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AMEC Foster Wheeler ~ C150058 City of-Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. T..igard,Oregon 97223 AMENDMENT SUMMARY Phone-(503)639-4171 FIELD CHANGE ORDER FORM Fax- (503 j 684-7297 w%-w.tt rd-or. o� Project Title:Brownfields Assessment Project Manager: Sean Farrell Contractor: AMEC Foster Wheeler Original Contract#: C150058 Effective Dates: Chane Order/Amendment Amount: $329,400 Accounting String: 100-3700-54001 Amendment Percentage Running Total: 6.25% AMENDMENT DF."I'AILS Increase compensation b $4,000.We have a new task for them to complete and grant dollars to pay for it. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $310,000 Amendment 1 extended end date - 7/31/18 .amendment 2 $15,400 Amendment 3 $4,000 Total $329,400 REASONING FOR CHANGE ORDER/.AMENDMENT Funds for final task and for work needed to close out the rant: report, database updating. BUDGET IMPACT AND REQUIRED ACTIONS The additional contract amount will be paid by the EPA Assessment Grant REQ s-TESTING PROJECT MANAGER APPROVINM STAFF l-. Signator-- SIRnature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the Signature work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed theproject's FY budget. Dare CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT BROWNFIELD ASSESSMENT C150058 AMENDMENT #3 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Amec Foster Wheeler Environment and Infrastructure,hereinafter referred to as Contractor,entered into on the 26`s day of February,2015,is hereby amended as follows: 3. COMPENSATION The total amount paid to the Consultant by the City shall not exceed Three u.__a...a Tr..,,.nty �:__..-rhatts.._a Hundred 7 _aa a -N /100 Pall,- ($325,400.00) Three Hundred Twenty-Nine Thousand Four Hundred and No/100 Dollars ($329,400.00) if all tasks are completed. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD AMEC OSTE LE .1' Signature Signature M,av*c- L Scyl 60 ('A�L Printed Name Printed Name. j Date � Date C=ity of Tigard CONTRACT CHANGE ORDER/ 13145 SW Hall.Blvd. � T" Oregon x on 97223 AMENDMENT SUMMARY ph _ reg n 9-4171 7223 * FIELD CHANGE ORDER FORM Fax-(503) 684-7297 w%-yr. ard-ot.gov Project Title: Brownfields Assessment Project Mana ex: Sean Farrell- Contractor:AMEC Foster Wheeler Original Contract#: C150058 Effective Dates: Change Order/Amendment Amount: Change Compensation 0 0 Accounting String:100-3700-54001 1 Amendment Percerit"age Running Total:4.9% AMENDMENT DETAILS Increase compensation b $15,400. This will increase the total compensation from$310,000 to $325,400. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT Addition tasks: Phase 2 ESA and Limited Phase 2 ESA for ODOT ROW Acquisition and additional Phase 2 testin&for the Main Street/Fanno Creek property BUDGET IMPACT AND REQUIRED ACTIONS $12,900 of the cost will be paid by a Business Oregon grant,the remaining$2,500 by existing Community Development budget REQUESTING PROJECT MANAGER APPRO G CI`rY STAFF Signature Signature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below-in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to Signature all additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed theproject's FY budget. Date CITY OF TIGARD,OREGON A1%IENDMENT TO CONTRACT BROWNFIEI.D ASSESSMENT:PUBLIC INVOLVEMENT,ENVIRONMENTAL SITE CI3ARACTERIZATION,AND CLEANUP PLANNING C150058 AMENDMENT #2 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon, Hereinafter called City,and Aniec Foster Wheeler Eng*ironment and Infrastructure,hereinafter referred to as Contractor,entered into on the 26"' day of I--ebruary,2015,is hereby amended as follows: 3. COMPENSATION The total amount paid to the Consultant by the Cite shall not exceed'iltme'Hu Not�nn l� ".1 ..., =• -rte=nom ��< '['111-4L(, f iilnclre.:!"I' r I.r.1 F,ire 1'ious.ind Four ur 1lutidred .uid '.tuj wo oollar_ ;?a.,100.0;; it all tasks are completed. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly ar1th0ri7cd undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF'TIGARD AMF.0 F STER JVHEdEll Signature. Signature / 11 Prinucd Name Printed Name f I Date t Date e REEL CHANGE'O". ZR FORM F - (503),684,M7 Project Tide: Brownfields Assessment Project Manager: Sean Farrell Contractor:AMEC Foster Wheeler Original Contract#: C 15005 8 { Effective Dates: Chane Order/Amendment Amount: Change End Date Accountin strip : Amendment Percentage Runnin Total: % AWN0Tf�AT Change end date of contract from 7/31/2017 to 9/31/2018,per EPA approval CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING PU ;I F1G1.ORIaF, % `1vDM1"1 . Allow more time to complete project No budget impact EC2UIs$TIN PRC JI Ci':MA1rtAGER APX'lt©, . "STAFF Date Tate, Contractor is hereby authorized by the City of Tigard to perform CQNTRAC`I�OR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed theproject's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT BROWNFIELDS ASSESSMENT AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and AMEC Foster Wheeler Environment & Infrastructure Inc, hereinafter referred to as Contractor, entered into on the 11`'day of February,2015,is hereby amended as follows: 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution,and shall expire,unless otherwise terminated or extended, on j* 317 September 30, 2018. All work under this Agreement shall be completed prior to the expiration of this Agreement. CITY OF TIGARD ANIEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE Attn: Sean Farrelly,Redevelopment Proj Mgr Attn: )ohn Kuiper Address: 13125 SW Hall Boulevard Address: 7376 SW Durham Road Tigard,Oregon 97223 Tigard,Oregon 97224 Phone: (503) 718-2420 Phone: (503) 693-3400 Fax: (503) 684-7297 Fax: (503) 620-7892 Email: sean&dpard-oror.gov Email: datt@4as.smith— T1 john.kuiper@amecfw.com IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD AMEC FOSTER WHEELER ENVIRONMENT& INFRASTRUCTURE,INC v ` SignatureA II gnaturre n Printed N e Printed Name Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUS T ACCOMPANY EVERY CONTRACT II Contract Title: Brownfield Assessment Number: f 00 Contractor: AMEC Foster Wheeler Contract Total: $310,000 Contract Overview: Brownfield assessment services related to public involvement,environmental site characterization, and clean-up planning. Funded by 5400,000 grant from U.S. EPA. Initial Risk Level: ❑Extreme ❑ High ®Moderate ❑Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Sean Farrelly Ext: 2420 Departtnent: Community Dev. Type: ❑ Purchase Agreement ® Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ❑ Other: Start Date:2/26/15_ End Date: 7/31/2017_ Quotes/Bids/Proposal: FIRM AMO m/ CORE AMEC 98.2 Terracon 94.7 HartCrowser GC Environmental Account String: Fund-Division-Account Work Order—Activity Type Amount Year 1 100-3700-54001 14001-120 S310,000 Year 2 Year 3 Year 4 Year 5 Approvals - LCRB Date: Department Continents: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. i" Contract 1 J CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT BROWNFIELDS ASSESSMENT PUBLIC INVOLVEMENT.ENVIRONMENTAL SITE CHARACTERIZATION,AND CLEANUP PLANNING THIS AGREEMENT made and entered into this 11`' day of February, 2015 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and AMEC Foster Wheeler Environment&Infrastructure,Inc.,hereinafter called Consultant. RECITALS WHEREAS, the City's 2014-2015 fiscal year budget provides for brownfields assessment services related to public involvement,environmental site characterization,and cleanup planning;and WHEREAS, the City received two assessment grants from the U.S. Environmental Protection Agency Brownfields program;and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Consultant,and WHEREAS, City has determined that Consultant is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, and WHEREAS, Consultant agrees to comply with any requirement provided in the EPA Work Plan and Cooperative Agreement included as Attachments D and E. THEREFORE, the Parties agree as follows: 1. SERVICES TO BE PROVIDED Consultant shall initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City will be contained in subsequent scope of work as needed 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on July 31, 2017. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The total amount paid to the Consultant by the City shall not exceed Three Hundred Ten Thousand and No/100 Dollars ($310,000.00) if all tasks are completed. Any and all payments made to the Consultant shall be based upon the following applicable terms: A. Payment by City to Consultant for performance of services under this Agreement includes all expenses incurred by Consultant, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Consultant's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by City shall release City from any further obligation for payment to Consultant, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Consultant or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due payment the Consultant. The a ment of the claim in this manner shall not relieve Consultant or their surety from obligation with respect to any unpaid claims. H. Consultant shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. I. Consultant shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Consultant or all sums which Consultant agrees to pay for such services and all moneys and sums which Consultant collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding during future fiscal years shall be subject to budget approval by Tigard's City Council. 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Consultant which result from this Agreement,including any computations,plans, correspondence or pertinent data and information gathered by or computed by Consultant prior to termination of this Agreement by Consultant or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT/DELEGATION Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all 2Page persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT Consultant certifies that: A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall be deemed to be an independent Consultant as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event that Consultant is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Consultant under the terms of this Agreement, to the full extent of any benefits or other remuneration Consultant receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Consultant or to a third party) as a result of said finding. B. The undersigned Consultant hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Consultant, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Consultant certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. - Consultant and its employees,if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Consultant shall obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a - December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal,state and local laws,it being understood that acceptance of a Consultant's work by City shall not operate as a waiver or release. Consultant agrees to indemnify and defend the City, its officers, employees, agents and representatives and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before 31Page federal or state administrative agencies) that may be asserted by any person or entity which in any way arise from,during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Consultant's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Consultant shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Commercial Automobile Insurance Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned,hired,and non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Consultant uses a personally-owned vehicle for business use under this contract, the Consultant shall obtain, at Consultant's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance The Consultant, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires thein to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Consultants who perform work without the assistance or labor of any employee need not obtain workers' compensation 4Page coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Self-Insurance The City understands that some Consultants may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Consultant is self-insured for commercial general liability or automobile liability insurance the Consultant must provide evidence of such self-insurance. The Consultant must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Consultant shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. H. Independent Consultant Status The service or services to be rendered under this contract are those of an independent Consultant. Consultant is not an officer, employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification The parties agree that Consultant's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: 5 1 Page City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Consultants liability hereunder. er. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices bills and payments shall be made in writing and may be given by personal delivery, snail IIS PY g 'i or by fax. Payments may be made by personal delivery,mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: Attn: Sean Farrelly,Redevelopment Proj Mgr Attn: Douglas Smith Address: 13125 SW Hall Boulevard Address: 7376 SW Durham Road Tigard, Oregon 97223 Tigard, Oregon 97224 Phone: (503) 718-2420 Phone: (503) 693-3400 Fax: (503) 684-7297 Fax: (503) 620-7892 Email: scan@tigaLd--or.gov Email; doul.as.smith(p,amecfw.com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Consultant that does not represent clients on matters contrary to City interests. Further, Consultant shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Consultant represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same 6 Page firm, represents clients on matters contrary to City interests, Consultant shall consult with the appropriate City representative regarding the conflict. After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. 12. TERMINATION WITHOUT CAUSE At any bine and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Consultant. If City terminates the contract pursuant to this paragraph,it shall pay Consultant for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Consultant,or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Consultant, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Consultant becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Consultant,if a receiver or trustee is appointed for Consultant, or if there is an assignment for the benefit of creditors of Consultant. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination: - B. City, by written notice of default (including breach of contract) to Consultant,may terminate the whole or any part of this Agreement: 1) If Consultant fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Consultant fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days - or such other period as City may authorize. 3) If Consultant fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Consultant shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount whichbears the 7 1 Page same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Consultant bear to the total services otherwise required to be performed for such total fee;provided, that there shall be deducted from such amount the amount of damages,if any, sustained by City due to breach of contract by Consultant. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Consultant as are directly pertinent to this Agreement for the purpose of making audit,examination, excerpts and transcripts. 15. FORCE MAJEURE Neither City nor Consultant shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic,quarantine restriction, area-wide strike, freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Consultant shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA(CHANGES) WORK Only the City's Project Manager for this Agreement may authorize extra (and/or change) work. Failure of Consultant to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance of the work by the owner. Consultant warrants that all practices and procedures,workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance 8 Page of the work nor payment therefore shall relieve Consultant from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES - Consultant shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapters 279A, 279B and 279C, the provisions of which are hereby made a part of this agreement. 24. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Consultant shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Consultant agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY In the event any provision-or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, seller must make payment promptly as due to persons supplying Consultant labor or materials for the execution of the work provided by this order. Consultant shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Consultant further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 28. HOURS OF LABOR If labor is performed under this order, then no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it, and in such cases, except cases of contracts for 91Page personal services as defined in ORS 279A.055, the labor shall be paid at least time and a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts for personal services as defined in ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209. 29. MEDICAL CARE AND WORKERS' COMPENSATION Consultant shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury,to the employees of such Consultant,of all sums which the Consultant agrees to pay for such services and all moneys and sums which the Consultant collected or deducted from the wages of the employees pursuant to any law, Consultant agreement for the purpose of providing or paying for such service. 30. DEBARMENT Consultant represents and warrants that it and its subcontractors are not debarred, suspended, or II' laced in any ineligibility status under the provisions of 24 CFR 24 (government debarment a p nd i suspension regulations). 31. TRAFFICKING j Consultant, consultant's employees, subcontractors under this award, and subcontractor employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-award under the award. I 32. NON-DISCRIMINATION &DBE/MBE/WBE Consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of the awarded contract. ' Program for of EPA's Consultant,and any subcontractor(s), agrees to comply with the requirementsg Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) in procurement under assistance agreements,contained in 40 CFR,Part 33. Consultant, and any subcontractor(s), shall ensure that a good faith implementation of the six good faith efforts for procurement from all types of Disadvantaged Business Enterprises (DBE) is in place prior to any work under the awarded contract. Good faith efforts must be make whenever procuring construction, equipment, services, and/or supplies under an EPA financial assistance agreement. Documentation demonstrating that these six good faith efforts have been taken must be retained for the project's files. The six good-faith efforts in soliciting subcontractors shall be as follows: A. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State, and Local Government recipients, this includes placing DBEs on solicitation lists and soliciting them whenever they are potential sources. B. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, 10 Page whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. C. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. This may include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. D. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. E. Utilize the services of the Small Business Administration (SBA) and the Minority Business Development Agency of the Department of Commerce. F. Require the sub-contractors to take these six good-faith .efforts in subcontracting with Disadvantaged Business Enterprises for any secondary subcontract that they let.... 33. LOBBYING Consultant, and any subcontractor(s), agrees to comply with Title 46 CFA Karl 34,New Restrictions on Lobbying. The successful contractor shall include the language of this provision in award documents for all subcontracts exceeding $100,000, and require that subcontractors submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any contractor who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such expenditure. Consultant shall ensure that no grant funds awarded under the subsequent contract are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Consultant shall abide by OMB Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) — Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certified 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 any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Contractor. [61 FR 6067, Feb. 15, 1996, as amended at 72 FR 2427,Jan. 19,2007] 34. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 111 Page No waiver, consent,modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Consultant, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Consultant has executed this Agreement on the date hereinabove first written. Awarded by Tigard's Local Contract Review Board at their February 10,2015 meeting. CITY OF TIGARD AMEC FOSTER WHEELER ENVIRONMENT& INFRASTRUCTURE,INC.^ / By: Marty Wine,Ci anager By:Authorized Agent of Consultant Date Date 12 1 Page EXHIBIT A SERVICES TO BE PROVIDED INTRODUCTION Services to be provided are listed in the Brownfields Assessment Work Plan (Attachment D) that is established ; as part of the Cooperative Agreement (Attachment E) between the City of Tigard and U.S. EPA Region 10. The approved work plan identifies the range of activities anticipated to be performed by the City,the Technical Advisory Team,Community Engagement Team,and the Consultant. SCOPE OF WORK Introductory Task-Program Development Work with city staff to define,develop,and refine Brownfields Program goals and objectives to effectively carry out work plan tasks below in a way that addresses regulatory guidelines, public involvement, site inventory/prioritization,public health issues,and cleanup planning. • Know and understand all EPA requirements and regulations • Develop an implementation plan and project management timeline for each of the tasks below Task 1-Project Management and Reporting Support grant management and reporting requirements: • Prepare and maintain schedules and budgets for assessment activities • Provide regulatory and financial information as needed o Track and measure progress o Enter data on the ACRES reporting system o Ensure compliance with all regulations Task 2- Community Engagement Support a comprehensive public involvement program that targets property owners, business owners, site employees,and residents in culturally appropriate and innovative ways: • Attend meetings of the city and advisory committee(s) as requested • Develop a Public Involvement Plan • Coordinate the Community Engagement Team - • Host a minimum of two public meetings including at least one educational meeting/training focused on property owners • Gather information for the Site Inventory including a list of eligible properties r, • Develop guiding principles and evaluation criteria for site selection and prioritization • Prepare presentations to provide information about project progress as requested - - • Develop information for the city's website • Identify and implement opportunities for internship, mentorship, job shadowing, and/or workforce. development in the environmental field, through organizations such as Oregon Tradeswomen, Inc. and Portland Community College. Task 3-Site Inventory Build on existing Downtown inventory and expand to the city's industrial and employment areas. Use the siteii, information as needed to develop a prioritization of potential brownfields sites: 13 1 Page • Produce a finalized and dynamic GIS-based site inventory • Generate a list of eligible properties • Develop a Prioritization Plan with a defensible methodology Task 4- Site Characterization Prepare all written plans in compliance with U.S.EPA regulations: • Prepare Quality Assurance Project Plan • Prepare Health and Safety Plan • Prepare Sampling and Analysis Plan • Conduct and oversee Endangered Species Act(ESA) (or field investigations including sample collection and lab analysis) activities and prepare appropriate technical reports required by the U.S. EPA and/or Oregon DEQ • Comply with ESA • Comply with National Historic Preservation Act • Comply with all other relevant Federal Acts r Task 5- Cleanup Planning Deliver completed Phase I and Phase II ESA reports, general site investigation reports,Analysis of Brownfield Cleanup Alternatives (ABCAs), Cleanup Action Plans (CAPs) and other environmental reports or plans required under the current U.S. EPA or Oregon DEQ programs governing site investigations/remediation. A. Project Management Consultant,under direction of the City,will: 1. Refine work plan tasks in conjunction with the City. 2. Coordinate project activities with U.S. EPA Region 10 staff. B. Preparation of Work Plans Consultant's work will be governed by the City and shall include: 1. Scope of work arranged in logical work tasks, including identification of subcontractors and their. project roles. 2. A detailed project budget for each major task and subtask,to include estimates of a time-phased project schedule,listing major tasks,target dates,and delivery of work products. C. Reporting Requirements The following reports shall be prepared by the Consultant and submitted to the City for approval: 1. U.S.EPA ACRES reporting system information updates for assessed sites. 2. Draft and final work plans (as applicable by work assignment). 3. Technical memoranda. D. Schedule of Work The City expects the Consultant to start work as soon as a contract is signed. The City anticipates all work will be completed on or before July 6,2017. 14 1 Page EXHIBIT B CONSULTANT'S PROPOSAL propo sat for BrownfietdsAssessment Public Involvement,Environmental Site Characterization,and Cleanup planning remedial planning can be completed at between 3-4 properties with a budget of$25,000, We have also included in our remedial planning budget$5,000 for market feasibility analysis at one property, Table 1 Comparison of Costs to Cooperative Agreement Work Plan Costs ProjectTask I • ` Reporting Communityk 3 • (includes !♦ • EngagementInventory Task and Task 1 from and/or « RFP Tasks RFP) • Characterization Con�re�tual � � � G Budget(excludes i ` reserved budget) $Q:;00 $15,000 tla $228,800 00 $30,000 00 ; $29,00q 00 Intro.Task $3,068A6 $3,068 06 ` Task 2 $15,000.00 $15,000.00 i.Task 3 - $20,000 q6� $2U,0 44 40 Task 4_ Phase I ESA $44,800 00 $44,840 00 Phase II ESA f. $140,000:00 l $140,000 00 1 Taste 5 , � $ 0,000 00 $81,000 QO L TOTAL $8,09794 $15,000.00 $204,80Q,00 $30,000 00 j $257,$97 94 ; Nei Differenc@ $BrQQI 94 $D 00 ($2 ,200 p0) $0 00 € (�?5,X02 06) i i i t I i l i P a 9 e- November 3,2014 AMSC Environment&Infrastructure 133 r �} CO W b O! 4 t d lfl d c`J O 4 O d CV W 4 Cf? 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ATTACHMENT D U.S. EPA WORK PLAN J BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT WORK PLAN FOR Tigard Brownfields Assessment Initiative July 16, 2014 Submitted by Sean Farrelly City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2420 (Phone Number) 503-718-2748 (Fax) Sean @tigard-or.gov www.tigard-or.gov City of Tigard, July 16, 2014 WORK PLAN FOR BROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT TABLE OF CONTENTS 1. INTRODUCTION.................................................................................................................. 2 1.1 PROJECT DESCRIPTION, GOALS AND OBJECTIVES...........................................2 1.2 ORGANIZATIONAL STRUCTURE AND Y2ESPONSIBILITIES...............................2 1.3 PROJECT OUTPUTS AND OUTCOMES.................................................................... 4 2. PROJECT TASK DESCRIPTIONS....................................................................................... 5 2.1 TASK I —PROJECT MANAGEMENT AND REPORTING....................................... 5 2.1.1 Project Management...... ....................................................................................... 5 2.1.2 Project Reporting—Periodic..................................................................................... 6 2.1.3 Staff Training/Travel ................................................................................................ 6 2.1.4 Contractor Procurement............................................................................................ 6 2.1.5 Final Performance Report......................................................................................... 7 2.2 TASK 2—PUBLIC INVOLVEMENT........................................................................... 7 'I 2.2.1 Public Outreach and Involvement............................................................................. 7 -2.2.2 Project Updates and Other Public Information......................................................... 7 2.3 TASK 3 -SITE INVENTORY AND/OR CHARACTERIZATION............................. 8 2.3.1 Site Inventory............................................................................................................ 8 2.3.2 Candidate Site Identification..................................................................................... 8 2.3.3 Site Characterization—Phase 1 Assessment............................................................. 8 2.3.4 Site Characterization—Phase 2 Assessment.............................................................9 2.3.5 ESA and NHPA requirements .................................................................................. 9 2.3.6 Quality Assurance Project Plan (QAPP) and Health and Safety Plan.................... 10 2.4 TASK 4 - CLEANUP PLANNING.............................................................................. 10 2.4.1 Analysis of Brownfields Cleanup Alternatives....................................................... 10 2.4.2 Final Cleanup Plan.................................................................................................. 10 3. SCHEDULE AND DELIVERABLES................................................................................. 11 4. BUDGET.............................................................................................................................. 12 4.1 TABLE(S)..................................................................................................................... 12 4.2 BUDGET NARRATIVE.............................................................................................. 13 1 City of Tigard, July 16, 2014 1. INTRODUCTION 1.1 PROJECT DESCRIPTION, GOALS AND OBJECTIVES The City of Tigard is undertaking a Brownfield Initiative to work with business and property owners who wish to redevelop or expand on properties that may be contaminated. The EPA grant funding will accelerate Tigard's goal of cleaning up contaminated land for redevelopment. The city will focus this resource on its downtown and sites within Tigard's 1,100 acres of industrial and employment land. Addressing brownfields is a key component of encouraging economic development and promoting public health. Brownfield redevelopment is necessary for Tigard to become a more livable, walkable and economically resilient community with fewer environmental health risks. EPA grant funding will allow the city to undertake an inventory of its industrial and employment areas,building on the inventory that was compiled for its downtown area. The grant will also fund environmental assessments and cleanup planning at targeted properties, including the properties of interested private sector owners or redevelopers, to ensure that contamination does not pose a barrier to productive reuse of the sites. It will also be used to support community planning to identify feasible uses of these sites, identify needed infrastructure upgrades or other improvements to support development, and build community support for redevelopment. The funding will also be used for a pilot project to assist the city in obtaining a Prospective Purchaser Agreement(PPA) through the Oregon Department of Environmental Quality. The PPA will facilitate the City's acquisition of a downtown property(which was ranked as a high priority during previous prioritization work). Once acquired the underutilized property would be cleaned-up and redeveloped into a public space and a catalytic mixed use development, which will be a substantial public benefit. 1.2 ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES The EPA Brownfields project will be supervised by Kenny Asher,the City's Community Development Director. Kenny has over 15 years of local government management experience. Sean Farrelly, the City's Redevelopment Project Manager,will provide day- to-day management of the project. He has eight years of community and economic development experience. He manages Tigard's downtown revitalization efforts and urban renewal budget. Sean will serve as a liaison between EPA Region-10 and Tigard, and will be responsible for assuring compliance with the administrative and reporting requirements of the agreement, including ACRES, outcomes and outputs. He will manage the community engagement activities associated with the grant, and will be responsible for hiring and managing paid consultants. Sean will be assisted by the following city staff: Lloyd Purdy, the Economic Development Manager, manages citywide economic programs and will assist with engaging property owners'of key industrial and employment sites. 2 City of Tigard, July 16, 2014 Toby LaFrance,the Finance Director, will oversee financial reporting and federal grant compliance under the Single Audit Act and OMB Circular A-133. Preston Beck, GIS Coordinator will assist with data and mapping for the grant funded inventory. Dan Olsen, the contract City Attorney, will provide legal expertise on public contracts, real estate transactions, litigation, and compliance. The Oregon Department of Environmental Quality(ODEQ) will assist will technical aspects of the grant including site eligibility, site assessments, and cleanup planning. Washington County Department of Health (WCDH) will help the city by building on their Oregon Health Authority(OHA)grant funded work on capacity building for public health involvement in Tigard brownfield and land revitalization efforts. The city may engage with the following community-based organizations on the project and seek their support in various ways for public involvement: • The Tigard Downtown Alliance, a non-profit representing downtown property owners,business owners, and residents advocating for downtown revitalization, will provide time at their meetings for project updates and co-host information sessions. • Business associations and business advocacy groups such as the Tigard Area Chamber of Commerce, the Westside Economic Alliance and the Hispanic Metropolitan Chamber may publicize the program and support the City's efforts to attract developers and businesses. • Non-profit organizations such as the Center for Intercultural Organizing and Groundwork Portland could ensure that the City's outreach is reaching all segments of the community. • The city will explore partnerships with Portland Community College and Oregon Tradeswomen,Inc. to provide internship,mentorship and workforce development in environmental jobs for students, women and residents of the target area. • Environmental organizations such as the Tualatin Riverkeepers may provide community involvement through outreach, event-hosting and dissemination of project information. • Community Partners for Affordable Housing will build community support and provide rooms for community meetings. The city intends to select an environmental contractor through a competitive Request for Proposal(RFP)process. The selected environmental contractor will conduct the inventory, and most assessment and cleanup planning activities for the project, including the preparation of required assessment and cleanup work plans and quality assurance project plans. Sean Farrelly will provide oversight of all work performed by the contractors. 3 City of Tigard, July 16, 2014 Organizational Chart Project Supervisors Marty Wine, City Manager Kenny Asher, Community Development Director Toby LaFrance, Finance Director Project Manager EPA Project Sean Farrelly Officer Mike Slater Environmental Assessment/ Technical Advisory Team Supporting Cleanup.Planning: Lloyd Purdy, Economic Development Government Agencies Environmental Contractors, Mgr. Oregon DEQ TBD Preston Beck, GIS Coordinator Washington County Property Owners Rebecca Wells-Albers, ODEQ Public Health Community Engagement Team Public Involvement Contractor, TBD Community Organizations Community Members 1.3 PROJECT OUTPUTS AND OUTCOMES The brownBelds project manager will be responsible for reporting and tracking outputs and outcomes in quarterly reports to EPA and will compare actual accomplishments to the listed outputs and outcomes. We will also report progress in EPA's Assessment, Cleanup, and Redevelopment Exchange System(ACRES)tracking system. Some outcomes will not be completed during the three-year grant cycle,however intermediate _ . .. outcomes will be reported during the grant cycle. By keeping track of outputs and outcomes, we will be able to keep the community better informed and provide EPA the data necessary to demonstrate that funds are being used as intended. If there is a lack of progress, actions will be taken to adjust the project. Outputs: • Completed Public Involvement Plan(PIP) • Map of Brownfields locations • Community meetings held 4 City of Tigard, July 16, 2014 • Number of property owners willing to participate in program • Completed inventory of area brownfields, suspected or confirmed • Number of Phase I assessments completed • Number of Phase II assessments completed • Funding leveraged through the redevelopment of properties • No further action determinations obtained • Outreach materials developed and distributed to the target communities regarding brownfields, including potential health impacts • Twelve_quarterly progress reports to EPA Region 10 • Prospective Purchaser Agreement completed for pilot project Outcomes (the result, effect, or consequence that will occur from carrying out the activities or outputs of the project. Outcomes maybe environmental,behavioral, health-related or programmatic; must be quantitative; and, may not necessarily be achievable during the project period.) • Support for the City's Strategic Plan and City Center Urban Renewal Plan objectives • Reduce risks to environmental health 'll • Increased property values and tax revenue • Increased redevelopment activity • Number of properties remediated and/or cleaned post-assessment 'I • Amount of funds leveraged • Acres of brownfield assessed • P public P of Number bNumuspaces created li i 2. PROJECT TASK DESCRIPTIONS 2.1 TASK 1 — PROJECT MANAGEMENT AND REPORTING 2.1.1 Project Management The objective of the project management task is to ensure efficient communication and delegation of duties. This task includes the management, implementation and execution of the grant as a whole. The project manager will be responsible for management of the primary functions of assessment, public outreach and education. The project manager will serve as a liaison between EPA Region 10 and Tigard, and will be responsible for assuring compliance with the administrative and reporting requirements of the cooperative agreement. The project manager will work with the EPA Project Officer to track the progress outputs and outcomes. The selected environmental consultant(s)will also be responsible for some project oversight and communication on sub-tasks related to inventory, site assessment, and cleanup planning. All grant activities will be performed in accordance with the terms and conditions outlined in Region 10 Fiscal Year 2013 Assessment Terms and Conditions (T&Cs). The project manager will work with the finance manager and staff to implement the terms and 5 City of Tigard, July 16, 2014 conditions for grant management. The City will be funding administrative costs directly and not with grant funds. 2.1.2 Project Reporting—Periodic The objective of the project reporting subtask is to ensure that the project is in compliance with all applicable regulations and that required quarterly progress reports are submitted to EPA in a timely manner. The project manager will be responsible for preparing the following periodic reports: • Quarterly Progress Reports due within 30 days of the end of each federal fiscal quarter ending December,March, June, and September. Disadvantaged Business Enterprises (DBE) Reports (formerly MBE/WBE) will be prepared and submitted semi-annually. 0 A Property Profile Form reporting the initiation of assessment activities. We will submit the updated Property Profile Form within 30 days after the end of the Federal fiscal quarter in which an assessment event occurs. • We will report the initiation and completion of assessment activities in the ACRES on-line reporting system. 2.1.3 Staff Training/Travel Plans for training/travel currently include the City's project manager's attendance of the national EPA Brownfields conference (if held) and up to three other national/regional, conferences related to brownfields redevelopment. The city will work with the EPA Project Officer to identify training opportunities. 2.1.4 Contractor Procurement After the grant award in October 2014 we plan to procure the primary contractor in accordance with all city contracting policies and procedures, and 40 CFR Part 31 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. The exception to this will be work to be completed for the pilot project,where the city has been working with a contractor that is on-retainer to the,city attorney. As this contractor has expertise and knowledge of the site, a sole-source contract justification will be submitted. The city intends to select one primary environmental contractor to conduct the site inventory and a majority of the environmental assessment and cleanup planning activities. for this project, as well as community engagement portions of this work plan. . , 1. :": _ , The city will issue a Request for Proposals (RFP) soliciting qualified contractors. The RFP will include the selection criteria and scoring procedure. A relevant team of staff> : will review the proposals and make a recommendation to the City's Local Contract Review Board(Tigard City Council),who approve contracts over$100,000. 6 City of Tigard, July I6,-2014 2.1.5 Final Performance Report The project manager will be responsible for submission of the Final Performance Report to close out the grant. The project manager will prepare a final performance report and submit it to our EPA Project Officer within 90 calendar days after the expiration or termination of the award. The report will contain the same information as the Quarterly Progress Reports,but also will cover the entire project period. In addition,the Final Performance Report will specifically address lessons learned by the city or our contractor(s) in implementing the Brownfields assessment and cleanup planning activities as well as successes achieved. The Final Performance Report will include a summary fact sheet for the project. 2.2 TASK 2 — PUBLIC INVOLVEMENT Tigard will actively engage residents,property owners,the business community, government agencies, and non-profit organizations, and other stakeholders in implementing its Public Involvement.Plan for the Brownfields Initiative. Participants will help the city decide how and where to focus EPA resources and help determine reuse options at the sites. A Community Engagement Team(CET)and Public Involvement Plan(PIP)will be developed by a contractor with coordination and oversight provided by the project manager. The project manager and CET will implement the PIP. 2.2.1 Public Outreach and Involvement We will prepare a Public Involvement Plan(PIP) after the environmental and public outreach contractors have been selected. The plan will detail the actions that will be taken to involve stakeholders in assessment and cleanup planning and decisions. The plan will also define outcomes and outputs for public outreach. The plan will designate a spokesperson, and describe the establishment of an information repository(IR) for public review of relevant documents. 2.2.2 Project Updates and Other Public Information City staff will regularly update the City Council, City Center Advisory Commission, Planning Commission, and other citizen groups at public meetings regularly throughout the project. Through the assistance of a contractor,neighborhood associations and other community organizations will be invited to participate in the public involvement process. General information and resources about brownfields will continue to be made available on the City's website as well as plain language fact sheets. All written outreach materials will be made available in English and Spanish (and other languages when appropriate). 7 City of Tigard, July 16, 2014 If cleanup planning activities lead to an ABCA(or equivalent)the city will comply with any required public comment period and summarize the comments and how they will be addressed in the Final Cleanup Plan. 2.3 TASK 3 - SITE INVENTORY AND/OR CHARACTERIZATION 2.3.1 Site Inventory Tigard will build on its existing GIS based Brownfields inventory of its downtown and update it throughout the City's industrial and employment land for both hazardous substances and petroleum sites. The project manager will manage the contractor to - .ensure the inventory is complete and to ensure there is proper public input. Existing information as well as information gathered through the public involvement meetings early in the process will be used to supplement the contractor-produced site inventory and prioritization plan. 2.3.2 Candidate Site Identification Site eligibility among the sites identified in the inventory will be verified with the EPA and Oregon DEQ. Phase I Environmental Site Assessments (ESAs)will be conducted on priority sites. The city will use the following, threshold criteria in addition to those weights and ranking inputs discussed with the community according to the Public --- - Involvement Plan: • Sites must be either abandoned or underutilized as well as meet the Site Eligibility requirements for brownfield grant projects in the Guidelines for Brownfields - - Assessment Grants; and • Sites are perceived as a threat to human health and the environment; and/or, • Sites are projected to significantly impact the community; with a good proposed beneficial reuse and expressed market interest; and/or, 0 Site redevelopment or reuse has the potential to contribute to the overall ------ redevelopment and revitalization of the community in line with the plans and adopted polices of the respective jurisdiction; and • Must have the commitment of the site owner to the brownfields redevelopment process, including for site access through an approved access agreement The Brownfields Project Team Coordinator will be responsible for ensuring all required property specific information is entered into the ACRES database, as described under Section 2.1.2 Project Reporting. Potentially contaminated downtown properties have been prioritized as part of previous work, and one of the highly ranked properties will be included in a pilot project to do ----------- assessment work and clean-up planning to obtain a Prospective Purchaser Agreement. 2.3.3 Site Characterization-Phase 1 Assessment Based on the results of the inventory and prioritization process, we will initiate and - - - complete up to 14 Phase I assessments (5 hazardous substances, 9 petroleum) on opportunity sites, estimated at$4,000 each. The assessments carried out under this agreement will be performed in accordance with EPA's standard for all appropriate 8 City of Tigard, July 16, 2014 inquiries. The sites will be verified with the EPA and Oregon DEQ prior to assessment. The information collected will be used to determine the top priority sites for the Phase II ESAs. The Brownfields project manager will coordinate the fieldwork with the contractor. The project manager will also ensure that all requirements relating to Endangered Species Act,National Historic Preservation Act, and Clean Water Act Section 404, is met by the contractors prior to commencement of fieldwork. 2.3.4 Site Characterization—Phase 2 Assessment The city anticipates conducting approximately five (5) Phase II ESAs under the Petroleum grant at an average cost of$19,000 apiece, and three (3)Phase II ESAs under the Hazardous Substance grant at an average cost of$19,000 each, subject to change as more is discovered through Phase I assessments. We will re-use the candidate site identification prioritization and selection criteria, which will be reviewed, added to, subtracted from, and weighted during the Community Engagement Process outlined in the upcoming Public Improvement Plan(PIP). The selected environmental contractor will prepare a Quality Assurance Project Plan (QAPP), a Health and Safety Plan(HASP), and a Sampling and Analysis Plan(SAP) for each site where a Phase II ESA will be performed. These plans will identify and e to assure that the overall project will be implemented establish practices and procedures p � P in a manner that provides acceptable,useable results according to the US EPA guidelines and recommendations. The plans will be submitted to the EPA and Oregon DEQ for review and approval prior to performance of any sampling. A copy of each plan will be a inserted into the Cooperative Agreement Work Plan. Environmental assessments under this project will be conducted by qualified contractors II and in accordance with the EPA's All Appropriate Inquiries Final Rule. For the pilot project, a scope of work required by ODEQ for the PPA will include remedial investigation(including sediment and pore water testing), complete screening- level risk assessment and developing a conceptual site model(CSM). Pre-award cost reimbursement is requested for this task. 2.3.5 ESA and NHPA requirements All project activities are to be conducted in full compliance with the Endangered Species Act (ESA) and National Historic Preservation Act(NHPA). The project manager shall be responsible for providing the EPA's Project Officer all of the necessary documentation to expedite review under ESA and NHPA if required at any time during this project. This information includes,but is not limited to, location of project activities, any threatened or endangered species or habitat which may be affected by the project,whether a site is considered to be of concern by the State Historic Preservation Officer, a list of Tribes who may believe the site or project could disturb cultural resources, and an evaluation as to whether project plans could have adverse effects on endangered species or historic and cultural resources. The contractor will be required to contact local Tribes before digging, sampling, or performing other Phase II assessment work. 9 City of Tigard, July 16, 2014 2.3.6 Quality Assurance Project Plan (QAPP) and Health and Safety Plan Sampling activity funded by this project is to be done in compliance EPA's requirements for a site specific Quality Assurance Project Plan(QAPP) and an OSHA compliant Health and Safety Plan(HASP). QAPPs must be prepared and submitted to EPA for review and approved before any sampling work commences. The City's selected environmental contractor(s) shall have the lead responsibility for preparing required QAPP or Health Safety Plan documents and submitting QAPPs to the EPA review. The expenses for preparing any required QAPP or Health Safety Plan is included in the budget for the Phase II Assessment subtask 2.4 TASK 4 - CLEANUP PLANNING 2.4.1 Analysis of Brownfields Cleanup Alternatives For a limited number of properties,the city will ask the contractor to prepare an Analysis of Brownfields Cleanup Alternatives (ABCA) describing the Endings of the assessment phases and presenting an evaluation of cleanup alternatives. This will be submitted to the Oregon DEQ for review and approval. The ABCA will summarize information about the site and contamination including, but not limited to, exposure pathways, identification of contaminants; contaminant levels and contaminant sources, sources volume or other estimates as needed; cleanup standards; applicable laws; alternatives considered(at least two, evaluated in terms of effectiveness, ability to implement and cost); and the proposed cleanup plan. The proposed cleanup plan will include the cleanup standards to be achieved and any institutional, land use, or engineering.controls that will be required as part of the cleanup. The plan will be forwarded to the Oregon DEQ to ensure it will be acceptable to the State of Oregon. For the pilot project,Analysis of Brownfields Cleanup Alternatives, remediation planning and design, and a contaminated media management plan(CMMP) as well as ODEQ oversight will be undertaken are included in this task. Pre-award cost reimbursement is requested for this task. 2.4.2 Final Cleanup Plan After the Public Notice and comment period on the ABCA, the city will document any significant comments received and how they were/are being responded to (such as any changes in the cleanup plan) and the Final Cleanup Plan to be implemented with federal funds. The Final Cleanup Plan will include the cleanup standards to be achieved and any institutional, land use or engineering controls that will be required as part of the cleanup. This document will be submitted to the ODEQ project manager for concurrence that the Cleanup Plan can be expected to meet State cleanup requirements. 10 City of Tigard,July 16, 2014 3. SCHEDULE AND DELIVERABLES The schedule below is expected to commence on July 7, 2014 to undertake pilot project tasks. The rest of the grant funded activities will commence after the final agreement is received from the EPA on our submitted workplan and application. DUE''DATE W y ITEM Send to qm 110 777 71-Aws tt EPAO STATS , EPA r CEPA arded 7/7/14) -H i— UK Ed" _ g � GRAtTS TINAl\fCE — _ Month 1 Pilot project assessments and clean-up X planning I Month 1 Sole-sourcing justification for pilot project Month 4 Request for Proposals for X Environmental and Public Involvement Contractor Month 5 Contractor Selection Process X Completed, Contract Executed 1 Month 6 Public Involvement Plan(PIP) X Month 6 Fact sheet-project starting X Month 7 Public Meeting—Kick off X X Month 8 Inventory developed&Site Selection X Criteria set Month 9 Priority sites selected X X Ongoing Property Profile Form entered in X ACRES or submitted to PO Ongoing-At Site eligibility requested&confirmed X X least 30 days (for petroleum include State) before assessment is scheduled to begin Before QAPP/Health and Safety Plan X fieldwork begins Before field ESA/NHPA letter X work.begins Ongoing Site Assessments Begin Every three Quarterly Progress Report(QPR) X months 11 City of Tigard, July 16, 2014 DUE DATE IT (for awarded_?/7/14) _ EPA PO STATE EPA 09 — EPA ' = GRANTS FINANCE 39 DBE Report X(copy) X (DBE=Disadvantaged Business Enterprises) Reports must be submitted semiannually for periods ending March 31"and September 30`' Reports are due within 30 days of the end of the semiannual reporting periods(by April 30`h and October 30") For forms&more information,visit: hqp://www.epa.gov/osdbu/dbe team.htm As Needed Requests for Reimbursement—see X Administrative Terms&Conditions Month 36 Fact Sheet-Assessment results X Months 36—39 Final Federal Financial Report(FFR) X(copy) X(copy) X (SF425)&Final Drawdown For forms&more information,visit: http://www.epa.gov/ocfo/finservices/forins.htm Months 36—39 Closeout: Final Performance Report X with Summary Fact Sheet,Photos, and Lessons Learned 4. BUDGET 4.1 TABLE(S) Sample Pro'ect Budget Table—Hazardous Substances Task 1 Task 2 Task 3 Task 4 _ Project Community Site Inventory& Cleanup&Reuse Budget Management& Engagement Characterization Planning Category Budget Category Reporting Total Personnel $12,675 $ 0 $ 0 $0 $12,675 Fringe Benefits $ 6,825 $ 0 $ 0 $ 0 $ 6,825 Travel $2,000 $ 0 $ 0 $0 $ 2,000 Equipment $ 0 $ 0 $0 $0 $0 Supplies $0 $ 500 $0 $0 $500 Contractual $0 $12,500 $120,000 $36,000 $168,500 State Oversight $ 0 $ 0 $ 6,000 $3,000 $9,000 Costs Meeting Expenses $500 $500 Total $21,500 $13,500 $126,000 $39,000 $200,000. Hazardous Substances Budget Total: $200,000 12 City of Tigard,July 16, 2014 Sam le Project Budget Table—Petroleum Task 1 Task 2 Task 3 Task 4 Project Community Site Inventory& Cleanup&Reuse Budget Management& Engagement Characterization Planning Category Budget Category Re orting Total Personnel $12,675 $0 $0 $0 $12,675 Fringe Benefits $ 6,825 $ 0 $0 $ 0 $ 6,825 Travel $2,000 $ 0 $0 $ 0 $ 2,000 Equipment $0 $ 0 $0 $ 0 $0 Supplies $0 $500 $0 $0 $500 Contractual $0 $12,500 $141,000 $20,000 $173,500 State Oversight $0 $0 $4,000 $4,000 Costs Meeting Expenses $500 $500 Total $21,500 $13,500 $145,000 $20,000 $200,000 Petroleum Budget Total: $200,000 4.2 BUDGET NARRATIVE The total EPA funded budget for this project is $400,000, comprised of$200,000 from the petroleum budget and$200,00.0 from the hazardous substances budget. The real cost of the project is significantly higher,but much of the personnel time will be funded by the City's general fund. Contracts for community involvement, environmental site assessments,and cleanup and reuse planning will account for 85.5 percent of funds spent in both hazardous waste and petroleum budgets $342,000. 9.75 percent of federal funds will go toward personnel costs and fringe benefits, or$39,000. 3.25 percent of federal funds is estimated for state oversight costs, or$13,000. The remaining$6,000 (1.5 percent of federal funds) is budgeted for travel, supplies, printing, and meeting expenses. Total Proposed Assessments • Approximately 14 Phase I * $4,000 per assessment=$56,000 • Approximately 8 Phase II * $19,000 per assessment=$152,000 • Pilot Project Assessment tasks: remedial investigation(including sediment and pore water testing), complete screening-level risk assessment and developing a conceptual site model (CSM): $33,000 • Approximate total: Approximately$56,000 for 14 Phase I's +$152,000 for approximately 8 Phase II's+ $33,000 for Pilot Project=$241,000 for contractual assessment. • Assessment review assistance and oversight from ODEQ at$10,000. 13 City of Tigard, July 16, 2014 Task Descriptions Task 1 -Project Management and Reporting: The project management task will be ongoing throughout the duration of the project, and will routinely draw from the up to $25,350 allocated for personnel and$13,650 for benefits. The majority of project management funds are to be used for compensation of Redevelopment Project Manager, Sean Farrelly who will be the project manager,who has an hourly rate of$35.30/per hour. The fringe benefit rate of$19.63/hour includes retirement,worker's compensation, TriMet tax, life, and dental and medical insurance. Tasks include the management, implementation and execution of the grant. Funding will support project manager labor as liaison between EPA Region 10 and Tigard and assuring compliance with requirements of the cooperative agreement. The task includes 12 quarterly, 2 annual, 1 closeout reports and ACRES reporting. A total of$4,000 is budgeted for travel expenses to conferences. The budget is based on$1,900 to attend the EPA's National Brownfields Conference($900 for round trip airfare, $475 for lodging, $200 for registration, $100 for local transportation and$225 for meals,based on the Federal per diem rates) and$2,100 to attend up to three additional regional or west coast conferences on brownfield redevelopment related topics over the course of the project period. Task 2-Community Engagement: The EPA funded budget for the Public Involvement phase of this project is approximately $27,000. $15,000 is allocated for contractor services (estimated at $120/hour) to develop the Public Involvement Plan,produce outreach materials, facilitate social media and online engagement, and plan and facilitate at least two public forums on brownfield issues. An additional $10,000 is reserved for assistance from community outreach partners. Non-profit partners will be contracted to assist with development of a comprehensive outreach strategy; identify and understand community concerns; and develop and translate outreach materials. $2,000 has been allocated for materials production, public meeting costs excluding food, and meeting translation services. - - Schedule of Planned Activities - Community Involvement Activities Deliverables To Be Completed B Conduct two community forums Attendee list, meeting materials June 30, 2014. to publicize the Brownfields and summaries Initiative program and goals and gather community input. Hold Community Engagement Fact sheets and other outreach Will continue Team meetings,post notices, materials on the assessment throughout project. develop and distribute program, attendee list,meeting informational sheets, online and summaries social media information. 14 City of Tigard,July 16, 2014 Task 3—Site Assessments: The budget for Site Inventory and/or Characterization for both petroleum and hazardous substances is $271,000. Tigard will build on its existing GIS based Brownfields inventory and update it throughout the city at an estimated cost of$20,000. Through existing data and information gathered through public outreach, a shared GIS database will be developed. As the primary tasks for site inventory,the city will oversee a contractor, making sure that the appropriate site information is provided to EPA, ODEQ, and the public when appropriate. A contractor will be hired to help assemble the inventory, which will be ranked by criteria drawn up as part of Community Engagement. Based on the results of the inventory and prioritization process, we will initiate and complete up to 14 Phase I assessments (5 hazardous substances, 9 petroleum)on opportunity sites, estimated at$4,000 each. The city also plans to conduct up to 8 Phase II assessments (3 hazardous substances, 5 petroleum) on high priority sites, estimated at$19,000 each. These activities will be conducted by qualified environmental professionals. The cost estimate is based on an average of contract costs experienced by other communities doing brownfields work in the area. Phase I assessments will be done in accordance with EPA's All Appropriate Inquiry rule guidelines. Phase II assessment costs vary depending upon site specific conditions but generally include a site sampling plan, quality assurance project plan, sample collection, laboratory analysis of soil and water samples, data review and report preparation. To the extent that actual costs vary from the budget, the number of assessments will be revised over the term of this project. j As part of the pilot project,remedial investigation, complete screening-level risk assessment and development of conceptual site model (CSM) will be undertaken at an estimated cost of$33,000. Pre-award cost reimbursement is requested for this task. In addition, $10,000 has been budgeted for technical assistance and oversight from ODEQ. This allow 58 hours to be billed f 1 2/hour which would a w E billing rate o 7 amount is based on an OD $ amou Q g for oversight of site assessments. Task 4—Cleanup and Reuse Planning: Cleanup and reuse plans, at an estimated cost of $36,000 hazardous substance and$20,000 petroleum, will be developed by qualified environmental professionals and real estate economics experts, with input from the community. These planning activities will include the consideration of which reuse options and feasible economic approaches are consistent with the public health and environmental objectives at these sites, as well as remediation investigation and planning. The hazardous substance budget includes tasks that are part of the pilot project(the prospective purchaser agreement that the city is working on with ODEQ). Tasks include an Analysis of Brownfields Cleanup Alternatives, remediation planning and design, and a contaminated media management plan(CMMP). $3,000 is allocated for ODEQ oversight. This amount is based on an ODEQ billing rate of$172/hour which would allow 17 hours to be billed for oversight of hazardous substances cleanup planning. Pre-award cost reimbursement is requested for this task. 15 ATTACHMENT E COOPERATIVE AGREEMENT WITH U.S. EPA BF-OOJ92601 -0 Page 1 GRANT NUMBER(FAIN): OOJ92601 o SF MODIFICATION NUMBER: 0 DATE OF AWARD U.S. ENVIRONMENTAL +t, PROGRAM CODE: BF 08/19/2014 PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 08/26/2014 Cooperative Agreement PAYMENT METHOD: ACH# +' PEND fr 44 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center FAX#702-798-2423 RECIPIENT: PAYEE: City of Tigard City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard,OR 97223-8167 Tigard,OR 97223-8167 . EIN: 93-0503940 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Sean Farrelly Mike Slater Joanne Brendle 13125 SW Hall Boulevard 805 SW Broadway,Suite 500 1200 Sixth Avenue,Suite 900,OMP-173 Tigard,OR 97223-8167 Portland,OR 97205 Seattle,WA 98101 E-Mail: sean@tigard-or.gov E-Mail: Slater.Mike@epamail.epa.gov E-Mail: Brendle.Joanne@epa.gov Phone:503-718-2420 Phone:503-326-5872 Phone:206-553-6385 PROJECT TITLE AND DESCRIPTION City of Tigard Brownfields This project provides funding for the City of Tigard to inventory,characterize,assess,and conduct cleanup planning and community involvement related activities for Brownfields sites in the city. The project includes both hazardous substance and petroleum impacted properties. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 07/07/2014 - 07/06/2017 07/07/2014 07/06/2017 $400,000.00 $400,000.00 NOTICE OF AWARD Based on your Application dated 07/02/2014 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$400,000. EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding' total federal funding of$400,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date, In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA statutory provisions.The applicable regulatory provisions are 40 CFR Chapter 1,Subchapter B,and all terms and conditions of this agreement and any attachments, ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS EPA Region 10 U.S. EPA, Region 10 Mail Code:OMP-173 Office of Environmental Cleanup 1200 Sixth Avenue,Suite 900 1200 Sixth Avenue,Suite 900 Seattle,WA 98101 Seattle,WA 98101 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Russell Harmon-Acting Manager-Grants and Interagency Agreements Unit DATE 08/19/2014 EPA Funding Information BF OOJ92601 0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $400,000 $400,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $400,000 $400,000 Assistance Program(CFDA) Statutory Authority Regulatory Authority -- 66,818-Brownfields Assessment and Cleanup CERCLA:Sec. 104(k)(2) 40 CFR PART 31 Cooperative Agreements Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation 141ONEGO34 14 E4 101\13AG 301 D79XBP 4114 GOOOOR00 200,000 1410NEGO34 14 E4 1ON3AG7 301 D79 4114 GOOONYOO 200,000 400,000 BF-OOJ92601 0 Page 3 Bud et Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $30,000 2.Fringe Benefits $9,000 3.Travel $4,000 4.Equipment $0 5.Supplies $1,000 6.Contractual $342,000 7.Construction $0 8.Other $14,000 9.Total Direct Charges $400,000 10.Indirect Costs: % Base $0 11.Total(Share: Recipient 0.00% Federal 100.00%.) $400,000 12.Total Approved Assistance Amount $400,000 13.Program Income $0 14.Total EPA Amount Awarded This Action $400,000 15.Total EPA Amount Awarded To Date $400,000 ,I, BF-OOJ92601 -0 Page 4 Administrative Conditions 1. Payment Methods a. The Debt Collection Improvement Act of 1996 requires that Federal payments be made by electronic funds transfer. In order to comply with the Act, a recipient must receive payments via one of two electronic methods available to them: Automated Standard Application for Payments (ASAP) The ASAP system is the preferred method of payment for EPA grantees. ASAP enrollment is highly encouraged for organizations that have multiple grants/cooperative agreements and for those with a frequent need to request funds. If your organization uses multiple bank accounts for EPA grants/cooperative agreements, you must enroll in ASAP. If you are interested in receiving funds electronically via ASAP, please complete the ASAP Initiate Enrollment form located at _ http://www.epa.gov/ocfo/finservices/forms.htm and email it to LVFC-grants@epa.gov or fax it to-LVFC at 702-798-2423 Under this payment mechanism, the Recipient initiates,via ASAP, an electronic payment request which is approved or rejected based on the amount of available funds authorized by EPA in the Recipient's account. Approved funds are credited to the recipient organization at the financial institution identified on the recipient's ASAP enrollment application. Additional information concerning ASAP and enrollment can be obtained by contacting the EPA Las Vegas Finance Center, at(702) 798-2485, or by visiting www.fms.treas.aov/asap Electronic Funds Transfer(EFT) Under this payment mechanism, the EPA Las Vegas Finance Center will obtain your organization's banking information from your System for Award Management (SAM) registration. Upon completion of required Regional training, a Las Vegas Finance Center Representative will send you an email message with your EFT Control Number and payment information. Additional information concerning EFT can be obtained by contacting the EPA Las Vegas Finance Center at (702) 798-2485, or by visiting http://www.epa.ciov/ocfo/finservices/payinfo.htm NOTE: If your banking information is not correct or changes at any time prior to the end of your agreement, please update your SAM registration and notify the EPA Las Vegas Finance Center as soon as possible so the new banking information can be retrieved. This is vital to ensure proper and timely deposit of funds. b. In accepting this assistance agreement,the recipient agrees to draw cash only as needed for its disbursement. Failure on the part of the recipient to comply with this condition may cause the undisbursed portions of the assistance agreement to be revoked and financing method changed to a reimbursable - basis. 2. Cost Principles/Indirect Costs Not Included(All Organizations) The cost principles of OMB Circular A-21, "Cost Principles for Educational Institutions," relocated7 to 2 CFR Part 220, OMB Circular A-87, "State, Local or Indian Tribal Governments," relocated to 2 CFR Part 225, or OMB Circular A-122, "Cost Principles for Non-Profit Organizations," relocated to 2 CFR Part 230; are applicable, as appropriate,to this award. Since there are no indirect costs included in the assistance budget,they are not allowable under this Assistance Agreement. 3. Federal Financial Report(FFR) Recipients shall submit final Federal Financial Reports (FFR), Standard Form 425 (SF-425), to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at http://www.epa.qov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC,4220 S. Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or.by.FAXto: v 702-798-2423. The LVFC will make adjustments, as necessary,to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 CFR 30.62 and 40 CFR 31.43 if the recipient does not comply with this term and condition. 4. Audit Requirements In accordance with OMB Circular A-133, which implements the Single Audit Act,the recipient hereby agrees to obtain a single audit from an independent auditor, if it expends$500,000 or more in total Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor,the recipient shall submit the SF-SAC and a Single Audit Report Package. The recipient MUST submit the SF-SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete information on how to accomplish the single audit submissions,you will need to visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. 5. Hotel-Motel Fire Safety Act Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a,the recipient agrees to ensure that all space j for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 101-391, as '! amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 6. Recycled Paper INSTITUTIONS OF HIGHER EDUCATION HOSPITALS AND NON-PROFIT ORGANIZATIONS: In accordance with 40 CFR 30.16,the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. STATE AGENCIES AND POLITICAL SUBDIVISIONS: In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION AND NON-PROFIT ORGANIZATIONS: In accordance with 40 CFR 30.16,State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. STATE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS: In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. 7. Lobbying ALL RECIPIENTS: The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such expenditure. PART 30 RECIPIENTS: All contracts awarded by a recipient shall contain,when applicable,the anti-lobbying provision as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. 8. Lobbying and Litigation ALL RECIPIENTS: The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against - the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular(A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 9. Suspension and Debarment Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions,"includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 10. Drug-Free Workplace Certification for all EPA Recipients The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations,the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at http://ectr.gpoaccess.gov. 11. Management Fees Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges"refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 12. Reimbursement Limitation If the recipient expends more than the amount of federal funding in its EPA approved budget in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse the recipient for costs incurred in excess of the EPA approved budget. 13. Trafficking in Persons a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' - employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect;or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award,without penalty, if you or a subrecipient that is a private entity— i. Is determined to have violated a prohibition in paragraph a.1 of this award term;or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— A. Associated with performance under this award;or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"as implemented by our Agency at 2 CFR 1532. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term;or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award;or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR 1532 c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3.You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 14. Trafficking Victim Protection Act of 2000(TVPA) as Amended. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or(2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award;or(b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"as implemented by our agency at 2 CFR part 1532: You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)))- and 104(8));and (2) is in addition to all other remedies for noncompliance that are available to us under this award.' c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement- You as the recipient, your employees, subrecipients under this award, and subrecipients'employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect;procure a commercial sex act during the period of time that the award is in - effect;or use forced labor in the performance of the award or subawards under the award. - - 15. DUNS and CCR Requirements A. Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your - information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity(see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1. Central Contractor Registration (CCR)/System for Award Management (SAM)._means_the Federal_. repository into which an entity must provide information required for the conduct of business as,a recipient. Additional information about registration procedures may be found at the System for Award Management (SAM) Internet site http://www.sam.gov. 2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and a e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. --.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award;and b. Is accountable to you for the use of the Federal funds provided by the subaward. 16. Subaward Reporting and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity(see definitions in paragraph a of this award term). 2. Where and when to report. ji. You must report each obligating action described in paragraph a.i.of this award term to www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. ('For example, if the obligation was made on November 7, 2010,the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission 'I instructions posted at www.fsrs.gov specify. b, Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report.You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if– i. the total Federal funding authorized to date under this award is$25,000 or more; H. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards);and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report.You must report executive total compensation described in paragraph b.1. of this award term: I. As part of your registration Central Contractor Registration/System for Award Management profile available at www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d.,of this award term, for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if– i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomr).htm,) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.i. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income,from all sources, under$300,000, you are exempt from the requirements to report: i. subawards, and ii, the total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization,which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; - v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the. project or program (for further explanation, see Sec. --.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). M. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the- recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans . This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments,value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds$10,000. 17. CIVIL RIGHTS OBLIGATIONS GENERAL This term and condition incorporates by reference the signed assurance provided by the recipient's Report for All "Preaward Compliance Review e o t authorized representative on: 1) EPA Form 4700-4, ea p p Applicants and Recipients Requesting EPA Financial Assistance";and 2) Standard Form 424B or Standard Form 424D, as applicable. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. STATUTORY REQUIREMENTS In carrying out this agreement,the recipient must comply with: IIS • Title VI of the Civil Rights Act of 1964,which prohibits discrimination based on race, color, and national origin, including limited English proficiency(LEP), by entities receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973,which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and • The Age Discrimination Act of 1975,which prohibits age discrimination by entities receiving Federal financial assistance. If the recipient is conducting an education program under this agreement, it must also comply with: • Title IX of the Education Amendments of 1972,which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. If this agreement is funded with financial assistance under the Clean Water Act(CWA), the recipient must also comply with: • Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities. REGULATORY REQUIREMENTS The recipient agrees to comply with all applicable EPA civil rights regulations, including: • For Title IX obligations, 40 C.F.R. Part 5; and • For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7. • As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of non-discrimination. TITLE VI—LEP, Public Participation and Affirmative Compliance Obligation • As a recipient of EPA financial assistance,you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled"Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebpate.access.gpo.pov/cpi-bin/petdoc.cpi?dbname=2004 register&docid=fr25in04-79 pd ._ • If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocket.access.gpo.gov/2006/pdf/06-2691.pdf. • In accepting this assistance agreement,the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. 18. Disadvantaged Business Enterprise Requirements General Compliance,40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. SIX GOOD FAITH EFFORTS,40 CFR, Part 33,Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to - require that sub-recipients, loan recipients, and prime contractors also comply. http://www.epa.aov/osbp/dbe efforts.htm). Records documenting compliance with the six good faith efforts shall be retained. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES MBE/WBE REPORTING,40 CFR, Part 33, Subpart E In accordance with the deviation from 40 CFR §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions is met: (a)there are any funds budgeted in the contractual/services, equipment or construction lines of the award; (b) $3,000 or more is included for supplies;or (c)there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items (a) and (b). When completing the form, recipients should disregard the quarterly and semi-annual boxes in the reporting period section 1 B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period,whichever comes first. The reporting requirement is based on planned procurements. Recipients with funds budgeted for non-supply procurement and/or$3,000 or more e m supplies are required to report annually whether the . - �,•.-� :_ planned procurements take place during the reporting period or not. If no procurements take place during e. the reporting period,the recipient should check the box in section 5B when completing the form: MBE/WBE reports should be sent to the DBE Coordinator in your region. Contact information can be found at http://www.epa.gov/osbp/contactpacie.htm. The coordinators can also answer any questions you may have. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, you must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.aov�/osbp/dbe reporting.htm. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR,Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b)and(c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. 1. For Grant Awards of$250,000 or Less FAIR SHARE OBJECTIVES,40 CFR, Part 33,Subpart D If the assistance agreement award amount is$250,000 or less; or the total dollar amount of all of the recipient's financial assistance agreements from EPA in the current Federal fiscal year is$250,000 or less, the recipient of this assistance agreement is exempt from the fair share objective requirements of 40 CFR, Part 33, Subpart D, and is not required to negotiate a fair share objective/goal for the utilization of MBE/WBEs in its procurements. 2.-_ For GrantAwardsof More Than $250,000 Current Fair Share Objective/Goal If the dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is more than$250,000,the recipient is required to negotiate MBE/WBE fair share objectives/goals with EPA. By accepting this agreement, the recipient is agreeing to accept their residential sate's fair share goals and attesting that it is purchasing the same or similar construction, supplies, services and equipment in the same or similar relevant geographic buying market as the entity whose goals are being adopted. Current regional and state negotiated goals can be found at http://www.epa.clov/osbp/dbe fair.htm. If the recipient elects to negotiate its own fair share objectives/goals, please contact your regional MBE/WBE Coordinator within 30 days of the start of the agreement for further instructions. 3. For DWSRF CWSRF and BROWNFIELDS RLF Recipients Only V Objective/Goals of Loan Recipients As a recipient of an EPA financial assistance agreement to capitalize revolving loan funds, the recipient agrees to either apply its own fair share objectives negotiated with EPA to identified loans using a substantially similar relevant geographic market, or negotiate separate fair share objectives with its identified loan recipients. These separate objectives/goals must be based on demonstrable evidence of the availability of MBEs and WBEs in accordance with 40 CFR, Part 33, Subpart D. The recipient agrees that if procurements will occur over more than one year,the recipient may choose to apply the fair share objective in place either for the year in which the identified loan is awarded or for the year in which the procurement action occurs. The recipient must specify this choice in the financial assistance agreement, or incorporate it by reference therein. R10 DBE Coordinator Greg Luchey at(206) 553-2967; Email:Luchey.Greg(a)epa.gov. Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200 Sixth Avenue, Suite 900,OMP-173, Seattle,WA 98101 or FAX to (206) 553-4957. 19. Payment to Consultants EPA participation in the salary rate(excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j), as applicable, for additional information. As of January 1, 2014, the limit is$602.24 per day$75.28 per hour. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select"Salary and Wages", and select "Rates of Pay for the Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. - - Programmatic Conditions Region 10 - FY14 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)(1)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 2014 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. 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_workplan,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. 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. ll. 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. 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 11.6.1.,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 2 CFR Part 225 (for state, local and tribal governments) as applicable. 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. 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. CABs 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. 6. Competency of Organizations Generating Environmental Measurement Data: In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements,the CAR agrees, by entering into this agreement,that it has demonstrated competency prior to award, or alternatively,where a pre-award demonstration of competency is not practicable, the CAR agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. The CAR shall maintain 'll competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at http://www.epa.gov/fem/lab comp.htm or a copy may also be requested by contacting the EPA project officer for this award. D. Quarterly Progress Reports i 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. 'i 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. e. Recipient quarterly reports must clearly identify which activities performed during the reporting period were undertaken with EPA funds, and must relate EPA-funded activities to the objectives and milestones agreed upon in the work plan including a list of sites where assessment activities were completed. To the extent consistent with the EPA approved work plan for this agreement, activities undertaken with EPA funds to be included in quarterly performance and financial reporting may include: I. Action Start Date (interim measure to show grant progress) ii. Acres per property iii. Assessments completed iv. Whether cleanup is required v. Types of contaminants found vi. Acres of greenspace planned/created vii. Engineering/institutional controls required, what type and whether they are in place viii. Cleanup plans developed ix. Redevelopment underway x. Funds leveraged A. Jobs leveraged xii. Health monitoring studies, insurance, institutional controls funded xiii. Lessons learned during planning and implementation;summary of project xiv. Photos of events and sites worked on, including before and after. f. Documentation of the best efforts to identify and use clean diesel technologies, clean fuels, and/or other diesel emissions reductions practices. - g. When considering approaches to the assessment and cleanup of properties EPA's recommendation of best practices should be implemented whenever possible. i. Use energy efficient equipment to minimize energy consumption and use cleaner fuels to power machinery and auxiliary equipment. ii. Minimize the generation of greenhouse gases by minimizing the generation and transport of airborne contaminants and dust. iii. Minimize water use and impacts to water resources and employ best management practices for storm water. 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 workplan. - 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 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. The final report is due within 90 days of the end of the project period. Refer to section II.D.quarterly reporting for additional types of information to include. 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. 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 I h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 'i 2. Under CERCLA§ 104(k)(4)(B), administrative costs are prohibited costs under this agreement. I 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; (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 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. - - Competency of Organizations Generating and/or Using Environmental Measurement Data: In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generatina Environmental Measurement Data under Agency-Funded Assistance Agreements, recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at http://www.epa.gov/fem/lab comp.htm or a copy may also be requested by. contacting the EPA Project Officer for this award. Federal Assistance Agreement Funds Up To$200,000 Recipient agrees that if the total federal funding obligated on this award exceeds$200,000 (resulting from subsequent amendments to this agreement) and will involve the use or generation of - environmental data it will (unless it has otherwise done so)demonstrate competency prior to carrying out any activities involving the generation or use of environmental data under this agreement. Federal Assistance Agreement Funds Exceed or Expect to Exceed$200,000 Recipient agrees, by entering into this agreement,that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable. Recipient agrees to submit documentation and demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. R10 Quality Assurance Team Contact: Gina Grepo-Grove, Quality Assurance Manager, at(206) 553-1632 or email: Grepo-Grove.Gina@epa.gov. C. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EPA approved workplan. 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 i Environmental Site Assessment: practices in ASTM standard E1527-13 Standard Practices for Environmen Phase I Environmental Site Assessment Process,"or EPA's All Appropriate Inquiries Final Rule "All Appropriate Inquiries Rule: Reporting Requirements Checklist for Assessment Grant Recipients", (Publication Number: EPA 560-R-11-030). 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 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: (l, We]declare that, to the best of[my, our]professional knowledge and belief,[l, 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.[l, 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 1527-13). 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, (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: US EPA, Las Vegas Finance Center 4220 S. Maryland Pkwy, Bld C, Rm 503 Las Vegas, NV 89119 Fax: (702) 798-2423 http://www.epa.gov/ocfo/finservices/payinfo.html 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. - END OF DOCUMENT-