HomeMy WebLinkAboutHR Green - PSA EPA Brownfields-11/13/2017HRGreen
PROFESSIONAL SERVICES AGREEMENT
For
City of Waterloo
EPA Brownfields Community -Wide Assessment Grants
Urban Core and Broadway Street Corridor
Mr. Noel Anderson, Community Planning and Development Director
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
319-291-4366
Jim Halverson, Vice President
HR Green, Inc.
8710 Earhart Lane SW
Cedar Rapids, IA 52404
HR Green Project Numbers
10160054 and 10160055
November 6, 2017
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TABLE 4 F CONTENTS
1.0 PROJECT UNDERSTANDING
2.0 SCOPE OF SERVICES
3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT
4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES
5.0 SERVICES BY OTHERS
6.0 CLIENT RESPONSIBILITIES
7.0 PROFESSIONAL SERVICES FEE
8.0 TERMS AND CONDITIONS
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THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC.
(hereafter "COMPANY").
1.0 Project Understanding
1.1 General Understanding
US EPA awarded CLIENT two Brownfields Community -Wide Assessment Grants in FY
2016 to investigate underutilized properties potentially impacted with petroleum and/or
hazardous substances within the targeted Urban Core and Broadway Street Corridors.
COMPANY will assist CLIENT with meeting programmatic requirements of the EPA
Brownfield Assessment Grants.
1.2 Design Criteria/Assumptions
Work activities will be completed in accordance with EPA Brownfield Program Guidelines.
2.0 Scope of Services
CLIENT agrees to employ COMPANY to perform the following services:
The Scope of Services is outlined in Attachment A to this Professional Service Agreement
(AGREEMENT). COMPANY developed the Scope of Services to align with the CLIENT's
Cooperative Agreement Work Plan for the Brownfield Assessment Grants, and said Work
Plans are hereby incorporated into this AGREEMENT.
3.0 Deliverables and Schedules Included in this Agreement
Deliverables and schedules are outlined with the work scope in Attachment A.
This schedule was prepared to include reasonable allowances for review and approval
times required by the CLIENT and public authorities having jurisdiction over the project.
This schedule shall be equitably adjusted as the project progresses, allowing for changes
in the scope of the project requested by the CLIENT or for delays or other causes beyond
the control of COMPANY.
4.0 Items not included in Agreement/Supplemental Services
COMPANY will provide services as outlined in the Scope of Services to the point that the
budget allows.
Supplemental services not included in the AGREEMENT can be provided by COMPANY
under separate AGREEMENT, if desired.
5.0 Services by Others
COMPANY will utilize Iowa -licensed drillers and laboratories to provide drilling and
chemical analyses services, respectively, for this project.
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6.0 Client Responsibilities
CLIENT will be responsible for submitting reports and documents to the EPA. COMPANY
sees itself as a partner in CLIENT'S Brownfield project and requests that copies of
information that the EPA provides the client be forwarded to the COMPANY for reference.
CLIENT will need to provide support for obtaining site access to brownfield properties
owned by third parties.
CLIENT will provide COMPANY with access to CLIENT GIS data and offer timely GIS
support to COMPANY in regards to this data.
7.0 Professional Services Fee
7.1 Fees
The fee for services will be based on COMPANY standard hourly rates current at the time
the agreement is signed. These standard hourly rates are subject to change upon 30
days' written notice. In the event that the project transitions into future year(s) the hourly
rates will be adjusted to be consistent with the COMPANY'S published rates for those
years. Non salary expenses directly attributable to the project such as: (1) living and
traveling expenses of employees when away from the home office on business connected
with the project; (2) identifiable communication expenses; (3) identifiable reproduction
costs applicable to the work; and (4) outside services will be charged in accordance with
the rates current at the time the service is done.
7.2 Invoices
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.
7.3 Extra Services
Any service required but not included as part of this contract shall be considered extra
services. Extra services will be billed on a Time and Material basis with prior approval of
the CLIENT.
7.4 Exclusion
This fee does not include attendance at any meetings or public hearings other than those
specifically listed in the Scope of Services. These service items are considered extra and
are billed separately on an hourly basis.
7.5 Payment
The CLIENT AGREES to pay COMPANY on the following basis:
Per current Rate Schedule with an estimated fee of:
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Three hundred sixty-four thousand two hundred dollars and zero cents ($364,200.00).
8.0 Terms and Conditions
The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it.
8.1 Standard of Care
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.
8.2 Entire Agreement
This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY
relating to professional engineering services. Any prior or contemporaneous agreements, promises,
negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or
amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT,
its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement,
CLIENT will pay for the additional services even though an additional written Agreement is not issued or
signed.
8.3 Time Limit and Commencement of Services
This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein.
The services will be commenced immediately upon receipt of this signed Agreement.
8.4 Suspension of Services
If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar
days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated
for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In
addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as
a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the
remainder of the Project shall be equitably adjusted.
If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate,
the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice
to the CLIENT.
If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five
(5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the
CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any
breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the
CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY
shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees
as a result of the suspension.
8.5 Book of Account
COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental
expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for
examination by CLIENT at the corporate office of COMPANY during that time.
8.6 Insurance
COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General
Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability
insurance caused by the negligent performance by COMPANY's employees of the functions and services
required under this Agreement.
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8.7 Termination or Abandonment
Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party, then the obligation to provide
further services under this Agreement may be terminated upon seven days written notice. If any portion of the
services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in
regard to compensation and payment shall apply insofar as possible to that portion of the services not
terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for
services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of
such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for
termination costs.
8.8 Waiver
COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall
not constitute a waiver of any other term, condition, or covenant, or the breach thereof.
8.9 Severability
If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of
competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full
force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed
herein.
8.10 Successors and Assigns
All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties
hereto, and their respective successors and assigns, provided, however, that no assignment of this
Agreement shall be made without written consent of the parties to this Agreement.
8.11 Third -Party Beneficiaries
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. The COMPANY'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
the 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, sub -consultants, vendors and other entities involved in this project to carry out the intent of
this provision.
8.12 Governing Law and Jurisdiction
The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity,
interpretation and performance shall be governed by the laws of the State of lowa without regard to any
conflict of laws provisions, which may apply the laws of other jurisdictions.
It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this
Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State
of Iowa.
8.13 Dispute Resolution
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 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.
8.14 Attorney's 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 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.
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8.15 Ownership of Instruments of Service
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. COMPANY shall retain these records for a period of five (5) years
following completion/submission of the records, during which period they will be made available to the CLIENT
at all reasonable times.
8.16 Reuse of Documents
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 CLIENT's use or reuse of the electronic files.
8.17 Failure to Abide by Design Documents or To Obtain Guidance
The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should
COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others'
failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies,
ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing
COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim
against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury
or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to
obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies,
ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans,
specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any
time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee
schedule and expense reimbursement policy.
8.18 Opinion of Probable Construction Cost
COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended,
designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator
or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be
considered equivalent to the nature and extent of service a construction cost estimator or construction
contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions
that will be encountered on site; the specific decisions of other design professionals engaged; the means and
methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the
contractor will employ; contractor's techniques in determining prices and market conditions at the time, and
other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY
cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT
waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction
cost.
8.19 Design Information in Electronic Form
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
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 CLIENT'S 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.
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The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to
computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or
uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the
completeness or accuracy of any materials provided on electronic media after a 30 day inspection period,
during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in
accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT,
COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by
COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The
CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy
construction documents. In the event of a conflict between the signed construction documents prepared by
the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern.
8.20 Information Provided by Others
The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and
instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports,
data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and
completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may
arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's
consultants and contractors.
COMPANY is not responsible for accuracy of any plans, surveys or information of any type including
electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of
plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs,
arising out of or connected in any way with the services performed by other consultants engaged by the
CLIENT.
COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a
topographic survey provided by others will not be done under this contract unless indicated in the Scope of
Services.
8.21 Force Majeure
The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any
delays for causes beyond the COMPANY'S control. CLIENT agrees to defend, indemnify, and hold
COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused
by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe
weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of
any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S
contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe
weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches
and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the
COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a
reasonable adjustment in schedule and compensation.
8.22 Job Site Visits and Safety
Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub -
consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,
duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or
procedures necessary for performing, superintending or coordinating all portions of the work of construction in
accordance with the contract documents and any health or safety precautions required by any regulatory
agencies. COMPANY and its personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or any health or safety precautions.
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 CLIENT's 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.
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8.23 Hazardous Materials
CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or
existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or
any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in
connection with or related to this project with respect to which COMPANY has been retained to provide
professional engineering services. The compensation to be paid COMPANY for said professional engineering
services is in no way commensurate with, and has not been calculated with reference to, the potential risk of
injury or loss which may be caused by the exposure of persons or property to such substances or conditions.
Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY,
its officers, directors, employees, and consultants, harmless from and against any and all claims, damages,
and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court
costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot,
fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants
in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or
watercourses, objects, or any tangible or intangible matter, whether sudden or not.
It is acknowledged by both parties that COMPANY'S scope of services does not include any services related
to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos
or hazardous or toxic materials at the job site, or should it become known in any way that such materials may
be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services,
COMPANY may, at its option and without liability for consequential or any other damages, suspend
performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or
contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that
the job site is in full compliance with applicable Taws and regulations.
Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume
the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the
Resource Conservation and Recovery Act, 42 U_S.C.A., §6901 et seq., as amended, or within any State
statute governing the generation, treatment, storage, and disposal of waste.
8.24 Certificate of Merit
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. This certification shall: a) contain the name and license number of the
certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of
care expected of a Design Professional performing professional services under similar circumstances; and c)
state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a
violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the
presentation of any claim or the institution of any judicial proceeding.
8.25 Limitation of Liability
In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks
have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of
the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -
consultants 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 the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders,
owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered
on this Project, whichever is greater. 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.
8.26 Environmental Audits/Site Assessments
Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to
defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all
damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental
Audit/Site Assessment report(s) without the written authorization of COMPANY.
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8.27 Municipal Advisor
The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as
defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a
municipal entity as defined by said Act, and the CLIENT requires project financing information for the services
performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their
independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A
sample letter can be provided to the CLIENT upon request.
This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties
signing and dating the AGREEMENT. Services will not begin until COMPANY receives a
signed agreement. COMPANY's services shall be limited to those expressly set forth in this
AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project
except as agreed to in writing. The effective date of the AGREEMENT shall be the last date
entered below.
Sincerely,
HR GREEN, INC.
Steve Prideaux
Approved by:
Printed/Typed Name: Es f ve0--
Title: V. P•
City of Waterloo
Accepted by:
Printed/Typed Name:
Title:Vk
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Date:
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ATTACHMENT A
Consultant Scope of Services
City of Waterloo, Iowa
EPA Brownfields Community -Wide
Hazardous Substances and Petroleum Assessment Grants
Part1: Tasks
Tasks and activities described in this Scope of Services correspond to the Cooperative
Agreement Work Plans submitted by CLIENT and approved by the U.S. Environmental
Protection Agency (EPA). Associated Task budgets also align with the Work Plan. This Scope
of Services ignores Work Plan activities solely completed by CLIENT (i.e., no consultant
responsibilities). Please note that actual services may require re -allocation of funds between
Tasks during the project period. All fund transfers will require CLIENT approval. Any fund
transfer greater than 10% of the total grant amount will also require EPA approval.
Task 1: Implementation
COMPANY will assist CLIENT, as needed, with coordination and implementation of
programmatic -related responsibilities linked to the grants. All reports, electronic or paper,
prepared by COMPANY will be submitted to CLIENT for review and submittal to the EPA.
Tasks for each grant include assisting CLIENT with:
• Preparing a Quality Assurance Project Plan
• Coordinating and attending project meetings with CLIENT and other parties (e.g. IDNR, EPA,
County and City officials, etc.) as necessary;
• Preparing Quarterly Progress Reports;
• Preparing annual MBE/WBE forms; and
• Preparing Final Performance/Programmatic Report.
Work Plan Estimated Budget for Task 1: Hazardous Substances Assessment Grant $4,000
Petroleum Assessment Grant $4,000
Task 2: Outreach
COMPANY will assist CLIENT with the types of outreach services outlined below:
• Assist with two public meetings (e.g., open houses, CLIENT Council meetings, group
presentations, etc.);
• Update brownfields brochure; and
• Maintaining the City's highly -interactive brownfields project website
(www.thenewwaterloo.com).
Work Plan Estimated Budget for Task 2: Hazardous Substances Assessment Grant $6,000
Petroleum Assessment Grant $6,000
Task 3: ESAs
COMPANY will complete ESA activities as outlined below:
• Prepare access agreements for targeted property owners;
• Prepare site eligibility request documents for EPA and Iowa DNR (petroleum only)
review;
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• Complete Phase I ESAs in accordance with ASTM E1527-13 which meets the EPA's All
Appropriate Inquiry (AAI) standard;
• Prepare Phase II Sampling Plans for properties selected by CLIENT for further
investigation;
• Complete Phase II ESAs in accordance with ASTM E1903-11; and
• Prepare/submit Property Profile Forms/Property Work Packages for all sites with
completed environmental investigations to the EPA ACRES database.
COMPANY will complete up to 15 Phase I ESAs and up to 8 Phase II ESAs under the
Hazardous Substances Assessment Grant and up to 17 Phase I ESAs and up to 8 Phase 11
ESAs under the Petroleum Assessment Grant. Actual numbers will depend on the size and
complexity of conditions and contaminants associated with a site.
Work Plan Estimated Budget for Task 3: Hazardous Substances Assessment Grant $164,300
Petroleum Assessment Grant $164,300
Task 4: Redevelopment Planning
COMPANY will assist the CLIENT with redevelopment planning activities under each grant.
Tasks include:
• Reviewing Phase II ESAs to evaluate cleanup needs and redevelopment alternatives;
and
• Creating 2 re -use plans per grant. Plans will facilitate sustainable redevelopment in light
of prevailing regulatory standards and the requirements for enrollment in Iowa's Land
Recycling Program and in compliance with CLIENT's adopted planning documents. An
associated opinion of probable cost will accompany each option.
Work Plan Estimated Budget for Task 4: Hazardous Substances Assessment Grant $7,800
$7,800
Petroleum Assessment Grant
Part 2: Schedule
Task
Start
Complete
Notice to Proceed
November 2017
N/A
1
Implementation
18t QTR FY 2018
Ongoing
2
Outreach
2nd QTR FY 2018
Ongoing
3
ESAs
1st QTR FY 2018*
3rd QTR FY 2020
4
Redevelopment Planning
3`d QTR FY 2018
4th QTR FY 2020
*Start date for Phase II ESAs is dependent upon QAPP approval by EPA and Site Eligibility Determination approve
from EPA and IDNR
Part 3: Budget
The total contract amount of Three hundred sixty-four thousand two hundred dollars and zero
cents ($364,200.00) is being offered on a cost-plus, not to exceed basis per the current
COMPANY Hourly Rate Schedule. Each grant budget will be tracked separately and clearly
reported on invoices. Costs may be reallocated among the various tasks within each grant with
the approval of the CLIENT as allowed under the EPA Cooperative Agreement. Additionally,
costs may be reallocated to labor from the expense budget or from the expense budget to the
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labor budget with approval from the CLIENT. In accordance with federal regulations, funds will
not be shifted between grants.
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