HomeMy WebLinkAboutAccess Agreement - 100 High Avenue
Document: 200017-0165
N16 W23390 Stone Ridge Drive, Suite G, Waukesha, WI 53188 | P: 262-290-4001 | enviroforensics.com
June 15, 2021
City of Oshkosh
215 Church Avenue
PO Box 1130
Oshkosh, WI 54903-1130
Subject: Agreement to Provide Access for Sampling Activities
The Grand Oshkosh, 100 High Avenue, Oshkosh, Wisconsin
Dear Property Owner:
In cooperation with the Wisconsin Department of Natural Resources (WDNR) and state and
local health officials, Gunderson Cleaners is continuing the study of potential environmental
conditions in the area surrounding the former Gunderson Cleaners site at 118 High Avenue in
Oshkosh, Wisconsin. These activities are part of an on-going environmental investigation being
performed by EnviroForensics for Gunderson Cleaners at the direction of the WDNR.
The WDNR requires specific information to confirm that vapor intrusion is not a risk at
individual properties. Vapor conditions at The Grand Oshkosh located at 100 High Avenue were
last checked in November 2017. At that time, the concentration of the dry cleaning solvent in
vapor beneath the building slab was below the screening level set by the WDNR; however,
additional sub-slab vapor and indoor air data are required to completely rule out vapor intrusion
risk.
EnviroForensics is requesting access to The Grand Oshkosh to collect indoor air and sub-slab
vapor samples. There is no cost to you for us to complete the work. There will not be an attempt
to charge you for the work or any future effort to sell you any goods or services.
EnviroForensics is simply attempting to fulfill the WDNR investigation requirements for the
former Gunderson Cleaners.
Testing Activities
A brief video describing the procedures for collecting indoor air and sub-slab vapor samples is
available at our website: http://www.enviroforensics.com/testing-indoor-air-vapor-intrusion/.
Two (2) indoor air samples will be collected in metal canisters over an 8-hour period. The
canisters can be placed at locations convenient for you, but must be between 3 and 5 feet above
the floor.
Three (3) sub-slab vapor sampling ports will then be installed drilling small, ⅝-inch diameter
holes through the concrete floor slab of the basement using simple hand-held drill tools. No
large equipment is needed. Stainless steel sample ports will be installed in the holes from which
DocuSign Envelope ID: E6BD8872-72C7-4EAD-A72B-0948B6DADEB7
Document: 200017-0165 2 June 15, 2021
we will collect the vapor samples. The sampling ports will be located in low-traffic areas where
possible, and where agreed upon by a representative of The Grand Oshkosh prior to conducting
sampling activities. Small diameter tubing will be connected to the sample ports and the vapor
samples will be collected through the tubing into metal canisters. It will take approximately one
(1) hour to install each sampling port and collect the samples. Upon completion of the
installation and sampling, the sampling ports will be closed with a flush-mounted cover but will
remain in place pending sample results. At the completion of the investigation, the sample ports
will be removed and the holes will be patched with concrete.
EnviroForensics does not anticipate there will be any damage to your property from the sampling
activities. Nonetheless, EnviroForensics agrees to promptly repair any damages to your property
should any occur as a result of our activities.
Scheduling
We would like to conduct the sampling in the coming weeks, so your prompt response is
appreciated. If you agree to allow this testing, we will schedule the access to your property at a
mutually agreeable time. Additionally, we will provide you with a copy of the results of this
sampling after the data is reviewed to ensure its accuracy. If you agree to site access, please sign
the attached Access Agreement form and return a copy to our office.
If you have any questions or concerns and would like to discuss these activities further, you can
call EnviroForensics directly. I can be reached at (262) 745-5054, or by e-mail at
bkappen@enviroforensics.com.
We greatly appreciate your cooperation and patience with this important matter.
Sincerely,
EnviroForensics, LLC
Brian Kappen
Project Manager
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Document: 200017-0165 1
ACCESS AGREEMENT
This access agreement is made between EnviroForensics, LLC (“Consultant”) and the City of
Oshkosh ("Owner"). The purpose of this agreement is to provide Consultant and its
representatives access to certain property owned by Owner located at 100 High Avenue,
Oshkosh, Wisconsin (“the Property”) in order for Consultant to perform the following vapor
intrusion assessment activities:
Install three (3) sub-slab vapor sampling ports in the basement of the Property building at
locations agreed upon by the Property operations manager. The sampling ports will
consist of Vapor Pins® installed according to the following procedure:
o Using an electric hammer drill, advance a 5/8-inch drill bit entirely through floor
slab into the sub-grade material.
o Advance a 1-1/2 inch drill bit approximately 2 inches into the floor to create space
for a flush-mounted stainless steel cover
o Pound the Vapor Pin into the hole using a mallet
o Add a silicon cap to seal the Vapor Pin opening
o Attach the flush-mount cover
Collect indoor air samples from the basement and first floor of the Property building
using 6-liter vacuum canisters regulated to withdraw a sample over an 8-hour period.
Collect sub-slab vapor samples from each of the three (3) vapor sampling ports using
1-liter vacuum canisters regulated to withdraw a sample at a rate of 200 ml/minute.
Perform sub-slab vapor and indoor air sampling events on a semi-annual frequency until
sufficient data is obtained to rule out vapor intrusion risk to the satisfaction of the
regulatory agency (Wisconsin Department of Natural Resources).
Upon WDNR concurrence that the vapor intrusion assessment work is complete, remove
the three (3) Vapor Pins and patch the holes with concrete.
This agreement is subject to the conditions set forth below.
The parties agree as follows:
1. Owner, on his own behalf and on behalf of his successors, assigns, and tenants,
hereby authorizes Consultant, its employees, agents, and subcontractors, permission
to enter upon the Property for the purpose of conducting environmental investigatory
activities (hereafter referred to as "the Work").
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2. Consultant will notify Owner in advance of accessing the Property, which Owner will
not unreasonably deny. Consultant will perform the Work at reasonable times of the
day and in a manner which does not unreasonably interfere with Owner's or Owner’s
Tenants’ activities at the Property. Before performing the Work, Consultant will
obtain or cause to be obtained, and will maintain or cause to be maintained in full
force at all times during the term of this agreement, all necessary permits,
notifications, licenses, or certifications for itself and its agents and subcontractors.
3. Consultant promises and agrees that it will use its best efforts to perform the Work in
a professional manner in accordance with generally accepted consulting practices and
procedures in effect for such services at the time the services are rendered.
4. Consultant shall provide copies of environmental testing results to Owner.
5. Upon the conclusion of all Work required by WDNR to obtain site closure under the
WDNR’s System of Closure, Consultant shall restore the Property to substantially the
same condition as it existed prior to access under the Access Agreement and any
Consultant-installed wells or ports will be closed in accordance with applicable law.
Consultant will remove debris and equipment following completion of the Work.
6. Consultant will defend and indemnify Owner from and against claims, damages,
injuries, and/or liability caused by or arising from the Work performed by Consultant
or its employees, agents, or subcontractors on or around the Property, e.g., slip & falls
and damages to Owner’s Property. Owner does not assume any risk, liability,
responsibility, or duty of care as to Consultant’s employees, agents, or subcontractors
when on the Property to perform the Work, except that Owner will cooperate with
Consultant’s reasonable health and safety protocols.
7. This agreement comprises the entire agreement between Owner and Consultant with
respect to the Work. It may be amended only by a written agreement executed by
Owner and Consultant.
8. This access agreement will be effective until WDNR declares the Work completed.
9. Each party to this agreement represents and warrants that the person executing the
agreement on its behalf is duly authorized and has the requisite power and authority
to bind that party.
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This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In the Presence of: CONTRACTOR /CONSULTANT
__EnviroForensics, LLC_______ By: _____________________________
____________________________ __Project Manager_____________
(Seal of Contractor if a Corporation) (Specify Title)
By: _____________________________
___________________________
(Specify Title)
CITY OF OSHKOSH
By: _____________________________
_____________________________ Mark A. Rohloff, City Manager
(Witness)
_____________________________ And: _____________________________
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
__________________________
City Attorney _______________________________
City Comptroller
DocuSign Envelope ID: E6BD8872-72C7-4EAD-A72B-0948B6DADEB7