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.
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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.
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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
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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
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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
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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
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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
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PRGI Application -- Bravelo Teamworks 2.0
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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
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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
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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
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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:
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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)
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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
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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
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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.
Revision Date: 8/19/03
PRGI Guidelines
Indiana Development Finance Authority
Revision August 19, 2003
Page 7
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EXHIBIT E
PFP — PRGI Activities and Objectives Summary and Schedule
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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)