Request for Qualifications AML - ETHEL HOLLOW STREAM RESTORATION DESIGN BUILD AEOI DEP26-02.pdf

Request for Qualifications – Ethel Hollow Stream Restoration

Request for Qualifications

This REQUEST FOR QUALIFICATIONS (“RFQ”) from the Owner named below invites the submittal of a Statement of Qualifications (“SOQ”) from firms interested in providing design-build services for the Project described below. By submitting an SOQ, the Offeror represents that it has carefully read the sections of this RFQ and all attachments and Addenda and agrees to be bound by them. This RFQ is not an offer to enter into a contract, but merely a solicitation of persons interested in submitting a SOQ to the Owner for the Project.

The Solicitation may contain mandatory provisions identified using the words “must,” “will,” and “shall.”

Failure to comply with a mandatory term in the Solicitation will result in Submittal disqualification.

OWNER:

West Virginia Department of Environmental Protection (WVDEP) 601 57th St. SE, Charleston, WV 25304

PROJECT:

Ethel Hollow Stream Restoration

WVDEP CONTACT PERSON:

Jessica Chambers Smith jessica.chamberssmith@wv.gov Cc: DEPProcurement@wv.gov 601 57th St. SE, Charleston, WV 25304

Please note: ALL QUESTIONS REGARDING THIS REQUEST FOR QUALIFICATIONS MUST BE

SUBMITTED TO THE WVDEP CONTACT PERSON ABOVE. ANSWERS WILL BE PUBLISHED VIA

ADDENDUM PRIOR TO THE DATE OUTLINED IN THE PROJECT PROCUREMENT SCHEDULE

(SECTION 2.5). SUBMITTED EMAILS MUST HAVE THE SOLICITATION NUMBER IN THE SUBJECT

LINE.

SOQ DUE DATE AND TIME

Offeror’s SOQ shall be submitted no later than: March 25, 2026, at 10:30 a.m. local time.

All SOQs must be submitted pursuant to the instructions below. It is the Offeror’s sole responsibility to ensure that the SOQ is delivered in the manner required by this RFQ by the Due Date and Time indicated above. The WVDEP has the right to reject any SOQs not properly delivered.

Submission of the SOQ will be in wvOASIS.

wvOASIS can be accessed online at https://prd311.wvoasis.gov/PRDVSS1X1ERP/Advantage4 Offerors can search for the RFQ using keywords *Ethel*Hollow*

Six (6) hard copies of the SOQ must be delivered to the owner’s address, listed above, in addition to the electronic submission. These must be delivered to the Owner’s address by the due date listed above.

mailto:jessica.chamberssmith@wv.gov mailto:DEPProcurement@wv.gov https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprd311.wvoasis.gov%2FPRDVSS1X1ERP%2FAdvantage4&data=05%7C02%7Cselothman%40burnsmcd.com%7C709e9750e1044651443b08dcf77d0038%7Cbfbb9a2b6d994e78b3c795005d555c8b%7C0%7C0%7C638657363451877161%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=v0z281BLWhmdLDodvYsxgeSF8i5YkFiSbt8ATKtBDW0%3D&reserved=0

SECTION 1: OWNER DESCRIPTION

1.1 General

The West Virginia Department of Environmental Protection (WVDEP) enforces state and federal environmental laws in West Virginia to help protect the air, water, and land. The WVDEP’s mission is to promote a healthy environment using over 800 employees in nine different locations. More specifically, the WVDEP’s Division of Land Restoration (DLR), whose mission is to reclaim and remediate contaminated and disturbed land to a condition protective of public health and safety and suitable for productive reuse and economic development. With respect to lands impacted by coal mining operations, the WVDEP is responsible for delivering projects associated with restoration and reclamation of these lands.

In response to the passing of WV Senate Bill 439, WVDEP has established a Design-Build Pilot Program aimed at delivering projects using design-build project delivery. From abandoned mine land reclamation, stream restoration to subsidence and more, the pilot program seeks to utilize Design-Build Institute of America (DBIA) best practices in alignment with WVDEP policies and preferences.

The Ethel Hollow Stream Restoration project will be delivered under the Abandoned Mine Lands (AML) program which oversees and facilitates the resolving of public safety issues such as mine fires & subsidence, hazardous highwalls, mining-impacted water supplies, open shafts and portals, and other dangers resulting from mining before 1977.

1.2 Funding/Authority

This project will be funded with monies from the Bipartisan Infrastructure Law, which is federal funding. This will require conformance to federal funding requirements including the Davis-Bacon Act and Build America, Buy America Act at a minimum.

1.3 Procurement Website

Procurement information can be found at https://www.wvoasis.gov/. Registration guidance is provided on the website.

SECTION 2: OVERVIEW OF PROJECT

2.1 General

2.1.1 Purpose

The West Virginia Department of Environmental Protection (WVDEP) is soliciting Statements of Qualifications (SOQs) from qualified Design-Build Entities to provide Progressive Design-Build (PDB) services for the Ethel Hollow Stream Restoration project.

The Owner intends to collaborate closely with the selected Design-Builder to refine the project scope, schedule, and budget in Phase 1 (Preconstruction & Design Development) before proceeding with Phase 2 (Final Design & Construction).

2.1.2 Project Overview

The Ethel Hollow project is located near Ethel, West Virginia in the Guyandotte River Watershed in Logan County. The project area has been impacted by pre-law deep mining activities. West Virginia DEP’s AML Program has completed previous reclamation projects at this site, including sealing off open portals and mine entries and stabilization of coal https://www.wvoasis.gov/ refuse piles. This project is focused on efforts to improve the impacted streams on the site.

DEP’s Planning team has identified 4.46 miles of stream with altered stream flow, reduced overall capacity, and areas where new channels have formed. This has caused the stream to have no appropriate substrate to support aquatic life and a lack of a floodplain, as well as flooding during storm events. The goal of this project is to perform reclamation and restoration work within the project area, potentially including the mainstream stems of Ethel Hollow, Little Dark Hollow, Big Dark Hollow and associated tributaries. More specifically, DEP is seeking to perform work, informed by the selected Design-Build team, that optimizes improvements within the project budget and limits the likelihood that other site features may negate improvements made as part of this project. The project scope is likely to include design and construction of elements to stabilize the side slopes and stream banks and establish stream habitat structures to support aquatic life and dissipate stream energy. The project requires zero net impact on property owner-held carbon credits; DEP cannot compensate any parties for carbon credit impacts, including payments to mitigation banks.

2.2 Project Objectives

Establish a collaborative relationship between the WVDEP and the Design-Build Team in working together to meet the project objectives.

Evaluate potential innovative approaches to enhance the value and/or reduce the risk of the work to WVDEP and Design-Build Team.

Design and construct a project that optimizes improvements within the project budget and limits the likelihood that rework may be required in the future.

Maintain a safe, injury free work site.

Minimize impacts to project stakeholders through close coordination with WVDEP.

Demonstrate the advantages and disadvantages of design-build delivery.

Regular reporting of project progress for feedback to WVDEP.

Design-Builder activities to have zero net impact on property owner held carbon credits within the project boundary throughout the project lifecycle.

2.3 Project Description

See Attachment A.

2.4 Estimated Budget

The current available budget for the project as described in Attachment A is $15 million.

2.5 Project Procurement Schedule

The following is the Project Procurement Schedule. This schedule is subject to change. The due dates for questions and SOQ and Proposal due dates are firm unless these dates are changed via Addendum.

Activity Date Issue RFQ February 10, 2026 Last Date to Submit Questions Regarding the RFQ February 27, 2026 by 10 a.m.

Last Date for WVDEP Responses to Questions March 13, 2026 SOQ Due Date March 25, 2026 Notification of Short-Listed Offerors and RFP Issuance To Be Determined

Mandatory Pre-Proposal Meeting and Site Walk Through for Short Listed Offerors

To Be Determined

Confidential Individual Meetings To Be Determined Proposal Due Date and Interviews with Short Listed Offerors

To Be Determined

Notification of Preferred Offeror To Be Determined

2.6 Definitions

2.6.1 Business Day: Any day on which the WVDEP is open for regularly conducted business.

2.6.2 Confidential Individual Meetings: The confidential/proprietary meeting(s) conducted individually between the WVDEP and each Short-Listed Offeror after the issuance of the RFP. All Confidential Individual Meetings will be conducted pursuant to the instructions in the RFP, and all participants may be required to enter into a confidentiality agreement before the meeting. Confidential Individual Meetings include Proprietary Meetings prior to the submission of the Technical Proposal.

2.6.3 Design-Builder: The entity with the prime design-build contract with the WVDEP. Also known as the Successful Offeror.

2.6.4 Design-Build Team: All entities listed by the Design-Builder as providing services or construction on the Project. The Design-Builder is not required to list all members of the Design-Build Team in the SOQ. Members of the Design-Build Team may also be referred to as “Team Members.”

2.6.5 Key Team Member: Individuals who will be assigned to the Project who play an important role in the design, construction, or management of the Project.

2.6.6 Offeror: An entity who submits a Statement of Qualifications for consideration for selection for this Project.

2.6.7 Procurement: WVDEP’s process for selecting a Design-Build Team for this Project.

2.6.8 Procurement Documents: All documents issued by the WVDEP in connection with the

Procurement or Project.

2.6.9 RFP: WVDEP’s Request for Proposals, which will be issued to those Short-Listed Offerors who are selected to proceed to the next phase of this Procurement.

2.6.10 RFQ: WVDEP’s Request for Qualifications, this document.

2.6.11 Statement of Qualifications (SOQ): Offerors response to the RFQ, including all required information.

SECTION 3: PROCUREMENT PROCESS

3.1 General Information

3.1.1 Compliance with Legal Requirements

This Procurement will be in accordance with WVDEP policies and procedures as well as all applicable federal, state, and local laws.

3.1.2 Conflict of Interest and Communications with the WVDEP

a. The following organizations may not be part of any team and are prohibited from participating in the Project as a member of a Design-Build team.

i. Burns & McDonnell Engineering Company, Inc.

b. Offeror, its officers or members or employees, shall not presently have or acquire an interest, direct or indirect, which would conflict with or compromise the performance of its obligations hereunder. Offeror shall periodically inquire of its officers, members and employees to ensure that a conflict of interest does not arise. Any conflict of interest discovered shall be promptly presented in detail to the WVDEP.

c. Offerors are required to conduct the preparation of their SOQs with professional integrity and free of lobbying activities. Communication with WVDEP regarding this Project shall be through the contact person listed. Do not communicate about the Project or the Procurement with any other WVDEP employees, representatives, or consultants. Communication with other WVDEP employees, representatives, or consultants regarding the Procurement may cause the firm involved to be disqualified from submitting under this Procurement. Any verified allegation that a responding Offeror or Team Member or an agent or consultant of the foregoing has made such contact or attempted to influence the evaluation, ranking, and/or selection of short-listed Offerors may be the cause for WVDEP to disqualify the Offeror team from submitting an SOQ or Proposal, to disqualify the Team Member from participating in the Procurement, and/or to discontinue any further consideration of such Offeror or Team Member.

d. Following the WVDEP’s approval of the Short-Listed Offerors, WVDEP anticipates that certain communications and contacts will be permitted. The RFQ, RFP and/or other written communications from WVDEP will set forth the rules and parameters of such permitted contacts and communications. To the extent any Offeror intends at any time to initiate contact with the general public regarding the Project or property owners who may be impacted by the Project, the nature of such intended contact and the substance thereof must be approved in writing by WVDEP prior to the commencement of such activities.

3.1.3 Expenses of Offeror and Payment of Stipend

With the exception of the payment of the Stipend as noted below, the WVDEP accepts no liability for the costs and expenses incurred by firms in responding to this Procurement. Each Offeror that enters into the Procurement process shall prepare the required materials, the SOQ, and the Proposal at its own expense and with the express understanding that the Offeror cannot make any claims whatsoever for reimbursement from the WVDEP for the costs and expenses associated with the process, even in the event the WVDEP cancels this Project or rejects all Proposals. All proposals received will become the property of the WVDEP. The WVDEP will pay a stipend in the amount of $15,000 to the Short-Listed Offerors responsible submitting responsive and complete Proposals to the RFP that remain in competition until the point of Contract award but who are not awarded the Design-Build Contract.

3.1.4 Public Disclosure

Vendor’s response to the Solicitation and the resulting Contract are public documents.

As public documents, unless otherwise noted, they will be disclosed to the public following the award of the Project, as required by §22-34-1 et seq., and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.

Submission of any bid, proposal, or other document to the WVDEP constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document without notice. Other than organizational safety information, which will be determined to be CONFIDENTIAL, DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE

CONFIDENTIAL, A TRADE SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC

DISCLOSURE. The WVDEP will disclose any other information included in an Offeror-provided document regardless of labeling as “confidential,” “proprietary,” “trade secret,” “private,” or labeled with any other claims against public disclosure of the documents, to include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq.

3.1.5 Protest Procedures

The protest procedures applicable to the Procurement are set forth in 60CSR10 TITLE 60: Procedural Rule Department of Environmental Protection Secretary’s Office §60-10- 6 Protests.

3.2 Owner Rights and Procurement Conditions

3.2.1 WVDEP reserves without limitation, and may exercise at its sole discretion, the following rights and conditions with regard to this Procurement process:

a. To cancel the Procurement process and reject any and all SOQs and/or Proposals;

b. To waive any informality or irregularity;

c. To revise the Procurement Documents and Schedule via an Addendum;

d. To reject any Offeror that submits an incomplete or inadequate response or is not responsive to the requirements of this RFQ;

e. To require confirmation of information furnished by an Offeror, require additional information from an Offeror concerning its SOQ or Proposal and require additional evidence of qualifications to perform the work described in this RFQ or a subsequent

RFP;

f. To provide clarifications or conduct discussions, at any time, with one or more Offerors;

g. To contact references who are not listed in the Offeror’s SOQs and investigate statements on the SOQs and/or qualification of the Offeror and any firms or individuals identified in the SOQ;

h. To consider Alternative Technical Concepts and/or approaches identified by Offerors;

i. To take any action affecting the RFQ process, the RFP process, or the Project that is determined to be in the WVDEP’s best interests; and

j. Approve or disapprove of the use of particular Subconsultants, Subcontractors, or Key Team Members and/or substitutions and/or changes to Subconsultants, Subcontractors, or Key Team Members from those identified in the SOQ or Proposal prior to the Notice to Proceed. Such approval or disapproval shall not be unreasonably exercised.

k. To request items required by this RFQ after SOQ submission and prior to shortlisting if not provided as part of the SOQ submission, except for instances where state law mandates receipt with the SOQ.

3.3 Outline of the Procurement Process

3.3.1 Request for Qualifications (RFQ).

a. This RFQ invites firms to submit SOQs describing in detail their technical, management, and financial qualifications to design, permit, construct, commission, and close out the Project. The issuance of this RFQ is the first phase of the Procurement process.

b. Offerors will submit their SOQ and other deliverables required pursuant to this Procurement at the time and in the manner set forth in this RFQ and any Addenda.

The WVDEP will not consider SOQ or other deliverables that are submitted after the Time set forth in the RFQ. Offerors are solely responsible for making sure that the WVDEP receives the SOQ in a timely fashion.

c. The WVDEP will evaluate the information submitted by each Offeror to 1) determine whether the Offeror meets the mandatory minimum requirements and 2) evaluate the SOQ provided by each Offeror pursuant to the evaluation system described below.

Any Offeror who fails to meet the mandatory minimum requirements set forth in this SOQ will be deemed non-responsive and will not be considered further by the WVDEP in this Procurement.

d. All SOQs will be evaluated in accordance solely with the criteria established in the

RFQ and any Addenda issued thereto. The evaluation criteria are listed below, including the relative weight or importance given to each criterion.

e. Not more than three responsive and responsible firms will be selected as Short-Listed Offerors. Only those firms that have been short-listed will be invited to submit a Proposal in response to the RFP.

f. The results of the SOQ evaluations and scoring will not be carried forward and included in the final evaluation and selection.

g. Identified Key Team Members will be used as a basis for selection. Once shortlisted, any changes to a listed consultant, subconsultant or subcontractor, or any individual listed as a Key Team Member in the SOQ that were submitted to the WVDEP as part of the SOQ or Proposal will result in re-evaluation and may result in a change to the evaluation and ranking of the Offeror.

3.3.2 Request for Proposal (RFP), Confidential Individual Meetings & Selection Process

a. The WVDEP will issue the RFP to the Short-Listed Offerors. The RFP will further explain the evaluation criteria, Proprietary Meetings, and other elements of the RFP process.

b. Prior to the submission date for Proposals, written questions will be accepted as defined in the RFP.

c. The WVDEP will conduct a mandatory Site Walk Through with all Short-Listed Offerors.

d. The WVDEP will conduct one Confidential Proprietary Meeting with each Short- Listed Offeror as described in the RFP. The format of the Proprietary Meeting will be designed to allow the Short-Listed Offerors to ask WVDEP questions regarding the Project and WVDEP’s goals and concerns. All information from the Design-Build Teams provided in the Confidential Proprietary Meetings will remain confidential during the procurement process; however, see Section 3.1.4 with respect to the potential public disclosure of information provided during the procurement pursuant to any applicable public records act. The Confidential Proprietary Meetings will also provide an opportunity for direct interaction between the Short-Listed Offeror and the RFP Evaluation Committee.

e. A Short-Listed Offeror must submit suggested proposed changes to the Contract with their Proposal for consideration during the negotiation phase. The WVDEP, at its sole discretion, may revise the RFP, the contract provisions, and/or program documents and issue an Addendum to all Short-Listed Offerors.

f. Short-Listed Offerors will submit a Technical Proposal in accordance with the Procurement Schedule.

g. An Offeror’s pricing approach will be part of the Technical Proposal. A non-binding, total estimated project cost may be requested as part of the Technical Proposal but will not be part of the scoring evaluation.

h. The Technical Proposal, similar to the SOQ, will be submitted via the wvOASIS on-line portal.

i. Interviews with the Short-Listed Offerors are anticipated and scheduled for after the submission of the Technical and Price Proposal. The purpose of the interview is to expand upon and gain clarification of the submitted Technical and Price Proposal. At its sole discretion, the WVDEP may choose to forego the interviews and select the Preferred Offeror based directly on the Technical Proposal and Price Proposal evaluation.

j. The RFP Evaluation Committee will be the same as the RFQ Evaluation Committee.

The RFP Evaluation Committee will evaluate the Proposals in accordance with the published evaluation criteria.

k. At its sole discretion, the WVDEP may ask written questions of Offerors, seek written clarifications, and conduct discussions with Offerors on Proposals.

l. WVDEP will provide written notification to all Short-Listed Offerors of the selection decision. Debriefs may be requested by unsuccessful Offerors at the conclusion of the Procurement.

m. Offerors shortlisted for the Design-Build project are expected to fully participate in the proposal and interview process through award. Any shortlisted firm that fails to submit a complete proposal by the required deadline, or voluntarily withdraws from consideration prior to award, may be deemed noncompliant and may not be eligible for participation in future Design-Build or similar solicitations issued by the Owner for a period of up to two (2) years from the date of withdrawal, at the Owner’s discretion.

n. At WVDEP’s discretion, it will initiate negotiations with the Preferred Offeror. The “Preferred Offeror” is the Offeror that the WVDEP determines offers the Best Value to WVDEP in terms of their proposed approach to the Project. If the WVDEP is unable to execute a contract with the Preferred Offeror, negotiations with the Preferred Offeror may be terminated, and provided that such negotiations are terminated in writing, the WVDEP may proceed to negotiate with the next Preferred Offeror. The WVDEP will continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated. Negotiations are at the WVDEP’s sole discretion. By submitting a Proposal pursuant to the RFP, the Offeror represents and warrants that it will enter into the contract provided by the WVDEP subject to the contractual terms set forth in its Proposal and any negotiated clarifications and/or exceptions proposed by the Offeror in their respective Technical Proposal.

3.3.3 Price Proposal

Short-Listed Offerors will submit a Price Proposal pursuant to the instructions set forth in the RFP. It is anticipated that the Price Proposal will include, at a minimum, the cost for the Offeror to complete their proposed technical approach that will provide a firm price to WVDEP for the completion of Phase 1 Services. Offerors will also provide a Phase 2 Rough Order of Magnitude cost. Other cost factors that may be requested include general condition costs, rate schedules, Design-Builder fee, overhead and profit margins, and/or mark-up on subcontractors and equipment, if any.

3.3.4 Evaluation and Ranking of Offerors

SOQs will be evaluated based on the evaluation criteria set forth herein. The scoring for the SOQ is only to determine the Short-Listed Offerors.

In the final evaluation of Offerors, the WVDEP will consider the information submitted in the Proposal as well as the Proposal phase meetings with the Offerors with respect to the evaluation criteria set forth in the RFP. The result of the evaluation will be a comparative ranking of Offerors.

Offerors who do not meet the minimum qualifications as described in 4.2.2 will not be evaluated. For the purpose of selecting and evaluating Offerors, the evaluation criteria will be given the following relative weights:

SOQ

Maximum Points: 100

Project Team organization and Personnel experience

30 points (max)

Experience with WVDEP on previous projects or working within West Virginia

5 points (max)

Design, engineering & permitting experience with similar projects

30 points (max)

Construction Experience with Similar Projects – Including OSHA 300 Logs & EMR for past 3 years (provide references for contact)

30 points (max)

References (exclude WVDEP references) 5 points (max)

Technical Proposal

Maximum Points: 100

Project Approach, including, but not limited to, permitting, design, construction, safety, risk management, project turnover, and warranty

50 points (max)

Overall schedule for design and construction with sufficient detail to demonstrate understanding of the work

10 points (max)

Approach to collaboration and transparency with WVDEP throughout the duration of the project

10 points (max)

Cost and Pricing Approach 10 points (max)

Offeror stated exclusions, assumptions, and deviations to Proposed Contract

5 points (max)

Price Proposal

Price proposal, including Phase 1 fee, Design-Builder fee, and Design-Builder Hourly Rate Schedule

15 points (max)

*Refer to Attachment E Scoring Evaluation Rubrics for criteria used for evaluating SOQs and Proposals. Please note that while these rubrics provide a standard guide, the selection committee reserves the right to consider additional relevant factors during the final selection process.

3.4 Contract Format

The WVDEP will enter into contract negotiations for the Project with the Preferred Offeror. The Design-Build Terms & Conditions are based on the Design-Build Institute of America standard documents, as amended by WVDEP and will be set forth in the RFP and provided to Short-Listed Offerors.

SECTION 4: SOQ DOCUMENTATION REQUIREMENTS

4.1. SOQ Format Requirements

The SOQs shall comply with the following format requirements:

4.1.1 SOQs shall be formatted in searchable .pdf format.

4.1.2 The body of the SOQ shall be organized in accordance with the Evaluation Criteria.

4.1.3 The body of the SOQ, when printed, shall be limited to a maximum of 20 single-sided pages

a. The following documentation is required to be submitted with the SOQ, but will not be considered as part of the page count:

i. Letter of interest or cover letter (maximum of one page);

ii. Statement of Offeror’s Ability to Provide a Performance and Payment Bond to the anticipated value of the project.

iii. Statement of Offeror’s Ability to Meet the WVDEP’s Insurance Requirements;

iv. Corporate Structure Questionnaires;

v. OSHA 300 Logs; (past 3 years certified and current year)

vi. Resumes of Key Team Members;

vii. Divider tabs, provided that they contain no substantive content; and

viii. Cover pages, provided that they contain no substantive content.

ix. Addendum Acknowledgement Form (if applicable)

b. SOQs that exceed the page limit may be rejected. The WVDEP, at its sole discretion, reserves the right to remove pages from the sections of any non-conforming SOQ submittals to bring each non-conforming SOQ submittal within the page count requirement.

c. A “page” shall be defined as one single-sided piece of paper that has words, charts, tables, pictures, or graphics. Pages shall be considered a size of 8.5 x 11 inches.

Pages presented in 11 x 17-inch format will be counted as two pages and no more than five 11 x 17-inch pages may be included.

d. The font shall be no smaller than 10-point Arial.

e. Offeror must ensure that its submission in wvOASIS can be accessed and viewed by the Department staff immediately upon SOQ opening. The Department will consider any file that cannot be immediately accessed at the time of SOQ opening to be blank or incomplete and are therefore unacceptable.

4.2 SOQ Organization

SOQs shall consist of the following parts:

4.2.1 Letter of Interest

4.2.2 Minimum Qualifications

a. Statement of Offeror’s Ability to Provide Performance and Payment Bond. (See Section 5.2.1 and Attachment B)

b. Statement of Offeror’s Ability to Meet the WVDEP’s Insurance Requirements. (See Section 5.2.2 and Attachment C)

4.2.3 Technical & Management Qualifications

a. Project Team Organization and Personnel Experience

b. Experience with WVDEP on previous projects

c. Design, engineering & permitting experience with similar projects

d. Construction Experience with Similar Projects

e. References

4.2.4 Corporate Structure Questionnaire(s)

SECTION 5: SOQ EVALUATION CRITERIA AND SUBMITTAL INFORMATION

5.1 Letter of Interest (No points)

The SOQ must include a cover letter containing the name, address, telephone number, fax number, and e-mail address of the Offeror and the principal contact person. The Letter of Interest shall also include the following: (1) name, address, telephone number, fax number, and e-mail address for all listed consultants, subconsultants, and/or subcontractors for the Project; and (2) the type of firm or organization (corporation, partnership, joint venture, etc.) that will serve as the prime contracting party. The letter of interest may be a maximum of two (2) pages.

5.2 Minimum Qualifications

5.2.1 Statement of Offeror’s Ability to Provide Performance and Payment Bond (Pass/Fail)

As a mandatory minimum requirement, the Offeror must have the ability to obtain a performance and payment bond in the amount of the total cost of the project. To meet minimum qualifications at the SOQ stage, Offeror shall provide a letter signed by an authorized representative of Offeror’s surety company (or agent) confirming that the Offeror can meet a minimum requirement of $15 million. Any Offeror who fails to meet this mandatory minimum requirement will be considered non-responsive and will not be considered further by the WVDEP in this Procurement process. The surety shall be a company authorized to conduct business in West Virginia. Letters indicating “unlimited” bonding capability are not acceptable.

5.2.2 Statement of Offeror’s Ability to Meet the WVDEP’s Insurance Requirements.

(Pass/Fail)

As a mandatory minimum requirement, the Offeror must document that it has the ability to meet the minimum insurance requirements as set forth in the attached draft Insurance Requirements (Attachment C). Offeror shall provide a letter from Offeror’s insurance company or broker indicating that the Offeror is capable of complying with the insurance requirements specified in Attachment C. Any Offeror who fails to meet this mandatory minimum requirement will be considered to be non-responsive and will not be considered further by the WVDEP in this Procurement. The insurer shall be a company authorized to conduct business in West Virginia.

5.3 Technical and Management Qualifications

The SOQ should demonstrate the Design-Build Team’s ability to undertake the Project by providing the following technical and management qualifications of the Offeror, Team Members, and individual Key Team Members. The Offeror is responsible for ensuring that contact information contained in their referenced Project profiles is correct. The inability to contact a reference may have a detrimental impact on the evaluated qualifications.

Emphasis will be placed on past performance and expertise in performing substantive work on projects that are of Similar Scope and Complexity, as described in the definitions herein. WVDEP reserves the right to award more points to projects that have more of the characteristics set forth in the Project Description in Attachment A of Similar Scope and Complexity. WVDEP also reserves the right to award more points to successful projects in which the Offeror, Team Members, and/or individual Key Team Members had substantial responsibility for their respective scopes of work on the same projects.

Additionally, WVDEP will consider the Offeror’s commitment to Design-Build best practices.

Offerors who have personnel with current Designated Design-Build Professional (DBIA) or Associate DBIA certifications may receive more points. The SOQ should identify any staff members holding these credentials and describe their proposed involvement with the Project.

The SOQ will be evaluated on the following technical and management qualifications:

5.3.1 Project Team Organization and Personnel Experience

a. Provide an organization chart (showing Key Team Members, Supporting Team Members and their firm affiliation) for all phases of the Project from design through final acceptance and the warranty period. Be certain to identify specific individuals for key functions and show interrelationships and reporting hierarchy. Note whether individuals are performing multiple functions. At a minimum, identify the Key Team Members performing the functions identified below. To the extent that the Offeror has additional Key Team Members on their team, the Offeror should include those individuals.

i. Person responsible for the overall management of the Project and design-build contract;

ii. Designer of Record;

iii. Person(s) responsible for overall construction management;

iv. Person(s) responsible for on-site field supervision and direction and construction (Superintendent);

v. Person(s) responsible for safety;

vi. Person(s) responsible for quality assurance;

vii. Person(s) responsible for project controls;

viii. Person responsible for scheduling

ix. Person responsible for cost estimating

x. Person responsible for risk management; and

xi. Person responsible for systems testing, configuration, and commissioning.

b. Provide brief bios for all personnel included and an organization chart and, in the Appendix, a resume for all Key Team Members. Resumes should be no longer than 1 page and should include the following information:

i. Description of the individual’s proposed Project role;

ii. Identification of employer and number of years employed by the firm;

iii. Home office location;

iv. Educational background and professional registrations and/or certifications that are relevant to the work associated with the Project.

v. Experience relevant to their proposed role on the Project; and

vi. Based on the information available to the Offeror, proposed percentage of time that the Offeror intends to assign this individual to the Project.

c. Describe the corporate structure of the Offeror and complete the corporate structure questionnaire for the Offeror and all Team Members in the form set forth in Attachment D. If the prime Offeror is a Joint Venture, all Joint Venture partners must have functional responsibilities for the Project. Describe the duties of each Joint Venture partner.

5.3.2 Demonstrated Past Performance with Successful Projects of Similar Scope and Complexity

a. Describe the Team’s past performance in similar projects with WVDEP. The focus should be on projects of similar scope and complexity as this Project.

b. Describe the Team’s past performance in successfully managing design-build, design, and/or construction projects of similar scope and complexity that include management and communications of an integrated team of design consultants, specialty subcontractors, and trade contractors. Include a description of any issues or problems that arose on the projects and how those issues or problems were resolved.

c. Describe the Team’s past performance in developing integrated design and construction budgets, schedules, and risk registers for projects of similar scope and complexity.

d. Describe the Team’s past performance in developing and/or managing costs within a Guaranteed Maximum Price or Lump Sum Price format.

e. Describe the Team’s past performance working together and/or describe the steps the Team has taken to promote integration and a collaborative working environment.

The Owner reserves the right to award more points to those teams who have worked together in a collaborative delivery model.

f. Provide a minimum of five (5) project examples that had notice to proceed dates within the last five (5) years and that have as many of the following characteristics as possible:

i. Projects of similar scope that include design, permitting, and/or construction that have been performed for WVDEP.

ii. Projects of a similar size and budget that include design, permitting, and/or construction services related to elements of the Project as described herein.

iii. Projects that utilize an integrated delivery method that require strong coordination and integration of the design and construction professionals and early involvement of the construction professionals during design;

iv. Projects where the Offeror was selected prior to the establishment of the final price and schedule and where the Offeror collaborated with the Owner to develop the final price and schedule; and/or projects where the Offeror worked closely and with an Owner and provided transparency into the Change Order process.

v. For each project example, provide the following information. The information required in this section can either be provided within the project example narrative or in a separate table in the Project Experience Section of the SOQ.

Name of Project;

Owner/Customer;

Location of Project (include address);

Description of the delivery method and integration of design and construction, identifying the firm(s) role as a prime consultant, subconsultant, contractor, subcontractor, or other;

Description of activities self-performed by each Design-Build Team Member

Project description and applicability and relevance of the referenced Project to the evaluation criteria for this Project;

Name of each Key Team Member who is proposed for this Project who played a significant role on the Project example, including a description of their Project responsibilities and functions;

The initial contract price, the final contract price, and an explanation for any difference between the two amounts;

The initial completion date, the actual completion date, and an explanation for any difference between the two dates; and

Project contact reference (including job title, role on the project, current address, e-mail, phone number) who can verify the characteristics of the submitted Project example.

5.3.3 Corporate Structure Questionnaire

Submit a completed Corporate Structure Questionnaire for Offeror and each Team Member.

SECTION 6: LIST OF ATTACHMENTS

A. Project Description

B. Payment and Performance Bond Instructions

C. Insurance Requirements and Instructions

D. Corporate Structure Questionnaire

E. Scoring Evaluation Rubrics

F. Addendum Acknowledgement Form (if applicable)

Attachment A Project Description

Attachment A

Project Description

Description of Work:

Provide Design-Build services to complete the work below and in Attachment A-1

Phase 1 – The Design-Build Team (DBT) will provide design and professional services to complete abandoned mine reclamation activities at a site that has been adversely impacted by pre-law coal mining. Multiple projects have been completed under the same AML Problem Area (Ethel Hollow Refuse and Portals, WV-2129) previously. Work associated with the stream channel was previously determined to be premature prior to the completion of other reclamation work;

this project is now ready to be executed. The design should include but not be limited to the following: site access and preparation; erosion and sediment control measures; stream restoration, relocation, establishment, and enhancement;

wetland delineation; construction, enhancement, removal and mitigation measures; and other work necessary to meet the project objectives.

The design shall incorporate the state and federal requirements necessary to gain an Authorization to Proceed (ATP) for construction from the US Department of the Interior, Office of Surface Mining (OSM);

1. The federal requirements include but may not be limited to Title IV of the Surface Mine Coal Reclamation Act (SMCRA) of 1977, as amended, the National Environmental Policy Act of 1969, as amended, and the Clean

Water Act, as amended.

2. The state requirements include but may not be limited to the West Virginia Water Pollution Control Act of

1994, as amended.

Phase 1 shall also meet requirements for any existing infrastructure owners, including but not limited to electrical, public water, public or private sewer, natural gas and WVDOH.

The primary deliverable is an open-book Phase 2 Price Proposal that will include a final scope, including the required drawings and specifications, and the corresponding price for any remaining professional services and all the construction required to implement the project.

Phase 2 - In accordance with the mutually agreed upon Phase 2 Price Proposal developed in Phase 1 and after gaining the ATP from OSM, the DBT will perform the agreed upon abandoned mine land reclamation activities at the site.

Construction activities may include but are not limited to the following: site access and preparation; erosion and sediment control measures; stream restoration, relocation, establishment, and enhancement; wetland delineation; construction, enhancement, removal and mitigation measures; and other work necessary to meet the project objectives.

Attachments A-1. Ethel Hollow Stream Restoration OSM-51

PROJECT NARRATIVE OSM-51

PROBLEM AREA NAME: Ethel Hollow Stream Restoration PROBLEM AREA #: WV-2129

PLANNING UNIT NAME: Melville PLANNING UNIT #: 711460

WCU: 0507101 PRIORITY: 2

LOCATION OF PROJECT

County: Logan

Nearest Town: Ethel

U.S.G.S. 7.5' Quadrangle: Henlawson/Logan

Receiving Stream: Dingess Run

Watershed: Guyandotte River

Acreage: ~25

Date Last Mined & Responsible Party: Pre 1977-Holdred Collieries (Fire Clay coal seam)

SITE DESCRIPTION

Directions to Site: From Charleston; take US Rte. 119 south for approximately 52 miles and take the Logan Exit (Right). At the end of ramp, turn left onto Rte. 73 and travel approximately 2.5 miles to the intersection with Rte.

10. Turn left at the traffic light onto Rte. 10 and travel for approximately 3 miles to the town of Stollings. Turn left onto Rte. 17 and follow for approximately 5 miles to Ethel. Turn left into Ethel Hollow. Project follows Ethel Hollow from its mouth (@ Dingess Run) to its headwaters.

CS-1; Ethel Hollow Main Stem; Total length of main stem stream channel is ~2.14 miles (11,325’). Coal refuse and sediment are restricting water flow throughout the channel length. The original channel, in several areas, is no longer transporting water due to pre-law mining activities. Water flow runs across the access road and/or through roadside ditches with little to no substrate.

Starts at Mouth with Dingess Run 37° 51’ 57.80” N, 81° 54.’ 47.6” W, heading upstream to 37° 53’ 30.8” N, 81° 54’ 8.9” W

CS-2; Little Dark Hollow of Ethel Hollow; Total length of impacted stream channel is ~1.21 miles (6,400’). Coal refuse, and sediment are restricting water flow throughout the channel length. Water flow runs through roadside ditches and/or across the access road providing little to no proper substrate. In many areas, the original stream channel location is not known as the landscape has been heavily altered due to pre-law mining activities, as a result complete stream construction will be needed throughout much of the stream reach.

Starts at 37° 53’ 30.8” N, 81° 54’ 8.9” W, heading upstream to 37° 54’ 13.4” N, 81° 54’ 33” W

CS-3; Big Dark Hollow of Ethel Hollow; Total length of impacted stream channel within this side tributary is ~ 0.15 miles (~800’). Coal refuse, and sediment are restricting water flow throughout the channel length.

Starts at 37° 53’ 30.40” N, 81° 54’ 9.24” W, heading upstream to 37° 53’ 31.9” N, 81° 54’ 12.5” W

SITE DESCRIPTION OSM-51 (continued)

CS-4; Unnamed Tributary to Little Dark Hollow; Total length of impacted stream channel is ~0.25 miles (1,340).

This area falls within the newly re-graded coal refuse pile. Although, heavily clogged by coal and coal refuse before the project activities, the completed work has greatly reduced the size and flow of the channel. Complete stream restoration will be needed for this entire stream reach.

Starts at 37° 53’ 47.10” N, 81° 53’ 59.4” W, heading upstream to 37° 53’ 47.05” N, 81° 54’ 44.3” W

CS-5; Pine Fork of Ethel Hollow; Total length of impacted stream channel within this side tributary is ~0.28 miles

(1,450). Coal refuse and sediment have all but choked this channel completely dry. In Summer of 2025, this channel was found to have no surface flow, even after heavy rain events due to heavy deposits of rock, and sediment.

Starts at 37° 52’ 40.9” N, 81° 54’ 1.8” W, heading upstream to 37° 52’ 39.1” N, 81° 53’ 29.1” W

CS-6; Unnamed Tributary of Ethel Hollow; Total length of impacted stream channel is ~0.11 miles (600’). The lower stream reach within this area was channelized, as a result of pre-law mining activities, which have in turned left the channel with little to no substrate.

Starts at 37° 52’ 14.30” N, 81° 54’ 32.90” W, heading upstream to 37° 52’ 21.90” N, 81° 54’ 34.90 W”

CS-7; Unnamed Tributary of Little Dark Hollow. Total length of the impacted stream channel is ~0.14 miles (750’). The channel runs through side slope has been heavily altered from pre-law mining. Majority of the impacted channel cuts through remnants of a red dog pile, and as such, complete stream restoration will be needed for this reach. Bank stabilization is needed as well.

Starts at 37° 53’ 58.2” N, 81° 54’ 58.20” W, heading upstream to 37° 53’ 58.2” N, 81° 54’ 12” W

CS-8; Unnamed Tributary of Ethel Hollow. Total length of impacted stream channel is ~0.05 miles (~300’). This channel section runs through an area that was abated as a result of a refuse fire. The channel cuts through coal refuse and is choked with coal, sediment and red dog. Rip rap ditching type work is needed to stabilize the flow and side slopes.

Starts at 37° 52’ 51.23” N, 81° 54’ 4.68” W, heading upstream to 37° 52’ 52.66” N, 81° 54’ 1.90” W

CS-9; Unnamed Tributary of Little Dark Hollow. Total length of the impacted stream channel is ~0.04 miles (600’). Channel flow runs through mine spoil and is eroding sediment and rock into channel choking off flow.

Complete stream restoration will be needed for this reach.

Starts at 37° 53’ 45” N, 81° 54’ 1.0” W, heading upstream to 37° 53’ 46.0” N, 81° 54’ 3.5” W

ABANDONED MINE LANDS LOCAL CONCERN REPORT OSM-51 (continued)

NAME OF SITE: Ethel Hollow Stream Restoration; WV-2129

INFORMATION SOURCE: Jeffrey Davis, Southern Planning Supervisor, WVDEP-AML

ADDRESS: 601 57th St., SE

CITY: Charleston

TELEPHONE NUMBER: 304-926-0499

DATE: July 2025

RESPONSE TO QUESTIONS BY INTERVIEWER:

The Ethel Hollow watershed has been severely impacted by pre-law deep mining activities. WVDEP-AML has completed two (2) reclamation projects over the past five years to seal off dozens of open portals and un-controlled mine drainage from numerous completely collapsed and draining entries within the hollow. Phase I (sealing of mine entries) was completed in 2022. Phase II (Refuse Pile) was completed in 2025. In addition, a coal refuse pile was re-processed through AML which was completed in 2024. In addition, several emergency projects have been completed over the years to extinguish burning refuse within the hollow. During the numerous project activities completed within the hollow, the stream channel has also been assessed and determined to have been impacted by the mining activities, and reclamation work, but up to this point has been ignored. However, it was also determined that due to the on-going reclamation activities, the stream channel would not be dealt with until all reclamation work had been completed.

This Ethel Hollow Stream Restoration project is inventoried under the same Problem Area (Ethel Hollow Refuse and Portals, WV-2129) as the previous two projects described above.

ADDITIONAL PERCEPTIONS of the PROBLEM:

In 2025, the final reclamation project within Ethel Hollow was completed. Field assessment within Ethel Hollow shows that in numerous areas, prelaw mining and WVDEP-AML reclamation work has altered the stream flow, reduced the overall stream carry capacity, and in some areas allowed the stream flow to create new channels. As a result, the stream has little to no appropriate substrate to support aquatic life, and in some instances no floodplain.

In other areas, the channel is very narrow, which allows the water to pick up velocity causing scouring and erosion of sediment which then allows sediment to enter the stream channel and fill in substrate. Overall, the channel contains heavy loads of sediment, coal, refuse and coal fines which have caused the channel to become filled in and narrowed allowing for flood episodes to occur more often.

A total of approximately 23,565 linear feet (4.46 miles) of stream channel is directly affected by pre-law mining activities.

ABANDONED MINE LANDS LOCAL CONCERN REPORT OSM-51 (continued)

Water Sampling Table (Field Samples)

Channel No. Length

(Miles) pH Fe (mg/l) Sulfate Latitude Longitude

1 2.14 7 0.5 41 37° 52’ 41.5” 81° 54’ 3.5”

2 1.21 5.5 0.5 30 37° 53’ 59.4” 81° 54’ 15.5”

3 0.15 7.0 >0.0 14 37° 53’ 30.8” 81° 54’ 9.5”

4 0.25 5.0 >0.0 56 37° 53’ 47.1” 81° 53’ 59.4”

5 0.27 6.5 2 133 37° 52’ 40.9” 81° 54’ 1.8”

6 0.11 ** ** ** 37° 52’ 14.3” 81° 54’ 32.9”

7 0.14 6.5 >0.0 25 37° 54’ 2.6” 81° 54’ 10.2”

8 0.05 Dry Dry Dry 37° 52’ 51.23” 81° 54’ 4.68”

9 0.04 5.5 0.5 40 37° 53’ 46” 81° 54’ 3.5”

10 0.04 7.0 >0.0 107 37° 53’ 9.2” 81° 54’ 23.4”

**Note-Thick growth of Kudzu prevented access to stream channel

ANTICIPATED ENVIRONMENTAL IMPROVEMENTS:

The anticipated improvements to the ecosystem will also improve the aesthetics of the stream. By re-constructing/improving the existing stream channel it is hoped that aquatic life will again…