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HomeMy Public PortalAboutR0214 R E S O L U T I O N NO. 214 WHEREAS, The Metropolitan St. Louis Sewer District and the firm of Horner and Shifrin, Consulting Engineers, entered into a contract on the 2nd day of June, 1955 to perform professional engineering services in the preparation of certain studies, plans and engineering services for Subdistrict No. 1 of the River des Peres in the Creve Coeur-Frontenac Area of The Metropolitan St. Louis Sewer District, and WHEREAS, at the time of entering into said contract it was contemplated that the entire subdistrict would be sewered by one system of sewers to be financed by one bond issue to be approved by voters of said subdistrict and all engineering services were to be completed within 150 days, and WHEREAS, since that time because of conditions beyond the control of the parties to said contract to wit: The limitation of the Constitution providing that bonds can only be issued in the amount of 5% of the assessed valuation of the subdistrict and because of the advice of the firm of Goldman, Sachs & Company, our Financial Advisers, it was decided that the trunk and subtrunk sewers in the Creve Coeur-Frontenac Subdistrict would be built as one project and financed by an over-all bond issue in said subdistrict and the lateral sewers would be built by separate special benefit assessment subdistricts, and WHEREAS, this method of construction of sewers in the Creve Coeur-Frontenac Subdistrict has resulted in a material extension of the engineering services over an extensive period of 2 time well beyond the time provided in the contract, resulting in increased costs to the engineer. NOW, THEREFORE, be it resolved that the contract entered into by and between The Metropolitan St. Louis Sewer District, a municipal corporation, and the firm of Horner and Shifrin, Consulting Engineers, executed on the 2nd day of June, 1955 be amended as follows: 1. Article IV - Time of Completion - is hereby amended by adding an additional paragraph which shall read as follows: 2. All engineering services required to furnish complete plans and specifications for sanitary sewers to serve all of the lateral subdistricts within Subdistrict No. 1 of the River des Peres Watershed in the Creve Coeur- Frontenac area shall be commenced immediately upon notice to proceed from the Executive Director, and all plans and specifications shall be completed within three hundred sixty-five (365) calendar days from the date of the notice to proceed. The ENGINEER shall proceed in an orderly manner as directed by the Executive Director and the ENGINEER shall furnish to the District complete plans and specifications for each special benefit subdistrict as they are completed. 3 2. Article V - Fees and Payments - the third paragraph is hereby amended so that that paragraph as amended shall read as follows: A fee equal in amount to five percent (5%) of the said approved estimated cost of construction work, payable on account in four (4) equal quarterly amounts from which ten percent (10%) of the amount has been withheld, and beginning on the first day of the first full month after the ENGINEER has been notified to proceed with the work under Phase 2 of this contract. 3. Article VI of said contract is hereby amended by adding the following provision as paragraph 2 of said article: 2. Upon completion, presentation, approval and acceptance by the Director of any special benefit subdistrict boundary map and legal description of the established boundary, a fee of Five Hundred Fifty Dollars ($550.00) per mile of boundary length shall be paid to the ENGINEER. PROVIDED, however that if any portion of the boundary length shall have been previously described in connection with another district or subdistrict it shall not be included in the length for which payment 4 is to be made. All such amendments having been agreed to by Horner and Shifrin, Consulting Engineers. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to amend said contract and execute an addenda thereto which is necessary to carry out the provisions of this resolution. 5 The foregoing Resolution was adopted October 22, 1958.