1998-3710 - --.-
RESOLUTION NO. 98- 37
A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING SERVICES
FOR THE ILLINOIS ROUTE 83 (AT FARRINGTON DRIVE)
BIKEWAY OVERPASS IMPROVEMENT
WHEREAS, the Village of Buffalo Grove desires to implement the proposed Illinois
Route 83 Bikeway Overpass at Farrington Drive; and,
this project;
WHEREAS, an agreement for Engineering Services is required in order to implement
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, as
follows:
The agreement entitled "Bikeway Overpass (Over Illinois Route 83 at Farrington
Drive) Village of Buffalo Grove Professional Services Agreement" is hereby approved.
2. The Village President and Village Clerk are authorized and directed to execute the
agreement approved herein. A copy of said agreement is attached hereto and made a
part hereof.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: October 19, , 1998
APPROVED: October 19 , 1998
Approved:
Village President
ATTEST
. &AAA
Vill Clerk
G:\PWDIRGRP\LHC\BIKEWAYS\IL83RES3.WPD
BUaWAY OVERFASS (OVLR a,tX40 S R IAR&
OUTL 93 AT RGTON DRIVL)
Vp„ t,AGt OF gU"ALO GROW
PROFtSSIONAL SERVICES AGREEMENT
1998. bn and bete een the
THIS Agreement is made and entered utto
this _ � Suffilo Grove, Illinois 60M
Vn,LAGE OF BUFFALO GROVE with ottiars at 31 Rupp
(hereinafter celled the '0 230 PAROS W ItBilo�nroeC Stseet.OSwte 3501" 6oDIU� s 60606
LNC., a pnvate corporation, with offices at 23
(hereinafter called "PB ")
uvffrt>FSSETH TEAT:
WITRE AS. the OWNER desires professional eagnrng services (hereinafter called the SERVICES").
AND
yygEREAS, tht OWNER has solicited the services of the PB to design and provide coarein t
t services for the Bikeway Overpass Project over Illinois Route 83 at Famngton Drive (bereimdla
oversight
called the "PROJECT"),
ARID
WgEItEAS, PB has submitted a proposal
dated June 19. 1998 (bereinafter WW the PROPOSAL' ,,
which outlines an approach for such PROJECT;
AND
WHEREAS, the OWNER on July 6, 1998 selected PB to Perform the SERVICES'
AND
that the SERVICES shall be performed in Phases. with each Phase or
Whereas the OWNER and PB egret t Phase(s).
Task within a Phase to be appm ed by the Owmer prior to initiation of the subsequen
NOW. THEREFORE, for the consideration hereinafter set forth. the parties berm do mutually agree as
follows:
FIRST: EVlp1,0yMENf OF PB
the PS a act for and repfescat it in all enginwing matters involved is the
The OWNER retains as hereinafter stated
performances of the SERVICES, %*jest to the terms, conditions, and stipttlations
SECOND: PR Qi ,CT D SCRipTION
PB win develop the plans, VeaficatioM project scheduk and oast estimate for the B
overpass ova Illinois Route 83 at Farri DrM- Following heeerss mad approval
pham will provide construction ph= �v and contractor mgnxu '
.I
PB shall render ubc
Ina sation' and proper Mnner 10 the OVER the SERVICES set tomb In
the PROPOSAL. and made Part of thus Agreement.
(;FOURTH:
0 P F. N ATION
The OWNER shau Compensate PB for the perfot SERVICES under Agrxmem a
ULT exceed the amount of Forty Nine TlbMSand Five Hundred and
COST PLUS MIPLIER manner not to that each Phase or Task wtthtn a Phase has beat pr��'
Seventy One Dollars (S 49.571.00) provided u follows
: approved approved by the OWNER The Phases of the SERVICES are defined
Contract Amount
Phase $6,985.00
Preliminary Analysts Report and Sod Borings $20,566.00
Design Phase $22,020
Constntction Phase
Unused budgeted
dollar amounts from previous p� �' � used for atbsWtxnt Phases if apprc�td by
the OWNER prior to initiation of the mbsequent per-
FIFTH: Sf, DULZ
dorm the SERVICES in accordance with the Schedule set forth in the
The PB shall �
PROPOSAL, and made Part of this AgreettML
SIXTH: AYME
�� shall be prepared by PB in a form acceptable to the OWNER and
In%vices for progress pa. to regttest paymcm of the
submitted e%TrY four (4) weeks co the OWNER Each a pert shall be prepared SERVICES
porvon of the lump
sum amount in proportion to the percentage of SERVICES rendered during the
im'oice period to the total of SERVICES to be provided hereunder.
Such imnices shall be paid to PB by the OWNER pumant to the Illinois Prompt Paratent Aa
.
SEVENTH:
D BY THE OA
R
Data m be furnisbod by the OWNER to PB includes a%ailable eldttilm8 wMppbic '
wetland delineation information. available 30ils data, and a sample Of a similar set d construction
drawings the Village has approved. if avail".
aq required in perfornuna
PB represerus that it hiss. or wt11 saw+e• st t� be emp�ees of nor lwt am'
the SERVICES under this Agrot the Such pe CTOR. consistent with its status as
contractual relationship with PB or the OW!r'FR T St18CONTRA out as. nor claim to
an independent contractor. further agroes that its persor►riel will not bold themselves
be, ofbcem or employees of PS or the OWNER by reran of this A
NINTH: IN 1JRAN -
PB shall effect and maintain =ur = at his own Cost and mast m protect itself from claims
under Workers' Connpcmum Acts: from claims for damages because of bodih• injury including siticness.
to or destruction of
disease, or death of may of its employees: from claims for damages because of injtu'y
tangible property. and from daims arising out of the performance of professional senses caused by
erion. omissions, or negligent acts for which it is legally liable, each in the amount of 51,000,000.
with
PB shall furnish the OWNER with a ceitif1mt (s) of nnsu?a°a of cancellation d the
this Article. which certZmtes shall p r W that thirty ( ) �
pia shall be gim to OWNER
PB shall provide the OWNER with Certificates of Authority from the Dlinois Department of
Irs:trrnnce for each insurance o>U"ny-
TENTH: 1 DE..MNM-
PB shall indemnify, defend, and bold harmless tht OWNER from and against any and all dais,
arnds, losses, Costs, ei�s, damages, and liability mined solely by.
shuts. actions, JNdB H' negligent acts, erras or omissions of PB, its Oftc s.
resulting solely from, or arising soieh out of the neg ige
employees. agent& or represemativcs in the performance of SERVICES under this Agreement. PB shall
in no even[ be liable in contract tort, of or odi emise. for any indirect a consequential damages. including
but not limited to loss of estimated profits. toss of th e S RVICES hermlide d good mill or
s mdv damages ansiag out of its performance
In the event of any reuse or other use by the OWNER of the�drawu4;L specifications, and other
fiunished by PB kminder, the OWNER shall indemnify.
and aping demands, WM coitm vVenses, damages. and
and against any and all daims. soots, actions. jndge��,
liability roused by, resulting from. Of arnsing out of such rare or other We.
ELEVENTH: CHANGES AND EXTRA SELUM
The OWNER may make cbangtes within the general scope of this Agreement- If ft
SUBCONTRACTOR is of the opinion that any proposed change causes an incr, or decrease in the cost
and/or the time required for perfo main of this Agreenom, lB Shan so wjdfi the OWNER of that bet.
An agteedupon change win be reduced oa writing signed by the parties hereto and will modify this
Agreteneat a�xadingiy. PB stay initiate su eb notifiation upon identifying a widition wbicb may change
the SERVICES agreed to eo tie c fecdw date
of this AGREEMENT. as set ford in rite pitOPOSAi.
Pg be pro► M wdMn thir>1 (30) des Aoat the date d NOW by
Fury Such notiticatiott to the evM that a
Of the other party's wntten notification of a pf0p0e0d die
that part!' es hereto as to a particular change- the issue shalt be resohed parsuart a
cn„ot be reached by the parts
Article E1GKiEENTH•
The OWNER may request PB to perform extra sen�ces not cowed by. the SCOPE OF
SERVICES u set fortis m the PROPOSAL. and PB shall perform such extra senxes end will be
when they are reduced to a nnung mutually agreed a and sagged by
compensated for such extra services accordingly
the Parties hereto amending taus Agreement
The OWNER shall not be liable for p q=w of any extra senices nor shall PB be obligated to perform
any extra services except upon such written amendment-
TWELFTH: DELAY
its services with due diligence upon receipt of a written Notice a Proceed from
PB shall perform to be incurred prior to such written Notice to Proceed in
the OWNER- The OWNER may authorize costs the one control d PB,
the event that performance of its SERVICES is delayed by causer �= of the SERVICES may
and without the fault or negligence of the OWNE01 the time for the pe PB fto wov* the
by written amendment to reflect the extent of such � deIxY
dam,
be equitaNY adjusted and the steps
OWNER with written notice of delay. wchAM9 therein a description
contemplated or actually taken by PB to mitigate the effect of such delay.
TKMTEENTH: TERMINATION
terminated by either Party hereto upon seven (7) days sm= notaa an
This may be the Ober Party to worm with the terms d this
the event of Substantnsl failure �` may also be terminated by the
Agreement ttuough no fault of the terminating party. tten � to PB-
OWNER for its convenience upon fourteen (14) days
In the event of termination. PB shall be compensated for all SERVICES performed and costs
incurred up to the effecuv-e date of termination for wfiich PB has not been Previously compensated-
Upon receipt of notice of terminauon from the OW'.yER. PB shall dismnunue the SER,ICES sumnarim
unless otherwise directed and deliver to t� OWNER been accumulated �°
and Such Ober infortaatnon and ra�aterrals or in process -
SERVICES under this Agreement, wbetba MV19 d
FOURTEENTH: OWNERSSIP OF DOCU1V IKM
The Parties hereto agree that the OWNER shall retain ownership of all draWIW SPecifications,
and other documents of PB f..sW beramder• PB will be permitted to retain reproducible copes of
drawings, specifications, and other documents for its files.
4
rMEENTH: �ttrr
sublet. sell. transfer. or other
►Ise dispose of any interest to this Agreement
PB shall not ttssign, of the Ow'�R
without the prior written approval
mcnt shall be binding upon and inure to the benefit of the parties herto. their
This Agra or other person -
Successors and permitted assigns. but shall Dot inure to the benefit of any thud part)
SIXTEENTH: No WAIVER
No failure or waiver or cave Mures or waivers on the part of either party hereto. their
successors or permitted assigns,
. the enforcement of am� condition. cmtnant or article of this
Agreement shall operate as a discharge of am- such condition. co�rnant r article nor reader same
of either perm- hereto, their successors or permitted assigns, to enforce the
invalid, nor impair the right cent breaches b_v the other party hereto, its successors or Permitted assigns -
same in the event of any subsea
SEVENTEENTH: NOT'IFiCATION
tted under this AV-,, nt shall be in writing and shall be deemed
All notices roquired !P � ,� addresses � follows:
wfficiently Served if served by Regist
TO OWNEFL Village of Buffalo Grove
51 Paupp Boulevard
Buffalo Grove, Illinois 60089 -2198
Attention:' $Olt Gregor
TO PB: Parsons Brinkerhoff Quade St Douglas. Inc -
230 Vi% Monoe Street Suite 350
Chicago, Ulinois 60606
Attention: Ms. Joan Berry
EIGHTEENTH: DLS— P —L—TE?
and other matters in question arising out of or relating to this
Any and all claims, dispu tes. an disposed of b9 mutual of the Parties hereto may
Agreement or the breach thereof t by � y n Rules of the
be submitted to arbitration conducted gmer°0d This
A�� Aeon Association in effort at the time of the execution aE this law. ent
Agreement to arbitrate shall be specificalh
enforceable under the prevatTraB�tiOn �'
. Party > ing such arbitration shall file notice of the demand for arbitration in carting
with the other party
hereto and with the American Arbitration Association in the State of Illinois. to no
event shall the demand for arbitration be made after the date when institution of an action at law• or to
equity based on such claim, dispute, or other matter in questions would be barred by the applicable statute
arbitration shall be final and judgment may be entered upon it
in limitations. The Te in � Ong � ftvd
in accordance anth
5
I a . .. _ .
ETHICS STATEMENT
EXXW!T A
REQUIRED AFFIRMATIONS
v
The undersigned hereby represents and warrants to the Village of BuBalo Grme as a term of and
condition of acceptance of their proposal that none of the follo%ing Village olicrals is either an officer or
director or supplier. or owns five percent (5 %) or more of supplier, The Village President: the members
of the Village Board of Trustees. the Village Clerk. the Village Treasurer. the members of Zoning Board
of Appeal and plan Commission. the Village -Manager and his Assistant or Assistants. the heads of
vanous departments within the Village U the foregoing representation ands a uryumcuratteu five
the name of the Village official who is either officer or director of your or W
percent (5 %) or more thereof-
PUBLIC CONTRACTS - BED RIGGLNG AND ROTATLNG- KICKBACKS - BRIBERY
The undersigned does hereby certify that it is not barred from bidding on the Contract as a result of a
violation of either Section 5/33E -3 or 5133E-4 of Chapter 720. Illinois Compiled Statutes.
PUBLIC CONTRAC.'TS(Section 5/1142.1 -1 of Chapter 65. Illinois Compiled Statutes)
The undersigned does hereby swear and affirm that: (1)it is not delinquent in the payment of anY tax
administered by the MWW Department of Revenue or (2) is contesting in accordance with the Procedures
established by the appropriate reveatie Ace, its habiht) for the tax or the amount of the tax The
undersigned further understands that making a false statement herein: (1) is a Class A Misdemeanor and
(2) voids the Contract and allows the village to reccnw all amounts paid to it under the Contract
Subscribed and Sv Qm to be
N- day of - r'. vi • ,
Notary Public
PARSONS BRINCKERHOFF QUADE and DOUGLAS. INC.
'OFFICIAL SEAL
me on tg&REN Y Nall
,1941 Pow.Sv-- -.S
. End of Fxhrbit A -
Na. Joan gertti, Assistant Vice President
0-7. 1
AM such arbitration shall not indude, b► aoasolidt 1M PrA f of in my other amirier, additions!
p not a party to this Agreement e�c P by written consent signed by the parties he"" and such
persons to be Jared. Such consent shall be limited to the dispute described therein and the parties
named therein.
NLNETEENTH: M&MABLE LAM
This Agreement shall be goNrrried by and construed in accordance with the laws of the Sute of
Illinois.
TwENTIETH: ExTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the OWNER and PB and
supersedes and replaces all terms and conditions of any prior agreements, arrangements, negotiations, or
rcprewntations, written or oral, with respect to this PROJECT.
TWENTY - FOIST: REOUIRED AFFIRMATIONS
Evhibit A en Affirmations" is attached bereto and made a part beitot.
Li WITNESS WHEREOF, this Agreement has been executed bti the OWNER and PB, effective from
the day and Year first written above.
VQ,LAGE OF BUFFALO GROVE
(dame and Title) Village President
PARSONS BRLNCKERHOFF QUADE sad DOUGLAS, INC.
BY �J=-,t V= President
6