===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: ‘ AGENDA ITEM NUMBER: _§ 6. Resolution No. 19-R-0031 — Contract with APTIM for Siting Application Review Services FILE NUMBER: COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 6/3/2019 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: If Lakeshore Recycling Services (LRS) submits a draft application for a pre-filing review for a municipal waste transfer station at 1655 Powis Road, City staff will need technical assistance. LRS has hired consultants for the siting application, and they have met with the DuPage Airport Authority. After contacting a number of local government officials to ascertain what companies do this type of work, interviewed Devin Moose and Martin Fallon of APTIM and Walter Willis. Both APTIM and Water Willis came highly recommended, and both have worked on both sides of the issue (local government and the applicant), which in staff experience leads to a better end product. A proposal and their resumes are attached for your review. In a previous City Administrator's monthly report, | expressed that the cost of the pre-file review would likely be within my spending authority, but | was in error. The costs of this pre-file review (not to exceed $35,000) are to be reimbursed by Lakeshore Recycling Systems, per the terms of the Host Agreement. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 19-R-0031. COMMITTEE RECOMMENDATION: This item did not go to Committee because it will be the City Council that stands in judgement in the end, should an application be filed. ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 19-R-0031 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH APTIM FOR SITING APPLICATION REVIEW SERVICES — WASTE TRANSFER STATION BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute an Agreement with APTIM for siting application review services associated with a proposed waste transfer station, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 3 day of June, 2019. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] APTIM i 1607 East Main Street A St Charles, Illinois 60174 Tel: +1 630 762 1400 APTIM en apt com May 21, 2019 Mr. Michael Guttman Administrator City of West Chicago 475 Main Street West Chicago, IL 60185 Subject: Proposal to Provide Municipal Waste Transfer Station Siting Application Review Services to the City of West Chicago Dear Mr. Guttman: Aptim Environmental & Infrastructure, LLC (Aptim) is pleased to provide the City of West Chicago with this proposal to conduct professional engineering and review services with regard to an anticipated application requesting local siting approval for the development of a transfer station in West Chicago. Based upon our extensive experience participating in local siting proceedings the following discusses the proposed scope of services and budget. Scope of Services Aptim will conduct a “pre-file” review of the draft application. The pre-file review is intended to provide a qualitative review of the draft application to establish general consistency with the City of West Chicago Pollution Control Facility Siting Ordinance, identify gross inconsistencies, and to determine if proposed facility design and operations generally conforms to Best Management Practices for modern transfer station facilities. It is envisioned that the pre-file review will begin with a site visit and will culminate with the provision of one (1) marked up copy of the draft application. We will also attend meetings with the City and applicant as necessary in order to discuss the application contents and findings of the pre-file review. Limitations As you are aware, the process of siting a transfer station is a complex and dynamic process, requiring the expertise of many technical disciplines. As such, the actual cost to conduct these services depends on several variables. Some of these variables include the type and quantity of information provided within the application, the level of organization, and consistency of the application. Without knowing the extent or quality of the application it is difficult to provide an accurate estimate of the level of effort that will be required. Should the application be incomplete or of poor technical quality, a larger level of effort may be necessary than what was assumed in preparation of this proposal. Furthermore, the pre-file review is meant to be a qualitative third party review and is not indented to be an exhaustive validation of material submitted in the draft application. As such, the following will not be tendered as a part of the scope of services: ° Conduct independent field or research studies to verify or validate findings or conclusions tendered by the Applicant. ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] A APTIM ° Propose remedies to inconsistencies or deficiencies identified within the draft application. Finally, this proposal does not include providing the City with technical assistance through the local siting hearings. As a separate scope of service, and after filing of an application, Aptim could assist the City in reviewing the application to determine whether a technical basis has been established demonstrating the statutory criteria have been met. This may include conducting additional research and analysis as necessary and within reason in order to verify the information provided by the applicant, and we will assist the City’s legal counsel in preparing questions for the applicant during the public hearings. Budget Aptim recommends a budget of $35,000 for the above scope of service. This budget includes the anticipated budget for Walter Willis for his review of the Plan Consistency component of the application and for his attendance at the above referenced meeting. While part of the project team, it is proposed that Mr. Willis will submit invoices directly to the City. In addition to the involvement of Mr. Willis, Aptim may make a recommendation for a traffic consultant to assist in the review process if deemed necessary upon initial evaluation. This effort has not been included in this proposal and it is assumed that any necessary traffic consultant would also contract directly with the City under an additional scope of service. All services will be provided on a time and material basis, and we will only bill for time actually spent on the project. Any additional services requested by the City will also be conducted on a time and material basis in accordance with our attached 2019 Fee Schedule (refer to Attachment 1). Attachment 2 contains a Professional Services Agreement. Résumés of key team members, including that of Mr. Willis are provided in Attachment 3. We look forward to having an opportunity to work with the City of West Chicago on this project. If the terms and conditions are acceptable, please sign and return of the Professional Service Agreement in Attachment 2 to and return it to my attention. Meanwhile, if you have any questions, feel free to contact me at (630) 762-1400. Sincerely, Aptim Environmental & Infrastructure, LLC Devin A. Moose, P.E., DEE Director ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] Oo © @ © © ATTACHMENT 1 2019 Fee Schedule ow JD APTIM a ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] A. APTIM APTIM Environmental & Infrastructure, LLC 2019 Fee Schedule Title Principal Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Project Manager IV Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Project Manager III Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Project Manager II Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Project Manager | Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Professional Level III Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Professional Level II Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Professional Level | Engineer / Geologist / Environmental Scientist Planner Designer Project Administrator Technician Level IV Level Ill Level II Level | Administrative Assistant Depositions and expert witness testimony, including preparation time, will be charged at 1.5 times the above rates. edules\ Page 1 of 2 Rate $215.00 $180.00 $160.00 $140.00 $125.00 $105.00 $95.00 $80.00 $70.00 $60.00 $50.00 $40.00 $56.00 ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] A. APTIM APTIM Environmental & Infrastructure, Inc. 2018 Fee Schedule Title Vehicle (day) plus gas Vehicle Expense (Cost +15%) Disposable Bailers (2") Disposable Bailers (1") Misc. Sampling Supplies (day) Groundwater Sampling Tubing (foot) Caution Tape (roll) Encore Sampler (each) QED 0.45 Micron Disposal Filters (each) Steel Well Lock (each) 2" Grippers (each) Disposable Camera (each) Laptop Computer (day) LCD Projector (day) Projection Screen (day) Digital Camera (day) Camcorder (day) Tripod (day) Soil Probe (day) Interface Probe (day) Water Level Indicator (day) Infrared Thermometer (day) PID (day) Slug Test Equipment (day) Nasal Ranger Scentometer (day) Air Compressor Controller Sampling System (day) Cond./Temp/pH Meter (day) Multi-Parameter Water Quality Meter (day) GEM-500 (day) Drager Bellows Pump (day) Water Purge Pump (day) Lo-Flow Sampling Pump (Peristaltic Type) (day) 4-Gas Meter (day) Tyvek Suit (Jump suit, gloves, boots) (day) Hand Auger (day) Sludge Judge (day) Laser Level (day) Field Boat (day) Reimbursables, (Cost +15%) Communication/Shipping/Routine Copying Fee Schedule Rates are subject to change without notice. Monthly invoices are to be paid according to the contract. Interest will be charged on late payments. edules\ Page 2 of 2 Rate $75.00 Cost 15% $8.00 $7.00 $45.00 $0.35 $18.00 $8.00 $18.00 $8.00 $25.00 $10.00 $75.00 $100.00 $25.00 $20.00 $15.00 $15.00 $25.00 $45.00 $45.00 $10.00 $90.00 $125.00 $75.00 $160.00 $35.00 $80.00 $125.00 $10.00 $30.00 $95.00 $20.00 $35.00 $25.00 $35.00 $45.00 $50.00 Cost 15% + 3% of total gross labor ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] 10口口口 ATTACHMENT2 Professional Services Agreement APTIM ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] © 2013 Aptim Environmental & Infrastructure, LLC APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC PROFESSIONAL SERVICES AGREEMENT TIME AND MATERIALS BASIS 1. SERVICES: Aptim Environmental & Infrastructure, LLC ("APTIM") a_ Louisiana corporation, agrees to perform for the undersigned CLIENT professional environmental, health and safety, consulting and/or analytical services (“Services”) described in attached Proposal No. __ dated May 21, 2019 and/or as follows: for $35,000, all in accord with the following terms and conditions. 2. FEES, INVOICES AND PAYMENTS: The Services will be performed on a time and materials basis, with compensation due for all goods and Services provided by APTIM, computed in accord with currently-in-effect APTIM rates for Time & Material work. APTIM's particular applicable T & M Rate Sheet for the Services will be attached hereto. Invoices will be submitted by APTIM no more frequently than every two weeks, with payment due upon CLIENT’S receipt of invoice. Payment shall be in U.S. Dollars. CLIENT shall be responsible for payment (without deduction or offset from the total invoice amount) of any and all sales, use, value added, gross receipts, franchise and like taxes, and tariffs and duties, and all disposal fees and taxes, levied against APTIM or its employees by any government or taxing authority. A service charge equal to one and one-half percent (1 % %) per month, or the maximum rate permitted by law, whichever is less, will be added to all accounts which remain unpaid for more than thirty (30) calendar days beyond the date of the invoice. Should there be any dispute as payments to be made on a percent complete basis to any portion of an invoice, the undisputed portion shall be promptly paid. In the event APTIM is requested or authorized by CLIENT, or is required by government regulation, subpoena, or other legal process to produce documents or personnel as witnesses with respect to the Services performed under this Agreement, CLIENT agrees, so long as APTIM is not a party to the proceeding in which the information is sought, to reimburse APTIM for its professional time and expenses, as well as the fees and expenses of counsel, incurred in responding to such requests. 3. CLIENT'S COOPERATION: To assist APTIM in performing the Services, CLIENT shall (i) provide APTIM with relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with APTIM when requested, (iii) permit APTIM reasonable access to relevant CLIENT sites, (iv) ensure reasonable cooperation of CLIENT's employees in APTIM’s activities, and (v) notify and report to all regulatory agencies as required by such agencies. Page | of 4 4. CONFIDENTIALITY: In the course of performing Services, to the extent that CLIENT discloses to APTIM, business or technical information that CLIENT clearly marks in writing as confidential or proprietary, APTIM will exercise reasonable efforts to avoid the disclosure of such information to others. Nonetheless, CLIENT shall treat as confidential all information and data furnished to it by APTIM in connection with this Agreement including, but not limited to, APTIM's technology, formulae, procedures, processes, methods, trade secrets, ideas, inventions, and/or computer programs; and CLIENT shall not disclose such information to any third party. Nothing herein is meant to prevent nor shall be interpreted as preventing cither party from disclosing and/or using any information or data (i) when the information or data are actually known to the receiving party before being obtained or derived from the transmitting party, (ii) when information or data are generally available to the public without the receiving party's fault at any time before or after it is acquired from the transmitting party; (iii) where the information or data are obtained or acquired in good faith at any time by the receiving party from a third party who has the same in good faith and who is not under any obligation to the transmitting party in respect thereto; (iv) where a written release is obtained by the receiving party from the transmitting party; (v) three (3) years from the date of receipt of such information; or (vi) when required by process of law: provided, however, upon service of such process, the recipient thereof shall use reasonable efforts to notify the other party and afford it an opportunity to resist such process. CLIENT shall obtain APTIM’s prior consent and cooperation with the formulation and release of any public disclosure in connection with this Agreement or work performed hereunder, before issuing a news release, public announcement, advertisement, or other form of publicity. 5. RIGHT TO USE INFORMATION AND DOCUMENTS: CLIENT may use any final reports of findings, feasibility studies, industrial hygiene and safety, engineering work or other work performed or prepared by APTIM under this Agreement for its internal purposes in connection with the project and/or location indicated in the Services for which such work was prepared, but APTIM reserves all other rights with respect to such documents and all other documents produced in performing the Services. CLIENT shall obtain prior written consent from APTIM for any other use, distribution, or publication of such reports or work results. Unless otherwise expressly agreed to in writing, nothing in this Agreement shall be interpreted to prevent APTIM from application and use of any information artim WV cuIENT ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] learned by it from the services (subject to the provisions of Section 4). All reports will be delivered subject to APTIM's then current limitations and disclaimers. 6. PATENTS AND CONFIDENTIAL INFORMATION: APTIM shall retain all right and title to all patentable and unpatentable inventions including confidential know-how developed by APTIM hereunder. However, APTIM hereby grants to CLIENT a royalty-free, nonexclusive, nonassignable license as to such inventions and know-how to use the same in any of CLIENT's facilities. Information submitted to CLIENT by APTIM hereunder is not intended nor shall such submission constitute inducement and/or contribution to infringe any patent(s) owned by a third party, and APTIM specifically disclaims any liability therefor. 7. DELAYS AND CHANGES IN CONDITIONS: If APTIM is delayed or otherwise in any way hindered or impacted at any time in performing the Services by (i) an act, failure to act or neglect of CLIENT or CLIENT's employees or any third parties: (ii) changes in the scope of the work; (iii) unforeseen, differing or changed circumstances or conditions including differing site conditions, acts of force majeure (such as fires, floods, riots, and strikes); (iv) changes in government acts or regulations; (v) delay authorized by CLIENT and agreed to by APTIM; or (vi) any other cause beyond the reasonable control of APTIM, then 1) the time for completion of the Services shall be extended based upon the impact of the delay, and 2) APTIM shall receive an equitable compensation adjustment. 8. INSURANCE: APTIM is presently protected by Worker's Compensation Insurance as required by applicable law and by General Liability and Automobile Liability Insurance (in the amount of $1,000,000 combined single limit) for bodily injury and property damage. Insurance certificates will be furnished to Client on request. If the CLIENT requires further insurance coverage, APTIM will endeavor to obtain said coverage, and CLIENT shall pay any extra costs therefor. 9. RISK ALLOCATION - CLIENT hereby agrees that: (1) there are risks inherent to the Services, many of which cannot be ascertained or anticipated prior to or during the course of the Services; (2) due to the inherently limited nature and amount of the data resulting from environmental investigation methods, complete analysis of conditions is not always possible, and, therefore, conditions frequently vary from those anticipated earlier; and (3) technology, methods, accepted professional standards as well as law and policy, are undefined and/or constantly changing and evolving. In light of all of the foregoing and considering APTIM's lack of responsibility for creating the conditions requiring the Services, as a material inducement to and consideration for APTIM's agreement to perform the Services on the terms and at the price herein provided for, CLIENT SPECIFICALLY AGREES THAT APTIM'S LIABILITY SHALL BE Page 2 of 4 STRICTLY LIMITED AS PROVIDED IN SECTIONS 10 THROUGH 12 OF THIS AGREEMENT. 10. WARRANTY: APTIM is an_ independent contractor and APTIM's Services will be performed, findings obtained, and recommendations prepared in accordance with generally and currently accepted professional practices and standards governing recognized firms in the area engaged in similar work. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED. 11. INDEMNITIES: APTIM shall defend, indemnify and hold harmless CLIENT from and against loss or damage to tangible property, or injury to persons, to the extent arising from the negligent acts or omissions or willful misconduct of APTIM, its subcontractors, and their respective employees and agents acting in the course and scope of their employment; provided, however, APTIM shall indemnify CLIENT from and against any loss or damage in the handling or management of any hazardous or radioactive material, or any pollution, contamination, or release of hazardous or radioactive materials, only to the extent resulting from APTIM's gross negligence or willful misconduct. CLIENT shall defend, indemnify and save harmless APTIM (including its parent, subsidiary, and affiliated companies and their officers, directors, employees, and agents) from and against, and any indemnity by APTIM shall not apply to, loss, damage, injury or liability arising from the (i) acts or omissions of CLIENT, its contractors, and their respective subcontractors, employees and agents, or of third parties; (ii) any allegations that APTIM is the owner, operator, manager, or person in charge of all or any portion of a site addressed by the services, or arranged for the treatment, transportation, or disposal of, or owned or possessed, or chose the treatment, transportation or disposal site for, any material with respect to which Services are provided, and (iii) any pollution, contamination or release of hazardous or radioactive materials, including all adverse health effects thereof, except for any portion thereof which results from APTIM's gross negligence or willful misconduct. 12. LIMITATIONS OF LIABILITY: a. GENERAL LIMITATION - CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED BREACH OF WARRANTY BY APTIM SHALL BE TO REQUIRE APTIM TO RE-PERFORM ANY DEFECTIVE SERVICES. APTIM'S LIABILITY AND CLIENT'S REMEDIES FOR ALL CAUSES OF ACTION ARISING HEREUNDER WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED IN THE CUMULATIVE AGGREGATE (INCLUDING ANY INSURANCE PROCEEDS) WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHATEVER MINIMUM AMOUNT MAY BE REQUIRED BY LAW OR, IF NONE, THE aptim WA CLIENT ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] LESSER OF THE AMOUNT OF COMPENSATION FOR SUCH SERVICES, OR $100,000 (WHICH AMOUNT INCLUDES ANY FEES AND COSTS INCURRED IN RE-PERFORMING SERVICES). THE REMEDIES IN THIS AGREEMENT ARE CLIENT'S SOLE AND EXCLUSIVE REMEDIES. ALL CLAIMS, INCLUDING THOSE FOR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER SHALL BE DEEMED WAIVED UNLESS SUIT THEREON IS FILED WITHIN ONE (1) YEAR AFTER THE EARLIER OF (1) APTIM'S SUBSTANTIAL COMPLETION OF THE SERVICES OR (2) THE DATE OF APTIM'S FINAL INVOICE. FURTHER, APTIM SHALL HAVE NO LIABILITY FOR ANY ACTION INCLUDING DISCLOSURE OF INFORMATION WHERE IT BELIEVES IN GOOD FAITH THAT SUCH ACTION IS REQUIRED BY PROFESSIONAL STANDARDS OF CONDUCT FOR THE PRESERVATION OF PUBLIC HEALTH, SAFETY OR WELFARE, OR BY LAW. b. CONSEQUENTIAL DAMAGES: FURTHER AND REGARDLESS OF ANY OTHER PROVISION HEREIN, APTIM SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DECLINE IN PROPERTY VALUE, REGULATORY AGENCY FINES, LOST PRODUCTION OR LOSS OF USE) INCURRED BY CLIENT OR FOR WHICH CLIENT MAY BE LIABLE TO ANY THIRD PARTY OCCASIONED BY THE SERVICES OR BY APPLICATION OR USE OF REPORTS OR OTHER WORK PERFORMED HEREUNDER. ce. ALL CLAIMS AGAINST APTIM, ITS INSURERS, EMPLOYEES, AGENTS, DIRECTORS OR OFFICERS AND ALL OTHER PERSONS FOR WHOM APTIM IS LEGALLY LIABLE, SHALL BE DEEMED WAIVED UNLESS AND TO THE EXTENT CLIENT SHALL BRING SUIT THEREFOR AGAINST APTIM WITHIN ONE (1) YEAR AFTER APTIM’S SUBSTANTIAL COMPLETION OF THE PARTICULAR SERVICES WITH RESPECT TO WHICH THE CLAIM IS MADE 13. GOVERNING LAWS: This Agreement shall be governed and construed in accordance with the laws of the State in which the site to which the Services are performed is located. 14. TERMINATION: Either party may terminate this Agreement with or without cause upon twenty (20) days’ written notice to the other party. Upon such termination, CLIENT shall pay APTIM for all Services performed hereunder up to the date of such termination. In addition, if CLIENT terminates, CLIENT shall pay APTIM all reasonable costs and expenses incurred by APTIM in effecting the termination, including, but not Page 3 of 4 limited to non-cancelable commitments and demobilization costs. 15. ASSIGNMENT: Neither APTIM nor CLIENT shall assign any right or delegate any duty under this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Services may be performed by any subsidiary, parent or affiliate of APTIM or other person designated by APTIM, and, APTIM may, upon notice to CLIENT, assign, pledge or otherwise hypothecate the cash proceeds and accounts receivable resulting from the performance of any Services or sale of any goods pursuant to this Agreement. 16. MISCELLANEOUS: a. ENTIRE AGREEMENT, PRECEDENCE, ACCEPTANCE MODIFICATIONS: The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the provisions of the Services by APTIM to the CLIENT. All previous proposals, offers, and other communications relative to the provisions of these Services by APTIM, oral or written, are hereby superseded, except to the extent that they have been expressly incorporated by reference herein. In the event of conflict, the four pages of this Agreement shall govern. CLIENT may accept these terms and conditions by execution of this Agreement or by authorizing APTIM to begin work. Any modifications or revision of any provisions hereof or any additional provisions contained in any purchase order, acknowledgement or other document issued by the CLIENT is hereby expressly objected to by APTIM and shall not operate to modify the Agreement. b. DISPUTES, ATTORNEY FEES - Any dispute regarding this Agreement or the Services shall be resolved first by exchange of documents by senior management of the parties, who may be assisted by counsel. Any thereafter unresolved disputes shall be litigated in the state whose law governs under Section 13 hereunder. In any litigation, the Prevailing Party shall be entitled to receive, as part of any award or judgment, eighty percent (80%) of its reasonable attorneys’ fees and costs incurred in handling the dispute. For these purposes, the “Prevailing Party” shall be the party who obtains a litigation result more favorable to it than its last formal written offer (made at least twenty calendar days prior to the formal trial) to settle such litigation. ¢c. WAIVER OF TERMS AND CONDITIONS - The failure of APTIM or CLIENT in any one or more instances to enforce one or more of the terms or conditions of this Agreement or to exercise any right or privilege in the Agreement or the waiver by APTIM or CLIENT of any breach of the terms or conditions of this Agreement shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the artim WA CLIENT ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] same shall continue and remain in force and effect as if no such failure to enforce had occurred. d. NOTICES — Any notices required hereunder may be sent by orally confirmed US Mail, courier service (e.g. FedEx), orally confirmed telecopy (fax) or orally confirmed email (further confirmed by US Mail) to the addresses set forth below. e. SEVERABILITY AND SURVIVAL - Each provision of this Agreement is severable from the others. Should any provision of this Agreement be found invalid or unenforceable, such provision shall be ineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of this Agreement. Further, to the extent permitted by law, any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary to render it valid and enforceable consistent with the parties' intent. For example, if the gross negligence standard in Section 11 is unenforceable under an applicable “anti- indemnity” statute, but a sole negligence standard is enforceable, the sole negligence standard shall be automatically substituted therefor. The terms and conditions set forth herein shall survive the termination of this Agreement. CLIENT and APTIM agree to the foregoing (INCLUDING THE LIMITATIONS ON LIABILITY IN SECTIONS 9- 12) and have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. Executed on , 20. CLIENT Client Name: By (Sign): Print Name: Title: Address: Phone: Fax: INFRASTRUCTURE, LLC Print Name: D evin Moose Dive pha Title: Address:__ OTE. Main OQ. te Charles EL Phone: (40) U6?- 1YOo a rx:___((@30) WG 9~ 149 Bail: Aw, enon ae @ opti. com Page 4 of 4 arm (QA CLIENT. ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] ATTACHMENT 3 Project Team Résumés JD APTIM Oo © @ © © a ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] Ge ee Devin A. Moose, P.E., D.E.E. Director Education * B.S., Civil Engineering, University of Missouri- Rolla Highlights ¢ Total years of related experience: 33 * Directed solid waste management and recycling facility design, permitting and due diligence for over 45 sites + Supervised the development, completion and initial implementation of solid waste management plans for over 60 units of government, representing more than 9 million people. « Participated in over 20 Brownfield redevelopment projects Registrations « Registered Professional Engineer in 9 States and Mexico + Diplomat of the American Academy of Environmental Engineers Professional Affiliations ¢ American Academy of Environmental Engineers « American Society of Civil Engineers + Solid Waste Assoc. of North America * National Society of Professional Engineers + Illinois Society of Professional Engineers « Association of Engineering Geologists + National Groundwater Association ¢ Illinois Recycling Association Professional Qualifications Mr. Moose is a Diplomat of the American Academy of Environmental Engineers and the National Director of Solid Waste Operations for Aptim. Mr. Moose routinely designs and permits solid waste management facilities, including landfills, APTIM transfer stations, recycling centers, and composting facilities. His experience includes building and process system design, containment system engineering, environmental monitoring system development, and geotechnical analyses. Mr. Moose also assists clients with development and implementation of regional solid waste management plans; procurement of solid waste services and RFP responses; contract negotiation expertise for host community agreements and solid waste facility development and operating contracts; economic impact studies, engineers’ cost estimates; facility business plans; public presentations for solid waste plans and solid waste facilities; and provision of expert witness testimony. In addition to his solid waste work, Mr. Moose oversees environmental remediation and Brownfield redevelopment projects. Select Project Experience Development of Local, State and Federal Permit Applications Supervised development of comprehensive local, state and federal permit applications for construction of landfills, balefills, and compost facilities. Siting and permitting activities include facility design and analyses, preparation of Operating and closure plans, and interaction with permitting agencies, elected officials and members of the public. Supervised development of engineering due diligence reports for landfill acquisitions. Provided expert witness testimony and assists units of local government reviewing facilities for compliance with applicable regulations, supervised remedial action plans for numerous landfill facilities. Site Location Studies Managed the development of site locations studies for regional solid waste facilities and recycling centers. Studies included transportation analyses, development of siting criteria, public consensus building and site identification. ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC Expert Testimony Expert testimony on solid waste related facilities and studies. Expert witness testimony experience at over 50 proceedings. Development of public education programs, including information booklets, videos, power point presentations, graphics, public presentations, and field trips. Solid Waste Management Plans Mr. Moose has supervised the development, completion and initial implementation of solid waste management plans for over 60 units of government, representing more than 9 million people. The needs assessment components of the plans included determining existing and future waste generation and recycling rates, and conducting curbside weighing programs and waste composition studies. The solid waste management plans included extensive evaluation and design of waste minimization and recycling programs. Final reports included evaluation of alternate disposal technologies and recommendation of a final integrated system for future solid waste management. The plans have received awards from the American Planning Association and the Consulting Engineers Council. Economic Performance Studies Mr. Moose has directed development of economic performance studies for solid waste facilities including landfills, recycling centers, transfer stations, collection vehicles, construction demolition debris recycling facilities, and recycling drop-off facilities. | Analyses included waste stream analyses, market area assessments, system construction cost estimates, operating cost estimates, and calculation of financing costs. System studies included review of existing solid waste facilities, analyses and recommendations for improvement as well as comprehensive waste audits. Contract Negotiations Mr. Moose has prepared supporting data and participated in contract negotiations for solid waste facilities. Work scopes have included host community benefit agreements, negotiation of special conditions for landfill and transfer station siting approval, contracts for construction and operation of waste and recycling facilities, drafting local ordinances governing landfills and transfer stations, as well as other solid waste related facilities. Geotechnical and Hydrogeological Analyses Managed geotechnical and hydrogeological analyses for design of solid waste landfills, containment features, groundwater monitoring systems, foundations, pavements, retaining walls, dewatering systems, slope stability analysis, monitoring well construction, field permeability testing and groundwater modeling. Construction Quality Control / Quality Assurance and Materials Testing Overall division manager providing construction quality control/quality assurance and materials testing. Trained nuclear density device and windsor probe operator. Certified by Illinois Department of Transportation in bituminous and Portland cement concrete proportioning, documentation, bridge structure foundations and traffic safety in construction zones. Experienced in Subtitle D landfill QA/QC procedures, including geomembranes, test liners, boutwell and sealed double-ringed _infiltrometers. Significant experience in dewatering and geotechnical related construction projects. Environmental Compliance Program Evaluation Project officer for development of Exelon Nuclear’s Excellence Plans. Project included site inspections and evaluation to determine the gaps in the environmental compliance programs of all Exelon Nuclear facilities, as well as the Kennett Square and Warrenville Corporate offices. In addition, gap analyses and _ environmental excellence plans for each of these nuclear facilities and corporate offices, were developed. ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC Selected Additional Project Experience Transfer Station/MRF/Processing Facility Design/Permitting Reviews City of Batavia Bluff City Transfer Facility Brooks Transfer Calumet (Liberty) Transfer Carroll Street Transfer Station Chicago Disposal Transfer Station Clearing Disposal Transfer Station Cloverleaf Transfer Station Crown Disposal MRF/Transfer Station DuKane Transfer Station DuPage Co. Recycling Drop-off Centers DuPage Yard Waste Facility City of Freeport Transfer Station Ellis Street Station Transfer Station Evanston Material Recovery Center Fullerton Station Transfer Station Greenwood Transfer Facility Groot Industries MRF/Transfer Station Homewood Disposal Transfer Station Solid Waste Management Planning Boone County lowa Carroll County Central Illinois Municipal Joint Action Agency City of Freeport City of Orlando Coles County Regional Planning Comm. Crawford County DeKalb County DeWitt County DuPage County East Central Solid Waste Commission Grundy County Henry County lowa Department of Natural Resources Economic and Performance Studies Brickyard Disposal Pro Forma Business Plan, Private Transfer Station City of Chicago Anaerobic Digestion Peoria City/County Landfill DuPage County Drop-off Centers Essex Windsor Evanston MRF Business Plan Groot Industries Transfer Station/MRF LandComp Corporation Los Alamos County Lake Transfer Station Los Alamos Loop Transfer Station \ 64th Street Loop Transfer Station \ Laflin City of Metropolis Transfer Station Midtown (Hoving) Transfer Station Midwest Compost Transfer Station Norton Mixed Waste Processing Facility Onyx Batavia Transfer Station Onyx Evanston Transfer Station Planet Recovery (National) Rolling Meadows Transfer Station Solid Waste Authority of Central Ohio Speelman Transfer Station Virginia Road Transfer Facility West DuPage Transfer Station Wheeling Township Transfer Station Various Permit Application Reviews for the City of Chicago Dept. of Environment Jo Daviess County Kankakee County Lawrence County Lee County Livingston County Los Alamos County, New Mexico Mason County Menard County Ogle County Richland County Solid Waste Agency of N. Cook County West Central Illinois Regional Solid Waste Consortium Will County Nord MRF Business Plan Peoria City/County Landfill SWANCC Transfer Station No. 1 SWANCC/Northwest Cook County Balefill Feasibility Analysis SWANCC Wheeling Township Transfer Station West Cook County Solid Waste Agency Regional Disposal Project Will County Arsenal Site eee a BOR oie rts ee We ee eee OMEN C= ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC Landfill Design, Permitting, and Due Diligence Amoco Chemical Landfill Belvidere Municipal Landfill No. 2 Benton County Brickyard Disposal Landfill CC Landfill Clinton Landfill No. 3 Clinton Chemical Waste Unit Coles County Landfill Congress Development Landfill Community Landfill Davis Junction Landfill Five Oaks Landfill Fox Moraine Landfill Freeport Greene Valley Landfill Herrin Municipal Landfill H&L Landfill Indian Creek Landfill No. 2 Kankakee Regional Landfill Lake County C & D LandComp Corporation Landfill Land & Lakes 122nd Street Lawrence County Disposal Centre Inc. Lee County Landfill Livingston Landfill Los Alamos County Contract Negotiation and Procurement Bond County Landfill Siting Review City of Batavia Host Community Agreement City of Chicago Dept. of Environment Rules and Regulations City of Freeport Contract Procurement City of Freeport Hauling Lease and Host Agreements Coles County Landfill Siting Review Crystal Lake Transfer Station DeWitt County Host Community Agreement Douglas Co. Waste Disposal Agreement Greenwood Transfer Facility Henry County Host Community Agreement Jackson Co. Host Community Agreement Jackson Co. Landfill Siting Review Land Purchase Negotiations for Wheeling Township Transfer Station LaSalle Co. Host Community Agreement Lawrence Co. Host Community Agreement Mallard Lake Landfill Marathon Oil Landfill Midway Landfill Morris Community Landfill Newton County Landfill Northwest Cook County Balefill Peoria City/County Landfill Pheasant Run Landfill Prairie Hills Landfill Rhodes Landfill Rochelle Landfill Rochelle Waste Disposal Saline County Landfill Sangamon Valley Landfill Settlers Hill Landfill Spoon Ridge Landfill Streator Area Landfill Taylor Ridge Landfill Tazewell RDF Landfill Various Permit Application Reviews for the City of Chicago Department of Environment Willow Ranch Landfill Winnebago Landfill Winnetka Landfill Woodland I! Landfill Veolia ES Landfill Lawrence Co. Landfill Siting Review Lee Co. Landfill Ordinance Livingston Co. Host Community Agreement Livingston Co. Landfill Siting Review Livingston Co. Landfill Ordinance Ogle Co. Host Community Agreement Ogle Co. Landfill Siting Review Ogle Co. Landfill Ordinance Operating Contract for Wheeling Township Transfer Station Peoria City/County Landfill Regional Disposal Project, West Cook County Solid Waste Agency Richland Co. Host Community Agreement West Cook Co. Solid Waste Agency Regional Disposal Project Will County Landfill Siting Review Village of Lyons Annexation Agreement ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] Seed Martin N. Fallon, P.G. Project Manager Education ¢ B.B.A., Business Administration, St. Norbert College * B.S., Geology, St. Norbert College Registrations * Licensed Professional Geologist — Illinois and Indiana Highlights + 19 years of solid waste management experience « Responsible for overseeing development of numerous solid waste management and diversion facilities * Conducts feasibility studies, compliance evaluations, and reviews existing operations for best management practices Professional Qualifications Mr. Fallon has over 19 years of experience in the planning, siting, design, and permitting of solid waste management and recycling facilities. As a Project Manager, he is responsible for overseeing numerous solid waste development projects, transfer stations, waste diversion facilities, and landfills. These projects routinely require the direction of multi-diciplined teams of planners, engineers, attorneys, real estate appraisers, and contractors. Mr. Fallon also conducts feasibility studies for new transfer stations and recycling facilities, evaluates candidate sites for compliance with local, state and federal regulations, and reviews existing facilities and operations for best management practices and regulatory compliance. As a hydrogeologist, Mr. Fallon has also planned and managed numerous hydrogeologic investigations for greenfield landfills and expansions of existing landfill facilities. APTIM Select Project Experience Round Lake Park, Lake Transfer Station and Eco- Campus, Illinois Managed the siting and permitting of a new 3.9 acre non-special municipal waste transfer facility and 14 acre Eco-Campus within the Village of Round Lake Park. The transfer facility provides capacity for transfer of up to 900 tons of solid waste on a daily basis. The Eco-Campus facility was designed to process and divert up to 500 tons per day of construction materials such as wood, concrete, shingles, cardboard, metals and plastic from landfilling. This facility is one of the first fully integrated construction and demolition debris recycling facilities permitted in the State of Illinois. WillCo Green, Design and Permitting of a C&D Recycling Facility, Illinois Managed the design, permitting, and provided construction oversight for a new 1,000 ton per day construction and demolition debris (C&D) sorting and recycling facility on a reclaimed limestone aggregate quarry in Plainfield, Illinois. Development of the C&D facility included construction of a material receiving building, scalehouse/administration building, and grading and paving as necessary to establish operating and stockpile areas at the facility. Prior to facility development, the former quarry was filled with over 150 feet of clean construction and demolition debris to achieve approximate pre-quarry grades. Due to this significant thickness of random fill beneath the site, the materials receiving building needed to be designed with a floating floor that is able to move independently from the walls, and includes a lattice-mat foundation in order to reduce reduce the potential for floor failure due to differential settlement. The building design also incorporated a truss-arch and fabric roof structure on top of the building foundation/push-walls. ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC Bridgewater Resources, Inc., Market Analysis, New Jersey Assisted with a comprehensive evaluation of the solid waste market within the States of New Jersey and New York in order to to evaluate existing and future market conditions, and the financial projections and assumptions used in developing a project proforma for the BRI Transfer Station. The market analysis included evaluation of population trends, waste generation and recycling rates, political and competitive forces, and transportation and service area constraints. This effort was performed in support of a debt refinancing effort, the proceeds of which were to be used to restructure existing debt and pay for proposed capital improvements to the transfer station. Improvements were to include extension of a rail spur into the facility to transfer MSW via intermodal rail container and C&D via gondola cars. Boone County, C&D Processing Feasibility, lowa Supported a comprehensive analysis on the feasibility of developing a construction and demolition debris processing facility as a waste diversion technique. Los Alamost County, Landfill Solar Feasibility, New Mexico Assisted with an evaluation of landfill cover alternatives to support proposed end-uses for the Los Alamos County Landfill, including a solar project and expanded recycling activities. The purpose of the study was to identify alternative cap designs that are more conducive to solar projects based on research into other solar projects, and based on general engineering, environmental and cost considerations. Midwest Compost, LLC, Landscape and Food Scrap Transfer Facility Permitting, Illinois Project Manager responsible for the preparation of an IEPA permit application for a landscape and food waste transfer station located in suburban Chicago. Application included facility design and operating plan which were developed in compliance with applicable location standards. Food scrap is delivered to the facility in source separated loads from food processing opeations, or comingled with incoming landscape waste deliveries. City of Plano, Transfer Station Evaluation and Permitting, Illinois Conducted a pre-file review of a siting application for a new municipal solid waste transfer station to be located within the City of Plano (filed by PLC, LLC). Provided recommendations and assistance to City staff prior to, and during, public hearings. Prepared a development permit modification application upon purchase of the facility by Groot Industries, Inc. The design of this facility was modified in order to optimize the site plan, building design, ancillary facilities (e.g. scale and scalehouse), and interior traffic flow patterns. Stearns Quarry Landfill, Post-Closure Monitoring, Inspection, and Maintenance, Illinois Performed long-term post-closure monitoring, inspection, and maintenance at the now closed Stearns Quarry landfill. The former limestone quarry was used as a landfill for clean C&D debris and incinerator ash in the 1970s. The facility was converted to a park in 2009, including a fishing pond, interpretive wetlands, preserved quarry walls, trails, an athletic field, a running track, and a hill that offers dramatic views. Although converted to a beautiful green space, routine maintenance and inspection of the landfill cover, on-site wetlands, retaining walls, and a leachate dewatering-well continue. Republic Services, Inc., Review of Composting Operations, Indiana Conducted reviews of two composting operations in order to address operational inefficiencies that had resulted from composting of recycling process residuals (trommel fines which are primarily biodegradable but are very dense and exhibit a high moisture content). Based on his site visits and operational reviews, Mr. Fallon provided recommendations on adjustments that could be made to_ existing operations. These recommendations included changes to the ratio of bulking agent to feedstock, turning frequency, addition of enzymes to enhance metabolization, modifications to pile geometry, and modifications to monitoring frequencies and _ parameters. ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC Delta Institute, Bioremediation Feasibility, Illinois Assisted with performance of a feasibility study on bioremediation of non-hazardous contaminated soils in compliance with applicable local, state, and federal requirements. Congress Development Company Landfill, High Temperature and Pressure Investigation, Illinois Responsible for designing an investigation and managing a team to determine the cause of high temperatures and pressures within the Congress Development Company landfill. Prepared a report describing findings. Site Location Studies, Multiple Sites Managed the development of site locations studies for regional solid waste facilities and recycling centers. Studies included transportation analyses, development of siting criteria, public consensus building and site identification. Hydrogeologic Investigation Planning, Management, and Implementation, Multiple Sites Responsible for planning and management of numerous hydrogeologic investigations for siting greenfield landfills and expansions of existing landfill facilities. These facilities have included: * Kankakee Regional Landfill + Lee County Landfill Expansion ¢ Winnebago Landfill Expansions (two) * Peoria City/County Landfill Expansion * Hickory Ridge Landfill Expansion * County Line Landfill Expansion * Newton County Landfill Expansions (three) * Fox Moraine Landfill * Indian Creek Landfill Expansion These investigations have included logging of continuously sampled borings, installation of monitoring wells, evaluation of downhole geophysical data, borehole sonar results, shallow surface seismic surveys, subsidence modeling, and characterization of the regional and site specific geology and hydrogeology. Ultimately, the hydrogeologic investigations culminated with reports that included detailed discussions of all of the field data, along with investigation findings. Contaminant Transport Modeling and Groundwater Monitoring Plan Development, Multiple Sites Prepared contaminant transport models, groundwater impact assessments, environmental monitoring plans for landfill facilities. Contaminant transport modeling experience has included use of groundwater modeling software (MIGRATE and POLLUTE), and development of groundwater impact assessment models to evaluate facility design parameters and how they work adjacent hydrogeologic systems. Mr. Fallon also has significant experience in the modeling of groundwater monitoring networks at waste disposal facilities, and is well practiced with the statistical analyses required to develop monitoring objectives and in the detailed evaluation of monitoring results. Public Meetings and Expert Testimony, Multiple Sites Have designed and orchestrated public meetings in advance of new facility development, including development of presentations, videos, brochures, graphics, and field trips. Have also provided expert testimony at public hearings for landfill development projects in support of hydrogeologic investgations, groundwater impact evaluations, and environmental monitoring programs. ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] Walter S. Willis 366 Grove Avenue Hampshire, IL 60140 630/621-0736 Willis-walter@sbeglobal.net EDUCATION Masters in Public Administration Southern Illinois University, 1986 Bachelor of Arts, Political Science Southern Illinois University, 1982 PROFESSIONAL EXPERIENCE Solid Waste Agency of Lake County, Executive Director, 2007 — present Executive Director of a Municipal Joint Action Agency representing 41 Lake County municipalities and the County of Lake (nearly 700,000 people). Supervises four employees with an annual budget of nearly $1.2 million. Oversees the operation of SWALCO’s permanent household chemical waste transfer facility. Other duties include: 1) updating and implementing the Lake County Solid Waste Management Plan, 2) providing solid waste consulting services to SWALCO members and assisting them with residential and commercial hauling franchises, 3) implementing a comprehensive public education program, and 4) developing and implementing programs to divert more materials from final disposal. Shaw Environmental, Inc., Senior Project Manager, 2004-2007 Duties included: Managing multi-discipline teams of planners, engineers and geologists on solid waste planning and facility development projects, including solid waste planning studies, public education and outreach, facility and hauler procurement, host community agreement negotiations, market research studies for facility acquisitions, and facility siting. Significant projects included: 1) the first siting of a pollution control facility (transfer station in Crystal Lake) in McHenry County, IL including the negotiation of four host community agreements, public education and consensus building, and expert witness testimony for local siting hearing; 2) alternative technology (MSW conversion technologies) procurement and project implementation for the City of Orlando, FL; and 3) multi-discipline training project for the Commonwealth of The Bahamas, including development of manuals and conducting workshops on recycling, composting, public education, and finance and administration. Lee County, IL, Solid Waste Coordinator, 1997-2004 Duties included: Implementation of the Lee County Solid Waste Management Plan and plan updating; overseeing the privately owned and operated Lee County Landfill and the Solid Waste Management Agreement with Allied Waste Industries; developing and administering a drop-off ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] recycling program; planning for and implementing one-day collection events for used oil, tires, household hazardous waste, and electronics; performing public education activities; and responding to citizens’ questions and concerns. Engineering Solutions, Senior Planner, 1996-1997 Duties included: Managing and executing studies related to solid waste generation, collection, management and recycling; preparing reports for landfill and transfer station siting applications and providing expert witness testimony at siting hearings; assisting local units of government review siting applications, assisting with questions for expert witnesses and preparing findings of fact; developing public education/public involvement programs, business plans and waste audit reports; assisting in host community contract negotiations, and hauler/facility procurement (i.e., bid specs and analysis); and assisting with the preparation of local ordinances and grant writing. Also was responsible for human resource duties, including the development of hiring guidelines, employee recruitment, employee development, employee review procedures and employee benefit programs. Patrick Engineering, Inc., Senior Planner and Branch Office Manager, 1988-1996 Duties included: Developing and implementing solid waste management plans in 38 counties in Illinois; negotiating host community agreements for eight units of local government with total expected revenues exceeding $100 million; developing local siting studies, including working with interest groups to select and rank siting criteria for ultimate site selection; and developing need and plan consistency reports for siting applications, providing expert witness testimony, and assisting units of local government review siting applications (worked on approximately 20 siting cases under Illinois’ SB 172 siting process. Opened Springfield, IL branch office in 1989 and was assigned branch manager. By 1996 the office had grown from 3 employees to 9, with annual revenues exceeding $1 million. As branch manager I was responsible for all personnel, marketing and budgeting decisions. Illinois Environmental Protection Agency, Project Manager, 1986-1988 As project manager in the Solid Waste Management Section, Bureau of Land, responsible for evaluating solid waste planning and enforcement grant applications and subsequent planning and enforcement efforts. Assigned to task force to update SB 172 siting decisions and prepared report documenting siting efforts in Illinois. Assisted with preparation of first annual disposal capacity report. Section expert on municipal waste incineration, and helped research and prepare report on IEPA’s guidelines on municipal waste incineration.