Departments of Transportations (DOTs) and some municipal transportation departments have sustainability policies, programs and projects that are consistent with their environmental philosophy, stewardship guidance and mission statements. They fund numerous types of research projects in an attempt to protect and enhance the traveling public (community), the local environment and economic-social resources.  Some DOTs and municipalities have programs or guidance that address sustainability based element integration into transportation planning, NEPA, design, operation and maintenance and demolition. Many sustainability based actions are consistent with state and local climate action plans and existing stewardship guidance.

One of the main sustainability program challenges facing DOTs and municipal transportation departments is the ability to require the execution of sustainable actions from planning, design consultants and construction contractors directly within contracts or request for proposal (RFP) scopes of work. This is a significant gap in a transportation based sustainability program.  Consultants and contractors will not perform sustainable actions unless there is a requirement directed by the DOT. Without incentives or detailing specific requirements, consultants and contractors will not be proactive in the incorporation of sustainably elements into their projects. There are enormous opportunities that can be gained by providing sustainability based direction, leadership and guidance to consultants and contractors. 

I understand there are two types of contract mechanisms used to obtain consulting and contracting services. The typical design-bid-build projects use the standard lowest bid method which is the required or preferred method of procurement for many transportation departments. The design-build projects can use the Best Value Method of contracting.  

Regardless of the contract vehicle, sustainability requirements could be inserted into the RFP’s scope of work.  Competing teams must develop their proposals in a way that addresses these required elements. The winning team therefore must develop or implement sustainable or “green designs” based on the RFP requirements. 

The following are some thoughts and contracting options that should be considered by transportation organizations that have or are considering developing sustainability programs. To implement these ideas or options, it important that upper engineering, environmental and maintenance management endorse and support the sustainability concept:  

• For design build and design/bid/build projects, RFPs could require that contractors develop a sustainability plan as part of the proposal submission that will be evaluated with the entire bid package. Compliance to the submitted plan will be required by contract and reviewed throughout the project.
• For design build and design/bid/build projects, RFPs could require that contractors develop a sustainability plan after the project award that must be approved by the appropriate DOT Sustainability Coordinators. Compliance to the approved plan will be required by contract and reviewed throughout the project.
• Sustainability plans should, at a minimum, contain the following elements: a material re-use and recycling, emissions control, public outreach and feedback meetings, water conservation, environmental enhancement, context sensitive design, energy conservation and cost effective long term operation and maintenance. 
• As part of the RFP, designers could be required to participate as a team member in DOT or municipal internal transportation sustainability programs (such as GreenLITES or GreenRoads).
• Economic incentives for contractors have already been used to accelerated contract schedules; therefore, incentive clauses could be added within the RFP or contract for the design and implementation of sustainability-based actions.  Additional environmental impact avoidance beyond the NEPA document or the reuse/recycling of at least 75% of construction waste are just a few examples. 
• Proposal scoring criteria for designer/contractor proposals could be modified to address sustainability requirements based upon state or local sustainability orders, climate change initiatives and overall natural resource management.
• It is my understanding that the FHWA “Every Day Counts” concept could suggest the development of template contract language for design/build projects and General Manager/General Contractor (CMGC) type projects. FHWA could help promote and integrate sustainability into design and construction projects by providing strong guidance in this template contract model that is consistent with their documented sustainability philosophy.