R2023-220 Resolution Authorizing a Professional Engineering Services Agreement with Crawford, Murphy and Tilly, Inc. to Provide Construction Support Services for the William Street Pump Station Improvement Project, City Project 2022-17

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and materials as may have been accumulated by the Consulting Engineer in performing this Agreement,whether completed or in process. 4. Upon termination pursuant to this Agreement,the City's Representative may take over the work and complete the same by agreement with another party or otherwise. F. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. The Consulting Engineer agrees to abide by and comply with the City's "Equal Employment Opportunity Clause" (attached and marked hereto as Exhibit F and incorporated herein by reference)to the extent that the clause is applicable to this contract. G. INDEPENDENT CONTRACTOR STATUS. Nothing contained in this Agreement shall be construed to make the Consulting Engineer an employee or partner of the City. The Consulting Engineer shall at all times hereunder be construed to be an independent contractor. H. FEDERAL FUNDING. If Federal Funds are utilized as a source of Project funding,the Consulting Engineer shall abide by the terms of all Federal requirements in the performance of duties hereunder. 1. AMENDMENT OF AGREEMENT. This Agreement shall be amended or supplemented only in writing and executed by both parties hereto. J. HOLD HARMLESS. Consulting Engineer shall indemnify and save harmless the City, its officers and employees against claims for damages to property or injuries to or death of any person or persons,including property and employees or agents of the City and including reasonable attorney's fees incurred by the City or required in any way to be paid by the City,in defense thereof,and shall indemnify and save harmless the City from all claims,demands, suits,actions or proceedings including Worker's Compensation claims,of or by anyone whomsoever,to the extent proximately caused or proximately arising out of negligent acts or omissions to act by Consulting Engineer in connection with its performance of this contract,including operations of its subcontractors and negligent acts or omissions of employees or agents of the Consulting Engineer or its subcontractors. Insurance coverage specified in this Agreement constitutes the minimum requirements and said requirements shall not lessen or limit the liability of the Consulting Engineer under the terms of the Agreement. The Consulting Engineer shall procure and maintain at his own cost and expense,any additional kinds and amounts of insurance that,in the Consulting Engineer's own judgment,may be necessary for the Consulting Engineer's proper protection in the prosecution of the work.Neither Party shall be liable to the other Party for incidental,indirect,special or consequential damages. K. COPYRIGHT ASSIGNMENT. The Consulting Engineer assigns to the City any and all of Consulting Engineer's rights under copyright laws for work prepared by the Consulting Engineer,its employees,subcontractors or agents in connection with this Contract,including any and all rights to register said copyright,renewal rights,determination rights and import rights. The Consulting Engineer agrees to execute any additional documents the City may request to effectuate the assignment of said copyright. L. NO BID RIGGING, BID ROTATION. The Consulting Engineer certifies,in accordance with Section 33E-I I of the Illinois Criminal Code,that the Consulting Engineer is not barred from bidding on contracts as a result of a violation of either Section 33E-3,Bid Rigging,or Section 33E-4,Bid Rotating,of the Illinois Criminal Code. The Consulting Engineer so certifies in the Non-Collusion Statement,attached and marked herein as Exhibit G and incorporated herein by reference. M. NO DELINQUENT TAXES. The Consulting Engineer agrees that it is not delinquent in payment of any and all taxes in any State or any political subdivisions therein and shall so certify in the 7 Template Last Revised:2/03/2022