HomeMy WebLinkAboutImpact7G, Inc.-8/18/2014CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262
CITY OF WATERLOO
Council Communication
City Council Meeting: August 18, 2014 J
Prepared: August 13, 2014
Dept. Head Signature: Noel Anderson, Community Planning & Development Director
# of Attachments: 1
SUBJECT: Adopt a resolution to approve the contract for with Impact 7G for
$10,000 for environmental work at the site located just west of Manatt's Concrete,
for future redevelopment of the site, and authorize the Mayor and City Clerk to sign
and fully execute any necessary documents
Submitted by: Noel Anderson, Community Planning and Development Director
Recommended City Council Action: Resolution approving the agreement.
Summary Statement: The City of Waterloo was recently awarded the designation
of an Iowa Reinvestment Area (IRA) for the area surrounding the Tech Works site.
This designation brings forth state incentives through the State's share of sales tax
and hotel/ motel funds for added projects into the area. One of the areas included
in the IRA is the site just west of Manatt's. This area was shown as a potential site
for a marina, mixed use commercial and residential buildings, etc. In order to
continue the potential of development, this agreement is necessary.
The Tech Works area has some environmental covenants in place for potential
environmental concerns, which limit reuse of some of the sites. Staff believes the
environmental covenants can be removed, amended, and altered for the site west
of Manatt's. This agreement with Impact 7G will work to correspond with the DNR
and EPA, and other necessary parties, to look at the amendment or removal of the
covenants in place, to allow for better options for redevelopment of the site.
Expenditure Required. $10,000
Source of Funds: Downtown bond and TIF funds
Policy Issue: Land Use, Economic Development, and Riverfront Development
Alternative: Not approve
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Background Information: The City of Waterloo has been working with
Vandewalle & Associates for a number of years now to bring forth the Riverfront
Renaissance, the Downtown Master Plan, and is now working to bring forth
economic development to match some of these plans and objectives.
IMPACT
seven
G
Scope of Services for City of Waterloo
Project:
Waterloo Reinvestment District #1, Project Area 3
Project No:
2014259
Date:
07/18/14
Client:
City of Waterloo
Contact:
Noel Anderson, Planning Director
Address:
715 Mulberry Street.
City/State/Zip:
Waterloo, IA 50703
Phone:
319-291-4366
AGREEMENT made this 18th day of July, 2014, 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
Environmental Technical Support 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 assist the Client with providing environmental planning, due diligence, and site
redevelopment technical assistance for the former industrial property known as Project Area 3 within
the Waterloo Reinvestment District #1.
2. Scope of Services
Impact7G will provide environmental technical assistance to determine redevelopment options for a
former industrial property within the Waterloo Reinvestment District #1 on the TechWorks Campus.
Tasks may include, but not be limited to:
• Review environmental covenants that may pertain to the subject site;
• Determine whether the covenants are relevant to environmental conditions of the subject site;
• Review and summarize previously completed environmental investigations of the property;
• Compare known environmental conditions to current statewide and site-specific standards
governing cleanup actions and end land uses.
• Develop investigation and cleanup scenarios that may open the site up to a broad spectrum of
future land use opportunities including but not limited to recreation, commercial, and residential.
• As necessary, identify outside investigation and cleanup funding sources to facilitate additional
site investigation necessary to advance redevelopment strategies.
The above work items do not include an environmental due diligence review (i.e., ASTM Phase I
Environmental Site Assessment) unless existing readily available information on historical site conditions
is less than adequate to develop cleanup and reuse alternatives and strategies or otherwise requested
by the Client.
IMPACTG
6505 MERLE HAY RD, STE B JOHNSTON, IA 50131 (P) 515.473.6256 (F) 515.528.8005 WWW.IMPACT7G.COM
Scope of Service
Environmental Technical Support
07/18/14
3. Provider Responsibilities. Impact7G hereby agrees to:
Provide the professional services as set forth in this Agreement; and
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:
(i) Provide a knowledgeable representative of the Property, who will be available
to coordinate project work;
(ii) 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:
(1) 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. Prolect Cost, Payment and Termination. The Client shall pay Impact7G per Impact7G's
hourly rate schedule (attached) with a not to exceed fee of Ten Thousand Dollars ($10,000).
Tasks
Cost
Waterloo Reinvestment District #1 Project Area 3 Environmental
Technical Assistance
$10,000.00
TOTAL
$10,000.00
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 attomey'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,
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Scope of Service
Environmental Technical Support
07/18/14
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
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
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Scope of Service
Environmental Technical Support
07/18/14
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 attomey 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.
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:
Printed/
Typed
Name:
Title:
Date:
&tteSt 6. aa vlc-
President:
Printed/
Typed Name:
Ryan Peterson
Date: 07-18-2014
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