GLRI TSCA RFQ.pdf

REQUEST FOR QUALIFICATIONS

Remedial Design of Sediment Containing TSCA-Level PCBs Milwaukee Estuary Area of Concern (AOC)

Wisconsin DNR – Bureau for Remediation and Redevelopment

RFQ#24-411-20

Remedial Design of Sediment Containing TSCA-Level PCBs Milwaukee Estuary Area of Concern (AOC)

Wisconsin DNR – Bureau for Remediation and Redevelopment (Oct. 16, 2023 at 2:00 PM – SOQ Due Date)

TABLE OF CONTENTS

1. INTRODUCTION

1.1. Project Outline

1.2. AOC and Legacy Sediment Contamination

1.3. TSCA Sediment

2. SCOPE OF SERVICES

3. CONTRACT REQUIREMENTS

3.1. Eligible Program Costs

3.2. Copyrighted Material

3.3. Utilization of Disadvantaged Business Enterprises

3.3.1. State Requirements

3.3.2. Federal Requirements

3.4. Build America, Buy America

4. CONSULTANT SELECTION PROCESS

5. STATEMENT OF QUALIFICATIONS

5.1. SOQ Format Requirements

5.2. SOQ Content Requirements

5.2.1 Letter of Transmittal (maximum of 2 pages)

5.2.2 Title Page (maximum of 1 page)

5.2.3. Table Of Contents (no page limit)

5.2.4. Firm Profile (maximum of 2 pages)

5.2.5. PM Qualification (maximum of 2 pages)

5.2.6. EOR Qualification (maximum of 3 pages)

5.2.8. Geographic Presence and Capacity (maximum of 1 page)

5.2.9. Professional References (maximum of 1 page)

6. QUALIFICATION CRITERA

7. SCHEDULE AND PROCEDURES

7.1. Procurement Schedule

7.2. SOQ Submittal Requirements

7.3. Do Not Contact

7.4. RFQ Questions and Response

7.5. Incurred Costs

7.6. Confidential Matters

7.7. Assignment

7.8. SOQ Opening

Figure 1: Milwaukee Estuary AOC, Milwaukee, Wisconsin Figure 3-2: Milwaukee River Downtown Reach Attachment 1: DNR Professional Services Contract Attachment 2: EPA Terms and Conditions

1. INTRODUCTION

1.1. Project Outline

The United States Environmental Protection Agency (EPA) Great Lakes National Program Office (GLNPO) has awarded the Wisconsin Department of Natural Resources (DNR) a Great Lakes Restoration Initiative (GLRI) grant (No. 00E0453) to complete the remedial design for sediment having polychlorinated biphenyls (PCBs) greater than 50 parts per million (ppm) (“TSCA1 sediment”) in the Milwaukee Estuary Area of Concern (MKE AOC). On June 28, 2023, EPA and the DNR entered into a Cooperative Agreement to execute said grant. The grant is fully funded by the EPA and does not include any cost share from the DNR.

Through the Cooperative Agreement, the EPA provides the funds and the DNR manages, scopes, and hires a contractor through Wisconsin Administrative (Wis. Admin.) Code ch. NR 734 for remedial design service. The EPA retains approval authority; intends to be involved in this work; and has certain federal requirements that must be met for data quality, the federal register and grant reporting.

The DNR Remediation and Redevelopment (RR) Program is seeking Statements of Qualifications (SOQs) from qualified consultants interested in assisting the DNR with the remedial design of TSCA sediment in the MKE AOC.

The DNR intends provide request for proposals (RFP) to top-rated consultants from the responsive SOQs and to select one consultant for a Professional Services Contract for the remedial design of TSCA sediment from the responsive proposals.

While not a part of the current scope of service, the Professional Services Contract resulting from this RFQ process may be extended in the future to include engineering oversight for implementation of the remediation of the TSCA sediment. This is not a guarantee and will depend on available funding and the consultant’s performance for the design services.

1.2. AOC and Legacy Sediment Contamination

The rivers and harbors of the Great Lakes exhibiting the most severe degradation caused by pollution and habitat loss are known as AOCs. The Milwaukee Estuary was designated an AOC in 1987 and a Remedial Action Plan was initiated in 1991. Since then, significant progress has been made to improve conditions in the MKE AOC with the goal of removing beneficial use impairments and achieving delisting targets. Further information on the MKE AOC is available at https://dnr.wisconsin.gov/topic/GreatLakes/Milwaukee.html.

Sediments impacted with legacy contamination of PCBs, polycyclic aromatic hydrocarbons (PAHs) and heavy metals contribute to nearly all the beneficial use impairments within the MKE AOC. Cleanup of the legacy sediment contamination is a critical step toward delisting the AOC.

The EPA GLNPO has a Great Lakes Legacy Act (GLLA) project agreement with non-federal sponsors to remediate contaminated sediment in the Milwaukee River Floodplains, Milwaukee River Downtown Reach, the Kinnickinnic River (KK River), South Menominee Canal, as well as the inner and outer harbor and nearshore waters of Lake Michigan, also known as Milwaukee Bay. The boundary of the GLLA project agreement is shown on Figure 1.

Investigations, focused feasibility studies and treatability studies have been completed for sediment in the project area, and the EPA GLNPO has recommended remedial alternatives that include dredging an estimated 1.4 million cubic yards (cy) of contaminated sediment and disposal of the dredged sediment at a new Dredged Material Management Facility (DMMF) to be constructed in Milwaukee Bay. These activities are all covered under the GLLA project agreement.

1.3. TSCA Sediment

The sediment investigations completed to date have identified areas within the MKE AOC that contain TSCA sediment, which may not be disposed of in the DMMF and must be handled separately. Approximately 15,000 cy of TSCA sediment are estimated within the MKE AOC. Nearly all the TSCA sediment addressed by this RFQ is within

1 TSCA = Toxic Substances Control Act of 1976 15 U.S.C. §2601 et seq. (1976) https://dnr.wisconsin.gov/topic/GreatLakes/Milwaukee.html https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter53&edition=prelim the Milwaukee River Downtown Reach (approximate locations shown in Figure 3-2), with one additional small deposit in the KK River, north of the Lincoln Avenue bridge. Treatability studies have been conducted to begin evaluation of the management options for disposal of the TSCA sediment.

The remediation of the TSCA sediment has design considerations that go beyond handling and disposal. The TSCA sediment is generally buried below deposits of other contaminated sediment and abuts aging seawalls where there is limited information available on construction or current conditions. Utilities and debris are commonly encountered in these urban waterways, and access to the sediment can be limited by bridges over the river and development along the shorelines. The objective of the TSCA sediment remediation is to remove all or as much of the TSCA sediment as possible.

The EPA GLNPO plans to remediate the TSCA sediment using GLRI funds (separately from the GLLA sediment remediation project). The EPA GLNPO has awarded the DNR a GLRI grant to complete the remedial design for TSCA sediment. While not included in the GLLA sediment remediation, the remedial design of the TSCA sediment will require coordination with the EPA GLNPO and non-federal sponsors and consideration of the design and plans for the larger GLLA project. The TSCA sediment remediation may be completed in advance or in conjunction with the other GLLA work.

2. SCOPE OF SERVICES

A detailed scope of work (SOW) will be provided in RFP. In general, the services anticipated for the SOW for the remedial design for TSCA sediment include:

▪ Review existing information (to be provided by EPA GLNPO) and recommend additional investigation or testing needed to complete the remedial design for TSCA sediment. If additional investigation or testing are needed:

- Prepare a Quality Assurance Project Plan (QAPP)2 and revise as needed for EPA approval.

- Develop a pre-design investigation workplan and implement the approved plan, including documentation of the work in accordance with NR 700 requirements.

▪ Assist with determinations under Section 106 National Historic Preservation Act, consultation under Section 7 Endangered Species Act, and similar state requirements for historic preservation and protected plant and animal species (Wis. Stat. chs. 44 and 23).

▪ Identify staging areas for construction and disposal options for TSCA sediment.

▪ Provide geotechnical analysis of seaway stability near the TSCA sediment remediation areas and develop plan to maximize the dredge volumes of TSCA sediment with appropriate safety factor.

▪ Prepare engineering design plans and specifications for TSCA sediment remediation, with deliverables anticipated at the 60, 90 and 100 percent design stages.

▪ Develop engineering cost estimates for the preliminary and final designs.

▪ Evaluate and report on the constructability prior to finalizing the design.

▪ Prepare a Wis. Admin. Code ch. NR 724 Remedial Action Design Report and a construction quality assurance (CQA) plan.

▪ Assist with applications for federal and state permits and approvals for the remedial action, including but not limited to; TSCA, Rivers and Harbors Act Sections 10 and 408, Clean Water Act Sections 401 & 404 and Wis. Stat. chs. 23, 30, 281, 283, 285 and 292.

▪ Assist with development of materials and participate in public outreach.

▪ Summarize design plans and progress to EPA GLNPO and other partners for the GLLA project.

2 Prepared in accordance with EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans. An approvable plan must be submitted to EPA at least 90 days prior to initiating data collection or compilation per 2 CFR 1500.12.

https://www.epa.gov/quality/epa-qar-5-epa-requirements-quality-assurance-project-plans

3. CONTRACT REQUIREMENTS

A selected consultant will be provided with DNR's standard Professional Services Contract (Attachment 1) and a copy of the EPA general Terms and Conditions (Attachment 2). If the firm cannot agree with the DNR’s contract provisions and applicable EPA terms, the DNR will select another consultant. The DNR will not negotiate contract language.

A consultant that submits its qualifications to the DNR under this RFQ does so acknowledging that they have reviewed and can comply with the DNR’s contract requirements and applicable EPA terms and conditions, including the following:

3.1. Eligible Program Costs

Eligible program costs include costs for contractual support if those costs are reasonable and allocable to tasks specified in an approved scope of work for carrying out the activities. A contractor's indirect costs that are otherwise reasonable (i.e., 10% or less based on the DNR's preference) and normally charged to cost reimbursement contracts are allowable under this funding source.

3.2. Copyrighted Material

No documents or information that is developed and paid for under this initiative for the DNR may be copyrighted by any consultant. All data, documentation, and innovations developed as a results of the contracted services become the property of the State of Wisconsin.

In accordance with 2 CFR 200.315, EPA has the right to reproduce, publish, use, and authorize others to reproduce, publish, and use copyrighted works or other data developed under this assistance agreement for Federal purposes.

3.3. Utilization of Disadvantaged Business Enterprises

The consultants shall make every effort to meet both state and federal requirements for Disadvantaged Business Enterprises (DBEs).

3.3.1. State 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-owned businesses (MBEs) and 1% of its total purchasing power with disabled veteran-owned businesses (DVBs). Authority for this program is found in ss.

15.107(2), 16.75(3M), 16.75(4), and 16.755, Wisconsin Statutes. MBEs and DVBs certified by the Wisconsin Department of Administration (DOA), Supplier Diversity Program should have the maximum opportunity to participate in the performance of its contracts. A searchable listing of certified MVBs, DVBs and women-owned business enterprises (WBEs) and the services and commodities they provide, is available at:

http://wisdp.wi.gov/search.aspx.

3.3.2. Federal Requirements

Consultants shall comply with the requirements of the EPA’s DBE Program contained in 40 CFR, Part 33. Additional information on procurement and reporting are provided in Section 27 of the EPA Terms and Conditions in Attachment 2.

3.4. Build America, Buy America

Work under this contract will be subject to the Buy America Sourcing requirements under the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58, §§70911-70917) for the types of infrastructure projects under the EPA program and activities specified in EPA’s Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America, Buy America Provisions of the Infrastructure Investment and Jobs Act. None of the funds provided under this EPA grant may be used for a project of infrastructure unless all iron and steel, manufactured products, and construction materials that are consumed in, incorporated into, or affixed to an infrastructure project are produced in the United States.

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=79281e85cfcc7f4f6d2dd7d5b4257b62&mc=true&n=pt2.1.200&r=PART&ty=HTML#se2.1.200_1315 http://wisdp.wi.gov/search.aspx https://www.congress.gov/bill/117th-congress/house-bill/3684/text https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build-0 https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build-0 https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build-0

4. CONSULTANT SELECTION PROCESS

The DNR is seeking SOQs from firms to evaluate their ability to perform the services outlined in Section 2. The SOQs must be relevant to the individuals that will be performing the work of this contract. Once the SOQs are received and evaluated, the top-rated firms will be invited to submit a formal proposal for services. A separate RFP will be issued to selected firms along with the SOW.

5. STATEMENT OF QUALIFICATIONS

Consultants are encouraged to review the Qualification Criteria in Section 6 and submit an SOQ that demonstrates how the firm’s proposed project team meets these criteria.

5.1. SOQ Format Requirements

The SOQ should be submitted following the sequence and contents requirements below. The submittal should be in 10-point, Calibri font, and follow the maximum page allowance for each section. Failure to comply with these requirements may be cause for the SOQ to be considered nonresponsive and not receive further consideration.

5.2. SOQ Content Requirements

5.2.1 Letter of Transmittal (maximum of 2 pages)

This letter should be signed by the proposed Project Manager (PM) and Engineer of Record (EOR) and should state the consultant’s understanding of the scope of services and the qualifications of the firm’s project team to perform the work for the DNR.

5.2.2 Title Page (maximum of 1 page)

The title page should state that it pertains to:

STATEMENT OF QUALIFICATIONS

TSCA Sediment Remediation Design – Milwaukee Estuary AOC Wisconsin DNR – Bureau of Remediation and Redevelopment

October 16, 2023

It must include the name of the proposing firm, address, telephone number, name and email address of the proposed PM and the submittal date.

5.2.3. Table Of Contents (no page limit)

The table of contents should identify each section of the SOQ and the beginning page numbers of each section and all appendices.

5.2.4. Firm Profile (maximum of 2 pages)

Describe the range of services that the firm provides directly related to this RFQ. Emphasis should be on design and permitting for dredging of contaminated sediment, experience working with TSCA regulations and understanding of working collaboratively with the DNR RR Program as a client.

5.2.5. PM Qualification (maximum of 2 pages)

Describe the pertinent qualifications and specific project experiences of the proposed PM. Emphasis should be made on the ability to maintain project scope, schedule, and budget, follow Wis. Admin. Code NR chs. 700-799, work and communicate effectively with the DNR RR Program as a client and collaborate with an external project team. Include the PM's resume in this section; resume counts toward total page count.

5.2.6. EOR Qualification (maximum of 3 pages)

Describe the pertinent qualifications, years of experience, and specific project experiences of the proposed EOR.

Emphasis should be made on the ability to scope and oversee a pre-design investigation and experience developing plans and specifications for remediation of contaminated sediment (particularly dredging), experience dredging around utilities, debris, and other constraints typical of an urban setting, assessing constructability of a design, and preparing engineering cost estimates for a proposed design for sediment remediation. Include the EOR’s resume in this section; resume counts toward total page count.

The DNR requires the EOR to be a registered professional engineer (PE) in the State of Wisconsin, and to sign, stamp and certify documents in accordance with local, state and federal requirements, and to include the certification statement in NR 712.09(3)(a) for the applicable Wis. Admin. Code ch. 724 reports prepared for this project. Include the EOR’s credentials and PE license number for Wisconsin.

5.2.7. Project Team Qualifications (maximum of 6 pages)

Describe the pertinent qualifications of others on the proposed project team and provide project summaries to demonstrate the project team’s experience related to successful execution of work covered in this RFQ.

Descriptions should list individual's expertise, years of experience, and potential roles and responsibilities for the project. This section may include resumes or summaries of qualifications and experiences, all count toward the total page count.

Qualifications of the project team may overlap with those of the PM and EOR but should also demonstrate the team satisfy the Qualification Criteria (see Section 6) and have qualifications to best complete the anticipated scope of service (e.g., understanding of TSCA regulations, geotechnical expertise to design for sediment dredging adjacent to seawalls and permitting and reporting for sediment dredging in Wisconsin).

5.2.8. Geographic Presence and Capacity (maximum of 1 page)

Identify the work location(s) of the PM, EOR and proposed project team with capacity to complete the requested services starting in January 2024.

5.2.9. Professional References (maximum of 1 page)

List two non-DNR, professional references and the name, email address, and telephone number of a person to contact for each. List the date(s) and type of work the firm completed for each reference. References should be clients that can attest to quality of work completed that relate to this RFQ.

6. QUALIFICATION CRITERA

The SOQs will first be reviewed to determine if the format (Section 5.1), content (Section 5.2) and submittal requirements (Section 7.2) are met. Failure to meet these basic requirements may result in an RFQ being rejected.

Accepted SOQs will be evaluated and rated by a review committee based on the following criteria:

Max Rating Qualification Criteria

(30) Experience preparing sediment dredge prisms, designs and specifications.

(12) Knowledge of regulations for handling and disposal of TSCA-remediation waste.

(12) Understanding of constructability and cost for sediment dredging in an urban setting.

(10) Geotechnical expertise to assess seawall stability and safely maximize sediment removal volume.

(8) Experience with pre-design investigations for remediation of contaminated sediment.

(8) PM’s ability to work collaboratively with DNR RR and success in managing engineering design.

(5) Familiarity with EPA QAPP requirements and ability to efficiently prepare an approvable QAPP.

(5) Tools and ability to communicate effectively with the public and project partners.

(5) Familiarity with Wisconsin permit requirements and Wis. Admin. Code ch. NR 724 deliverables.

(5) Geographic presence and capacity.

References must be provided now and may be checked to clarify or support rating of qualification criteria during review of the SOQs. References for top-rated consultants will be checked as part of the final selection process for award of the Professional Services Contract for the project.

7. SCHEDULE AND PROCEDURES

7.1. Procurement Schedule

Key dates in the selection process are listed below. Dates are subject to change, except the deadline for SOQ questions and the SOQ due date.

Schedule for SOQ

▪ Sept. 13, 2023 – RFQ available date

▪ Sept. 27, 2023 – Deadline for submitting written questions 4:00PM CDT

▪ Sept. 26 and Oct. 3, 2023 – DNR posts answers to questions

▪ Oct. 16, 2023 – SOQ Due at 2:00PM CDT

▪ Oct. 16, 2023 – Opening announcing names of those submitting SOQs, 3:00PM CDT

▪ Oct. 25, 2023 – Top-rated consultants notified

Estimated Schedule for Contract

▪ Oct. 26, 2023 – RFP and SOW provided to top-rated consultants from SOQ

▪ Week of Nov 27th – Proposals due

▪ Week of Dec. 4th – Interviews conducted

▪ Week of Dec 11th – DNR selects consultant(s) to open cost and scope negations

▪ Week of Jan. 1, 2024 – Professional Services Contract signed with selected consultant

7.2. SOQ Submittal Requirements

Respondents must submit their SOQs as follows:

▪ Submit electronically as a PDF via email to matthew.meyer@wisconsin.gov.

▪ The PDF of the SOQ must be text searchable and include bookmarks to each section.

▪ Use the following naming conventions:

- File Name: FIRMNAME_SOQ_TSCA_Sediment_Design.pdf

- Email Subject Line: TSCA Sediment Design SOQ: Firm Name

▪ Submit any time prior to the SOQ Due Date (an email will be sent to verify receipt).

7.3. Do Not Contact

Do not contact any DNR staff related to this RFQ except for submittal question to the email address below.

Unauthorized contact with any DNR personnel will be cause for disqualification.

7.4. RFQ Questions and Response

Questions must be submitted via e-mail prior to the deadline for questions to Matthew Meyer at matthew.meyer@wisconsin.gov. Questions submitted by telephone will not be accepted.

Copies of the questions and the DNR’s response will be posted on the RR Program’s Public Notices webpage at https://dnr.wisconsin.gov/topic/brownfields/publicnotices.html. It is the responsibility of the respondent to periodically check the RR Program’s Public Notices to receive any response to questions and addenda for this RFQ and to verify the SOQ submittal includes the information requested in the final RFQ.

7.5. Incurred Costs

Respondents submitting SOQs do so entirely at their own expense. There is no expressed or implied obligation by the DNR to reimburse any individual or firm for any costs incurred in preparing or submitting responses, for providing additional information when requested by the DNR, or for attending and/or participating in any follow-up interviews and negotiation sessions.

mailto:matthew.meyer@wisconsin.gov mailto:matthew.meyer@wisconsin.gov

7.6. Confidential Matters

If any information submitted in the SOQ is considered confidential or proprietary, the respondent must identify this information by completing and including the Designation of Confidential and Proprietary Information (DOA- 3027) with their proposal. A copy of form DOA-3027 is available at https://doa.wi.gov/Forms/DOA- 3027DesignationofConfidentialandProprietaryInformation.doc.

7.7. Assignment

The selected consultant may not reassign any portion of the work that is awarded as a result of this RFQ, without prior written consent from the DNR.

7.8. SOQ Opening

A public opening will be held on Oct. 16, 2023, at 3:00PM via a Teams conference call. To participate in the public opening, please dial the phone number +1 608-571-2209 and when prompted, dial the pin number 185445891#.

The names of all consultants that submitted an SOQ in response to this RFQ will be read aloud at that time.

https://doa.wi.gov/Forms/DOA-3027DesignationofConfidentialandProprietaryInformation.doc https://doa.wi.gov/Forms/DOA-3027DesignationofConfidentialandProprietaryInformation.doc