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HomeMy WebLinkAboutOrdinances Book 15, Page 614, No Ordinance NumberAN ORDINANCE PROVIDING FOR AND AUTHORIZING THE EMPLOYMENT OF ED1dARD T. HANNAN & ASSOCIATES, INC, CONSULTING ENGTiNEERS OF PADUCAH, KENTUCKY, IN CONNECTION WITH THE PLANNING AND CONSTRUCTION OF VARIOUS SANITARY SEWER EXTENSIONS IN SAID CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT COVERING SUCH EMPLOYMENT ON BEHALF OF THE CITY BE IT ORDAINED if THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SEOVION L. That the Consulting Engineering Firm of Edward T. Hannan & Assoc - fates, Inc. of Paducah, Kentucky, shall be employed in connection with the planning and construction of various sanitary sewer extensions in the City of Paducah, Kentucky, and that the City Manager be, and he is hereby, authorized to execute, on behalf of said City, and agreement and contract of employment of the said Firm in words and fig- ures as follows: AGREEMENT THIS AGREEMENT made and entered into at Paducah, McCracken county, Kentucky, this 30th day of June, 1965, by and between the City of Paducah, Kentucky, hereinafter called the 01 -MR, and Edward T. Hannan & Associates, Inc., hereinafter called the ENGINEER. WITNESSETH: THAT WHEREAS THE 01 -MR intends to construct various sanitary sewer ex- tensions, hereinafter called the PROJECT, and WHEREAS, the services of a professional engineer or engineering firm will be required for the design and enigneering inspection of construction, and WHEREAS, such services are of a distinct professional and noncompeti- tive mature. NOW THEREFORE, IN consideration of these premises and of the mutual covenants herein set forth, the OWNER hereby employs the ENGINEER to furnish the following engineering services in connection with the proposed PROJECT, and it is agreed by and between the OWNER and the ENGINEER as follows, to-zrit: 1. Services to be Performed by the Engineer (a) Preliminary - Upon execution of this Agreement proceed with pre- liminary studies and basic design for the PROJECT; prepare sketches, layouts, and estimates of cost necessary to develop the general scope, probable cost and feasibility of the PROJECT; and present the conclusions and recommendations resulting from the above studies to the OWNER in the form of six (6) copies of a written Preliminary Report. (1) Furnish to governmental agencies the routine engineering in- formation and/or necessary copies of the Preliminary Report re- quired in connection with approval of regulatory agencies and applications for government grants or loans. (b) Desi - After authorization has been given by the OWNER, proceed with the field surveys for design, the final design calculations, the detailed construction drawings, specifications and Contract Documents, and a final estimate of cost of the PROJECT. (1) Furnish the OWNER six (6) Bets of prints of the completed detailed construction plans, specifications and Contract Docu- ments, which shall include the copies sent to governmental agencies for approval. Additional sets of documents that are required for advertising, letting and constructing the PROJECT, and which are not paid for by material suppliers or contractors shall be paid for by the OWNER at actual cost. 15 II 1 (2) Assist the OWNER in advertising for construction bids, tabu- lating and/or analyzing the construction bids when they are received and awarding the construction contract. Furnish to the OWNER'S fiscal agent the routine engineering informa- tion and/or engineering reports required in connection with financing the PROJECT. (c) Review the design of construction drawings prepared by the City Engineer for adequacy of design and accuracy when such drawings are to be included in the Contract Documents. Prepare specifi- cations and Contract Documents and a final estimate of cost for such portions of the PROJECT as may have been designed by the City Engineer. (d) General Engineering Inspection of Construction - Iuring construction, furnish general engineering inspection of the PROJECT to act as the 01MM'S representative in dealing with the construction contractor, to assist in the correct interpretation of the plans, specifications and Contract Documents, to act as arbiter of any disputes that arise between the OWNER and the contractor, to observe the progress and quality of the completed work, to determine in general if the work is proceeding in ac- cordance with the Contract Documents and to assist in safeguarding the OWNER against defects and deficiencies on the part of the contractor. Under this provision the ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, nor will he be responsible for j the techniques and sequences of construction employed by the contractor. The ENGINEER will endeavor to guard the OWNER against defects and deficiencies on the part of the contractor, but the ENGINEER. does not guarantee the performance of the construction contractor's contract as said performance is customarily guaranteed by the contractor's performance and payment bond. Such general inspection of construction shall also include consultation and advice to the Oi^JNER during construction; preparation of supple- mentary sketches required to resolve actual field conditions that are encountered at the site; the checking of shop and erection drawings submitted by the contractor for conformity with,the design concept and the contract plans and specifications; review of the work of testing laboratories, inspection bureaus or other such agencies who may be employed by the contractor or the OWNER to test or analyze materials or equipment used on the PROJECT: the checking of partial and final payments to contractors, periodic visits to the PROJECT by principals or staff engineers of the principal's organization to interpret the contract plans and spectifications and to observe the progress and quality of the finished work; supervision of the resident inspection forces; final inspection of the PROJECT, furnishing of "as -built" drawings for the completed PROJECT; preparation of routine operating instructions and routine assistance in initial start-up and operation; in- spection of the PROJECT prior to expiration of the contractor's guarantee; and other engineering work of a general nature that might be required during construction. (e) Resident Engineering Inspection of Constrction - During construction, the ENGINEER shall also furnish resident i engineering inspection of construction to provide more extensive representation of the OWNER by the ENGINEER at the PROJECT site; to serve as the ENGINEER'S liaison with the contractor; to further interpret the plans, specifications and Contract Documents; and to further endeavor to assure construction of the PROJECT in accordance with the construction contract. The resident engineer or inspector's duties shall also include engireerinZ; layout of the PROJECT: inspecting the construction work for conformity with the plans, specifications and Contract Documents; recording all changes that are made during construction; preparing change orders; maintaining records of pay quantities; preparing partial payment estimates, and other such on-site engineering work as may be required during construction. (1) For this purpose the ENGINEER shall furnish one or more full tine resident project representatives but the furnish- ing of such project representation shall not make the ENGINEER responsible for the contractor's failure to perform the construction work in accordance with the Contract Documents. 2. The 01•JNERIS Responsibilities (a) Provide full information as to his reouirements for the PROJECT. (b) Assist the ENGINEER by placing at his disposal all available information pertinent to the site of the PROJECT including previous reports and any other data relative to the design of the PROJECT. 616 (c) Guarantee access to and make all provisions for the ENGINEER to enter upon public and private lands as required to perform his work under this Agreement. (d) Examine all studies, reports, sketches, estimates, drawings, speci- fications, proposals and other documents proposed by the ENGINEER and render, in writing if necessary, decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. (o) Advertise for proposals from prospective bidders, open the proposals at the appointed time and place, and pay for all costs incident thereto. (f) Provide such legal, fiscal and accounting counseling services as may be required for the PROJECT. (g ) Dlzignate in writing a person to act as the OWNER'S representative with respect to the work to be performed under this Agreement; such person to have complete authority to transmit instructions, receive information, interpret and define the OWNER'Spolicies and decisions with respect to materials, equipment and other such elements pertinent to the work covered by this Agreement. (h) Give prompt notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any difficulty on the PROJECT. (i) Obtain approval of all governmental authorities having jurisdiction over the PROJECT and approvals and consents from such other individuals or bodies as may be necessary for the prosecution and completion of the PROJECT. (j) Furnish, or direct the ENGINEER to furnish, at the 0;•7NER'S expense necessary additional services not covered by this Agreement, but which may be required for adequte design and construction. 3. Additional Services of the ENGINEER (to be parformed only if required for the PROJECT and approved by the OWNER (a) Extensive or "more -than -routine" assistance required in connection with government grants or loans. (b) Actual shop, mill, field or laboratory inspections and analyses of materials and equipment. (c) Actual soil sampling and analyses, test borings and other such subsurface explorations. (d) Calculations for special assessments. (e) Preparing documents for alternate bids requested by the OWNER for work which is not executed. (f) Additional design, or general engineering inspection and admini- stration made necessary by the acceleration of the contractor's work schedule involving services beyond the normal working hours, prolongation of the construction contract time by more than twenty- five percent (25%) of the original contract time, default on the part of the contractor, and the like. (g) Preparing detailed renderings, exhibits or scale models of the PROJECT. (h) Extensive assistance in the initial start-up and test operation of equipment and the preparation of deatiled operation and main- tenance manuals. (i) Serving as an expert witness for the OWNER in any litigation or other legal proceedings involving the PROJECT. (j) Additional services in connection with the PROJECT not otherwise provided for in this Agreement. Compensation to be Paid to the Engineer (a) The OWNER agrees to pay the ENGINEER as compensation for,all basic professional engineering services set forth in sub paragraphs (a) and (b) of Article 1, hereinbefore, a sum or sums equal to 80% of 7.6% of the construction cost, as defined hereinafter. (b) For services rendered under subparagraph (C) of Article 1. here- inbefore, compensation shall be a sum or sums equal to 25% of 7.6% of the construction cost as defined hereiria_fter. 617 617 (c) Conpensation for any additional services which the ENGINEER is required to furnish, including resident engineering inspection of construction, shall be as set out hereinafter. (d) Progress payments on the percentage compensation shall be made to the ENGINEER in proportion to the services performed, due and payable monthly on or before the fifteenth of the month for services rendered the previous month. However, said pay- ments shall amount to the following percentage of the total compensation for each phase of the work: Seventy -Five percent(75%) for the Preliminary and Design phase. Twenty -Five percent 25% for general inspection. Progress payments during Preliminary and Design phases shall be based on an approved progress schedule and progress payments for general engineering inspection of construction shall be based on the percentage of the construction work completed as reflected by the contractor's partial payment estimate before the contractor's retainage is deducted. (e) The 01;MR also agrees to pay the ENGINEER for resident engineer- ing inspection of construction as set out in subparagraph (e)', of Article 1. hereinbefore a sum or sums equal to the salary or salaries of the resident engineer and/or inspectors assigned to the PROJECT plus seventy-five percent (75a) thereof for taxes, insurance, overhead and profit, not to exceed two percent (2') of the PROJECT cost per inspector assigned. Said compensation to be due and payble monthly on or before the fifteenth of the month for services rendered the previous month. (f) For the additional services described in Article 3. hereinbefore + and any extra services that the ENGINEER is required to render ibecause of changes, delays, or other causes beyond his control, the ENGINEER shall be compensated on the basis of salaries plus one hundred percent (10011) plus directly chargeable expenses at actual cost. If such additional or extra services are fur- nished through a subcontractor, the sa d cornsation shall be the subcontract cost plus ten percent(10a for administration and supervision. If travel by personal or company-ormed ve- hicles is involved, it shall be paid for by the ONVER at the rate of ten cents (w .10) per mile. 5. Additional Covenents (a) The current estimates of the cost, as prepared by the ENGINEER, shall be used as a basis for computing payments of percentage compensation until actual costs are established by valid lowest A and best construction bids or payments to the contractor. If, however, construction bids are not received within six (6) months after plan and specification are completed, final payment of the preliminary and design portion of percentage compensa- tion shall be based on the aforesaid estimates of cost and no adjustment of the preliminary and design portion of the com- pensationwill be made to conform to construction bids or pay- ments to contractors. (b) The estimates of cost or actual cost used as a basis for computing percentage compensation paid to the ENGINEER means .the cost to the OWNER of the entire construction as defined hereinbefore, including all labor, materials and equipment without any deductions for penalties, liquidated damages or or other amounts withheld from final payments to the con- tractor. Such costs, however, shall not include the ENGI- NEER'S compensation, cost of lands and rights-of-way, or fiscal and administrative costs. (c) In connection with the estimates of construction costs provided for herein, the ENGINEER will endeavor to make same as accurate as is reasonably possible including basing same on recent bids of construction contractors on similar work .but, since the ENGIw NEER has no control over the cost of labor and materials or over competitive bidding and market conditions, the ENGINEER. does not guarantee the accuracy of such estimates as compared to contractors' bids on the PROJECT or the actual cost of. the PROJECT. 618 (d) The ENGINEER agrees as a part of the survey for design to make rock soundings (not to exceed six feet in depth) to estimate the amount of rock excavation that will be required for the PROJECT. However, if additional subsurface explora- tions such as borings, soil tests, and the like arec-r6..q�iTpidtto determine amounts of rock excavation or foundation conditions, the ENGINEER will furnish supervision of said explorations without additional charge, but the explorations shall be paid for. by the OWNER as set out hereinbefore. (e) The ENGINEER agrees to procure and maintain at his expense such workmen's compensation insurance as is required by the statutes and public liability insurance in amounts adequate to provide reasonable protection from claims for bodily injury, death or property damage which may arise from his performance and the performance of his employees under this Agreement. (£) All documents, including original drawings, estimates, speci- fications, field notes and other data are and shall remain the property of the ENGINEER as instruments of services ex- cept as set out hereinafter. The OWNER may, at his expense, retain reproducible copies of drawings and other documents in consideration of which it is mutually agreed that the OWNER will use them solely in connection with this PROJECT and not for the purpose of subsequent extensions or enlargements of this PROJECT,..except with the written.permission of the ENGINEER and that such further use shall entitle the ENGINEER to additional compensation at a rate to be agreed upon by the OWNER and the ENGINEER and/or relief from liability for such use. (g) This Agreement may be terminated by either party with seven (7) days written notice in the event of substantial failure to perform in accordance with its terms, or at the completion of any one particular phase hereinbefore enumerated. Should this Agreement be terminated and/or should the aJNER abandon or suspend any work, in whole or in part, covered by this Agreement and for which services have been performed by the ENGINEER, the.ENTr1MER-shkL be paid the earned portion of the compensation then due, and reasonable terminal expense, except where this Agreement or PROJECT is terminated at the conclusion of any enumerated phase; then no terminal expense shall be applicable. (h) When the PROJECT has .been completed, the ENGINEER shall correct the original tracings to "as -built" conditions and when this has been accomplished, deliver to the OWNER the corrected tracings without any additional charge. The ENGINEER shall also deliver the OWNER one copy of the field notes from which construction drawings were compiled. (i) Questions in dispute under this Agreement may be submitted to arbitration by agreement of both parties. 6. Special Provisions (a) The OWNER and the ENGINEER mutually agree that this Agreement shall be subject to the following Special Provisions which shall supersede other conflicting provisions of this Agreement: (1) The City Engineer shall have access to and the privilege of revies of all documents prepared by the ENGINEER and to all the work placed under construction. THE OWNER AND THE ENGINEER each binds himself, his partners, successors, executors, administrators and assigns, to the other party to this Agreement and the assigns of such other party, in respect of all covenants of this Agreement. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this Agreement without the written consent of the other party hereto. IN WITNESS WHEREOF the parties hereto have affixed their hands and seals at Paducah, Kentucky, this day, month and year first above written. SECTION 2. All sums of money to be paid to said Edward T.. Hannan & Associates, Inc. shall be paid from the Public Works Cumulative Reserve Fund of the City. SECTION 3. This ordinance shall be introduced and remain on file for at least one (1) week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days thereafter. Mayor Introduced by the Board of Commissioners June 22, 1965 Adopted by the Board of Commissioners June 30, 1965. Recorded by Sarah Thurman, City Clerk, June 30, 1965