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Home My WebLink AboutHR Green - PSA - Phase 1 site assessment - 7.1.24H RGreen Simple Scope Short Form Agreement Project: Waterloo, IA — Parcel K Phase I ESA Client: Contact: Title: Address: City/State/Zip: Phone/Email/Fax No. City of Waterloo Noel Anderson Project No: 2402843 Phase No(s).: Date: 06/10/2024 Community Planning and Development Director 715 Mulberry Street Waterloo, IA 50703 319.291.4366 / 319.291.4262 The CLIENT agrees to employ HR Green, Inc. (COMPANY) to perform the following services: Complete a Phase I Environmental Site Assessment (ESA), per ASTM 1527, on the Parcel K shown on the attached plat survey which covers 0.283-acre area (SITE) in Waterloo, IA (see attached survey and map). The parcel is currently vacant. CLIENT will provide COMPANY with access to the SITE included in the Phase I ESA, a copy of the title history report/opinion of title for the SITE, and contact information for the current owner of the SITE. CLIENT will also complete a User Questionnaire. The Phase I ESA report will be made available to CLIENT within 30 days following Client authorization to start work. The schedule may be adjusted for items outside of COMPANY's control (ex: delayed response to records requests, interview, or site access) and CLIENT will be notified if any delays are encountered. The CLIENT agrees to pay COMPANY for the above scope of services: Time & Material, Not to Exceed in the amount of $5,100 ® Reimbursable Expenses Included ❑ Sub -Consultant Services Included ❑ Prepayment Required for Services to Commence Copy To: ® Accounting Version2.1 02052021 HRGreen TERMS AND CONDITIONS Short Form AGREEMENT Phase I ESA- Parcel 2402843 June 10, 2024 Page2of3 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 CLIENT's 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 agreements with contractors, subcontractors, sub -consultants, 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 CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' 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. 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 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 express 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 attorneys' 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 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. 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 sub -consultants 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 Version2.1 02052021 HRGreenm Short Form AGREEMENT Phase I ESA- Parcel 2402843 June 10, 2024 Page3of3 costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and sub -consultants 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 30 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 attorneys' fees. 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. The effective date of the AGREEMENT shall be the last date entered below. CITY OF WATERLOO 715 Mulberry Street Waterloo, IA 50703 319-291-4366 Accepted by: Printed/ Typed Name: Title: Date: Quen-6in sicr,rn Quentin Hart Mayor 7/1/2024 HR GREEN, INC. 8710 Earhart Lane SW Cedar Rapids, IA 52404 319-841-4374 Approved by: Printed/ Typed Name: Title: Date: Version2.1 02052021 iJ *' PREPARED BY/RETURN TO: FEHR GRAHAM, 221 EAST MAIN ST., SUITE 301 MANCHESTER, IA 52057 - PH: 563.927.2060 RECORDER'S INDEX COUNTY: BLACK HAWK ION' 23-1B9N—R13W QUARTER SECTION: SW1/4 CITY: WATERLOO SUBDIVISION: TECHWORKS ADDITION BLOCK: N/A LOT(S): PARCEL K IN PART OF PARCEL G, THAT PART OF LOT 1 OF TECHWORKS ADDTION PROPRIETOR: WATERLOO DEVELOPMENT CORPORATION AND TECH 1 COMMERCIAL CONDOMINIUM ASSOCIATION, INC. REQUESTED BY: CITY OF WATERLOO (NOEL ANDERSON) 11l1n l 11 I II III II11IIII IIIII IIIII III11IIIII III II 111111111111 Doc ID 012052040002 Type GEN Recorded: 12/2 /2023 at 11.17:33 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L SMITH RECORDER F11e2024-00008092 FOR RECORDER'S USE ONLY PLAT OF SURVEY PARCEL K IN PART OF PARCEL G, THAT PART OF LOT 1 OF TECHWORKS ADDITION, IN THE SW1 /4 OF SECTION 23-T89N-R13W WATERLOO, BLACK HAWK COUNTY IOWA LEGAL DESCRIPTION PARCEL K IN PART OF PARCEL G THAT PART LOT 1 OF TECHWORKS ADDITION. IN THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M.. WATERLOO, BLACK HAWK COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF PARCEL G RECORDED IN RECORDING INSTRUMENT #2020-00012244 ON FILE IN THE BLACK HAWK COUNT( RECORDER'S OFFICE, WATERLOO, IOWA; THENCE SOUTH 20'44'45' EAST (ASSUMED BEARING), 131.67 FEET ALONG NORTHERLY LINE OF SAID PARCEL G TO THE POINT OF BEGINNING; THENCE SOUTH 89'11138" EAST, 150.10 FEET ALONG NORTHERLY UNE OF SAID PARCEL G; THENCE SOUTH 00'48'55" WEST, 93.53 ttti ALONG THE NORTHERLY UNE OF SAID PARCEL G; THENCE NORTH 8911'38" WEST, 113.14 FEET ALONG A WESTERLY LAILNSION OF A NORTHERLY LINE OF SAID PARCEL G; THENCE NORM 20'44'45" WEST, 100.56 FEET ALONG THE SOUTHEASTERLY EXTENSION OF A NORTHERLY LINE OF SAID PARCEL G TO THE POINT OF BEGINNING; CONTAINING 0.283 ACRE, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. REFERENCE IS HEREBY MADE TO A PLAT OF SURVEY MADE BY DAVID L SCHEIL RECORDED AUGUST 4, 2006, IN RECORDING INSTRUMENT #2007003018; TO A FINAL PLAT MADE 8Y DAVID L SCHEIL RECORDED JULY 1. 2008 IN RECORDING INSTRUMENT #2009000007; TO A PLAT AND SURVEY MADE BY DAVID SCHEIL RECORDED JANUARY 9, 2020 IN RECORDING INSTRUMENT 112020-00012244; ALL ON FILE IN THE BLACK HAWK COUNTY RECORDER'S OFFICE, WATERLOO, IOWA. SURVEYOR: FEHR GRAHAM 221 EAST MAIN ST.. SURE 301 MANCHESTER. IA 52057 PROPRIETOR/OWNER: WATERLOO DEVELOPMENT CORPORATION TECH 1 COMMERCIAL CONDOMINIUM ASSOCIATION, INC. REQUESTED BY: CITY OF WATERLOO (NOEL ANDERSON) PROJECT LOCATION THIS PLAT OR SUBD VISION HAS BEEN REVIEWED BY (CITY 0 WATERLO IGNATURE OF OF WATERLOO) ZONING ORDINANCE ADMINISTRATOR • DATE LOCATION MAP NOT TO SCALE / e C to - f3AN tti 23 rCr k�T 40N4 Nip ft. , IC.Ilti .mmmwsis uubmn,,s AtIPN ffiSM"))0rr .40 vt, w.. ®S.®eer•,444 7 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of lowo. Adam J. Recl/er. R.L.S. License Number. 24627 My license renewal date is December Sheets covered by this seal: SHEETS 12-21-2023 Date 31. 2023. 1 THROUGH 2 r FEHR GRAMM ENGINEERING 8 ENVIRONMENTAL d 2023 FEHR GRAHAM l ILLINOIS IOWA WISCONSIN G\Drawing\C3D\22\22-1363\22-1363—Legal.dwg • FLD BK: FEHR GRAHAM 2023—RECKER NO.1 PG: 52-53 SURVEY WAS COMPLETED ON: DECEMBER 1, 2023 1 1 JOB NUMBER: J l 23-1481 SHEET NUMBER: 1 1 of 2 J PREPARED BY/RETURN TO: FEHR GRAHAM, 221 EAST MAIN ST., SUITE 301 MANCHESTER, IA 52057 — PH: 563.927.2060 rInACr �E� f GO oMM�ROP 5 oMM�NC\NG pcoll LOO 1 pLAT FINAL ERE JD MUNUM7 4-8 EG. tpp009 W t N S E PLAT OF SURVEY PARCEL K IN PART OF PARCEL C, THAT PART OF LOT 1 OF TECKWORKS ADDITION, IN THE SW1 /4 OF SECTION 23-T89N-R1 3W WATERLOO, BLACK HAWK COUNTY IOWA 25' ROADWAY EASEMENT POINT OF BEGINNING PARCEL K PARCEL ROADWAY EASEMENT AGREEMENT REC. INSTRUMENT #2009010204 LOT 1 (R S 89'S8'00" w iao.10') S 89"11'38" E 150.10' PARCEL K 0.283 ACRE PLATPAR SE'„L UMENT RE- 7003pj8 T FI CNWOR 5 TEAODITIOUMENT REC' p9000007 ▪ • h va ri rn rn 304 ▪ N ✓ l' "' co b b • o o z co ¢ (R S 89'56'00' W) S 89'11.38" E N 89'11.38" W 113.14 146.79' ar SURVEY PIA PARCEL ENT REC- INS000122g4 #2020 0 MIMMIliaamEmir (R) RPC LEGEND FOUND 1/2"0 REBAR W/RPC #16775 FOUND CUT X SET 1/2"0 REBAR W/RPC #24627 SET CUT X SURVEY BOUNDARY EXISTING EASEMENT EXISTING PROPERTY UNE RIGHT-OF-WAY WIDTH PREVIOUSLY RECORDED AS RED PLASTIC CAP 40' 20' 0 40' I H I I GRAPHIC SCALE IN FEET SCALE: 1 "=40' FEHR G ENGINEERING & ENVIRONMENTAL D2023 FEHR GRAHAM ILLINOIS IOWA WISCONSIN JOB NUMBER: 23-1481 SHEET NUMBER: l 2of2 I Legend 0 Subject Property - ParcelK Site Location Map Parcel K City of Waterloo Black Hawk County, Iowa 0 75 Feet 1 inch = 75 feet H Rreen