2011-24•
6/14/2011
Resolution No. 2011 - 24
A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING CONSULTING
AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND PATRICK
ENGINEERING, INC. FOR RECERTIFICATION OF THE CURRENT QUIET ZONE
ON THE CANADIAN NATIONAL RAILWAY
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to
proceed with the recertification of the current quiet zone on the Canadian National Railway;
and,
WHEREAS, an engineering consultant familiar with quiet zones shall be retained in order to
provide the necessary research and consulting assistance necessary to recertify the quiet
zone; and
WHEREAS, the Village of Buffalo Grove will be acting as lead agency on behalf of nine other
public agencies in pursuing the quiet zone recertification and therefore will be entering into a
professional service agreement to provide such research and consulting to the participating
agencies.
NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Section 2. The Quiet Zone Consulting Agreement between the Village of Buffalo Grove
and Patrick Engineering, Inc. related to the recertification of the current quiet zone on the
Canadian National Railway is hereby approved.
Section 3. The Village Manager is authorized and directed to execute the Quiet Zone
Consulting Agreement for the Village. A copy of said Consulting Agreement is attached
hereto and made a part hereof.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval.
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AYES: 6 — Berman, rilling, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 — None
ABSENT: 0 — None
PASSED: June 20, 2011.
APPROVED: June 20, 2011.
Village Clerk
R &Z/103.1001 /00100424.doc
*sue 0* •0
QUIET ZONE CONSULTING AGREEMENT
This Quiet Zone Consulting Agreement (this "Agreement ") is entered into by and
between the Village of Buffalo Grove, a public entity located at 50 Raupp Blvd, Buffalo
Grove, Illinois 60089 ( "Village "), and Patrick Engineering, Inc., 4970 Varsity Drive,
Lisle, Illinois 60532 ( "Consultant ").
The parties hereto in consideration of the following agree as follows:
1. Consultant's Responsibilities. Consultant shall provide services and advice
relating to the recertification of the current Quiet Zone on the Canadian National
Railway mainline (the "Services ") as set forth on Schedule A hereto, which is
hereby incorporated into and made part of this Agreement.
2. Compensation. As compensation for the Services rendered under this
Agreement, the Consultant shall be paid at the rates shown in Schedule A, subject
to an upper limit of compensation of $30,000.00.
3. Payment. Consultant shall be paid in accordance with the "Cost Per Task" in
Schedule A and in two installments: (a) upon completion of Tasks 1, 2 and 3 and
(b) upon completion of Tasks 4, 5 and 6 and upon submission of an invoice to the
Village. The Village shall make payment in accordance with the Illinois Local
Government Prompt Payment Act.
4. Confidentiality and Data. Consultant shall keep all facts obtained and opinions
reached by Consultant in performing Consultant's obligations under this
Agreement confidential. All written reports and documents produced by
Consultant and its employees shall be the property of the Village.
5. Assignments. No assignment of this Agreement, in whole or in part, and no
assignment or encumbrance of any interest of the Consultant in the compensation
agreed to be paid by this Agreement shall be made without the prior written
agreement of the Village.
6. Insurance. The Consultant shall provide Worker's Compensation, General
Liability, Professional Liability, and Auto Liability coverage for incidents
involving the Consultant's. Services. A certificate of insurance and additional
insured endorsement evidencing the foregoing required coverage shall be
furnished to the Village.
7. Modification and Termination.
a. This Agreement may be terminated, with or without cause, upon written
notice by either party to the other. In the event of termination, The
Consultant shall be entitled to receive as final compensation the money
due and owing on the date of termination for work performed.
b. Termination of the Agreement shall not terminate the Consultant's
obligation as set forth in Paragraph 4 of this Agreement.
c. The terms of this Agreement may be modified by mutual agreement of
both party hereto, evidenced by a writing signed by each party.
8. Survival: In the event any of the terms or provisions of this Agreement are
deemed to be void or against public policy, the remainder of this Agreement shall
survive and remain in full force and effect.
9. Effective Date. This Agreement shall be effective as of the latest date shown
below.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date shown
below.
CONSULTANT:
PATRICK ENGINEERING, INC.
Signature: /el i
Name (Print): ! � - M, -
Title: U-L� 'L L
Date: & 17-G/1(
R &7J 103.1001 /doc. 000100355/6 -15 -2011
VILLAGE:
VILLAGE OF B FFA O GROVE
Signature:
Name (Print): +CIE C &46r,
Title: U00" / A*96&
Date: 6✓ZQ /2011
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