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
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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.
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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
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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.
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The foregoing Resolution was adopted October 22, 1958.