RFQ-2406-TCP_AE-Services_Everett_Upland.pdf

RFQ 2406 TCP

Everett Smelter Plume, Upland Area Cleanup, CSID NO. 4298 March 2024

NOTICE TO ARCHITECTURAL / ENGINEERING FIRMS

REQUEST FOR QUALIFICATIONS

RFQ 2406TCP

Engineering Services: Everett Smelter Plume, Upland Area Cleanup

Cleanup Site Identification, CSID No.: 4298 Everett, Snohomish County, Washington

Electronic Statement of Qualifications must be received by:

Tuesday, May 28, 2024 prior to 3:00 PM Pacific Daylight Time

1. INTRODUCTION

The Department of Ecology’s (Ecology) Toxics Cleanup Program is seeking Statement of Qualifications from Architectural / Engineering (A/E) firms for remediation work in accordance with the Chapter 70A.305 Revised Code of Washington (RCW) Hazardous Waste Cleanup - Model Toxics Control Act (MTCA). The remediation work for this site is an Ecology-conducted remedial action of arsenic and lead contaminated soils in the Upland area, originating from the Everett Smelter in Everett, Washington.

This Request for Qualifications (RFQ) is for selecting an engineering firm for design, bidding, construction, and project closeout services for contaminated soil cleanup at the site. The selected A/E firm will act as the prime A/E firm in the development of documents for the public works design/bid/build delivery method that require an engineering team to develop.

Interested firms shall assemble the appropriate engineering disciplines for this project, which includes professional engineering management and construction oversight. The firm’s team may include non-engineering disciplines as necessary, such as landscape architecture and public involvement. In addition to the necessary engineering qualifications, the selected A/E firm will have the qualifications and training necessary to conduct site work in accordance with Chapter 296-843 Washington Administrative Code (WAC) Hazardous Waste Operations. The selected A/E firm will also have the qualifications and ability to implement the guidance for designing resilient cleanup remedies that address impacts from climate change (see Section 1.6, RFQ Reference Documents and Contract Process Templates for guidance document).

https://app.leg.wa.gov/rcw/default.aspx?cite=70A.305 https://apps.leg.wa.gov/wac/default.aspx?cite=296-843

RFQ 2406 TCP

Ecology reserves the right to amend this RFQ with various addenda or to withdraw the RFQ at any time, regardless of how much time and effort A/E firms have spent on their responses.

1.1 Ecology Objective

Ecology’s objective is to select the most qualified A/E firm to provide engineering services to meet Ecology’s cleanup goals for this site. Project success will be achieved by completing the project within the anticipated project time period and the budget allotted, and meeting all applicable and relevant federal, state, and local regulations.

1.2 Qualifications Based Selection Process

Ecology will select the most qualified firm using a qualifications-based selection (QBS) process, consistent with RCW 39.80 Contracts for Architectural and Engineering Services.

The QBS selection process consisting of a Statement of Qualifications Phase and an Interview Phase. Submittal requirements and scoring criteria are discussed in more detail in Section 3, Selection Process and Instructions to Proposers.

1.3 Conflict of Interest/Confidentiality

Interested A/E firms should pay special attention to the Ecology’s requirements regarding conflict of interest and confidentiality that are identified in this RFQ. Ecology also recognizes the importance of the conflict of interest requirements established for engineers at Chapter 196-27A WAC, Rules of Professional Conduct and Practice. A/E firms will address this topic as part of the solicitation process (see Section 3.4.2).

1.3.1 Organizational Conflicts of Interest. Ecology Toxics Cleanup Program (TCP) defines an Organizational Conflict of Interest (OCOI) as having Impaired Objectivity, Biased Assistance or Advice, or an Unfair Competitive Advantage as described below:

a) Impaired Objectivity: when work completed under one contract is subject to evaluation or assessment under another contract. Impaired Objectivity may exist due to:

i. reputational interest from previous work related to this site.

ii. opposing financial interest(s) connected to work for this project.

iii. involvement with a project stakeholder.

b) Biased Assistance or Advice: the inability to provide impartial assistance or advice due to involvement under a separate contract such as assisting with the development of contract specifications and requirements that will be subject to evaluation during the life of the project. This circumstance creates the opportunity to skew rules in favor of the firm or contractor, whether it is done intentionally or not.

c) Unfair Competitive Advantage: having earlier or otherwise superior access to non-public information, which may occur by being under a separate contract with:

https://apps.leg.wa.gov/RCW/default.aspx?cite=39.80 https://apps.leg.wa.gov/wac/default.aspx?cite=196-27A https://apps.leg.wa.gov/wac/default.aspx?cite=196-27A

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i. Ecology, such as for an immediately previous phase of cleanup, as defined by the MTCA cleanup phases; or

ii. a recipient of Ecology funding, such as through an Interagency Agreement or One-Time Grant.

Interested firms may contact Ecology’s Contract Officer prior to submittal if questions arise regarding OCOI.

Ecology retains sole discretion to determine on a case-by- case basis whether an OCOI appears to exist or does exist and whether actions may be appropriate to avoid or neutralize any actual, potential, or perceived conflict.

Interested firms are required to submit an Organizational Conflict of Interest Disclosure and Avoidance/Neutralization/Mitigation Plan (COI Plan) with their Statement of Qualifications. The COI plan will include the firm’s processes and plans for addressing conflicts of interest, short-listed firms are required to provide Ecology a list of conflicts of interest and potential conflicts of interested in advance of the interviews.

In addition to the requirements for the COI Plan, A/E firms must provide the following:

1) A certified list of all entities with which they have relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this RFQ. This list should indicate the name of the entity, the relationship, and a discussion of the conflict. Even firms with no conflicts of interest are required to submit a certified statement indicating they have no conflicts at this time. If a firm cannot divulge the name of an entity(ies) due to current confidentiality agreements, a firm must state this in their certified statement.

2) The firm’s evaluation of a conflict of interest must consider the following questions to aid in their evaluation and preparation of their list:

• Is the firm currently working on the Everett Smelter Site (site), managing neighboring sites or working for other potentially liable parties involved with this project that would pose a conflict with the services for Ecology at the Everett Smelter Site?

• Is there any project employee of the firm (or subcontractors) who has (family/financial/former Ecology employee) relationship with Ecology’s project team or the project?

3) A description of the firm’s program for staff training on conflicts of interest.

1.3.2 Confidentiality In addition to the COI Plan outlined above, firm will provide a management plan that presents and discusses maintaining confidentiality of information. The firm’s policies and procedures must be detailed and robust, including, but not limited to:

State of Washington, Department of Ecology Toxics Cleanup Program

RFQ 2406 TCP Page 4 of 21

• A process for maintaining confidentiality of information.

• A program of staff training on confidentiality issues.

1.4 WEBS Registration

ECOLOGY will use Washington's Electronic Business Solution (WEBS) exclusively for the issuance of this RFQ and all RFQ updates (i.e., addenda, amendments, answers to submitted questions, etc.). Vendors are responsible for checking WEBS for any changes to the RFQ.

Vendors are solely responsible for:

1. Properly registering with the Department of Enterprise Services’ WEBS at

Register for Bid Opportunities | Department of Enterprise Services (DES) (wa.gov).

2. Maintaining an accurate Vendor profile in WEBS with the correct contact information.

3. Downloading the RFQ with all attachments and exhibits, and any and all amendments.

To ensure receipt of all RFQ documents, the RFQ must be downloaded from WEBS. Notification of amendments to the RFQ will only be provided to those Vendors who have registered with WEBS and have downloaded the RFQ from WEBS. Failure to do so may result in a potential Vendor having incomplete, inaccurate, or otherwise inadequate information, or a Vendor submitting an incomplete, inaccurate, or otherwise inadequate Response.

Vendors accept full responsibility and liability for failing to receive any amendments resulting from their failure to register with WEBS and download the RFQ from WEBS, and hold the State of Washington harmless from all claims of injury or loss resulting from such failure. Contact the WEBS Customer Service for any questions regarding WEBS at (360) 902-7400.

1.5 RFQ Amendments

Prior to Due Date and Time, ECOLOGY reserves the right to change portions of this RFQ. Any changes or corrections will be by one or more written amendment(s), dated, attached to or incorporated in and made a part of this RFQ document. All changes must be authorized and issued in writing by the RFQ Coordinator. If there is any conflict between amendments, or between an amendment and the RFQ, whichever document was issued last in time shall be controlling.

In the event it becomes necessary to revise any part of this RFQ, amendments will be placed on the Department of Enterprise Service’s WEBS Bid Opportunities webpage.

https://omwbe.wa.gov/washingtons-electronic-business-solution-webs https://www.des.wa.gov/sell/how-work-state/register-bid-opportunities https://www.des.wa.gov/sell/how-work-state/register-bid-opportunities https://pr-webs-vendor.des.wa.gov/BidCalendar.aspx

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1.6 RFQ Reference Documents and Contract Process Templates

The following list of contract process templates and guidelines will be posted exclusively to the Ecology Toxics Cleanup Program’s Box.com site (not to WEBS). The link for the Toxics Cleanup Program’s Box.com site is RFQ templates and guidelines, which includes:

• Draft A/E Contract.

• Ecology Computer Aided Drawing (CAD) standards.

• Diverse Business Inclusion Plan guidelines.

• Diverse Business Inclusion Plan template.

• Ecology File Naming Conventions (Tips for Managing Records)

• Sustainable Remediation: Climate Change Resiliency and Green Remediation.

Ecology Publication no. 17-09-052. Revised January 2023.

• Additionally, the Project Manual Templates and Ecology Expectations are included in the folder https://app.box.com/s/7zhgzydhomastn28um7mzcs46i3aplxb.

2. PROJECT DESCRIPTION

2.1 Background Information

Ecology is cleaning up lead and arsenic contamination left behind by the Everett Smelter in residential and industrial areas of Northeast Everett. The Everett Smelter was operated by Asarco from 1894–1912, but the contamination wasn't discovered until 1990. Smelter operations left high levels of arsenic and lead on the former smelter property.

Contaminated particles from the smokestacks settled over a 1.1 square mile area (Figure 1, available on Box.com). In 1990, Ecology began working with Asarco to investigate and clean up the site. Asarco declared bankruptcy in 2005. Ecology filed a claim in bankruptcy court for Asarco’s environmental liability for the Everett smelter site and other sites in Washington. In December 2009, Ecology received a bankruptcy settlement from a mining company that brought Asarco out of bankruptcy. In 2020, the Washington State legislature allocated additional funds for the Everett Smelter Cleanup.

The site is divided into the Uplands and Lowlands areas. This RFQ includes work only in the Uplands area, which is primarily residential and commercial properties on the bluff.

The Uplands residential work is to be completed under the Integrated Final Cleanup Action Plan and Final Environmental Impact Statement for the Uplands Area (Ecology, 1999; Upland CAP). The focus for the Uplands cleanup is to minimize the risk of human contact. This residential and commercial cleanup is a voluntary program. Ecology samples individual properties to determine if the property qualifies for cleanup by comparing the sample results to the Everett Smelter cleanup action levels. Ecology works with individual property owners who qualify for cleanup to determine the areas the property owners will allow Ecology to work. Cleanup involves removal of contaminated https://app.box.com/s/l8zx1jb2kzew6pse32odz4no4lcfhdtv https://app.box.com/s/7zhgzydhomastn28um7mzcs46i3aplxb

RFQ 2406 TCP Page 6 of 21 soil, replacement with clean soil, and landscape restoration. The scope of this RFQ includes cleanup of three (3) residential cleanup groups, each containing approximately 40 properties, and one mausoleum located in the Uplands Area.

2.2 Site Specific Information on Ecology Web Page

Site specific information (including electronic documents) is available on the following Ecology Everett Smelter Site web page: Site Information (wa.gov)

2.3 Project Reference Documents

Reference documents applicable to the engineering services covered by this RFQ are available for download from the following locations:

1. Ecology Document Repository for the Site, which includes:

o Everett Smelter Integrated Final Cleanup Action Plan & Environmental

Impact Statement for the Upland Area, dated November 19, 1999.

o Project Manual for IFB 2334 TCP, ESP Upland Cleanup 2020 Property

Group, dated February 14, 2023.

The Everett Smelter Site webpage describes Ecology’s approach to sampling and cleanup (see https://ecology.wa.gov/Spills-Cleanup/Contamination-cleanup/Cleanup-sites/Everett-Smelter/Residential-cleanup-and-sampling). The property specific remediation plan is an example of a design provided to the property owner for their approval. The example specification represents the converted design that goes into the project manual.

Additional documents not listed here are also available in the above document repository link.

2.4 Scope of Services

The scope of services identified for this RFQ includes work on three (3) residential property groups consisting of approximately 40 properties each, and one (1) mausoleum in the Everett Cleanup Uplands Area for a total of four (4) public works projects. This work will be completed under the 1999 Uplands CAP. Locations for the remaining residential properties that will be included in the cleanup, the remaining properties to be sampled and evaluated, and the mausoleum that will be included in cleanup are all shown in Figure

1. The scope of this RFQ includes bidding support, cultural resources support, permitting, construction management, any necessary land surveying, warranty support, project closeout, and public outreach. The services covered by this RFQ will start upon contract initiation.

2.4.1. Engineering Services. The engineer cleanup designs under this Scope of Services will culminate in plans, specifications, and an engineer estimate that will be used for the construction of four (4) public works projects, which will follow the requirements outlined in the Uplands CAP. The public works process will be a design/bid/build in conformance with RCW 39.04. The engineering firm selected under this RFQ will provide service as the stamping registrant for the complete project manual used in bidding, https://ecology.wa.gov/Spills-Cleanup/Contamination-cleanup/Cleanup-sites/Everett-Smelter https://apps.ecology.wa.gov/cleanupsearch/site/4298#site-documents https://ecology.wa.gov/Spills-Cleanup/Contamination-cleanup/Cleanup-sites/Everett-Smelter/Residential-cleanup-and-sampling https://ecology.wa.gov/Spills-Cleanup/Contamination-cleanup/Cleanup-sites/Everett-Smelter/Residential-cleanup-and-sampling https://app.leg.wa.gov/rcw/default.aspx?cite=39.04

RFQ 2406 TCP Page 7 of 21 construction, construction warranty, and project closeout phases. The engineering firm will provide construction management and oversight during the public works construction and warranty period. The scope of engineering services includes project management services performed by a registered professional engineer specializing in project management. Anticipated specialties necessary for this project include:

• Current HAZWOPER 40-hour training for all personnel working on the site.

• Environmental engineering project manager experience in cleanup of contaminated sites.

• Experience designing and performing a cleanup action under the public works process.

• Experience overseeing and managing earthwork on a contaminated site, including excavation, consolidation, and disposal of contaminated soil, and potential contact with contaminated groundwater.

• Experience evaluating a contaminated site during active cleanup activities, including taking confirmation soil and groundwater samples, and delineating and documenting contaminant extents.

The scope of services identified for this RFQ include:

• Engineering Design Services for four (4) public works contracts (three residential public works contracts with approximately 40 residential properties each and one public works contract for the mausoleum):

o Prepare Engineer’s Cost Estimate in accordance with Chapter 39.04 RCW Public Works.

o Prepare property specific cleanup maps for owner cleanup plans. These maps are generated from information gathered during Ecology residential property visits.

o Prepare a construction bid package (Plans/Technical specifications- 60%, 90%, final, and Contract Ready Level) based on the selected remedy property-specific plans. The specifications shall be formatted to standard Construction Specifications Institute Master Format (current edition) and include the basis of design. Prepared drawings shall be to Ecology Computer Aided Drawing (CAD) standards (available on the Ecology public share site). Drawing sheet templates for the cover and title block will be provided during contract negotiations.

o Engineering design to achieve remediation objectives that protect existing site features and ROWs. This includes, but is not limited to steep slopes, retaining features, drainage systems, underground storage tanks, onsite sewage systems, utilities, or any additional features needing protection.

This work may involve site visits as part of completing engineered stamped plans and specifications.

o Provide site specific information needed to complete all substantive permit preparation.

RFQ 2406 TCP Page 8 of 21

• Bidding Support Services for four public works contracts (three residential public works contracts with approximately 40 properties each and one public works contract for the mausoleum):

o Attend pre-bid meeting and assist Ecology Cleanup Project manager with answering and documenting bidder inquiries and prepare any necessary addenda as part of the public works process in accordance with Chapter

39.04 RCW.

• Construction Management/Engineering Support Services for four public works contracts (three residential public works contracts with approximately 40 properties each and one public works contract for the mausoleum):

o Answering questions on submittals, designs, or specifications during the construction phase of the project.

o Revising or reviewing plans due to minor changes in the property conditions. Common examples of these changes include construction/ demolition of fences, sheds, and decks; and changes to landscaping.

Ecology estimates sixty percent of the properties may have minor changes requiring review.

o Revising or designing changes due to unforeseen circumstances, such as encountering ground water, soft soils, poor soil conditions, retaining features, drainage issues, underground storage tanks, unidentified utilities, or any additional unforeseen conditions. Engineering design and/or review for repair of retaining features, drainage systems, utilities, and other structures damaged from construction. This work may involve site visits to identify and address design issues and provide the public works contractor design clarification and/or instructions as part of a change order request.

Ecology estimates twenty percent of the properties may encounter unforeseen circumstances.

o Support Ecology program staff in composing/reviewing Work Change Directives and Change Order Proposals during active construction.

o Support Ecology program staff in reviewing project submittals required for final completion, such as record drawings.

o Support Ecology program staff during active construction, including conducting all construction oversight and collecting and analyzing bottom of excavation samples using X-Ray Fluorescence (XRF).

• Warranty Support and Project Closeout for four public works contracts (approximately 40 properties each for the three residential public works contracts and one mausoleum for one of the public works contracts):

o Answering questions that come up regarding the completed work during the public works contractor warranty period.

https://app.leg.wa.gov/rcw/default.aspx?cite=39.04

RFQ 2406 TCP Page 9 of 21 o Creating Soil Left-In-Place maps for each property to document where soils were not removed on each property.

o Revising designs due to failure. Ecology estimates that one property per the three residential public works contracts may have a failure after implementation of the project. This may require a revised design to address the issue.

o Assist in the project closeout as necessary.

2.4.2. Non-engineering services

This scope includes additional services to obtain permits identified during the design phase, and complete necessary applications addressing cultural resources, if needed.

The A/E will assist Ecology with public outreach. Additional land surveying services may be required to document work completed at the site.

2.5 Period of Performance

The projected period of performance is in the following table. Actual dates of the project schedule will be finalized during contract negotiations.

Project Phase(Submittal/Requirement) Approximate Due Date or time frame

Executed Contract Q4 2024

Planning level design (scoping).

60 days following delivery of Executed Contract .

Design Development and Construction Document Phases (Plans, specifications, and engineers estimate)

60 days following planning level design approval.

Bid Phase for public works project (Typical 30-day public works bid period, followed by an up to 60-day contract award time frame).

Following completion of contract-ready bid documents.

Construction Phase(s) of public works project

First public works project estimated to occur Q2 2025. Following public works projects expected to occur every year thereafter.

Warranty Period of public works project One-year period following Substantial Completion of each public works project.

RFQ 2406 TCP Page 10 of 21

Project Phase(Submittal/Requirement) Approximate Due Date or time frame

Project closeout phase: Construction Completion Report completed. Estimated to occur Q4 2029.

2.6 Budget Information

The total estimated project cost to complete this project is not available at this time.

Project costs estimation will follow selection of preferred cleanup, to be defined in the MTCA Cleanup Action Plan. The source of funds is from state appropriations.

3. SELECTION PROCESS and INSTRUCTIONS TO PROPOSERS

3.1 Selection Schedule

The anticipated schedule for the selection process is below:

Selection Process - Statement of Qualifications Evaluation Phase

Component Date or deadline

Public Advertisement of RFQ through WEBS 3/21/2024

Voluntary informational meeting (see Section 3.2 for time) 4/16/2024

Firm’s final questions due 4/30/2024

Ecology’s responses to questions in form of an addendum

Note: Ecology may elect to post the addendum containing the responses to questions earlier than the date indicated.

Posting the addendum early will be dependent on the amount and content of the questions submitted.

5/14/2024

Statement of Qualifications due (see page one for time) 5/28/2024

Evaluation complete and Short-List announced 6/28/2024

Selection Process - Interview Phase

Component Date or deadline

Opportunity for Self-directed Site Walk Through for shortlisted Firms 7/30/2024

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Presentations and Interviews 8/7/2024

Evaluation and ranking of A/E Firms 8/19/2024

Invitation to negotiate to Apparent Most Qualified A/E Firm 8/20/2024

Negotiations of contract 8/28/2024 – 9/25/2024

Execution of contract 10/16/2024

3.2 Self-Directed Site Visit

There will be NO Ecology led site visit at this site in Everett, Washington for general inspection. There is no public access to the site, but the majority of the site may be viewed from public ROWs on East Marine View Drive. Interested firms are encouraged to perform a self-directed site visit as needed to complement the information provided in reference documents. The referenced documents provide applicable maps and figures to aid in locating and accessing the site.

3.3 Virtual Voluntary informational Meeting

A virtual voluntary informational meeting is scheduled for this RFQ and will be conducted via a live stream utilizing Zoom. A link to the live stream is provided below.

When: 10:00 AM Pacific Daylight Time, Tuesday, April 16, 2024

Zoom Link:

https://waecy-wa-gov.zoom.us/j/81920191953?pwd=ejBtZjNJUklNTXcrQWNqYzc1di95Zz09

Zoom Meeting ID: 819 2019 1953

Zoom Password: 255173

One tap mobile

+13092053325,,81920191953#,,,,*255173# US

+13126266799,,81920191953#,,,,*255173# US (Chicago) Dial by your location

• +1 253 205 0468 US

• +1 253 215 8782 US (Tacoma) Meeting ID: 819 2019 1953 Passcode: 255173 https://waecy-wa-gov.zoom.us/j/81920191953?pwd=ejBtZjNJUklNTXcrQWNqYzc1di95Zz09 https://waecy-wa-gov.zoom.us/j/81920191953?pwd=ejBtZjNJUklNTXcrQWNqYzc1di95Zz09

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Interested firms are encouraged to attend this voluntary meeting and will be responsible for Following the informational meeting, Ecology will post the list of informational meeting attendees and presentation materials to the project Box.com folder.

3.4 Selection Process and Criteria

A/E firm will be selected using a two-phase qualifications based selection scoring and ranking process, consisting of a Statement of Qualifications Phase followed by the Interview Phase. The two phases are not additive in scoring, results for each phase will be independent of the other. The two phases are further described as follows:

3.4.1 Statement of Qualifications (SOQ) Phase. During this phase, submitted information will be scored and ranked based upon the following criteria, as indicated, for 140 possible points. Based on SOQ scoring and ranking process the evaluators will recommend firms that appear qualified to perform the work. The goal of the SOQ Phase is to identify a Short-List of the top three (3) to five (5) ranked firms, who will advance to the Interview Phase. If the goal of three short listed firms is not met, the TCP Contracts Officer may re-evaluate the solicitation and response prior to finalizing the Short-List. Based on the assessment, Ecology may cancel the solicitation and repost the solicitation or Ecology may proceed to the Interview Phase with a Short- List of less than three (3) qualified firms. All firms submitting a SOQ will be notified of the short-list results. The short-list will be posted to the Box.com folder.

CRITERION DESCRIPTION WEIGHTING

(max. points)

Qualifications of Key Personnel

Qualifications of Key Personnel means the professional qualifications and experience of proposed project team members of an A/E firm for this project. This includes major or specialty sub-consultants as applicable. For this solicitation Ecology anticipates needing a Professional Civil and/or Environmental engineer, and a geotech engineer.

Relevant Experience

Relevant Experience means the direct experience of the A/E firm for this type of project, preferably within the last five years.

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CRITERION DESCRIPTION WEIGHTING

(max. points)

Diverse Business Inclusion Plan

Diverse Business Inclusion Plan means the A/E firm’s plan to solicit for and include participation of qualified Minority-Owned, Women-Owned, Veteran- Owned, and/or Small Business enterprises in their proposed consultant teams in accordance with the Diverse Business Inclusion Plan Criteria. The criteria with goals and plan template are available on the Ecology Toxics Cleanup Program’s public share site as described below. The goals are provided in Section 3.5 Other Information.

Project Approach

Project Approach means the A/E firm’s demonstrated understanding of the RFQ scope of services and design challenges, needed A/E services, and strategies for managing and delivering those services for this project.

Geographic Proximity

Full points will be given if your working office/personnel for this project is located within 50 miles of Everett, WA.

Capacity and Production Capabilities

Capacity and production capabilities means an A/E firm has the capacity to perform the design services for this project in the time allotted (see section 2.5 for design deliverable schedule).

3.4.2 Interview Phase. Following the Statement of Qualifications Phase, the Selection Panel will interview the firms from the Short-List. The interviews will include presentations followed by a question and answers. Ecology anticipates that the interviews will be held using a virtual platform. If the goal of identifying the most qualified firm from the interviewed short-listed firms is not met, the TCP Contracts Officer may re-evaluate the need to add presentations to the interview phase.

The Interview Phase criteria and instructions will be provided with invitation letters to the short-listed firms. The invitation instructions may contain requirements related to the size and makeup of the interviewee team. Reference checks will be conducted as part of the Interview Phase and will factor into the scoring as described in more detail below. The top ranked firm following the Interview Phase will be selected as the apparent most qualified firm. The final ranking will be posted to the Box.com folder.

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The evaluation criteria in the Interview Phase will include evaluation of the firm’s management plan. As part of the management plan evaluation, firms will discuss their policies and procedures for managing current and potential conflicts of interest, and maintaining confidentiality of information. The firm’s policies and procedures must be detailed and robust, including, but not limited to:

• A process for identifying of conflicts of interest.

• A management plan for avoiding or neutralizing a conflict.

• A process for maintaining confidentiality of information.

• A program of staff training on conflicts of interest and confidentiality issues.

Diverse Business Inclusion Plan. Short-listed firms will submit a Diverse Business Inclusion Plan as part of the Interview Phase. The Diverse Business Inclusion Plan documents the A/E firm’s plan to solicit for and include participation of qualified Minority-Owned, Women-Owned, Veteran-Owned, and Small Business enterprises in their proposed consultant teams in accordance with the Diverse Business Inclusion Plan Criteria. The criteria with goals and plan template are available on the Ecology Toxics Cleanup Program’s public share site as described below. Ecology will check to ensure the plan is received as a required submittal on a Pass/Fail basis as part of the Interview Phase.

Diverse Business Inclusion Goals: Voluntary numerical Diverse Business Inclusion goals have been established for the project as: 10% Minority-owned Business Enterprise (MBE), 6% Women-owned Business Enterprise (WBE), 5% Veteran-owned Business Enterprise (VA), 5% Washington Small Business Enterprise (SBE), and 10% Minority Women-owned Business Enterprise (MWBE) have been established for this project. Achievement of the goals is encouraged.

A/E firms may contact the following resources to obtain information on certified and registered diverse business firms for potential sub-consultants:

• The Office of Minority and Women’s Business Enterprises: 866-208-1064 or www.omwbe.wa.gov.

• The Department of Veterans Affairs: 360-725-2169 or www.dva.wa.gov.

3.4.3 Reference and Performance Checks for Short-listed firms. Following the interviews, Ecology will check references on a Pass/Fail basis. Each firm’s references will be the point of contact provided for the example projects identified in the submitted SOQ. The point of contact will be very familiar with the example projects and the A/E firm’s (or firm’s) performance for that example project. See additional instructions in Section 3.6 Statement of Qualifications Submittal Requirements of this RFQ regarding complete contact information (project name, reference name and title, project role, current contact telephone number, and email).

References shall NOT be Ecology employees (former and current) since Ecology may include itself as a reference as discussed below.

http://www.omwbe.wa.gov/ http://www.dva.wa.gov/

RFQ 2406 TCP Page 15 of 21

Ecology will check references on a Pass/Fail basis. In the event that information obtained from reference checks reveals concerns about the firm’s past performance or their ability to successfully perform the contract to be executed based on this RFQ, Ecology may, at its sole discretion, determine that the firm is not the most qualified firm and may select the next highest-ranked firm whose reference checks validate the ability of the firm to successfully perform the contract to be executed based on this RFQ. In conducting references checks, Ecology may include itself as a reference check if the firm has performed work for Ecology, even if the firm did not identify Ecology as a reference. Likewise, Ecology reserves the right to check references for the firm from other owners and designers even if they were not identified by the firm as references in the SOQ submitted.

3.4.4 Negotiation of Contract. After the notification of the apparent most qualified A/E firm, ECOLOGY may enter into contract negotiations with the A/E firm, which may include discussion regarding the terms of the Contract.

Should contract negotiations fail to be completed within one (1) month after initiation, ECOLOGY may immediately cease contract negotiations and declare the firm with the next highest score as the new apparent most qualified firm and enter into contract negotiations with that firm.

The apparent most qualified firm will be expected to execute the Contract within ten

(10) Business Days of its receipt of the final Contract. If the selected A/E firm fails to sign the Contract within the allotted ten (10) days timeframe, ECOLOGY may elect to cancel the award, and award the Contract to the next ranked A/E firm, or cancel or reissue this RFQ.

3.5 Other Information

Future Services: Ecology reserves the right to continue with the A/E firm selected for this project or may conduct a new A/E firm selection process, for future services beyond those services advertised herein for this project.

A/E Contract: The agreement for A/E services will be based on the draft agreement available at the Ecology Toxics Cleanup Program’s public share site. Ecology issues this RFQ under the authority established in Chapter 70A.305 RCW, Hazardous Waste Cleanup - Model Toxics Control Act and in accordance with Chapter 39.80 RCW, Contracts for Architectural and Engineering Services. Fees will be negotiated in accordance with RCW 39.80. You may choose to provide exceptions to the A/E Service Agreement Template with your Statement of Qualifications. However, we will not respond to the exceptions, nor evaluate the exceptions in developing the Short-list for the Interview Phase. We anticipate providing direction to Short-listed firms on this matter as part of their invitation to interview.

Americans with Disabilities Act (ADA): Ecology complies with the ADA and related federal and state laws and regulations. Vendors may request ADA reasonable accommodations for public access and mobility for attending meetings, printed materials in a format for the hearing or visually impaired, or ADA parking. Persons with impaired https://app.leg.wa.gov/rcw/default.aspx?cite=70A.305 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.80&full=truehttp://apps.leg.wa.gov/rcw/default.aspx?cite=39.80&full=true

RFQ 2406 TCP Page 16 of 21 hearing may call Washington Relay Service at 711 and those with speech disability may call TTY at 877-833-6341. Vendors may request to receive this solicitation in another format. To request an ADA accommodation regarding this solicitation, contact Ecology by phone at 509-601-9779 or email at jim.petersen@ecy.wa.gov. For Washington Relay Service or TTY call 771 or 877-833-6341. Visit Home - Washington State Department of Ecology for more information.

Cost or Charges: No costs or charges under the proposed Contract may be incurred before the Contract is fully executed. Ecology will not reimburse A/E firms for any costs associated with preparing or presenting a Response to this RFQ.

Non-discrimination Laws:

During the performance of the proposed contract, the selected contractor shall comply with all federal and state non-discrimination laws, regulations, and policies.

In the event of the selected contractor’s non-compliance or refusal to comply with any non-discrimination law, regulation or policy, this proposed contract may be rescinded, canceled, or terminated in whole or in part, and the selected contractor may be declared ineligible for further contracts with Ecology. The selected contractor shall, however, be given a reasonable time in which to cure this non-compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.

a. Nondiscrimination Requirement. During the term of this proposed contract, the selected contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, the selected contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which the selected contractor, or subcontractor, has a collective bargaining or other agreement.

b. Obligation to Cooperate. The selected contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that the selected contractor, including any subcontractor, has engaged in discrimination prohibited by this proposed contract pursuant to

RCW 49.60.530(3).

c. Default. Notwithstanding any provision to the contrary, Ecology may suspend the selected contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by the proposed contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Ecology receives notification that the selected contractor, including any subcontractor, is cooperating with the investigating state agency. In the event the selected contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Ecology may terminate the proposed contract in whole or in part, and the selected contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. The selected contractor or subcontractor may be given a reasonable time in which to cure this mailto:jim.petersen@ecy.wa.gov https://ecology.wa.gov/ https://ecology.wa.gov/

RFQ 2406 TCP Page 17 of 21 noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

d. Remedies for the Breach. Notwithstanding any provision to the contrary, in the event of contract termination or suspension for engaging in discrimination, the selected contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Ecology shall have the right to deduct from any monies due to the selected contractor or subcontractor, or that thereafter become due, an amount for damages the selected contractor or subcontractor will owe Ecology for default under this provision.

3.6 Statement of Qualifications Submittal Requirements

An interested firm is required to provide a Statement of Qualifications (SOQ) that includes pertinent information to address the selection criteria and assist the Selection Panel in evaluating your firm’s qualifications as follows.

1) Required SOQ Content, maximum of thirty (30) total pages.

(a) Executive summary.

(b) Engineer Point of Contact.

(c) Organizational Chart of Proposed Team.

(d) Proposed Tax Information.

(i) Include Washington State UBI for prime and all subcontractors.

(ii) Include Federal EIN for prime and all subcontractors.

(e) Qualifications of Key Personnel Proposed for this Project.

(i) Identify the Project Manager.

(ii) Identify an alternate Project Manager, who can act on behalf of the Project Manager.

(iii) Provide the professional license number and endorsement(s) for all professional registrations, including but not limited to engineers and geologists registered in Washington State.

(iv) Identify key staff, including subcontractor’s staff, who will be assigned to the work, describing their responsibilities and qualifications, and include the amount of time each person will be assigned to the project.

(v) Include the résumés for the named key staff that includes information on the individual’s particular skills, education, experience, significant accomplishment, and any other pertinent

RFQ 2406 TCP Page 18 of 21 information related to performance of the work. (Résumés are not restricted to a page limit.)

(f) Example Projects Which Best Illustrate Proposed Team’s Qualifications for this Contract

(i) Minimum of three (3) and a maximum of six (6) example projects.

(ii) Identify a reference for the project owner and include current contact information.

(iii) Describe relevant experience that demonstrates the qualifications of the firm, and any subcontractors, for the performance of the work described in this RFQ.

(g) Authorized Representative (Identify and sign).

(h) Diverse Business Inclusion Strategies.

(i) Organizational Conflict of Interest and Confidentiality Plans (as presented in above RFQ Section 1.3).

2) Items not to be included with firms SOQ.

(a) Do NOT include standard marketing brochures.

(b) Do NOT include fee information related to the work under this solicitation of any type or in any form.

3) Electronic Format requirements/instructions:

(a) SOQ Copies: Submit one (1) electronic copy via email. NO HARD OR

FAXED COPIES, AND NO COPIES ON AN ELECTRONIC STORAGE

DEVICE (SUCH AS A DVD, THUMB DRIVE) WILL BE ACCEPTED.

(b) Electronic file format: PDF with protection from editing with a maximum file size of 10 MB.

(c) Electronic document format:

(i) Sheet size: 8 ½” X 11”, sheets larger will be counted as two pages.

(ii) Font: Use size 11 sans-serif such as Arial.

4) Transmittal instructions for submittals:

(a) Email subject line to include:

(i) RFQ number and project name.

(ii) Identification as a Statement of Qualifications.

(b) Cover page of SOQ to include: (cover page does count towards the 30-

RFQ 2406 TCP Page 19 of 21 page limit)

(i) RFQ number and project name.

(ii) Name and address of submitting firm.

(iii) Identification as a Statement of Qualifications.

(c) Transmit submittals by email to the Ecology Toxics Cleanup Program’s Architect-Engineer Contracting resource email box:

tcphqaecontracts@ECY.WA.GOV.

5) Submittal Due Date and Time: Submittals not received by the specified submittal deadline identified on page one of this RFQ will not be accepted.

A/E firms are responsible for timely submission. For emails, the "receive date/time" posted by the Ecology’s email system will be used as the official time stamp for the time of receipt for the response. Firms should allow sufficient time to ensure timely receipt of their email. Ecology assumes no responsibility for delays and or errors caused by the firm’s email, Ecology’s email, network events, or any other party. All submittals become the property of the State.

6) Questions: Send all questions concerning the selection process, project, and technical aspects to the RFQ Coordinator, Jim Petersen, P.E., Toxics Cleanup Program Contracts Officer by email at jimp461@ecy.wa.gov and copy the resource email box at: tcphqaecontracts@ECY.WA.GOV. Please make sure each one of your questions includes a section/subsection number and page number directly from the RFQ document. Make sure you include the word “Questions” and the RFQ number in the email subject line.

7) The State of Washington is an affirmative action employer.

8) Responsiveness: All Responses will be reviewed by the RFQ Coordinator to determine compliance with administrative requirements and instructions, and minimum requirements specified in this RFQ. This is specific notification that failure to comply with any part of the RFQ may result in rejection of their Response as non-responsive. Any Response that is rejected as non-responsive will not be evaluated for award.

mailto:tcphqaecontracts@ECY.WA.GOV mailto:jimp461@ecy.wa.gov mailto:tcphqaecontracts@ECY.WA.GOV

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END OF REQUEST FOR QUALIFICATIONS