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HomeMy WebLinkAbout92-0708 WARZYN INC, PHASE 1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WARZYN, INC. FOR PHASE I 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 I environmental assessment of the Kimball Street right of way, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: July 8, 1992 Adopted: July 8, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Warzyn EWq1ftd&Y Inc. PROFESSIONAL SERVICES AGREEMENT AGREEMENT NO. GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS 61 000.9w Bash oppigignAiie 1. Services 3. Confidentiality The specific Services to be performed by WAR- Warzyn shall retain,as confidential,all informa- ZYN M45NEIDMMINC. and its directors,of- ton and data furnished to it by the CLIENT gi"lle 61"11k!Ah') fivers, shareholders, employees, agents, af- and/or others which is designated as "Con- Moccurren.el filiates, independent professional associates, fidential.' Such information shall not be dis- consultants and subcontractors, as the case closed to any third party except as directed bygel may be, (collectively, 'WARZYN')on behalf of CLIENT,or as required by law or regulation. &ABLe 6 mi!k'b'I^t the CLIENT shall be described and authorized from time to time by a fully executed Work q Maintenance of Professional $• Limitation of WARZYN's , Order, a sample of which is attached to this Liability to CLIENT (Substitute Agreement as Exhibit A. Each serially-num- Standards and Ethics y per (S N Mitul bered W:rk Order to this Agreement shall be (a)Any and all liabilityPor claim or�amages` WARZYN must perform the Services in accord- c prepared by WARZYN and submitted to the against WARZYN by CLIENT, >wMetfwr based CLIENT's designated representative for review ance with prevailing professional standards and upon aerrMeet, tort, profes- and written authorization to proceed prior to in- ethics, as well as applicable laws and regula- sional negligence (including errors, omissions itiation of Services by Warzyn. All work tions. If WARZYN believes that compliance or other professional acts), or otherwise, shall with the CLIENT's wishes could violate ap- be limited to such loss, damage, injury, or authorized b} Work Order(s) referencing this plicable professional standards or ethics, laws g Agreement shall be subject to the terms of this liability as is covered under the policies of in- Agreement unless modified by mutual consent the r 6LIE ions, then WARZYN shall W advise surance and policy limits identified in the CLIENT and the CLIENT and WARZYN 7. in the Special Terms of the Work Order. shall immediately enter into discussions to ar- Paragraph 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- the individual Work Order(s) and/or the WAR- S. WARZYN's Warranty vices. 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 receipt of the invoice.A 1% per month service PRESSED OR IMPLIED, IN FACT OR BY event,shall such claim be asserted by CLIENT charge shall be added to all accounts which are LAW, WHETHER OF MERCHANTABILITY, later than six (6) --ears 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 voice. OR OTHERWISE, CONCERNING ANY OF claim is made. (c) Client shall be responsible for and pay THE MATERIALS OR Services WHICH MAY WARZYN at WARZYN'S prevailing rate for all BE FURNISHED BY WARZYN TO CLIENT. CLIENT Indemnification of time spent by its personnel in connection with 9. WARZYN Substitute per any court, administrative or other legal 6. Limitation of the Scope of (Substitute arisin from or relating to Services b AMEND F.1�T) proceedings g g Services (su stitute per axe-r'�-- f provided under this Agreement, regardless of AMEN�MENT) i se whether or not WARZYN is subpoenaed to ap- Any hazardous or toxic su stances, hazardous Palevispl. 91, the 91:1EN+ .1.91 be selely pear at such proceedings 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 associated with Services paid to WARZYN by CLIENT or any third provided by WARZYN on this Project shall at party). no time be or become the property of WAR- (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 b ZYN to proceed with its Services. y pmiec!Budoe' t, CLIENT to Others (a)WARZYN shall indicate to CLIENT the in- LessthanS5,000 Project Budget Materials. 55,0DOtoS20,007 $5.000 formation need d for rendering the Services re- Greater than Sn.00 25%of Project Budget quired under this Agreement, as well as, likely 7. Insurance (Addition per sources of this information, with such sources Such project initiation payment(s) shall be ap- ��r� M)rNDMENT) to include but not be limited to CLIENT. WAR- plied against the final project billing. ••'r''• " e3J"+++rte ZYN shall review existing information provided (e)All payments shall be remitted to: a9 by others and shall give CLIENT its opinion of Warzyn ff0Wfr X0ifV Inc. the risk associated with reliance on such infor- 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 to develop the information, and/or because of er- CLIENT for delay or damage caused CLIENT signatories of this Agreement at the addresses rors,omissions or inaccuracies which may exist because of such suspension of Services. set forth herein or such other addresses as the in the information. parties may designate. (b)To the extent that CLIENT expects WAR- 4'Ra1i8A 8F 114" SIDU919 therefore, GHENT she!', ZYN to rely solely upon existing information, 18.Entire Agreement without the opportunity for WARZYN, in its professional and/or scientific judgment, to ap- The terms and conditions set forth herein con- propriately validate the accuracy and reliability stitute the entire understanding of the par:;es of such information, the CLIENT agrees to =ent P01 , ^ oca4°cl relating to the provision of Services by WAR- waive any claim against WARZYN and to in- Qasts sh^'l •^ •^e ZYN to CLIENT and shall be incorporated in all demnity, defend, and hold harmless WARZYN Work Orders and authorizations unless other- from and against any and all claims or liability wise slued therein. This Agreement may be for injury or loss allegedly arising from errors, M0dffi4Ang °^h°�^�°° °°T:^3-;°•°^^^°' amended only by a written instrument signed omissions or inaccuracies in existing informa- Sad-ce-0Q.- by both parties. tion provided to WARZYN by CLIENT or others. 14.Recove of Dispute Resolution 19. Precedence Costs (Deletion per These General Terms and Conditions shall 1 1.Right Of Entry(xS # � per �^ .&fN11% T,�j� h,_,, by take precedence over any inconsistent or con- CLIENT shall provide for right to r tradictory provisions contained in any CLIENT- enter from time to time property owned by issued purchase order, requisition, notice to CLIENT and/or other(s) in order for Vr'AnZYN ) proceed, or like document regarding to fulfill the scope of Services r<ikwded antowameAs of t WARZYN's Services. 20.Severability d If any of these General Terms and Conditions FAQA' CLIENT at" under-1-ad- curo In rocr, sc par ^F '^^°^°• "s shall be finally determined to be invalid or un- _ enforceable in whole or in part, the remaining provisions hereof shat: remain in full force and effect, and be binding upon the parties hereto. 15.Independent Contractor The parties agree to reform this Agreement to de#ead,a WARZYN shall no: act as CLIENT'S agent or replace any such invalid or unenforceable employee, but rather, as an independent con- provision with a valid and enforceable provision ing frnm p=Miiros assneintarl with auhsiir- tractor.WARZYN shall be solely responsible for that comes as close as possible to the inten- faro aY lnretinn nrtiviticc nr Act-nuc4g of tin- the compensation, benefits, contributions and lions of the stricken provision. taxes,if any,of its employees and agents. 21.Survival 16.Assignment All obligations arising prior to the termination of This Agreement is to be binding on the heirs, this Agreement and all provisions of this Agree- 4ee rehedule sand expense rQ4abui w=ant successors and assigns 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 the without first obtaining the written consent of the completion of Services hereunder and the ter- 12.Opinions of Cost other. mination of this Agreement. WARZYN's opinion of probable construction 22.Governing Law costs and/or operations and maintenance costs 17. NOtiCeS g 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 State in qualified design professional, familiar with the certified mail, return receipt requested, to the which the Proj3ct 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/'v day of 19L. ZYN. CL NT r WARZYN I NIC. 13.Termination, Suspension or Company: Signature Abandonment ( } # � Per Signature ' By: Sandra L. Sroonian (a) This Agreement may terminated by either party upon fourteen (14) days written By: L V f E Title: Senior Manager notice, should the other party fail substantially to per:orm in accordance with the terms of this Title: Phone: ( 7 0 8) 691 -5000 Agreement through no fault of the terminating Address: 2100 Corporate D r . party. Phone: (b) If CLIENT fails to make payment when due WARZYN for Services, WARZYN may, Address: 11� Addison , I L 6 0101 upon seven (7) days written notice to CLIENT, suspend performance of Services under this 2ti Agreement. In the event of suspension of Ser- vices. WARZYN shat; have no liability to WEI CONTR No.001; 12188 AGREEMENT NO. 91606692 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): Elgin, Illinois SERVICES: Phase I Environmental Assessments PROPOSAL REFERENCE: 91606692 Dated June 10, 1992 STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1/1/92 SPECIAL TERMS AND CONDITIONS: Lump Sum (refer to proposal 91606692 dated June 10, 1992 for special terms) COST ESTIMATE: $20,000 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 O GI WARZYN INC. By: By: Sandra L. Sroonian Date: z, � �' Z Date: RDL/jr/ [chi 502 35a]91606692/159 AMENDMENT PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO. 91606692 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. 91606692 - 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. tcni-aoi-ost JLB/mp[MS WARZYN FAIMIT A CLIENT RATE SCHEDULE PROFESSIONAL AND TECHNICAL STAFF Engineering Services Rat_ e/Hou Construction Services Officer..................................................$160.00 ...................................................................Officer Director................................................$145.00 .................................................................Director SeniorManager....................................$135.00 ......................................................Senior Manager Manager................................................$120.00 ..............................................................Manager II SeniorProfessional...............................$110.00 ...............................................................Manager I Professional..........................................$ 90.00 ...........................................Technical Coordinator Staff Professional lI...............................$ 80.00 ............................Safety Officer/Senior Supervisor Computer Aided Designer...................$ 75.00 ......................................................................... Staff Professional I...............................4 65.00 ....................Project Coordinator/Field Supervisor Senior Technician................................$ 60.00.......Senior Equipment Operator/Field Technician Technician/Word Processor............... $ 45.00 ..............................................Equipment Operator Support................................................$ 40.00 ....................................................Support/Llborer Personnel have been classified in the above staff categories based on skill,education and experience levels. OTHER TERMS AND CONDITIONS • A surcharge of fifty(50)percent will be added to hourly rates for expert witness testimony and/or participation at hearings,depositions,etc. • Subcontracted services and other direct expenses will be invoiced at actual cost plus fifteen(15)percent. Laboratory services will be invoiced at WARZYN's standard unit prices unless otherwise noted. • Associated project expenses, including field equipment, health & safety equipment, contractors' pollution liability insurance,technical computer processing,long distance telephone charges,facsimile transmissions,postage and shipping(excluding materials,supplies and laboratory samples),and repro- duction and printing of plans,reports and other documents(up to five copies),will be invoiced at five (5)percent of the total project charges in lieu of detailed invoicing of the specified items. • Vehicle usage will be invoiced as follows: Automobile-$0.40/mile Pickup/Van-$35/day plus$0.40/mile Service Truck-$70/day plus$0.50/mile • Level Of Protection Unit Rate Prr Hones LevelD.............................................................. $ 5.00 Level D Modified............................... $15.00 .............. LevelC.............................................................. $20.00 LevelB.............................................................. $25.00 LevelA....................................................Cost plus 15% • Watzyn reserves the right,upon 30 days'written notice to Client,to amend this Client Rate Schedule at the beginning of the calendar year. January 1992 �U UNIT RATE - CONSTRUCTION EQUIPMENT PER DAY Skidloader...........................................................................$275.00 Hydraulic Hoe-Ram Attachment...................................$110.00 Fork Attachement..........................................................$45.00 Generator,4 Kw............... ..................................................$65.00 Generator,50 Kw...............................................................$300.00 Compressor, 185 cfm.........................................................$135.00 DemolitionKit....................................................................$200.00 Trailer,Utility.......................................................................$ 50.00 Trailer,Decontamination...................................................$310.00 Trailer,Office/Supply.........................................................$200.00 SteamJenny........................................................................$100.00 FilterBucket........................................................................$25.00 DrumHandler......................................................................$ 25.00 AirBlower............................................................................$25.00 Sampling Kit,Sensidyne......................................................$30.00 Sampling Kit,Soil Gas..........................................................$ 50.00 PressureWasher.............................. ...................................$ 55.00 Portable Gantry Hoist..........................................................$75.00 Fresh Air Unit................................................................... ..$125.00 Sparkles Drum Lifters.............................................. ..........$45.00 Jack Hammer(90 lbs)..........................................................$ 30.00 Fire Extinguisher..................................................................$65.00 Concrete Saw,Walk Behind................................................$50.00 RivetBuster..........................................................................$60.00 Holding Tank(1500 gal)......................................................$30.00 Non-sparking Tool Kit.........................................................$90-00 ........................$20.00 Quartz Lights.............................................. , Saw,Cut-off.........................................................................$50.00 HEPAVacuum......................................................................$85.00 Air Filterization Device........................................................$50.00 PUMPS(includes 50 feet of discharge&suction hoses) Submersible(1') ....$95.00 ............................................... Submersible(2') ............$105.00 ................................................... . Submersible(3'7.................................................................$195.00 Diaphragm(3")...................................................................$125.00 ............................. Diaphragm(2'� ......................................$105.00 Trash(3')............................................................................$145.00 BouyScavenger...................................................................$100.00 Mechanical Transfer $ 50.00 ............................................................ HEAVY EQUIPMENT Bulldozer(Cat D-6 or Equivalent).......................................$650.00 Excavator(Hitachi 210 or equivalent)................................$710.00 Backhoe/Loader,Rubber tired(Case 580 or Equivalent)...$450.00 Front End Loader,Rubber-tired,(2 1/2 yard bucket).........$575.00 Front End Loader,Tracked(2 1,12 yard Bucket).................$675.00 i •Weekly Unit Rates are four(4)times the above Daily Rates;Monthly Rates are three(3)times the Weekly Rates. •This Unit Rate Schedule does not include all equipment,supplies and/or materials available.Such equipment, supplies and materials will be invoiced at established WARZYN rates. January 1992 :3 WARZYN June 10, 1992 Mr. Raymond Moller City of Elgin 150 Dexter Avenue Elgin, Illinois 60120 Re: Proposal for Phase I Environmental Assessments Proposed Development Areas in Elgin,Illinois Proposal No. 91606692 Dear Mr. Moller: Warzyn Inc. (Warzyn) welcomes the opportunity to submit this proposal to the City of Elgin for the performance of a Phase I Environmental Assessment of the above referenced sites. This proposal is provided in response to our March 2, 1992 meeting. A description of proposed project tasks, a schedule for project performance, and an estimated budget are also provided. SCOPE OF WORK It is understood the investigation will focus on various city blocks and their associated lots and operations located in the City of Elgin (City), as indicated below. Current operations at the study site include the following: • Kelliber- Huber Brick 216 Brook Street • Elgin Salvage Clothing 115-119 Kimball Street • Lumber Yard 200-222 Douglas Avenue • Truck Parts - Repair 165 Kimball Street • Pit Pro IIF:P'1d:EC1'13AIA\CF 205 Kimball Street I>r.Ta F NI TF_CHNOLOCv AN )(K13ATIAITl°. CHICAGO 1,iO CORPORATE DKIVF' A1)D1"0A.IL 60 10 1 ( ) 1-5(100 F:GK -08 W) 1 69(�Ut31-5133 WARZYN • Insty Print 207 Kimball Street • Vacant Lot 225 N. Grove Avenue Warzyn proposes to conduct a Phase I Environmental Assessment at each of the above referenced sites. The Phase I will concentrate on visual observation of the property during a site walkthrough, and collection and review of available background information concerning the site. Based on the nature of this property, Warzyn will specifically conduct the following services: • Record on-site observations of site activities and operations • Review available state and federal lists pertaining to identified or potential sites of contamination, reported spills, RCRA Compliance, registered underground storage tanks, etc., within the zip code area of the site • Investigate past land uses through review of aerial photographs or historical documents, as available • Report on-site waterbodies, surface water discharges, wetlands, and other environmentally sensitive areas • Identify areas of potential on-site contamination inside and outside site buildings • Review past and present on-site hazardous material use and waste disposal practices, as possible • Identify possible presence of underground storage tanks, wells, or other buried articles that may pose an environmental concern • Identify potential environmental impact to site resulting from surrounding land uses • Observe and record potential asbestos containing materials (ACM) in exposed locations • Identify potential polychlorinated biphenyl (PCB) sources and contaminated areas Mr.Raynimd Moller June 10.1992 City of Elgin Page WARZYN • Prepare a technical report The Phase I report will include a separate section which addresses each of the identified operations. It is assumed that Warzyn will conduct the assessments in one day and follow the schedule listed below. Schedule: Week 1 - Receive authorization to proceed Week 2 - Perform site visits, historical review, and database search Week 3 - Provide verbal reports and develop technical report Week 4 - Develop technical report Week 5 - Develop technical report Week 6 - Submit draft technical report for review and comments Week 7 - Submit final technical report In addition to conducting Warzyn's standard Phase I activities, Warzyn's site representative will be prepared to collect bulk samples from potential asbestos containing materials (ACM) in exposed areas. This will provide general information regarding the presence of ACM within the facility and on specific structures. Sampling will only be performed upon approval from the City, and will be performed according to standard Warzyn protocol (attached). Collected samples will be sent to an analytical laboratory certified by U.S. EPA for analysis of asbestos. The cost for analysis of samples is approximately $25 per sample. It is assumed no more than 5 ACM samples will be collected at any site, and that access will be provided by the tenant. If more samples must be obtained, additional labor charges may be incurred. Analytical costs for ACM samples and additional labor charges have not been included in this proposal. The purpose of the asbestos sampling program is to obtain general information regarding the possible presence of this substance within the facility, and not to define the extent or magnitude of this problem. Therefore, it will not be possible to develop remediation cost estimates based on this preliminary data. A more detailed asbestos survey and sampling program would be required. If additional services are requested by the client, such as sampling and analysis (i.e., Phase II activities), these services will be invoiced on a time and materials basis according to the attached fee schedule. Mr.Raymond Moller June 10,1992 City of Elgin Page `�G WARZYN The lump sum cost of performing the listed seven Phase I Environmental Assessments is $20,000. If the City of Elgin is not able to obtain permission to conduct all seven assessments, the lump sum cost would decrease $2,500 for each assessment not conducted. No more than two assessments (total of$5,000) will be deducted from the lump sum. Authorization to proceed can be accomplished by returning the following items to our attention: • One signed copy of the attached Professional Services Agreement (PSA) • One signed copy of the attached Work Order. CLIENT RESPONSIBILITIES Right-of-access to the sites 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. It is assumed the City of Elgin will obtain authorization from property owners for access, and will notify existing occupants of the work to be performed. 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. ASSUMPTIONS & ASSESSMENT LIMITATIONS Conditions which limit the effectiveness of visual observations (such as snow or thick vegetation) may interfere with the identification of possible site contamination (soil staining, stressed vegetation, etc.) or potentially significant environmental factors (underground tanks, buried drums, etc.). The visual survey for potential ACM will be limited to typical applications of ACM in exposed areas. Identification of unusual uses of ACM (such as in plastered walls or ventilation duct interiors) and ACM in unexposed areas (such as above drop ceilings) is beyond the scope of this assessment. Mr.Raymond Moller June 10,1992 City of Elgin Page WARZYN We trust this proposal is sufficient for your present needs. If you have any questions or comments,please contact me or Jody Bernstein at(708) 691-5000. Sincerely, WARZYN INC. Sandra L. Sroonian Project Manager RDUjr/GEP/DAW [chi 502 351 91606692/159 Enclosures: Professional Services Agreement (2) Exhibit "A" Work Order(2) Standard Rate Schedule/Unit Rate Schedule Mr.Raymond Moller June 10,1992 City of Elgin Page L. PROPERTY ASSESSMENT METHODOLOGY WARZYN INC. Warzyn Inc. (Warzyn) conducts the Environmental Assessment process using a phased approach. This approach allows us to provide more consistent and cost- effective services for our clients, and facilitates scheduling, quality control, and overall coordination of our support services. Information is collected and evaluated in stages, and discussed with the client upon the completion of each phase. Further activities are then initiated after mutual agreement between the client and Warzyn. Commercial, residential, and undeveloped property assessments are typically completed in one phase; however, second and third phase activities may be required for industrial properties, properties exhibiting substantial contamination, or sites for which remediation is required. PHASE I ENVIRONMENTAL ASSESSMENT The Phase I Assessment includes the collection and review of site specific background data, and an on-site visual reconnaissance of the property. The background survey focuses on determining past and present use of the property. This data may include: • Site plans/construction drawings/historical aerial photographs • Land use/zoning maps/USGS topographic maps/wetland & floodplain maps • Permits or permit applications/violations/corrective action documentation • Hazardous waste generator status/waste characterization sheets • Soil borings or water well logs • Information on present and past plant practices/waste disposal practices • Past and present land use/site operations • Federal and State lists regarding sites of identified contamination • Underground storage tank registrations Appropriate regulatory agencies may be contacted regarding past operations at the site. Air, water, wastewater, or hazardous waste permits or permit applications may be reviewed if available, in addition to copies of permit violations and corrective actions. Readily available site information, such as USGS topographic maps, Soil Conservation Service soil maps, State Water Survey publications, state wetland and floodway maps, and miscellaneous maps and publications regarding the general geological and hydrological conditions at the site, may also be reviewed. A walkthrough of the site is made after or during the review of available information. An environmental specialist looks for signs of potential environmental problems or concerns, which may include buried or discarded drums or containers; stained, discolored, or disturbed soils; stressed vegetation; pipes or other objects protruding from the ground; underground storage tanks; or insulating material on pipes and walls. Existing operations on surrounding properties are reviewed to determine the potential for migration of contaminants onto the site investigated. The assessment also focuses on general environmental compliance issues, and evaluation of potential groundwater and surface water migration pathways from the site. PHASE II SAMPLING OF POTENTIAL AREAS OF CONTAMINATION Additional data may be needed to better assess site conditions and improve the decision-making process associated with the site. The second phase of the assessment consists of supplemental field work related specifically to the environmental setting of the site and potential environmental concerns identified during the Phase I Assessment. Phase II field work may consist of: • Collection of surface wipe samples to determine potential polychlorinated biphenyl (PCB) contamination on floors or walls near an existing or former PCB source • Performance of an asbestos survey and sampling program to identify the presence and extent of asbestos • Drilling of soil borings and collection of soil samples to determine potential subsurface soil contamination • Installation of monitoring wells and sampling/analysis of groundwater to assess possible groundwater contamination • Geophysical surveys to determine the locations of buried metallic objects or the migration of contaminated groundwater plumes • Performance of soil gas surveys to investigate potential contamination of subsurface soils by volatile organic compounds (VOCs) • Testing of underground storage tanks to identify possible leaks • Collection and analysis of surface water and sediment samples to investigate and define site contamination • Delineation of wetland areas, including collection of representative hydrophytic (water-adapted) plants and soil samples for determining status of investigation area • Evaluation of facility practices, waste streams, and discharges to assess compliance related to existing state and federal regulations The data collected during the Phase II investigation is used to estimate the potential environmental risks associated with the site. The results of the sampling and analysis efforts are compared to applicable federal or state environmental standards for groundwater, surface water, and soils. Where no standards exist, the results are compared to background conditions at the site or in the vicinity. PHASE III SUPPLEMENTAL INVESTIGATION TO BETTER DEFINE EXTENT OR IMPACTS If required, Phase III activities are typically performed to further define the lateral and vertical extent of contamination discovered during the Phase II investigation. Phase III studies may also include an environmental risk assessment addressing the concentration of residual site contaminants. This would consist of an exposure assessment of affected areas of the site, examining contaminant toxicity, population at risk, and the effects of short and long-term exposures. A Phase III might also be initiated to investigate the effectiveness of various remediation alternatives for previously defined areas of contamination. SUMMARY In summary, Warzyn's environmental assessment program focuses on providing consistent, cost effective services for our clients. This program facilitates scheduling, quality control/quality assurance and overall coordination of our technical support services. The goal is to identify known or potential environmental problems for our clients and evaluate the impact of such problems in "real" terms. Further, we focus on the resolution of environmental concerns. By understanding client needs as a result of years of experience in environmental work, Warzyn is able to collect relevant data and meet final project goals, whether they are determined by regulatory liabilities, financial liabilities or insurability. El • �n Agenda Item No. U June 15, 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Phase I Environmental Testing - Kimball Street Right-of-way Properties PURPOSE The purpose of this memorandum is to advise the Mayor and City Council that the firm with the low quote for the Phase I testing at the Kimball Street sites is unable to negotiate a contract with the City for the required servic- es. The next low bidder (Warzyn, Inc. ) has agreed to reduce its fee from $23, 100 to $20,000. BACKGROUND In April, Council authorized staff to enter into an agreement with Metcalf & Eddy (M&E) for Phase I audits of property on Kimball Street. 1. Kelliher-Huber Brick (216 Brook St. ) 2. Elgin Salvage Clothing Center ( 115-119 Kimball St. ) 3. Allenton Lumber (200-222 Douglas Ave. ) 4 . Truck Parts and Repairs ( 165 Kimball St. ) 5. Pit Pro (205 Kimball St. ) 6. Insty Print (207 Kimball St. ) 7. Storage Lot (205 N. Grove Ave. ) M&E submitted a Professional Service Agreement to the City for the work. The agreement was reviewed and modified so that it conformed with other PSA's for similar work that the City had entered into with other firms. M&E was unwill- ing to agree to the modifications as submitted by the. City. Disagreement existed with respect to "hold harmless", - "indem- nification" and "insurance" language. When it appeared that an agreement with M&E would not be reached, staff contacted Warzyn, Inc. (next lowest quote) to determine if the original quote of $23, 100 could be reduced. Mayor and Members of the City Council June 15, 1992 Page 2 Two months have been lost as a result of the failure to reach an agreement with M&E. Several acquisitions are being delayed pending the results of the Phase I audits. Warzyn, Inc. and the City have signed PSA's containing language similar to that which was submitted to M&E. FINANCIAL IMPACT Warzyn, Inc. has revised its quote from $23, 100 to $20,000. RECOMMENDATION It is recommended that the City Council authorize the City Manager to contract with Warzyn, Inc. for Phase I audits on certain property located on Kimball Street. Larry ice, C' Manager LLR:amp