===== PDF PAGE 7 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO 11 INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: ~ :f:>, Resolution No. 21-R-0098 - Contract Award - 2021 Engineering Assistance for WTP SCADA Upgrade I COMMITTEE AGENDA DATE: November 4, 2021 COUNCIL AGENDA DATE: November 15, 2021 Enhancement • STAFF REVIEW: Joseph Munder, Water Treatment Plant Superintendent I APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE. _________ _ ITEM SUMMARY: The Water Treatment Plant (WTP) utilizes a system of Local Control Panels (LCPs) to provide control and data collection from the various treatment vessels and appurtenances throughout the plant. There are ten (10) LCP's in the Plant and each is equipped with a small computer commonly called a PLC (Programmable Logic Controller). These PLCs serve as a local point of contact for the items (e.g. valves) that are controllable and for items that provide feedback (e.g. meters) to the operators. The PLCs have reached the end of their life cycle and are in need of replacement. The currently installed devices are no longer produced by the manufacturer and replacement parts have become difficult to obtain. The remainder of the components in the LCPs are also aged to the point where new devices are warranted. The Variable Frequency Drives (VFDs) have also reached the end of their life cycle. These are critical items that allow the WTP operators to control the output of finished water to the distribution system. The controlling computer that runs the existing SCADA (Supervisory Control and Data Acquisition) software was most recently replaced in 2015. That computer is now two iterations out of date in its basic operation software (Windows 7 versus Windows 11 ). A new SCADA computer will be needed as well as a new or upgraded software package will be required to complete the upgrades and enhancements planned. It is in this light that staff has recommended a replacement and enhancement project for the SCADA System as well as the VFDs. The complexity of the contemplated plan has led staff to request engineering assistance in preparing plans and specifications for the intended project. Four engineering firms were contacted and proposals were requested. Each of the firms participated in preliminary discussions with WTP staff to determine the scope and range of the planned upgrades and enhancements. Each of these firms can be considered expert in SCADA engineering and design. Trotter and Associates, Inc. of St. Charles, IL proffered the lowest responsible proposal of $51,938.00 to provide engineering (design and construction) services to the City of West Chicago for the WTP SCADA/LCP project. Staff recommends that a contract be awarded to Trotter and Associates, Inc. to provide Engineering Services for the WTP SCADA/LCP project. Adequate funds have been budgeted in the Water Fund, Water Treatment Plant Operations - Other Capital Outlay (06-34-48-4806) to cover this expenditure. The cost of the actual improvements will be budgeted for in the FY2022 budget. ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO ACTIONS PROPOSED: Approve Resolution No. 21-R-0098 authorizing the Mayor to execute a contract with Trotter and Associates, Inc., to provide engineering services for the WTP SCADA/LCP project for an amount not to exceed $51,938.00 for Fiscal Year 2021 and extending into Fiscal Year 2022. COMMITTEE RECOMMENDATION: ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] RESOLUTION NO. 21-R-0098 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH TROTTER AND ASSOCIATES, INC. FOR THE ENGINEERING SERVICES RELATED TO THE WATER TREATMENT PLANT SCADA \ LCP UPGRADE PROJECT 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 a professional services contract with Trotter and Associates, Inc. for services related to the Water Treatment Plant SCADA/LCP Upgrades in an amount not to exceed $51,938.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 15th day of November, 2021. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] dt:J ~~~~l:f~~R L1 ENGINEERS AND SURVEYORS October 11, 2021 Mehul T. Patel, P.E., CFM Director of Public Works Public Works Department City of West Chicago 475 Main Street West Chicago, Illinois 60185 Re: Water Treatment Plant Control Panel Upgrades and VFD Replacement Professional Services Agreement and Exhibits Dear Mr. Patel, Trotter and Associates, Inc. (ENGINEER) is pleased to provide professional services to the City of West Chicago (CLIENT) for the Water Treatment Plant Control Panel Modifications and VFD Replacement project (hereinafter referred to as the "PROJECT"). PROJECT UNDERSTANDING The City of West Chicago Water Treatment Plant (WTP) includes ten control panels that include electrical equipment and controls that are outdated and in need of replacement. The City wants to upgrade the control panels with modern PLC gear. This project includes the replacement of the existing PLC's, connection of the new PLC's to the existing power and instrumentation wiring, and the integration ofthe new PLC's, and potential replacement of the City's current iFix SCADA software with a new SCADA package. The project integrator will be consulted for their input regarding the SCADA package which would be in the City's best interest. The City also wishes to add remote control capability for at least two tablets, and an access log for the staff to enter their credentials while making rounds. In addition, the City wishes to replace (3) enclosed VFDs with new equipment, and would like additional information ported to SCADA from the drives. The pump motors are 200 hp. Automatic reset of pumping equipment after a power failure is not desired. Engineering services included in this Agreement include preparing bidding documents and specifications for these upgrades, assistance during bidding, and construction-related services including contract administration, shop drawing review, and final inspection of the work. SCOPE OF SERVICES Our services will consist of customary mechanical and electrical related engineering services, incidental thereto, described below. 1. Design Phase 1.1 Visit the water treatment plant to inspect the existing control panels and equipment. 1.2 Compile a list of upgrades that are required in each control panel. ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO WATER TREATMENT PLANT CONTROL PANEL UPGRADES OCTOBER 11, 2021 Page 2 1.3 Select and size replacements for the High Service Pump VFDs. 1.4 Verify with the City the scope of the improvements. 1.5 Incorporate collected information into a Specification describing specifically the work to be performed at each panel. 1.6 Finalize bidding documents to include any comments by the City. 1.7 Prepare engineer's opinion of probable construction cost for the project. 2. Bidding Phase 2.1 Coordinate the distribution of bidding documents to interested bidders. Maintain a list of all plan holders. 2.2 Attend pre-bid meeting with City staff and prospective bidders. 2.3 Respond to bidder questions regarding bidding documents. 2.4 Issue Addenda as necessary to clarify, correct, or change the Bidding Documents. 2.5 Attend bid opening, prepare bid tabulation, assist the City in reviewing the bids, participate in any negotiations or clarification discussions, and assist the City in awarding the contract. 3. Construction Phase 3.1 Schedule and attend pre-construction meeting with City and contractor to review and finalize the proposed work. 3.2 Review shop drawing submittals to determine compliance with the technical specifications. 3.3 Review payment applications and make recommendations to City regarding payment. 3.4 Perform a substantial completion inspection and prepare a punch list of outstanding items needed for completion. 3.5 Perform a final inspection when the work is declared complete. 3.6 Make final payment recommendations as appropriate. Construction Phase engineering services do not include full-time or part-time on-site oversight of the Contractor's work. Those services, if requested, will be provided under an amendment to this agreement. Changes to the scope of services outlined in this agreement shall be authorized through execution of an Exhibit D - Contract Addendum. COMPENSATION An amount equal to the cumulative hours charged to the Project by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and ENGINEER's Consultant's charges, if any. ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO WATER TREATMENT PLANT CONTROL PANEL UPGRADES OCTOBER 11, 2021 Page 3 ENGINEER's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit B. Reimbursable Expenses included in the contract are limited to items listed in Exhibit B. All expenses that are not included in Exhibit B shall be considered outside the contract and shall be considered as extra and compensated for at cost. For example: title commitments, permit fees, architectural renderings, special public meetings, out of town travel expenses, consultant services beyond those identified in the scope, or items specifically requested by the owner. The total compensation for services is estimated to be $38,180 based on the following assumed distribution of compensation: Design Phase $30,000 Bid Assistance $4,750 Construction Administration $14,888 Substantial and Final Completion Inspections $1,170 Engineering Fees $51,638 Reimbursable Expenses $300 Total Fees $51,938 ENGINEER may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by CLIENT. The total estimated compensation for ENGINEER's services included in the breakdown by phases incorporates all labor, overhead, profit, Reimbursable Expenses and ENGINEER's Consultant's charges. The amounts billed for ENGINEER's services will be based on the cumulative hours charged to the PROJECT during the billing period by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and ENGINEER's Consultant's charges. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually as of January ist to reflect equitable changes in the compensation payable to ENGINEER. MISCELLANEOUS This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written representations. This agreement may not be changed, modified, or amended except in writing signed by both parties. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. ENGINEER may have portions of the Services performed by its affiliated entities or their employees, in which event ENGINEER shall be responsible for such services and CLIENT shall look solely to ENGINEER as if ENGINEER performed the Services. In no case shall CLIENT'S approval of any subcontract relieve ENGINEER of any of its obligations under this Agreement. However, ENGINEER is not responsible whatsoever for any obligations its subcontractors might have to its [subcontractors'] employees, including but not limited to proper compensation of its employees. In the event CLIENT uses a purchase order form or other CLIENT developed document to administer this Agreement, the use of such documents shall be for the CLIENT's convenience only, and any provisions, terms or conditions within the CLIENT developed document shall be deemed stricken, null and void. Any provisions, terms or conditions which the CLIENT would like to reserve shall be added to Exhibit C - Supplemental Conditions and agreed to by both parties. ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO WATER TREATMENT PLANT CONTROL PANEL UPGRADES OCTOBER 11, 2021 Page 4 CONTENTS OF AGREEMENT This Agreement and the Exhibits attached hereto and incorporated herein, represent the entire understanding with respect to the Project and may only be modified in writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CLIENT: Trotter and Associates, Inc.: By: Ruben Pineda By: Mark R. Sikora, PE Title: Mayor Title: Vice President Effective Date: ----------- Date Signed: October 11, 2021 Address for giving notices: Address for giving notices: 475 Main Street 40W201 Wasco Road, Suite D West Chicago, IL 601875 St. Charles, IL 60175 Designated Representative: Designated Representative: Mehul T. Patel, P.E., CFM Mark R. Sikora, PE Title: Director of Public Works Title: Vice President Phone Number: 630-293-2255 Phone Number: 630-587 0470 Facsimile Number: 630-293-3028 Facsimile Number: 630-587- 0475 E-Mail Address: MPatel@westchicago.org E-Mail Address: m.sikora@trotter-inc.com ATTACHMENTS: EXHIBT A- STANDARD TERMS AND CONDITIONS EXHIBIT B -SCHEDULE OF HOURLY RATES AND REIMBURSIBLE EXPENSES EXHIBIT C-SUPPLEMENTAL GENERAL CONDITIONS EXHIBIT D - CONTRACT ADDENDUM ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] c:fb CLIENT Initial TAI Initial ~Ass~1:1, l~~R L1 ENGINEERS AND SURVEYORS EXHIBIT A - STANDARD TERMS AND CONDITIONS B. Upon this Agreement becoming effective, ENGINEER is authorized to begin Services. Table of Contents ARTICLE 2 - CLIENT'S RESPONSIBILITIES ARTICLE l - SERVICES OF ENGINEER 1.01 Scope 2.01 General ARTICLE 2 - CLIENT'S RESPONSIBILITIES A. Provide ENGINEER with all criteria and full information as to CLIENT's requirements for the Project, including design 2.01 General objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary ARTICLE 3 - TIMES FOR RENDERING SERVICES 2 limitations; and furnish copies of all design and construction 3.01 General 2 standards which CLIENT will require to be included in the Drawings and Specifications; and furnish copies ofCLIENT's 3 .02 Suspension 2 standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when ARTICLE 4 - PAYMENTS TO ENGINEER 3 applicable. 4.01 Methods of Payment for Services B. Furnish to ENGINEER any other available information pertinent and Reimbursable Expenses of ENGINEER 3 to the Project including reports and data relative to previous 4.02 Other Provisions Concerning Payments 3 designs, or investigation at or adjacent to the Site. C. Following ENGINEER's assessment of initially-available ARTICLE 5 - OPINIONS OF COST 3 Project information and data and upon ENGINEER's request, 5.01 Opinions of Probable Construction Cost 3 furnish or otherwise make available such additional Project 5.02 Designing to Construction Cost Limit 3 related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. 5.03 Opinions of Total Project Costs 3 Such additional information or data would generally include the following: ARTICLE 6 - GENERAL CONSIDERATIONS 3 l . Property descriptions. 6.01 Standards of Performance 3 6.02 Authorized Project Representatives 4 2. Zoning, deed, and other land use restrictions. 6.03 Design without Conslruction Phase Services 4 3. Property, boundary, easement, right-of-way, and other 6.04 Use of Documents 4 special surveys or data, including establishing relevant 6.05 Insurance 5 reference points. 6.06 Termination 6 4. Explorations and tests of subsurface conditions at or 6.07 Controlling Law 6 contiguous to the Site, drawings of physical conditions in 6.08 Successors, Assigns, and Beneficiaries 6 or relating to existing surface or subsurface structures at or 6,09 Dispute Resolution 6 contiguous to the Site, or hydrographic surveys, with 6,10 Hazardous Environmental Condition 6 appropriate professional interpretation thereof. 6.11 Allocation of Risks 7 5. Environmental assessments, audits, investigations and 6.12 Notices 7 impact statements, and other relevant environmental or 6.13 Survival 7 cultural studies as to the Project, the Site, and adjacent areas. 6.14 Severability 7 6.15 Waiver 7 6. Data or consultations as required for the Project but not 6.16 Headings 7 otherwise identified in the Agreement or the Exhibits thereto. 6.16 Definitions 7 D. Give prompt written notice to ENGINEER whenever CLIENTARTICLE 1 - SERVICES OF ENGINEER observes or otherwise becomes aware of a Hazardous Environmental Condition or of any other development that affects the scope or time of performance ofENGINEER's1.01 Scope services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor.A. ENGINEER shall provide the Professional Services set forth herein and in the Letter Agreement. E. Authorize ENGINEER to provide Additional Services as set forth in Exhibit D - Addendum of the Agreement as required. ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] Exhibit A Standard Terms and Conditions Page2 F. Arrange for safe access to and make all provisions for 0. Provide the services of an independent testing laboratory to ENGINEER to enter upon public and private property as perform all inspections, tests, and approvals of Samples, required for ENGINEER to perform services under the materials, and equipment required by the Contract Documents, Agreement. or to evaluate the performance of materials, equipment, and facilities of CLIENT, prior to their incorporation into the Work G. Examine all alternate solutions, studies, reports, sketches, with appropriate professional interpretation thereof. Drawings, Specifications, proposals, and other documents presented by ENGlNEER (including obtaining advice of an P. Provide inspection or monitoring services by an individual or attorney, insurance counselor, and other advisors or consultants entity other than ENGINEER (and disclose the identity of such as CLIENT deems appropriate with respect to such examination) individual or entity to ENGINEER) as CLIENT determines and render in writing timely decisions pertaining thereto. necessary to verify: H. Provide reviews, approvals, and permits from all governmental I. That Contractor is complying with any Laws and authorities having jurisdiction to approve all phases of the Regulations applicable to Contractor's performing and Project designed or specified by ENGINEER and such reviews, furnishing the Work. approvals, and consents from others as may be necessary for completion of each phase of the Project. 2. That Contractor is taking all necessary precautions for safety of persons or property and complying with any I. Provide, as required for the Project: special provisions of the Contract Documents applicable to safety. I . Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to paragraphs 2.01.0 and 2. Legal services with regard to issues pertaining to the P. Project as CLIENT requires, Contractor raises, or ENGINEER reasonably requests. ARTICLE 3 - TIMES FOR RENDERING SERVICES 3. Such auditing services as CLIENT requires to ascertain how or for what purpose Contractor has used the moneys paid. 3.01 General 4. Placement and payment for advertisement for Bids in A. ENGINEER's services and compensation under this Agreement appropriate publications. have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. Unless specific J. Advise ENGINEER of the identity and scope of services of any periods of time or specific dates for providing services are independent consultants employed by CLIENT to perform or specified in this Agreement, ENGINEER's obligation to render furnish services in regard to the Project, including, but not services hereunder will be for a period which may reasonably be limited to, cost estimating, project peer review, value required for the completion of said services. engineering, and constructabil ity review. B. If in this Agreement specific periods of time for rendering K. Furnish to ENGINEER data as to CLIENT's anticipated costs services are set forth or specific dates by which services are to be for services to be provided by others for CLIENT so that completed are provided, and if such periods of time or dates are ENGINEER may make the necessary calculations to develop changed through no fault of ENGINEER, the rates and amounts and periodically adjust ENGINEER's opinion of Total Project of compensation provided for herein shall be subject to equitable Costs. adjustment. If CLIENT has requested changes in the scope, extent, or character of the Project, the time of performance of L. If CLIENT designates a manager or an individual or entity other ENGINEER's services shall be adjusted equitably. than, or in addition to, ENGINEER to represent CLIENT at the Site, the duties, responsibilities, and limitations ofauthority of C. For purposes of this Agreement the term "day" means a calendar such other party shall be disclosed to the ENGINEER and day of 24 hours. coordinated in relation to the duties, responsibilities, and authority ofENGINEER. 3.02 Suspension M. If more than one prime contract is to be awarded for the Work A. If CLIENT rails to give prompt written authorization to proceed designed or specified by ENGINEER, designate a person or with any phase of services after completion of the immediately entity to have authority and responsibility for coordinating the preceding phase, or ifENGINEER's services are delayed activities among the various prime Contractors, and define and through no fault of ENGINEER, ENGINEER may, after giving set forth the duties, responsibilities, and limitations of authority seven days written notice to CLIENT, suspend services under of such individual or entity and the relation thereof to the duties, this Agreement. responsibilities, and authority of ENGINEER is to be mutually agreed upon and made a part of this Agreement before such B. lfENGINEER's services are delayed or suspended in whole or services begin. in part by CLIENT, or ifENGINEER's services are extended by Contractor's actions or inactions for more than 90 days through N. Attend the pre-bid conference, bid opening, pre-construction no fault of ENGINEER, ENGINEER shall be entitled to conferences, construction progress and other job related equitable adjustment of rates and amounts of compensation meetings, and Substantial Completion and final payment provided for elsewhere in this Agreement to reflect, reasonable inspections. costs incurred by ENGINEER in connection with, among other ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] ExhibitA Standard Terms and Conditions Page 3 things, such delay or suspension and reactivation and the fact practices. To the extent necessary to verify ENGINEER's that the time for performance under this Agreement has been charges and upon CLIENT's timely request, copies of such revised. records will be made available to CLIENT at cost. ARTICLE 4 - PAYMENTS TO ENGINEER F. Legislative Actions. In the event of legislative actions after the Effective Date of the Agreement by any level of government that impose taxes, fees, or costs on ENGINEER's services or other 4.01 Methods of Payment for Services and Reimbursable costs in connection with this Project or compensation therefore, Expenses of ENGINEER such new taxes, fees, or costs shall be invoiced to and paid by CLIENT as a Reimbursable Expense to which a Factor of 1.0 A. For Basic Services. CLIENT shall pay ENGINEER for Basic shall be applied. Should such taxes, fees, or costs be imposed, Services performed or furnished under as outlined in the Letter they shall be in addition to ENGINEER's estimated total Agreement compensation. B. For Additional Services. CLIENT shall pay ENGINEER for ARTICLE 5 - OPINIONS OF COST Additional Services performed or furnished as outlined in ExhibitD. 5.01 Opinions of Probable Construction Cost C. For Reimbursable Expenses. CLIENT shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and A. ENGINEER's opinions of probable Construction Cost provided ENGINEER's Consultants as set forth in Exhibit B. for herein are to be made on the basis ofENGINEER's experience and qualifications and represent ENGINEER's best 4.02 Other Provisions Concerning Payments judgment as an experienced and qualified professional generally familiar with the industry. However, since ENGINEER has no A. Preparalion ofInvoices. lnvoices will be prepared in control over the cost of labor, materials, equipment, or services accordance with ENGINEER's standard invoicing practices and furnished by others, or over the Contractor's methods of will be submitted to CLIENT by ENGINEER, unless otherwise determining prices, or over competitive bidding or market agreed. conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from B. Payment of Invoices. Invoices are due and payable within 30 opinions of probable Construction Cost prepared by days ofreceipt. IfCLIENT fails to make any payment due ENGINEER, If CLIENT wishes greater assurance as to ENGINEER for services and expenses within 30 days after probable Construction Cost, CLIENT shall employ an receipt ofENGINEER's invoice therefor, the amounts due independent cost estimator. ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, ifless) from said 5.02 Designing to Construction Cost Limit thirtieth day. In addition, ENGINEER may, after giving seven days written notice to CLIENT, suspend services under this A. If a Construction Cost limit is established between CLIENT and Agreement until ENGINEER has been paid in full all amounts ENGINEER, such Construction Cost limit and a statement of due for services, expenses, and other related charges. Payments ENGINEER's rights and responsibilities with respect thereto will be credited first to interest and then to principal. will be specifically set forth in Exhibit C - Supplemental General Conditions. C. Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may be withheld from 5.03 Opinions of Total Project Costs payment, and the undisputed portion will be paid. A. ENGINEER assumes no responsibility for the accuracy of D. Payments Upon Termination. opinions of Total Project Costs. 1, In the event of any termination under paragraph 6.06, ARTICLE 6- GENERAL CONSIDERATIONS ENGINEER will be entitled to invoice CLIENT and will be paid in accordance with Exhibit B for all services performed or furnished and all Reimbursable Expenses 6.01 Standards of Performance incurred through the effective date of termination. A. The standard of care for all professional engineering and related 2. In the event of termination by CLIENT for convenience or services performed or furnished by ENGINEER under this by ENGINEER for cause, ENGINEER, in addition to Agreement will be the care and skill ordinarily used by members invoicing for those items identified in subparagraph ofENGINEER's profession practicing under similar 4.02.D. l, shall be entitled to invoice CLIENT and shall be circumstances at the same time and in the same locality. paid a reasonable amount for services and expenses ENGINEER makes no warranties, express or implied, under this directly attributable to termination, both before and after Agreement or otherwise, in connection with ENGINEER's the effective date of termination, such as reassignment of services. personnel, costs of terminating contracts with ENGINEER's Consultants, and other related close-out B. ENGINEER shall be responsible for the technical accuracy of its costs, using methods and rates for Additional Services as services and documents resulting therefrom, and CLIENT shall set forth in Exhibit B. not be responsible for discovering deficiencies therein. ENGINEER shall correct such deficiencies without additional E. Records ofENGINEER 's Costs. Records ofENGINEER's costs compensation except to the extent such action is directly pertinent to ENGINEER's compensation under this Agreement attributable to deficiencies in CLIENT-furnished information. shall be kept in accordance with generally accepted accounting ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] Exhibit A Standard Terms and Conditions Page 4 C. ENGINEER shall perform or furnish professional engineering , Contract Documents given by CLIENT without consultation and and related services in all phases of the Project to which this advice of ENGINEER. Agreement applies. ENGINEER shall serve as CLIENT's prime professional for the Project. ENGINEER may employ such L. The General Conditions for any construction contract documents ENGINEER's Consultants as ENGINEER deems necessary to prepared hereunder are to be the "Standard General Conditions assist in the performance or furnishing of the services. of the Construction Contract" as prepared by the Engineers Joint ENGINEER shall not be required to employ any ENGINEER's Contract Documents Committee (Document No. 1910-8, 1996 Consultant unacceptable to ENGINEER. Edition) unless both parties mutually agree to use other General Conditions. D. ENGINEER and CLIENT shall comply with applicable Laws or Regulations and CLIENT-mandated standards. This Agreement 6.02 Authorized Project Representatives is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement A. Contemporaneous with the execution of this Agreement, may be the basis for modifications to CLIENT's responsibilities ENGINEER and CLIENT shall designate specific individuals to or to ENGINEER's scope of services, times of performance, or act as ENGINEER's and CLIENT's representatives with respect compensation. to the services to be performed or furnished by ENGINEER and responsibilities of CLIENT under this Agreement. Such E. CLIENT shall be responsible for, and ENGINEER may rely individuals shall have authority to transmit instructions, receive upon, the accuracy and completeness of all requirements, information, and render decisions relative to the Project on programs, instructions, reports, data, and other information behalf of each respective party. furnished by CLIENT to ENGINEER pursuant to this Agreement. ENGINEER may use such requirements, reports, 6.03 Design without Construction Phase Services data, and information in performing or furnishing services under this Agreement. A Should CLIENT provide Construction Phase services with either CLIENT'S representatives or a third party, ENGINEER's Basic f . CLIENT shall make decisions and carry out its other Services under this Agreement will be considered to be responsibilities in a timely manner and shall bear all costs completed upon completion of the Final Design Phase or incident thereto so as not to delay the services of ENGINEER. Bidding or Negotiating Phase as outlined in the Letter Agreement. G. Prior to the commencement of the Construction Phase, CLIENT shall notify ENGINEER of any other notice or certification that B. It is understood and agreed that ifENGINEER's Basic Services ENGINEER will be requested to provide to CLIENT or third under this Agreement do not include Project observation, or parties in connection with the Project. CLIENT and review of the Contractor's performance, or any other ENGINEER shall reach agreement on the terms of any such Construction Phase services, and that such services will be requested notice or certification, and CLIENT shall authorize provided by CLIENT, then CLIENT assumes all responsibility such Additional Services as are necessary to enable ENGINEER for interpretation of the Contract Documents and for to provide the notices or certifications requested. construction observation or review and waives any claims against the ENGINEER that may be in any way connected H. ENGINEER shall not be required to sign any documents, no thereto. matter by whom requested, that would result in the ENGINEER's having to certify, guarantee or warrant the 6.04 Use of Documents existence of conditions whose existence the ENGINEER cannot ascertain. CLIENT agrees not to make resolution of any dispute A All Documents are instruments of service in respect to this with the ENGINEER or payment of any amount due to the Project, and ENGINEER shall retain an ownership and property ENGINEER in any way contingent upon the ENGINEER's interest therein (including the right ofreuse at the discretion of signing any such certification. the ENGINEER) whether or not the Project is completed. I. During the Construction Phase, ENGINEER shall not supervise, B. Copies of CLIENT-furnished data that may be relied upon by direct, or have control over Contractor's work, nor shall ENGINEER are limited to the printed copies (also known as ENGINEER have authority over or responsibility for the means, hard copies) that are delivered to the ENGINEER. Files in methods, techniques, sequences, or procedures of construction electronic media format of text, data, graphics, or of other types selected by Contractor, for safety precautions and programs that are furnished by CLIENT to ENGINEER are only for incident to the Contractor's work in progress, nor for any failure convenience of ENGINEER. Any conclusion or information of Contractor to comply with Laws and Regulations applicable obtained or derived from such electronic files will be at the to Contractor's furnishing and performing the Work. user's sole risk. J. ENGINEER neither guarantees the performance of any C. Copies of Documents that may be relied upon by CLIENT are Contractor nor assumes responsibility for any Contractor's limited to the printed copies (also known as hard copies) that are failure to furnish and perform the Work in accordance with the signed or sealed by the ENGINEER. Files in electronic media Contract Documents. format of text, data, graphics, or of other types that are furnished by ENGINEER to CLIENT are only for convenience of K. ENGINEER shall not be responsible for the acts or omissions of CLIENT. Any conclusion or information obtained or derived any Contractor(s), subcontractor or supplier, or of any of the from such electronic files will be at the user's sole risk. Contractor's agents or employees or any other persons (except ENGINEER's own employees) at the Site or otherwise D. Because data stored in electronic media format can deteriorate or furnishing or performing any of the Contractor's work; or for be modified inadvertently or otherwise without authorization of any decision made on interpretations or clarifications of the the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] Exhibit A Standard Terms and Conditions Page 5 after which the receiving party sh al I be deemed to have accepted such liability and other insurance purchased and maintained by the data thus transferred. Any errors detected within the 60-day Contractor for the Project acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain D. CLIENT and ENGINEER shall each deliver to the other documents stored in electronic media format after acceptance by certificates of insurance evidencing the coverage. CLIENT. E. All policies of property insurance shall contain provisions to the E. When transferring documents in electronic media format, effect that ENGINEER's and ENGINEER's Consultants' ENGINEER makes no representations as to long term interests are covered and that in the event of payment of any loss compatibility, usability, or readability of documents resulting or damage the insurers will have no rights of recovery against from the use of software application packages, operating any of the insureds or additional insureds thereunder. systems, or computer hardware differing from those used by ENGINEER at the beginning of this Project. F. At any time, CLIENT may request that ENGINEER, at CLJENT's sole expense, provide additional insurance coverage, F. CLIENT may make and retain copies of Documents for increased limits, or revised deductibles that are more protective. information and reference in connection with use on the Project If so requested by CLIENT, with the concurrence of by CLIENT. Such Documents are not intended or represented to ENGINEER, and if commercially available, ENGINEER shall be suitable for reuse by CLIENT or others on extensions of the obtain and shall require ENGINEER's Consultants to obtain Project or on any other project. Any such reuse or modification such additional insurance coverage, different limits, or revised without written verification or adaptation by ENGINEER, as deductibles for such periods of time as requested by CLIENT. appropriate for the specific purpose intended, will be at CLIENT's sole risk and without liability or legal exposure to ENGINEER or to ENGINEER's Consultants. CLIENT shall indemnify and hold harmless ENGINEER and ENGINEER's Consultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting therefrom. G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. H. Any verification or adaptation of the Documents for extensions of the Project or for any other project will entitle ENGINEER to further compensation at rates as defined in Exhibit B. 6.05 Insurance A. ENGINEER shall procure and maintain insurance as set forth below: I. Workers Compensation & Employer's Liability a. Each Occurrence: $1,000,000 2. General Liability a. Each Occurrence: $1,000,000 b. General Aggregate: $2,000,000 3. Excess or Umbrella Liability a. Each Occurrence: $5,000,000 b. General Aggregate: $5,000,000 4. Automobile Liability a. Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 5. Professional Liability a. Each Occurrence: $2,000,000 b. General Aggregate: $2,000,000 B. CLIENT shall cause ENGINEER and ENGINEER's Consultants to be listed as additional insureds on any general liability or property insurance policies carried by CLIENT which are applicable to the Project. C. CLIENT shall require Contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to cause ENGINEER and ENGINEER's Consultants to be listed as additional insureds with respect to ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] Exhibit A Standard Terms and Conditions Page 6 6.06 Termination Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of A. The obligation to provide further services under this Agreement such other party, in respect of all covenants, agreements and may be terminated: obligations of this Agreement. I. For cause, B. Neither CLIENT nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, a. By either party upon 30 days written notice in the moneys that are due or may become due) in this Agreement event of substantial failure by the other party to without the written consent of the other, except to the extent that perform in accordance with the terms hereof through any assignment, subletting, or transfer is mandated or restricted no fault of the terminating party. by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or b. By ENGINEER: discharge the assignor from any duty or responsibility under this Agreement. 1) upon seven days written notice if ENGINEER believes that ENGINEER is being requested by C. Unless expressly provided otherwise in this Agreement: CLIENT to furnish or perform services contrary to ENGINEER's responsibilities as a licensed I. Nothing in this Agreement shall be construed to create, professional; or impose, or give rise to any duty owed by CLIENT or ENGINEER to any Contractor, Contractor's subcontractor, 2) upon seven days written notice ifthe supplier, other individual or entity, or to any surety for or ENGINEER's services for the Project are delayed or employee of any of them. suspended for more than 90 days for reasons beyond ENGINEER's control. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of 3) ENGINEER shall have no liability to CLIENT CLIENT and ENGINEER and not for the benefit of any on account of such termination. other party. The CLIENT agrees that the substance of the provisions of this paragraph 6.08.C shall appear in the c. Notwithstanding the foregoing, this Agreement will Contract Documents. not terminate as a result of such substantial failure if the party receiving such notice begins, within seven 6.09 Dispute Resolution days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure A. CLIENT and ENGINEER agree to negotiate all disputes within no more than 30 days of receipt thereof; between them in good faith for a period of30 days from the date provided, however, that if and to the extent such of notice prior to exercising their rights under provisions of this substantial failure cannot be reasonably cured within Agreement, or under law. In the absence of such an agreement, such 30 day period, and if such party has diligently the parties may exercise their rights under law. attempted to cure the same and thereafter con ti nu es diligently to cure the same, then the cure period B. If and to the extent that CLIENT and ENGINEER have agreed provided for herein shall extend up to, but in no case on a method and procedure for resolving disputes between them more than, 60 days after the date of receipt of the arising out of or relating to this Agreement, such dispute notice. resolution method and procedure is set forth in Exhibit C, "Supplemental Conditions." 2. For convenience, 6.10 Hazardous Environmental Condition a By CLIENT effective upon the receipt of notice by ENGINEER. A. CLIENT represents to Engineer that to the best of its knowledge a Hazardous Environmental Condition does not exist. B. The terminating party under paragraphs 6.06.A. l or 6.06.A.2 may set the effective date of termination at a time up to 30 days B. CLIENT has disclosed to the best of its knowledge to later than otherwise provided to allow ENGINEER to ENGINEER the existence of all Asbestos, PCB's, Petroleum, demobilize personnel and equipment from the Site, to complete Hazardous Waste, or Radioactive Material located at or near the tasks whose value would otherwise be lost, to prepare notes as to Site, including type, quantity and location. the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the obligation to notify CLIENT 6.07 Controlling Law and, to the extent of applicable Laws and Regulations, appropriate governmental officials. A. This Agreement is to be governed by the law of the state in which the Project is located. D. It is acknowledged by both parties thatENGINEER's scope of services does not include any services related to a Hazardous 6.08 Successors, Assigns, and Beneficiaries Environmental Condition. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, A. CLIENT and ENGINEER each is hereby bound and the ENGINEER may, at its option and without liability for partners, successors, executors, administrators and legal consequential or any other damages, suspend performance of representatives of CLIENT and ENGINEER (and to the extent services on the portion of the Project affected thereby until permitted by paragraph 6.08.B the assigns of CLIENT and CLIENT: (i) retains appropriate specialist consultant(s) or ENGINEER) are hereby bound to the other party to this contractor(s) to identify and, as appropriate, abate, remediate, or ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] ExhibitA Standard Tenns and Conditions Page 7 remove the Hazardous Environmental Condition; and (ii) is attributable to bodily injury, sickness, disease, or death, warrants that the Site is in full compliance with applicable Laws or to injury to or destruction of tangible property (other and Regulations. than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph 6.11.A.4. shall E. CLIENT acknowledges that ENGINEER is perfonning obligate CLIENT to indemnify any individual or entity professional services for CLIENT and that ENGINEER is not from and against the consequences of that individual's or and shall not be required to become an "arranger," "operator," entity's own negligence or willful misconduct. "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, 5. The indemnification provision of paragraph 6.11.A.1 is and Liability Act of 1990 (CERCLA), which are or may be subject to and limited by the provisions agreed to by encountered at or near the Site in connection with ENGINEER's CLIENT and ENGINEER in Exhibit C, "Supplemental activities under this Agreement. Conditions," if any. F. IfENGINEER's services under this Agreement cannot be 6.12 Notices perfonned because of a Hazardous Environmental Condition, the existence of the condition shall justify ENGINEER's tenninating A. Any notice required under this Agreement will be in writing, this Agreement for cause on 30 days notice. addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail 6.11 Allocation of Risks postage prepaid, or by a commercial courier service. All notices shall be effective upon the date ofreceipt. A. Indemnification 6.13 Survival !. To the fullest extent pennitted by law, ENGINEER shall indemnify and hold harmless CLIENT, CLIENT's A. All express representations, indemnifications, or limitations of officers, directors, partners, and employees from and liability included in this Agreement will survive its completion against any and all costs, losses, and damages (including or tennination for any reason. but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court 6.14 Severability or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or A. Any provision or part of the Agreement held to be void or ENGINEER's officers, directors, partners, employees, and unenforceable under any Laws or Regulations shall be deemed ENGINEER's Consultants in the perfonnance and stricken, and all remaining provisions shall continue to be valid furnishing ofENGINEER's services under this and binding upon CLIENT and ENGINEER., who agree that the Agreement. Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes 2. To the fullest extent pennitted by law, CLIENT shall as close as possible to expressing the intention of the stricken indemnify and hold harmless ENGINEER., ENGINEER's provision. officers, directors, partners, employees, and ENGINEER's Consultants from and against any and all costs, losses, and 6.15 Waiver damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, f... Non-enforcement of any provision by either party shall not and all court or arbitration or other dispute resolution constitute a waiver of that provision, nor shall it affect the costs) caused solely by the negligent acts or omissions of enforceability of that provision or of the remainder of this CLIENT or CLIENT's officers, directors, partners, Agreement. employees, and CLIENT's consultants with respect to this Agreement or the Project. 6.16 Headings 3. To the fullest extent permitted by law, ENGINEER's total A. The headings used in this Agreement are for general reference liability to CLIENT and anyone claiming by, through, or only and do not have special significance. under CLIENT for any cost, loss, or damages caused in part by the negligence of ENGINEER and in part by the 6.16 Definitions negligence of CLIENT or any othernegligent entity or individual, shall not exceed the percentage share that A. Defined tenns will be in accordance with EJCDC No. 1910-1 ENGINEER's negligence bears to the total negligence of (1996 Edition) CLIENT, ENGINEER., and all other negligent entities and individuals. 4. In addition to the indemnity provided under paragraph 6.11.A.2 of this Agreement, and to the fullest extent pennitted by law, CLIENT shall indemnify and hold harmless ENGINEER and its officers, directors, partners, employees, and ENGINEER's Consultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from a Hazardous Environmental Condition, provided that (i) any such cost, loss, or damage ===== PDF PAGE 21 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A Standard Terms and Conditions Page 8 This Page is Intentionally Left Blank ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] ~ CLIENT Initial TAI Initial [!?iJ2~~R i1 ENGINEERS AND SURVEYORS EXHIBITB SCHEDULE OF HOURLY RATES AND REIMBURSABLE EXPENSES 2021 Reimbursable Expenses 2021 Schedule of Hourly Rates Item Unit Unit Price Classification Billing Rate Engineering Copies Sq.Ft. $0.29 Engineering Intern $55.00 I- 249 Sq. Ft. Engineer Level I $114.00 Engineering Copies Sq.Ft. $0.27 Engineer Level II $126.00 250-999 Sq. Ft. Engineer Level III $138.00 Engineering Copies Sq. Ft. $0.25 1000-3999 Sq. Ft.Engineer Level IV $153.00 Engineer Level V $173.00 Engineering Copies Sq.Ft. $0.23 3999 Sq. Ft. & Up Engineer Level VI $198.00 Mylar Engineering Copies Each $8.00Engineer VII $208.00 up to 24" by 36" Engineer VIII $239.00 Color Presentation Grade Sq.Ft. $5.15 Principal Engineer $245.00 Large Format Print Technician Level I $98.00 Comb Binding> 120 Sheets Each $4.75 Technician Level II $119.00 Comb Binding< 120 Sheets Each $3.50 Technician Level III $139.00 Binding Strips (Engineering Plans) Each $1.00Technician Level IV $151.00 Senior Technician $167.00 5 Mil Laminating Each $1.25 GIS Specialist I $98.00 Copy 11" x 17'' Each $0.50 - ColorGIS Specialist II $114.00 GIS Specialist III $155.00 Copy II" x 17" Each $0.25 - Black and ~ite Clerical Level I $66.00 ' Clerical Level II $78.00 Copy 8.5" x 11" Each $0.25 - Color Clerical Level III $91.00 Copy 8.5" x 11" Each $0.12 Survey Technician Level I $66.00 - Black and White Survey Technician Level II $81.00 Recorded Documents Each $25.00 Survey Crew Chief $166.00 Plat Research Time and MaterialProfessional Land Surveyor $200.00 Department Director $198.00 Per Diem Each Day $30.00 Prevailing Wage Survey Foreman•• $191.00 Field I Survey Truck Each Day $45.00 Prevailing Wage Survey Worker** $186.00 Postage and Freight Cost Sub Consultants Cost Plus 5% Mileage Per Mile Federal Rate **Rates will be escalated for Overtime & Holiday Pay to acijustfor Premium Time based on the current Illinois Department of Labor Rules Note: On January J" of each year, the fees and hourly rates may be escalated by an amount not to exceedjive (5) percent. ===== PDF PAGE 23 ===== [Extraction: OCR (rendered-page OCR)] Exhibit B Schedule of Hourly Rates & Reimbursable Expenses Page 2 This Page is Intentionally Left Blank ===== PDF PAGE 24 ===== [Extraction: OCR (rendered-page OCR)] CLIENT Initial TAI Initial FS AN ROTTER ASSOCIATES, INC. ENGINEERS AND SURVEYORS EXHIBIT C SUPPLEMENTAL CONDITIONS NONE AT THIS TIME ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] ~ CLIENT Initial TAI Initial ~~~~C!,'~~R L1 ENGINEERS AND SURVEYORS This Page Is Intentionally Left Blank ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] CLIENT Initial TAI Initial ENGINEERS AND SURVEYORS EXHIBITD CONTRACT ADDENDUM Project Name: ________ _ Project No.---------- Addendum No. _______ _ This is an addendum attached to, made part of and incorporated by reference into the Agreement between CLIENT and ENGINEER for modification of scope and compensation for the PROJECT. All other terms and conditions of the original Agreement between CLIENT and ENGINEER are unchanged by this Contract Addendum and shall remain in full force and effect and shall govern the obligations of both CLIENT and ENGINEER, including obligations created by this Contract Addendum. The contract modifications are described below: 1. 2. CONTRACT SUMMARY Original Contract Amount $_____ _ Changes Prior to This Change $_____ _ _ Amount of This Change $______ _ Revised Contract Amount: $______ _ For purposes of expediency, ENGINEER and CLIENT agree that an executed electronic version of this Contract Addendum shall suffice. The original of this Contract Addendum shall be returned to ENGINEER after execution. CLIENT: ENGINEER: [ TROTTER AND ASSOCIATES, INC. SIGNED: TITLE TITLE ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] Exhibit D Contract Addendum Page 2 This Page Is Intentionally Left Blank