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HomeMy WebLinkAboutRFP - 8151 BROWNFIELDS ASSESSMENT CONSULTANTRFP 8151 Brownfields Assessment Consultants Page 1 of 36 REQUEST FOR PROPOSAL 8151 BROWNFIELDS ASSESSMENT CONSULTANTS The City of Fort Collins is soliciting statements of qualifications (SOQs) and documentation of experience from interested parties to provide grant administration; environmental and engineering consulting services including site identification, site assessments, and remediation planning; and public outreach including development of creative redevelopment strategies, outreach materials, and a website for an area wide brownfield assessment project. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), August 18, 2015 and referenced as Proposal No. 8151. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Bonnie Pierce, Project Manager, at (970) 416-2648 or bpierce@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Bonnie Pierce , with a copy to Ed Bonnette, no later than 5:00 PM our clock on August 4, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8151 Brownfields Assessment Consultants Page 2 of 36 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8151 Brownfields Assessment Consultants Page 3 of 36 REQUEST FOR PROPOSAL 8151 BROWNFIELDS ASSESSMENT CONSULTANTS I. INTRODUCTION The City of Fort Collins, Colorado (City) is soliciting statements of qualifications (SOQs) and documentation of experience from interested parties to provide grant administration; environmental and engineering consulting services including site identification, site assessments, and remediation planning; and public outreach including development of creative redevelopment strategies, outreach materials, and a website for an area wide brownfield assessment project. The US EPA has awarded the City of Fort Collins a Brownfields Assessment grant in the amount of $500,000 dollars to conduct an assessment of potential brownfield sites in the community. The grant consists of $300,000 for the assessment of parcels contaminated or potentially contaminated by hazardous substances, and $200,000 for the assessment of parcels contaminated by or potentially contaminated by petroleum substances. The project focus area is the North College Ave. Corridor which consists of, but is not limited to, the following five priority areas for brownfield redevelopment:  East Vine Drive from College Ave. to North Lemay Ave  Poudre River Area Downtown Live/Work Zone surrounding the Poudre River from its intersection with College Ave. to the river’s intersection with East Lincoln Ave  North College Ave. between Vine Drive and the Hickory/Conifer intersection  The western-most part of the former Great Western Sugar Plant Site that is part of the Downtown River Corridor  Old Rail Lines and Sidings within the Poudre River Area and North College Ave. Corridor that remain and that have been removed Working under the terms of a Cooperative Agreement with the Downtown Development Authority (DDA) and Larimer County, and with collaboration and approval of the EPA, Phase I and Phase II Environmental Site Assessments (ESAs) will be conducted on targeted properties with potential for reuse and redevelopment. These properties fall within an area known as the Poudre River/North College Innovation District in Fort Collins, Larimer County, Colorado. The ideal consulting team will demonstrate knowledge of and successful project experience with working with Brownfield contamination under EPA and Colorado Department of Public Health and Environment (CDPHE) guidelines. This includes All Appropriate Inquires Final Rule (40 CFR 312), ASTM E1527-13 Environmental Site Assessment (ESA) standard practices for performing Phase I ESAs and Phase II ESAs to determine the nature and extent of contamination, and the CDPHE’s Voluntary Cleanup Program (VCUP). It is recommended that the contracted firm have a history of previous experience in environmental site assessment, quality assurance project plans, community engagement, including public outreach, public presentations, and the development of marketing materials to advertise the City’s assessment grant program, including a website. Demonstrated ability to assist communities in obtaining other types of funding which will aid the development of a sustainable Brownfield program will be favored. Being able to identify and evaluate cleanup alternatives and providing recommendations for end use of sites is also preferred. RFP 8151 Brownfields Assessment Consultants Page 4 of 36 II. SCOPE OF WORK a. Tasks The intent of Fort Collin’s Brownfields Initiative is to support community efforts to generate and implement creative strategies in redeveloping brownfield sites for the North College Avenue Corridor in support of infill, reuse, and redevelopment of the Poudre River/North College Innovation District. The City also places a high priority on the incorporation of sustainability considerations under the Triple Bottom Line concept to balance community impacts and opportunities. The City will contract with a qualified consulting team to assist the City in implementing the scope of work in the approved Brownfields Cooperative Agreement Work Plan attached to this document as Exhibit A and summarized as follows: Task 1: Grant Administration Working in collaboration with City staff the consulting team will assist with grant administration. This will include assistance in preparation of quarterly and end of year and project reports, maintenance of project records, ACRES reporting, and preparation of financial report information. Task 2: Public Outreach The consulting team will be responsible for coordinating and conducting public outreach throughout the project. This includes development of a Public Participation Plan and innovative redevelopment strategies, contacting and coordinating with property owners, arranging site access, and conducting meetings and interviews with project stakeholders. The consulting team will be responsible for preparing and coordinating the distribution of public information and marketing materials, media releases, website development, and update meetings with elected officials and the general public. Task 3: Site Identification and Selection This task will involve working with City staff to initially analyze and identify 12 to 15 recognized and potential brownfields sites in the targeted areas for environmental assessment. Additional eligible Brownfields sites are expected to be identified during the remainder of the grant period. The list will be prioritized based on criteria that take into account the type of contamination, redevelopment potential, and community priorities and values. The consulting team will utilize the EPA Region 8 Brownfields Program Site Eligibility Determination Outline as a guide in understanding and screening eligible properties prior to submittal to the EPA. Task 4: EPA Coordination and Site Approval The consulting team will be responsible for complying with all applicable regulations and best practices in conducting project tasks and meeting the requirements and expectations of the EPA Cooperative Agreement. Following identification of selected sites, the consulting team will be responsible for submitting sites to the EPA for approval, as well as alternatives in the event that initial sites prove ineligible. Task 5: Site Assessments Upon obtaining approval from the EPA, the consulting team will focus the majority of the grant funds towards environmental assessment of the highest ranking sites beginning with conducting up to 20 Phase I ESAs. All ESAs conducted with grant monies will comply with All Appropriate Inquiries and ASTM Standard E1527-13. As appropriate, site assessment will include 6 to 10 Phase II ESAs to delineate the presence, extent, and RFP 8151 Brownfields Assessment Consultants Page 5 of 36 levels of environmental contaminants. This will include all preliminary and final reports, including preparation of a generic Quality Assurance Project Plan (QAPP) and QAPP Crosswalk and site specific Sampling and Analysis Plans (SAPs) and Health and Safety Plans (HASPs). The consulting team is encouraged to maximize efficiencies and minimize negative impacts of site assessment by incorporating green and sustainable remediation (GSR) techniques and proper handling and disposal of investigation-derived waste (IDW) that are applicable. The completed Phase II ESA reports will include cleanup options and associated cost estimates if applicable. Task 6: Remediation Plans As appropriate, the consulting team will prepare up to 6 comprehensive Alternative Brownfield Cleanup Alternatives (ABCA) and Remedial Action Plans (RAPs) to address individual site contamination identified in the previous tasks. The plans will follow guidelines issued by CDPHE under Remedy Selection and Implementation for sites within the VCUP. These plans will actively incorporate projected development plans and long-term goals for the properties. Task 7: Final Report Preparation In addition to documents prepared as part of other project tasks, the consulting team will be responsible for preparing a final project report meeting requirements of the City and EPA. The report will summarize the activities of the project, provide recommendations for further action, and highlight additional funding opportunities. b. Steering Committee and Anticipated Meetings 1. The selected consulting team should anticipate a project steering committee that may consist of the following representatives:  City Staff  DDA  Larimer County  Community stakeholders 2. Meetings requiring the Consultant’s participation will likely include, but may not be limited to the following:  Project kick-off meeting  Public Meetings  Property Owner meetings  Regular project management meetings  Progress meetings  City Council meetings as required c. Work Products A complete list of work products shall be incorporated into the professional services contract with selected consulting team. Some work products will involve collaboration with City staff to meet EPA grant reporting requirements. Completion of the following work products should be anticipated:  Brownfields Site Inventory including a map of sites for planning and marketing purposes  Site selection criteria RFP 8151 Brownfields Assessment Consultants Page 6 of 36  Public Participation Plan  3 color brochures and 1 FAQ insert for marketing purposes  Presentation materials for public meetings  1 attractive project website  Generic Quality Assurance Project Plan (QAPP) with QAPP Crosswalk  Sampling and Analysis Plans (SAPs) for selected sites  Health and Safety Plans (HASPs) for selected sites  Phase I ESAs for selected sites  Phase II ESAs for selected sites  Alternative Brownfield Cleanup Alternatives (ABCA) and Remedial Action Plans (RAPs)  Quarterly Progress Reports  Property Profile reports for selected sites  Financial Status Reports  Final Project Report d. Schedule It is anticipated that the project will be concluded by Q2 2017. Final project schedule including milestones will be negotiated and incorporated into the project contract; however, it must meet the expectations of the Work Plan approved by the US EPA (Exhibit A). III. SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and schedule of rates. Once a firm is selected, a detailed scope of services will be developed for the Professional Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. Submittals are to be limited to 10 pages or less, exclusive of work product samples. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach to addressing Expectations/Services described above. Describe the anticipated interaction with the City. a. Sustainability: All qualified consulting firm/teams participating in the submitted proposal are to explain in detail what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. 2. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar plans and services to the ones listed under our Deliverables above:  Number of years in the business. RFP 8151 Brownfields Assessment Consultants Page 7 of 36  Overview of services offered and qualifications  Names and location of similar projects. Three references of such projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of public agency reference(s) overseeing the planning effort.  Samples (preferably three via a web link or pdf files) of work products for similar projects. 3. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 4. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 5. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEKS OF SEPTEMBER 11 AND SEPTEMBER 18, 2015 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 6. Schedule of Rates – Provide a schedule of hourly rates that will apply for the tasks described above under Scope of Work. RFP 8151 Brownfields Assessment Consultants Page 8 of 36 IV. VENDOR STATEMENT: I have read and understand the specifications and requirements for this Request for Proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: COMMODITY CODES USED FOR THIS RFP: 91832 - Consulting Services (Not Otherwise Classified) 91843 - Environmental Consulting 92535 - Environmental Engineering Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Contractor shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8151 Brownfields Assessment Consultants Page 9 of 36 V. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and any optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager’s estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? RFP 8151 Brownfields Assessment Consultants Page 10 of 36 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8151 Brownfields Assessment Consultants Page 11 of 36 VI. SAMPLE AGREEMENT – FOR REFERENCE ONLY PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory RFP 8151 Brownfields Assessment Consultants Page 12 of 36 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and RFP 8151 Brownfields Assessment Consultants Page 13 of 36 proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The RFP 8151 Brownfields Assessment Consultants Page 14 of 36 City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that RFP 8151 Brownfields Assessment Consultants Page 15 of 36 knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. RFP 8151 Brownfields Assessment Consultants Page 16 of 36 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8151 Brownfields Assessment Consultants Page 17 of 36 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP 8151 Brownfields Assessment Consultants Page 18 of 36 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 8151 Brownfields Assessment Consultants Page 19 of 36 EXHIBIT A ASSESSMENT WORKPLAN City of Fort Collins, CO Work plan for CERCLA Section 104(k) Assessment Cooperative Agreement October 1, 2015 – September 30th, 2018 1. GOAL 3: Healthy Communities and Ecosystems Objective 3.2 Communities – Sustain, Clean Up, and Restore Communities and the Ecological Systems that Support Them Sub-objective 3.2.3 - Assess, Clean Up and Redevelop Brownfields CFDA: 66.818 Assessment, Cleanup, and Revolving Loan Fund Grants OBJECTIVE: The Small Business Liability Relief and Brownfields Revitalization Act (SBLRBRA) was signed into law on January 11, 2002. The Act amends the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, by adding Section 104(k). Section 104(k) authorizes the U.S. Environmental Protection Agency (EPA) to provide funding to eligible entities to inventory, characterize, assess, conduct cleanup and reuse planning, remediate, or capitalize revolving loan funds to remediate, eligible Brownfields sites. Entities are selected from proposals prepared in accordance with the “Proposal Guidelines for Brownfield Assessment, Revolving Loan Fund, and Cleanup Grants,” and submitted in a national competition. The City of Fort Collins, CO, as a general purpose unit of local government, was selected for Assessment funding in the FY 2015 competition. The first step in assessment will be the identification of potential properties to be considered under this project, and developing and implementing a site prioritization scheme. Five potential properties and/or areas of high priority have been previously discussed. Criteria for properties to be selected will be based upon a number of factors, including fit with City Plan goals, developer interest, known past operations, suspected past operations, community input, visual inspections, known environmental issues, suspected environmental issues, and storm water management/flooding issues. In addition to these criteria, final site selection will focus on those properties that are a redevelopment priority, and have the greatest potential to adversely impact the environment and the health and wellbeing of the community. The Coalition will use our $500,000 Brownfields Coalition Assessment Grant to initiate and support brownfield redevelopment in our Target Area of Fort Collins where such redevelopment will reduce threats to health, welfare, and the environment; eliminate blight; and create economic stimulus in the form of new jobs, taxes, and economic activity by accommodating the current and future demand for growth in Fort Collins and Larimer County. Assessment Grant funds will also be used to assess and support projects that will lead to increased and improved storm water management and allow for improved river access to our City residents. Through these projects, critical flooding hazards and water-quality issues will be addressed. Such projects will in turn lead to increased protection of the local waterways and expansion of green space within the City. 2. FUNDING: $300,000 Hazardous Substances; $200,000 Petroleum 3. BUDGET: Our original grant application requested a $600,000 Coalition Grant Award; however, the final award to our Coalition was reduced to $500,000. The costs reflected in this budget table RFP 8151 Brownfields Assessment Consultants Page 20 of 36 indicate a total award of $500,000 ($300,000 for assessment of hazardous substances and $200,000 for assessment of petroleum). Budget for Hazardous Substance Assessment Task Description Task 1 Programma tic Costs Task 2 Community Outreach Task 3 Site Inventory, Selection and Planning Task 4 Site Assessment Task 5 Remed. Planing Total Budget Travel – H $1,500 $1,500 Supplies – H $250 $1,250 $1,500 Contractual * – H $14,000 $10,000 $25,000 $228,000 $20,000 $297,000 Personnel – In Kind $1,800 $3,000 $2,700 $1,500 $9,000 Total Budget $ $ $ $ $ $309,000 H – hazardous substances * – The Coalition will comply with procurement procedures outlined in 40 CFR 31.36 Budget for Petroleum Assessment Task Description Task 1 Programma tic Costs Task 2 Community Outreach Task 3 Site Inventory, Selection and Planning Task 4 Site Assessment Task 5 Remed. Planing Total Budget Travel – P $1,500 $1,500 Supplies – P $250 $1,250 $1,500 Contractual * – P $14,000 $25,000 $25,000 $128,000 $5,000 $197,000 Personnel – In Kind $1,200 $2,000 $1,800 $1,000 $6,000 Total Budget $ $ $ $ $ $206,000 P – petroleum * – The Coalition will comply with procurement procedures outlined in 40 CFR 31.36 RFP 8151 Brownfields Assessment Consultants Page 21 of 36 4. WORKPLAN TASKS Task 1: Cooperative Agreement Oversight (Utilize task descriptions from proposal.) Task 1 - Cooperative Agreement Oversight Subtasks (Commitments) Anticipated Outputs (projected activities, deliverables, reports) and Anticipated Outcomes (projected results, effects, improvements) Anticipated Accomplishment Date(s) (Month/Year) Actual Accomplishment Date(s) Obtain QEP and legal services (if necessary):  Prepare Request For Proposals/Qualifications, evaluate applications, conduct interviews, hire qualified environmental consultant  Conduct annual performance evaluations on consultant  Prepare Coalition Memorandum of Understanding (MOU) for signatures Outputs:  RFP/RFQ; documentation of meeting of open competition; contract for scope of services  Performance evaluation reports, and applicable corrective actions Outcomes:  High quality products and services to meet project needs  Maintain a high level of work effort  Create working MOU agreement defining roles of coalition partners  Anticipated to be in July 2015  Ongoing  Ongoing  Ongoing  Creation/execu-tion of a MOU in Sept. 2015 Reporting:  Prepare quarterly reports, MBE/WBE semi-annually, and FFR form at the end of the reporting period  Enter site data in ACRES  Prepare final report describing how each item in the workplan was addressed and grant closeout material Outputs:  Quarterly reports and other forms; updated ACRES database; final report and closeout forms Outcomes:  Regular communication of project status and next steps; current database for congressional reporting  Quarterly reports every quarter; MBE/WBE forms 3/30 & 9/30  ACRES updated when site activities occur  Final Report and Final FFR at end of grant Records:  Maintain grant files  Establish and maintain administrative record RFP 8151 Brownfields Assessment Consultants Page 22 of 36 Task 2: Community Involvement Task 2 - Community Involvement Subtasks (Commitments) Anticipated Outputs (projected activities, deliverables, reports) and Anticipated Outcomes (projected results, effects, improvements) Anticipated Accomplishment Date(s) (Month/Year) Actual Accomplishment Date(s)  Form project management team (consultants, City staff)  Identify partners, community stakeholders, and City staff to become a Brownfields steering committee  Ensure that commitments made by stakeholders in proposal are implemented. Outputs:  Bi-monthly project management team meetings  Monthly Brownfield Steering Committee meetings, meeting agendas, attendance lists, and meeting notes Outcomes:  An active and motivated workgroup driving Brownfields initiatives  Hold twice monthly project management team (PMT) planning meetings with core team members  Hold monthly Brownfields steering committee meetings Develop Marketing Materials:  Create brochure targeting private & public property owners, lenders and developers  Create FAQ fact sheet  Update website  Hold a developer recruitment forum with interested investors and developers in project area Outputs:  Three Color brochures; one FAQ insert(s); one easy to navigate and attractive project website; one public relations plan  Meetings with interested investors and developers in project area Outcomes:  Up-to-date marketing tools to promote project work and disseminate information  All marketing materials by April 2016  Developer recruitment forum in July 2016 Implement outreach strategy in target areas:  Meet w/ local community organizations and inform elected officials  Publish program info in local papers and post notices in town halls & community centers Outputs:  Give BF presentations at 6 meetings during course of the RFP 8151 Brownfields Assessment Consultants Page 23 of 36 Task 3: Site Inventory and Phase I Assessments Task 3 - Site Inventory & Phase I Assessments Subtasks (Commitments) Anticipated Outputs (projected activities, deliverables, reports) and Anticipated Outcomes (projected results, effects, improvements) Anticipated Accomplishment Date(s) (Month/Year) Actual Accomplishment Date(s) Site inventory:  Identify recognized and potential brownfields sites in target areas Outputs:  Graphical capturing of BF sites for planning and marketing work  Jan 2016 Site prioritization and eligibility determination:  Convene steering committee meeting to rank and prioritize sites  Choose initial sites for Phase I investigation  Evaluate site access issues  For each selected site, provide site eligibility information to EPA (or State for petroleum sites) for review  Obtain EPA(or State) site eligibility approval document for Phase I Outputs:  Planning meetings; 12- 15 eligible sites identified in initial inventory search  Estimate eight additional eligible sites identified during remainder of grant Outcomes:  Six to nine brownfields sites identified with the highest redevelopment and community benefit potential in target area(s)  Approval of Petro & Haz Mat. SEDs  Planning meetings on-going from Nov 15 thru Feb 16  Identify additional eligible sites by May 16  Identify sites with highest redevelopment potential by Mar 2016  On-going SED approvals Phase I investigations:  Conduct planning meeting with consultant to discuss approved sites  Consultant obtains access agreement and performs Phase I investigation  Consultant submits draft Phase I report to project team members  Team reviews/comments on draft Phase I  Preparation of Phase I AAI Checklist for EPA  Consultant submits final Phase I report to project team members Outputs: RFP 8151 Brownfields Assessment Consultants Page 24 of 36 Task 4: Site-Specific Activities Task 4 – Phase II Assessments & Cleanup Planning Subtasks (Commitments) Anticipated Outputs (projected activities, deliverables, reports) and Anticipated Outcomes (projected results, effects, improvements) Anticipated Accomplishment Date(s) (Month/Year) Actual Accomplishment Date(s) Phase II preparation:  Consultant submits a generic QAPP and QAPP Crosswalk to project team for review and comment  EPA approval is obtained for final QAPP  Meet with steering committee to review Phase I results and project direction  Obtain EPA approval to proceed with Phase II  Meet with consultant to Plan Phase II  Encourage consultant to maximize efficiencies and minimize negative impacts of site assessments by incorporating green and sustainable remediation (GSR) techniques that are applicable to Phase II assessment activities Outputs:  Project planning meetings  1 approved generic QAPP  Six to ten high priority sites approved for Phase II investigation Outcomes:  Six to eight high priority sites identified for further investigation and potential redevelopment  Project planning meetings twice monthly  Jan 2016 – generic QAPP  TBD for approval of high priority sites Phase II investigation:  Consultant submits draft Sampling and Analysis Plan (SAP), QAPP addendum to project team with a crosswalk for review and comments  EPA/state approval is obtained for final SAP  Consultant performs field work according to QAPP and SAP  Grantee monitors site work and communicates any concerns with EPA/state  Grantee tracks green and sustainable site assessment efforts used during Phase II investigations  Consultant submits draft Phase II reports with cleanup options and associated cost estimates if applicable to project team for review and comments  Consultant submits final Phase II report to project team  Project team & steering committee evaluate Phase II findings, and implement additional Phase II investigations as appropriate to delineate extent of contamination RFP 8151 Brownfields Assessment Consultants Page 25 of 36 Task 4 – Phase II Assessments & Cleanup Planning Subtasks (Commitments) Anticipated Outputs (projected activities, deliverables, reports) and Anticipated Outcomes (projected results, effects, improvements) Anticipated Accomplishment Date(s) (Month/Year) Actual Accomplishment Date(s) Cleanup & reuse planning:  Throughout Phase II process, strategize with steering committee on reuse plans for the site and include cleanup options in final Phase II reports  Conduct marketing to leverage developer/lender interest in the property  Incorporate GSR principles/techniques into Analysis of Brownfields Cleanup Alternatives (ABCA)  Perform public outreach and involvement in cleanup and reuse planning Outputs:  Hold three or more internal cleanup and reuse planning meeting(s)  Create 6 draft remedial action plans  GSR language in ABCA  update ACRES database  1 or more public meetings on project results and cleanup options and GSR  Organize developer / lender workshop and transaction forum Outcomes:  Estimated 6 to 8 properties assessed through cleanup and reuse planning, and ready for cleanup and redevelopment  Acres ready for cleanup & redevelopment  Greener and more sustainable plans for cleanup  Late 2016 or 2017  Late 2016 or 2017  Update ACRES database upon completion of remedial remedy  Public meeting on project results in late 2016 or 2017  Developer forum in Jul 2016  Prior to completion of Coalition Grant Cycle  TBD  GSR Included in every ABCA and reuse plan Etc. RFP 8151 Brownfields Assessment Consultants Page 26 of 36 5. QUALITY ASSURANCE Prior to undertaking Phase II assessments, the City of Fort Collins, CO Coalition will prepare and submit a project-wide Quality Assurance Project Plan (QAPP) and site-specific Sampling and Analysis Plans (SAP) which meet the approval of U.S. EPA Region VIII Brownfields Program. The QAPP will describe the project, the sampling and analytical strategies, and the methods and procedures that will be used in all Phase II assessments and the SAPs will include sampling procedures and analysis specific to each property. The Region VIII EPA crosswalk shall be submitted with each QAPP and SAPs. QAPP/SAP approval will be obtained prior to performing any field activities. Our consultant team selected to assist the Coalition on the project will be selected based upon their working knowledge and experience with preparation of QAPPs, associated Crosswalk documents, and integration of same into Sampling and Analysis Plans (SAPs). 6. PRE-AWARD COSTS The City Fort Collins, CO requests approval of pre-award costs in the amount of $1,500 for staff attendance at the 2015 EPA Brownfield Conference in Sept 2015 for this cooperative agreement. 7. COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS As the EPA Area Wide Coalition Assessment grantee, our Coalition will comply with other requirements including but not limited to the following: Disadvantaged Business Enterprise (DBE) requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; 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) and the Anti-Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. RFP 8151 Brownfields Assessment Consultants Page 27 of 36 EXHIBIT B ADDITIONAL FEDERAL TERMS AND CONDITIONS 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by EPA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the EPA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by EPA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by EPA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the EPA Recipient RFP 8151 Brownfields Assessment Consultants Page 28 of 36 or a subgrantee of the EPA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the EPA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the EPA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the EPA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. EPA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/5311 None None unless non-competitive award None None unless non- competitive award RFP 8151 Brownfields Assessment Consultants Page 29 of 36 this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION A. Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. B. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor a period of ten (10) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. RFP 8151 Brownfields Assessment Consultants Page 30 of 36 E. Termination for Convenience (Professional Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of RFP 8151 Brownfields Assessment Consultants Page 31 of 36 age. In addition, the Contractor agrees to comply with any implementing requirements EPA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements EPA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by EPA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 5 %. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this EPA-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. INCORPORATION OF ENVIRONMENTAL PROTECTION AGENCY (EPA) TERMS Incorporation of Environmental Protection Agency (EPA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by EPA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by EPA, as set forth in Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all EPA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the EPA terms and conditions. 8. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability RFP 8151 Brownfields Assessment Consultants Page 32 of 36 In conjunction with the Office of Management and Budget and other affected Federal agencies, EPA published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and RFP 8151 Brownfields Assessment Consultants Page 33 of 36 throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Purchasing. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Purchasing shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 10. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 RFP 8151 Brownfields Assessment Consultants Page 34 of 36 of the Lobbying Disclosure Act of 1995, and EPA implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and RFP 8151 Brownfields Assessment Consultants Page 35 of 36 submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date 11. CLEAN AIR Clean Air – (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to EPA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by EPA. RFP 8151 Brownfields Assessment Consultants Page 36 of 36 12. CLEAN WATER REQUIREMENTS Clean Water – (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to EPA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by EPA. 13. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 14. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 15. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. None None unless non- competitive award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable EPA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and EPA, as they may be amended or promulgated from time to time during the term of Outputs:  One approved SAP(delineating extent of site contamination on 1 Brownfield site) and QAPP addendum and a crosswalk  Six to eight Phase II report(s) documenting the results  Updated ACRES database  Green and sustainable efforts reported in quarterly reporting Outcomes:  Six to eight high priority sites with completed phase II assessments that are ready for cleanup and reuse planning  Total acres assessed through Phase II  Greener and more sustainable site assessment and remediation (GSR) techniques utilized  SAP, QAPP addendum and crosswalk in Feb/Mar 2016  Phase II reports TBD following Phase I ESAs  ACRES updates after project completion  TBD  TBD  Contemplated for every project site  Planning meetings  15 Phase I Reports  Updated ACRES database Outcomes:  Identify high potential Brownfields sites assessed through Phase I  Total acres assessed through Phase I  Bi-monthly planning meetings beginning 2015  ACRES updates within 30 days of final report  Continuous reporting Etc. grant period  Three round of ads/postings in local target areas Outcomes:  Improve community knowledge on BF issues and identify potential BF sites  Direct effort to meet needs and desires of community  BF presentations anticipated Nov 2015, and Jan, Mar, May, Jul, and Sept 2016  Ads in Dec 2015 and Apr and Aug 2016  Continuously work to improve community knowledge  Continuously work to meet needs and desires of the community Hold local public meeting on Phase II sites:  Discuss Phase II results, and potential cleanup and redevelopment plans Outputs:  Minimum two local public meeting, presentation materials, attendance list Outcomes:  Encourage public participation and support of BF project(s) going forward  Within 30 days following completion of Phase II reports hold 2 public meetings Etc.  Maintain site project files  Maintain financial records Outputs:  Accurate and complete files suitable for audit purposes Outcomes:  High quality project records reflective of the work performed  Continuously throughout grant period  We will maintain administrative records for project Requests for Reimbursements or Advances Outputs:  Forms submitted to Las Vegas for payment Outcomes:  Reduce unliquidated obligations  Continuously throughout grant period Training:  Attend EPA Brownfields Conferences and other related workshops Outputs:  Attend Brownfields conference Outcomes:  Improve Brownfields knowledge and expand networking opportunities  Sept 2015 and 2016 EPA BF Conference Etc.