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HomeMy WebLinkAboutRESOLUTION - 8-65 - 1/21/1965 - AMENDMENT TO CONSTRUCTION CONTRACT RESOLUTION NO. 8-65 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMEMMET TO CONSTRUCTION CONTRACT NOW, THEREFORE$ BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1 - That the Village: President be and is hereby authorized to sign the attached documents marked AMEHMENT TO CONSTRUCTION CONTRACT , a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2 - That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED AND APPROVED this 21st day of January 196� James R. Gibson President Attest: Eleanor G. Turner Village Clerk AMENDMENT TO CONSTRUCTION CONTRACT The undersigned parties to that certain Construction Contract dated February 20, 1964, by and between THE VILLAGE OF ELK GROVE VILLAGE (hereinafter sometimes referred to as "Village") and CENTEX CONSTRUCTION COMPANY, INC. (hereinafter sometimes referred to as "Centex") , having mutually entered into an agreement whereby Centex shall be relieved of its obligations to furnish plans and specifications for a new well pump and to furnish, install, and test said new well pump as specified in Section VII of said Construction Contract upon consideration of the reduction by Centex of the total contract price of the work to be performed,by Centex Construction Company, Inc. under the terms and provisions of said Construction Contract from $180,000 to $159,000; IT IS THEREFORE MUTUALLY AGREED by and between said parties as follows: 1. That Section VII of said Construction Contract be amended to read as follows: "It is understood and agreed that Plans and Specifications for the work to be done by Centex have been heretofore fur- nished to Centex and the 'village and have been approved by Alvord, Burdick & Howson, Engineers for the Village (which said Plans and Specifications do not include drawings and specifi- cations for said new well pump house, new well pump and con- trols) and that such Plans and Specifications will not be changed or altered without the joint consent of Centex and the village. It is understood and agreed that the contract price specified in Section II above includes an allowance of $3,000 for alterations and adjustments to the existing pump starting and control equipment. In the event the cost of such alterations and adjustments exceeds the sum of $3,000, any excess shall be paid for as extra work pursuant to the provisions of Section VI above. In the event the cost of said alterations and adjustments is less than $3,000, the difference between such actual cost and $3,000 shall be credited to the village. The above named Engineers for the Village shall have general supervision of the work to be done by Centex and any and all decisions made by said Engineers with respect to any of the work to be done under the terms of this contract shall be binding upon the Village. " %ERO %EROI %ERO' I%CfO C VI+Y� COPY, COPYI {CU•Y � 2. That Section II of said Construction Contract be amended to read as follows: "It is mutually agreed that Centex shall receive as full compensation for the work hereinbefore described and for the conveyance of the real estate herinafter described as Parcels A and B the sum of One Hundred Fifty Nine Thousand Dollars ($159,000) . Payment of said sum is to be made to Centex as follows: When the well is drilled and tested $36,000.00 When all steel for the elevated storage 36,000.00 tank is delivered from the mill to the fabrication plant When all steel for elevated storage tank 18,000.00 is delivered to job site When well pump controls are installed 6,000.00 and ready for operation When erection of elevated storage tank 36,000.00 is completed When elevated storage tank is painted 27,000.00 and balance of work in contract is completed Total contract $ 159, 000.00 "It is understood and agreed that payments of the afore- said amounts by the Village to Centex are to be made from the proceeds of the sale of Water and Sewer Revenue Bonds, the issuance and sale of which have heretofore been authorized by appropriate ordinance duly adopted by the Village and that each of the several specified payments shall be made only upon certificate of the Village Engineers that such payment is in order. "It is also understood and agreed that all fees of Alvord, Burdick & Howson shall be and remain the sole cost and responsibility of the Village. " 3. That a new section be added to said Construction Contract to read as follows: "XIV" "Pursuant to agreement of the parties, the time of completion of the work to be performed by Centex shall be extended to a date 60 days subsequent to the date when the new well pump has been installed and is approved by the Village Engineers. " 4. It is further understood and agreed that any and all -2- XFR01 XEROI 'XERO %En0 coPY( j COPY 1 c^v'V T other provisions of said Construction Contract shall remain in full force and effect. IN WITNESS WHEREOF, The Village of Elk Grove Village has caused this Amendment to Construction Contract to be executed by its President, attested by its Village Clerk and its seal to be hereunto affixed, and Centex Construction Company, Inc. has caused this instrument to be executed by its Vice President, attested by its Secretary, and its corporate seal to be hereunto affixed, all as of this day of 1965. THE VILLAGE OF ELK GROVE VILLAGE i 7 Village President Attest: —1 Villae Clerk CENTEX CONSTRUCTION COMPANY, INC. By Vice President Attest: Secretary %LRO� '%ERO %ERO IXCRO Olay <OPY� (COPY, i Illy\