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HomeMy WebLinkAbout10-01-18 City Commission Packet Materials - C3. PSA with Ayres Associates for EPA Brownfield Community Grant Application Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Urban Renewal Program Manager, Economic Development Department SUBJECT: Professional Services Agreement with Ayres Associates for EPA Brownfield Community Wide Assessment Grant Application MEETING DATE: October 1, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to Sign the Professional Services Agreement. BACKGROUND: EPA Brownfield Community Wide Assessment Grants allow the use of grant funds for redevelopment planning efforts. These planning efforts minimize developer risk by conducting due diligence activities in advance, and allow for “planning for other comprehensive issues impacting the City including infrastructure planning efforts, future greenways and public gathering spots, retail and housing opportunities, and place-making opportunities to link adjacent neighborhoods to core businesses and services.” The application will feature the Midtown area, but grant funds may be used at high-value sites around the community including Idaho Pole, South Wallace. FISCAL EFFECTS: The cost of the grant writing assistance is $4950, which is being funded from the Economic Development Department budget for Fiscal Year 2019. If the City of Bozeman receives a grant, the City will not be required to supply matching funds. The City will be required to “identify other leveraged funding sources or potential sources of funding for completion of related development projects conducted with use of the EPA Assessment funding, including other State infrastructure and/or redevelopment grants and/or in-kind labor and expense that the City will expend in 17 working on this redevelopment initiative. Grant awards are up to $300,000 in potential funding. ATTACHMENTS: Ayres Associates proposal letter Professional Services Agreement Scope of Services (Attachment “A”) 18 File: h:\aa scotts folders\aa grants\bf grants\bf grants\bozeman, mt\bozeman mt epa grant proposal.docx 214 W. Lincolnway, Suite 22 ● Cheyenne, WY 82001 307.634.9888 ● Fax: 307.634.2353 ● www.AyresAssociates.com September 18, 2018 Brit Fontenot City Economic Development Director 121 N. Rouse Avenue PO Box 1230 Bozeman, MT 59771 Via email: bfontenot@bozeman.net Re: Proposal for EPA Brownfield Community Wide Assessment Grant Application City of Bozeman, MT 59715 Dear Mr. Fontenot: Based upon our previous conversation with you about pursuing United States Environmental Protection Agency (EPA) Brownfield Assessment Grants, we have prepared this proposal outlining our professional services involving preparation of a Community-Wide Brownfield Assessment Grant application to the U.S. EPA. Under cover of this letter, we have included our scope of services, time schedule, and fee. The purpose of this EPA brownfield assessment grant is to assess environmental conditions of public and/or private properties located within Bozeman’s jurisdictional limits. The EPA Assessment Grant application would be submitted to the EPA by the City of Bozeman, MT, as a community-wide assessment grant proposal. Recent EPA policy clarifications now allow use of site assessment dollars for environmental site assessments in conjunction with efforts to promote area-wide planning among Urban Renewal Authority (URA) areas and corridors of Brownfield sites. This may allow funding to be available for planners to proactively evaluate project areas and projects for future beneficial reuse through the Brownfield Redevelopment process. To re-emphasize our previous discussion, a grant award will provide the financial means to the City for conducting due diligence activities, as well as identifying broad hurdles to revitalization. Moreover, these funds can also be used to assist local development projects and their developers by providing the funds to conduct their due diligence activities, as well as planning for other comprehensive issues impacting the City including infrastructure planning efforts, future greenways and public gathering spots, retail and housing opportunities, and place-making opportunities to link adjacent neighborhoods to core businesses and services. We understand that our clients are doing more with less and as a result, have neither the time nor expertise to provide the necessary oversight of an EPA Brownfield Grant. Our professionals not only prepare grant applications and implement the environmental activities within the grant, but we also assist our communities with turnkey management assistance meeting EPA requirements. If awarded the grant, we can write into the work plan costs for administering the grant and in so doing, ensure minimal effort by the City so as not to occupy limited City staff time and resources. This proposal and agreement for services involves applying for an EPA Brownfield Community Wide Assessment Grant, with an application submission date yet to be determined but expected in late 2018. Actual date of potential award of the grant is at the discretion of the EPA, however, it is reasonable to assume that the EPA Grant program would announce to the City whether your grant will be funded by mid to late-May 2018. Then, it would take a minimum of several months to finalize a contract and 19 Brit Fontenot August 30, 2018 Page 2 of 2 funding paperwork between EPA and the City. You could assume that if awarded a grant, the City would have the funding in place to begin work on initiation of the grant funding sometime in the autumn of 2019. The grant period would begin around Oct. 1, 2019, (start of the fiscal year) and extend for three calendar years beyond. Our team appreciates the fact that community development requires a comprehensive approach. Ayres Associates frequently leverages Brownfield Grant assistance to help communities in successfully securing additional funds for associated initiatives. We see the Brownfield Program as being a foundation for future efforts and grants that could fund broader planning efforts in Bozeman, particularly in the Midtown region. If you find our proposal acceptable, please countersign and return the agreement to my attention as soon as possible. Please call me at (307) 286-5825 or Scott Wilson at (608) 443-1258 if you have any questions or concerns. Matt Ashby will serve as your primary contact with Ayres Associates Inc. Respectfully, Ayres Associates Inc Matthew J. Ashby, AICP-CUD Scott C. Wilson, PSS Urban Planner Vice President - Development Services Enclosure 20 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 201__, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Ayres Associates, Inc, 3433 Oakwood Hills Parkway, Eau Claire, Wisconsin 54701, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit “A” and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon the completion of the Scope of Services. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services attached hereto as Exhibit “A”. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 21 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 22 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 23 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 4 of 11 Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 24 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or 25 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 6 of 11 immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be David Fine, Urban Renewal Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. 26 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Scott Wilson, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its subcontractors providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or 27 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 8 of 11 illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 28 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 9 of 11 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 10 of 11 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 30 Professional Services Agreement for EPA Brownfields Assessment Grant Application FY 2019 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Andrea Surratt, City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 31 ATTACHMENT A - SCOPE OF SERVICES Environmental Protection Agency (EPA) Assessment Grant Program Scope of Work EPA’s investment in the Brownfields Program has resulted in many accomplishments, including leveraging more than $6.5 billion in Brownfield cleanup and redevelopment funding from the private and public sectors. This program has created approximately 61,000 new jobs, leveraging several dollars for every dollar expended by EPA. Moreover, storm water runoff from Brownfield redevelopment is 47 to 62 percent lower than what occurs on greenfield developments. Lastly, beneficial reuse of Brownfield sites can increase residential property values by 2 to 3 percent when nearby Brownfields are assessed, remediated, and brought back into productive reuse. Momentum generated by the EPA Brownfields Redevelopment Program is leaving an enduring legacy and has provided guidance and incentives to many municipalities across the nation in support of economic revitalization. The EPA Brownfield Program continues to look into the future by expanding the types of properties it addresses, forming new partnerships, and undertaking new initiatives to help revitalize communities across the nation. The City of Bozeman, Montana, would be submitting an EPA Community Wide Assessment Brownfield Grant application for the amount of $300,000. The City will use the requested Assessment Grant funds to support Brownfield redevelopment in the City where redevelopment reduces threats to health, welfare, and the environment; creates new jobs, taxes, and economic activity for your community; and eliminates blight. These assessment funds can also be used to support projects that result in creation, protection, and restoration of community assets, and expand green space and public access points, and expand developments sites for future infrastructure within the City jurisdictional boundaries. Recent EPA policy clarifications now allow use of assessment grant dollars for completion of environmental site assessments in conjunction with efforts to promote area-wide planning within the vicinity of identified Brownfield sites. This may allow some funding to be available for activities associated with evaluation by planners of target areas and projects that are potential candidates for future beneficial reuse through the Brownfield Redevelopment process and the EPA City Grant. To re- emphasize our previous discussions, a grant award will provide the financial means to the City for conducting due diligence activities PRIOR to acquiring any future properties during the life of the grant. Moreover, these funds can be used to assist local development projects and their developers by providing the funds to conduct their due diligence activities with the City. Ayres Associates will prepare and submit an EPA Assessment Grant application as described below. • Obtain the necessary paperwork and applicant eligibility requirements from the City. • Prepare a formal description of the City and its urban in-fill objectives and discuss in depth the nature and magnitude of the environmental, social and economic injustice present in Bozeman. • Describe in detail how sites will be selected for assessment, including access issues for private landowners, site inventory, and prioritization efforts by the City or other development end-users. • Identify the City’s community need(s) and prepare a written description of the City’s ability to identify additional resources and its ability to manage federal funds as required by EPA. • Prepare an estimated project budget. 32 • Describe the sustainable reuse of the City’s potential redevelopment areas. • Identify and describe the “reduction of threats to human health and the environment” associated with the potential project redevelopment sites with the City. • Identify and describe the “planned reuse” of potential project sites. • Identify use of existing and potential green space within the City’s proposed redevelopment areas. • Describe and coordinate community involvement practices as they pertain to the overall project. • Prepare and submit the final application documents required under the “Competition for the 2019 National Brownfields Site Assessment Grant Program,” which will be due for submittal in late 2018. • Describe all general demographic data. • Prepare applicable mandatory attachments City Responsibilities The City will not be required to supply a cost share (match) for the EPA Assessment Grant; however, you will be required to identify other leveraged funding sources or potential sources of funding for completion of related development projects conducted with use of the EPA Assessment funding, including other State infrastructure and/or redevelopment grants and/or in-kind labor and expense that the City will expend in working on this redevelopment initiative. The performance period for this assessment grant is three years AFTER the City and EPA enter into a cooperative agreement for the assessment grant. Respond promptly to Ayres Associates requests for supporting information to accompany the grant request. Provide Ayres Associates success stories of the City’s previous urban in-fill and Brownfield Redevelopment projects. Have a current registration with System of Award Management (SAM) and Grants.Gov prior to Ayres Associates uploading the final grant application package prior to the deadline. These federal registrations are commonly in place in most communities but if Bozeman in not currently registered under SAM and Grants.Gov, Ayres Associates’ staff can easily assist City staff with this free registration process. Time Schedule The EPA Assessment grant proposal will require submission at a date yet to be determined but anticipated to be in late 2018. Actual award of the grant is at the discretion of the funding agency. However, it is reasonable to assume that notification of an award will be sometime in late spring 2019 (mid-May). Should the City be awarded the grant, the EPA will request that the City file several federal forms related to the grant award and agreement, as well as a work plan that, in general, describes the proposed uses of the funding. The work plan need not go into detail on the actual project sites; just generalities for the proposed expenditures of the funding (e.g. number of anticipated Phase 1 ESAs, Phase 2 ESAs, anticipated Outreach Events, etc.). If the City is successful in getting the grant award, the paperwork (form submittals) and work plan development and submittal must occur during the summer months of 2019. Fee We will perform the above services for a lump sum fee of $4,950. 33 Additional Services Upon request, Ayres Associates can provide a scope of services and fee for the following additional services. The EPA will require that a series of federal forms be completed in addition to preparation of the work plan prior to the EPA issuing a cooperative agreement with the City for implementation of the grant. It has been Ayres Associates experience with many other communities in which we assisted in the EPA grant process that those municipalities have engaged Ayres Associates to prepare the work plan and fill out the necessary federal forms. We can and will assist the City in completion of these forms. Once the EPA cooperative agreement is executed by both parties, the programmatic costs associated with the grant can reimburse expenses to the City if specifically accounted for in the assessment grant work plan. Ayres Associates has a long history of working with communities in assessing and remediating urban properties using EPA Assessment and EPA Cleanup and RLF Grants. We are prepared and qualified to assist the City of Bozeman in applying for and implementing EPA Cleanup Grants and EPA RLF Grants and Loans in the future. Professional Services Agreement Attached are the City of Bozeman’s " Terms and Conditions" which will apply to the services and which are incorporated into this proposal by reference. 34