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R2024-294 Resolution Authorizing a Professional Services Agreement with Christy-Foltz, Inc. to Provide Engineering, Labor and Material to Reinstall a Section of Fish Barrier on Lake Decatur Dam
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R2024-294 Resolution Authorizing a Professional Services Agreement with Christy-Foltz, Inc. to Provide Engineering, Labor and Material to Reinstall a Section of Fish Barrier on Lake Decatur Dam
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9/5/2024 10:23:08 AM
Creation date
9/5/2024 10:23:06 AM
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Resolution/Ordinance
Res Ord Num
R2024-294
Res Ord Title
R2024-294 Resolution Authorizing a Professional Services Agreement with Christy-Foltz, Inc. to Provide Engineering, Labor and Material to Reinstall a Section of Fish Barrier on Lake Decatur Dam
Department
Public Works
Approved Date
9/3/2024
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3. No payment request made pursuant to subparagraph 1 of this Section V shall exceed the <br /> estimated maximum total amount and value of the total work and services to be performed by the <br /> Professional Service Provider under this Agreement for that phase or additional service without <br /> the prior authorization of the City's Representative. These estimates have been prepared by the <br /> Professional Service Provider and supplemented or accompanied by such supporting data as may <br /> be required by the City's Representative. <br /> 4. Upon receipt of a properly invoiced payment request,the City shall pay the amount due less any <br /> amounts allowed to be retained or withheld by the City under this Agreement within 60 days of <br /> receipt of the invoice. <br /> 5. Upon satisfactory completion of the work performed hereunder and prior to Final payment under <br /> this Agreement, and as a condition precedent thereto, the Professional Service Provider shall <br /> execute and deliver to the City's Representative a release of all claims against the City arising <br /> under or by virtue of this Agreement. <br /> 6. The Professional Service Provider and City hereby expressly acknowledge and agree that the <br /> Local Government Prompt Payment Act does not apply to this Agreement. <br /> D. In the event of termination by City under Section IV.E upon the completion of any phase of the Basic <br /> Services,progress payments due to the Professional Service Provider for services rendered through <br /> such phase shall constitute total payment for such services. In the event of such termination by City <br /> during any phase of the Basic Services, Professional Service Provider also will be reimbursed for the <br /> charges of independent professional associates and consultants employed by Professional Service <br /> Provider to render Basic Services, and paid for services rendered during that phase on the basis of <br /> Professional Sen-ice Provider's Direct Labor Costs times a factor defined in Section V.A. of this <br /> Agreement for services rendered during that phase to date of termination by Professional Service <br /> Provider's principals and employees engaged directly on the Project. In the event of any such <br /> termination, Professional Service Provider will be paid for all unpaid Additional Services rendered to <br /> date and unpaid Reimbursable Expenses that may have accrued to(late. <br /> This Agreement is made between the City and the Professional Service Provider entered into on the last <br /> date hand written below. In witness, the parties have executed this Agreement. <br /> DATED this 26 day of August 12024 <br /> THE Cr OF DECATUR, ILLINOIS <br /> By: -&Tvo <br /> Mayor <br /> C� T � <br /> City 6erk <br /> Professional Service Provider Finn <br /> C c�s�ry1 T.IC-, <br /> i <br /> By: <br /> Lust Revised:2017-06-01 <br />
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