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HomeMy WebLinkAboutOrdinances Book 16, Page 376, No Ordinance Number376 1-11 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF PADUCAH, KENTUCXY AND HELM ROBERTS, ARCHI- TECT -PLANNER OF LEXINGTON, KENTUCKY, PROVIDING FOR DEVELOPMENT OF A COMMUNITY SHELTER PLAN BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor be, and he is hereby', authorized and directed to execute a contract between the City of Paducah, Kentucky, and Helm Roberts, Architect -Planner, providing for the development of a community shelter plan in words and figures as follows: "CONTRACT "THIS AGREEMENT made and entered into on this day of October, 1967, by and between the CITY OF PADUCAH, KENTUCKY, herein- after called the "City", and HELM ROBERTS, Architect -Planner, whose address is 217 North Upper Street, Lexington, Kentucky, hereinafter called the "Contractor". "W I T N E S S E T H: "THAT WHEREAS, the parties hereto desire to enter into a fixed- price contract.for the furnishing of certain articles and services for the consideration hereinafter set forth, - "NOW THEREFORE, the parties agree as follows: "ARTICLE I - STATEMENT OF WORK "The Contractor shall provide the necessary personnel, facilities, apparatus, materials and services to accomplich the items of work described in.Exhibit.A, "Scope of work", and the Contractor's letter proposal dated August 17, 1967 and as amended to Septembet 1, 1967. "ARTICLE II - GEOGRAPHICAL SCOPE OF THE PROJECT "The Contractor shall develop the Community Shelter Plan for the geographical area known as Paducah - McCracken County, Kentucky. "ARTICLE III - DELIVERY SCHEDULE "The Contractor shall commence work on receipt of a fully executed copy of this contract and shall complete the work for each Step of Exhibit A on or before the dates specified in the following schedule: "The foregoing schedule for:delivery of work on Steps ID through VI is subject to timely delivery by the appropriate Corps of Engineers office of the National Fallout Shelter Survey and Smaller Structures Survey data required for Step ID work, on or before -29 December 1967. Later delivery of said data will automatically authorize later de- livery of work for Steps ID through VI, by an amount of time equal to the delay in delivery of said data, but shall not result in any increase in the consideration hereinafter specified in Article IV. Delivery.Date Step IA 15 December 1967 Step 1B 15 December 1967 Step 1C 15 March 1968 Step 1D :15.March'1968 Step II' 16.April 1968 Step III 17 July 1968 Step IV 17 July 1968 Step V 16'August 1968 Step VI 16 September 1968 "The foregoing schedule for:delivery of work on Steps ID through VI is subject to timely delivery by the appropriate Corps of Engineers office of the National Fallout Shelter Survey and Smaller Structures Survey data required for Step ID work, on or before -29 December 1967. Later delivery of said data will automatically authorize later de- livery of work for Steps ID through VI, by an amount of time equal to the delay in delivery of said data, but shall not result in any increase in the consideration hereinafter specified in Article IV. 377 "The Contractor shall not commence Step IC or Step ID until work on Ste IA and IB are completed and finally approved by the Contracting Officer, on behalf of the Government, nor shall the Contractor commence Step II until work on Step ID is completed and finally approved by said Contracting Officer. "The Contractor shall deliver the reports required by Exhibit "A" to this contract for above listed steps to the City of Paducah, City Hall, Paducah, Kentucky 42001, in a form ready for submission by the City to the U. S. Army Engineer District, P. 0. Box 59, Louisville, Kentucky 40201, or as required by the City's contract with the United States Government. "ARTICLE IV - CONSIDERATION "The Contractor shall be paid the total fixed price of THIRTEEN THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($13,200.00) for the work and services under this contract in accordance with Article V - Method of Payment. "ARTICLE V - METHOD OF PAYMENT "Estimates shall be made monthly of the amount and value of the work and services performed by the Contractor under this con- tract, such estimates to be prepared by the Contractor and ac- companied by such supporting data as may be required by the Contracting Officer. "Upon approval of such estimate by the Contracting Officer payment upon properly certified vouchers shall be made to the Contractor as soon as practicable of 901% of the amount as deter- mined above, less all previous payments; provided, however, that if the Contracting Officer determines that the work is substantially complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the Government, he may at his discretion release to the Contractor such excess amount. "Upon satisfactory completion by the Contractor and acceptance by the Contracting officer of the work done by the Contractor in accordance with the "Scope of work" described in Exhibit "A", the Contractor will be paid the unpaid balance of any money due for work under said statement, including retained percentages relating to this portion of the work. "It is recognized and understood by the parties hereto that the Contractor has agreed to undertake this work on a profit basis and that funds are derived by the City from the United States Government. Failure of funding of this project by the United States Government shall relieve the City from payment obligations herein. Payment to the Contractor shall be made within ten (10) days after the City receives payment from the United States Government, and it is agreed and under- stood that the City shall not be liable to the Contractor in any way for the delay in the payment due to delays caused by the United States Government, the Contractor or questions concerning the Contractor's work. "ARTICLE VI -INCORPORATED DOCUMENTS "The following documents are incorporated in this contract by this reference with the same force and effect as if set forth herein at length: a. Exhibit A, "Scope of Work", attached hereto b. Contractor's letter proposal, dated 17 August 1967 as amended 1 September 1967 to the extent not modified or superseded by the terms of this contract. "ARTICLE VII - CONFLICTS "In the event of conflicts arising among or between thic contract and the cited documents, the following shall be the order of priority of interpretation; 378 1. The Articles comprising the Schedule of this contract. 2. Exhibit A, "Scope of work". 3. The General Provisions of this contract. 4. The Contractor's proposal. "ARTICLE VIII - Entire Agreement "It is expressly understood and agreed by the parties hereto that this contract represents their entire agreement, wholly superseding any and all prior offers, negotiations, and agreements made by them, their agents and employees. "ARTICLE IX - DISPUTES "a. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the City. The decision of the City shall be final and conclusive. In connection with any disputes under this clause the Contractor shall be afforded an op- portunity to be heard and to offer evidence in support of his position. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract.and in ac- cordance with the City's decision. "b. This "disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a. above; provided, that nothing in this contract shall be construed as making final the decision of any administrative official, represen- tative, or board on a question of law. "ARTICLE X - GENERAL PROVISIONS "This contract is subject to the General Provisions for Development of Community Shelter Plan Contract attached hereto and made a part hereof. "IN WITNESS WHEREOF, the parties hereto have executed this con- tract as of the day, month and year first above written. THE CITY OF PADUCAH By Thomas W. Wilson, Mayor HELM ROBERTS, ARCHITECT -PLANNER By Title "I, Sarah Thurman, certify that I am the Clerk of the City named as Contractor herein; that Thomas W. Wilson who signed this contract on behalf of the City was then Mayor of said City; that said contract was duly signed for and on behalf of said City by authority of its governing body and is within the scope of its powers. "IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said City this day of , 1967. By SEAL City Clerk 379 0 SECTION 2. This ordinance shall be introduced and remain on file for at least one 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 October 24, 1967 Passed by the Board of Commissioners November 14, 1967: Recorded by Sarah Thurman, City:Clerk, November 14, 1967.