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HomeMy WebLinkAbout92-0826 WARZYN INC, 573 N. CRYSTAL ST RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WARZYN, INC. FOR 573 N. CRYSTAL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Warzyn, Inc. for 573 N. Crystal Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 26, 1992 Adopted: August 26, 1992 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk i Warzyn EtVihdL6Y5tt§ Inc. PROFESSIONAL SERVICES AGREEMENT AGREEMENT NO, GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS - 1. Services 3. Confidentiality e The specific Services to be performed by WAR- Warzyn shall retain,as confidential,all informa- 'Ell f•L�rwrY ZYN EK9P�J1�T XX INC. and its directors,of- lion and data furnished to it by the CLIENT 5 m0+e facers, shareholders, employees, agents, at- and/or others which is designated as 'Con- A 611.6%.6% :e fil:ates, independent professional associates, fidential.' Such information shall not be dis- " consultants and subcontractors, as the case closed to any third parry except as directed by MR, e) may be, (collectively, 'WARZYN') on behalf of CLIENT,or as required by law or regulation. the CLIENT shall be described and authorized from time to time by a fully executed Work 4 Maintenance of Professional S. Limitation of NVARZYN's . Order, a sample of which is attached to this Liability to CLIENT (substitute Agreement as Exhibit A. Each serially-num- Standards and Ethics Der kMENDM.ENT bered W rk Order to this Agreement shall be WARZYN must perform the Services in accord- (a)Any and all liability or cram for eamages prepared o WARZYN and submitted to the against WARZYN by CLI.t:.,whP . tared P Y ante with prevaiiin;professional standards and upon ea�iPaaF, tor,, , croies- CLIENT•s designated representative for review ethics, as well as applicable laws and regula- sional negligence (including errors• omissions and wriner.authorization to proceed prior to in- lions. If WARZYN believes that compliance itiation of Services by Warzyn. All work with the CLIENT's wishes could violate ap- °r other professional acts), or otherwise. shop authorized by Work Orders referencing this be limited to such loss, damage, lies o, or ( ) pl�cabie professional standards or ethics, laws liability as is covered under the polities o' in. Agreement snail be subject to the terms of this or regulations, then WARZYN shall so advise Agreement unless modified by• mutual consent E Pura ra and policy limits identified in the CLIENT and the CLIENT and WARZYN paragraph 7. in the Special Terms of the Work Order. shall immediately enter into discussions to ar- (b)In no even:shall WARZYN be responsible rive at a mutually satisfactory solution. Failing for any inctdenta!, indirect, impa~.. or conse. 2. Compensation for Services a solution, either party may terminate this uential damages (including loss of ofits (a) Services shall be invoiced under this Agreement in accordance with Paragraph 13. culled by CLIENT as a result of WARZYN's Agreement in accordance with the provisions of performance or nonperformance o' any Ser- the individual Work-Order(s) and/or the WAR- S. WARZYN's Warranty vices. ZYN STANDARD RATE SCHEDULE. WAR- (c)All claims, whether based upor, contra::. WARZYN shall apply present engineering tor., breach of warranty, profession! ZYN reserves Lie right, upon thirty (30) days and/or scientific judgment and use a level of et- written notice, to modify the referenced Rate � negligence(including errors,omissions or other written n; this rate adjustment usually occurs, fort consistent with the standard of professional processional acts), or otherwise, shall be Schedule-. at the beginning m the calendar year. Practice as measured on the date hereof and in deemed waived unless made by CLIENT in (b)Invoices shall be submitted once a month the locale of the Project in performing Services writing and received by WARZYN within one or upon completion of Services, at the disce- for CLIENT. EXCEPT ASSET FORTH HERE- (1) year after CLIENT reasonably knew or lion. of WARZYN, and payment is due upon IN, WARZYN MAKES NO WARRANTY, EX- should have known of its existence but, in no receipt of the invoice.A 1% per month service PRESSED OR IMPLIED, IN FACT OR BY event,shall such claim be asserted by CLI=r:T charge shall be added to all accounts which are LAW, WHETHER OF MERCHANTABILITY, later than six (5) years after WARZYN's com- not paid within thirty (30) days of date of in- FITNESS FOR ANY PARTICULAR PURPOSE pletion of the Services with respect to which the OR OTHERWISE, CONCERNING ANY OF claim is made. voice. (c) Client shall be responsible for and THE MATERIALS OR Services WHICH MAY pay BE FURNISHED BY WARZYN TO CLIENT. WARZYN at WARZYN'S prevailing rate for all 9. CLIENT Ind rrtrtification of time spent by its personnel in connection with (subbstltute per any court, administrative or other legal 6. Limitation of the Scope of WARZYN AMENDMENT) proceedings arising from or relating to Services Services `substitute per provided under this Agreement, regardless of AMENDMENT) id patio) linrit. ide.Mied in whether or not WARZYN is subpoenaed to ap- Any hazardous or toxic substances,hazardous PDFOVMPI pear at such proceedings by CLIENT or any or toxic wastes,pollutants and contaminants,or respamisible ie iihi d pepties lei d _ _ third party (CLIENT shall be entitled to a credit other waste materials (the 'Waste Materials') against such tees for any statutory witness fees encountered by or associated with Services P0149MM60 0' =)' SOPiG616-;Q 111118 MalitifflU paid to WARZYN by CLIENT or any third provided by WARZYN on this Project shall at per) no time be or become the property of WAR- _ ` (d)In addition to the execution of this Profes- ZYN. Affaiiii9spReAls 19F Ike 090MAGAI. swage. from ' sional Services Agreement and related Work d Order(s), a project initiation payment, com- puted as follows, shall be received by WAR- ZYN for each applicable Work Order and shall represent authorization by CLIENT for WAR- 10.Information Provided by ZYN to proceed with its Services. CLIENT t0 OthefS a Pre .F•rro• Itv sAic•^ sl ? (a)WARZYN shall indicate to CL1E t�?the in- Lessthani5.00: Project Budget formation need=d for rendering the Services re- !5.0001oS2JA:' 55.000 quired under mis Agreement, as wet! as, likely Greater than$=:-'. 25%cOProjectBudge! to ition per sources ol this information, with suct: sources 7. Insurance Such project initiation payment(s) shall be ap- AMENDMENT) to include but not be limited to CLIEN . WA;;- plied against the final project billing. ZYN shall review existine information provided (e)All payments shall be remitted to: eaVellepes by others and shall o;ve CLIENT its opinion of Warzyn Belig&&tV Inc. the risk associated with reliance on such intar- Dept.00757 '� mation. CLIENT understands that it;s impcs- Milwaukee.WI 53259-0757 sible to eliminate all risk because o. inherent Anention: Accounts Receivable _ limitations on the techniques available to develop Lne information, and/or because of er- CLIENT for oelay or camace caused CLIENT signatories o: this Acreement a:the actresses rors.omissions or inaccuracies which may exist because o!such suspension of Services. se;torn herein or such other addresses as Lne in the information. parties may designate. (b)To the extent that CLIENT expects WAR- 1, ZYN tz rely solely upon existing information, 1 S. Entire Agreement without the opportunity for WARZYN, in its professional and/or scientific judgment, to ap- i The terms and conditions set forth hereir,con- propriately validate the accuracy and reliability stitute the entire unoerstandinc o, fns parties of such ir.:ormation, the CLIENT agrees to relating to the provision of Services by waive any any claim against WARZYN and to in- ZYN to CLIENT and shall be incorpora:ed:r:all demnity. defend, and hold harmless WARZYN - Work Orders and authorzat:ons uniess c:her- from and against any and a:; claims or liability wise shied therein. This Agreemen: may be for injury or loss allegedly arising from errors, medifying behedwies. FOOSAMPRIP19 amended only by a written instrument s:cnet omissions or inaccuracies in existing informa- OR"-ss-sw. by bosh parties. tion provided to WARZYN by CLIENT or others. 14. Recovgry 9f Dispute Resolution 19.Precedence Costs ldeletion per These General Terms and Conc;;icns s`.z.: 11.Right of Entry (substitute per AM N MENT). take precedence over any inconsisten: or con- CLIENT shall provide for ,VPA--. N,NIT to _ r tradictory provisions contained in any enter from time to time property owned by - issued purchase order, requisition, notice t: CLIENT and/or other(s) in order for :,'ARZYN proceed, or like document re_arc.r.c to fulfill the scope o! Services„ miielwded WARZYN's Services. X_ _ _ 20.Severability t It any of these General Terms and Cond:ticn,wndepaispide-Me! the shalt be finally determined to be invalid or un. r enforceable in whole or in par., the remaining ti - provisions hereof shay: remain in full, force ant effect, and be binding upon the parties hereto. ggai 191 WARZYN, aid evieeg 1 S.Independent Contractor The parties agree to reform this Agreemen:to WARZYN scull no: act as CLIcNT's aces: or replace any such invalid or unenforceable employee, but rather, as an independent con- provision with a valid and enforceable provision tractor.WARZYN shall be solely responsible for that comes as close as possible to the inten• t the compensation, benefits, contributions and bons of the stricken provision. taxes,if any,of its employees and agents. 21 .Survival 1 G.Assignment All obligations arising prior to the termira:ion o! This Agreement is to be binding on th e heirs, this Acreement and all provisions of this Agree- to be based upept WA Ag z ee so!edLAIM Mid expeMe successors and assigns of the parties hereto ment allocating responsibility or liability be- P940 and is not to be assigned by either party tween CLIENT and WARZYN shall survive the without first obtaining the wrinen consent of the completion of Services hereunder and the ter- 12.Opinions of Cost other. mination of this Acreement. WARZYN's opinion of probable construction 22.Governing Law costs and/or operations and maintenance costs 17.Notices 9 provided for herein are to be made on the basis Any notices required or permitted to be sent This Agreement shall be governed by and inter- of WAAZYN's judgment as an experienced and may be delivered personally, or by telegram or preted pursuant to the rules of the State in qualified design professional, familiar with the certified mail, return receipt requested, to the - which the Project site is located. construction industry. But WARZYN cannot and does not guarantee that proposals,bids,or total construction costs will not vary from opinions of probable cost prepared by WAR- The terms and condition set forth herein are accepted as of thisav ot , ZYN. CLIENT � WARZYN Lc)g1tYXJDER1.'4xINC. 13.Termination, Suspension or Company C-4,W Signature-, Abandonment (substitute per ND �� b Signature By: Sandra L. Sroonian (a) This Agreement ma} y either party upon fourteen (14) days written By: A k R t`C e✓ Titie: S e n 1 0 r M a n a g e r notice, should the other party tail substantially to per•orm in accordance with the terms o! this Title: rj5ldl �Y1� Phone: ( 7 0 S ) 691 -5000 Agreement through no fault o! the terminating party. Phone: t'/ O d Address: 2100 Corporate Dr . (b) It CLIENT fails to make payment when due WARZYN for Services. WARZYN may, Address: S A d d i s o n , I L 60101 upon seven (7) days written notice to CLIENT, suspend performance of Services under this �Q,� L Agreement. In the event o! suspension o! Ser- vices. WARZYN shat: have ne liability to WEI CONTR No.001: 12168 AMENDMENT PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO. 91618392 Substitute the following in place of Paragraph 6. Limitation of the Scope of Services Any Hazardous or toxic substances, hazardous or toxic wastes, pollutants and contaminants, or other waste materials (the "Waste Materials") encountered by or associated with Services provided by WARZYN on this project shall at no time be or become the property of WARZYN. Addition to Paragraph 7. Insurance Insurance certificates reflecting the policy coverage should be provided to the City of Elgin. The Certificates should state that the City of Elgin and the Eby. iS additional insured. Substitute the following in place of Paragraph 8. Limitations of WARZYN'S Liability to CLIENT, Subparagraph (a). (a) Any and all liability or claim for damages against WARZYN by CLIENT, based upon tort, professional negligence (including errors, omissions or other professional acts), or otherwise, shall be limited to such loss; damage, injury, or liability as is covered under the policies of insurance and policy limits identified in Paragraph 7. Substitute the following in place of Paragraph 9. CLIENT Indemnification of WARZYN. WARZYN INC. shall defend and indemnify the City of Elgin from and against legal liability from damages arising out of the performance of the service for the City of Elgin where such liability is caused by the negligent act, error, or omission of Warzyn or any person or organization for whom Warzyn is legally liable. AMENDMENT PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO. 91618392- Page 2 Continued Substitute the following in place of Paragraph 11. Right of Entry. Client shall provide for WARZYN'S right to enter from time to time property owned by Client and/or other(s) in order for WARZYN to fulfill the scope of Services. Substitute the following in place of Paragraph 13. Termination, Suspension or Abandonment. (a) This Agreement may be terminated by either party upon fourteen (14) days written notice, should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the terminating party. (b) If CLIENT fails to make payment when due WARZYN for Services, WARZYN may, upon seven (7) days written notice to CLIENT, suspend performance of Services under this Agreement. In the event of suspension of Services, WARZYN shall have no liability to CLIENT for delay or damage caused CLIENT because of such suspension of Services. Deletion of entire Paragraph 14. Recovery of Dispute Resolution Costs. [CHI-50343] JLB/mp[rES ATTACHMENT I Certifies That: 1. The undersigned firm certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue except for tax it is contesting in accordance with the procedures establishing by the appropriate revenue act. 2. The undersigned firm certifies that the firm is not barred from making an offer to contract as a result of a violation of either Section 33E-e, or 33E-4 of Chapter 38 of the Illinois Revised Statutes. 3. The undersigned firm certifies that the firm shall com- ply, where applicable, with the Wages of Employees on Public Works Act (Illinois Revised Statutes, Chapter 481 Section 39S, et. seg. ) . 4. The undersigned firm certifies that the firm shall com- ply with the City of Elgin's contract compliance ordi- nance relating to Affirmative Action. By: Date: CITY OF ELGIN CONTRACT COypLIANCE AFFIRMATIVE ACTION INFORMATION To assure compliance With the City of Elgin's contract ' all ntrtors and compliance ordinanceidders" coareac reque ted to d submit herein the referred to as b • following Affirmative Action information: 1. Work Force Analysis using the enclosed bidder's employee utilization form. Z. Provide the information form if required heanswer item to question the employee utilizat on the form is •yes' . 3. Provide a written commitment outlining f h recruitment and bidder plans to take in the a promotion of minorities and female to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement. ) BIDDER'S EMPLOYEE UTILIZATION This report is required by the City of Elgin and shall be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action — City Contracts 1. Name and Address of Bidder Description of Project o� � sseuoo a� �maen art JOB CATEGORIES Y Y �, V Y r s • TOTALS OtYidal and lids Tslephoae No. Date Sisasd pale spat= of company _,oi.._ !. Have you ever been awarded a bid by the City of Elgin? p YE S No a. If the answer to #02 is yes• lepse submit a copy of the Employee Utilization For qtr!a fully uoompiited copy your of last successful bid along this toms. 4. U the statistical data provide above shofis under— utilization of asis>orityy and/or female. please submit. according to the suldiline provided in th* attached docuanent. a written oornraitnsent to provide equal ernployment opportunity. : contractor t da ils to NOTE In eonsply with the t ire lorn and affirmative action rovisioas of the Ciyyty of Elsie. the City suspend the other actions wholenorlIn 1part ate or' CITY OF ELGIN EQUAL. MeLOYMENT- WRITTEN COXXITxENT GUIDELINE The written commitment required in item #4 of the "Bidder's Employee Utilization Form" shall.: 1. Set out the name and .phone number of the bidder's Affirmative Action Officer. 2. Clearly identify the bidder's recruitment in area the and the percentage of minority population and labor force. 3. Set out what ruitbidder minority and female employees s goal to be done 4. Set out the bidder's specific goals to recruit minority and opportunities ni ies availablenthrouprograms h the bidder's organization. opp S. Indicate bidder's consent to submit to the City of Elgin upon request, statistical data concerning its employee composition and recruitment efforts anytime during the term of the contract. 5. Show bidder's consent to distribute copies of the written commitment to all persons who participate in recruitment, screening, referral, selection and hiring of job applicants for the bidder. 7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written commitment meeting the above requirements or their affirmative action plan to the City of Elgin. 8. Clearly state that the bidder agrees that: "Bidder (company name) shall not discriminate against any employee, or applicant for employment because of race, color, religion, sex; ancestry, national origin, place of birth, age or physical handicap which will not interfere with the performance of the job in question." AGREEMENT NO. ORDER NO. EXHIBIT "A" WORK ORDER WARZYN INC. and its directors, officers, shareholders, employees, agents, affiliates, independent professional associates, consultants and subcontractors, as the case may be, (collectively, "WARZYN") agree to perform for CLIENT, on this speck Project,the Services described below. The Services shall be performed subject to and upon the terms and conditions set forth in the Professional Services Agreement(the "Agreement") dated June 19, 1992, by and between WARZYN and CLIENT,which Agreement is hereby amended to incorporate this Work Order. CLIENT: Citv of Elgin PROJECT LOCATION(s): Garage at 573 Crystal Avenue Elgin,Illinois SERVICES: Phase II Environmental Assessment PROPOSAL REFERENCE: 91618392 STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1/1/91 SPECIAL TERMS AND CONDITIONS: Lump Sum COST ESTIMATE: $11,800-Option 1 , - AUTHORIZATION This Work Order and the scope of services (the "Services") defined herein are approved and WARZYN is hereby directed and authorized to proceed with the Services for the designated Project in accordance with the terms and conditions of the above-referenced Agreement. Requested By: Accepted By: CITY OF LG c— WARZY NC. r! gy. _ By: Sandra Sroonia - sect Muager Date: 521172-- Date: June 19, 1992 [CHI 503 43a] WARZYN June 19, 1992 Mr. Raymond Moller City o`Elgin 150 Dexter Avenue Elgin,Illinois 601 20 Re: Proposal for Phase II Environmental :assessment Garage at 573 Crystal Avenue Proposal No. 91618392 Dear 1.ir. Moller. Warzyn Inc. (Warzvn) welcomes the opportunity to submit this pro-posal to the City o:Elgin for the performance of a Phase II Environmental Assessment of the above referenced site. This proposal is provided in response to our conversation. A description of proposed project tasks, a schedule for project performance, and a I cost are also provided. SCOPE OF WORK Wwzyn has completed it's Prase I site visit and discussed the findings of this work with the City of Elgin. On the basis of this information, Warzyn has recommended additional investigative activities to de"ine possible surface and subsurrace soil contamination at the property, with the following tasks to be performed: Task Z: Soil Sampling Program A total of five soil borings will be placed around the two existing underground storage +arks. Two samples will be collected at each of the two tanks, and one will b.;ta',: n adjacent to the retaining wall downgradient from the tanks. Borings will be perlforrred to a maximum depth of 20 ft. Tht samples will be analyzed for the common gasoline parameters: benzene, vhylbenzene, toluene and xylenes (typically referred to as BE'I'X) and polynuclear aromatic hydrocarbons (PNAs). If contamination is detected during performance of the soil borings, additional borings may be required to define the extent of contamination. This will be discussed with The City of Elgin, and additional borings will only be perfermed upon The City of Elgin's authorization. Additional drilling anal sampling is not in.-luded within this work scope. -!IIF: Pt:IJ k:' I ILv_1:t Ii AA! CItP_ifiATIl CHICAGO ';rpi CU ha'UI�1l[UIZIG 41U1> A. fl , IUI _. WARZYN This sampling scope of work is based upon existing site information. If unexpected conditions are encountered during the field investigation program, some modifications may be made to the sampling program or analyses. If an increase in the project cost would result from these modifications, this will be discussed with you prior to initiation. The drilling program assumes that encountered soils will not have unusual characteristics, such as containing large pieces of concrete, numerous rocks or metal objects. Task 2: Analytical Testing A maximum of seven soil samples will be submitted to Warzyn's analytical laboratory for BETX and PNA analysis under standard chain-of-custody procedures. The samples will be selected to represent the unsaturated, fill, and saturated zones based on field observations. Task 3: Data Assessment and Remediation Cost Development Upon receipt of analytical results, this data will be reviewed in association with previous site information, and an evaluation made of identified contaminant distribution. This will document the type, location, and concentrations of contaminants, and provide an interpretation of this information with regard to overall site issues and conditions. Task 4: Project Report A project report will be provided to the client, documenting the performance w the sampling program and providing field and analytical results. Analytical results will be summarized in tables and discussed with regard to potential environmental concerns. Soil boring logs for locations investigated will describe subsurface conditions at the property. The conclusions of the Data Assessment effort (Task 3) will be included, and recommendations provided, if requested. SCHEDULE AND COST ESTIMATE Warzyn proposes to conduct this Phase II Assessment on a lump-sum basis in accordance with the enclosed Warzyn Inc. Amended Master Services Agreement and Work Order. If additional services are requested by the City of Elgin these will be invoiced on a time and materials basis according to the attached fee schedules. Option 1 Services as outlined in this proposal, (#91618392)................................................................................ $11,800 Phase 11 Proposal June 19,1992 Citv of El ir. Page WARZYN Option 2 Services as outlined in this proposal, if performed in conjunction with work outlined in the Warehouse property proposal (#91616492) datedMay 21, 1992.................................................................... $10,700 Authorization to proceed can be accomplished by signing and returning one copy of the attached Work Order. Cost estimates for this project are provided assuming standard lab turnaround time (3 to 5 weeks). If a quick turnaround of 1 to 2 weeks is requested, analytical costs may be 2 to 3 times normal costs. Warzyn will schedule the site soil sampling upon receipt of the signed Work Order. Samples collected will be sent by strict chain-of-custody procedures to Warzyn's Analytical Laboratory for quantitative analysis. After lab results are received, Warzyn will contact the client and discuss the results of the investigation. Unless otherwise directed, Warzyn will then prepare the final project report, and provide three copies to the City of Elgin. CLIENT RESPONSIBILITIES Right-of-access to the site will be provided by the City of Elgin. A representative of the owner or current tenant should be available onsite at the time of the site visit, unless other arrangements have been made. Information collected during the assessment will be maintained as confidential unless Warzyn is required to disclose such information by law. Should such circumstances exist,Warzyn will notify the City of Elgin before any such disclosure is made. The City of Elgin understands the assessment may uncover conditions that,by law, it must report to a regulatory agency and acknowledges that in such circumstances, Warzyn shall have no responsibility to do so. Because drilling activities require penetration of subsoils, the presence of underground utilities must be identified prior to drilling. It is the responsibility of the City of Elgin or its agent to identify and mark utilities before field work is initiated by Warzyn. Also, movement of the drill rig across the site may disrupt surface soils and grass cover,particularly during wet conditions. Although steps will be taken to minimize such an occurrence,Warzyn and its subcontractor are not responsible for repair of damaged areas. Drilling operations may result in the collection of contaminated subsurface materials at the surface. The materials will be contained in 55 gallon drums and left at the borehole, unless other arrangements are made. It is the responsibility of the client to dispose drummed materials. Phase 11 PTOPOsal June 19.1992 City of Elgin Page WARZYN We trust this proposal is sufficient for your present needs. If you have any questions or comments,please contact me at (708) 691-5045, or Jody Bernstein at (708)691-5027. Sincerely, W ARZYN INC. i i Sandra L. Sroo Senior Manager- Operations Enclosures: Exhibit"A"Work Order(2) Protocol or Subsurface Soil Sampling ACC/njt/MAL [CHI 503 431 91618392 Phase 11 Proposal June 19,1992 City of EI in Page