HomeMy WebLinkAbout2020-11-8662ORDINANCE NO. 2020-11-8662
AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY,
APPROVING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT FOR ENGINEERING SERVICES FOR FLOOD CONTROL PUMP
STATIONS 42 AND #9 WITH HDR ENGINEERING, INC. TO REFLECT AN
EXPANDED CONSTRUCTION ADMINISTRATION AND INSPECTION SCOPE AND
TO INCRESE THE AGREEMENT IN AN AMOUNT OF $81,500 FOR A NEW TOTAL
AGREEMENT AMOUNT NOT TO EXCEED $439,662.00; AND AUTHORIZING THE
EXECUTION OF SAID SECOND AMENDMENT
WHEREAS, on August 30, 2016, the City and HDR Engineering, Inc., (the "Engineer")
entered into a Short Form Agreement for Professional Services (the "Agreement") whereby the
City engaged the Engineer to provide professional engineering, design, consulting and related
services in connection with the improvement and rehabilitation of Flood Control Pump Stations
#2 and #9 (the "Project") in an amount of $132,000 as approved by Ordinance No. 2016-08-
8410; and
WHEREAS, the City of Paducah entered into Amendment No. 1 to the Agreement to
increase the original Agreement to $358,162 due to an expanded scope and added third party
inspection requirements as approved by Ordinance No. 2018-05-8532; and
WHEREAS, On March 13, 2020, the City issued a stop work order against contractor
Huffinan Construction, LLC, and subsequently, approved Ordinance No. 2020-05-8638 to
terminate the contract with Huffman Construction, LLC due to default and material breach of
contract; and
WHEREAS, the Engineer has worked with City on the rebidding process of the project
including weekly meetings, answering question from potential contractor, coordinating with
funding agencies, taking inventory of stored materials and assisting with rebid process; and
WHEREAS, the Engineer is currently performing grant and funding administration
service, including coordination with KIA/SRF and CDBG; and
WHEREAS, in course of construction, substantial defects were found on Pumps #4 and
#6 requiring additional research and the development of new vertical column pump
specifications for use in the solicitation of bids for new pumps; and
WHEREAS, the City and the Engineer are in agreement to accommodate the expansion
of the scope of services by the Engineer by amending the Agreement to adjust the hourly
professional services and construction administration portion of the contract.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Recitals and Authorization. The City hereby approves the Second
Amendment to the Professional Service Agreement with HDR Engineering. Inc., for an increase
in the amount of $81,500 for expanded construction administration and inspection services. Said
Second Amendment results in a total Agreement cost of $439,662.00. It is further determined
that it is necessary and desirable and in the best interests of the City to enter into this Second
Amendment. Further, the Mayor of the City is hereby authorized to execute all documents
related to said Amendment.
SECTION 2. Compensation. The expenditure authorized in Section 1 above shall be
funded through the Pump Station # 2 Rehab Project Account No. FW0014.
SECTION 3. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 4. Compliance With Open Meetings laws. The City Commission hereby
finds and determines that all formal actions relative to the adoption of this Ordinance were taken
in an open meeting of this City Commission, and that all deliberations of this City Commission
and of its committees, if any, which resulted in formal action, were in meetings open to the
public, in full compliance with applicable legal requirements.
SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 6. Effective Date. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, ayor
ATTEST:
1
Lindsay Parish, City Cdfrik
Introduced by the Board of Commissioners, November 10, 2020
Adopted by the Board of Commissioners, November 24, 2020
Recorded by Lindsay Parish, City Clerk, November 24, 2020
Published by The Paducah Sun, November 29, 2020
ord\eng\agree-amend 2 HDR floodwall pump stations #2 & #9
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