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05-31 Resolution No. 05-31 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROBERT H. ANDERSON&ASSOCIATES FOR U.S. ROUTE 20/LAMBERT LANE INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, Acting City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Robert H. Anderson&Associates for U.S.Route 20/Lambert Lane Intersection Improvement Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 9, 2005 Adopted: February 9, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 4 AGREEMENT THIS AGREEMENT, made and entered into this__'day of , 200.1r,-by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and ROBERT H. ANDERSON & ASSOCIATES, INC. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the US Route 20 at Lambert Lane Intersection Improvement (hereinafter referred to as the "PROJECT"). AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms conditions and stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. Outline of the services to be provided by the Engineer: I. Liaison and Contract Control 2. On-Site Review of Work S T 3. Consider and Evaluate Contractor Suggestions and Requests 4. Shop Drawing Review 5. Construction Schedule 6. Conduct Job Meetings 7. Perform Contract Administration and Maintain Records 8. Furnish Progress Reports 9. Review Contractor Pay Requests 10. Evaluate Change Orders 11. Government Policies 12. Prepare Record Drawings 13. Perform Final Completion Tasks C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided as follows: Notice to Proceed to Engineer February 1, 2005 Contract Award to Successful Bidder February 15, 2005 Construction Starts March 1, 2005 Construction is Substantially Completed July 1, 2005 Construction is Finally Completed July 29, 2005 B. A detailed project schedule for the Project will be prepared by the Contractor. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues along with copies of Engineers Weekly Reports (IDOT Form BC 239). 2 III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be reimbursed at the rate of 2.85 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $127,191.20 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work or construction schedule are authorized in writing by the CITY. B. For outside services provided by other firms or sub-consultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0.00% . Any such fees are included in the above referred amount of $127,191.20. C. For reimbursable project related expenses, the CITY shall pay the ENGINEER as follows: Mylar Reproducible Record Drawings $3.25 per sheet D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above) will be included with all payment requests. 3 B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given notice to proceed from the CITY and, unless terminated for cause or pursuant to Article V, shall be deemed to have been completed on the date the CITY determines all work contemplated by this agreement has been completed by the ENGINEER. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 4 IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen(15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against claims, suits,judgments, costs, attorney's fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. The provisions of this paragraph shall survive any completion,termination and/or expiration of this Agreement. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR, except for non-payment which shall be ten (10) days. 5 This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 6 No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof 7 XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; 8 E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Douglas P. Breunlin, P.E. Vice President Robert H. Anderson &Associates, Inc. 220 West River Drive St. Charles, Illinois 60174 9 • IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN Dated this day of , A.D., 2004 By: By: 61,,Uip._ _ City Clerk City anag: (SEAL) For the ENGINEER: ATTEST: ROBERT H ANDERSON& ASSOCIATES, INC. Dated this 23 day of t C.Ver r , A.D., 2004 By: By: lit.� �, gro /,„/. Secretary President (SEAL) 10 ATTACHMENT A CONSTRUCTION SERVICES 1. Liaison and Contract Control Act as the CITY's representative with duties,responsibilities and limitations of authority as assigned in the Construction Contract Documents, and advise and confer with CITY officials during construction and issue the CITY's authorized instructions to the Contractor. Assist the Contractor in understanding the intent of the construction contract Documents. Serve as the CITY's liaison with other local agencies such as utility companies, businesses, CITY's on-site representative, etc. 2. On-Site Review of Work Conduct continuous and full-time on-site observations of the work in progress to determine that the PROJECT is proceeding in accordance with the Construction Contract Documents and that completed work will conform to the requirements of the Construction Contract Documents. Instruct Contractor to correct any work determined to be: unsatisfactory; faulty; or defective; not conforming to the requirements of the Construction Contract Documents; not meeting the requirements of any required inspections, tests or approvals required to be performed and then reported to the CITY and to also advise CITY of action taken and/or if any special testing inspection will be required. Verify that tests are conducted as required by the Construction Contract Documents and in the presence of the required personnel, and that Contractors maintain and submit adequate records thereof; observe, record, and report to the CITY appropriate details relative to the test procedures. Perform or cause to have performed, as applicable, all required field tests such as concrete tests, soil compaction tests and ensure such tests are made as specified. Analyze the results of all field and laboratory tests to determine the suitability compliance with the requirements of the Construction Contract Documents. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the CITY. Stake-out baseline control points and assist the Contractor with interpretation of the Drawings and Specifications. Construction layout staking will be provided by the contractor. Prepare and submit detailed daily reports of construction progress. Page 2 3. Contractor Suggestions and Requests Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the Contractor and make recommendations to the CITY with any time or cost implications for final decision. 4. Shop Drawings Develop shop drawing submittal requirements and assist Contractor in development of submittal schedules. Review and monitor compliance with submittal schedules. Review and approve shop drawings and samples, the results of tests and inspections and other data which any Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Construction Contract Documents. Such review shall not be construed as relieving the Contractor of the responsibility to meet requirements of the Construction Contract Documents. Determine the acceptability of substitute materials and equipment proposed by the Contractor; and receive and review(for general content as required by the specifications) maintenance and operating instructions, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor(s) in accordance with the Construction Contract Documents. Record and maintain a shop drawing submittal and approval log and notify the Contractor whenever submittals are lacking or untimely. 5. Schedules Direct the contractor to prepare a final Primavera type construction schedule and review it with the Contractor. A schedule of shop drawing submissions, and schedule of values shall also be prepared by the Contractor and approved by the engineer. Work with the Contractor to maintain a workable updated Primavera type construction schedule that is maintained and monitored weekly as construction progresses as required by the Construction Contract Documents. Report progress and schedule deviations and corrective measures proposed by the Contractor to the City. 6. Job Meetings Conduct weekly progress meetings with all parties as required by the Construction Contract Documents to review construction progress, design interpretations and overall progress. Prepare, maintain, and circulate copies of minutes thereof. Arrange a schedule of on-site job work meetings with the General Contractor and Subcontractors to review day-to-day requirements and problems. Prepare, maintain, and circulate copies of minutes thereof. Page 3 7. Contract Administration and Records Handle all day-to-day Contract Administration and associated correspondence. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings, and samples submissions, reproductions of original Construction Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Construction Contract Documents, progress reports, and other project related documents. 8. Reports Furnish written reports to the CITY on a biweekly basis of progress of the work and the Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 9. Contractor Pay Requests Review the Contractor's requests for payments as construction work progresses, and advise the CITY of the amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. 10. Change Orders Perform evaluation of proposed Construction Contract Change Orders and submit recommendation for approval or denial to the CITY. Prepare Construction Contract Change Orders when authorized by the CITY. 11. Government Policies Review the Contractor's compliance with governmental mandated programs. Compliance with OSHA requirements and general safety provisions will be reviewed by an independent safety officer retained by the Contractor as part of the construction work. The safety officer will visit the job site periodically and will submit written reports to the CITY, Contractor, and ENGINEER. 12. Record Drawings Prepare record drawings which show field measured dimensions of the completed construction work which the ENGINEERS consider significant and provide the CITY with one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety (90) days of the PROJECT completion. Page 4 13. Final Completion Conduct a final inspection of the PROJECT with the CITY and the Contractor, and prepare and give to the Contractor a final punch list. Issue an opinion of satisfactory completion for acceptance of the PROJECT by the CITY to Process the Contractor's final request for payment. PHASE III AGREEMENT FOR SUBCONSULTANT SERVICES This is an Agreement between Robert H. Anderson &Associates, Inc, hereinafter referred to as the CONSULTANT, and S.T.A.T.E. Testing,L.L.C., hereinafter referred to as the SUBCONSULTANT. The CONSULTANT proposes to engage the SUBCONSULTANT to furnish certain professional services in connection with IL ROUTE 20 AND LAMBERT LN, which work is hereinafter referred to as the Project. The CONSULTANT has authority under their Agreement with the City of Elgin to engage such services, and the SUBCONSULTANT represents that they are in compliance with Illinois Statutes relating to professional registration of individuals and to corporate practice, if a corporation, for rendering such services. The SUBCONSULTANT, in signing this Agreement, certifies that they have no financial or other interests in the outcome of this project. The CONSULTANT and the SUBCONSULTANT hereby certify that there was compliance with the provisions of the Architectural, Engineering and Land Surveying Qualifications Based Selection Act (Chapter 30 ILCS 535) in the procurement of the services covered by this AGREEMENT. Under penalties of perjury, the SUBCONSULTANT certifies that is their correct Social Security Number and is doing business as an individual or sole proprietorship. Under penalties of perjury, the SUBCONSULTANT certifies that 36-4312824 is their correct Federal Taxpayer Identification Number and is doing business as a Limited Liability Corporation. This Agreement executed this day of , 20 This Agreement becomes null if the agreement between the CONSULTANT and the CITY OF ELGIN is not authorized. CONSULTANT SUBCONSULTANT- ) By: By: /z Title Title Vie E 2e5r Dryl SECTION 1 -GENERAL PROVISIONS The CONSULTANT's agreement with the City of Elgin is dated , 2005. This agreement will be considered executed on this date. Incorporation by Reference. The City of Elgin's Standard Agreement Provisions for Consultant Services. Certifications Required by State and/or Federal Law. The SUBCONSULTANT certifies that they have read the certifications and assurances described in the CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES and certifies that their signature on the Agreement signature sheet constitutes an endorsement and execution of each certification and assurance as though each was individually signed. Delinquent Payment. The CONSULTANT certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50-11 prohibits a person from entering into a contract with a State agency if it knows or should know that it, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50-12 prohibits a person from entering into a contract with the State agency if it, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The CONSULTANT further acknowledges that the contracting State agency may declare the contract void if this certification is false or if the CONSULTANT or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. Felony Convictions The CONSULTANT certifies in accordance with 30 ILCS 500/50- 10.5 that no officer, director, partner or other managerial agent of the contracting business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or of a Class 3 or Class 2 felony under the Illinois Security Law of 1953 for a period of five years prior to the date of the AGREEMENT. The CONSULTANT acknowledges that the CITY OF ELGIN shall declare the contract void if this certification is false. Environmental Protection Act The CONSULTANT certifies in accordance with 30ILCS 500/50-12 that the CONSULTANT is not barred from being awarded a contract under this Section. The CONSULTANT acknowledges that the CITY OF ELGIN may declare the contract void if this certification is false. Direct Labor. The City of Elgin reserves the right to reduce the labor rate when ordinary and customary fringe benefits are included in the direct labor costs. Direct labor costs will also be subject to recalculation if the labor rate or total hours are found to be inaccurate at the time of audit. Key Personnel. The SUBCONSULTANT'S personnel identified in the CONSULTANT'S Statement of Interest are considered essential to the completion of the project. For purposes of administering Section 2.12 of the CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES, the SUBCONSULTANT'S key personnel are listed below: Jay Behnke — Principal Derek White - Project Manager 2 Gordon Reed —Laboratory Manager Key Personnel-Cont Matt Galloy— Lead Field Bituminous Technician Greg Rohlf— Lead Field Concrete Technician The SUBCONSULTANT shall invoice the prime CONSULTANT not the City of Elgin's Liaison Person as provided in Section 2.81 of said CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES. The CONSULTANT shall promptly pay the SUBCONSULTANT'S invoice upon receipt of payment from the City of Elgin. Concerning Section 2.83 of the CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES, the City of Elgin reserves the right to audit the SUBCONSULTANT'S cost records and final payment to the SUBCONSULTANT shall be adjusted if necessary. (S P 2.85(c)(2)) Add, The Written Authorization must be signed by the Project Manager. SECTION 2 - SCOPE OF WORK The SUBCONSULTANT agrees to perform, at the direction of the CONSULTANT, the services described below. Provide construction observation services, materials inspection, material plant inspection, and offset materials inspection for the PROJECT. The SUBCONSULTANT shall provide trained personnel, certified by IDOT QA/QC Programs, to support the staff of the CONSULTANT as deemed necessary. A. Provide on-site and off-site material testing and inspection with trained personnel certified by the IDOT QC/QA Program. Furnish the necessary testing equipment required for each assigned task. This would include concrete air meters and slump cones, scale, concrete yield buckets, nuclear density gauges, and any other equipment that may be required throughout the duration of the project. The cost for providing this equipment will be considered a general overhead expense and not eligible for payment under this agreement. The labor required to run and report test results in a manner satisfactory to the City of Elgin will be billable under this contract. B. Onsite test samples generated by both the SUBCONSULTANT as well as the CONSULTANT will be transported in a timely manner to the lab by the SUBCONSULTANT at the CONSULTANTS request. The cost for providing this service will be billable under this contract. C. All requisition for inspection must be called into our Dundee office by 2:00pm the previous day to guarantee inspection. If calls are received after 2:00pm, every effort will be made to provide requested services. 3 SECTION 3 - PROJECT SCHEDULE For purposes of administering Section 2.21d of the CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES, the fee was negotiated anticipating that the work would be completed by December 31, 2004, which includes review time by the City of Elgin. The SUBCONSULTANT shall commence work within 5 calendar days after date of Authority to Proceed. The work shall be completed and delivered to the City of Elgin through the CONSULTANT as set forth below or in the attached Project Schedule. SECTION 4 -COMPENSATION The SUBCONSULTANT shall receive payment for completing the work required of them in accordance with Section 2.86 of the CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES subject to the Total Agreement Amount not to exceed $18,427 as set forth in the table below: SUB CONSULTANT will be compensated on a fee basis in accordance with the schedule in Exhibit"A". The fee includes cost of overhead and profit. All rates in Exhibit"A" reflect closed shop labor. Provisional Rate. The provisional rate for fringe benefit and overhead for actual cost plus fixed fee method of payments as shown above has been used for the interim to establish the total agreement cost and is(are) the maximum rate(s) allowable for invoicing the City of Elgin. At the conclusion of the project, the actual additive rate for fringe benefit and overhead will be determined by the City of Elgin's audit if the costs were based on a or actual cost plus fixed fee method of payment. If the rate(s) differ from the provisional rate specified above, the audited rate(s)will be applied to the payroll for the work completed in that fiscal year as shown on the approved progress reports for variable lump sum or audited payroll amount in that fiscal year for actual cost plus fixed fee method of payment. Modification/Amendments. The prime compensation may be increased or decreased by subsequent agreement between the parties if there is a major change in the scope, character or complexity of the work. The prime compensation also may be adjusted under the terms of Section 2.21 of the CITY OF ELGIN'S STANDARD AGREEMENT PROVISIONS FOR CONSULTANT SERVICES, except for the fixed fee, if the work extends more than six months beyond the anticipated date of completion. The SUBCONSULTANT will be reimbursed the adjusted rates for only that part of the work remaining to be completed at the time they submit the written request. Additional Work. In the event the SUBCONSULTANT, upon written order from the PROJECT MANAGER, is required to perform additional work, the following shall be used in determining the costs. Only direct costs approved in the Prime Agreement shall be invoiced. All other expenses incurred shall be considered to be overhead costs. 4 SECTION 5 -OBLIGATIONS & PAYMENT Consultant Payments. The CONSULTANT shall pay all the monies due the SUBCONSULTANT(s) and/or vendor(s)within 30 days of receiving invoice. Payments not received in 30 days will be subject to 1% monthly interest charges. Interest shall accrue until payment is received Consultant Address. The SUBCONSULTANT will use the address listed below for all billing, invoicing and receiving payment(s)from the CONSULTANT. Robert H. Anderson &Associates Consulting Engineers & Surveyors Timbers Professional Center 220 West River Drive St. Charles, IL 60174 Attn: Douglas P. Breunlin, P.E. 6.0 INDEMNITY 6.1 SUBCONSULTANT shall defend, indemnify, and hold harmless the CONSULTANT and the CITY OF ELGIN and their agents and employees from and against any claims, suits, liabilities, costs and expenses, including reasonable attorneys' fees, to the extent that they are based upon claims of negligent acts, errors, or omissions of SUBCONSULTANT or any of its employees or agents. 6.2.1 The SUBCONSULTANT shall reimburse the CONSULTANT for all expenses, including attorney's fees, paid or otherwise incurred to successfully enforce the provisions of this Section if the SUBCONSULTANT OR SUBCONSULTANT's insurer refuses to defend, indemnify, or hold SUBCONSULTANT and OWNER harmless as provided. 6.2.2 Commercial General Liability insurance and Commercial Automobile Liability insurance policies shall be endorsed to include CONSULTANT and the CITY OF ELGIN as additional insurers, and all policies shall include a provision restricting the right of the insurer to cancel or change such coverage except upon thirty days' written notice to CONSULTANT and the CITY OF ELGIN. Certificates evidencing the coverage above shall be delivered to CONSULTANT prior to performing any services under this Agreement. 7 ASSIGNMENT 7.1 This Agreement shall insure to the benefit and be binding upon the successors and assigns of the respective parties hereto, provided, however, that neither party shall assign, in whole or in part, its interest under this Agreement without the prior written consent of the other party and specifically, SUBCONSULTANT shall not subcontract any portion of the services hereunder without such consent. 8 GOVERNING LAW 8.1 This Agreement shall be governed by the laws of the State of Illinois. 5 9 AMENDMENT 9.1 SUBCONSULTANT, without invalidating this Agreement, may order changes in the Work consisting of additions, deletions, or modifications. Any changes in the Contract Price resulting form such changes will be determined in accordance with SECTION 4 —COMPENSATION, or if not applicable, then by mutual agreement. 10 TERMINATION 10.1 This Agreement is terminated in the event the CONSULTANT'S agreement with the Owner is terminated. The CONSULTANT shall promptly notify the SUBCONSULTANT of such termination. 10.2 Either party may terminate this Agreement upon seven days' written notice in the event of substantial failure to perform by the other party. 10.3 If this Agreement is terminated for reasons other than the fault of the SUBCONSULTANT, the SUBCONSULTANT shall be compensated for all services performed and expenses incurred prior to the date of termination in accordance with the provisions of SECTION 4 — COMPENSATION. 11 ENTIRE AGREEMENT 11.1 This agreement represents the entire and integrated agreement between CONSULTANT and SUBCONSULTANT as to the Scope of Services herein and supersedes all prior negotiations, representations, or agreements, either written or oral relative to the Scope of Services described herein. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. Robert H. Anderson &Associate, Inc. By: (Title) Vice President — S.T.A.T.E. TESTING L.L •. By: (Title) Vice President 6 Exhibit A FEE AND RATE SCHEDULE FOR 2005 BITUMINOUS MATERIALS LABORATORY SERVICES* COST/EACH COMPLETE MARSHALL MIX DESIGN(4") $2900 COMPLETE MARSHALL MIX DESIGN(6") $3820 COMPLETE MARSHALL MIX DESIGN WITH $3500 GYRATORY AT"N DESIGN" COMPLETE SUPERPAVE MIX DESIGN $3685 COMPLETE ISHTA SUPERPAVE MIX DESIGN(W/Bailey Method VMA) $5500 COMPLETE SMA MIX DESIGN $4010 COMPLETE SMA ISHTA MIX DESIGN(W/Bailey Method VMA) $6100 MARSHALL DESIGN MIX VERIFICATION(ONE-POINT)4" $900 MARSHALL DESIGN MIX VERIFICATION(ONE-POINT)6" $1090 SUPERPAVE/SMA DESIGN MIX VERIFICATION(ONE-POINT) $1190 SUPERPAVE/SMA DESIGN MIX VERIFICATION(W/Bailey Method VMA)(ONE-POINT) $1780 TENSILE STRENGTH RATIO(T.S.R.)(ASTM D 4867)MARSHALL MIX DESIGN $385 TENSILE STRENGTH RATION(TSR)SUPERPAVE MIX DESIGN $600 BULK SPECIFIC GRAVITY(Gmb,or"d")GYRATORY SPECIMEN(AVG.OF 2) $255 EXTRACTION(MUFFLE OVEN)WITH WASHED GRAD.(ASTM D 6307) $170 EXTRACTION(REFLUX)WITH WASHED GRAD. $228 (ASTM D 2172,C 136) EXTRACTION(CENTRIFUGE)WITH WASHED GRAD. $205 W/MOISTURE CORR.(ASTM C-566&D-146) $252 MARSHALL-MAXIMUM SPECIFIC GRAVITY(Gmm)-one test& BULK SPECIFIC GRAVITY(Gmb)-Avg. of 2 $252 SUPERPAVE AND SMA—MAXIMUM SPECIFIC GRAVITY(Gmm)-one test& BULK SPECIFIC GRAVITY(Gmb)-Avg. of 2 $365 STABILITY AND FLOW(AVG.OF 3)(ASTM 1559,D 2726) $105 PAVEMENT ANALYSIS—SINGLE CORE(4") $36 W/SAW CUTTING(ASTM D 2726) $42 PAVEMENT ANALYSIS—SINGLE CORE(6") $48 W/SAW CUTTING(ASTM D 2726) $54 Rev. 11/4/04 1 BITUMINOUS MATERIALS LABORATORY SERVICES*cont COST/EACH SUPERPAVE AND SMA PRODUCTION MIX VERIFICATION $585 (Includes:Reflux Extraction,Gmm,Gmb) (Includes:Ignition Extractio,Gmm,Gmb) $515 MARSHALL PRODUCTION MIX VERIFICATION $468 (Includes:Extraction,Gmm,Gmb) NUCLEAR CORRELATION UP TO 4 GAUGES $355 -ADDITIONAL GAUGES(EACH) $35 -LINEAR REGRESSION OF CORES(15 CORES/$25 EACH) $535 INVESTIGATIVE CORING—(INCLUDES ON-SITE CUTTING,DELIVERY TO LAB,UP TO 4 HOURS) $640 RENTAL OF GYRATORY COMPACTOR PER DAY $462 CORE ANALYSIS,6"-EACH CORE(DENSITY&REFLUX) $375 ALL BUSTED MIX DESIGNS 'V2 Price AGGREGATE LABORATORY SERVICES * COST/EACH DRY GRADATION(ASTM C 136) $67 WASHED GRADATION(ASTM C 136) $99 SPECIFIC GRAVITY AND ABSORPTION(ASTM C 127,C 128) $164 MOISTURE CONTENT $55 MINERAL FILLER GRADATION(ASTM D 546) $97 PGE TESTING (Washed Gradation) $187 PGE TESTING (Dry Gradation) $129 LOS ANGELES ABRASION(ASTM C 131) $158 FIVE CYCLE SOUNDNESS SODIUM SULFATE (ASTM C 88) $351 UNCOMPACTED VOID CONTENT(fine aggregate angularity)(ASTM C 1252) $97 FLAT AND ELONGATED PARTICLES(ASTM D4791) $105 SAND EQUIVALENT(ASTM D 2419) $97 FRACTURED PARTICLES(coarse aggregate angularity)(ASTM D 5821) $97 AGGREGATE ABSORPTION(AVG.OF 3)(ASTM C 566) $97 UNIT WEIGHT (ASTM C 29) $67 DELETERIOUS COUNT $97 SET UP AND MONITORING OF AGGREGATE CONTROL GRADATION SYSTEM(AGCS)—CALL FOR QUOTE Rev. 11/4/04 2 PORTLAND CONCRETE LABORATORY SERVICES * COST/EACH COMPRESSIVE STRENGTH OF CYLINDERS (ASTM C 39) $15.00 WITH CURE TIME UP TO 28 DAYS-S.T.A.T.E.Testing made COMPRESSIVE STRENGTH OF CYLINDERS (ASTM C 39) $17.50 WITH CURE TIME UP TO 28 DAYS-non-S.T.A.T.E.Testing made FLEXURAL STRENGTH OF BEAMS WITH (ASTM C 293) $35.00 IL.MODIFIED SINGLE POINT LOADING FLEXURAL STRENGTH OF BEAMS WITH (ASTM C 78) $46.50 ASTM THREE POINT LOADING SULFUR CAPPING $41.00 NON-DESTRUCTIVE TEST-SCHMIDT HAMMER(ASTM C-684) Up to 3 locations $380.00 HIGH STRENGTH/HIGH PERFORMANCE CYLINDERS/WITH HIGH STRENGTH PADS $32.00 A.S.R.TESTING 14-DAY(ASTM C 1260) $731.00 2 HOUR MINIMUM PCC I CHARGE FOR PICKING UP CYLINDERS SOILS LABORATORY SERVICES * COST/EACH STANDARD PROCTOR(AASHTO T99,ASTM D698) $175.00 MODIFIED PROCTOR(AASHTO TI80,ASTM D1557) $228.00 PLASTICITY INDEX(AASHTO T90,ASTM D4318) $100.00 HYDROMETER TEST(AASTTO T227,ASTM D1298) $100.00 ORGANIC CONTENT(AASHTO T-267,ASTM D-2974) $105.00 PH OF SOILS(AASHTO T-289) $58.50 LIQUID&PLASTIC LIMIT $76.00 CONTACT LABORATORY FOR PRICE QUOTES ON SPECIFIC TESTS NOT LISTED ABOVE FIELD ENGINEERS&TECHNICIAN RATES COST/HOURLY GRADATION TECHNICIAN $65.00 AGGREGATE TECHNICIAN $70.00 DENSITY TECHNICIAN WITH GAUGE $75.00 BITUMINOUS LEVEL I TECHNICIAN $82.50 BITUMINOUS LEVEL 2 TECHNICIAN $87.50 QC MANAGER WITH LEVEL 2 CERTIFICATION $97.50 BITUMINOUS LEVEL 3 TECHNICIAN $105.00 CONCRETE TESTER WITH EQUIPMENT $70.00 Rev. 11/4/04 3 • FIELD ENGINEERS&TECHNICIAN RATES(cont) COST/HOURLY PCC LEVEL 1 TECHNICIAN WITH EQUIPMENT $75.00 PCC LEVEL 2 TECHNICIAN WITH EQUIPMENT $87.50 CIVIL ENGINEER WITH ALL LEVELS OF CERT. $105.00 PROFESSIONAL ENGINEER WITH ALL LEVELS OF CERT. $132.50 PRINCIPAL $171.50 *PLEASE CONTACTS.T.A.T.E. TESTING,LL.C.DIRECTLY FOR QUOTES ON SPECIFIC PROJECTS AS PRICES ARE ADJUSTED FOR QUANTITY TESTING. ALL LABORAORY TESTING IS PERFORMED IN ACCORDANCE WITH ASTM AND/OR AASHTO TEST METHODS. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,IN FACT OR BY LAW,IS MADE OR INTENDED EXPENSES TRANSPORTATION COST WILL BE BILLED AT$38.00 A DAY FROM OUR EAST DUNDEE HEADQUARTERS, FOR NIGHT TIME CONSTRUCTION OPERATIONS(6PM TO 6AM)ALL HOURLY RATES WILL BE INCREASED BY$5 PER HOUR. ALL OUT OF AREA TRAVEL,LODGING,PERMITS,TOLLS,ETC.WILL BE BILLED AT COST PLUS AN ADDITIONAL 20% OVERTIME WILL BE CHARGED AFTER 8 HOURS PER DAY AT 1.5 TIMES NORMAL RATE. OVERTIME RATES WILL APPLY TO SATURDAY. ALL OVERTIME ON SUNDAY AND HOLIDAYS WILL BE BILLED AT 2.0 TIMES NORMAL RATE. FOUR HOUR MINIMUM PER DAY FOR FIELD PERSONNEL,WEEKEND AND/OR HOLIDAY WORK. COPIES OF ALL I.D.O.T,ASTM,AMRL,NIST,AND AASHTO CERTIFICATES OF ACCREDITATION ARE AVAILABLE UPON REQUEST. Alat) AASHTO R18 Rev. 11/4/04 4 • , Extended /Type Inspection Days Total Hours'Units Unit Cost Cost Soils and Subgrade inpsection 4 ' 16 $ 75.00 $ 1,200.00 Proctor 4 $ 175.00 $ 700.00 Bituminous Inspection Surafce(Bit Level 11) 2 16 $ 87.50 $ 1,400.00 Binder(Bit Level II) 1 8 $ 87.50 $ 700.00 Base Course(Bit Level II) 2 16 ' $ 87.50 $ 1,400.00 Patches&Shoulder(Bit Level II) 2 8 $ 87.50 $ 700.00 Mix Production Verification 4 4 $ 585.00 $ 2,340.00 Cores 32 $ 36.00 $ 1,152.00 PCC Inspection Curb&Gutter(PCC Level I) 6 48 $ 75.00 $ 3,600.00 Curb&Gutter(PCC Level II) 1 8 $ 87.50 $ 700.00 Foundations 2 16 $ 87.50 $ 1,400.00 Miscellaneous 2 8 $ 75.00 $ 600.00 Clyinders 72 $ 15.00 $ 1,080.00 Cylinder Pick-Ups 5 $ 75.00 $ 375.00 Vehicles 27 $ 40.00 $ 1,080.00 TOTAL $18,427.00 EXHIBIT B Lake Street at Lambert Lane Intersection Improvements • 2005 Construction Season Project Sr.Project Sr.Field Survey 2- Work Task Manager Engineer _ Engineer Field Engineer Surveyor Person Technician Clerical Totals Engineering Plan Review TOTAL MANHOURS 0 0 0 0 0 0 0 0 0 Hourly Rate $135.00 $125.00 $99.75 $86.50 $76.00 $120.00 $66.00 _ $37.05 Total Cost $0.00 S0.00 50.00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 Construction Layout&Verification Project Management 1 Retrace Centerline&Verify 1 4 2 Retrace Benchmarks&Verify 2 20 2 Cross Section before&after 2 36 8 TOTAL MANHOURS 1 0 0 _ 0 5 60 12 0 78 Hourly Rate $135.00 $125.00 $99.75 $86.50 $76.00 $120.00 $66.00 $37.05 Total Cost $135.00 $0.00 S0.00 $0.00 S380.00 $7,200.00 $792.00 $0.00 $8,507.00 Utility Coordination 8 8 TOTAL MANHOURS 0 0 8 0 0 0 0 8 Hourly Rate $135.00 $125.00 $99.75 $86.50 $76.00 $120.00 $66.00 $37.05 Total Cost $0.00 S0.00 $798.00 $0.00 $0.00 S0.00 $0.00 $0.00 $798.00 Resident Engineering Services 0 Construction Observation 16 600 616 Documentation 8 280 288 Resident Engineering Coordination 16 50 66 Field Measurements 24 24 Change Orders 8 8 Pay Estimates 24 24 Final Quantity Determination 8 8 Final Inspection 8 8 8 24 Final Papers 24 24 Record Drawings 16 16 Meetings.Minutes&Correspondence 8 16 4 28 TOTAL MANHOURS 40 0 24 1058 0 0 0 4 1126 Hourly Rate $135.00 $125.00 $99.75 $86.50 $76.00 $120.00 $66.00 $37.05 Total Cost S5,400.00 $0.00 S2,394.00 $91,517.00 S0.00 $0.00 $0.00 $148.20 $99,459.20 Project Total Manhours 41 0 32 1,058 5 60 12 4 RHA&A Total Cost $5,535.00 S0.00 $3,192.00 S91,517.00 S380.00 $7,200.00 $792.00 $148.20 $108,764.20 so S.T.A.T.E.Testing construction materials testing and inspection services $18,427.00 $127,191.20 Total Project Cost S127,191.20 W `�y of F.c #�-"`�% �2 City of Elgin Agenda Item No. )? E�TCDFE6 L , ,, .,.,fr,14 January 21,2005 G .;,1, iii riii,,,, ii1. , ! ,., , , , ,i !, , N -44i ) i, r TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVEMMENT EFFICIENT SERVICES, AND OLMLIT Y INFRASTRUCTURE FROM: Olufemi Folarin,Acting City Manager John M. Loete, Public Works Director SUBJECT: Construction Engineering Services Agreement with Robert H. Anderson & Associates (RHA) for the U.S. Route 20/Lambert Lane Intersection Improvement Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with RHA for construction engineering rservices for the U.S. Route 20/Lambert Lane Intersection Improvement Project. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an agreement with RHA in the not-to-exceed amount of$127,191.20 for construction engineering services for the U.S. Route 20/Lambert Lane Intersection Improvement Project. BACKGROUND The City entered into an agreement with the Illinois Department of Transportation (IDOT) on July 10, 2002 and PAR Development on October 30, 2002 for the reconstruction and relocation of the U.S. Route 20 and Rose Lane intersection. Design services were provided by PAR's engineer and at PAR's cost per the agreement. The City is to act as the lead agency during construction with IDOT and PAR Development to pick up all associated construction costs. IDOT will contribute $600,000 with PAR Development to pay all costs above this amount. The project will provide for the signalization of the intersection with dedicated right and left turn lanes on U.S. 20 and left turn lanes on the realigned cross street. The new cross street will be called Lambert Lane with Rose Lane no longer connecting to Route 20. Rose Lane will be realigned to connect with Lambert Lane south of Route 20. This agreement will provide for bidding and construction engineering services for the subject project. It is anticipated that bidding will take place in early February 2005 with construction to begin in early spring 2005. A project location map is attached as Exhibit A. Requests for proposals for bidding and construction engineering services were solicited from five firms on March 15, 2004 as follows: 1 U.S. Route 20/Lambert Lane Intersection Impr. January 21, 2005 Page 2 ➢ Bollinger, Lach& Assoc. ➢ Ciorba Group ➢ Civil Engineering Services ➢ Engineering Resource Assoc. ➢ R.H. Anderson & Assoc. (RHA) Staff evaluation of the five proposals resulted in RHA being selected as the most qualified firm for the project. Upon selection, RHA met with staff to finalize the project scope and negotiate a fee. The final negotiated fee is not to exceed $127,191.20. A copy of the proposal agreement is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None rTINANCIAL IMPACT he agreement with RHA will total $127,191.20. The budget and available funds for this project are $600,000 and are located within the Riverboat Fund, account number 275-0000-791.93-80, project number 339676; "Route 20/Lambert Lane." To date, $127,191.20 has been received from PAR Development for reimbursement and deposited in the Riverboat Fund, account number 275-0000-605.45-01. LEGAL IMPACT The proposed agreement will need to be reviewed by the Legal Department. ALTERNATIVES 1. Approve the engineering services agreement with RHA. 2. Do not approve the engineering services agreement with RHA Respectfully submitted for Council consideration. JML:do Attachments 1 .1 CI T 19 (IRVING PK RD) k PROJECT cn 0 (LAKE ST) / o � ' ?w BLUFF CITY `� g 6 BLVD &-j ` ...) j. Lrr "1r 'Z ..4 • SPAV���G RD 4, m AP LOCP\-\- \ ON , . 1 • • I AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY") and ROBERT H. ANDERSON &ASSOCIATES, INC. (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the US Route 20 at Lambert Lane Intersection Improvement (hereinafter referred to as the"PROJECT"). AND 411) WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the City and the ENGINEER agree that the City does hereby retain the ENGINEER to act for and represent the City in the engineering matters involved in the Project as set forth herein subject to the following terms conditions and stipulations,to wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. Outline of the services to be provided by the Engineer: 1. Liaison and Contract Control 2. On-Site Review of Work .411) 1