HomeMy WebLinkAboutImpact7G - PSA - FY23 Hammond Ave Bridge Replacement - 8.7.2023IN PACT7���
108 E 71h Street, Suite 2, Coralville, IA 52241
515.473.6256 • info@impact7g.com
www.impact7g.com
1
Professional Services Agreement (PSA)
Project: Hammond Avenue Bridge over Sink Creek Replacement Project (DOT# BROS-
8155(759)-8J-07)
Property: Hammond Avenue between East Orange Road and the Date: 7/13/2023
South City Limits (Section 14 & 15, T88N R13W)
Client:
City of Waterloo
Contact:
Wayne Castle, PLS, PE, Associate Engineer
Address:
City/State/Zip:
715 Mulberry Street
Waterloo, IA 50703
Phone:
(319) 291-4312
Email:
Wayne.castle@waterloo-ia.org
AGREEMENT made this twelfth day of July 2023, by and between the service provider,
Impact7G, Inc. ("Impact7G") and the City of Waterloo ("Client").
WHEREAS, the Client intends to engage the services of Impact7G to:
WHEREAS, Impact7G agrees to provide said services pursuant to the terms of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Project
Impact7G agrees to complete a Phase 1 Archaeological Investigation for the Hammond Avenue Bridge
Replacement project in accordance with federal, state, and local regulations for the above referenced
property.
2. Scope of Services
Phase I Cultural Resources Investigation
Impact7G will complete a Phase I Archaeological Survey for the proposed project area. Our
understanding is that the project area encompasses approximately 6.9 acres (see attached Project Area
Map). Our strategy for completing this project is to rely on a mixture of background research, geologic
investigations, and archaeological/architectural field investigations to identify cultural resources within
the project area. The architecture investigation will include a 0.25-mile buffer around the project area.
All proposed research will follow standards for archaeological investigations in Iowa defined by the
Association of Iowa Archaeologists (2022). The investigation will include:
• Comprehensive review of historic plat maps, historic records, archaeological site records, and
historic architectural inventories
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Professional Services Agreement
City of Waterloo
7/13/2023
• Detailed description of the project area, including maps and representative photographs
• Geoarchaeological investigations of the project area using hand sampling methods
• Archaeological field investigations that will include pedestrian survey and systematic subsurface
testing of areas with high archaeological potential or <25% ground surface visibility
• Analysis and interpretation of identified artifacts
• Documentation of architectural properties within a 0.25 mile buffer around the project area of
potential affect and site inventory forms for each historic property not previously recorded
• Preliminary evaluation of identified cultural resources with clear National Register
recommendations
• Preparation of a contract completion report meeting or exceeding State and Federal
requirements
This proposal does not include curation costs or advanced testing (Phase II) of cultural resources that
might be encountered during Phase I investigations. Impact7G will inform you immediately if significant
cultural resources are located within the project area.
This proposal assumes:
• Full and unfettered access for Impact7G personnel to the entire project area
• One mobilization from Impact7G's Coralville office for the fieldwork required (both
geomorphological and archaeological)
Seasonal Limitations: To allow for soil probing and shovel/auger testing, ground must not be frozen or
under snow. In agricultural areas, archaeology fieldwork must be completed while no crops are
planted and growing, or while they are less than 3 feet in height.
3. Impact7G 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 all on -site work; and
(ii) Provide unrestricted access to the Property for Impact7G to perform the services; and
(iii) Provide copies of any previously completed reports pertinent to this Project.
5. Schedule
The Project will commence immediately upon receipt of the executed Professional Services Agreement
(PSA) from the Client. Impact7G anticipates being able to complete the Phase I Archaeological
Investigation fieldwork in early Fall when crops have been harvested, with a contract completion report
to be delivered within four weeks of the completion of fieldwork.
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Professional Services Agreement
City of Waterloo
7/13/2023
6. Project Cost, Payment and Termination
The Client shall pay Impact7G the Lump Sum Cost of Six Thousand, Eight Hundred Dollars ($6,800.00)
for the performance of this Agreement. Direct costs such as communications, postage, routine printing
and copying are not invoiced separately, but are included with the Lump Sum to streamline the
accounting process and reduce overhead costs.
Tasks
Phase I Archaeological Investigation, Hammond Avenue bridge
replacement project
Cost
$6,800.00
TOTAL $6,800.00
Invoices for Impact7G's services will be submitted every 30 days or upon project completion if
project completion is less than 30 days. 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. Time and
material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation,
and market conditions.
7. Work Product All field notes, laboratory test data, calculations, estimates and other documents
including all documents on electronic media prepared by Impact7G as instruments of service and/or
used in the preparation of the final project deliverables 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 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 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. Proiect Site The Client agrees to use good faith efforts to maintain a safe Project site for
Impact7G staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include,
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Professional Services Agreement
City of Waterloo
7/13/2023
but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a
direct and immediate danger to any such individual potentially affected.
9. 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.
10. 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 $50,000. 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.
11. Mediation In an effort to resolve any conflicts that arise during 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.
12. 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 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.
13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws
of the state of Iowa.
14. 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.
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City of Waterloo
Accepted by:
Printed/
Typed Name:
Title:
Date:
Quei2Euz Ilarf
Quentin Hart
Mayor of Waterloo, IA
8/7/2023
Impact7G, Inc.
Project
Manager:
Printed/
Typed Name:
Date:
Professional Services Agreement
City of Waterloo
7/13/2023
Michael Fisher
7/13/2023
Prepared by Dr Gina Munson
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Professional Services Agreement
City of Waterloo
7/13/2023
Project Area Map
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