R2024-238 Resolution Authorizing an Agreement with Heritage Behavioral Health Center for Streetscape Improvements on Prairie Avenue

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6. The construction ofthe Project shall be done and performed in compliance and conformance with City of Decatur engineering standards,rules, and regulations. All construction plans,drawings,designs,and schedule mustbe approved by the Public Works Director prior to the start of any construction of the Project. 7. Construction and work on the Project shall not commence prior to the date specified in a written Notice to Proceed which must be obtained from the Public Works Director. 8. Heritage shall ensure and guarantee that all construction and work on and for the Project shall be performed and completed in a Good and Workmanlike Manner and all in strict accordance with the specifications and drawings required by the City and pursuant to the terms of this Agreement. 9. Heritage shall be responsible for all payments for the Project. Total project cost: $295,315.00 with Heritage responsible for $73,600.00 for flowable fill and vault reinforcing and the City responsible for$221,715.00 for the new curb and gutter, sidewalk, light pole wiring, base and everything involved with completing what has been designed by SKS. When the Project is complete in compliance with terms set forth in this Agreement and written final approval is given by the Public Works Director,Heritage shall provide the City with an itemized bill and accounting for the Proj ect of all monies paid by Heritage and the City shall reimburse Heritage for the total eligible costs for the streetscape work up to a maximum of$221,715.00. Heritage shall be responsible for any additional costs and expenses of the Project. 10. Upon completion ofthe Project and acceptance and approval by the City,the City shall assume maintenance of the improvements to the public rights of way. 11. The City shall retain ownership ofthe public rights of way and nothing in the terms of this Agreement shall alter the ownership of the public rights of way in any manner. 12. Heritage shall require and ensure that the Project is performed and completed in accordance with the provisions and requirements of the Illinois Prevailing Wage Act and shall indemnify,hold harmless and defend the City for any violations of the Act. 13. Heritage shall require that the Project adhere to the City minority goals set forth in Chapter 28, Section 10 of the City Code. Other than the requirements set forth specifically in this Agreement,no other procurement rule orregulation,bidding requirement orprocedures,orCity Code provisions shall be a requirement of this Agreement. 14. All notices,demands and requests that are required or allowed to be given by either party shall be in writing and shall be personally delivered or sent by certified mail,postage prepaid,to the address as set forth below or to such other address as either party may subsequently designate in writing: