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Evanston City of Evanston
PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
EVANSTON (OWNER) AND CONSULTANT NAME HERE (PROFESSIONAL CONSULTANT)
This is a Professional Consulting Services Agreement between the City of Evanston
hereinafter called "Owner" and Roth Brothers, Inc. hereinafter called "Professional
Consultant" to provide consulting services to the Owner.
The Owner proposes Consulting Services complete Roof Assessment at the Evanston
Water Utility,
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 December 31, 2011.
Compensation for all Basic Services provided by the Professional Consultant under terms
of the Agreement shall be a not -to -exceed cost of $12,385, Hourly rates will be as
outlined in Attachment C.
Compensation in excess of the total Agreement amount of $12,385 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. Gerard Curran, whose work address
and telephone number are P.O. Box 761, Midlothian, Illinois 60445, (708) 267-5580.
The Owner representative is Ms. Lara Biggs, whose work address and telephone number
are 555 Lincoln Street, Evanston, Illinois 60201, (847) 448-8198.
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 whatsoever on any
non-party that may be enforced by any non-party to this Agreement.
For the Professional Consultant For the City of Evanston
By:'r�Z� L� By: " thP
Title: Cana 1 %�ccoun� � PcAh� Title: C l'ry Oefia-vxl
Date: r--I _-)-0/l
Date: 9/2 7///
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PROFESSIONAL CONSULTING SERVICES AGREEMENT
STANDARD PROVISIONS
TABLE OF CONTENTS
Article I 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 Invoicing and Payment
Attachment A -City of Evanston Request for Proposal Dated August 22, 2011
Attachment B-Professional Consultant's Proposal Dated September 15, 2011
Attachment C-Cost Proposal Dated September 15, 2011
2
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 Roth Brothers, 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
(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.
2A 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 If 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
0
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
4.2.1.1 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
E
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.
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
1.
liabilities which the Owner may sustain as a result of:
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 $3,000,000 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
7
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 $12,385.
6.1.2 The Project Budget includes all required services for the completion of
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.
any or
Memorandum
Evanston,
To: Wally Bobkiewicz, City Manager
From: David Stoneback, Director of Utilities
Lara Biggs, Superintendent of Construction & Field Services
Subject: Award of Agreement for Roof Inspection Services
Date: September21, 2011
Recommended Action:
Staff recommends the City Manager execute an agreement to provide roof inspection
services at the Evanston Water Treatment Facility to Roth Brothers, Inc. (3847 Crum
Road, Youngstown, OH) in the not -to -exceed amount of $12,385.
Fundina Source:
Funding will be provided from the Water Fund, Account 7125.62180, Studies. This
project was not budgeted for FY 2011. However, this account has available funding of
$30,000 due to other studies that have been deferred or cancelled.
Backaround:
The Evanston Water Treatment Facility has approximately 84,000 sq ft of roofing. A
summary of the roofs are attached as Exhibit A.
Staff has recommended funding in the 5-year Capital Improvement Program as follows
for roof rehabilitation and replacement at the water treatment facility:
Fiscal Year Proposed Fundina
2012 $150,000
2013 $150,000
2014 $100,000
Because of the quantity of roofing at the facility and the age of roofs, it is difficult to
identify which roofs are most in need of replacement. In addition, the life of some of the
existing roofing systems may be able to be extended by implementing less expensive
rehabilitation projects. Therefore, staff is recommending inspection of the roofs in order
to more effectively prioritize needed repair and replacement projects.
In addition, this inspection will include performance of simple maintenance to the roofing
systems. Completion of this preventative maintenance may extend the life of the roofs
by several years.
Summary:
The following tasks were described in the scope of work for this Request for Proposal
(RFP):
• Inspection of each roof by a qualified inspector, including
o Visual inspection
o Coring each roof to determine the existing roof system
o Infrared moisture survey
• Performance of preventative maintenance activities:
o Removal of debris
o Cleaning of roof drains
o Simple repairs to flashing and roof membranes
o Redistribution of ballast stone as needed
• A written summary report, including the following information for each roof:
o Description
o Total square feet
o Evaluation of each of the roof system components
o Estimate of remaining asset life
o List of recommended additional maintenance, including estimated costs
o Estimated cost of replacement
This project is to be completed by December 28, 2011. The information in the report
will be used to identify specific roofing projects to be completed beginning in Summer
2012.
The RFP was issued on August 22, 2011. This project was estimated to be under
$20,000 and therefore was not publicly advertised. Instead, it was issued to five roofing
companies, including one Evanston business (Hanson Roofing). An additional
Evanston business, Northstar Roofing, was identified from the Evanston Local Business
Directory, but staff was unable to contact them despite repeated attempts. The
remaining four companies are known to do this type of specific inspection in the
Chicago area.
A mandatory pre -proposal meeting was held on September 1, 2011. The Evanston
business, Hanson Roofing, was contacted prior to the meeting, but expressed they were
not interested in participating. Two companies sent representatives to the meeting:
Riddiford Roofing Corporation and Roth Brothers, Inc.
Proposals for the project were received on Tuesday, March 1, 2011. One proposal was
received as follows:
Company I Address I Cost
Roth Brothers, Inc. 13847 Crum Road, Youngstown, OH 1 $12,385
The proposal submitted by Roth Brothers, Inc. was evaluated by Lara Biggs,
Superintendent of Construction & Field Services. It was determined to be responsive
and within the estimated price of $15,000.
Staff checked the references for Roth Brothers, Inc., and found them to be satisfactory.
Attachments:
Exhibit A — Summary of Roofs
IW4:11-311re1
EVANSTON WATER UTILITY
ROOF INDEX
Roof
Roof
Dimensions
Square
Warranty
#
Year
Material
N-S
E-W
Footage
Information
1
1979
1-ply BUR
22.75
95.5
2,173
2
2011
5-ply coal tar
15
87.5
1,313
20-year
3
2010
5-ply coal tar
49
90.33
4,426
20-year
4
1997
1-ply BUR
40
16.67
667
5
2008
57
19
1,083
20-year
6
2008
5-ply coal tar
57
57
3,249
20-year
7
2002
4-ply coal tar
57
105
5,985
20-vear
1-ply
8
1997
membrane
39
70
2,730
9
1963
coal tar pitch
36
97
3,492
10a
1963
48
18
864
10b
1963
54.5
12
654
11
2011
5-ply coal tar
57.25
95.5
5,467
20-year
1-ply
12
1996
membrane
22
95.5
2,101
13
2011
5-ply coal tar
57.25
95.5
5,467
20-year
14
2002
4-ply coal tar
33
116.33
3,839
20-year
1-ply
15
1996
membrane
57.25
95.5
5,467
20-year
1-ply
16
1996
membrane
22
95.5
2,101
20-year
1-ply
17
1996
membrane
57.25
95.5
5,467
20-year
1-ply
18
1994
membrane
136.5
16.08
2,195
19
2005
5-ply coal tar
41
25.5
1,046
20-year
20
2005
5-ply coal tar
33
25.5
842
20-year
1-ply
21
1997
membrane
22.5
50,42
1,134
1-ply
22
1994
membrane
35
151.92
5,317
23
1980
Lt Wt Concrete
22.5
151.92
3,418
24
2008
5-ply coal tar
22.5
101.50
2,284
20-year
25a
2005
5-ply coal tar
27
28
756
20-year
25b
2005
5-ply coal tar
26
36
936
20-year
25c
2005
4-ply BUR
27
28
756
20-year
1-ply
26
1994
membrane
6.83
67,83
464
4-ply tar glas
27a
1983
BUR
22.75
15
341
4-ply tar glas
27b
1983
BUR
40.92
45.33
1,855
1-ply
28a
1994
membrane
112
22
2,464
Comments
Rehabilitated in
2002
Rehabilitated in
2002
Rehabilitated in
2002
Rehabilitated in
2002
Roof
#
Year
Material
1-ply
28b
1994
membrane
29
2005
5-ply coal tar
30
2005
5-plV coal tar
31
2002
4-ply coal tar
EVANSTON WATER UTILITY
ROOF INDEX
Roof Dimensions Square Warranty
N-S E-W Footage Information Comments
19
8
152
90
45
4,050
15.5
40.5
628
23
56.5
1,300 20-year
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