Loading...
HomeMy WebLinkAboutOrdinances Book 15, Page 789, No Ordinance Number789 AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE EMPLOYMENT OF BURNS & McDONNELL ENGINEERING COMPANY OF KANSAS CITY, MISSOURI, IN CONNECTION WITH THE PLANNING AND CONSTRUCTION OF PROPOSED STORM WATER RELIEF IMPROVEMENTS; AUTHORIZING THE EXECUTION OF A CONTRACT COVERING SUCH EMPLOYMENT )Y THE CITY MANAGER, AND DECLARING AN EMERGENCY TO EXIST BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the firm of Burns'& McDonnell Engineering Company of Kansas City, Missouri, shall be employed in connection with the planning and construction of proposed storm. water relief improvements, and the City Manaper be, and he is hereby, authorized to execute, on behalf Of the City of Paducah, Kentucky, an agreement of employment in words and figures as follows: "AMENDED CONTRACT THE CITY OF PADUCAH, KENTUCKY And THE BURNS & McDONNELL ENGINEERING COMPANY Kansas City, Missouri 000 ARTICLES OF AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF PADUCAH,'KENTUCKY, hereinafter designated as the "City" and BURNS & McDONNELL ENGINEERING COMPANY of Kansas City, Missouri, hereinafter designated as the "Engineers". WITNESSETH: THAT in consideration of the mutual covenants herein contained, the City hereby sprees to employ the Engineers to perform the services hereinafter outlined in connection with the design of storm water relief improvements and the furnishing of resident engineer services during construction of improvements designed by the Engineers, The terms and conditions of this contract are as follows: 1. The Engineers agree to furnish all help, materials, and trans- portation necessary in rendering complete Professional Engineer- inr, Services as hereinafter described in connection with the pro- posed construction of storm water relief improvements. 2. The scope of the proposed improvement progtam was originally outlined in Steps I and II of the report by the Engineers to the City dated January 27, 1961, and further defined under Steps I and II of the report by the Engineers to the City dated February 17, 1965. The scope of the project for which engineering services are to be provided under this contract shall he in r*eneral compli- ance with Steps I and II of the Engineers' report to the City dated February 17, 1965, and shall include such additional relief sewers and channel improvements as may be authorized by the City. SECTION 1-A Contract Documents and General Enrineerinv Supervision The Engineers shall prepare complete plans and/or specifications for all improvements. The plans and/or specifications shall define the quality of workmanship and material entering into each phase of the construction, and shall completely define the work to be done, both as to quantity and quality of workmanship and materials involved. 4. The Engineers shall prepare instructions to bidders, bidders' forms, and other contract documents in addition to the plans and specifications, and shall cooperate with the City Attorney in the preparation of contract and performance bond forms. 5. The Engineers will furnish complete sets of plans and specifications in sufficient quantity to supply the requirements of the City, approv- ing agencies, and all bidders desiring to bid on the proposed con- struction work. The Engineers agree to furnish the governing agen- cies the routine engineering information and/or necessary copies of preliminary reports in connection with approval of regulating agen- cies and the Corps of Engineers and applications for government grants and loans. 6. The Engineers agree, when the plans and specifications are sub- mitted for bids, to interest experienced contractors specializing in the work to submit proposals thereon, and when bids are re- ceived, to attend the letting, assist in the tabulation of the bids, make an analysis thereof, and file a written report on the merits of various bids, including therein recommendations relative to the - acceptance of bids. 7. The Engineers shall assist the City and the contractors in correct interpretation of the plans and/or specifications. Shop drawings of all equipment and materials furnished by the various contractors shall be checked by the Engineers to safeguard the City against defects and deficiencies on the part of the contrac- tor furnishing such items. Representatives from the office of the Engineers shall make peri- odic visits to the site of the work during the construction period. The representatives of the Engineers will be available for confer- ences with the City or the resident engineer for consultation, ad- vice and recommendations as may be necessary or advisable in the proper prosecution of the work. 8. The Engineers shall furnish the City with a complete set of as - built drawings suitable for the preparation of reproductions there- of; and the Engineers shall furnish the City with complete copies of all field books prepared by the resident engineer and inspectors. 9. Services to be furnished by the Engineers will not include the mak- ing of property, boundary, or right-of-wav surveys and descrip- tions; shop, mill, field, or laboratory tests of materials -:and equipment;•or test borinvs and other subsurface explorations. However, the professional engineering services including advice as to the need, preparation of specifications, control, analyses and evaluation of all such "outside" services will be furnished by the Engineers. SECTION I -B Resident Engineer Services 10. The Engineers agree to provide, prior to the beginning of construc- tion, a resident engineer qualified to take complete charge of in- spection of construction and such assistants as may be authorized by the City. The City reserves the right to approve the resident engineer assiFned to the project by the Engineers. It is understood that the Engineers' field staff shall, in general, consist of one resident enr'ineer and a sufficient number of assistants to insure that each major construction project will have full-time inspection. If, in the opinion of the Engineers, the number of field representatives is not adequate to properly perform the services on the project or projects, the Citv will be so notified in writing. It is asreed that resident engineer services shall terminate at the final completion of the work, or at any prior time the City may request. The resident enp•ineer or his assistants shall set, or check the setting of, all lines and grades necessary for the proper defining of the work to be done by the contractors, and check compliance 791 of construction therewith. He is to determine the classification of excavated materials, and perform all other professional services required in the field incident to the successful and proper comple- tion of the project. However, the Engineers do not guarantee the performance of a contract by any contractor. The resident engineer shall prepare monthly estimates of the work performed under the contract, and certify as to the payment due to the contractors. Interim reports shall be made to theCity ar least once a month during the period of construction. The services included in this Section I -B are to be furnished only if specifically authorized by the City, and may be entirely elimi- nated without affecting the remainder of the contract. SECTION II - OBLIGATIONS OF THE CITY IT IS FURTHER AGREED, by and between the City and the Engineers aforesaid, as follows: That the obligations of the City under this contract shall -be as follows: 11. The City agrees to make available to the Engineers all operating records, data, previous engineering studies, reports, and all available data useful to the Engineers. 12. The City agrees to pay for soil test borings and other subsurface explorations; shop, mill, field or laboratory tests of materials and equipment; and property, boundary, or right-of-way surveys, all as may be found necessary for design and construction of the improvement program. The City reserves the right to re- quire the construction contractor to assume the responsibility and pay for such services as may be required during construction. 13. In consideration for the protessional engineering services rendered under Section I -A, the City agrees to compensate the Engineers in accordance with the following schedule of percentage fees as applied to cost of construction: Cost of Construction Percentage Fee $1,500,000 5,30% 2,000,000 5,250 3,000,000 5.20% 4,000,000 5,15% 5,000,000 5,125% Cost of construction is defined as the total cost of the project in- cluding all labor, materials, equipment, miscellaneous and general contracts, etc., but exclusive of any engineering or legal fees, land, ri.,hts-of-way, or interest during construction. The total construction cost for which design is authorized within a period of one year from the date of this contract shall be the amount to which the above schedule of percentage fees shall apply. Compensation for construction cost falling between the values listed in the above schedule shall be determined by straight line interpola- tion between percentages for construction costs next higher and next lower than the actual final construction cost. lb. For the services of the resident enFineer.as outlined in Section I -B Item 10, the City shall pay the Engineers the sum of -'1,000.00 per month, plus traveling expense of said Engineer from Lansas City, Missouri to Paducah, Kentucky, and return, but shall pay only for such expenses one trip each way. 15. For additional field services authorized by the City, oncluding in- spectors, clerks, etc., the City shall pay the actual payroll cost (payroll cost being defined as the salaries indicated on the time cards plus 15% to cover vacation, sick leave, old age benefits, etc.) plus 25% to cover administrative overhead and profit. 16. If, during or following preparation of plans and/or specifications and after approval thereof by the City, changes are required by the City through no fault of the Engineers, the City shall pay the Engi- neers an amount equal to the Engineers' actual cost of making such changes, including overhead expenses, but exclusive of any profit. 792 17. Payments shall be made as follows: a. A sum equal to .four per cent (1,%) of the estimated cost of each construction contract for which plans and/or specifi- cations are prepared, is due and payable upon completion and presentation of the plans and/or specifications to the Citv. b. A final payment equal to the total engineering .fee as deter- mined in accordance with Item 13, after deducting the following: (1) The sum of Ten Thousand Dollars ($10,000.00) previously paid the Engineers for the "Master Plan Report Sanitary, Storm, and Combined Sewers." (2) The sum of Three Thousand Dollars ($3,000.00) as credit for surveys and design performed in 1962. (3) Payments made under Paragraph 17.a. above. The final payment is due and payable for each construction contract when the contract is completed and a written report recommending acceptance has been submitted to the City by the Engineers. c. Monthly statements will be rendered by the Engineers for services performed the previous month under Section I -B, Item 10, and Section II, Item 16, and shall be payable within fifteen (15) days after receipt thereof by the City. SECTION III - SPECIAL CONSIDERATIONS 18. This contract shall be in effect as and only when approved and executed by a duly authorized representative of the City. The Engineers agree to commence their services when so authorized in writing by the City and to prosecute same to early completion. 19. It is understood and agreed that this agreement supersedes and replaces the contract for engineering services between the City .and the Engineers dated October 27, 1962. IN WITNESS WHEREOF, the City of Paducah, Kentucky, and the Burns & McDonnell Engineering Company, by their authorized representa- tives, have hereunto subscribed their names this the _ _ day of 1965. THE CITY OF PADUCAH, KENTUCKY By Title_ City Manager BURNS & McDONNELL ENGINEERING CO. By Member ofPirm" SECTION 2. 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, but it being necessary for the public health and safety, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption. Mayor Introduced by the Board of Commissioners November 21,, 1965 Adopted by the Board of Commissioners December 2, 1965 Recorded by Sarah Thurman, City Clerk, December 2, 1965.