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HomeMy WebLinkAboutApproving the Contract between Board of Water Works Commissioners and Clyde E. Williams & Associates Inc.ORDINANCE No. 4245 - - -58 Passed by the Common Council of the City of South Bend, Indiana SEPTEMBER 22 igg 58 City Clerk " Li `1 : President of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana SEPTEMBER 23, Clerk Approved and signed by me SEPTEMBER 23, E-- 3 UP � '58 AM U65 F I LCD +� t CITY OF SOUTH BEND ` //l, J FRCDa G. lOELE. CLERK ORDJNANCE NO, AN ORDINANCE APPROVING THE CONTRACT BETWEEN BOARD OF WATER WORKS COMMISSIONERS OF THE CITY OF SOUTH BEND AND CLYDE E. WILLIAMS & ASSOCIATES, INC., DATED. AUGUST 25, 1958, FOR SURVEY AND STUDY OF WATER SUPPLY REQUIREMENTS. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION T, That the contract entered into on the 25th day of August, 1958 between the Board of Water Works Commissioners of the City of South Bend and Clyde E. Williams & Associates, Inc. , as set forth in full below, is hereby approved and confirmed: CONTRACT THIS AGREEMENT made and entered into this 25th day of August, 1958, by and between the CITY OF SOUTH BEND, a municipal corporation of the State of Indiana, by and through its Water Works Board, hereinafter designated as the "CIty" and CLYDE E. WILLIAMS & ASSOCIATES, INC., of South Bend and Indianapolis, Indiana, herein- after designated as the "Engineer ". WITNESSETH: That, WHEREAS, the City is desirous of improving its water works system by the development of new well fields to supplement present water sources, by the installation of additional mains to eliminate dead ends, by the installation of main extensions to newly developed areas, and by the installation of water storage facilities, and WHEREAS, preliminary information and data are necessary to determine the extent and general location of new well fields, the amount of additional mains required, the quantity of storage needed to adequately serve the City, and WHEREAS, detailed plans and specifications are necessary for economic bidding on the proposed improvements, and WHEREAS, the Engineer is an engineer qualified to design, make drawings, plans, specifications, reports, analyses, and recom- mendations relating to the proposed improvements. NOW, THEREFORE, the parties hereto hereby agree as follows: ARTICLE 1, 1. The Engineer agrees to make preliminary surveys, assemble data, make engineering studies, and prepare a written report setting forth the feeder main extensions needed, the proposed new sources of water supply, and the volume of new storage required. A study shall be made of the water supply requirements of the City, to determine the extent and location of new well fields which will be required to serve present and future needs. A study shall be made of the distribution system to deter- mine the need for feeder extensions to newly developed areas, and to determine the need for supplementing some of the existing mains to provide more adequate circulation in the system. An analysis of the water supply facilities will be made to determine the volume of storage needed, and the location of such storage to best meet the requirements of the City. The written report to be made under this Contract shall be pre- pared to include the following areas: AREA NO 1 The northwest portion of the City, including the proposed German Township annexation. AREA NO 2 The northeast portion of the City, including anticipated future annexation areas, bounded by Cleveland Road on the north, Hickory Road on the east and U. S. 31 on the west. AREA NO. 3 The southeast portion of the City, including anticipated annexation, bounded by Kern Road on the south, Ironwood Road on the east and Kemble Street extension on the west. AREA NO. 4 River Park area with special reference to increased circulation and higher pressure. AREA NO, 5 The westerly portion of the City, including anticipated future annex- ation, bounded by Pine Road on the west, Sample Street on the south, and Elwood and Lincoln Way West on the north. The Engineer agrees to prepare the written report as described above in two parts as follows: PRELIMINARY REPORT, indicating proposed feeder main locations, proposed new sources of water supply, proposed water storage facilities, and all other proposed facilities and improvements. This shall also include recommendations on the scope of tests to be conducted by the City (under separate Contract) for new sources of water, including the number and location of proposed test wells, desired test pumping procedures, a listing of analyses and test interpretations to be obtained under the test program, and all related matters. AMENDED REPORTS to be prepared after completion of the City's test program for new sources of water supply. This shall include a re —study of new well requirements, feeder main locations and sizes for newly developed areas, the extent of new water storage facilities, and cost figures for the proposed facilities. The analysis, of all proposed new facilities will be classified into separate categories for an immediate construction program, a near- future program, and a long -range program. Z. Upon written authorization to proceed, the Engineer agrees to prepare detail plans, maps, plat, drawings, charts, profiles, blue prints, specifications, proposal forms, bond forms, contract forms, and other information as may be necessary for economic bidding on the construction of those portions of the improvements as decided and speci- fically authorized by the City. The foregoing shall be furnished to the City in sufficient numbers to process the work and to furnish copies to the State Board of health and to any other public body or public authority having power to approve, disapprove, inspect, or supervise the improve - ments contemplated. 3. The Engineer agrees to assist in the advertising and receiving of bids for the construction, for the sale of the bonds, and the award of a contract for the improvements. The Engineer agrees to assist and cooperate with the City Attorney in the preparation of reports for ordinances and all other legal documents pertaining to the improvements, and the sale of the bonds.; to make appearances and to attend conferences and consultations and provide expert engineering testimony when needed by the City or its Attorney. The Engineer agrees to revise the plans and specifications by deleting portions of the proposed work, when necessary to keep the cost of the project within the funds available for financing the proposed improvements. 4. The Engineer agrees to provide general supervision of the construction consisting of periodic inspection of the work as it progresses, the preparation of partial estimates, the final inspection and measurement of the work, and approving its final completion, inspection of all materials of construction, and all mechanical equipment to the extent necessary to insure full compliance with the contract drawings and specifications. The Engineer also agrees to prepare and furnish a complete set of record drawings of all the new work as constructed. 5. The Engineer agrees to provide field engineering services necessary in the staking and layout out of the work for the Contractor, and continuous inspection of the construction work as it progresses, if it is requested and authorized by the City in writing. ARTICLE II, The City agrees to pay the Engineer for the services outlined in Article I above as follows: 1. For the services outlined in paragraph 1 of Article I above, the fee shall be as follows: For the PRELIMINARY REPORT the fee shall be One Thousand Six Hundred Dollars ($1, 600. 00). For the AMENDED REPORT the fee shall be Two Thousand Eight Hundred Dollars ($2, 800. 00). Said sums shall be paid from funds made available for that purpose by the City, upon completion of the respective REPORTS. Subject to authorization and upon completion of the work outlined under Article I, paragraphs 2, 3, above, the fee shall be based upon the following table; and Seventy -- five Percent (75 %) of said fee, leas a credit in the amount of Ten Percent (10 %) of said fee but not to exceed a maximum of Four Thousand Four Hundred Dollars ($4, 400. 00) shall be due and payable. Said net fee may be paid from funds obtained through the sale of bonds to finance the project. If the Total Construction Cost Is: Under $50, 000 $50, 000 to $150, 000 $150,000 to $250,000 $250,000 to $350,000 $350,000 to $450,000 $450, 000 to $550,000 $550,000 to $650,000 $650,000 to $750,000 $750, 000 to $850,000 $850,000 to $950,000 $950,000 to $1,500,000 The Percentase Fee Shall Be 10 % 7.25% 6.31% 5.84% 5.5% 5.26% 5.08% 4.93% 4.8% 4.69% 4.6% 3. The remaining Twenty -five Percent (251o) of the above fee is for work as set forth in Article I, paragraph 4, and is due and payable as the work progresses and in proportion to the partial payments made to the Contractor. Final payment for this phase of the work shall be due and payable upon final completion of the work, its approval and acceptance. Any adjustments in the payment of fees to the Engineer shall be made in the final payment. 4. For the inspection services outlined in Article I, paragraph 5, and for any additional services required, and authorized by the City, the fee shall be equal to the payroll cost incidental to such additional services plus One Hundred Percent (100 %) for overhead and profit and plus travel and subsistence and other expense directly incidental to the project. ARTICLE III. The City agrees to pay directly the cost of all test wells, test borings, sub- surface explorations or other investigations that may be required, and to pay for chemical, mechanical or other tests when required, and the cost of any geophysical consultantts reports. The City agrees to pay for computations, determinations, and tabulations of special assessments, auditing, accounting, consumer studies, and other accounting studies and accounting testimony that may be necessary fora thorough presentation of the project. The City agrees to pay the expense of preparation of Prospectus for sale of bonds, including the printing and mailing of engineering data, bond ordinance and bond sale notice. ARTICLE IV. It is further mutually agreed by the parties hereto: 1. That the Engineer's estimated cost shall be used as a basis for monthly partial or final payments until actual costs have been established by proposals or completion of contracts for construction. 2. That partial payments may be made under Article II, paragraphs 2 and 3 if requested by the Engineer and approved by the City. 3. That the cost used as a basis for computation of pay - ments means the cost to the City of the entire construction, including all materials, labor and use of equipment and without deductions on account of penalties, liquidated damages, or other amounts. withheld from payments to: Contractors, but such costs shall not include the engineering fee or other payments to the Engineer under this agreement. The cost of construction does not include the cost of lands, right -of -way, or compensation for damages to property, legal, accounting, and advertising fees. 4. That the drawings and specifications are instruments of service and as such the original documents, tracings, and field notes are and remain the property of the Engineer, whether the work for which they were prepared be executed or not, and shall not be used by the City for any other 'project or construction. 5. That all questions in dispute under this agreement shall be submitted to arbitration at the choice of either party hereto. ARTICLE V. Both parties hereto agree to lend their best efforts at all times to the full and faithful performance of the covenants herein contained to the ®d that the improvement may be completed in an efficient and businesslike manner and as inexpensively as possible, con- sistent with safety and with the minimum of delay so that the same when completed will be a credit to the citizens of the community and will fulfill the requirements for which they were designed. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 25th day of August, 1958. ATTEST: Fred G. Wagner Superintendent ATTEST: Clyde E. Williams, Jr. Assistant Secretary BOARD OF WATER WORKS COMMISSIONERS CITY OF SOUTH BEND, INDIANA Frank J. Bruggner Raymond S. Andrysiak Irving J. Smith CLYDE E. WILLIAMS & ASSOCIATES,, INC* By: Clyde E. Williams President SECTION Ile' This ordinance shall be in full force and effect from and after its adoption and,approval by the Mayor. let'& 2nd READWl; OOMMITTIEW THE VM PUBLIO HEAIM 3rd REAMS NOT PflilIVED REM "ED s. PASSED Ot Member of the Common Co-uncil SFP '58 AN ij 12 '- 9i 2 .............. 4. C"YOF �300- LFIVO v �L> ............. .......... ....................... .............. .......................... ................ ......................... 7