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HomeMy WebLinkAboutWater General Support' 1• city of anston City of Evanston Ev PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND BURNS & MCDONNELL ENGINEERING COMPANY, INC. (PROFESSIONAL CONSULTANT) This is a Professional Consulting Services Agreement between the City of Evanston hereinafter called "Owner" and Burns & McDonnell Engineering Company, Inc. hereinafter called "Professional Consultant" to provide consulting services to the Owner. The Owner proposes the Engineering Services to Prepare the Valuation of the Water Works Properties as described herein. The Professional Consultant services will be performed for the Owner who is located at Evanston Water Utility, 555 Lincoln Street, Evanston, Illinois, The Professional Consultant's services will be completed by September 30, 2010. Compensation for all Basic Services provided by the Professional Consultant under terms of the Agreement shall be a not -to -exceed fee of $21,442, Hourly rates will be as outlined in Attachment B. Compensation for all Direct Reimbursable Expenses provided by the Professional Consultant under terms of the Agreement shall be a not -to -exceed fee of $2,558. Compensation in excess of the total Agreement amount of $24,000 shall not be allowed unless approved by a written Agreement amendment. Compensation for costs incurred as a result of improper performance by the Professional Consultant will not be allowed. Details of the Agreement compensation provisions follow in the text of the Agreement and Standard Provisions incorporated by reference. The Professional Consultant represents it is in compliance with the laws and regulations relating to the profession of architecture and signifies its willingness to provide the desired architectural and consulting services. The Professional Consultant representative is Mr. Ted Kelly, whose work address and telephone number are 9400 Ward Parkway, Kansas City, Missouri, 64114, (816)333- 9400. The Owner representative is Mr. Kevin Lookis, whose work address and telephone number are 555 Lincoln Street, Evanston, Illinois 60201, (847)866-2942. This Agreement incorporates and the parties agree to all of the Standard Provisions of the Professional Consulting Services Agreement, The Professional Consultant acknowledges receipt of a copy of these Standard Provisions. The parties also agree to all of the provisions, which are annexed and made part of this Agreement, consisting of Attachments A, B, and C. Nothing in this Agreement accords any third party beneficiary rights ,vhatsoever on any non-party that may be enforced by any non-party to this Agreement. For the Professional Consultant By: 2zV Title: Principal Date: a/Q4 1 1 For the City of Evanston By: Title: City Manager Date: 2 PROFESSIONAL CONSULTING SERVICES AGREEMENT STANDARD PROVISIONS TABLE OF CONTENTS Article 1 Definitions Article 2 Professional Consultant's Responsibilities 2.1 General 2.2 Schedule 2.3 Errors and Omissions 2.4 Subletting or Assignment of Agreement Article 3 Owner's Responsibilities 3.1 General 3.2 Owner's Representative Article 4 Basic Scope of Services 4.1 General 4.2 Project Phases Article 5 Miscellaneous Provisions 5.1 General 5.2 Additional Services 5.3 Legal Relations 5.4 Indemnity 5.5 Insurance Requirements 5,6 Ownership of Contract Documents 5.7 Termination, Suspension or Abandonment Article 6 Project Budget 6.1 General Article 7 Compensation 7.1 Basic Services 7.2 Reimbursable Expenses 7.3 Invoicing and Payment Attachment A -City of Evanston Request for proposal Attachment B-Professional Consultant's Proposal Dated February 8, 2010 Attachment C-Cost of Completed project 3 Article 1 -Definitions 1.1 "Contract Documents" means all plans, elevations, sketches, details, specifications (including "Owner/Contractor Agreement", "Conditions of Contract" and Addendum), cost estimates, reports and related documents produced as part of this Project. 1.2 "Owner" means the City of Evanston and their designated Project Manager. 1.3 "Professional Consultant" means Burns & McDonnell Engineering Company, Inc. 1.4. "Project" means the specific improvements proposed by the Owner in this Agreement. 1.5 "Scope" means the performance of all work as outlined in the project's Request for Proposal. 1.6 "Services" means the consulting engineering services, labor, equipment and materials furnished by the Professional Consultant in accordance with this Agreement. Article 2 - Professional Consultant's Responsibilities 2.1 General 2.1.1 The Professional Consultant's services consist of those services performed by the Professional Consultant, Professional Consultant's employees, Professional Consultant's sub -consultants, contractors, and sub- contractors as enumerated in Article 4 of this Agreement. 2.1.2 The Professional Consultant shall not conduct any work outside the Basic Scope of Services without the prior written approval from the Owner in the form of an amendment to this Agreement. 2.1.3 The Professional Consultant shall provide services in accordance with the Building Code of the City of Evanston and all other applicable codes and regulations set forth by any governing bodies having jurisdiction over the Project. 2.1.4 The Professional Consultant shall furnish structural, mechanical and hazardous materials tests and other laboratory and environmental tests, inspections and reports required for the performance of the services, The Owner shall reimburse the Professional Consultant for all required testing services at cost and shall pay for any coordination efforts required by the Professional Consultant on an hourly basis. Costs for these tests are shown in the proposal and included in the Professional Consultant's Basic Services 2.2 Schedule 2.2.1 Time is of the essence in completing the services and the Professional Consultant shall proceed continuously and expeditiously - through completion of each task. The Professional Consultant and the Owner shall develop and approve a schedule for the performance of the Professional Consultant's services. The Professional Consultant, along with his sub - consultant, shall meet with Owner at the beginning and end of each phase 4 (as described in the RFP) to present the Owner with scheduled tasks and completed tasks. 2.2.2 The schedule shall not be extended because of any delay attributable to the Professional Consultant. The schedule may be extended by the Owner in the event of a delay attributable to the Owner, or because of unavoidable delays caused by an act of God, war, governmental actions, or other conditions beyond the control of the Professional Consultant, 2.2.3 The Professional Consultant shall be held liable for any and all damages to the Owner resulting from Project delays caused by the Professional Consultant and within the Professional Consultant's control. 2.3 Errors and Omissions 2.3.1 The Professional Consultant is responsible for and shall pay all costs due to its negligence, all errors, omissions or misconduct, including but not limited to: errors in Contract Documents, lack of document coordination, missing or ambiguous information or failure to identify observable . conditions. 2.3.2 The Professional Consultant shall be responsible for the accuracy of the Work performed under this Agreement and shall promptly make necessary revisions or corrections to its Work resulting from its negligent acts, errors or omissions without additional compensation. The Professional Consultant shall give immediate attention to these revisions or corrections to prevent or minimize delay to the Project. 2.3.3 The Professional Consultant shall make revisions to the' Contract Documents which have been completed, approved and accepted by the Owner as are necessary to correct errors or omissions in the Contract Documents, when required to do so by the Owner, without additional compensation therefore from the Owner. The Professional Consultant shall give immediate attention to these revisions or corrections to prevent or minimize delay to the Project. 2.4 Subletting or Assignment of Agreement 2.4.1 The name and description of all consultants used by the Professional Consultant to perform specific services directly related to this project shall be submitted to the Owner for approval in writing before their use on this project. The Professional Consultant shall be responsible for paying its consultants for the consultant's total services. 2.4.2 1f the Professional Consultant's assistants, employees, or subcontractors prove unsatisfactory to the Owner, such persons shall be immediately removed from the Project and promptly replaced by the Professional Consultant upon request from the Owner, and the Professional Consultant shall not object to the Owner's request. 2.4.3 Consent to assign, sublet or otherwise transfer responsibility for any portion of the Work shall not be construed to relieve the Professional Consultant of any responsibility for the fulfillment of this Agreement. No subletting, subcontracting or assignment of any portion of the Work under this Agreement shall state, imply, intend or be construed to limit the legal liability of either the Professional Consultant or the sub -consultant. 2.4.4 The guidelines, terms, conditions and requirements of this contract shall apply to all persons used by the Professional Consultant to assist in the design and development of the Project. Article 3 - Owner's Responsibility 3.1 General 3.1.1 The Owner shall provide information regarding general Project requirements and budget. 3.2 Owner's Representative 3.2.1 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project, The Owner's authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Professional Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Professional Consultant's services. Article 4 - Basic Scope of Services 4.1 General 4.1.1 The Professional Consultant's Basic Scope of Services consists of those described in Paragraph 4.2 and includes normal design and installation services. The services described in the Request for Proposal and Consultant's Proposal (Attachments A & B respectively) shall also be included in this contract. 4.2 Project Phases 4.2.1 Each phase of the project shall be completed in accordance with the activities outlined in the Consultant's Proposal (Attachment B). Article 5 - Miscellaneous Provisions 5.1 General 5.1.1 This agreement shall be governed by the laws of the State of Illinois, in the event of litigation the venue shall be in Cook County, Illinois, 5.1.2 This Agreement represents the entire and integrated agreement between the Owner and Professional Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Professional Consultant, 5.1.3 It is understood that the obligations assumed in this Agreement shall be binding upon the Owner and upon the Professional Consultant, and upon the successors, executors, administrators and assigns of the parties hereto and that neither the Owner nor the Professional Consultant shall assign, sub -contract or transfer their interest in this Agreement without the written consent of the other party. rol 5.2 Additional Services 5.2.1 If in the Professional Consultant's opinion the Owner requests Work not included in the Basic Scope of Services of this Agreement, the Professional Consultant must notify the Owner in writing immediately if it is the Professional Consultant's opinion that extra compensation or additional time allowance is warranted. 5.2.2 The Professional Consultant's proposal for Additional Services shall include the justification for the claim for extra compensation and the amount of additional fee and/or time requested. All proposals for Additional Services shall be based on the hourly billing rates provided in Attachment C. 5.2.3 The Professional Consultant shall not proceed with any Additional Services outside of the Basic Scope of Services until the Owner has approved a written Agreement amendment authorizing the Professional Consultant to proceed. Such Agreement amendments shall include appropriate time extensions when the Owner determines they are warranted. 5.3 Legal Relations 5.3.1 The Professional Consultant shall become familiar with and shall at all times comply with and observe all federal, state and local laws, ordinances and regulations which in any manner affect the Project or the Professional Consultant's conduct. 5.3.2 In carrying out the provisions of this Agreement, or in exercising any power or authority granted to the Owner thereby, there shall be no personal liability upon the authorized representatives of the Owner, it being understood that in such matters they act as agents and representatives of the City of Evanston. 5.3.3 The Professional Consultant shall be responsible for any and all damages to property or persons arising out of a negligent act, error and/or omission in the Professional Consultant's performance of this Agreement. 5.3.4 The Professional Consultant shall indemnify and hold harmless the Owner and all their officers, agents and employees on account of any damages to persons or property resulting from negligence of the Professional Consultant arising out of, or in connection with the performance and completion of this Agreement. 5.4 Indemnity 5. 4.1 In addition to any liability or obligation of the Professional Consultant to the Owner under any other provision of this Agreement, statute or otherwise, the Professional Consultant shall be liable to and will hold harmless, insure, indemnify and defend the Owner from, and against, any and all demands, judgments, awards, losses, damages, costs claims or liabilities which the Owner may sustain as a result of 7 1. Any infringement of any claimed copyright, patent, or other property right arising out of performance of the Services, or Owner's use of the plans, documents, reports or other materials produced by the Professional Consultant in connection therewith; 2. Any negligent or wrongful act of the Professional Consultant, its agents, servants, employees, officers or subcontractors. 5.5 Insurance - 5,5.1 The Professional Consultant shall carry and maintain at its own cost, with such companies as are acceptable to the Owner, all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by the Professional Consultant, and insuring the Professional Consultant against claims which may arise out of or result from the Professional Consultant's performance or failure to perform the Services hereunder: 1. Worker's compensation in statutory limits and employer's liability insurance in the amount of at least $500,000 2. Comprehensive general liability coverage, and designating the Owner as additional insured for not less than $3,000,060 combined single limit for bodily injury, death and property damage, per occurrence 3. Comprehensive automobile liability insurance covering owned non owned and leased vehicles .for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence 4. Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. 5.5.2 The Professional Consultant shall provide the Owner with certificates of insurance and, if requested by the Owner, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The Professional Consultant's certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled -or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the Owner. 5.6 Ownership of Contract Documents 5.6.1 Upon completion or termination of this Agreement, all Contract Documents shall be delivered to 'and become the property of the Owner. All word processing documents and spreadsheets shall be in Microsoft Word or Excel. All computer -aided design ' files shall be in AutoCAD version 14 or 2000. Final payment is contingent upon. the delivery of these items. These notes, studies, reports, estimates, specifications, plans, etc, may be used without restriction by the Owner for any public purpose. Any such use shall be without compensation or liability to the Professional Consultant and will not violate any intellectual property rights or interests of the Professional Consultant. The Professional Consultant shall be permitted to retain copies, including reproducible copies of the Contract Documents for information and reference in connection with the Project. 5.6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner's reserved rights, 5.7 Termination, Suspension or Abandonment 5.7.1 This Agreement may be terminated by the Owner upon not less than seven (7) days' written notice. In the event of a termination of services by the Owner, the Owner shall have no liability of any kind whatsoever to the Professional Consultant after the termination date. 5.7.2 In the event of termination of the Project, the Professional Consultant shall be compensated for services performed prior to termination on an hourly basis. 5.7.3 If the Owner suspends the Project more than thirty (30) consecutive days, the Professional Consultant may be compensated for services performed prior to notice of suspension on an hourly basis. 5.7.4 if the Owner fails to make payments in accordance with Article 7, the Professional Consultant may, upon thirty (30) days' written notice to the Owner, suspend performance of services under this Agreement. In the event of a suspension of services, the Professional Consultant shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 5.7.5 If the Owner commits a material breach of this Agreement or if the Project is suspended for a period of six months or more, the Professional Consultant may terminate this Agreement by written notice to the Owner only after the Owner has been given a notice of a material breach by the Professional Consultant and does not cure the failure within a period of ten (10) business days. Article 6 - Project Budget 6.1 General 6.1.1 The Project.Budget for this contract shall be $24,000, 6.1.2 The Project Budget includes all required services for the completion of all work as outlined in the Request for Proposal (Attachment A). Article 7 - Compensation 7.1 Basic Services 7.1.1 Payments to the Professional Consultant will be made upon the completion of each phase. 7.1.2 All payments made to the Professional Consultant will be made in accordance with the Local Government Prompt Payment act. 7.1.3 The Owner has the equitable right to set off against any sum due and payable to the Professional Consultant under this Agreement, any amount W, the Owner determines the Professional Consultant owes the Owner, whether arising under this Agreement or under any other Agreement or otherwise. 7.1.4 Compensation in excess of the total Agreement amount will not be allowed unless justified in the City's sole judgment and authorized in advance by an approved written Agreement amendment. 7.1.5 Compensation for improper performance by the Professional Consultant will not be allowed. 7.2 Reimbursable expenses 7.2.1 Reimbursable expenses are in addition to compensation for Basic services and are outlined in Professional Consultant's proposal of February 8, 2010 (Attachment B), 7.2.3 The following items are considered overhead costs of the Professional Consultant and are not covered under expenses reimbursable to the Professional Consultant by the Owner: meals, entertainment, in-house materials and reproductions necessary for the Professional Consultant's development of documents for the project, travel expenses, overtime, telephone and fax charges, all computer use and time including but not limited to, plottings, drawings, word processing (etc.), computer disks, and in-house scale nrodel(s) and/or rendering(s). 7.2.4 Reimbursable expenses are to be billed at cost only and are to be invoiced with appropriate back-up data (receipts, delivery bills, etc.). 7.3 Invoicing and Payment 7.3.1 Invoicing shall be addressed to the designated Owner's representative, shall be submitted in spreadsheet format and shall include the following information: - l. Project name, project number and task(s)/sub-task(s) submitted for payment. 2. Names, classifications, rates and hours worked of all personnel engaged in providing the necessary services for the project on a per task/subtask basis. 3. Itemized reimbursable expenses (with appropriate backup data). 10 Prat' ttsssd ServxcoF s Ted 1. Kell} i�} f�m2rhett. �ata'�taxtsi€ n., iaauty R' .aview '�ubcassttiS�t Tatrlli*nm*xid $ Tatxl L*car $ ou, of-parlut Expenses Tsaysti Sx gilssoK s T e c kvwt C ha-Zx.1;$ M zaA Total EspONA t ?: Wei Project Cszsf Toil E Aim att dCooE pat T uk �uaixatr€wiis-eTtxt3xl E�tixttmYsi€t' >axls,mulaaw "*tt Hr st A C*tT i. u=Z'z€alisrt Told a aazta Cumzulakiiq LaYsasDollatr mulativ� 8x pina Dol€aua Mits ci€3- tat' zvous€ton PrtaisesN to Pr*ViAq RCSL D Estin at*- NiAffigddov i P'rolt,tMUnhaur Prop anal - By Task and C*nvultwnt TA4k I I uk:T 7za1R3 Taxka 74%uh lt¢ two 1"XICws 1atR�i Xaa Utal ii.oLud. :1i4. Vmukxi k[G331.L Fcalixzx £sk8axak■a Labor Lab" RwA I'M;2 3*ix 2u i°■3cx dir"mkil 'Erna} ��aE&fl MW '*SYAWSWMK OhUZVVJSU isLffiCaiii PAv4L lisurs 161 1189.00 2 ID 8 12 32 $6,O481 15iF 1184.00 4 2 6 $1,104 €21 1153.00 4 12 4 20 3 $3,060 &I 1105.00 20 32 28 [ 3 80 $8,400 0 1115,00 1 1 € 2 $230 1/30.00 16 a [ 20 $2,600 2 + 54 53 51 1 160 $21,442 $37 18 .. I.s.8_ J 313% 3 [ Avg it $134 T;ufus; £€z $0 S_560 $0 I $0 E $560 $99D $20 $376 $5255 F $465 $1,3g6 612 $612 $20 $93b $525 $IA77 $.,tcg $398 $8354 I $7348 $7y00 $398. $8752 $16,100 $24,000 11.0 1956 S1,481 $Z s (1) l»)c%AJestwe le4 lrx Ike Pi*J*e.Macau*ger*ta Ptit, ect3eugbottr & )C3*lle3Ct 1kfiatrotzctfAx*kd rai■d■scttitt*lift iv*tf* Ws tctrrai . INTEROFFICE MEMORANDUM TO: LARA BIGGS, AS SUPERINTENDENT, WATER & SEWER DIVISION FROM: LLOYD W. SHEPARD, BUSINESS DEVELOPMENT COORDINATOR, PURCHASING SUBJECT: RFP NO. 10-83, PLANT VALUATION STUDY, BURNS & MCDONNELL, PARTIAL WAIVER OF M/W/EBE SUBCONTRACTING DATE: 03/01/2010 CC: JEWELL JACKSON, PURCHASING & CONTRACTS MANAGER The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City requires that general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. Due to the scope, size and need for the efficient manage of this contract it is in the best interest of the City to approve a partial waiver of the M/W/EBE subcontracting requirement. Burns and McDonnell is credited with awarding a subcontract of eleven (11) percent of the total contract award to Busking Engineering Services, a WBE, amounting to $2,600. Burns and McDonnell's fee is for a not -to exceed amount of $24,000. Listed below is the address, scope and subcontract amount of the WBE. Name & Address Busking Engineering Services, L.L.C. 627 South Euclid Oak Park, IL. 60394 Scope Validation Services Bid Amount $2,600 RIP No. 10-83, Plant Valuation Study Waiver 3/01/2010