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HomeMy WebLinkAbout92-0311 Warzyn Eby Brown (2) 9a- o3%I Ebb 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 -Ef C )ti Inc-.• . - • -PROFESSIONAL SERVICES AGREEMENT ' - - -AGREEMENT NO. . GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS • 1. Services • 3. Confidentiality - The specific Services to be performed by WAR- Warzyn shall retain,;as confidential,all informa «.� q. y ZYN �'�PNGOT306INC. and,its directors,of- : tion and data furnished to-it by the CLIENT ficers, shareholders. employees, agents. at- and/or others which.is.designated as 'Con- t.,,,,,es;le��s;rrtr :1.03e.CZt)eeehoeunenec. ftiiates, independent professional associates, fidential.' Such information•shall not be dis- r^'"'`^^"(°^"`7Y'^dry consultants -and su000ntractors, as the case. closed to any:third party except,as directed by p"'-?""---y-, ''ye) may be, (collectively, 'WARZYN') on behalf of CLIENT,or as required by law or regulation. =i11Y the CLIENT shall be described and authorized , from time to time by a fully executed Work - - 8. Limitation of WARZYN's Order, a sample of which is attached to this 4• Maintenance of Pro•ft,ssional S �e Agreement as Exhibit A. Each serially-num- Standards and Ethics Liability to CLIENTper 1IM1 NT, bered Work Order to this Agreement sha: be WARZYN must perform the Services in accord- (a)Any and all-liability or claim for damages prepared by WARZYN and submitted to the against WARZYN by CLIENT, wiasiaer based - CLI_>:T:s designated representative for review entc with well fin applicable a lawsal standards and upon Gamow, torn, F"^�eb..o'—wow*, proles, ethics,If well as appllieves and compliancerlinla- sionai negligence (includingerrors, omission s and written authorization to proceed prior to in- �, g - tions. WARZYN believes that or other.professional itiation of Services by Warzyn. All work with the CLIENT's wishes could violate ap- p acts), or otherwise, shall . authorized byWork Order(s) referencingthis - p be -limited to, such- loss, damage, injury, or _ or re le 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 surance and policy limits ,.identified in in the Special Terms of the Work Order. -Paracraph 7. shell-immediately-enter into discussions to ar- - (b)In 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 P quential damages (including loss of profits), in- Agreement in•accordance with Paragraph 13. turned byCLIENT as a result of WARZYN's ,(a) Services shall-be invoiced under this 'Agreement in accordance with the provisions of . . -performance or nonperformance of,any Ser • - • the individual Work,Order(s) and/or the WAR- '5. WARZYN's Warranty. - vices. : . . ZYN STANDARD RATE SCHEDULE. WAR- - - - (c),'All claims, whether based upon 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 m•onth the locale,of the Project in.performing Services . writing and received by WARZYN.within.orie - . - 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) years after WARZYN's corn- < not paid within thirty (30) days"of date of in- FITNESS FOR ANY PARTICULAR PURPOSE ..pletion of the Services with respect-to which the - OR OTHERWISE, CONCERNING ANY OF ' • claim is made. . • • voice. ' THE MATERIALS-OR Services'WHICH MAY - (c) Client,shall be responsible for and, pay BE FURNISHED BY WARZYN TO CLIENT: WARZYN at WARZYN'S prevailing rate for all time spent by its personnel in connection with 9. CLI_NT.In(Subst tuon of an court, administrative :or other legal- WARZYN AMENDMENT)e .per y g G.- Limitatiof�ob the Scope of � AMENDMENT) �� proceedings arising from or relating to Services. • . ••, ,Services ou statute. per Exocpt for cloimc covered under the pe(ieie�o` provided under this Agreement, regardless-of AMENDMENT) 'whether or not WARZYN is subpoenaed to ap- - Any hazardous`or toxic substances, hazardous --. ar aph iE IT it,au bo ..al tT • . 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-) • -s-a=fcsult--ef WARZY,N a performaricc e, ....r. • - 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. - c , signal Services Agreement-and-related Work , fir Order(s), a`project initiation payment, corn- . puted as follows, shall-be received by WAR- - - ' ZYN for each applicable Work Order and shall, _ - •'- ' represent authorization by.CLIENT for WAR-. "' • ZYN to proceed with its Services. 10.Information Provided by . a-tLc..h.ry ,.,tit<-ti 9...'0 the fro-+..,e^r,• - - CLIENT to Others _ . • • proiectBudget Itnr' rT nn . - • - - . Less thanS5.000 RrojectBudget • AtlaEeraais.• (a)WARZYN shall indicate to CLIENT the in-.- - formation needed for rendering the Services re- SS,00oto 520,000 55,000 quired under this Agreement, as well as, likely - -Greater thanS20,000 . - ,.. . -.ec,Budget •7_ Insurance(Add i i nPer sources of this information, with such sources Such project initiation payment(s) shall be ap- ' • .r1.AMEN REN1-) - '' to include but riot be limited to CLIENT'WAR-:- ,. plied against the final project billing. WAREYN7- ..aitttc,ne 14e-" ZYN shall review existing information,provided (e)All,payments shall be remitted to: ' Beverages: • ' • • • . - • by others and shall give.CLIENT its opinion of - ' Warzyn B4fittOtif')g Inc. . . - - the risk associated with reliance on such infer- - Dept.00757 : mation: CLIENT understands that it is`impos- Milwaukee.WI 53259-0757 . • we,i..r'. . - sible to eliminate all risk because'of inherent ' - • Attention: Accounts Receivable - limitations 'on the techniques available to . . • • ' 1. develop the information;arid'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. /,', 4 ,.''set forth,herein or:such ether adoresses as the ,in'the infcrmati'n: par ties' ma...designate. , (b)To the extent that CLIENT expects•.WAR minaiion or•rfae-- ' $-tf3eer ef"'F ;',' • • • ' • ,ZYN to rely solely,upon existing information; ` Within thirty';30)'calond'ordays Of• ,termina^Cf,. 1 g, Entire Agreement without the' opportunity forWARZY,N; in .its •-•'• • • ' professionaf'.ard/or;scientific judgment; to'ap-. anc.urred,.in aec ,rda^cB."tt`LW;RZ s,thrc The'tern. and conditions set forth herein con- , ,propriately.validate'the'accuracy and reliabiliy ; -•fro,,-trn3,for er•hpriulP Anr!'PYppnce rP,mh.11- .,<..,stitute the•entire understanding of t❑e parties ,of •such' information;-the, CLIENT ,agrees'.to relating to the provision'of•Services by V',=.=,- waive-any-claim,against:WARZ•YN'=and to in r-, •< <hall'in-Lima"rtincp rPnriPreri uptn'•tt e ' ZYN to CLIENT and shall be incorpc afed,n z:: :demni , defend; and:hold'harmless"WARZYN,':; ' Work Orders and authorizations unlos other- from and•against;any.and'all:claims-or Lability ,l''': C - `wise stited therein..This.Agreement may-te :for injury"or loss allegedly arising,from errors;', „ . u. P, ,. •amended -only,by a,written ins.trument'sianec i ,..,u: . - =,r !: . byboth artier. omissions,or.inaccuracies in existing informa and so on. _,• ,,,,; - P . , lion• provided''to WARZYN by.'CLIENT' or. •'. ' ..: - - -. ' .. - •others:` ,•1 4- Recovery of Dispute Resolution .'•.19'•-•Precedence -. - • ••,Co�• •(Delet•ion-.per • • ' .-•These General •Terms and Condit,ons sha!i •1'1 ' . ,Right. Of Entry AMENDMENT)t bs'titute pe-r• AMENDMENT;. _ take precedence over any inconsistent or co,• CLIENT'shall•pr•ovide,for WARZYN's•right,.to eithor party•against the otf,er tr•-Lah[Lry or •;tradictcry provisions,-contained in,any CLloN-- ' issued.purchase'order, requisition, •notice to enter'from,`'time'-to' 'time' property ,owned by " t.L' 'for d�rhagos'Qr cal e^'-%ttg ' d ,�i^g h 't ' . •-Z••'.• rodced;- or•' dike. "document recardin_ ''CLIENT.andlor other(s) in'order fof•Vvr,n�...�-' rG• G.niro6{'t® (i)`npn p�,%,nCnt``'nf ;nvna� (ik) „-= P _ to .fulfill the scope :of. Services'-Induce�' s WARZYN's Services. - • - /tc'•onr:.enr- Or 'cn m n�m0''a•n ate• frr>p,,;' - , , c•sausesrune r' 0era4ea=e21u4o4ej _ , 20.•Severability rh„.• .e.,r'.,..�„f�•h,r•F, R,grit•'rhNn'tha ci,t-ascful perry'°'Shall hP'Pntitlg - • - . - - ,..,v:4:1 , ,hE.",T ,,, ,k,,it„ As-(},ter t},e_d;,'7 t If'=any of these Genera!Terms and Conditions' io spcavpr, as ? J ;.damages , 'u t n rnru ' 'tat,tng h shall be'finally determined to be invai;a.or•un- ClAVB Of 6ertalLh�-di-�S --Jl' {o.ennaFilp IP al r•nc1G�a nrl•PY dncue fnr hnn _ .. preveyfarive 0saac,jrpclplativP:Jn thPSP rnnrii- y 'i+"-; . .,,enforceable in whole or,'in part,'.the remamnine- provisions hereof shall rerrain in full force and r. r effect, and,be binding-upon the parties-hereto- 1 5. Independent'.Contractor• ,,-• •The parties agree to reform this'Agreement to . WARZYN-shall'not act as.CLIENT'S'agent or, replace ,any• such invalid or unenforceable . • t employe`e; but rather, as'an•independent,.con- ,',.provision.with a valid and,enforceable provision : rrir-PriiireC acsnryaieii.viirn-auhsur--•-•. tractor WARZYN shall bersolely•responsible for,',.:.that'comes:-asclose-as possible tr,the inten- lo twns of'the stricke`c•provision • "_ the compensation,', benefits,-contributions and-- , . , � - .: . t�- .. - . . .. - taxes,'if any,of-its'employees andagents. _ j 21:.'Survival spent.or expenses`in^e�e'd,by;1NsRZVN:ia;' -1.6 Assignment ;. y All obligations arising prior to the termination of - ',.40 bp,based 'uo%t•1WWWARZY,N's.•theV-prPuailtng ••r„This-Agreement is•..to be.binding on:the heirs, this Agreement'and all provisions of this.Agree- ,. .fec• iohodulo• and,'ter` 6n`ireimhai rnPnt:'.`:.successors and•assigns of.th'e.,parties hereto merit,allocating 'responsibility or liability be-' ' • •poji^y. • :•'.: r"- :'•and' is;-not to ;ben-assigned-by:either, party aween-CLIENT,and.WARZYN shall survive the :' - ,' , . - ' without first obtaining the.wri•tten consent ot.tie'••• completion;of Services hereunder and the ter- 12.Op - .other••' •. mination bf this Agreement inions of Cost -WARZYN-s. opinion of probable..-construction'-: .ZZ•'Governin Law -- costs and/or.operations arid 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 judgment as an,experiencedrand :`may be delivered'personally,''or:by telegram or • ,-p'reted pursuant'to the rules of the State in -qualified:design'professional,' familiar with the. : `certified:Mail, return receipt requested, to the., ' which the Project site is located , construction industry.:But,_ WARZYN;cannot . •- • r and does not guarantee that,proposals,'bids;o'r• .' -• •. ' -, •, .- ' ....total construction :costs;will not .vary:'from::• -, > :' ' _ ',opinions,of probable cost prepared by WAR- '.; The terms.and condition set forttrherein are accepted as of this:1'2,'day of March i g 9 2 - CLIENT C. 13.Termination; SO, perisiort or.. Company: ,C i Signature< ' Abandonment•�siibstitute per. , . AMENDMENT) ,. S •ignature ;c� �• By:•`:''R.•:Damo,n Lee ...• (a)'this-Agreement may be terminated by. .•; , L/ : • ' either party upon fourteen (•1a) days.wntten`:,. By: •,'City` •Man qer Titie:'•, Project Manager notice, should th ,other,-party fail substantially.• . • • ' •to perform in accordance with the termstof.this ;, ,' , - _. phone: -(7:0 8 ) 6 9:1 -5 0 0 0 Title:, ' : . . Agreement,tprough no,fault of the terminating -•' .. ' , ' • pam• • -r ,:. •••• • Phone: '` (•7 0 8 )` - 9 31—5 5 9 9- ; Address: 2`10 0 Corporate D r , , .(b) If CLIENT'fails to make, payment.when' - due WARZYN for Services:'WARZYN .may,• --1250- 'Dext'er,-"Court. -Addison , IL 60101 Address: upon seven(7)'days'written•notice~to CLIENT,• - : . - -. . . - • •suspend, performance of''Services_under';this Elgin,' '',IL'• •':60:12'0 . .. ,. . Agreement..In the event of suspension'of Ser-' • . .-- _ ' ' , • . ' - vices, WARZYN.shalt have..no' liability'•to', . } • WEI CONTR• Nor 001.; 12/8,8'`: • - - ! • ' . . . - ''' . - . . • _ , i . , • .. , , , . . • . ' . . • . • , . ._ . . . • . . . . . , 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 Paiagraph 7. Insurance , . - • .: . i . Insurance certificates reflecting the policy coverage_should be provided to the - City of Elgin. The Certificates shouldstate that the City of Elgin and the Eby-. • Biown 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 erroi.s,•omissions or other- ' • professional acts),or otherwise, shall be limited to such loss; damage, injury; or. • liability,as is covered under the policies of insurance5 and policy liniits 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 PROFESSIONA L 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 tgenter from time to time property owned by Client and/or others) in order for WARZYN to fulfill the scope'of Services. • Substitute the following in placeof Paragraph 13. Termination, Suspension or • Abandonment. (a) This Agreement may be"terminated by either party upon fourteen (14) days written"notice, should the other party fail substantially to perform in accordance: • with the terms of this Agreement through no fault of the terminating party. (b) If CLIENT fails to make payment when due WARZYN_for Services, WARZYN may, upon seven (7) days written notice to CLIENT, suspend performance of Services under this Agreement. In the event of suspension of " Services, WARZYN shall have no liability to CLIENT for delay or damage caused CLIENT because of such suspension of Services. • • Deletion of entire Paragraph 14. Recovery of Dispute Resolution Costs. [chi-801-05] • JLBfmp/rES • • • • ATTACHMENTS WARZYN INC. Certifies That: The undersigned firm certifies that it is not delinquent in the payment 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. • 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-3, or; 33E-4 of Chapter 38 of the Illinois Revised Statutes. • WARZYN INC_ • • BY: R. amon Lee - Pro„:s.;41) Tanager • Date: 3 lO 4 • 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 maybe, (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/n4rc)\ 12i (gl2by 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 II Environmental Assessment PROPOSAL REFERENCE: .91602792 dated March 10, 1.992 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: - cam_ By: R. D m1n Lee - Project Hager • Date: /// /? Date: . "3 a0• Q'O - • • 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.eonversation. 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. THE PERFECT BALANCE . BETWEEN TECHNOLOGY ' AND CREATIVITY' • • CHICAGO 2100 CORPORATE DRIVE ADDISON,IL 60101 (708)691-5000 - ' FAX(708)691-5133 . ���TTT� W 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. • Rased on existing information pertaining to the assessment property, the • following Phase II 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:Raymond Moller March 1992 City of Elgin Page 2 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 sarriples 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 large pieces of concrete, numerous rocks or metal objects. • Mr.Raymond Moller March 1992 Cite of Elgin Page 3 a;. ems • W _ - 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. Wort: Order. If additional services are requested by the City of Elgin these will be invoiced on a time and Mr.Raymond Moller March 1992 City of Elgin Palle 4 . • • 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 City of Elgin Page 3 • 9 ifits -- WAMY\ 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. ; A a_SL4!IAA:t2. • J•! L. Bernstein Environmental Scientist Enclosures: Exhibit "A" Work Order (2) Protocol for Subsurface Soil Sampling Protocol for PCB Sampling JLB/llrfjr/GEP [CHI-502-62j 91602792 • • Mr.Raymond Moller March 1992 City of Elein Page 6 sys ..- WARZYN TABLE 1 Estimated Project Costs Warehouse Property City of Elgin Task 1: Soil Investigation Warzvn 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/sample - $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 $90 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 ICH1-502-62) 91602792/rable JLBNr/jr/ Ell'E1in • y°( Agenda Item ( i) . _ski 9�R. ns- March 6 , 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Phase II Environmental Testing Contract PURPOSE The purpose of this memorandum is to recommend that the City enter into an agreement with Warzyn, Inc. for a Phase II Environmental Assessment at the proposed site for the new police facility. In addition, staff is requesting the author- ization to reimburse Eby-Brown Company for the disposal of contaminated subsurface soils that may result from the seven test borings . The cost of the disposal will not exceed • $5,965. BACKGROUND Council authorized staff to enter into negotiations for the acquisition of . property owned by Mr. William Wake, Jr. (Eby-Brown Company) . The Phase II tests would be conducted within the block bounded by Douglas, Dexter, Spring and North Street. Warzyn, Inc. performed the. Phase I assessment at the site. Based on existing information pertaining to the assess- ment property, the following Phase II activities are proposed to be performed. Task 1: Soil Sampling Program Soil samples will be collected at three areas of potential contamination associated with past activities . Soil sampling area include; the area of past dry cleaning operation, area of former underground storage tanks (USTs) . associated with an inactive filling station, and area of a former filling sta- tion (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 feet using a drilling rig. Soil borings will be located on the parking lots in the southwest corner of the property, approximately ten feet from the adjacent building. Soil samples Mayor and Members of the City Council ++ , March 6 , 1992 Page 2 will be collected in accordance with standard Warzyn soil sampling protocol (attached) . A maximum of two samples will be analyzed for volatile organic com- pounds (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 feet each using a drilling rig. Soil borings will be drilled at locations of past UST's associated with the inactive filling 'station, as per the City of Elgin Inspectional Services documenta- tion. 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 feet each using a skid rig. Soil borings will be drilled inside of the western portion of the warehouse building (area of a former filling sta- tion) . 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 au- thorization. Additional drilling and sampling is not includ- ed within this work scope. 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 . 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 the past Mid-America printing operations and the floor and wall of the western portion of the N Payor ' and Members of the City Council March 6 , 1992 Page 3 • 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 evalua- tion made of identified contaminant sources . This will docu- ment 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, docu- menting 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 inves- tigated will describe subsurface conditions at the property. The conclusions of the Data Assessment effort (Task 3) will be included, and recommendations provided, if requested. Drilling operations may result in the collection of contami- nated subsurface materials at the surface. The material will be contained in 55 gallon drums by Warzyn, Inc. and left at the site. It will be the responsibility of Eby-Brown Company to dispose of the drummed materials, in accordance with ana- lytical results. Since the City has requested that the above outlined tests be performed, staff feels that it is appropri- ate to reimburse Eby-Brown Company for costs associated with the disposal of the contaminated subsurface of these specific test borings . A not to exceed figure of $5,965 will be set and agreed to by Eby-Brown Company. FINANCIAL IMPACT Warzyn, Inc. Phase II contract at $14 ,500 and reimburse- ment of costs associated with disposal of contaminated sub- surface material that results from Phase II test boring at. a not to exceed a price of $5,965 . RECOMMENDATION • It is recommended that the City . Council authorize the City Manager to contract with Warzyn, Inc. for a Phase II Environmental Assessment at the Eby-Brown Company block. Furthermore, it is recommended that . the City Manager be au- a Mayor and Members of the City Council ' " `', March 6 , 1992 Page 4 thorized to reimburse the Eby-Brown Company for expenses related to the disposal of any contaminated sub-surface ma- terials that may be brought to the surface as a result of the Phase II test borings . The cost of such reimbursement is not to exceed $5 .965 . r Lar L. Rice, City Manager LLR:daw _