1-Environmental Consultant RFP FINAL 2025.11.18.pdf

REQUEST FOR PROPOSALS

RFP26027

Professional Environmental Consultant

Issued By:

Planning and Development Department 225 4th Street North

Fargo, North Dakota, 58102

RFP Close:

January 7, 2026 @ 1:00 PM CST

Introduction The City of Fargo (“City”), through the Planning and Development Department, is soliciting proposals from qualified professional environmental consulting firms to conduct and complete an environmental review in accordance with 24 CFR Part 58 for a project funded by a Community Development Block Grant (CDBG) received by the City. These services will include all aspects of the environmental review process required by the Department of Housing and Urban Development (HUD), which are more fully described in the Scope of Work section.

The purpose of this RFP is to select and contract with a firm to prepare and submit a complete Environmental Review Record (ERR) inclusive of all required documentation, consultations, public notices, and determinations necessary for the City to obtain environmental clearance prior to committing CDBG funds or initiating construction activities.

Proposals will be received until 1:00 P.M. Central Standard Time Wednesday, January 7, 2026.

The City of Fargo reserves the right to reject any or all submittals or accept what is, in its judgment, the submittal(s) which is/are in their best interest. The City further reserves the right, in the best interests of the City of Fargo, to waive any technical defects or irregularities in any/all submittals.

All questions regarding this RFP shall be submitted through the Bonfire portal. Responses to questions will be posted as an Addendum titled “Questions and Answers”, with public view to all Vendors. Vendors are invited and encouraged to ask as many questions as are necessary to reach a thorough understanding of any of the requirements.

Discussions may be conducted with responsible Proposers whose submittals have an opportunity to be reasonably susceptible of being selected for award for purpose of classification to assure full understanding of, and responsiveness to, the solicitation requirements.

Proposers shall submit proposals online at fargond.bonfirehub.com/

Tentative Schedule

Schedule Item Date City Publishes RFP 11/19/2025 Questions Due 12/15/2025 @ 3 PM CST Addenda (if any) Issued and City Question Response Deadline 12/22/2025 Electronic Proposal Submission Deadline 1/7/2026 @ 1 PM CST City Proposal Review Period 1/8/2026-1/14/2026 City Commission: Proposal/Contract approval 1/20/2026

Project Description The proposed project includes alley paving and associated infrastructure improvements (grading, drainage improvements to include storm water quality, and other related work) to address hazardous/deteriorated conditions and make preventative improvements in support of neighborhood safety and improved livability.

The environmental review will cover the defined service area of alleys and adjacent blocks between 7th Avenue North to 12th Avenue North and 25th Street North to 29th Street North in Fargo, North Dakota. The residential service area contains 16 gravel alleys.

The entirety of the geographical boundary will be included in the Environmental Review. Annually 1 to 4 alleys will be paved over the course of 7 years.

Note: This RFP and the area description do not constitute commitment to any construction activity and do not authorize any choice-limiting actions.

The environmental consulting work is anticipated to start directly after the contract is executed. The successful Proposer will be involved and integral in a multi-phased active construction process.

The selected Proposer will provide environmental consulting services as outlined in the Scope of Work section.

Project Timeline The following timeline is approximate and is subject to change as determined by the City.

Timeline Item Date Award 1/20/2026 Project submittal through HEROS Upon completion of the Environmental Review to the appropriate level Findings and remediation as needed Coordinated and executed within construction plans Construction drawing finalization Post release of funds Inspections Per alley Close out project and environmental record Per alley through the entirety of the scope of work

Selection Process All responsible proposals submitted for this project will be evaluated and ranked based on the evaluation criteria outlined in the Evaluation Criteria/Selection Criteria section. The Proposer ranked the highest by the evaluation committee will negotiate the details of the final contract with the City and City Commission approval of the award will be requested. Upon City Commission approval, the contract will be signed, and work may begin. Should the City be unable to reach an agreement with the top-ranked Proposer, negotiations will commence with the next highest ranked Proposer. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals.

Proposals will be considered only from Proposers or individuals who are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City may request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered non-responsive.

Period of Award The terms of the contract is anticipated for a 7-year period or when the project is complete. Upon the expiration of said period, the contract will terminate automatically, without notice, written or oral.

Licenses The proposer who is awarded this contract shall be responsible for obtaining and paying for any necessary licenses, and for complying with all applicable federal, state, and municipal laws, codes, and regulations in connection with fulfilling the terms of this contract.

Addenda to the RFP The City reserves the right to amend this RFP by an addendum at any time prior to the date set for receipt of proposals. Addenda will be posted on Bonfire as soon as available, and it shall be the responsibility of the applicant to obtain all addenda. If revisions are of such magnitude to warrant, in the City’s opinion, the postponement of the date for receipt of proposals, an addendum will be issued announcing the new date.

Scope of Work Terms of Service The selected Proposer, upon executing the Contract Agreement, will complete the environmental review process as described below. The Contract Agreement will be in effect until the proper level of environmental review, including any special studies and additional assessments required to complete the environmental review, have been performed and recorded.

This RFP is for a non-exclusive Service Agreement with the City. The City will not enter into an exclusive Agreement with a successful proposer. At any time, the City may award agreements to other Proposers for any and all aspects of professional environmental consulting services it sees fit.

General Information All projects or programs approved for funding must meet the requirements of the National Environmental Policy Act (NEPA) and 24 CFR Part 58, HUD Environmental Review Regulations, before the City may fund the project. The projects fall into four categories:

A. Exempt per 24 CFR 58.34 B. Categorically Excluded Not Subject To statues per 24 CFR 58.35(b) C. Categorically Excluded Subject To statutes per 24 CFR 58.35(a) D. Environmental Assessment per 24 CFR 58.36

The selected Proposer will prepare and submit the required environmental review records to the Department of Housing and Urban Development (HUD) via the HUD Environmental Review Online System (HEROS) and shall be responsible for ensuring the acceptance of those records by HUD subject to all applicable federal requirements.

If a Phase I or Phase II Environmental Site Assessment (ESA) is required it must be conducted using current American Society for Testing and Materials (ASTM) standard practices including records review, site reconnaissance, interviews and reports to identify recognized environmental conditions

The selected Proposer will be solely responsible for all costs incurred during the environmental review process, including, but not limited to: travel time and costs, food, lodging, postage, shipping, reproductions, and subcontracts.

Environmental Consulting The work to be performed by the Proposer for the project, includes but is not limited to, the following:

1. Determine and provide the appropriate level of environmental review consistent with procedural requirements of the National Environmental Policy Act and 24 CFR Part 58, HUD and CDBG program regulations;

2. Consult and coordinate with oversight/regulatory agencies to facilitate environmental review process completion;

3. Perform or contract special studies, additional assessments, or permitting to complete the environmental review process. These may include, but are not limited to: biological assessments, wetland delineations, archeology studies, architectural reviews, Phase I or II Environmental Site Assessment (ESA), etc.;

4. Maintain close coordination with members of the project team, including but not limited to: attending project meetings, to assure appropriate level of environmental review is performed and no work is conducted without authorization;

5. Conduct at least one site visit to project location and complete a field observation report, additional site visits to be conducted as warranted;

6. Prepare text for all required public notices to City staff who will be responsible for publishing;

7. Provide text for all correspondence with all other required regulatory agencies to City staff who will be responsible for sending the information to the appropriate agencies;

8. Assist the City in response to any public comments or questions received from HUD or any other federal or state regulatory agencies pertaining to the environmental review process;

9. Advise and complete environmental reevaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required;

10. Prepare and submit the required environmental review records to HUD via the HUD Environmental

Review Online System (HEROS) and ensure the acceptance of those records by HUD subject to all applicable federal requirements;

11. Compile all necessary information in the format specified by HUD for that level of environmental review and provide the City with one bound copy for execution by the Certifying Officer.

Deliverables

1. Draft environmental review record

2. Final environmental review record ready for HUD monitoring, including all evidence and documentation for the related laws and authorities

3. Copies of all consultation letters and agency responses

4. Certification of environmental compliance

Proposal Submittal Requirements Submittal Format In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that the Proposals include the information and be organized in the manner specified below.

A. Cover Letter A letter of introduction which includes the name, address, telephone number, and email address of the contact person(s) authorized to represent your firm. This letter should be signed by an officer of the firm authorized to bind the firm to all commitments made in the response.

B. Qualifications and Experience Provide the following:

• Brief history and description of your firm, including current corporate structure;

• Summary of qualifications, including the ability to fulfill the specific requirements of the RFP;

• Narrative describing your firm’s role, experience and capability in providing specific NEPA and compliance services to other HUD-funded clients in the past 5 years. Include information about ERRs completed for as many different categories of projects as possible, identify the citation defining the category, and submit an example of at least one completed ERR for each category;

• Describe your firms experience with CDBG environmental reviews under 24 CFR Part 58, include knowledge of Section 106, NEPA, floodplain, endangered species, and historic preservation;

• References of three clients with whom your firm has completed similar work. Please include contact information for each reference (name, address, phone number and email address).

• Describe your firm’s expertise in conducting Environmental Assessment Phase I and Phase II services;

• Determination of the appropriate level of environmental review and an outline of the process to complete the ERR for the project listed in the Project Description section;

• Brief resumés of personnel that will be involved with the environmental review;

• Firm’s proof of insurance which meets the federal, state, county, and local regulations;

• Proof of non-debarment from the System for Award Management (SAM.gov) with date.

C. Methodology and Approach Provide a detailed explanation of the firm’s approach and methodology, and include resources, methods, systems, and technologies to accomplish the tasks, services, and deliverables specified in the Scope of Work section.

D. Cost Proposal Payment for Services under this Project shall be based on actual hourly rates, with a total “not to exceed” maximum.

The Proposal shall include a cost proposal that includes the hourly rates for staff, estimated total hours, and “not to exceed” cap. The Proposal shall include an executed Cost Proposal Form (Exhibit C).

If the Proposer anticipates additional Services not addressed in the Cost Proposal Form which, in its opinion, will be required for the Selected Proposer to complete the Project, such additional Services shall be noted on the cost proposal form, with a general explanation of the Services, a brief justification as to why such Services may be required, and a corresponding proposal for the cost of such Services.

E. Supplementary Documents Include executed:

• Exhibit A – Certification Regarding Lobbying

• Exhibit B – Federal Clause Attachment Exhibit

• Exhibit C – Cost Proposal Form

Evaluation Criteria/Selection Criteria Proposals received on time will be opened in a non-public setting. Proposals will first be reviewed to ensure compliance with the terms of this RFP. Non-compliant or non-responsive Proposals will be rejected. The City will then evaluate the Proposals in accordance with the criteria listed below:

A. Qualifications and Experience: 35 points possible

• Experience related to projects similar in type and magnitude of services referenced in this RFP, using information provided in the Proposal

• Qualifications of proposed personnel

B. Methodology and Approach: 35 points possible

• Understanding of the required services

• Use of special methodologies or technologies

• Ability and evidence to perform all services within stated time constraint

• Communications and responsiveness

C. Cost Proposal: 30 points possible

• Total overall fee

• Approach to phasing and cost breakout

Regulatory Requirements This Request for Proposals (RFP) is issued in connection with a Community Development Block Grant (CDBG)– funded infrastructure improvement project. All work performed under the resulting contract must comply with the requirements of the U.S. Department of Housing and Urban Development (HUD), including but not limited to:

• 24 CFR Part 58 - Environmental Review Procedures

• 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit

Requirements

• 2 CFR Part 200 Appendix II – Required Contract Provisions

• 24 CFR Part 570 – CDBG Program Regulations

• All applicable federal, state, and local laws and policies.

A. Nondiscrimination and Equal Opportunity

The Consultant must comply with all applicable federal and state nondiscrimination and equal opportunity requirements, including:

• Title VI of the Civil Rights Act of 1964

• Section 504 of the Rehabilitation Act of 1973

• Americans with Disabilities Act (ADA)

• Age Discrimination Act of 1975

• Section 109 of the Housing and Community Development Act of 1974

• Fair Housing Act

• Executive Order 11246 (Equal Employment Opportunity)

Proposers must ensure nondiscrimination in employment, subcontracting, and delivery of services.

B. Minority, Women, and Disadvantaged Business Participation The City encourages participation from small and disadvantaged firms; businesses owned by minorities, women, and veterans; labor surplus area firms; and Section 3 business concerns (2 CFR 200.321; 24 CFR Part 75). Proposers are encouraged to include such firms in their project team and identify intended subcontracting opportunities.

C. Conflict of Interest Proposers must comply with conflict of interest requirements at 2 CFR 200.318(c), 24 CFR 570.611 and the City of Fargo Conflict of Interest policy (Policy 300-005).

D. Prohibition on Award to Suspended or Debarred Firms No contracts will be awarded to any Proposer that is debarred, suspended, proposed for debarment, or otherwise excluded from or ineligible for participation in any federal programs (2 CFR Part 180; 2 CFR 200.214; 2 CFR Part 200 Appendix II (H)). The successful Proposer must have an active registration in SAM.gov at the time of contract award.

E. Applicable Federal Requirements This solicitation and resulting contract are subject to all applicable federal provisions, including but not limited to:

• Compliance with environmental review responsibilities (24 CFR Part 58)

• Remedies for breach and termination clauses (2 CFR Part 200 Appendix II)

• Procurement of recovered materials (2 CFR 200.323)

• Access to records (2 CFR 200.337)

• Record retention (2 CFR 200.334-338; 24 CFR 570.506)

F. Required Federal Certifications

The successful Proposer must execute and submit the following standard federal certifications prior to contract execution:

• Certification Regarding Lobbying (Byrd Anti-Lobbying Amendment; 31 USC 1352; 24 CFR Part 87; 2 CFR Part 200 Appendix II (I)) (Exhibits A and B)

• Disclosure of Lobbying Activities (SF-LLL) – submit only if lobbying has occurred

• Certification Regarding Debarment, Suspension, and Ineligibility (2 CFR Part 180) (Exhibit B)

• Section 3 Acknowledgement/Certification (24 CFR Part 75)

• Affirmative Action & Equal Employment Opportunity Certification (EO 11246) (Exhibit B)

• Recovered Materials Certification (2 CFR 200.323)

• Access to Records Agreement (2 CFR 200.337) (Exhibit B)

• Conflict of Interest Compliance Certification (2 CFR 200.318(c); 24 CFR 570.611) (Exhibit B)

G. Contract Requirements

The following must be included in the City’s contract with the selected Consultant:

Required by the City of Fargo

• Compliance with the City procurement and contracting policies

• Indemnification and hold harmless provisions

• Insurance requirements

• Standard terms and conditions

Required by HUD

• Environmental review compliance (24 CFR Part 58)

• CDBG conflict of interest (24 CFR 570.611)

• Section 3 requirements (24 CFR Part 75)

Required by 2 CFR Part 200

• Record retention (2 CFR 200.334-338)

• Access to records (2 CFR 200.337)

• Conflict of interest compliance (2 CFR 200.318(c)

Required by 2 CFR Part 200 Appendix II

• Remedies for breach (Appendix II (A))

• Termination for cause and convenience (Appendix II (B))

• Equal Employment Opportunity (Appendix II (C))

• Debarment and Suspension (Appendix II (H))

• Byrd Anti-Lobbying Amendment (Appendix II (I))

• Procurement of Recovered Materials (Appendix II (J))

Insurance Requirements The selected Consultant shall maintain adequate professional liability (errors and omissions) insurance and general liability insurance, and provide certificates of insurance prior to work commencement. Workers compensation as required by North Dakota law shall be maintained by the selected Consultant as well.

The successful Proposer is required to possess the following minimum insurance coverages:

General Liability $1,000,000 per occurrence, $2,000,000 aggregate

Automobile Liability $1,000,000

Workers’ Comp $500,000

Umbrella $2,000,000

Exhibit A

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Organization: ______________________________________________________________________________________

Street address: _____________________________________________________________________________________

City, State, Zip: _____________________________________________________________________________________

CERTIFIED BY: ______________________________________________________________________________________ (type or print)

TITLE: _________________________________ ___________________________

(signature) (date)

Approved by OMB 0348-0046

Exhibit B

Federal Clause Attachment Exhibit

Project / Contract Title: _________________________________________________________________

Consultant: ___________________________________________________________________________

Name / Title: __________________________________________________________________________

Date: ________________________________________________________________________________

Instructions: Consultant to check each box and initial to certify compliance.

1. Debarment & Suspension

The Consultant certifies that it and its principals are not debarred, suspended, or otherwise excluded from participation in federal assistance programs under 2 CFR Part 180 and 2 CFR 200.214.

☐ Consultant certifies compliance

Initials: _______________________

2a. Anti-Lobbying

Consultant certifies that no federally appropriated funds have been or will be used to influence any federal officer or employee, or any Member of Congress in connection with this contract, in accordance with 31 U.S.C.

1352 (Byrd Anti-Lobbying Amendment), 24 CFR Part 87, 2 CFR Part 200 Appendix II (I), and 2 CFR 200.450.

☐ Consultant certifies compliance

Initials: _______________________

2b. Disclosure of Lobbying Activities (SF-LLL)

Complete form SF-LLL only if the contractor has engaged paid lobbyists in connection with this award.

3. Equal Opportunity / Civil Rights

Consultant certifies compliance with all applicable federal civil rights and equal opportunity laws and regulations, including but not limited to: Titles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act (ADA) and Fair Housing Act (42 U.S.C. 3601-3619).

Required for contracts over $10,000 under Executive Order 11246.

4. Conflict of Interest

Consultant certifies compliance with conflict of interest requirements in 2 CFR 200.318(c), 2 CFR 200.112, and 24 CFR 570.611 and agrees to disclose any potential conflicts to the City of Fargo.

5. Access to Records & Record Retention Certification

Required under 2 CFR 200.337, 2 CFR 200.334-338, and 24 CFR 570.506 the Consultant agrees to provide the City, HUD, and the US Comptroller General access to records and to retain all project records for a minimum of five (5) years following contract.

6. Additional Federal Compliance

☐ Consultant certifies compliance with all applicable provisions of 24 CFR Part 570 (CDBG regulations), 2 CFR Part 200, and other applicable federal rules.

Consultant Signature: _______________________

Exhibit C Cost Proposal Form

Cost proposals shall be based on actual hourly rates, with a total “not to exceed” maximum.

Fill out the below table for services to be provided for the project Service Cost Environmental Assessment Environmental Impact Statement Phase I Environmental Site Assessment Phase II Environmental Site Assessment

Fill out the below table for other services (if any) the firm deems necessary to complete the scope of work

Additional Service(s) Description

Justification

Cost

Fill out the below table with personnel that will be providing services for the project

Personnel 2026 Hourly Rate

Hourly Rate

Hourly Rate

Hourly Rate

Hourly Rate

Hourly Rate

Total “Not to Exceed” Proposal

Firm: ___________________________

Approved: _______________________ _______________________ _______________ Name Title Date

Exhibit C