obligations under the Contract; neither shall any subcontract or
approval of any Subcontractor cause or be deemed to create any rights in favor of such Subcontractor
against the WDNR. All assignees, Subcontractors, and transferees shall be deemed to be agents of the
CONTRACTOR. All subcontracts and all approvals of Subcontractors shall be understood to be based
upon the requisites of performance by the Subcontractor in accordance with this bid document and
Contract; and, should any Subcontractor fail to perform their Work to the satisfaction of MES, MES shall
have the absolute right to rescind approval at once and to require the performance of such Work by the
CONTRACTOR entirely or in part through other approved Subcontractors.
 Schedule: BIDDERS shall submit a projected work schedule with their Bid.
 Traffic Control Plan: CONTRACTOR shall submit a Traffic Control Plan to MES prior to prior to
initiating any mobilization or excavation or transport services. At a minimum, the plan shall identify
intended signs, barricades, lane closures, and detours (if any).
 Site Safety Plan: CONTRACTOR shall submit a Site Safety Plan to MES, prepared in
accordance to meet the requirements of Section H of these Specifications/Scope of Work, prior to
initiating any mobilization or excavation or transport services.
 Certifications: CONTRACTOR shall submit OSHA 1910.120 40-hour hazardous site-worker
training certificates for all CONTRACTOR and Subcontractor personnel who will perform intrusive
activities. If applicable, CONTRACTOR shall also submit certification of any full time or on-site
personnel with 24-hour HSW supervisor training. Said certifications shall be submitted to MES
prior to initiating any mobilization or excavation or transport services.
 The Work of this Contract consists of completing all activities to meet the project objectives
including, but not limited to: soil excavation; protection of the on-site monitoring well;
protection of existing utilities; segregation of clean and contaminated soil; transporting of
contaminated soils; backfilling; and other tasks detailed in these specifications necessary to
complete the Work. The CONTRACTOR shall furnish all labor, equipment, materials,
transportation and tools required to complete the Work.
 CONTRACTOR must provide equipment (including a sufficient number of dump trucks)
adequate to excavate, load, and haul affected soil to an estimated depth of up to 14 feet, to
the selected treatment/disposal site at an approximate rate of 250 tons per day.
 CONTRACTOR must provide equipment adequate to place and compact backfill to meet
backfill compaction specifications.
 CONTRACTOR must provide adequate hand, power and other tools, as necessary.
 The excavation area is currently sand, gravel and partially concrete covered. Any concrete
pavement must be separated and transported separately to the landfill, provided it is not in
direct contact with affected soil. If the pavement appears to be in contact with contaminated
soil, it will be hauled to the landfill and disposed with the contaminated soils.
 CONTRACTOR will be responsible for excavating soil from the area designated by MES
personnel. The excavated soil may consist of both contaminated and non-contaminated soil.
MES will distinguish contaminated from non-contaminated soil. If encountered, noncontaminated soil will be stockpiled on site and used for backfill. Any non-contaminated
topsoil from the smaller of the two excavation sites should also be saved for future grass
resurfacing of that site by the OWNER. Petroleum-contaminated soil will be excavated and
immediately loaded on to a truck and transported to the bioremediation site by
CONTRACTOR. Actual vertical and horizontal limits of excavation will be determined by MES
in the field based on indications of contamination, the presence of groundwater, and other
MES’ on-site representative will obtain soil samples during the excavation work for field and
laboratory analysis in a manner to avoid entry into the excavation. The field evaluation will be
used to direct the disposition of soil for either stockpiling or offsite disposal at the
bioremediation facility.
CONTRACTOR will be responsible for enclosing the excavation area with a safety fence.
Bidders shall include the cost of such a fence in the appropriate spot on the Bid Price Sheet.
In addition, CONTRACTOR is responsible for keeping the vicinity of the excavation free of
clutter and debris at the completion of each day’s work.
MES will obtain the necessary permits if excavation within the right of way is deemed
 Non-affected soil, which is suitable for re-use, will be stockpiled from the excavation and shall
be used as a backfill within the larger of the two remedial excavations. Imported backfill
material for this remedial excavation shall consist of sand and 3/4-inch minus crushed rock.
Backfill material consisting of any non-affected soils saved for re-use and imported sand shall
be placed from the bottom of the excavation up to approximately 1 foot below ground surface.
A 1 foot thick layer of 3/4-inch minus crushed rock shall be placed to ground surface as
roadbase. For the smaller of the two remedial excavations the backfill to ground surface will
consist of imported sand and any topsoil saved during the excavation. All backfill shall be free
of organic, frozen, or other unsuitable material, and shall be approved by MES prior to
placement. The backfill shall be compacted in 12 inch thick maximum lifts prior to placement
of the roadbase gravel or prior to placement of any reused topsoil for the smaller excavation.
All backfill shall be compacted to 95 percent of the maximum dry density as determined by the
standard proctor method. CONTRACTOR must use proper care during backfilling and
compacting soils not to damage existing buildings, utilities, or other structures. Paving
operations and grass resurfacing will not be performed as a part of this bid.
 Underground utilities are known to exist in the work areas. The CONTRACTOR shall review
the locations of underground utilities with MES before beginning excavation or other intrusive
activities. The CONTRACTOR shall review any available drawings indicating utility locations.
The CONTRACTOR shall contact appropriate local and municipal utilities and contact
Digger’s Hotline prior to beginning any intrusive work at the site. CONTRACTOR must
provide proper protection of utilities. The CONTRACTOR is responsible for any damage to
utilities marked by the local or municipal utilities or Digger’s Hotline, shown on drawings, or
otherwise believed to be present. Any such utilities damaged by performance of the Work
shall be repaired by the CONTRACTOR at no additional cost. The CONTRACTOR shall
repair all damaged utilities to the satisfaction of the utility owner and/or OWNER.
 Pay items shall be paid using the units and unit prices indicated on the Bid Form. Payment
shall be full compensation for all labor, materials, equipment, tools, and transportation
required to complete the Work under each pay item. Payment shall be made in accordance
with the general terms and Conditions of the Contract. Estimated quantities are indicated in
the bid form. Actual quantities may vary from those indicated. Payment will be based upon
actual quantities.
 MES and/or the WDNR may at any time by written order require the performance of such
extra work or changes in the Work as may be found necessary or desirable. The amount of
compensation to be paid to the CONTRACTOR for any extra work or so ordered shall be
made, as appropriate, in accordance with a price agreed upon between the parties and
stipulated in the order for the extra work, or a price based on the unit prices of the Contract.
No claims for extra work or cost shall be allowed unless done pursuant to a written order by
MES, approved by the WDNR.
CONTRACTOR shall be solely responsible for obtaining and complying with all necessary permits and/or
licenses for the activities performed by CONTRACTOR. This includes, but is not limited to, all permits and
licensing required by federal, state and local agencies in regards to the excavation, handling, hauling and
disposal of petroleum-affected soils. All costs associated with these permits and/or licenses are the
responsibility of CONTRACTOR.
The CONTRACTOR shall at all times be responsible for exercising reasonable precaution for the health
and safety of his employees, subcontractors, vendors, or other on-site personnel engaged in the execution
and control of the Work required in these Specifications. The CONTRACTOR shall comply with all
applicable provisions of federal, state, and local health and safety statutes, codes and regulations,
including 29 CFR Parts 1910 and 1926.
CONTRACTOR will be responsible for preparing and having on site a site specific Safety Plan and
maintaining site safety at all times including that of WDNR/OWNER, Subcontractors and third parties.
MES will maintain and follow its own site safety plan. MES is explicitly not responsible for oversight or
control of site safety for CONTRACTOR, Subcontractors, WDNR, OWNER, or third parties.
1. Certificates of Insurance
 The awarded contractor shall provide Certificates of Insurance for commercial insurance
coverage for the term of the contract that comply with the following summary of the MINIMUM
coverage and limits required for purposes of the contract award:
Worker's Compensation & Employer's
Worker's Compensation.
Statutory Employer's Liability $1,000,000
The Contractor shall procure and maintain during the life of the contract,
and shall require all Subcontractors to maintain, Worker's Compensation
Insurance as required by State of Wisconsin Statutes and any applicable
Federal Act coverage. The Contractor shall also procure and maintain
during the life of the contract, and shall require all Subcontractors to
maintain, Employer's Liability Insurance. Minimum coverage shall include:
State: Worker's Compensation, Statutory, Employer's Liability $1,000,000; Federal: As Applicable.
Commercial General Liability (CGL)
$1,000,000 combined per
Commercial Automobile
$1,000,000 per occurrence
Awarded Contractor may be required to provide copies of their actual
insurance policies.
Insurance Policy Inspection
Upon request of the State of Wisconsin, the awarded contractor shall provide
copies of insurance policies and/or insurance certificates in effect during the
duration of this contract. These policies and/or certificates shall be
submitted to the state for annual review and when insurance coverage or
providers are changed.
The Wisconsin Department of Natural Resources shall be listed as the Certificate Holder.
The Insurance covered by the Certificate shall not be canceled or materially altered, except
after fifteen (15) days written notice has been received by the Department.
The Wisconsin Department of Natural Resources and its employees and the Engineer and
the Owner shall all be listed as additional named insureds.
The awarded contractor shall furnish the required Certificates of Insurance to Richard M.
Straub at the address indicated on the RFB Documents after any notice of intent to award is
issued and prior to initiating any mobilization or excavation or transport services. The
Certificate of Insurance must be dated the same date or subsequent to the date of the notice
of intent to award letter.
A. Each and every provision of law and clause required by law to be inserted in the Contract
resulting from this request for bid process shall be deemed to be inserted herein and the
resulting Contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon
the application of either party the Contract shall forthwith be physically amended to make such
insertion or correction.
A. The Engineer is retained by, and is responsible to the Department. The Engineer's decisions
are subject to review and concurrence by the Department.
B. The Engineer shall be the Department's representative during the construction period. His
authority and responsibility shall be limited to the provisions set forth in these Specifications
and RFB Documents. The Engineer shall have the authority to reject defective work and
materials whenever such rejection may be necessary to assure execution of the Contract in
accordance with the intent of the Specifications and RFB Documents. The Engineer may
issue a Nonconformance Report documenting the rejection of Defective Work and materials
and requiring corrective action to be taken by the Contractor to remedy the defect.
C. The Engineer shall make periodic observations at the site of the Project to determine the
progress, quantity, and quality of the work and to determine, in general, if the work is
proceeding in accordance with the intent of the Specifications and RFB Documents. He shall
not be required to make comprehensive or continuous inspections to check quality or quantity
of the work. He shall not be responsible for the means, methods, techniques, or procedures,
or for safety precautions and programs in connection with the work. He shall not be
responsible for the Contractor's failure to execute the work in accordance with the
Specifications and RFB Documents. Observations made by the Engineer shall not relieve the
Contractor of his obligation to conduct comprehensive inspections of the work and to furnish
materials, to perform acceptable work, and to provide adequate safety precautions in
conformance with the intent of the Specifications and RFB Documents.
D. The Engineer shall not be responsible for the acts or omissions of the Contractor, or any
Subcontractor, or of the agents or employees of any Contractor or Subcontractor, or any other
persons at the site or otherwise executing any of the work.
E. The Engineer shall have the authority to interpret project schedule requirements and to
establish the necessary priorities for resolving conflicts between Contractors, and to enforce
such measures as may be necessary to maintain overall project schedules. It is the intent of
this Specification section that there shall be no delays in the progress of the critical elements
of the project work, and the decision of the Engineer as rendered shall be promptly observed.
F. The Engineer may issue Field Orders to the work not involving extra cost or extension of time
to the Contract and not inconsistent with the purposes of the project.
G. The Engineer shall, within a reasonable time, make decisions on all matters relating to the
progress of the work or the interpretation of the Specifications and RFB Documents.
A. Information or services under the Department's control shall be furnished by the Department
through the Engineer with reasonable promptness so as to avoid delay in the orderly progress
of the work.
B. The Department shall furnish all land and rights-of-way necessary for the carrying out and
completion of the work to be performed under this Contract.
A. If the work is defective, or the Contractor fails to furnish or perform the work in such a way
that the completed work will conform to the Specifications and RFB Documents, the
Department may order the Contractor to stop the work, or any portion thereof, until the cause
for such order has been eliminated. This right of the Department to stop the work, however,
shall not give rise to any duty on the part of the Department to exercise this right for the
benefit of the Contractor or any other party.
A. The authorized representatives and agents of State government shall be permitted to inspect
all work, materials, payrolls, records of personnel, invoices of materials, and other relevant
data and records. They shall at all times have access to the work wherever it is in preparation
or progress and the Contractor shall provide facilities for such access and for inspection.
B. Should it be considered necessary or advisable at any time before final acceptance of the
entire work to make an examination of work already completed, by removing or tearing out
same, the Contractor shall, upon request, promptly furnish all necessary facilities, labor and
materials. If such work is found to be defective in any aspect, due to fault of the Contractor or
Subcontractors, the Contractor shall assume all expenses of such examination and of
satisfactory reconstruction. If, however, such work is found to meet the requirements of the
Contract, the Contractor will be reimbursed for such examination and replacement in
accordance with these General Conditions.
A. All work, all materials whether incorporated in the work or not, and all processes of
manufacture shall be at all times and places subject to the inspection of the Engineer who
shall be the final judge of the quality and suitability of the work, materials, and processes of
manufacture for the purposes for which they are used. Should they fail to meet the Engineer's
approval they shall be forthwith reconstructed, made good, replaced or corrected, as the case
may be, by the Contractor at the Contractor's expense. Rejected material shall immediately
be removed from the site.
B. If the Contractor defaults or neglects to carry out the work in accordance with the
Specifications and RFB Documents or fails to perform any provision of the Contract, the
Department may, after ten days written notice to the Contractor and without prejudice to any
other remedy, make good such deficiencies. In such case an appropriate Contract Directive
shall be issued deducting from the payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including the cost of the Engineer's additional services made
necessary by such default, neglect or failure.
A. The Contractor shall observe, comply with, and be subject to all terms, conditions,
requirements, and limitations of the RFB Documents, and shall complete the entire work to
the extent of quality and workmanship implied by the RFB Documents and which will warrant
acceptance by the Engineer and the Department.
B. The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation,
and superintendence necessary to execute, complete, and deliver the work within the
specified time, whether temporary or permanent and whether or not incorporated or to be
incorporated in the work. They shall be maintained and used in a manner that will not create
a hazard to persons or property or cause a delay in the progress of work.
C. Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Department.
D. The Contractor shall furnish, erect, maintain, and remove such temporary work as may be
E. The Contractor shall assign competent supervisory personnel to the project site during the
progress of the work. The Contractor shall designate, in writing, before starting work, his
authorized representative who shall have authority to represent, to act for, and to accept all
notices for the Contractor. The Contractor shall inform the Engineer in writing of the name,
address, and the telephone number (day and night) of such representative. The
representative, or his designee, shall be present at the site of the work at all times when the
work is actually in progress. The Contractor shall not remove or replace his authorized
representative without notifying the Engineer.
F. The Contractor shall be solely responsible for all construction means, methods, techniques,
and procedures; and he shall provide adequate safety precautions, coordinate all portions of
his own work with the work of his Subcontractors, schedule his work to avoid conflict with the
Department's operations, and cooperatively coordinate his work with the work of any other
prime contractors performing work for the Department.
G. The Contractor shall employ only competent employees to do the work. The Contractor shall
maintain strict discipline and good order among the Contractor's employees and other
persons carrying out the Contract.
H. Contractor's employees whose work is considered by the Engineer to be unsatisfactory,
careless, incompetent, unskilled or otherwise objectionable, shall be removed from the project
or other corrective action taken, upon notice from the Engineer.
I. The Contractor and Subcontractors employed upon the work shall be required to conform to
Labor Laws of the State of Wisconsin and various acts amendatory and supplementary
thereto and to other laws, ordinances and legal requirements applicable thereto.
A. The time of completion of the work to be executed under this Contract is an essential
condition of the Contract. Extensions of time may be allowed upon the decisions of the DNR
Project Manager and or the Oversight Engineer. It is hereby understood and mutually agreed,
by and between the Contractor and the Department, that the date of beginning and the time
for completion of the work to be done hereunder as specified in the Purchase Order intiating
any Contract resulting from this RFB process are essential conditions of this Contract. The
time allowed for the completion of the work is sixty (60) days from Purchase Order (PO)
B. The Contractor agrees that said work shall be prosecuted regularly and diligently at such a
rate of progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the Contractor and the Department, that the time for
the completion of the work described herein is a reasonable time for the completion of the
same, taking into consideration the average climatic range and usual industrial conditions
prevailing in this locality.
C. It is further agreed that time is of the essence of each and every portion of the Specifications
wherein a definite and certain length of time is fixed for the performance of any act
whatsoever; and where under the Contract an additional time is allowed for the completion of
any work, the new time limit fixed by such extension shall be of the essence of this Contract,
provided, that the Department determines that the Contractor is without fault and the
Contractor's reasons for the time extension are acceptable to the Department.
A. Except in cases of emergency, no changes in the work covered by the approved Purchase
Order may be made without having prior written approval of the Department.
B. The Department's request for cost and time quotations for changes to the work shall not be
considered authorization to proceed with the work prior to issuance of a Contract Directive,
nor shall such request justify any delay in the existing work.
C. The Department may, at any time, by a Contract Directive, make any change in the work
within the general scope of the Contract, including but not limited to changes in the
Specifications (including Plans and designs); in the time, method or manner of performance
for the work; in the Department-furnished facilities, equipment, materials, services, or site; or
directing acceleration in the performance of the work.
D. Upon receipt of a Contract Directive, the Contractor shall promptly proceed with the work
covered thereby, which shall be performed in accordance with the provisions of the Contract
Documents (except as otherwise specifically provided).
E. A Contract Directive includes any other written direction, instruction, interpretation or
determination from the Department which causes any changes in the work, provided the
Contractor gives the Department written notice stating the date, circumstances and source of
the written direction; instruction, interpretation or determination and that the Contractor
regards it as a Contract Directive.
F. If any change in the work under this Article causes an increase or decrease in the
Contractor's cost or the time required to perform any part of the work under this Contract,
whether or not changed by any Contract Directive, the Department shall make an equitable
adjustment and modify the Contract in writing.
G. If the Contractor intends to assert a claim for an equitable adjustment under this Article, he
must, within 30 calendar days after receipt of a written Contract Directive under this Article,
submit a written statement to the Department setting forth the general nature and monetary
extent of such claim.
H. No claim by the Contractor for an equitable adjustment shall be allowed if made after final
payment under this Contract.
I. Negotiation of cost for a change in the work shall not be cause for the Contractor to delay
prosecution of the work if the Contractor has been authorized in writing by the Department to
J. Except as provided in this Article, no order, statement, or conduct of the Department shall be
treated as a change in the work under this Article or shall entitle the Contractor to an equitable
A. Should the Contractor encounter subsurface or latent conditions at the site materially differing
from those of the RFB Documents, the Contractor shall immediately give written notice to the
Engineer of such conditions before they are disturbed. The Engineer will thereupon promptly
investigate the conditions and make a determination if conditions materially differ from those
of the RFB Documents. The Contractor will provide a written statement within 30 calendar
days of the Engineer's determination setting forth the Notice, monetary extent and time
allowances of such claim. The Department shall, after receipt of Contractor's written
statement, make such changes as necessary, in an equitable manner provided in Section 9
above "Changes in the Work."
A. All claims by the Contractor arising from interpretation of or performance under the RFB
Documents shall be submitted to the Engineer, who shall issue his determination. Within 15
calendar days of the determination by the Engineer, the Contractor may appeal the decision to
the Department's Secretary. The Department's Secretary may appoint a Designated
Representative to hear the appeal. The Contractor will be afforded an opportunity to be heard
and to offer evidence in support of his appeal. The Department's Secretary or his Designated
Representative shall render a decision which shall be final and conclusive under this Contract.
The Contractor's failure to file an appeal within the required 15 calendar days shall render the
determination issued by the Engineer final and conclusive.
B. The Contractor shall carry on the work and maintain his progress schedule during all disputes
or disagreements with the Department. No work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as the Contractor and the Department
may otherwise agree in writing.
A. The Contractor shall submit to the Engineer such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data the Engineer may request
concerning work performed or to be performed under this Contract.
A. Wherever the estimated quantities of work to be done and materials to be furnished for this
project are shown in any of the RFB Documents, they are given for use in comparing bids and
the right is especially reserved to increase or diminish them as they may be deemed
reasonably necessary or desirable by the Department to complete the work contemplated by
this project, and the cost for such increase or diminution shall be adjusted in the manner
provided for in Section 9 above "Changes in the Work."
A. Without invalidating the contract, the Department may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted in accordance
with Section 9 above "Changes in the Work."
B. Charges or credits for the work covered by the approved change shall be determined by one
of the following methods:
1. Unit bid prices previously approved.
2. An agreed lump sum with supporting cost breakdown on major items of labor and
materials. All taxes, insurance, overhead and profit should be prorated into the
individually priced items of the cost breakdown.
A. Upon completion of all of the work under this Contract, the Contractor shall notify the
Engineer, in writing, that he has completed the work and make application for final payment.
The Department shall pay to the Contractor all moneys due him under the provisions of the
RFB Documents after the following conditions have been met:
1. The Department has accepted the completed work in accordance with bid requirements,
or formally waived non-conforming work to the extent of the nonconformity;
2. The Contractor has complied with all other provisions of the Contract Documents.
A. All material and work covered by partial payments made shall thereupon become the sole
property of the Department, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and work upon
which payments have been made or the restoration of any damaged work, or as a waiver of
the right of the Department to require the fulfillment of all of the terms of the Contract.
A. The making of final payment shall constitute a waiver of all claims by the Department except
those arising from:
1. Unsettled Liens;
2. Faulty or defective work appearing after substantial completion;
3. Failure of the work to comply with the requirements of the RFB Documents; or,
4. Terms of any special guarantees required by the RFB Documents.
B. The acceptance of final payment shall constitute a waiver of all claims by the Contractor.
RFB #J-016-08
Payne Property Remedial Excavation & Transport
Town of Seneca, Crawford County, WI
Project #10 RRLG
The Specifications Appendix Adobe Acrobat.pdf document consists of a:
 Site Location Map
 Site Plan, and an
 Estimated Limits of Remedial Excavation drawing.
Adobe Acrobat
Please note if potential bidders are not able to open the attached Adobe Acrobat.pdf document
they should contact Richard Straub as indicated on the first page of the bid for assistance.
RFB #J-016-08
Payne Property Remedial Excavation & Transport
Town of Seneca, Crawford County, WI
Project #10 RRLG
NOTE TO BIDDERS: All blank spaces requiring input in the Table below must be filled in (do not enter any
amounts in shaded spaces). All Bid items are described in the Specifications.
Lump Sum
Traffic Control
Lump Sum
Site Safety Plan
Lump Sum
Clear Utilities
Lump Sum
Excavation Safety
Lump Sum
Soil Excavation
Non-affected Soil
Load & Transport
contaminated Soil to
La Crosse County
Concrete Disposal
Backfill (placed &
¾ fill gravel/fines
Non-affected Soil
TOTAL BID AMOUNT (Sum of Lump Sum Items plus Extended Unit Price Items)
(Amount in words)
(Amount in figures)
Note: The Total Bid Amount used as the basis for the award of this contract is based on estimated quantities
and is an estimation of actual amount that will be paid to the awarded contractor. Actual amounts paid will be
based on the unit cost amounts bid and the actual amounts and services delivered. The actual quantities for
each bid item may vary based on the information gathered in the field during the actual excavation. Bidders
being considered for award may be required to provide a further detailed breakdown of the cost of the work. If
so requested, the bidder shall substantiate any price or prices with an additional detailed price breakdown.
Company Name & Address
RFB #J-016-08
Payne Property Remedial Excavation & Transport
Town of Seneca, Crawford County, WI
Project #10 RRLG
Per the Specifications/Scope of Work Section E, Subcontractors; each bidder must submit a list of the
subcontractors he proposes to contract with on this form. Please provide the name of the subcontractor,
the class of work to be performed by each, and an estimate of the value of the subcontractor services.
No subcontract, whether listed herein or later proposed, may be entered into without the written consent of
the Department as provided in Section E, Subcontractors, of the Specifications/Scope of Work. If the
bidder does not plan to use any subcontractors they should indicate that fact on the first line of the form
below. Please use additional forms as necessary to list all subcontractors.
Failure to provide this information will cause the bid to be rejected.
Name of Subcontractor
Company Name & Address
Class of work
Estimated Value
Bid / Proposal #
DOA-3477 (R05/98)
Commodity / Service
Toll Free Phone
E-Mail Address
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Toll Free Phone
E-Mail Address
Zip + 4
Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Toll Free Phone
E-Mail Address
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Toll Free Phone
E-Mail Address
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
Bid / Proposal #
DOA-3478 (R12/96)
Payne Property – Seneca, WI
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) provided by your firm for at least one project with requirements similar to those
included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named
references should also be involved in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
State of Wisconsin
Department of Natural Resources
Request for Bid No. J-016-08
Bidders are to complete, sign and return the following forms. Use the list below to check off the items as they are
completed and as a mailing check list. A complete bid package must contain all the items.
1. ______ DOA-3070, Request for Bid Form (signed).
2. ______ Bid Price Sheet (signed).
3. ______ DOA-3477, Vendor Information form.
4. ______ DOA-3478, Vendor Reference forms.
5. ______ Major Subcontractor List form
6. ______ Projected Work Schedule
7. ______ Completed Response to Bidder Certification requirements document with point by point responses to each
8. ______ All bidders must indicate on the outside of their response the bid number, date and time of bid opening, and
in large letters “SEALED BID ENCLOSED”. Fax bids must follow all instructions included in Special Conditions
of Bid.
The State reserves the right to reject incomplete bids.
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