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Port of Dbq Remediation PetroleMEMORANDUM December 19, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Request for Proposals - Remediation of Petroleum Plume in the Port of Dubuque The City has received a $200,000 EPA Brownflelds Cleanup Grant and is awaiting word on a State of Iowa Brownfields grant of $142,000 to assist in the cleanup of the former Molo Oil site. Economic Development Director Bill Baum is recommending City Council approval to issue a Request for Proposals (RFP) to solicit qualified environmental engineering firms to design and implement a remediation plan for cleanup of a petroleum plume in the Port of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM December 18, 2003 TO: FROM: Michael Van Milligen, City Manager .~ .¢~...--~ William Baum, Economic Development Director ~/~¢ SUBJECT: Request for Proposals--Remediation of Petroleum Plume in the Port of Dubuque Introduction The purpose of this memorandum is to request City Council authorization to issue a Request for Proposals (RFP) to solicit qualified environmental engineering firms to design and implement a remediation plan for cleanup of a petroleum plume in the Port of Dubuque. The proposed RFP is attached to this memorandum. Background The City has received a $200,000 EPA Brownfields Cleanup Grant and is awaiting word on a State of Iowa Brownfields grant of $142,000 to assist in the cleanup of the former Molo Oil site. The City has previously commissioned a feasibility study by Preston Engineering to study the possible remedial responses to cleaning up the site. A biosparging, or bioventing, method has been recommended and approved by the EPA. This method involves injecting air into the ground through an underground piping and well system to stimulate microbial action to neutralize the petroleum contamination. The process is estimated to take 3 years using a three phased approach to the 3 acre site. Very little above-ground disruption is anticipated and existing parking lot usage will remain. Discussion The RFP provides for a process to identify qualified environmental engineering firms that have the expertise, knowledge and capacity to undertake the remediation project. A Selection Committee comprised of the following persons will review the RFP's and make their recommendation to the City Manager: Bill Baum, Economic Development Director Pam Myhre, Economic Development Mary Rose Corrigan, Health Services Manager Rich Russell, Building Services Manager Deron Muehring, Engineering Kyle Kritz, Planning Services Recommendation I recommend moving forward with the RFP process for the remediation of the petroleum plume in the Port of Dubuque. The process should begin as soon as possible to allow construction of the remediation system to be underway this coming spring. Action Step The action step for the City Council is to authorize the issuance of a Request for Proposals for the remediation of the petroleum plume in the Port of Dubuque. attachment F:\USERS~Pmyh re\WPDOCS~EPA~rfpmemomvm.doc REQUEST FOR PROPOSALS ENVIRONMENTAL DESIGN AND REMEDIATION SERVICES USEPA BROWNFIELDS CLEANUP GRANT PROJECT DUBUQUE, IOWA The City of Dubuque, Iowa is seeking QUALIFIED PROPOSALS from environmental consulting firms interested in providing design and remediation services for cleanup of a petroleum plume in the Port of Dubuque adjacent to the Mississippi River. The City is a recent recipient of a $200,000 EPA Brownfields Cleanup Grant. Attached is a copy of the grant application submitted by the City and approved by the Environmental Protection Agency (EPA). A Cooperative Agreement has been executed with EPA. Project Description The proposed project involves the remediation of a petroleum plume affecting both soil and groundwater in the Port of Dubuque Mississippi riverfront redevelopment area. The current environmental contamination severely limits the reuse of the property. All appropriate inquiry has been completed, various strategies to remediate the property have been explored and a remediation plan has been proposed. The proposed remediation, based on a feasibility study by Preston Engineering of Davenport, Iowa (attached), is a biosparging, or bioventing, method. The EPA grant period is two years; however, an extension has been anticipated due to original estimates of a three-year remediation process. The proposed work plan identified in the original cleanup application includes the following: · Enroll site in the IDNR's Land Recycling Program. Install approximately 30 monitoring wells throughout the plume area. These wells will be used to establish a baseline of conditions prior to any remediation. The groundwater in the wells will be tested for dissolved oxygen and carbon dioxide. Some of the wells will also be tested for BTEX. Phase the remediation to judge the effectiveness of the methodology and alterations, based on experience in the Phase 1 area, will be made if necessary. Thirteen wells will be installed initially in the north part of the plume area, and underground piping will be run from the wells to a small building. The building will house an air compressor and regulation system, a system controller and various system monitors. Each well will be fitted with a valve and flow meter so that air going through each well can be regulated. Operate remediation system until either the State of Iowa Statewide Standards, or site-specific standards approved by IDNR, are met for benzene, toluene, ethylbenzene, xylenes and naphthalene in the soil and groundwater. Monitor the system periodically to establish the effectiveness and to provide data for system refinements. After remediation is complete in the north part of the plume, the system will be turned off, and groundwater samples will be collected to demonstrate that the standards have been achieved. Subsequently, install remediation system in the central and south portions of the plume. The proposed biosparging remediation is estimated to take 3 years as it is structured in a 3-phase process. The timeline could be altered based on the experiences encountered in the initial phase of the remediation. The timeline is estimated as follows: RFP process initiated 12/03 Consultant contract 2/04 Remediation Design Plan 3~04 Baseline Data Report 5~04 Construction/Installation Report 7/04 Phase 1 Operation and Maintenance Report 7/05 Phase 2 Operation and Maintenance Report 7/06 Final Report 7/07 (includes Phase 3 Operation and Maintenance Report, deconstruction and close out) Scope of Services The scope of services to be provided by the environmental consultant are assumed to include: Review, update and modify the existing proposed biosparging remediation design plan with clear explanation of proposed changes. The detailed design plan will be subject to EPA review and approval. 2. Enroll project in the IDNR Land Recycling Program. 3. Construct the remediation system and collect all necessary baseline monitoring data in accordance with the approved detailed design plan. 2 4. Prepare and submit Construction/Installation and Baseline Monitoring Reports for review and comment by IDNR and EPA; revise as necessary. 5. Operate and maintain the remediation system, collecting interim monitoring data at frequencies specified in the approved detailed design plan. 6. Submit Phase I Operation and Maintenance Report; revise as necessary. 7. Adjust/optimize system operations, collect interim monitoring data as specified in the approved detailed design plan. 8. Prepare and submit Phase 2 Operation and Maintenance Report as specified in the approved detailed design plan. 9. Prepare and submit Phase 3 Operation and Maintenance Report as specified in the approved detailed design plan. 10. Complete the remediation as required by law to achieve IDNR Land Recycling Program objectives. 11. Decommission the project. 12. Provide necessary and appropriate deliverables, including quarterly reports to be included with required City reports to EPA. Other The consultant will need to prepare an amendment to the existing Quality Assurance Project Plan (QAPP) that has been approved for the City's Brownfleld Assessment Grant, as well as a Site-Specific Health and Safety Plan in accordance with 40 CPR 1910.120 or other more current regulations of EPA. The consultant may also be required to attend public meetings and Port of Dubuque property owner meetings on occasion. Budget The budget for the three-year remediation has been estimated at approximately $570,620, although proposals should accurately reflect the submitting firm's best estimate of costs based on any update and modification of the proposed remediation design plan and the firm's cost to construct, operate and maintain the remediation process. Content of Proposal/Statement of Qualificatio~-~ The following information shall be included: Firm name, address, telephone, and fax numbers. Type of organization (partnership, corporation, etc.). Names of principals. List of past projects completed by the firm that demonstrate knowledge and ability to perform the proposed work. The list should include the project, location of project, date, name of contact person and telephone number. Resumes, including names, qualifications, and a description of projects completed, for personnel which will be directly assigned to the Dubuque project. This information should identify the person in charge and all members of the consultant's team. A schedule of existing hourly rates to be charged by the consultant should be included. List of any subcontractors that will be used on the project, including the name of the testing laboratory to be used for this contract. A statement or disclosure of all material litigation, administrative proceedings and bankruptcy proceedings currently pending or having occurred within the past ten years directly or indirectly involving the company, regardless of cause or merit, including the nature and status of such litigation. A narrative description of how the consultant would approach the scope of services requested. The description should address each of the points identified above. Timeline for project completion. Proposed budget. Selection Process A selection committee will review the proposals received. The contact person for the committee is Pam Myhre, Economic Development Planner, (563) 589-4393. The committee will by consensus select up to 3 firms for interviews. The selection committee will base their final selection on qualifications. It is anticipated that the selection committee will schedule interviews in late January 2004 with the final selection in February 2004. Selection of the consultant will be based upon: · The consultant's experience and/or knowledge of the EPA Brownfield program regulations. (10% or 10 points possible for this criteria out of a total of 100). · Direct experience in successfully designing and implementing environmental remediation systems. (50% or 50 points) · References from successful remediation projects in other communities or for private clients. (20% or 20 points) · Cost (20% or 20 points) The City and the selected consultant shall negotiate fees and costs, and enter into a written contract for the work to be performed. If, for some reason, an agreement on cost, fees or hourly rates cannot be reached to the satisfaction of the committee, 4 negotiations may begin with another consultant. The City reserves the right to select or reject any or all consultants based on their evaluation of the proposals. After the negotiation process is complete, the selection committee will make a recommendation to the City Manager, who will make a recommendation to the City Council. Submittal Date Seven complete copies, and one reproducible copy (unbound) of the Proposal must be submitted to the Economic Development Department, City Hall, 50 West 13th Street, Dubuque, iA 52001, no later than Noon on January 23, 2004. Questions should be addressed to Pam Myhre, Economic Development Planner at 563-589- 4393. Attachments Provided EPA Brownfield Cleanup Grant Application Project Remediation Feasibility Study Other Requirements If Selected The consultant must agree to comply with the Anti-Lobbying Activities, Section 319 of Public Law 101-121, effective December 23, 1989, and file an Anti- Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required. The Consultant agrees to require this of all subcontractors of $100,000 or more. The consultant must certify by submittal of EPA Form 5700-49, Certification Regarding Debarment, Suspension and other Responsibility Matters, that to the best of its knowledge and belief that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. The City of Dubuque has accepted the applicable FY 1999 Minority Business Enterprise (MBE)/VVomen Business Enterprise (VVBE) "fair share" goals/objectives negotiated with EPA by the Iowa Department of Natural Resources (IDNR) as follows: MBE WBE Supplies 0.6% 05.6% Services 2.5% 11.3% Equipment 2.5% 10.4% Construction 1.7% 02.2% Therefore, the consultant must agree, in subcontracting any of the work under the City's contract, to the fullest extent possible, that at least the applicable "fair share" objectives are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, and Historically Black Colleges and Universities. The consultant agrees to include in its bid documents for subcontractors the negotiated "fair share" percentages. Consultant agrees to cooperate with the City in the MBENVBE reporting requirements of EPA. Consultant, once selected, must comply with and provide the following insurance statements and certificates of coverage: o INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies o£the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy, shall also be required to provide Certificates of Insurance of all subcontractors, and all sub-subcontractors who perform ~vork or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of Each Certificate of Insurance shall be submitted to the contracting department of the City of Dubuque, Iowa prior to commencement of work/service. (The contracting department shall submit the certificates to the Finance Director.) All policies of insurance required in Paragraph 7, except Professional Liability, shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached Governmental Immunities Endorsement. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the insurance required herein shall be considered a material breach of this agreement. , subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: 7 PROFESSIONAL LIABILITY: COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments Envirormaental Impairment Insurance $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 50,000 $ 5,000 $ 1,000,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises-operations-products-completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. UMBRELLA OR EXCESS LIABILITY: $ 1,000,000 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended form time to time. Claims Coverage. The insurance carder further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carder. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carder shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Couvri~ht. Insurance Services Office. Inc. 1994 CG20 26 11 85 F:\US ERS\Pmyhre\WPDOCS\EPA\RFP.doc