HomeMy Public PortalAboutR 98:123No 98-123 Date ol Adoption Hay 7, 1998
RESOLUTION AMENDING PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the Borough of Carteret (the"Borough") has entered into a Professional
Services agreement with Killam Associates ("Killam") to perform engineering (the
"Agreement"); and
WHEREAS, pursuant to the Agreement the Borough has directed Killam to prepare
engineering specifications for an in-line park; and
WHEREAS, the nature of the project is such that the Borough believes it appropriate
in indemnify Killam in the event of any actions or claims arising out of the
performance of the assigned duties.
NOW, THEREFORE, BE IT RESOLVED that the attached Amendment to
Agreement is approved.
BE 1T FURTHER RESOLVED, that the Mayor and Borough Clerk are hereby
authorized to execute the amendment to Agreement on behalf of the Borough.
Adop~ted this 7th day of May, 1998
and certified as a true copy of the
original on May 8, 1998.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN [ YES NO ] NV A.B. --~COUNCILMAN YES / NO NV A.B.
CI~ n .T .FY X Fa ZFKAS X
~ x CalTOU.qgT x
FAH-~CE X Q'RRT~N X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council Hay 7, 1998
,~ssociates Consult n~ En,,,mee~
April i0. 1998 ~ ~.1~ Albert. N. Beninato,[ .., I'.E.. P.P.
Mayor & Council
Borough of Carteret
61 Cooke Avenue
Carteret. NJ 07008
RE: Amendment to Agreement for Professional Engineering Services
Dear Mayor and Council:
In accordance with the Borough's authorization, we are proceeding with the development of
preliminary concepts, as well as cost estimates for the proposed Skate Park at Shawcrest Park.
Due to the~nature of the proposed activities associated with the Skate Park. which involves in-line
skatino, and skate board activities, it is necessary for our office to incorporate a revised form of
the W~iver and Indemnification in our Engineering Services Agreement. Accordingly. we have
prepared an Amendment to the Agreement for Professional Engineering Services. which we have
attached herewith for the Borough's review, approval and execution,
By copy of this letter, I am forwarding a copy of the Amendment to the Borough Attorney for
review. If there are any questions or if additional information is required on this matter, please
do not hesitate to contact my office.
Very truly yours,
KILLAM ASSOCIATES
Albert N. Beninato. P.E.
ANB:mm
cc: Craig Coughlin. Borough Attorney
Kathleen M. Barney, R.M.C., Borough Clerk
N: 2821' 282!00',letters~410mayor & council.wpd
AMENDMENT NO. 1
TO
AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
This Amendment is made to the Agreement for Professional
Engineering Services between ELSON T. KILLAM ASSOCIATES, INC., a
corporation of the State of New Jersey, d/b/a KILLAM ASSOCIATES,
having its principal place of business at 27 Bleeker Street,
Millburn, New Jersey 07041, hereinafter called "ENGINEER", and the
BOROUGH OF CARTERET, a municipal corporation of the State of New
Jersey, having offices at 61 Cooke Avenue, Carteret, New Jersey
07008, hereinafter called the "CLIENT" dated 1998.
Section 6.2.3 of the referenced Agreement is hereby deleted in
its entirety and the following text is hereby substituted therefor:
"6.2.3. Waiver and Indemnification.
6.2.3.1. The CLIENT hereby agrees to defend, indemnify and hold
harmless ENGINEER and its subcontractors, consultants, agents,
officers, directors and employees from and against any and all
claims, damages, losses and expenses, whether direct, indirect, or
consequential (including but not limited to attorneys' fees and
court and arbitration costs), arising out of, resulting from, or
alleged to have arisen out of or to have resulted from, the
services or Work, or the failure to perform services or Work, of
ENGINEER, or any claims against ENGINEER arising from the acts,
omissions or work of the CLIENT or other persons or entities. Such
indemnification shall apply notwithstanding any negligence on the
part of the ENGINEER, or joint and several liability of ENGINEER,
or strict liability of ENGINEER, but shall not apply to claims,
damages, losses or expenses resulting from the sole negligence of
ENGINEER, it being the intention of this Waiver and Indemnification
Agreement that the CLIENT shall indemnify ENGINEER to the fullest
extent permitted by law. Such indemnification shall not apply to
claims, damages, losses or expenses to the extent that they are
finally determined to result from the gross negligence, willful
misconduct, fraud, intentional tort, bad faith or criminal
misconduct of ENGINEER.
6.2.3.2. In addition to and not in lieu of the above
indemnification, the CLIENT does hereby waive any and all claims
against ENGINEER for direct, special, indirect or consequential
damages of any nature whatsoever, arising out of or in any way