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HomeMy WebLinkAbout92-1014 Warzyn Grove (2) ga- Iot`� ry ,� u30. Y Lu✓r RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WARZYN, INC. FOR TANK INVESTIGATION AT 229 NORTH GROVE AVENUE 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 tank investigation at 229 North Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 14 , 1992 Adopted: October 14 , 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk i _ - .WaPzyn-` ctl _ Inc. PROFESSIONAL SERVICES`AGREEMENT AGREEMENT NO. -..GENERAL-TERMS AND CONDITIONS-FOR ENVIRONMENTAL ASSESSMENTS • ' - 1. Services:- - 3• . Confidentiality. sr°tl ai? The specific Services-to be performed by WAR- Warzyn shall retain,as confidential,all informa- dwti,',,•',j Cw,wprf , 'ZYN high INC.and its directors,of-, -bon-and data furnished to it by the CUENT �''"4l"""°"r ficers:-shareholders;`employees, agents;' af- - • and/or others.which is designated as 'Con- AtIMr�aeetta r .3,.eea.!eoe w_:..,ca,..,__ filiates,',independ_ent�professional associates, fidential.'•_Such information shall n_ot be dis-., consultants'and subcontractors, as the case _ closed to any•third party except as directed by may be,-(collectively,'WARZYN') on behalf of -CLIENT,or as.required by law or regulation. the CUENT shall be described and authorized ' • • `from time to time-by'a,fully executed Work' • • 8. Limitation of WARZYN's 4. Maintenance of Professional Order, a sample of which is attached to this Liability to CLIENT Substitute) ,Agreement as:Exhibit A. Each serially-num- Standards and Ethics Y per Amendment tiered YJcrk Order to this.Agreement shall be "' (a)Any and all liability-or claim for damages WARZYN must perform the Services in accord- against WARZYN b CLIENT, wkeilw►based prepared by WARZYN -and-,submitted to the - ance with prevailinc professional standards and y • CLIENT's designated representative for review upon cowir.-ret, tort;bceeeh.ai.rwc��w T, profes- ethics, as well as applicable laws and regula- sional negligence. (including.and written authorization to proceed prior to in-•- ( g-errors, omissions lions. If WARZYN believes that. pliance or otherprofessional illation of 'Services by Warzyn. . All work acts);or otherwise, shall authorized.b• Work Order(s) referencing•this with the CUENon wishes could violate ap- be limited to such loss,' damage, injury. Cr lica5le professional standards or ethics, laws Agreement shall be subject to the terms'of this o p liability as is covered under the,policies of in- or regulations, then WARZYN shall so advise policy limits identified in " Agreement unless modified by mutual consent the CLIENT and the CLIENT and WARZYN silence acid p cY in the Special Terms of the Work Order. - _ •'immediately enter into discussions to ar--, (b)In no event shall WARZYN be responsible • rive at a mutually satisfactory solution. Failing for any incidental, indirect impact, or conse- 2. Compensation for Services • • a' solution, either party may terminate this quential (including profits), in- P damages mdudin loss of Agreement in accordance with Paragraph 13. - (a) Services:shall;be,invoiced under this tarred by•CLIENT as'a result of WARZYNSs . ' Agreement in accordance with'the provisions of . - - • performance or nonperformance of any -Ser- - -the individualMork Order(s) and/or the WAR- 5. .WARZYN's Warranty • -' vices. . - ZYN STANDARD'RATE SCHEDULE. WAR- - - - - • (c) All claims,-whether.based upon contra::.- • -;.ZYN•reserve's the•right,-:upon thirty (30) days WARZYN, shall apply. present :engineering tort breach of warranty; professional written notice; to.modify;the referenced Rate. and/or scientific judgment and use.a level of of - negligence(including.errors,omissions or ether • fort consistent with the standard of professional acts),Schedule; this rate.adjustment usually-occurs, professional ) or otherwise, shall -be annually,at the beginning of 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 discre- - for CLIENT. EXCEPT AS SET FORTH HERE- (1) year after CLIENT_reasonably- knew or - . •'tion-of:WARZYN,-.and payment is_due, upon IN, WARZYN MAKES NO WARRANTY; EX- ,should have known of its existence but, in n_ receipt of the invoice.A 1%per month service PRESSED OR.IMPLIED, IN FACT OR BY" - 'event,shall suc.'t*claim be asserted by-CLIENT • -charge shall be'added to all accounts which are LAW, WHETHER `OF MERCHANTABILITY later than six (6) years;after WARZYN•s com- FITNESS FOR ANY PARTICULAR PURPOSE not paid Within'thirty (30) days of date of in- pletion of the Services with respect to which the OR OTHERWISE, CONCERNING ANY OF • claim ma de.ade. . voice. `=shall. ' .. THE MATERIALS OR Services WHICH MAY (c).Client-shall.be`responsble for and pay BE.FURNISHED.BY WARZYN TO CLIENT. • •WARZYN.at WARZYN'S prevailing rate for all 9. CUENT Indemnification of • time spent by_its personnel in connection with _ . any .court, =administrative a or other legal 6. Limitation of the Sco of WARZYN .(Substitute) P - per Amendment - . proceedings'arising-from or relating to Services Services (substitute per ept for claims co ered under the polici cf .provided under•this Agreement, regardless of Amendment') - insu and policy ' limits iden''',.d in . whether or not WARZYN is subpoenaed to.ap- Any,hazardous or toxic substances,hazardous Paragra 7, the CLIENT shal e solely pear at,such proceedings by' CUENT or any ' or toxic wastes,pollutants and contaminants,or responsible t ird parties for aces arisin= third party(CLIENT shall be entitled to a credit other waste materials (the''Waste Materials') • as a result of W YN's. , ormance or non= -against such fees foriany statutory witness fees . encountered by or associated with Services performance of any ces.To themaximum paid to WARZYN by CUENT or any'third provided by.WARZYN on this Project shall at extent permitted b w,- CLIENT.shall in- party). • . no time be or become the property of WAR- demnity, defer nd•hold hay s WARZYN (d)In addition to the execution of this Profes-- ZYN. angements for the treatment, stor , from all co - arising out of or con "ted With • - sional'Services Agreement and related Work . transport isposal of'any Waste rials, . -third p claims;'other than claims c red • Order(s), -a project initiation payment, corn- • which shall be de by WA , shall_be . un e policies of insurance and poiicy lin.. puted as follows, shall be received by WAR- construed as being m ' so and exclusive- ' ntified in Paragraph 7. _ . ZYN for each applicable Work Order and shall ly.on CLIENT's behalf f cNT's benefit and . • represent authorization by CLIENT for WAR= CLIENT shall ind nify, de e and hold 10. Informatio• n Provided b ZYN to-proceed with its Service's. ' harmless WA N from and agains and y all liabili ich arises out of the treat t, CLIENT to Others • ' praecSud�• -fnvc'Amcirr• - Stor transport o: disposal of any Waste - (a)WARZYN shall indicate to CLIENT the in- LessthanS5.00:• Pro*?ea6ud.get - terials. formation needed for rendering the Services re reaerthtn$20s2o.0C: 25% f• j quired under"tnis Agreement, as wet as, like/ Greater than 520.0. :25X of Prole t 6ucoe: - 7. .Insurance (Additionper sources of-this information, with such sources Such project initiation payment(s) shall be ap- - •Amendment to include but not bOirnited to CLIENT. WAR- - plied against the-final project billing. ZYN shall review existing information provided (e)All payments shall be remitted to: °_e"_etJ _- by others and shall"give CUENT its opinion cf ' Warzyn-H4iOtttaft'ig Inc. • - the risk associated with reliance on'such inicr- _T•rt��Di t'00757,':.' '-. VP' iwr� mation;CLIENT understands that it is imp=s-. s� F MlwaukeelWI;53259-0757 sible to eliminate all risk because of inherent - "Attention;IAccounts Receivable limitations on the :techniques available to • - 1 . develop.the.information;and/or because of err CLIENT:for delay 'or damage Caused.CLIENT signatories of this Agreement'at the addresses •rors,omissions or'inaccuracies which may exist -because of such suspension of Services., • • set forth herein or sucn other addresses as :ne • '. in the information.,- - • ' , ' : • ( especrve of which party shall effec:t - •parties,may designate. (b).To'the extent that CLIENT expects•WAR- miriatio . tn'- cause therefore, CLIENT all; - ZYN to rely solely upon existing information; 1 within calendar t rnatio ' 'thirty . ) c 'days of. • •1•8' Entire Agreement without the opportunity 'for WARZYN, in its pay•WARZYN rvices-ren and costs ' ,professional and/or scientific judgment, to apt ;incurred, in•accord e wit ARZYN's then- The terms and conditions,set forth herein c propnately validate the accuracy and.reliability " - prevailing'feeschedule expense rei'mbur- stitute,the entire understanding c' the pa-t.es of"-such ir..:ormation,,'the-CLIENT,'agrees to , .•sement policy, Se' s•a the associated reiating.to the. provision'of•Services by V.r, waive:any claim against sWARZYN'.and to in- ' costs shall'ncl those ren d,'up to •ZYN to'CLIENT and shall be incorporates :r.a -demnify, defend, and•hold harmless-,WARZYN - time of term' oh,as well as these .' ociared',. Work Orders,and authorizations unless o:ne- from and against any.and all claims..or liability with 't 'nation such .as. de•mobi bon; . wise•stated'therein. This Agreement may for.injury or loss allegedly arising from'errors; m • ng schedules, reassigning, person • ' amended only-by•a written instrument sign_ -omissions,or inaccuracies in-existing inform_a= d so on. .r . - - • • by both,parties:,.: . - lion provided ,to.'WARZYN by-CLIENT or _ . others. •'' 4• Recovery of Dispute Resolution' • 1.9. Precedence' ; • ' • ( t i p per.; • Costs(Deletion per AMENDMENT) These General Terms and Conditions sha. 1 1 .Right of.En takeprecedence-over,an inconsisten: or,-,-,::-. the even: that legal ac:'on is brough •y y • CLIENT shall provide 'for WARZYN's.righ:.to eith parry against the •otr•er .tor ha... .i or , ,tredictory provisions contained in;any CLIE:.: enter .from time.to.time..property owned, by , claim • •.maces or otherwise;i dine but " issued.purchase order,•requisition,. notice :_ CLIENT and/or other(s) in order for'-V:AR_ZYN . not limited , (i) non-peyr.,ent - invoices; (ii) ' proceed, or like document ream:-,:: 'to fulfill me sco of. Services• - - WARZYN's Services.. •.enforcement conditionsof ' h: eunder.CLIENT understands•tha:,use of - Agreement: or, iii -n -in an partyfrom. ' ;lion,equipment ma cause some da •• e, ( a of t ploY 9 violating the terms.-: - ditions of this-Acre�- 20.Severability • the c• ection•of which is not part of thi •greet ment;then the • essful•p-•% shall be entitled' If anyof these General Terms and Cenc,;io men:. ENT also understands the the dis to recover as par, •of its .mages, its - -covery .o. certain' conditions a or taking;, reason. Waal costs and exnens= or bring= shall,be.finally.determined to be invalid or un• preventative • easures relative • these"condi= • in• -- • maintaining any such action. . enforceable in whole or in part, the remainin; • lions may resu in a reductio• of the property's •` _ provisions hereof,shall remain in full force an: , ' ' value_.According CUEN -•waives:a'ny claim- . effect,'and be•binding upon the parties hetet_. • against'WARZYN, -rid =grees' to 'indemnify; '. , ,15. Independent Contractor.., -, • •The parties agree to reform this Agreement t: defend,'.and hold WA:/ N`harmless'from any WARZYN sr,all no: ac es CLIENT's.agent or : replace any. ;such, invalid or unenforceab;� _ claim or liability.for ju • or loss allegedly ens . .. employee;but-rather, as an independent con- provision with a valid and enforceable provision ing from proced es as •mated with subsur- ' tractor.'WARZYN shall be solely responsible for, • that comes as close as possible to me-inten- . face•,explorati• activities'o. •iscovery of un-• . . the,compensation, benefits,.contributions and . tions of the stricken provision. . controlled : te.Materials.In as•ition,CLIENT,;, ‘taxes,.if any:'of its employees and agents.' ' _ . ".' agrees' to ompensate WARZY or any time , " "' 2'1-.•Survival' spent • expenses incurred by •.RZYN.in' " 1 G.Ass' •nment • defe.-e of any such claim,.with com• nsation - g .,All obligations arising prior to the termination c to •e;based upon WARZYN's•then-pr• -fling . This,Agreement is to be binding on.the•heirs; this.Agreement and all provisions of.this'Acre_ .. -e schedule and;expense reimburse •nt . ••successors and assigns'of the.parties.hereto.• ment•,allocating responsibility or•liability b_- policy: :•- . '• - , . -• and is not to be•assigned"by, either party . tweeh:CLIENT and WARZYN shall survive ths • ' . without first obtaining the written consent of the completion of Services hereunder and the ter- :12. Opinions Cost • •other. . ' , , t - • urination of this'Agreement; . of • . WARZYN's .opinion of ,probable construction; • • 0 • • 17., Notices . 22.Governing Law , costs and/or operations and maintenance costs: - . , 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 i-c ••• of WARZYN's judgment as an experienced and may be delivered•personally, or by telegram or ;' ;preted.pursuant ,to'•the rules of the S:ate is ,qualified-design professional, familiar with the• certified.mail, return receipt requested; to;me 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.' • , r ., .opinions of'probable cost prepares by.WAR • . The terms and condition set forth herein are accepted as of this. • 'dav,of _ • ZYN. . ' ., . . • - ' ' CLIENT. r WAR * • .`.0 , .13.Termination,•Suspensionor .1.'_ Company signatur Pa. ' Abandonment• .(Substitute per" , AMENDMENT) Signature -%' By: Sand"ra. L: 'Sroonia i .(a)';This Agreement may be terminated by • either party upon fourteen (14) days written , o no ice, should the other,"party fail substantially • By: .- Lr • • 0 C Titre: S e n i.o r M a n a a e r. . . _ to perform in accordance with the terms o'this ' Agreement.through no fault of the terminating Title: ., ?T y / �A(p die Phgne: ( 7 O 8 ) 6 9 1 -5 0 O.Q parry.; '> Phone:, 9.. :J / !O' -U d Adcresc: 2100 Corporate. (b). If CLIENT tails to make payment when - - cue WMRZYN' for Services,'WARZYN may. Address:- •�S d /f 0 i! P d d i s o n-:.. I L 6 0 1 0 1 Upon.seven (7) days written' notice to CLIENT„ C ` , ' suspend 'performance of;Services''under this. cce' 62/Z ?/ • , Agreement" In the event of suspension of,Ser-• ,; 1, „ .. ' I' nc liabili to - - • vices,••WARZYh sha. have ty. WTI CONTR No.001; 12/68 • • • • AMENDMENT • • PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO. 91626292 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- Brown.Company are 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 Inderrinification_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. • • • ' 9 • • AMENDMENT PROFESSIOi'AL SERVICE AGREEMENT AGREEMENT NO. 91626292 - 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-801-05] JLB/mp/TES AGREEMENT NO. 92626292 • • • ORDER NO. One 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 specific 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. by and between WARZYN and CLIENT, which Agreement is hereby amended to incorporate this Work Order. CLIENT: City of Elgin PROJECT LOCATION(s): Kimball Street and Grove Avenue, Elgin. Illinois SERVICES: Limited investigation to determine the source of fuel oil contamination at the above referenced site PROPOSAL REFERENCE: 91626292 dated September 16, 1992 STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1/1/92 SPECIAL TERMS AND,CONDITIONS: Refer to proposal No. 91626292 dated September 16. 1992 COST ESTIMATE: Approximately two days of field work at.$2,400/day. disposal of 250 gallons of petroleum contaminated material $.1.465: and generation of a letter report$1,200. Pending disposal, a daily rate of$35/day will be incurred for a temporary storage tank. 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 WARZYN INC. • By: • By: L11iAC1- Sandra L. Srodntan-Senior Manager Date:. S / - Z Date: GGt - s) /q S Z Ichi-504-66] ATTACHMENT I .Warzyn, Inc. 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 n 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 corn- . • •ply, where _applicable, with 'the. Waqes -of -Employees .on - . Public Works Act ( Illinois Revised Statutes, Chapter 48, . , Section 39S,� et.' seg. ) . 4. . The undersigned: •firm certi-fies that- the firm shall :corm- ply with the City of Elgin's contract compliance ordi • - nance relating- to Affirmative Action. ' - Warzyn,• Inc . / . Sy' // - / , Date: /1 , T� l CITY OF ELGIN CONTRACT COMPLIANCE AFFIRMATIVE ACTION INFORMATION To assure compliance with the City of Elgin's contract compliance ordinance, all contractors and vendors ' herein referred to as "bidders", are requested to submit the ' - following Affirmative Action information: 1. Work Force Analysis using the enclosed bidder's employee utilization form. ' 2. Provide the information required by "item. *3 on the employee utilization form if . the answer to question 2 on • the form is 'yes' . 3. Provide a written commitment outlining the steps that the bidder plans to take in the .area of recruitment and 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. ) . . • . - - - CITY .OF- ELGIN . - %-- EQUALEMPLOYMENT , - • WRITTEN COMMITMENT GUIDELINE ' . The written -commitment required in item #4' of the "Bidder's. Employee Utilization Form" shall: .• - i: ', Set ' out the name and phone number of the bidder' . . . • Affirmative Action Officer. . • 2. Clearly identify the bidder's recruitment area and d the -percentage , of ,minority and female in the area's . population and labor force. . 3. Set out what - the bidder has done and has set- as goal to' ' •be done to recruit .minority and female employees. . 4. Set out the, bidder's specific goalsa to recruit minority . . -and female -for . training programs or other - similar . opportunities available through• the bidder' s organization. . • • 5. 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. 6. . Show bidder's consent to distribute copies of -the written. - - commitment to all persons who- participate in recruitment, . ,Commitment 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. "- Sif OCT 05 '92 13:34 WARZYN-CORP P.2/2 S. • BIDDERS EMPLOYEE UTILIZATI 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• • . I. Name and Address of .:Bidder Description of. Project. . • Warzyn Inc. • .Tank .Irivestictatio. 2100 .C6Yporate Drive . at Kimball. Street ' AC.CilSon, EL . 60101: • . Grove AYenue • . ` JOB .CATEGORIES Ea' 3PD a1 lm+ol • MPMFUFVF . 1 _ vtrlcaliManager • .._.511 '1 fi '3 ,1 ` 5 1 2l 1' .. , ;Pro_frwsiana+ - 7_S '27 1 ,2 1 A 2S IL... . Tarhnixian 17 1 2 1 f . 1 ' 6.-9 ' /11.4 f pp `Clerical 2 45 2. • ; I I . ". 6 _4 • . 95.7' drafts 4 0 - 25.0 operatives 72 1 •_ :11. IMMIII• Laborer'' 0,_ Service WOrkars , 0 v0 e ' 1 .- - 1 • f I • • 'X'OTALS 259 4 2 7 5 .0 . 38.2 • ture of Co a�ad,'Citle• .Telephone:No. Date Signed. Page . / / 708/591-5021 .10/5/92 1.1-0. omas E. Styczen, /v of..Administration . 2. Have you ev eon awarded a; laid by .the City of Elgin?. © NIEsERO8nrieniii kssess .er N° . 3. It the answer to #2 to yes, 'please mubmit a& copy. .of the Employee. Utilization Ferro that° was oixbmitted with. your... .le►et successful bid. along with es *tiny completed copy Of thie thie form. 4. If 'the vtetietioal data provided' above shows undar utilization •et minority and/or Veta'sale. please a.ubznit, . according to the guideeline provided in the attached dooumont. a written commitment to provide equal employment opportunity. I . NOTE: In the event that as, contractor or vendor. etc. tails to - comply'.with the fair employment and affirmative ' • action. pr co vlariormit of the City' of Elgin_• tki.ia City amongst other eaotiorLs may cancel, terminate or' a.i spend the contract in whole or in Part. • • Rev. 4/15/92 : . • [ 1 • •.-- OCT-e -t992 11:16 FROM S CHICAGO TO 99315610 P.02/03 ..... - CI)4—'4* f••••ect•4 '.Ute‘c".•=iegini-VoW .. .'Talfie." • 44...b.W4.:4'-•"'"I'acka*.. 1,41.•...M.I... .inlill.i.474-:4"..""69:UACall ... 1.' 27,' ..) . .-• . . , ., ,, ,I. •• roa.".44.r...-...-:4.•,.?4: 1••= . • *"....o. • ''. ' tri'Vra:Ct; 1 ojosi ••', 2,--•=1::=4 ""' •••,:,1 5,.' PRODUCIN 1 THIS CERTRIOATO M MOM A MATTER OF REFORMATION ONLY AND COMPERE Rose-7arna/1A Ic ; NO MONTS UPON THE cERTIFicATE HOLDER THIS OPRIFICATE DON tar/seem 630 Dundee RO.Suite 200 ! Erma)OR AUER THE CovERAGE AFFORDED RY THE POW=BELow P.O. 7 !• N IL. 60002-0347 i COMPANIES AFFORDING COVERAGE - .....".... i eourvie.A CNA INSURANCE COMPANES i Lorin B INTERSTATE FIRE&CASUALTY WARVN INC. ............ WARZYN SERVICES INC. i CLIRIPANT c MOO CORPORATE DRIVE .. .... , . ADDISION IL 90101 ; CoMPANY D . 1 Mr E - ik.tfii•-,,,.. ...a, •"-..:,44,..................„....... ...„,,...„ • ....-c,-m At-,•Amcirxew -Mig*TO CERTIFY VAT WE PoliotEB orPBURUGE USED BELOW HAW Deo IrESUEDTO THE mum NAMED ABOVE FOR THE palm PERIOD NotoATED.PIW ANDNG*( QUREMEWT,TENA on coplomoN or ANY ooNTRAerT oR 07111gR DOCUMENT WITH RVOPECTTOWroom mu CERTIFICATE MAY BE IDDVED OR MAY PERTABV,THE INSURANCE AFFORIJED Em 114E POLICIO DESCRIBED HEREIN II SUBJECT TO Au.'MR's', EXClusiON3 AND COOL:MONS OF sum Roma&Wen ottOwN MAY ROE MTh IntUctED BY PAID OLAIMS. i co, VII.PE OP MIUMOCE i POUO1 WOMB ; i PO=EPITOME !PELSOF OXPRIMOO I, , Ai IlorTS ainlORMita LTR i I i OAII MAWR I OATS portcreri i .Gomm LiMiurr i —.- I 'COMPOI.AINVISGAVI .I • i i ' ;coMMEMPL GENEFNAMILOY . . tg--1 OLAPOO teAtti—1 mon i i i r•-! i Citiitors a ooNnocitors----- mon i i r 1 i i----' ritimt.twin Pgkr tirm ormoN i. A I mnromozni mina, i RUA 0326940 • 05/01/92 1 05/01/113 t CIWBIPIED i c 1 ,?•,:;!, ,000 1,T1 tom= , 1 - PIIROCtf. L i j AU.OWPODAUVOS i i .KW •MUM, !s i X i coatouLso moos I Lem!el!im!O : . ..... • A •WED AMOS I •: ; i • !XICILT ; ., Eltiareez 1 X !WM:WM ALMA i • 1 •Owe'• !I ..___W;vrm-•XF;t& •-•-•-i ; `,.eitr.PcoldP01! - ••1=B: -.• . !GAME tleeLtrY , • ; 33P•Oita k 444 i • •INOPENIT ' mma !I/ I ants wear/ i r !E weal -gitaitaera ompeeme 1 i 1 I 1 7.:..•-i:..1.;I ,t• 1.....- ortoR THAN 1.oanzuA Kw.......... . . ... r; . •"ICIa''..I.IItikii,:.,7: D'.. 1 A i 111DICIM CdIgIrDISATKEN i WC 032E941 1 05/01/92 ! 05/01/93 i......s.SPF7.7...„ .........samis.a:har-wcy..ilial mongol i MO ; •• a • i . T..../... WAN o i 1,000 Mr:AEON:WV LEWD i Mr Lome*mourn, •. , • I ii000 gmommoom EMMA A PROPERTY-ALL RISK ; 0325938 1 05/01/92 1 05/01/93 ; 13,000 I • f • 1 1 11.1...X.A.AM.MASUTY j 03r.O. 1797D1 . __!....._.05/01/92....L. 05/01/93_._1.____1,00Q________ , ..____ DEscoorvioo or oroveitakocA—fiiiiiiiiiiii Rill Project Tank Investigation,Grove and Kimball Streets,Elgin,IL Certification holder Is an additional insured with respect to operations d the named Insured In connection with this project :1-77--, tom .--ar--,--77.-•;---r.,...,,,,.,,.....,:.s....---17......-.,- -4-4-4 .0,-;-1.7 clia-Vg=414..aa..--i.nsi.-iiilitta,4.-04-4. 4t.........,,,„zfErsv-.4 --4, • - '....x.iiceaw—eviefiztra,.,--.3,-,:,4,:.v.4,4,-. - _ .../2p,...3910.. u.,...4 ... ..: .._:dist."4....... -......„z„.,.. city of Elgin -- ettOUIDANYOPTole ABCM DE6C115ED POLICIES HE CAZOCELLED BEFoRE THE • c ge FAPIPATICH DATE TNETIEOF,vm sums CatipAtenta ENDEAyaale • • 'ISO Decterr owl ea Etaln IL 601204555 1 HAL-110-OM tgermle WIVE To THE=maws HOLDER NAME)TO TM • 1.1, LEFT,eurnst.USE 70 MAIL 51.01 NO110E MAU.IMPOSE/40 OBLRIATiom OR 7, LAWN QC ANY MED UM THE EMMY.no AREND;OR REARESENTATRIS. oft a ' 440 ,..1.-4,i,,,:,,yr:--74,-,5:-,w,::44,.„,y3;,,11,th,..„...2,--;•- .-• ._:,.,xixa. , s,; ....Tettt:lit....14111trAiiinakvisir ................t.„- . . ..... .„...,....a,„. ....ae;.<„,,t,.......,.., ......_ ... . . . ,:.. _ _• . 4.1 . ...: , cal.i„.„1..w wpm TV 42 UT5-1. 'mil uurg I I U. wcrtMsOitil EXTST69:1:11 SI:13T ES, aa no I • • OCT-07-1992 11:17 FROM S CHICAGO TO , 99315610 P.03/03 . • CERTIFICATE OF INSURANCE THIS IS A CLAIMS MADE POLICY . InsuranceCe Cos party This c rttflcats is Issued as • setter of information crow• only and conform no rights Wel the sertifioete "'Aell sit holder. This certificate does not vo nd, extend or fmfdh�he.as > ;`;ro oasaw•sef Alter the coverage afforded by the policies listed WOW. • flAME AND ADDRESS OF INSURED .., FLAME AND ADDRESS OF AGENCY I Y$ INc. Roee.Tt i torn. Inc. la1RZYN Sigtll I= INC. ' AID Dundee itd. Mite 100 2100 Corporate Drive p.o. lox 647 Addison IL 60101 t Northbrook IL 60062-0647 J L ; J This le to canny that ponies of(neweenue and below have been itstma;the bowed named abuse and it.In taros at ihie lima. NvtWWQatlmding Any rsquirament,term or condition of srry contract sr other document with me ct to urff dir lido cerrfioste may be hand or may pertain,the insurance afforded by the policies desert d herein le subject to d Rea terms.esalcarians and eci dgons et math lee ct Aur►s Ae pQ�eL1aY- POLIDY Limits at L tyihi Thousands)l cOYERAOES PoLtCY Ni. EWPItATIOR DATE- -- EACI OCLRJ! AGGREGATE COMMERCIAL GENERAL LIABILITY ALL CWIFIEN3ES, PREMUS - OPERATIOMs 00050 05/Qi/93 BODILY IN WAY ZOp0 0 PROPERTY E I PRODUCTS OCPPLETED DPMDS OPRRATIONS WARD COWIVID C ct7RTlACTUAL ;ADVANCE ©BROAD MRl1 PROPERTY • !teteloeto Corm WADE1 II MT cmintagtop$ D PanaoRAL INJURY . Do R ACCESS LIAINU1TY X$GL001i4 05/01/R1' 30d0 UIiRE� PORN BODILY lMal PURITY to OTIiER ThIN t11IBRELLA UAW BRA c*1IIRD ------- OTHERiTY-IIi.N PROP. LIABILITY W00S0 05/01/43 AND PROPERTY /game INCLUDED OPMGE POLL. LIABILITY - f - C01RED Projset: Tara Investtpaticn, Crave and iiatunit :treats, 1lgin, IL . Certification holder Is an additional insured with respect to aperatione of the named insured in connection vtth tlhio project. • liwtoegefon: Should any of the above daaaibed pelides be aanceil d before the expiration-dots thereof,the Tssuii, company win ma:W er to mail D0 day.wrlttenTrodoe to the biters named osrti ieate holder,but talhom to mall eta*flolloe shell(moon no ebiigadon or limb 1ty of Any RIM Won 41s eolidlonY. •rr• h-�. -,,RRrs . CERT CATS r." • city of Elgin DATE !NOIR 1 /03/ . be? 150 Oaxtarh m Ca 1 Elgin IL d0120-5555 • TOTAL P.03 - El EI ' in .er 17Age n d a Item No . • ��-3--v}. � °'�I)(0..�•.) - BUM . TO: Mayor and City Council FROM: Larry L. Rice, City Manager SUBJECT: Contamination at 229 N. Grove - Former Suds Laundry PURPOSE: This memo will provide the Mayor and city council with background information and proposed actions concerning the surface and subterranean contamination of the former Suds Laundry site at 229 N.Grove. BACKGROUND: On July 15, 1992 the Bureau of Inspection Services and the Fire Department were notified by a passing citizen, that a black tar-like substance was coming from a hole at the above referenced location and pooling • on the surrounding ground. The fire Department Hazardous Materials Unit responded to the scene and placed absorbant material on the pooled materials and barracades were placed around the immediate area surrounding the subject hole. • Samples of the material were sent for analysis which determined that the substance was #6 fuel oil . A . review of the City files found no record of underground fuel tank(s) for the site. At this point, no source of contamination has been determined. The hole is immediately above a small water meter vault and in the floor of the former boiler room of the laundry. It is therefore assumed that the product is coming from an underground fuel oil tank that was used to supply the laundry boiler. Warzyn, Inc. (Warzyn) was solicited to provide a proposal for the performance of a limited investigation to determine the source and extent of contamination at the site. Their proposal is attached for your reference. The required 20 Day Report has been sent to IEPA, but an extension of the 45 Day Report has been requested until additional information is available via the subject investigation by Warzyn. Warzyn estimates that the project would take approximately 2 days to complete. FINANCIAL IMPACT: The associated costs concerning this proposal would - be $7,465. An itemized list is provided below. Labor, equipment and materials for excavation of debris $4,800 Labor, pump, and storage tank for removal oil from the ground, disposal analysis, permitting, transportation, and disposal of 250 gallons of fuel oil/water solution $1,465 (If product is stored at the site in the tank to await transportation and disposal, daily rate is $35 . If more than 250 gallons is required to be removed, a unit price of $0 .65 per gallon will apply) . Letter of summary of investigation for IEPA reporting purposes $1,200 Total $7,465 RECOMMENDATION: It is staff 's recommendation that the proposed investigation by Warzyn be approved as submitted. dry i 1_• 'L.VI e, city Manager • • 1 • • �- - • • September 16, 1992 • Mr. Raymond Moller City of Elgin 150 Dexter Avenue Elgin,Illinois Re: Proposal for Tank Investigation Kimball Property Elgin, Illinois Proposal No. 91626292 Dear Mr. Moller. Warzyn Inc. (Warzyn)is submitting this letter proposal to the City of Elgin for the performance of a limited investigation to determine the source of fuel oil • contamination presence at the above referenced vacant site. This proposal is provided in response to our discussion on September 15, 1992. A description of the project approach, scope, and an estimated budget are discussed below. PROBLEM STATEMENT Warzyn understands that the site building was demolished after 1969. A review of a 1959 Sanborn Fire Insurance Map of the site indicates that a wet wash laundry occupied the site. This map identified the presence of two boiler rooms at the central eastern portion of the building. It appears that at least the most southern boiler room was below grade, as a stairway is shown on the map. City of Elgin personnel verified this information. About three months ago, an oil-like material was observed surfacing in the general area of the boiler rooms. A sample of the material was analyzed by the City of Elgin and determined to be a residual fuel oil fraction (No. 6 fuel oil). The potential exists that one or more aboveground or underground tanks were present at the site and were used to store fuel oil for the facility's boiler. Warzyn understands that the boiler room that was below ground was filled with construction debris when the building was demolished. • PERFECT BA1ANCE TECHNOLOGY AND CREATIVITY CHICAGO 2100 CORPORATE DRIVE ADDISON,IL 60101 708/691-5000 FAX 708/691-5133 • Warzyn conducted a site visit of the site on Friday, September 11, 1992. Pooling oil was observed on the ground surface in this general area. Warzyn used a sampling probe to approximate the depth of liquid present within this filled section of the building, but was unsuccessful in determining the ultimate quantity of oily liquid present. Warzyn also understands that the appropriate regulatory agencies have been informed regarding the observed release, including the submittal of a 20-Day report to the Illinois Environmental Protection Agency (IEPA)Leaking Underground Storage Tank(LUST)program. PROJECT APPROACH AND SCOPE OF WORK The source of the contamination has not been confirmed, but it is believed to be from the tank or tanks associated with the former boiler system for the demolished building. It is not possible at this time to determine remedial alternatives or costs for the site remediation without obtaining additional information. Therefore, Warzyn recommends that the material from the basement area of the building be removed using a backhoe to determine if a tank(s) currently exists. Any liquid present in this area would be pumped into a temporary storage tank or drums and disposed of off-site at a fuels blender or recycler using a diaphragm pump. Material removed from the basement area would be stockpiled on visqueen if observed to be contaminated (i.e.,visible staining, exhibiting an odor, or organic vapors detected using a photoionization detector). Warzyn would segregate materials which exhibit contamination characteristics from uncontaminated materials. This debris would also be covered with visqueen awaiting final disposition. Once the materials are removed,Warzyn would assess the source of. contamination. PROJECT SCHEDULE AND COST Based on the limited information available regarding this area,Warzyn anticipates that the removal of the liquid and debris can be performed within one or two days. Warzyn proposes to provide the labor, equipment and materials necessary to remove this debris for a daily lump sum cost of$2,400 per day. This includes two field personnel, a backhoe, truck, field monitoring equipment and personnel protective equipment (modified level D). If additional equipment such as a crane or concrete breaker are required, this would be charged at time and materials rates. This price does not include backfilling the excavation. Warzyn proposes to provide the labor,►pump, and storage tank in order to remove liquids from the tank for eventual off-site disposal at a cost of$1,465. This includes costs associated with disposal analysis and permitting, transportation and disposal of 250 gallons Proposal for Tank Investigation September 16.1992 Cityof Elgin-Kimball Property Page 2 • • of material. If the material is stored in a temporary tank,the daily rate for the tank is$35. A unit price of$0.65 per gallon would be charged for quantities over 250 gallons. This assumes that the liquid is characterized as an Illinois special waste and the minimum volume removed is 250 gallons. Once the field work is complete,Warzyn will discuss with the City of Elgin its findings and propose further remedial action or field investigation to better define the extent of contamination at the site, if necessary. Time associated with consulting services would be provided on a time and material basis. Warzyn`can also generate a letter report summarizing the findings of these above referenced activities for$1,200, if requested. Warzyn appreciates the opportunity to be of service to the City of Elgin. We look forward to your favorable review. If there are any questions concerning this submittal,please contact me at 708/691-5045. Sincerely, WARZYN INC. •• Sandra L. Sroonian Senior Manager SLS/njwBW tin 504 83] 91626292 • Proposal for Tank Investigation September 16.1992 Crty of Elgin-Kimball Property Page 3