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HomeMy WebLinkAboutHR Green, Inc-10/6/2014/Dorn'► ��,ilti,'r- COMMUNITY PLANNING AND DEVELOPMENT �tii 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 CITY OF WATERLOO, IOWA CITY OF WATERLOO Council Communication City Council Meeting: October 6, 2014 Prepared: October 1, 2014 –_—% Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution to approve the agreement with HR Green, Inc. for the preparation of two applications to the United State Environmental Protection Agency including a community -wide brownfields hazardous substances assessment grant totaling $200,000 and a petroleum products brownfields program grant totaling $200,000, 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: As you may be aware, the City of Waterloo is currently operating under two such grants, which will run out in both funding and time in the near future. This agreement with HR Green will work to replenish these grants and continue the tremendous assessment and potential redevelopment and development of brownfield sites throughout the community. The City has utilized the funds on a number of sites in the Rath area, Downtown Waterloo, along Highway 63, and throughout the community for suspected brownfield sites and environmental contaminants. This resource has worked to keep many projects moving forward, as well as opening up some sites for potential future development by showing the assessment as being a clean site. The City has many sites to continue to work with, including areas along the Broadway Corridor, Airline Highway area, as well as sites in and around Downtown Waterloo. Expenditure Required. $6,500 Source of Funds: MidPort and Downtown TIF and bond funds Policy Issue: Brownfield cleanup and redevelopment CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: Not approve Background Information: The City of Waterloo has been working diligently to clean up the former industrial sites, redevelop vacant sites, many of which may have contained former gasoline stations, or other industrial users that may otherwise keep new development from looking at these sites. These type of funds help to avoid sprawl and work towards Smart Growth development. HRGreen Simple Scope Short Form Agreement City of Waterloo FY 2015 EPA Brownfields Project: Assessment Grant Applications Client: Contact: Title: Address: City/State/Zip: Phone/Fax No. City of Waterloo Project No: 10140089 Phase No(s).: N/A Date: 09/22/2014 Mr. Noel Anderson Community Planning and Development Director 715 Mulberry Street Waterloo, Iowa 50703 319-291-4366 / 319-291-4262 The CLIENT agrees to employ HR Green, Inc. (COMPANY) to perform the following services: Assist the City of Waterloo with the preparation of two applications to the United States Environmental Protection Agency (EPA) including a community -wide brownfields hazardous substances assessment grant totaling $200,000 and a petroleum products brownfields program grant totaling $200,000. HR Green will prepare and submit the grant applications using www.grants.gov. The CLIENT agrees to pay COMPANY for the above scope of services: Time & Material, Not to Exceed in the amount of $6,500.00 to complete both applications. Reimbursable Expenses Included 0 Prepayment Required for Work to Commence Copy To: Accounting 0 Short Form Agreement City of Waterloo FY 2015 EPA Brownfields Assessment Grant Applications September 22, 2014 Page 2 of 3 Services provided by COMPANY under this Agreement will be performed 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. 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 the COMPANY. COMPANY's services under this Agreement are being performed solely for the CLIENTs benefit, and no other party or entity shall have any claim against COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY 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. 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 COMPANY 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 COMPANY 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. 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 party justly entitled thereto. 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. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENTs sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney'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 the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENTs 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, COMPANY reserves the right to remove itself from of 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 COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY 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 COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENTS sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENTs Agreement with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY's consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY'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 COMPANY and its officers, directors, Short Form Agreement City of Waterloo FY 2015 EPA Brownfields Assessment Grant Applications September 22, 2014 Page 3 of 3 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. Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts 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, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. This agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the agreement. Work will not begin until COMPANY receives a signed agreement. The effective date of the agreement shall be the last date entered below. City of Waterloo, Iowa Accepted by: Printed/ Typed Name: Title: Date: HR GREEN, INC. Project Manager: Printed/ Typed Name: Scott Mattes Date: September 22, 2014