Fort Wayne Ordinance S-92-01-25

14 Pages·0.94 MB·

by  City of Fort Wayne, Indiana

BILL NO. S-92-01- 7 S
SPECIAL ORDINANCE NO. S- R-S)
AN ORDINANCE approving CONTRACT 91-
W-08, ST. MARY'S FEEMADIN EbetRwee n
LANDRAIL INC. and the City of Fort
Wayne, Indiana, in connection with
the Board of Public Works.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL
OF THE CITY OF FORT WAYNE, INDIANA:
SECTION 1. That CONTRACT 91-W-08, ST. MARY'S FEEDER
MAIN by and between LANDRAIL INC. and the City of Fort
o-0QfCNHOYFLo»' 1O
Wayne, Indiana, in connection with the Board of Public
Works, for:
the furnishing of all labor,
material, equipment, tools, power,
transportation, miscellaneous
equipment, etc., necessary for the
following: To install 520+/-LF of
24" Ductile Iron Water Main known as
the St. Mary's Feeder Main
Relocation along the west side of
the Three Rivers Filtration Plant;
the contract price is One Hundred Eighteen Thousand Nine
Hundred Ninety and no/100 Dollars ($118,990.00), all as
more particularly set forth in said Contract, which is on
file in the Office of the Board of Public Works and, is
by reference incorporated herein, made a part hereof, and
is hereby in all things ratified, confirmed and approved.
Two (2) copies of said Resolution are on file with the
Office of the City Clerk and made available for public
inspection, according to law.
SECTION 2. That this Ordinance shall be in full
force and effect from and after its passage and any and
all necessary approval by the Mayor.
i9 P
APPROVED AS TO FORM
AND LEGALITY
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CONSTRUCTION CONTRACT
Board Order 173-91 Contract 91-W-08 Work Order 64294
THIS CONTRACT made and entered into in triplicate this // day of Decem BER. : ,1991,
by and between LANDRAIL INC., herein called CONTRACTOR, and the CITY OF FORT WAYNE,
INDIANA, an Indiana Municipal Corporation, acting by and through the MAYOR and the BOARD OF
PUBLIC WORKS AND SAFETY, herein called OWNER;
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named,
agree as follows:
ARTICLE 1: SCOPE OF WORK
CONTRACTOR shall furnish all labor, material, equipment, tools, power, transportation, miscellaneous
equipment, etc., necessary for the following:
TO INSTALL 520+ LF OF 24" DUCTILE IRON WATER MAIN KNOWN AS
THE ST. MARY'S FEEDER MAIN RELOCATION ALONG THE WEST SIDE OF
THE THREE RIVERS FILTRATION PLANT.
all according to FORT WAYNE WATER UTILITY DRAWING NUMBER Y-10669, and do
everything required by this contract and the other documents constituting a part hereof.
ARTICLE 2: THE CONTRACT SUM
The OWNER shall pay CONTRACTOR for the performance of the contract the unit price sum of
$118,990.00 (ONE HUNDRED EIGHTEEN THOUSAND NINE HUNDRED NINETY DOLLARS -
AND NO CENTS). In the event the amount of work is increased or decreased by OWNER, the contract
sum shall be increased or decreased according to the unit price schedule set forth in the
CONTRACTOR'S Proposal.
ARTICLE 3: PROGRESS PAYMENTS
The OWNER shall make payments on account of the contract as provided herein, as follows:
Monthly progress payments will be made by OWNER upon submission of a statement of quantities of
work completed and/or materials supplied to the job site as of the end of each month. On or about the
constrct.cnt
15TH DAY of the following month, ninety (90%) percent of the value of the work performed up to the
first day of that month (based on the contract price of labor and materials incorporated in the work) and
as estimated by the CONTRACTOR and approved or revised by the Engineering Department of the
OWNER less the aggregate of previous payments, will be paid by OWNER to the CONTRACTOR.
ARTICLE 4: ACCEPTANCE AND FINAL PAYMENT `
Final payment shall be due at the time the work is fully completed and accepted and the contract is fully
performed.
Upon filing of a Completion Affidavit by the CONTRACTOR that the work is ready for final
inspection and acceptance, the Board of Public Works and Safety will direct the Engineering
Department of the OWNER to promptly make such inspection. When the Engineering Department
finds the work acceptable under the contract, and the contract is fully performed, it shall so inform the
Board of Public Works and Safety, which shall issue a final certificate stating that the work provided
for in this Contract has been completed and is accepted. Thereupon, the entire balance of the Contract
sum shall be due and payable to the CONTRACTOR; provided only that CONTRACTOR shall first
furnish OWNER, if requested to do so, satisfactory evidence that all persons who have supplied labor,
material, or equipment for the work have been fully paid, and all required manpower utilization reports
for this project have been submitted.
ARTICLE 5: WORKMEN'S COMPENSATION ACT
The CONTRACTOR will furnish immediately a certificate from the Industrial Board of the State of
Indiana, that he has complied with the Workmen's Compensation Act in accordance with Statutes of
the State of Indiana and Ordinances of the City of Fort Wayne.
Any judgment rendered against the City of Fort Wayne in any suits for Damages for injury to real or
personal property, or for injury sustained by any person growing out of any act or doing of ^
CONTRACTOR, or its agents, employees or workmen or any judgment of any court or award of any
Board of Arbitrators or of the Industrial Board of the State of Indiana rendered against the City of
Fort Wayne in any suit or claim arising under said Workmen's Compensation for accidental injuries
or death suffered by his employees or the employees of any Subcontractor(s) in the course of their
employment, when notice of the pendency of such suit, hearing or arbitration shall have been given said
CONTRACTOR, shall be conclusive against CONTRACTOR as to amount, liability and all other things
pertaining thereto; it being the intent of the parties hereto that CONTRACTOR indemnify and hold
harmless OWNER in the premises.
ARTICLE 6: NONDISCRIMINATION OF LABOR
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The CONTRACTOR further agrees to be bound by Section 15-13 (as amended), of the Code of the
City of Fort Wayne, Indiana of 1974, passed by the Common Council of the City of Fort Wayne,
Indiana as General Ordinance No. G-34-78 (as amended) on December 12th, 1978. The successful
bidder shall file a Manpower Utilization Report for this project with the Compliance Office within ten
(10) days after completion of construction or upon request of the Office of Compliance.
ARTICLE 7: PREVAILING WAGE SCALE
The CONTRACTOR agrees to pay, and also require of his subcontractors that they pay wage rates on
the work covered by this contract which shall not be less than the prescribed scale of wages as determined
pursuant to the Statutes of the State of Indiana, and the Ordinances of the City of Fort Wayne
according to the applicable wage scale as included in the bid documents.
ARTICLE 8: COMPONENT PARTS OF THIS CONTRACT
The following documents are as fully a part of the contract as if hereto attached or herein repeated:
. Advertisement for Bids for Contract/Resolution 91-W-08
Instructions to Bidders for Contract/Resolution 91-W-08
Contractor's Proposal dated 11-20-91
Fort Wayne Engineering Department Drawing Number Y-10669
eongSmup plemental Specifications for Contract/Resolution 91-W-08
Workman's Compensation Act, Statutes of the State of Indiana and Ordinances of
Fae
the City of Fort Wayne
Non-Discrimination of Labor, General Ordinance Number G-34-78 (as amended)
Prevailing Wage Scale
Performance and Guaranty Bond.
Labor and Material Payment Bond
Right-of-Way Cut Permit
Comprehensive Liability Insurance Coverage
Bmoasr o
Form 96
ARTICLE 9: GUARANTEE OF WORKMANSHIP
At the time of execution of this contract, the CONTRACTOR shall furnish a Performance and
Guaranty Bond in favor of the City of Fort Wayne in the amount of the total value of the materials
supplied and/or work performed under the terms of this contract. The said bond shall ensure the
completion of the work covered hereunder and shall guarantee the materials and workmanship for a
period of one (1) year following written acceptance of the work by the OWNER.
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ARTICLE 10: INDEMNITY
CONTRACTOR shall furnish to OWNER, within ten (10) days of the date hereof, a certificate from
an insurer acceptable to OWNER showing personal injury and property damage insurance, in force and
issued in connection with the work to be performed under this Contract, in amounts satisfactory to
OWNER and in accordance with the Statutes of the State of Indiana;
ARTICLE 11: ADJUSTMENTS OF DISPUTES
All questions or controversies which may arise between the CONTRACTOR and the OWNER under
the provisions of this Contract shall be subject to the decision of the Director of Board of Public Works
and Safety of the OWNER, and his decision shall be final and conclusive upon the parties.
Provided, however, no changes in the plans, specifications, or other phases of work covered by this
Contract will be permitted except on prior written authorization by the Board of Public Works and
Safety.
ARTICLE 12: COMPLETION DATE
The CONTRACTOR agrees to complete the work specified in the contract within ONE HUNDRED
TWENTY (120) consecutive calendar days after having been ordered by the OWNER to commence
work under this contract.
ARTICLE 13: COUNCILMANIC APPROVAL
This Agreement, although executed on behalf of the OWNER by the Mayor and Board of Public Works
and Safety of the City of Fort Wayne, Indiana, shall not be binding upon the OWNER unless and until
the same shall have been ratified and approved by the Common Council of the City of Fort Wayne,
Indiana, and should said Common Council fail to approve the same within ninety (90) days after the
date hereof, then this Contract shall be and become wholly void.
ARTICLE 14:
This contract is governed by Laws of the State of Indiana.
constrct.cnt
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written.
CONTRACTOR: LANDRAIL, INC.
CITY ORT WAYNE
BY: No» 29, BY: ~ |A L
JOY B UN PRESIDENT PAUL HELMKE, MAYOR
CHARLES E. LAYTON, DIRECTOR
PUBLIC WORKS
BY:
AS M. LEHMAN, DIRECTOR
BY: LZ, Ve A `
f, Lo KATHERINE A. CARRIER, MEMBER
PATRICIA -X- CRICK, CLERK
APPROVED AS TO FORM AND LEGALITY BY:
ASSOCIATE CITY ATTORNEY
THIS DOCUMENT PREPARED BY: TERRY L. ATHERTON, P.E., L.S., DIRECTOR OF
WATER RESOURCES, ENGINEERING, AND SERVICES
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ACKNOWLEDGEMENT
STATE OF INDIANA)
SS:
COUNTY OF ALLEN)
BEFORE ME, a Notary Public, in and for said County and State, this. day of
, 1991, personally appeared the within named JOY BRAUN who being by me first duly sworn upon his
oath says that she is the PRESIDENT of LANDRAIL, INC., and as such duly authorized to execute the
foregoing instrument and acknowledged the same as the voluntary act and deed of LANDRAIL, INC.,
for the uses and purposes therein set forth.
IN WITNESS WHEREOF, hereunto subscribed my name, affixed my official seal.
Notary Public
Printed Name of Notary
My Commission Expires:
SKS
Resident of | Lech County.
constrct.cnt
ACKNOWLEDGEMENT
STATE OF INDIANA)
SS:
COUNTY OF ALLEN) i e all
BEFORE ME, a Notary Public, in and for said County and State, this _/ day of :
, 1991, personally appeared the within named Paul Helmke, Charles E. Layton, Michael
McAlexander, Douglas M. Lehman, Katherine A. Carrier, and Patricia Crick, by me personally
known, who being by me duly of sworn said that they are respectively the Mayor of the City of Fort
Wayne, and Director, Members, and Clerk of the Board of Public Works and Safety of the City of
Fort Wayne, Indiana, and that they signed said instrument on behalf of the City of Fort Wayne, Indiana,
with full authority so to do and acknowledge said instrument to be in the voluntary act and deed of said
City for the uses and purposes therein set forth.
IN WITNESS WHEREOF, hereunto subscribed my name, affixed my official seal.
ry Public -
MotaA public, `
NOTAUN ;
Printed Name of Notary
My Commission Expires:
Resident of County.
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