BILL NO. S-94-12- 3 3 1 SPECIAL ORDINANCE NO. S- 2 AN ORDINANCE approving Contract 3 #518-94 HAWTHORNE ST./SOUTHERN CT. AREA DRAINAGE IMPROVEMENT between 4 SITE CONTRACTORS, INC. and the City of Fort Wayne, Indiana, in 5 connection with the Board of Public Works. 6 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON 7 COUNCIL OF THE CITY OF FORT WAYNE, INDIANA 8 SECTION 1. That the Contract #518-94 HAWTHORNE 9 ST./SOUTHERN CT. AREA DRAINAGE IMPROVEMENT by and between 10 SITE CONTRACTORS, INC. and the City of Fort Wayne, 11 Indiana, in connection with the Board of Public Works, is 12 hereby ratified, and affirmed and approved in all 13 respects, respectfully for: 14 Hawthorne St./Southern Ct. Area Drainage 15 Improvement, the contractor shall furnish all labor, material, equipment, tools, power, 16 transportation, miscellaneous equipment, etc., necessary for the following construction; 17 Installation of 2900± L.F. of 12''-27” Storm Sewers, 14 Manholes, 13 Inlets, 1800± L.F. of 18 Road Side ditch/Swale, Complete Restoration & Seeding; 19 involving a total cost of One Hundred Forty-Five Thousand 20 Eighty-Eight and 58/100 Dollars ($145,088.58.) 21 Two copies of said Contract are on file with the Office 22 of the City Clerk and made available for public 23 inspection, according to law. 24 SECTION 3. That this Ordinance shall be in 25 full force and effect from and after its passage and any 26 and all necessary approval by the Mayor. 27 28 29 Council Member 30 31 APPROVED AS TO FORM AND LEGALITY 32 J. Timothy^McCaulay7 City Attorney Read the first time in full and on motion by seconded—by _^, ^ and duly ^dopte^,^ the second time by title and referred to the Committee on ^_ (and the City Plan Commission for recommendation")”^!^^ to^fcie held aftei due legal notice, at the Common Council inference Room l^B7-t5i±y-county Building, Fort Wayne, Indiana, on , the dav of 19 , at^ ^ ■“—MM-., ,, 'EE.. S.T /J 7 - "P 9^ DATED : " SANDRA E. KENNEDY, CITY CLERK/ Read the third time in full and on motion by secorl'ded“by _snd duly adopted, placed on its passage PASSED -be-ST by the following vote: AYES NAYS ABSTAINED ABSENT cZJ TOTAL VOTES BRADBURY EDMONDS GiaOUINTA HENRY LONG LUNSEY RAVINE SCHMIDT TALARICO DATED: SANDRA E. KENNEDY, CITY CLERp/ Passed and adopted by the Common Council of the Citbyy ooff FFoorr t Wayne, Indiana, as (A.NNB^fATTOTTl- -(A'FFROP RIAAIL ONT" (general), (SPECIAL) (ZONING) oei5iA[ance resolution no on the day of ATTEST (^L) SANDRA E. KENNEDY, CITY CLERPf PRESIDING "O5] ^1 Presented by me to the Mayor of the Ciji^^ of Fort Wayne, Indiana, oh the_//Ct/J_day of_ at the hour of o'clock ,.// ■' 3d SANDRA E. KENNEDY, CITY CLERK, Approved and signed by me this _day of i A 19 SS at the hour of 2.-o*> o'clock ' M. , E.S.T. DUl ^ Cr\>^ PAUL HELMKE, MAYOR BILL NO. S-94-12-33 REPORT OF THE COMMITTEE ON CITY UTILITIES SAMUEL J. TALARICO - JANET G. BRADBURY - CO-CHAIR ALL COUNCIL MEMBERS WE, YOUR COMMITTEE ON_CITY UTILITIES_TO WHOM WAS REFERRED AN (ORDINANCE) fRf:£mi¥Sa3<5N»y approving Contract #518-94 _HAWTHORNE ST./SOUTHERN CT. AREA DRAINAGE IMPROVEMENT between SITE _CONTRACTORS. INC, and the City of Fort Wayne, Indiana, In connection with the Board of Public Works HAVE HAD SAID (ORDINANCE) (RES®imi0J3)O UNDER CONSIDERATION AND BEG LEAVE TO REPORT BACK TO THE COMMON COUNCIL THAT SAID (ORDINANCE) _ ABSTAIN NO REC DATED: Sandra E. Kennedy City Clerk STORMWATER CONTRACT 518-94 HAWTHORNE ST./ SOUTHERN CT. AREA DRAINAGE IMPROVEMENT BOARD ORDER NO. 7-94_ WORK ORDER NO. 80069 THIS CONTRACT made and entered into this day of 994, by and between SITE CONTRACTORS, INC.hereinafter called CONTRACTOR and the City of Fort Wayne, Indiana, an Indiana Municipal Corporation, acting by and through the Mayor and the Board of Stormwater Management, herein called OWNER; WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named, agree as follows; ARTICLE I; SCOPE OF WORK CONTRACTOR shall furnish all labor, material, equipment, tools, power, transportation, miscellaneous equipment, etc., necessary for the following construction: Installation of 2900+ L.F. of 12" - 27" Storm Sewers, 14 Manholes, 13 Inlets, 1800+ L.F. of Road Sideditch/Swale, Complete Restoration and Seeding. all according to Resolution No. 518-94 , and Drawing No. SY-11312 , Sheets 1-10 , and do everything required by this contract and the other documents constituting a part hereof. ARTICLE 2: THE CONTRACT PRICE The OWNER shall pay CONTRACTOR for the performance of the contract the unit price sum of ONE HUNDRED FORTY FIVE THOUSAND EIGHTY EIGHT AND 58/100 Dollars ($145,088.58). 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 AND RETAINAGE The CONTRACTOR may submit requests for payments no more often than every thirty (30) days for work performed and accepted under the contract. If the contractor is in compliance with the provisions of the contract, the Board will make payments for such work performed and completed. However, in any such case, the Board will retain ten percent of the (107o) total amount owing to insure satisfactory completion of the contract and to insure contractor's compliance with the E.B.E. Rider attached to this contract. Payments to the Page 1 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA contractor are not to exceed 90% of the total contract amount until the OWNER has verified that the CONTRACTOR has made good faith efforts to attain the E.B.E. goal stipulated in the E.B.E. Rider attached hereto. If the contract is in excess of $100,000 the contract will be subject to the standard Board of Stormwater Management escrow agreement. However, payment of the final 10% of the total contract amount will be dependent upon good faith efforts to comply with the E.B.E. Rider, and subject to appropriate reduction in the event of non-compliance, as provided in paragraph 6 of the E.B.E. Rider attached hereto. ARTICLE 4: ACCEPTANCE AND FINAL PAYMENT Final payment shall be due at the time the work is fully completed and accepted and the contract, including the E.B.E. Rider, is fully performed. Payments to the CONTRACTOR are not to exceed 90% of the total contract amount until the OWNER has verified that the CONTRACTOR has made good faith efforts to attain the E.B.E. goal stipulated in the E.B.E. Rider attached hereto. Upon filing of a Completion Affidavit by the CONTRACTOR that the work is ready for final inspection and acceptance, the Board ofStormwater Management will direct the Engineering Department of the OWNER to promptly make such inspection, and will direct the Contract Compliance Department of the OWNER to make a final recommendation on whether the CONTRACTOR made good faith efforts to attain the E.B.E. goal stipulated in the E.B.E. Rider. When the Engineering Department finds the work acceptable under the contract and the contract is fully performed, it shall so inform the Board of Stormwater Management. Likewise, when the Contract Compliance Department determines that the CONTRACTOR'S efforts constitute good faith efforts to attain the E.B.E. goal as agreed in the E.B.E. Rider, it shall so inform the Board of Stormwater Management through an E.B.E. Compliance Final Report. Upon receiving both the Engineering Department's and the Contract Compliance Department's recommendations, the Board of Stormwater Management shall issue a final certificate stating that the work provided for in this Contract has been completed and accepted, and further stating that the E.B.E. Rider goal has been met. Thereupon, the entire balance of the contract sum shall be due and payable to the CONTRACTOR; provided only that the 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. Page 2 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA In the event that the Board of Stormwater Management determines that good faith compliance with the E.B.E. Rider has not occurred, appropriate reduction in the final payment will be made pursuant to paragraph 6 of the E.B.E. Rider attached hereto. Said amount shall be added to the City of Fort Wayne E.B.E. Bond Guarantee Fund and CONTRACTOR agrees to accept the reduced amount as full payment under the terms of his/her contract. If the contract is in excess of $100,000 the contract will be subject to the standard Board of Stormwater Management escrow agreement. However, payment of the final 10% of the total contract amount will be dependent upon good faith efforts to comply with the E.B.E. Rider, and subject to appropriate reduction in the event of non-compliance, as provided in paragraph 6 of the E.B.E. Rider attached hereto. 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 the 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 or injury to real or personal property, or for any 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 or subcontractors 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: NON-DISCRIMINATION OF LABOR 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 12, 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. Page 3 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA 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: a. Advertisement for Bids, for Contract No. 518-94 b. Instructions to Bidders for Contract No. 518-94 c. Contractor's Proposal dated Nov. 23, 1994 d. Fort Wayne Engineering Department Drawing No.SY-11312 e. Supplemental Specifications for Contract No. 518-94 f. Workmen's Compensation Act, Statutes of the State of Indiana and Ordinances of the City of Fort Wayne g. Non-Discrimination of Labor, General Ordinance No. G-34-78 (as amended) h. Prevailing Wage Scale i. Performance and Guaranty Bond j. Labor and Material Payment Bond k. Minority/Female Employment Hourly Utilization l. Right-of-Way Cut Permit m. Comprehensive Liability Insurance Coverage n. EBE Declaration Rider 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. 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 property damage insurance, in force and issued in connection with the work to be performed under this Contract, in Page 4 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA amounts satisfactory to OWNER and in accordance with the Statutes of the State of Indiana. ARTICLE 11: ADIUSTMENTS 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 Stormwater Management 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 the work covered by this contract will be permitted except on prior written authorization by the Board of Stormwater Management. ARTICLE 12: COMPLETION DATE The CONTRACTOR agrees to complete the work specified in the contract within 180 consecutive calendar days after having been ordered by the OWNER to commence work under this contract. ARTICLE 13: COUNCILMANIC APPROVAL Contractural agreements for $100,000 or more, although executed on behalf of the OWNER by the Mayor and Board of Stormwater Management 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 the Laws of the State of Indiana. Page 5 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COI^RACTOR: By. Paul Heimke, Mayor Site Contractors, Inc. BOARD OF STORMWATER MANAGEMENT Lmda Buskirk, Cl^irrnan )SS COUNTY OF ALLEN ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Paul Heimke, Mayor; Linda Buskirk, C. James Owen, and Terrance P. McCaffrey all as Directors of the Board of Stormwater Management of the City of Fort Wayne, Indiana, and acknowledged the execution of the foregoing Contract as and for their voluntary act and deed for the uses and purposes therein contained. . WITNESS my hand and notarial seal this day of 1994. ^Notary Public ■ ,S ("Cx Printed Name of Notary -f^esident of /di . TZounty My Commission Expires: Page 6 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA ACKNOWLEDGEMENT STATE OE INDIANA ) )SS COUNTY OE ALLEN ) Before me, iln^e undersigr^,d, a Notary Public, in and for said County and State personally appeared v-n i w _who acknowledged the execution of the foregoing Contract as and for their voluntary act and deed for the uses and purposes therein contained. WITNESS my hand and seal this day of'~^D)t5JCx1994. Notary Public rv m 0 irvS Printed Name of Notary Resident of ■ (ijj' County My Commission Expires: This instrument prepared by: Michael L. Thomson, P.E. Assistant Chief Engineer Stormwater Engineering APPROVED BY THE Common Council of the City of Fort Wayne, Indiana, on the day of_t 1994 SPECIAL ORDINANCE:_ Page 7 Stormwater Contract #518-94 / HAWTHORNE ST/SOUTHERN CT. AREA