NR 169.23(2) (2) Proposals and workplans required.

NR 169.23(2)(a) (a) Interim actions. If required by the department, an owner or operator shall solicit a minimum of 3 and a maximum of 6 bid proposals from at least 3 consultants based on information contained in or equivalent to a site investigation scoping report or the initial phases of the site investigation.

NR 169.23 Note Note: This requirement does not imply that all sites will need to implement interim action activities. This provision is only for those sites where interim actions, as defined in ch. NR 708, are appropriate.

NR 169.23(2)(b) (b) Site investigations. An owner or operator shall solicit and obtain a minimum of 3 and a maximum of 6 workplans from at least 3 consultants based on information contained in or equivalent to a site investigation scoping report. Site investigation workplans shall be consistent with s. NR 716.09 and include all activities required in ch. NR 716.

NR 169.23(2)(c) (c) Remedial actions. An owner or operator shall solicit and obtain a minimum of 3 and a maximum of 6 bid proposals for the implementation of a remedy based on the findings of the ch. NR 716 site investigation and in compliance with chs. NR 722 and 724.

NR 169.23(2)(d) (d) Submittal of workplan and remedial action bids. Each consultant shall submit a sealed bid to the owner or operator by the date specified by the owner or operator. The consultant shall also submit at the same time a copy of the sealed bid to the department project manager.

NR 169.23(3) (3) Cost estimates and services required.

NR 169.23(3)(a) (a) Each site investigation workplan or interim or remedial action proposal shall include a cost estimate for each service provided by the consultant or contractor and shall be submitted with a completed form as provided by the department. The department may require an owner or operator to obtain additional workplans or proposals if the department finds that existing workplans or proposals are unreasonable or inadequate.

NR 169.23 Note Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at [phone].

NR 169.23(3)(b) (b) The site investigation workplan or remedial action proposal shall include statements regarding the consultant’s ability to do all the following:

NR 169.23(3)(b)1. 1. Be fully informed about the project’s scope and required services, and have the experience and ability to analyze alternatives and design the most suitable response action consistent with technical and economic feasibility, environmental statutes and rules, restoration timeframes and the latest technical advances.

NR 169.23(3)(b)2. 2. Provide necessary staff and facilities for all phases of planning, investigation, design, construction and operation.

NR 169.23(3)(b)3. 3. Retain and confer with specialists on unusual matters and provide qualified technical reviewers to advise the owner on technical and regulatory matters and work toward planned remediation goals.

NR 169.23(3)(b)4. 4. Perform all services in an ethical, professional and timely manner.

NR 169.23(3)(c) (c) Except as provided in par. (d), the department may not reimburse an eligible applicant for consulting service costs by the consultant selected to perform the service that exceed that consultant’s proposal for those services under par. (a) or (b).

NR 169.23(3)(d) (d) The department may reimburse an eligible applicant for consulting or contract services not included in the consultant’s workplan or proposal under par. (a) or (b), or for additional hours or units of service beyond those included in the consultant workplan or proposal under par. (a) or (b), if all of the following apply:

NR 169.23(3)(d)1. 1. The consultant providing the additional services was selected by the qualification based selection process required under sub. (8) after evaluating the information required under pars. (a) and (b).

NR 169.23(3)(d)2. 2. The consultant bills for the additional services at the same or lower per–unit price at which the consultant agreed to provide equivalent services, if any, in the consultant’s initial proposal under par. (a) or (b).

NR 169.23(3)(d)3. 3. The consultant provides the eligible applicant with a cost estimate for the additional services before performing those services. The department may require the owner or operator to obtain competitive proposals for the additional services if the department finds that the cost estimate is unreasonable.

NR 169.23(3)(d)4. 4. The additional services do not involve the selection, design or installation of groundwater remediation.

NR 169.23(3)(d)5. 5. If the total cost of additional services exceeds the greater of $3,000 or 5% of the workplan or proposal cost, and before the additional work is performed, the owner or operator provides a change order and the cost estimate under subd. 3. to the department, and after obtaining department approval provides the consultant with written authorization to proceed with the additional services.

NR 169.23(3)(e) (e) An owner or operator requesting reimbursement from the department shall keep copies of all workplans and proposals required under this subsection, and shall make those copies available to the department for inspection and copying upon request. The owner or operator shall keep copies of the bids and cost estimates for at least 3 years beyond the completion of the project.

NR 169.23(4) (4) Interim action proposal estimate contents. Interim action activities included in the proposals shall include the need for and scope of the interim action, the implementation of the interim action, the design and documentation report at the conclusion of the action. Interim action proposals shall be consistent with s. NR 708.11.

NR 169.23(5) (5) Site investigation workplan estimate contents. Every site investigation workplan under sub. (2) (b) shall include all the following:

NR 169.23(5)(a) (a) A clear description and itemization of the consultant and contract services included in the workplan based on the site investigation scoping report or, if there is no scoping report, on a good faith estimate of the scope of the project.

NR 169.23(5)(b) (b) A form provided by the department containing a description of the overall strategy for assessing the impacts from the site; a monitoring strategy to include parameters necessary to evaluate enhanced natural attenuation or monitored natural attenuation as a remedy, including a minimum of 4 rounds of groundwater sampling; and a discussion of the management of investigative derived waste.

NR 169.23 Note Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at [phone].

NR 169.23(5)(c) (c) A total cost estimate for all the consultant and contract services included in the workplan and a subtotal price for each of the component services itemized in the workplan.

NR 169.23(5)(d) (d) All the following information related to every service priced on an hourly or per unit basis: