HomeMy WebLinkAbout02/11/1937 Board of Public Works Special Meeting Minutes280
_SPECIAL_ MELTING February
A special meeting of the Board of Public Works was held on Thursday, February ll,
1937, at 3:00 P. M All.members were present.
This being a special meeting, it was called for the purpose of considering
entering into an agreement with Burns & McDonnell Engineering Company, Kansas City,
Missouri, for the preparation of'plans for the establishment of a Sewage Disposal
Plant.
This Agreement was entered into with the Company and reads as follows:
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THIS AGREEMENT-, made and entered into this llth day of February, 1937, by
and between 'Burns & McDonnell ' Engineering Company, 'a partnership , organized under the
laws of the State of Missouri, 'party of the first part (hereinafter called the
"Engineers"), and the CITY OF.SOUTH'BEND, INDIANA, by and through its Board of Public
Works and Safety located in the State of Indiana, party, -of the second part (herein-
after called the "Owner").
This contract is made subject to the City and Towns Act 1905 and laws
amendatory and supplemental thereto, and the contracting parties stipulate and agree
that the Board of Public Works and Safety in signing this contract are bound by the
act covering such contracts and act -only insofar as such acts expressly permit to
contract and agree with others entering" -into contracts with the City, and that this,
contract is further subject to the ratification of the Common Council of the City of
South Bend
WITNESSETH, that in consideration of the -covenants and -agreements herein-
after mentioned
to be performed by the parties hereto and of the payments hereinafter
agreed to be
made, it is mutually agreed as,follows:
PRELIMINARY
1.
The Engineers agree to furnish all help, instruments, material and
SURVEYS
transportation, except as hereinafter specified, and to conduct a
thorough survey and investigation of the proposed sewer improvements
consisting of intercepting sewers, pumping stations, and sewage
treatment plant, and all items affecting them.
REPORT
2.
The Engineers agree to personally present to the Owner a written
report of the results of their surveys -and investigations.
MAPS,
3.
This report shall be accompanied by preliminary maps and drawings
ESTIMATES
of the proposed improvements. It shall further include -comparative
AND RECOM-
estimates of construction and operation costs on the various types
MENDATION
of sewage purification and pumping plants that may be required,
together with the Engineers) recommendation of plans, locations and
procedures.
APPROVAL
4.
The Engineers agree to present their report to the State Board of
OF
Health, and to make such changes as may be required to secure the
REPORT
cooperation and approval of said Board.
POSSESSION
5.
The Owner agrees to make accessible to the Engineers all available
OF
data affecting the proposed work. This shall include reports, plans,
RECORDS
maps, records or data -in the Owner's possession which may assist the
Engineers in their surveys and investigations.
FINAL
6.
After funds are provided the Engineers agree to prepare detailed
PLANS AND
working plans and complete specifications covering all parts of the
SPECIFICA-
final work for which funds are authorized.
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WtOUK
REVISION 7. If, due to bond election failure or for any other reason, funds are
OF not provided,.the Engineers agree to revise all estimates without
ESTDIA.T& additional cost, if and when, at any future date, funds may be
provided for the improvements covered under this contract.
8. Plans and specifications will be furnished to -the Owner and to
contractors bidding on -the work. The specifications will contain
lists of quantities, bidding blanks, proposal sheets, blank forms
of contract and -all information required for letting of contracts.
LETTING 9. The Engineers agree -to attend letting of contracts for materials
OF and construction, to advise and assist the Owner in the proper
CONTRACTS selection of materials and equipment.
SUPERVISION 10. The Engineers agree to furnish, competent and experienced engineers
OF CONSTRUC= for the supervision of the proposed improvements. They shall be
TION equipped with all necessary instruments, and shall remain on the
work during the period of construction, setting line and grade
stakes, inspecting all material and construction work, making out
monthly estimates on -the amount of work completed and materials on
hand, and shall also make monthly progress reports for use and
guidance of the Owner. - •
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MAL TEST 11. Upon completion of the construction; the Engineers agree to
AND REPORT- conduct final -operating tests "of - the entire completed works.
A written report, detailing the r sults of said tests, shall be
presented to the Owner.
CONSIDERA- 12: IN CONSIDERATION- of-perfoTmi:ng -the .above services the Owner
TION shall -pay to Burns ,& McDonnell Engineering Company an amount
equal to five percent- (50)... of 'the ' cost of said improvements.
Payments_ shall be made as follows:
Forty=Five Hundred -Do lars-($4500.00) at the time of comple-
tion and presentation.. to the_.Owner- of °the_.Preliminary Surveys,
Plans, Maps; Estimates and Reports -.receipt of which is hereby,,
acknowledged: This payment shall be -allowed as a credit towards
the total payment of five percent eM (50) above referred to.
ONE AND'ONE-HALF.PERCENT (1J01o)`of t-he estimated cost of said
improvements,-iess previous payment of Forty -Five Hundred
Dollars ($4500.00), at`the time of completion of the 'field work.
TWO PERCENT (2o) of the estimated cost of -said improvements,
at the- time of -the completion and -presentation to.; the Owner of
the Finial Plans and -Specifications;
And the balance- required to make the total of five percent
(50) of the actual cost -of said -improvements, shall be due and
payable at the time of the completion; final test and accep-
tance of the construction work.
13. It is agreed that after -completion, submission and approval
of Final Plans and Specifications, if changes are required -
through no fault of the Engineers then the actual cost of such
changes shall be.paid for by the Owner.
14. It is agreed that the payment shall be based upon the.actual
cost of the construction work, exclusive'of land, right-of-way,
engineering and legal expenses.
15. It is agreed -to begin the -above -engineering work and services
within ten (10) days from the date of execution of this contract,
and to prosecute the same to completion without interruption.
16. And the said Burns & McDonnell Engineering- Company, a part-
nership, above referred to, stipulate and agree that they are
authorized to -operate and comply -fully with the laws of the
State of Indiana, and that the representations in this agree-
ment and the signature to -this -agreement by R. E. McDonnell is
fully authorized by the terms of the partnership filed in the
proper -offices in the County at Kansas City, Missouri.
Given under our hands and seals this llth day of February, 1937.
PARTY OF THE FIRST PART
BURNS & MCDONNELL ENGINEERING COMPANY
By R. E. McDonnell
PARTY OF THE SECOND PART
FOR THE CITY -OF SOUTH BEND, INDIANA
THE BOARD OF PUBLIC WORKS AND SAFETY
Frederick J. Anderson
Edwin W. Hunter
Fred Woodward
ATTEST:
Geor a 0. Thurn
CLERK OF THE" BO " OF PUBLIC
WORKS AND SAFETY
The purpose of the meeting having been accomplished, the meeting adjourned
at 4:00 P. M.
AT. ,! .,�.�®.....�....�_� Clerk