Request For Proposal (RFP) Millennium Bulk Terminals Longview, LLC Project. NEPA/SEPA Environmental Impact Statement Development

Transcription

1 Request For Proposal (RFP) Millennium Bulk Terminals Longview, LLC Project NEPA/SEPA Environmental Impact Statement Development Date: November 21, 2012 Prepared by: Cowlitz County Department of Building and Planning Co-Lead Agencies: The U.S. Army Corps of Engineers (Corps), Cowlitz County Department of Building and Planning (County), and Washington State Department of Ecology (Ecology), collectively the Agencies Proposals must be received and stamped on or before the below due date and time at this location: January 15, 2013 at 5:00 pm Mike Wojtowicz Cowlitz County Department of Building and Planning th Avenue North Kelso, WA (360) ext wojtowiczm@co.cowlitz.wa.us Page i

2 Millennium Bulk Terminals Longview, LLC Project Request for Proposal NEPA/SEPA Environmental Impact Statement Development Table of Contents 1.0 SOLICITATION OVERVIEW Contract Formation Solicitation Amendments Incorporation of Documents Right to Cancel SUMMARY OF OPPORTUNITY Purpose Expected Result Award PROJECT DESCRIPTION SCOPE OF SERVICES REQUIRED Proposed Project Requirement for NEPA and SEPA Compliance Joint Lead Agencies EIS COMPLETION SCOPE OF SERVICES Scoping EIS Development Technical Support Schedule and Execution PREPARATION OF PROPOSALS INSTRUCTIONS TO CONSULTANTS Communications While Preparing Proposals Proposed Procurement Schedule Pre-Proposal Conference PROPOSALS Submittal of Proposals Invited Interviews Proposal Evaluation Criteria Consultant Selection... 9 Page ii

3 6.3 Proposal Contents Letter of Transmittal Project Team Qualifications Technical Approach and Schedule Rate Schedule of the Consultant s Fees TERMS AND CONDITIONS Commencement State of Washington Licenses Insurance Project Interfacing Documentation Conflict of Interest Handling of Information Attachment A Attachment B Page iii

4 Millennium Bulk Terminals Longview, LLC Project Request for Proposals NEPA/SEPA Environmental Impact Statement Development 1.0 SOLICITATION OVERVIEW 1.1 Contract Formation A Proposal submitted in response to the Solicitation is an offer to contract with the County. A Proposal becomes a Contract only when legally awarded and accepted in writing by the County. 1.2 Solicitation Amendments Prior to submittal due date and time, the Agencies reserve the right to change portions of this RFP. 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 solicitation document. All changes must be authorized and issued in writing by the County. If there is any conflict between amendments, or between an amendment and the RFP, whichever document was issued last in time shall be controlling. 1.3 Incorporation of Documents This Solicitation document, any subsequent Amendments and the Applicant s Response will be incorporated into the resulting Contract. 1.4 Right to Cancel The County reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability. 2.0 SUMMARY OF OPPORTUNITY 2.1 Purpose The purpose of this Solicitation is to establish a contract for development of an Environmental Impact Statement (EIS) to comply with the National Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). 2.2 Expected Result The Agencies seeks to acquire consultant services and expertise that best meet the Agencies needs and offers best value. Page 1

5 2.3 Award Only one successful Consultant will be identified via this procurement and only one Contract will be awarded. 3.0 PROJECT DESCRIPTION SCOPE OF SERVICES REQUIRED Millennium Bulk Terminals Longview, LLC (MBTL), a company with members Ambre Energy North America, Inc. and Arch Coal, Inc., proposes to construct and operate a marine terminal for export of coal to be located in Cowlitz County, Washington. The project will require completion of an Environmental Impact Statement (EIS) to comply with the National Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). A Consultant is sought to prepare the EIS under direction of the Cowlitz County Department of Building and Planning (County), U. S. Amy Corps of Engineers (Corps), and Washington State Department of Ecology (Ecology), collectively, the Agencies. The Corps is the Federal Lead Agency for the EIS and the County and Ecology are preparing the EIS as the State Co- Lead Agencies. Cowlitz County is the nominal lead for SEPA. You are invited to provide a proposal to serve as the Third Party Consultant (Consultant) for the MBTL EIS. 3.1 Proposed Project MBTL proposes to construct a coal export terminal in Cowlitz County, Washington. The proposed coal export terminal would be capable of receiving, stockpiling, blending, and loading coal by conveyor onto ocean-going ships. The proposed site is located on approximately 100 acres of a 416-acre industrial site. The terminal is proposed to be constructed in two separate stages and both will be addressed in the EIS. In Stage 1, MBTL proposes to construct two docks, one shiploader, two stockpile pads, one tandem rotary dumper, five rail lines, and associated facilities and infrastructure for a nominal throughput of 25 million metric tons of coal per year. Stage 2 proposes one additional shiploader, two additional stockpile pads, and three additional rail lines that would increase the total nominal throughput of the terminal to 44 million metric tons of coal per year. An existing dock at the site used for bulk products is not included in the coal export terminal proposal. In addition, the site is undergoing cleanup operations under the Model Toxics Control Act and Ecology s Brownfields Policy; these operations are not included in the coal export terminal proposal. Coal is proposed to be transferred to the terminal by rail, removed from rail cars using a tandem rotary dumper receiving station, and then transferred by conveyors to a stockpile pad or directly to the ship loading facility. Stockpiled coal would be retrieved by rail mounted Page 2

6 reclaimers and conveyed to the ship loading facility. Coal would be loaded onto Panamax- class vessels at the dock by shiploaders. Key elements of the proposed project include: Balloon loop railroad track system capable of parking eight unit trains; Four coal stockpile pads; Two docks with two shiploaders, utilities, associated equipment, and approach trestle; Dredging and in-water disposal for the two docks to a berthing depth of -43 ft CRD with an additional 2-ft overdredge allowance; Equipment for moving coal including: conveyors, one tandem rotary dumper rail receiving station, transfer stations, rail mounted stackers, rail mounted bucket-wheel reclaimers, sampling stations, and receiving stations; and Support utilities and infrastructure including a maintenance workshop, offices, and staff amenities. Additional project information is available at the following websites; Cowlitz County: Washington State Department of Ecology: Requirement for NEPA and SEPA Compliance The MBTL project will require federal permits under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Federal permit actions require review of the project under NEPA. The MBTL project will also require numerous state and local permits including, but not limited to, water quality certification under Section 401 of the Clean Water Act (CWA), a Shoreline Substantial Development Permit, and a Shoreline Conditional Use Permit. These actions require review of the project under SEPA. 3.3 Joint Lead Agencies The Agencies have entered into a Memorandum of Understanding for preparation of a joint NEPA/SEPA EIS to serve the needs of all governmental jurisdictions. Management and technical direction of EIS preparation will be shared by the Agencies, but the County retains exclusive authority regarding procurement oversight and administration of this RFP. 4.0 EIS COMPLETION SCOPE OF SERVICES The scope of services to be provided by the EIS Consultant includes: Page 3

7 4.1 Scoping 1. Prepare scoping notices, publish notices, write public involvement materials, arrange logistics for scoping meeting(s), and facilitate scoping meeting(s) for the Agencies approval. 2. Assembly, summary, and evaluation of scoping comments and preparation of a Draft Scoping Report for submittal to the Agencies. 3. Prepare a Final Scoping Report at the direction of the Agencies. 4.2 EIS Development 1. Prepare a preliminary Draft Environmental Impact Statement (DEIS) for submittal to the Agencies, a final DEIS, and a Final Environmental Impact Statement (FEIS). The EIS documents will be prepared in a clear and concise manner with clearly demarcated SEPA and NEPA distinctions as necessary. 2. The Proposed Action to be evaluated in the EIS for NEPA purposes is issuance of a Department of the Army standard individual permit under the authority of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. For purposes of SEPA, the environmental impacts of the project, as outlined in the SEPA rules, are to be evaluated in the EIS. 3. The consultant will facilitate the discussion and conduct an alternatives analysis consistent with NEPA, SEPA, and the CWA Section 404(b)(1) alternatives analysis, set forth at 40 CFR part 230. The final decision for the alternatives will be made by the Agencies. 4. The scope of the EIS will be finalized upon completion of the Public and Agency Scoping Process. It is important to note that as this is a joint NEPA/SEPA process, information in the EIS might not always be applicable to both the NEPA and/or SEPA processes because NEPA and SEPA are different laws with different requirements. However, in order to ensure that the EIS is easily understood by members of the public, the goal of the Agencies is to minimize the frequency and extent of those sections of the EIS that discuss NEPA analysis separately from SEPA analysis At a minimum, the scope of the EIS is expected to include evaluation of the following issues under either SEPA and/or NEPA in either the main body of the EIS or in an associated appendix: Impacts to aquatic habitat and species, including species listed under the Endangered Species Act (ESA); Impacts resulting from fill of wetlands and offsetting wetland mitigation; Vehicle transportation impacts; Rail transportation impacts; Page 4

8 Vessel traffic impacts; Coal dust impacts related to bulk materials handling and rail transportation; Tribal rights and interests; Impacts to fishing; Air quality impacts; Environmental health hazards; Impacts to terrestrial resources; Socioeconomic effects; Environmental justice; Impacts to cultural, historical and archaeological resources; and Other issues identified through the Scoping process and in response to comments received regarding the DEIS. 5. Impact analysis will include direct, indirect, and cumulative effects. Impacts considered may include, at a minimum, issues identified in Section At the Agencies request, the Consultant will incorporate studies and regulatory findings previously prepared for the project including but not limited to: Wetlands mitigation plans; Biological evaluations; Water quality reports; Noise impact analyses; Air quality analyses; Human health studies; Columbia River infrastructure analyses; Archaeological and cultural resources surveys; Hydrology reports; Vessel traffic studies; Rail traffic studies; and JARPA application. 7. Under the direction of the Agencies, the Consultant will develop a protocol for maintaining an EIS administrative record consistent with the scope of the resulting contract Consultant will maintain an ongoing administrative record during the EIS development. Page 5

9 8. With the permission of the Agencies, the Consultant may hire sub-contractors not identified in the proposal to complete portions of the analysis required in the EIS if the Consultant lacks sufficient in-house expertise or capacity to complete those portions. 4.3 Technical Support 1. Establish and host a joint public website to provide information, post comments during the scoping and draft EIS public comment periods, and identify milestones. The website will also be expected to provide the capability for an online scoping meeting. 2. Arrange facilities and logistics and document a minimum of two (2) public scoping meetings and arrange facilities for, facilitate, and document a minimum of two (2) public hearings on the DEIS. 3. Prepare the Scoping Report, EIS outline, technical documents reference list, EIS strategy summary, preliminary DEIS, DEIS, response to comments, and FEIS. 4. Consultant will be responsible for all copying, document preparation, and document mailing. Assume production and distribution of one hundred (100) paper copies and two-hundred (200) electronic copies each of the Scoping Report, DEIS, and FEIS. 5. Provide technical support in public meetings, as required, throughout the EIS approval process. 6. Provide and implement a Public Participation Plan, including website and public outreach proposal, to facilitate the public review of status, meetings, studies, and other pertinent information throughout the EIS process. 4.4 Schedule and Execution 1. The Consultant must be prepared to start work immediately upon Notice to Proceed. 2. The project development schedule anticipates that completion of the NEPA/SEPA process, including the Consultant s work, will have the following milestones: Consultant Notice to Proceed. Issuance of the Notice of Intent, Corps Special Public Notice, and SEPA Determination of Significance/Scoping Notice. Public/Agency Scoping. Deliver consolidated Scoping comments as Scoping Report to the Agencies. Release Scoping Report to Public/Other Agencies. Deliver preliminary Draft EIS to the Agencies. Deliver Alternatives Analysis to the Agencies. Release DEIS for Public/ Other Agencies review. Page 6

10 Public/Other Agencies DEIS comment period. Deliver consolidated comments and responses to the Agencies. Deliver draft Final EIS to the Agencies. Release Final EIS. 3. The project development schedule may be adjusted in response to the Agencies timeframes and requirements. 5.0 PREPARATION OF PROPOSALS INSTRUCTIONS TO CONSULTANTS 5.1 Communications While Preparing Proposals To facilitate questions that may arise in preparing the proposals, the Agencies will be responding to questions provided in written format in a coordinated manner. All communications regarding this RFP, including technical questions, requests for RFP clarifications shall be directed to: Mike Wojtowicz Cowlitz County Department of Building and Planning th Avenue North Kelso, WA (360) ext wojtowiczm@co.cowlitz.wa.us All questions shall be submitted in writing to the contact above, prior to the end of the business day, December 7, In addition to the above, questions may be submitted at the Pre- Proposal Conference as outlined in Section 5.3. The Agencies have no obligation to accept further inquiries after this deadline. The Agencies will be bound only to the Agencies written answers to questions, as issued through the addendum process. Following the deadline for submittal of the questions, an addendum containing the questions and answers will be distributed to all known recipients of the RFP document. Any addenda issued will also be posted as a downloadable document on the Cowlitz County website on January 4, To be considered, all applicants will be required to sign the Addendum form and submit it with their response. 5.2 Proposed Procurement Schedule The dates listed below represent the projected procurement schedule. The Agencies reserve the right to change the schedule. Page 7

11 Proposed Procurement Schedule Event Date Time Issue RFP 11/21/2012 NA Optional Submittal of Questions 12/07/2012 5:00 pm Optional Pre-proposal Conference 12/18/ :00 am 12:00 pm Issuance of Addendum, if necessary 01/04/2013 5:00 pm Proposals Due 01/15/2013 5:00 pm Interviews By 03/01/2013 5:00 pm 5.3 Pre-Proposal Conference An optional pre-proposal conference to address application requirements is scheduled at the time and location below. While not mandatory, applicants are encouraged to attend and actively participate. The Agencies will be on hand to answer questions Date: December 18, 2012 Time: Location: Contact: 10:00 am 12:00 pm General Meeting Room, 3 rd Floor, County Administration Building th Avenue North Kelso, WA Mike Wojtowicz Cowlitz County Department of Building and Planning (360) ext PROPOSALS Neither the Agencies nor MBTL will reimburse consultants for any costs incurred prior to or during the preparation of proposals, including travel to and attendance at interviews, negotiation of agreements, or any other activities that a prospective consultant may engage in. 6.1 Submittal of Proposals Invited Interviews 1. All proposals shall be submitted no later than 5:00 pm, January 15, Proposals shall be addressed to and submitted at: Cowlitz County Cowlitz County Department of Building and Planning c/o Mike Wojtowicz th Avenue North Kelso, WA Page 8

12 3. Each proposal package shall include an original and five (5) hard copies and five (5) electronic copies on computer readable disk. Proposal packages shall be submitted in a sealed package marked on the outside: Name of Consultant Subject: Millennium Bulk Terminals NEPA/SEPA Environmental Impact Statement Development 4. Proposals shall not exceed 150 pages, including drawings and charts. Tabs and covers are not counted toward the page limit. 11 x17 sheets count as one page. The Rate Schedule of Consultant s fees shall be submitted in a separate sealed envelope and does not count toward the page limit. It is the submitter's responsibility to deliver the document to the proper address by the due date. Late submittals will not be accepted. Submittals transmitted directly to Cowlitz County Government electronically or by fax will not be considered. Cowlitz County accepts no responsibility for lost or misdirected submittals. 5. Proposals may not be modified or withdrawn after January 15, To be considered, the consultant must supply all the information requested, in ink, typewritten, or electronically, in the form requested by this document. The response must be signed by an individual who is authorized to commit the Consultant to a binding agreement. 7. All materials submitted in response to this RFP become the property of Cowlitz County, and will not be returned. 6.2 Proposal Evaluation Criteria Consultant Selection The Agencies intend to select a Consultant who is fully qualified and who can provide satisfactory service. The Agencies will be the sole judge of whether or not a consultant is considered to be fully qualified for purpose of this RFP. PROPOSAL EVALUATION AND SELECTION PROCESS All proposals will be submitted, as outlined in Section 6.0, to the Agencies for evaluation and acceptability. 1. The Agencies will determine if the proposals are complete and meet the requirements as described in this RFP. 2. The Agencies will review the proposals to determine which consultants are most qualified to meet the requirements as described in this RFP. The County and Ecology will rank the consultants based on the qualifications in the proposals. 3. Consultants with highest ranking, most qualified, and complete proposals will be contacted and requested to appear for a maximum two (2) hour interview. Interviews Page 9

13 are anticipated to be scheduled within six (6) weeks of the date that proposals are due. It is anticipated that MBTL will be present, although not participating, in the interview process. 4. After interviews are conducted, the Agencies will identify a list of the best qualified consultants. The County and Ecology will determine if the consultants are qualified to prepare an EIS to meet SEPA requirements and the Corps will determine if the consultants are qualified to prepare an EIS to meet NEPA requirements and an alternatives analysis consistent with the Section 404(b)(1) Guidelines. 5. The County and MBTL will mutually agree upon a Consultant from the list of qualified consultants selected by the Agencies. 6. The County will negotiate and finalize a contract with the selected Consultant. The County will execute a separate contract with MBTL to ensure the payment of services rendered by the successful Consultant under this RFP. 7. Upon award of the contract, the Consultant will be required to sign a Communication Protocol prepared by the Agencies regarding communication between the Consultant, MBTL, and the Agencies. PROPOSAL EVALUATION CRITERIA Each submitted proposal will be evaluated on the criteria below. Your proposal will also be evaluated with respect to your ability to observe the proposal instructions. The completeness checklist (Attachment B) will be used to evaluate compliance. Incomplete proposals or failure to provide the information required by the RFP will result in the proposal not being considered. Proposal Presentation Your proposal will be evaluated as an example of your EIS document preparation capability. It should represent the clarity, conciseness, and editorial precision that you would use to prepare the EIS. Project Team Qualifications Consultant and Project Team s qualifications will be evaluated primarily with reference to the expertise and experience of personnel that are assigned and committed to the project. You will also be evaluated for effectiveness of approach and utilization of good management practices. Technical Approach Your response to the questions listed in the technical approach section will be evaluated to determine your understanding of the technical issues that need to be addressed, your evaluation of the information available on the project, website and literature resources that you have knowledge of, and your ability to meet the milestones listed in Section 4.4. The technical approach and project team qualifications are the most important factors and will be weighted significantly more important than proposal presentation. Page 10

14 6.3 Proposal Contents Your proposal must include the following content: Letter of Transmittal Project Team Qualifications Technical Approach and Schedule Rate Schedule of the Consultant s Fees (submitted in a separate sealed envelope) Terms and Conditions Conflict of Interest Disclosure 6.4 Letter of Transmittal Provide a letter of transmittal that is limited to: 1. The name of the individual who will serve as the Consultant s representative and have contracting authority, and 2. A description of the corporate ownership of the Consultant or the prime consultant in the case of a proposing team. 6.5 Project Team Qualifications A. The Project Team must demonstrate expertise and experience in the following: 1. Specific experience preparing NEPA and/or SEPA EIS documents for industrial or port facilities in the State of Washington. Please note that prior experience with the Corps, Ecology, and Washington counties and prior experience preparing joint NEPA/SEPA EIS documents will be given greater weight. 2. Specific experience preparing NEPA and/or SEPA EIS documents for industrial or port facilities. Please note that prior experience with the Corps, states, and counties and experience preparing joint NEPA/SEPA EIS documents will be given greater weight. 3. Technical writing skills to ensure a clear and concise NEPA/SEPA EIS document. 4. Familiarity with environmental issues related to construction and operation of port facilities, including upland bulk cargo storage and handling equipment, near-shore trestle and piers, and rail operations. 5. Demonstrated expertise of your team in resource sectors such as: Wetlands and mitigation; Surface and subsurface hydrology; Construction and post-construction stormwater treatment; Page 11

15 Construction and post-construction noise analysis; Environmental health hazards; Near-shore benthic biota; Terrestrial ecology; Aquatic habitat and species; Threatened and endangered species and ESA Section 7 consultation including the most recent research related to pier construction and vessel movement impacts on species; Tribal rights and interests; Socioeconomic analysis; Environmental justice; Cultural, historical and archeological resources and NHPA Section 106 consultation; Rail transportation of bulk commodities including rail traffic impacts and coal dust emissions, engine emissions, and mitigation; Vehicle transportation including traffic impacts and emissions; Vessel transportation including traffic impacts and emissions; Air emissions; and Air quality modeling and mitigation relative to air emissions associated with the project including diesel particulate, greenhouse gases, and coal dust emissions. B. The Project Team s qualifications are to be demonstrated by providing the following information: 1. Submit an organizational chart identifying the proposed Project Team s key personnel and subcontractors, including measures to assure the consistency and retention of key personnel of the Project Team. The key personnel in the Project Team as specified in item 3 below shall remain the Project Team throughout the contract term unless the County consents to a personnel change. 2. A summary of your firm s business operations and capabilities as they pertain to the proposed project of not more than three (3) pages in length. If the proposed Project Team includes subcontractors, a summary of not more than one (1) page in length may be provided for each subcontractor. Inclusion of any other descriptions of a firm s overall business, or promotional material is not encouraged and will not receive review. Page 12

16 3. Provide a personnel table identifying key personnel and proposed subcontractors and identify the key personnel and proposed subcontractors expertise as related to this project s requirements. 4. For the Project Team s key personnel a resume shall be included and, at a minimum, the following information for each individual: a. Name/firm; b. Project team assignment and responsibilities; c. Availability during contract term; d. Summary of expertise/experience with respect to the qualifications requirements listed above; e. Education and relevant registrations; f. Years of professional experience; g. Experience with preparation of EIS s including how many and their scope of involvement in the preparation; and h. Experience in coordinating EIS s involving multiple lead agencies and multidiscipline, complex NEPA/SEPA teams. Each resume for key personnel shall not exceed three (3) pages. 5. For the proposed Project Manager, key personnel, and subcontractors, provide a list of no less than five (5) relevant projects. For each project provide a summary of the project including the individual s role, the date the project was completed, and a current reference that may be contacted. The Project Manager, key personnel, and subcontractors shall only list projects which their company performed at least 50% of the work. The list and summary of projects shall be no more than five (5) pages each. 6.6 Technical Approach and Schedule To demonstrate your understanding of the process and technical analysis required to prepare an EIS, the proposal must include: EIS DEVELOPMENT SCHEDULE Prepare and submit a Gantt chart schedule, preferably using Microsoft Project. This schedule must include a work breakdown structure that incorporates at a minimum the following major tasks. The Consultant may show a more detailed structure if necessary. Preparation of Scoping Meeting Schedule. Development of draft Federal Notice of Intent and draft Determination of Significance. Preparation of a draft and final Scoping Report. Assembly, review, and evaluation of data resources to describe existing conditions. Page 13

17 Description of Proposed Action. Description of alternatives and alternatives analysis consistent with NEPA, SEPA, and CWA Section 404(b)(1) Guidelines set forth at 40 CFR part 230. Preparation of Existing Conditions. Preparation of Affected Environment. Preparation of preliminary Draft EIS for the Agencies. Preparation of Draft EIS. Public/Agency Review and Comment on DEIS. Response to Comments and Preparation of draft FEIS. Preparation of FEIS. Maintenance of Administrative Record. The Consultant may provide a narrative description of the work content of the tasks listed in the project schedule. This narrative may not exceed one (1) page for each task listed above. TECHNICAL APPROACH Describe the technical approach you expect to take in the following key areas. Alternatives Analysis under CWA Section 404(b)(1) Guidelines. Wetlands impacts and mitigation. Evaluation of alterations to surface and subsurface hydrology. Aquatic habitat and species. Stormwater treatment. Near-shore benthic biota. Terrestrial ecology. Threatened and endangered species impact evaluation including the most recent research related to dock construction and vessel movement impacts on aquatic species. Tribal rights and interests; Cultural, historical and archeological resources. Vehicle transportation analysis including traffic impacts and emissions. Rail transportation of bulk commodities including rail traffic impacts, coal dust emissions, engine emissions, and mitigation. Vessel traffic analysis including traffic impacts and emissions. Noise analysis. Page 14

18 Air quality impact analysis of construction, transportation of product, and facility operations. Water quality impact analysis of construction and facility operations. Environmental health hazards. Air and greenhouse gas emissions. PROJECT MANAGEMENT Describe consultant s standards and procedures for project schedule and budget management, quality control and quality assurance, communications, and record keeping. Describe standards and procedures for project and schedule management with particular emphasis on multi-agency EIS development 6.7 Rate Schedule of the Consultant s Fees The Agencies plan to contract for services rendered based on Cowlitz County s contracting process. The anticipated contract will be written in a manner in which MBTL deposits an initial amount into an escrow account, bond or other manner to ensure payment of such costs. It is anticipated that the awarded contract will be phased in a manner to match larger deliverables (e.g., scoping, DEIS, FEIS). This account will be required to be supplemented on a monthly basis, as necessary, in order to keep a minimum balance available. This minimum balance will be established prior to the execution of the contract and will be based on the cost estimate. To facilitate the contracting process, please provide a rate schedule of the consultant s fees including any known subcontractors for use in negotiating contracts. Rate schedules are to be submitted in a separate sealed envelope with five (5) hard copies and five (5) electronic copies. More detailed task specific cost estimates will be reviewed at the time of contracting for services. 7.0 TERMS AND CONDITIONS The selected Consultant shall be expected to enter into the contract agreement with the County shortly after acceptance. It is anticipated the contract will be awarded as time and material with a not-to-exceed value based on separate phases (e.g., scoping, DEIS, FEIS). The following special conditions will be incorporated into the contract between the County and the selected Consultant. 7.1 Commencement The Consultant shall commence work on the project after receipt of a Notice to Proceed from the County. Page 15

19 7.2 State of Washington Licenses The Consultant shall be licensed to do business in the State of Washington or provide a commitment that it will become licensed in Washington within thirty (30) calendar days of being selected Consultant. 7.3 Insurance The Consultant shall provide proof of insurance of the type and amount as required by the County, including without limitation General Commercial Liability, Workers Compensation, and Professional Liability. 7.4 Project Interfacing Upon contract award, the Agencies will become the exclusive direct project interface with the Consultant. Other than direct contact on administrative or contract matters, Consultant will have no direct contact with MBTL personnel without approval of the Agencies representatives. The Agencies points of contact (POC) persons for this project are; And And For the County: Mike Wojtowicz Cowlitz County Department of Building and Planning th Avenue North Kelso, WA (360) ext wojtowiczm@co.cowlitz.wa.us For the Corps: Danette L. Guy U.S. Army Corps of Engineers, Seattle District Regulatory Branch Southwest Washington Field Office 2108 Grand Boulevard Vancouver, WA (360) Danette.L.Guy@usace.army.mil For Ecology: Diane Butorac Department of Ecology, Southwest Regional Office P.O. Box Olympia, WA (360) diane.butorac@ecy.wa.gov Page 16

20 All information that the Consultant may require to be provided by MBTL will be coordinated through the Agencies. Following award of the Contract, the Agencies will provide a Communications Protocol to the selected Consultant. This document will establish roles and responsibilities and identify project communications protocols with the Consultant, MBTL, the Agencies, and other Agencies. The Communication Protocol will include, but is not limited to, the following: 1. Procedures for scheduling and facilitating status updates and meetings with MBTL and the Agencies. 2. Consultant will submit a monthly Project Status Report to MBTL, via the Agencies, in an agreed upon format. Reports shall commence within four weeks after award and continue through the end of the project. 3. The consultant shall not release project-related documents to anyone other than the Agencies who will determine its ultimate release. 7.5 Documentation The Consultant shall be responsible for preparing documents, reports, drawings, calculations, tables, and technical specifications that are consistent with and reflect the requirements of the Agencies, as applicable. Delivery of all project documentation from the Consultant shall be made to the Agencies through the County s POC. 1. Consultant shall obtain background documents and documentation of previous studies from the Agencies to the maximum extent possible. 2. Site-specific information such as survey information, property maps, technical drawings, etc. shall be provided by MBTL at the request of the Agencies. 3. Consultant shall document all telephone communications regarding the project. 4. The Consultant shall regularly update the project website with information in order to be responsive to changing conditions, tracking progress and milestones, or as requested by the Agencies. 5. The Project Schedule shall be updated showing progress versus approved schedule and submitted as part of each Project Status Report. 6. Consultant shall develop a record management system, maintain documents, and be able to provide records and access to the Agencies for public disclosure or Freedom of Information Act (FOIA) requests or litigation. The Consultant shall not release projectrelated documents to anyone other than the Agencies who will determine its ultimate release. 7. All information related to the EIS process will be provided to each of the Agencies upon completion of the contract, including an inventory of all documents, phone, and other records for the administrative record. This includes access to all information that Page 17

21 supports the findings, conclusions and recommendations of the Consultant s reports, including computer models and methodology for those models. 7.6 Conflict of Interest The Consultant Project Team must be an independent third party during preparation of the EIS. Conflict of interest means that because of other activities or relationships, a person or entity is unable or potentially unable to render impartial assistance or advice to the Agencies, is or might be otherwise impaired in its objectivity in performing the contract work, or has an unfair competitive advantage. Consultant and subcontractors must disclose any current or expected future contractual relationships which may pose a conflict of interest with this project, including other contracts with MBTL. Disclosure shall include date and duration of contract, the nature of the service provided, and a plan for managing potential conflicts of interest. If no current or expected future relationships during the expected term of this contract are expected, an affirmative statement from each individual employed by either the Consultant or any subcontractors working in response to this RFP stating such shall be included. CEQ regulations at 40 CFR require a Consultant who will prepare an EIS to execute a disclosure statement specifying that the Consultant has no financial or other special interest in the project under evaluation. An executed disclosure statement, in the form set forth in Attachment A, shall be submitted with the proposal. 7.7 Handling of Information The Consultant shall not disclose any information concerning the Agencies or the project, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the relevant Agency, or as may be required by law. Page 18

22 Attachment A Financial Disclosure Statement For Preparation of the NEPA/SEPA Environmental Impact Statement for the Proposed Millennium Bulk Terminals Longview, LLC Coal Export Terminal (Corps Reference No. NWS ) The United States Corps of Engineers, Seattle District, determined that a National Environment Policy Act ( NEPA ) Environmental Impact Statement ( EIS ) is needed to evaluate the impacts for the above project. Pursuant to the Council of Environmental Quality regulations at 40 CFR , an EIS may be prepared by a third party who has been selected by the lead Federal Agency and has executed a disclosure statement specifying that the contractor does not have financial or other interest in the outcome of the project. Financial or other interest is interpreted broadly to cover any known benefits other than general enhancement of professional reputation. This includes any financial benefit such as a promise of future construction or design work on the project, as well as indirect benefits the consultant is aware of (e.g. if the project would aid proposals sponsored by the firm s other clients). As a duly authorized representative of, the undersigned certifies the following: the company, its officers, employees, agents and subcontractors have no direct or indirect financial or other interest to include any known benefit other than general enhancement of professional reputation in the outcome of the NEPA/SEPA EIS developed for the above project. The undersigned further certifies that the company, its officers, employees, agents, and sub-contractors have no current involvement in the development, or the environmental evaluation, of the above stated project, to include generating data and plans for the project. The company, its officers, employees, agents, and sub-contractors prior involvement in the development, or the environmental evaluation, of the above project, to include generating data and plans for the project include the following: Signature Printed Name and Title Date Page 19

23 CONSULTANT: REVIEWER: Attachment B COMPLETENESS REVIEW OF SUBMITTED PROPOSAL DATE: PAGE LIMIT PAGES OR LESS YES/ NO (not including cover and tabs or Rate Schedule) CRITERIA APPLICABLE COMP? COMMENTS RFP SECTION(S) 1. Met deadline: 5:00 pm January 15, , 6.1 (1) YES/ NO 2. Original + 5 hard copies + 5 electronic copies 6.1 (3) YES/ NO 3. Includes name and correct title Millennium 6.1 (3) YES/ NO Bulk Terminals NEPA/SEPA Environmental Impact Statement Development 4. In ink, type written, or electronic 6.1 (6) YES/ NO 5. Letter of Transmittal 6.4 YES/ NO Name and ownership 6. Project Team Qualifications 6.5 (A) YES/ NO a. Org chart key personnel and 6.5 (B)(1) YES/ NO subcontractors b. Firm operations and capabilities prime 6.5 (B)(2) YES/ NO Limit three pages c. Firm operations and capabilities 6.5 (B)(2) YES/ NO Limit one page subcontractors d. Personnel table key personnel and subs 6.5 (B)(3) YES/ NO e. Resumes for key personnel 6.5 (B)(4) YES/ NO # key personnel = Each resume limit 3 pages i. Name/ firm 6.5 (B)(4) YES/ NO ii. Team assignment and responsibilities 6.5 (B)(4) YES/ NO iii. Availability during contract term 6.5 (B)(4) YES/ NO iv. Summary expertise/experience 6.5 (B)(4) YES/ NO v. Education and registrations 6.5 (B)(4) YES/ NO vi. Years professional experience 6.5 (B)(4) YES/ NO vii. Experience with EIS and scoping 6.5 (B)(4) YES/ NO viii. Experience with joint EIS/ complex 6.5 (B)(4) YES/ NO f. Relevant projects 5+ per person for Project Mgr, key personnel, subcontractors 6.5 (B)(5) YES/ NO Limit- 5 pages for list and summary 7. Technical Approach and Schedule 6.6 YES/ NO a. EIS development schedule (Gantt) 6.6 YES/ NO b. Technical approach 6.6 YES/ NO c. Project management 6.6 YES/ NO 8. Rate Schedule of the Consultant s Fees 6.7 YES/ NO submitted in separate sealed envelope 9. State of Washington License 7.2 YES/ NO 10. Proof of Insurance 7.3 YES/ NO 11. Conflict of Interest Disclosure(s) 7.6 YES/ NO 12. Addendum signed Addendum YES/ NO Page 20