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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: 10.4.4. _
Hiring Consultants to Assist the Staff and City Council for
Reviewing and Providing Guidance Regarding the Public FILE NUMBER:
Hearing for Site Location of the Proposed West DuPage
Recycling and Transfer Station COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: 10/03/2022
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
Attached are Contracts or Letters of Engagement for continuing to use the services of Klein, Thorpe and
Jenkins, Aptim Environmental and Walter Willis. The staff attorney for this process would be Jerry
Callaghan of O’Donnell Callaghan. The hearing officer agenda item requires the City Council to concur
with the Mayor’s appointment.
STAFF RECOMMENDATION:
Advise and Consent to the Appointment by Mayor Pineda of Derke J. Price to Act as the Hearing Officer
During the Public Hearing Concerning the Application for Site Location for the West DuPage Recycling
and Transfer Station Located at 1655 Powis Road in West Chicago (Billing Rate Not to Exceed
$350/Hour).
Approve the Use of the Following Consultants for Reviewing and Providing Guidance Regarding the
Application and During the Public Hearing for Site Location for the West DuPage Recycling and Transfer
Station Located at 1655 Powis Road in West Chicago: Klein, Thorpe and Jenkins Ltd. (Billing Rate Not
to Exceed $300.00/Hour); Aptim Environmental & Infrastructure LLC (Billing Rate Not to Exceed
$215/Hour); O’Donnell Callaghan LLC (Billing Rate Not to Exceed $425/Hour) and Walter Willis (Billing
Rate Not to Exceed $175/Hour).
COMMITTEE RECOMMENDATION:
This item did not go to Committee.

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Anc e | A Professional Corporation Derke J. Price
° 140 South Dearborn Street, Suite 600 dprice@ancelglink.com
1 nN Chicago, IL 60603 (P) 312.782.7606 Ext. 4612
www.ancelglink.com (F) 312.782.0943
September 22, 2022
Via email: dgwalsh@ktjlaw.com
Mr. Dennis Walsh
Klein, Thorpe and Jenkins
20 N. Wacker Drive, Suite 1660
Chicago, IL 60606
Re: Services as Hearing Officer for City of West Chicago, IL
Dear Dennis:
I am grateful for the opportunity to be considered for appointment to the position of Hearing Officer for
the application for a transfer station in the City of West Chicago, Illinois. I have conducted a conflict
check concerning the applicant and I am clear to serve in that capacity.
As you know, Ancel Glink is a firm devoted to providing legal services to local units of government. I
have worked for various units of government on a variety of pollution control facility applications,
including as hearing officer for the application for the transfer station in Rockdale, Illinois. I have also
served as the hearing officer for the landfill expansion in Winnebago County. I also have experience in
one capacity or another in the siting of 4 transfer stations and the preliminary stages of medical waste
transfer station, as well as several applications related to landfills. For all of the pollution control facility
applications in which I and the firm have been involved, we have worked for the host unit of government
in one capacity or another. We have not worked for any waste hauler or pollution control facility
operator. I have also served as an administrative hearing officer in many other contexts, including service
as Chair of the Naperville Plan Commission.
Our firm’s rate for services in connection with pollution control facilities is $350.00 per hour for my time.
We do not charge for travel or time for travel, but do charge for other reimbursable expenses such as
courier, electronic research, and copying. Should I require the use of one of our paralegals to assist me,
the rate for paralegal work will be $125.00 per hour. Other terms of service are attached hereto.
I would be pleased to meet with any officials from the City and staff you believe appropriate. You may
reach me at the numbers listed or any time using my cell phone: 630.730.5427.
Thank you again for your consideration of my qualifications.
Sincerely,
Derke J. Price
CHICAGO ® VERNONHILLS ¢ NAPERVILLE @® CRYSTALLAKE ® BLOOMINGTON ¢ MOLINE

===== PDF PAGE 39 =====
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September 19, 2022
Mr. Michael Guttman, City Administrator
City of West Chicago, City Hall
475 Main Street
West Chicago, IL 50185
Subject: Proposal to Provide Waste Management Consulting Services to the City of
West Chicago
Dear Mr. Guttman:
I am pleased to provide a proposal to the City of West Chicago to assist in the review of
the siting application submitted by LRS for a municipal waste transfer station. The
proposed scope of work and estimated cost is provided below.
Scope of Work
The scope of work associated with this project will include the following:
Assisting City staff and City staff's legal counsel review the siting application and
assembling a team of experts to review the different sections of the siting
application if necessary.
Attending all public hearings related to the siting application. For budgeting
purposes assumed attendance at three, 8-hour public hearings.
Assisting City staffs attorney develop questions for LRS’s expert witnesses as
needed.
Providing expert analysis on two of the criteria (Need for the Facility and
Consistency with the County Plan) and providing expert witness testimony if
needed.
Assisting the City staffs attorney develop a draft findings of fact and any special
conditions if local siting is proposed to be approved by City staff to the City
Council.
Proposed Budget
I will invoice on a time and materials basis with a not-to-exceed budget for the above
scope of work of $8,750 (hourly rate of $175 times an estimated 50 hours). This
budget will not be exceeded without the prior approval of the City.
I appreciate your consideration of this proposal. Please contact me at 630/621-0736 if
you have any questions. Please sign below if you accept this proposal.

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Sincerely, -
“ps a /.
hJo\—
“Walter S. Willis
4
Proposal Accepted by:
Title:

===== PDF PAGE 41 =====
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O’Donnell Callaghan LLC
Robert T. O'Donnell 28045 N. Ashley Circle, Suite 101 847-367-2750
Gerald P. Callaghan Libertyville, Illinois 60048 Fax: 847-367-2758
Hayleigh K. Herchenbach jeallaghan@ och-law.com
Richard S, Mittelman, P.C.
of counsel
September 19, 2022
Via Email
City of West Chicago
c/o Dennis Walsh
Klein, Thorpe & Jenkins
20 N. Wacker Drive, Suite 1660
Chicago, IL 60606
Re: Engagement Letter with West Chicago
Dear Dennis:
O’Donnell Callaghan LLC agrees to represent the City of West Chicago (“City”) in
connection with the waste transfer station proposed by Lakeshore Recycling Services (“LRS”) on
property located on the east side of Powis Road, south of North Avenue (the "Engagement"), Our
role will be to work with the City’s consultants and certain members of the City staff to conduct an
independent review of LRS’s proposed transfer station. Our services will include participation in the
siting hearing for the proposed transfer station. The terms of our representation are set forth in this
letter.
I will be principally responsible for the Engagement, My billing rate is $425 per hour. The
rate for an associate attomey is $295 per hour. The rate of paralegals will be their normal standard
rates. Our rates are reviewed at least annually and may be increased during the course of our
representation of the City.
We will bill the City monthly. Our bills will identify the date of service, service provider,
description of services rendered each day, the amount of time spent each dayand the applicable hourly
rate. Any out-of-pocket expenses that we incur on the City’s behalf are passed through directly
without premium or surcharge. All out-of-pocket expenses will be specifically identified on each bill.
Out-of-pocket expenses do not include mileage, meals or copying, except for large copying jobs
requested by City staff. In addition, the City agrees that payment of our fees is not conditioned on our
success in any particular matter involving the Engagement.

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c/o Dennis Walsh
September 19, 2022
Page 2
If the terms of this letter are acceptable to the City, please have an authorized representative
sign a copy of this letter and return it to me.
Very truly yours,
O’Donnell Callaghan LLC
Gerald P. Callaghan
AGREED TO AND ACCEPTED:
CITY OF WEST CHICAGO
By: Date:
Its:

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APTIM
a 1607 East Main Street
St Charles, Illinois 60174
een ee
www.aptim.com
September 23, 2022
Mr. Michael Guttman
Administrator
City of West Chicago
475 Main Street
West Chicago, IL 60185
Subject: Change Order Proposal to Provide West Chicago Staff Attorney with Technical
Assistance Supporting Review of the Municipal Solid Waste Transfer Station Siting
Application filed on September 16 and during the Public Hearing of the Proposal
Dear Mr. Guttman:
At the request of the City of West Chicago (City), Aptim Environmental & Infrastructure, LLC (Aptim) is
providing this proposal to provide technical assistance through the City’s review of the municipal solid
waste transfer station siting application that was filed on September 16, and through the public hearing
on that proposal. More specifically, our proposed scope includes reporting to legal counsel for the City
on issues identified during the pre-file review, including guidance on whether those issues have been
addressed by the applicant and serving as a technical resource for the City including aiding in developing
cross examination questions and addressing issues that arise during the hearing. We have assumed no
more than three days of hearing attendance.
As our previously approved budget has been exhausted, we are proposing an additional budget of
$19,360 for these services. If acceptable, please sign the Change Order Form in Attachment 1 and return
it to my attention to allow us to commence work as directed. Meanwhile, please do not hesitate to contact
me with any questions. | can be reached at 630-762-3322.
Sincerely,
Aptim Environmental & Infrastructure, LLC
~/-
Martin N. Fallon, P.G.
Project Manager

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OOOO
ATTACHMENT 1
Existing Contract
APTIM

===== PDF PAGE 45 =====
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© 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 either 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) ycars
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 a: to in writing,

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[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’ 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) duc 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 gencrally and currently accepted
professional practices and standards governing
recognized firms in the arca 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,
employces 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 - CLIENTS 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 AMO)
MAY BE REQUIRED BY LAW OR,
aprim. WAL cus

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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
Agrecment 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 (madc at
least twenty calendar days prior to the formal trial) to
settle such litigation.
¢. 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
apTim WA CLIEN

===== PDF PAGE 48 =====
[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.
June +4
Executed on
2019
CLIENT
Client Name:
By (Sign):
Print Name: (Cuban a NEA
Title: Mou ov
Address: “4715 Matin st. West Chi cago Nt bol RS
Phone: (430) 243 -2.2.00
Fax: (430) A913 - B02 F
E-mail: AAAMe@ westchicago. org
Gold
APTIM ENVIRO! A FRASTRUCTURE, LLC
By (Sign): Y
Print Name:_ Devin Moose ;
Title: Direcka-
Address: (WoT EF. Maia Sy, aS gles Me
Phone: (430) to }- 1YOo
Fax: (G30) WWa- \4o9
E-mail: devia s ry00 se ra aphirr, com
Page 4 of 4
APTIM i! CLIENT.

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ATTACHMENT 2
Change Order Form
APTIM

===== PDF PAGE 50 =====
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D Change Order Form
a
APTIM
Project Name: City of West Chicago — Transfer Station Application Review
Job No. 631009818 Change No. 3 Page: 1 of 1
Date Prepared September 23, 2022 Required Client Approval Date:
Original SOW Requirements:
$35,000 Originally Approved for to provide municipal solid waste transfer station application review services to the City
for a draft application. An increase of the approved budget by $44,500 to a total of $79,500 was also previously
approved as Change Nos. 1 and 2 for review of three subsequent draft applications.
Change:
Provide technical assistance through the City’s review of the municipal solid waste transfer station siting application that
was filed on September 16, and through the public hearing on that proposal.
Justification:
Addition of Services
Impact:
Cost Impact: $19,360
Schedule Impact: None
Risk Profile Impact: None
{Addition
Change Type: Deletion
(JOver-Run Under-Run [X]Scope Change Schedule Change
Fee Bearing:
Modification Required
Additional Funding Required
APTIM Approvals:
Client Approval:
9/23/22
Project Manager Date Project Manager
Project Controls Manager Date Contract Officer
Contracts Manager