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PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON
(OWNER) AND WALL ENGINEERING (PROFESSIONAL CONSULTANT)
This is a Professional Consulting Services Agreement between the City of Evanston hereinafter called "Owner" and
Wall Engineering hereinafter called "Professional Consultant" to provide consultant services to the Owner.
The Owner proposes a mechanical system upgrade at two Fire Stations.
The Professional Consultant services will be performed for the Owner who is located at 2100 Ridge Avenue,
Evanston, Illinois. The Professional Consultant's services will be completed within eight (8) months from the date
of Notice to Proceed from the Owner.
Compensation for all Basic Services provided by the Professional Consultant under terms of the Agreement shall be
a fixed fee of $18,245.00.
Compensation for all Reimbursable Services provided by the Professional Consultant under terns of the Agreement
shall be a not -to -exceed fee of $320.00.
Compensation in excess of the total Agreement amount of $18,565.00 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 that it is in compliance with the laws and regulations relating to the
professions of architecture and engineering and signifies its willingness to provide the desired architectural and
engineering services.
The Professional Consultant's representative is Alan Wall, whose work address and telephone number is 2736
Lincolnwood Drive, Evanston, Illinois 60201, (847) 869-4181.
The Owner's representative is Douglas J. Gaynor, whose work address and telephone number is 2100 Ridge
Avenue, Evanston, Illinois 60201, 847-448-8040.
This Agreement incorporates and the parties agree to all of the Standard Provisions of the Professional Consulting
Services Agreement attached hereto and made a pant hereof. 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
Attachment A and B.
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 Consult/ant For the City of
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Title: Q(""��177Ctt �� Title: Wally Bobkie icz, City Manager
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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
Not Used
4.3
Investigation / Design Development Phase
4.4
Construction Document Phase
4.5
Bidding and Negotiations Phase
4.6
Construction Administration Phase
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
6.2
Estimating and Bidding Procedures
Article 7
Compensation
7.1
Basic Services
7.2
Reimbursable Expenses
7.3
Invoicing and Payment
Attachment A
City of
Evanston Request for Proposal #12-1 1
Attachment B Professional Consultant's Proposal Dated October 26, 2011
Article 1
Definitions
Ll "Construction Documents" means all plans, specifications and cost estimates required to bid and construct
the Project.
L2 "Contract Documents" means all drawings, reports and related documents produced as part of this Project.
1.3 "Deliverable" means drawings, reports and other documents produced and delivered to the Owner as part
of a formal Project Submittal as outlined in Article 4.
1.4 "Owner" means the City of Evanston.
1.5 "Phase" means a specific project stage performed by the Professional Consultant as outlined in Article 4.
1.6 "Professional Consultant" means Wall Engineering.
1.7 "Project" means the specific improvement proposed by the Owner in this Agreement.
1.8 "Scope" means the complete design, detailing and specifying for construction of all improvement items as
outlined in the Project's Request for Proposal.
1.9 "Services" means the structural engineering, mechanical engineering, and related labor, equipment and
materials furnished by the Professional Consultant in accordance with this Agreement.
1.10 "Sub -consultant" means any consultant employed directly by the Professional Consultant to perform
specific Professional Services for this Project.
1.11 "Subcontractor" means any consultant employed directly by the Professional Consultant to perform
specific Professional Services for this Project.
1.12 "Submittal" means a specifically identified submission of plans, specifications, cost estimates, reports or
other documents to the Owner or other governing jurisdiction for review and/or approval as outlined in
Article 4.
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 and Professional Consultant's sub -consultants 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 and
shall not receive any additional compensation therefore 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 determine all permits and documents necessary to construct the
Project and shall prepare and submit all required documents and permit applications on the forms
and in the manner prescribed by the issuing agency and shall address all agency comments and
required revisions prior to Project bidding.
2.1.5 The Professional Consultant shall furnish structural, mechanical, chemical, air and water pollution
tests, tests for hazardous materials 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. The Professional Consultant shall
provide City with such costs of the required testing services and coordination efforts prior to said
performance.
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 Phase. The Professional Consultant
and the Owner shall develop and approve a schedule for the performance of the Professional
Consultant's services. This schedule shall include a minimum of one (1) week following each
Phase and/or Submittal as outlined in Article 4 for Owner and/or governing jurisdiction review
and/or approval.
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 at its sole discretion 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.
2.2.4
Failure to adhere to the schedule will result in Owner issuing a written notice to the Professional
Consultant. After two (2) written notices have been sent to the Professional Consultant for failure
to adhere to the project schedule, beginning with the third notice, notices for failure to adhere to
the project schedule will result in the Professional Consultant being assessed liquidated damages
in the amount of a 1% reduction in the Professional Consultant's fee for each occurrence. This
payment is for liquidated damages for those expenses which the City incurred as a result of the
delay, and not a penalty. All such liquidated damages may be set off against any money that may
be due to the Professional Consultant.
2.3 Errors and
Omissions
2.3.1
The Professional Consultant is responsible for and shall pay all costs due to its negligent errors,
omissions or misconduct, including but not limited to: errors in Contract Documents, lack of
document coordination, missing or ambiguous information and failure to identify observable field
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 including redesign if
all bids are over budget. The Professional Consultant shall give immediate attention to these
revisions or corrections to prevent or minimize delay to the Project.
23.3
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
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 these consultants for the consultant's total services. The list of subconsultants for
performance of this project is listed in Attachment B.
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 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 requirements for the Project, the Project
schedule and the Project 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. All material
communications between the parties hereto shall be confirmed by the Owner in writing.
Article 4
Basic Scope of Services
4.1 General
4.1.1 The Professional Consultant's Basic Scope of Services consist of those described in Paragraphs
4.2 through 4.6 and include normal structural engineering and mechanical engineering services.
4.1.2 All drawings produced for this Project are to be prepared using Autocad Version 2007 software
and vector line graphics; no manual drafting or raster image drawings will be accepted. All
drawings shall be produced in architectural (foot and inch) units.
4.1.3 The Professional Consultant shall prepare and provide to Owner within five (5) business days after
each meeting, detailed minutes, recording attendance and a summary of all items discussed.
4.2 Not Used
4.3 Investigation / Design Development Phase
4.3.1 The Professional Consultant shall review the Project with the Owner to ascertain the Project's
general requirements and shall arrive at a mutual understanding of such requirements with the
Owner. The Professional Consultant shall provide a preliminary evaluation of the Owner's
program, schedule and construction budget. 'File Professional Consultant shall review with the
Owner alternate approaches to Project design and construction.
4.3.2
Based on discussion with the Owner, the Professional Consultant shall work with the Owner to
develop Design Development Documents in accordance with the Project budget and program. The
Design Development Documents shall develop the proposed improvements to a level of detail
such that the Owner can more fully understand the requirements of the project and so that
unresolved design issues can be addressed prior to development of construction documents. The
Design Development Documents shall consist of plans and equipment selection information
sufficient to describe the intended project design in detail. The Professional Consultant shall
prepare a detailed cost estimate describing the probable cost of construction. The Professional
Consultant shall discuss the probable construction costs with the Owner and shall inform the
Owner of any costs exceeding the Project budget. The Owner shall be given a reasonable
opportunity before proceeding to the Construction Document Phase to respond to any budget
issues and allowed to reduce or increase the scope of work to bring the projected costs within the
Project Budget at no additional cost to the Owner. The Professional Consultant shall meet with the
Owner to review the Design Development Documents, shall revise the design as required by the
Owner and shall obtain Owner approval of the Design Development Documents prior to
proceeding to the Construction Document Phase.
4.3.3
Deliverable items for this Phase shall include the following:
1. Design Development Documents
2. Itemized cost estimates
3. Two (2) review meetings (kick off, design development)
4. Minutes from all meetings
4.4 Construction
Document Phase
4.4.1
Following approval of the Design Development Documents and completion of the Design
Development Phase the Professional Consultant shall work with the Owner to develop
Construction Documents. Construction Documents shall consist of drawings, technical,
contracting and bidding specifications and cost estimates. The Professional Consultant shall meet
with the Owner to review the Construction Documents at various stages of document development
to discuss and refine the Project. The Professional Consultant shall provide written disposition to
all Owner review comments.
4.4.2
At or before the 100% Submittal, the Professional Consultant shall submit the Construction
Documents to the City of Evanston's Community Development Department for the purpose of
obtaining a building permit. The Professional Consultant shall make all corrections required by the
Building Official prior to the solicitation of bids.
4.4.3
The Professional Consultant shall advise the Owner of any cost estimate adjustments indicated by
changes in Project requirements or general market conditions. The Owner shall be given a
reasonable opportunity to respond to any budget issues and allowed to reduce or increase the
scope of work, using alternate bid items or otherwise, to bring the projected costs within the
Project Budget at no additional cost.
4.4.4
Deliverable items for this Phase shall include the following:
I. 50% Construction Document Submittal: 8 bound sets of Construction Documents (1 ] x17 or
2204), outline Technical Specifications and Itemized Cost Estimate
2. 100% Construction Document Submittal: 8 bound sets of Construction Documents (1 I x17 or
2204), 8 spiral bound sets of Technical, Contracting and Bidding Specifications, Itemized
Cost Estimate, 50% Owner mark-ups and written disposition of Owner 50% comments
3. Submission of Contract Documents to Community Development Department (as required).
4. Two (2) review meetings
5. Minutes from all meetings
4.5 Bidding
and Negotiations Phase
4.5.1
Following the Owner's review and approval of the 100% Submittal and the completion of the
Construction Document Phase, the Professional Consultant shall prepare Construction Documents
for Bidding, consisting of drawings, technical and bidding specifications and a final cost estimate.
4.5.2
The Professional Consultant shall assist the Owner in Bid preparation, assist plan holders with any
questions and/or problems encountered during the Bid period, prepare addenda to bidding
documents as required and attend pre -bid meeting(s) to further assist plan holders with questions
or problems associated with the Project.
4.5.3
The Professional Consultant shall obtain copies of all itemized bid forms, review all bids, contact
bidder references and submit written recommendations to the Owner for contract award.
4.5.4
Deliverable items for this Phase shall include the following:
1. Bid Set Submittal: 40 bound sets of Construction Documents (2204), 40 spiral bound sets of
Technical, Contracting and Bidding Specifications, Final Itemized Cost Estimate, 100%
Owner mark-ups and written disposition of Owner 100% comments
2. Addendum preparation and plan holder assistance (as required)
3. Attendance and minutes from pre -bid meeting
4. Bid analysis, written contractor reference review and written recommendation for contract
award
4.6 Construction
Administration Phase
4.6.1
Following contract award for Project construction, the Professional Consultant shall provide the
following Pre -Construction Services:
1. Prepare and distribute Construction Documents to the General Contractor(s) and Owner.
These documents shall include all bidding documents and shall incorporate any subsequent
addenda and/or alternate bid item selections occurring during the Bidding and Negotiations
Phase.
2. Prepare and submit to the Owner a compact disc containing electronic files of all drawings
and specifications created for the Project.
3. Coordinate and attend pre -construction activities and meeting(s) with the General Contractor,
major suppliers and subcontractors.
4.6.2 During Project construction, the Professional Consultant shall provide the following Construction
Observation Services:
1. The Professional Consultant shall visit the site an average of one (2) times per month to
become familiar with the progress and quality of the Work completed and to determine if the
Work is being performed in accordance with the Contract Documents. On the basis of on -site
observations, the Professional Consultant shall keep the Owner informed of the progress and
quality of the Work and shall guard the Owner against defects and deficiencies in the Work.
The Professional Consultant shall prepare Field Observation Reports for all site visits and
shall distribute these reports to the Owner within five (5) business days.
2. The Professional Consultant shall conduct bi-weekly construction meetings with the Owner,
General Contractor, major suppliers and subcontractors to review construction progress and
resolve issues. The Professional Consultant shall prepare meeting minutes for all construction
meetings and shall distribute these minutes to the Owner and General Contractor within five
(5) business days.
4.6.3 During Project construction, the Professional Consultant shall provide the following Construction
Administration Services:
I. The Professional Consultant shall review and approve or take other appropriate action upon
Contractor submittals such as Shop Drawings, Product Data and Samples for the purpose of
checking for conformance with the Construction Documents within five (5) business days of
receipt.
2. The Professional Consultant shall review Contractor Requests for Payment and other related
documents, including tracking of trailing lien waivers and certified payroll, prior to approving
each Application for Payment. Based on the Professional Consultant's observations and
evaluations of the Contractor's Applications for Payment, the Professional Consultant shall
certify the amounts due the Contractor. The Professional Consultant's certification for
payment shall constitute a representation to the Owner that the Work has progressed to the
point indicated and is in accordance with the Construction Documents. Certifications for
Payment must be received by the Owner in accordance with the Owner's payment schedule.
The Professional Consultant shall ensure that this occurs by coordinating billing efforts with
the Owner and Contractor.
3. The Professional Consultant shall prepare Project Bulletins, review Contractor Proposals, and
review and respond to Contractor Requests for Information as required throughout the course
of construction. The Professional Consultant shall prepare Construction Clarifications and/or
Change Orders with supporting documentation, drawings, instructions and data if deemed
necessary by the Owner. These documents shall be prepared for the Owner's approval and
execution in accordance with the Construction Documents.
4. With the Owner's approval, the Professional Consultant shall have the authority to: reject
Work not conforming to the Construction Documents, require additional inspection or testing
of the Work in accordance with the provisions of the Construction Documents, whether or not
such Work is fabricated, installed or completed, and authorize minor changes in the Work not
involving an adjustment in the Contract Sum or an extension of the Contract Time.
4.6.4 During closeout of Project construction, the Professional Consultant shall provide the following
Construction Administration Services:
1. The Professional Consultant shall conduct inspections to determine Substantial and Final
Project completion. Upon notification by the Contractor of Project completion, the
Professional Consultant shall conduct punch list inspection(s) and prepare and distribute
Project punch list(s) to the Contractor and Owner. The Professional Consultant shall receive
and forward to the Owner, for the Owner's review and records, written warranties and related
documents required by the Construction Documents as assembled by the Contractor and shall
issue a final Certificate for Payment upon compliance with the requirements of the
Construction Documents,
2. The Professional Consultant shall conduct an evaluation of the Contractor in accordance with
the requirements of the Construction Documents.
4.6.5 Deliverable items for this Phase shall include the following:
I. Hardeopy Construction Documents (2204) (as required)
2. Electronic Construction Documents (compact disc format, AutoCAD 2007 and PDF for
drawings, Word or Excel for specifications)
3. Pre -construction meeting(s)
4. Construction observation visits (average of 2 per month) and written Field Observation
Reports
5. Construction meetings (weekly) and written Meeting Minutes
6. Review and approval of shop drawings, product data and samples (as required)
7. Record copies of approved shop drawings (electronic PDF format)
S. Application for payment certification (as required)
9. Review, preparation and distribution of Bulletins, Contractor Proposals, Construction
Clarifications and Change Orders (as required)
10. Substantial and Final completion review and certificates and Project punch list(s)
preparation and distribution
11. Contractor evaluation
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 This Agreement has been negotiated and entered into by each party with the advice of independent
counsel and should not be construed against one party or the other based on which party drafted
any portion of the Contract.
5.1.4 Professional Consultant hereby waives and forfeits all claims that any work, services or other
activities were performed pursuant to an oral contract or other oral agreement separate from this
contract.
5.1.5 In addition to all of the remedies available, the Owner, in any arbitration or litigation pertaining to
this Agreement, shall have the right to collect its reasonable attorney's fees and other costs related
to such arbitration or determined by thejudge or arbitrator.
5.1.6 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.
5.1.7
Whenever possible, each provision of this Agreement shall be interpreted in a manner as to be
effective and valid under applicable law. If, however, any provision of this Agreement, or portion
thereof, is prohibited by law or found invalid under any law, only such provision or portion
thereof shall be ineffective, without in any manner invalidating or affecting the remaining
provisions of this Agreement or valid portions of such provisions, which are hereby deemed
severable.
5.1.8
Professional Consultant shall comply with the law and the provisions of the "Prevailing Wage
Act" (820 ILCS 130/1, et. seq.) which provided that "a wage of no less than general prevailing
hourly rate as paid for work of a similar character in the locality in which the work is performed,
shall be paid to all laborers, workers and mechanics employed by or on behalf of any and all
public bodies engaged in public works."
5.1.9
The Professional Consultant certifies it has not been barred from being awarded a contract with a
unit of State or local Government as a result of violation of Section 33E-3 or Section 33E of the
Criminal Code of 1961 (bid rigging or bid rotating).
5.1.10
The Professional Consultant certifies, pursuant to the Illinois Human Rights Act (775 ILCS 5/2-
105 et. seq.), that it has written sexual harassment policy that includes, at a minimum, the
following information: (1) the illegality of sexual harassment, (2) the definition of sexual
harassment under State law, (3) a description of sexual harassment utilizing examples, (4) The
Professional Consultant's internal complaint process including penalties, (5) legal recourse,
investigation and complaint process available through the Illinois Department of Human Rights
and the Human Rights Commission and directions on how to contact both; and (6) protection
against retaliation as provided to the Department of Human Rights upon request.
5.1,11
The Professional Consultant shall abide by the "Illinois Preference Act" which stipulates that
whenever there is a period of excessive unemployment in Illinois, defined as any month
immediately following two (2) consecutive months during which the level of unemployment in
Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its
monthly publication of employment and unemployment figures, the Professional Consultant shall
employ only Illinois laborers unless otherwise exempted as so stated in the Act ("Illinois laborer"
means any person who has resided in Illinois for least 30 days and intends to become or remain an
Illinois resident). Other laborers may be used if Illinois laborers are not available or are incapable
of performing the particular type of work involved if so certified by the Professional Consultant
and approved by the Owner's designated representative.
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 or reasonably inferable therein, the Professional Consultant
must notify the Owner in writing if it is the Professional Consultant's opinion that extra
compensation or additional time allowance is warranted.
5.2.2
The Professional Consultants 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 B.
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 if the Owner determines they are warranted.
5.2.4
Reasons for revising the Professional Consultant's fee may include, but are not limited to the
following examples:
l . Making revisions to Drawings, specifications or other documents when such revisions are
required by the enactment or revision of codes, laws or regulations subsequent to the
contract award of such documents.
2. Owner changes to the Project, which result in a significant change in the scope, character
or complexity of the Work.
3. A significant Change Order resulting from unknown existing conditions which the
Professional Consultant could not reasonably have foreseen and which requires extensive
preparation of drawings, specifications and other documents.
5.2.5
Alternate items within the original Scope of Work shall not be considered additional services.
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
Projector 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 or its officers, agents, and employees or any subconsultant's officers,
agents, or employees 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 or its officers, agents, and employees or any subconsultant's
officers, agents, or employees arising out of, or in connection with the performance and
completion of this Agreement.
5.3.5
Professional Consultant shall be and act as an independent contractor and not as a partner, joint
venturer or agent of the Owner and shall not bind nor attempt to bind Owner to any contract.
Professional Consultant is an independent contractor and is solely responsible for all taxes,
withholdings, and other statutory or contractual obligations of any sort, including, but not limited
to, Worker's Compensation Insurance; and Professional Consultant agrees to defend, indemnify
and hold the Owner harmless from any and all claims, damages, liability, attorney's fees and
expenses on account of (i) an alleged failure by Professional Consultant to satisfy any such
obligations or any other obligation (under this Agreement or otherwise) or (ii) any other action or
inaction of Professional Consultant.
5.4 Indemnity
5.4.1
Professional Consultant must defend, indemnify, keep and hold harmless the City of Evanston, its
officers, representatives, elected and appointed officials, agents and employees from and against
any and all Losses, including those related to:
1. injury, death or damage of or to any person or property;
2. any infringement or violation of any property right (including patent, trademark or
copyright);
3. failure to pay or perform or cause to be paid or performed Professional Consultants
covenants and obligations as and when required under this Contract or otherwise to pay
or perform its obligations to any subcontractor;
4. the City's exercise of its rights and remedies under this Contract; and
5. injuries to or death of any employee of Professional Consultant or any sub -consultant
under any workers compensation statute.
5.4.2
"Losses" means, individually and collectively, liabilities of every kind, including losses, damages
and reasonable costs, payments and expenses (such as, but not limited to, court costs and
reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings,
judgments or settlements, any or all of which in any way arise out of or relate to the acts or
omissions of Professional Consultant, its employees, agents and sub -consultants, except those
which arise or which alleged to have arisen from the negligence of the City, its officers,
employees, agents or subcontractors.
5.4.3
At the City Attorney's option, Professional Consultant must defend all suits brought upon all such
Losses and must pay all costs and expenses incidental to them, but the City has the right, at its
option, to participate, at its own cost, in the defense of any suit, without relieving Professional
Consultant of any of its obligations under this Contract. Any settlement must be made only with
the prior written consent of the City Attorney, if the settlement requires any action on the part of
the City.
5.4.4
To the extent permissible by law, Professional Consultant waives any limits to the amount of its
obligations to indemnify, defend or contribute to any sums due under any Losses, including any
claim by any employee of Professional Consultant that may be subject to the Workers
Compensation Act, 820 ILCS 305/1 et seq or any other related law or judicial decision (such as,
Kotecki v Cyclops Welding Corporation, 146 111. 2d 155 (1991)). The City, however, does not
waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the
Illinois Pension Code or any other statute.
5AJ
The indemnities in this section survive expiration or termination of this Contract for matters
occurring or arising during the term of this Contract or as the result of or during the Professional
Consultants performance of Services beyond the tern. Professional Consultant acknowledges that
the requirements set forth in this section to indemnify, keep and save harmless and defend the City
are apart from and not limited by the Professional Consultant's duties under this Contract,
including the insurance requirements set forth in the Contract.
5.5 Insurance
Requirements
5.5.1
Professional Consultant shall carry and maintain at its own cost, with such companies as are
acceptable to Owner, all necessary liability insurance (which shall include as a minimum the
requirements set forth below) during the tern of this Agreement, for damages caused or
contributed to by Professional Consultant, and insuring Professional Consultant against claims
which may arise out of or result from Professional Consultant's performance or failure to perform
the Services hereunder:
I. Worker's compensation in statutory limits and employer's liability insurance in tine
amount of at least $500,000
2. Comprehensive general liability coverage, and designating 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
Professional Consultant shall provide Owner with certificates of insurance and, if requested by
Owner, certified copies of the policies of insurance evidencing the coverage and amounts set forth
in this Section. 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 Owner.
5.6 Ownership of Contract Documents
5.6.1
Upon completion or termination of this Agreement, all Drawings, Specifications and other
Contract Documents, including a compact disc of all digital Contract Documents such as
computer -aided design plans/details, word processing specifications and cost estimates 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 2007. Final payment is contingent upon the delivery of these items. These
Contract Documents 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
Professional Consultant is specifically denied the right of using in any form or medium, the name
of the Owner for public advertisement, unless expressly granted by written permission of the
Owner.
5.6.3
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 including any claim
for lost profits or opportunities.
5.7.2
In the event of termination of the Project, the Professional Consultant shall be compensated for
services performed prior to termination on a prorated basis. The Professional Consultant shall
submit work completed and receive written approval from the Owner for the portion of Work
completed prior to receiving payment. The value of the services rendered and delivered will be
determined by the Owner.
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 a prorated
basis. The Owner shall have no further liability whatsoever to Professional Consultant after
suspension of Professional Consultant's services including, but not limited to, any and all claims
for lost profits or opportunities. The Professional Consultant must submit work completed and
receive written approval from the Owner for the portion of Work completed prior to receiving
payment. The value of the services rendered and delivered will be determined by the Owner.
5.7A
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. Professional Consultant shall not suspend services in the event of a good faith dispute
between Professional Consultant and the Owner.
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 $325,000.
6.1.2
The Project Budget includes the total estimated cost of all constructed elements of the Project
designed or specified.
6.1.3
The Project Budget does not include compensation to the Professional Consultant, the costs of the
land, rights -of -way, construction contingency or Project financing.
6.1.4
The Owner reserves the right to include alternate bid items identified within the Basic Scope of
Services to adjust the estimated construction costs at no additional cost to the Owner.
6.2 Estimating
and Bidding Procedures
6.2.1
If the Bidding Phase has not commenced within 90 days after the Professional Consultant submits
the Bidding Documents to the Owner, any cost estimates shall be adjusted to reflect changes in the
general level of prices in the construction industry.
6.2.2
If the Project Budget is exceeded by the lowest bona Fide bid the Owner shall do one of the
following:
1. Give written approval of an increase in the Project Budget,
2. Authorize re -bidding of the Project within a reasonable time.
3. Abandon the Project in accordance with Section 5.7.
4. Revise the Project Scope and quality as required to reduce the construction cost.
6.2.3
If the Professional Consultant's estimated Construction costs are within the Project Budget, the
lowest responsive and responsible bid exceeds the Project Budget and the Owner chooses to re -bid
the project as outlined under Clause 6.2.2.2 above the Professional Consultant shall modify the
Contract Documents as necessary to comply with the Project's re -bidding requirements for no
additional compensation, within the timeframe given by the Owner in writing after the bids are
received. If the Professional Consultant's estimated Construction costs are within the Project
Budget, the lowest responsive and responsible bid exceeds the Project Budget and the Owner
chooses to proceed with Scope revisions as outlined under Clause 6.2.2.4 above the Professional
Consultant shall modify the Contract Documents as necessary to comply with the Project Budget
for no additional compensation, within the timeframe given by the Owner in writing after the bids
are received.
Article 7
Compensation
7.1 Basic Services
7.1_1
Payments for Basic Services shall be made on the not to exceed fixed fee of $18,245.00 as
outlined in the project fee schedule provided in Attachment B and will be billed against a per
phase and per consultant and/or subeonsultant basis. Such payment shall be full compensation for
Professional Consultant services rendered with the exception of items as noted in Paragraph 7.2.
7.1.2
Attachment B represents the Professional Consultant's best estimate for the fees required to
complete the Project. The Professional Consultant will not receive additional compensation to
complete the Basic Services for this project as outlined in Article 4 unless Additional Services not
included in the Project's Basic Services are required and authorized by the Owner in writing in
advance.
7.1.3
Professional Consultant payments shall be made on a monthly (progress payment) schedule.
7.1.4
The Owner has the equitable right to set off against any sum due and payable to the Professional
Consultant under this Agreement, any amount the Owner determines the Professional Consultant
owes the Owner, whether arising under this Agreement or under any other Agreement or
otherwise.
7.1.5
Compensation in excess of the total Agreement amount will not be allowed unless justified in the
Owner's sole judgement and authorized in advance by an approved written Agreement
amendment.
7.1.6
Compensation for improper performance by the Professional Consultant will not be allowed.
7.2 Reimbursable
Expenses
7.2.1
Reimbursable expenses, that are in addition to compensation for Basic services, shall be made on
the not -to -exceed fixed fee of $320.00 and include the following items: cost of deliverable
reproductions, postage and handling of Contract Documents for each Phase and/or Submittal as
outlined in Article 4 and cost of transportation at a rate of $0.51 per mile.
7 2.2
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, equipment, scans, copying, printing and other reproductions
necessary for the Professional Consultant's development of documents for the project, overtime,
telephone and fax charges, computer use, computer time, computer disks, computer CDs and in-
house scale model(s) and/or rendering(s).
7.2.3
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 assigned City of Evanston Project Manager, shall be submitted
in spreadsheet format and shall include the following information:
I. Project name and purchase order number.
2. Amount submitted for payment broken down by Phase and/or Submittal and Professional
Consultant and/or Subconsultant.
3. Total contract amount.
4. Balance remaining.
5. Percentage of Phase and overall Project complete to date.
6. Itemized reimbursable expenses (with appropriate back-up data).
7.3.2
Payment will be made in accordance with all local ordinances and regulations of the City of
Evanston and in accordance with the Illinois Prompt Payment Act.
Memorandum
To: Wally Bobkiewicz, City Manager
Douglas J. Gaynor, Director, Parks, Recreation and Community Services
From: Stefanie Levine, Assistant Superintendent Parks, Forestry & Facilities
John Devaney, Facilities Management Supervisor
Subject: Selection of Mechanical Engineering Firm for Fire Stations 1 and 2 HVAC
Upgrades
Date: November21, 2011
Recommended Action:
Staff recommends approval of a mechanical engineering contract with Wall Engineering
located at 2736 Lincolnwood Drive, Evanston, IL 60201-1229 in the amount of
$18,565.00 for engineering services related to the HVAC upgrades at Fire Stations 1
and 2.
Fundinq Source:
CIP Account No. 415822: $20,000
CIP Account No. 415823: $20,000
Total $40 000
Backqround:
In the 2011 CIP budget monies have been allocated for mechanical engineering of
HVAC upgrades at fire stations 1 and 2. This project will upgrade critical HVAC
systems located in these two firehouses ensuring safe and uninterrupted operation of
these emergency facilities. At Fire Station 1, three existing forced air heating and
cooling systems will be replaced with a full control upgrade. At Fire Station 2, the two
existing hot water heating boilers and domestic hot water tank will be replaced with ultra
high efficiency units. Additionally, the existing severely damaged masonry chimney will
be removed down to the roof height. With engineering in hand, and the pending
approval of the 2012 GIP budget, staff can move forward with the construction phase of
the project in 2012. Pending construction funding, the project will be bid in early 2012;
construction will commence in spring 2012 in order to minimize the impact of
construction related heating and cooling disruptions.
Summarv:
On September 29, 2011 the Purchasing Division issued a Request for Proposal (RFP)
to hire a professional consultant to provide engineering solutions for this project. A total
of five proposals were received on October 27, 2011 as follows:
Consultant Address
Wall Engineering 2736 Lincolnwood Drive, Evanston, IL. 60201
ProLink Engineering 600 Enterprise Drive, Suite 220, Oakbrook, IL 60523
Klaucens & Associates 3239 Arnold Lane, Northbrook, II 60062
Kaltsouni Mehdi, Inc. 407 S. Dearborn St, Suite 200, Chicago, IL 60605
Aires Consulting Group,
Inc. 1550 Hubbard Ave. Batavia, IL 60510
A committee was developed to review and evaluate the proposals consisting of the
following members: Jewell Jackson/Purchasing, Paul D'Agostino/PRCS, Stefanie
Levine/PRCS, John Devaney/PRCS and Lonnie Jeschke/Public Works. Each
committee member individually reviewed the proposals based on evaluation criteria
outlined in the project's Request for Proposal as stated below:
1. Qualifications and Expertise (20%): Qualifications and experience of
consultants/personnel assigned to contract, number of similar projects completed
under which services similar in scope, size or discipline to the required services
were performed or undertaken, and the manner in which they were completed.
2. Project Understanding (20%): Consultant's narrative understanding of project
goals and requirements.
3. Costs for Services (30%): Proposed fees as outlined in the projects' fee proposal.
4. Contract Agreement (10%): Willingness to execute a written agreement.
5. Schedule (10%): ability of the consultant to meet or exceed the stated schedule
requirements.
6. Proposed involvement of M/W/EBEs (10%): proposed utilization of M/W/EBEs in
completing a portion of the services required.
Following individual review of the proposals, the committee met to discuss their findings.
After discussion, the committee recommends that Wall Engineering be awarded this
work based on their previous experience with City of Evanston projects, knowledge of
the specific project assignment and competitive pricing. Committee scoring for the
candidate firms is below:
Fee
Qualifications
& Expertise Understanding
Project
Cost
Contract
Schedule
Proposed
Total
Consultant
Proposal
p
p
(30)
Agreement
(10)
M/W/EBE
(100)
(20)
(20)
(10)
(10)
Wall
$18,5651
16
17
30
10
9
10
92
Prolink
$24,9901
12
8
23
3
3
6
55
Klaucens
$27,950i
18
18
21
8
8
2
i 75
Kaltsouni
$28,080,
,
18
18
20
8
9
10
83
Aires
$33,332
14
15
17
10
8
1,,,
65
The RFP procedure allows staff to evaluate prospective consultants based on their
perceived competence and expertise relative to the proposed project, the innovative
nature of their work, their past record in performing similar work and their ability to work
with staff.
Based on the scoring results the review committee recommends award of the subject
project to Wall Engineering at a total cost of $18,565.00. Of all RFP respondents, the
committee felt that Wall Engineering demonstrated the highest degree of overall
expertise relative to this project and would provide the required services at the best
overall value to the City. Copies of Wall Engineering's fee proposal and the project
contract are attached for your reference. Wall Engineering is an Evanston Based
Business (EBE).
A breakdown of proposed funding for this project is as follows_:
Item
CIP Funding (#415822)
CIP Funding (#415823)
Expenses / encumbrances to date
Recommended Award
Remaining Balance
Amount
$20,000
$20,000
-$627
-$18,565
Pending contingencies the remaining balance of funds noted above will be utilized for
project construction. The consultant's tentative schedule is to develop construction
documents over the winter, bid the project for construction in early 2012 and provide
construction administration in spring 2012.
//h - ; . �1� yal � Date: 111211V
DepartmeM Dir tor' Approval
V " Date: I
City Mana�Mproval
Attachments:
Wall Engineering Fee Proposal
Contract Agreement
Fire Station #1 and #2 Mechanical Systems Improvement Project
Request for Proposal Numb 12 11 Attachment C - Fee Proposal
Projected
Phase Consultant Classification Firm Name Firm Discipline Hours Average Hourly Rate Not to Exceed Limit
Pdme Consultant Wall Engineering Engineering 40 $102.50 1 $4100.00
-------------
Sub-consultant 1
Phase 1 Subtotal-.. _ 1 $4100.00 1
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..--'-------'---------------....... ......—_._......i, -----......_._..—'--'-'---'-
PdmeConsultant Wa11 .Engineering Engineering 60 5102.50 _ 1 $6150.00 1
Sub -consultant 1 1
-Phase 2 Subtotal_.--.--- 1 $6150.00 1
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--------------------- ----'----'------'- -----------------..,—
PrimeConsultant Wall Engi veering _Engi veering 16 $102.50 1 $1690.00
Sub-consuf[an[1 ---------- -----���--��-�--� I (
Phase3Subtotal _ _ $1640.00
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Prime Consultant
Wall Engineering Engineering_
62 __ _ _S_1.02_.5_0_
� � ����� � � �
$6355.00
Sub -consultant 1
�� _
Phase4Subtotal --
$6835.00
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Prime Consultant
Wall Engineering Engineering
156_ 5102_50___ 1
$18245.00
Sub -consultant 1
__ —
1
Phase 1 - 4 Subtotal
Reimbursable Expenses
Grand Total
I $18245-00
I $320.00
1 $18565.00 1
Compensation for all Basic Services provided by the Professional Consultant shall be a not to exceed fixed fee. Any changes to this fee shall be
in accordance with the Agreement.
1� C� W E E N M Gu