92-1014 WARZYN INC, 229 NORTH GROVE AV 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, f Which is investigation at and
229 North Grove Avenue, a copy
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
Warzyn ,E Cif*Y," Inc.
PRO FESSIO NAL'S ERVICES AGREEMENT AGREEMENT NO.
GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS
1. Services 3. Confidentiality
The specific Services to be performed by WAR- Warzyn shall retain,as confidential,all informa-
ZYN 9)(O WEOMM INC.and its directors,of- lion and data furnished to it by the CLIENT
fixers, shareholders, employees, agents, af- and/or others which is designated as -Con-
filiates,"independent professional associates, frdential' Such information shall not be dis- 6006redfaiiQ00--or
consultants ;and subcontractors, as the case closed to any third parry except as directed by
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 S. Limitation Of WARZYN's
4. Maintenance of Professional
Order, a sample of which is attached to this Liability to CLIENT rubseetmeet
Agreement as Exhibit A. Each serially-num- Standards and Ethics y p Am d
bered Wzrk Order to this Agreement shall be WARZYN must rtorm the Services in accord- (a)Any and all liability or claim for damages
prepared by WARZYN and submitted to the ance with prevailing professional standards and against WARZYN by CLIENT, w4e+;Fw�based
CLIENT's designated representative for review ethics, as well as applicable laws and regula- upon �wiiaei, tort, ariat�il7! crofes
and written authorization to proceed prior to in- lions. If WARZYN believes that compliance sional negligence (including errors, omissions
hiation of Services by Warzyn.. All work with the CLIENT's wishes could violate ap- or other professional acts), or otherwise, shall
authorized by Work Order(s) referencing this licable professional standards or ethics, laws be limited to such loss, damage, injury, or
Agreement shall be subject to the terms of this or reoul lions, then WARZYN shall so advise liability as is covered under the policies of in-
Agreement unless modified by mutual consent the CLIENT and the CLIENT and WARZYN surance and polity limits identified in
in the Special Terms of the Work Order. shall immediately into discussions to arc- Paragraph 7.
rive at a mutually satisfactory solution. Failing (b)In no event shall WARZYN be responsible
a solution, either ma terminate this for any incidental, indirect, impact, or conse-
2. Compensation for Services ply Y quential damages (including loss of profits). in-
(a) Seivices'shall be invoiced under this Agreement in accordance with Paragraph 13. curred by CLIENT as a result of WARZYN's
Agreement in accordance with the provisions of performance or nonperformance of any Ser-
the individual Work Order(s) and/or the WAR- 5. WARZYN's Warranty vices.
ZYN STANDARD...RATE SCHEDULE. WAR- (c) All claims,whether based upon contra--%
ZYN reserves 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 ef- negligence(including errors,omissions or other
Schedule-, this rate adjustment usually occurs, fort consistent with the standard of professional professional acts), 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
ton 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=_NT
charge shall be added to all accounts which are LAW, WHETHER OF MERCHANTABILITY, later than six (6) 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. THE MATERIALS OR Services WHICH MAY
(c) Client shall be responsible for and pay BE FURNISHED BY WARZYN TO CLIENT.
WARZYN at WARZYN'S prevailing rate for all 9. CLIENT Indemnification of
time spent by its personnel in connection with
any court, administrative or other legal G, Limitation Of the Scope of WARZYN (Substitute)
p �er Amendment
proceedings arising from or relating to Services Services (substitute per ept for claims co eyed under tie polic; cf
provided under this Agreement, regardless of Amendment) insu and policy limits iden c in
whether or not WARZYN is subpoenaed to ap- Any hazardous or toxic substances.hazardous Paraara 7, the CLIENT shal a sole y
pear at such proceedings by CLIENT or any or toxic wastes,pollutants and contaminants,or responsible t ird parties for ages 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 r,cn-
against such fees for any statutory witness fees encountered by or associated with Services performance of any ces.To the maximum
paid to WARZYN by CLIENT or any third provided by WARZYN on this Project shall at extent permitted b W. CLIENT shall in-
pary), no time be or become the property of WAR- demnity. defen nd hold har s WARZYN
(d)In addition to the execution of this Profes- ZYN. ngements for the treatment, stor from all ce arising out of or con fed wi:r.
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, com- which shall be de by WA shall be un a policies of insurance and policy lim..
puted as follows, shall be received by WAR- >harmless as being so and exclusive- ntified in Paragraph 7.
ZYN for each applicable Work Order and shall NTs behalf f NT's benefit and
represent authorization by CLIENT for WAR- hall ind nity, de and be
10.Information Provided b
ZYN to proceed with its Services. A from and agains and Y
ich arises out of the treat t, CLIENT to Others
�'°~p"d2c, � ansport or disposal of any Waste (a)WARZYN shall indicate to CLIENT the irr LesstRanS5,00_ Project Budget formation need d for rendering the Services re-
$5.000toSMOT $5.000 quired under this Agreement, as well as, lire;:
Greaterftn$X,00; 25%ofProjeaBudget
7. Insurance (Addition er sources of this information, with such sources
Such project initiation payment(s) shall be ap- Amendmenty to include but not be limited to CLIENT. WA=,-
plied against the final project billing. ZYN shall review existing information provicec
(e)All payments shall be remitted to: O°�'� by others and shall give CLIENT its opinion of
Warzyn 5rjgft Wt0g Inc. the risk associated with reliance on such inlcr-
Dept 00757 mation. CLIENT understands that it is impcs-
Milwaukee,`WI 53259-0757 sible to eliminate all risk because of inherent
Attention: Accounts Receivable limitations on the techniques available tc
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 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
Citv of Elgin where such liability is caused by the negiigent act, error, or omission
of Warzyn or any person or organization for whom Warzvn is legally liable.
AMENDMENT PROFESSIOr?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/rES
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:
Sandra L. Sroon an-Senior Manager
Date: l Z_ Date:
1chi-504-661
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 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 off Or 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 48,
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.
Warzyn, Inc.
BY:
Date: �� �`
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
EQUAL EMPLOYMENT
WRITTEN comNIT1►MENT 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 area and 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 goals+ 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
terra of the contract.
6. 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."
OCT 05. '92 13:34 WARZYN-CORP . . P.2/2
. BIDDERS EMPLOYEE UTILIZATION FORM
This report is, required by die City of Elgin and shall be
submitted -before the contract can The awarded.
Chapter 3.12.1000' Affirmative Action' City Contracts
1. Name and address of ..Bidder Description of Project
Warzyji Inc. T4nk Investigation
e at Kimball s*reet a,4a
ison, - ; Grove Avenlitm. �.
JOB 'CATEGORIES a
U F if I. F Id F Y F .
ica ana er
PrggaggionAl 7R ,9A 1 11 o)a
Tgnhni_r..j an 41 A
Cratts 25.
OjDe7atives
Labor 0
TOTALS 255 4 2 7 5.0 38.2
turn of co aad.Titlel Telephone:NO. Date Signed• Page
708/59 .-15021 10/5/92 E1�et�
omas E. Styczen, of, Administration
a. Havo you, ev le awwrd.ad a: laid by the City of Elgin?.
110
a. U the answor to #2 in yes, 'ple e►se mulam.it a copy .of the
rarnployee. Utilizotion Parisi that w
was s.xbxnitted ith. your,
laot 2ouccossful bid .along, witl!. a tu11y' Completed atapy .af.' .
this for=%;
4. if the "atistl ava data provided &hove whavis undar
utilization of miporitiyy acid/or i!eM ale. P104CL O stitbmit.
according to thi guideline, pr.a idod to the attached
doouxnent. a �writtaxi agmmitmI t to provide equal
esnploy=ent. apport%Luity.
NOTE: in ' tho event that a .Caatraotor or vendor. etc. fail* to
CorAply. writh the iaix Oxr PI%ment •,tsd 4%ffir natt+v�a
aatioxa. ppro�aloXia of thv City' e! Elgirs.. thft City
arA=mgrL other actiorLs rimyy cancel, t+arrain ate or,
auspond the contract, in wlaele or In part.
Rev. 4/15192