State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: 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 Bid . 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. REQUEST FOR BID Bids MUST be in this office no later than THIS IS NOT AN ORDER 11:00 AM CST, Friday, November 20, 2009 BIDDER (Name and Address) Name (Contact for further information) Richard M. Straub (email address: [email protected]) Phone Date (608) 261-6415 November 5, 2009 Quote Price and Delivery FOB Destination Fax bids are accepted Item No. Quantity and Unit Description Fax bids are not accepted Price Per Unit Total 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. Yes No Unknown 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 Title Phone Date Fax 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) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 2.0 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. 3.0 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. 4.0 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. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 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 Wisconsin. 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. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of 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. 6.1 6.2 6.3 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 payment. 12.0 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. 13.0 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. 14.0 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 DOA-3054 Page 2 of 3 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. 15.0 16.0 APPLICABLE LAW AND COMPLIANCE: This contract 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 contracts. 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. 17.0 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 Wisconsin. 18.0 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 individuals. 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In 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. 19.1 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. 19.2 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 provisions of the State of Wisconsin's nondiscrimination law. 19.3 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. 20.0 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. 21.0 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 Standards. 22.0 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. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: 24.0 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 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. 23.3 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 DOA-3054 Page 3 of 3 contractor to comply with specifications of this contract. terms, conditions, and 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 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. 30.0 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). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: 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. 32.0 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. 33.0 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. 34.0 WORK CENTER PROGRAM: The successful 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. 35.0 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. 27.0 28.0 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 litigation. 27.1 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. 27.2 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. 29.0 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 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues. 2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: 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. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 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. 6.0 CONFLICT OF INTEREST: 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. 7.0 RECORDKEEPING AND RECORD RETENTION: The 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. 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties 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 SPECIAL CONDITIONS OF BID 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 3477). 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 letters “SEALED BID ATTACHED”. 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 time. 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: USPS Richard M. Straub FN/2 WI Department of Natural Resources PO Box 7921 Madison, WI 53707-7921 COMMON CARRIER AND HAND DELIVERY ADDRESS 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. I. 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 http://vendornet.state.wi.us. 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. J. 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 BIDDER CERTIFICATIONS 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 SPECIFICATIONS/SCOPE OF WORK Payne Property Remedial Excavation & Transport Town of Seneca, Crawford County, WI Project #10 RRLG A. SITE CONDITIONS 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. B. SUMMARY OF WORK 1) Excavate, stockpile, and backfill any non-affected overburden. 2) 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. 3) Attempt to salvage monitoring well MW-1, which is installed to a depth of 90 feet bgs within the proposed excavation area. 4) Compact backfill material in maximum lifts of 12 inches. C. OWNER 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. D. OVERSIGHT ENGINEER 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 E. SUBCONTRACTORS 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. F. ADDITIONAL SUBMITTALS 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. G. SPECIFICATIONS 1. GENERAL SCOPE OF WORK 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. 2. EQUIPMENT 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. 3. EXCAVATION 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 factors. 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 necessary. 4. EXCAVATION BACKFILL 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. 5. UNDERGROUND UTILITIES 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. 6. MEASUREMENT AND PAYMENT 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. 7. EXTRA WORK AND CHANGE ORDERS 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. H. PERMITS 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. I. SITE SAFETY PLAN 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. J. INSURANCE REQUIREMENTS 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: Category 1 Worker's Compensation & Employer's Liability Limits 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. 2 Commercial General Liability (CGL) $1,000,000 combined per occurrence 3 Commercial Automobile $1,000,000 per occurrence 4 Awarded Contractor may be required to provide copies of their actual insurance policies. 5 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. K. OTHER CONTRACT REQUIREMENTS 1. REQUIRED PROVISIONS DEEMED INSERTED 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. 2. AUTHORITY AND RESPONSIBILITIES OF THE OVERSIGHT ENGINEER (ENGINEER) 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. 3. THE DEPARTMENT'S ADMINISTRATION OF THE CONTRACT 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. 4. RIGHT TO STOP WORK 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. 5. INSPECTION 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. 6. CORRECTION OF WORK 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. 7. CONTRACTOR'S OBLIGATIONS AND SUPERINTENDENCE 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 required. 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. 8. TIME OF COMPLETION 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) issuance. 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. 9. CHANGES IN THE WORK 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 proceed. 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 adjustment. 10. DIFFERING SITE CONDITIONS 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." 11. DISPUTES 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. 12. REPORTS, RECORDS AND DATA 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. 13. QUANTITIES OF ESTIMATES 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." 14. PAYMENT FOR MODIFICATIONS 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. 15. FINAL PAYMENT 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. 16. NO WAIVER OF RIGHTS 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. 17. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 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 SPECIFICATIONS APPENDIX 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 Document 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 BID PRICE SHEET 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. BID ITEM DESCRIPTION UNIT ESTIMATED UNIT COST EXTENDED QUANTITY COST 1 Mobilization Lump Sum 1 2 Traffic Control Lump Sum 1 3 Site Safety Plan Lump Sum 1 4 Clear Utilities Lump Sum 1 5 Excavation Safety Fence Lump Sum 1 6 Soil Excavation Non-affected Soil Tons 50 Petroleum-Affected Tons 980 7 Load & Transport contaminated Soil to La Crosse County Landfill Tons 980 8 Concrete Disposal Tons 0 9 Backfill (placed & Compacted) Sand Tons 935 ¾ fill gravel/fines Tons 45 Non-affected Soil Tons 50 TOTAL BID AMOUNT (Sum of Lump Sum Items plus Extended Unit Price Items) TOTAL BID AMOUNT FOR DETERMINATION OF LOWEST BID (BASIS OF AWARD) FOR PROJECT NO. 10 RRLG: _______________________________________________________________________________Dollars and___________________________Cents (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 _________________________________________ _________________________________________ _________________________________________ _________________________________________ Name _________________________________________ Title _________________________________________ Signature _________________________________________ Date _________________________________________ RFB #J-016-08 MAJOR SUBCONTRACTOR LIST 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 _________________________________________ _________________________________________ _________________________________________ _________________________________________ Name _________________________________________ Title _________________________________________ Signature _________________________________________ Date _________________________________________ STATE OF WISCONSIN Bid / Proposal # J-016-08 DOA-3477 (R05/98) Commodity / Service PAYNE PROPERTY – SENECA, WI VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME FEIN Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 2. State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 3. State 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. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 4. State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. STATE OF WISCONSIN Bid / Proposal # DOA-3478 (R12/96) J-016-08 Payne Property – Seneca, WI VENDOR REFERENCE FOR VENDOR: 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 BID CHECKLIST 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 item. 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. NOTE: The State reserves the right to reject incomplete bids.