RFQ Superior Slips 03112022.docx

Request for Statements of Qualifications (RFQ) Superior Slips – Feasibility & Preliminary Designs

BRRTS# 07-16-585325

Wisconsin DNR – Bureau for Remediation and Redevelopment (March 28, 2022 SOQ Due Date)

INTRODUCTION

The Bureau for Remediation and Redevelopment (RR) in the Wisconsin Department of Natural Resources (DNR) is seeking Statements of Qualifications (SOQs) from qualified consultants interested in the preparation of feasibility studies[footnoteRef:1] and preliminary design items for the remedial action of the Superior Slips in the St. Louis River Area of Concern (SLRAOC). [1: Feasibility studies shall follow the requirements of Wis. Stats. Ch. 292, Wis. Admin. Code Chs. NR 700 to 754, and the substantive elements of EPA guidance. Reports to be prepared as remedial action options reports (RAORs) under Wisc. Admin. Code Ch. NR 722 and meet EPA requirements to the extent practicable.]

The Superior Slips (the Slips) are in the SLRAOC and collectively include three slips in Superior, Wisconsin: Tower Avenue, General Mills, and the Oil Barge Dock. For more than 135 years, the Superior Slips have been a mainstay for shipments of fossil fuels (petroleum and coal), grain, and various industrial activities. This use legacy has resulted in sediment contamination and documented impacts from petroleum, coal, heavy metals, and organotin.

Multiple lines of evidence show that sediment contamination in these Slips contributes to one or more Beneficial Use Impairments (BUI). Accordingly, the Remedial Action Plan (RAP) for the SLRAOC includes specific management actions for sediment remediation. The identification, selection, and ultimate implementation of remedial actions for contaminated sediment in the Slips is necessary to reduce the concentration, mass, mobility, toxicity, and volume of contamination that contributes to BUIs and presents risks to human and ecological receptors or serves as a continued source of water quality impairments. When complete, the RAORs and preliminary design will move these Slips toward remediation to address BUIs related to sediment contamination, contributing to the eventual delisting of the SLRAOC.

The Scope of Work (SOW) associated with this Request for SOQs will accomplish all efforts necessary to evaluate the technical, economic, and regulatory feasibility of various remedial alternatives, select remedial actions, and prepare preliminary design items, including but not limited to basis of design memoranda. In addition, the work includes all associated tasks to move sites towards remedial construction, such as the solicitation of public input, identification of applicable permits, permit application support, archeological and historic resource surveys, source control evaluations, and the identification and planning to address data gaps for pre-design investigations. The selected contractor will develop work plans, draft, and final FS reports, Quality Assurance Project Plans (QAPP), preliminary remedial design items, and interrelated technical memoranda or reports. Wisconsin DNR expects to partner with local stakeholders and submit one or more proposals for remedial action under the Great Lakes Legacy Act (GLLA) to the United States Environmental Protection Agency (EPA). If accepted as a GLLA project(s), the EPA will use the preliminary design items developed under the SOW to complete the design and construct the selected remedial actions in the Project's next stage. The SOW for this phase of the Project will be released under a separate Request for Proposals (RFP).

SCOPE OF SERVICES

The consultant shall provide all necessary services to advance the feasibility and preliminary design portion of the Project in the required timeframes, including:

· Evaluations of sediment contamination sources and recontamination potential, and the identification of any necessary source control measures using available information

· Preparing remedial action options reports under Wis. Admin. Code NR 722

· Underwater archeological surveys and reports,

· Assistance with Section 106 of the National Historic Preservation Act (NHPA) grant deliverables for Federally funded projects

· Public participation meeting(s) on remedial alternatives and preliminary determination(s) of effect under Section 106 NHPA

· Organizing and facilitating technical meetings, conference calls, and webinars to effectuate the Project

· Preparing materials for and participating in public information meetings on selected remedies

· Identify and prepare lists with regulatory contacts for all local, state, and federal permits necessary to implement selected remedies

· Compiling information and other efforts needed to complete permit applications for construction

· Evaluations of dock wall stability or other technical considerations for constructability

· Preparing preliminary design items that meet GLLA project needs, including but not limited to, basis of design memoranda and items required under Wis. Admin. Code NR 724

· Producing 3-dimensional surfaces for construction, including preliminary design plans and select specifications for environmental considerations or controls during construction

· Identifying any data gaps for pre-design investigation(s)

· Planning for, collecting, interpreting, and using new data for the design from:

· sediment sampling including chemical, geotechnical, and waste characterization.

· surveys:

· bathymetry

· drone

· objects (shoreline structures, utilities, down trees)

· sediment poling

· topography

CONTRACT REQUIREMENTS

Each selected consultant will be provided with DNR's standard Professional Services Contract (Attachment 1). If the firm cannot agree with DNR's contract provisions, DNR will select another consultant. DNR will not negotiate contract language.

The consultants that submit their qualifications to the DNR under this RFQ do so recognizing the following specific contract requirements:

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

Copyrighted Material No documents or information that is developed and paid for under this initiative for the DNR may be copyrighted by any consultant. The copyrighted materials conditions in Attachment 1 also apply.

Utilization of Business Enterprises The consultants shall make every effort to meet both State and Federal requirements State Requirements The state requires that the Consultant shall make every effort to award a minimum of 5% of the work to minority business enterprises. Minority Business Enterprise (MBE) means:

A sole proprietorship, partnership, joint venture, or corporation which is certified by the Wisconsin Department of Development to be 51% owned, controlled and actively managed by a Black, Hispanic, American Indian, Eskimo, Aleut, Native Hawaiian, Asian Indian, or a person of Asian-Pacific origin. The business must also be currently performing a useful business function.

The Consultant is required to submit a report to the DNR which identifies the MBE to whom the work was awarded and the value of said work. A current list of minority business enterprises may be obtained from:

The State of Wisconsin Department of Administration Minority and Disabled Veteran Owned Business (DVB) Certification Program Minority Business Certification Program 101 E Wilson St, 6th Floor PO Box 7970 Madison, WI 53707 Tel: (608) 267-9550 Fax: (608) 267-0600 or at the following web link:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx

The 5% for participation of certified MBE is the only percentage that has been established by statute. Utilization of women owned, veteran owned, and small business is encouraged, but there is not a statutory percentage for these kinds of businesses.

Federal Requirements DNR is funding Phase 1 of this project under a financial agreement with EPA, making the work subject to federal grant requirements. Consultants shall comply with the requirements of the EPA’s Disadvantage Business Enterprise (DBE) Program contained in 40 CFR, Part 33. EPA requires that good faith efforts be made under 40 CFR, Part 33, Subpart C. Consultants shall make every possible effort to comply with the six good faith efforts at 40 CFR, Part 33, Section 33.301(a)-(f) when procuring construction, equipment, services, and supplies for this project. Records documenting compliance with the six good faith efforts shall be retained. Pursuant to 2 CFR, Section 1500.3(b), EPA no longer certifies entities as Minority-Owned Entities or Women-Owned Entities per a class exemption issued in October 2019.

CONSULTANT SELECTION PROCESS

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

STATEMENT OF QUALIFICATIONS SUBMITTAL FORMAT

The SOQ should be submitted in the following sequence/format. The submittal should be in 11-point, Calibri font. Failure to comply with these requirements may be cause for the SOQ to be considered nonresponsive and not receive further consideration.

LETTER OF TRANSMITTAL (maximum of 1 page) This letter should be signed by the proposed Project Manager and Engineer of Record (EOR), and should state concisely, in less than one page, the proposer's understanding of the work to be performed, and the abilities of the firm to perform the work effectively for the DNR. Do not include superfluous marketing information or materials.

TITLE PAGE (1 page) The title page should state that it pertains to:

Request for Statements of Qualification Superior Slips – Feasibility & Preliminary Design

BRRTS# 07-16-585395

Wisconsin DNR – Bureau for Remediation and Redevelopment (March 28, 2022 SOQ Due Date)

The title page must include the name of the proposing firm, address, telephone number, name and email address of the proposed Project Manager, and the submittal date.

TABLE OF CONTENTS (no page limit) The table of contents should identify the material by section, the beginning and ending page numbers of each section, and all appendices.

FIRM PROFILE (maximum of 2 pages) In this section, respondents shall describe, in less than 2 pages, the firm and the range of services that the firm provides directly related to this RFQ. Emphasis should be on experience with contaminated sediment feasibility studies and remediation design. For all experience cited in response to this request for SOQ, respondents must identify the specific projects, geographic locations, and clients. Experience cited from nameless projects or anonymous clients will not be considered.

PROJECT MANAGER QUALIFICATIONS AND RELATED EXPERIENCE

(maximum of 3 pages) In less than 3 pages, respondents shall describe the pertinent qualifications of the proposed project manager (PM). Emphasis should be made on the ability to maintain project scope, schedule, and budget. One of the three pages shall be the PM's resume.

ENGINEER OF RECORD QUALIFICATIONS AND RELATED EXPERIENCE (maximum of 3 pages) In less than 3 pages, respondents shall describe the pertinent qualifications of the EOR. Emphasis should be made on the ability to develop plans and specifications for contaminated sediment remediation (particularly dredging and capping), reviewing and approving contractor submittals, and experience working adjacent to structures, utilities, and steep slopes. One of the three pages shall be the EOR's resume.

DNR requires the EOR to be a registered professional engineer (PE) in the State of Wisconsin, and to sign, PE stamp, and certify documents prepared under this SOW in accordance with the certification statement in NR 712.09(3)(a).

PROJECT TEAM QUALIFICATIONS AND RELATED EXPERIENCE

(maximum of 6 pages) Respondents shall describe the proposed project team individuals including subcontractors, surveyors, and laboratories to be used on the Project. Descriptions should include individual's expertise, certifications, licenses, potential roles and responsibilities. This section may include resumes or summaries of qualifications and experiences of project team members, and should be specific to the individual that will be performing the work rather than the firm in general, and only for projects in the last ten years. Note the following requirements and specific areas to emphasize:

· Contaminated sediment remediation data collection and evaluation,

· Experience and success in working with the State of Wisconsin’s ch. NR 700 rule series, and in particular chs. NR 716, NR 722, and NR 724,

· Development of representative conceptual site models, remedial action objectives, and cleanup goals,

· Evaluation of remedial technologies for sediment (monitored natural recovery, dredging, capping or others),

· Formulating and comparing remedial alternatives based on protection of human, health and the environment, and criteria for technical and economic feasibility,

· Experience soliciting public and primary stakeholder input on proposed alternatives,

· Construction cost estimation,

· Geotechnical and structural analysis of structures and slopes adjacent to dredging,

· Contaminated sediment remediation design and construction,

· Regulatory permit support including, but not limited to, Section 106 of the National Historic Preservation Act,

· Archeological field surveys (phase 1 and underwater surveys using CHIRP side-scan sonar),

· Topographic surveys shall be completed by registered professional land surveyors in the State of Wisconsin,

· Hydrographic surveyors are preferred to be certified through the National Society of Professional Surveyors and have experience with shallow water environments,

· Analytical laboratories must be ch. NR 149-certified.

References (1 page) A minimum of three (3) non-DNR, client contacts as professional references and the name and telephone number of a person to contact for each. References should be related to contaminated sediment remedial action work conducted for those entities.

GEOGRAPHIC PRESENCE AND CAPACITY (maximum of 1 map and 1 page) Discuss available capacity and staff related to data collection, public meetings, the construction pre-bid meeting, project meetings, and construction oversight. Discussion should include travel time, lodging, and per diem needs to perform onsite work.

Produce a map showing the office location(s) of individuals (including subcontractors) expected to perform work that requires being onsite. Showing the firm's and subcontractors office locations, in general, is insufficient.

Other Affiliations (maximum of 2 pages) Respondents are required to disclose any past or current work involving professional services for the investigation or remediation of contaminated environmental media provided to any of the following:

· Wisconsin Department of Natural Resources,

· City of Superior,

· C. Reiss Company,

· BP North America,

· Midwest Energy Resources Company,

· General Mills,

· BNSF Railway Company,

· CHS,

· Barko Hydraulics,

· Superior Refining,

· Murphy Oil,

· Magellan Pipeline,

· Superior Water Light & Power.

SOQ SUBMITTAL REQUIREMENTS

Respondents must submit their SOQs in accordance with the following requirements:

· The respondent's name and address, as well as a distinct reference to the RFQ Title, must be clearly marked on all copies of the SOQ. All SOQs will be time-stamped upon receipt and kept unopened, until the Closing Date. The DNR, or any official or employee thereof, will not be responsible for the pre-opening of, post- opening of, or the failure to open a SOQ not properly addressed and identified. Delivery of SOQs by electronic means such as facsimile and e-mail, are not allowed and SOQs so delivered will not be considered. Any SOQ received and time-stamped after the closing date and time will not be considered. Regardless of the method used for delivery, respondents shall be wholly responsible for the timely delivery of the submitted SOQ to the correct address detailed below.

· Submit your original copy of your SOQ any time prior to the closing date and time. SOQs must be received no later 4:00 PM (Central Time) on March 28, 2022 at the DNR Service Center in Spooner, Wisconsin. Submit SOQ to:

Joe Graham Wisconsin Department of Natural Resources Spooner Service Center 810 W. Maple Street Spooner, WI 54801

· The delivery date and time of the SOQ to the Spooner Service Center is what will be used to determine that the SOQ is received prior to the closing date and time. Submit an original hardcopy, a copy of the original, and an electronic copy on a USB drive to the Spooner Service Center.

· In addition, submit one copy of the original SOQ by 4:00 PM (Central Time) to:

Scott Inman Wisconsin Department of Natural Resources 3911 Fish Hatchery Road Fitchburg, WI 53711

AND

John Hunt Wisconsin Department of Natural Resources 101 N. Ogden Road Peshtigo, WI 54157-1734

· Electronic copies shall be in Portable Document Format (PDF) format, text searchable (not scans), and include bookmarks that match the document sections, including the Tables, Figures, and Appendices.

AWARD CRITERIA

SOQs will be reviewed and rated by the DNR based on the objectives as laid out in this document.

PROCUREMENT SCHEDULE AND PROCEDURES

Procurement Schedule Key Proposed Dates[footnoteRef:2] of Selection Procedure Include: [2: All dates are subject to change except for the SOQ due date]

March 14[footnoteRef:3] RFQ available date [3: All dates are in 2022]

Following the selection of qualified firms, the dates for the next steps listed below are approximate:

Procurement Procedures Site Documents Site documents will be available at the time of a request for proposal on the DNR R&R FTP site (https://ftp.wi.gov ) as the focus of this review is solely on qualifications to perform the work. Respondents are welcome to review the information already available on Bureau for Remediation and Redevelopment Tracking System (BRRTS) on the web. The BRRTS cases relevant to this project include, but may not be limited to, 07-16-585325 and 07-16-584798.

Prohibition of Contact Respondents are specifically directed not to contact any DNR staff for questions, meetings, conferences or technical discussions that are related to this RFQ. Unauthorized contact with any DNR personnel will be cause for rejection of the SOQ.

RFQ Questions

· The deadline for submitting written questions regarding this RFQ is one week, no later than 11:59:59 PM on March 21, 2022.

· Questions are to be submitted to Joe Graham via e-mail at Joseph.Graham@wisconsin.gov

· Questions submitted by telephone will not be accepted.

· Answers to written questions will be posted to the FTP site in the form of an addendum to this RFQ by (March 25, 2022).

· Questions submitted after the (March 25, 2022) deadline will not be considered (No exceptions).

· It is the responsibility of the respondent, prior to submitting a response to the RFQ, to periodically check the FTP site to ensure that all addenda for this RFQ have been downloaded, and that all of the information requested has been included in the SOQ response.

Follow-up Interviews The DNR estimates that three (3) to eight (8) of the top ranked proposals will be invited to follow-up interviews by Skype Meeting. The number of invitations that DNR sends will vary based on the interest and quality of proposals. The purpose of the interviews is to gather additional information to evaluate respondents on their abilities to provide the environmental consulting services requested by this RFQ. Proposers must be available for these follow-up interviews on specific dates and times. Please hold April 25 and April 26 (2hr slots) for one interview. The consultant's PM and EOR must be present at this interview.

Negotiations After interviews and final evaluations are completed, the DNR may, at its sole option, open work scope and cost negotiations with one or more of the top-ranked proposers prior to award. The DNR also reserves the right to open negotiations with one or more alternate proposers if negotiations with one or more of the previously selected proposers are not successful. The DNR will not negotiate contract terms and conditions.

Rejection The DNR reserves the right to reject any and all proposals, to waive any informality in the proposals that are received, to accept or reject any or all items in the proposal, and to award a contract to an environmental consulting firm in whole or in part. Moreover, the DNR reserves the right to make no selection if the proposals are deemed to be outside the fiscal constraint or not in the best interests of the DNR.

Award The DNR will select the respondents whose proposals best meet the DNR's needs as defined in this RFQ and subsequent SOW. Contractual commitments are contingent upon the availability of funds, and the requirements of the site. All contracts are subject to the approval of the DNR's legal counsel, and the DNR Secretary's office prior to execution. This contract is expected to be greater than $60,000 and require the governor's signature. Once awarded, the contract will be the final expression of the agreement between the parties and may not be altered, changed or amended except by mutual agreement, in writing.

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

Confidential Matters: Vendor Data:

If any information submitted in the SOQ is considered confidential or proprietary, the respondent must identify this information by completing and including the Designation of Confidential and Proprietary Information Form (Appendix 2) with their proposal, in accordance with statutory requirements.

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

ATTACHMENT 1

Professional Services Contract (template)

ATTACHMENT 2

Designation of Confidential and Proprietary Information Form