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12-198Resolution No. 12 -198 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH BAXTER & WOODMAN CONTROL SYSTEMS INTEGRATION, LLC FOR WATER DEPARTMENT SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADES PROJECT 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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a third amendment agreement on behalf of the City of Elgin with Baxter & Woodman Control Systems Integration, LLC for Water Department Supervisory Control and Data Acquisition System Upgrades Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 14, 2012 Adopted: December 14, 2012 Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk THIRD AMENDMENT AGREEMENT This Amendment Agreement No. 3 is hereby made and entered into this 14th day of December 2012, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY ") and Baxter & Woodman Control Systems Integration, LLC, an Illinois Corporation (hereinafter referred to as "ENGINEER"), WHEREAS, the parties hereto have previously entered into the following Agreement, Amendments, and Change Order, hereinafter referred to as the "PREVIOUS AGREEMENT ": • Original Agreement dated June 10, 2009, attached hereto as Exhibit "A"; • First Amendment dated November 18, 2009 (Exhibit `B "); and • Second Amendment dated September 28, 2011 (Exhibit "C "); and • Change Order #1 dated October 1, 2012 (Exhibit "D "). WHEREAS, the PREVIOUS AGREEMENT provided for a maximum payment of $411,550; and WHEREAS, after completion of the PREVIOUS AGREEMENT, it was determined that the Water Department SCADA System shall be upgraded as described in the scope of the services, attached hereto as Exhibit "E ". WHEREAS, the parties hereto have each determined it to be in their best interest to again amend the PREVIOUS AGREEMENT; and WHEREAS, the circumstances necessitating these changes in performance contemplated by this amendment were not reasonable foreseeable at the time the PREVIOUS AGREEMENT was signed; the changes contemplated by this Amendment Agreement are germane to the PREVIOUS AGREEMENT as signed; and this Third Amendment Agreement is in the best interests of the CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Section 1 of the Original Agreement, as amended by the First Amendment agreement and the Second Amendment Agreement, relating to the Scope of Services, is hereby further amended by adding thereto the additional services to be provided by the ENGINEER as set forth in the ENGINEER'S letter dated September 19, 2012 consisting of six (6) pages, a copy of which is attached hereto as Exhibit `B" and made a part hereof by this reference. 2. Section 4 of the ORIGINAL AGREEMENT, as amended by the First Amendment Agreement and the Second Amendment Agreement, relating to payments to the ENGINEER, be and is hereby amended by adding the following additional provisions thereto: EXIBIBIT A AGREEMENT THIS AGREEMENT is made and entered into this /U" day of ne..,- , 2009, by and between the CITY OF ELGIN, an Illinois municipal cozporafion ( hereinafte referred to as "CITY1, ) andB& W Control Systems Integration, an Illinois Corporation (hereinafter referred to as "ENGINEER "). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Water Department SCADA System Upgrades (hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that he 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: I. SCOPE OF SERVICES Phase I A. All work hereunder shall be performed under the direction of the Water System Superintendent of the CITY, herein after referred to as the "SUPERINTENDENT" B. Outline of the services to be provided by the Engineer is: ENGINEER shall provide the services to the CITY for the PROJECT as outlined herein and as detailed in Attachment A hereto. 1. Meet with the City staff to discuss the SCADA System and layout of the ,)reject goals and objectives. 2. Review the current SCADA System. 3. Evaluate PLC data links, Ethernet and Radio System, 4. Evaluate Networking and bandwidtI? issues. 5. Evaluate Alarms. 6. Evaluate Reporting, collection of data and data storage. 7. Evaluate Security and backups. 8. Evaluate Power Reliability. 9. Evaluate Computer Hardware and Operating Systems. 10. Evaluate the upgrade of the FIX 32 software to the current version of iFIX platform. 11. Review the software packages including the bulk water software, XLReporter software and Concept 2.2 software for compatibility with future computers operating system. 12. Formulate a plan of action to achieve the goals of the upgrade and submit 5 copies of the final SCADA evaluation report. C. A detailed Scope of Services for phase I is attached hereto as Attachment A. D. Phase II of the project will include the installation of the hardware and software and the system integration based on the final report and recommendation from the City of Elgin, Illinois Water Department SCADA Upgrade May 2000, ENGINEER and accepted by the City. A detailed scope of the services will be developed based on the final findings. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. Project Kick -off Meeting June 15, 2009 SCADA System. Evaluation and Design July 27, 2009 Final Report August 4, 2009 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 bi- monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the SUPERINTENDENT attached to thepayregest a monthly status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, 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 SUPERINTENDENT provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are 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 Iiability or legal exposure to the ENGINEER. 4, PAYMENTS TO THE ENGINEER (Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Thirteen Thousands and Six Hundred Fifty Dollars ($13,650), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the SUPERINTENDENT. 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 SUPERINTENDENT. Payment Schedule Payment Invoice Date Value L July 24, 2009 $105250 2. August 21, 2009 $3,400 Total Contract: $13,650.00 A detailed Level of Effort and Associated Cost is attached hereto as Attachment C. ..it_y of Elgin, Illinois Water Department 5CADA Upgrade - 2 - 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 (I5) 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 Paragraph 4 above. 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 Article 5, 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. &. 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 SUPERINTENDENT relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the SUPERINTENDENT 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. 20, 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 City of Elgin, rrl :ncis Water Cepartmant SCAA Upgrade - 3 - 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, completion and/or termination of this Agreement. ill 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 ofthis 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 SUPERINTENDENT 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 SUPERINTENDENT. 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 51,000,000 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 SUPERINTENDENT as evidence of insurance protection, The policy shall not be modified or terminated without thirty (30) days prior written notice to the SUPERINTENDENT. City of Elgin, Illinois Grater Cepaitment SCAM Upgrade - 4 - 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 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 everyportion 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 terns, 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. City of Elgin, '111l,no�i.s water Department SCADA Upgrade - 5 - 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 SUPERINTENDENT, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the SUPERINTENDENT 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 havewritten sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state lava; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; City Of Eigine Illinois Water Department SCADA Upgrade - 6 - E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; 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. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the SUPERINTENDENT and to other participants which may affect cost or time of completion shall be made or confirmed in writing. The SUPERINTENDENT may also require other recommendations and communications by the ENGINEER bemade or confirmed in writing. 27. 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: Kyla Jacobsen Water System Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120 -5555 B. As to ENGINEER: Christopher T. Sosnowski, PE, MCP General Manager /Project Manager B &W Control Systems Integration 8678 Ridgefield Road Crystal Lake, IL 60012 City of Elgin, rllinois Water Department SCADA Upgrade 7 - 28. 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. 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: Attest: City Clerk City of Zlgin, T.ilinois Water Department SCADA Upgrade - cQ. FOR THE ENGINEER: �i sy Attachment A City of Elgin, Illinois Water Department SCADA System Upgrade 2009 Phase I for the Water Department SCADA System upgrade shall consist of the following: Current System Evaluation: The System Evaluation shall include but not limited to the following tasks: 1. Meet with the City staff to discuss the SCADA and layout of the project goals and objectives. 2. Review the current SCADA system. This includes the following tasks: • database design • tagging • node names • window setup • redundancy setup • remote nodes • graphic screens • Standards + Screen Layouts 3. PLC data links, Ethernet, Radio System: • Driver setup • PLC data table • Routing • Functionality and capability of the existing Modicon PLC's. • Spread Spectrum Radio communication 4. Netwc • • • • irking, Bandwidth issues: Switches, Routers and hubs Wire to fiber connectors Bottlenecks Collisions TCP /IP setup Fiber Optic Lines Microwave 5. Alarms: • Annunciation / Responses • Levels /Categories of alarms • Nuisance alarms Water Depamnent SCADA Upgrade 2009 6. Reporting, Collection of Data, Storage: • Database type • Amount of data • Historian 7. Security and backups • Cyber security • Data integrity 8. Power Reliability • State of current UPS's • Common points of failures 9. Computer Hardware, Operating Systems • Domain Controllers • Time Synching • Servers Setup • Redundancy of the servers 10. Fvaluate the upgrade of the FIX 32 software to the current version of iFIX platform, or any other recommended software packages. I. Review the software packages including the bulk water software, XLReporter reporting software and Concept 2.2 for compatibility with the future computers operating system. 12. Formulate a plan of action to achieve the goals of the upgrade and Submit 5 copies of the report that shall include the evaluation findings, recommendation, plan of action, and the upgrade implementation steps taken to ensure continuous operation of the existing system. Water Deparimmf SCADA Upgrade 2009 Attachment B City of Elgin, Illinois Water Department SCADA System Upgrade 2009 Following is the proposed schedule for Phase I of the Water Department SCADA System upgrade (all dates are 2009): Dates Action 6/15 Kickoff Meeting 6/22-7/10 Make assessment visits and meet with City staff to obtain SCADA system information. 7/13-7/20 Assess data and develop draft report. 7/20 Submit draft report to City for review. 7/27-7/31 Revise report based on review comments from City. 8/4 Submit Final Report. Water Department SCADA Upgmde 2009 S &W Control Systems Integration 8678 Ridgefield Road Crystal Lake, IL 60012 815.788.3600 office 815A55.0450 fax - wwj bv_resi.com Peter Bityou May 18, 2009 Water Operations Engineer City of Elgin 150 Dexter Ct. Elgin, IL 60120 Subject. SCADA System Upgrades SWCS7 Job No. 090347 Dear Peter: Following is our Scope of Services and associated Fee to provide a thorough evaluation and analysis of the City's water Supervisory Control and Data Acquisition (SCADA) system. e of Services Project Management Manage project activities, such as schedule and budget to ensure project is complete on time and meets the City's expectations. Attend kickoff meeting to confirm scope details of the project, discuss functionality of the existing SCADA system and known areas for improvement. Attend report comments meeting to discuss the draft report and respond to comments and questions that the County may have regarding the report before finalizing. Site Visits Visit the Riverside WTP and Airlite WTP to gather data on the existing SCADA system as required to evaluate and assess the SCADA system as defined in the City's RFP. Work with City Staff to analyze the City's existing SCADA Ethernet network. • Label SCADA - related networking cable that is not labeled. • Document SCADA - related Layer 3 (IP addressing) information. Preliminary Design Evaluate and assess the information obtained during the site visit and develop recommendations and a preliminary design for SCADA system improvements. Report • Organize the data and recommendations in a report that will include the following: • Summary and assessment of the existing SCADA system hardware and software. • SCADA system preliminary design information. • Data collecting and reporting system process analysis and recommended improvements. • SCADA network diagram using object oriented software (Microsoft Visio), including Layer 3 network documentation. • Budgetary cost estimate for recommended improvements. • Prioritization of improvements. Fee Our fee for the above scope of services is a lump sum of $13,650. Very truly yours, B &W CONTROL SYSTEMS INTEGRATION, LLC �t' I Michael D. Klein, P.E. Operations Manager MDK M9ELGNC10903 1 SCADA ASSESSMENMO INITIATJONWGREEMENMTT C- SCOPE AND FEE LETTER.DOCX r Sff- f 31 [ S FIRST AMENDMENT AGREEMENT This Amendment Agreement No. 1 is hereby made and entered into this / ?*day of aLdj ,Vjj2A 2009, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY") and B&W Control Systems Integration, an Illinois Corporation (hereinafter referred to as °ENGINEER"). WHEREAS, the parties hereto have previously entered into an Agreement dated June 10, 2009, attached hereto as Attachment "A" (hereinafter referred to as "ORIGINAL AGREEMENT "); and, WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of $13,650; and WHEREAS, after completion of the evaluation of the Water Department SCADA System and based on the final SCADA System Master Plan submitted to the City of Elgin Water Department in September 2009 it was determined that the Water Department SCADA System shall be upgraded as described in the scope of the services, attached hereto as Attachment `B ". WHEREAS, the parties hereto have each determined it to be in their best interest to again amend ORIGINAL AGREEMENT; and WHEREAS, the circumstances necessitating these changes in performance contemplated by this amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed; the changes contemplated by this Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this First Amendment Agreement is in the best interests of CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which --- _._is hereby, mutually acknowledged,_the parties hereto hereby agree _a. s 1. The scope of services outlined in Attachment "B" of the ORIGINAL AGREEMENT is hereby amended to include the following: A. Phase 1. 1. Replace SCADA Servers at Riverside WTP (Hardware and Software Upgrade) 2. Replace SCADA Servers at Airlite WTP (Hardware and Software Upgrade) 3. Install SCADA Terminal Server and related thin -client software. 4. Separate SCADA PLC network from Administration Network at Airlite WTP. 5. Separate SCADA PLC network from Administration Network at Riverside WTP. 6. Reconfigure SCADA System Security, 7. Develop and Test a Simple SCADA Disaster Recovery Plan. 1- B. Phase 2. 1. Replace SCADA Clients in Filter Room at Riverside WTP with two Operator interface Terminals (OITs). 2. Redevelop SCADA screens for Riverside WTP. 3. Redevelop SCADA screens for Airlite WTP, 4. Install, configure, and implement a Software -based Alarm System 5. Design configure, a new Web -based SCADA Reporting System 6. Implement a SCADA secure remote access system. 2. Paragraph 4(A) of the ORIGINAL AGREEMENT is hereby amended to read: "For Services provided by the ENGINEER shall not -to- exceed the limit of each phase as follows: A. Cost of Phase 1 of the SCADA System Improvements which includes the labor, software and hardware as outlined in Attachment "C", shall not exceed $131,500 (One Hundred Thirty One Thousands Five Hundred Dollars), B. Cost of Phase 2 of the SCADA System Improvements which includes the labor, softwaro__a jad hardware as outlined in Attachment "C ", shall not exceed J120-,090 (One Hundred Twenty Thousand Dollars). C. Cost of the Supplemental Services items of the SCADA System Improvements shall based on actual time and based on the prices listed on Attachment "D ". D. No additional payment shall be made to the Engineer regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. 3. The City's responsibilities are listed in attachment "E" 4. The Schedule of Work Chart is shown in Attachment "F". 5. Except as amended by this First Amendment Agreement, the ORIGINAL _. AGREEMENT between the_.p.rties shall ream in fu11 CITY OF ELGIN Attest City Clerk -2- B &W Control Systems Integration AGREEMENT THIS AGREEMENT is made and entered into this _Lo!%ay 09 the CITY OF ELGIN, an Illinois municipal corporation (hereinaff, Control Systems Integration, an Illinois Corporation (hereinafter A77AOt lrfzF v7- 7009, by and between referred to as "CITY ") andB &W referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Water Department SCADA System Upgrades (hereinafter referred to as the PROJECT); and - WHEREAS, the ENGINEER represents that he 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 terns 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 terns and conditions and stipulations, to -wit: I. SCOPE OF SERVICES Phase I A. All work hereunder shall be performed under the direction of the Water System Superintendent of the CITY, herein after referred to as the "SUPERINTENDENT" & Outline of the services to be provided by the Engineer is: ENGINEER shall provide the services to the CI "Y for the PROJECT as outlined herein and as detailed in Attachment A hereto. I. 2_ 3, 4. 5. 6, 7. J. 10 it 12 Meet with the City staff to discuss the SCADA System and layout of the project goals and objectives, Rescieu�t" tu.- curxeatt- S.CAL;ArSysiem.- .- -- - -.. — --- - -- -. -- Evaluate PLC data links, Ethernet and Radio System. Evaluate Networking and bandwidth issues. Evaluate Alarms. Evaluate Reporting, collection of data and data storage. Evaluate Security and backups. Evaluate Power Reliability, Evaluate Computer Hardware and Operating Systems. Evaluate the upgrade of the FIX 32 software to the current versiou of iFIX platform. Review the software packages including the bulk water software, XLReporler software and Concept 2.2 software for compatibility with future computers operating system. Formulate a plan of action to achieve the goals of the upgrade and submit 5 copies of the final SCADA evaluation report. C. A detailed Scope of Services for phase I is attached hereto as Attachment A. D. Phase II of the project will include the installation of the hardware and software and the systern integration based on the furaI report and reconunendation from the city Of eicin, r2linois ulat.er Department SCADA Upgrade - ntap 2009 ENGINEER and accepted by the City. A detailed scope of the services will be, developed based on the final findings. PROGRESS REPORTS A. An outline project milestone schedule is provided hcminunder. Project Kick -off Meeting dune 15, 2009 SCADA System Evaluation and Design July 27, 2009 Final Report August 4, 2009 B. A detailed project schedule for the Project is included as At,achment B3 attached hereto. Progress will be recorded on the project schedule and submitted bi-monthly as a component ofthe Status Report described in C below. C. The ENGINEER will submit to the SUPERINTENDENT attached to thepayregest a monthly status report keyed to the project schedule. A briefrian'ative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, wore drawings, studies, photographs; models and recommendations shall be the properly of the CITY and shall be delivered to the CITY upon request of the SUPERINTENDENT provided, however, that the ENGINEER may retain copies of such wort: products for its records. Such work nroducts are not intended or represented to be suitable for reuse by the CITY on any extension to the P RGJECT 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 Sun Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump -. - _.._....._._ -- s:rr ai�l'hirteeri Thousands a�isc S.x Hui�d'i'ed °Ei�y t3ol7ars`- (�I3�i50 }, x�garaiess o; actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the SUPERINTENDENT. B. The CITY shall make periodic payments to the ENGINEER based upon actual pror4css within 30 days after receipt and approval of invoice. Said periodic payRne3sts to the I NG?NEER Shall not exceed the amounts shovin in the falls ving schedule, and full payments for each task shall not be made until the task is completed and accepted by the SUPERINTENDENT. Payment Schedule Payment Invoice Date Value 1. July 24, 2009 $10,250 2. August 21, 2009 $35400 Total Contract: $13.650,00 A detailed Level of Effort and Associated Cost is attaciaed hereto as Attachment C. City a_ Elgin, SltinodS fuser Department: SCADA Upy rode - 2 - 5. INN70ICES 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 representativo 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 tenninate this Agreement at any time upon fifteen (I5) clays 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 Paragraph 4 above. TERM This Agreement shall become effective as of fire date the ENGINEER is given a notice to proceed and, unless terminated for cause orpursuant to Article 5, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's word: under this ALneemenf is completed. A determination of completion shall not constitute a waiver of any rigAnts or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM ]f the ENGINEER wishes io 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 n�a�c- y ianges in tIyeTbUN— EEIr's fee S, wl "ne va 3 on y ro [he eftenfT to such _. changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the SUPERINTENDENT relative to a claim submitted by the ENGINEER, all work required under this Agreemmen, as determined by the SUPERINTENDENT shall proceed without interruption. RTCEVACq O. f CAQ"r r2AC`f, If either party violates or breaclmes any term of this Agreement, such violation or breaci: shall be deemed to constitute a default, and the other party has the ric_>ht to seek such adminis €ra*ive, contractual or legal remedies as niay be suitable to €he violation or breach, and, in addition, if either party, by reason ofany default, fails within fifteen (15) days after notice thereof by the other pwly to comply with the conditions of the Agrcc meat, the other party may terminate this Agreement. 1.0. INDEMNIFICATION To the fullest extent perr kited by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, enmployees, agents, boards and commissions fi•om and against any and all claims, suits, ,judgments, costs, attorneys foes, damages or other relief, including but not limited to workers cotmpensation claims, in any way resulting from or G`cy o€ liiq in, S13 =hots P +aces �opx rCmc.:rC SCnUH €ipar.�de _ j arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or emissions of employees or agents of the ENt T=INEER arising out of thaperfannance afthis 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 suilive any expiration., completion and /or termination of this Agreement 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 tetra of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate far bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the SUPERINTENDENT a Certification of Insurance naming the CITY as additional insured. The pohcy =shall not be modified or terminated without thirty (30) days prior written notice to the SUPERINTENDENT. 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 matte it excess over other available insurance; alternatively, if the insurance states that it is excess or prorated, it shall be endorsed Abe primary tiSri'triespec Io the C1T'Y ;- -..-- ..._.. - - ............... - ,........._— 3. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non -owned and hired motor vehicles with limits of not less than $500,000 pen occurrence for damage to property. C, Comhicled Single Limit policy. `a: he rec,.uirements far 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 $?,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Erg neers Professional Liability Insurance Covering claims resulting from error, amissions or negligent acts with a combined sin +.c limit of not less than S 1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the SUPERINTENDENT as evidence of insurance nrotectimn. The policy shall not be modified or terminated without thirty (3 0) days prior written notice to the SUPERINTENDENT. City oP Li.gin, Lilsrois W. ce:: Dcr>a z'cm_ne SCRCP. Uioyz ace -4- 13. CONSTRUCTION MEANS. NIETHODS. 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 safetyprecautions 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 presenoeofanysensory, mental or physical handicap, unless based upon a bona lide occupational qualification, and this requirement shall, apply to, but not be limited to, the following: ernploynient advertising, layoff or termination, rates of nay or other forms of compensation and selection for training including apprenticeship. Isro 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, terinhiafion 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 Agreerrrent 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 ENGINEBR would have been obligated ifit had done the wort: itself and no assigimient, delegation or subcontract had been made. Any proposed subcontractor shall require the CTTYI s adva =.aced written. approval. 17. NO CO- PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, emmployment or other agency relationship between the parties hereto. Is. 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 A grnment shall remain in full force and effect. ;:itv of tlgis, ri :.ilmia Nat ✓epartalcm SCP.DA Upgrade _ S _ 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 ill any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachmants 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 theparties. 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 thhis Agreement shall be in file Circuit Court of Kane County, Illinois. 221 NEWS RELEASES The ENGINEER may not issue any news releases without prior approval fi-om the SUPERINTENDENT, nor will the ENGINEER makepublic proposals developed under this Agreemeni wifrout prior written approval from the SUPERINTENDENT prior to said docun.entation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS Tile ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUTLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILLS 5/33E et seq_, or any similar state or federal statute regarding bid rigging. 2S. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following inforhnaton; A. the illegality of sexual (harassment; the definition of sexual harassment under state law; C. a description of sexual harasstr,ent, utilizing examples; D. the vendor's internal complaint process including penalties; City of 62ain, 2aainois W 4 Lcr D e ; la.`.cmenC S C A D A Upgradc - 6 - E. the legal recourse, investigative and complaint process available through the Illinois Department of Iduman Rights, and the Illinois Human Rights Commission; F. directions on how to contaot the department and commission; G. protection against retaliation as provided by Section 6 -101 of the Human Rights Act. A copy m the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 i1 CS 5/2 -105, 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the SUPERINTENDENT and to other participants which may affect cost or time of completion shall be made or confirmed in writing. The SUPERINTENDENT may also require other recommendations and communications by the ENGINEER be made or con£u•med in writing. 27. NOTICES All notices, reports and documents required ander this Agreement shall be in writing and shall be mailed by First Class Msail, postage prepaid, addressed as follows: A. As to CITY: K}da Jacobsen Water System Superintendent City of "Elgin 150 Dexter Court Elgin, Illinois 60720.5555 As to ENGINEER: ChristoplicrT. Sosnowski, PE, MCP General Manager /Project Manager B &W Control Systems Integration 8678 Ridgefield Road Crystal Lake, IL 60012 Ci Cy of clgi n, I1 Laois water Dopnecmerill SCADA, iJparaae 7 - 2$. COMPLIANCE WITH LAWS Not wi [list anding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the perfarniance of this AGREEMENT that the ENGINEER shall comply with all applicable Federal, State, City and otherrequirements of including, but not limited to, any applicable requirements regarding prevailing wages, tnimmum 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 respeetto 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 '�or in this AGREEMENT. The CITY shall havethe right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with tine provisions of this section. in the event the CITY nroceeds with such an audit the ENGINEER shall make available to the CITY the £NGINEER'S relevant records at no cost to the CTTYT IN WITNESS WHEREOF, the parties horeto have entered into and executed this agreement effective as of the date and year first written above, FOR THE CITY: By 'try ana&,r City o£ Elgin, I?1iuoi5 o:r[e:: neFal!:IDeiiT SCA.DA U^grade -Q' FOR THE ENGINEER: n Attachment A City of Elgin, Illinois Water Department SCADA System Upgrade 2009 Phase I for the Water Department SCADA System upgrade shall consist of the following: Current System Evaluation: The System Evaluation shall include but not limited to the following tasks: i . Meet with the City staff to discuss the SCADA and layout of the project goals and ob A lives. 2. Review the current. SCADA system. This includes tine following tasks: • database design; • tagging • node names • window setup • redundancy setup • remote nodes • graphic screens • Standards • Screen Layouts ?, PLC data links, Ethernet, Radio System: • Driver setup • PLC data table _., xcou mg- —___- ....... _ • Functionality and capability of the existing Mod icon PLC's. • Spread Spectrum Radio communication 4. Net w( • • • • • irking, Band"vidth issues: Switches;, Routers wid hubs Wire to fiber connectors Bottlenecks Collisions TCP/IP setup Fiber Optic Lines microwave 5. Aiamis: • Annunciation iResponses • LeveisiCategoties ofalarms • Nuisance alarms water UepaivneW SCADA Upgrade, 2009 6. Deporting, Collection of Data, Storage: • Database type • Amount of data • Historian 7. Security and backups • Cyber security • Data integrity 8. Power Reliability • State of current UPS's • Common noints of failures 9. Computer Hardware, Operating Systems • Dornain Controllers Time, Synching Servers Setup Redundancy of the servers 10. 13valuato the upgrade of, he FIX 32 software to the current version of ir"X I atform, or ally other recommended software packages. 11. Review the software packages including the bulk water software, UReporter reporting software and Concept 2.2 for compatibility with the future computers operating system. 12. Fonnulatt a plan of action to achieve the goats o the upgrade and 8U15mit 5 copies of the report that shall include the evaluation findings, recommendation, plan of action, and the upgrade implementation steps taken to ensure continuous operation of the existing system. water DeparUuenl SCADA Upgrje, XU9 Attachment B City of Elgin, Illinois Water Department SCADA System Upgrade 2009 Following is the proposed schedule for Phase I of the Water Department SCADA System upgrade (ail dates are 2009): Dates Action 6/15 KickoffMeeting 6/22-7/10 Make assessment visits and meet with City staff to obtain SCADA system information. 7/13-7/20 Assess data and develop draft report. 7/20 Submit draft report to City for review. 7/27-7/31 Revise report based on review comments from City. 8/4 Submit Final Report. Wam Dcpamunt SCADA Upgmdc 2009 a &W Control systems Integration 867E Ridgetlad Road - Crystal Lake, IL 66012 815.7883600 office 815.:55.04501 ax Peter Bayou May 18, 2009 Water' Operations Engineer City of Elgin 150 Dexter Ct. Elgin, IL 60120 Subject. SCADA System Upg *sdes SWOS( Job No, 090341 Dear Peter: Following is our Scope of Services and associated Fee to provide a thorough evaluation and analysis of the City's water Supervisory Control and Data Acquisition (SCADA) system. Scope of Services Project Manageme t Manage project activities, such as schedule and budget to ensure project is complete on tlme and meets the City's expectations_ a Attend kickoff sheeting to confirm scope details of the project, discuss functionality of the existing SCADA system and known areas for improvement. Attend report comments meeting to discuss the draft report and respond to comments- -and questions that. - the -..- County may.- have - .regarding the., report before finalizing. Site Visits Visit the Riverside WTP and Airlite WTP to gather data on the existing SCADA system as required to evaluate and assess the SCADA system as defined in the City's RFP. Work with City Staff to analyze the City's existing SCADA Ethernet network. • Label SCADA - related networking cable that is not labeled. • Document SCADA - related Layer 3 (1P addressing) information, Pretimrltary [)esist� Evaluate and assess the information obtained during the site visit and develop recommendations and a preliminary design for SCADA system improvements. S &W Control Systems integration _ V °age 2 of 2 City of Elgin • 696341 Resort Organize the data and recommendations in a report that will include the following: • Summary and assessment of the existing SCADA system hardware and software. • SCADA system preliminary design information. • Data collecting and reporting system process analysis and recommended improvements. • SCADA network diagram using object oriented software (Microsoft Visio), including Layer 3 network documentation, • Budgetary cost estimate for recommended improvements. • Prioritization of improvements. Fee Our fee for the above scope of services is a lump sun? of $13,650. Very truly yours, B &W CONTROL SYSTEMS INTEGRATION, LLC Michael D. Klein, P.E. Operatrons IJanaaer MDK MIiG4Cii<CtOS.3db5C.0A hi$ P. 95idCNRtnd :l;aFi'IOM1YAuYEFeS£NY'NTTC- StOrG AiV) FF.0 Lf_iTeFBP,C% ✓e,,'� <i "^ e, z ISM v "- �.agr�"-0Tf.,su,�Y„t,4Za �t�.'�'4a 'Stitt £ i x eit�,e ..a •`(':.�.�l�u'§,:S?'..,... J, .L:w.....�'>c "',� ws - aT' ,1,-: �.MW ..,,.,._..lv, <,. October 12, 2009 Scope of Services - Phase I Improvements Project Administration BWCSI will provide the coordination, oversight, and management necessary to perform the recommended SCADA server upgrades. Replace SCADA Servers at Riverside WTP 2. Provide two (2) HP Proiiant DL380 G5 servers (or equal) with the following requirements: a) Processor: Quad Core Intelo Xeon, 2.5 GHz minimum b) Memory: 8 GB c) Tower or Rack Chassis Orientation (depending on if existing enclosures can be modified for rack mounting the servers). d) Power Supply: Redundant Power Supplies. e) Hard Drive Configuration: Three (3) redundant 146 GB, with Integrated hardware RAIDS. f) Network Adapter: (2) Integrated Gigabit Ethernet NICs. g) CDIDVD Drive: Combo CDRW 1 DVD Drive, SATA COMBO h) Hardware Support Services: 3 Year 4HR 7x24 Onsite manufacturer support 3. Provide one (1) license of GE Proficy iFIX Unlimited Developer Ver 5.0, one (1) license of GE Proficy Unlimited Runtime Ver 5.0, and redundant failover license, with one year of GlobalCare support. 4. Provide two (2) licenses of Modicon Modbus Ethernet Drivers, with one year of Global Care, support, for communication between iFIX and the PLCs. -_ - - 5. Provide two (2) licenses of GE Proficy iFIX Unlimited Runtime Ver 5.0, with one year of GiobalCare support, and install on City computers. B. Configure the two replacement servers with GE iFIX 5.0 SCADA software running on Windows Server 2003 R2. Configuration will include the loading of the Operating Systems, SCADA software, PLC drivers, and other software necessary to I eplace the City's existing SCADA servers. 7. Install the SCADA servers in the existing enclosure where the existing SCADA servers are currently located. 8. Fully test operation of the SCADA servers to ensure proper operation. Set up the servers to ensure a smooth transition between the servers and to provide annunciation during a server fail -over. Replace SCADA Servers at Airlite WIT 9. Provide two (2) HP Proiiant DL3$0 G5 servers (or equal) with the following requirements: a) Processor Quad Core Intel© Xeon, 2.5 GHz minimum b) Memory: 8 GB ti "ik. { i", y S ,� • C`c t ^s-i �' "zL,d. fn^.' Ell ..+ n�- -z 34,E r•5 s� ....3�a S C. ,' a,� c.Tb, x.; v$",a - .. z �'vcC. w.�.. Y..A! c) Tower or Rack Chassis Orientation (depending on If existing enclosures can be modified for rack mounting the servers). d) Power Supply: Redundant Power Supplies, e) Hard Drive Configuration: Three (3) redundant 148 GB, with Integrated hardware RAID5. f) Network Adapter: (2) Integrated Gigabit Ethernet NICs. g) CD /DVD Drive: Combo CDRW / DVD Drive, SATA COMBO h) Hardware Support Services: 3 Year 4HR 7x24 Onsite manufacturer support 10. Provide one (1) license of GE Proficy PIX Unlimited Developer Ver 5.0, one (1) license of GE Proficy Unlimited Runtime Ver 5.0, and redundant faiiover license, with one year of GlobalCare support. 11. Provide two (2) licenses of Modicon Modbus Ethernet Drivers, with one year of Global Care support, for communication between iFIX and the PLCs. 12. Provide one (1) license of GE Proficy !FIX Unlimited Runtime Ver 5.0, with one year of GlobalCare support, and install on City - provided workstatation. 13. Configure the two replacement servers with GE iFIX 5.0 SCADA software running on Windows Server 2003 R2. Conflouration will include the loading of the Operating Systems, SCADA software, PLC drivers, and other software necessary to replace the City's existing SCADA server's. 14. install the SCADA servers in the existing enclosure where the existing SCADA servers are currently located. 15. Fully test operation of the SCADA servers to ensure proper operation. Install Terminal Server ghd Thin Client Sofivaas-e 16. Provide one (1) HP Proliant DL380 G5 servers (or equal) with the following requirements: a) Processor: Quad Core IntelO Xeoh 2.5 GFIZ minimum' "' — — " b) Memory: 16 GB c) Tower or Rack Chassis Orientation (depending on if existing enclosures can be modified for rack mounting the servers). d) Power Supply: Redundant Power Supplies. e) Hard Drive Configuration: Two (2) redundant 146 GB, with Integrated hardware RAID i. f) Network Adapter: (2) Integrated Gigabit Ethernet NICs. g) CD/ DVD Drive: Combo CDRW / DVD Drive, SATA COMBO h) Hardware Support Services: 3 Year 4HR 7x24 Onsite manufacturer support 17. Provide one (1) license of GE additional thin client licenses, all 18. Configure the terminal server Windows Server 2003 R2. Cor Systems, SCADA software, and act as a SCADA terminal server. Proficy iClientTS user base support, with five (5) with one year of GlobalCare support. with GE 1CiientTS SCADA software running on figuration will include the loading of the Operating other software as necessary to allow the server to 19. Install the terminal server in the existing enclosure at the Riverside WTP where the existing SCADA servers are currently located. If standard rack hardware can be purchased for the existing enclosures, the server will be rack - mounted. Page 2 of 5 ATTACHMENT 20 a October 12, 2W9 20. Configure Terminal Server shortcuts on up to ten (10) computers that will need access to the SCADA system. BWCSI still sill show City Water Department and MIS staff how to configure a new connection, which is approximately a one - minute task. 21. Fully test operation of the SCADA servers to ensure proper operation. Network Separation at Airlite WTI' 22. Configure existing security appliance and switch to separate the administration network from the control network using access control list rules in the security appliance. Existing IP addresses on PtCs will be maintained. 23. Provide and install one (1) Moxa Modular 4 -bay industrial switch with two (21 eight - port Ethernet 100 Mbps modules and one (1) two -port multimode ST Fiber module. Network Separation at Riverside WTP 24. Provide one (1) Cisco ASA5505 4hr manufacturer support. 25. Provide and install one (1) Moxa port Ethernet 100 Mbps modules 26. Configure security appliance and the control network using access IP addresses on Pi_Cs will be ma security appliance with one (1) year of 24x7x365- Modular 4 -bay industrial switch with two (2) eight - and one (1) two -port multimode ST Fiber module. switch to separate the administration network from control list rules in the security appliance. Existing intained. Reconfigure SCADA System Security 27. Provide SCADA Software development and configuration to sett up user security based on input from City staff. a) H user account wan speanc security rignm weft oe conngureo Tor eacn Z)UAUY. user. b) SCADA Graphics will be modified to allow specific functions to be accessed based on the security credentials of the logged in user. Disaster Recovery Plan 28. Review the City's existing disaster recovery plan and modify the plan based on the hardware and software improvements made as part of this project. 28. Test the plan to ensure the plan is sound and provides the level of backup required to allow recovery from a server failure. Replace SCADA Clients in Riverside WTP Filter Room with 011's 30. Provide two (21; Allen - Bradley PanelView Plus 1250 color touch- screen operator interface terminals l,OITs). 31. Provide two (2) wall -mount enclosures for the OITs. 32. Install OITs in the enclosures and mount the enclosures in the Riverside WTP Filter Room (one on each side of the room) midway between the two filters. 33. Terminate power and network cabling inside of the OIT's enclosures. Page 3 of 5 a ATTACHMENT B October 12, 2009 34. Develop graphics for the OF to allow operations staff to control filter operations. Scope of Services - Phase II Improvements Redevelop Screens for Riverside WTP and Airlite WTP 35, Provide SCADA graphical screen development to replace the existing screen graphics at both the Riverside WTP and Airlite WTP SCADA Servers. 36. Graphic development will be achieved with input from City staff, and will provide a more user friendly, easier to navigate system, with consistent graphics to represent similar functions. Provide and Install Software -based Aiartn System 37. Provide and install two (2) redundant copies of Software -based alarm dialing software to be installed on the two servers at Riverside (they can be configured to alarm on any City -wide SCADA alarms). Include one (1) year of manufacturer support. 38. Provide and install two (2) TAPI- compliant modems on the two Riverside SCADA servers. Configure the modems and software to communicate directly with the SCADA servers. 39. Configure up to 100 alarms to locally annunciate and optionally dial out to up to three separate groups. Test alarm operation. 40. Provide a quick -help electronic document on the SCADA servers on the top requested features_ and of the alarm dialing software,, Provide Web -Based Reportinff System 41. Create and provide a data collection and reporting system consisting of a SQL based database to collect and store data, and web -based front -end interface to allow staff to view and print reports, and also enter manual data not collected by the SCADA. system. Reports will be created using the non - proprietary SOL Reporting Services such that future MIS (or other technical staff) can create or modify existing reports. 42. Create up to four (4) water system reports and test for operation. Provide SCADA Remote Access S, ski 43. Work with City MIS staff to bridge existing City VPN solution into the new SCADA Terminal Server Configure remote access options to all SCADA servers. Training 44. Operators and Staff: Provide operator training to include: SCADA System overview (where do you go to do what), navigation, new screens, alarms acknowledgement Page 4 of 5 and configuration, appropriate actions for typical software and hardware errors, reporting configuration, operations, and usage. 45. Programming Training; Provided programming training to the Operations Engineer and Instrumentation Technicians on SGADA software and hardware installation and configuration; database design, modification, and editing; diagnostic and troubleshooting routines; screen graphics modifications; report configuration, display /formatting; historical data collection and access; disaster recovery plan implementation, system backup procedures and reloading from backup files. MiELGNC \tl90341 -SCAPrt PSS' eSSthfN'\ 10- INrtIATFDNNMPLF.MENTATION1090N 1 I MPL -ATT RSCOPE.DD X Page 5 of 5 October 12, 2009 Fee Phase 1 Imoroventents Phase 2 Improvements Ip5,(00 'Previously included as a Priority Two improvement, this is recommended so tie performed at the sane time as the SCA6n Server Upgrade at the Riverside 147P. October 12, 2009 Supplemental Services Billing Information Following are a fist of services associated with the SCADA System Upgrade project that the City may wish to pursue as optional services. B &W Control Systems Integration's price to perform the additional services is based on the following information ( Houriv Billing Rate for BWCSI personnel • Project Manager $130 -$150 • Sen lor Integrator $90 -$120 Integrator $80 -$90 • Junior Integrator $70 -$80 • Administrative Staff $50 -$60 Hourly rate is the same for regular hours, after hours, emergency service, weekend, holiday and overtime. Y There is no minimum call -out charge during regular business hours. There is a one hour minimum charge for after -hours service. y Mileage for travel is billed at $0.55 per mile (round trip) as calculated from our Crystal Lake office to site visited during normal business hours, or from deployment location to the site visited for emergency service. Y Travel time is charged at the same hourly -billing rate indicated above. (Optional /Supplemental Scope Items Packup Power lutprayLinants • Provide uninterruptible power supplies (UPSs), as- needed, for each control panel currently not backed up by a UPS. ditionai Information Tccl nologv (IT) ConsultinP • If the Water Department elects, BWCSI can perform additional IT services related to the separation of networks at Airlite and Riverside. City MIS staff may elect to make additional Virtual Local Area Network (VLAN), Internet Protocol (iP), Ethernet cabling, or fiber changes while the networks are being separated. BWCSI is available to assist during these changes. " ATTACHMENT D October 12, 2009 If the City does not have RADIUS -based authentication for centralized authorization and accounting of remote access, BWCSI can assist City MIS staff with RADIUS configuration and setup. Additional SCADA Consulting & Development • BWCSI has created hundreds of different SCADA screens and dozens of reporting and automated process alarming systems for many different municipalities. We have found 'that many of our clients develop preferences and recommend changes after new SCADA system has been configured and installed just because they don't know exactly what to expect or articulate needs before they know what they can get. If the City elects, BWCSI can be available to perform additional SCADA, Terminal Server, alarming, or general SCADA - related consulting, configuration, or development to modify the SCADA, dialing, or reporting applications after the system has been upgraded and installed (after staff have a chance to get used to the new system). • Many times during installation,, we may discover non - optimal Programmable Logic Controller (PLC) code or controls. While PLC reprogramming is not included in the base proposal and fee for this project, our staff is able to assist Water Department staff with optional reprogramming of PLC code to improve Department operations. Optional PLC Redundancy Removal p BWCSI is confident that by separating the control from the administrative network (which is included in the Base Scope of Services), the control network will operate with less traffic, collisions, and network errors. However, the PLC redundancy modules themselves may still not function correctly at all times, so we have included as a Supplemental Service, the optional removal of the redundant PLCs to simplify the Water Department's operation and possibly reduce the number of false alarms associated with PLC failovers, -We estimate fhis supplemental" service will-be hot more than $11,000 ($10,000 labor and $1,000 materials) to complete. N iF.LGNGt09P34 PSC4DN ASSESSt,1ENi'UO IN '.TiAiIONI ?MP:EM[NTAT:CM690341 IMPLEMENTATION - ATTACHEMEN' D - SUPP SVC.DCCX Page 2 of 2 October 12, 2009 City Responsibilities 1. Provide (existing) workstations to BWCSI configure SCADA Terminal Server access through. 2. Provide computer design criteria and assistance with server installation for all server replacements and existing workstation reconfigurations, including any Active DirectoryfDNS(Domain configuration, as well as to provide the necessary Microsoft licenses and license activation keys. 1 BWCSI recommends that rack - mounted SCADA servers be used, if possible. City is to provide and install physical mounting hardware for the five rack - mounted servers, if rack mounting is preferred at Riverside or Airlite. 4. BWCSI will be providing rack - mountable industrial Ethernet switches (one for Riverside and one for Airlite), It is the City's responsibility to provide the necessary physical provisions inside the existing enclosure to rack mount the switches. 5. Provide network and Virtual Private Network design criteria and assistance with network reconfiguration at Riverside and Airlite, as well as remote access configuration details. 6. Provide administrative development access to a new Windows SQL 2005 or 2008 server database (BWCSI- created), as well as access to a Microsoft Windows [IS 6.0 or 7.0 website to create and develop the open- architecture SCADA reporting database and front -end. All SQL and JIS services should be better than 99.9% accessible from the SCADA servers. 7. 120 VAC - power and network cabling is currently available at the existing filter - - workstation locations, but City staff is responsible to extend and/or provide 120 VAC power and CAT5e (or fiber) network cabling as- required for the two (2) new Operator Interface Terminal enclosures in the filter gallery. City staff will also be responsible for deciding where the enclosures should be mounted, as well as physically mounting the enclosures. 8. Provide, in writing (email is fine) general input feedback, art A Correspondence during screen, reporting, alarming, and general SCADA development. ATTACHMENT ..F City of Elgin, Illinois Water Department SCADA System Upgrade Schedule Milestones Phase 1 Impi-ovements Recommendation' Assumed Start Date October 12, 2009 Projected Completion Date First Amendment f ayy First Amendment Page 2 of 2 Develop Preliminary Alarm List & Groups 2/19/10 `. Install Software, Hardware, and Configure 3/5/10 Startup, testing, and Training 3/10/10 Design, Configure, Web -based SCADA Reporting Develop Report List, Field List, and Data Sources 3/5/10 Instal' Database and Reporting Software Configure 3/12/10 Configure -& Deploy one Test Report 3/19/10 Configure s& Deploy Other Reports 4/23/10 Complete Reports 5/20/10 Implement Secure Remote Access -. Define access & security permissions 3/5/10 " Configure, Remote Access _ 3/19/10 Provide Training 3/19/10 First Amendment Page 2 of 2 1EXHOT C This Second Amendment Agreement is hereby made and entered into this ?Stn day of September 2011, by and between the City of Elgin, an Illinois Municipal Corporation (hereinafter referred to as "CITY") and B &W Control Systems Integration, LLC, an Illinois limited liability company (hereinafter referred to as "ENGINEER"). WHEREAS, the parties hereto have previously entered into an Agreement dated June 10, 2009, relating to the City of Elgin's Water Department SCADA system upgrades (hereinafter referred to as "ORIGINAL AGREEMENT" and such SCADA System Upgrades Project hereinafter referred to as the "Project"); and WHEREAS, ORIGINAL AGREEMENT provided for a maximum payment of $13,650; and WHEREAS, the parties hereto have previously entered into an amendment to such ORIGINAL AGREEMENT, such amendment constituting First Amendment Agreement dated November 18, 2009 (hereinafter referred to as the "First Amendment Agreement "); and WHEREAS, the CITY has determined that it requires further additional services from the ENGINEER for the Project relating to tying the CITY'S existing nine lift stations into the existing water SCADA system, and providing a monitoring system for three of the CITY'S combined sewer overflow sites: and WHEREAS, the circumstances necessitating these changes in performance contemplated by this amendment were not reasonably foreseeable at the time ORIGINAL AGREEMENT was signed; the changes contemplated by this Amendment Agreement are germane to the ORIGINAL AGREEMENT as signed; and this Second Amendment Agreement is in the best interests of CITY and is authorized by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Section 1 of the ORIGINAL AGREEMENT, as amended by the First Amendment Agreement, relating to Scope of Services, is hereby further amended by adding thereto the additional services to be provided by the ENGINEER as set forth in the ENGINEER'S letter dated August 23, 2011, consisting of three (3) pages, a copy of which is attached hereto as Attachment B -2 and made a part hereof by this reference. " $ p ? r n "�,�14C y 'a 6lr kFd.§ €t7tf,IV(. V8*r L UK 2. Section 4 of the ORIGINAL AGREEMENT, as amended by the First Amendment Agreement, relating to payments to the ENGINEER, be and is hereby amended by adding the following additional provisions thereto: "The CITY shall pay the ENGINEER for services rendered pursuant to this Second Amendment Agreement a lump sum of $190,400 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of work are authorized in writing by the CITY and incorporated into this agreement by way of further amendment to this agreement. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of an invoice. Said periodic payments shall not exceed the amount for the various tasks as set forth in Attachment B -2 hereto. Full payment for each task shall not be made until the task is completed and accepted by the CITY. ENGINEER shall commence the work to be performed pursuant to this Second Amendment Agreement upon written notice to the CITY to proceed and shall complete all of the services to be performed pursuant to this Second Amendment Agreement within 210 days thereafter." 3. Except as amended by this Second Amendment Agreement, the ORIGINAL AGREEMENT, as previously amended by the First Amendment Agreement, shall remain in full force and effect. 4. In the event of any conflict between the terms of this Second Amendment Agreement, and the terms of the ORIGINAL AGREEMENT, as previously amended by the First Amendment Agreement, the terms of this Second Amendment. Agreement shall supersede and control. CITY OF ELGIN B &W Control Systems Integration Attest: City Clerk T: \Legal Dept \Agreemerrt\B &W Control Sysmin lntegratm -2nd A1nMd111ent Agr.doux 2 . ATTACH MENT B -2 B &W Control Systems integration 8678 Ridgefield Road Crystal Lake, IL 60012 815.788.3600 office � 815.455.0450 fax - www.bwcsi.com Kyla Jacobsen August 23, 2011 Water Director City of Elgin 150 Dexter Ct. Elgin, IL 60120 Subject: Lift Station and CSO Monitoring - 2011 8WCS1 Job No. 090.341.51 - Rev4 Dear Kyla: Based on our previous discussions and meetings, following is our proposal for providing tying the City's existing nine lift stations into the existing water SCADA system, and providing a monitoring system for three of the City's Combined Sewer Overflow (CSO) sites: Bluff City Blvd (Outfall 003), Lord Street (Outfall 006), and Highland Ave (Outfall 013). Scope of Services Equipment ® Provide a Remote Telemetry Unit (RTU) at three (3) Lift Stations (Oaks Club, South St, and Chicago St) with the following components mounted and prewired in a NEMA 4 enclosure: • Allen- Bradley MicroLogix 1400 Programmable Logic Controller (PLC) with additional input module(s) as required to accommodate the existing input signals (pump run, pump fail, high water level, etc) as available. • Modbus ASCII to DF -1 protocol converter to interface with the existing Modicon polling PLC. • MDS radio compatible with existing SCADA system. • Heater. • UPS, power supplies, terminal blocks, fuses, wire, and other miscellaneous components as required for a complete panel. Provide the following equipment for installation into the existing panels at five lift stations (Amberside, Bowes Creek, Country Knolls, Red Barn, and Comstock): + Modicon Momentum Programmable Logic Controller (PLC) with additional input module(s) as required to accommodate the existing input signals (pump run, pump fail, high water level, etc) as available. MDS radio compatible with existing SCADA system. UPS to power the PLC and radio. B &W Control Systems Integration Page 2 of 3 City of Elgin Y 030341.51 - Rev4 — Rev4 • Provide the following equipment for installation into the existing panel at Hopps pump station: • Modbus ASCII to DF -1 protocol converter to interface with the existing Modicum polling PLC. • MDS radio compatible with existing SCADA system. • NOTE: The existing Alien - Bradley PLC will be utilized to tie into the SCADA system. • Provide a level monitoring system at each of three CSO monitoring manhole locations (CSO 003, CSO 006, and CSO 013) consisting of the following: • Hadronex SmartCover system consisting of ultrasonic level sensor and radio transceiver. • One year of web -based monitoring and data collection service. • Provide a river level monitoring system consisting of the following: • Hadronex SmartCover system consisting of ultrasonic level sensor and radio transceiver. • PVC stilling well for installation of SmartCover system. • One year of web -based monitoring and data collection service xa,i Proiect Management Plan, schedule, and coordinate the activities that must be performed to complete the project. Programming • Configure SmartCover system to transmit level data to the Hadronex web -based monitoring and historical data collection site. • Integrate historical data from web -site into the SCADA reporting system. • Program the PLC and radio at each lift station to communicate status and alarms back to the SCADA Servers at Airlite and Riverside WTPs. • Program the master polling PLC at Airlite to collect data from all but the Chicago St. Lift Station. • Program the master polling PLC at Riverside to collect data from the Chicago St. Lift Station. • Program the SCADA Servers at Riverside and Airlite to display lift station status and alarms, including pump run, pump runtime totals, pump fail, pump seal fail, high wet well level, wet well level value, generator run, and generator fail, as they are • B &W Control Systems Integration Page 3 of 3 City of Elgin • 090341.51 - Rev4 — Rev4 available at each station (new status or alarm signals not currently available at the existing lift station control panels will not be added as part of this project). • Create one monthly report to display lift station pump daily runtimes and start cycles. Installation Install new RTU panels at each lift station where provided, including power wiring and signal wiring to the existing lift station control panel. RTU to be installed inside existing electrical enclosure if space allows, or on outside of existing electrical enclosure. • Install PLC and radio equipment inside the existing lift station control panels at the other lift stations where RTU panels are not required. • Install SmartCover system in monitoring manhole locations and river level monitoring location. Start- uplTesting • Test system programming to ensure status and alarm signals are properly transmitted to the SCADA master sites. • Test system programming to ensure status and alarm signals are properly transmitted to the SCADA master sites. Training Train City staff on the procedure for logging onto the web site to view real -time level data and download historical data. Subcontractor • Provide the services of a qualified antenna subcontractor to install antennas at each lift station site as follows: • Provide mast attached to side of building or on pole attached to outdoor electrical enclosure to allow installation of antenna at minimum of 14 feet above grade. Provide 9 dB gain yagi antenna. Provide %:° foam dielectric antenna cable to connect the antenna to the SCADA RTU panel. • Provide the services of a qualified subcontractor to install the river level monitoring stilling well. \C RYSTALTAKE \ELGNQ301019- aOINSTALL TION \SO PROPOSAL \C90391.51 PROPOSAL U"STATION AND= MONITORING,DOIX 1' ' MP I' City of Elgin 150 Dexter Court Elgin, IL 60120 -5555 Purchasing a)cityofelgin.org Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence VENDOR PHONE: VENDOR FAX: VENDOR #: VENDOR ADDRESS: (815)459 -1260 8042 BAXTER & WOODMAN INC PO BOX 783 CRYSTAL LAKE, IL 60039 -0783 PURCHASE ORDER NO. 268676 PO DATE: 09/19/2011 SHIP TO: RIVERSIDE TREATMENT PLANT ATTN: RIVERSIDE PLANT 375 WEST RIVER ROAD ELGIN, IL 60123 -1572 DELIVER BY REQUISITION #i REQUISITION DATE CONFIRMED BY 12/31/2011 0000268045 09/19/2011 FOB ACCOUNT NUMBER AUTHORIZED BY 37142007959241 MAGALY HERNANDEZ ITEM # QUANTITY/ UNIT DESCRIPTION ARTICLE OR SERVICE UNIT COST EXTENDED COST 1 2ND AMENDMENT TO ENGINEERING SERVICES 190,400.0 0 / LS AGREEMENT FOR SCADA SYSTEME. CC APPROVED 9/14/2011 Send Original and One Copy of Invoice to: FINANCE DEPARTMENT ATTN: FINANCE DEPARTMENT 150 DEXTER COURT ELGIN, IL 60120 -5555 1.0000 190,400.0 0 /j AUTHORIZED SIGNATURE City Manager PURCHASE ORDER City of Elgin 150 DEXTER COURT ELGIN, IL 60120 -5555 DATE: 9/19/2011 ITEM# I QUANTITY /UNIT ' DESCRIPTION OF ARTICLE OR SERVICE UNIT COST EXTENDED COST City of Elgin's Illinois tax exemption identification number is E9996- 0771 -06 City of Elgin's federal employer identification number is 36- 6005862 Conditions of Purchase 1. PRICE: Order shall not be shipped or invoiced at prices higher than those shown hereon except by express agreement with City. 2. EXTRA CHARGES PROHIBITED: No boxing, packing, or cartage shall be included unless specifically authorized on the face of the order. 3. NON - PERFORMANCE: Time is of the essence of this order. Buyer reserves the right to cancel this order or any portion hereof if delivery or performance is not made within specified time. Seller agrees to notify Purchasing Department of City of any delay in shipment. 4. QUALITY AND INSPECTION: City reserves the rights to inspect all shipments after delivery and to reject any material which may be defective or not in accordance with specifications as to quality or performance. 5. INVOICES AND PACKING SLIPS: Invoice in duplicate and mail Bill of Lading or Express Receipt immediately after each shipment. Packing slip must accompany each shipment. 6. PATENTS OR COPYRIGHTS: Seller warrants that there is no violation of patent rights or copyrights in manufacturing, producing or selling the material or equipment covered by this order or in the use of such material or shipment by the buyer in the usual or intended manner, and seller agrees to hold the purchaser harmless from any and all liability, loss or expense occasioned by any such violation. 7. INSURANCE: If seller performs labor or services under this order, Worker's Compensation and Liability Insurance Certificates and any required indemnification agreement shall be submitted to and approved by buyer before such labor or service begins. 8. EQUAL EMPLOYMENT OPPORTUNITY: Seller agrees to comply with all regulations pertaining to Public Contracts adopted by the Illinois Fair Employment Practices Commission and City of Elgin. 9. ADDRESS ALL QUESTIONS AND CORRESPONDENCE CONCERNING THIS ORDER TO THE ATTENTION OF THE PURCHASING DEPARTMENT. 10. All equipment and material shall be in accordance with OSHA Rules and Regulations in effect at the time of the order. 11. This order is exempt from federal excise tax and sales tax. 12. Please forward a material safety data sheet (MSDS) on this product, if applicable. 13. Contractor is subject to Illinois Prevailing Wage Law, if applicable. 14. Contractor is subject to City of Elgin's Affirmative Action -City Contracts provisions. Page 2 of 2 1EXHIBi"l- D The above changes and associated costs are acceptable. All work is to be performed under the same terms and conditions of the original agreement unless otherwise stipulated. P A, 10/1/2012 B& IN CS/ Signature / Date IW W. 10/01/2012 City of Elgin Signature/ Date 1'. \BWCSOCy5ta1 Lake \ELGNC \090341 SCADAAs5e55ment \30- INITIATION \IMPLEMENTATION\ 090341.51 Change Order No 1 -Lift Station CSOPhojettdoIX 090341.51— Change Order No. 1 Page 1 of 1 CHANGE ORDER • B &W Control Systems Integration, LLC ® 8678 Ridgefield Road, Crystal Lake, Illinois 60012 815.788.3600 Phone www.bwcsi.com Web Site 815.455.0450 Fax info @bwcsi.com Email To: Kyla Jacobsen Date: 10/1/2012 City of Elgin 375 W. River Rd Elgin, IL 60120 Project No.: 090341.51 CO# 1 Project: Title: CSO Monitoring and Lift Station SCADA Item Description Fee 1 Remove the River Water Level Monitor from the project since it is not required for the ($15,020) CSO monitoring. 2 Remove the Oaks Club Lift Station SCADA integration from the project since the station ($141080) has been abandoned. Increase / (Decrease) for this change order: ($29,100) Previous Contract Fee (Including Previous Change Orders): $190,400 New Contract Fee: $161,300 The above changes and associated costs are acceptable. All work is to be performed under the same terms and conditions of the original agreement unless otherwise stipulated. P A, 10/1/2012 B& IN CS/ Signature / Date IW W. 10/01/2012 City of Elgin Signature/ Date 1'. \BWCSOCy5ta1 Lake \ELGNC \090341 SCADAAs5e55ment \30- INITIATION \IMPLEMENTATION\ 090341.51 Change Order No 1 -Lift Station CSOPhojettdoIX 090341.51— Change Order No. 1 Page 1 of 1 8678 Ridgefield Road Crystal Lake, IL 60012 815.788.3600 office - 815.455.0450 fax www.bwcsi.com Ms. Kyla Jacobsen September 19, 2012 Water Director City of Elgin 375 W. River Rd. Elgin, Illinois 60120 Subject: ELGIN Water LIMS & Operations Reporting BWCSI Job Number 120084.40 Dear Ms. Jacobsen: We are pleased to submit the following proposal for a new reporting system that includes Water, Lab, and Bac -T lab operations. We understand that Elgin currently uses a Microsoft Office Access -based Laboratory Information Management System (LIMS) from MSC based in Jackson, Wyoming for your production LIMS. This file -based database and client program has worked pretty well for data capture and retrieval /display of all lab data and has been in use for approximately 8 years. There are some current limitations when considering this architecture for the future including backup /archive, performance, scalability (ability to continue to grow), and ability to provide integration with SCADA (for consolidated reporting); and future applications that would allow the system to publish data outside of itself. In addition to some of the current limitations, there are future concerns of network access to data, data integrity, integration with remote systems or Internet - friendly technology, and long term data archival. B &W Control Systems Integration (BWCSI) recommends building a new reporting system for the City of Elgin to replace and provide new functionality for current and future needs. This new reporting system will address the following needs and extend current functionality: • Network Accessibility • Web Based and Mobile Access • Role Based Security • Non Propriety Software using standard Microsoft database and code base • Data Archival, Backup and Restore functions • Data Export How a New Reporting System Benefits the City of Elgin The new reporting system will provide better data stability and data management by using technology proven to run better on networks (Microsoft SQL). Web -based access also presents a lighter and more accessible option to the desktop and mobile devices like Page 2 of 6 City of Elgin • 120084.40 tablets (i.e. Wad). Role -based security can limit access when needed and be used to present only accessible parts of the application. Migrating off proprietary software frees - up data to be presented and maintained using a standard enterprise database and website recognized as state of the art. Moving data to archival locations keeps daily functions efficiently running by using only current data. Standard enterprise tools can be used to provide data backup and restore. In addition, an enterprise reporting system provides the ability to natively share secured data using industry accepted tools & code. of Services Proiect ldanaaement • Plan, schedule, and coordinate the activities that must be performed to complete the project. Network & Server Setup Existing server setup for LIMS space considerations and configuration of the webserver (we will assist Elgin MIS staff). Database Con rauration • Design and Install Database • Table, Procedures, Functions, Triggers & Constraint definitions • Set up SQL Permissions • Backup scripts and scheduled task • SCADA data feed setup Historical Data Load • Identifying needed historical data from existing system data located in Excel spreadsheets and installing this data to the archive tables for reporting. • Does not include: This will be a reasonable effort to gather historical data that is used for reports and queries. This will not include some direct copy out of the legacy system apart from exported spreadsheets. This will not include an exhaustive load of all spreadsheet data that can be located but only those data points that is used in current reporting. The date range expected for this load is 2 years back for monthly / daily data and 5 years for yearly values. Page 3 of 6 City of Elgin • 120084.40 Data Capture & Visualization • Web -based data capture setup using defined webpages • Mobile data capture for tablet • Browser -based data capture pages for LIMS, OPS, and Bac -T • Calculation setup and efficiency options for fast data entry • Data Integrity checking (configuring data range checks) • Business data capture for Bac -T report invoices. • Calculation screen display with formulas and ability to update intermediate and determinant values. This will be limited to values displayed on IEPA reports that require complex calculations. Custorn Data ConLiauration Define initial set of data points for each area (LIMS, OPS, and Bac -T) • Set description, units, precision and acceptable data range • Set calculations on base data point and any derived conversion or calculated values. ReportDefinitions • Migrate current reports for known requirements to use any new calculations and data capture processing. • IEPA Monthly Operations Report • IEPA WSWTR RDC Distribution Monitor Report • IEPA SWTR Form A Turbidity • IEPA SWTR RDC at Entry Point and Inactivation Ratio • IEPA Form B Individual Filter (IF) Turbidity Monitoring Report • IEPA Water Quality Parameter (WQP) Ranges Certification of Results with Monthly Monitoring • IEPA Monthly Chlorine Contact Time Report • Migrate Fox River Water Quality data summary from Excel to a basic report and provide online grid display with filters • Migrate Distribution System Summary from Excel to a basic report and provide online grid display with filters • Invoice reports for Bac -T: We can provide the raw data via Excel for mail merger reports as they are currently done. In addition, we can define these same reports in the SQL Reporting engine and produce invoices directly. • Does not include: Ad Hoc queries not currently defined though data can be exported to Excel at any time for manual work. There will be a procedure defined to gather requirements and agree on time and materials for new reports as needed. Data Utilities • Archival of data outside of defined /configured data ranges • Grid Data Exports to Excel to provide data for operational needs, basic inquiries and invoicing. • Bac -T export to generate Bac -T data spreadsheet as needed • Set calculations on base data point and any derived conversion or calculated values. • Does not include: There is no direct integration with the [EPA MS Access database and subsequent CSV (comma separated values) upload. We will look at a basic Excel export that can be used to pass data but full integration will have to be a separate project effort. First Year System Transition & Support We realize that an installation of a system is not the end but the beginning of an adjustment and discovery process. Screens and reports designed earlier on may need changes beyond initial plans as they are used. With this in mind, we are proposing a system maintenance and support period to handle these adjustments on a time and materials basis. The services included are: • Devoted 'time on site' to interview and process required changes • User acceptance testing and report approval • Minor report enhancements and screen changes • Correction of any system issues related to system integrity and reporting accuracy. Our fee for the above scope is comprised of two parts: 1. A lump sum of $35,000 will be billed based on progress for the above scope except for the First Year System Transition. 2. First Year System Transition & Support will be billed based on hourly billing rates for actual work time performed plus reimbursement of out -of- pocket expenses including travel costs, which total amount will not exceed $14,000. Transition costs will begin once the City begins to use the system in parallel with the existing LIMS. This fee is valid for 90 days from the date of this proposal. Terms & Coiaditions Refer to attached Standard Terms & Conditions document. If this proposal is acceptable, please sign one copy and return to us. Feel free to contact me if you have any questions. Very truly yours, B &W CONTROL SYSTEMS INTEGRATION, LLC Christopher T. Sosnowski, PE President CTS /DMG J: \BWCSI \Crystal Lake \ELGNC \120084- LIMS \Proposa1.Docx AUTHORIZATION BY Signature /Date: Printed Name and Title: Above signature implies acceptance of the attached STANDARD TERMS & CONDITIONS, Rev 2. (REV 2) 1. The submitted proposal and these Standard Terms & Conditions constitute and are herein referred to as the Agreement. 2. B&W Control Systems Integration, LLC is herein referred to as BWCSI, and the party with whom BWCSI is entering into this Agreement with is herein referred to as OWNER. 3. BWCSI may submit requests for periodic progress payments for services rendered. Payments shall be due and owing by the OWNER upon receipt of SWCSI's invoice for services. Payments to BWCSI after (60) consecutive calendar days from the date of BWCSPs invoice for services shall include an additional late payment charge computed at an annual rate of twelve percent (12%) from date of BWCSPS invoice; and BWCSI may, after giving seven (7) days written notice to the OWNER, suspend services under this Agreement until BWCSI has been paid in full all amounts due for services, expenses, and late payment charges. 4. This Agreement may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under this Agreement through no fault of the terminating party; or the OWNER may terminate this Agreement, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party (1) not less than ten (10) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. If this Agreement is terminated by either party, B W CSI shall be paid for services performed to the effective date of termination, including reimbursable expenses. In the event of contract termination, the OWNER shall receive reproducible copies of Drawings, Custom Developed Applications and other documents completed by BWCSI. 5. BWCSI agrees to hold harmless and indemnify the OWNER and each of its officers, agents and employees from any and all liability claims, losses, or damages, to the extent that that such claims, losses, or damages are caused by BWCSI's negligence in the performance of the services under this Agreement, but not including liability that may be due to the sale negligence of the OWNER or other consultants, contractors or subcontractors working for the OWNER, or their officers, agents and employees. In the event claims, losses, or damages are caused by the joint or concurrent negligence of BWCSI and the OWNERthey shall be borne ey each party in proportion to its negligence. 6. The OWNER acknowledges that BWCSI is a Limited Liability Company and not a Professional Service Corporation, and further acknowledges that the corporate entity, as the partyto this contract, expressly avoids contracting for individual responsibility of its officers, directors, or employees. 7. The OWNER and BWCSI agree that any claim made by either party arising out of any actof the other party, or any officer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely against the other party and not individually or jointly against such officer, director, or employees. B. For the duration of the project, BWCSI shall procure and maintain insurance for protection from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom, alleged to arse from BWCSI's negligence in the performance of services under this Agreement. The OWNER shall be named as an additional insured on BWCSLs general liability insurance policy. The limits of liability for the insurance required by this Subsection are as follows: Workers Compensation: Statutory Limits General Liability: $1,000,000 per claim $2,000,000 aggregate Automobile Liability: $1,000,000 combined single limit Excess Umbrella Liability: $5,000,000 per claim and aggregate Professional Liability: $5,000,000 per claim $5,000,000 aggregate 9. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of BWCSI and their officers, directors, employees, agents, and any of them, to the OWNER and anyone claiming by, through or under the OWNER, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty expressed or implied of BWCSI or their officers, directors, employees, agents or any of them, hereafter referred to as the "OWNER's Claims ", shall not exceed the total insurance proceeds available to pay on behalf of or to 8WCSI by their insurers in settlement or satisfaction of OWNER's Claims under the terms and conditions of BWCSPs insurance policies applicable thereto, including all covered payments made by those insurers for fees, costs and expenses of investigation, claims adjustment, defense and appeal. 10. BWCSI is responsible for the quality, technical accuracy, timely completion, and coordination of all Designs, Drawings, Custom Developed Applications and other services furnished or required under this Agreement, and shall endeavor to perform such services with the same skill and judgment which can be reasonably expected from similarly situated professionals. 11. The OWNER may, at any time, by written order, make changes within the general scope of this Agreement in the services to be performed by BWCSI. If such changes cause an increase or decrease in BWCSI'$ fee or time required for performance of any services under this Agreement, whether or not changed by any order, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. No service for which an additional compensation will be charged by BWCSI shall be furnished without the written authorization of the OWNER. 12. All Drawings, Custom Developed Applications, and other documents prepared or furnished by BWCSI pursuant to this Agreement are instruments of service in respect to the project, and BWCSI shall retain the right of reuse of said documents and electronic media by and at the discretion of BWCSI whether or not the project is completed. Electronic copies of BWCSI's documents for information and reference in connection with the use and occupancy of the project by the OWNER and others shall be delivered to and become the property of the OWNER; however, BWCSI's documents are not intended or represented to be suitable for reuse by the OWNER or others on additions or extensions of the project, or on any other project. Any such reuse without verification or adaptation by BWCSI for the specific purpose intended will be at the OWNER's sole risk and without liability or legal exposure to BWCSI, and the OWNER shall indemnify and hold harmless B W CSI from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. 13. BWCSI will make good any defect due to improper materials or workmanship supplied by BWCSI without expense to the Owner for one (1) year after the OWNER's acceptance of the installation, The warranty covers only defects in material and workmanship on products purchased and fully installed by BWCSI and does not cover defect caused by improper use, abuse, accident, acts -of -God (including but not limited to lightning), alteration, or other conditions beyond SWCSI's control, as determined by BWCSI. 14. Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 15. This Agreement contains and embodies the entire and integrated agreement between parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral.