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HomeMy Public PortalAbout063-2005 -Petroleum GrantINDIANA DEVELOPMENT FINANCE AUTHORITY PETROLEUM REMEDIATION GRANT AGREEMENT This Grant Agreement ("Agreement" and "Grant Agreement") is made as of this the Indiana Development Finance Authority _day of G , by and among p ty ("Grantor"), the City of Richmond ("Grantee"), an PSI, Inc - .("Consultant"). The Grantor, the Grantee and the Consultant are parties to this Agreement, and the parties, in consideration of the mutual covenants, obligations and stipulations set forth in this Agreement, agree as follows: I• PURPOSE OF AGREEMENT: The purpose of this Agreement is to make a grant from the Environmental Remediation Revolving Loan Fund ("Brownfields Fund") to the Grantee in accordance with this Agreement and Indiana Code 13-19-5 et seq. ("Act"). Grant funds provided under this Agreement ("Grant Funds") shall be used solely to pay qualified costs and expenses related to completion of certain specified petroleum remediation activities ("Project Activities") at the project site specified in Section 3.13 of this Agreement ("Project Site"). As used in this Agreement, "Project Activities" means those petroleum remediation activities (a) generally described in the Grantee's Brownfields Petroleum Remediation Grant Application ("Grant Application"), which is made Exhibit A, to this Agreement; (b) further described in the fixed price remedial bid selected by the Grantor; and (c) specifically described in the Corrective Action Plan that is approved by the Indiana Department of Environmental Management ("CAP"). Such remedial bid and the CAP are made Exhibit B to this Agreement. 2. TERM OF GRANT: The term of this Agreement is the lesser of (a) one year or (b) the date of completion of the Project Activities, which term shall commence on the date of final execution by all the parties to this Agreement (the "Expiration Date"), unless sooner terminated as provided in this Agreement. All Project Activities must be completed by the Expiration Date. (If necessary, the Grantee may request in writing that the Expiration Date be extended for not more than one year. The Executive Director of the Grantor may approve such request. If approved, the Expiration Date will be extended to the date set forth in such approval; however, all other provisions of this Agreement shall remain the same and in full force and effect.) 3. DUTIES, RESPONSIBILITIES OF GRANTEE: A. WORK TO BE PERFORMED The CAP, as approved by the Indiana Department of Environmental Management ("IDEM") and as amended with the approval of the Grantor and IDEM, is made Exhibit B to this Agreement. If the Grantee determines it is necessary or appropriate, it shall enter into a separate agreement with the Consultant to ensure timely performance of the Project Activities and to address an otherpayment contracting matter(s) not referred to in this Agreement. Preparation of the CAP, if not prepared at the time of final execution of this Agreement, is a Project Activity eligible for payment from Grant Funds. The scope of Project Activities described in the CAP may be modified materially only if the Grantor and IDEM approve in writing. In the event of any inconsistency between this Agreement and anything contained in an Exhibit to this Agreement or in any subsequent document or paper, this Agreement shall prevail. B. CONSENT OF LANDOWNER The Grantee represents to the Grantor and the Consultant that it has the right to enter the Project Site and to perform or cause to be performed the Project Activities throughout the term of this Agreement. In the event the Project Site is not owned by the Grantee, the Grantee has obtained a letter of consent to Project Site access to perform the Project Activities throughout the term of this Agreement from the appropriate and duly authorized person or persons. Such consent, if necessary, is made Exhibit C to this Agreement. The Project Site is known locally as the former Starr-Gennett Area of Whitewater Valley Gorge in the City of Richmond. C. COMPLIANCE WITH PROGRAM, LAWS All Project Activities shall be performed in compliance with this Agreement, the grant conditions, the Act and all applicable rules, regulations, policy memoranda and other authority thereunder, and the directives of the Grantor and IDEM. The Grantee acknowledges that this Agreement is subject to all requirements Contract No. 63-2005 set forth in this Agreement, as well as all the current applicable Federal, State and local laws, including ordinances, regulations and rules and other legal authority, to which the Grantor and the Grantee are subject ("Law"). The Grantee expressly agrees to be solely responsible to ensure that the use of the Grant Funds is in compliance with all Law affecting the use of the Grant Funds. The Grantee ackn Agreement and the Law. owledges and agrees that the Grantee is subject to repayment of Grant Funds for failure to comply with this D. REPORTS, RECORDS, EVALUATIONS, INSPECTIONS (1) The Grantee shall document all uses of Grant Funds and maintain adequate books and accounts in accordance with generally accepted accounting principles consistently applied. The Grantee shall permit the Grantor and its agents, employees, officers and representatives at any reasonable time to inspect, audit and examine such books and accounts. The Grantee and the Consultant agree to cooperate fully with any such inspection, audit or examination. (2) The Grantee agrees to submit to the Grantor at any time and from time to time such records and reports as may be required by the Grantor, including evidence of payment(s) made to the Consultant. (3) The Grantee agrees to submit to the Grantor and IDEM copies of periodic reports and other documents prepared by or for the Grantee and the Consultant. Such periodic reports and other documents are the sole means for determining Pay for Performance under Section 5 of this Agreement. (4) The Grantee shall continue to submit technical reports and documents as requested by the Grantor until the Grantor receives the Consultant's CAP Closure Report, and IDEM has made a No Further Action (NFA) determination regarding the Project Site. (5) The Grantor and IDEM may, with prior notice to the Grantee and the Consultant, enter the Project Site to conduct monitoring and inspection activities as deemed appropriate by the Grantor and IDEM. The Grantee will ensure the cooperation of the Grantee's and IDEM's employees in any such monitoring and inspection. The Consultant will take all reasonable action necessary to correct or cure any problems or deficiencies identified by the Grantor or IDEM during its monitoring and inspections. During any monitoring or inspection of the Project Site, all parties to this Agreement will adhere to the requirements of the Project Site -specific Health and Safety Plan prepared by the Consultant. The Consultant is solely responsible for enforcing such plan. 4• PROJECT ACTIVITIES, BUDGET DETAIL: A. BUDGET DETAIL The Grantor made the Grant Application available to pre -qualified consultants, and the Grantor received bids to perform petroleum remediation activities through a competitive bid process. The Grantor selected the Consultant's bid as the most cost effective and technically competent bid, and the Consultant's bid is the basis for this Agreement. Due to maximum funding limits imposed by the Grantor for Petroleum Remediation Grant Incentive awards, and considering the previous award to the Grantee for similar work at the Project Site, the maximum grant award to the Grantee is $159,000. The Grantee is responsible for payment of all balances due to the Consultant that exceed the grant award amount up to the Consultant's fixed price bid of $177,554. amount of the Unless specified, all references in this Agreement to contamination are to petroleum contamination. The fixed price bid of $177,554 submitted by the Consultant, included as Exhibit B to this Agreement, for the remediation of the petroleum Area(s) of Concern may be altered only following a discovery of new contamination during the course of Project Activities that was heretofore unknown or separate from the contamination identified in the Consultant's fixed price remedial bid and described in the CAP. For purposes of this Agreement, (1) unknown contamination will be considered to be new contamination if it was not visually or physically confirmed through prior sampling and identified in the subsequent reporting made available during the fixed price remedial bid process; and (2) separate contamination will be considered new contamination if it is (a) of a different petroleum distillation fraction or (b) geographically separate from and pursuant to a different release event than the petroleum in the Area(s) of Concern identified in the Consultant's approved bid and described in the CAP. B. LIMITATION ON USE OF GRANT FUNDS No costs may be incurred by the Grantee or the Consultant prior to the date of final execution of all the parties to this Agreement without the prior written consent of the Grantor. All costs and expenses incurred by the Grantee or the Consultant must be directly related to the conduct of petroleum contamination remediation of the petroleum Area(s) of Concern at th Consultant's approved bid and described in the CAP. e Project Site, as identified in the In the event new petroleum contamination is discovered at the Project Site, the Grantor is under no obligation to fund the cost of remediating the new contamination. In the event that additional remediation for the new petroleum contamination is deemed necessary or beneficial by the Grantor and the Grantee, such supplemental remediation may be considered for reimbursement by the Grantor only following (a) the written acceptance by the Grantor of the Consultant's written change order, which order shall describe the nature and cost of the proposed additional remediation, or (b) the receipt and selection of a competitive bid from a pre -qualified PRGI consultant pursuant to normal PRGI bid procedures. The additional remediation and costs, if approved by the Grantor, will be paid at the sole discretion of the Executive Director of the Grantor following authorization by the Board of Directors of the Grantor. C. LIMITATION ON AMOUNT OF GRANT FUNDS Notwithstanding anything in this Agreement to the contrary, the Grantor shall not be obligated to provide more than $159,000 in Grant Funds under this Agreement. 5• PAYMENT OF GRANT FUNDS: A. GENERAL After the execution of this Agreement by all parties, the Grantor agrees to pay the Grantee the fixed fee amount of $159,000 disbursed in accordance with subdivisions B. and C. of this Section 5. B. PAY FOR PERFORMANCE Disbursement of Grant Funds will be governed by a business model referred to as "Pay for Performance" or "PFP," as generally described in the IDFA PRGI Guidelines dated August 19, 2003, which is made Exhibit D to this Agreement. Under the PFP, the Grantor will disburse Grant Funds to the Grantee only after the remediation objectives for the petroleum impacted soil and groundwater, as applicable, at the Project Site as identified in the CAP have been proportionally achieved following implementation of the Project Activities. An illustration of Project Activities and corresponding remediation objectives that trigger payment is made Exhibit E to this Agreement. All PFP a Activities and corresponding objectives. g payments will be based on Project C. SCHEDULE; TIMELINESS OF PAYMENT To facilitate payment timeliness for all the parties, the Grantor will distribute Grant Funds to the Grantee, as described in this Section 5, no later than 20 business days from the Grantor's receipt of a completed Progress Milestone Report submitted by the Consultant. A Progress Milestone Report shall be comprised of (1) narrative and, if applicable, photographic descriptions of work performed, including any other information requested by the Grantor; and (2) appropriate technical data including laboratory results and other measurements from all field sampling performed subsequent to the previous Progress Milestone Report, if any. Upon confirmation of a favorable review of the Progress Milestone Report by IDEM, the Grantor shall make a fund disbursement to the Grantee. Upon receipt of a disbursement by the Grantor, the Grantee will make payment to the Consultant within twenty one business days in the same amount as the Grantor's disbursement. 6. ENVIRONMENTAL REPRESENTATIONS: The Grantee represents and warrants that: A. the Grantee did not generate or transport hazardous substances, pollutants, or contaminants at or to the Project Site; B. the Grantee acquired the Project Site (if applicable) after the disposal or placement of hazardous substances, pollutants and contaminants on the Project Site; C. the Grantee has not caused, contributed to or exacerbated the release of such substances, pollutants or contaminants on or from the Project Site; and D. to the best of the Grantee's knowledge, all other information provided by the Grantee in its Grant Application is true and accurate. 7• STOP WORK ORDER: The Grantor, upon recommendation of IDEM, may order the Grantee and the Consultant to stop all Project Activities immediately in the event of a demonstrated imminent and substantial threat to human health or the environment. In the event that an order is issued, the Consultant will submit to the Grantor an estimate of additional costs, if any, which result from the order. If the Grantor, with concurrence from IDEM, determines that the Project Site conditions resulting in the stop work order were not caused by the Consultant or a subcontractor to the Consultant through disregard for conditions that would be reasonably expected at similar remediation sites, or through a negligent act or omission by the Consultant or a subcontractor to the Consultant, then the Consultant will be eligible for reimbursement of reasonable additional project costs through a supplemental disbursement to the Grantee. Any supplemental disbursement must be authorized by the Board of Directors of the Grantor. 8• GOVERNING LAW: This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and any suit must be brought in the State of Indiana. 9. COMPLIANCE WITH LAW: The Grantee agrees to comply with all licensing and permitting requirements for the Project Activities, if any, and all applicable Law required by such licensing and permitting requirements to be included in this Agreement, are incorporated by this reference. The enactment of any Federal or State statute, or the promulgation of regulations under such statute, after execution of this Agreement shall be reviewed by the Grantor to determine whether or not this Agreement is required to be amended to effectuate such new statute or regulation. 10. RETURN OF FUNDS: If the Grantor, through monitoring or review of the Project Activities or otherwise, determines that the Grantee and the Consultant are not performing or completing the Project Activities in accordance with their respective obligations under this Agreement, the Grantor shall inform the Grantee and the Consultant, in writing, of such determination. Each of the Grantee and the Consultant acknowledges and agrees that if it does not (a) use the Grant Funds as agreed or (b) correct any reasonable non-compliance determination by the Grantor within a reasonable time, it shall forfeit any right to additional disbursements and will be asked to repay to the Grantor previously disbursed Grant Funds. 11. PENALTIES, INTEREST, ATTORNEY'S FEES: The Grantor will in good faith perform its required obligations under this Agreement and does not agree to pay any penalties, liquidated damages, interest, court costs or attorney's fees unless specifically required by State law. 12. INDEMNIFICATION: By the Grantee: To the extent permitted by Law, the Grantee agrees to indemnify, defend and hold harmless the State of Indiana, the Grantor and their agents, officers, and employees from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise) and suits, including (but not limited to) court costs, attorney's fees and other costs and expenses caused by any negligent act or omission of the Grantee. 4 14. By the Consultant: To the extent permitted by Law, the Consultant agrees to indemnify, defend and hold harmless the State of Indiana, the Grantor and their agents, officers, and employees from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise) and suits, including (but not limited to) court costs, attorney's fees and other costs and expenses caused by any negligent ac any subcontractors. t or omission of the Consultant or Neither the State of Indiana nor the Grantor is providing any indemnification, either jointly or severally, to the Grantee or the Consultant or any subcontractors. 13. INDEPENDENT CONSULTANT, CONTRACTOR: A. All the parties, in their performance of this Agreement, are acting in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. No party will assume any liability for any injury, including death, to any other party or person or any damage to any property arising out of the acts or omissions of the agents, employees or subcontractors of another party. B. The Grantee and the Consultant, including any subcontractors, shall be responsible for providing all necessary unemployment and worker's compensation insurance for their respective employees engaged in Project Activities. The Consultant, including any subcontractors, shall obtain and carry throughout the term of this Agreement general liability insurance with a minimum of $1,000,000 coverage per accident or claim, property insurance and worker's compensation insurance. Insurance coverage shall be primary in relation to any other insurance or self-insurance available to the Grantor. The Grantor and the State shall be named as Additional Insured on all coverages. The Grantee and the Consultant shall deliver to the Grantor from time to time at the Grantor's request certificates of insurance or policies setting forth all business insurance then in effect. Insurance policies shall be endorsed to provide that the Grantor shall be provided with written notice of the cancellation, suspension or reduction in limits of any insurance 30 days in advance of such cancellation, suspension or reduction. C. The Consultant, for itself and any subcontractors certifies that all contractors, subcontractors and consultants involved in Project Activities (1) are not currently or proposed to be debarred or suspended, declared ineligible or voluntarily excluded from Federal, State or local " not within the three year period preceding this Agreement been convicted f or had anci ill judgm 2entave rendered against them for (a) fraud or commission of a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction, (b) violation of Federal or State antitrust laws, or (c) embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and (3) have not within such three period had a public transaction terminated for cause or default. DISCRIMINATION PROHIBITED: Pursuant to Indiana Code 22-9-1-10, and the Civil Rights Act of 1964, the Grantee and the Consultant and any subcontractors shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to the employee's or applicant's hire, tenure, terms, conditions or Privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant's race, color, religion, sex, disability, national origin or ancestry. Acceptance of this Agreement also signifies compliance with applicable Federal laws, regulations and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. Breach of one or both of these covenants may be regarded as a material breach of this Agreement. 15. NOTICE TO PARTIES: Whenever any notice, statement or other communication shall be sent to the Grantor, the Grantee or the Consultant, it shall be sent to the following address, unless specifically advised in writing. A. Notice to the Grantor shall be sent to: Mr. W. Calvin Kelly Deputy Director INDIANA DEVELOPMENT FINANCE AUTHORITY One North Capitol, Suite 900 Indianapolis, IN 46204-2226 B. Notice to the Grantee shall be sent to: The Honorable Sally Hutton Mayor, CITY OF RICHMOND c/o Tony Foster II 50 North 5" Street Richmond, IN 47374 C. Notice to the Consultant shall be sent to: Mr. Ronald J. Hosek PSI, Inc. 5362 West 78"' Street Indianapolis, IN 46268 Electronic submission of information about this Agreement or the Project Activities or otherwise is encouraged through use of the Grantor's online project management system. Where an electronic submission is made (not including electronic mail), paper copies of the submission are not required. 16. STATUTORY AUTHORITY: The Grantee, in accordance with Indiana Code 13-19-5 et seq., expressly warrants to the Grantor that it is legally eligible to receive the Grant Funds and expressly agrees to repay to the Grantor all Grant Funds should a legal determination of ineligibility be made by any court of competent jurisdiction. 17. AUTHORITY TO BIND: Notwithstanding anything in this Agreement to the contrary, each of the signatories for the Grantee and the Consultant represent that he or she is duly authorized to execute this Agreement on behalf of the Grantee or the Consultant, respectively. 18. MAINTAINING DRUG -FREE WORKPLACE (EXECUTIVE ORDER NO. 90-5): A. The Grantee and the Consultant covenant and agree to make a good faith effort to provide and maintain during the term of this Agreement a drug -free workplace. The Grantee and the Consultant will give written notice to the Grantor within ten days after receiving actual notice that an employee of the Grantee, the Consultant or any subcontractor, who serves in or could be expected to serve in a capacity related to the Project Activities, was convicted of a criminal drug violation occurring in the Grantee's or the Consultant's workplace. B. In addition to subdivision A. of this Section 18, if the Grant Funds exceed $25,000, the Grantee, the Consultant and any subcontractor further agree that this Agreement is expressly subject to the terms, conditions and representations contained in the Drug -Free Workplace Certification executed by the Grantee and the Consultant in conjunction with this Agreement and incorporated into this Agreement as Section 27. C. The Grantee, the Consultant and any subcontractors further expressly agree that the failure of the Grantee and the Consultant and any subcontractor to comply in good faith with subdivision A. of this Section 18, or falsifying or otherwise violating subdivision B. of this Section 18, shall constitute a material breach of this Agreement. Any breach entitles the Grantor to impose sanctions against the Grantee and the Consultant and any subcontractors, including (but not limited to) recovery of the Grant Funds, cancellation of this Agreement, and debarment of the Grantee, the Consultant or any subcontractor from doing further business with the Grantor or the State for up to three years. 19. FORCE MAJEURE: In the event that the Grantor, the Grantee or the Consultant is unable to perform any of its obligations under this Agreement, or to enjoy the benefits of this Agreement, as a result of natural disaster or actions or decrees of governmental bodies or communication line failure not the fault of the affected party ("Force Majeure Event"), the party who has been so affected shall immediately give notice to the other parties and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds 30 days from the receipt of notice of the Force Majeure Event, the parties whose ability to perform have not been affected may, by giving written notice, terminate this Agreement. If so terminated, the Grantee will be paid for previously unreimbursed Project Activities. Such payment shall be made following receipt by the Grantor of required PFP documentation and review by the Grantor f of the same. Upon cancellation by the Grantor and ollowing final payment to the Grantee by the Grantor, the Grantor shall not be obligated to disburse additional Grant Funds. 20. SEVERABILITY: The invalidity of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of the Agreement. 21. REMEDIES NOT IMPAIRED: No delay or omission of the Grantor in exercising any right or remedy available under this Agreement shall impair any such right or remedy or constitute a waiver of any default or an acquiescence to any default. A single or partial exercise of any power does not preclude the further exercise of that power or right or the exercise of any other power or right. 22. TAXES: The Grantor is exempt from Federal, State and local taxes. The Grantor will not be responsible for payment of any taxes levied on the Grantee or the Consultant or any subcontractors as a result of this Agreement. 23• WAIVER OF RIGHTS: No right conferred on any party under this Agreement shall be deemed waived and no breach of this Agreement excused, unless such waiver or excuse shall be in writing and signed by the party claimed to have waived such right. 24• ACCESS TO RECORDS: The Grantee and the Consultant and any subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the costs incurred under this Agreement. Such materials shall be made offices at all reasonable times during the term of this Agreement and for five years after (a) the Expiration Date or (b) the resolution of any available at the Grantee's and the Consultant's and any subcontractors' respective o applicable findings regarding this Agreement by the State Board of Accounts, whichever is later. The Grantee and the Consultant shall ensure the cooperation of their respective employees and subcontractors in such monitoring and evaluation efforts. The Grantee and the Consultant will take all actions necessary to correct or cure any problems or deficiencies identified by the Grantor during its monitoring and evaluations. 25. CHANGES; EXHIBITS, ATTACHMENTS TO AGREEMENT: This Agreement may not be changed, amended or modified orally. Any change, amendment or modification must be in writing and signed by all the parties. This Agreement merges and supersedes all prior agreements, negotiations and representations of any kind among the Grantor, the Grantee and the Consultant relating in any manner to the subject matter and transactions contemplated by this Agreement. This Agreement and its exhibits and any other attachments constitute the entire agreement among the Grantor, the Grantee and the Consultant concerning the Grant Agreement. All exhibits and any other attachments referred to in this Agreement, and all exhibits, other attachments, Law and papers expressly incorporated into this Agreement by reference are deemed incorporated into this Agreement by this reference as though fully set forth in this Agreement. 7 26• CONFLICT OF INTEREST: A. As used in this section: "Immediate Family" means the spouse and the emancipated children of an individual. "Interested Party" means: (1) The individual executing this Agreement; (2) Any individual who has an interest of three percent or more of the Grantee or the Consultant; or (3) Any member of the Immediate Family of an individual specified under subdivision (1) or (2). "Commission" means the State Ethics Commission. B. The Grantor may cancel this Agreement without recourse by the Grantee or the Consultant if an Interested Party is an employee of the Grantor or the State. C. The Grantor will not exercise its right to cancel this Agreement under Section 26 if the Grantee gives the Grantor an opinion of the Commission indicating that the existence of this Agreement and the relating to ethical conduct of employees of the Grantor or State employeesemployment by the Grantor or the State of the Interested Party does not violate any statute or code . The Grantor may take action, including cancellation of this Agreement, consistent with an opinion of the Commission. D. The Grantee has an affirmative obligation under this Agreement to disclose to the Grantor when an Interested Party is, or becomes, an employee of the Grantor or the State. The obligation under this Section 26 extends only to those facts that the Grantee knows or reasonably should know. 27• DRUG -FREE WORKPLACE CERTIFICATION: This certification by the Grantee and the Consultant is required by the Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of Administration is requiring the inclusion of this certification in all contracts with and grants from the State in excess of $25,000. No award of a contract shall be made, and no contract shall be valid unless and until this certification has been fully executed by the Grantee and the Consultant and made a part of the contract as part of the contract documents. False certification or violation of the certification may result in sanctions, including (but not limited to) suspension of contract payments, termination of the contract and debarment of contracting opportunities with the State for up to three years. By fully executing this Agreement, the Grantee and the Consultant are deemed to have fully executed this certification. Each of the Grantee and the Consultant certifies and agrees that it will provide a drug -free workplace by: A. Publishing and providing to all its employees a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's or the Consultant's respective workplace and specifying the actions that will be taken against employees for violations of such prohibition; B. Establishing a drug -free awareness program to inform employees of (1) the dangers of drug abuse in the workplace; (2) the Grantee's or the Consultant's respective policy of maintaining a drug -free workplace; (3) any available drug counseling rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace. C. Notifying all employees in the statement required by subdivision A of this Section 27 that as a condition of continued employment the employee will (1) abide by the terms of the statement; and (2) notify the employee's employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; 28. 29. 30. D. Notifying in writing the Grantor and the Indiana Department of Administration within ten days after receiving notice from an employee under subdivision C.2. of this Section 27 or otherwise receiving actual notice of such conviction; E. Within 30 days after receiving notice under subdivision C.2. of this Section 27 of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; and F. Making a good faith effort to maintain a drug -free workplace through the implementation of subdivisions A. through E. of this Section 27. NON -COLLUSION, ACCEPTANCE: Each of the Grantee and the Consultant attests under penalties ofPerjury the representative, agent, member or officer of a contractin b) h that (or she (a) is a contracting party or employee, representative, agent or officer of such contractingparty, (b) has not (nor has any other member, knowledge, entered into or offered to enter into any combination collusion or agreement for eceithe veso ofhisis a her that he or she has not received or paid) any sum of money or other consideration for the execution of this (and Agreement other than that which may appear upon the face of this Agreement. INSURANCE RECOVERY: Through the use of Grant Funds, the Grantee may obtain environmental data that may be used to recover moneys from insurance policies related to the Project Site. Moneys recovered from such insurance policies are deemed to be moneys that are leveraged by the Brownfields Fund. In the event that the amount of such moneys exceeds the total cost of Project Activities and other petroleum remediation at the Project Site, the Grantee agrees to use such excess funds for brownfields redevelopment approved by the Grantor. If the Grantee does not use such excess funds as provided in this Section 29 within two years of the receipt of such funds, the Grantee shall promptly transfer such funds to the Grantor. The Grantor may request documentation about such insurance policies, any recovery, brownfields redevelopment and remediation, excess funds and their use. This obligation to use such excess funds or transfer them to the Grantor survives the term of this Agreement. CANCELLATION OF GRANT: The Grantor may cancel this Agreement upon the occurrence of any one of the following events: A. MULTI -TERM FUNDING When the State Budget Director makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Grant Agreement. (A determination by the State Budget Director that funds are not or otherwise available to support continuation of performance shall be final and conclusive.) B. FALSE, MISLEADING REPRESENTATIONS A finding that any representation or warranty the Grantee made in the Grant Application or otherwise is false or misleading in any material respect when made. C. IMPROPER USE OF GRANT FUNDS A finding that Grant Funds were used for a purpose other than Project Activities as provided in this Agreement. If the Grantor determines to cancel this Agreement, the Grantee will be paid for previously unreimbursed Project Activities. Such payment shall be made following receipt by the Grantor of required PFP documentation and review by the Grantor of the same. Upon cancellation by the Grantor and following final payment to the Grantee by the Grantor, the Grantor shall not be obligated to disburse additional Grant Funds. 31. EXECUTION; COUNTERPARTS: such copies taken together shall constitute a single contract. This AgrCopies of this Grant Agreement may be executed separately by the parties, and once executed by all parties, all counterparts, each of which shall be deemed to be an original for all purposes. eement may be executed in one or more [Remainder of page left blank intentionally] 10 The parties represent and warrant that they have read and understand the terms of this Agreement, and the parties, by their respective signatures, do thereby agree to the terms of this Agreement as of the date set forth in the first paragraph of this Agreement. City of Richmond By �Z� Sally Hutton, Mayor PRINTED NAME, TITLE 9-13--�04 DATE Tony Foster II Director- f PRINTED NAME, TITLE 1 Community Development & Nbtary 9-13-04 DATE PSI, Inc. By PRINTED NAME, TITLE DATE ATTEST: By PRINTED NAME, TITLE DATE India Developmen finance Authority By D,,�G, Sac, r-S q-a�-O,-j DATE ATTEST: By r [ I"1 �JO CRISTINE M. KLIKA EXECUTIVE DIRECTOR - a�-0 DATE The parties represent and warrant that they have read and understand the terms of this Agreement, and the parties, by their respective signatures, do thereby agree to the terms of this Agreement as of the date set forth in the first paragraph of this Agreement. City of Richmond Indiana Development Finance Authority ity PRINTED NAME TITLE DATE ATTEST: By PRINTED NAME, TITLE DATE PSI, Inc. „ / h By • Y� PRINTED NAME, TLE 9 /� o� DATE By TIMOTHY J. MONGER, LIEUTENANT GOVERNOR'S DESIGNEE DATE ATTEST: By CI STINE M. KLIKA EXECUTIVE DIRECTOR DATE 7�tt; /GE Sil�6"vl� ATTEST: By U V p 4- V r PRINTED NAME, TITLE oK rn en At 1 �14 v 1-"- j „4 / (/ DATE - --- 11 APPROVED By: la� MARILYN F. SCHULTZ STATE BUDGET DIRECTOR DATE 12 EXHIBIT • Grant Application for PRGI funding PRGI Application -- Bravelo Teamworks 2.0 PRGI Application Contact Information Applicant Name of Political Subdivision (the "Applicant"): City of Richmond Office or Department managing the Project: Office of Community Development Address: 50 North 5th Street City: Richmond County: Wayne Zip Code: 47374 Telephone Number: 765-983-7211 Fax Number: 765-983-7212 Contact #1 Name: TonyFoster II Title: Business Development Coordinator Department: Office of Community Development Address: 50 North 5th Street City: Richmond County: Wayne Zip Code: 47374 Telephone Number: (765) 983-7211 Fax Number: 765-983-7212 E-Mail Address: tfoster@ci.richmond.in.us Population Population of Applicant's Political Subdivision (2000 Census Numbers): 39124 Site Information Page 1 of 10 Site Brownfield Site Name: Starr-Gennett Area of Whitewater Valley Gorge Brownfield Site Description: The Starr-Gennett area of the Whitewater Valley Gorge is located in the heart of Richmond. The Whitewater Valley Gorge runs north to south through the center of the city. The Starr-Gennett Area, located in the gorge, is the site of Richmond's earliest development. The site, now referred to as the "birthplace of recorded jazz" was used to manufacture Gennett Records, build Starr Pianos, Starr Phonographs and much more. In addition, the site held a recording studio where many of America's jazz greats recorded for the first time. The site is now being redeveloped into a hiking/biking trail and park setting. A rebuilt recording studio is being planned and will be built on the original foundation. The trail is the southern stopping point for the 70 mile Cardinal Greenway Trail that runs from Marion to Muncie to Richmond. If the site has another name or nickname: Site Address: South 1st Street City: Richmond PRGI Application -- Bravelo Teamworks 2.0 County: Wayne Page 2 of 10 Township: Wayne Zip Code: 47374 Owner of the Site: Applicant is the owner Owner Information Name of Current Site Owner: City of Richmond Corporate Name: Address: 50 North 5th Street City: Richmond Zip Code 47374 Telephone Number: 765-983-7200 Fax Number: 765-983-7212 E-Mail Address: tfoster@ci.richmond.in.us How long has the current owner had title to the site: The site was purchased in 1979. Describe any operations the owner has conducted to the The City of Richmond has not conducted any business site: site. operations at the Site Access available from current owner: Yes Past Owners Owner #1 City of Richmond From: 01/01/ 1979 To: 10/31/2003 Owner #2 Frank Robinson From: 01/02/ 1976 To: 12/31/1978 Owner #3 1. Solotkin Company From: 01/02/ 1952 To: 01/01/1976 Owner #4 Starr-Gennett family members From: 01/01/1884 To: 01/01/1952 Tax Information Current Assessed Value: 0.00 Is the site tax delinquent?: No What is the total amount of county back taxes owed?: $0.00 What is the total amount of state back taxes owed?: $0.00 What is the total amount of federal back taxes owed?: $0.00 How many tax sales has the Property been through?: 0 Purchase Information When was the property purchased by the current owner?: 01/01/1979 What was the purchase Price: $0.00 ATJ(:T A,,"1 ,t:..., Urint PRGI Application -- Bravelo Teamworks 2.0 Page 3 of 10 Past Uses Use #1 Vacant Land From: 01/01/1979 To: 10/31/2003 Use #2 Other: site demo From: 01/02/ 1976 To: 12/31/1978 Use #3 Industrial Site From: 01/02/ 1952 To: 01/01/1976 Use #4 Industrial Site From: 01/01/1872 To: 01/01/1952 Use #5 Other: Mill Site From: 01/01/ 1806 To: 12/31/1871 Provide an additional brief The first mill site in Richmond in what is now known as the Starr-Gennett narrative history of the site, Area in the Gorge was built in 1806-07. The mill burned several times, and including past uses and in 1872 it was purchased by the Starr family and a piano factory was occupants: started. It was the first of its kind west of the Allegany Mountains. Water Powered the factory as it grew along the Whitewater River. In the early 1890's Starr brought in a partner, Henry Gennett. Gennett continued to grow the industry in the Gorge, and the company employed over 600 workers in the early 1900s. Pianos, player pianos, and phonographs, along with any appliance or item requiring wood for its cabinet was manufactured in the Gorge. In order to continue growing, Gennett got into the recording business as a way to sell more phonographs. The company purchased used recording equipment and brought in the hot "rock 'n roll" musicians of the time- jazz musicians, as a way to sell records and hence phonographs. Inadvertently, Richmond and the Whitewater River Valley Gorge became the "birthplace of recorded jazz music." Louie Armstrong, Bix Beiderbecke, Jelly Roll Morton, King Oliver, and Hoagy Carmichael, are but a few of these early great jazz musicians who recorded their own music for the first time ever, here in the Gorge Starr-Gennett facility. Hoagy Carmichael recorded "Star Dust" first, here in the Gorge. Previously, black musicians such as Louie Armstrong had not been allowed to record their own music by the larger recording companies. At Starr- Gennett, they recorded their own music for the first time ever and enabled a legacy that still exists today to be preserved. The Starr-Gennett area continued to grow. In its prime, there were 37 buildings located in this area of the gorge. Items such as refrigerators, freezers, projection machine parts, propellers and items needed for World War I were produced there as well. The Great Depression took its toll on the industries in the gorge. Most of the factories went out of business as a result. As technology advanced Richmond began to grow around the gorge instead of in it. The Starr- Gennett area ceased to house industry and the structures slowly disappeared from the landscape. The Starr-Gennett property, as a result, became know as a nuisance and has been unused for over 50 years. The gates to the street that passes through the Starr-Gennett area of the gorge have been closed for decades. In the 1970's a private individual purchased the property and demolished most of the buildings. Only a few structures are still standing. Most residents of the City of Richmond have no idea of the history and the great resources that lie below the bridges that cross the Starr-Gennett area of the Whitewater Valley Gorge. The ownership of the Starr-Gennett area changed hands several times over the years. The City of Richmond acquired the Starr-Gennett area in the late 1970's. Describe any efforts to redevelop the site in the past The City of Richmond has been active) y Pursuing elopment of the over the past two years. Efforts include he demolition vof a large unsafesite 1<ttr<o.//i'1{n l,r�<.Aln nnm%:+tm1/TT1FA ARi'T < _A mnlinatinn Arint nen9pir1-117 0_: < _ PRGI Application -- Bravelo Teamworks 2.0 Page 4 of 10 two years: structure, reuse study on exisitng structure, environmental assess ment/remediation, street replacement and storm sewers. Property Information What is the current status of The Starr-Gennett Area of the Whitewater Valley Gorge sits in an anxious the property?: state of redevelopment. Just four years ago the site was overgrown, contaminated, muddy and off limits to the public. Today, with the help of many grantors and support from the Richmond community, the site lays improved, but far from finished. Per the question above, many improvements have been made but the site is still not ready for public consumption. We have to remediate the contamination present, stabilize a large building ("logo building"), add lighting and perform remaining clearance of brush and debris. What is the approximate size of the site (in acres)?: 7 How many structures are on the site?: 4 What is the distance to the School: 0 miles nearest: (in miles) Hospital: 1 miles Municipal Building: 0 miles Private Residence: 0 miles Private Water Well: 1 miles Water Body: 0 miles Municipal Well: 1 miles Gas Station: 1 miles Downtown business district: 0 miles This site is served by the following public utilities?: storm sewer The site is located in: An Indiana Urban Enterprise Zone A slum or blighted area A Tax Increment Finance (TIF) District Other specially - designated area: Economic Revitalization Area per Indiana Code 6-1.1-12.1 How is the property currently zoned? The property is currently zoned "01" greenspace. Estimate the percentage of The site is not officially open to the public yet. As a result, 0% is actively active use of the site: used. Please describe the The site, located within the confines of the Whitewater Valley gorge, is surrounding neighborhood: bound by the Old Richmond Historic District (National Register designated residential historic district) to the east. It is bound by the Richmond High School and residential property to the west. The property to the south of the site is green space, which includes the Gorge Trail. Property to the north of the site includes U.S. 40, the Main Street Bridge (under construction) and commercial properties (including an old MGP site that is on the National Register of Historic Places). Additional Information Additional Information: Actual Purchase price is unknown. One source stated it was $200,000. Property has an assessed value of $0.00 since it is owned by the city and not taxed. Dates are accurate in regards to years. Actual month/day are estimates. Distances that reflect 0 miles demonstrate that those entities are less than one mile from the site. Funding httnc //irlfa hrn\/Pln enm/html/TTIFA PR!_T Annli,ati(,n Print acn?Pid=1T),e.;1— nnn PRGI Application -- Bravelo Teamworks 2.0 Page 5 of 10 Source(s) and amounts) of local matching funds to be used for this project, if any: Past Investment In the Site List all monies that have USEPA grant: $0.00 (Received 2003 USEPA Brownfield Hazardous been invested to date in this Substances Brownfield Grant for properties north of the project area. The site: City of Richmond is currently selecting a consultant and has not started this project.) USEDA funds: $0.00 USHUD funds: $0.00 IDFA grant: $124,134.00 (Year 2000, 19,167 Assessment Grant. Year 2002, $13,967 assessment grant. Years 2002-3, $91,000 PRGI grant.) IDOC Urban Enterprise Zone grant: $0.00 IDOC CDBG grant: $0.00 (CDBG Application submitted 2003 for clearance of debirs/overgrowth, lighting and building rehab/stabalization.) Private funding: $176,000.00 ($50,000 in cash donations, deposited in the Wayne County Foundation in 1980's. $126,000 in land donated for Gorge Trail leading into Starr-Gennett Area by SPUR (Society for Preservation and Use of Resources), a local non-profit organization.) Local funding: $594,000.00 (Funding used for rebuilding of South 1st Street, Building Demolition, matching fund for IDFA assessment grants, reuse/planning studies, and more.) Other: $10,000.00 (National Parks Service Challenge Cost Share Program. Funds used for pedestrian bridge over Whitewater River leading in to Starr- Gennett Area from Gorge Trail.) Future Investment in the Site List all monies that have are USEPA grant: $200,000.00 (Will be used to assess area north o Starr - expected to be invested in Gennett Area.) the future for this site: USEDA funds: $0.00 f Starr- USHUD funds: $0.00 IDOC Urban Enterprise Zone grant: $0.00 Private funding: $500,000.00 (Anticipated funding needed by Starr-Gennett Foundation to rebuild the recording studio on its original foundation.) Local funding: $100,000.00 (Grant match for CDBG grant we hope to obtain and additional site work.) Other: $594,000.00 (We have applied for a CDBG Brownfield Grant for lighting, clearance and building rehab/stabilization. We hope to receive these funds.) Additional Information Additional Information: Local Involvement Public Meetings According to the PRGI guidelines, a mandatory public meeting is required, When was the public meeting held?: 10/15/2003 Approximately, how many people attended: 9 Approximately, how many other public meetings have hN^e•//irifa hravPln �nm/html/TT1FA PR(:T Annlir2tnn print ac"9p;.4-1nn 0 PRGI Application -- Bravelo Teamworks 2.0 had this project on the Page 6 of 10 agenda: 2 Summarize the comments The grant request was on the agenda for the October 6, 2003 Richmond received from the public Common Council Meeting. The Richmond Common Council passed an meeting(s): ordinance approving the submittal of the grant application. A citizen spoke in favor of the ordinance and grant application during 2nd reading, public hearing. The grant was also included in the October 23, 2003 Richmond Parks and Recreation Board Meeting. The board spoke favorably of the grant request and encouraged the submittal of the application. The City of Richmond also received several support letters. They were mailed to the IDFA. Letters arrived from the Richmond -Wayne County Chamber of Commerce, Wayne County Economic Development Corporation, Have any negative comments Wayne County Tourism Bureau and Starr-Gennett Foundation. been received? No Local Brownfield Efforts Do you have an existing brownfields organization or coalition devoted to local brownfields redevelopment?: Yes Do you have a brownfields coordinator?: Yes Have you prioritized local brownfield sites?: Yes Estimate the number and Landfill: 1 type of other brownfield sites Agricultural Coop: 0 within your jurisdiction: Gas Station: 0 MunicipalBuilding: 0 Hospital: 0 Auto Garage: 0 Foundry: 0 Industrial Site: 3 Dry Cleaners: 0 Lumberyard: 0 Petroleum Terminal: 0 School: 1 Vacant Land: 0 Rail Yard: 2 Describe any other local The City of Richmond Planning Department, in conjunction with the Office of efforts made to inventory, Community Development, serves as the brownfields organization in charge assets, and redevelop local of addressing brownfield issues. Mr. Bob Goodwin, City of Richmond Brownfield sites in general: Planner, met with developers, real estate agencies and citizens in the past to prioritize brownfield sites. The City of Richmond is preparing to update that list the first of 2004. Have you received IDFA brownfields funding assistance In the past? Yes Project Name Pennsylvania Train Depot Type of Assistance Site Assessment Grant Date of Assistance 04/20/1999 Amount $21,522.00 Was the investigation complete within 1 Year of award? Yes httr�c•//irlfa 1-%ravPln nnm/html/TT1FA Anr%i;natinJn-_Dr nt aer,9D: 7_�nn n PRGI Application -- Bravelo Teamworks 2.0 Page 7 of 10 Was the remediation complete within 2 years of award? Yes Was redevelopment complete within 3 years of award? No Additional The asbestos has been remediated and IDEM Information issued a "comfort letter" on the property. The site is currently being marketed with two potential developers considering redevelopment. Project Name Starr-Gennett Area, Whitewater Valley Gorge Type of Assistance Site Assessment Grant Date of Assistance 09/22/2000 Amount $19,167.00 Was the investigation complete within 1 year of award? Yes Was the remediation complete within 2 years of award? No Was redevelopment complete within 3 years of award? No Additional The City of Richmond used this award to perform Information a Phase I, Phase II and geophysical survey at the Starr-Gennett site. The geophysical survey was completed in order to locate an UST that was discovered in the Phase I report. Project Name Starr-Gennett Area, Whitewater Valley Gorge Type of Assistance Voluntary Remediation Tax Credit Date of Assistance 03/26/2002 Amount $13,967.00 Was the investigation complete within 1 year of award? Yes Was the remediation complete within 2 years of award? No Was redevelopment complete within 3 Years of award? No Additional This award was used to perform additional Information assessment at the request of IDEM. Because of the assessment grants, IDEM felt the contamination plumes present were fully identified. The city used these results to apply for a PRGI grant to begin remediation. Project Name Starr-Gennett Area, Whitewater Valley Gorge Type of Assistance PRGI Date of Assistance 09/05/2003 Amount $91,000.00 Was the investigation complete within 1 Year of award? No Was the remediation complete within 2 Years of award? No -- httr�e•//i�ifa hravPln rnm/html/TT1FA_ PR(;T An»li�ati�n print PRGI Application -- Bravelo Teamworks 2.0 Page 8 of 10 Was redevelopment complete within 3 years of award? No Additional The City of Richmond has not started this portion Information of the project yet. The City of Richmond is working closely with IDFA to finalize contracts and grant agreements. Additional Information Additional Information: The existing organization devoted to brownfield redevelopment is the Cit of Richmond Office of Community Development and Richmond Planning y Department. Local Impact Comprehensive Plans and Zoning Ordinances Does the applicant have a Comprehensive Plan?: Yes When was it last updated?: 01/01/2000 Does the applicant have local Zoning Ordinances?: No Planned Reuse What is the planned reuse?: The City of Richmond, working with various Community groups, a redevelopment plan for the reuse of the Starr-Gennett area of the created Whitewater Valley Gorge. Those plans include developing the area into a multi -purpose park in the heart of the City. As part of the plans several things will and have taken place. The Gorge Trail (southern trail) has been completed, the Cardinal Greenway (northern trail) has been completed, the reconstruction of South 1st Street was completed during the spring of 2003, and the Starr-Gennett Foundation is moving forward with plans for making a presence in the Starr-Gennett area. The two trails will connect in the Starr-Gennett area. Unfortunately we have not made this area open to the public due to safety concerns and contamination. One portion of the contamination will be partially resolved with a PRGI grant. The second area of contamination will be resolved with this PRGI grant. The "logo' building poses a threat to public health and safety. The building walls are not secure and could potentially lose bricks or fall, posing a great threat. In addition, there is a tremendous amount of growth and brush creating an unpleasant aesthetic appearance and legitimate threat due to poison ivy, thickets and more. A final issue that needs addressed is lighting. The facility needs to be well lit to serve its final Purpose as a community recreational space. The conduit was put in place when the street was rebuilt. The City of Richmond needs to procure funding to complete the lighting. The City of Richmond plans to clear all debris in and around the structure, remove the upper floor window openings, stabilize the walls, develop the six -story tower into a look out tower, and utilize the open space within the four walls as an open air picnic/community space. Once the Starr-Gennett area is open to the public, the Starr-Gennett Foundation plans to compliment the improvements by facilitating the reconstruction of the original recording studio on its original foundation. The Starr-Gennett Foundation has raised over $200,000 and has hired a director to develop the recording studio project. The City of Richmond has agreed to Provide the space in the Starr-Gennett area of the gorge for their project Discuss the investment in the when it comes to fruition in the coming years. site, marketability of the site, Per the question above, once the Starr-Gennett area is open to the public, the Starr-Gennett Foundation plans to compliment the improvements by f'ff"c•//;iiF� hrovAln rnm/html/iT1FA AR(:T An„1;nat;An Print acn9A;.1-177 o_.,— PRGI Application -- Bravelo Teamworks 2.0 Page 9 of 10 Potential increase of tax facilitating the reconstruction of the original recording studio on its original revenues to the applicant, foundation. The Starr-Gennett Foundation has raised over $200,000 and Potential job creation, and has hired a director to develop the recording studio project. The City of previous efforts to redevelop Richmond has agreed to provide the space in the Starr-Gennett area of the the site: gorge for their project when it comes to fruition in the coming years. The estimated investment is expected to exceed $500,000. Estimate the following values Employment Impact Number Average Wage (of all that apply) Jobs Created 0 Jobs Retained 0 Housing Impact Number % Low Income Housing Units Created 0 0 Units Retained 0 0 Local Tax Impact Before After % Change Property Tax 0 0 0 Income Tax 0 0 0 What is your desired remediation completion time? 06/01/2006 Please describe your overall Jeremiah Cox, one of Richmond's first settlers built the first mill in what is timeline for project now the Starr-Gennett area in 1806. 1806 is also the same year Richmond redevelopment and became a city. As a result, the City of Richmond has established 2006 as completion: the grand "reopening" of the Starr-Gennett area. The city is already making plans to hold a bicentennial celebration in the Starr-Gennett area the summer of 2006. As a result, many things need to take place before then. The following timeline demonstrates the city's timeline for the project: • 2004 - complete remediation in two contaminated source areas with PRGI grants • 2004-5 - perform clearance, add lighting and turn "logo" building into open air shelter for events and etc. These tasks would be performed with CDBG Brownfield Grant the City of Richmond has applied for and hopes to obtain. • 2005 - Starr-Gennett Foundation will complete interpretative signage, reconstruction of recording studio on original foundation. • 2005 - connect gorge trail in Starr-Gennett area to Cardinal Greenway. Area north of Starr-Gennett are will be assessed utilizing a U.S. EPA Assessment Grant. • 2006 - finalize redevelopment, additional clearance activities and prepare for 2006 grant "reopening" for Richmond Bicentennial Celebration. Additional Information Additional Information: The project will not directly create full time jobs. The project is utilizing local labor for construction, creating and retaining local jobs. Since the site will remian owned by the City of Richmond, it will not direct) y generate additional tax dollars. It will serve as an additional quality of life feature for the City of Richmond and will be yet another tool used to bring new business to Richmond. Environmental Data What is your desired RISC cleanup standard?: Do Not Know Is active remediation an acceptable remediation Investigation technique?: Do Not Know - ht "-flillfn hrnw-In enm/html/TT)FA PRigTT A nnlicatinn _Print astt9pit1-1,),)R R. t _ nnn PRGI Application -- Bravelo Teamworks 2.0 Has a Phase I Environmental Page 10 of 10 Site Assessment been completed?: Yes When?: 12/06/2000 By Whom?: Professional Services Industries (PSI) Has a Phase II Environmental Site Assessment been completed?: Yes When?: 11/27/2001 By Whom?: Professional Services Industries (PSI) If known, please indicate the environmental clean-up criteria/standards used in evaluating and analyzing environmental results. If not Assessments were performed in general accordance with scope and known, please also indicate limitations of the American Society for Testing and Materials (ASTM) that: standard E 1903-97. Remediation Have any remedial activities been conducted at the site?: No Was petroleum contamination found in the soil?: Yes Was petroleum contamination found in the groundwater?: No Other Contamination Was any other on -site contamination discovered?: No Have there been any previous IDEM or EPA enforcement actions taken at the site?: No Has the site been assigned a site number from IDEM?: Yes #BFD400018 Additional Information Additional Information: Storage Tanks Storage Tanks Are there storage tanks on - site?: No Additional Information Additional Information: htt»c //irlfa hraveln enm/html/TT)FA PRC:T A»nlinatin» Print. acn9Pir1— —199,9.,;1=-oon „ ,. EXHIBIT B • Part A: Fixed Price Remedial Bid from Consultant • Part B: IDEM — approved CAP from Consultant PRGI Bid -- Bravelo Teamworks 2.0 PRGI Bid Pagel of3 Bidder Information • Name of Company Submitting Bid: PSI • Person Submitting Bid: Ron Hosek Project Information • Project Name: Starr-Gennett Area of Whitewater Valley Gorge • PRGI Region: PRGI - Central • Anticipated Reuse of Site: The City of Richmond, working with various community groups, has created a redevelopment plan for the reuse of the Starr-Gennett area of the Whitewater Valley Gorge. Those plans include developing the area into a multi -purpose park in the heart of the City. As part of the plans several things will and have taken place. The Gorge Trail (southern trail) has been completed, the Cardinal Greenway (northern trail) has been completed, the reconstruction of South 1st Street was completed during the spring of 2003, and the Starr-Gennett Foundation is moving forward with plans ' for making a presence in the Starr-Gennett area. The two trails will connect in the Starr-Gennett area. Unfortunately we have not made this area open to the public due to safety concerns and contamination. One portion of the contamination will be partially with this PRGI grant. The "logo" building poses a threat to public health and safety. The building walls are not secure and could resolved with a PRGI grant. The second area of contamination will be resolved Potentially lose bricks or fall, posing a great threat. In addition, there is a tremendous amount of growth and brush creating an unpleasant aesthetic appearance and legitimate threat due to poison ivy, thickets and more. A final issue that needs addressed is lighting. The facility needs to be well lit to serve its final purpose as a community recreational space. The conduit was put in place when the street was rebuilt. The City of Richmond needs to procure funding to complete the lighting. The City of Richmond plans to clear all debris in and around the structure, remove the u window openings, stabilize the walls, develop the six -story tower into a look out tower, and utilize the open space within the four walls as an open air picnic/community space. upper floor Once the Starr-Gennett area is open to the public, the Starr-Gennett Foundation plans to compliment the improvements by facilitating the reconstruction of the original recording studio on its original foundation. The Starr-Gennett Foundation has raised over $200,000 and has hired a director to develop the recording studio project. The City of Richmond has agreed to provide the space in the Starrett area of the gorge for their project when it comes to fruition in the comin • Target Completion Date: 06/01/2006 9 Years. -Genn • RISC Cleanup Standard to be Achieved: Do Not Know Environmental Information 1. A. Approximate size and location of the Petroleum Area of Concern (PAC) to be addressed. Area 2 located west & northwest of the smokestack. No File Available to Download B. Source and nature of the petroleum contamination. unknown No File Available to Download C. Storage Tank Information Are there storage tanks on -site?: No D. • Non petroleum contaminants confirmed as present on No File Available to Download site? No • Non petroleum contaminants confirmed as present in the PAC? No No File Available to Download 2. Please describe the general evnironmental site conditions related to the following: a. Previous Soil sampling events, sampling locations, and sampling results in the PAC Previous soil sampling events: Phase II ESA - TPH (GRO/DRO) Phase III ESA - TPH (GRO/DRO), SVOCs, RCRA Metals, and pH Soil sampling locations: Phase II ESA - Eight borings (See map) httnc //irlfa hravPh cnm/ml/T1)FA PR (:T R;d Print asn?Pirl—1 oo e.: 7 — nnn n , PRGI Bid -- Bravelo Teamworks 2.0 Phase III ESA - Eleven borings ( See map) Page 2 of 3 Sampling results: Phase II ESA - TPH GRO: <20 ppm - 66 ppm; TPH DRO: <20 Phase III ESA -TPH DRO: <20 ppm - 21 000 ppm - 7,100 ppm, PAHs in Boring SA2-13. ppm; Some SVOC constituents, essentially Sampling Methodology: RISC b. Previous groundwater sampling events, locations, and sampling results in the PAC. Previous groundwater sampling events: Phase II ESA - VOCs and SVOCs. Phase III ESA - RCRA Metals (dissolved). Groundwater sampling locations: Phase II ESA - Eight borings (See map). Phase III ESA - Eleven borings (See map). Sampling results: Phase II ESA - VOCs: non -detect; SVOCs: Fluroanthene (76 ppb), Phenanthrene (110 ppb) & Pyrene (89 ppb). Phase III ESA - RCRA Metals: Below industrial cleanup levels. Sampling Methodology: RISC c. Please summarize the geologic and hydrologic conditions for the PAC. Groundwater flow inferred to be in a southwesterly direction. Groundwater level approximately 12 to 16 feet below ground surface. Soils consist mostly of silty clay with rubble/debris xin the topmost 5 to 6-foot layer and sand/gravel below approximately 10 feet. Corrective Action Summary I. Tank Removal a. Remove, transport, and dispose of all underground storage tanks identified in Section 3 - Environmental Section Total Cost: $0.00 1. Evacuate, transport, and dispose of 0 cubic yards of soil from the tank pit. Unit Cost. $0.00 Total Cost: $0.00 2. Remove, transport, and dispose of 0 gallons of tank contents. Unit Cost: $0.00 Total Cost: $0.00 b. Remove, transport, and dispose of all aboveground storage tanks identified in Section 3 - Environmental Section Total Cost: $0.00 1. Evacuate, transport, and dispose of 0 cubic yards of soil from the tank area. Unit Cost: $0.00 Total Cost: $0.00 2. Remove, transport, and dispose of 0 gallons of tank contents. Unit Cost: $0.00 Total Cost: $0.00 Total Cost for Tank Removal: $0.00 II. Delineation Activities a. Delineate vertical and horizontal extent of soil impacts in the following geographic areas relative to the PAC: Total Cost: $0.00 b. Delineate vertical and horizontal extent of groundwater impacts in the following geographic areas relative to the PAC Total Cost: $0.00 Total Cost for Delineation Activities: $0.00 III. Soil Remediation a. Remedlate all soil in the PAC to meet the RISC cleanup standard specified in the Project Information Section other If other, please describe: PSI proposes to use nondefault risk assessment and closure approach impacted soil at the Richmond site. The majority of soil impact has been confirmed to be present httnc://idfa.hraveln.c0m/html/TDFA p -RGT Biel Print.as"9 id=122,,;1—_onno-n_,_ PRGI Bid -- Bravelo Teamworks 2.0 Page 3 of 3 at depths ranging from 7 to 14 feet bgs. In most areas, approximately six feet of nonimpacted soil overlies the impacted material. Based upon the proposed development of the site as a park, the likelihood of direct contact exposure to impacted material is low, and it appears that the direct contact pathway may not be complete at the site. PSI proposes to establish the risk associated with the TPH concentrations in site soils using the fractionated analytical approach. The National TPH Criteria Working Group, and other such as the Massachusetts DEP, have established reference doses based upon surrogate behavior (individual chemicals with properties similar to those in specific carbon ranges). This data will be utilized to calculate the risk associated with the TPH in soil at the site. In the event that the target risk level of 1E-05 is exceeded for some of the source area soils, limited source area excavation/disposal may be performed to reduce the site risk to acceptable levels. Upon closure approval, a 4-inch top soil covering will be provided (up to one acre) followed by a grass hydro seeding. Please describe why you chose this method: Excavation and disposal (dig and haul) was considered. The problem with this method is that in most areas on the site, there is approximately 8 feet of overburden that is clean before contamination was found. This method, therefore, would be relatively expensive. In some areas, the contaminated soil was in the smear zone only, so even after a "dig and haul" some contaminants will remain anyway. The disadvantages of removal is an advantage of a risk -based assessment. The contamination is significantly below the surface so as to greatly reduce exposures. Expected Completion Date: 1 yr. Total Cost: $177,554.00 Iv. Groundwater Remediation a. Remediate all groundwater in the PAC to meet the RISC cleanup standard specified in the Project Information Section Total Cost: $0.00 Cost Total Cost: $177, 554.00 httns-//idfa.hraveln.com/html/TT)FA _PR__ (Ti_ Rid Print. asn?Pid=122&i 1 , , EXHIBIT C Consent from Property Owner (if required) EXHIBIT D • PRGI Guidelines L? BACKGROUND F n Grant (PRGI) Gui The 2002/2003 Budget Bill, passed in the 2001 Indiana Legislative Session, transferred $9 million from the Excess Liability Trust Fund (the "ELF") to the Environmental Remediation Revolving Loan Fund (the "Brownfields Fund") for the specific purpose of remediating petroleum contamination at brownfields sites. The Petroleum Remediation Grant Incentive (the "PRGI') has been developed to utilize the transferred funds and is the first state funding source for actual cleanup and regulatory closure that will be available in grant form. The Indiana Brownfields Advisory Group, a bi-partisan panel of state legislators, local elected officials, stakeholders, and other environmental professionals, provided input on the integration of the new PRGI funding into the current Indiana Brownfields Program. The Advisory Group with the creation of the Brownfields Program and provided excellent direction for this new nce t ve. tCai_ick here to view minutes from the PRGI development Advisory Group meetings. The following guidelines are a synthesis of staff effort, Advisory Group recommendations, and general input from interested stakeholders. GENERAL INFORMATION • As with the current Brownfields Low Interest Loan and Brownfields Site Assessment Grant incentives, funding from the new PRGI will be distributed directly to cities, towns and counties. • Application must be made by the city, town, or county, and awards will be made following a competitive grant process. • PRGI funding will not be available to parties who caused or contributed to contamination at the brownfields site under consideration. • PRGI funding will not be retro-active; environmental remediation activities conducted prior to application and an award are not eligible for reimbursement. • The PRGI has been intentionally designed to avoid benefiting sites and/or constituents otherwise eligible for the ELF Program. Eligibility for ELF assistance disqualifies most projects from receiving PRGI assistance. Click here for additional information on the ELF Program. • The activities to be funded by the PRGI will be remedial, not investigative, in nature. In order for a brownfield site to be eligible for PRGI funding, site -specific environmental data (e.g. 'Phase I and ll" site assessment reports) must be available. In part, the competitiveness of an individual PRGI application will be proportional to the amount of environmental data available and submitted for the brownfield site being considered. • The environmental goal for all PRGI projects will be a No Further Action (NFA) Letter from IDEM. The issuance of a NFA will demonstrate that petroleum cleanup is complete, thus promoting redevelopment and positive economic impacts. • Approximately $9 million will be made available for awards. • Maximum assistance from the PRGI will be $250,000 per project. An applicant may receive assistance for only one project per application round. • Primary PRGI assistance will take the form of grants. For those projects that require funding in excess of the maximum grant amount ($250,000), additional funding sources deemed necessary to PRGI Guidelines Indiana Development Finance Authority Revision August 19, 2003 Page 1 complete remedial activities must be demonstrated. The existing Brownfields Low Interest Loan incentive is one possible source for additional funding that can leverage a PRGI award. Grant recipients will be required to execute a Financial Assistance Agreement with the IDFA and the State Budget Agency. APPLICATION INFORMATION Cities, towns and counties may apply for a PRGI award to fund petroleum remediation activities at their chosen brownfield site. As allowed, other political subdivisions, not -for -profit corporations, and private parties may be co -applicants for PRGI funding. The applicant or co -applicant does not need to own the brownfield site in question, although written permission must be provided by the site owner to perform necessary remedial activities at the site. Application Deadlines: The second PRGI application round will begin August 20, 2003 and will conclude October 1, 2003. Subsequent grant rounds will commence quarterly thereafter, beginning on January 1, 2003. Dates of application deadlines will be published in advance on IDFA's and IDEM's respective websites and distributed via e-mail to parties who have requested notification. Application Procedure: An Internet -based system will be utilized for the community application process. Applicants will use a unique log -in name and password for security purposes, and the majority (if not all) of the applicant's project information will be entered using the online system. Technical support, as necessary, will be available to applicants during the preparation of their grant. Where feasible, other resources may be made available to assist communities in obtaining Internet access for application purposes. Click k here to enter the on- line PRGI system. Funding Allocation: PRGI funding will be allocated based first on 1 and then based on (2) community size. ()geographic region, PRGI Guidelines Indiana Development Finance Authority Revision August 19, 2003 i1) Geoaranhic Region_ Three (3) geographic regions (North/Central/South) have been created for PRGI distribution, as illustrated on the attached map. Approximately $3 million (total) will be made available for each region. I2) Community Size Funding will also be allocated based upon community population, according to 2000 U.S. Census data. PRGI funding will be allocated according to the percentages provided for Categories One and Two, described below. Category One Cities, Towns, and Counties with 22,001 population or more = 50% Category� Cities, Towns, and Counties with 22,000 population or less = 50% Excess funding capacity per category, per region, per round may be re -allocated to another category, region, or round at the discretion of IDFA based upon the demand demonstrated in the previous round(s). Page 2 ELIGIBILITY INFORMATION To be eligible for PRGI funding, all sites must qualify as a brownfield site based on the working definition of a currently be impacted by petroleum to receive PRGI assistance. brownfield utilized by the Indiana Brownfields Program. Soil and/or groundwater at each site must also PRGI funding is directly available only to cities, towns and counties. However, it is recognized that other entities - like not -for -profit organizations and private developers — play critical or sometimes primary roles in successful redevelopment projects. These instances involve partnerships whereby the direct applicant (the city, town or county) applies for funding on behalf of the co -applicant organization or individual. PRGI funding is available for these projects, as well as projects initiated entirely by local administrations, as described below. Public Projects: Sites that are undertaken entirely by local administrations must fall into two (2) general categories to be eligible for PRGI assistance. The first category of eligible sites includes brownfields that a city, town or county has voluntarily acquired for the purpose of redevelopment, or perhaps acquired involuntarily through a gift or estate disposition. The second category of public sector projects includes abandoned brownfields that are tax delinquent. These sites are eligible for assistance only if they have been through the requisite number of tax sales without being purchased. If the property is beyond the cure period for back taxes, the local government may apply for PRGI assistance in an effort to eliminate environmental impairments and thereby encourage the sale and redevelopment of the property in question. Partnership Projects: Cities, towns and counties can also apply for PRGI assistance for le " Projects that entail a public/private partnership. Eligibpartnership" sites fall into two (2) general categories. The first category involves sites whose private sector owners did not cause or contribute to any contamination (including but not limited to petroleum) at the site. These owners must have also obtained the site through an "arm's length transaction."* Acknowledging redevelopment as the ultimate goal, the applicant must describe how the redevelopment plans of the private sector partner are consistent with the needs or desires of the community. PRGI Guidelines Indiana Development Finance Authority Revision August 19, 2003 The second category of partnership sites involve private owners who can demonstrate, following a financial analysis by the State, that financial hardship has interfered with their proper and timely remediation of the site. In these instances, the local administration may apply for PRGI funding on behalf of the owner if the owner agrees to transfer title of the property to the municipality or a development entity of their designation prior to the grant award. In this scenario, the site is eligible even if the current property owner caused or contributed to the contamination on site. Similar to the first category of Partnership sites, the owner must have originally Purchased the site through an "arms length transaction." Although the transfer of title under this scenario will not legally eliminate the owner's environmental liability, it may accomplish a measure of liability reduction. Page 3 Ineligible Sites: Petition Sites: SCORING CRITERIA * (Arm's length transaction — Said of a transaction negotiated by unrelated parties, each acting in his or her own self interest; the basis for a fair market value determination. A transaction in good faith in the ordinary course of business by parties with independent interests.) The following scenarios describe sites that are ineligible for PRGI assistance: • Active ELF sites • Sites that can obtain ELF eligibility • Sites that could have obtained ELF eligibility and cannot demonstrate that financial hardship previously existed • Sites that have active petroleum operations • Sites that present an imminent threat to human health or the environment • Sites that have a pending IDEM or U.S. EPA enforcement action • Sites whose owners caused or contributed to any contamination at the site (unless hardship can be demonstrated) All brownfields projects are unique and complex by nature. The PRGI guidelines contemplate most, but not all scenarios that may be encountered during the course of a redevelopment project. In the situation where there is an over-riding benefit to the community for PRGI funding, an applicant can petition IDFA for a waiver of, or modification to, any of the guidelines provided herein. The existence of a petition opportunity does not obligate IDFA to grant any petition so submitted. Similar to the Site Assessment Grant Incentive, projects presented for PRGI funding will be competitive) evaluated based in part upon the following scoring criteria. Y 1• Demographic Factors (76 possible points) A. Net Assessed Value Per Capita (20 possible pts) Up to 53% of Indiana's median Net Assessed Value Per Capita Between 53% and 66% of Indiana's median Net Assessed Value Per Capita 20 Pts Between 67% and 113% of Indiana's median Net Assessed Value Per Capita 10 pts Between 114% and 200% of Indiana's median Net Assessed Value Per Capita 15 Pts In excess of 200% Indiana's median Net Assessed Value Per Capita pts B. Poverty Rate (20 possible pts) 0 pts Zip codes with more than 170 households receiving TANF* Zip codes with less than 170 but more than 40 households receiving TANF 20 Pts Zip codes with less than 40 but more than 11 households receiving TANF 10 Pts Zip codes with less than 11 but more than 0 households receiving TANF 5 Pts 0 Pts C. Is the site located in any of the following: Community Revitalization Enhancement District (CRED), Urban Enterprise Zone, "Dinosaur' building, federally -designated Enterprise Zone, or community/locally designated Brownfrelds Revitalization Zone or Slum and Blighted Area? Does the site include a building that qualifies for "Dinosaur' status? 05 possible pts) D. List the C PRGI Guidelines -Sus Tract in which the Site is located. (20 possible pts) Indiana Development Finance Authority Revision August 19, 2003 Page 4 " (Temporary Assistance to Needy Families) 2. Leverage of Funds (75 possible points) Local public or private funds that have been / will be invested in the project (as a percentage of the $250,000 maximum potential grant award) will be considered as leverage. In -kind services are not considered matching funds. 50% or greater leverage 75 pts 35% - 49% leverage 60 pts p 20% - 34% leverage 50 pts 10% - 19% leverage 40 pts Under 10% leverage 20 pts No match 0 pts 3. Local Support for Project (100 possible points) A. Neighborhood Comment and Input (50 possible pts) Plans announced at mandatory public hearing, comments sought from public 20 pts Favorable responses received and/or proactive follow up to negative comments 10 pts Additional or more focused community and/or neighborhood input sought 20 is P B. Coordinated Local Efforts (50 possible pts) Local coalition/organization meeting and working regularly on brownfields issues and/or brownfields coordinator designated; local brownfields sites identified and/or prioritized -- 50 pts Joint local effort by numerous parties to apply for grant; some type of coalition to address brownfields issues locally -- 35 pts Firm plans to form brownfields workgroup or coalition to address brownfields issues locally — 20 pts No brownfields workgroup or coalition exists to address brownfields issues locally; joint local effort by more than one party to apply for grant — 10 pts 4. Economic and Community Development Potential for Site -Subjective (100 possible points) Points based on responses provided in the narrative section(s) of the on-line application. Applicants should focus on the following: • Long term plans for property, including its place in the overall economic and community development plans of the community; • Potential for project success based on formal contracts or designated funds to accomplish remediation and redevelopment; • Impact project will have on overall economic development plans of community, including potential increase to taxbase, job creation and investment in project property; • Impact project will have on overall community development plans of the community, including the creation, preservation, or addition to a park, greenway, recreational facility, or other municipal benefit; PRGI Guidelines Indiana Development Finance Authority Revision August 19, 2003 Page 5 • Previous local efforts to redevelop property and/or address environmental issues of the site; • Address the marketability of the site, if applicable. 5. Environmental Data (50 possible points) Projects will be scored for the amount of environmental data collected and available prior to the time of application. Points will be awarded based upon the extent to which on defined. -site contamination has been Nature of contamination defined in soil Nature of contamination defined in soil and groundwater 5 pts Nature and extent of contamination defined in soil 10 pts Nature and extent of contamination defined in soil and groundwater 30 pts Nature and extent defined in soil and groundwater in compliance with RISC 45 pts 40 pts Nature and extent defined in soil and groundwater per RISC, plus remedial design 50 pts 6. Historic Redevelopment Performance To recognize the high demand for state brownfields assistance, and to encourage greater accountability between ALL brownfields project stakeholders, the following matrix will be utilized to recognize previous applicant performance throughout the various stages of the redevelopment Process. Previous awardees/sites will be considered under this performance matrix, but only on a moving forward basis with respect to the achievement of milestones. REDEVELOPMENT MILESTONES Full Assessment Not Completed Within One Year of Award* Remediation Not Completed Within Two Years of Award* Completed Within Three Years of Award* NUMBER OF SITES RECEIVING STATE FUNDING 1 2 3 deduction lion 60 pt 100 pt deduction deduction 25 pt deduction 20 pt deduction 35 pt deduction 30 pt deduction * Note: "Date of Award- considered as the date grant contracting is completed CONSULTANT and TECHNICAL INFORMATION 60 pt deduction 40 pt deduction The remedial activities completed with PRGI funds will follow a "Pay-Fqr-Performance" (PFP) model. PFP will provide a streamlined system of paying for — and achieving — complete cleanups at PRGI brownfields. Click here and here for additional general information on PFP from the National Governor's Association and the U.S. EPA. As a component of PFP, the on-line application process will include functionality that will allow environmental consultants to prepare and submit on-line bids for remedial activities at local PRGI sites. Environmental consultants with a substantial Indiana presence and office have been pre -qualified for participation in the bidding process for PRGI projects. A list of the PRGI Qualified Consultants can be viewed by clickino here. Remedial activities to be conducted with PRGI funds include, but are not limited to: in -situ soil and groundwater cleanup, soil excavation and disposal, underground storage tank removal and disposal. limitari PRGI Guidelines Indiana Development Finance Authority Revision August 19, 2003 Page 6 aboveground storage tank removal and disposal, and confirmatory sampling/monitoring activities. Broadly speaking, remediation activities conducted with PRGI funds must be performed consistent with RISC guidelines. Specific Corrective Action activities must receive IDEM approval prior to implementation. Additional costs incurred due to specific requirements of the Voluntary Remediation Program (i.e. consultant oversight fees, application fee, etc.) will not be covered by the PRGI. CONTACT INFORMATION We welcome comments on the PRGI at any time. Questions regarding these guidelines or the PRGI can be directed to Calvin Kelly, IDFA deputy director, by email at ckellvna idfa state in us or by phone at (317) 233- 4332. These guidelines may be modified at any time by the IDFA Board to address demand and other issues to promote the effective and efficient administration of the IDFA Brownfields Program. 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CD CD v CD j " _a 3. n CD0 N = CL mv `. < ,< a3 0 o• CD O CJ1 O O e e e e _0 CD O mD CD CD 3 N p' O a 0 N O @ n. !A CD CD < Mn' OCD <. O OCD N `. O CDN N a)a) CD i �-. 0N CD 3 c o CL m CL < 3 cD CD y � °;3° m n� v CD cr r« ° o v CD O CD -+• O 7 X CD -.h CL O 0 0 aCDD O O <3CD In Cv m m 0 m 3 CL5.Q 00 (n .0 N S. CT N O CD CD 3COD 3° M N y CL O 3 CD _� N CD 3 °' 3 00 CD 0 �• CD CD 0 ti o' �- z O N �° o �• CD Indiana DevelopmeiFinance Authority Lt. Governor Katherine L. Davis Secretary Manager VIA OVERNIGHT DELIVERY November 5, 2004 The Honorable Sally Hutton Mayor, City of Richmond c/o Tony Foster II 50 North 51h Street Richmond, IN 47374 Dear Mayor Hutton: It is my pleasure to write today and give the City of Richmond (City) notification to proceed with the environmental remediation work associated with the Petroleum Remediation Grant Incentive (PRGI) award from the Indiana Development Finance Authority (Authority) for the Starr-Gennett brownfield site. I am enclosing a copy of the executed grant contract for your file and a copy of the contract has also been uploaded to our online management system. Staff members from the Authority and the Indiana Department of Environmental Management (IDEM) have also recently met to review technical and communication procedures for the project. Please consider the following items in order to insure adequate communication for all parties: • IDEM is to receive a minimum of two (2) weeks notice from PSI, Inc. (PSI) prior to their commencement of field activity. • The designated IDEM Project Manager for this stage of work will be Andrea Robertson. In consultation with IDFA, Ms. Robertson will advise PSI and the City directly on all technical matters related to the grant. It is imperative that PSI obtain the requisite IDEM approvals referenced in the PRGI Guidelines and the PRGI Grant Agreement. • The designated IDFA contact for this stage of work will be Sara Westrick (317-233-4332). In consultation with IDEM, Ms. Westrick will advise PSI and the City on all financial matters related to the grant. • The online management system (Bravelo) should be the primary mechanism for all parties to communicate, share project files, etc. Any technical support needs related to Bravelo should be directed to IDFA (Sara Westrick). Thanks again for your patience during the contracting process. In addition to the above requests that we have made, please don't hesitate to let the Authority know what more can be provided to make the project proceed most effectively for the City. We look forward to the successful completion of these activities, as I am sure you do as well. One North Capitol, Suite 900, Indianapolis, Indiana 46204 phone 317-233-IDFA (4332) fax 317-232-6786 web www,in.gov/ldfa Sincerely, W. Calvin elly Deputy Director Enclosure cc: Sara Westrick, IDFA (via Bravelo) Andrea Robertson, IDEM (via Bravelo) Ron Hosek, PSI, Inc. (via Bravelo and Overnight Mail)