Common use of THE ENGINEER AGREES Clause in Contracts

THE ENGINEER AGREES. 1. The ENGINEER shall serve as the VILLAGE'S professional construction engineering consultant in those phases of the PROJECT to which this AGREEMENT applies. The ENGINEER shall perform the Engineering Services described in its proposal dated August 17, 2022, entitled “▇▇▇▇▇▇▇ Pond Expansion Project – Construction Engineering Services – Villa Park, Illinois”, attached hereto as Exhibit A and made a part hereof. 2. Additional services beyond the scope of the Engineering Services above- described, requested in writing by the VILLAGE, shall be performed by the ENGINEER in accordance with the hourly rate as agreed upon in writing between the VILLAGE and ENGINEER, and approved by the VILLAGE Board of Trustees. 3. The ENGINEER will perform services under this AGREEMENT in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the Chicagoland area. Notwithstanding anything to the contrary which may be contained in this AGREEMENT or any other material incorporated herein by reference, or in any agreement between the Village and any other party concerning the PROJECT, the ENGINEER shall not have control or be in charge of, and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or 4. The ENGINEER shall procure and maintain for the duration of its AGREEMENT, and for three years thereafter, insurance against errors and omissions and claims for injuries to its employees which may arise from, or are in conjunction with, the performance of the work hereunder by the ENGINEER, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance (1) Insurance Services Office Commercial General Liability occurrence form CG 0001 (Ed. 11/85); (2) Insurance Services Office form number CA 0001 (ed. 1/87) covering Automobile Liability, symbol 01 “any auto” and endorsement CA 0029 (Ed. 12/88) changes in Business Auto and Truckers coverage forms - Insured Contract or ISO form number CA 0001 (Ed. 12/90); (3) Professional Liability/Malpractice Liability policy; and (4) Worker’s Compensation as required by the Labor Code of the State of Illinois and Employers’ Liability insurance.

THE ENGINEER AGREES. 1. The ENGINEER shall serve as the VILLAGE'S professional construction civil engineering consultant in those phases of the PROJECT to which this AGREEMENT applies. The ENGINEER shall perform the Engineering Services described in its proposal dated August 17July 29, 2022, entitled “▇▇▇▇▇▇▇ Pond Expansion Project – Construction Proposal to Furnish Design Engineering Services – Villa Park, Illinois”, attached hereto as Exhibit A and made a part hereof.Services 2. Additional services beyond the scope of the Engineering Services above- described, requested in writing by the VILLAGE, shall be performed by the ENGINEER in accordance with the hourly rate as agreed upon in writing between the VILLAGE and ENGINEER, and approved by the VILLAGE Board of Trustees. 3. The ENGINEER will perform services under this AGREEMENT in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the Chicagoland area. Notwithstanding anything to the contrary which may be contained in this AGREEMENT or any other material incorporated herein by reference, or in any agreement between the Village and any other party concerning the PROJECT, the ENGINEER shall not have control or be in charge of, and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or, 4. The ENGINEER shall procure and maintain for the duration of its AGREEMENT, and for three years thereafter, insurance against errors and omissions and claims for injuries to its employees which may arise from, or are in conjunction with, the performance of the work hereunder by the ENGINEER, its agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance (1) Insurance Services Office Commercial General Liability occurrence form CG 0001 (Ed. 11/85); (2) Insurance Services Office form number CA 0001 (ed. 1/87) covering Automobile Liability, symbol 01 “any auto” and endorsement CA 0029 (Ed. 12/88) changes in Business Auto and Truckers coverage forms - Insured Contract or ISO form number CA 0001 (Ed. 12/90); (3) Professional Liability/Malpractice Liability policy; and (4) Worker’s Compensation as required by the Labor Code of the State of Illinois and Employers’ Liability insurance.