HomeMy WebLinkAboutImpact7G PSA - properites 1651 and 1659 Sycamore - 10.7.24psa-091124_Waterloo_Phase_I_ESA_1651_1659_Sycamore_StIN PACT7���
8951 Windsor Parkway, Johnston, IA 50131
515.473.6256 • info@impact7g.com
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Professional Services Agreement (PSA)
Project:
Phase I Environmental Site Assessment
Property: 1651 and 1659 Sycamore Street, Waterloo, Iowa
Date: 9/11/2024
Client:
City of Waterloo
Contact:
Address:
Mr. Noel Anderson
715 Mulberry Street
City/State/Zip:
Waterloo, IA 50703
Phone: 319-291-4366
Email:
noel.anderson@waterloo-ia.org
AGREEMENT made this 11th of September 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: complete a Phase I
Environmental Site Assessment (ESA) of the site described below in Section 1 (the "Property").
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 I ESA for the Property as defined below:
Property
Address(s):
Parcel ID(s):
1651 and 1659 Sycamore Street, Waterloo, IA 50703
Property
Acreage:
Black Hawk County parcels 891325283014, 891325283015, 891325283016, and
891325283017
0.74 acres
Impact7G will complete the Phase I ESA report in accordance with ASTM E1527-21, the Standard
Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (the
"ASTM E1527-21 Standard Practice").
2. Scope of Services
This Project scope includes preparing a Phase I ESA report in general accordance with the ASTM
Sustainable Environmental Solutions
Professional Services Agreement
City of Waterloo
9/11/2024
E1527-21 Standard Practice for the purpose of identifying recognized environmental conditions (RECs)
in connection with the Property, at least to the extent feasible pursuant to the processes described in
the referenced practice. An environmental professional, as defined by 40 CFR §312.10(b), will oversee
and/or conduct all elements of this Project scope and provide opinions in the Phase I ESA report. The
Project scope also includes documenting the results of an inquiry per United States Environmental
Protection Agency's All Appropriate Inquiries Rule, or AA! (as promulgated by 40 CFR §312).
In conducting this Project scope, Impact7G will utilize the Phase I ESA elements and methods outlined
in Sections 7 through 12 of the ASTM E1527-21 Standard Practice. This includes the following
components:
• The Records Review will include obtaining and reviewing records that will help identify RECs in
connection with the Property.
• The Reconnaissance will include a visit to the Property to collect information and make
observations to help identify RECs.
• Interviews with Past and Present Owners, Operators, and Occupants will obtain information
about current and past features, uses, activities, and conditions at the Property in support of
identifying RECs.
• Interviews with State and/or Local Government Officials will obtain commonly known information
or records about the environmental condition of the Property or surrounding area.
• The Evaluation and Report Preparation will report the findings and conclusions of the Phase I
ESA, supported by the Environmental Professional's opinions and appropriate documentation
to support the findings.
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 both unrestricted access to the Property for Impact7G to perform the
Reconnaissance and a knowledgeable representative who will be available to provide
access to any structure interiors and answer questions relating to the use of the Property
and its operations;
(ii) Provide contact information for the Property's owner and occupants, as well as any
former owners, operators, or occupants that are reasonably known to the Client;
(iii) Provide copies of any previous environmental assessments or other reports or
commonly known information that may be pertinent to the environmental condition of the
Property; and
(iv) Should the Client (or User of the Phase I ESA report, if different) want to qualify for
innocent landowner, contiguous property owner, or bona fide prospective purchaser
limitations on CERCLA liability (i.e., the landowner liability protections, or LLPs, the
Client must also provide a completed User Questionnaire (see Attachment 1 of this
Professional Services Agreement).
Sustainable Environmental Solutions • Page 2
Professional Services Agreement
City of Waterloo
9/11/2024
5. Schedule
Impact7G will initiate the Project Scope of Services upon receipt of the executed Professional Services
Agreement (PSA) from the Client. Impact7G anticipates being able to prepare the Phase I ESA report
within approximately four weeks of receiving the signed PSA.
6. Project Cost, Payment and Termination
The Client shall pay Impact7G the lump sum cost outlined in the table below 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 cost to streamline the accounting process and
reduce overhead costs.
Project Tasks - 1651 and 1959 Sycamore Street, Waterloo, Iowa 50703
Phase I Environmental Site Assessment
Cost
TOTAL
$3,200.00
$3,200.00
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.
Sustainable Environmental Solutions • Page 3
Professional Services Agreement
City of Waterloo
9/11/2024
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.
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.
Sustainable Environmental Solutions • Page 4
City of Waterloo Impact7G, Inc.
Accepted by:
Printed/
Typed Name:
Title:
Date:
Quentin Hart
Mayor
10/7/2024
Project
Manager:
Printed/
Typed Name:
Date:
Professional Services Agreement
City of Waterloo
9/11/2024
26c faup(
Steve Prideaux
9/11/2024
Sustainable Environmental Solutions • Page 5
Professional Services Agreement
City of Waterloo
9/11/2024
ATTACHMENT 1
PHASE I ESA USER QUESTIONNAIRE
Sustainable Environmental Solutions • Page 6
Phase I Environmental Site Assessment
User Questionnaire
(modeled from Appendix X.3 of the ASTM E1527-21 Standard Practice)
A. Purpose:
To qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business
Liability Relief and Brownfields Revitalization Act of 2001 (the "Brownfields Amendments"), the
User must conduct the following inquiries (Section C, below) required by 40 C.F.R. §§312.25,
312.28, 312.29, 312.30, and 312.31. These inquiries must also be conducted by EPA Brownfield
Assessment and Characterization grantees. The User should provide to the environmental
professional the following information for the property subject to the Phase I ESA (the "Property").
Failure to conduct these inquiries could result in determination that "all appropriate inquiries" is
not complete.
B. User and Property Information:
1. Name / Organization of User
2. Date Questionnaire was completed
3. Property Address(es)
(please provide Property map or other records, if necessary, to identify all parcels and boundaries)
C. Results of Property Inquiries:
This section is to be completed by the User of the Phase I Environmental Site Assessment (ESA) report. Please
include any lengthy responses on a separate sheet and refer to the number or letter of the item from this page.
1. Environmental liens that are filed or recorded against the Property (40 CFR §312.25).
Did a search of land title records (or judicial records* where appropriate) identify any
environmental liens filed or recorded against the Property under federal, tribal, state, or local
law?
2. Activity and use limitations that are in place on the Property or that have been filed or
recorded against the Property (40 CFR §312.25).
Did a search of land title records (or judicial records* where appropriate) identify any activity
and land use limitations (AULs), such as engineering controls, land use restrictions, or
institutional controls that are in place at the Property and/or have been filed or recorded
against the Property under federal, tribal, state, or local law?
*In certain jurisdictions, federal, tribal, state, or local statutes, or regulations specify that environmental liens and
AULs be filed in judicial records rather than in land title records. In such cases judicial records shall be searched
for environmental liens and AULs.
Phase I ESA User Questionnaire
Page 1 of 3
3. Specialized knowledge or experience of the person seeking to qualify for the LLP (40
CFR §312.28).
Do you have any specialized knowledge or experience related to the Property or nearby
properties? For example, are you involved in the same line of business as the current or
former occupants of the Property or an adjoining property so that you would have specialized
knowledge of the chemicals and processes used by this type of business?
4. Relationship of the purchase price to the fair market value of the Property if it were not
contaminated 40 CFR §312.29).
Does the purchase price being paid for this Property reasonably reflect the fair market value
of the Property? If you conclude that there is a difference, have you considered whether the
lower purchase price is because contamination is known or believed to be present at the
Property?
5. Commonly known or reasonably ascertainable information about the Property (40 CFR
§312.30).
Are you aware of commonly known or reasonably ascertainable information about the
Property that would help the environmental professional to identify conditions indicative of
releases or threatened releases?
For example (summarize details, if known):
(a.) Do you know the past uses of the Property?
(b.) Do you know of specific chemicals that are present or once were present at the
Property?
(c.) Do you know of spills or other chemical releases that have taken place at the
Property?
(d.) Do you know of any environmental cleanups that have taken place at the Property?
Phase I ESA User Questionnaire
Page 2 of 3
6. The degree of obviousness of the presence or likely presence of contamination at the
Property, and the ability to detect the contamination by appropriate investigation [40
CFR §312.31).
Based on your knowledge and experience related to the Property, are there any obvious
indicators that point to the presence or likely presence of releases at the Property?
D. Additional Information to Support the Phase I ESA:
This information is intended to assist the environmental professional in competing the Phase I ESA report, but
it is not necessarily required to qualify for one of the LLPs as part of "all appropriate inquiries."
1. State the reason(s) the User is performing this Phase I ESA.
2. Describe the current use and occupancy of the Property subject to this Phase I ESA.
3. Summarize any other knowledge or experience with the Property that may be pertinent to the
environmental condition of the Property or useful to the environmental professional
completing the Phase I ESA report. This could include prior environmental assessment
reports, compliance reports, or other documents or correspondence. Provide copies of
reports or correspondence, where possible.
Phase I ESA User Questionnaire
Page 3 of 3
OBeacon" Black Hawk County, IA
Overview
Legend
Water
Parcels
These maps do not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk
County Assessor or their employees. These maps are compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contain information required
for local government purposes. See the recorded documents for more detailed legal information.
Date created: 9/11/2024
Last Data Uploaded: 9/11/2024 2:27:23 AM
Developed by‘111 Schneider
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