SKM_2024-08-19_Gallup_Water_SCADA_System_Upgrade_Proposal_REV3.pdf

City of Gallup, NM

August 19, 2024

Water SCADA System Upgrade Proposal

Revision 3 (Note: Rev 1 changes are in red; Rev 2 changes are in green; Rev 3 changes are in purple)

1. Scope Summary This Scope of Work has been developed based upon site visits, radio path studies and discussions with City staff. The existing radios are obsolete. In addition, the majority of the PLC’s and associated hardware are also obsolete. Our plan is to replace existing infrastructure with new while updating the necessary documentation at each site. SKM will supply labor, materials, and items described under the scope of services below.

1.1. Exclusions and Exceptions

• We are assuming that the City will assist us during the installation and cutover process so that we may gain access at each site and the operator will manually control each site as it is being cut over.

• We are implementing a hybrid licensed (450MHz) and unlicensed (900MHz) radio design with master locations at the Water Offices, Grandview Repeater, Gamerco Tank, Yah-Ta-Hey

Pump Station, and Lewis Well. In addition, Junker Well 2 will act as a repeater for Junker

Well 1 and Twin Buttes Tank will act as a repeater for the Rico Metering Station.

• The office where the current backup computer is installed will be converted to a dedicated network room. We are planning on a free standing, full size 19” server rack that will house redundant UPS’s, primary and backup servers, modems, radios, and network equipment as required. The rack will also house the master PLC.

• We are planning to put up three new antennas at Grandview Repeater. One will replace the existing 450MHz master antenna. One will be a new 900MHz master antenna. One will be a dedicated radio connection back to the water offices.

• We are assuming that Sacred Winds will deliver a dedicated VLAN to the following locations:

o Water Offices (already there) o Gamerco Tank (already there) o Tohlakai Pump Station (already there) o Yah-ta-hey Pump Station o Lewis Well

• We are assuming that cellular will be utilized as a backup to Sacred Winds with a cellular modem at the following locations:

o Water Offices o Gamerco Tank o Grandview Repeater o Tohlakai Pump Station o Yah-ta-hey Pump Station o Lewis Well

• We have excluded any work at Tohlakai Pump Station and assume that any integration with that site will be handled by a separate contract.

• We are planning to install a cellular texting (SMS) modem at the water offices as well as a voice modem for redundant notification methods. The City will need to provide a SIM and activated plan for the SMS modem as well as a dedicated POTS line for the voice.

• All existing radios will be replaced with new radios that are current.

• The following sites have newer PLC’s and will not require replacement:

o Santa Fe Well 11 o Cresto Booster o Sacred Heart o Church Rock o Rico Meter o Lyons Booster o Hogback PRV o Heaton Booster o Gamerco Tank o Gibson PRV o Yah-ta-hey Flow Control Valve Station

• The existing SCADA software will be replaced with Inductive Automation’s Ignition. The software will be installed on servers that will be located in the 19” server rack. Two new workstations will be installed to act as clients.

• We will work with the City IT department to allow operators to remotely VPN into the system and access SCADA in a secure manner. We assume that the City will handle the firewall work associated with this task.

• We will have a Journeyman and Apprentice Electrician come to the site to perform the cutover at each site.

• We plan to replace the SCADA panels at Yah-ta-Hey and Santa Fe Booster Stations in their entirety with larger panels. The existing panels are very small and are difficult to work with.

• We have included spare parts for the system.

• The proposal does not include sales tax.

• Internet Service and cell activations will be by the city.

• We have not included expenses for a lift. Several of the sites may require a lift for antenna installation. We assume these heights to be under 40’. Most sites will simply require a good ladder. We are assuming the City will provide us with a ladder and basic power tools while on site since it is difficult to fly these with us when we travel to site.

• The existing equipment that is being abandoned will be removed permanently at each site.

We will work with the City to develop a cutover plan for the project so as to minimize the amount of time required to operate the system manually.

• A 5% contingency has been included for equipment and labor as there will certainly be some surprises that arise during the work.

• The project does not include costs for new instruments. As part of the project, we will develop a spreadsheet with a list of all instruments and recommendations for each one.

• SKM will provide a 12-month warranty on all equipment provided and on all programming and installation performed for the project. Warranty on hardware begins on the day it is received from the vendors. Warranty on the programming and installation will be 12-months following the completion of the project.

2. Scope of Services The Scope of Services has been divided into the following tasks (each task is further described below)

(for this phase of the project):

1. Task 1 – Equipment

2. Task 2 – Labor

2.5 Task 1 – Equipment

The following equipment will be provided for the project:

• Water Offices – The following equipment will be provided for the Water Offices:

o 19” Server Rack with front and back doors, redundant 3KVA UPS’s, new, and redundant 30A circuits from the building’s lighting panel to the rack.

o Redundant Dell Servers with Windows Server (latest version), MySQL Server, SCADA

Software (Ignition), and communications software as required. A KVM console will be provided for accessing the servers while at the rack.

o Two new workstations (Windows 11) will be provided for viewing SCADA. One workstation will also host all programming software and programming files for the system (Modicon Control Expert, Telepace Studio for existing SCADAPack PLCs, and

Vijeo Designer for touch screens.

o Master Modicon M340 PLC assembly.

o SMS and Voice Modems.

o Cellular Modem and Sacred Winds equipment / Firewall / Router.

o Radio equipment with associated antennas, coaxial cables, and lightning arrestors.

• Grandview Repeater – The following equipment will be provided for the Grandview

Repeater:

o New 450MHz and 900MHz radios and associated antennas, coaxial cabling, and lightning arrestors.

o Cellular Modem and Firewall/Router.

• The following sites will have their PLC replaced along with associated radio and radio equipment. The existing cabinet will be protected in place. Each one will have an additional

20” x 20” x 8” enclosure for housing the new PLC and UPS equipment that will be installed adjacent to the existing cabinet:

o Ray Well o Erwin Well o Lewis Well o Pena Well o Allen Well o Junker 1 Well o Junker 2 Well o Galanis Well o Munoz Well o Colaianni Well o Well 10 o Well 12 o Well 13 o Well 15 o Well 16 o Well 17 o Country Club Booster o Trademart Tank o Twin Buttes Tank o Rehoboth Tank o East Booster o West Side Meter o Mendoza o Water Loading o Kachina Meter

• The following sites have newer PLC equipment that doesn’t need to be replaced. The radios in these locations will be updated along with associated coax and antenna equipment:

o Well 11 o Cresto Booster o Sacred Heart o Church Rock o Rico Meter o Lyons Booster o Hogback PRV o Heaton Booster o Gamerco Tank o Gibson PRV o Yah-ta-Hey Flow Control Valve Station

• Yah-ta-Hey and Santa Fe Booster Stations will receive new PLC panel assemblies to replace the existing assemblies. These assemblies will be NEMA 12 enclosures that house new PLC, radio, power supply and associated equipment.

• Provide two new Windows Surface Pro Tablets with associated hardened case, keyboard, and dock. Setup the tablets to function properly with the SCADA system.

2.1. Task 2 – Labor

The following labor will be provided for the project:

• Project Management – The SKM Principal Engineer will manage the project and make sure that all activities are being performed on budget and on time while meeting the project requirements. Meetings will be held regularly with the City staff to coordinate the work.

Invoices will be sent monthly based upon the equipment purchased and labor performed for the previous month.

• System Design – Our team will design the networks, PLC panels, and develop associated drawings for each location. During installation, markups will be made on the drawings and as-builts will be submitted both electronically and hard copy.

• System Programming – Our team will program the network, radio, cellular, computer, and

PLC equipment as required for a complete and operational system. We will provide modernization to the PLC programs and HMI screens. We will setup the alarm notification, reporting, user management, and view and control screens for the water system.

• Installation, Startup, & Commissioning – Our team will install the new equipment as described above at each of the requisite sites and commission it to verify it’s proper functionality. Once completed, an overall O&M manual will be provided for the system.

The electrical installation of the panels and associated conduit work will be subcontracted to

McDade Woodcock. Our team will perform all terminations and I/O checks. We are marking up their proposal by 15% to cover coordination costs. Their work is as follows:

o Install seventeen (17) 20” x 20” x 12” panels o Remove two (2) 20” x 20” x 12” panels and replace them with two (2) 60” x 36” x

12” panels (Yah-ta-Hey and Santa Fe Pump Stations) o Provide five (5) days of support for additional electrician work such as re-routing conduits, re-pulling wire, fixing conduit supports and mounts.

• The Grandview Tower modifications will be subcontracted to Advanced Tower Services. We are marking up their proposal by 15% to cover coordination costs. Their work is as follows:

o Furnish labor, materials, and equipment to remove several abandoned antennas and line from the existing 100’ tower at Grandview Tank.

o Furnish labor, cable, connectors, and miscellaneous equipment to install three customer furnished antennas. Includes sweep testing.

o Install DC Power Plant on a 19” two-post rack for providing system power with battery backup for the new radio equipment.

• Provide one week of training for the system. An SKM programmer will be on site to conduct the training. Formal outlines and training documents will be provided.

Estimated Annual Cost The following estimate is anticipated costs to maintain the SCADA system each year. These costs would be following the initial 12-month warranty period. This includes software support for the HMI software, cellular and land line phone company costs, and SKM support services to help maintain the system.

Note that only actual hours and expenses expended will be billed.

Estimated Annual Costs (after first 12 months)

Line Description QTY Unit Cost Cost

1 Ignition Basic Support Agreement 1 $ 5,993 $ 5,993

2 Cellular Lines ($50/month) 6 $ 600 $ 3,600

3 Land Line ($50/month) 1 $ 600 $ 600

4 Estimated On-Call Support (8 hours/month) 96 $ 170 $ 16,320

5 Estimated Annual Trips (2 days on site, twice/yr) 2 $ 4,600 $ 9,200

Total: $ 35,713

Cost Proposal This project will be performed on a time and materials basis not to exceed the costs shown herein. The cost breakdown is associated with the tasks described above and with the following rates:

1. Principal Engineer - $215/Hour

2. Controls Engineer - $170/Hour

3. CAD Designer - $135/Hour

4. Journeyman & Apprentice Electricians (crew) - $200/Hour

5. Clerical - $95/Hour

See the next two pages for the cost breakdown. See the following page for SKM standard terms and conditions.

City of Gallup - Water System SCADA Upgrade Cost Estimate 2023 - REV3

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101 Modicon BMXXBP0400 M340 4-Slot Rack $145.44 1 1 2 $290.88

102 Modicon BMXXBP0800 M340 8-Slot Rack $356.25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 $9,618.75

103 Modicon BMXCPS2010 M340 24VDC Power Supply $395.93 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 28 $11,085.90

104 Modicon BMXP342020 M340 Processor $2,348.25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 28 $65,751.00

105 Modicon BMXDDI1602 M340 DC 16DI $284.83 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 2 1 1 1 1 1 1 1 1 30 $8,544.75

106 Modicon BMXDDO1602 M340 DC 16DO $475.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 $12,825.00

107 Modicon BMXAMI0810 M340 8AI $877.69 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 $23,697.56

108 Modicon BMXAMO0410 M340 4AO $654.60 1 1 2 $1,309.20

109 Modicon BMXFTW301 M340 Terminal Base and Cable $63.63 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 2 3 2 2 2 2 2 2 2 1 56 $3,563.00

110 Modicon BMXFTW301S M340 Terminal Base and Cable $103.03 1 1 2 $206.05

111 Modicon BMXFTW308S M340 Terminal Base and Cable $80.80 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 $2,181.60

118 Modicon HMISTU855 6" Touch Screen $1,178.55 1 1 1 1 4 $4,714.20

119 Modicon OPC Factory Server Software $3,600.00 2 2 $7,200.00

120 Inductive Primary SCADA Server Software $24,970.00 1 1 $24,970.00

121 Inductive Backup SCADA Server Software $12,485.00 1 1 $12,485.00

122 Inductive Ignition Basic Support Agreement (12-Months) $5,993.00 1 1 $5,993.00

123 Modicon Control Expert PLC Programming Software Small $1,600.00 1 1 $1,600.00

124 Modicon Vijeo Designer Touch Screen Programming Software $1,400.00 1 1 $1,400.00

201 Freewave Z9-PE Ethernet Radio 900MHz Unlicensed $1,555.00 2 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 36 $55,980.00

202 MDS ECRL4CNNNNNS1S1USUNNN Ethernet Radio 450MHz Licensed $1,917.00 1 1 1 1 1 1 1 1 8 $15,336.00

203 Ventev TWS240NMTM-5' TNC(M) to N(M) Coaxial Jumper $31.80 3 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 43 $1,367.40

204 Polyphaser IS-B50LN-C2 1000MHz Lightning Arrestor $85.21 3 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 31 $2,641.59

205 Ventev 370875 LMR 400 N(M) to N(M) Coaxial Cable Assmbly (50') $93.94 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 28 $2,630.25

206 Andrew Heliax 1/2" Coaxial Cable Assembly (150') $600.00 3 3 $1,800.00

207 TBD 900MHz Omni Antenna $450.00 1 1 1 1 1 5 $2,250.00

208 TBD 900MHz Yagi Antenna $175.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 31 $5,425.00

209 TBD 450MHz Omni Antenna $950.00 1 1 2 $1,900.00

210 TBD 450MHz Yagi Antenna $225.00 1 1 1 1 1 1 1 7 $1,575.00

301 Peplink MAX-BR2-PRO-5GH-T-PRM Peplink MAX BR2 Pro WAN/5G Router $3,623.75 1 1 2 $7,247.50

302 Peplink MAX-BR1-PRO-5GH-T-PRM Peplink MAX BR1 Pro WAN/5G Router $1,248.75 1 1 1 1 1 5 $6,243.75

303 TBD Cellular cables & antennas Cables & Antennas required for 5G $500.00 2 1 1 1 1 6 $3,000.00

304 Phoenix 1085256 8-Port Ethernet Switch $201.86 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 35 $7,065.19

305 Great Lakes 9101ES-2448 19" Server Rack Enclosure $3,477.25 1 1 $3,477.25

306 Great Lakes 9015-ES2P 19" EIA Mounting Rails for 3/8" nuts $213.34 1 1 $213.34

307 Great Lakes TPES-F Top Panel 3-75CFM Fans 115V $456.25 1 1 $456.25

308 Great Lakes 9111-36ELL 19" Enclosure Vented Side Panel $540.00 1 1 $540.00

309 Great Lakes 9102E-MC24 19" Enclosure Mesh Front Door $956.25 1 1 $956.25

310 Great Lakes 9102E-24SM 19" Enclosure Split Mesh Back Door $887.50 1 1 $887.50

311 Great Lakes 7215-30A 19" Enclosure Vertical Power Strip $623.75 1 1 $623.75

313 TBD TBD 19" Shelve $75.00 1 1 $75.00

314 Tripplite N254-024 24 Terminal Patch Panel $310.00 1 1 $310.00

315 Tripplite B040-008-19 19" Enclosure 8-Port KVM Console $1,325.86 1 1 $1,325.86

316 Tripplite P780-006 KVM Cable VGA/USB $26.35 2 1 3 $79.05

317 Dell R340 Windows Server $6,500.00 2 2 $13,000.00

318 Dell Precision 3460 Windows Workstation $2,300.00 2 1 3 $6,900.00

319 Microsoft Surface Pro Windows 11 Tablet $1,380.00 2 2 $2,760.00

320 Sierra Wireless RV55 SMS Modem $873.75 1 1 2 $1,747.50

321 Grandstream HT813 Voice Modem $81.25 1 1 2 $162.50

322 Miscellaneous Rack Accessories $500.00 1 1 $500.00

PLC Equipment

Radio Equipment

Network Equipment

City of Gallup - Water System SCADA Upgrade Cost Estimate 2023 - REV3

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401 Liebert MP2-130C UPS Bypass Switch 30A $546.25 2 2 $1,092.50

402 Liebert GXT5-3000LVRT2UXL UPS 3000VA Rack Mount $4,250.00 2 2 $8,500.00

403 Liebert GXT5-EBC72VRT2U UPS Battery Expansion Module $1,076.25 2 2 $2,152.50

404 Phoenix 2904601 24VDC 10 Amp Quint PS Gen 4 $284.75 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 $7,688.25

405 Phoenix 2907066 24VDC 10 Amp Quint UPS Gen 4 $408.73 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 26 $10,626.85

406 Phoenix 1274118 24VDC 7AH UPS Battery $440.18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 26 $11,444.55

501 Saginaw PLC / UPS Cabinet Assembly $3,400.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 23 $78,200.00

502 Saginaw SCE-48EL3612LPPL NEMA 4 ENCLOSURE 48" X 36" X 12" $998.86 1 1 2 $1,997.73

503 Saginaw SCE-48P36 BACK PANEL FOR 48" X 36" ENCLOSURE $214.85 1 1 2 $429.70

504 Saginaw SCE-LF18NO ENCOSURE LED FIXTURE WITH DOOR SWITCH, NO OUTLET $268.25 1 1 2 $536.50

505 Saginaw SCE-ELMFK4 MOUNTING FOOTKIT FOR PANEL $25.54 1 1 2 $51.08

506 Phoenix 2907571 CIRCUIT BREAKER, 1 POLE, 15A $38.81 1 1 2 $77.63

507 Phoenix 2907562 CIRCUIT BREAKER, 1 POLE, 5A $38.81 1 1 2 $77.63

508 Phoenix 2907918 120V SURGE PROTECTOR $251.00 1 1 1 $251.00

509 Leviton GFNL1-W 15A DUPLEX DEDICATED GFCI OUTLET $25.00 1 1 2 $50.00

510 Idec RJ1S-CL-D24 SINGLE POLE DOUBLE THROW RELAY 24VDC COIL WITH LIGHT $10.63 16 16 32 $340.00

511 Idec SJ1S-05BW SINGLE POLE DIN MOUNT PLUG IN RELAY BASE $6.46 16 16 32 $206.80

512 EPU Large Panel Assembly with Terminals $12,500.00 0.5 1 1 2.5 $31,250.00

601 Misc Electrical Consumables / Rentals $100.00 20 4 4 4 4 4 4 4 4 4 4 4 1 4 4 4 4 4 1 1 1 1 1 1 1 4 4 4 4 4 1 4 4 4 4 1 1 1 132 $13,200.00

$514,084.51

$25,704.23

$5,140.85

$0.00

$544,929.58

701 SKM Project Management (Principal Engineer) $215.00 8 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 8 2 8 2 2 2 2 2 2 2 2 1 1 2 87 $18,705.00

702 SKM Project Management (Clerical) $95.00 2 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1 0.5 1 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 22 $2,090.00

703 SKM Panel Design (Controls Engineer III) $170.00 8 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 4 4 2 2 2 2 2 2 2 8 4 8 4 4 2 4 4 4 4 2 2 2 140 $23,800.00

704 SKM Panel Design (CAD Designer III) $135.00 32 8 8 8 8 8 8 8 8 8 8 8 4 8 8 8 8 8 4 4 4 4 4 4 4 32 8 32 8 8 4 8 8 8 8 4 4 4 328 $44,280.00

705 SKM Network and Device Programming (Controls Engineer III) $170.00 40 2 2 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 6 2 6 2 4 2 2 2 2 2 4 2 2 128 $21,760.00

706 SKM PLC Programming (Controls Engineer III) $170.00 80 16 16 16 16 16 16 16 16 16 16 16 4 16 16 16 16 16 4 4 4 4 4 4 4 24 16 24 8 16 8 8 8 8 8 8 4 4 512 $87,040.00

707 SKM HMI Programming (Controls Engineer III) $170.00 160 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 24 16 24 16 16 16 16 16 16 16 16 16 16 768 $130,560.00

708 SKM OIT Programming (Controls Engineer III) $170.00 24 24 48 $8,160.00

709 SKM Startup & Commissioning (Controls Engineer III) $170.00 128 9 9 9 9 9 9 9 9 9 9 9 5 9 9 9 9 9 5 5 5 5 5 5 5 18 9 18 5 9 5 5 5 5 5 5 5 5 411 $69,870.00

710 SKM O&M Manual Development (Controls Engineer III) $170.00 40 40 $6,800.00

711 SKM System Training (1 week on site for Controls Engineer) $10,000.00 1 1 $10,000.00

712 SKM Warranty Support (4 hours/month for 12 months) $170.00 48 48 $8,160.00

711 TPC Wire Terminations and Panel Connections $200.00 20 5 5 5 5 5 5 5 5 5 5 5 2 5 5 5 5 5 2 2 2 2 2 2 2 10 5 10 5 5 2 5 5 5 5 2 2 2 179 $35,800.00

711 TPC McDade Woodcock (Electrical Subcontractor) $85,000.00

711 TPC Advanced Tower Services (Tower Subcontractor) $29,000.00

712 SKM Travel Costs ($2,000 per trip which includes flights/hotels) $2,000.00 7 $14,000.00

713 TPC Travel Costs ($3,500 per trip for two) $3,500.00 6 $21,000.00

$616,025.00

$30,801.25

$646,826.25

$1,191,755.83

Power Equipment

Panel Equipment

Project Total

Installation Materials

Labor Sub-Total

Labor Contingency (5%)

Labor Total

Labor

Equipment Sub-Total

Equipment Contingency (5%)

Equipment Shipping / Handling (1%)

Equipment Sales Tax (Exempt)

Equipment Total

SKM Engineering, LLC Articles of Terms and Conditions

I. SCOPE

SKM Engineering, LLC (SKM) agrees to perform the services described in the proposal attached hereto which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of SKM shall not be construed to exceed those services specifically set forth in the proposal. These terms and conditions and the proposal, when executed by Client, shall constitute a binding agreement on both parties (hereinafter the “Agreement’).

II. COMPENSATION

Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal. Payment to SKM will be made within 30 days after the date of billing. Interest on the unpaid balance will accrue beginning on the 31st day at the maximum interest rate permitted by law.

Time-related charges will be made in accordance with the billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Otherwise, SKM’s standard billing rates shall apply.

Ill. RESPONSIBILITY SKM is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the Work. SKM shall perform the services in accordance with generally accepted engineering practices and standards in effect when the services are rendered. SKM does not expressly or impliedly warrant or guarantee its services.

In performing construction management services, SKM shall act as agent of Client.

SKM’s review or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work.

The presence of SKM’s personnel at a construction site, whether as on-site representative, resident engineer or construction manager, shall be for the sole purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contractor’s performance. SKM shall have no responsibility for the contractor’s means, methods, techniques, sequences, for safety precautions and programs incident to the contractor’s work, or for any failure of contractor to comply with laws and regulations applicable to performing its work.

IV. INDEMNIFICATION

SKM agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent acts, errors or omissions of SKM, its agents, employees, or representatives, in the performance of duties under the Agreement. Regardless of any other term of this Agreement, in no event shall SKM be responsible or liable to the other for any incidental, consequential, or other indirect damages.

V. ATTORNEYS’ FEES

In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the nonprevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other related expenses in such litigation.

VI. INSURANCE

SKM shall maintain during the life of the Agreement the following minimum insurance:

1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000.

2. Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000

3. Statutory Worker’s compensation and employers’ liability insurance as required by state law.

4. Professional liability insurance with limits of not less than $1,000,000.

VII. SUBCONTRACTS

SKM shall be entitled, to the extent determined to be appropriate by SKM, to subcontract any portion of the Work to be performed under this Agreement.

VIII. ASSIGNMENT

This Agreement is binding on the heirs, successors, and assigns of the parties hereto. The Agreement is not to be assigned by either Client or SKM without the prior written consent of the other.

IX. INTEGRATION

These terms and conditions and the proposal to which they are attached represent the entire understanding of Client and SKM as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties, provided further that any terms and conditions in any Task Order or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are deemed null and void.

X. CHOICE OF LAW/JURISDICTION

This Agreement shall be administered and interpreted under the laws of the state in which the SKM office responsible for the project is located.

Jurisdiction of litigation arising from the Agreement shall be in that state.

XI. SEVERABILITY

If any part of the Agreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect.

XII. NO BENEFIT FOR THIRD PARTIES

The services to be performed by SKM hereunder are intended solely for the benefit of Client, and no right or benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreement No such person or entity shall be entitled to rely on SKM’s performance of its services hereunder.

XIII. WORK PRODUCT

SKM and Client recognize that SKM’s work product submitted in performance of this Agreement is intended only for the Client’s benefit and use. Change, alteration, or reuse on another project by Client shall be at Clients sole risk, and Client shall hold harmless and indemnify SKM against all losses, damages, costs and expense, including attorneys’ fees, arising out of or related to any such unauthorized change, alteration or reuse.

Any signed, stamped and dated Construction Documents prepared by the Consultant are the Work Product. CADD files are furnished for convenience only. The transfer of the CADD files for use by the Client shall not be deemed a sale and the Consultant makes no warranty, either express or implied, of merchantability or fitness for any particular purpose.

XIV. SUSPENSION OF WORK

Work under this Agreement may be suspended as follows:

1. BY Client. By written notice to SKM, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client’s control make normal progress of the Work impracticable. SKM shall be compensated for its reasonable expenses resulting from such suspension including mobilization and de-mobilization. If suspension is greater than 30 days, then SKM shall have the right to terminate this Agreement in accordance with Article XIV, Termination of Work.

2. By SKM. By written notice to Client, SKM may suspend the Work if SKM reasonably determines that working conditions at the Site (outside SKM’s control) are unsafe, or in violation of applicable laws, or for other circumstances not caused by SKM that are interfering with the normal progress of the Work. SKM’s suspension of Work hereunder shall be without prejudice to any other remedy of SKM at law or equity.

XV. TERMINATION OF WORK

This Agreement may be terminated as follows

1. Client (a) for its convenience on 30 days’ notice to SKM, or (b) for materially breaches this Agreement through no fault of Client and SKM neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to SKM.

2. By SKM (a) for cause, if Client materially breaches this Agreement through no fault of SKM and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after SKM has given written notice of the alleged breach to Client, or (b) upon five days’ notice if Work under this Agreement has been suspended by either Client or SKM in the aggregate for more than 30 days.

3. Payment upon Termination. In the event of termination, SKM shall perform such additional work as is reasonably necessary for the orderly closing of the Work. SKM shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work. Except for termination of SKM by Client for cause, SKM shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination.

XVI. NOTICES

All notices required under this Agreement shall be by personal delivery, facsimile or mail to the SKM Project Manager and to the person signing the proposal on behalf of the Client, and shall be effective upon delivery to the addressed stated in the proposal.

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