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HomeMy WebLinkAbout92-0826 Warzyn Crystal (2) (,� 0.r zA.r RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WARZYN, INC. FOR 573 N. CRYSTAL STREET 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 573 N. Crystal Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 26, 1992 Adopted: August 26, 1992 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk War'iyn E 66rett§• _ Inc. ; PROFESSIONAL-SERVICES AGREEMENT AGREEMENT NO. _ • • - GENERAL TERMS AND.CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS. • Gei,<..,t LaS:N1 3t,000.00O ctl I•r.r--c,M.,-e -1•, Services 3. Confidentiality - e - . The specific Services to be performed by WAR- Warzyn shall retain,as confidential,all informa- ',4p,..'.-er)�••b,,,i •ZYN ODEKL CX•INC. and its directors,of- tion and data furnished to it by the CLIENT 5"vim"""`'""r IKKg - ficers, shareholders, employees, agents. at- and/or ,others which is designated as 'Con- Ahnomebie-L:d:re, .sic::.c c e..,...,. :e fil:ates, independent professional- associates, fidential.'• Such information shall 'not be dis- consultants and' subcontractors• as the case closed to any third party except as directed by a-P^^-"7''---Del ' may be,•(collectively,'WARZYN') on behalf of CLIENT,or as required by law or regulation. S^pbl•arla�rtay . the CLIENT shall be described and authorized from, time to:time by a fully described. Work . S. Limitation'of WARZYN's Order, a sample of witch is attached to this 4. Maintenance of Professional Liabilit to CLIENT (substitute Agreement as Exhibit A. Each serially-num- Standards and Ethics .r. er AMENDMENT: •bered Work Order to this Agreement shall be- (a)Any and all liability oc aim to:.car napes WARZYN must perform the Services in accord- prepared ey WARZYN and submitted to the ance with prevaiirn_professional standards-andapplicable laws and reoula- against WARZYN by CLIEf:T,_::,e, r. base: CLI_NT's designated representative for review • ethics. as well3supon Co mci, tor,,{7,...®cr.of•..a,.c„t.. croies- . arid wriner.authorization to proceed prior to•in- lions. If WARZYN believes,that-compliance sional negligence•(including 'errors, omissions. ' itiation of Services. by Warzyn. All work ' or other professional acts), or otherwise:shall authorized-b; Work Orders) referencing this wi;h.trhe CLIEN7s wishes could violate ap- . be limited to such loss. damage..injjry, or• plicabie professional standards or ethics, laws .Agreement shall be subject to the terms of this or regulations, then WARZYN shall so advise liability•as is covered under the policies of in- , ' -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: Paragraph 7. shall immediately enter into discussions to ar- (b)In no even:shall WARZYN be resoonsibie•- • - rive at a mutually satisfactory solution. Failing for any incidental,-indirect, impact, or.copse- 2. Compensation for Services • a solution, either party may terminate this. quential damages including loss of Agreement in accordance with Paragraph 13. ( profits), in.. (a)• Services shall be invoiced under this - gamed 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- 5. W'ARZYN's Warranty vices. • . , ZYN STANDARD RATE SCHEDULE. WAR- (c) All claims, whether based upor, contra::. WARZYN shall apply present engineering . tor,, breach of warranty,' professional ZYN reserves the right,"upon thirty (30) days written notice„to modify the referenced Rate and/or scientific judgment and.use a level of ef- ' negligence(including errors,omissions cr otiher Schedule;'this rate-adjustment usually occurs, fort.consistent with the standard of professional professional acts): or otherwise, ,shall be annuafiy,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 disae- for CLIENT. EXCEPT AS'Sc7 FORTH HERE- . (1) year after CUENT reasonably knew, or tor. of WARZYN; and payment is due upon , IN WARZYN MAKES NO WARRANTY, EX= should have•known of its existence'but, in rip • receipt of the invoice.'A 1% per month service PRESSE •D OR IMPLIED; IN FACT OR BY event;shall such claim be asserted by CLIE;:T- charge shall be added to all accounts which are .LAW, WHETHER OF MERCHANTABILITY, later than six-(6) years after.WARZYN's corn.: no: 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 On Services WHICH MAY • WARZYN at WARZYN'S prevailing rate for all BE FURNISHED BY WARZYN TO CLIENT. - - time spent by its personnel,in,connection with 9. CLIENT Ind(subs C;atut of anycourt, .administrative or, other legal ' WARZYN substitute per . G. Limitation ofbthe Scope of a -AMEND*TENT .;proceedings arising from-or relating to Services Su stitute per Except t.,r,..ta;.,.,, co,•c,c wee. Le Services 3 rift e�,if provided under this Agreement, regardless of AMENDMENT) • .- iwsafawee• ewd pelity 1;,,-rits -iae.,tf;e,.. ;u . - whether or not WARZYN is subpoenaed to;ap- Any hazardous or toxic substances, hazardous Parvef ph 7, Lh.. CLIZNT sha Le ,U1ely. • pear-at such proceedings by CLIENT or any or toxic wastes,pollutants and contaminants,or rc3pon3iblc to third ptirties for da.,ra,.e o.;,i.,_ third party-(CLIENT shall be.entitled to i credit. ' other'waste materials (the 'Waste Materials') as'a moult of WA,';ZYN's pen a.,,a,,ce L,, ,, ,,- against such fees for any statutory witness fees encountered by or•associated with Services ' paid to' WARZYN by CUEN1 or any third provided-by WARZYN on•this Project shall at i.. t_.,: pt.,,,;awe- a Parry), - no'time be or become the property of WAR (d)In addition to the execution•of this Profes-. ZYN. frrm-=tt ""c alsirig a"'o' or conn7-t3d wi:a . -signal Services Agreement and related Work d Order(s),'.a project initiation payment, corn- under-14c pelieic ' puted as follows, shall be received by WAR- - c ,, ZYN for each applidable Work Order and shall 1 _ _ re. represent authorization by CLIENT for WAR- CLIZNT �Mrolf i,.d.,.,,rtty, dcte,lV, tl,.V hoe' - 1 O. Information Provided by ZYN to proceed with its Services: Fr:�cs Iv•;-�q c a CLIENT to Others - s - • LeSslnanSS.00' .Projer,6ucge: Mat�.;�ie. (a)W:,RZYN shall indicate to CLIENT the in- SS.ODOto m.D?` 55.000 formation needed for rendering the Services re- Gres:ertnans2c.oc,: •• •25�:olFroectbudge: t addition per • quired under this Agreement, as well as, likely' 7. Insurance sources of this intormatiori, with such sources _Such project initiation payment(s) shall be ap- AMENDMENT) to include but not be limited to CLIENT:WAR-- plied against the final project billing. - ZYN shall,review existing-information provided'. (e)All-payments shall be.remitted to: • eevereeeei _ by others and shall aive-CLIENT its opinion of Waryn Inc..Ers lf�tfc , the risk associated with reliance'on such intor- . Dept.00757 { B- t'"' e , ination2 CLIENT understands.that it is•imccs- Milwaui,ee,WI 53259-0757 w,,,;,:„'L%—.p,,,,,oi-„r d :�ta,c.,•, ,-sible to eliminate all risk because'of inherent Attention: Accounts Receivable - limitations on the techniques, available to . • . develop the info rratior,• andJor because of er- CLIENT toroelay or carnage caused CLIENT signatories of this Agreement a: the actresses ' tors,omissions or inaccuracies which may exist because of such suspension of Services. • set form herein'or such other adcresses as the in the information.- - -- parties may designate. - - (b)To the extent that CLIENT expects WAR- iii;netien er t e8>yfe eiei£+cTe CLIENT-"v~.aa, ' ZYN to rely'solely upon existing information. 1 S. Entire Agreement - without the•opportunity for' WARZYN, in its • . professional and/or scientific judgment,-to-ap- i '' The terms and conditions set forth herein con- - propriately.validate.the accuracy and reliability stitute the entire understano,ng of the parties . of Such ,ir.:grmation, the CLIENT- agrees to relating to•the-provision of Services by WAR- Waive any•claim against WARZYN and to in- east. eho" inolu „ e rerr reef ::p to eie ZYN to CLIENT and shall be-incorporated in all demnity, defend, and hold harmless WARZYN - - Work Orders and'authorizations.unless 'osier- . from and against.any and a,: claims or liability - _ _ - -,.,..•• - wise stated therein.-This Aoreemen: may be ' for injury or loss allegedly arising from errors, - amended only by a written instrument signed omissions or inaccuracies in existing informa- arid-se.sw. - . by both parties. -lion provided to WARZYN ,by -CLIENT or others. 14. Recovg f Dispute Resolution 19. Precedence Costs `deletion p•er These General Terms and Conti;:ic-s .sha!i 1 1. Right of Entry . (substitute per ANI N rlEb'T .. q ��7� p T 11 take precedence over-any inconsistent or con- CLIENT shall provide for 'Ot'74Yt�s•ngt:: to 'e' - r tradictory provisions contained in any CLIENT- - enter from time, to time property owned by- issued- purchase orcer, reguisiticn, no:ice -to CLIENT and/or —other(s) in order for .'.'An?YN proceed, orlike document rezard.rr to fulfill the. -scope of Services.+�elddeel WARZYN's Services. _x_ - ' 20.Severability • .moat. CLIef •I •�,- Ade a ,-,ile-het he d;_, If any of these•General Terms and Concaicn: _ • r shall be finally determined_to be invalid or uri. . enforceable in whole or in par., the remaining • ti ,provisions hereof'she remain in full force a vekier-Peeeerefinfyir,-GL4e44-viiaives-eciy-elaiceeffect, and be binding-upon,the parties hereto. a _ 15. Independent Contractor The parties agree to reform this Agreement: to WARZYN sr,all no: act as CLIENT'S acen: or replace any such invalid- or :unenforceable employee, but rather: as an independent con- ' provision with'a valid and enforceable provision -that comes as close as• ssible to-the inten- trector.WARZYN shall be solely responsible.for Po f the compensation, benefits, contributions and dons of the stricken provision. taxes,if any,of its employees and agents. • -• 21 .Survival • . - 1 6.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 • - t successors and assigns of the parties hereto men: .allocating responsibility Or liability be- - f - - • 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. urination of this Agreement. • WARZYN's opinion of probable construction . - costs-and or operations and maintenance'costs 17. Notices 22.Governing Law 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 V'4RZYN's judgment as an experienced and • may be delivered personally, or by teleoram or - preted pursuant' to the rules of the' State in qualified design professional, tamiliar'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 riot vary from p opinions of probable cost prepared by WAR- Tne terms and condition set forth herein are ac,opted as of this0 a� of t SJ Z ZYN'. ,. CLIENT W�ACRZ,YNJLX1rOND INC. • 1-3.Terrnination, Suspension or Company: Signature- /�UA� --/»-T�,11.!'• -'-i.L/t-'7-- Abandonment f(substit•ute 'per . • / _ .(a) This Agreement ma} n' rtla'ted•by Signature / By: Sandra L. Sr00nian either party-upon fourteen (la) days Written v 'notice, should the other party fail substantially By: c /J C E Title: Senior Mi a n a 0 e r t: perform in a, rdance with'the terms o: this Title. C r� �f �[,v Phone: 7 0 S 6 0 1 -5 0 0 0 . Agreement through-no fault of the terminating ' , pain. - Phone: �,3 / — 6 O d Address: 2 1 0 0 C-o r p o r a i,e Dr . (b) If CLIENT tails to make payment when l (�, due WARZYN for Services. WARZYN may, /�" 0 5LL 1 _ ` �.8wt Add 1 s 0 n . I L 6 0 1 0 1 upon seven-(7) days written notice to CLIENT, Address: • suspend'performance of Services under this - /_Q/tea Agreement:In ;hr. event of suspension-of Ser- I .[ - - • vices, 1A'ARZYN she have nc liability to • /17' - WEI CONTR No.001; 12'&8 - - - , • AMENDMENT - • PROFESSIONAL SERVICE AGREEMENT ` • AGREEMENT NO. 91618392 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 $ 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. I 1• AMENDMENT PROFESSIONAL SERVICE AGREEMENT AGREEMENT NO.•91618392 - 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 teens 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-503-43] . JLB/mp/I'ES ATTACHMENT I 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. By: Date: CITY OF ELGIN CONTRACT COKPLIANCE • 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 N 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 • TOThl JOB .CATEGORIES RAM FIRLD3 _ °212 , NWT . F MP Y F Y _ F s s • • • • TOTALS Signature of Company Official and Title Telephone No. Date Signed Page _of_ E. Have you ever been awarded a bid by the City of Elgin? [D YES NM NO S. If the answer to #2 is yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shows under— utilization of minority and/or female. please submit. according to the guideline provided in the 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 rovisions of the City of Elgin. the City amongst other actions may cancel. terminate or suspend the contract in whole or in part. • CITY OF ELGIN EQUAL EMPLOYMENT WRITTEN COMMITMENT GUIDELINE • • • The written commitment required in item 04 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 far training programs or other similar opportunities available through the bidder's organization. S. 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. 6. 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. ORDER NO. • / • 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 June 19, 1992, by and between WARZYN and • CLIENT;which Agreement is hereby amended to incorporate this Work Order. CLIENT: City of Elgin • PROJECT LOCATION(s): Garage at 573 Crystal Avenue, Elgin, Illinois • SERVICES: Phase II"Environmental Assessment • PROPOSAL REFERENCE: 91618392 STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1/1/91 SPECIAL TERMS AND CONDITIONS: Lump Sum , COST ESTIMATE: $11,800-Option 1Ittlet,erreirrrt- • 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 WARZY NC. By: By:_ Sandra t. Sroonia - ject ager Date: c22, / Y2- Date: June 19, 1992 [CHI 503 43a]. , • • • June 19, 1992 Mr. Raymond Moller • City of Elgin • 150 Dexter Avenue Elgin, Illinois 60120 Re: Proposal for Phase II Environmental Assessment Garage.at 573 Crystal Avenue Proposal No. 91618392 • 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 above referenced site. This proposal is provided in response to our conversation. A description of proposed project tasks, a schedule for project performance, and a lump-sum cost are also provided. SCOPE OF WORK • Warzyn has completed it's Phase I site visit and discussed the findings of this work with the-City of.Elgin. On the basis of this information, Warzyn has recommended additional investigative activities to define possible surface and subsurface soil contamination at the property, with the following tasks to be performed: • •Task 1: Soil Sampling Program A total of five soil borings will be placed around the two existing underground storage tr_,•ks. Two samples will be collected at each of the two tanks, and one r.. will be, ta:; n adjacent to the retaining wall downgradient from the tanks. Borings • will be poi 'ormed to a maximum depth of 20 ft. The samples will be analyzed for the common gasoline parameters: benzene, elhyibenzene, toluene and xylenes (typically referred to as BETX) and polynuclear aromatic hydrocarbons (PNAs). If contamination is detected during performance of the soil borings, additional borings may be required to define the extent of contamination. This 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. TILE PERFECT BALANCE BETWEEN TECI INOLOGY AND CREITIVI1I CHICAGO 2100 CORPORATE DRIVE ADDISON.IL 60101 (708)691-5000 FAN(708)691-5133 W _ • - . 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 an • increase in the project cost would result from these modifications, this will be discussed-with you prior to initiation. The drilling program assumes that encountered soils will not have unusual characteristics, such as eontaining large pieces of concrete, numerous rocks or metal objects. Task 2: Analytical Testing A maximum of seven soil samples will be submitted to Warzyn.'s analytical laboratory for BETA and PNA analysis under standard chain-of-custody procedures.- The samples will be selected to represent the unsaturated, fill, and saturated zones based on field observations. Task 3: Data Assessment and Remediation Cost Development Upon receipt of analytical results, this data will be reviewed in association with previous site information, and an evaluation made of identified contaminant distribution. 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 client, 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 lump-sum basis in accordance with the enclosed Warzyn Inc. Amended Master Services Agreement and 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 fee schedules. Option 1 Services as outlined in this proposal, . (#91618392) - $11,800 Phase II Proposal . June 19,1992 City of Elgir. Page 2 • " _— WARZYA Option 2 Services as outlined in this proposal, if performed in conjunction with work outlined in the Warehouse property proposal (#91616492) dated May 21, 1992 $10,700 ' Authorization to proceed can be accomplished by signing and returning one copy of the attached Work Order. Cost estimates for this project are provided assuming 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. 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 client and discuss the results of the investigation. Unless otherwise directed, Warzyn will then prepare the final project report, and provide three 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. The City of Elgin understands the assessment may uncover conditions that, by law, it must report to a regulatory agency and acknowledges that in such circumstances, Warzyn shall have no responsibility to do so. Because drilling activities require penetration of subsoils, the presence of underground utilities must be identified prior to drilling. It is the responsibility of the City of Elgin or its agent to identify and mark utilities before field work is initiated by Warzyn. Also, 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. 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 borehole, unless other arrangements are made. It is the responsibility of the client to dispose drummed materials. Phase II Proposal June 19,1992 City of Elgin Page 3 • WARZYN We trust this proposal is sufficient for your present needs. If you have any questions or comments, please contact me at (708) 691-5045, or Jody Bernstein at (708) 691-5027. • Sincerely, WARZYN INC. r Sandra L. Sroo Senior Manager- Operations Enclosures: Exhibit "A" Work Order (2) Protocol for Subsurface Soil Sampling ACC/nit/MAL [CHI 503 43) 91618392 Phase II Proposal June 19,1992 City of Elgin Page 4 EVn • 4��r OFE�C Agenda Item No. 0 lb y � P �A+reorce: August 6 , 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Phase II Environmental Testing at 573 North Crystal Street (Municipal Garage Site) PURPOSE The purpose of this memorandum is to recommend that the City contract with Warzyn, Inc. for Phase II environmental testing at 573 North Crystal Street. BACKGROUND • City staff was alerted to a possible leaking underground storage tank at 573 North Crystal Street. This is the site of the City' s municipal garage facility. Traces of an un- known substance were visible seeping from cracks in the re- taining wall at the rear of the property. Two underground storage tanks are located at the rear of the property: a 6 ,000 gallon tank containing regular gasoline and a 6,000 gasoline tank containing diesel fuel . At the request of staff, representatives of Warzyn, Inc . visited the site and advised staff that one of the tanks may be leaking. On the basis for the inforrmation received from Warzyn, E.S.D.A. (Emergency Service and Disaster Agency) was notified and the City was issued an incident number. Once E. S.D.A. is notified a clock starts ticking with regard to meeting cer- tain reporting requirements . A 20 day report is required, followed by a 45 day report. The 20 day report was filed by staff . The 45 day report must be signed by a professional engineer who certifies that certain environmental issues have been or will be addressed. City staff is not qualified to perform these functions . 111 Staff has already requested a 30 day extension on filing the 45 day report. IEPA has indicated that the extension is Mayor and Members of the City Council August 6, 1992 Page 2 • will be approved if the City shows that it is working towards identifying the nature and extent of the problem. Warzyn has recommended that a total of five soil borings should be placed around the two existing underground storage tanks . Two samples will be collected at each of the two tanks, and one will be located adjacent to the retaining wall downgrade from the tanks . The samples will be analyzed for the common gasoline parameters, benzene, ethylbenzene, tolvene and xylenes and polynuclear aromatic hydrocarbons . Upon receipt of the analytical results, this data will be reviewed in association with previous site information and an evaluation made of identified contaminant distributions . This will document the type, location and contents of contami- nants and will provide an interpretation of this information with regard to overall site issues and conditions . FINANCIAL IMPACT Phase II Testing $11,800 • Since the possible leaking underground tank has been reported to E.S .D.A. , the cost of the testing is a reimburs- able expense out of the LUST Fund. RECOMMENDATION It is recommended that staff be authorized to enter into an agreement with Warzyn, Inc. for Phase II testing at 573 North Crystal Street. Larry L. Rice ' ty Manager LLR:daw Attachment 111 I1 ___L.s . q11.01 awet.J 1 .r.ree p IP) .*1,u111 au+(, ,al t r.t,..v • -)-- ,...... .. ' ( JS 1- (Peelle.) • S( S%Jt! AYlill •l.M ex•!•J} .l.ei A.ydll•J f • . • t+riz N►iC 1 .aye . •tTwll•l t r.+' •i Q • . 7 •�pt. ,,• , ar .•de...;/*V•....t —.tw'1••,• 0.. e.A.N•.31a0...isRle.d•1.•Ta,• *KaZIYMYL.Ty - __— .1.111111 WWI. ne•inlea II v . ,u.nl 41.4 ;.garw I ' Y'r•1.C1•11• Tt•\A I e,•F•1 N . 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U _.___—.—_ _ __ __— ___..... ....___.— _...__ /t _ !.' _ _. _ ..•w- Y F I ? I ►.• 1 1 • - Mrnl{Atn!N Lad ses.roPPYV r• I 'Tile //�\ • to 4wo 1•. . .'11. ..eow.1 I I _ 1 ' • I (M — ' - _ j I. na�tv y nk- 1 _ 71.11.0.0114 few. '' AP' ;' • -eye••.f.• 1 wl.' awn b tt•a,awl•l.r i • • ,'•,,..i'.I..,g r.".0'.'rff...lees I / i J • _ • - !• • •a w }•E.d:.'nod t t Ii___d_ i 4000 1 4•104li.0•41i rill I . nl • -%A• - - . "•;14112rItgri t• III, e.r �-y • June 19, 1992 Mr. Raymond Moller City of Elgin 1.50 Dexter Avenue Elgin,Illinois 60120 Re: Proposal for Phase II Environmental Assessment Garage.at 573 Crystal Avenue Proposal No. 91618392 • 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 above referenced site. This proposal is provided in response to our conversation. A description of proposed project tasks. a schedule for project performance, and a lump-sum cost are also provided. • SCOPE OF WORK Warzyn has completed it's Phase I site visit and discussed the findings of this work with the City of Elgin. On the basis of this information, Warzyn has recommended additional investigative activities to define possible surface and subsurface soil contamination at the property, with the following tasks to be performed: Task I: Soil Sampling Program A total of five soil borings will be placed around the two existing underground storage tz rks. Two samples will be collected at each of the two tanks, and one will be ta. sn adjacent to the retaining wall downgradient from the tanks. Borings will be performed to a maximum depth of 20 ft. The samples will be analyzed for • the common gasoline parameters: benzene, el.hyibenzene, toluene. and xylenes (typically referred to as BETX) and polynuelear aromatic hydrocarbons (PNAs). If contamination is detected during performance of the soil borings, additional borings may be required to define the extent of contamination. This 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. • IF PERFECT Ii.'11A\CE NEE\77:CI1\OLOGI AND CREATIVITY. CHICAGO • 2109 CORPORATE DRIVE ADDISON.IL(10101 • FAX 1-O8 1 691.51 3 W _ • 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 an increase in the project cost would result from these modifications, this will be discussed with you prior to initiation. The drilling program assumes that encountered soils will not have unusual characteristics, such as containing large pieces of concrete, numerous rocks or metal objects. Task 2: Analytical Testing A maximum of seven soil samples will be submitted to Warzyn's analytical laboratory for BETX and PNA analysis under standard chain-of-custody procedures. The samples will be selected to represent the unsaturated, fill, and saturated zones based on field observations. Task 3: Data Assessment and Remediation Cost Development Upon receipt of analytical results, this data will be reviewed in association with previous site information, and an evaluation made of identified contaminant distribution. 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 client, 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 lump-sum basis in accordance with the enclosed Warzyn Inc. Amended Master Services Agreement and 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 fee schedules. Option 1 Services as outlined in this proposal, (#91618392) $11,800 • Phase 11 Provosal June 19,1992 City of Elgin Page 2 • `r f 1. WARZY • Option 2 Services as outlined in this proposal, if performed in conjunction with work outlined in the Warehouse property proposal (#91616492) dated May 21, 1992 $10,700 Authorization to proceed can be accomplished by signing and returning one copy of the attached Work Order. Cost estimates for this project are provided assuming 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. 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 client and discuss the results of the investigation. Unless otherwise directed, Warzyn will then prepare the final project report, and provide three copies to the City of Elgin. CLIENT RESPONSIBILITIES II/ Right-of-access to the site will be provided bythe Cityof Elgin. A representative g g 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. The City of Elgin understands the assessment may uncover conditions that, by law, it must report to a regulatory agency and acknowledges that in such circumstances, Warzyn shall have no responsibility to do so. Because drilling activities require penetration of subsoils, the presence of underground utilities must be identified prior to drilling. It is the responsibility of the City of Elgin or its agent to identify and mark utilities before field work is initiated by Warzyn. Also, 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. 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 borehole, unless other arrangements are made. It is the responsibility of the client to dispose drummed • materials. Phase n Proposal June 19,1992 City of Elgin Page 3 ,4 / WARZYN • We trust this proposal is sufficient for your present needs. If you have any questions or comments,please contact me at (708) 691-5045, or Jody Bernstein at (708) 691-5027. - Sincerely, WARZYN INC. 45,3, • S dra L. Sroo Senior Manager- Operations Enclosures: Exhibit"A" Work Order(2) Protocol for Subsurface Soil Sampling ACC/nit/MAL [CM 503 43) 91618392 • • Phase II Proposal June 19,1992 City of Elgin Page 4 1�