HomeMy WebLinkAboutImpact7G, Inc.-8/17/2015Scope of Services for City of Waterloo
Project:
Waterloo Reinvestment District #1, Project Area 3
Project No:
Noel Anderson, Planning Director
2013175-S1
715 Mulberry Street.
RCRA QAPP, HASP, SAP Revision
Date:
07/22/15
Client:
City of Waterloo
Contact:
Noel Anderson, Planning Director
Address:
715 Mulberry Street.
City/State/Zip:
Waterloo, IA 50703
Phone:
319-291-4366
SUPPLEMENTAL AGREEMENT (SA) to original AGREEMENT approved by City Council on
August 18, 2014 made this 22nd day of July, 2015, by and between the service provider, Impact7G,
Inc. ("Provider"), and the Client, City of Waterloo ("Client.")
WHEREAS, the Client intends to engage the services of the Provider to complete RCRA
Regulated Site Investigation activities;
WHEREAS, the Provider agrees to provide said services pursuant to the terms of this
Agreement.
NOW THEREFORE, the parties agree as follows:
1. Project
Impact7G agrees to further assist the Client with providing site redevelopment technical assistance
for the former RCRA-Permitted industrial property known as Project Area 3 within the Waterloo
Reinvestment District #1.
2. Scope of Services
Continue to provide stakeholder coordination and environmental technical assistance to determine
redevelopment options for a former industrial property within the Waterloo Reinvestment District #1 on
the TechWorks Campus. Following discussions with EPA Region 7 that occurred over the course of the
original contract between Client and Impact7G, specific courses of action were agreed upon. These
actions or tasks may include but not be limited to:
a. Coordinate with John Deere environmental and/or legal staff regarding proposed intrusive
sampling activities at the referenced project site.
b. Develop a Quality Assurance Project Plan (QAPP) for RCRA Facility Investigation (RFI) activities
in accordance with the EPA's:
• Requirements for Quality Assurance Project Plans (EPA QA/R-5, EPA/240/8-01/003) March
2001;
• Guidance for Preparing Quality Assurance Project Plans (EPA QA/G-5, EPA/240/R-02/009)
December 2002;
• Guidance on Choosing A Sampling Design for Environmental Data Collection (EPA QA/G-
5S, EPA/240/R-02/005) December 2002;
• RCRA Facility Investigation Guidance Document (EPA 530/SW-89-031) May 1989
I MPACT7G
6505 MERLE HAY RD, STE B JOHNSTON, IA 50131 (P) 515.473.6256 (F) 515.528.8005 WWW.IMPACT7G.COM
20i 4759
Scope of Service
Environmental Technical Support SA
07/22/15
• RCRA Groundwater Monitoring Technical Enforcement Guidance Document (OSWER
9950.1) September 1986; and Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods (SW -846).
c. Develop a facility Health and Safety Plan (HASP) for RFI activities to include:
• Facility description including availability of resources such as roads, water supply,
electricity, and telephone service;
• Description of the known hazards and evaluations of the risks associated with each
activity conducted, including, but not limited to, on- and off-site exposure to contaminants;
• List of key personnel and altemates responsible for site safety, response operations, and
protection of public health;
• Delineation of work area;
• Description of levels of protection to be wom by personnel in work area;
• Establishment of procedures to control site access;
• Description of decontamination procedures for personnel and equipment;
• Establishment of site emergency procedures;
• Emergency medical care for injuries and toxicological problems;
• Description of requirements for an environmental surveillance program;
• Routine and special training required for responders; and
• Establishment of procedures for protecting workers from weather-related problems.
• The facility Health and Safety Plan shall be consistent with:
i. NIOSH Occupational Safety and Health Guidance Manual For Hazardous Waste
Site Activities (1985);
ii. EPA Order 1440.3 - Respiratory Protection;
iii. EPA Order 1440.2 - Health and Safety Requirements for Employees Engaged in
Field Activities;
iv. Facility Contingency Plan;
v. EPA Standard Operating Safety Guide (1984);
vi. OSHA regulations, particularly in 29 C.F.R. 1910 and 1926;
vii. State and local regulations; and
viii. Other EPA guidance as provided.
• Revisions to the HASP to address any additions and/or changes in planned activities.
d. Revise the Preliminary Draft Site Sampling Plan:
• A Preliminary Draft Voluntary Sampling and Analysis Plan (SAP) was developed under
the original Agreement Scope of Services. As part of the Scope of Services under this
SA the SAP will be revised to reflect EPA's format and protocol recommendations for
RCRA-permitted undertakings.
3. Provider Responsibilities. Impact7G hereby agrees to:
(i) Provide the professional services as set forth in this Agreement; and
(ii) Perform said services in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing
at the same time and in the same or similar locality.
4. Client Responsibilities. Client hereby agrees to:
Provide a knowledgeable representative of the Property, who will be available
to coordinate all on-site work;
Provide unrestricted access to the Property for Impact7G to perform the
services; and
2
Scope of Service
Environmental Technical Support SA
07/22/15
(iii) Provide copies of any previously -completed reports that may be pertinent to
this Project.
5. Exclusions. The following services are excluded from this Scope of Service:
(i) Soil boring and/or monitoring well installation;
(ii) Soil and/or groundwater sampling;
(iii) Contaminant modeling; and
(iv) Soil and/or groundwater remediation.
6. Schedule. The Project will commence immediately upon receipt of the Notice to Proceed
("NTP") from the Client.
7. Project Cost. Payment and Termination. The Client shall pay Impact7G per Impact7G's
2015 hourly rate schedule (attached) with a not to exceed fee of Eight Thousand Dollars ($8,000).
Tasks
Cost
Waterloo Reinvestment District #1 Project Area 3 Environmental
Technical Assistance — Original Contract Value
$10,000.00
Waterloo Reinvestment District #1 Project Area 3 Environmental
Technical Assistance — Supplement No. 1, QAPP, HASP, SAP Revision
$8,000.00
TOTAL
$18,000.00
Invoices for Impact7G's services will be submitted on a monthly basis. Invoices shall be due
and payable upon receipt. If any invoice is not paid within 30 days, Impact7G may, without waiving
any claim or right against the Client, and without liability whatsoever to the Client, suspend or
terminate the performance of services.
Any retainer amounts shall be credited on the final invoice. Accounts that remain unpaid 30
days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum
legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days
after the billing, Impact7G may institute collection action and the Client shall pay all costs of
collection, including reasonable attorney's fees.
8. Work Product. All reports, plans, specifications, field data, field notes, laboratory test data,
calculations, estimates and other documents including all documents on electronic media prepared
by Impact7G as instruments of service shall remain the property of Impact7G.
All project documents including, but not limited to, plans and specifications furnished by
Impact7G under this project are intended for use on this project only. Any reuse, without specific
written verification or adoption by Impact7G, shall be at the Client's sole risk, and Client shall defend,
indemnify and hold harmless Impact7G from all claims, damages and expenses including attomey's
fees arising out of or resulting therefrom.
Under no circumstances shall delivery of electronic files for use by the Client be deemed a
sale by Impact7G, and Impact7G makes no warranties, either express or implied, of merchantability
and fitness for any particular purpose. In no event shall Impact7G be liable for indirect or
consequential damages as a result of the Client's use or reuse of the electronic files.
Because electronic file information can be easily altered, corrupted, or modified by other
parties, either intentionally or inadvertently, without notice or indication, Impact7G reserves the right
3
Scope of Service
Environmental Technical Support SA
07/22/15
to remove itself from its ownership and/or involvement in the material from each electronic medium
not held in its possession. Client shall retain copies of the work performed by Impact7G in electronic
form only for information and use by Client for the specific purpose for which Impact7G was engaged.
Said material shall not be used by Client or transferred to any other party, for use in other projects,
additions to this project, or any other purpose for which the material was not strictly intended by
Impact7G without Impact7G's expressed written permission. Any unauthorized use or reuse or
modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend,
indemnify, and hold Impact7G harmless from all claims, injuries, damages, losses, expenses, and
attorney's fees arising out of the modification or reuse of these materials.
8. Project Site. The Client agrees that it shall be solely responsible for job site safety, and
warrants that this intent shall be made evident in the Client's agreements with any third parties. The
Client also agrees that Impact7G and Impact7G's consultants shall be indemnified and shall be made
additional insureds on the Client's general liability policies on a primary and non-contributory basis.
10. Claims and Disputes. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the Client or Impact7G.
Impact7G's services under this Agreement are being performed solely for the Client's benefit, and
no other party or entity shall have any claim against Impact7G because of this Agreement or the
performance or nonperformance of services hereunder. The Client and Impact7G agree to require
a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and
other entities involved in this Project to carry out the intent of this provision.
The Client shall make no claim for professional negligence, either directly or in a third party
claim, against Impact7G unless the Client has first provided Impact7G with a written certification
executed by an independent professional currently practicing in the same discipline as Impact7G
and licensed in the State in which the claim arises.
11. Limited Liability. The Client agrees, to the fullest extent permitted by law, to limit the liability
of Impact7G and Impact7G's officers, directors, partners, employees, shareholders, owners and
subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever
or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness
fees and costs, so that the total aggregate liability of Impact7G and its officers, directors, partners,
employees, shareholders, owners and subconsultants to all those named shall not exceed $ 10,000.
It is intended that this limitation apply to any and all liability or cause of action however alleged or
arising, unless otherwise prohibited by law.
12. Mediation. In an effort to resolve any conflicts that arise during the design or construction
of the project or following the completion of the project, the Client and Impact7G agree that all
disputes between them arising out of or relating to this Agreement shall be submitted to non-binding
mediation unless the parties mutually agree otherwise. The Client and Impact7G further agree to
include a similar mediation provision in all agreements with independent contractors and consultants
retained for the Project and to require all independent contractors and consultants also to include a
similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or
fabricators so retained, thereby providing for mediation as the primary method for dispute resolution
between the parties to those agreements.
13. Attorneys' Fees. If litigation arises for purposes of collecting fees or expenses due under
this Agreement, the Court in such litigation shall award reasonable costs and expenses, including
attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any
Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and
attorney fees paid or incurred in good faith.
4
Scope of Service
Environmental Technical Support SA
07/22/15
14. Controlling Law. This Agreement shall be construed and enforced in accordance with the
laws of the state of Iowa.
15. Assignment. Neither the Agreement nor any of the rights or obligations arising under the
Agreement may be assigned without prior written consent.
This agreement is approved and accepted by the Client and Impact7G upon both parties
signing and dating the agreement. The effective date of the agreement shall be the last date entered
below.
City of Waterloo, IA IMPACT7G, Inc.
Accepted
by: President:
Printed/
Typed Printed/
Name: t tyles f- ( C1& k Typed Name: Ryan Peterson
Title: c14.1
c Date: 07-22-15
Date: ?r 17//c
5
IMPACT
seven
2015 Billing Rate Schedule
Professional Services
Rate
Principal
$130
Certified Industrial Hygienist
$150
Senior Project Manager
$110
Project Manager
$90
Environmental Specialist II
$75
Environmental Specialist I
$60
Field Technician
$50
Administrative
$40
Reimbursable Expenses
1. All materials and supplies used in the performance of work will be billed at cost plus 10%.
2. Auto mileage will be reimbursed per the standard IRS mileage reimbursement rate.
3. Charges for sub -consultants will be billed at their invoice cost plus 15%.
4. All other direct expenses will be invoiced at cost plus 15%.
6505 Merle Hay Rd STE B Johnston, IA 50131 (P) 515.473.6256 (F) 515.528.8005 www.IMPACT7G.COM
IMPACT7G
September 14, 2015
City of Waterloo
Noel Anderson, Planning Director
715 Mulberry Street
Waterloo IA 50703
RE Contract for Professional Services
Waterloo Reinvestment District #1 Project Area 3
Dear Noel
Please find enclosed three original 'Scope of Services for City of Waterloo' documents. Please
sign and return one copy for our files.
Please feel free to give me a call if you have any questions.
Thank you!
Lori Knuth
Business Office Manager
6505 Merle Hay Rd, Suite B
Johnston IA 50131
515.473.6256 (office)
Email: Iknuth@impact7g.com