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R2024-363 Resolution Authorizing a Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc., to Provide Engineering Services for Asset Management System Selection Assistance, City Project 2024-32
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R2024-363 Resolution Authorizing a Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc., to Provide Engineering Services for Asset Management System Selection Assistance, City Project 2024-32
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12/5/2024 12:31:57 PM
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12/5/2024 12:31:55 PM
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Resolution/Ordinance
Res Ord Num
R2024-363
Res Ord Title
R2024-363 Resolution Authorizing a Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc., to Provide Engineering Services for Asset Management System Selection Assistance, City Project 2024-32
Department
Public Works
Approved Date
12/2/2024
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Docusign Envelope ID:lA1DFD23-B9AC-4FF4-8F3A-05E6D6672FB1 <br /> agents in connection with this Contract, including any and all rights to register said copyright, <br /> renewal rights,determination rights and import rights. The Consultant agrees to execute any <br /> additional documents the City may request to effectuate the assignment of said copyright. <br /> K. NO BID RIGGING, BID ROTATION. The Consultant certifies, in accordance with Section <br /> 33E-11 of the Illinois Criminal Code,that the Consultant is not barred from bidding on contracts as a <br /> result of a violation of either Section 33E-3,Bid Rigging,or Section 33E-4,Bid Rotating,of the <br /> Illinois Criminal Code. The Consultant so certifies in the Non-Collusion Statement,attached and <br /> marked herein as Exhibit G and incorporated herein by reference. <br /> L. NO DELINQUENT TAXES. The Consultant agrees that it is not delinquent in payment of any <br /> and all taxes in any State or any political subdivisions therein and shall so certify in the Affidavit of <br /> No Delinquent Taxes,attached and marked herein as Exhibit G, and incorporated herein by reference. <br /> M. DRUG FREE WORKPLACE. The Consultant agrees that it shall comply with the Illinois Drug <br /> Free Workplace Act,30 ILCS 580/1,et seq. If the Consultant has twenty-five(25)or more <br /> employees or this contract is for more than Five Thousand Dollars($5,000.00),the Consultant shall <br /> provide to the City the Drug Free Workplace Certification attached and marked herein as Exhibit G <br /> and incorporated herein by reference. <br /> N. SEVERABILITY. If any section,terms or provisions of this Agreement or the application thereof <br /> shall be held to be invalid or unenforceable,the remainder of each section,subsection,term or <br /> provision of this Agreement or the application of the Agreement to the parties,shall not be affected <br /> thereby. <br /> O. TIMELINESS. The Parties recognize and agree that time is important in this Agreement as is <br /> consistent with the applicable professional standard of care. <br /> P. STANDARD OF CARE BREACH. As the sole and exclusive remedy for failing to meet the standard <br /> of care described in Section I(A), Consultant will reperform at its own cost,the consulting services <br /> necessary to correct the negligent errors and omissions reported to us in writing within one year from <br /> the completion of our services for the Project.No warranty,express or implied,is included in this <br /> Agreement or regarding any drawing, specification, or other work product or instrument of service. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. City shall pay the Consultant for all services in Exhibit A in accordance <br /> with the lump sum amount and invoicing schedule outlined in Exhibit A. <br /> B. SUBCONSULTANT. The City shall pay the Consultant for services and reimbursable <br /> expenses of subconsultants engaged by the Consultant with the approval of the City's <br /> Representative,the amount billed by the Subconsultant to the Consultant times an approved <br /> multiplier of 1.10 <br /> C. REIMBURSABLE EXPENSES. All expenses have been included in the lump sum price <br /> included in Exhibit A. <br /> D. PAYMENT FOR WORK COMPLETED <br /> 1. Monthly Progress ss Pa my_ents.Monthly progress payments may be requested by the Consultant for <br /> work satisfactorily completed in accordance with this contract and shall be made by the City to <br /> the Consultant as soon as practicable upon submission of statements requesting payment by the <br /> 6 <br /> Last Revised:2/03/2022 <br />
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