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HomeMy WebLinkAboutOrdinances Book 12, Page 288, No Ordinance NumberAN ORDINANCE PROVIDING FOR THE EMPLOYMENT OF THOMAS J. NOLAN & SONS, ARCHITECTS OF LOUISVILLE, KENTUCKY, TO PREPARE PLANS FOR THE CONSTRUCTION OF AN ADDITION TO THE CITY OF PADUCAH MUNICIPAL HOSPITAL, KNOWN AS THE RIVERSIDE HOSPITAL; AUTHORIZING STUART JOHNSTON, THE MAYOR OF THE CITY OF PADUCAH, TO EXECUTE SAID CONTRACT OF EMPLOYMENT FOR AND ON BEHALF OF THE CITY OF PADUCAH; AND PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINED IN SAID CONTRACT; WHEREAS, the United States of America, acting by and through the Housing and Home Finance Administrator, has offered to make an advancement to the City of Paducah in the sum of $36,620.00 to cover the cost of preparing plans for the construction of an addition to the City of Paducah Municipal Hospital, known as t Riverside Hospital, which offer has been accepted subject to the terms and con- ditions upon which said offer was submitted; and WHEREAS, the City of Paducah Municipal Hospital Commission has recommended to the Board of Commissioners the employment of Thomas J. Nolan & Sons, Archi- tects, of Louisville, Kentucky, to prepare the plans for the construction of said addition, and said hospital commissioners have further approved the contract of employment submitted by said Architects and has recommended the execution of said contract; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah employ Thomas J. Nolan & Sons, Architect of Louisville, Kentucky to prepare the plans for the construction of an addition to the existing city owned hospital known as the Riverside Hospital, and Stuart Johnston, the Mayor of the said city, whose signature shall be attested by Sarah Thurman, the City Clerk, is hereby authorized and empowered, for and on behalf of the City of Paducah, hereinafter referred to as the "owner", to enter into and execute a contract of employment with the said Thomas J. Nolan & Sons, herein- after referred to.as the "Architect" which contract shall be in words and figures as follows, to -wit: "NOVI THEREFORE, the Owner and the Architect, for the considerations hereinafter named, agree as follows: The Architect agrees to perform, for the above-named work, pro- fessional services as hereinafter set forth. The Owner agrees to pay for Architect for such services a fee of Six (6%) per cent of the cost of the work, with othk.r payments and reimbursements as hereinafter provided, the said percentage being hereinafter referred to as the "Basic rate." The parties hereto further agree to the following conditions: 1. The Architect's Services.- The Architect's professional services consist of the necessary conferences, the preparation of pre- liminary studies, working drawings, specifications, large scale and 289 full size detail drawings; the drafting of forms of proposals and con- tracts; the issuance of certificates of payment; the keepingof accounts, the general administration of the business and supervision of the work. 3. Separate contracts.- The basic rate applies to work let under a single contract. For any portions of the work let under separate contracts, on account of extra service thereby required, the rate shall be four per cent greater, and if substantially all the work is so let the higher rate shall apply to the entire work; but there shall be no such increase on any contracts in connection with which the Owner reimburses the Engineers' fees to the Architect, or for articles not designed by the Architect but purchased under his direction. 4. Extra Sercices and Special Cases— If the architect is caused extra draughting or other expense due to changes ordered by the Owner, or i, due to the delinquency or insolvency of the Owner or Contractor, or as a result of damage by fire, he shall be equitably paid for such extra expense and the service involved. Work let on any cost-plus basis shall be the subject of a special charge in accord with the special service required. If any work designed or specified by the Arthitect is abandoned or suspended the Architect is to be paid for the service rendered on account of it. 5. Payments.- Payments to the Architect on account of his fee shall be made as follows, subject to the provisions of Art. 4: From time to time during the execution of work and in proportion to the amount of service rendered by the Architect, payments shall be made until the aggregate of all payments made on account of the fee under this Article, but not including any covered by the provisions of Article 4, shall be a sum equal to the rate or rates of commission arising from this agreement, computed upon the final cost ofthe work. Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. No deductions shall be made from the Architect's fee on account of penalty, liquidated damagrs, or other sums withheld from payments to contractors. 6. Survey, Borings and Tests.- The Owner shall, so far as the work under this agreement may require, furnish the Architect with the .foll- owing information: A complete and accurate survey of the building site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, restrictions, easements, boundaries, and contours of the building site, and full information as to sewer, water gas and electrical service. The Owner is to pay for borings or test pits and for chemical, mechanical, or other tests when required. MI 7. Supervision of the Work.- The Architect will endeavor to guard the Owner against defefts and deficiencies in the work of con- tractors, but he does not guarantee the performance of their contracts. The supervision of an Architect is to be distinguished from the con- tinuous personal supervision to be obtained by the employment of a clerk -of -the -works. When authorized by the Owner, a clerk -of -the -works acceptable to both Owner and Architect shall be engaged by the Architect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architect's monthly statements. 8. Preliminary Estimates.- When requested to do so the Architect will furnish preliminary estimates on the cost of the work, but he does not guarantee the accuracy of such estimates. g. Definition of the Cost of the Work.- The cost of the work, as herein referred to, means the cost to the Owner, but such cost shall not include any architect's or engineer's .fees or reimbursements or the cost of a clerk -of -the -works. When labor or material is furnished by the Owner below its market cost the cost of the work shall be computed upon such market cost. 10. Ownership of Documents.- Drawings and specifications as instruments of service are the property of the Architect whether the work for which they are made be executed or not. 11. Successors and Assignments.- The Owner and the Architect, each binds himself, his partners, successors, executors, administrators, and assigns to the other party to this agreement, and to the partners, succ- essors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. 12. Arbitration.- All questions in dispute under this agreement shall be submitted to arbitration at the choice of either party. No charge will be made for the preparation of preliminary drawings and cost estimates, and this contract may be terminated at that point with no cost to the Owner. If, however, when actual working drawings are authorized by the Owner, and architectural work is begun, a sum equal to 20$ of the basic rate computed upon a reasonable estimate cost, shall be paid. Upon completion of specifications and general working drawings (exclusive of•details), a sum sufficient, if possible to increase 291 payments on the fee of 75% of the rate or rates of commission arising from this agreement computed upon a reasonable cost estimate of such completed specifications and frawings but said sum not to exceed $46,500.00, shall be due and payable. When the construction contracts have been signed, if necessary, a sum sufficient to increase payments on the fee of 75% of the actual construction contracts, shall be due and payable. The Owner and the Architect hereby agree to the full performance of the covenants contained herein. IN WITNESS WHEREOF THEY have executed this agreement, the day and year first above written." SECTION 2. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file one week for public inspection in the completed form in which it shall be put upon its final passage. Because of the great increase in the population of.the City of Paducah following the announcement of the construction of an atomic bomb plant on the site of the Kentucky Ordnance Works near said city, the present facilities are not sufficient to provide adequate hospitalization. The public health and safety required that such facilities be immediately Furnished, an emergency is hereby declared, and this ordinance shall be in full force and effect from and after its adoption. / M� 'or,` Introduced by the Board of Commissioners February 20, 1951 Passed by the Board of Commissioners, February 27, 1951 Recorded by Sarah Thurman, City Clerk, February 27, 1951.