92-0311 WARZYN INC, PHASE 2 RESOLUTION
AUTHORIZING• EXECUTION OF AN AGREEMENT WITH
WARZYN ENGINEERING INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of
the City of Elgin with Warzyn Engineering, Inc. for Phase II
Environmental Assessment for the Eby Brown site, a copy of
which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: March 11, 1992
Adopted: March 11, 1992
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Warzyn EtV1 tddYft§ Inc.
PROFESSIONAL SERVICES AGREEMENT AGREEMENT NO.
GENERAL TERMS AND CONDITIONS FOR ENVIRONMENTAL ASSESSMENTS
GeAem1644y 6;,99
1. Services 3. Confidentiality
The specific Services to be performed by WAR- Warzyr. shall retain,as confidential,all informa- r
ZYN KK9946EMNa INC. and its directors,of- lion and data furnished to it by the CLIENT
ficers, shareholders, employees, agents, af- and/or others which is designated as 'Con-
ftiiates, independent professional associates, fidentW.' Such information shall not be dis- �°Mre)
consultants and subcontractors, as the case closed to any third parry except as directed by 4wo; p;te)
may be, (collectively, 'WARZYN') on behalf of CLIENT,or as required by law or regulation.
the CLIENT shall be described and authorized
from time to time by a fully executed Work 4. Maintenance of Professional 8• Limitation of WARZYN's �e
Order, a sample of which is attached to this Liability to CLIENT I(S j�� Hfl} NT
Agreement as Exhibit A. Each serially-num- Standards and Ethics X per
bered Work Order to this Agreement shat be WARZYN must rform the Services in accord- (a)Any and all liability or claim for damages
WARZYN and submitted to the against WARZYN by CLIENT, wiwliter based
prepared by
ante with prevailing professional standards and upon eo>iirrt, tort, hraaak.otywtxoYiy, profes-
CLIE`:T's designated representative for review ethics, as well as applicable laws and regula- sional negligence (including errors, omissions
and written authorization to proceed prior to in- tions. It WARZYN believes that compliance
itiation of Services by Warzyn. All work with the CLIENT's wishes could violate ap- or other professional acts), or age. injury,shall
authorized b Work Orders referencing this be limited to such loss, damage, injury, or
Y ( ) g plicable professional standards or ethics, laws liability as is covered under the policies of in-
Agreement shall be subject to the terms of this or regulations, then WARZYN shall so advise
Agreement unless modified by mutual consent the CLIENT and the CLIENT and WARZYN sura and policy limits identified in
Special Terms of the Work Order. Paragraph(bTin no event shall WARZYN be responsible
rive at a mutually satisfactory solution. Failing for any incidental, indirect, impact, or conse-
2. Compensation for Services a solution, either party may terminate this quential damages (including loss of profits), in-
(a) Services shall be invoiced under this Agreement in accordance with Paragraph 13. curred by CLIENT as a result of WARZYN's
Agreement in accordance with the provisions of performance or nonperformance of any Ser-
vices.individual Work Order(s) and/or the WAR- 5. WARZYN's Warranty
ZYN STANDARD RATE SCHEDULE. WAR- (c)All claims, whether based upon contract.
ZYN reserves the right, upon thirty (30) days WARZYN shall apply present engineering tort, breach of warranty, professional
written notice, to modify the referenced Rate and/or scientific judgment and use a level of ef- negligence(including errors,omissions or other
Schedule; this rate adjustment usually occurs, fort consistent with the standard of professional professional acts), or otherwise, shall be
annually,at the beginning of the calendar year. practice as measured on the date hereof and in deemed waived unless made by CLIENT in
(b)Invoices shall be submitted once a month the locale of the Project in performing Services writing and received by WARZYN within one
or upon completion of Services, at the discre for CLIENT. EXCEPT AS SET FORTH HERE- (1) year after CLIENT reasonably knew or
lion of WARZYN, and payment is due upon IN. WARZYN MAKES NO WARRANTY, EX- should have known of its existence but, in no
A 1% per month service PRESSED OR IMPLIED, IN FACT OR BY event,shall such claim be asserted by CLIENT
receipt of the invoice.
charge shall be added A all accounts which are LAW. WHETHER OF MERCHANTABILITY, later than six (6) years after WARZYN's com-
not paid within thirty (30) days of date of ire FITNESS FOR ANY PARTICULAR PURPOSE pletion of the Services with respect to which the
OR OTHERWISE, CONCERNING ANY OF claim is made.
voice. THE MATERIALS-OR Services WHICH MAY
(c) Client shall be responsible for and pay. BE FURNISHED BY WARZYN TO CLIENT.
WARZYN at WARZYN'S prevailing rate for all 9. CLIENT Inc�emnifiCation of
time spent by its personnel in connection with WARZYN Substitut per
any court, administrative or other lega! 6. Limitatio q the Scope of AMENDMENT
proceedings arising from or relating to Services Services AMEND ENT) per
provided under this Agreement, regardless of AMENDMENT)
whether or not WARZYN is subpoenaed to ap- Any hazardous or toxic substances, hazardous oa-,^•^-0 r•i ICr 11 g e„tot„
pear at such proceedings by CLIENT or any or toxic wastes,pollutants and contaminants,or
third parry(CLIENT shall be entitled to a credit other waste materials (the 'Waste Materials') -&sa=
against such fees for any statutory witness fees encountered by or associated with Services
paid to WARZYN by CLIENT or any third provided by WARZYN on this Project shall at
per,) no time be or become the property of WARS
(d)In addition to the execution of this Profes- ZYN.
sional Services Agreement and related. Work °
Order(s), a project initiation payment, com-
puted as follows, shall be received by WAR-
ZYN for each applicable Work Order and shall
represent authorization by CLIENT for WAR- 10.Information Provided by
ZYN to proceed with its Services. CLIENT to Others
I)MjectBudaet In not
(a)WARZYN shall indicate to CLIENT the in-
Less than S5.000 Project Budget • formation needed for rendering the Services re-
55,000toS20,000 $5.000 quired under this Agreement, as well as, likely
Greater than S20,000 25%ofPropctBudge' 7. Insurance( AA p per sources of this information, with such sources
Such project initiation payment(s) shall be ap- 2f j ) to include but not be limited to CLIENT.WAR-
plied against the final project billing. ZYN shall review existing information provided
(e)All payments shall be remitted to: eeaerales: by others and shall give CLIENT its opinion of
Warzyn 6r4tfe16M Inc. the risk associated with reliance on such infor-
Dept.00757 mation. CLIENT understands that it is impos-
Milwaukee,WI 53259-0757 sible to eliminate all risk because of inherent
Attention: Accounts Receivable limitations on the techniques available to
AMENDMENT
PROFESSIONAL SERVICE AGREEMENT
AGREEMENT NO. 91602792
Substitute the following in place of Paragraph 6. Limitation of the Scope of
Services
Any Hazardous or toxic substances, hazardous or toxic wastes, pollutants and
contaminants, or other waste materials (the "Waste Materials")encountered by or
associated with Services provided by WARZYN on this project shall at no time be
or become the property of WARZYN.
Addition to Paragraph 7. Insurance
Insurance certificates reflecting the policy coverage should be provided to the
City of Elgin. The Certificates should state that the City of Elgin and the Eby-
Brown Company are additional insured.
Substitute the following in place of Paragraph 8. Limitations of WARZYN'S
Liability to CLIENT, Subparagraph (a).
(a) Any and all liability or claim for damages against WARZYN by CLIENT,
based upon tort, professional negligence (including errors, omissions or other
professional acts), or otherwise, shall be limited to such loss; damage, injury, or
liability as is covered under the policies of insurance and policy limits identified
in Paragraph 7.
Substitute the following in place of Paragraph 9. CLIENT Indemnification of
WARZYN.
WARZYN INC. shall defend and indemnify the City of Elgin from and against
legal liability from damages arising out of the performance of the service for the
City of Elgin where such liability is caused by the negligent act, error, or omission
of Warzyn or any person or organization for whom Warzyn is legally liable.
AMENDMENT PROFESSIONAL SERVICE AGREEMENT
AGREEMENT NO. 91602792 - Page 2 Continued
Substitute the following in place of Paragraph 11. Right of Entry.
Client shall provide for.WARZYN'S right to enter from time to time property
owned by Client and/or other(s) in order for WARZYN to fulfill the scope of
Services.
Substitute the following in place of Paragraph 13. Termination, Suspension or
Abandonment.
(a) This Agreement may be terminated by either party upon fourteen (14) days
written notice, should the other party fail substantially to perform in accordance
with the terms of this Agreement through no fault of the terminating party.
(b) If CLIENT fails to make payment when due WARZYN for Services,
WARZYN may, upon seven (7) days written notice to CLIENT, suspend
performance of Services under this Agreement. In the event of suspension of
Services, WARZYN shall have no liability to CLIENT for delay or damage
caused CLIENT because of such suspension of Services.
Deletion of entire Paragraph 14. Recovery of Dispute Resolution Costs.
(cni-801-051
JLBbnpfMS
WARZYN
ATTACHMENTS
WARZYN INC. Certifies That:
t it is not eln, uent in The undersigned firm certifies artment of Revenueiexgcept forttaxpitmist
any tax administered by the p
contesting in accordance with the procedures establishing,by the
appropriate revers
The undersigned firm aeresultsofhatviolation of either r5ect {onm33Ek3ngprn
offer to contract as
33E-4 of Chapter 38 of the Illinois Revised Statutes.
WARZYN IN _
BY: ,
R, anion Lee Pro anager
Date: 3 kO 42
AGREEMENT NO. 91602792
ORDER NO. One
EXHIBIT "A"
WORK ORDER
WARZYN INC. and its directors, officers, shareholders, employees, agents,
affiliates, independent professional associates,consultants and subcontractors, as
the case may be, (collectively, "WARZYN") agree to perform for CLIENT, on this
specific Project, the Services described below. The Services shall be performed
subject to and upon the terms and conditions set forth in the Professional Services
Agreement (the "Agreement") dated MwICA 12.E 1912-by and between WARZYN
and CLIENT, which Agreement is hereby amended to incorporate this Work
Order.
CLIENT: City of Elgin
PROJECT LOCATION(s): Warehouse Property Elgin, Illinois
SERVICES: Phase H Environmental Assessment
PROPOSAL REFERENCE: 91602792 dated March 10, 1992
STANDARD RATE SCHEDULE NO. 1 EFFECTIVE DATE: 1/1/92
SPECIAL TERMS AND CONDITIONS: Lump Sum
COST ESTIMATE: $14,500 Lump sum
AUTHORIZATION
This Work Order and the scope of services (the "Services") defined herein are
approved and WARZYN is hereby directed and authorized to proceed with the
Services for the designated Project in accordance with the terms and conditions of
the above-referenced Agreement.
Requested By: �_` Accepted By:
CLIENT WARZYN INC.
By: By:
R. D m n Lee - Projec nager
Date: Ll:� Date: O
WARZYN-
March 10, 1992
Mr. Raymond Moller
City of Elgin
150 Dexter Avenue
Elgin,Illinois 60120
Re: Proposal for Phase II Environmental Assessment
Warehouse Property
Elgin, Illinois
Proposal No. 91602792
Dear Mr. Moller:
Warzyn Inc. (Warzyn) welcomes the opportunity to submit this proposal to the
City of Elgin for the performance of a Phase II Environmental Assessment of the
warehouse property bounded by North Street, Spring Street, Douglas Avenue and
Dexter Avenue in Elgin, Illinois. This proposal is provided in response to our
January 28, 1992 conversation. To assist you in review of our company and
proposal, I have included a brief summary of Warzyn's qualifications and our
approach to environmental assessments. A description of proposed project tasks,
a schedule of project performance, and an estimated budget are also provided.
INTRODUCTION
Warzyn provides a multi-disciplinary staff of more than 275 employees with
varied technical expertise and many years of experience. This staff provides the
capabilities required to respond effectively and in a timely manner to a wide range
of environmental issues. Warzyn has conducted a variety of environmental
assessments related to real estate and property transactions through out the United
States from our eight office locations. These assessments have ranged from a
historical records review and site walkthrough of a property, to comprehensive
field investigations including a diversity of sample collection and associated
laboratory analyses. The goal of these assessments has been to provide technical
service, while at the same time addressing client expectations, concerns, and time
constraints.
11 iF:}'h a1 FCZ 1I_AL�NCF
IiF."I�1}[f';ti'1 ECH\OLOGY
VM)CREU 1%11Y.
CHICAGO
(.OKPOKUE 1)RIVF'
M)DIS'M,IL(,0101
(08)091-5000
I"X(-OI;l(,91 51ii
WARZYN
SITE DESCRIPTION
The investigation property consists of approximately two acres and currently
includes two vacant warehouses with office space, a temporary storage area for
Elgin School District U-46, an asphalt paved parking lot, and an inactive filling
station (currently owned by Eby-Brown Company). The site is situated in an area
of residential and commercial development. The property is bounded by North
Street, Spring Street, Douglas Avenue and Dexter Avenue within Section 13,
Township 41 North. Range 8 East.
On the basis of information provided by the City of Elgin, a site visit, and data
review, Warzyn completed a Phase I Environmental Assessment of potential
environmental concerns and contamination sources at the site. Potential
contamination sources identified during the Phase I Assessment include:
• PREVIOUS DRY CLEANING OPERATIONS - Potential
contamination of soils due to dry cleaning solvents (i.e.,
tetrachloroethene) potentially used at the past operation.
• UNDERGROUND STORAGE TANK (UST) AREAS - Potential
contamination of soils by benzene, ethylbenzene, xylene, and toluene
(BEXT) and polynuclear aromatics (PNA's) due to spills associated
with historical USTs.
• SITE BUILDINGS - Potential contamination of interior areas by
polychlorinated biphenyls (PCBs), associated with historical use of
hydraulic oils.
SCOPE OF WORK
Asbestos has been excluded from the scope of this Phase II proposal as materials
containing asbestos were identified and analyzed during the Phase I
Environmental Assessment.
Based on existing information pertaining to the assessment property, the
following Phase 11 activities are proposed.
Task 1: Soil Sampling Program
Soil samples will be collected at three areas of potential contamination associated
with past activities. Soil sampling areas include; the area of past dry cleaning
operation, area of former underground storage tanks (USTs) associated with the
Mr.kavmond Moller March 1992 City of Elgin
Page
WARZYN
inactive filling station, and area of a former filling station (western portion of
existing warehouse).
PAST DRY CLEANING OPERATION (southwest portion of property)
• Up to two soil borings will be drilled to a maximum individual depth of
25 ft using a drilling rig . Soil borings will be located on the parking lot
in the southwest corner of the property, approximately ten feet from the
adjacent building. Soil samples will be collected in accordance with
standard Warzyn soil sampling protocol (attached). A maximum of two
samples will be analyzed for volatile organic compounds (VOCs).
UNDERGROUND STORAGE TANK AREAS
152 NORTH SPRING STREET (inactive filling station)
• A maximum of three borings will be drilled to a total depth of 25 ft each
using a drilling rig. Soil boring will be drilled at locations of past USTs
associated with the inactive filling station, as per the City of Elgin
Inspectional Services documentation. A maximum of three samples will
be analyzed for BEXT and PNA's.
177 DOUGLAS AVENUE (warehouse-former filling station)
• A maximum of two borings will be drilled to a total depth of 25 ft each
using a skid rig. Soil borings will be drilled inside of the western
portion of the warehouse building (area of a former filling station). The
floor of the building will be cored in order to get the samples. A
maximum of two samples will be analyzed for BEXT and PNA's.
If contamination is detected during performance of the soil borings, additional
borings may be required to define the extent of contamination. The need for such
additional work will be discussed with the City of Elgin, and additional borings
will only be performed upon the City of Elgin's authorization. Additional drilling
and sampling is not included within this work scope.
This sampling scope of work is based upon existing site information. If
unexpected conditions are encountered during the field investigation program,
some modifications may be made to the sampling program or analyses. If a
notable increase in the project budget would result from these modifications, this
will be discussed with you prior to initiation. The drilling program assumes that
encountered soils will not be unusual in characteristic, such as containing larg-_
pieces of concrete, numerous rocks or metal objects.
Mr.Raymond Moller March 1992 City of Elgin
age
WARZYN
All samples will be screened with a photoionization detector (PID) and visually
observed for preliminary detection of contamination. The sampling will be
conducted using 2.5 feet sampling intervals to 10 feet, and 5 foot intervals from
10 feet to the terminus of the boring.
Task 2: PCB Sampling
Surface wipe samples will be collected from those areas of potential
contamination by PCBs. A discussion regarding the occurrence and common
usage of PCBs is provided in the attached sampling protocol, which also identifies
the sampling procedure to be used.
WAREHOUSE PROPERTY (former mid-america printing facility) and at 152
NORTH SPRING STREET(inactive filling station)
• Performance of PCB wipe samples on the floor in the area of past Mid-
America printing operations and the floor and wall of the western
portion of the inactive filling station. Sample locations will be
determined upon observation of staining and residue on the floor. For
budgeting purposes it is assumed a total of four surface wipe samples
(two from each of the above identified areas) will be analyzed for PCBs.
Task 3: Data Assessment
Upon receipt of analytical results, the data will be reviewed in association with
previous site information, and an evaluation made of identified contaminant
sources. This will document the type, location, and concentrations of
contaminants, and provide an interpretation of this information with regard to
overall site issues and conditions.
Task 4: Project Report
A project report will be provided to the City of Elgin, documenting the
performance of the sampling program and providing field and analytical results.
Analytical results will be summarized in tables and discussed with regard to
potential environmental concerns. Soil boring logs for locations investigated will
describe subsurface conditions at the property. The conclusions of the Data
Assessment effort (Task 3) will be included, and recommendations provided, if
requested.
SCHEDULE AND COST ESTIMATE
Warzyn proposes to conduct this Phase II Assessment on a time and materials
basis in accordance with the enclosed Warzyn Inc. Work Order. If additional
services are requested by the City of Elgin these will be invoiced on a time and
Mr.Raymond MoDer March 2992 Citv of Elgin
:aee
WARZYN
materials basis according to the attached rate schedule. The estimated cost of
performing this Phase II Assessment is $14,500. A breakdown of project costs is
provided in Table 1. Field labor costs are consolidated under Task 1.
Authorization to proceed can be accomplished by signing and returning one copy
of the enclosed Work Order. The cost estimate for this project is based upon a
standard lab turnaround time (3 to 5 weeks). If a quick turnaround of 1 to 2 weeks
is requested, analytical costs may be 2 to 3 times normal costs.
It is understood that Warzyn will be responsible for contacting Joint Utility
Locating Information for Excavators (JULIE) for the identification of main
utilities that feed into the site.
Warzyn will schedule the site soil sampling upon receipt of the signed Work
Order. Samples collected will be sent by strict chain-of-custody procedures to
Warzyn's Analytical Laboratory for quantitative analysis. After lab results are
received, Warzyn will contact the City of Elgin and discuss the results of the
investigation. Upon analysis, if materials are determined to be clean, they can be
disposed on site.
Unless otherwise directed, Warzyn will then prepare the final project report, and
provide three (3) copies to the City of Elgin.
CLIENT RESPONSIBILITIES
Right-of-access to the site will be provided by the City of Elgin. A representative
of the owner or current tenant should be available onsite at the time of the site
visit, unless other arrangements have been made. Information collected during
the assessment will be maintained as confidential unless Warzyn is required to
disclose such information by law. Should such circumstances exist, Warzyn will
notify the City of Elgin before any such disclosure is made.
Movement of the drill and skid rigs across the site may disrupt surface soils and
grass cover, particularly during wet conditions. Although steps will be taken to
minimize such an occurrence, Warzyn and its subcontractor are not responsible
for repair of damaged areas. Drilling operations may result in the collection of
contaminated subsurface materials at the surface. The materials will be contained
in 55 gallon drums and left at the site, unless other arrangements are made.
Mr.Raymond Moller March 1992 Cit•of Elgin
Page 5
WARZYN
We trust this proposal is sufficient for your present needs. If you have any
questions or comments, please contact me at (708) 691-5027, or Damon Lee at
(708) 691-5043.
Sincerely,
WARZYN INC.
J L. Bernstein
Environmental Scientist
Enclosures:
Exhibit "A" Work Order (2)
Protocol for Subsurface Soil Sampling
Protocol for PCB Sampling
JLBAlr/jr/GEP
[CHI-502-62)
91602792
Mr.Raymond Moller March 1992 City of Elgin
Page
WARZYN
TABLE 1
Estimated Project Costs
Warehouse Property
City of Elgin
Task 1: Soil Investigation
Warzyn Personnel
• Travel and Expenses............................................................................$200
• Health & Safety Plan............................................................................$250
• Site Health& Safety............................................................................$105
• Site Geologist Preparation and field work........................................$2 145
Subtotal $2,700
Drilling Subcontractor
• Mobilization/Demobilization...............................................................$450
• Winterization........................................................................................$100
• Decontamination..................................................................................$325
• Drilling -To depth of 25 feet............................................................$2,880
• Grouting of boreholes..........................................................................$740
• Drums...................................................................................................$650
• Cores and Coring Machine..................................................................$320
Subtotal $5,465
Lab Analysis
• 5 BEXT @ $130/sample................................................................... .$650
• 5 PNAs @ $220/sampl e....................................................................$1,100
• VOCs @ $180/sample..........................................................................$360
• Sample shipment and Management Fee...............................................$170
Subtotal $2,280
Task 2: PCB Sampling
Lab Analysis
• 4 PCBs wipes @ $125/sample.............................................................$500
• Sample shipment& Management Fee...................................................$40
Subtotal $590
Task 3: Data Assessment
• Review Data and Assess Site Conditions............................................$675
Subtotal $675
Task 4: Project Report
• Project Management............................................................................$270
• Report Preparation........................................................................... ..2,520
Subtotal $2,790
TOTAL................................................................................................$14,500
(CHI-502-621
91602792/rable
JLBNr/jr/