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HomeMy WebLinkAbout92-0624 WARZYN INC, PHASE 3 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WARZYN, INC. FOR PHASE III ENVIRONMENTAL ASSESSMENT 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 Phase III environmental assessment of 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: June 24, 1992 Adopted: June 24 , 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Warzyn Etvalftld-66yK9 Inc. PROFESSIONAL SERVICES AGREEMENT AGREEMENT NO. GENERAL TERMS AND CONDITIONS,FOR ENVIRONMENTAL ASSESSMENTS +:rte . 3. Confidentiality i ya,e 1. Services .r♦aasm iJ,�ge) The specific Services to be performed by WAR- Warzyn shall retain,as confidential,all informs �giLl-11 Q Jar ZYN 9KZIf4;tcx INC. and its directors,of- lion and data furnished to it by the-CL IENT -e fivers, shareholders, employees, agents, at- and/or others which is designated as *Con- filiates, independent professional associates, fidential.' Such information shall not be dby consultants and subcontractors, as the case dosed to any third party 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 S. Limitation of WARZr�I$$ from time to time by a fury executed Work 4• Maintenance of Professional Liability to CLIENT �JubStitUte Order, a sample of which is attached tc this standards and Ethics �1N� I�f� N11 Agreement as Exhibit A. Each serially-num- • (a)Any and all liability or J& t r c bered Work Order to this Agreement shall be WARZYN must perform the Services in accord- against WARZYN by CLIENT, wtWMer based prepared by WARZYN and submitted to the ante with prevailing professional standards and upon mnlmet, tort.1 proles- CLIENT's oesignated representative for review ethics, as well as applicable taws and regula- sional negligence (including errors, omissions and written authorization to proceed prior to in- lions. If WARZYN believes that compliance or other professional acts), or otherwise• shall itiation of Services by Warzyn. All work with the CLIENT's wishes could violate ap- be limited to such loss, damage, injury• or authorized by Work Order(s) referencinc this 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 surance and policy limits identified in Agreement unless modified by mutual consent the CLIENT and the CLIENT and WARZYN Paragraph 7. in the Special Terms of the Work Order. shall immediately enter into discussions to ar- (bjln no event shall WARZYN be responsible rive at a mutually satisfactory solution. Failing for any incidental, indirect, impact, or conse- a solution, either party may terminate,this guential damages(including loss of profits), in- 2. Compensation for Services Agreement in accordance with Paragraph 13. curred by CLIENT as a result of WARZYN's (a) Services shall be invoiced under this 'performance or nonperformance of any Ser- -Agreement in accordance with the provisions of vices. the individual Work Order(s) and/or the WAR- S. WARZYN's Warranty (c)All claims,whether based upon contract. ZYN STANDARD RATE SCHEDULE. WAR- WARZYN shall apply present .engineering ton, breach of warranty, professional ZYN reserves the right, upon thirty (30) days and/or scientific judgment and use a level of ef- negligence(including errors,omissions or other written notice• to modify the referenced Rate - fort consistent with the standard of professional professional acts), or otherwise, shall be Schedule;this rate adjustment usually occurs, practice as measured on the date hereof and in deemed waived unless made by CLIENT in annually,at the beginning of the calendar year. the locale of the Project in performing Services writing and received by WARZYN within one b)Invoices shalt be submitted once a month 1 year after CLIENT reasonably knew or ( for CLIENT. EXCEPT AS SET FORTH HERE- ( ) y Y or upon completion of Services, at the disere- IN WARZYN MAKES NO WARRANTY, EX- should have known of its existence but, in no non of WARZYN, and payment is due upon PRESSED OR IMPLIED, IN FACT OR BY event,shall such claim be asserted by CLIENT receipt of the invoice.A 1%per month service LAW WHETHER OF MERCHANTABILITY• later than six (6) years after WARZYN's com- charge shall be added to all accounts which are FITNESS FOR ANY PARTICULAR PURPOSE pletion of the Services with respect to which the not paid within thirty (30) days of date of in- 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 WARZYN (SUbstitue per any court administrative or other legal 6. Limitation If the Scope of AMENDM N proceedings arising from or relating to Services Services ( ubst itute per provided under this Agreement, regardless of POMEN0�1EtaNT� ' whether or not WARZYN is subpoenaed to ap- Any hazardous or xic sus nc s,hazardous hall - pear at such prdceedings by CLIENT or any or toxic wastes,pollutants and contaminants,or third party(CLIENT shall be entitled to a credit other waste materials (the 'Waste Materials') against such fees for any statutory witness fees encountered by or assocatis with.Services paid to WARZYN by CLIENT or any third provided by WARZYN on this Project shall at n PanY) no time be or become the property of WAR- (d)In addition to the execution of this Proles- ZYN. sional Services Agreement and related Work Order(s), a project initiation payment, tom- . puted as follows, shall be received by WAR- ZYN for each applicable Work Order and shall represent autborization by CLIENT for WAR- d 10.Information Provided by ZYN to proceed with its Services. CLIENT to Others all Wbil PraeaRudw bm=.&= (a)WARZYN shall indicate to CLIENT the in- LessthanS5.000 pr*ciBudgei lAelerrels. formation needed for rendering the Services re- S5.000roS20,000 55.000 quired under this Agreement, as well as, likely GreateruanS20,000 25%ofProjen6WPe1 7. Insurance (Addition er sources of this information, with such source: AMEN ENTg. to include but not be limited to CLIENT. WAR.WAPJ*0j 1%Such project initiation payment(s) shall be ap ZYN shall review existing information provided plied against the final project billing. - ,: by others and shall give CLIENT its opinion o' (e)All payments shall be remitted to: The risk associated with reliance on such info/- Warzyn 50"l(6M Inc. ��..��°'RS mation. CLIENT understands that it is impos • Dept.00757 Bible to eliminate all risk because of inherent Milwaukee,WI 5325"757 w� i � :un� limitations on . the techniques available to Attention: Accounts Receivable ��"` ►' develcc the information, and/or because of er- CLIENT for delay or damage caused CLIENT signatories of this Agreement at the addresses ror: r+missions or inaccuracies which may exist because of such suspension of Services. - set forth herein or such other addresses as the in n, information. ( parties may designate. ,z)To the extent that CLIENT expects WAR- 11, ZYN to rely solely upon existing information, 1 E.Entire Agreement, without the opportunity for WARZYN, in its pay WAR2444' lop Sepwmes Femal MW 0&9" professional and/or scientific judgment, to ap- i n- The terms and conditions set forth herein con- propriately validate the accuracy and reliability - stitute the entire understanding of the partie: of such information,- the CLIENT agrees to relating to the provision o' Services ty.\.A waive any claim against WARZYN and to in- the ZYN to CLIENT and shalt be incorpora!ec in r: demnity, defend,and hold harmless WARZYN Work Orders and authorizations unless c:her- from and against any and all claims or liability ORR wise stated therein. This Agreement may oc, for injury or loss allegedly arising from errors, medilyiaq eshodwir.6. FouiiigAiRg. I, amended only by a written instrument signcc ornissiors or inaccuracies in existing informa- arKl-saga. by both parties. ton provided to WARZYN by CLIENT or others. 14.Recov f DissQpute Resolution 19.Precedence Substi is ut per Costs Te'Iet1on Der These Genera: "erms and Conditicnc sha!� 11.Right of Entry p take precedence over any inconsistent or ccn AT CLIE14' shat: provide for n ht to - tradictory provisions contained in any CUc":� enter from t:rne to time property owned by - issued purchase order, requ+s�:ion, notice t:, proceed, or like document regardin_ CLIENT and/or other(s) in order for WARZYN to fulfill the scope of Services iAeloded WARZYN's Services. •FYI pary 20.Severability It any of these General Terms and Conditions r - shall be finally determined to be invalid or un- es •°r°� •°tM :A- ° "-�i- -on. enforceable in.whole or in part, the remaining s - provisions hereof shall remain in full force an-_ rr�T ,°p an _l_:_ effect,and be binding upon the parties herF,c. 15.Independent Contractor The parties agree to reform this Agreement tc WARZYN shall not act as CLIENT's agent or replace any such invalid or unenforceabie -rmim OF fiability'or ict11Clr Or tn« 21100049 20" 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- the compensation, benefits, contributions and tons of the stricken provision. T taxes,if any,of its employees and agents. -09188, in r^ penea,° WA07yn--!--'�°^T°� 21,Survival 0811906 n}any e h r•laim wirF; mMMOneatinn 1 b.Assignment All obligations arising prior to the termination c 4b be based upon W 9 This Agreement it to be bindng on the heirs, this Agreement and ali provisions of this Agree nt successors and assions of the parties hereto ment allocating responsibility or liability be and is not to be assigned by either party tween CLIENT and WARZYN shall survive tht without first obtaining the written consent of the completion of Services hereunder and the ter 12.Opinions of Cost oar• mination of this Agreement. WARZYN's opinion of probable construction 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 inter of WARZYN's judgment as an experienced and may be delivered personally, or by telegram or preted pursuant to the rules of the Sate is 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 this�day o 19 ZYN. , • CLIENT c WARZYN 15;10 INC. 13.Termination, Sys QnslQ Ol Company: Signature Abandonment I�uDSL1LUt per AMENDMENT signature By: Doug 1 a A. Wi a rman (a) This Agreement may be terminated by j either party upon fourteen (14) days written By: �,p Titie:Director of Env. Services notice, should the other party fail substantially tc perform in accordance with the terms o`this Title: Phone: (708) 691-5000 Agreement through no fault of the terminating piny. Phone: 9, Address:2100 'Corporate Dr. (b) It CLIENT fails to make payment when due WARZYN for Services, WARZYN may, Address: Addison, IL 60101 upon seven ()days written notice to CLIENT, suspend performanze of Services under this .Z Agreement. In the event of suspension of Ser- vices. WARZYN shall have no liability to WEI CONTR No.001;12188 L AMENDMENT PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO. 91616492 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. ta,;-801-051 n���rEs 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 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 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. Warzyrl, Inc. By. Date: � d l 9 J- 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. ) BIDDER'S EMPLOYEE FORM 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 JOB -CATEGORIES Y F Y F Y F Y F S TOTALS Signature of Company Official and We Telephone No. Date signed Page —of- 2. Have you ever beenp aware r ,bic r n YES da(ed � by the City of Elgin? PD rp UItY.t mac( ni cd = N O �neS,l�t4�• 3. If the answer to #2 is yes. please submit a copy of the Employee Utilization Forms that was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shown under— utilization of minority and/or female. please submit. according to the guideline provided in thV attached document. a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor. etc. fails to comply with the fair employment and affirmative action provisions of the .City of Elgin. the City amongst other actions may cancel. terminate or- suspend tho contract in whole or in part. CITY OF ELGIN EQUAL EMPLOYMENT WRITTEN COMMITMENT 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 term 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. S. 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. 91616492 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): Warehouse Property Elgin, Illinois SERVICES: Phase III Environmental Assessment PROPOSAL REFERENCE: 91616492 dated May 21, 1992 STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1 1 2 SPECIAL TERMS AND CONDITIONS: Lump Sum COST ESTIMATE: $35,805 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: CITY OF LG WARZYN INC. A7 -4 _Q glas A. Wierman Project Manager Date: Iva �7 Date: WARZYN May 21, 1992 Mr. Raymond Moller City of Elgin 150 Dexter Avenue Elgin,Illinois 60120 Re: Proposal for Phase III Environmental Assessment Warehouse Property Elgin, Illinois Proposal No. 91616492 Dear Mr. Moiler: Warzyn Inc. (Warzyn) welcomes the opportunity to submit this proposal to the City of Elgin for the performance of a Phase III 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 previous conversations regarding this site. A description of proposed project tasks, a schedule of project performance, and an estimated budget are also provided. SITE DESCRIPTION The investigation property (see Figure 1) consists of aeproximately two acres and currently includes two vacant warehouses w;th office space, a temporary storage area for Elgin School District U-45, an asphalt p9ved parking lot, and an inactive (abandoned) service station. (currently owned by Eby-Frown Company). Tnre site is situated in an area of residential and commercial development: SUMMARY OF PHASE II INVESTIGATION RESULTS Warzyn has compl--ted a Phase II Environmental Assessment of the site and discusses? issues of potential environmental concern with the City of Elgin. A summary of information collected to*date is provided below. Data collection locations art: shown on tli; attached Figure. TtiF PFRFECI li:1J_4\k:F BMVF.F\TEC11\01001 ND CREIM\]T CHICAGO 2](X)COW'OK1TE URnE AI)I)IOA.(1 dilnl -lhl x,91-SUin - VN'A 1 1 V • FORMER DRY CLEANING OPERATIONS - No volatile organic compounds (VOCs)related to dry cleaning operations were noted in the soil samples collected at the two soil borings (B3 and B4) in this area. However,common gasoline parameters benzene, ethylbenzene, toluene and xylenes - (typically referred to as BETX) were detected at both borings at shallow (6 to 7.5 ft) and deeper (13.5 to 15 ft) horizons. Concentrations were significantly greater at the shallower depth, possibly indicating a source area at this location. BETX concentrations at this location were high enough that they may have interfered with the laboratory analysis for other VOCs which may have been present. • ABANDONED SERVICE STATION (SOUTHEAST PROPERTY CORNER) - Boring (B6) placed nearest the original location of the 3 former underground storage tanks (USTs) at the site, indicated BETX contamination at depth (23.5 to 25 ft). This appears to indicate contamination is present at the water table. The soil samples collected from soil borings B7 and B8 in this area indicated that total carcinogenic PNAs exceeded the LUST objective for these compounds. This contamination could be associated with the former USTs at the site, or could be coming from an off-site source. • FORMER SERVICE STATION (NORTHWEST PROPERTY CORNER) :Although historical information indicates the presence of former USTs existing under site buildings, soil borings (B 1 and B2) performed in these areas did not indicate any apparent soil contamination. BETX was detected in soils collected from boring B5 performed exterior to the site building, in the sidewalk on Douglas Avenue, at a depth of 14 to 15.5 ft. This contamination could be associated with the former site USTs, or could be coming from off-site. A potential off-site source of BETX contamination has been identified at the former Price Rite Liquors located at 180 Kimball Street, north of the subject Warehouse site. Based on information provided by the City of Elgin, a spill of approximately 10,000 to 12,000 gallons of no-lead gasoline occurred at Price Rite Liquors on or about February 18, 1985. This spill occurred as a result of leakage from a pipe which connected a gasoline UST with the fuel pump. The Illinois Environmental Protection Agency (IEPA) Division of Land Pollution Control was contacted to determine if this agency has a file on this occurrence. According to the IEPA,the spill was reported and incident number 851023 was assigned to the site. The property also obtained a U.S. EPA hazardous waste generator number (0894385055) on February 15, 1985. Phase III Environmental Assessment MaX 21,1992 City of Elgin warehouse Property Page ♦♦1 MM N The information provided by the City of Elgin indicates 10 monitoring wells were placed in the area at the time of the spill, 7 on-site and 3 off-site. These were apparently monitored on the basis of odor and through the use of an explosimeter. A January 1986 drawing shows a recovery well at the site, and two excavation areas. It is not clear if these excavations were associated with the spill. The IEPA indicated they did not believe any remediation had been performed at the site, however, a file review would be necessary to determine whether this is true. In addition, a gasoline station once existed directly east, across Spring Street, of the existing abandoned service station. Little information is currently known, about this station, or the potential for USTs at the site. SCOPE OF WORK Information obtained during the Phase II investigation suggests BETX contamination of soils and groundwater at several locations. The source and extent of this contamination is currently unknown. Based on existing data, this could be the result of one or multiple off-site sources, and there could be one or more on-site sources. The focus of the proposed Phase III investigation will be to better define the extent of contamination and the site, and possible source areas. Task 1: Information Collection and Review Two potential off-site source areas exist in the vicinity of the study site; the former Price Rite Liquor property and the gasoline station which previously existed immediately east of the abandoned service station on the southeast comer of the study site. An effort should be made to obtain any available information regarding these properties and the documented or potential release. The IEPA has indicated they may have a file on the Price Rite Liquor property. Obtaining this information directly from the agency would require the submittal of a Freedom of Information Act (FOIA)request, which typically takes 6 months for a response. A better alternative would be to have someone visit the IEPA, review the file, and make copies as needed. Another option would be for the City of Elgin to contact the current property owner and request information regarding the status of the site. The City of Elgin Fire Marshal should be contacted regarding the history of the former gasoline station east of the investigation site. Again, the City of Elgin could perform this task. Phase III Environmental Assessment max 21 1992 City of Elgin Warehouse Property ge WARZYN For budgeting purposes it has been assumed the City of Elgin will collect the necessary data. Once this information has been obtained by the City, it will be reviewed by Warzyn. In order to minimize costs for this Phase III Environmental Assessment, the City of Elgin will determine surface elevations at the site. Task 2: Soil and Groundwater Sampling Program A total of 7 groundwater monitoring wells will be installed at the site, at locations identified on the attached Figure. Wells will be installed according to standard Warzyn protocol (attached). These wells will assist in identifying whether groundwater contamination exists at the site, and if so, its general extent. Additionally, the wells will provide information on groundwater flow direction, which will assist in the determination of possible source areas. Approximately one week after installation and development, samples will be collected from each of the monitoring wells. These will be analyzed for VOCs and PNAs. Based upon the rate of recharge of the wells, additional time may be required to complete the sampling. Soil borings will be performed at selected site locations to determine the possible existence of source areas. Because a potential release has occurred at the abandoned service station, one soil boring will be performed into the original location of the three USTs at the site. A soil sample will be collected from below the fill material (estimated depth of 12 to 15 ft), and at approximately 5 ft below this depth (estimated depth of 17 to 20 ft). These samples will be analyzed for BETX. This analysis should assist in evaluating whether the previously identified contamination at 23.5 to 25 ft is associated with these former USTs. As noted earlier, sampling in the area of the former dry cleaning operation indicated the presence of BETX at both 6 to 7.5 ft and 13.5 to 15 ft. Discussions with Mr. Roger Stetner, Eby-Brown Company, indicate this area was originally the location of numerous types of commercial and residential developments, although he does not recall a gasoline station ever in the area. Mr. Stetner reports that the stores in the general area of the former dry cleaner originally included basements, and that when this area was prepared for construction of the existing site buildings,the general area was filled with approximately 8 ft of fill material. A maximum of 5 soil borings will be placed in the area of the former dry cleaner to evaluate the extent of contamination, and help to define a possible source area. It is presently anticipated this will include the performance of borings in the parking lot and inside the Ackemann Building. Borings will be performed to a maximum depth of 15 ft. One of the soil borings performed at the dry cleaning Phase III Environmental Assessment May 21.1992 City of Elgin Warehouse P Page AM 1V Assessment effort (Task 3) will be included, and recommendations provided, if requested. SCHEDULE AND COST ESTIMATE Warzyn proposes to conduct this Phase III Assessment 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 materials basis according to the attached rate schedule. The estimated cost of performing this Phase III Assessment is provided in Table 1. Field labor costs are consolidated under Task 2. 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). A cost estimate for quick turnaround (1 to 2 weeks),on sample analyses is also addressed in the table. It is understood that Warzyn will contact Joint Utility Locating Information for Excavators (JULIE) for the identification of main utilities that feed into the site. Warzyn will work with Eby Brown, if possible, to identify utilities running through the property. 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. Warzyn will then prepare a draft project report for review and comments from the City of Elgin. Unless otherwise directed Warzyn will then provide three (3)copies of the final project report 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 on-site 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 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. Phase III Environmental Assessment May 21,1992 City of Elgin Warehouse Property Page VXIARn N As discussed previously, 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. We trust this proposal is sufficient for your present needs. If you have any questions or comments,please contact me at(708) 691-5027. Sincerely, WARZYN INC. J y L. Bernstein Environmental Scientist Enclosures: Professional Services Agreement(2) Exhibit"A"Work Order(2) Protocol for Subsurface Soil Sampling Protocol for Groundwater Monitoring Well Installation and Sampling SJC/njt/DAW ]CM 503 99] 91616492 Phase III Environmental Assessment Ma 21,1992 City of Elgin Warehouse PrWerty Page i I�r�81910 X"QL 3nN3W 101 4:pou M , d 1 r 'yp I tlOWI�lOIAIIN I A •� 1 •IMIMi1 ' IA I.MI.1.AM a AN 1 i 1 ►Jw pIOWi001 egl"Tw g 1 ...I.MI.a► Ili.g1 i.�w 2 .M AM� W : f ?nw .,� 1. NOMM { "'°= G+ 1 Womw ow 1 allaorolllawl MWAM an t 1 . :' pus waon ro = T= VNAR.n 1 V TABLE 1 Estimated Project Costs ' Warehouse Property City of Elgin TASK 1 Information, Collection and Review $600 TASK 2 Soil and Groundwater Sampling $29,739 TASK 3 Data Assessment $1,358 TASK 4 Project Report $4,108 LUMP SUM TOTAL $35,805 If quick turn around time is required for sample analyses add-an additional $5,450 to each option above. JL 3rJnA)AW ICH�S03 88) 41616492 JIAI 16 192 t1B.28 WARZWVIIETI P.2 FROMCO F �t SFLIT-S N S AWLINGr F UBSURFACB OILS Subsurface soil eamplis we collected by performing soil borings at selected locations at the site. Soft borings are performed using hollow stem augr(ISA) W split-spoon sampling tecWques. Soil samples are collected at 2.5 foot intervals from 0 to 10 ft,and at 5 ft intervals thereafter to the borehole bottom,in accordance with American Sodety of Tasting jad Materials(ASTM)standards (ASTM;D 1586-84). A standard 2-ineb OD split-spoon sampler is used for collection of soil samples. The drilft is directed by Warzyn's Site Geologist, who logs geologic materlals encountered during drilling,field screens auger. cuttings and soil samples.and observes thb drilling activities and supervises sample collet on. As samples art obtained in the W they are visaaliy classiftied by WA zyn's Site Geologist in accordance with ASTM:D 2488-84. Sample lithology is recorded using the Uri Soil CIS saifiaatlon System. Sell borittg logs,documW'b9 so" types and subWace conditions,are completed by Warzyn's site representative. Actual borehole depth and selection.of soil samples for analysis are based upon - -trumem e=enin&visual observation and odor. DrM cutt V and liquids generated me left at the bord9le. When regW=d by site conditions,these spoils are contained in 55-gallon,steel dM=. When completed, -borings are backfilled with bentonite cement mined with cuttings. The split spoon sampler is cleaned between samples to minimize cross contaMbudon. The cleaning procedure consists of a soap and water or trisodium pbasphato CMP) wash,followed by a triple rinse with deionized or distilled water. To avoid cross contamination between soil boduSk drilling augers are steam cleaned between boles. In accordance with War2WA Site Safety Plat►,a p n detector(PID) and explosimeter are used to monitor ambient air concentrations at the borehole and with the work zone duff*Ming. The PZD is also used for field screening soil samples for the presence of volatile organic compounds. personal protective c9quiQment is utili d by site personnel.dming performance of sampling acdrridM as speafied in the Site Safety Plan. , Soil samples are placed in laboratory-cleaned glass jars and labelled,identifying sample number,location and date,and sampling personnel. Samples submitted for analysis are preserved on ke.and shipped in a cooler overnight to Warxyn's analydt'.al laboratory in Madison,'WisconsIn. Warzyu standard chain of custody procedures are followed regarding shipment and maipt of samples. . AIN 16 192 88:2B WARZYWNETI P.3 gFROTOCOLF G umwATER ONiTO G ALL J.NSTALL.AnON AMPLILNG Groundwater monitoring wells are installed using hollow stem auger(HSA) borings. Soil sampling is conducted during well installation, according to W=yn'a Subsurface Sail Sampling Protocol. The drilling and wcM installation are directed by Wa:xyn'a Site C1 oologisr,who logs•geologic materials mountemd during drilling,field screens Augur cuttings and soil samples,and observes the drIMuS activities and supervises installation of groundwater monitoring wells. Wells are consaeucted of 2 inch I.D.schedule 40 flushjoint PVC rim pipe,above an 0.010 inch slot,flushjoint PVC screen. The annular space surrounding the screen is backtilied with elites and filter pack to a height not lease than 2 A above the top of the well screen A minimum of one foot of bentoo to pellets or granular bentonite is placed above this backfill,to provide a low permeability seal at the ground surface. Well screens arc positioned to monitor selected areas of the water column. In high traft areas,a fludmount protecdvc using with a iocldng well cap is generally installed at the sine and secured with concrete. In low tta�c areas,a'stickup" locking protective casing and protective bumper posts are typically Wtalled. After installation,wells art developed using a stainless steel bailer by purging at . least 5-10 well volumes of water kin each well,or until the well water is visually clear. Wells are allowed to stabilize prior to sampling.to ensure the collected' sample is representative of groundwater at the location. Prior to sample collection the wells are purged by removing a maximum of 3-5 well volumes,or unfit forftr yield cannot be achleved. Pnr*g and sample colleCtlon is accomplished using a Won or stainless stud bier. The baiter is decontaminmM between wells using a tri sodiwn phosphate CMP) wash and triple distilled water rinse,as per U.S.SPA protocol. All samples are ' collected in laboratory glassware. All drilling equipment and tools are steam- cleaned prior to mobilization onto the site, between boreholes. and upon' Installation pof the dr111istg program. Well materials are also steam-cleaned prior to In accordance with Warzyn's Site Safety PIN,a photoioulzation detector(PID) and explosimeter are used to monitor ambient at concentrations at the sampling locations. Personal protective equipment is utilized by site personnel during perPormaace of sampling sadvies,as specidied in the Site Safety Pima s JLH i6 '92 08%29 WRFMYN/AETI •P.4 Groundwater samples are collected,placed in laboratory cleaned,glass jars and labelled,idaatifying ample number,location and date,and sampling personnel. Samples submitted for analysis are preserved on ice and shipped in a cooler overnight to Warzyn's analytical laboratory in Madison,Wisconsin. Warzyn standard ahaia of custody procedures-are followed regarding shipment cad receipt. of samples. As part of the Quality AssuranedQuality Contml(QAlQQ procedure for groundwater semplfto duplicata and trip blatit samples may be collected and submitted for analyses. A duplicate consists of fitbg two sets of sample bottles Usigg standard sampling equipment and procedures. 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.................................m3i OS`aols=w> 00'59 S .....................................................mx y`solwu7� """�' - .....................................I==pcuv 3wd 00'0 i 1 S...................................ruwunmW un:g-aoH Dgnr rPAH .................-OPm1Pt3IS xva Id3d .N3wdinba Nouanwmoa a.LV'd.[.[Nn NXARZYN area will be instrumented as a monitoring well. A maximum of 7 soil samples will be collected from the 5 borings, and these will be analyzed for VOCs and PNAs. During the investigation, additional borings may be required to define the extent of contamination in the dry cleaning area. 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 large pieces of concrete,numerous rocks or metal objects. All samples will be screened in the field 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. All soil cuttings and monitoring well development water will be drummed and held on-site pending the analytical results according to Part 920.170 of the Illinois Water Well Construction Code. Disposal methods will be selected based on the analytical results. For budgeting purposes the costs for the removal of the drummed soils and water have not been included in this work scope. 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 the extent of contamination and possible 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 draft 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 Phase III Environmental Assessment Mav 21 1992 City of Elgin Warehouse PrMerty Page ' AGORU. "CERTIFICATE OF INSURANCE CIE°" `""M'0D""' 05/28/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Rose-Tillmann, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 630 Dundee Rd. Suite 200 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 647 Northbrook IL 60062-0647 COMPANIES AFFORDING COVERAGE � R"" A CNA INSURANCE COMPANIES CODE SUB-CODE _ _ __ LCEffERN INSURED Y B INTERSTATE FIRE&CASUALTY WARZYN INC. WARZYN SERVICES INC. COMP C 2100 CORPORATE DRIVE ADDISON IL 60101 COMPANY D COMPANY E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE (MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE i COMMERCIAL GENERAL LIABILITY PHODUCTB•COMP/OPS AGGREGATE t CLAIMS MADE OCCUR PERSONAL 6 ADVERTISING INJURY i __... OWNER13&CONTRACTOR'S PROT. EACH OCCURRENCE i FIRE DAMAGE(Any one fire) i MEDICAL EXPENSE(Any one person) t A AuTom LE LIABILITY BUA 0325940 05/01/92 05/01/93 COMBINED t 1,000 X ANY AUTO LIMIT X ALL OWNED AUTOS BODILY X ! SCHEDULED AUTOS INJURY t (Per person) X HIRED AUTOS BODILY X NowowNED AUTOS INJURY : GARAGE UABIUTY PROPERTY X Physcal Damage DAMAGE t EXCESS UABILRY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM A WORK!"COMPENSATION WC 0325941 05/01/92 05/01/93 STAMORY AND : 1,000 (EACH ACCIDENT) EMPLOYERS Lu►Bllm t 1,000 (DISEASE-POUCYLIMIT) i 1,000 (DISEASE-EACH EMPLOYEE) OTHER A PROPERTY-ALL RISK 0325939 05/01/92 05/02/93 13,000 B X'S AUTO,UABILITY 83-0179701_ . 05/01/92_ 05/02/93 1,000 DESCRIPTION OF OMMTMS/LOCATIONS/VEHICUM/REETMCnONS/SPECIAL MRAS The City of Elgin and E.B.Brown are included as additional insureds with respect to liability arising out of the operations of Warzyn Inc. in connection with Phase III Environmental Assesment. (revised#048) CERTIFICATE HOLDER CANCELLATION City of Elgin SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 150 Dexter Ave. EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Elgin IL 60120 MAIL A- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RESE TIVE ACORD 25=$ 3 ©ACORD CORPORATION 1988 CERTIFICATE OF INSURANCE 1t;CInslurancecompany United Coastal THIS IS A CLAIMS MADE POLICY ow This certificate is issued as a matter of information „c'd°Of 6111=1 only and confers no rights upon the certificate Geusr:%m holder. This certificate does not amend, extend or A AARROO Ms►oac�rwn,,eo,..� n„E R alter the coverage afforded by the policies listed below. PAME AND ADDRESS OF INSURED PAME AND ADDRESS OF AGENCY YARZYN INC. Rose-Tillmann, Inc. YARZYN SERVICES INC. 630 Dundee Rd. Suite 200 2100 Corporate Drive P.O. Box 647 L Addison IL 60101 Northbrook IL 60062-0647 a L This N to certify that policies of insurance Nsted below have been issued to the insured named above and are in force at this time Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such CLAIMS M DE POLICY, POLICY Limits of Liability in Thousands(000) COVERAGES POLICY NO. EXPIRATION DATE EACH OCCURENCE AGGREGATE COMMERCIAL GANERAL LIABILITY ALL COVERAGES, PREMISES - OPERATIONS CB0050 05/01/93 BODILY INJURY 2000 5000 Q PRODUCTS COMPLETED AND PROPERTY OPERATIONS HAZARD DAMAGE Q CONTRACTUAL INSURANCE COMBINED Q BROAD FORM PROPERTY INCLUDING DAMAGE DEFENSE COSTS ' Q INDEPENDENT CONTRACTORS Q PERSONAL INJURY ❑OTHER EXCESS LIABILITY UMBRELLA FORM BODILY INJURY ❑OTHER THAN UMBRELLA AND PROPERTY DAMAGE FORM COMBINED OTHER BODILY INJURY PROF. LIABILITY CBOD50 05/01/93 AND PROPERTY INCLUDED NCLUDED POLL. LIABILITY DAMAGE COMBINED The City of Elgin and E.B. Brown are included as additional insureds with respect to liability arising out of the operations of Yarzyn Inc, in connection with Phase III Environmental Assesment. (revised 0048] Cancellation: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mail 30 days written notice to the below named certificate-holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Elgin DATE ISSUED 05/28/92 150 Dexter Ave. d �� Elgin 1L 60120 AUTHORIZED REPRESENTATIVE