SAMPLE DOCUMENTS

Table of Contents

Sample Request for Proposals (RFP) 1

Sample Request for Qualifications (RFQ) 27

Sample Contractor Rating Sheet 46

REQUEST FOR PROPOSALS

Brownfield Site Cleanup Consultant Services for the Former Mytown Mill Site The Town of Mytown is requesting proposals from parties interested in providing Brownfields Site Cleanup services.

Copies of the Request for Proposal (RFP) may be obtained on and after July 14, 2013 at the Town Hall, 6 Main Street, Mytown, USA.

Two sets of the proposal should be delivered no later than 3:30 P.M. on August 8, 2013 to:

The Project Administrator Administrative Assistant & Procurement Officer Town Hall 6 Main Street Mytown, State Zip

The Town of Mytown reserves the right to accept and/or reject and/or to waive any informality on any/all proposals.

The Town of Mytown reserves the right to accept part, all, or none of the respondents’ proposals, and the project is subject to availability of funds.

The Town of Mytown is an Affirmative Action/Equal Opportunity/Title IX Employer.

_____________________________________ The Project Administrator Administrative Assistant

1

The Town of Mytown Brownfields Cleanup Consultant Services US EPA Brownfields Cleanup Funds Former Mytown Mill Site

Introduction The former Mytown Mill Site (the “Subject Property” or “site”) is located across from the Highway on Mill Street, Mytown, USA. The site was occupied from 1893 until it burned down in August 2000. Various businesses occupied the site over time, including a paper-coating company, a shoe company, a plastic injection molding business, a charcoal filter manufacturer, and other small businesses. The site became contaminated as a result of a fire that destroyed the building in August 2000. After the fire, the remnants of the building collapsed, and now partially fill the basement. Heavy metals exceed background concentrations in surface and subsurface soils within the site. Toxicity Characteristic Leaching Procedure (TCLP) analysis performed on test pit soil samples in 2002 revealed that several samples exceeded the regulatory level for lead. As documented in the Phase II report, the most likely sources of contamination are building debris and ash from the mill fire. Soil contamination is limited to the immediate area of the former mill building. Significant rubble and debris (small machinery, timbers, and concrete) are present in the contaminated soils.

The Town of Mytown intends to use a United States Environmental Protection Agency (U.S. EPA) Brownfields Cleanup Grant to prepare a Remedy Implementation Plan and supervise the completion of said plan. The goal of the program is to allow for the construction of a new park and parking area that can be used by boaters and the public to hike, set canoes and kayaks, and fish from the River. The selected consultant will be required to conduct all work under the oversight of the State Department of Environmental Protection. The selected consultant will prepare and submit all required environmental documentation and perform environmental regulatory closure.

A Targeted Brownfield Assessment (TBA) Report, Phase I Environmental Site Assessment Report, Phase II Comprehensive Site Assessment Report and Phase III Remedial Action Plan, have all been completed between 2002 and 2011 by Great Consultants (see www.mytown.com for all historical site information).

The Town of Mytown’s goals for its 2012 EPA Brownfields Cleanup Grant are to:

1. Involve the Community 2. Remediate the source area for the Mytown Mill Site 3. Perform appropriate site closeout activities 4. Meet U.S. EPA Requirements for Project Management and Reporting

2

Project Description and Proposed Approach The Town of Mytown has $178,500 available for the tasks outlined in this RFP. The Town reserves the right amend the contract to add funding, if needed. The Town’s Highway Department will provide a match to the project in the form of clean fill. The selected consultant will be a key member of the project team and will work closely with Mytown’s Brownfield Coordinator, the State DEP, the U.S. EPA Brownfields Program, and all other contractors or subcontractors. The Administrative Assistant to the Council of the Town of Mytown will serve as the Project Director for the duration of this project. The project description and project tasks, as outlined in the U.S. EPA-approved proposal and work plan, as well as the specific role for the selected consultant, are detailed below.

Task 1: Community Involvement.

1. Establish site-specific Community Relations Plan in accordance with U.S. EPA Brownfields regulations.

2. Establish an information repository at the direction of the Mytown Administrative Assistant. 3. Prepare public informational fact sheets and brochures. 4. Hold up to three community meetings. The first community meeting will be held prior to any on-

site construction in order to provide community members and project stakeholders with an opportunity to learn about, and comment upon, the proposed remediation plan. The second meeting will be held following the cleanup in order to provide the public with an explanation of the work that was completed and to outline the redevelopment plan for the Subject Property. If necessary, a third meeting may be held to respond to questions/concerns raised by groups and/or individuals during the clean up process, or to further discuss the redevelopment at the site. The selected consultant will be expected to facilitate and attend these meetings (under supervision and in conjunction with the Mytown Administrative Assistant), and prepare any informational brochures or handouts which may be necessary or requested by Mytown. The consultant may be asked to speak at these meetings, as well as answer questions and address concerns.

5. Provide opportunity for public comment on cleanup alternatives and prepare written responses. 6. Respond to any related concerns raised by groups and/or individuals. The selected consultant

will be asked to present site technical information about site conditions and cleanup, and answer questions pertaining to materials on the site, potential risks to human health and the environment stemming from the materials, regulations governing site assessment and cleanup, and cleanup methods and/or costs.

Task 2: Remediate the Former Mytown Mill Site. Specific tasks for the cleanup include:

3

1. Prepare final site cleanup plan by August 31, 2014 and submit to Town; implement the cleanup plan. The consultant retained by the Town will provide a final remedial design and bid package consistent with the terms of the U.S. EPA Brownfields Cleanup Grant and the requirements of the state. At a minimum, the selected consultant will conduct one site visit with potential contractors and sub-contractors; prepare bidding documents, including addenda (as necessary); review submitted bids and work with the Town to select the remediation contractor for the site; and assist with preparing and implementing contracts.

2. Oversee the work of the remediation contractor. The selected consultant will be responsible for preparing a health and safety plan; obtaining all necessary permits; facilitating and attending construction meetings (as necessary); performing construction observation and conducting field screening as outlined in the remediation plan; preparing all forms necessary; serving as the prime contact and answering questions from all contractors and subcontractors; and interfacing with the State DEP (as necessary). The consultant will be responsible for providing the Town with any and all documentation showing that the cleanup took place in a manner consistent with all local, state, and Federal regulations.

3. Oversee the backfilling of the excavated area with clean fill. The selected consultant will be responsible for ensuring construction is in accordance with plans and specifications, and should facilitate compaction testing in accordance with standard industry practices.

4. The selected consultant will prepare and all state and federal required reports. The consultant’s will ensure that all forms are prepared in accordance with the local, state, and Federal laws.

5. The consultant shall consult with the Town and EPA as needed regarding the applicability of the National Historic Preservation Act (NHPA). If EPA determines NHPA is applicable to the project, utilize service of a historian to evaluate the site’s historic significance, assess potential adverse impacts, and prepare report. If required by EPA, utilize service of historian to prepare recordation of the site.

Task 3: Perform Site Closeout Activities.

1. Develop Quality Assurance Project Plan (QAPP). The selected consultant will develop a QAPP consistent with U.S. EPA requirements.

2. Perform confirmatory soil sampling after soil removal. Upon U.S. EPA approval of the project QAPP, the selected consultant will take confirmatory soil samples at the site to verify that the concentration of contaminants in source area soils do not exceed the cleanup goals for the site.

3. Write final report detailing completion of remedial activities and identifying land use controls, if warranted. The consultant will provide the Town a closeout report that summarizes its activities, explains the land use controls, if applicable, and includes copies of all completed reports.

Task 4: Project Management and Reporting.

1. Procure services of cleanup sub-contractor as needed. This shall include, at a minimum, preparation of bid plans and specifications, responding to questions during the bid period and

4

issuing addenda (as necessary), assisting the Town in reviewing bids and selecting a contractor, and assisting in contracting requirements (as needed).

2. Prepare and submit quarterly reports in accordance with U.S. EPA Brownfields and state DEP requirements. The contractor will file timely reports to U.S. EPA once each quarter, at the end of the project, and as EPA may request during the project. The reports will need to be broken out by tasks as defined in the Town of Mytown’s proposal to the U.S. EPA. The contractor must enter information pertaining to site activities into ACRES data base.

3. Facilitate and attend project management/construction meetings with the Town officials, and cleanup contractors on a weekly basis for the duration of the construction, or as-needed and directed by the Town of Mytown.

4. Participate in meetings with State DEP and U.S. EPA as necessary.

The selected contractor must provide invoices and reports that enable the Town of Mytown to perform required reporting and project management. Invoices must be submitted with costs clearly broken out by task. The selected contractor must provide quarterly reports and MBE/WBE reports in time for review by the Town of Mytown and submittal of required reports to U.S. EPA.

Background – Former Mytown Mill Site

Site Location and Description The site is located at Mill Street within a mixed commercial and residential area of Mytown, State. The site consists of approximately 29,000 square feet of vacant land identified by the Town as Lot D.

The site is bounded on the north by the intersection of Mill and River Streets, another old mill to the east and across the road from the Town’s Highway. The back of the property is bounded by the railroad and the River.

The site is currently undeveloped and surrounded by mixed commercial and residential uses. In 2003, the Town purchased the property.

Site Conditions and Treatment Options

The property became contaminated from a fire that destroyed the former Mytown Mill at Mill Street in August 2000. Prior to the Town acquiring the property in 2003, other parties deposited rubble and debris into the basement of the structure. Subsequent testing revealed that the contamination is present only in this area and is not migrating off-site.

The Phase II Comprehensive Site Assessment Report included a Human Health Risk Characterization using applicable soil and groundwater analytical sampling data. The risk characterization concluded that under current and foreseeable site activities and uses, potential exposures to chemicals of potential concern in soil pose “significant risk of harm to future child residents, exposed to soil throughout the

5

site, primarily attributable to the presence of lead in soil. The evaluation also indicates a future risk of harm to child recreational users exposed to soil should the site be developed as a park. Risk of harm to safety is significant under both current and future foreseeable site conditions due to the presence of visible physical hazards (e.g., unstable slopes, glass, and rusted waste). No chemical hazards (e.g., corrosive, flammable/ ignitable, reactive materials) are present at the site.

The Phase III Remedial Action Plan developed a preferred approach to cleaning up the contamination. The cleanup objectives include: 1) Prevent future direct exposures to site soils by child residents and child recreational users; and 2) Remove unstable slopes and prevent direct exposures to glass, rusted wastes, and other debris that may pose a physical hazard. Groundwater sampling in the down-gradient wetlands revealed that lead is not migrating off the site. Therefore, remedial actions are necessary solely to limit direct exposure to contaminated soils. The Phase III report evaluated two feasible alternatives:

1. Excavation of all contaminated soil and debris, separation and off-site disposal of the debris, onsite treatment of the contaminated soil to render the soil non-hazardous, and off-site disposal of the stabilized soil. The estimated cost to complete this alternative is $1.6 million.

2. Placement of an isolation barrier, or soil cap, across the site. The soil cap would provide a barrier to direct contact with contaminated soils and debris. A deed restriction is necessary to limit human activities that could breach the cap or expose underlying soils.

Based on the high cost of the excavation, on-site treatment, and off-site disposal alternative, the conclusion of the report is that the benefits of approaching or achieving background conditions would not outweigh the costs. Since a soil cap would achieve a permanent solution for the site, alternative 2 is the recommended plan of action.

Proposed Cleanup Plan

The proposed cleanup plan involves placement of a clean soil cap across the site to provide a barrier to direct contact with impacted soils and debris. Investigators estimate that the area is approximately 330 feet long by 110 feet wide. Because contaminated soils will remain in place, a landuse restriction will limit human activities that could breach the cap or expose underlying soils. The cap can consist of a soil cap, pavement, or some combination of those measures, and is undergoing final design under an EPA grant of services. The Phase III report assumed for estimating purposes that the cap would consist of a minimum of three feet of soil cover. Some re-grading of the existing soil will be necessary prior to placement of the cap in order to tie into the existing grade at the road. For cost purposes, the cap will consist of 2 feet of clean fill topped by 1 foot of loam and a grass cover. The Town will be responsible for maintaining the cap and vegetation. Dust control measures will prevent the release of lead in air-borne dust and perimeter air monitoring will occur during excavation and backfill activities.

The Town intends to use the site as part of an open space network associated with recreational use of the River. The site’s proximity to the River makes it suitable for a parking lot for canoeists and kayakers. The parking lot area (pavement) could serve as part of the cap. The site is adjacent to the State Dept. of

6

Fish and Game’s River Wildlife Management Area and will complement the state’s objectives of preserving wetland ecological functions and sustaining wildlife habitat. In the 1800’s, residents from all over the three state region would take the train to the Mytown Station near the site to enjoy the open space amenities of the town and river. Thus, the proposed reuse will recapture the recreational pastimes of a bygone era.

Release History

The Town has completed detailed sampling protocols to determine the nature and extent of contamination. The extent of soil contamination is limited to the immediate area of the former mill building. South of the property are wetlands that are adjacent to the River. This property is in State ownership and under the control of the State Department of Fish and Game. Investigators suspected that lead had migrated into the wetlands from the site, but groundwater sampling in the wetland area detected no lead above screening criteria. Fortunately, the lead contamination appears confined solely to the premises and has not migrated off-site. Remedial actions to prevent migration of lead in groundwater from the site to the wetland area are not necessary, and the selected remedial action is designed solely to limit direct exposure to contaminated soils.

Contamination at the site occurred from the fire that destroyed the building in August 2000. After the fire, the remnants of the building collapsed, and now partially fill the basement. Metals exceed background concentrations in surface and subsurface soils within the site. Toxicity Characteristic Leaching Procedure (TCLP) analysis performed on test pit soil samples in 2002 revealed that several samples exceeded the regulatory level for lead. As documented in the Phase II report, the most likely sources of contamination are building debris and ash from the mill fire. Soil contamination is limited to the area of the building’s footprint. Significant rubble and debris (wire, small machinery, timbers, and concrete) are also present in the contaminated subsurface soils.

Administrative Conditions

• Davis-Bacon. Selected contractor and sub-recipients must comply with Davis-Bacon Act. • Lobbying. For all sub-awards exceeding $100,000, sub-recipients must submit certification or

lobbying forms. • Recycling. All reports prepared through this agreement and submitted to U.S. EPA must be on

electronic disc. • MBE/WBE Fair Share/Small Businesses in Rural Areas. The selected consultant must utilize

affirmative steps to meet MBE/WBE “fair share” goals and objectives as outlined in the U.S. EPA Brownfields Regulations. The selected contractor must provide quarterly MBE/WBE reports. Additionally, the selected contractor should make every effort to utilize Small Businesses in Rural Areas as sub-contractors.

• Contracts over $100,000. The Town of Mytown must, on request, make available to U.S. EPA review of all contracts exceeding $100,000.

• Please see Attachment A for all U.S. EPA Terms & Conditions

7

Programmatic Conditions

• Federal Policy and Guidance. The Town of Mytown will rely upon the selected consultant to assist it in ensuring compliance with all applicable federal requirements, and in particular, assistance in making eligible Brownfield site determinations.

• Substantial Involvement. The U.S. EPA may be “substantially involved” in overseeing and monitoring the agreement. The selected contractor must be willing to allow U.S. EPA to review reports and records related to this contract.

• Invoices. All contractor invoices must be submitted in detail so that costs may be tracked as required for U.S. EPA payment procedures.

• Quality Assurance Requirements. A QAPP must be prepared prior to confirmatory sampling work being performed.

State Prevailing Wage Rates State Prevailing Wage Rates apply for the cleanup component of the project.

Instructions for Request for Proposal (RFP) Response 1. GENERAL: This Request for Proposals (RFP) invites qualified environmental consultants to submit

proposals for the specific services described in the Scope of Work Section of this RFP.

2. PREPARATION OF RFP RESPONSE: The preparation of the RFP Response shall be at the expense of the prospective consultant. It is the sole responsibility of the prospective consultants to fully examine this RFP’s addenda and referenced documents. Questions shall be addressed in writing to the Project Administrator, Town of Mytown, 6 Main Street, Mytown, State Zip, xxxx@mytown.com prior to August 8, 2013. All such questions will be responded to in the form of written addenda to the RFP, these addenda will be FAXed and/or emailed to parties listed as having received the RFP.

Bound proposals shall be submitted in accordance with the following Article 3.0 (RFP Response Format and Contents). All proposals submitted become the property of the Town of Mytown.

Applicants may be asked to participate in finalist interviews at the discretion of the selection committee. During the process leading to the award of a contract, no member of the selection committee will knowingly communicate concerning any matter relating to the contract or selection process with any party financially interested in the contract. No telephone calls please. Any applicant who knowingly participates in a communication relating to this contract may be disqualified from the contract award.

3. RFP RESPONSE FORMAT AND CONTENTS: Proposals should be prepared simply, providing a straightforward description of the prospective consultant’s ability to satisfy the requirement of the RFP. Emphasis should be on brevity, completeness, and clarity of contents. The evaluation criteria outlined in Attachments B and C should be kept in mind when preparing the proposal.

8

Responses are limited to 15 pages (this does not include the transmittal letter).

The Town of Mytown assumes no responsibility and no liability for costs incurred relative to the preparation and submission of the RFP by prospective consultants, or any other costs prior to issuance of a contract.

The Town of Mytown may reject any RFP response that does not meet these requirements.

The Town of Mytown reserves the right to disqualify any RFP response submitted after 3:00 p.m. on August 8, 2013.

RFP RESPONSE CONTENTS

The Town of Mytown Brownfields Cleanup – Former Mytown Mill Site: The prospective consultant’s RFP Response shall contain the following information under the indicated headings.

A. Letter of Transmittal

The prospective consultant’s Response shall include a letter of transmittal not to exceed one (1) page, signed by an individual authorized to bind the prospective consultant contractually. This letter must state that the RFP will remain valid from the date of submission until the prospective consultant withdraws it, a contract is executed; or the procurement is terminated by the Town of Mytown, whichever occurs first.

The transmittal letter shall include the name, title, address, and telephone number of one or more individuals who can respond to requests for additional information and also, of one or more individuals who are authorized to negotiate and execute a contract on the prospective consultant’s behalf, if applicable.

B. Proposal Format and Quality

1. Understanding of the Scope of Work

The proposal must describe the prospective consultant’s general understanding of the scope of work and the key issues associated with performing the required consulting services in the specific disciplines involved. In addition, it must include statements covering prospective consultant’s familiarity with the project and describe unusual conditions or problems the prospective consultant believes may be encountered. The proposal must provide a project task list, with timing and description of each task.

2. Approach and Methodology

9

Provide a written detailed description of your approach to the scope of work, including the tasks described in the Scope of Services. Key issues for individualized focus include:

• Ability to meet all applicable state and federal regulations governing site cleanup in general and the requirements of the U.S. EPA Brownfields Cleanup Grant.

• Methodologies to perform site cleanup and confirmatory sampling. • Technologies or testing methods utilized to assess specific types of contamination. • Innovative ideas for maximizing the value and amount of work that can be completed within

the budget available for this contract. Provide rationale and evidence of the value and effectiveness of the proposed approach to the scope of services.

• Discuss any sustainable/green remediation efforts you plan to implement on this project.

3. Plan of Services/Timeline

A Plan of Services describing the specific method for completing the scope of services within the established deadline. The Plan of Services must include a detailed description of the tasks to be performed by the consultant, the number of staff-hours and other resources required to complete each task, the expected time to complete each step, and a detailed cost proposal for each task. The Plan should include time schedules and milestones, personnel assignments, and other information as necessary to demonstrate the consultant’s ability to complete the project on time. The Plan of Services must explain how the firm provides quality control in each step. You must name and list the company and contact information for the company providing excavation services, if using a subcontractor.

4. Time of Performance

Funding to complete the scope of work is available through August 3, 2014. The selected consultant will enter into a contract with the Town of Mytown for the completion of all work necessary to meet the requirements outlined in this RFP.

The selection of the consultant will be based upon the professional qualification, past performance in similar projects, the content of the proposal, and consideration of the Town of Mytown’s overall needs in terms of the project.

5. Recent Projects and References

Provide a description of the history, experience and qualifications of the individual/firm and any proposed subcontractors to perform the Scope of Services. Please provide:

• Resumes of all principals assigned to the project; • List of other similar projects undertaken in the site vicinity; and • References from three similar projects undertaken.

10

Please make specific reference to experience and qualifications as related to performing site assessments and cleanups, working with municipalities, and communicating technical information to a non-technical audience including city officials, city residents and businesses, and other stakeholders. Also, make specific reference to experience with EPA Brownfields grant-funded projects.

6. Cost Proposal

The Total Cost Proposal must be itemized by the four tasks and be supported by personnel billing rates and estimated hours, materials, equipment rental, and other reimbursable expenses. An original (printed), one CD, and 6 copies of the proposal must be received by date and time (no postmarks) and shall be labeled as follows:

C. Submission of RFP Responses

Two sealed sets of the prospective consultant’s response to the RFP shall be submitted no later than August 8, 2013 at 3:00 p.m. to:

Project Manager The Town of Mytown 6 Main Street Mytown, State Zip

Responses received later than the specified date and time shall be rejected.

D. Information Session

The Town has scheduled one information session, which is mandatory. Firms looking to view the location are requested to meet at the site on Monday, July 25, 2013 at 10:00 am.

11

ATTACHMENT A

GENERAL FEDERAL TERMS & CONDITIONS Note: Below is an example of terms and conditions. Please ensure that you have the most recent version that applies to your grant. Contact your EPA project officer if you have questions.

Assessment Terms and Conditions Please note that these Terms and Conditions (T&Cs) apply to Brownfields Assessment Grants awarded under CERCLA § 104(k).

I. GENERAL FEDERAL REQUIREMENTS

NOTE: For the purposes of these Terms and Conditions the term “assessment” includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described in the EPA approved work plan.

A. Federal Policy and Guidance

1. a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2013 competition for Brownfields assessment cooperative agreements. OPTIONAL - include if the word plan is not approved or conditionally approved: By awarding this cooperative agreement, EPA has not approved/conditionally approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2013 competition for Brownfields assessment cooperative agreements. The CAR may not expend (“draw down”) funds to carry out this agreement until EPA’s award official approves the work plan.

b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations.

c. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC § 327-333) the Anti Kickback Act (40 USC § 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250.

12

d. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and repair contracts and subcontracts awarded with funds provided under this agreement. Activities conducted under assessment grants generally do not involve construction, alteration and repair within the meaning of the Davis-Bacon Act. The recipient must contact EPA's Project Officer if there are unique circumstances (e.g. removal of an underground storage tank or another structure and restoration of the site) which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry out with funds provided under this agreement. The Agency will provide guidance on Davis-Bacon Act compliance if necessary.

B. Eligible Brownfields Site Determinations

1. a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre-approved in the CAR’s work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in § 101(39) of CERCLA, whether the CAR is the potentially responsible party under CERCLA 107 and/or has defenses to liability.

b. If the site is excluded from the general definition of a brownfield, but is eligible for a property-specific funding determination, then the CAR may request a property-specific funding determination. In their request, the CAR must provide information sufficient for EPA to make a property-specific funding determination on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property-specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible.

2. a. For any petroleum contaminated brownfield site that is not included in the CAR’s EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA’s Proposal Guidelines for Brownfields Assessment Grants dated September 2011 for discussion of this element) documenting that:

(1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State,

(2) the State determines there is “no viable responsible party” for the site; (3) the State determines that the person assessing or investigating the site is a person who is

not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal

Act.

This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official.

13

b. Documentation must include (1) the identity of the State program official contacted, (2) the State official’s telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state’s determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer.

c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations.

d. EPA will make all determinations on the eligibility of petroleum-contaminated brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the determinations described in 2.a. above.

II. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS

A. Term of the Agreement

1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR’s request.

2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the recipient must implement a corrective action plan approved by the EPA PO or EPA may terminate this agreement for material non-compliance with its terms. For purposes of assessment grants, the recipient demonstrates “sufficient progress” when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition grants “sufficient progress” is demonstrated when a solicitation for services has been released, sites are prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement (for Assessment Coalitions) is in place.

3. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the site.

B. Substantial Involvement

1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement.

14

a. Substantial involvement by EPA generally includes administrative activities such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts.

b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in I.B. under Eligible Brownfields Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under § 107 of CERCLA. (See Section II.C.3 for more information on subgrants.)

c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements.

d. EPA may waive any of the provisions in term and condition II.B.1., with the exception of property-specific funding determinations. EPA will provide waivers in writing.

2. Effect of EPA’s substantial involvement includes:

a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA § 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute.

b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws.

c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars.

C. Cooperative Agreement Recipient Roles and Responsibilities

1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff.

2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement.

3. Subgrants are defined at 40 CFR 31.36. The CAR may not subgrant to for-profit organizations. The

CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition.

15

4. The CAR is responsible for assuring that EPA’s Brownfields Assessment Grant funding received under

this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver.

5. CARs expending funding from a community-wide assessment grant on a particular site must include such funding amount in any total funding expended on the site.

D. Quarterly Progress Reports

1. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly progress reports must include:

a. Summary of approved activities performed during the reporting quarter, summary of the performance outputs/outcomes achieved during the reporting quarter, a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs/outcomes.

b. An update on project schedules and milestones.

c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter.

d. A budget recap summary table with the following information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); and total remaining funds.

2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific properties under this cooperative agreement.

3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the approved work plan.

E. Property Profile Submission

1. The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, cleanup required, contaminants, Institution Controls, Engineering Controls) by completing and submitting relevant portions of the Property Profile Form using the Brownfields Program on-line reporting system, known as Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA

16

will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must utilize the ACRES system unless approval is obtained from the regional Project Officer to utilize the Property Profile Form.

F. Final Report

1. The CAR must submit a final report at the end of the period of performance in order to finalize the closeout of the grant. This final report must capture the site names, what work was done at each site and how much was spent at each site. It should also provide information that documents the outreach efforts done by the CAR and other activities that help explain where the funding was utilized.

III. FINANCIAL ADMINISTRATION REQUIREMENTS

A. Eligible Uses of the Funds for the Cooperative Agreement Recipient

1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include:

a. Determining whether assessment activities at a particular site are authorized by CERCLA § 104(k);

b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA § 104(k);

c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section III.B.

d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the assessment activities.

CAN CHANGE - LOCAL GOVERNMENTS ONLY

2. Local Governments only. No more than 10% of the funds awarded by this agreement may be used for brownfield program development and implementation (including monitoring of health and institutional controls) as described in Task ___ of the EPA approved work plan. The CAR must maintain records on funds that will be used to carry out Task __ of its EPA approved work plan to ensure compliance with this requirement.

17

B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient

1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:

a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a

new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost-share required by another Federal

grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant

is potentially liable under CERCLA § 107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws

applicable to the assessment; and

h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA § 104(k)(4)(B), administrative costs are prohibited costs under this agreement.

Prohibited administrative costs include all indirect costs under applicable OMB Circulars.

a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement.

b. Ineligible grant administration costs include direct costs for:

(1) Preparation of applications for brownfields grants;

(2) Record retention required under 40 CFR 31.42;

(3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33;

18

(4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30;

(5) Maintaining and operating financial management systems required under 40 CFR 31;

(6) Preparing payment requests and handling payments under 40 CFR 31.21;

(7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and

(8) Close out under 40 CFR 31.50.

3. Cooperative agreement funds may not be used for any of the following properties:

a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);

b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA;

c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or

d. A site excluded from the definition of a brownfields site for which EPA has not made a property-specific funding determination.

C. Interest -Bearing Accounts and Program Income

1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement.

2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an interest bearing

account.

a. For interest earned on advances, CARs are subject to the provisions of 40 CFR §31.21(i) to remitting interest on advances to EPA on a quarterly basis.

b. Interest earned on program income is considered additional program income.

c. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 40 CFR 31.21(f).

19

IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS

A. Authorized Assessment Activities

1. Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations.

B. Quality Assurance (QA) Requirements

1. When environmental data are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements.

C. Completion of Assessment Activities

1. The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete.

D. All Appropriate Inquiry

1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the practices in ASTM standard E1527-05 “Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process,” or EPA's All Appropriate Inquiries Final Rule “All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content”, (Publication Number: EPA 560-F-06-244). This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards.

2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must comply

with 40 C.F.R. Part 312 and must, at a minimum, include the information below. All AAI reports submitted to EPA Project Officers as deliverables under this agreement must be accompanied by a completed “Reporting Requirements Checklist” that EPA’s Project Officer will provide to the recipient. The checklist also is available to grantees on the EPA website at www.epa.gov/brownfields.

a. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and

20

contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property.

b. An identification of “significant” data gaps (as defined in 40 C.F.R. 312.10), if any, in the information collected for the inquiry. Significant data gaps include missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significance of these data gaps.

c. Qualifications and signature of the environmental professional(s). The environmental professional must place the following statements in the document and sign the document:

• ‘‘[I, We] declare that, to the best of [my, our] professional knowledge and belief, [I, we] meet the definition of Environmental Professional as defined in §312.10 of this part.’’

• ‘‘[I, We] have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. [I, We] have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.’’

Note: Please use either “I” or “We.”

d. In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding additional appropriate investigation, if the environmental professional has such an opinion.

3. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR part 312 (or comparable requirements for those using ASTM Standard 1527-05). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure to correct any identified deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 40 CFR 31.43(a)(2). If a recipient willfully fails to correct the deficiencies the Agency may consider other available remedies under 40 CFR 31.43 and 2 CFR Part 180.

V. Conflict of interest: Appearance of lack of Impartiality

A. Conflict of Interest

1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR’s appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when:

21

(i) The affected party,

(ii) Any member of his immediate family,

(iii) His or her partner, or

(iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient.

Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties.

VI. PAYMENT AND CLOSEOUT

A. Payment Schedule

1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c).

B. Schedule for Closeout

1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close out the award when it determines that all applicable administrative actions and all required work of the grant have been completed.

2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial,

performance, and other reports required as a condition of the grant.

a. The CAR must submit the following documentation:

1. The Final Report as described in II.F. 2. A Final Federal Financial Report (FFR - SF425). Submitted to:

Address and contact provided by your EPA Regional office

3. A Final MBE/WBE Report (EPA Form 5700-52A). Submitted to the regional office.

b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region.

c. The grantee must immediately refund to the Federal agency any balance of unobligated

(unencumbered) cash advanced that is not authorized to be retained for use on other grants.

22

ATTACHMENT B

MINIMUM EVALUATION CRITERIA Please specify under the columns marked “yes” or “no” your response to each of the following minimum qualifying criteria. CRITERIA Yes No

The firm has on staff one or more Environmental Professional as defined by U.S. EPA with at least 10 years of experience to perform tasks in accordance with all applicable regulations.

The firm has on staff one or more Professional Engineers (P.E.) with at least 10 years experience.

The firm has on staff one or more Professional Geologists with at least 10 years experience.

The firm can demonstrate extensive experience with developing, negotiating, and adhering to access agreements.

The firm can demonstrate extensive experience (at least 10 years) performing cleanup and assessment of contaminated sites in the project vicinity.

The firm has completed a US EPA Quality Assurance Project Plan, or a similar quality assurance plan, for at least three prior projects.

Consultant must have at least $1,000,000 in Professional Errors and Omissions and $1,000,000 in General Liability Insurance with a deductible of less than $2,500.00.

Consultant must have demonstrable experience with Remedial Action Plans, Closure Plans, and other requirements of the state DEP.

The proposer has demonstrated experience working with a municipal government agency.

The proposer is willing and able to comply with all administrative and programmatic conditions set by EPA.

The proposer has demonstrated experience in presenting complex technical information to the public and other nontechnical individuals.

23

ATTACHMENT C

COMPARATIVE EVALUATION CRITERIA The Town of Mytown shall apply the criteria that follow in its evaluation of the proposals:

A. Brownfields Site Cleanup Project Expertise and Experience

1. Highly advantageous – clearly demonstrates expertise and experience in communities similar to Mytown.

2. Advantageous – clearly demonstrates expertise and experience 3. Not advantageous – less than five years experience in Brownfields cleanup projects. 4. Unacceptable – no clear statement of experience.

B. Quality of Written Proposal

1. Highly advantageous – provides a consistently high quality of response and meets all the specifications of the RPF with no significant exceptions.

2. Advantageous – meets most of the specifications in the RFP but without consistently high quality in all respects and with several significant exceptions.

3. Not advantageous – does not provide a high quality of response and his significant exceptions to the various specifications of the RFP.

4. Unacceptable – fails to respond at an acceptable level to the RFP’s specifications.

C. Proposer’s References and Experience

1. Highly advantageous – proposer’s references are of uniformly high quality. 2. Advantageous – proposer’s references are generally good but with certain qualifications. 3. Not advantageous – proposer’s references have raised serious questions regarding

performance. 4. Unacceptable – proposer’s references are of such low quality as to provide no confidence in

ability to support a service of this scope and magnitude.

D. Response to Scope of Services

1. Highly advantageous – presents brief, clear, complete statement of work and demonstrates an understanding of all tasks to be accomplished.

2. Advantageous – presents, with some exceptions, a brief, clear, complete statement of work and demonstrates a good, but not excellent understanding of all tasks to be accomplished.

3. Not advantageous – presents a statement of work that is not very clear or complete and shows a weak understanding of the tasks to be accomplished.

4. Unacceptable – does not present a complete statement of work and fails to show a professional understanding of the tasks to be accomplished.

E. Ability to Meet The Town of Mytown’s Brownfields Program Deadlines

1. Highly advantageous – clearly demonstrates ability to meet the Town of Mytown’s Brownfields program deadlines, ability to be responsive to program management needs, including meetings with the Town of Mytown officials when necessary.

24

2. Advantageous – Clearly demonstrates ability to meet the Town of Mytown’s Brownfield Program deadlines.

3. Not advantageous – Does not clearly evidence ability to handle multiple assignments and meet the Town of Mytown’s deadlines.

4. Unacceptable - No evidence of ability to meet the Town of Mytown’s deadlines.

25

26

Brownfield Assessment RFQ

Re: Request for Qualifications

The City of Mytown is requesting proposals from qualified environmental consulting firms to aid in meeting the requirements of an EPA Community-Wide Brownfield Assessment grant. The grant was awarded in fiscal year 201x in the amount of $400,000.

Attached is the RFQ and the grant work plan approved by the EPA. The schedule and requirements for submission of proposals is located in the RFQ. If additional information is required to complete your proposal, please follow the procedure in the RFQ for contacting the City.

Signed by The Project Administrator

27

Community Initiative RFQ for the City of Mytown for Environmental Consulting and Project Management for U.S. EPA Hazardous Substances Grant

I. Project Information

A. Project Overview

The City of Mytown is seeking a qualified environmental consulting firm (capacity to conduct Phase I, Phase II’s, remedial action plans, QAPPs, Sampling and Analysis Plans, and Health and Safety Plans) to provide project management and to coordinate public involvement for City brownfield sites at which a potential release of hazardous substances, pollutants and/or contaminants hampers productive redevelopment. The United States Environmental Protection Agency (U.S. EPA) awarded a $400,000 Community-Wide Brownfield Assessment grant for hazardous substances to the City in September 201x. The City is seeking qualified firms to assist in implementation of this grant.

B. Project Limits

The grant is expected to extend from September 1, 201x through August 31, 201y.

C. Background

The purpose of the U.S. EPA brownfields assessment grants are to conduct a Phase I and Phase II environmental site assessments (ESAs) at brownfield sites located within the community area. The objectives of the City may expand at a later date to include actual cleanup of sites assessed under the current grants, depending on the future availability of funding. The successful consulting firms will bring experience, comprehensive technical skills, and a collaborative partnership style to the City and its public and private partners to implement this grant and explore other grants and brownfield initiatives as competitive processes for funding are announced.

Funding will be available for a three-year grant period expected to extend from September 1, 201x through August 31, 201y. Funding is available to complete an estimated twelve (12) Phase I Environmental Site Assessments (ESAs) and twelve (12) Phase II ESAs, and to develop three (3) remedial action or environmental cleanup plans. Funding is also available for a number of geographic information (GIS) activities related to identification and inventorying of brownfields sites, and to conduct public education and involvement.

The initial step of the grant process will be to identify and inventory potential brownfields in the community area, coordinating with the City’s GIS. Once an inventory of possible brownfields is compiled, the next step will be to work with community stakeholders to prioritize the inventoried brownfields and select those sites with the highest potential for reuse or development. The ultimate goal is to enhance economic development, improve the environment, and keep our citizens healthy.

The City’s desired outcome is to successfully identify and assess brownfield sites, create a pipeline for projects, help develop an ongoing and sustainable brownfield program, obtain

28

continued federal and state funding for assessments and cleanups, prepare sites for successful redevelopment by cities and developers, and bring economic vitality to the community and the state.

D. Project Information Contact

City personnel and elected officials are not authorized to discuss this project or Request for Qualifications with interested proposers. All questions related to the project requirements and requests for clarification must be submitted in writing to the following person by 4:00 p.m. on March 30, 201x:

The Grant Contact Address City, State, Zip xxx@yyyy.com

E. Proposers must comply with the provisions presented herein and made part of this RFQ.

II. Scope of Services

A. Project Services

The City intends to award contracts to full-service consulting firms to serve as partners in achieving the goals of the U.S. EPA Cooperative Agreement and the Grant Work Plan (Attachment A). The successful consulting firms are expected to perform many tasks including, but not limited to, the following:

• Work collaboratively with the City and EPA Project Managers. • Conduct work in accordance with EPA and City approved work plan. • Prepare and maintain schedules and budgets for all assigned grant activities. • Assist with community-wide inventory of potential hazardous substance and petroleum

brownfield sites. • Conduct and oversee all phases of environmental site assessments and response action

plan (RAP development, and prepare appropriate technical reports (printed and electronic formats) consistent with U.S. EPA and state environmental regulatory and cleanup standards.

• Provide work updates and information to all stakeholders as requested by the City Project Administrator.

• Prepare a written Quality Assurance Project Plan (QAPP) in compliance with U.S. EPA regulations. Applicants should provide the name of a certified lab to perform the analyses on the samples that are collected. The certification should include all of the analyses in the matrices of interest.

29

• Deliver to the City completed Phase I and Phase II ESA reports, site investigation reports, response action plans and other environmental reports or plans required under the applicable state environmental regulations.

• Provide project management, implementation, and technical oversight. • Attend meetings of the City and advisory committee as requested. • Prepare presentations to provide information about the project’s progress as requested. • Design preliminary budget, financing options and implementation plan for site reuse. • Develop comprehensive city outreach and public involvement program(s).

B. Reporting Requirements

One hard copy and one electronic copy of each one of the following reports shall be prepared by the consultant and submitted to the City Administrator for approval:

1. Quarterly and annual financial and progress reports required by the U.S. EPA. 2. Submission or updating of information in the U.S. EPA ACRES reporting system for assessed

sites. 3. Draft and final work plans for specific sites as deemed necessary. 4. Technical memoranda, as requested by the City. 5. Other grant related reports required by the U.S. EPA.

III. Request for Qualifications Timetable

Request for Qualifications Issued March 2, 201x Deadline for Written Questions 4:00 p.m. March 13, 201x Written Responses Sent 4:00 p.m. March 16, 201x Proposals Due 2:00 p.m. March 26, 201x

IV. Submission

A. Qualifications Submission Process

1. Notice to Proposers • The City expressly reserves the right to amend or withdraw this Request for Qualifications at

any time and to reject any or all proposals. • The City is not bound to accept the lowest cost proposal. • The City reserves the right to negotiate contract terms contemporaneously and/or

subsequently with any number of proposers as the City deems to be in its best interest. • The City reserves the right to request any additional information at any stage of the Request

for Qualifications process. Compliance shall be at the proposer’s expense.

30

2. Questions

Proposers may submit written questions related to the specific project requirements, the RFQ process, and contents of proposals by 4:00 p.m. on March 13, 201x to:

The grant RFQ contact Address City, State, Zip Email

Written responses to all questions received on time will be transmitted by mail and other means to all holders of the Request for Qualifications by 4:00 p.m. on March 16, 201x, in the form of addenda. Oral questions will not be accepted. Proposers shall rely only on the provisions of this Request for Qualifications and written addenda in preparing their proposals.

3. Proposers must comply with the provisions of Attachment B, detailing federal requirements for grants.

B. Valid Submittal

1. Consultants are asked to submit concise qualifications describing their capacity to manage projects and their experience with similar projects. The proposal must contain the following information:

a. Business Organization

This section shall include the firm’s name, areas of expertise, brief history of the firm, number of employees, office locations, and business addresses. The name, address, and telephone number of the consulting firm’s assigned project manager shall be included.

b. Experience and Capabilities

The relevant management and technical experience, capabilities, and knowledge of the consulting firm and key personnel shall be defined with respect to the following activities:

• Conducting Phase I and Phase II ESAs. • Conducting environmental investigations and cleanups. • Conducting environmental activities in association with facility deactivations. • EPA project experience. • Development/redevelopment experience. • Redevelopment planning related to brownfield properties. • Performance of environmental inventories utilizing GIS in conjunction with U.S. EPA

brownfield grants.

31

• Knowledge and expertise pertaining to federal environmental statutes or associated regulations, as well as U.S. EPA-related regulations, processes and procedures pertinent to the scope of services of this project.

• Knowledge and expertise pertaining to OSHA and other health and safety rules. • Individual staff knowledge and technical experiences relative to ESRI’s ArcGIS

software sufficient to design and populate spatial data layers determined appropriate for inventory and tracking of hazardous substance and brownfield sites.

c. Billing Rates and Schedule of Fees

Provide a billing and fee schedule for key personnel.

C. Submission

Proposals are due by 2:00 p.m. on Monday, March 26, 201x. Submit to:

The grant RFQ contact Address City, State, Zip Faxed or e-mailed proposals will not be accepted.

1. The response must include an original, plus one hard copy, and one electronic copy of the

proposal. The first page of the original must have the original signature of the officer who will be accountable for all representations. Unsigned proposals may be considered invalid.

2. Failure to submit on time may constitute grounds for the rejection. 3. All information included in the submitted proposal will be classified in accordance with state

statutes governing data practices.

V. Evaluation and Contract Award

1. The City reserves the right to interview any or all proposers at its discretion. The City is not responsible for any costs incurred by the proposer in preparing for or participating in an interview.

2. Proposals will be evaluated by an Evaluation Team in accordance with the provisions listed below.

3. The Evaluation Team will be made up as follows: THE COMMUNITY Board of Directors, and Program Administrator

4. The City will review and evaluate proposals based on the following criteria: a. The experience, resources, and qualifications of the firm and individuals to be assigned to

the Project as key personnel. (25%) b. The qualifications of the proposer including, without limitation, general qualifications,

specialized qualifications and professional competence in areas directly related to this RFQ and successful completion of similar projects. (25%)

32

c. Ability to provide required services and to perform the required work within the project time period. (25%)

d. Costs associated with scope of work. (25%) 5. An Evaluation Panel will review the proposals against the criteria in this RFQ and rank proposals.

At its option, the committee may invite one or more proposers for an interview. 6. The City will make the final decision, after considering recommendations by the City and the

Program Administrator. 7. The agreement to be executed between the successful proposer and the City will include the

scope provisions of this RFQ.

33

Attachment A: Grant Work Plan Insert your grant work plan here

34

Attachment B: General Federal Terms & Conditions Note: Below is an example of terms and conditions. Please ensure that you have the most recent version that applies to your grant. Contact your EPA project officer if you have questions.

Assessment Terms and Conditions Please note that these Terms and Conditions (T&Cs) apply to Brownfields Assessment Grants awarded under CERCLA § 104(k).

I. GENERAL FEDERAL REQUIREMENTS

NOTE: For the purposes of these Terms and Conditions the term “assessment” includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described in the EPA approved work plan.

A. Federal Policy and Guidance

1. a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2013 competition for Brownfields assessment cooperative agreements. OPTIONAL - include if the word plan is not approved or conditionally approved: By awarding this cooperative agreement, EPA has not approved/conditionally approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2013 competition for Brownfields assessment cooperative agreements. The CAR may not expend (“draw down”) funds to carry out this agreement until EPA’s award official approves the work plan.

b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations.

c. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC § 327-333) the Anti Kickback Act (40 USC § 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250.

35

d. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and repair contracts and subcontracts awarded with funds provided under this agreement. Activities conducted under assessment grants generally do not involve construction, alteration and repair within the meaning of the Davis-Bacon Act. The recipient must contact EPA's Project Officer if there are unique circumstances (e.g. removal of an underground storage tank or another structure and restoration of the site) which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry out with funds provided under this agreement. The Agency will provide guidance on Davis-Bacon Act compliance if necessary.

B. Eligible Brownfields Site Determinations

1. a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre-approved in the CAR’s work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in § 101(39) of CERCLA, whether the CAR is the potentially responsible party under CERCLA 107 and/or has defenses to liability.

b. If the site is excluded from the general definition of a brownfield, but is eligible for a property-specific funding determination, then the CAR may request a property-specific funding determination. In their request, the CAR must provide information sufficient for EPA to make a property-specific funding determination on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property-specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible.

2. a. For any petroleum contaminated brownfield site that is not included in the CAR’s EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA’s Proposal Guidelines for Brownfields Assessment Grants dated September 2011 for discussion of this element) documenting that:

(1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State,

(2) the State determines there is “no viable responsible party” for the site; (3) the State determines that the person assessing or investigating the site is a person who is

not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal

Act.

This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official.

36

b. Documentation must include (1) the identity of the State program official contacted, (2) the State official’s telephone number, (3) the date of the contact, and (4) a summary of the discussion relating to the state’s determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer.

c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations.

d. EPA will make all determinations on the eligibility of petroleum-contaminated brownfields sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the determinations described in 2.a. above.

II. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS

A. Term of the Agreement

1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR’s request.

2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the recipient must implement a corrective action plan approved by the EPA PO or EPA may terminate this agreement for material non-compliance with its terms. For purposes of assessment grants, the recipient demonstrates “sufficient progress” when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition grants “sufficient progress” is demonstrated when a solicitation for services has been released, sites are prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement (for Assessment Coalitions) is in place.

3. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the site.

B. Substantial Involvement

1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement.

37

a. Substantial involvement by EPA generally includes administrative activities such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts.

b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in I.B. under Eligible Brownfields Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under § 107 of CERCLA. (See Section II.C.3 for more information on subgrants.)

c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements.

d. EPA may waive any of the provisions in term and condition II.B.1., with the exception of property-specific funding determinations. EPA will provide waivers in writing.

2. Effect of EPA’s substantial involvement includes:

a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA § 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute.

b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws.

c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars.

C. Cooperative Agreement Recipient Roles and Responsibilities

1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff.

2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement.

3. Subgrants are defined at 40 CFR 31.36. The CAR may not subgrant to for-profit organizations. The

CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition.

38

4. The CAR is responsible for assuring that EPA’s Brownfields Assessment Grant funding received under

this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver.

5. CARs expending funding from a community-wide assessment grant on a particular site must include such funding amount in any total funding expended on the site.

D. Quarterly Progress Reports

1. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly progress reports must include:

a. Summary of approved activities performed during the reporting quarter, summary of the performance outputs/outcomes achieved during the reporting quarter, a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs/outcomes.

b. An update on project schedules and milestones.

c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter.

d. A budget recap summary table with the following information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); and total remaining funds.

2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific properties under this cooperative agreement.

3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the approved work plan.

E. Property Profile Submission

1. The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, cleanup required, contaminants, Institution Controls, Engineering Controls) by completing and submitting relevant portions of the Property Profile Form using the Brownfields Program on-line reporting system, known as Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA

39

will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must utilize the ACRES system unless approval is obtained from the regional Project Officer to utilize the Property Profile Form.

F. Final Report

1. The CAR must submit a final report at the end of the period of performance in order to finalize the closeout of the grant. This final report must capture the site names, what work was done at each site and how much was spent at each site. It should also provide information that documents the outreach efforts done by the CAR and other activities that help explain where the funding was utilized.

III. FINANCIAL ADMINISTRATION REQUIREMENTS

A. Eligible Uses of the Funds for the Cooperative Agreement Recipient

1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include:

a. Determining whether assessment activities at a particular site are authorized by CERCLA § 104(k);

b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA § 104(k);

c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section III.B.

d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the assessment activities.

CAN CHANGE - LOCAL GOVERNMENTS ONLY

2. Local Governments only. No more than 10% of the funds awarded by this agreement may be used for brownfield program development and implementation (including monitoring of health and institutional controls) as described in Task ___ of the EPA approved work plan. The CAR must maintain records on funds that will be used to carry out Task __ of its EPA approved work plan to ensure compliance with this requirement.

B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient

40

1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:

a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., construction of a

new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost-share required by another Federal

grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant

is potentially liable under CERCLA § 107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws

applicable to the assessment; and

h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA § 104(k)(4)(B), administrative costs are prohibited costs under this agreement.

Prohibited administrative costs include all indirect costs under applicable OMB Circulars.

a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement.

b. Ineligible grant administration costs include direct costs for:

(1) Preparation of applications for brownfields grants;

(2) Record retention required under 40 CFR 31.42;

(3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33;

(4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30;

41

(5) Maintaining and operating financial management systems required under 40 CFR 31;

(6) Preparing payment requests and handling payments under 40 CFR 31.21;

(7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and

(8) Close out under 40 CFR 31.50.

3. Cooperative agreement funds may not be used for any of the following properties:

a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);

b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA;

c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or

d. A site excluded from the definition of a brownfields site for which EPA has not made a property-specific funding determination.

C. Interest -Bearing Accounts and Program Income

1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement.

2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an interest bearing

account.

a. For interest earned on advances, CARs are subject to the provisions of 40 CFR §31.21(i) to remitting interest on advances to EPA on a quarterly basis.

b. Interest earned on program income is considered additional program income.

c. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 40 CFR 31.21(f).

IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS

A. Authorized Assessment Activities

42

1. Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations.

B. Quality Assurance (QA) Requirements

1. When environmental data are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements.

C. Completion of Assessment Activities

1. The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete.

D. All Appropriate Inquiry

1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the practices in ASTM standard E1527-05 “Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process,” or EPA's All Appropriate Inquiries Final Rule “All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content”, (Publication Number: EPA 560-F-06-244). This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards.

2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must comply

with 40 C.F.R. Part 312 and must, at a minimum, include the information below. All AAI reports submitted to EPA Project Officers as deliverables under this agreement must be accompanied by a completed “Reporting Requirements Checklist” that EPA’s Project Officer will provide to the recipient. The checklist also is available to grantees on the EPA website at www.epa.gov/brownfields.

a. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property.

b. An identification of “significant” data gaps (as defined in 40 C.F.R. 312.10), if any, in the

43

information collected for the inquiry. Significant data gaps include missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significance of these data gaps.

c. Qualifications and signature of the environmental professional(s). The environmental professional must place the following statements in the document and sign the document:

• ‘‘[I, We] declare that, to the best of [my, our] professional knowledge and belief, [I, we] meet the definition of Environmental Professional as defined in §312.10 of this part.’’

• ‘‘[I, We] have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. [I, We] have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.’’

Note: Please use either “I” or “We.”

d. In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding additional appropriate investigation, if the environmental professional has such an opinion.

3. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR part 312 (or comparable requirements for those using ASTM Standard 1527-05). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure to correct any identified deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 40 CFR 31.43(a)(2). If a recipient willfully fails to correct the deficiencies the Agency may consider other available remedies under 40 CFR 31.43 and 2 CFR Part 180.

V. Conflict of interest: Appearance of lack of Impartiality

A. Conflict of Interest

1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR’s appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party,

(ii) Any member of his immediate family,

44

(iii) His or her partner, or

(iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient.

Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties.

VI. PAYMENT AND CLOSEOUT

A. Payment Schedule

1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c).

B. Schedule for Closeout

1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close out the award when it determines that all applicable administrative actions and all required work of the grant have been completed.

2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial,

performance, and other reports required as a condition of the grant.

a. The CAR must submit the following documentation:

1. The Final Report as described in II.F. 2. A Final Federal Financial Report (FFR - SF425). Submitted to:

Address and contact provided by your EPA Regional office

3. A Final MBE/WBE Report (EPA Form 5700-52A). Submitted to the regional office.

b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region.

c. The grantee must immediately refund to the Federal agency any balance of unobligated

(unencumbered) cash advanced that is not authorized to be retained for use on other grants.

45

Rating Sheet for Anytown Brownfield RFP Reviewer's Name: Date: 7/10/2013

CriteriaMaximum

PointsScore Comments

Project Cost Approach: Evaluate proposer’s overall fee to perform tasks. Ability to

accomplish tasks within the given budget, completeness, and reasonableness.

Evaluate rate schedule for job classifications working on projects. Look closely at

writing strengths, descriptions and clarity of approaches to meet project tasks (Total

Points = 40)

Overall understanding of the project and budget 20

Reasonableness of work schedule and fee proposal 20

Assigned Project Staff: Practical experience and technical qualifications of key staff.

Key staff’s time on project in comparison to junior staff members

(Total Points = 30)

Recent experience of staff assigned to the project and a description of the tasks to be

performed by each staff person (Experience in local community, EPA, brownfields,

transactions, community wide projects) 15

Professional qualifications and education 10

Workload, staff availability and accessibility 5

Experience of Firm and Subcontractors: Look for intangible strong points and weigh

communication and project management strengths and weaknesses. Evaluate growth

and history of delivering a quality product. Ascertain ability to overcome challenges

and meet or exceed expectations (Total Points = 30)

Expertise of the firm and subconsultants in the fields necessary to complete the tasks

(Experience in local community, EPA, brownfields, transactions, community wide

projects) 5

Quality of recently completed projects, including adherence to schedules, deadlines

and budgets. Relevant experience with local community, EPA, brownfield transactions,

community wide projects 15

Experience with similar projects (Experience in local community, EPA, brownfields,

transactions, community wide projects) 10

Final Score 100 0

46