HomeMy WebLinkAboutEocene - PSA _Phase_I_ESA_100_East_4th_St - 2.17.2025AGREEMENT (PSA)
Project: Phase I Environmental Site Assessment
PROFESSIONAL SERVICES Eocene-
- Environmental Group
Property: 100 East 4th Street, Waterloo, IA 50703
Client: City of Waterloo
Contact: Noel Anderson
Address: 715 Mulberry Street
City/State/Zip: Waterloo, IA 50703
Phone: 319-291-4366
Email: noel.anderson@waterloo-ia.org
AGREEMENT made this 10th of February 2025, by and between the service provider, Eocene Environmental Group,
Inc. (Eocene) and City of Waterloo (Client).
WHEREAS the client intends to engage the services of Eocene to: complete a Phase I Environmental Site
Assessment (ESA) of the site described below in Section 1 (the "Property").
WHEREAS, Eocene agrees to provide said services pursuant to the terms of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Project
Eocene 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") for the Property defined below:
Property
Address(es):
100 East 4th Street, Waterloo, IA 50703
Parcel ID(s):
Black Hawk County Assessor's Office parcel 8913-25-108-005
Property
Acreage:
1.0 acres
2. Scope of Services
This Project scope includes preparing a Phase I ESA report in general accordance with the ASTM 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
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
09-24
PAGE 1 OF 5
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 State Environmental Protection Agency's All Appropriate Inquiries Rule, or AAI (as
promulgated by 40 CFR §312).
In conducting this Project scope, Eocene 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. Eocene Responsibilities
Eocene Hereby agrees to:
I. Provide the professional services as set forth in this Agreement; and
II. 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 Eocene 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; and
III. Provide copies of any previously environmental assessments or other reports or commonly known information
that may be pertinent to the environmental condition of the Property.
5. Schedule
The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from
the Client. Eocene 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 Eocene the lump sum cost of Three Thousand, Eight Hundred Dollars ($3,800.00) 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.
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
09-24
PAGE 2 OF 5
Tasks
Cost
Phase I Environmental Site Assessment
$ 3,800.00
Total
$ 3,800.00
Invoices for Eocene'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, Eocene
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 Eocene as instruments of service and/or used in the preparation of the final project
deliverables shall remain the property of Eocene.
All project documents including, but not limited to, plans and specifications furnished by Eocene under this project
are intended for use on this project only. Any reuse, without specific written verification or adoption by Eocene,
shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Eocene 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 Eocene, and
Eocene makes no warranties, either express or implied, of merchantability and fitness for any particular purpose.
In no event shall Eocene 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, Eocene 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 Eocene in electronic form only for information and use by Client for the specific purpose for
which Eocene 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
Eocene without Eocene'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 Eocene
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 Eocene 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 Eocene. Eocene'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 Eocene because of this Agreement
or the performance or nonperformance of services hereunder. The Client and Eocene 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 Eocene
unless the Client has first provided Eocene with a written certification executed by an independent professional
currently practicing in the same discipline as Eocene and licensed in the State in which the claim arises.
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
09-24
PAGE 3 OF 5
10. Limited Liability
The Client agrees, to the fullest extent permitted by law, to limit the liability of Eocene and Eocene'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 Eocene 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 Eocene 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 Eocene 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 Eocene upon both parties signing and dating the
agreement. The effective date of the agreement shall be the last date entered below.
*NOTE FOR PHASE 1 ESA PROJECTS: For the Client (or User of the Phase I ESA report, if different) 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 return a completed User Questionnaire prior to the final report
(see Attachment 1 of this Professional Services Agreement).
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
09-24
PAGE 4 OF 5
CITY OF WATERLOO
Accepted by: Que/iuz J it
tcIr
SIGNED
Printed/Typed Name: Quentin Hart
Title: Mayor
Date: 2/17/2025
EOCENE ENVIRONMENTAL GROUP, INC.
Accepted by: 6 f1i11
Printed/Typed Name: Steve Prideaux
Title: Project Manager II
Date: 2/10/2025
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
09-24
PAGE 5 OF 5
ATTACHMENT 1
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 User 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 / 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.
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
ASTM E1527-21 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?
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
ASTM E1527-21 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.
8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com
ASTM E1527-21 User Questionnaire
PAGE 3 OF 3
VBeaconinn Black Hawk County, IA
Parcel ID 891325108005
Sec/Twp/Rng n/a
Property Address 100 E 4TH ST
WATERLOO
940001
District
Alternate ID n/a
Class C
Acreage n/a
Overview
Legend
Owner Address FDP CD LLC
201 N HARRISON ST APT 402
DAVENPORT, IA 52801
Brief Tax Description ORIGINAL PLAT WATERLOO EAST LOT 9 BLK 3 SELY 55 FT LOT 10 BLK 3 & ALL THAT PART OF A TRACT OF LAND IN
THE FRACT BLK OPPO
(Note: Not to be used on legal documents)
Date created: 2/7/2025
Last Data Uploaded: 2/6/2025 11:25:23 PM
Developed b
p Yr, SCHNEIDER
� GEOSPATIAL