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HomeMy WebLinkAbout92-0311 WARZYN INC, PHASE 2 RESOLUTION AUTHORIZING• EXECUTION OF AN AGREEMENT WITH WARZYN ENGINEERING INC. 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 Engineering, Inc. for Phase II Environmental Assessment for the Eby Brown site, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 11, 1992 Adopted: March 11, 1992 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Warzyn EtV1 tddYft§ Inc. PROFESSIONAL SERVICES AGREEMENT AGREEMENT NO. GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS GeAem1644y 6;,99 1. Services 3. Confidentiality The specific Services to be performed by WAR- Warzyr. shall retain,as confidential,all informa- r ZYN KK9946EMNa INC. and its directors,of- lion and data furnished to it by the CLIENT ficers, shareholders, employees, agents, af- and/or others which is designated as 'Con- ftiiates, independent professional associates, fidentW.' Such information shall not be dis- �°Mre) consultants and subcontractors, as the case closed to any third parry except as directed by 4wo; p;te) 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 8• Limitation of WARZYN's �e Order, a sample of which is attached to this Liability to CLIENT I(S j�� Hfl} NT Agreement as Exhibit A. Each serially-num- Standards and Ethics X per bered Work Order to this Agreement shat be WARZYN must rform the Services in accord- (a)Any and all liability or claim for damages WARZYN and submitted to the against WARZYN by CLIENT, wiwliter based prepared by ante with prevailing professional standards and upon eo>iirrt, tort, hraaak.otywtxoYiy, profes- CLIE`:T's designated representative for review ethics, as well as applicable laws and regula- sional negligence (including errors, omissions and written authorization to proceed prior to in- tions. It WARZYN believes that compliance itiation of Services by Warzyn. All work with the CLIENT's wishes could violate ap- or other professional acts), or age. injury,shall authorized b Work Orders referencing this be limited to such loss, damage, injury, or Y ( ) g plicable professional standards or ethics, laws liability as is covered under the policies of in- Agreement shall be subject to the terms of this or regulations, then WARZYN shall so advise Agreement unless modified by mutual consent the CLIENT and the CLIENT and WARZYN sura and policy limits identified in Special Terms of the Work Order. Paragraph(bTin 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 damages (including loss of profits), in- (a) Services 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- vices.individual Work Order(s) and/or the WAR- 5. WARZYN's Warranty ZYN STANDARD RATE SCHEDULE. WAR- (c)All claims, whether based upon contract. 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 lion of WARZYN, and payment is due upon IN. WARZYN MAKES NO WARRANTY, EX- should have known of its existence but, in no A 1% per month service PRESSED OR IMPLIED, IN FACT OR BY event,shall such claim be asserted by CLIENT receipt of the invoice. charge shall be added A 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 ire 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 Inc�emnifiCation of time spent by its personnel in connection with WARZYN Substitut per any court, administrative or other lega! 6. Limitatio q the Scope of AMENDMENT proceedings arising from or relating to Services Services AMEND ENT) per provided under this Agreement, regardless of AMENDMENT) whether or not WARZYN is subpoenaed to ap- Any hazardous or toxic substances, hazardous oa-,^•^-0 r•i ICr 11 g e„tot„ pear at such proceedings by CLIENT or any or toxic wastes,pollutants and contaminants,or third parry(CLIENT shall be entitled to a credit other waste materials (the 'Waste Materials') -&sa= against such fees for any statutory witness fees encountered by or associated with Services 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 WARS (d)In addition to the execution of this Profes- ZYN. sional Services Agreement and related. Work ° 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 to Others I)MjectBudaet In not (a)WARZYN shall indicate to CLIENT the in- Less than S5.000 Project Budget • formation needed for rendering the Services re- 55,000toS20,000 $5.000 quired under this Agreement, as well as, likely Greater than S20,000 25%ofPropctBudge' 7. Insurance( AA p per sources of this information, with such sources Such project initiation payment(s) shall be ap- 2f j ) to include but not be limited to CLIENT.WAR- plied against the final project billing. ZYN shall review existing information provided (e)All payments shall be remitted to: eeaerales: by others and shall give CLIENT its opinion of Warzyn 6r4tfe16M Inc. the risk associated with reliance on such infor- Dept.00757 mation. CLIENT understands that it is impos- Milwaukee,WI 53259-0757 sible to eliminate all risk because of inherent Attention: Accounts Receivable limitations on the techniques available to AMENDMENT PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO. 91602792 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 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. 91602792 - 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. (cni-801-051 JLBbnpfMS WARZYN ATTACHMENTS WARZYN INC. Certifies That: t it is not eln, uent in The undersigned firm certifies artment of Revenueiexgcept forttaxpitmist any tax administered by the p contesting in accordance with the procedures establishing,by the appropriate revers The undersigned firm aeresultsofhatviolation of either r5ect {onm33Ek3ngprn offer to contract as 33E-4 of Chapter 38 of the Illinois Revised Statutes. WARZYN IN _ BY: , R, anion Lee Pro anager Date: 3 kO 42 AGREEMENT NO. 91602792 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 MwICA 12.E 1912-by and between WARZYN and CLIENT, which Agreement is hereby amended to incorporate this Work Order. CLIENT: City of Elgin PROJECT LOCATION(s): Warehouse Property Elgin, Illinois SERVICES: Phase H Environmental Assessment PROPOSAL REFERENCE: 91602792 dated March 10, 1992 STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1/1/92 SPECIAL TERMS AND CONDITIONS: Lump Sum COST ESTIMATE: $14,500 Lump sum 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: CLIENT WARZYN INC. By: By: R. D m n Lee - Projec nager Date: Ll:� Date: O WARZYN- March 10, 1992 Mr. Raymond Moller City of Elgin 150 Dexter Avenue Elgin,Illinois 60120 Re: Proposal for Phase II Environmental Assessment Warehouse Property Elgin, Illinois Proposal No. 91602792 Dear Mr. Moller: Warzyn Inc. (Warzyn) welcomes the opportunity to submit this proposal to the City of Elgin for the performance of a Phase II Environmental Assessment of the warehouse property bounded by North Street, Spring Street, Douglas Avenue and Dexter Avenue in Elgin, Illinois. This proposal is provided in response to our January 28, 1992 conversation. To assist you in review of our company and proposal, I have included a brief summary of Warzyn's qualifications and our approach to environmental assessments. A description of proposed project tasks, a schedule of project performance, and an estimated budget are also provided. INTRODUCTION Warzyn provides a multi-disciplinary staff of more than 275 employees with varied technical expertise and many years of experience. This staff provides the capabilities required to respond effectively and in a timely manner to a wide range of environmental issues. Warzyn has conducted a variety of environmental assessments related to real estate and property transactions through out the United States from our eight office locations. These assessments have ranged from a historical records review and site walkthrough of a property, to comprehensive field investigations including a diversity of sample collection and associated laboratory analyses. The goal of these assessments has been to provide technical service, while at the same time addressing client expectations, concerns, and time constraints. 11 iF:}'h a1 FCZ 1I_AL�NCF IiF."I�1}[f';ti'1 ECH\OLOGY VM)CREU 1%11Y. CHICAGO (.OKPOKUE 1)RIVF' M)DIS'M,IL(,0101 (­08)091-5000 I"X(-OI;l(,91 51ii WARZYN SITE DESCRIPTION The investigation property consists of approximately two acres and currently includes two vacant warehouses with office space, a temporary storage area for Elgin School District U-46, an asphalt paved parking lot, and an inactive filling station (currently owned by Eby-Brown Company). The site is situated in an area of residential and commercial development. The property is bounded by North Street, Spring Street, Douglas Avenue and Dexter Avenue within Section 13, Township 41 North. Range 8 East. On the basis of information provided by the City of Elgin, a site visit, and data review, Warzyn completed a Phase I Environmental Assessment of potential environmental concerns and contamination sources at the site. Potential contamination sources identified during the Phase I Assessment include: • PREVIOUS DRY CLEANING OPERATIONS - Potential contamination of soils due to dry cleaning solvents (i.e., tetrachloroethene) potentially used at the past operation. • UNDERGROUND STORAGE TANK (UST) AREAS - Potential contamination of soils by benzene, ethylbenzene, xylene, and toluene (BEXT) and polynuclear aromatics (PNA's) due to spills associated with historical USTs. • SITE BUILDINGS - Potential contamination of interior areas by polychlorinated biphenyls (PCBs), associated with historical use of hydraulic oils. SCOPE OF WORK Asbestos has been excluded from the scope of this Phase II proposal as materials containing asbestos were identified and analyzed during the Phase I Environmental Assessment. Based on existing information pertaining to the assessment property, the following Phase 11 activities are proposed. Task 1: Soil Sampling Program Soil samples will be collected at three areas of potential contamination associated with past activities. Soil sampling areas include; the area of past dry cleaning operation, area of former underground storage tanks (USTs) associated with the Mr.kavmond Moller March 1992 City of Elgin Page WARZYN inactive filling station, and area of a former filling station (western portion of existing warehouse). PAST DRY CLEANING OPERATION (southwest portion of property) • Up to two soil borings will be drilled to a maximum individual depth of 25 ft using a drilling rig . Soil borings will be located on the parking lot in the southwest corner of the property, approximately ten feet from the adjacent building. Soil samples will be collected in accordance with standard Warzyn soil sampling protocol (attached). A maximum of two samples will be analyzed for volatile organic compounds (VOCs). UNDERGROUND STORAGE TANK AREAS 152 NORTH SPRING STREET (inactive filling station) • A maximum of three borings will be drilled to a total depth of 25 ft each using a drilling rig. Soil boring will be drilled at locations of past USTs associated with the inactive filling station, as per the City of Elgin Inspectional Services documentation. A maximum of three samples will be analyzed for BEXT and PNA's. 177 DOUGLAS AVENUE (warehouse-former filling station) • A maximum of two borings will be drilled to a total depth of 25 ft each using a skid rig. Soil borings will be drilled inside of the western portion of the warehouse building (area of a former filling station). The floor of the building will be cored in order to get the samples. A maximum of two samples will be analyzed for BEXT and PNA's. If contamination is detected during performance of the soil borings, additional borings may be required to define the extent of contamination. The need for such additional work will be discussed with the City of Elgin, and additional borings will only be performed upon the City of Elgin's authorization. Additional drilling and sampling is not included within this work scope. 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 a notable increase in the project budget would result from these modifications, this will be discussed with you prior to initiation. The drilling program assumes that encountered soils will not be unusual in characteristic, such as containing larg-_ pieces of concrete, numerous rocks or metal objects. Mr.Raymond Moller March 1992 City of Elgin age WARZYN All samples will be screened with a photoionization detector (PID) and visually observed for preliminary detection of contamination. The sampling will be conducted using 2.5 feet sampling intervals to 10 feet, and 5 foot intervals from 10 feet to the terminus of the boring. Task 2: PCB Sampling Surface wipe samples will be collected from those areas of potential contamination by PCBs. A discussion regarding the occurrence and common usage of PCBs is provided in the attached sampling protocol, which also identifies the sampling procedure to be used. WAREHOUSE PROPERTY (former mid-america printing facility) and at 152 NORTH SPRING STREET(inactive filling station) • Performance of PCB wipe samples on the floor in the area of past Mid- America printing operations and the floor and wall of the western portion of the inactive filling station. Sample locations will be determined upon observation of staining and residue on the floor. For budgeting purposes it is assumed a total of four surface wipe samples (two from each of the above identified areas) will be analyzed for PCBs. Task 3: Data Assessment Upon receipt of analytical results, the data will be reviewed in association with previous site information, and an evaluation made of identified contaminant sources. 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 City of Elgin, documenting the performance of 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 time and materials basis in accordance with the enclosed Warzyn Inc. Work Order. If additional services are requested by the City of Elgin these will be invoiced on a time and Mr.Raymond MoDer March 2992 Citv of Elgin :aee WARZYN materials basis according to the attached rate schedule. The estimated cost of performing this Phase II Assessment is $14,500. A breakdown of project costs is provided in Table 1. Field labor costs are consolidated under Task 1. Authorization to proceed can be accomplished by signing and returning one copy of the enclosed Work Order. The cost estimate for this project is based upon a 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. It is understood that Warzyn will be responsible for contacting Joint Utility Locating Information for Excavators (JULIE) for the identification of main utilities that feed into the site. 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 City of Elgin and discuss the results of the investigation. Upon analysis, if materials are determined to be clean, they can be disposed on site. Unless otherwise directed, Warzyn will then prepare the final project report, and provide three (3) 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. Movement of the drill and skid rigs 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 site, unless other arrangements are made. Mr.Raymond Moller March 1992 Cit•of Elgin Page 5 WARZYN We trust this proposal is sufficient for your present needs. If you have any questions or comments, please contact me at (708) 691-5027, or Damon Lee at (708) 691-5043. Sincerely, WARZYN INC. J L. Bernstein Environmental Scientist Enclosures: Exhibit "A" Work Order (2) Protocol for Subsurface Soil Sampling Protocol for PCB Sampling JLBAlr/jr/GEP [CHI-502-62) 91602792 Mr.Raymond Moller March 1992 City of Elgin Page WARZYN TABLE 1 Estimated Project Costs Warehouse Property City of Elgin Task 1: Soil Investigation Warzyn Personnel • Travel and Expenses............................................................................$200 • Health & Safety Plan............................................................................$250 • Site Health& Safety............................................................................$105 • Site Geologist Preparation and field work........................................$2 145 Subtotal $2,700 Drilling Subcontractor • Mobilization/Demobilization...............................................................$450 • Winterization........................................................................................$100 • Decontamination..................................................................................$325 • Drilling -To depth of 25 feet............................................................$2,880 • Grouting of boreholes..........................................................................$740 • Drums...................................................................................................$650 • Cores and Coring Machine..................................................................$320 Subtotal $5,465 Lab Analysis • 5 BEXT @ $130/sample................................................................... .$650 • 5 PNAs @ $220/sampl e....................................................................$1,100 • VOCs @ $180/sample..........................................................................$360 • Sample shipment and Management Fee...............................................$170 Subtotal $2,280 Task 2: PCB Sampling Lab Analysis • 4 PCBs wipes @ $125/sample.............................................................$500 • Sample shipment& Management Fee...................................................$40 Subtotal $590 Task 3: Data Assessment • Review Data and Assess Site Conditions............................................$675 Subtotal $675 Task 4: Project Report • Project Management............................................................................$270 • Report Preparation........................................................................... ..2,520 Subtotal $2,790 TOTAL................................................................................................$14,500 (CHI-502-621 91602792/rable JLBNr/jr/