NR 747.69 NoteNote: As established in s. NR 747.30 (2) (s) and (i), the department will not reimburse costs, including interest costs, for unauthorized services that are performed by any party other than a firm which submitted a bid under s. NR 747.68 (2) and which is contracted with under this section, if they are conducted after the qualified low bid is determined under s. NR 747.68 (3).
NR 747.69 NoteNote: See sub. (4) for criteria that apply to an affected site after a bidder who submits the least costly qualified bid becomes disqualified, and no other bidder agrees to perform the work within the corresponding reimbursement cap.
NR 747.69(2)(2)Notification of consulting firm selection. No later than 14 days after any contract for remediation under sub. (1) is executed or terminated with the responsible party, the consulting firm shall submit to the department a notification form prescribed by the department.
NR 747.69(3)(3)Commencing work. The consulting firm that executes a contract under sub. (1) shall commence the work specified therein no later than 45 days after the contract is executed.
NR 747.69(4)(4)Rebidding or selection of next-lowest, qualified bid. Where a bidder who submitted the least costly qualified bid becomes disqualified under s. NR 747.67, and no other bidder agrees to perform the work identified in the notification under s. NR 747.68 (7) (b) or (c), within the reimbursement cap established under s. NR 747.68 (7), the department may either redirect the scope of work through the entire public bidding process in s. NR 747.68, or reinitiate that process at the bid evaluation stage in s. NR 747.68 (3).
NR 747.69 HistoryHistory: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a) to (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
NR 747.70NR 747.70Monitoring the progress of the scope of work in the bid.
NR 747.70(1)(1)Notification of progress.
NR 747.70(1)(a)(a) The consulting firm holding the contract required in s. NR 747.69 (1) (a) shall report to the department, in a format prescribed by the department, the progress toward completing the scope of work defined in the bid specifications, at each of the following points:
NR 747.70(1)(a)1.1. Three months after entering into the contract.
NR 747.70(1)(a)2.2. Twelve months after beginning the work in the successful bid, except as provided in subd. 6.
NR 747.70(1)(a)3.3. Twelve months after submitting the previous report required under this subsection, except as provided in subd. 6.
NR 747.70(1)(a)4.4. No later than 10 days after encountering a change in circumstances, as specified in sub. (3).
NR 747.70(1)(a)5.5. At any other frequency directed by the department.
NR 747.70(1)(a)6.6. No later than 30 days after completing the work.
NR 747.70(1)(b)(b) For occurrences that are not covered under s. 101.144 (2) (b), Stats., the department shall send the DNR a copy of the reports received under par. (a).
NR 747.70 NoteNote: This paragraph is no longer effective and is subject to future repeal. Section 101.144, Stats., was repealed by 2013 Wis. Act 20. The “department” in this paragraph refers to the department of safety and professional services, which no longer has responsibility for occurrences under this section.
NR 747.70 NoteNote: See s. NR 747.71 (5) for special requirements for existing sites.
NR 747.70(2)(2)Failure to make progress. If the department determines that the consulting firm is failing to make adequate progress to complete the scope of work defined in the bid specifications for an amount not exceeding the reimbursement cap determined under s. NR 747.68 (7), the department shall so notify the responsible party and may reduce the reimbursement to accurately reflect the work completed.
NR 747.70 NoteNote: See s. NR 747.71 (5) for special requirements for existing sites.
NR 747.70(3)(3)Change of circumstances.
NR 747.70(3)(a)(a) For occurrences under the direction of the department, the department may review and modify the reimbursement cap, and may reinitiate the public bidding process in s. NR 747.68, based on a change in circumstances, if any of the following have occurred:
NR 747.70(3)(a)1.1. Substantial new contamination has been discovered on the site. Substantial contamination must increase remediation costs to either obtain closure or complete a defined scope of work. New contamination is contamination not previously identified, such as contamination in a broader area or deeper depth than previously identified.
NR 747.70(3)(a)2.2. Abnormal weather, previously unknown geologic conditions, or previously unknown subsurface structures have been encountered that directly affect the activities described in the least costly qualified bid identified under s. NR 747.68 (3).
NR 747.70(3)(b)(b) For occurrences under the direction of the department, the department may review and modify the reimbursement cap, and the department may reinitiate the public bidding process in s. NR 747.68, based on a change of circumstances, if any of the events in par. (a) 1. and 2. have occurred.
NR 747.70 NoteNote: See s. NR 747.71 (5) for special requirements for existing sites.
NR 747.70(4)(4)Disqualification from further work on a project.
NR 747.70(4)(a)(a) Grounds for disqualification. The department may disqualify any individual or firm from performing further work on a project, if the individual or firm has done any of the following:
NR 747.70(4)(a)1.1. Failed to complete a substantive portion of the defined scope of work within the corresponding portion of the reimbursement cap.