HomeMy WebLinkAboutImpact 7g-10/17/2016IMPACT79
Scope of Services for City of Waterloo
Project:
Waterloo Reinvestment District #1, Project Area 3
Project No:
2013175-S2
Address:
Environmental Conditions Marketing Brochure,
Stakeholder Coordination
Date:
10/03/16
Client:
City of Waterloo
Contact:
Noel Anderson, Planning Director
Address:
715 Mulberry Street.
City/State/Zip:
Waterloo, IA 50703
Phone:
319-291-4366
SUPPLEMENTAL AGREEMENT (SA) to original AGREEMENT approved by City Council on
August 18, 2014 made this 3rd day of October, 2016, by and between the service provider,
Impact7G, Inc. ("Provider"), and the Client, City of Waterloo ("Client.")
WHEREAS, the Client intends to engage the services of the Provider to complete an
Environmental Conditions Marketing Brochure and continue coordination on RCRA Regulated Site
Investigation activities;
WHEREAS, the Provider agrees to provide said services pursuant to the terms of this
Agreement.
NOW THEREFORE, the parties agree as follows:
1. Project
Impact7G agrees to further assist the Client with providing site redevelopment consultation and
technical assistance for the former RCRA-Permitted industrial property known as Project Area 3
within the Waterloo Reinvestment District #1.
2. Scope of Services
Continue to provide stakeholder coordination and environmental technical assistance to determine
redevelopment options for a former industrial property within the Waterloo Reinvestment District #1 on
the TechWorks Campus. Following completion of key tasks associated with the original contract and
contract supplement #1, additional coordination between the City, TechWorks, John Deere, and the EPA
has been requested to facilitate advancing redevelopment options throughout the TechWorks property
including but not limited to Project Area 3. Discussions with TechWorks and the City on September 29,
2016 resulted in specific courses of action requested from Impact7G. These actions or tasks may include
but not be limited to:
a. EPA Quality Assurance Project Plan (QAPP) Signatures. Coordinate with TechWorks, John
Deere environmental and/or legal staff regarding QAPP signatures and proposed intrusive
sampling activities at the referenced project site. Upon receiving the requisite signatures in the
EPA required QAPP, Impact7G can then revise the preliminary draft site-specific Sampling Plan
and Health and Safety Plan (HASP) (potential Contract Supplement No. 3) consistent with
evolving redevelopment planning concepts. Upon completion of the Sampling Plan and HASP
Impact7G can arrive at an estimate of probable cost for the sampling activities (potential Contract
Supplement No. 4).
1MPACT7G
9550 HICKMAN RD, STE 105 CLIVE, IA 50325 (P) 515.473.6256 (F) 515.528.8005 WWW.IMPACT7G.COM
Scope of Service
Environmental Technical Support SA No. 2
10/03/16
b. TechWorks Environmental Conditions Marketing Brochure. Prepare an informational sheet(s) or
brochure for prospective developers that provides a summary of past environmental due diligence
completed on the TechWorks property as a whole. The brochure should highlight environment
management and liabilities as it relates to transfer of parcels within the TechWorks area. Also,
the brochure should provide guidance for developers on planning and future construction
management as it relates to environmental permit conditions and covenants associated with the
site. The brochure will be written to be understood by the non-enviromental professional and
effectively serve as an informational marketing piece for interested parties. The target audience
for the brochure is prospective developers.
3. Provider 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:
(1) Provide a knowledgeable representative of the Property, who will be available
to coordinate all on-site work;
(ii) Provide unrestricted access to the Property for Impact7G to perform the
services; and
(Hi) Provide copies of any previously -completed reports that may be pertinent to
this Project.
5. Exclusions. The following services are excluded from this Scope of Service:
(i) Soil boring and/or monitoring well installation;
(0) Soil and/or groundwater sampling;
(iii) Contaminant modeling; and
(iv) Soil and/or groundwater remediation.
6. Schedule. The Project will commence immediately upon receipt of the Notice to Proceed
("NTP") from the Client.
7. Project Cost, Payment and Termination. The Client shall pay Impact7G per Impact7G's
2016 hourly rate schedule (attached) with a not to exceed fee of Five Thousand Dollars ($5,000).
Tasks
Cost
Waterloo Reinvestment District #1 Project Area 3 Environmental
Technical Assistance — Original Contract Value
$10,000.00
Waterloo Reinvestment District #1 Project Area 3 Environmental
Technical Assistance — Supplement No. 1, EPA QAPP
$8,000.00
Water Reinvestment District #1 Project Area 3 Environmental Technical
Assistance — Supplemental No. 2, Stakeholder Coordination,
TechWorks Environmental Conditions Marketing Brochure
$5,000.00
TOTAL
$23,000.00
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Scope of Service
Environmental Technical Support SA No. 2
10/03/16
Invoices for Impact7G's services will be submitted on a monthly basis. 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.
Any retainer amounts shall be credited on the final invoice. Accounts that remain 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, Impact7G may institute collection action and the Client shall pay all costs of
collection, including reasonable attorney's fees.
8. Work Product. All reports, plans, specifications, field data, field notes, laboratory test data,
calculations, estimates and other documents including all documents on electronic media prepared
by Impact7G as instruments of service 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 that it shall be solely responsible for job site safety, and
warrants that this intent shall be made evident in the Client's agreements with any third parties. The
Client also agrees that Impact7G and Impact7G's consultants shall be indemnified and shall be made
additional insureds on the Client's general liability policies on a primary and non-contributory basis.
10. 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.
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Scope of Service
Environmental Technical Support SA No. 2
10/03/16
11. 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 $ 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.
12. Mediation. 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 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.
13. Attorneys' 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.
14. Controlling Law. This Agreement shall be construed and enforced in accordance with the
laws of the state of Iowa.
15. 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, IA
Accepted
by:
Printed/
Typed
Name:
Title:
Date:
&ver n
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\o / 1 /1 to
IMPACT7G, Inc.
President:
Printed/
Typed Name:
Ryan Peterson
Date: 10-03-16
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Scope of Service
Environmental Technical Support SA No. 2
10/03/16
Impact7G, Inc.
2016 Standard Rate Schedule
Professional Services
Rate
Principal
$135
Senior Project Manager
$120
Project Manager
$100
Drilling Services Manager
$100
Environmental Specialist II
$80
Environmental Specialist I
$65
GIS Technician
$75
Drilling Technician
$70
Field Technician
$50
Training Coordinator
$85
Office Manager
$65
Administrative
$45
Reimbursable Expenses
1. All materials and supplies used in the performance of work will be billed at cost plus 10%.
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 15%.
4. All other direct expenses will be invoiced at cost plus 15%.
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