1984-09-10 - Resolution 1984-56 - APPROVING AN AGREEMENT BTWN THE CONTRACTOR, ENGINEER AND VBG CONCERNING THE RESERVOIR AND PUMPHOUSE NUMBER SEVEN PROJECTRESOLUTION NO. 84- 56
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CONTRACTOR, ENGINEER AND
THE VILLAGE OF BUFFALO GROVE CONCERNING THE RESERVOIR AND PUMPHOUSE NUMBER
SEVEN PROJECT
WHEREAS, the Village desires to have the Reservoir and Pumphouse
Number Seven project completed in a rapid, economical , and properly functional
manner; and,
WHEREAS, it is in the best interests of the Village to enter into an
agreement with the Reservoir and Pumphouse Number Seven engineer and contractor
to accomplish the desired compietion of Reservoir and Pumphouse Number Seveni
NOI,J, THEREF0RE, BE IT RESOLVED by the Village President and Board of
Trustees of the Village of Buffalo Grove, IIlinois that the attached document
entitled, "Agreement", concerning the Reservoir and Pumphouse Number Seven
project, is hereby approved and the Village Manager is hereby authorized and
directed to execute the agreement.
AYES:
NAYS:
ABSENT:
PASSED:
5 - Marienthal, SEone, OrReilly, liartstein, Glover
0 - None
1- Reid
September 10 , 1984
APPROVED:
age P res l ent
ATTEST:
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a erk
8 /ro 184
AGREEI"IENT
This Agreement is erttered into the day and date hereinafter
r.rritten by and between the Village of Buffalo Grove, an Illinois
Hunicipal Corporation (hereinafter referred to as the "Village"),
Jenkins and Bo1ler Co., Inc., a corPoration, (hereinafter
referred to as I'Jenkins"), and Keifer Engineering, Inc., a
corporation, (hereinafter referred to as "Keifer").
WHEREAS, the village entered into certain contracts !rith
Jenkins & Keifer to build and design a pumphouse and reservoir.
NOw, THEREFoRE, in consideration of the following covenants
and agreements and other gootl and valuable consideration, the
parties hereto agree as follows:
A. Jenkins and Boller Co., Inc.
1. The Village currently holds a 58 retainage of
$L29,745.00 on the total contract. There are no further monies
due and orring Jenkins. Upon receiPt of alt necessary waivers,
except for Jenkins, Zeigler and Benson Electric, the Village will
release $70 r 000.00 to Jenkins.
2. The Village will deduct anil pay to itself $23'000'00
from Jenkins remaining retainage.
3. Jenkins will pay one-third (L/3) of the total leak
repair cost in gallery wa1ls adjacent to the ceLls up to a
maximum of $I5,OOO.OO total rePair cost i'e', $5,000'00' said
total repair cost, up to $15r000.00 !'ill be shared prorata among
the Village, Jenkins and Keifer. Leak repair costs will be
only Jenkins
out overhead
4.
l.
monies due or
construction.
2.
Keifer tloes herebY waive anY
to become due on account gf
Ke i. f e r w i I I pay the village $23'OOO.00 within 30
to Keifer.
and
the
and define a nethod to stop the water leaks, then
repair costs calculated at time and materials with-
or profit.
once the Village and Keifer identify the water L eaks
Jenkins will do
the leak repair one time.
5. The VilIage does hereby acknowledge and agree that
the l/4" leak test in paragraph 5.3.06 in the Jenkins and Village
contract has been Passed.
5. The Village does hereby waive and release any action
that it may have against Jenkins for liquidated damages.
7. The Village and Keifer hereby release Jenkins from
any and all actions, causes of actions, expenses or liability it
nay have for anY concrete leaks.
8. ExcePt for the provisions of this Agreement, the
contract betrreen the Village and Jenkins remains in full force
and effect and Jenkins will complete same.
9. Except for the provisions of Paragraph A.3' hereof,
there shall be no ailditional costs to the Village for concrete
work.
B.Keifer Eng ineer ing, Inc.
all claims for
subj ect
days of Village invoice
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3. Keifer will define a method for leak repairs.
4. Keifer wiII. pay one-third (L/31 of the total leak
repair cost in gallery walls adjacent to the cells up to a
maximum of 9I5rOOO.00 total repair cost i.e., $5,000.00. Said
total repair cost, up to $15r000.00r will be shared Prorata among
the village, Jenkins antl Keifer. Leak repair costs will be only
Jenkins repair costs calculated at time and materials $rithout
overhead or profit.
5. Keifer wi1,I complete all work necessary to insure a
properly working pumphouse and reservoir.
6. The Viltage and Jenkins hereby release Keifer from
any and all actions, causes of actions, expenses or liability it
may have for any concrete Ieaks.
C. Vi llage of Buffalo Grove
1. The Village wiII pay balance of top coating on roof
of reservoir.
2. The Village will pay one-thirtl (l/3) ot the total
leak repair cost in gallery walls adjacent to the cells up to a
maximum of $l5,OOO.O0 total repair cost i.e., $5,000'00' said
total repair cost, up to $15r000.00, will be shared Prorata among
the Vi1lage, Jenkins and Keifer. Leak repair costs wiII be only
Jenkins repair costs calculated at time and materials without
overhead or profit. The Village does hereby accept any and all
cost for leak repair over and above $15rOO0'00' No work above
-3-
$15,000.00 shall be done without prior written consent
VilIage.
3. The Village will rechlorinate at its cost
after first chlorination done by Jenkins.
D. General Provisions
of
cells
I. This Agreement
hereto, their successors and
tions and subsidiaries.
2. This Agreement
IN WITNESS WHEREOE, the
hands and seals this rclb
shall be binding upon the parties
assigns, and their parent corpora-
may be executed in counterparts.
parties
day of
have hereunto set the i. r
1984.*w.
JENKIN A
By
L C
KEIEER G EERING, IN
t+t
THE VILLAGE OE BUFEALO GROVE, an IIIinois
Mun ic i oal Cor tion
By
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