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1988-06-06 - Resolution 1988-33 - APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF A GOLF COURSE UNDERPASS AT THE ARBORETUM GOLF COURSERESOLUTION NO. 88-33 A RESOLUTION APPROVING AN AGREEMENT FOR TBE CONSTRUCTION OF A GOLF COURSE I]NDERPASS AT IHE ARIORETUM GOLF COURSE IIHEREAS, the Presldent and Board of Truatees of the Vlllage of Buffalo Grove deslre to lnplenent the conatructlon of a golf course underPass; and WXEREAS, the approval of an agreement ls requlred ln order to proceed wlth the necessary constructlon of the project. NoW, rHEREFoRE, BE IT RESoLVED by the Presldent and Board of Trustees of the Vtllage of Buffalo Grove, Lake and Cook Countles, I11lnols, that the Presldent and Clerk be, and they are hereby authorlzed and dlrected to execute the: IIAGREE}.'ETT CONCERNING IHE ILLINOIS ROUTE 22 I'IIDERPASS (ARBORETI'U GOLF couRsE) l'. A copy of aald contract 1s attached hereto and oade a part thereof. AYES: NAYES:0 - None ABSENT:0 - None PASSED:Juue 6 APPROVED: 1988 1988APPROVED: June 6 ATTEST : 0,,r9,..o,* vlt Clerk vl Pre s ldent AGREEMEM CONCERNING TIIE ILLINOIS ROUTE 22 UNDERPASS (ARBOREIIJM GOLF couRsE) THIS AGREEIIENT, nade and entered lnto as of the 6th day of June ' 1988, by and betweeo the VILLAGE 0f BUFFAIo GR0VE, an Illlnols uunlclpal corporatlon, havLng tts offlce at the Vlllage IIa1I, 50 North Raupp Boulevard, Buffalo Grove, Illlnois (the "V111age"), aod Zale Grovee, Inc., an llllnols Corporation, havLng lts offlces at 100 Lexlngtoo Drlve, Buffalo Grove, Illlnois 60089 ("zale"). WITNESSETH: WEEREAS ' pursuant to Paragraph 32.G.8 of the AnnexatloD Agreement dated March 3, 1986' the vllIage of Buffalo Grove retalned the flro of Baxter and Woodnan, Inc. to deslgn the underpass /subway referred to ln eald AnnexatLon AgreeEent. Further, Pursuant to sald Agreement, Zale has contracted ldth Peter Baker & Son to conBtruct the underpass /subray ag deaigned by Baxter and Woodman, Inc.; and, WIIEREAS ' ln enterlng lnto thls Agreenent, the Village acknowledges that Zale has no experlence ot expertlae ln constructlng or supervlslng the constructlon of subwaya, underpasses or tunnela. The Vlllage has relled and wll1 rely on the vlllage Englneer and the flrrn of Baxter and l.loodrnan, Inc. to suPervlse construction and approve pa)ments therefore, and the quallty of the Work; and' NoW, THEREFORE, 1n conslderatlon of the foregoing representatlone, rhich are made a part hereof and conatltute a part of the conslderatlon herefor, and other good and valuable corslderatlon, the recelpt and sufficlency of whlch ls hereby acknowledged, the partles hereby agree as follows: ARTICLE I The Contract Docuoentg Ttre contract documenta conslst of thls Agreement, the State Route 22 GoLf Cart Underpasg plans dated July 27, 1987, last revlsed Noveuber 6, 1987, prepared by Baxrer and woodman, rnc., and *regak=curftgg$ fls-9"*X[SM, anrt all Eodrflcatlons rhereto tesuear aftet executlon of thle Agreement. The foregolng forn the Agreenent, and all are as fu11y a part of the Agreement as lf attached hereto or repeated hereln. ARTICLE II The lJork Zale shal1 perforn all construction requlred by the Contract Documents for the workman-Iike coEpletion of the Job lncludlng the pro- vlsion of all labor, materials afld equlpoent necessary for the underpaes constructlon of the Vlllage golf course. Said underpass work shall be ln accordance wlth the plans which are attached hereto as Exhlblt "Ar', and ahal1 hereLnafter be referred to as "the Work", ARTICLE III Contract SUE The V111age shall pay Zale for performance of the Work, subJect to any addltlons and deductlons by change order executed by the partles hereto, the Contract Sum of Flve Eundred Four Thougand Four Hundred !8" -2- Tgenty-slx ($504'425.00) Do11ara. The aoount of $504'426.00 ls the exact amount of the contract between Zale and Peter Baker and Son. Tte Vlllage shal1 not relmburse Zale fot Zalers out of pocket dlaburaeEents and expenaes, lf any, relatlng to the Work. It la expreasly recognlzed that ln performlng the work hereunder, ZaLe Ls actlng solely as agent for the Vlllage and shall not derlve any proflt for the Work. ARTICLE IV Progresa Paynents Based upon Appllcatlons for Paynent subnltted to the Vll1age Englneer by Zale and certlflcates for Paynent executed and lsaued by the V11lage Englneer, after hls lnspection and approval of the Work, the Vlllage sha1l nake progre8a payEents on the Contract SUE to Zale for the vork perforned durlug each thirty (30) day perlod (the paynent rrappllcatlon perlod") endlng on the flrst day of each month after comencement of the work, as follows: Not less than thlrty (30) days followlng the end of the payrent appllcatlon perlod, the vlllage 8ha11 pay Zele nlnety (90f,) percent of the anount requested in the Certificate for Payaent. Upon subatantlal conple- tlon of the entlre Work, a eun sufflclent to lncteaee total paynents to nlnety-five (957) percent of the Contract sun shall be pald by the Vlllage to ZaLe. A11 dlsbursenents shall only be made by the vlllage to Zale upon executlofl and Lssuance of the V111a8e Englneerrs CertLflcate for Paynent, and dellvery to the Vlllage of mechanlcs I1en walvers for the Work performed and lncluded tn the Appllcatlon for Payuent. -3- AJ-l appllcattons for pa)ment submitted by Zale shall contaln the Zale Groves, Inc. dlsclalns any representation as to the quallty of constructlon work, confornance of the rrork to or nlth speclflcatlons and plans, and all other warrantles of any kind whatsoever. In presenting thls applicatlon for payEent, Zale Groves, Inc. has relled on the Certlflcate for PayDent issued by the Vlllage Englneer and the constructlon supervlslon of Baxter and lioodnan, Inc, ARTICLE V Final Pavment Flnal payment, constitutlng the entlre unpald balance of the Contract Sun, sha11 be pald by the Vluage to Zale rrhen the Work has been conpleted, the Contract fully perforoed, and a flnal Certlflcate for Payment has been executed and lssued by the Vlllage Englneer. ARTICLE VI Miscellaneous Provlslons A. The Contract Docunents, whlch constltute the entlre agree[ent betrreen the Vlllage and Zale are llsted in Artlcle I. B. Zale or Peter Baker and Son shall naintaln llabillty lnsur- ance on an rra1l rlsktrbasie, ln an anount equal to $f,000,000. The Vlllage Buffalo Grove and Baxter and Woodman, Inc. shall be the naned lnsureds on sald pollcy, as thelr respectlve lnterests may alPPear' ,x /centx lpt C. The Vlllage hereby lndeunlfles and holds harnless Zalerlon account of any danages due to the negligence of the V111age or lts agetrts (excludlng Zale) that uay occur to persona or property elther durlng the perforoance of the l{ork, or at any tLne thereafter, and assuDes all llablllty due to the negJ.lgence of the V1llage, or Lta agents (excluding Zale) for danagee to the underpass /subway or to persons or property due to accldents occurlng ln, on or over the underpass /subnay, or otherwlse by [t,, v , r€4S o -4- followlng language: reason of the Work, any defect 1n the quallty thereof, or any lnproper post constructton maintenance. Thls lndernnlty and hold harmless pertal.ns only to ZaLe Grovea, Inc. and not to any subcontractors of Zale, €*lutUQ Z1/ES €Nq/ €E6.Thls Agreement entered lnto a8 of the day and year flrst above writ ten. TIIE VILLAGE OF BUFFAIO GROVE By Vl1Iage Presldent Attest: lk 9**m'Sal,. ^vI1T8-eLia At test : Secreta ZAIE GROVES, INC. By -5- (\ AGREEMENT CONCERNING THE ILLINOIS ROUTE 22 IINDERPASS (ARBORETUM GOLF COITRSE) THIS AGREEI'{EIfT, made and entered lnto as of the 6th day of June, 1988, by and betrreen the VILLAGE 0F BUFFALO GR0VE, an l1llnols uunlclpal corporatLon, havlng 1ts offlce at the Vlllage Ha11, 50 North Raupp Boulevard, Buffalo Grove, Illlnols (the "Vll1ager'), and ZaLe Groves, Inc., an I11lnols Corporatlon, havlng lts offlces at crove, Illlnols 60089 ("Za1er'). 100 Lexlngton Drive, Buffalo WIINESSETU 3 WHEREAS, pursuant to Paragraph 32.G.,8 of the Annexatlon Agreement dated March 3, 1985, the Village of Buffalo crove retalned the flrn of Baxter and Woodman, Inc. to deslgn the underpas s /subrray referred to ln sald Annexatlotr Agreement. tr'urther, pursuant to sald Agreement, Zale has contracted wlth Peter Baker & Son to construct the uDderpass /subyay as designed by Baxter and Woodman, Inc.; and, hTHEREAS, ln enterlng into this Agreement, the Vlllage acknowledges that Zale has no experlence or expertlse in conBtructlog or supervlslng the constructlon of subways, underpasses or tunnels. The V1l1age has re1led and rr111 rely on the Vlllage Englneer and the flrm of Baxter and Woodnan, Inc. to supervise constructlon and approve payDentB therefore, and the quallty of the ttorkl and, NoW, TSEREFORE, ln conalderatlon of the foregoing repreaentatlons, whlch are made a part hereof and constltute a part of the consLderatlon herefor, and other good and valuable conslderatlon, the recelpt and sufflclency of whlch 1a hereby acknowledged, the partles hereby agree as foLLows: ARTICLE I The Contract Documentg The contract documents conslst of thls Agreement, the State Route a part of the Agreement aB if attached hereto or repeated hereln. ARTICLE II The Work Zale shall perforn all constructlon requlred by the Contract the Job lncludlng the pro-Documenta for the workman-llke coEpletlon of vislon of all labor, naterlals and equlpnent constructLon of the Vlllage golf course. Sald accordance wlth the plans rhlch are attached shall herelnafter be referred to as "the Workr'. ARTICLE III Contract Suo 22 GoIf Cart Underpass plans dated July 27, 1987, last revlsed Novenber 6, Ca./ l.A.f do.rm.u*1987, prepared by Baxter and Woodaan, Inc., and €"€el{&e*{6i|e at+€€.hc+ nt/ S,oad/tial'i'ts he+.te.*i}-Ex}t:tt+t-=F/ and all nodlflcatlons thereto lssued after executlon of thla Agreement. The foregolng forn the AgreeDent, and all are as ful1y necessary for the underpass underpass work shall be ln hereto as Exhtblt ttAt', and The Vlllage shall pay ZaLe for perfornance of the Work, subject to any addltlons and deductions by change order executed by the partleg hereto, the Contract Sum of Flve Eundred Four Thousand Four Ilundred -2- flsrka Trrenty-slx ($504,426.00) Dollars. The amount of $504'426.00 ls the exact amount of the contract betlreen Zale and Peter Baker and Son. The Vlllage sha1l not reftnburse ZaLe for Zalers out of pocket dlsbursements and expenaes, lf any, relatlng to the llork. It ls exPressly recognlzed that ln performlng the Work hereunder, ZdLe Le acting sole1y as agent for the Vtllage and shal1 not derlve any proflt for the Work. ARTICLE IV Progreaa Palnoents Based upon Appllcatlons for Paynent subnltted to the Vlllage Engineer by Zale and Certlflcates for Pa)rnent executed and lssued by the Vlllage Engtneer, after hls LnsPectlon and approval of the Work, the Village shal1 oake progress payments on the Contract Sum to Zale for the work performed durlng each thlrty (30) day Perlod (the Paynent "appllcatlon perlodr') endlng on the first day of each month after commencement of the work, as followe: Not less than thlrty (30) days followlng the end of the Payoent applicatlon perlod, the Village shall pay Zale ninety (90I) percent of the auount requested in the Certiflcate for Paynent. Upon substantlal conple- tlon of the entlre Work' a sum sufflclent to lncrease total Payments to nlnety-flve (95I) petcent of the Contract sum shaLl- be patd by the Vlllage to Zale. A11 disbursenents shal1 only be nade by the Vlllage to Zale uPon executlon and lssuance of the v1llage Englneerrs Certlflcate for Payaent, and dellvery to the Vlllage of nechanlcs lien rralvers for the Work perforned and lncluded ln the APPllcation for Pa)ment. -3- A11 applicatlons for palirent submltted by ZaLe shall contaln the followlng language: Zale Groves, Inc. dlsclalns any representatlon as to thequallty of constructlon work, conformance of the work to or wlth speclflcatlons and plans, and all other warrantles of any klnd whatsoever. In presentlng thls appllcatlon for payment, Zale Groves, Inc. has rel1ed on the Certlficate for Payment lssued by the Vlllage Eaglneer and the constructlon supervlslon of Baxter and Woodman, Inc. ARTICLE V Flnal Paynent Flnal paynent, constltutlng the entlre unpald balance of the Contract Suro, sha1l be pald by the VtJ.lage to Zale lrhen the Work has been completed, the Contract fully perforned, and a flnal CertlfLcate for Paynent has been executed and lssued by the Vtllage Englneer. ARTICLE VI Ulscellaneous Provlslons A. The Contract DocuEents, rrhlch constltute the entlre agreeEent between the Vlllage and Zale are listed 1n Artlcle I. B. Zale ot Peter Baker and Son shall nalntaln Llablllty Lnsur- ance on an 'rall riskrr baals, ln an amount equal to $1,0001000. The vl11age Buffalo Grove and Baxter aod Woodman, Inc. shall be the naned insureds on eald pollcy, as thelr respectl.ve lnteresta nay appear. ,,'ls 17 culs ,n/ at?r-cer C. The Vl1lage hereby lndennifles and holds harmless Zalerr.on account of any danages due to the negllgeoce of the Vtllage or 1ts agents (excludlng Zale) that Eay occur to persona or property elther durlng the performance of the l,Iork, or at any tlne thereafter, and assumes all Ilablll.ty due to the negLlgence of the Vlllage, or lts agents (excludlng ZaLe) for danages to the underpass /subrray or to peraona or property due to accldents occurlng in, on or over the underpass /subrray, or otherwlse by s )b, -4- reason of the l{ork, any defect ln the quallty thereof, or any inproper post constructlon malntenence. Thls lndennlty and hold harmless pertalns only fl ) to ZaLe Grov-es, Inc. and not to any subcontractora of Zale, e x. /uJ)? Ze/e/= J)!/e!/{?,/^,tc"r5. Thls Agreement entered lnto as of the tlay and year flrst above Z,'-O written. TIIE VILLAGE OF BUFFAIO GROVE By V1llage President Attest: Yl,\. S,-$"^ vi1 age ZAIE GROVES, INC. By Attest: cret r -5- l-./ /I/