NMCOG RFP 26-02 N Middlesex Brownfields Assessment Program QEP Services.pdf

Schedule RFP released:

Questions due:

Answers to questions posted:

Proposals due:

Potential interviews with consultants:

Contract window:

October 15, 2026 November 5, 2026 November 12, 2026 November 20, 2026 November 24, 2026 – December 11, 2026 December 18, 2026 – September 30, 2030

Questions All questions regarding this Request for Proposals (RFP) should be directed to:

Chris Hayes, Director of Housing and Economic Development, chayes@nmcog.org

Submission Proposals must be submitted electronically by Friday, November 20, 2026, at 4:00 PM Eastern Standard Time (EST); Email an electronic file to: chayes@nmcog.org All proposals will be opened on Monday, November 23, 2026, at 11:00 AM

RFP advertised at: www.nmcog.org, Goods and Services Bulletin, and COMMBUYS

REQUEST FOR PROPOSALS #26-02

NORTHERN MIDDLESEX

BROWNFIELDS ASSESSMENT

PROGRAM

QUALIFIED ENVIRONMENTAL

PROFESSIONAL SERVICES

if more space needed mailto:chayes@nmcog.org mailto:chayes@nmcog.org http://www.nmcog.org/

NMCOG RFP #26-02 N. Middlesex Brownfields Assessment Program – QEP Page 2 of 24

SECTION 1: INTRODUCTION AND PROJECT OVERVIEW

1.1 About the Northern Middlesex Council of Governments

The Northern Middlesex Council of Governments (NMCOG) is one of thirteen regional planning agencies within Massachusetts. NMCOG is based in Lowell and serves nine member communities— Billerica, Chelmsford, Dracut, Dunstable, Lowell, Pepperell, Tewksbury, Tyngsborough, and Westford. The planning district was created in 1963 pursuant to G.L. c. 40B, §3.

NMCOG advances the coordinated, efficient, and equitable development of its planning district by preparing studies and plans that promote economic growth, community prosperity, and the general welfare of its municipalities. Serving as both a regional leader and liaison across local, state, and federal levels, the Council fosters collaboration between municipalities and public and private sectors to address shared challenges. Guided by its vision to lead in sustainable regional planning, strategic resource allocation, and collaborative governance, the Council’s mission is to drive transformative change through inclusive planning that supports climate resiliency, democratized data, housing abundance, economic opportunity, natural resource preservation, safe and accessible transportation, and municipal stability—delivering direct technical assistance and promoting regional coordination in alignment with its Strategic Plan.

1.2 Project Overview

NMCOG is seeking a Qualified Environmental Professional (QEP) to provide technical support and conduct Phase I & II Environmental Site Assessments and Site Reuse & Cleanup Planning as part of a new regional Northern Middlesex Brownfields Assessment Program. This work is funded through a $500,000 Communitywide Assessment Grant (EPA-I-OLEM-OBLR-25-04) from the U.S.

Environmental Protection Agency (EPA).

Historically, the Merrimack, Shawsheen, Nashua, and Concord Rivers supported extensive industrial development throughout the Northern Middlesex region. The decline of the region's textile and manufacturing industries left a legacy of underutilized and potentially contaminated properties, including former mills, industrial sites, and associated infrastructure. These properties can present barriers to redevelopment while also offering significant opportunities for housing, employment, open space, economic development, and community revitalization.

https://www.nmcog.org/DocumentCenter/View/120/2025-to-2028-Strategic-Plan-PDF?bidId=

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The Northern Middlesex Brownfields Assessment Program will be the first step in transforming the sites through assessing contaminants within those sites and conducting reuse planning to guide eventual cleanup. This will ultimately lead to beneficial outcomes: revitalizing brownfields; reusing existing infrastructure; creating safe, resilient housing and jobs; and connecting community members to open space resources.

The selected QEP will lead program-wide and site-specific technical aspects of the program, including Environmental Site Assessments, which will be conducted throughout the nine-municipality region. NMCOG will lead the outreach portion of the program, including formulating a Brownfields Steering Committee (BSC), engaging with partner organizations, and scheduling and organizing communitywide meetings. NMCOG will also lead tracking and evaluating project outcomes through quarterly reports and feedback from the BSC.

1.3 Project Goals

This project is designed to set the stage for the future cleanup, remediation, and reuse of current brownfields sites throughout the NMCOG region’s nine communities. Reuse of historically contaminated and underutilized sites provides vital opportunities to address the health and social needs of the region’s many residents. The more specific goals are as follows:

1. Conduct a series of Environmental Site Assessments with guidance and input from local and regional stakeholders.

2. Create, update, and maintain key brownfields data sources that will be available for public review.

3. Conduct a series of assessments and studies to determine current brownfields site conditions and propose potential options for site reuse.

1.4 Project Budget

The not-to-exceed amount for the QEP firm contract resulting from this RFP is $434,400.00. This amount includes all QEP firm and subconsultant fees and all direct costs borne by the QEP firm in performing the Scope of Services.

The total EPA cooperative agreement award is $500,000. NMCOG will retain the remaining grant funds for NMCOG staff time, grant administration, and other eligible direct and indirect costs. The project budget in Section 2.2 identifies both the QEP firm contract amount and the anticipated NMCOG costs. The project budget reflects the allocation of grant funds between QEP services and NMCOG's grant administration and project implementation responsibilities.

1.5 Project Schedule

The anticipated date for contract award and Notice to Proceed date is December 18, 2026. The Consultant shall be prepared to commence work upon receipt of the Notice to Proceed per section

5.11. The grant period of performance spans four years starting October 1, 2026, and project must be completed by September 30, 2030. An anticipated schedule is proposed as part of the statement of work.

Should further brownfields and or response actions be required, the NMCOG reserves the right to retain the selected QEP firm for additional services beyond the original Scope of Work. The contract associated with this RFP is for a four year period as stated above, however, NMCOG may amend or extend this contract beyond the initial four years to accommodate the terms and conditions of the

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FY26 Brownfields Grant or future EPA grants awarded to the City within this four-year period provided a market survey conducted by the City indicates the prices the QEP firm (contractor) proposes are reasonable.

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SECTION 2: STATEMENT OF WORK

2.1 Program Scope of Services

The QEP firm must complete all tasks within the following scope of services. Both the budget and the workplan are aligned with those submitted to and accepted by the U.S. EPA. Coordination with NMCOG, the Brownfields Steering Committee (BSC), and other stakeholders is necessary for certain tasks. NMCOG will review all draft deliverables outlined below for completeness, technical quality, consistency with the Scope of Services, and compliance with applicable EPA requirements. The Consultant shall incorporate reasonable comments and revisions requested by NMCOG into final deliverables without additional cost when such revisions are necessary to correct errors, omissions, or deficiencies in the Consultant's work. While undertaking this work, the QEP shall comply with all terms and conditions in this RFP, including those within U.S. Environmental Protection Agency Cooperative Agreement Grant Number 00A01934 attached as Attachment F.

Task 1: Cooperative Agreement Oversight

This task includes the work required to oversee the cooperative agreement with the U.S. EPA, including coordination between NMCOG, the QEP, and the U.S. EPA.

Specific work to be undertaken by the QEP in this task shall include:

1. Conduct an in-person kickoff meeting with NMCOG, the BSC, and potentially EPA staff

2. Conduct virtual or in-person check-in meetings as needed with NMCOG, with a budget for at least one meeting per month

3. Prepare and provide the technical information and supporting documentation necessary for quarterly ACRES reporting for quarters ending December 31, March 31, June 30, and September 30, and other EPA-required reporting as needed. The QEP shall lead ACRES data entry, review, and quality control.

4. Assist with EPA Brownfields Assessment Grant closeout reporting, including providing any technical information and supporting documentation that is necessary

Task 2: Community Engagement

This task includes several levels of community engagement led by NMCOG and supported by the QEP. Community engagement must be transparent, comprehensive, and broad. Multiple methods will be used to share progress updates, including virtual town hall meetings for each project, quarterly newsletters, press releases, and a project-specific webpage. To ensure meaningful participation, the QEP/NMCOG team must put special focus on reaching sensitive populations, seeking background on local sites and sharing information about each phase of the assessment process. As ESAs are completed, the QEP will provide digestible Community Reports with findings for each ESA. Community-driven strategies will address local environmental concerns, promote inclusive decision-making, and enhance accessibility to community resources.

Specific work to be undertaken by the QEP in this task shall include:

1. Prepare one (1) Community Involvement Plan (CIP) for the program

2. Prepare an ArcGIS StoryMap or similar online application of all brownfield sites of interest

3. Assist with and attend up to four (4) communitywide meetings during program rollout

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4. Prepare up to sixteen (16) Community Reports for each ESA that are suitable for public review and assist NMCOG in sharing these findings

Task 3: Environmental Site Assessments (ESAs)

This task includes the technical work necessary to prepare and score site applications, select sites for Environmental Site Assessments (ESAs), and conduct the Phase 1 and Phase 2 ESAs on selected sites. The QEP will lead this work, with NMCOG assisting as appropriate. Phase 2 ESAs should be undertaken hand-in-hand with re-use planning and maximize efficiencies and minimize negative impacts of site assessments by incorporating resiliency and sustainable principles/techniques that are applicable to Phase II assessment activities. Site assessments must be performed in accordance with all Federal, State, and Local requirements which include but are not limited to 310 CMR Section 40.0000, Massachusetts Contingency Plan (MCP). All Phase I ESAs shall be conducted in accordance with the All Appropriate Inquiries Rule, 40 CFR Part 312, and applicable current EPA requirements, including ASTM E1527-21, as applicable. Each Phase I ESA shall include all documentation required by EPA and shall be accompanied by the applicable EPA AAI Reporting Requirements Checklist. No work shall be undertaken without prior written EPA approval. QEP shall provide required ACRES reporting accompanying all work under this task per EPA requirements.

Specific work to be undertaken by the QEP in this task shall include:

1. Phase I and Phase II ESA Site Selection

a. Gather recognized and potential brownfield sites in the region and enter sites on a

GIS mapping tool for planning and marketing

b. Coordinate with NMCOG and the BSC to prepare a Site Application, including working with EPA to integrate eligibility criteria into application

c. Assist BSC in scoring, ranking, and prioritizing sites when necessary with a goal of identifying at least three (3) eligible sites in initial inventory search and nine (9) additional sites identified during the remainder of grant

2. Phase I ESAs

a. Evaluate selected site access issues and provide site eligibility information to EPA

b. Obtain access agreement for up to eight (8) Phase I ESAs

c. Prepare up to eight (8) Phase I ESAs to identify potential contamination risks

d. Submit Phase I AAI Checklist to Project Officer for up to eight (8) Phase I ESAs

e. Prepare any/all permits required for the subsequent Phase II investigation

f. Conduct all required state (e.g. under the MCP) and EPA reporting

3. Phase II ESAs

a. Prepare any site-specific Quality Assurance Project Plan (SSQAPP), QAPP amendment, or other quality assurance documentation required by EPA and obtain all required EPA approvals prior to initiation of environmental sampling.

b. Obtain EPA approval to proceed with Phase II for up to four (4) Phase II ESAs

c. Obtain access agreement for up to four (4) Phase II ESAs

d. Prepare Health and Safety Plans, as necessary, for up to four (4) Phase II ESAs

e. Prepare up to four (4) Phase II ESAs, including field work according to plan and sampling and laboratory analysis to characterize contamination levels and other site conditions

f. Implement additional Phase II investigations as appropriate to delineate extent of contamination

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g. Prepare MCP-compliant documents as needed and associated with MassDEP notification and reporting requirements for all assessments

Task 4: Cleanup and Site Reuse Planning and Visioning

This task will be undertaken collaboratively by NMCOG and the QEP, integrating feasibility studies, technical cleanup planning, community visioning, and/or other techniques to prepare a roadmap for public or private entities or public/private partnerships to clean up sites and bring them into productive, community-affirming use.

Specific work to be undertaken by the QEP in this task shall include:

1. Creation of up to four (4) Analysis of Brownfield Cleanup Alternatives (ACBAs).

2. Creation of up to four (4) Phase III Remedial Action Plans (RAPs).

3. Creation of one (1) market study.

4. Participation in and assistance with one (1) or more internal cleanup and reuse planning meeting(s) per site

5. Participation in and assistance with one (1) or more public meetings or other community outreach strategy per site

6. Review and provide technical input on up to four (4) site-specific visioning and reuse documents NMCOG staff will create that synthesize community visioning, feasibility studies, and technical reports and other technical information.

For each subtask, the QEP firm must produce deliverables that clearly document the data used, the methods applied, and the assumptions made. Documentation must be detailed enough to ensure the data can be used and analyzed by NMCOG and municipal partners in future planning efforts.

The full project workplan and materials as submitted to EPA is included as Appendix E.

2.2 Program Budget

This RFP has a not-to-exceed budget of $434,400.00. Proposals must show how the QEP firm will complete the scope of work within this established budget. The table below includes the complete project budget, including the contractual budget intended to be included within this RFP.

Table 1: Project Budget

Budget Categories

Task 1: Cooperative Agreement Oversight

Task 2: Community Engagement

Task 3: Phase I/ Phase II ESAs

Task 4: Site Cleanup and Reuse Planning and Visioning

Total

Personnel $5,185 $10,443 $1,812 $10,443 $27,883

Fringe Benefits $0 $0 $0 $0 $0

Travel $11,192 $600 $200 $200 $12,192

Equipment* $0 $0 $0 $0 $0

Supplies $0 $525 $0 $0 $525

Contractual $8,000 $41,400 $317,500 $67,500 $434,400

Other $0 $0 $0 $0 $0

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Budget Categories

Task 1: Cooperative Agreement Oversight

Task 2: Community Engagement

Task 3: Phase I/ Phase II ESAs

Task 4: Site Cleanup and Reuse Planning and Visioning

Total

Total Direct $24,376 $52,968 $319,512 $78,143 $475,000

Indirect Costs $4,648 $9,363 $1,625 $9,363 $25,000

Total $29,024 $62,332 $321,138 $87,507 $500,000

2.3 Project Schedule

The grant period of performance spans four years starting October 1, 2026, and project must be completed on September 30, 2030. Anticipated milestones are listed in the table below:

Milestone Anticipated Date Kickoff Meeting December 18, 2026

Site Application Completed January 7, 2027 At Least One Site Selected January 27, 2027 First ESA Initiated (Eligibility information submitted to EPA) January 30, 2027 Community Involvement Plan Completed February 6, 2027 Communitywide Meetings Completed March 21, 2027 First ESA Completed September 30, 2027 First Vision/Reuse Plan with ABCAS and/or RAPs as Appropriate Completed

September 30, 2028

Eight (8) Phase I ESAs, Four (4) Phase II ESAs, and Four (4) Vision/Reuse Plans with ABCAS and/or RAPs as Appropriate Completed

September 30, 2030

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SECTION 3: CONTENT OF PROPOSALS

3.1 Content of Proposal

3.1.1 Cover Letter / Letter of Interest (1 page)

The Proposal will contain a letter of interest that declares that the Respondent is submitting the response without collusion with any other person or entity submitting a Proposal pursuant to this solicitation. Letters should not contain links to other web pages, are not to exceed one (1) page in length, and will include, at a minimum, the following information in the following format:

1. Name, address, and contact information for the submitting person or entity.

2. Organization profile and qualifications; This section of the letter must describe the proposing firm and must also identify the primary individuals responsible for supervising the work, including their titles and/or their classifications.

Letters of Interest shall be signed by a representative of the Respondent who has the authority to negotiate and contractually bind the consultant/firm.

3.1.2 Table of Contents (1 page)

The table of contents should outline, in sequential order, the major areas of the Proposal as shown herein. All pages of the Proposal, excluding attachments, must be clearly and consecutively numbered and correspond to the table of contents.

3.1.3 Statement of Organization (Not more than 10 pages)

Respondents shall include within their Submittal a Statement of Organization. The Statement of Organization should include the following information:

1. Project Approach – Respondents should provide a detailed and clear description of their approach to achieve the Project Goals and Scope of Work, including proposed coordination with NMCOG. Respondents shall identify key assumptions affecting the cost and level of effort of Phase I and Phase II ESAs, including anticipated field activities, sampling and laboratory analysis, subcontractor services, and other significant direct costs. Respondents shall identify any assumptions or limitations that could affect completion of the full Scope of Services within the not-to-exceed contract amount.

2. Alignment with Goals – Respondents should clearly identify how their approach will achieve the Project Goals listed in Section 1.

3. List of Personnel with Stated Qualifications - Respondents must first supply a summary list of personnel who will actually perform the work for the anticipated contractual services. The Respondent shall identify the Environmental Professional(s) who will be responsible for all technical documents, including but not limited to Phase I and Phase II ESAs, QAPPs, ACBAs, and RAPs, and demonstrate that such individuals meet the applicable definition and qualification requirements for an Environmental Professional under 40 CFR Part 312. For each personnel, provide:

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a. Resume

b. Professional licenses/certifications

c. Description of relevant project experience

4. Tasks and Timeline – Respondents should provide details on achieving the tasks outlined in their project approach and the timeline or proposed schedule for providing deliverables, project milestones, and completion.

3.1.4 Relevant Prior Project Experience (4 pages)

Identify projects that demonstrate relevant project experience according to the Project Goals in Section 1 of this RFP and the Scope of Services in Section 2 of this RFP. The examples should come from relevant team members’ experience and should have been performed in the last five (5) years.

Examples from New England are preferred but not required.

3.1.5 References (1 page)

Respondents shall provide names and addresses of a representative list of clients/references with which the Respondent has performed similar work. References shall include a contact person, telephone number, email addresses, a description of the service, and the date on which the services were provided.

3.1.6 Statement of Financial Stability

Respondents shall provide a statement in writing, signed by a duly authorized representative, stating the present financial condition of the Respondent, and disclosing information as to Respondent’s involvement in any current bankruptcy proceedings. The Statements of Financial Stability shall be signed by a representative of the Respondent who has authority to negotiate and contractually bind the consultant/firm.

3.1.7 Statement of Litigation History

Respondents shall provide a statement describing any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or political subdivision thereof or which may affect the performance of the services to be rendered herein, in which the Respondent, any of its employees, subcontractors or sub-consultants is or has been involved within the last five years. The Statement of Litigation History shall be signed by a representative of the Respondent who has authority to negotiate and contractually bind the consultant/firm.

3.1.8 Disposition of Proposals

All Proposals submitted in response to this RFP will become the property of NMCOG and a matter of public record. The respondent must identify, in writing, all copyrighted material, trade secrets, or other proprietary information that it claims is exempt from disclosure under Massachusetts’ Public Records Laws. Any Respondent claiming such an exemption must also state that it agrees to defend any action brought against NMCOG for its refusal to disclose such material, trade secrets or other proprietary information to any party making a request therefore. Any Respondent who fails to

NMCOG RFP #26-02 N. Middlesex Brownfields Assessment Program – QEP Page 11 of 24 include such a statement shall be deemed to have waived its right to an exemption from disclosure as provided by said action.

3.1.9 Not Used

3.1.10 Attachments

Executed copies of:

• Attachment A: Certification of Non-Collusion

• Attachment B: Certification of Contingent Fees

• Attachment C: Certification of Fair Employment Practices

• Attachment D: Conflict of Interest Disclosure

3.1.11 Fee Proposal

Submit the fee proposal as a separate PDF under a separate cover. The contract amount may not exceed $434,400. The fee proposal shall include costs associated with the delivery and provision of finished product(s), and costs associated with carrying out all tasks within the proposal. The fee proposal should include:

1. A complete rate schedule and pricing for staff to be utilized in this project.

2. Total costs per task, itemizing personnel, subcontractors and direct expenses (such as travel, printing, etc.). Respondents also shall identify all proposed subcontractors and subconsultants and describe their roles, qualifications, relevant experience, and anticipated percentage or dollar value of the contract. Note that no subcontractor or subconsultant may perform work requiring professional licensure or certification unless appropriately licensed or certified under applicable law. NMCOG reserves the right to approve or reject proposed subcontractors and subconsultants.

3. Any cost assumptions behind proposal related to field and lab work including sampling, lab analyses, equipment, and subcontractors.

4. Total costs for the project, itemizing personnel, subcontractors, and direct expenses.

This proposal will not be factored into NMCOG’s evaluation criteria and will be instead utilized as a basis for the negotiation of fee with the highest-ranked respondent.

3.2 Proposal Package Structure

Proposal Packages submitted for consideration should be arranged following the format shown below:

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Section Section Title Pages (maximum) 1 Cover Letter / Letter of Interest 1 page-single sided 2 Table of Contents 1 page single sided 3 Statement of Organization 10 pages single sided 4 Prior Project Experience 4 pages single sided 5 References 1 page single sided Attachment A Certification of Non-Collusion Attachment B Certification of Contingent Fees Attachment C Certification of Fair Employment Practices Attachment D Conflict of Interest Disclosure

Submit fee proposal under separate cover.

NOTE: Proposal Packages should not exceed 17 pages (excluding attachments and fee proposal).

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SECTION 4: SUBMISSION, EVALUATION, AND SELECTION

4.1 Submission Process

4.1.1 Submission

Proposal packages shall be submitted as an electronic PDF file via email to Chris Hayes at chayes@nmcog.org no later than Friday November 20, 2026, 4:00 PM EST.

All materials submitted in response to this RFP become the property of NMCOG upon delivery and are to be appended to any formal documentation which would further define or expand the contractual relationship between NMCOG and the Respondent.

4.1.2 Inquiries

Respondents may submit written email inquiries for interpretation of this RFP to Chris Hayes – Director of Housing and Economic Development, at chayes@nmcog.org no later than Thursday, November 5, 2026, 4:00 pm. Questions made and answered will be summarized in writing for distribution on the NMCOG website (www.nmcog.org) no later than Thursday, November 12, 2026, 4:00 pm. Addendums or amendments to this RFP, if required, shall also be posted to the website.

NMCOG staff will not respond to verbal questions or meeting requests regarding this solicitation.

Any email correspondence related to this RFP should refer to the appropriate RFP title, page, and paragraph.

4.1.3 Verification of Information

NMCOG staff may verify all information submitted in a Proposal. Submission of information deemed to be inaccurate may result in a determination of non-response and a rejection of the Proposal Package.

4.1.4 Exceptions

Any desired exceptions to the terms and conditions of this RFP must be included in the Proposal Package and must address the specific page and paragraph of the RFP in which the conflict exists. A Respondent's preprinted terms and conditions will not be considered as exceptions.

4.1.5 Proposal Packages

The Proposal Package and other information received in response to this RFP shall be shown only to NMCOG staff and BSC members. After the award, the successful Proposal Package and evaluation document shall be open for public inspection.

4.1.6 Late Proposal Package

Late Proposal Packages will not be considered, and the Consultant/Firm shall be notified.

4.1.7 Withdrawal of Proposal Packages

Submitters may withdraw their Proposal by notifying NMCOG at any time. They may withdraw their Proposal in person or through an authorized representative. To withdraw a Proposal, a submitter or authorized representative must disclose their identity and provide a signed letter for which a written receipt will be provided. Proposals become the property of NMCOG and will not be returned to the mailto:chayes@nmcog.org

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Proposals submitted in response to this RFP are subject to the Massachusetts Public Records Law, M.G.L. c. 66 and c. 4, § 7(26). Respondents should clearly identify any portions of their proposals they believe are exempt from disclosure under applicable law. NMCOG will determine the applicability of any exemption in accordance with Massachusetts law.

4.2 Evaluation Criteria

Proposals will be reviewed by a selection committee composed of NMCOG staff and members of the BSC. Each committee member will evaluate each Proposal against the RFP selection criteria, as listed below. For each Proposal, the individual criterion will be ranked on a scale of 1 to 100. Criteria scores will be added together for a total score, with a maximum possible score of 100 points outlined below.

The scores from the written Proposals will be summed up based on the selection criteria to prepare a ranked list of Respondents. NMCOG may invite the highest-ranked Respondents to participate in an interview. Interviews will be used to clarify information contained in the Proposal and will not result in additional evaluation points.

The Fee Proposal will not be assigned points in the evaluation. Following evaluation and ranking of the technical proposals, NMCOG will open the Fee Proposal of the highest-ranked Respondent and negotiate the final contract price and scope, subject to the $434,400 not-to-exceed amount. If NMCOG and the highest-ranked Respondent cannot reach agreement on price and contract terms, NMCOG may terminate negotiations and enter negotiations with the next highest-ranked Respondent.

SELECTION

CRITERIA

WEIGHT

FACTOR HIGHLY ADVANTAGEOUS ATTRIBUTES

Project Understanding 15%

Proposal demonstrates a clear understanding of the project goals listed in RFP Section 1. Displays familiarity with Brownfields Assessment projects and reporting standards, Greater Lowell, and the NMCOG communities.

Technical Approach and Organization

20%

Proposed scope and tasks are detailed, efficient, and logical. Approach clearly describes methods for ESA completion and reporting. Outlines strong collaboration between NMCOG and project partners. Proposal shows strong knowledge of and ability to work with brownfields data and share it with the public.

Relevant Prior Project Experience

– Brownfields Assessments

40% Proposal demonstrates experience conducting brownfields assessments, analyzing relevant data for potential site reuse, and seamlessly collaborating with clients.

Relevant Prior Project Experience – Community Outreach

10% Proposal demonstrates experience incorporating engagement with community stakeholders into the brownfields assessment process.

Project Management and Schedule

10%

Proposal presents a clear and realistic schedule that aligns with the timelines and deadlines in Section 2.3. Demonstrates strong project management practices and proven ability to deliver multi-phase projects on time and within budget.

Proposal Quality 5% Proposal is clear, well-organized, responsive to all RFP requirements, and displays excellence in writing, formatting, and presentation.

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SELECTION

CRITERIA

WEIGHT

FACTOR Requirement

Technical Qualifications

Pass/ Fail

Proposal must identify Environmental Professional(s) who will be responsible for all technical documents, including but not limited to Phase I and Phase II ESAs, QAPPs, ACBAs, and RAPs, and demonstrate that such individuals meet the applicable definition and qualification requirements for an Environmental Professional under 40 CFR Part 312. Any proposal that does not meet this requirement will be removed from consideration.

4.3 Award of the Contract

4.3.1 Reservation of Rights

Notwithstanding any other provision of this RFP, the NMCOG expressly reserves the right to:

• Waive any immaterial defect or informality

• Reject any or all Proposals, or portions thereof

• Reissue a Request for Proposals

• Modify the number, scope, or type of tasks to be performed to meet budgetary limitations or program needs

• Cancel the Solicitation

4.3.2 Offer and Acceptance Period

A response to this RFP implies that there is a willingness on the part of the QEP firm to contract with NMCOG based upon the terms, conditions, tasks and specifications contained herein. Submitted Proposal Packages are deemed irrevocable for one-hundred eighty (180) days after the date and time that the proposal packages are due.

4.3.3 Respondent’s Rights

All materials submitted in response to this RFP become the property of NMCOG.

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SECTION 5: MAJOR CONTRACT PROVISIONS

This section indicates the major terms and conditions a prospective Respondent should be aware of in the development of the Proposal Package. This is not “all-inclusive” but contains the major provision that might affect the development of the Proposal Package.

5.1 Payment

Payment will be made in arrears only after submission of proper invoices to NMCOG. Billing shall represent work completed prior to the invoice date. The invoice shall identify the description of work performed at the contract rates. Payment of any invoice shall not preclude NMCOG from making a claim for adjustment on any service found not to have been in accordance with the contract. Invoices may not be submitted more frequently than monthly.

5.2 Conflict of Interest

NMCOG reserves the right to preclude offering a work assignment to a QEP firm should a real, apparent, or potential conflict of interest exist as determined by NMCOG.

5.3 Performance Standards

NMCOG relies upon the QEP firm to provide services in accordance with the contract and performance standards established for each work assignment in the Task Order. The QEP firm agrees that time is of the essence, and that contractual commitments shall be met.

5.4 Delivery of Data and Work Projects

Unless specified otherwise, the final embodiment of deliverables (maps, charts, tools, reports, etc.)

will be delivered in an electronic format to include editable originals, linked supporting graphics and images, and final portable document format (PDF) files.

5.5 Ownership of Data and Work Products

NMCOG shall own all project-specific deliverables and work products prepared specifically for NMCOG under the contract. The QEP firm shall retain ownership of its pre-existing intellectual property, proprietary methodologies, tools, templates, and know-how, provided that the Consultant grants NMCOG a perpetual, nonexclusive, royalty-free license to use such materials to the extent incorporated into project deliverables and necessary for NMCOG's use of those deliverables.

5.6 Cancellation

Failure to perform any or all of the terms, promises and conditions of the contract, including the specifications, may be deemed a substantial breach thereof. Default may be declared at any time if, in the opinion of the NMCOG:

• QEP firm fails to adequately perform the services required in the contract.

• QEP firm attempts to provide service or workmanship which is of an unacceptable quality; or

• QEP firm fails to make progress in the performance of the requirements of the contract, and/or gives NMCOG a positive indication that the QEP firm will not or cannot perform to the requirements of the contract.

NMCOG RFP #26-02 N. Middlesex Brownfields Assessment Program – QEP Page 17 of 24

After notice of cancellation, the QEP firm agrees to perform the requirements of the contract up to and including the date of cancellation, as though no cancellation had been made, and notwithstanding other legal remedies which may be available to NMCOG because of the cancellation, agrees to indemnify NMCOG for its cost in procuring the services of a new QEP firm .

NMCOG shall give the QEP firm written notice of default. After receipt of such notice, the QEP firm shall have five (5) days in which to cure such failure. In the event the QEP firm does not cure such failure, NMCOG may terminate all or any part of the contract without further consideration by so notifying the QEP firm in writing.

5.7 Contract Termination

By written notice, NMCOG may terminate the contract, in whole or in part, when it is deemed to be in their best interest. If the contract is so terminated, the QEP firm will be compensated for work performed up to the time of the notification of termination. In no event shall payment for such costs exceed the current contract price.

5.8 Availability of Funds

If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled and the QEP firm will only be reimbursed for the reasonable value of any non-recurring costs borne but not amortized in the price of services delivered under the contract, or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for such purposes.

5.9 Confidentiality

The QEP firm acknowledges that information disclosed to it concerning governmental operations during performance of a contract is confidential and/or proprietary and shall not be disclosed to third parties without prior written consent of those governments.

• The QEP firm shall establish and maintain procedures and controls for the purpose of assuring that no information in its records or obtained from jurisdictions and governmental entities in carrying out its functions under the contract shall be used or disclosed by it. NMCOG reserves the right to review such procedures to ensure acceptability. Persons requesting such information should be referred to NMCOG.

• All proprietary information and all copies thereof shall be returned to NMCOG upon completion of the work for which it was obtained or developed.

5.10 Removal of Contract Employees

The QEP firm agrees to utilize only experienced, responsible, and capable people in the performance of the work. NMCOG may require that the QEP firm remove employees from the project who endanger persons or property or whose continued employment under this project is inconsistent with the interests of NMCOG.

NMCOG RFP #26-02 N. Middlesex Brownfields Assessment Program – QEP Page 18 of 24

5.11 Contract Term

The term of any resultant contract shall commence on the date of the notice to proceed, unless terminated, canceled, or extended as otherwise provided herein. Should a contract extension be required, NMCOG reserves the right to extend the contract for a specific time period beyond the stated expiration date.

5.12 Insurance

Without limiting its liability, the QEP firm shall maintain, during the life of the contract:

• Worker's Compensation Insurance

• Comprehensive General Liability Insurance

• Automobile Liability Insurance

• Consultant's Professional Liability Insurance

As part of the contract developed from this RFQ, the QEP firm shall include a standard form "Certificate of Insurance" as evidence of this coverage. The amounts of coverage shall be negotiated as part of the contract but shall generally be sufficient to protect NMCOG from liability as a result of this study. This coverage may not be canceled, reduced or allowed to lapse without written notice to

NMCOG.

5.13 ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions for subrecipients and contractors undertaking this program with funding from the U.S. EPA can found in the U.S. Environmental Protection Agency Cooperative Agreement Grant Number 00A01934 attached as Attachment F.

NMCOG RFP #26-02 N. Middlesex Brownfields Assessment Program – QEP Page 19 of 24

SECTION 6: REQUIRED FORMS AND ATTACHMENTS

The following forms (attached hereto as Attachment A - D) must be signed by a duly authorized representative and submitted as part of the Proposal.

Attachment A: Certification of Non-Collusion

Attachment B: Certification of Contingent Fees

Attachment C: Certification of Fair Employment Practices

Attachment D: Conflict of Interest Disclosure

Attachment E: Full workplan as submitted to U.S. Environmental Protection Agency

Attachment F: U.S. Environmental Protection Agency Cooperative Agreement Grant Number 00A01934

Attachment A: Certification of Non-Collusion

The undersigned, having been fully informed regarding the accuracy of the statements made herein, certifies that:

(1) This Proposal was developed and submitted independently and without consultation, communication, collusion, understanding, or agreement with any other Respondent or potential Respondent.

(2) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract.

(3) This Proposal is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive application.

(4) (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not, in the last five years, been convicted of or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

The undersigned attests that they are authorized to make this certification on behalf of the Respondent, and its owners, directors, and officers.

Name and Title/Position of Signatory Signature

Name of Respondent/Firm Date

Business Address

Attachment B: Certification of Contingent Fees

The Respondent acknowledges that no NMCOG assistance has been paid or will be paid on its behalf to any person(s) for influencing or attempting to influence an officer or employee of the NMCOG, member of the NMCOG Council, an officer or employee of any NMCOG member jurisdictions, or officer or employee of any MPO member jurisdictions in connection with the award of any NMCOG contract, the making of any NMCOG grant or loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any NMCOG contract, grant, loan, or cooperative agreement.

The undersigned attests that they are authorized to make this certification on behalf of the Respondent, and its owners, directors, and officers.

Name and Title/Position of Signatory Signature

Attachment C: Certification of Fair Employment Practices

The undersigned states that (Respondent), by its employment policy, standards and practices, does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal, or laying off of any individual due to race, creed, color, national origin, age, sex, religion, or disability.

The undersigned attests that they are authorized to make this certification on behalf of the Respondent, and its owners, directors, and officers.

Name and Title/Position of Signatory Signature

Attachment D: Conflict of Interest Disclosure Instructions

NMCOG, in keeping with State Ethics Law, asks that all persons or firms seeking contracts valued at $50,000 or more complete and submit this form along with their Proposal. This requirement also applies to any proposed subcontractors whose portion of the work is valued at $25,000 or more. Failure to comply with this requirement may cause your Proposal to be declared non-responsive.

Questions

1. Does your firm have an existing relationship any with employee(s) of the NMCOG, and/or member(s) or officer(s) of the Council or the MPO that could be construed as having a conflict of interest (i.e., financial interest), or which would give rise to a conflict if your firm became a recipient of a contract with NMCOG?

YES NO

If “yes,” please list the names of employee(s), committee member(s), or officer(s) and the nature of the relationship:

Name:

Relationship:

2. Have you or any member of your firm been an employee of NMCOG, served as a member of the Council, or as an MPO officer within the last 24 months?

YES NO

If “yes,” please list name(s), position(s), and dates of service:

Name:

Position:

Dates of Service:

Relationship:

3. Are you or any manager(s), partner(s), or officer(s) of your firm related by blood or marriage/domestic partnership to an employee of NMCOG, Council member, or MPO officer that is considering your Proposal?

YES NO

If “yes,” please list name and the nature of the relationship:

Name:

Relationship:

4. In the last 24 months, have you or any members of your firm been a business partner of, employed, or about to employ an employee of the NMCOG, Council member, or officer the

MPO?

YES NO

If “yes,” please list name and the nature of the relationship:

Name:

Relationship:

5. Have you or any manager(s), partner(s), or officer(s) of your firm ever given (directly or indirectly), or offered to give on behalf of another or through another person, contribution(s) (including political contributions) or gift(s) to any current employee of the NMCOG, Council member, or MPO officer?

YES NO

If “yes,” please list name, date gift or contribution was given/offered, and dollar value:

Name:

Date:

Value:

The undersigned attests that they are authorized to make this certification on behalf of the Respondent, and its owners, directors, and officers.

Name and Title/Position of Signatory Signature

ASSESSMENT WORKPLAN

Northern Middlesex Council of Governments

Workplan for CERCLA Section 104(k) Assessment Cooperative Agreement

Community Wide Period of Performance: 10/1/2026 - 9/30/2030

1. CFDA: 66.818 Multipurpose, Assessment, Cleanup, and Revolving Loan Fund Grants

OBJECTIVE: The Small Business Liability Relief and Brownfields Revitalization Act (SBLRBRA) was signed into law on January 11, 2002. The act amended the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) by adding Section 104(k). Section 104(k) authorizes the U.S.

Environmental Protection Agency (EPA) to provide funding to eligible entities to inventory, characterize, assess, conduct planning related to, remediate, or capitalize revolving loan funds for, eligible brownfield sites. The Brownfields Utilization, Investment, and Local Development (BUILD) Act of March 2018 reauthorized and amended the Brownfields provisions of CERCLA. Pursuant to these provisions, EPA conducts annual Brownfields grant competitions. Recipients are selected from applications prepared in accordance with the “Application Guidelines for Brownfields Assessment, RLF, and Cleanup Grants,” and submitted in a national competition. The Northern Middlesex Council of Governments (NMCOG) as a Regional Planning Agency serving nine municipalities in Massachusetts (the Towns of Billerica, Chelmsford, Dracut, Dunstable, Pepperell, Tewksbury, Tyngsborough, and Westford, and the City of

Lowell, collectively, “Northern Middlesex County”), was selected for Assessment funding in the FY 2026 competition.

In the 18th and 19th centuries, the Merrimack, Shawsheen, Nashua, and Concord Rivers fueled Northern

Middlesex County’s textile industry. By the 1980s, most mills shuttered, leaving a landscape of canals and dams; contaminated soils, sediments, and water; and abandoned sites. Communities that relied on these mills experienced rising poverty and continue to suffer barriers to success, including low education attainment and drug addiction. This cooperative agreement funding will be used to take the first step in transforming the sites by assessing contaminants. This will ultimately lead to beneficial outcomes:

revitalizing brownfields; reusing existing infrastructure; creating safe, resilient housing and jobs; and connecting community members to open space resources.

The goal of the project to be funded by this cooperative agreement is to holistically integrate community engagement, site assessments, and cleanup planning. Environmental Site Assessments (ESAs) will identify and quantify contaminant threats, providing critical data to develop cleanup and reuse plans.

These goals will be accomplished by site-specific and non-site-specific assessment activities.

Non-site-specific tasks include obtaining contractor services to provide technical assistance and oversight;

undertaking region-wide outreach including forming a Brownfields Steering Committee (BSC), developing online and in-person outreach materials, focus groups and interviews; and facilitating in-person community meetings to discuss concerns and visions; completing quarterly reports; attending national and regional Brownfields conferences; creating an assessment pipeline by periodically updating a region-wide brownfield inventory, updating the ACRES database, and working with member communities to make them aware of the 300+ identified brownfield sites and funding availability.

Site-specific tasks include completing Site Eligibility Forms; negotiating access agreements and necessary permitting; completing an estimated ten (10) Phase I ESA and six (6) Phase II ESA reports, including any necessary sampling and laboratory analysis to characterize contamination levels and other site conditions;

conducting comprehensive land use assessments and develop site-specific visioning documents for

Attachment E: Assessment Workplan selected Brownfield sites; and completing an estimated four (4) ABCAs and Phase III RAPs and one (1) market study.

Cooperative agreement funding will be used to cover the costs of activities at or in direct support of

Brownfields sites as defined under CERCLA 101(39). The overall coordination of the cooperative agreement will be carried out by the NMCOG Director of Housing and Economic Development serving as Project Manager, assisted by the Executive Director, with outreach and visioning activities supported by the NMCOG Principal Planner - Sustainability and Regional Planner II, and with technical assistance and oversight to be performed by a Qualified Environmental Professional (QEP) and assistance from the

Massachusetts Department of Environmental Protection Brownfields Program.

2. FUNDING: $500,000

3. BUDGET

Budget

Categories

Task

1: Cooperative

Agreement

Oversight

Task

2: Community

Engagement

Task 3: Ph. I /

Ph. II ESAs

Task 4: Site

Cleanup and

Reuse Planning…