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HomeMy WebLinkAbout19-146 Resolution No. 19-146 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE WATER UTILITIES RISK AND RESILIENCE ASSESSMENT STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional services in connection with the water utilities risk and resilience assessment study, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2019 Adopted: October 23, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 9/20/2019 AGREEMENT THIS AGREEMENT is made and entered into this 23 day of October , 2019 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and ENGINEERING ENTERPRISES,INC.,an Illinois Corporation(hereinafter referred to as"ENGINEER"). WHEREAS, Section 2013 of the AMERICAN WATER INFRASTRUCTURE ACT (passed 10/23/2018 with final guidance documents provided on August 1,2019)requires the CITY to certify the completion of a RISK AND RESILIENCE ASSESSMENT by March 31, 2020;and WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the RISK AND RESILIENCE ASSESSMENT(hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water Director of the CITY, herein after referred to as the "DIRECTOR". B. The intent of the PROJECT is to conduct a Risk and Resilience Assessment according the guidelines provided in AWWA/ANSI J-100 Standard"Risk Analysis and Management for Critical Asset Protection(RAMCAP®) Standard for Risk and Resilience Management of Water and Wastewater Systems". C. A detailed Scope of Services is attached hereto as Attachment A. D. It is acknowledged that the Scope of Services in Attachment A does not include completion of an Emergency Response Plan, which is also required under the American Water Infrastructure Act not later than six (6) months after completion of the Risk and Resilience Assessment. Should the CITY choose to engage the ENGINEER for completing the Emergency Response Plan, an amendment to this Agreement executed by the parties shall be required. Furthermore, it is anticipated that the fees for completing the Emergency Response Plan would be approximately $30,000. - 1 - 9/20/2019 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for the services under this Agreement a lump sum of Forty-nine Thousand and Five Hundred Dollars($49,500), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR, and approved pursuant to a written amendment to this Agreement executed by both parties. Attachment C provides a summary of the level of effort and associated cost for the scope of services for the project. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. - 2 - 9/20/2019 C. All costs and expenses incurred by the ENGINEER in connection with the services under this Agreement are included within the total lump sum amounts provided for in Section 4A above. Payment Schedule ESTIMATED ESTIMATED VALUE ESTIMATED % OF WORK INVOICE DATE COMPLETE COMPLETE VALUE 11/15/2019 16.67% $8,250 $8,250 12/15/2019 16.67% $8,250 $16,500 1/15/2020 16.67% $8,250 $24,750 2/15/2020 16.67% $8,250 $33,000 3/15/2020 16.67% $8,250 $41,250 4/15/2020 16.67% $8,250 $49,500 Total 100% $49,500 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2C above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. - 3 - 9/20/2019 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition,if either party, by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,including but not limited to workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. -4 - 9/20/2019 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety - 5 - 9/20/2019 precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part,of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however,that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that,if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. - 6 - 9/20/2019 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: - 7 - 9/20/2019 A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Eric Weiss Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 - 8 - 9/20/2019 B. As to ENGINEER: Jeffrey W. Freeman, P.E., CFM, LEED AP Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By / By: 4:166w City Manager Name rint: Jeffrey W. Freeman. P.E., CFM, LEED AP Title: Vice President (44e-ey bele A e City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-01-23-12.docx -9- ATTACHMENT A SCOPE OF SERVICES RISK AND RESILIENCE ASSESSMENT City of Elgin. IL BACKGROUND The American Water Infrastructure Act (Public Law Number 115-270, passed 10/23/2018) requires all Community Water Supplies serving populations greater than 3,300 to conduct an assessment of the risks to, and resilience of, its water system. The Risk and Resilience Assessment (RRA) must include an assessment of: • the risk to the system from malevolent acts and natural hazards; • the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; • the monitoring practices of the system; • the financial infrastructure of the system; • the use, storage, or handling of various chemicals by the system; and • the operation and maintenance of the system. Final US EPA Guidance Documents for the RRA were available on August 1, 2019. Based on the population served of approximately 112,000, the City of Elgin Water Utility (EWU) must submit to the US EPA Administrator a certification that the system has conducted a compliant RRA prior to March 31, 2020. In addition, EWU must prepare or revise, where necessary, an ERP that incorporates findings of the RRA. EWU must certify to the US EPA Administrator, not later than 6 months after completion of the RRA, that they have completed such a plan. Engineering Enterprises Inc. (EEI) will assist EWU in meeting the regulatory requirements of the American Water Infrastructure Act by conducting the following Scope of Services. The Scope of Services only covers the RRA, it does not include the ERP. Should EWU choose to the engage EEI for completing the ERP, an amendment to this contract may be executed. EEI expects the fees for the ERP to be approximately $30,000. TASK A: PROJECT ADMINISTRATION AND FACILITATION Task A-1: Project Administration Project administration includes, but is not limited to. organizing project records, tracking and reviewing project progress, and ensuring the project team is meeting overall and specific project goals and objectives. ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A— Scope of Services Page 2 of 7 Task A-2: Stakeholder Assistance Stakeholder Involvement is important to the development of the RRA. It promotes consensus on risk management priorities among stakeholders and encourages them to take ownership of the decisions made during the process. It is also required to fulfill the regulatory requirements of the program. EEI will assist EWU in designating internal and external stakeholders that will participate in the development of the RRA. We anticipate the following stakeholder groupings: • Program Champion — One (1) Water Utility employee responsible for overall project coordination. • Steering Committee — Four (4) to six (6) Water Utility employees (including the Program Champion) who will review technical information and participate in key decisions regarding the Utility's priorities and preferences throughout the project. • Stakeholder Group — Six (6) to ten (10) representatives from other organizations inside and outside the City who will participate in one (1) or two (2) Workshops and provide input based on the perspective of the organization they represent. EEI will provide EWU with a description of the roles and responsibilities of the stakeholders. draft invitations to prospective stakeholders, preliminary meeting schedules and topics, and recommendations for those agencies to include. EEI will lead up to six (6) workshops during the development of the RRA. It is anticipated that four (4) workshops will be conducted with primarily EWU staff and two (2) workshops will include the larger Stakeholder Group. If all six workshops are not performed, the Director will have the option of substituting other work tasks for those workshops. For each workshop, EEI will provide EWU with relevant information to be distributed participants prior to the workshop. During the workshops. EEI will present general background and technical information concerning the topics to be presented and discussed. The purpose of the Stakeholder Group Workshops is to receive comments and suggestions from participants based on their perspectives. EWU will be afforded the opportunity to make presentations during the Stakeholder Group Workshops, as desired. Task A-3: Steering Committee Work Session Assistance and Progress Meetings EEI will lead up to six Steering Committee Work Sessions during the development of the RRA EEI will provide the Steering Committee with relevant background information prior to each meeting. The meetings will be an opportunity for EWU to provide input on their priorities and preferences regarding key decisions during the development of the RRA. TASK B — RISK AND RESILIENCE PLAN Task B-1: Asset Characterization An Asset Characterization will be completed in accordance with the AWWA/ANSI J-100 Risk Analysis and Management for Critical Asset Protection (RAMCAP) Standard. The purpose of Asset Characterization is to determine the water assets that, if compromised, could impair EWU's ability to complete its mission. ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A — Scope of Services Page 3 of 7 For Task B-1, EEI will review relevant information from EWU and other sources, facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: a) Identify critical functions of EWU and associated assets to determine which assets are critical to the Utility's mission. b) Develop a list of potentially critical assets. c) Identify the critical internal and external infrastructures that support the potentially critical assets. d) Identify and document existing protective countermeasures and mitigation measures/features associated with the potentially critical assets. e) Estimate the worst reasonable consequences resulting from the destruction or loss of each potentially critical asset, without regard to the threat. f) Prioritize the potentially critical assets using the estimated consequences. g) Identify critical assets by screening the prioritized list using criteria relevant to the decisions to be made. Task B-2: Threat Characterization A Threat Characterization will be completed in accordance with the AWWA/ANSI J-100 Risk Analysis and Management for Critical Asset Protection (RAMCAP) Standard. The threats to be considered will include man-made hazards or accidents, natural hazards, and dependency hazards (interruptions of supply chains or proximity to dangerous sites). The specific threats in each category will include the Reference Threats defined by the RAMCAP methodology (see table on next page). Other threats may be added at the utility's discretion. RAMCAP Reference Threats Hazard Type Hazard Description Natural N(H)Hurricanes N(E)Earthquakes N(T)Tornadoes N(F)Floods N(W)Wildfire N(I)Ice storms Dependency& DIU)Loss of Utilities 0151 Loss of Suppliers DIE)Loss of DICILoss of Customers Proximity Employees DIT)Loss of Transportation DIP)Proximity to other targets Product C(C)Chemical C(R)Radionuclide C(B)Biotoxin C(P)Pathogen Contamination C(W)Weaponization of water disposal system Sabotage 5(PI)Physical— SIPU)Physical— SICI)Cyber—Insider SICUI Cyber—Outsider Insider Outsider Theft or Diversion T(PI)Physical—Insider TIPU)Physical— T(CI)Cyber—Insider T(CU)Cyber—Outsider Outsider Attack:Marine (M1)Small Boat (M2)Fast Boat (M3)Barge (M4)Ocean Ship Attack:Aircraft (Al)Helicopter (A2)Small Plane (A3)Medium. (A4)Long-Flight Jet Regional Jet Attack:Automotive (V1)Car (V2)Van (V3)Midsize Truck (V4)Large Truck 118 Wheeler Attack: Assault Team (AT1) 1 Assailant IAT2)2-4 Assailants (AT3)5-8 Assailants (AT4)9-16 Assailants ENGINEERING ENTERPRISES, INC. CONSULTING ENGINEERS Exhibit A— Scope of Services Page 4 of 7 For Task B-2, EEI will review relevant information from EWU and other sources, facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: Task B-3: Consequence Analysis This task identifies the worst reasonable consequences that can be caused by the specific threat-asset pairs identified in Task 2-B. The consequence analysis will consider: • Number of fatalities • Number of serious injuries, • Financial loss to the owners of the facility • Economic losses to the community The consequence analysis may be based upon reasonable estimates. Consequences relate to degradation in public confidence. environmental quality, the ability of civilian or military agencies to function, etc. using a qualitative, descriptive analyses. For Task B-3, EEI will review relevant information from EWU and other sources. facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: a) Apply worst-reasonable-case assumptions for each threat critical threat-asset pair and document the assumptions for each case. b) Estimate the consequences in terms of loss of life and serious injury, financial losses to the Water Utility, duration and severity of service denial for the affected customers, and economic losses to society and the public. c) Evaluate additional consequences if desired. d) Document the specific assumptions and procedures used for performing this consequence analysis, the worst-reasonable-case assumptions, and the results of the consequence analysis. e) Record the consequence values for use in determining Risk and Resilience values (Task B-6). Task B-4: Vulnerability Analysis This task analyzes the ability of each critical asset and its protective systems to withstand each specified threat. Vulnerability analysis for malevolent events estimates the likelihood that an adversary will be successful in executing a specific attack mode on an asset, given that the attack occurs. For natural hazards, dependency hazards, and proximity hazards, the vulnerability is the likelihood that, given the hazard occurs, the estimated consequences will ensue. For Task B-4, EEI will review relevant information from EWU and other sources, facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: a) Review pertinent details of the facility construction, systems, and layout. Evaluate existing countermeasures, mitigation measures, and other impediments to threats, such as topographic, design. and equipment features that provide deterrence, detection systems, and delay features, and local and supporting response measures. Evaluate ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Exhibit A – Scope of Services Page 5 of 7 information on interdependencies. personnel interactions, and process flows within the facility and identify vulnerabilities or weaknesses in the protection system. b) Analyze the vulnerability of each critical asset or system to estimate the likelihood that, given the occurrence of a threat, the consequences estimated will result. c) Document the method used for performing the vulnerability analysis, the worst- reasonable-case assumptions, and the results of the vulnerability analysis. d) Record the vulnerability estimates as point estimates. The likelihood of attack success will be expressed as a fraction representing the number of successes among attempts. Task B-5: Threat Analysis This task estimates the likelihood of malevolent event, dependency/proximity hazard, or natural hazard. There are three methods allowed by the J-100 RAMCAP process. EEI will use the most appropriate method given the specific threat being analyzed. For Task B-5, EEI will review relevant information from EWU and other sources, facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: a) Malevolent Threats. Estimate the likelihood of a malevolent event is based on the adversary's objectives and capabilities and the attractiveness of the region, facility, and threat–asset pair relative to alternative targets. Any among the following three approaches to estimating malevolent threat likelihood may be used: i. Proxy Measure—Proxy measures may be based on attractiveness of utility, size of metropolitan area, amount of governmental facilities in the area, or other attributes and be provided by industry or other organizations to provide a common basis for evaluation of risk from malevolent threats. ii. Best Estimate—With this method, likelihood is determined based on informed experience of the organization, input from federal, state, and local law enforcement, and others. The likelihood will be either an ordinal measure, e.g.. low, medium, high, very high, or can be a probability with a value between 0.0 and 1.0. iii. Conditional Assignment—With this method, the likelihood of the threat is considered to be a probability of 1.0. This is a useful approach for examining the worst-case potential for a variety of malevolent threats. b) Natural Hazards. Estimate the probability of natural hazards by drawing on the historical record for the specific location of the asset. The frequencies for various levels of severity of natural hazards will be estimated using published records for earthquakes, tornadoes, and floods. c) Dependency and Proximity Hazards. Estimate the likelihood of dependency hazards based on local historical records for the frequency. severity, and duration of service denials. ENGINEERING ENTERPRISES, INC. CONSULTING ENGINEERS Exhibit A — Scope of Services Page 6 of 7 d) Record Estimates. Record the method used for making the estimates and the estimates themselves, as either single-valued point estimates or ranges. Task 8-6: Risk and Resilience Analysis This task step combines the results from Tasks B-1 through B-5 into estimates of EWU's risk and resilience. For Task B-6, EEI will review relevant information from EWU and other sources, facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: a) Calculate risk for each threat—asset pair as the product of the results from Consequence Analysis, Vulnerability Analysis. and Threat Analysis, using the following equation: • Risk = Consequences x Vulnerability x Threat Likelihood = C x V x T • Where:Consequences are as estimated in Task B-3, Vulnerability is as estimated in Task B-4, and Threat likelihood is as estimated in Task B-5. b) Calculate the current level of resilience. i. The asset resilience metric is service denial due to a threat—asset pair, weighted by vulnerability and threat likelihood. • Asset Resilience Metric = Duration x Severity x Vulnerability x Threat Likelihood • Where:Duration = the time period of service denial, in days • Severity = the amount of daily service denied, in gallons per day • Vulnerability and Threat Likelihood are as defined above. ii. The economic resilience metric is lost revenue to the utility owner due to the threat—asset pair. Lost revenue is asset resilience times the unit price of the service, where price is the pre-disruption price. iii. The community economic resilience metric is the lost economic activity to the community served by the utility. For the community, the metric is the same as the economic loss to the community, estimated in Task B-3. c) Record the risk and resilience estimates for each threat—asset pair for use in Task 7. Task 8-7 - Risk and Resilience Management Risk and resilience management is the deliberate process of deciding whether actions are needed to enhance security or resilience or both. It includes deciding on and implementing one or a portfolio of options to achieve an acceptable level of risk and resilience at an acceptable cost to the utility and the community. For Task B-7, EEI will review relevant information from EWU and other sources, facilitate discussions, provide engineering support, and document decisions by the Steering Committee as necessary to complete the following tasks: ENGINEERING ENTERPRISES, INC. CONSULTING ENGINEERS Exhibit A– Scope of Services Page 7 of 7 a) Decide what risk and resilience levels are acceptable by examining the estimated results of the first six steps for each threat–asset pair. For those that are acceptable, document the decision. For those that are not acceptable. proceed to the next steps. b) Define countermeasure and mitigation/resilience options for those threat–asset pairs that are not acceptable. c) Estimate investment and operating costs of each option, being sure to include regular maintenance and periodic overhaul if expected. Adjust future costs to present value. d) Assess the options by analyzing the facility or asset under the assumption that the option has been implemented—revisiting all affected Tasks B-3 through B-6 to re- estimate the risk and resilience levels and calculating the estimated benefits of the option (the difference between the risk and resilience levels without the option and those with the option in place). e) Identify the options that have benefits that apply to multiple threat– asset pairs. f) Calculate the net benefits and benefit–cost ratio (and/or other criteria that are relevant in the utility's resource decision-making) to estimate the total value and risk-reduction efficiency of each option. g) Review the options considering all the dimensions—fatalities, serious injuries, financial losses to the owner, economic losses to the community, and qualitative factors—and allocate resources to the selected options. Determine the resources—financial, human, and other—needed to operate the selected options. Task B-8 - Risk and Resilience Assessment Documentation For Task B-8, EEI will document the procedures, findings, and results of the RRA process. The document will contain a description the results of Tasks B-1 through B-7, Stakeholder Workshop meeting attendees and minutes, a plan for implementing agreed upon operational and capital plans for decreasing risk and improving resilience. Additional Services The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the agreement and will be billed in accordance with EEI's current Standard Schedule of Charges. No such additional services shall be performed unless authorized pursuant to a written amendment to this Agreement entered into and executed by the parties. ENGINEERING ENTERPRISES, INC. CONSULTING ENGINEERS Engineering Enterprises,Inc. Attachment B: SCHEDULE RISK AND RESILIENCE ASSESSMENT CITY OF ELGIN IL WORK Year: 2019 2020 ITEM Month: OCT NOV DEC JAN FEB MAR NO. WORK ITEM Work Week Starting: Q N N o 7. coN N °' co N 2 O N N " oO N N °' D N 2 TASK A: PROJECT ADMINISTRATION AND FACILITATION A-1 Project Administration A-2 Stakeholder Assistance& Workshops (6 Workshops) A-3 Steering Committee Work Session Assist. & Progress Mtgs. (6 Mtgs.) TASK B: RISK AND RESILIENCE PLAN B-1 Asset Characterization (Tasks a-g) B-2 Threat Characterization (Tasks a-f) B-3 Consequence Analysis Tasks (a-e) B-4 Vulnerability Analysis (Tasks a-d) B-5 Threat Analysis (Tasks a-d) B-6 Risk and Resilience Analysis (Tasks a-c) B-7 Risk and Resilience Management (Tasks a-g) B-8 Risk and Resilience Assessment Documentation Legend Project Administration Work Item(s) Stakeholder Workshops Risk and Resilience Assessment 11411 Engineering Enterprises,Inc. ENTEREDDATE 9/20/2019 BY: TGH Attachment C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES RISK AND RESILIENCE ASSESSMENT CITY OF ELGIN, IL ENTITY: EEI WORK PRINCIPLE SENIOR ITEM COST WORK PROJECT ROLE: IN PROJECT PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER TECHNICIAN ADMIN. SUMM. ITEM NO. WORK ITEM HOURLY RATE: $203 $197 $141 $106 $70 TASK A: PROJECT ADMINISTRATION AND FACILITATION A-1 Project Administration 2 6 8 $1,588 A-2 Stakeholder Assistance&Workshops(6 Workshops) 30 30 3 1 64 $10,528 A-3 Steering Committee Assist.&Progress Mtgs. (6 Mtqs.) 2 30 30 3 1 66 $10,934 Project Administration and Facilitation Subtotal:I 4 66 60 6 2 138_ $23,050 TASK Bt RISK AND RESILIENCE PLAN B-1 Asset Characterization(Tasks a-g) 1 4 8 4 17 $2,543 B-2 Threat Characterization(Tasks a-f) 1 4 8 13 $2.119 B-3 Consequence Analysis Tasks(a-e) 4 8 12 $1.916 B-4 Vulnerability Analysis(Tasks a-d) 2 4 6 $958 B-5 Threat Analysis(Tasks a-d) 2 4 6 $958 B-6 Risk and Resilience Analysis(Tasks a-c) 2 4 6 $958 B-7 Risk and Resilience Management(Tasks a-g) 1 12 16 29 $4.823 B-8 Risk and Resilience Assessment Documentation 2 8 12 4 4 30 $4,378 Risk and Resilience Plan Subtotal:I 5 38 64 8 4 119 $18,653 PROJECT TOTAL:1 9 104 124 14 6 2571 $41,7031 Notes: DIRECT EXPENSES LABOR EXPENSES Subcontract with KaleTech L.L.C.for$7,500 Mileage= $0 Engineering Expenses= $39.799 Printing= $250 Drafting Expenses= $1,484 Subcontact with Kale Tech LLC= 7,500 Administrative Expenses= $426 DIRECT EXPENSES= $7,750 TOTAL LABOR EXPENSES= $41,703 "G\Public\Elgin\2019\EG1903 Risk&Resiliency Assessment\PSA\EG1903 Attachment C-Fee Schedule xlsx" TOTAL CONTRACT COSTS= I $49,453