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HomeMy WebLinkAboutImpact 7G - PSA - 2024 Rath Brownfield Cleanup - 9.3.24IM PACT7G \ 108 E 7th Street, Suite 2, Coralville, IA 52241 515.473.6256 • info@impact7g.com www.impact7g.com Professional Services Agreement (PSA) Project: Rath Buildings EPA Brownfield Cleanup Grant Property: 1442 Sycamore Street, Waterloo, Iowa 50703 Date: Client: City of Waterloo, Iowa Contact: Mr. Aric Schroeder, City Planner Address: 715 Mulberry Street City/State/Zip: Waterloo, Iowa 50703 Phone: 319.291.4399 Email: aric.schroeder@waterloo-ia.org 8/26/2024 AGREEMENT made this 26th day of August, 2024, by and between the service provider, Impact7G, Inc. ("Impact7G") and City of Waterloo ("Client"). WHEREAS, the Client intends to engage the services of Impact7G to: assist with the implementation of an US EPA Brownfields Cleanup Grant. 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 the required tasks for the implementation of the Environmental Protection Agency (EPA) CERCLA Section 104(K) Cleanup Grant Number BF9605401-0 for the cleanup of the Rath Buildings at 1442 Sycamore Street in Waterloo, Iowa for the period of 10/23/2023 through 9/30/2025. 2. Scope of Services Task 1: Program Implementation Our staff will collaborate with City staff to prepare and submit mandatory documentation to the EPA as specified in Client's cooperative agreement. These efforts include filing quarterly progress reports (QPRs), a Final Programmatic Performance Report, annual Federal Financial Report (SF 425), and annual MBE/WBE statements (5700-52a). Impact7G will act as the technical liaison during project discussions between the City of Waterloo, the State of Iowa, and federal regulatory agencies. Task 2: Community Involvement Impact7G will assist the City with hosting two community engagement open house events scheduled for September 2024 and March 2025, respectively. Impact7G will prepare the materials for each event Sustainable Environmental Solutions Professional Services Agreement City of Waterloo, Iowa 8/26/2024 and answer technical questions received from participants. The Impact7G team will attend two (2) in - person or virtual project partner meetings, one in September 2024 and a second in April 2025. Impact7G will prepare press releases scheduled for distribution in September 2024 and March 2025. These informational pieces will summarize project milestone activities completed to date. Impact7G will work with City staff to identify appropriate entities to receive press releases, such as local television stations, radio stations, newspapers, and social media outlets. Impact7G will also work with the City's previous consultant to finalize a brochure for the project and update the project's website routinely as the project progresses. Meeting notices, press releases, cultural and historic materials, bid specifications, and cleanup reports will be made available to the public on this website. Two on -site temporary signs are already installed at the property. Impact7G will update as necessary. Task 3: Site Cleanup Impact7G will schedule a kickoff meeting in September 2024 to be attended by City, EPA, Iowa DNR, and Impact7G staff to discuss the project and anticipated outcome. While the kickoff meeting is being scheduled and immediately following award of the QEP, Impact7G will begin preparation of the Quality Assurance Project Plan (QAPP) for confirmation sampling and collection of air samples. The QAPP will be completed and submitted to the EPA for review and approval in September 2024. In Impact7G's opinion, the previously completed ACM Survey is insufficient for bidding out the project as accuracy is crucial to limit contractor change orders and to keep the project on schedule. Impact7G will validate and confirm content within the existing ACM Survey and conduct additional necessary survey work in October 2024. Impact7G staff will work with Iowa DNR to secure Section 128a grant funds on behalf of the City of Waterloo to help pay for the additional survey work. The confirmatory ACM inspection will be completed outside of the scope of work detailed in this PSA. Once asbestos containing materials and quantities are confirmed, Impact7G will develop accurate and detailed cleanup and bidding specifications for selection of an asbestos abatement contractor. Impact7G will work with the City to incorporate green and sustainable remediation principles and techniques into the project wherever possible. Site Cleanup will also include air monitoring and project observation. Impact7G will provide air monitoring services and project observation, including the collection and analysis of personal air samples, short term excursion limit air samples, and field blanks as required by OSHA. In addition, area air samples by each asbestos removal area, air samples at each entrance to a containment area, and HEPA exhaust air samples will be collected and analyzed to document any potential asbestos fiber releases. These samples will be analyzed via the Phase Contrast Microscopy (PCM) method. At the completion of the asbestos removal and upon the passing of a visual inspection, final clearance air samples will be collected using the PCM method. By February 2025, Impact7G will prepare necessary reports and provide draft correspondence/documentation to the EPA who will lead the agency -to -agency coordination with Iowa SHPO for Section 106 compliance. Impact7G will work with the asbestos abatement contractor selected by the City to ensure all required permits and notifications have been received prior to beginning abatement. While abatement is occurring, Impact7G will oversee hauling and disposal of asbestos at the Black Hawk County Landfill. This will include obtaining copies of waste manifests and load tickets. Impact7G will also conduct interviews with asbestos abatement contractor workers during abatement and require certified payroll records to check for compliance with Davis -Bacon wage requirements. A minimum of 10 site inspections will be completed with an associated inspection report. 3. Impact7G Responsibilities Impact7G hereby agrees to: Sustainable Environmental Solutions • Page 2 Professional Services Agreement City of Waterloo, Iowa 8/26/2024 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 that may be 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 working closely with City staff throughout the life of this Grant. A schedule of proposed activities in enclosed with this PSA. 6. Project Cost, Payment and Termination The Client shall pay Impact7G on a Time and Materials with Not to Exceed Totals based on the attached 2024 Billing Rate Schedule for the itemized tasks listed below for the performance of this Agreement. Billing rates are subject to change on an annual basis. Direct costs such as communications, postage, routine printing and copying are included. Tasks Task 1: Program Implementation Task 2: Community Involvement Task 3: Site Cleanup NTE Totals $21,000.00 $15,000.00 $90,000.00 TOTAL NOT -TO -EXCEED COST $126,000.00 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 Sustainable Environmental Solutions • Page 3 Professional Services Agreement City of Waterloo, Iowa 8/26/2024 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 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, 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. Sustainable Environmental Solutions • Page Professional Services Agreement City of Waterloo, Iowa 8/26/2024 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. City of Waterloo, Iowa Accepted by: Printed/ Typed Name: Title: Date: 62uertaa art SI6 ED Quentin Hart Mayor 9/3/2024 Impact7G, Inc. Project Manager: Printed/ Typed Name: Date: Jon Reis 8/26/2024 Sustainable Environmental Solutions • Page 5 IMPACT? �a 2024 Bill Rates* 8951 Windsor Parkway, Johnston, IA 50131 515.473.6256 • info@impact7g.com www.impact7g.com Professional Services Rate Principal $200 Certified Industrial Hygienist $185 Senior Project Manager II $185 Senior Environmental / Water Resources Engineer $180 Senior Project Manager I $170 Environmental / Water Resources Engineer III $165 Environmental / Water Resources Engineer II $155 Project Manager / Drilling Manager $155 Senior Environmental Scientist / Specialist $145 Principal Archaeologist $140 Senior Architectural Historian $140 Environmental Scientist / Specialist III $140 Environmental / Water Resources Engineer I $130 Environmental Scientist / Specialist II $120 Architectural Historian $110 Environmental Scientist / Specialist I $105 Archaeologist $95 Drilling Technician $95 Field Technician $80 Intern $75 Graphic Designer & Marketing Specialist $130 Director of Finance $130 Director of Human Resources $130 Director of Information Technology $130 Human Resources Generalist $120 Senior Accountant $115 Office Manager $115 Accounting Specialist $100 Administrative Professional $90 Reimbursable Expenses 1. All materials, supplies and other direct expenses used in the performance of work will be billed at cost plus 20%. 2. Auto mileage will be reimbursed per the standard IRS mileage reimbursement rate. 3. Charges for sub -consultants will be billed at their invoice cost plus 20%. *Hourly bill rates are subject to change on an annual basis. Sustainable Environmental Solutions Anticipated Schedule Our team understands the EPA process and strives to implement each step as efficiently and effectively as possible in the interest of timeliness, cost, and quality. Upon project award and finalizing the scope of the cleanup, Impact7G will develop the Site -Specific Quality Assurance Project Plan within three months. By the end of Quarter 5, the cleanup plan specifications and bidding documents will be completed. It is anticipated the cleanup will be wrapped up within 16 months of project award - pending Section 106 approval of the scope of work. Community engagement activities, such as updating the project's website and creation of a brochure, will begin immediately following project award. Cleanup Tasks • 4 2024 Q5 2025 Q Q8 �2025 Kickoff Meeting Quarterly & Annual Reporting ACRES Updates Agency & Recurring Project Meetings SSQAPP Community Engagement Activities Update Outdoor Project Signage Finalize Project Brochure Website Updates IDNR Coordination for 128A Funding Supplemental ACM Survey Preparation of Section 106 Documents Section 106 Public Meeting Bid Specs and Bid Letting Asbestos Abatement Oversight Asbestos Air Quality Monitoring Davis -Bacon Compliance Review Final Cleanup Report & Documentation Impact7G, Inc. & City of Waterloo, IA — Rath Buildings Brownfield Cleanup • Page 14