Engineering Srvs. Agreement for Water System SCADA and Operations Rehabilitation CONTRACT BETWEEN
THE VILLAGE OF OAK BROOK
AND TROTTER AND ASSOCIATES, INC.
PROFESSIONAL SERVICES FOR WATER SYSTEM SCADA AND
OPERATIONS REHABILITATION
In consideration of the agreements set forth below, the Village of Oak
Brook, Illinois, 1200 Oak Brook Road, Oak Brook, Illinois 60523, a unit of local
government created and existing under the laws of the State of Illinois (the "Owner"
or "Village"), and Trotter and Associates, Inc., 40W201 Wasco Road, Suite D,
St. Charles, Illinois 60175, an engineering firm (the "Consultant"), make this
Contract as ofc7��' (� , 2020, and hereby agree as follows:
ARTICLE I
THE SERVICES
1.1 Performance of the Services
Consultant shall, at its sole cost and expense, provide, perform, and complete
all of the following services, all of which is herein referred to as the "Services":
A. Labor, Equipment, Materials, and Supplies. Provide, perform, and
complete, in the manner described and specified in this Contract, all professional
services necessary to accomplish the "Project," as defined in the following:
1. The Consultant's Proposal for Professional Services for Water System
SCADA and Operations Rehabilitation is attached to this Contract as
Attachment A, and
2. With the insurance coverage listed in Attachment B attached to this
Contract.
B. Insurance. Procure and furnish all required certificates and policies of
insurance specified in Attachment B.
C. Standard of Performance. Provide, perform, and complete all of the
foregoing in a professional manner, consistent with the professional standards of
care of qualified engineers doing similar service in the Chicago Metropolitan Area
and in full compliance with this Contract (the "Standard of Performance").
1.2 Completion Date
Consultant shall diligently and continuously perform the Services at such a
rate as will allow the Services to be fully performed and completed in compliance
with this Contract not later than June 30, 2021 ("Completion Date"). The rate of
progress and time of completion are referred to in this Contract as the "Contract
Time."
1.3 Required Submittals
A. Submittals Required. Consultant shall submit to Owner all reports,
documents, data, and information required to be submitted by Consultant under
this Contract (the "Required Submittals").
B. Time of Submission and Owner's Review. All Required Submittals
shall be provided to Owner no later than the time, if any, specified in Attachment A,
or otherwise in this Contract. If no time for submission is specified for any
Required Submittal, then that Submittal shall be submitted within a reasonable
time in light of its purpose and, in all events, in sufficient time, in Owner's opinion,
to permit Owner to review that Submittal same prior to the commencement of any
part of the Services to which that Submittal may relate. Owner shall have the right
to require such corrections as may be necessary to make any Required Submittal
conform to this Contract. No Services related to any Required Submittal shall be
performed by Consultant until Owner has completed review of such Required
Submittal with no exception noted. Owner's review and approval of any Required
Submittal shall not relieve Consultant of the entire responsibility for the
performance of the Services in full compliance with, and as required by or pursuant
to this Contract, and shall not be regarded as any assumption of risk or liability by
Owner. The Consultant shall not be held liable for claims of delay caused by the
Owner's failure to timely review and approve any Required Submittal.
1.4 Review and Incorporation of Contract Provisions
Consultant represents and declares that it has carefully reviewed, and fully
understands, this Contract, including all of its Attachments, all of which are by this
reference incorporated into and made a part of this Contract.
1.5 Financial and Technical Ability to Perform
Consultant represents and declares that it is financially solvent, and has the
financial resources necessary, and has sufficient experience and competent, and has
the necessary capital, facilities, organization, and staff necessary to provide,
perform, and complete the Services in full compliance with, and as required by or
pursuant to, this Contract.
1.6 Time
Consultant represents and declares that the Contract Time is sufficient time
to permit completion of the Services in full compliance with, and as required by or
pursuant to, this Contract for the Contract Price.
1.7 Consultant's Personnel and Sub-Consultants
A. Consultant's Personnel. Consultant shall provide all personnel
necessary to complete the Services.
B. Approval and Use of Sub-Consultants. Consultant shall perform the
Services with its own personnel and under the management, supervision, and
control of its own organization unless otherwise approved by Owner in writing. All
sub-consultants and subcontracts used by Consultant shall be acceptable to, and
approved in advance by, Owner. Owner's approval of any sub-consultant or
subcontract shall not relieve Consultant of full responsibility and liability for the
provision, performance, and completion of the Services in full compliance with, and
as required by or pursuant to, this Contract. All Services performed under any
subcontract shall be subject to all of the provisions of this Contract in the same
manner as if performed by employees of Consultant. Every reference in this
Contract to "Consultant" shall be deemed also to refer to all sub-consultants of
Consultant. Every subcontract shall include a provision binding the sub-consultant
to all provisions of this Contract.
C. Removal of Personnel and Sub-Consultants. If any personnel or sub-
consultant fails to perform the part of the Services undertaken by it in compliance
with this Contract or in a manner reasonably satisfactory to Owner, Consultant,
immediately upon notice from Owner, shall remove and replace such personnel or
sub-consultant. Consultant shall have no claim for damages, for compensation in
excess of the Contract Price, or for a delay or extension of the Contract Time as a
result of any such removal or replacement.
1.8 Owner's Responsibilities
Owner shall, at its sole cost and expense: (a) designate in writing a person
with authority to act as Owner's representative and on Owner's behalf with respect
to the Services except those matters that may require approval of Owner's Board of
Trustees; (b) provide to Consultant all criteria and full information as to Owner's
requirements for the Project or work to which the Services relate, including Owner's
objectives and constraints, schedule, space, capacity and performance requirements,
and budgetary limitations relevant to the Project; (c) provide to Consultant existing
studies, reports, and other available data relevant to the Project; (d) arrange for
access to and make all provisions for Consultant to enter upon public and private
property as reasonably required for Consultant to perform the Services; (e) provide
surveys describing physical characteristics, legal limitations, and utility locations
for the Project and the services of geotechnical engineers or other consultants when
such services are reasonably requested by Consultant and are necessary for the
performance of the Services; (f) provide structural, mechanical, chemical, air and
water pollution tests, test for hazardous materials, and other laboratory and
environmental tests, inspections, and reports required by law to be provided by
Owner in connection with the Project; (g) review Required Submittals and other
reports, documents, data, and information presented by Consultant as appropriate;
(h) provide approvals from all governmental authorities having jurisdiction over the
Project when such services are reasonably requested by Consultant; (i) except as
provided in Article IV of this Contract, provide all accounting, insurance, and legal
counseling services as may be necessary from time to time in the judgment of
Owner to protect Owner's interests with respect to the Project; 6) attend Project
related meetings; and (k) give written notice to Consultant whenever Owner
observes or otherwise becomes aware of any development that affects the scope or
timing of the Services, provided, however, that failure to give such notice shall not
relieve Consultant of any of its responsibilities under this Contract.
1.9 Owner's Right to Terminate or Suspend Services for Convenience
A. Termination or Suspension for Convenience. Owner shall have the
right, at any time and for its convenience, to terminate or suspend the Services in
whole or in part at any time by written notice to Consultant. Every such notice
shall state the extent and effective date of such termination or suspension. On such
effective date, Consultant shall, as and to the extent directed, stop Services under
this Contract, cease all placement of further orders or subcontracts, terminate or
suspend Services under existing orders and subcontracts, and cancel any
outstanding orders or subcontracts that may be canceled.
B. Payment for Completed Services. In the event of any termination
pursuant to Subsection 1.9A above, Owner shall pay Consultant (1) such direct
costs, including overhead, as Consultant shall have paid or incurred for all Services
done in compliance with, and as required by or pursuant to, this Contract up to the
effective date of termination; and (2) such other costs pertaining to the Services,
exclusive of overhead and profit, as Consultant may have reasonably and
necessarily incurred as the result of such termination. Any such payment shall be
offset by any prior payment or payments and shall be subject to Owner's rights, if
any, to withhold and deduct as provided in this Contract.
ARTICLE II
CHANGES AND DELAYS
2.1 Changes
Owner shall have the right, by written order executed by Owner, to make
changes to the timing or scope of the Services to be provided pursuant to this
Contract (a "Services Change Order"). When a Services Change Order causes an
increase or decrease in the amount of the Services, an equitable adjustment in the
Contract Price or Contract Time may be made. No decrease in the amount of the
Services caused by any Services Change Order shall entitle Consultant to make any
claim for damages, anticipated profits, or other compensation. Consultant shall not
undertake any change in the Services without receipt of an executed Services
Change Order from Owner.
2.2 Delays
For any delay that may result from causes that could not be avoided or
controlled by Consultant, Consultant, upon timely written application, shall be
entitled to an extension of the Contract Time for a period of time equal to the delay
resulting from such unavoidable cause. No extension of the Contract Time shall be
allowed for any other delay in completion of the Services. In the event of a delay in
the project outside of the control of Consultant that affects Consultant's ability to
perform the Services, the Contract Price shall be adjusted for any actual increase in
costs necessarily incurred by Consultant in the performance of the Services.
2.3 No Constructive Service Change Orders
No claim for an equitable adjustment in the Contract Price or Contract Time
shall be made or allowed unless it is embodied in a Services Change Order agreed to
by Owner and Consultant. If Consultant believes it is entitled to an equitable
adjustment in the Contract Price or Contract Time that has not been included, or
fully included, in a Services Change Order, then Consultant shall submit to Owner
a written request for the issuance of, or revision of, a Services Change Order,
including the equitable adjustment, or the additional equitable adjustment, in the
Contract Price or Contract Time that Consultant claims has not been included, or
fully included, in a Services Change Order. Such request shall be submitted before
Consultant proceeds with any Services for which Consultant claims an equitable
adjustment is due.
ARTICLE III
CONSULTANT'S RESPONSIBILITY FOR DEFECTIVE SERVICES
3.1 Representation of Compliance
A. Scope of Representation. The Services and all of its components shall
conform to the requirements of this Contract and shall be performed in accordance
with Standard of Performance as defined in Subsection 1.1C of this Contract (the
"Representation of Compliance").
B. Opinions of Cost. It is recognized that neither Consultant nor Owner has
control over the costs of labor, material, equipment or services furnished by
others or over competitive bidding, market or negotiating conditions, or
construction contractors' methods of determining their prices. Accordingly,
any opinions of probable Project costs or construction costs provided for
herein are estimates only, made on the basis of Consultant's experience and
qualifications and represent Consultant's best judgment as an experienced
and qualified professional, familiar with the industry. Consultant does not
guaranty that proposals, bids or actual Project costs or construction costs will
not vary from opinions of probable cost prepared by Consultant. Nonetheless,
in the event that the engineer's estimate of costs is 20% or more less than the
lowest responsible bid received, the Consultant will prepare new materials, if
required by the Owner, so that the project can be re-bid or reevaluation
without making any additional costs upon the Owner. "Provided, however,
that in the event that the lowest bid from a qualified bidder is 25% or more
higher than the engineer's estimate, the engineer will work with the Village,
at its request, to revise the project documents and will only charge 50% of the
regular costs of services for making such modifications."
3.2 Corrections
Consultant shall be responsible for the quality, technical accuracy,
completeness and coordination of all Services under this Contract. Consultant
shall, promptly and without charge, correct all errors in any Services provided by
Consultant.
3.3 Risk of Loss
The Services shall be provided, performed, and completed at the risk and cost
of Consultant. Consultant shall be responsible for damages to property or persons
to the extent caused by Consultant's errors, omissions, or negligent acts and for any
losses or costs to repair or remedy any work undertaken by Owner based on the
Services as a result of any such errors, omissions, or negligent acts.
Notwithstanding any other provision of this Contract, Consultant's obligations
under this Section 3.3 shall exist without regard to, and shall not be construed to be
waived by, the availability or unavailability of any insurance, either of Owner or
Consultant, to indemnify, hold harmless, or reimburse Consultant for such
damages, losses, or costs.
ARTICLE IV
INSURANCE; INDEMNIFICATION
4.1 Insurance
Contemporaneous with Consultant's execution of this Contract, Consultant
shall provide certificates and policies of insurance evidencing at least the minimum
insurance coverage and limits set forth in Attachment B. For good cause shown,
Owner may extend the time for submission of the required policies of insurance
upon such terms, and with such assurances of complete and prompt performance, as
Owner may impose in the exercise of its sole discretion. Such policies shall be in a
form reasonably acceptable to Owner. Such insurance shall provide that no change
to or cancellation of any insurance, nor any reduction in limits or coverage or other
modifications affecting this Agreement, shall become effective until the expiration of
30 days after written notice thereof shall have been given by the insurance company
to Owner. Consultant shall, at all times while providing, performing, or completing
the Services, including without limitation at all times while providing corrective
Services pursuant to Section 3.2 of this Contract, maintain and keep in force, at
Consultant's expense, at least the minimum insurance coverage and limits set forth
in Attachment B.
4.2 Indemnification
Consultant, without regard to the availability or unavailability of any
insurance, either of Owner or Consultant, shall, to the fullest extent permitted by
law, indemnify, save harmless, and reimburse Owner against any and all lawsuits,
claims, demands, damages, liabilities, losses, and expenses, including reasonable
attorneys' fees, that may arise or be alleged to have arisen out of or in connection
with Consultant's failure to meet its obligations or representations in this Contract
or Consultants negligent acts, errors, or omissions except only to the extent caused
by the sole negligence of Owner.
ARTICLE V
PAYMENT
5.1 Contract Price
Owner shall pay to Consultant, in accordance with and subject to the terms
and conditions set forth in this Article V and Attachment A, and Consultant shall
accept in full satisfaction for providing, performing, and completing the Services,
the amount or amounts in the schedule of hourly rates and reimbursable expenses
set forth in Attachment A ("Contract Price"), subject to any additions, deductions, or
withholdings provided for in this Contract. The contract price shall not exceed
$1,384,150.00. If the price for the Contract in Attachment A is stated as an
estimated price based upon the hours actually spent in the project or some other
uncertain price standard and the Consultant finds that the estimated price stated
in Attachment A will be exceeded, the Consultant shall be required to present in
writing to the Owner, a letter indicating that the projected price will not cover all of
the work and a new projected price shall be inserted. The Consultant shall not do
any work in excess of the initially estimated or later approved maximum price
without having received the written approval of the Village Manager. This
provision shall not apply in situations in which the Owner requests additional
services not covered by this Contract and an agreed-upon price for such services has
been authorized in writing by the Village Manager
5.2 Taxes, Benefits and Royalties
The Contract Price includes applicable federal, state, and local taxes of every
kind and nature applicable to the Services as well as all taxes, contributions, and
premiums for unemployment insurance, old age or retirement benefits, pensions,
annuities, or other similar benefits. Consultant shall have no claim or right to
claim additional compensation by, reason of the payment of any such tax,
contribution, premium, costs, royalties, or fees.
5.3 Progress Payments
A. Payment in Installments. The Contract Price shall be paid in monthly
installments.
B. Pay Requests. Consultant shall, as a condition precedent to its right to
receive each Progress Payment, submit to Owner an invoice accompanied by such
receipts, vouchers, and other documents as may be necessary to reasonably
establish Consultant's prior payment for all labor, material, and other things
covered by the invoice and the absence of any lien or other interest of any party in
regard to the Services performed under this Contract. In addition to the foregoing,
such invoice shall include (a) employee classifications, rates per hour, and hours
worked by each classification, and, if the Services are to be performed in separate
phases, for each phase; (b) total amount billed in the current period and total
amount billed to date, and, if the Services are to be performed in separate phases,
for each phase; (c) the estimated percent completion, and, if the Services are to be
performed in separate phases, for each phase; and (d) Consultant's certification
that, to the best of Consultant's knowledge, information, and belief, all prior
Progress Payments have been properly applied to the Services with respect to which
they were paid. Owner may, by written notice to Consultant, designate a specific
day of each month on or before which pay requests must be submitted.
5.4 Final Acceptance and Final Pam
The Services or, if the Services are to be performed in separate phases, each
phase of the Services, shall be considered complete on the date of final written
acceptance by Owner of the Services or each phase of the Services, as the case may
be, which acceptance shall not be unreasonably withheld or delayed. The Services
or each phase of the Services, as the case may be, shall be deemed accepted by
Owner if not objected to in writing within 30 days after submission by Consultant of
the Services or such phase of Services for final acceptance and payment plus, if
applicable, such additional time as may be considered reasonable for obtaining
approval of governmental authorities having jurisdiction to approve the Services, or
phase of Services, as the case may be. Within 30 days after final acceptance, Owner
shall pay to Consultant the balance of the Contract Price or, if the Services are to be
performed in separate phases, the balance of that portion of the Contract Price with
respect to such phase of the Services, after deducting therefrom charges, if any,
against Consultant as provided for in this Contract ("Final Payment"). The
acceptance by Consultant of Final Payment with respect to the Services or a
particular phase of Services, as the case may be, shall operate as a full and complete
release of Owner of and from any and all lawsuits, claims, or demands for further
payment of any kind for the Services or, if the Services are performed in separate
phases, for that phase of the Services.
5.5 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of
this Contract, Owner shall have the right to deduct and withhold from any Progress
or Final Payment that may be or become due under this Contract such amount as
may reasonably appear necessary to compensate Owner for any loss due to (1)
Services that are defective, nonconforming, or incomplete; (2) liens or claims of lien;
(3) claims of Consultant's sub-consultants, suppliers, or other persons regardless of
merit; (4) delay by Consultant in the completion of the Services; (5) the cost to
Owner, including reasonable attorneys' fees, of correcting any of the aforesaid
matters or exercising any one or more of Owner's remedies set forth in Section 6.1 of
this Contract. Owner shall notify Consultant in writing given in accordance with
Section 7.8 of this Contract of Owner's determination to deduct and withhold funds,
which notice shall state with specificity the amount of, and reason or reasons for,
such deduction and withholding.
B. Use of Withheld Funds. Owner shall be entitled to retain any and all
amounts withheld pursuant to Subsection 5.5A above until Consultant shall have
either performed the obligations in question or furnished security for such
performance satisfactory to Owner. Owner shall be entitled to apply any money
withheld or any other money due Consultant under this Contract to reimburse itself
for any and all costs, expenses, losses, damages, liabilities, suits, judgments,
awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or
sustained by Owner and chargeable to Consultant under this Contract. Owner
shall notify Consultant in writing given in accordance with Section 7.8 of this
Contract of each application by Owner of money to reimburse such Costs.
5.6 Accounting
Consultant shall keep accounts, books, and other records of all its billable
charges and costs incurred in performing the Services in accordance with generally
accepted accounting practices, consistently applied, and in such manner as to
permit verification of all entries. Consultant shall make all such material available
for inspection by Owner, at the office of Consultant during normal business hours
during this Contract and for a period of three years after termination of this
Contract. Copies of such material shall be furnished, at Owner's expense, upon
request.
ARTICLE VI
REMEDIES
6.1 Owner's Remedies
If it should appear at any time prior to Final Payment for all work that
Consultant has failed or refused to perform, or has delayed in the performance of,
the Services ("Event of Default"), and has failed to cure any such Event of Default
within five business days after Consultant's receipt of written notice of such Event
of Default, then Owner shall have the right, at its election and without prejudice to
any other remedies provided by law or equity, to pursue any one or more of the
following remedies:
1. Owner may require Consultant, within such reasonable time as may be
fixed by Owner, to complete or correct all or any part of the Services
that are defective, nonconforming, or incomplete and to such other
action as is necessary to bring Consultant and the Services into
compliance with this Contract.
2. Owner may terminate this Contract without liability for further
payment of amounts due or to become due under this Contract.
3. Owner may recover from Consultant any and all costs, including
reasonable attorneys' fees, incurred by Owner as the result of any
Event of Default or as a result of actions taken by Owner in response
to any Event of Default.
6.2 Consultant's Remedy
Consultant may terminate this Contract upon for failure of Owner to make
Progress Payments to which Consultant is entitled if Owner has failed to cure such
failure within five business days after Owner's receipt of written notice from
Consultant of such failure.
6.3 Terminations and Suspensions by Owner Deemed for Convenience
Any termination or suspension by Owner of Consultant's rights under this
Contract for an alleged default that is ultimately held unjustified shall
automatically be deemed to be a termination or suspension for the convenience of
Owner under Section 1.9 of this Contract.
ARTICLE VII
LEGAL RELATIONSHIPS AND REQUIREMENTS
7.1 Binding Effect
This Contract shall be binding on Owner and Consultant and on their
respective heirs, executors, administrators, personal representatives, and permitted
successors and assigns. Every reference in this Contract to a party shall also be
deemed to be a reference to the authorized officers, employees, agents, and
representatives of such party.
7.2 Relationship of the Parties
Consultant shall act as an independent contractor in providing and
performing the Services. Nothing in, nor done pursuant to, this Contract shall be
construed (1) to create the relationship of principal and agent, partners, or joint
venturers between Owner and Consultant or (2) to create any relationship between
Owner and any sub-consultant of Consultant.
7.3 No Collusion
Consultant hereby represents and certifies that Consultant is not barred
from contracting with a unit of state or local government as a result of (i) a
delinquency in the payment of any tax administered by the Illinois Department of
Revenue unless Consultant is contesting, in accordance with the procedures
established by the appropriate revenue Act, its liability for the tax or the amount of
the tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either Section 33E-3
or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et
seq. Consultant hereby represents that the only persons, firms, or corporations
interested in this Contract as principals are those disclosed to Owner prior to the
execution of this Contract, and that this Contract is made without collusion with
any other person, firm, or corporation. If at any time it shall be found that
Consultant has, in procuring this Contract, colluded with any other person, firm, or
corporation, then Consultant shall be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract shall, at Owner's option, be null and
void.
7.4 Assignment
Consultant shall not (1) assign this Contract in whole or in part, (2) assign
any of Consultant's rights or obligations under this Contract, or (3) assign any
payment due or to become due under this Contract without the prior express
written approval of Owner, which approval may be withheld in the sole and
unfettered discretion of Owner; provided, however, that Owner's prior written
approval shall not be required for assignments of accounts, as defined in the Illinois
Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial
Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of
Consultant.
7.5 Confidential Information
All information supplied by Owner to Consultant for or in connection with
this Contract or the Services shall be held confidential by Consultant and shall not,
without the prior express written consent of Owner, be used for any purpose other
than performance of the Services.
7.6 No Waiver
No act, order, approval, acceptance, or payment by Owner, nor any delay by
Owner in exercising any right under this Contract, shall constitute or be deemed to
be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or
incomplete Services, nor operate to waive any requirement or provision of this
Contract or any remedy, power, or right of Owner.
7.7 No Third Party Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm,
or corporation (other than Owner and Consultant) shall be made or be valid against
Owner or Consultant.
7.8 Notices
All notices required or permitted to be given under this Contract shall be in
writing and shall be deemed received by the addressee thereof when delivered in
person on a business day at the address set forth below or after being deposited in
the United States mail, for delivery at the address set forth below by properly
addressed, postage prepaid, certified or registered mail, return receipt requested.
Notices and communications to Owner shall be addressed to, and delivered
at, the following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Doug Patchin, Public Works Director
Notices and communications to Consultant shall be addressed to, and
delivered at, the following address:
Trotter and Associates, Inc.
40W201 Wasco Road, Suite D
St. Charles, Illinois 60175
Attention: Scott Trotter, P.E., BCEE — President/CEO
The foregoing shall not be deemed to preclude the use of other non-oral means of
notification or to invalidate any notice properly given by any such other non-oral
means.
By notice complying with the requirements of this Section 7.8, Owner and
Consultant each shall have the right to change the address or addressee or both for
all future notices to it, but no notice of a change of address or addressee shall be
effective until actually received.
7.9 Governing Laws
This Contract and the rights of Owner and Consultant under this Contract
shall be interpreted according to the internal laws, but not the conflict of laws rules,
of the State of Illinois; the venue for any legal action arising in connection with this
Contract shall be in the Circuit Court of DuPage County, Illinois.
7.10 Changes in Laws
Unless otherwise explicitly provided in this Contract, any reference to laws
shall include such laws as they may be amended or modified from time to time.
7.11 Compliance with Laws and Grants
The Services shall be provided, performed, and completed in accordance with
all required governmental permits, licenses, or other approvals and authorizations,
and with applicable statutes, ordinances, rules, and regulations. This requirement
includes, but is not limited to, compliance with the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes prohibiting
discrimination because of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited classification, including, without
limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.,
and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall also
comply with applicable conditions of any federal, state, or local grant received by
Owner or Consultant with respect to this Contract or the Services. The prevailing
rate of wages are revised by the Department of Labor and they are available on the
Department's official website.
Consultant shall be liable for any fines or civil penalties that may be imposed
or incurred by a governmental agency with jurisdiction over the Services as a result
of Consultant's or its sub-consultants' improper performance of, or failure to
properly perform, the Services or any part thereof.
Every provision of law required by law to be inserted into this Contract shall
be deemed to be inserted herein.
7.12 Ownership of Documents
Consultant and Consultant's sub-consultants shall be deemed the original
authors and owners respectively of materials produced pursuant to this Contract
and shall retain all common law, statutory and other reserved rights, including
copyrights. Consultant hereby grants and conveys to Owner perpetual, irrevocable
non-exclusive rights and license to use all Required Submittals and other materials
produced under this Contract for Village purposes and no other purposes.
7.13 Time
Except where otherwise stated, references in this Contract to days shall be
construed to refer to calendar days.
7.14 Severability
The provisions of this Contract shall be interpreted when possible to sustain
their legality and enforceability as a whole. In the event any provision of this
Contract shall be held invalid, illegal, or unenforceable by a court of competent
jurisdiction, in whole or in part, neither the validity of the remaining part of such
provision, nor the validity of any other provisions of this Contract shall be in any
way affected thereby.
7.15 Entire Agreement
This Contract sets forth the entire agreement of Owner and Consultant with
respect to the accomplishment of the Services and the payment of the Contract
Price therefor, and there are no other understandings or agreements, oral or
written, between Owner and Consultant with respect to the Services and the
compensation therefor. The proposal attached as Attachment A is attached hereto
for reference only and other than as specifically referred to and incorporated herein,
the terms and conditions set forth in the proposal do not form part of this
Agreement.
7.16 Amendments
No modification, addition, deletion, revision, alteration, or other change to
this Contract shall be effective unless and until such change is reduced to writing
and executed and delivered by Owner and Consultant.
7.17 Attachments
There may be Attachments attached to and made a part of this contract.
Some of the Attachment forms may be contract terms or other documents submitted
by or involving the duties and obligations of the contractor. Both the Owner and
the Contractor agree that any terms or conditions contained within Article VII of
this contract supersede and reflect the duties and obligations of the Parties without
regard to any contrary provision set forth within any Attachment or exhibit. The
exception would be a term or condition Specified as superseding this contract and
physically initialed by both the Owner and the Contractor.
IN WITNESS WHEREOF, Owner and Consultant have caused this Contract
to be executed in two original counterparts as of the day and year first written
above.
Village of
F. Ginexx
Village Manager
Attest:
By:
Charlotte Pruss
Village Clerk
Trotter and Associates, Inc.
By: — �
Attest:
By:
ATTACHMENT A
PROPOSAL DATED MAY 4,2020
`TROTTER
LKuASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Experienced Professionals-Better Solutions
Serving the Community Since 1999
May 41h, 2020
Doug Patchin
Village of Oak Brook
Public Works Director
3003 Jorie Boulevard
Oak Brook, Illinois 60523
Re: Water System SCADA&Operations Rehabilitation
Professional Services Letter Agreement and Exhibits
Dear Mr. Patchin,
Trotter and Associates, Inc. (ENGINEER) is pleased to provide professional services to the Village of Oak
Brook(CLIENT)for the Water System SCADA&Operations Rehabilitation Project(hereinafter referred to
as the"PROJECT").
Project Background
In 2018 the Village of Oak Brook completed a Water Master Plan.This report evaluated the existing supply
sources, treatment, storage, and distribution system infrastructure. From this evaluation a number of
recommendations were made for system rehabilitation and upgrades, both large-scale capital
improvements as well as smaller operation and maintenance-oriented improvements. Two of the most
pressing issues identified were the SCADA control system,and the system's water supply control valves.
Water supplied by the DuPage Water Commission (DWC) is passed through
flow control valves, pressure reducing valves, and a number of other
automated valves which allow the Village to supply water to the system in a
relatively automated manner. These valves and control assemblies were
installed when the Village converted to groundwater wells to DuPage Water
Commission, in 1989 and 1990.These valves have a typical life expectancy of
approximately 15-20 years;however the current system is nearly 30 years old.
Staff has noted that these valves exhibit leaking and increasing maintenance
requirements. Most do not have redundant valves, and the failure of a valve
will likely mean the temporary loss of the associated DWC supply.The 2018
Water Master Plan recommended that these valves, as well as other smaller
components, be replaced in 2020 with an estimated cost of$750,000.
The Village's SCADA system is capable of monitoring the current status of various water infrastructure
facilities but due to the age of the software and hardware, staff's ability to operate the system remotely
is limited. Typical service life of control system components including PLC's, HMI's, servers, and
instrumentation is 10-15 years. Most of the Village's SCADA system significantly exceeds these traditional
useful lifespans. Dated software and hardware requires that Village staff spend more time manually
operating the system in the field, and limits the ability to track, document, and upgrade the system to
meet current water supply needs. Recognizing these deficiencies, the Master Plan recommended
upgrading SCADA software, programming and instrumentation in 2020 at an estimated cost of$500,000.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
C�
z A MDKT�ER
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Project Understanding
The Village has requested that Trotter and Associates provide design-build services to complete the
SCADA Upgrades and Water System Improvements outlined in the 2018 Water Master Plan. Professional
Services would include conceptual design of all improvements, procuring the required integration,
mechanical,and electrical subcontractors, project management and construction oversight to ensure the
improvements are completed to the Village's expectations. Trotter and Associates will provide full
Performance and Payment Bonds and all Insurances as required by the Village forthe full contract amount.
The SCADA hardware scope of work generally includes replacement of the existing control subpanels at
each of the seven remote water facilities,including replacement of each controller and operator interface
terminal (OIT/HMI). The existing single SCADA server at Public Works will be replaced with a new
virtualized host and server-client architecture.The new architecture will include a new virtual host server
with the following virtual servers;SCADA Server, Remote Desktop Service (RDS)& Enterprise Historian.
The SCADA software scope includes replacement of the existing GE iFix SCADA software with Rockwell
FTView SE software. Redevelop the SCADA graphics with more intuitive screens, using situational
awareness features consistent with current industry standards. The existing alarming software will also
be upgraded as part of the overhaul.
The SCADA instrumentation scope includes one new magnetic flow meter, several pressure transducers,
and online chlorine analyzers at each of the three DWC supply sites. Installation of online chlorine
analyzers will aid the Village in maintaining the regulatory residual requirements recently increased by
the State to ensure continued compliance.
Mechanical and electrical services will be provided to support all of the above SCADA improvements,
including installation and wiring of all primary elements/instrumentation. New Cla-Val flow/pressure
control valves will be installed at each of the DWC supply sites, including local controllers for each valve.
Improvements at the 35th Street Pressure Adjusting Station will include both interior and exterior
rehabilitation and upgrades.The existing 8-inch ductile iron discharge piping out of the station has settled
at the exterior of the building, causing the interior piping to cantilever and torque the existing interior
piping. This has been temporarily mitigated through the installation of a flexible couple but will require
replacement to avoid a more significant failure.The 35th Street PAS has the ability to feed either the high-
or low-pressure zones. However, as currently configured is impractical and requires manual operation.
The incoming 8-inch supply from DWC will be split at the east wall and two separate zone feed loops
installed within the lower level of the PAS.Both'loops'will have an 8-inch Cla-Val pressure-adjusting/flow-
controlling valve, magnetic flow meter, and surge relief line. The two lines will be run through the west
exterior wall and tied into the respective high- and low-pressure zones, eliminating valving and
instrumentation in an exterior vault.This layout will also require relocating one existing chlorine booster
pump and replacing the second to accommodate the second loop.This layout will allow for the 311 Street
Booster Station to run less frequently, saving energy and maintenance costs associated with this booster
station.A detailed line item list of included scope can be found in the following pages.
Additionally, process piping, valves, pumps, and appurtenances at the three DWC supply sites are in
deteriorated condition and in need of recoating.The project includes necessary surface preparation and
application of multiple coats of high-performance coatings as described in the following Scope.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
3 1 P a « c `TROTTER
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Scope of Services
Our services will consist of customary engineering and related services, described as follows;
Professional Engineering Services&Administrative Services
1. Provide Project Management services including all coordination with subcontractors and the
Village,and scheduling of work with Village staff. Provide day-to-day point of communication
between the Village and contractors. Estimated at approximately 200 hours total.
2. Conceptual Design services for improvements. Includes conceptual layout of improvements
necessary for contractors to complete the rehabilitation.
3. Part-time Resident Engineering services to oversee field work and ensure compliance with all
regulating bodies,the Village, and this contract. Estimated at approximately 420 hours total.
4. Project Administration. Includes submittal of partial and final payment requests, certified
payroll reports, waivers, and other documents necessary to properly administer the project
through completion.
5. Provide a Performance Bond and Payment Bond in the amount of 100%of the contract price,
in accordance with Village document#34920193_v2.
6. Secure and maintain Insurance as required by the Village including General Liability,
Automobile Liability,Worker's Compensation and Employer's Liability.
System SCADA Improvements
General:
1. Replace existing PLC's and operator interface terminals (OIT's/HMI's) at each site. Includes
replacement of each subpanel.The eight sites include:
• Public Works
• Booster Station A
• Booster Station B
• 35th Street PAS
• East Elevated Tank/Well#5
• West Elevated Tank
• 311 Street Booster Station/Well#6
2. Replace existing SCADA server with new virtualized host and server-client architecture.Virtual
servers will include SCADA server, Remote Desktop Service (RDS) remote access server, and
Enterprise Historian Server.
3. Replace the existing GE iFix SCADA software with Rockwell FTView SE software package.
Redevelop SCADA graphics with more intuitive screens.
4. Upgrade alarming software.
5. Integration of all new devices identified below.
6. All installation,documentation, and training on the above.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
4,P a g c A NROTTER
w �
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Control Panel Equipment.
1. Seven (7) pre-wired subpanels for installation inside the existing enclosures, one each at the
following sites:
a. Public Works(master polling PLC)
b. Station A
c. Station B
d. East Tank/Well 5
e. 31' Booster Station/Well 6
f. West Tank
g. 35th St. DuPage Water Commission
2. Each subpanel will be pre-wired with PLC, main circuit breaker, fuses, relays, DC power
supplies, wire duct, terminal blocks, and other miscellaneous components as required for a
complete panel. The following table provides a list of the major components to be installed.
All
Part Number Description
Y ! 3 3 u
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3 CO C M D
I i AJ r C
! d i N V) m m M
lL! M
1769-L30ER L30 PLC Processor 0 0 0 1 1 1 1
1769-L33ER L33 PLC Processor 1 1 1 0 0 0 0
1769-PA4 Power Supply 1 1 1 1 1 1 1
1769-IF4 4-channal analog input 0 3 2 1 1 2 1 2
1769-OF4CI 4-ch analog output 0 2 2 0 1 0 1
1769-OW81 8-point discrete output 0 2 1 1 1 0 1
1769-OW16 16-point discrete output 1 0 0 0 0 0 0
1769-IQ16 16-point DC input 1 3 1 1 1 1 1
2711-T7C22A9P' PanelView Plus 7 01T,7' 0 0 0 1 0 1 0
2711-T10C22A9P' PanelView Plus 7 OIT,10" 0 1 1 0 1 0 1
1783-US8T 8-port Ethernet switch 1 1 1 1 1 1 1
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
5 P
ANROTTEfZ
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
SCADA Hardware/Software:
1. One(1)Dell R740(or equal)Virtual Host Server with the following requirements:a. Intel Xeon
Gold 6140,2.3 GHz processor.
a. Two(2)32GB RDIMM memory.
b. Two(2)480 GB SSD SATA Hard Drives configured in RAID 1
c. Three(3) 600 GB 10K RPM SAS Hard Drives configured for RAID 5.
d. iDRAC 9 Enterprise.
e. Two (2) Network Interface Cards.
f. Redundant power supplies
g. 5 years ProSupport and Mission Critical 4hr onsite support.
h. Microsoft Server 2019 operating system with Hyper-V.
2. One (1) Dell Optiplex 3070 (or equal) SCADA client computers with the following
requirements:
a. Intel Core i5-9500.
b. 8 GB DDR4 SDRAM.
c. 256 GB SSD.
d. Windows 10 Pro 64-bit.
e. 3 Year Next Business Day Warranty.
3. SCADA application software with one year of support:
a. Rockwell FactoryTalk View SE Server 100 display.
b. Three (3) Rockwell FactoryTalk View SE Clients.
c. Rockwell FactoryTalk View Studio for SE.
d. Rockwell FactoryTalk 1000 point historian.
e. Three (3) Data Aggregation Portal licenses.
f. Studio 5000 Standard Edition PLC programming software.
g. Win-911 Intermediate alarming software.
4. Provide the following additional software: a.One (1) Microsoft Office Pro licenses.
a. Five (5) Microsoft Server CAL licenses.
b. Five (5) Microsoft Remote Desktop Services(RDS) licenses.
c. Symantec Endpoint Protection anti-virus software for server and client computers.
d. One year of Carbonite cloud-based backup service.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
G�
6,P a v NROTTER
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
SCADA Design:
1. Provide IT design for SCADA client-server infrastructure. Provide detailed object-oriented
diagram depicting network design.
2. Provide detailed wiring schematics showing the PLC input/output wiring for the control panels
where PLCs are being replaced.
3. Provide process control description defining the control strategy for the water system
operations.
PLC/OIT Programming& Installation:
1. Provide PLC programming for each of the seven new PLCs.Programming will include migrating
portions of the existing programs as well as enhancing the programs using RSLogix 5000
features such as tag-based addressing and Add-On Instructions(AOIs)for repetitive routines.
Communication programming will also be improved to reduce the amount of traffic on the
cellular network. Programs will be written to maintain the existing process control
functionality.
2. Provide OIT programming for new PanelViews being installed to replace the existing touch
screens. OIT screen graphics will generally provide similar functionality as the existing
graphics. Final screen layout will be developed with input from the Village.
3. Provide additional programming to incorporate the new instruments provided as part of this
project, as well as valve control of the new switching structure at the 35th Street DWC site.
4. Replace existing PLCs at eight locations which will include the following tasks:
a. Remove existing sub panel and install new subpanel with new PLCs in existing
enclosure.
b. Relocate existing cellular radio from existing subpanel to new subpanel where
required.
c. Re-terminate field wiring to terminal blocks on new subpanel.
d. Test system operations to confirm system operates as expected.
5. Replace existing OITs with new PanelViews. Modify existing cutout as required.
SCADA Server Programming& Installation:
1. Configure the Virtual Host server for the following virtual servers:
a. SCADA/Alarming Server.
b. SCADA Remote Desktop Server.
c. SCADA Historian Server.
2. Install Microsoft Office on Historian Server.
3. Install one SCADA client PC in location directed by the Village for operator access. SCADA
Network connection is required at client location and is the responsibility of the Village.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
7P a L e ROTTER
NiSOCIATES,
INC.
ENGINEERS AND SURVEYORS
4. Provide new SCADA graphics development using current SCADA development best practices
and situational awareness development theory. Graphics will be developed with input from
Village staff. One SCADA development workshop will be held to confirm graphics
development standards with Village staff.
5. Migrate the existing Win-911 alarming software to the new version and configure to use
Mobile-911 smartphone app for alarm notification(up to 10 devices). Install Yeastar S20 VoiP
PBX device to allow voice alarm notification through existing analog phone line.
6. Configure Enterprise Historian and historian client application to provide trending of up to
1,000 tags with up to 10 trend templates.
7. Configure up to five tablets(furnished by Village)for remote access.
8. Configure Rockwell VantagePoint software to provide monthly reports that will include daily
values for the following:
a. d. Flow totals for each flow meter.
b. e. Runtime for each pump.
c. f. Number of starts for each pump.
9. Provide one 4-hour training session on using the new SCADA graphics and historian trending
application.
Documentation:
1. Provide final documentation in electronic format consisting of the following:
a. PLC and OIT programs in native(source code)file format.
b. Control panel wiring schematics in PDF format.
c. Network diagram in PDF format.
d. Equipment manuals in PDF format.
e. SCADA operation manual consisting of SCADA screen shots with process control
description detailing process control operating parameters and settings.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
z
8,P a :.
L
ROTTER
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Booster Station A
1. Demolition of the existing turbine generator, pad, piping,valves,supports, control panel and
electrical. Piping will be removed back to the tapping sleeve on the reservoir fill line and the
8"turbine supply pipe penetration at the south wall.
2. Demolition of the interior 10" Well #5 fill pipe from the wall penetration at the south wall
through the 16"x10" reducer.The existing 24"x 16" cross will be blind flanged.
3. Installation of an Endress+ Hauser pressure transducer in the southeast corner of the lower
level, tied into the reservoir suction 24" tee blind flange. Transducer assembly will have a
valve at the tap, sight pressure gauge with shut off valve, and bleed valve in addition to the
transducer.Transducer control will be routed into the existing upper level RTU for integration.
4. Installation of a Hach CL17 colorimetric analyzer in the southeast corner of the Booster Station
upper level. Analyzer supply shall be tied into the adjacent potable water line to the sink,
drain will be routed to the existing sink. Analyzer supply assembly will have the necessary
valving, strainer, and pressure reducing valve. The analyzer will be powered via 120v and
control routed to the existing RTU in the upper level for integration.
5. Installation of a 16" gate valve with chainwheel on the discharge to distribution in the lower
level.Will likely replace the existing 16"x6"tapped tee to avoid the immediately downstream
in-pipe straightening vane and differential flow meter. Chlorine injection point relocation
TBD.
6. Removal and replacement of one chlorine booster pump. Includes replacement of piping with
schedule 80 PVC and appurtenances back to isolation valves on suction and discharge side.
Replacement unit anticipated to be a Webtrol G10B15-3 EZ Series.
7. Provide surface preparation and coating of new piping elements (four blind flanges) on the
mid-level of Booster Station A, as well as touch-up preparation and coating of minor flaked
areas of paint on existing piping,fittings,and valves on this level.Provide surface preparation
and coating of all existing process water piping, valves, pumps, and appurtenances in the
lower level of Booster Station A.
Surface preparation and coating shall be as identified below.Color shall be selected by Owner:
• Minimum surface preparation of bare steel or previously painted steel requires a
cleanliness level as defined by SSPC-SP WJ-4/NACE WJ-4 Light Cleaning by use of Low-
Pressure Water Cleaning(LP WC) between 3,500 and 5,000 psi using a 0-degree rotating
nozzle. If all visible contaminates, loose mill scale, loose rust and other corrosion
products,and loose paint have not been removed,SSPC-SP2 Hand Tool Cleaning or SSPC-
SP3 Power Tool Cleaning shall be employed until the surface cleanliness definition is met.
• High-Performance Industrial Coating(HPIC)System:
a. Spot Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
b. Full Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
c. Finish Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
G�
9,P a L A NROTTEpt_
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
DWC Site A Pressure Adjusting Station
1. Demolition of the existing redundant reservoir fill 6" Pratt ball valve (RFV-4) and redundant
reservoir fill 10" Pratt ball valve (RFV-2). Makeup DI spools to be installed. Power and control
to the existing electric actuators to be removed.
2. Demolition of abandoned HVAC conduit and conductor along the southwest corner of the
station adjacent to the existing flow meter remote display.
3. Removal of the existing 10" OCV control valve and replacement with new 10" Cla-Val control
valve. The existing OCV control panel will be removed and replaced with Cla-Val panel, all
power and control to new valve and panel.
4. Installation of a Hach CL17 colorimetric analyzer in the southwest corner of the pressure
adjusting station. Analyzer supply shall be tied into the 6" primary control header, drain will
be routed to the existing sump in the north corner. Analyzer supply assembly will have the
necessary valving, strainer, and pressure reducing valve. The analyzer will be powered via
120v and control routed to the existing controller in RFV-2 control panel on north wall.Analog
signaling for the existing valve positioning shall be utilized for chlorine residual signal with
new cable/conduit installed.
5. Provide surface preparation and coating of new piping elements as well as all existing process
water piping,valves,pumps,and appurtenances in the DWC Site A Pressure Adjusting Station.
Surface preparation and coating shall be as identified below.Color shall be selected by Owner:
• Minimum surface preparation of bare steel or previously painted steel requires a
cleanliness level as defined by SSPC-SP WJ-4/NACE WJ-4 Light Cleaning by use of Low-
Pressure Water Cleaning(LP WC) between 3,500 and 5,000 psi using a 0-degree rotating
nozzle. If all visible contaminates, loose mill scale, loose rust and other corrosion
products,and loose paint have not been removed,SSPC-SP2 Hand Tool Cleaning or SSPC-
SP3 Power Tool Cleaning shall be employed until the surface cleanliness definition is met.
• High-Performance Industrial Coating(HPIC)System:
a. Spot Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
b. Full Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
c. Finish Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
38 W.Grand Avenue 40W201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
10PagC AROR
NTTEiSOCIATES,
INC.
ENGINEERS AND SURVEYORS
Booster Station B
1. Demolition of the existing turbine generator, pad, piping,valves,supports,control panel and
electrical. Piping will be removed back to the 24"cross,the 8" penetration through the south
wall, and the 8" penetration through the north wall.All pipes will be blind flanged or capped.
2. Relocation of the existing 12"globe style silent check valve on the distribution line in the lower
level to immediately after the downstream elbow.
3. Installation of a new Krohne Enviromag 2000 series magnetic flow meter in the location of
the existing globe silent check valve.
4. Installation of a Hach CL17 colorimetric analyzer on the east wall of the middle level. The
analyzer supply will tie into the 24" blind flange in the lower level through the adjacent
existing floor sleeve, and drain will be routed through the same sleeve to the lower level
perimeter drain directly below. Analyzer supply assembly will have the necessary valving,
strainer, and pressure reducing valve. The analyzer will be powered via 120v and control
routed to the existing RTU in the upper level for integration.
5. The %" pressure transducer line located adjacent to the proposed chlorine analyzer will be
replaced,tying into the 24"blind flange in the lower level.This line will be upsized to eliminate
the plugging noted by staff.
6. Removal of the existing 12" OCV control valve and replacement with new 12" Cla-Val control
valve. The existing OCV control panel will be removed and replaced with Cla-Val panel, all
power and control to new valve and panel.
7. Removal and replacement of one chlorine booster pump. Includes replacement of piping with
schedule 80 PVC and appurtenances back to isolation valves on suction and discharge side.
Replacement unit anticipated to be a Webtrol G10B15-3 EZ Series.
8. Provide surface preparation and coating of new piping elements on the mid-level of Booster
Station B, as well as existing piping, fittings, and valves on this level. Provide surface
preparation and coating of all existing process water piping, valves, pumps, and
appurtenances in the lower level of Booster Station B.
Surface preparation and coating shall be as identified below.Color shall be selected by Owner:
• Minimum surface preparation of bare steel or previously painted steel requires a
cleanliness level as defined by SSPC-SP WJ-4/NACE WJ-4 Light Cleaning by use of Low-
Pressure Water Cleaning(LP WC) between 3,500 and 5,000 psi using a 0-degree rotating
nozzle. If all visible contaminates, loose mill scale, loose rust and other corrosion
products,and loose paint have not been removed,SSPC-SP2 Hand Tool Cleaning or SSPC-
SP3 Power Tool Cleaning shall be employed until the surface cleanliness definition is met.
• High-Performance Industrial Coating(HPIC)System:
a. Spot Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
b. Full Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
c. Finish Coat—Tnemec Series 133 ProTuff Aluminum (4.0-8.0 DFT/mils)
38 W.Grand Avenue 4OW201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
I11p a i eA `TROTTER
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ENGINEERS AND SURVEYORS
35th Street Pressure Adiustine Station(PAS)
1. Removal of piping and appurtenances in the lower level to the limits shown in Exhibit D.
Includes removal of the existing 8" OCV valve,4" surge relief valves, and associated piping.
2. Constructing two new 8" "loops," one dedicated to each pressure zone.An 8"x8"tee will be
installed off the existing DWC supply penetration into the east wall,splitting for the two loops.
Each loop includes one 8" pressure-adjusting/flow-control Cla-Val, one 8" magnetic flow
meter,two 8"electrically actuated isolation valves,and two pressure sensors(one upstream,
one downstream of each Cla-Val). Each loop will have transient/surge suppression piping
provided.Two existing 4"surge relief valves will be relocated, and a new third 4"surge relief
valve will be provided.
3. Removal and replacement of one chlorine booster pump,and relocation of an existing second
unit. Includes replacement of piping with schedule 80 PVC and appurtenances back to
isolation valves on suction and discharge side. Replacement unit anticipated to be a Webtrol
G10B15-3 EZ Series.
4. Installation of a Hach CL17 colorimetric analyzer in the upper level adjacent to the booster
pump control panel. The analyzer supply will tie into the 6" primary control line in the lower
level, and drain will be routing to the existing sump pit in the southeast corner of the lower
level. Analyzer supply assembly will have the necessary valving, strainer, and pressure
reducing valve. The analyzer will be powered via 120v and control routed to the existing
control cabinet in the upper level for integration.
5. Removal of the 8" DIP water outlet from the PAS to the 12"x8"tie in tee to the southwest of
the pressure adjusting station. Includes removal of the 6" hydrant and valve assembly,and 8"
gate valve and vault.
6. Installation of a new 8" DIP water main from lower level west penetrations,tying into existing
12" high zone and 12" low zone piping separately. Installation of new 8"x6" DIP tee, as well
as hydrant and valve assembly on the high-zone connection line.See Exhibit D for site piping
modifications.
7. Provide surface preparation and coating of new piping elements as well as all existing process
water piping,valves, pumps, and appurtenances in the 35th Street Pressure Adjusting Station
lower level.
Surface preparation and coating shall be as identified below.Color shall be selected by Owner:
• Minimum surface preparation of bare steel or previously painted steel requires a
cleanliness level as defined by SSPC-SP WJ-4/NACE WJ-4 Light Cleaning by use of Low-
Pressure Water Cleaning (LP WC) between 3,500 and 5,000 psi using a 0-degree rotating
nozzle. If all visible contaminates, loose mill scale, loose rust and other corrosion
products,and loose paint have not been removed,SSPC-SP2 Hand Tool Cleaning or SSPC-
SP3 Power Tool Cleaning shall be employed until the surface cleanliness definition is met.
• High-Performance Industrial Coating(HPIC)System:
d. Spot Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
e. Full Prime Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
f. Finish Coat—Tnemec Series 133 ProTuff Aluminum (4.0—8.0 DFT/mils)
38 W.Grand Avenue 4OW201 Wasco Road,Suite D
Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
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12,P . g c A LT,SSOCIATES, INC.
ENGINEERS AND SURVEYORS
Record Drawines&Project Closeout Documents
1. Receive and review maintenance and operating instructions, schedules, warranties, and
guarantees.
2. Receive bonds, certificates, or other evidence of insurance not previously submitted and
required by the Contract Document's, certificates of inspection, tests and approvals, Shop
Drawings,Samples and other data.
3. After notice from Subcontractors that subcontractors consider the entire Work ready for its
intended use, in company with Village and Subcontractors, conduct an inspection to
determine if the Work is Substantially Complete.
4. Prepare and furnish to the Village Record Drawings showing appropriate record information
based on Project annotated record documents received from the Resident Engineer and
subcontractor. Record drawings will utilize a markup-over-PDF layout;full drafting of facilities
is not included.
5. Compile equipment operation and maintenance manuals and prepare an overall Operation
and Maintenance Manual for the completed project.
6. Provide Prime Contractor's (Trotter and Associates) 1-Year Material and Workmanship
Warranty,to commence from the point of beneficial use.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
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13,P a -i c AHOTTERR`
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Proposed Equipment List
SCADA:
1. Eight(8)—Prewired Subpanels: CompactLogix 1769-L30/33ER PLC
• Circuit Breakers, Fuses, Relays, DC Power Supplies, Blocks and Misc. Components
2. One(1)—Virtual Host Server: Dell R740
3. One(1)—SCADA Client Computer: Dell Optiplex 3070
4. SCADA Application Software Package: Rockwell FactoryTalk View SE/Historian/Win-911
Instrumentation:
1. Three (3)—Pressure Transducers: Endress-Hauser Cerabar M PMC51
2. Four(4)—Chlorine Analyzers: Hach CL17sc Colorimetric
3. One (1)—Magnetic Flow Meter: Krohne Enviromag 2000
Mechanical:
1. Three (3)—Chlorine Booster Pumps:Webtrol G10B15-3 EZ Series
2. Two(2)—8"Control Valve:Cla-Val Model 131-CW-BCSYKC
• Adders: Position Transmitter X177C;Valve Controller VC-22D
3. One(1)—10"Control Valve: Cla-Val Model 131-CW-BCSYKC
• Adders: Position Transmitter X177C;Valve Controller VC-22D
4. One(1)—12"Control Valve:Cla-Val Model 631-CW-BCSYKC
• Adders: Position Transmitter X177C;Valve Controller VC-22D
5. One (1)—4"Surge Relief Valve: Cla-Val Model 50-01BKC
6. Four(4)—8"Gate Valve: Kennedy AWWA C-509 KS-FW Resilient Seated FIG 8561A
• Adders: Rotork IQM Electric Actuator
7. One(1)—16"Gate Valves: Kennedy AWWA C-509 KS-FW Resilient Seated FIG 8561A
• Chain-Wheel Actuator
8. One(1)—Hydrant Assembly:Mueller Super Centurion 200 Model A-423 with Breakable Flange
• 6" Mueller A-2360-16 Auxiliary Valve
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14,P a t c `TROTTER
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
General Material Specifications and Construction Notes:
• Customer will assign an initial project manager at the project kickoff meeting.
• Village of Oak Brook will provide site access for installation, programming, and startup during
Customer's normal business hours. Work outside of Customer's normal business hours can be
agreed upon as needed, provided TAI can secure the site(s) upon departure.
• Customer understands that all existing equipment to remain is assumed to be in good, working
order. In the event that any other equipment does not perform as-expected, TAI will work with
the Customer to repair,as-needed, under a separate contract.
• Customer will dispose of/recycle any removed equipment.
• All watermain piping to be ductile iron with C110 flanged fittings (interior) or C153 M1 fittings
(underground)with stainless steel jointing hardware.
• Buried ductile iron piping will be furnished with cement lining and asphaltic seal coat in and out
polywrap encasement will be provided on new piping only.
• All sensor/instrumentation piping will be brass,copper(Type L)or polyethylene tubing.
• All make-up water or chemical piping will be sch 80 PVC;valves will be furnished with FKM o-rings
and seals.
• New watermain isolation valves will be flanged DeZurik BAW butterfly valves.
• New motor actuators will be Rotork.
• All supports will be at a minimum zinc-plated and match existing;all anchors will be stainless steel.
• New conduit will meet or exceed the existing conditions and wiring will be provided per the
requirements.
• There is no provision for demolition, temporary piping, dewatering, or related equipment in our
proposal;all outages are expected to be provided and maintained by Operations personnel in the
quantities and durations required to complete the work as described in previous sections of this
proposal.
• Concrete pads are to remain unless they interfere with the improvements.
• Only coating of process piping,valves, pumps,and appurtenances is included within the scope of
this submittal. No painting of conduit,chemical piping,walls,floors,ceilings,or other surfaces not
specifically identified is included.
• Landscape restoration is included at 35th Street PAS only. After seeding and initial water the
Village will take ownership and maintain to establishment.
• Includes all hoisting, rigging, scaffolding, fall protection, confined space, and any other tools,
equipment,and gear necessary to build the project per our scope as written above.
• Temporary toilet and dumpsters will be provided and maintained as required.
• Performance and payment bonds are included for the scope and value of this proposal only.
38 W.Grand Avenue 40W201 Wasco Road,Suite D
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151P a AROTTER
INiSOCIATES, INC.
ENGINEERS AND SURVEYORS
Exclusions:
• All items not specifically mentioned above.
• Removal of waste,debris,or standing water which prevents TAI from contractual obligations.
• Access through means not typical to normal construction (i.e. shoring, sawcut walls and slabs,
etc.).
• Existing utilities not shown on the drawings or included in the J.U.L.I.E.system.
• Material compaction testing, concrete cylinder testing.
• Cleaning, chlorination,or testing of reservoirs if emptied.
• Procurement and payment of all required permits,fees, sales tax,special insurance.
• Removal/replacement of any existing structure, object, or facility.
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C�
161Page NROTTEPI_
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Compensation
A Lump Sum amount of$1,384,150.00 based on the following assumed distribution of compensation:
General Conditions $105,200
Contract Bonds(3%) $41,200
Project Management $36,800
Design& Resident Engineering(DRE) $51,100
SCADA Upgrades $396,150
Booster Station A Rehabilitation $65,585
Booster Station A HPIC Painting $34,850
Site A Pressure Adjusting Station Rehabilitation $72,550
Site A Pressure Adjusting Station HPIC Painting $11,250
Booster Station B Rehabilitation $118,400
Booster Station B HPIC Painting $53,850
35th Street Pressure Adjusting Station $285,965
35th Street Pressure Adjusting Station HPIC Painting $11,250
Record Drawings&Closeout Documents $15,000
Chlorine System Re-piping Allowance $60,000
Proiect Reserve Fund $25,000
Contract Total: $1,384,150.00
ENGINEER may alter the distribution of compensation between individual phases noted herein to be
consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless
approved in writing by the CLIENT. The Lump Sum includes compensation for ENGINEER's services and
services of ENGINEER's Consultants. Appropriate amounts have been incorporated in the Lump Sum to
account for labor, overhead, profit, and Reimbursable Expenses. The portion of the Lump Sum amount
billed for ENGINEER's services will be based upon ENGINEER's estimate of the proportion of the total
services actually completed during the billing period to the Lump Sum.
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.
Chlorine System Re-piping Allowance. The exact scope and quantity of piping replacement is currently
unknown, as such it is recommended that the Village $20,000 for each of the three facilities (Booster
Station A, Booster Station B, and the 351h Street Pressure Adjusting Station), including painting of new
piping if installed. This work would be completed on a Time & Material basis, with any unused amount
credited to the Village at project completion.
Project Reserve Fund. The Project Reserve Fund shall be utilized only as authorized in writing by the
Director of Public Works for the completion of tasks considered outside the Scope of Services defined
within this Agreement, but which are determined to be necessary for the timely completion of the Water
System SCADA&Operations Rehabilitation.
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17,P R A NROTTER
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
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.
ENGINEER acknowledges that this project and the scope of work performed thereto will require ENGINEER
and all lower tiered subcontractors of ENGINEER to comply with all obligations under and pursuant to the
any applicable local, state and/or federal prevailing wage laws (e.g. Davis-Bacon Act, Illinois Prevailing
Wage Act, etc.), including but not limited to all wage, notice and/or record keeping requirements to the
extent applicable, necessitated and required by law. If during negotiations or discussion with a Client it
becomes clear that Client has determined prevailing wages are not applicable to the work performed by
Trotter&Associates, it is best to confirm that understanding in writing with appropriate indemnification
language. The following is draft language to consider:
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18,P a g C AROTTE` R
ASSOCIATES, INC.
ENGINEERS AND SURVEYORS
Contents of Agreement
This Letter 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.
Village of Oak Brook: Trotter and Associates, Inc.:
By: By: Scott Trotter, P.E., BCEE
Title: Title: President
Effective Date Signed:
Date:
Address for giving notices: Address for giving notices:
40W201 Wasco Road,Suite D.
St.Charles, Illinois 60175
Designated Representative Designated Representative
Chris Marschinke,P.E.
Title: Title: Project Manager
Phone Number: Phone Number: 630/587-0470
Facsimile Number: Facsimile Number: 630/587-0475
E-Mail Address: E-Mail Address:c.marschinke@trotter-inc.com
ATTACHMENTS:
EXHIBT A—STANDARD TERMS AND CONDITIONS
EXHIBIT B—SUPPLEMENTAL GENERAL CONDITIONS
EXHIBIT C—CONTRACT ADDENDUM
EXHIBIT D—35TH STREET PAS LAYOUT
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19,P age ANROTTER
SSOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT A-STANDARD TERMS AND CONDITIONS
ARTICLE 2-CLIENT'S RESPONSIBILITIES
Table of Contents
2.01 General
ARTICLE 1-SERVICES OF ENGINEER I
1.01 Scope I A. Provide ENGINEER with all criteria and full information as to
CLIENT's requirements for the Project,including design
objectives and constraints,space,capacity and performance
ARTICLE 2-CLIENT'S RESPONSIBILITIES 1 requirements,flexibility,and expandability,and any budgetary
2.01 General I limitations;and fumish copies of all design and construction
standards which CLIENT will require to be included in the
Drawings and Specifications;and fimmish copies of CLIENT's
ARTICLE 3-TIMES FOR RENDERING SERVICES 2 standard forms,conditions,and related documents for
3.01 General 2 ENGINEER to include in the Bidding Documents,when
3.02 Suspension 2 applicable.
B. Furnish to ENGINEER any other available information pertinent
ARTICLE 4-PAYMENTS TO ENGINEER 3 to the Project including reports and data relative to previous
4.01 Methods of Payment for Services designs,or investigation at or adjacent to the Site.
and Reimbursable Expenses of ENGINEER 3 C. Following ENGINEER's assessment of initially-available
4.02 Other Provisions Concerning Payments 3 Project information and data and upon ENGINEER's request,
firrnish or otherwise make available such additional Project
related information and data as is reasonably required to enable
ARTICLE 5-OPINIONS OF COST 3 ENGINEER to complete its Basic and Additional Services.
5.01 Opinions of Probable Construction Cost 3 Such additional information or data would generally include the
5.02 Designing to Construction Cost Limit 3 following:
5.03 Opinions of Total Project Costs 3 1. Property descriptions.
ARTICLE 6-GENERAL CONSIDERATIONS 3 2. Zoning,deed,and other land use restrictions.
6.01 Standards of Performance 3
6.02 Authorized Project Representatives 4 3. Property'boundary,easement,right-0f--way,and other
J ep special surveys or data,including establishing relevant
6.03 Design without Construction Phase Services 4 reference points.
6.04 Use of Documents 4 4. Explorations and tests of subsurface conditions at or
6.05 Insurance 5 contiguous to the Site,drawings of physical conditions in
6.06 Termination 6 or relating to existing surface or subsurface structures at or
6.07 Controlling Law 6 contiguous to the Site,or hydrographic surveys,with
6.08 Successors,Assigns,and Beneficiaries 6 appropriate professional interpretation thereof.
6.09 Dispute Resolution 6 5. Environmental assessments,audits,investigations and
6.10 Hazardous Environmental Condition 6 impact statements,and other relevant environmental or
6.11 Allocation of Risks 7
cultural studies as to the Project,the Site,and adjacent
areas.
6.12 Notices 7
6.13 Survival 7 6. Data or consultations as required for the Project but not
otherwise identified in the Agreement or the Exhibits
6.14 Severability 7 thereto
6.15 Waiver 7
6.16 Headings 7 D. Give prompt written notice to ENGINEER whenever CLIENT
6.16 Definitions 7 observes or otherwise becomes aware of a Hazardous
Environmental Condition or of any other development that
ARTICLE 1-SERVICES OF ENGINEER affects the scope or time of performance of ENGINEER's
services,or any defect or nonconformance in ENGINEER's
services or in the work of any Contractor.
1.01 Scope E. Authorize ENGINEER to provide Additional Services as set
A. ENGINEER shall provide the Professional Services set forth forth in Exhibit D-Contract Addendum(if any)as required,
herein and in the Letter Agreement. Any such Additional Services will not change the total
compensation set forth on page 3 of the Letter Agreement
B. Upon this Agreement becoming effective,ENGINEER is without the advance written approval by both parties.
authorized to begin Services.
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Exhibit A
Standard Terms and Conditions
Page 2
F. Arrange for safe access to and make all provisions for meetings,and Substantial Completion and final payment
ENGINEER to enter upon public and private property as inspections.
required for ENGINEER to perform services under the
Agreement. 0. Provide the services of an independent testing laboratory to
perform all inspections,tests,and approvals of Samples,
G. Examine all alternate solutions,studies,reports,sketches, materials,and equipment required by the Contract Documents,
Drawings,Specifications,proposals,and other documents or to evaluate the performance of materials,equipment,and
presented by ENGINEER(including obtaining advice of an facilities of CLIENT,prior to their incorporation into the Work
attorney,insurance counselor,and other advisors or consultants with appropriate professional interpretation thereof.
as CLIENT deems appropriate with respect to such examination)
and render in writing timely decisions pertaining thereto. P. Provide inspection or monitoring services by an individual or
entity other than ENGINEER(and disclose the identity of such
H. Provide reviews,approvals,and permits from all governmental individual or entity to ENGINEER)as CLIENT determines
authorities having jurisdiction to approve all phases of the necessary to verify:
Project designed or specified by ENGINEER and such reviews,
approvals,and consents from others as may be necessary for I. That Contractor is complying with any Laws and
completion of each phase of the Project. Regulations applicable to Contractor's performing and
firmishing the Work.
I. Provide,as required for the Project:
2. That Contractor is taking all necessary precautions for
1. Accounting,bond and financial advisory,independent cost safety of persons or property and complying with any
estimating,and insurance counseling services. special provisions of the Contract Documents applicable to
safety.
2. Legal services with regard to issues pertaining to the
Project as CLIENT requires,Contractor raises,or Q. Provide ENGINEER with the findings and reports generated by
ENGINEER reasonably requests. the entities providing services pursuant to paragraphs 2.0 1.0 and
P.
3. Such auditing services as CLIENT requires to ascertain
how or for what purpose Contractor has used the moneys
paid. ARTICLE 3-TIMES FOR RENDERING SERVICES
4. Placement and payment for advertisement for Bids in
appropriate publications. 3.01 General
J. Advise ENGINEER of the identity and scope of services of any A. ENGINEER's services and compensation under this Agreement
independent consultants employed by CLIENT to perform or have been agreed to in anticipation of the orderly and continuous
fiunish services in regard to the Project,including,but not progress of the Project through completion. Unless specific
limited to,cost estimating,project peer review,value periods of time or specific dates for providing services are
engineering,and constructability review. specified in this Agreement,ENGINEER's obligation to render
services hereunder will be for a period which may reasonably be
K. Fumish to ENGINEER data as to CLIENT's anticipated costs required for the completion of said services.
for services to be provided by others for CLIENT so that
ENGINEER may make the necessary calculations to develop B. If in this Agreement specific periods of time for rendering
and periodically adjust ENGINEER's opinion of Total Project services are set forth or specific dates by which services are to be
Costs not to exceed the total compensation set forth on Page 3 of completed are provided,and if such periods of time or dates are
the Letter Agreement without the advance written approval of changed through no fault of ENGINEER,the rates and amounts
both parties. of compensation provided for herein shall be subject to equitable
adjustment. If CLIENT has requested changes in the scope,
L. If CLIENT designates a manager or an individual or entity other extent,or character of the Project,the time of performance of
than,or in addition to,ENGINEER to represent CLIENT at the ENGINEER's services shall be adjusted equitably.
Site,the duties,responsibilities,and limitations of authority of
such other party shall be disclosed to the ENGINEER and C. For purposes of this Agreement the term"day"means a calendar
coordinated in relation to the duties,responsibilities,and day of 24 hours.
authority of ENGINEER.
3.02 Suspension
M. If more than one prime contract is to be awarded for the Work
designed or specified by ENGINEER,designate a person or A. If CLIENT fails to give prompt written authorization to proceed
entity to have authority and responsibility for coordinating the with any phase of services after completion of the immediately
activities among the various prime Contractors,and define and preceding phase,or if ENGINEER's services are delayed
set forth the duties,responsibilities,and limitations of authority through no fault of ENGINEER,ENGINEER may,after giving
of such individual or entity and the relation thereof to the duties, seven days written notice to CLIENT,suspend services under
responsibilities,and authority of ENGINEER is to be mutually this Agreement.
agreed upon and made a part of this Agreement before such
services begin. B. If ENGINEER's services are delayed or suspended in whole or
in part by CLIENT,or if ENGINEER's services are extended by
N. Attend the pre-bid conference,bid opening,pre-construction Contractor's actions or inactions for more than 90 days through
conferences,construction progress and other job related no fault of ENGINEER,ENGINEER shall be entitled to
equitable adjustment of rates and amounts of compensation
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Exhibit A
Standard Terms and Conditions
Page 3
provided for elsewhere in this Agreement to reflect,reasonable
costs incurred by ENGINEER in connection with,among other 2. In the event of termination by CLIENT for convenience or
things,such delay or suspension and reactivation and the fact by ENGINEER for cause,ENGINEER,in addition to
that the time for performance under this Agreement has been invoicing for those items identified in subparagraph
revised. 4.02.1).1,shall be entitled to invoice CLIENT and shall be
C. If ENGINEER fails to perform services under this Agreement, paid a reasonable amount for services and expenses
then CLIENT may provide notice of such default to ENGINEER directly attributable to termination,both before and after
with an opportunity to cure such default within seven(7)days. the effective date of termination,such as reassignment of
If ENGINEER fails to cure the defect within seven(7)days, personnel,costs of terminating contracts with
CLIENT may temporarily suspend this Agreement until such ENGINEER's Consultants,and other related close-out
default is cured to CLIENT's satisfaction. costs,using methods and rates for Additional Services as
set forth in Exhibit B.
ARTICLE 4-PAYMENTS TO ENGINEER
E. Records ofENGINEER's Costs. Records of ENGINEER's costs
pertinent to ENGINEER's compensation under this Agreement
4.01 Methods of Payment for Services and Reimbursable shall be kept in accordance with generally accepted accounting
Expenses of ENGINEER practices. To the extent necessary to verify ENGINEER's
charges and upon CLIENT's timely request,copies of such
A. For Basic Services. CLIENT shall pay ENGINEER for Basic records will be made available to CLIENT at cost.
Services performed or famished under as outlined in the Letter
Agreement F. Legislative Actions. In the event of legislative actions after the
Effective Date of the Agreement by any level of government that
B. For Additional Services. CLIENT shall pay ENGINEER for impose taxes,fees,or costs on ENGINEER's services or other
Additional Services performed or fimrished as outlined in costs in connection with this Project or compensation therefore,
Exhibit D(if any). 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
C. For Reimbursable Expenses. CLIENT shall pay ENGINEER shall be applied. Should such taxes,fees,or costs be imposed,
for Reimbursable Expenses incurred by ENGINEER and they shall be in addition to ENGINEER's estimated total
ENGINEER's Consultants as set forth in Exhibit B upon compensation.
CLIENT's receipt of a written receipt or documentation of any
such expenses. ARTICLE 5-OPINIONS OF COST
4.02 Other Provisions Concerning Payments
5.01 Opinions of Probable Construction Cost
A. Preparation oflnvoices. Invoices will be prepared in
accordance with ENGINEER's standard invoicing practices and A. ENGINEER's opinions of probable Construction Cost provided
will be submitted to CLIENT by ENGINEER,unless otherwise for herein are to be made on the basis of ENGINEER's
agreed. experience and qualifications and represent ENGINEER's best
judgment as an experienced and qualified professional generally
B. Payment of Invoices. Invoices are due and payable according to familiar with the industry. However,since ENGINEER has no
the terms of the Local Government Prompt Payment Act(50 control over the cost of labor,materials,equipment,or services
ILCS 50511)as follows: CLIENT shall approve or disapprove fiunished by others,or over the Contractor's methods of
an invoice from ENGINEER within 30 days after the receipt of determining prices,or over competitive bidding or market
such invoice,or within 30 days after the date on which the conditions,ENGINEER cannot and does not guarantee that
services were rendered,whichever is later. Any invoice proposals,bids,or actual Construction Cost will not vary from
approved for payment shall be paid within 30 days after the date opinions of probable Construction Cost prepared by
of approval. If payment is not made within such 30 day period, ENGINEER. If CLIENT wishes greater assurance as to
an interest penalty of I%of any amount approved and unpaid probable Construction Cost,CLIENT shall employ an
shall be added for each month or fraction thereof after the independent cost estimator.
expiration such 30 day period,until final payment is made.In
addition,ENGINEER may,after giving seven days written 5.02 Designing to Construction Cost Limit
notice to CLIENT,suspend services under this Agreement until
ENGINEER has been paid in full all amounts due for services, A. If a Construction Cost limit is established between CLIENT and
expenses,and other related charges. Payments will be credited ENGINEER,such Construction Cost limit and a statement of
first to interest and then to principal. ENGINEER's rights and responsibilities with respect thereto
will be specifically set forth in Exhibit C-Supplemental General
C. Disputed Invoices. In the event of a disputed or contested Conditions.
invoice,only that portion so contested may be withheld from
payment,and the undisputed portion will be paid in accordance 5.03 Opinions of Total Project Costs
with the Local Government Prompt Payment Act.
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.
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Exhibit A
Standard Terms and Conditions
Page 4
A. The standard of care for all professional engineering and related incident to the Contractor's work in progress,nor for any failure
services performed or furnished by ENGINEER under this of Contractor to comply with Laws and Regulations applicable
Agreement will be the care and skill ordinarily used by members to Contractor's furnishing and performing the Work
of ENGINEER's profession practicing under similar
circumstances at the same time and in the same locality. J. ENGINEER neither guarantees the performance of any
ENGINEER makes no warranties,express or implied,under this Contractor nor assumes responsibility for any Contractor's
Agreement or otherwise,in connection with ENGINEER's failure to famish and perform the Work in accordance with the
services. Contract Documents.
B. ENGINEER shall be responsible for the technical accuracy of its K. ENGINEER shall not be responsible for the acts or omissions of
services and documents resulting therefrom,and CLIENT shall any Contractor(s),subcontractor or supplier,or of any of the
not be responsible for discovering deficiencies therein. Contractor's agents or employees or any other persons(except
ENGINEER shall correct such deficiencies without additional ENGINEER's own employees)at the Site or otherwise
compensation except to the extant such action is directly furnishing or performing any of the Contractor's work;or for
attributable to deficiencies in CLIENT-furnished information. any decision made on interpretations or clarifications of the
Contract Documents given by CLIENT without consultation and
C. ENGINEER shall perform or famish professional engineering advice of ENGINEER.
and related services in all phases of the Project to which this
Agreement applies. ENGINEER shall serve as CLIENT's prime L. The General Conditions for any construction contract documents
professional for the Project. ENGINEER may employ such prepared hereunder are to be the"Standard General Conditions
ENGINEER's Consultants as ENGINEER deems necessary to of the Construction Contract"as prepared by the Engineers Joint
assist in the performance or furnishing of the services. Contract Documents Committee(Document No.1910-8,1996
ENGINEER shall not be required to employ any ENGINEER's Edition)unless both parties mutually agree to use other General
Consultant unacceptable to ENGINEER. Conditions.
D. ENGINEER and CLIENT shall comply with applicable Laws or 6.02 Authorized Project Representatives
Regulations and CLIENT-mandated standards. This Agreement
is based on these requirements as of its Effective Date. Changes A. Contemporaneous with the execution of this Agreement,
to these requirements after the Effective Date of this Agreement ENGINEER and CLIENT shall designate specific individuals to
may be the basis for modifications to CLIENT's responsibilities act as ENGINEER's and CLIENT's representatives with respect
or to ENGINEER's scope of services,times of performance,or to the services to be performed or fianished by ENGINEER and
compensation. responsibilities of CLIENT under this Agreement. Such
individuals shall have authority to transmit instructions,receive
E. CLIENT shall be responsible for,and ENGINEER may rely information,and render decisions relative to the Project on
upon,the accuracy and completeness of all requirements, behalf of each respective party.
programs,instructions,reports,data,and other information
furnished by CLIENT to ENGINEER pursuant to this 6.03 Design without Construction Phase Services
Agreement. ENGINEER may use such requirements,reports,
data,and information in performing or furnishing services under A. Should CLIENT provide Construction Phase services with either
this Agreement. CLIENT's representatives or a third party,ENGINEER's Basic
Services under this Agreement will be considered to be
F. CLIENT shall make decisions and cavy out its other completed upon completion of the Final Design Phase or
responsibilities in a timely manner and shall bear all costs Bidding or Negotiating Phase as outlined in the Letter
incident thereto so as not to delay the services of ENGINEER. Agreement.
G. Prior to the commencement of the Construction Phase,CLIENT B. It is understood and agreed that if ENGINEER's Basic Services
shall notify ENGINEER of any other notice or certification that under this Agreement do not include Project observation,or
ENGINEER will be requested to provide to CLIENT or third review of the Contractor's performance,or any other
parties in connection with the Project. CLIENT and Construction Phase services,and that such services will be
ENGINEER shall reach agreement on the terns of any such provided by CLIENT,then CLIENT assumes all responsibility
requested notice or certification,and CLIENT shall authorize for interpretation of the Contract Documents and for
such Additional Services as are necessary to enable ENGINEER construction observation or review and waives any claims
to provide the notices or certifications requested. against the ENGINEER that may be in any way connected
thereto.
H. ENGINEER shall not be required to sign any documents,no
matter by whom requested,that would result in the 6.04 Use of Documents
ENGINEER's having to certify,guarantee or warrant the
existence of conditions whose existence the ENGINEER cannot A. All Documents are instruments of service in respect to this
ascertain. CLIENT agrees not to make resolution of any dispute Project,and ENGINEER shall retain an ownership and property
with the ENGINEER or payment of any amount due to the interest therein(including the right of reuse at the discretion of
ENGINEER in any way contingent upon the ENGINEER's the ENGINEER)whether or not the Project is completed.
signing any such certification.
B. Copies of CLIENT-furnished data that may be relied upon by
1. During the Construction Phase,ENGINEER shall not supervise, ENGINEER are limited to the printed copies(also known as
direct,or have control over Contractor's work,nor shall hard copies)that are delivered to the ENGINEER. Files in
ENGINEER have authority over or responsibility for the means, electronic media format of text,data,graphics,or of other types
methods,techniques,sequences,or procedures of construction that are finnished by CLIENT to ENGINEER are only for
selected by Contractor,for safety precautions and programs convenience of ENGINEER. Any conclusion or information
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Exhibit A
Standard Terms and Conditions
Page 5
obtained or derived from such electronic files will be at the Each Accident $1,000,000
user's sole risk.
5. Professional Liability
C. Copies of Documents that may be relied upon by CLIENT are a. Each Occurrence: $2,000,000
limited to the printed copies(also known as hard copies)that are b. General Aggregate: $2,000,000
signed or sealed by the ENGINEER. Files in electronic media
format of text,data,graphics,or of other types that are famished The General Liability,Excess or Umbrella Liability,and
by ENGINEER to CLIENT are only for convenience of Automobile Liability insurance policies and/or coverages must
CLIENT. Any conclusion or information obtained or derived name CLIENT as an additional inured.
from such electronic files will be at the user's sole risk.
B. CLIENT shall cause ENGINEER and ENGINEER's
D. Because data stored in electronic media format can deteriorate or Consultants to be listed as additional insureds on any general
be modified inadvertently or otherwise without authorization of liability or property insurance policies carried by CLIENT which
the data's creator,the party receiving electronic files agrees that are applicable to the Project.
it will perform acceptance tests or procedures within 60 days,
after which the receiving party shall be deemed to have accepted C. CLIENT shall require Contractor to purchase and maintain
the data thus transferred. Any errors detected within the 60-day general liability and other insurance as specified in the Contract
acceptance period will be corrected by the party delivering the Documents and to cause ENGINEER and ENGINEER's
electronic files. ENGINEER shall not be responsible to maintain Consultants to be listed as additional insureds with respect to
documents stored in electronic media format after acceptance by such liability and other insurance purchased and maintained by
CLIENT. Contractor for the Project
E. When transferring documents in electronic media format, D. CLIENT and ENGINEER shall each deliver to the other
ENGINEER makes no representations as to long term certificates of insurance evidencing the coverage.
compatibility,usability,or readability of documents resulting
from the use of software application packages,operating E. All policies of property insurance shall contain provisions to the
systems,or computer hardware differing from those used by effect that ENGINEER's and ENGINEER's Consultants'
ENGINEER at the beginning of this Project. interests are covered and that in the event of payment of any loss
or damage the insurers will have no rights of recovery against
F. CLIENT may make and retain copies of Documents for any of the insureds or additional insureds thereunder.
information and reference in connection with use on the Project
by CLIENT. Such Documents are not intended or represented to F. At any time,CLIENT may request that ENGINEER,at
be suitable for reuse by CLIENT or others on extensions of the CLIENT's sole expense,provide additional insurance coverage,
Projector on any other project. Any such reuse or modification increased limits,or revised deductibles that are more protective.
without written verification or adaptation by ENGINEER,as If so requested by CLIENT,with the concurrence of
appropriate for the specific purpose intended,will be at ENGINEER,and if commercially available,ENGINEER shall
CLIENT's sole risk and without liability or legal exposure to obtain and shall require ENGINEER's Consultants to obtain
ENGINEER or to ENGINEER's Consultants. CLIENT shall such additional insurance coverage,different limits,or revised
indemnify and hold harmless ENGINEER and ENGINEER's deductibles for such periods of time as requested by CLIENT.
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:
1. 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):
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Exhibit A
Standard Terms and Conditions
Page 6
6.06 Termination A. CLIENT and ENGINEER each is hereby bound and the
partners,successors,executors,administrators and legal
A. The obligation to provide further services under this Agreement representatives of CLIENT and ENGINEER(and to the extent
may be terminated: permitted by paragraph 6.08.B the assigns of CLIENT and
ENGINEER)are hereby bound to the other party to this
1. For cause, Agreement and to the partners,successors,executors,
administrators and legal representatives(and said assigns)of
a. By either party upon thirty(30)days written notice in such other party,in respect of all covenants,agreements and
the event of substantial failure by the other party to obligations of this Agreement.
perform in accordance with this Agreement.
Notwithstanding,upon agreement of the parties,the B. Neither CLIENT nor ENGINEER may assign,sublet,or transfer
party in default or who has otherwise substantially any rights under or interest(including,but without limitation,
failed to perform,may be given a chance to cure the moneys that are due or may become due)in this Agreement
default within the thirty(30)day notice period. The without the written consent of the other,except to the extent that
thirty(30)day notice period and opportunity to cure any assignment,subletting,or transfer is mandated or restricted
may thereafter be extended for an additional thirty by law. Unless specifically stated to the contrary in any written
(30)days upon agreement of the parties. consent to an assignment,no assignment will release or
discharge the assignor from any duty or responsibility under this
b. By ENGINEER: Agreement.
1) upon seven(7)days written notice if C. Unless expressly provided otherwise in this Agreement:
ENGINEER believes that ENGINEER is being
requested by CLIENT to furnish or perform services 1. Nothing in this Agreement shall be construed to create,
contrary to ENGINEER's responsibilities as a impose,or give rise to any duty owed by CLIENT or
licensed professional;or ENGINEER to any Contractor,Contractor's subcontractor,
supplier,other individual or entity,or to any surety for or
2) upon seven(7)days written notice if the employee of any of them.
ENGINEER's services for the Project are delayed or
suspended for more than 90 days for reasons beyond 2. All duties and responsibilities undertaken pursuant to this
ENGINEER's control. Agreement will be for the sole and exclusive benefit of
CLIENT and ENGINEER and not for the benefit of any
other party. The CLIENT agrees that the substance of the
provisions of this paragraph 6.08.0 shall appear in the
C. By CLIENT: Contract Documents.
1) Upon seven(7)days written notice in the event 6.09 Dispute Resolution
of material breaches of this Agreement,which
in the opinion of CLIENT,cannot be cured. A. CLIENT and ENGINEER agree to negotiate all disputes
between them in good faith for a period of 30 days from the date
2) Upon seven(7)days written notice if the of notice prior to exercising their rights under provisions of this
ENGINEER's performance under this Agreement,or under law. In the absence of such an agreement,
Agreement is delayed or suspended for a period the parties may exercise their rights under law.
of ninety(90)days or more due to no fault of
CLIENT and for reasons beyond CLIENT's B. If and to the extent that CLIENT and ENGINEER have agreed
control. on a method and procedure for resolving disputes between them
arising out of or relating to this Agreement,such dispute
2. For convenience, resolution method and procedure is set forth in Exhibit C,
"Supplemental Conditions."
a. By CLIENT effective upon the receipt of written
notice by ENGINEER. 6.10 Hazardous Environmental Condition
B. The terminating party under paragraphs 6.06.A.I or 6.06.A.2 A. CLIENT represents to Engineer that to the best of its knowledge
may set the effective date of termination at a time up to 30 days a Hazardous Environmental Condition does not exist at the
later than otherwise provided to allow ENGINEER to Project site.
demobilize personnel and equipment from the Site,to complete
tasks whose value would otherwise be lost,to prepare notes as to B. CLIENT has disclosed to the best of its knowledge to
the status of completed and uncompleted tasks,and to assemble ENGINEER the existence of all Asbestos,PCB's,Petroleum,
Project materials in orderly files. Hazardous Waste,or Radioactive Material located at or near the
Site,including type,quantity and location.
6.07 Controlling Law and Venue
C. If a Hazardous Environmental Condition is encountered or
A This Agreement is to be governed by the law of the State of alleged,ENGINEER shall have the obligation to notify CLIENT
Illinois. Venue over any legal action shall be proper only in the and,to the extent of applicable Laws and Regulations,
Circuit Court of Kane County. appropriate governmental officials.
6.08 Successors,Assigns,and Beneficiaries D. It is acknowledged by both parties that ENGINEER's scope of
services does not include any services related to a Hazardous
Environmental Condition. In the event ENGINEER or any other
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Exhibit A
Standard Terms and Conditions
Page 7
party encounters a Hazardous Environmental Condition, stricken,and all remaining provisions shall continue to be valid
ENGINEER may,at its option and without liability for and binding upon CLIENT and ENGINEER,who agree that the
consequential or any other damages,suspend performance of Agreement shall be reformed to replace such stricken provision
services on the portion of the Project affected thereby until or part thereof with a valid and enforceable provision that comes
CLIENT: (i)retains appropriate specialist consultant(s)or as close as possible to expressing the intention of the stricken
contractor(s)to identify and,as appropriate,abate,remediate,or provision.
remove the Hazardous Environmental Condition;and(ii)
wan-ants that the Site is in full compliance with applicable Laws 6.15 Waiver
and Regulations.
A. Non-enforcement of any provision by either party shall not
E. CLIENT acknowledges that ENGINEER is performing constitute a waiver of that provision,nor shall it affect the
professional services for CLIENT and that ENGINEER is not enforceability of that provision or of the remainder of this
and shall not be required to become an"an-anger,"`operator," Agreement.
"generator,"or"transporter"of hazardous substances,as defined
in the Comprehensive Environmental Response,Compensation, 6.16 Headings
and liability Act of 1990(CERCLA),which are or may be
encountered at or near the Site in connection with ENGINEER's A. The headings used in this Agreement are for general reference
activities under this Agreement. only and do not have special significance.
F. If ENGINEER's services under this Agreement cannot be 6.16 Definitions
performed because of a Hazardous Environmental Condition,the
existence of the condition shall justify ENGINEER's terminating A. Defined terms will be in accordance with EJCDC No. 1910-1
this Agreement for cause on 30 days'notice in accordance with (1996 Edition)
the procedures set forth in Section 6.06(Ax1).
6.11 Allocation of Risks
A. Indemnification
1. To the fullest extent permitted by law,ENGINEER shall
indemnify and hold harmless CLIENT,CLIENT's elected
officials,officers,directors,partners,and employees from
and against any and 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 solely by the negligent acts or omissions of
ENGINEER or ENGINEER's officers,directors,partners,
employees,and ENGINEER's Consultants in the
performance and furnishing of ENGINEER's services
under this Agreement.
2.
5. The indemnification provision of paragraph 6.1 I.A.l is
subject to and limited by the provisions agreed to by
CLIENT and ENGINEER in Exhibit C,"Supplemental
Conditions,"if any.
6.12 Notices
A. Any notice required under this Agreement will be in writing,
addressed to the appropriate party at its address on the signature
page and given personally,or by registered or certified mail
postage prepaid,or by a commercial courier service. All notices
shall be effective upon the date of receipt.
6.13 Survival
A. All express representations,indemnifications,or limitations of
liability included in this Agreement will survive its completion
or termination for any reason.
6.14 Severability
A. Any provision or part of the Agreement held to be void or
unenforceable under any Laws or Regulations shall be deemed
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Exhibit A
Standard Terms and Conditions
Page 8
This Page is intentionally left blank
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Fox Lake,Illinois 60020 www.trotter-inc.com St.Charles,Illinois 60175
Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
CLIENT Initial 0°
TAI Initial WROTTER
A�S=60-"c- 'IATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT B
SUPPLEMENTAL CONDITIONS
NONE AT THIS TIME
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Exhibit B
Supplemental Conditions
Page 2
This Page Is Intentionally Left Blank
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CLIENT Initial
TAI Initial LTI
ROTTFRSOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT C
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.
3.
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:
I I TROTTER AND ASSOCIATES,INC.
SIGNED:
TITLE TITLE
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Exhibit C
Contract Addendum
Page 2
This Page Is Intentionally Left Blank
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Ph:630.587.0470 Fax 630.587.0475 Ph:630.587.0470 Fax 630.587.0475
CLIENT Initial 0.
TAI Initial ALT
ROTTER
SOCIATES, INC.
ENGINEERS AND SURVEYORS
EXHIBIT D
35TH STREET PAS SITE PLAN
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ATTACHMENT B
INSURANCE REQUIREMENTS
Certificates of Insurance shall be presented to the Village within fifteen (15)
days after the receipt by the contractor of the Notice of Award and the
unexecuted contract, it being understood and agreed that the Village will not
approve and execute the contract until acceptable insurance certificates are
received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of
Oak Brook and each permittee working under a permit as required pursuant to
the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of
Oak Brook (hereinafter referred to as "Insured") shall be required to carry such
insurance as specified herein. Such contractor and permittee shall procure and
maintain for the duration of the contract or permit insurance against claims for
injuries to persons or damages to property which may arise from or in connection
with the performance of the work under the contract or permit, either by the
contractor, permittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, provided that when
the estimated cost of the work in question does not exceed $25,000, the
required limit shall be $1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per
accident for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation
limits as required by the Labor Code of the State of Illinois and Employer's
Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by
the Village. At the option of the Village, either the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the Village, its
officers, officials, employees and volunteers; or the Insured shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses to the extent of such deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of
activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no
special limitations on the scope of protection afforded to the Village,
its officers, officials, employees, volunteers, or agents.
(2) The Insured's insurance coverage shall be primary insurance as
respects the Village, its officers, officials, employees, volunteers and
agents. Any insurance or self-insurance maintained by the Village,
its officers, officials, employees, volunteers or agents shall be in
excess of the Insured's insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Village, its officers, officials,
employees, volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered party
against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its
officers, officials, employees, volunteers and agents for losses arising
from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail has been
given to the Village. Each insurance policy shall name the Village, its officers,
officials and employees, volunteers and agents as additional Insureds.
Insurance is to be placed with insurers with a Best's rating of no less than A:
VII.
Each Insured shall furnish the Village with certificates of insurance and with
original endorsements effecting coverage required by this provision. The
certificate and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms approved by the Village and
shall be subject to approval by the Village Attorney before work commences.
The Village reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements
stated herein.