Moss American RFQ Lowery.pdf

REQUEST FOR QUALIFICATIONS

Moss-American Co., Inc. (Kerr-McGee Oil Co.) Superfund Site, Milwaukee, WI Remedial Design and Bid Specifications

November 04, 2024 Wisconsin DNR – Bureau for Remediation and Redevelopment

RFQ# 25-488-41

Remedial Design and Bid Specifications

November 04, 2024 Wisconsin DNR – Bureau for Remediation and Redevelopment

RFQ# 25-488-41

TABLE OF CONTENTS

1. INTRODUCTION

1.1. Project Outline

2. SCOPE OF SERVICES

2.1 Overview

2.2 Remedial design for soil excavation and off-site disposal

2.3 Development of remedial action bid specifications

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

4.1 Process Overview

4.2. Rejection

4.3. Award

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

Attachment 1: DNR Professional Services Contract Attachment 2: EPA Terms and Conditions Attachment 3: Summary Report of Supplemental Site Investigation – PZ-03 Area Attachment 4 Explanation of Significant Differences, Moss American Superfund Site

1. INTRODUCTION

1.1. Project Outline

Moss American Co., Inc. (Moss American) is a Superfund site with significant investigation and remediation conducted in the recent past and scheduled for the future. The most recent work included ongoing groundwater monitoring but also soil sampling to determine the source of persistently elevated naphthalene concentrations (with overlying free product) in groundwater around monitoring well PZ-03. These additional investigation activities revealed that additional soil remediation is needed at the site. The Summary Report of Supplemental Site Investigation – PZ03 Area (Attachment 3) report dated May 3, 2022 summarized the results of additional investigation activities and recommended the excavation, partial treatment and eventual off-site disposal of approximately 3,500 tons of creosote-impacted soil from the areas of monitoring wells PZ-03E and PZ-03H and groundwater remediation using aerobic microbes. The recommendations were the basis for EPA’s May 2024 Explanation of Significant Differences (ESD) decision document (Attachment 4) and this Request for Qualifications (RFQ). Based upon responses to this RFQ and a subsequent Request for Proposals (RFP), The Wisconsin Dept of Natural Resources (DNR) will select and contract with a consultant to prepare a detailed Remedial Design (RD) and subsequent bid specifications of the work described herein.

2. SCOPE OF SERVICES

2.1 Overview

A more detailed scope of work (SOW) will be provided in the RFP. In general, the services anticipated for the SOW for the RD and bid specifications

2.2 Remedial design for soil excavation and off-site disposal Potentially utilizing a push-probe rig to collect soil samples saturated with free product and analysis of the soil samples for treatability testing and treatment recipes to inform RD development.

Excavation of a combined total of approximately 3,500 tons of impacted soil from the areas of monitoring wells PZ-03E and PZ-03H (see Soil Quality Map, Figure 6, from May 3, 2022 Summary Report of Supplemental Site Investigation – PZ-03 Area).

Disposal of impacted soil at a Subtitle C (hazardous waste) landfill, with the more impacted and NAPL-saturated (at depth) soil potentially requiring treatment (based upon treatability testing specified above) prior to disposal.

Application of aerobic microbes to enhance bioremediation of groundwater impacts exceeding the Enforcement Standard (ES) for naphthalene in the areas of piezometer PZ-03E and PZ-03H, upon completion of the soil remediation.

Development of a groundwater monitoring plan that will document the effectiveness of the remedial actions.

2.3 Development of remedial action bid specifications

Upon RD completion and approval by EPA and DNR, use the RD to assist DNR in developing bid specifications to enable the proposed work to be bid and contracted by DNR as soon as possible upon the allocation of funding for the remedial work. This will include a Request for Proposal (RFP) document(s), per DNR contracting requirements. For the purposes of this RFQ, firms should assume that there will be one RFP for all soil and groundwater remedial work and post-remedial groundwater monitoring. However, multiple RFPs may be needed. The consultant that prepares the RD discussed above will be responsible for all technical aspects of the RFP document, with DNR approval, and DNR will be responsible for all contractual-related aspects of the RFP document.

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.

4. CONSULTANT SELECTION PROCESS

4.1 Process Overview

The DNR is seeking Statements of Qualifications (SOQ) 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.

4.2. Rejection

The DNR reserves the right to reject any and all SOQs, to waive any informality in the SOQs that are received, to accept or reject any or all items in the SOQ, and to award contracts to two or more environmental consulting firms in whole or in part. Moreover, the DNR reserves the right to make no selection if the SOQs are deemed to be not in the best interests of the DNR.

4.3. Award

The DNR will select the respondent whose SOQ best meets the DNR’s needs as defined in this RFQ. Contractual commitments are contingent upon the availability of funds, and the number of sites identified for site assessments. All contracts are subject to the approval of the DNR’s legal counsel, and the DNR Secretary’s office prior to execution. Once awarded, the contracts will be the final expression of the agreement between the parties and may not be altered, changed or amended except by mutual agreement, in writing.

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

Remedial Design and Bid Specification Preparation December 04, 2024

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 soil and groundwater remedial design 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 including NR chs.

700-799, prepare bid specifications and answer related technical questions, 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 on the ability to scope a remedial design for off-site disposal including soil treatment to minimize disposal costs and for aerobic microbe groundwater remediation, formulate treatment of soil impacted by creosote and/or similar chemicals, and preparing engineering cost estimates for the associated soil and groundwater remediations described herein. 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 Wis. Admin. NR chs. 700-799, solid and hazardous waste and Superfund regulations, soil and groundwater remedial and monitoring design and associated cost estimates, formulating soil treatments to minimize disposal costs, and preparation of remedial bid/proposal specifications.

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 Summer 2025.

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

(25) Experience evaluating creosote or other petroleum hydrocarbon chemistry to formulate soil remedial treatment designs in order to minimize disposal cost.

(25) Experience preparing RDs involving soil treatment and off-site disposal of soil impacted by creosote or other petroleum hydrocarbons.

(10) Experience with RDs involving injection of aerobic microbes and any associated permitting requirements to enhance bioremediation of groundwater impacts

(10) Experience preparing bid specifications in accordance with RDs

(10) Experience working for the DNR RR Program on DNR-lead sites.

(10) Familiarity with requirements in Wis. Admin. Code, with emphasis on Wis Admin. §§ NR 718

(Management of Contaminated Soil or Solid Wastes Excavated During Response Actions) and 724 deliverables (Remedial And Interim Action Design, Implementation, Operation, Maintenance and Monitoring Requirements) and solid and hazardous waste storage and disposal regulations.

(4) Experience conducting work on EPA Superfund sites in accordance with CERCLA regulations.

(3) Experience creating post-remedial groundwater monitoring plans

(3) 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

December 4, 2024 – RFQ available date December 20, 2024 – Deadline for submitting written questions 4:00PM CDT January 17, 2025 – DNR posts answers to questions February 7, 2025 – SOQ Due at 12:00PM CDT February 7, 2025 – Opening announcing names of those submitting SOQs, 2:00PM CDT February 21, 2025 – Top-rated consultants notified

Estimated Schedule for Contract

Preparation and finalization of RFP for RD work – Winter 2024/25 Evaluation of proposals and selection of oversight engineer – Spring 2025 RD preparation, including any free product sampling – Summer 2025 RD finalization – Winter 2025/26 Remedial bid specifications finalization – Summer 2026

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_MossAmerican_Design.pdf

- Email Subject Line: MossAmerican_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.

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 February 7, 2025, at 2:00PM 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 1582767#

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