HomeMy WebLinkAbout2018-05-8532211715
ORDINANCE NO. 2018 – 5-8532
AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY,
APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT FOR ENGINEERING SERVICES REQUIRED TO COMPLETE THE
PROJECT DESIGN PLANS, CONSTRUCTION ADMINISTRATION AND
INSPECTION SERVICES FOR THE IMPROVEMENT OF FLOOD CONTROL PUMP
STATIONS #2 AND 99 WITH HDR ENGINEERING, INC.; AND AUTHORIZING THE
EXECUTION OF SAID FIRST 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 49 (the "Project"); and
WHEREAS, the services to be rendered by the Engineer are a part of a larger project and
agreement between the City and the U.S. Department of the Army (the "USAGE") for the design
of the Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project); and
WHEREAS, subsequent to the commencement of the services by the Engineer, USACE
requested that unforeseen components be added to the design, construction administration,
inspection services of Pump Station # 2, which has resulted in significant expansion of the
services to be rendered by the Engineer as to Flood Control Pump Station #2 under the
Agreement; and
WHEREAS, the City and the Engineer are in agreement to amend the Agreement in
order to accommodate the expansion of the Scope of Services by the Engineer and to adjust the
compensation of the Engineer for the additional services; and
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Recitals and Authorization. The City hereby approves the First Amendment to the
Professional Service Agreement with HDR Engineering. Inc., which expands the scope of
services to be rendered by the Engineer in connection with the design, construction
administration, inspection services of Flood Control Pump Station # 2 as required by USACE. It
is further determined that it is necessary and desirable and in the best interests of the City to enter
into this First Amendment for the purposes therein specified. Further, the Mayor of the City is
hereby authorized to execute the First Amendment in substantially the form attached hereto as
Exhibit A and made part hereof, with such changes in the First Amendment not inconsistent with
this Ordinance and not substantially adverse to the City as may be approved by the official
executing the same on behalf of the City. The approval of such changes by said official, that
such are not substantially adverse to the City, shall be conclusively evidenced by the execution of
the First Amendment by such official.
SECTION 2. Compensation. Pursuant to the First Amendment and as a result of the
expansion of the scope of services, the City shall compensate HDR Engineering, Inc., in a lump
sum amount of $93,683.46 for the engineering design services for Flood Control Pump Stations
#2 and #9. Additional compensation for the construction administration and inspection services
conducted during the construction of the rehabilitation of Flood Control Pump Stations #2 and #9
in accordance with Exhibit A, Scope of Services, Items IV & V—Time & Material Rates, of the
Agreement and in accordance with Exhibit A-1 of the First Amendment in an amount not to
exceed $264,478.54. Said compensation paid by the City shall be funded through project
account FW0006, account number 040-3315-532-2307.
191
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.
Mayor Brandi Harless
ATTEST:
t�h�l
Tammara S.Sanderson, City Clerk
Introduced by the Board of Commissioners, May 8, 2018
Adopted by the Board of Commissioners, May 29, 2018
Recorded by Tammara S. Sanderson, City Clerk, May 29, 2018
Published by The Paducah Sun, June 1, 2018
ord\eng\agree-amend HDR floodwall pump stations #2 & #9
192
EXHIBIT A
211700
FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF PADUCAH
AND HDR ENGINEERING, INC., FOR PROFESSIONAL SERVICES
THIS FIRST AMENDMENT TO AGREEMENT (this "Amendment") made and entered
into on this day of May, 2018 (the "Effective Date") by and among the CITY OF
PADUCAH, a Kentucky home rule class city having an address of 300 South 5t' Street, PO Box
2267, Paducah, KY 42002-2267 (hereinafter referred to as the "City") and HDR
ENGINEERING, INC., ("Engineer") for professional services in connection with the project
known as Pump Stations #2 & #9 Improvements (the "Project").
WITNESSETH:
WHEREAS, on August 30, 2016, the City and the Engineer, entered into a Short Form
Agreement for Professional Services (the "Agreement") whereby the City engaged the Engineer
to provide professional engineering, consulting and related services (the "Services") in
connection with the Project; and
WHEREAS, the Services to be rendered by Engineer were described in Section I, Scope
of Services; and
WHEREAS, the Services to be rendered by Engineer are a part of a larger project and
agreement between the City and the U.S. Department of the Army (the "USACE") for the design
of the Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project); and
WHEREAS, subsequent to the commencement of the Services by Engineer, USACE
requested that unforeseen components be added to the design and construction administration of
Pump Station # 2, which has resulted in significant expansion of the Services to be rendered by
Engineer as to Pump Station #2 under the Agreement; and
WHEREAS, the City and Engineer are in agreement to amend the Agreement in order to
accommodate the expansion of the Scope of Services by the Engineer and to adjust the
compensation of the Engineer for the additional services; and
NOW THEREFORE, for and in consideration of $1.00 cash in hand paid, the receipt
and sufficiency is hereby acknowledged by all parties, and the mutual covenants and conditions
contained herein the parties agree as follows:
1. Amendments to the Agreement. As of the Effective Date, the Agreement is
amended as follows:
1.1. SECTION I, SCOPE OF SERVICES, of the Agreement is hereby deleted in
its entirety and replaced with the following:
SECTION I. SCOPE OF SERVICES
ENGINEER will provide Services for the Project, which
consist of the Scope of Services as outlined on the attached
Exhibit A and Exhibit A-1.
1.2. The City and the Engineer expressly agree that Exhibit A-1 "Design Services
During Construction - Scope of Services", which is attached hereto, is hereby added and
incorporated into the Agreement.
1.3. SECTION IV, COMPENSATION, of the Agreement is hereby deleted in its
entirety and replaced with the following:
193
SECTION IV. COMPENSATION
Compensation for ENGINEER'S services under this
Agreement shall be on the basis of:
- lump sum (Scope of Services Items I -III of Exhibit
A and Exhibit A-1). The amount of the lump sum is Ninety Three
Thousand Six Hundred Eighty -Three and 46/100 Dollars.
($93, 683.46) .
- Hourly (Scope of Services Items IV-V of Exhibit A
and Exhibit A-1) - based on hourly rates for an estimated not to
exceed the amount of Two Hundred Sixty -Four Thousand Four Hundred
Seventy -Eight and 54/100 Dollars ($264,478.54) in accordance with
the hourly rates listed in the attached Exhibit A.
Compensation terms are defined as follows:
Lump Sum shall mean a fixed amount which shall
be the total compensation agreed upon in advance for Scope of
Services.
2. Reaffirmation of the Agreement. Except for the modifications set forth herein, all
other terms and provisions of the Agreement entered into between the parties are expressly
acknowledged, reaffirmed, and ratified by all parties hereto. All parties hereby agree to perform in
strict accordance with the terms and provisions as set forth under the Agreement.
3. Miscellaneous Provisions. This Amendment shall be fully binding upon the
parties hereto and their successors, and assigns as of the Effective Date. This Amendment or the
Agreement shall not be altered, amended, modified, terminated, waived, released, or discharged,
except in a writing signed by the parties or their successors or assigns. This Amendment may be
executed in any number of counterparts and by different parties hereto on separate counterparts
each of which, when so executed, shall be deemed an original, but all such counterparts shall
constitute one and the same agreemOnt.
IN WITNESS WHEREOF, the parties have respectively caused this Amendment to be
executed on the day and year first above written.
HDR ENGINEERING, INC.
"Engineer"
BY:
NAME:
TITLE:
ADDRESS:
2517 Sir Barton Way
Lexington, KY 40509
City of Paducah, Kentucky
"City"
BY:
NAME:
Brandi Harless
TITLE: Mayor
194
ADDRESS: 300 South 5"' Street
PO Box 2267
Paducah, KY 42002
195
EXHIBIT A-1
DESIGN SERVICES DURING CONSTRUCTION
SCOPE OF SERVICES
See attached.
196