HomeMy WebLinkAbout2019-02-8561ORDINANCE 2019-2-8561
AN ORDINANCE APPROVING AN AGREEMENT FOR DEMOLITION
SERVICES WITH DANNY COPE AND SONS EXCAVATING, LLC, IN AN AMOUNT
OF $573,000 FOR EMERGENCY DEMOLITION SERVICES OF THE KRESGE
BUILDING LOCATED AT 316,318 & 320 BROADWAY; RATIFYING THE CITY
MANAGER'S DECLARATION OF AN EMERGENCY AND EXECUTION OF SAID
AGREEMENT AND DECLARING AN EMERGENCY TO EXIST
WHEREAS, on February 19, 2019, several bricks fell from the fagade of the
former Kresge Building which created a public safety hazard; and
WHEREAS, the structural engineer assigned to the Kresge Building
Demolition Project, Gardner Engineering Consultants, confirmed that the Kresge Building
poses a threat to human life, as well as property damage, and recommends an emergency
demolition of the facility; and
WHEREAS, the City Manager has made a written determination that an
emergency exists which will cause public harm as a result of the delay in competitive
procedures, in accordance with the City of Paducah Code of Ordinances Sec. 2-659 and KRS
45A.380(1); and
WHEREAS, the City Manager entered into an Agreement for Demolition
Services on February 21, 2019, on behalf of the City of Paducah with Danny Cope and Sons
Excavating, LLC; and
WHEREAS, the Board of Commissioners now wish to ratify the Agreement
for Demolition Services with Danny Cope and Sons Excavating, LLC, for the emergency
demolition of the Kresge Building;
NOW THEREFORE, BE IT ORDAINED BY BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Authorizations & Recitals. The City hereby authorizes and
approves an Agreement for Demolition Services, in substantially the same form attached
hereto as Exhibit A, with Danny Cope & Sons Excavating, LLC, in an amount of $573,000,
for emergency demolition of the building located at 316, 318 & 320 Broadway, known as the
Kresge Building. Further, the City hereby ratifies the City Manager's execution of the
Agreement for Demolition Services and ratifies the City Manager's declaration of an
emergency. This expenditure shall be charged to Project Account # MR0073.
SECTION 2. Emergency Declared. Pursuant to KRS 83A.060, the
City Commission suspends the requirement of a second reading of this ordinance.
As grounds therefor, the City Commission does hereby declare an emergency to
exist due to the need for immediate action to prevent public harm and property
damage that could result from the instability of the building.
SECTION 3. Effective Date. This ordinance shall become effective
immediately upon its adoption by affirmative vote of 2/3 or more of the legislative
body.
Brandi Harless, Mayor
ATTEST:
�w
Lindsay Parish, Oy Clerk
Introduced & Adopted by the Board of Commissioners February 26, 2019
Recorded by Lindsay Parish, Paducah City Clerk, February 26, 2019
Published by The Paducah Sun, March 1, 2019
\ord\Emergency- Kresge Demolition — Danny Cope & Sons
Exhibit A
AGREEMENT FOR DEMOLITION SERVICES
THIS AGREEMENT FOR DEMOLITION SERVICES (hereafter the
"Agreement) is hereby effective this _ day of February, 2019 by and between DANNY
COPE & SONS EXCAVATING LLC, (hereinafter referred to as "Contractor"), and the
CITY OF PADUCAH, KENTUCKY (hereinafter referred to as "City") (collectively
referred to as "Parties") agree as follows:
WHEREAS, City owns the building located at 318 Broadway in Paducah, Kentucky,
commonly referred to as the Kresge Building (hereinafter the "building"); and
WHEREAS, City has retained Gardner Engineering & Consulting PLLC (hereafter
"Gardner"), a structural engineering firm with experience in building demolition projects;
and
WHEREAS, Gardner has notified the City that in its opinion, the building has
deteriorated to the point that it is in imminent danger of collapse and as such, a serious threat
to the health and safety of the public exists; and
WHEREAS, given the condition of the building and pursuant to its powers and
authority, the City has determined it necessary to order an emergency abatement of the
building and any debris associated with the abatement pursuant to KRS 65.8838 and Paducah
City Ordinance Section 42 et. seq.; and
WHERAS, due to the emergency nature of the Project (as defined herein), the City
hereby determines that an emergency exists such that it is necessary to engage in
noncompetitive negotiation because competition is not feasible due to the emergency nature
_ of this matter, rendering the provisions of KRS 45A.380 and Paducah City Ordinance
Section 2-641 et seq. inapplicable; and
WHEREAS, Contractor has agreed to perform all work necessary to temporarily
brace portions of the building in order to protect the public health and safety of the public
during the demolition process and to lawfully remove all debris (hereinafter known as "the
Project').
NOW THEREFORE, for and inconsideration of the foregoing, the undertakings of
the Parties set forth herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties
agree as follows:
Section 1. Scope of Work
1.1. Work. Contractor agrees to provide all necessary labor,
professional services, supervision, materials, tools, accessories, equipment,
permits, fees, testing, inspections, certifications, transportation, disposal,
permitting, fencing and utilities necessary to demolish the building in its entirety
and to remove and lawfully dispose of all debris associated with the Project to the
satisfaction of the City an all applicable governmental authorities or officials
having jurisdiction over the Project (hereafter the "Work.") The term Work, as
used herein, includes all demolition, services, labor, materials, tools, machinery,
equipment, transportation, disposal, permitting, utilities, and other facilities and
services necessary for the proper execution and completion of the Work.
1.2. Scope of Work. The specific Work to be performed under this
Agreement includes the temporary stabilization of portions of the building prior to
demolition, the dismantling, leveling and demolition of all improvements,
including but not limited to all components of the building, the below -grade
foundations, utility installations located on or under the building; removal and
proper disposal of all debris resulting from such Work and proper filling,
compaction and grading of the site following removal of all improvements and
debris therefrom. The Work shall also include all backfilling of the basement
areas and/or other voids or depressions with appropriate fill material with testing
to be performed by an approved geotechnical firm. The Work expressly includes
identification and remediation, removal and proper disposal of asbestos and
polychlorinated bi-phenyls or any other hazardous substances that may be present
in the building or in portions of the building. Contractor shall be required to
perform all work incident to the above Work that is necessary to complete the
Proj ect.
1.3. Workmanlike Manner and Compliance with Laws.
Contractor shall complete the Work in a good and workmanlike manner in
accordance with the terms of this Agreement and generally accepted demolition
practices adopted by firms performing services of a similar nature to the Work.
Contractor shall comply with all applicable federal, state and municipal laws,
codes, ordinances, rules and regulations.
1.4. General Requirements. Subject to additional requirements as
set forth herein, Contractor shall perform the following duties in connection with
the Work:
1.4.1. Utilities. Contractor shall contact all relevant utilities to 1) insure
that service had been disconnected; 2) to determine the location of
any underground utilities located at the site, and 3) to properly cap
off all utilities as appropriate with all applicable legal requirements.
1.4.2. Fill and Compaction. Any depressions or voids resulting from the
demolition including the removal of underground utilities, building
foundations or other items shall be filled to grade with clean fill and
appropriately compacted.
1.4.3. Gradin ¢. Following the removal of all on -grade improvements,
underground improvements and debris, Contractor shall grade all
disturbed surface areas.
1.4.4. Disposal of Hazardous Materials. Asbestos, polychlorinated bi-
phenyls and other hazardous materials, if any, shall be removed and
disposed of in a properly licensed facility in accordance with all
applicable environmental laws or other state or federal requirements.
Contractor shall promptly provide all original waste manifests and
other evidence of proper disposal following removal of any
hazardous waste from the site. All activities in the demolition
process shall comply with all state and federal environmental laws
and regulations.
1.4.5. Salvage Rights. Contractor shall have all salvage rights to all
components of the improvements to the site, except any components
containing any hazardous materials which must be disposed of as
provided herein.
1.4.6. Safety fencing. Contractor shall supply and install safety fencing for
the Project including fencing for the sidewalk areas.
1.5 Safety. Contractor further agrees that it will, during the performance of the
Work, take proper precautions to prevent injury or damages to persons or property, including
without limitation providing, erecting, and maintaining all reasonable, necessary, or required
safety devices for its employees and flagmen, erecting proper barricades and other safeguards
around its Work, and posting danger signs and other warning devices where warranted by the
nature of the existing condition of the Work. In any event, Contractor shall promptly and
properly replace any safety devices provided by others or Contractor and which are disturbed
by Contractor's operations or forces hereunder. Contractor shall take all necessary steps to
protect and secure its Work, materials, tools, scaffolding, equipment, buildings, trailers, and
work shacks from vandalism, theft, and fire damage and City shall not be responsible for
losses or damages to such items. Contractor shall be responsible for initiating, maintaining,
and supervising safety precautions and programs in connection with the performance of its
Work hereunder. Contractor shall take all reasonable precautions for the safety of and shall
provide all reasonable protection to prevent damage, injury or loss to: (i) all Contractor's
employees on the Project and all other persons on or near the Project Site who may be
affected by Contractor's operations; (ii) all the Work and all materials and equipment used in
connection with the performance of the Work, whether on or off-site, under the care, custody,
or control of Contractor or any of Contractor's Subcontractors; and (iii) other property at the
site or adjacent thereto; When the use or storage of explosives or other hazardous materials
or equipment is necessary for the execution of the Work, Contractor shall exercise the utmost
care and shall carry on such activities under the supervision of properly qualified personnel
and in accordance with all applicable Legal Requirements. Contractor shall properly remedy
all damage or loss to any property referred to herein caused in whole or in part by Contractor,
any of its Subcontractors, or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable and for which Contractor is responsible
hereunder. The foregoing obligation is in addition to Contractor's indemnification
obligations set forth elsewhere herein. City will not in any manner be answerable or
accountable for any loss or damage that shall or may happen to the Work or any part or parts
thereof respectively or for any of the equipment, materials or other things used and employed
in finishing and completing the Work, or for injury to any person or persons, either workers
or the public, or for damage to property.
1.6. Additional Services. At the point the building has been
demolished and leveled, the Contractor and City, along with the City's consulting
engineer, shall evaluate the condition of any adjoining buildings. The City may
issue an additional scope of work to Contractor to stabilize such adjoining
structures. In addition, in the discretion of City, the City may direct Contractor to
perform other work necessary to complete the Project which addition work shall
be performed on a time and material basis or on a mutually agreed lump sum.
Section 2. Conducting and Supervising Work.
2.1. Means, Methods, and Techniques. Contractor shall use its best skill and
attention in supervising and directing the Work and shall have full control over and sole
responsibility for the means, methods, techniques, sequences and procedures of the Work and
shall coordinate the Work with any other work being done by City or City's separate
contractors. Contractor shall be responsible for worksite safety, but shall at all times comply
with any safety rules or programs maintained by City at the Site. Contractor shall be
responsible for all acts and omissions of Contractor's employees, agents, subcontractors,
licensees and invitees at the jobsite or elsewhere while acting in connection with the Project.
Neither City nor City's employees or agents shall be responsible for Contractor's (a) means,
methods, or techniques; (b) safety precautions or programs; (c) acts or omissions; or (d)
failure to carry out the Work in accordance with the Agreement, applicable environmental
laws or other legal requirements.
2.2. Jobsite Order. Contractor shall maintain good order at the jobsite at all times
and shall not permit unqualified personnel to work on the Project. Contractor shall not permit
the use of drugs or alcohol by its employees or those of its subcontractors on the site and
shall immediately remove from the Site any such person under the influence of drugs or
alcohol.
2.3. Subcontractors. Contractor shall supply to City a list of any subcontractors to
whom Contractor expects to perform work valued in excess of $5,000.00. Each such
subcontract shall: (a) require that such Work be performed in accordance with the
requirements of this Agreement; (b) require the subcontractor to carry and maintain liability
insurance in an amount not less than those set forth in this Agreement and to furnish a
certificate of such insurance naming City as additional insureds prior to entry on the site.
Section 3. Contract Sum.
3.1. Lump Sum. For all Work required under this Agreement, City agrees to pay
Contractor the total lump sum fixed fee of $573,000.00 except as may be modified by a
Changer Order or Change Directive. The lump sum quote provided by Contractor to City is
attached hereto as Exhibit A. To the extent any conflict exists between this Agreement and
the quote, the terms of this Agreement shall prevail.
3.2. Amount Changed only by Change Order. Notwithstanding anything to the
contrary contained in this Agreement, it is the specific intent of the City and of Contractor
that the Contract Sum may not, under any circumstances, be increased, other than by a
written Change Order signed by authorized representatives of both the City and Contractor or
by Change Directive.
3.3. Amounts Outside of Contract Sum. Contractor agrees that it will not perform
any work outside the scope of this Agreement prior to receipt of a signed Change Order or
Change Directive from the City. Any such additional work performed without a Change
Order or Change Directive shall not be subject to reimbursement by the City. Contractor will
be solely responsible for all its costs and expenses incurred in connection with this Contract
that are not specifically provided for herein or in a written Change Order or Change
Directive. This provision is of the highest importance to the City and the City would not have
entered into this Agreement absent this provision.
3.4. ChanIzes in the Work.
A. A "Change Order" is a written agreement signed by the City and
Contractor stating their agreement upon a change in the Work and the amount of the
adjustment of the Contract Sum, if any.
B. A "Change Directive" is a written order prepared by the City directing
a change in the Work and stating a proposed basis for adjustment, if any, in the
Contract Sum. The City may by Change Directive, without invalidating this
Agreement, order changes in the Work within the general scope of the contract
documents consisting of additions, deletions or other revisions, with the Contract
Sum being adjusted accordingly. A Change Directive shall be used in the absence of
total agreement on the terms of a Change Order.
C. Changes in the Work may be accomplished after execution of this
Agreement, and without invalidating this Agreement, by Change Order or Change
Directive, subject to the limitations stated in this Section 3.4 and elsewhere in the
contract documents. A Change Order shall be based upon agreement among Owner
and Contractor. A Change Directive issued by the City may or may not be agreed to
by Contractor, however Contractor shall perform the changes in the Work under
applicable provisions of the Contract Documents, and Contractor shall proceed
promptly to perform all such changes in the Work (including, without limitation,
under a Change Directive whether or not agreed to by Contractor) even if Contractor
does not sign the Change Directive.
D. A Change Directive signed by Contractor indicates the agreement of
Contractor therewith, including adjustment in the Contract Sum and/or Contract Time
or the method for determining same. Such agreement shall be effective immediately
and shall be recorded as a Change Order.
E. No more than 10% profit and overhead will be allowed on any change
order.
3.5. Payment of the Contract Sum. After Contractor has completed all of the Work
in accordance with the Agreement and other controlling requirements, Contractor shall notify
the City in writing. When the City is satisfied Contractor has completed the Work in
accordance with the Agreement, the City shall notify Contractor of final acceptance of the
Work by issuance of an "Owner's Certificate of Acceptance" in such form determined by the
City. Upon receipt of the Owner's Certificate of Acceptance, Contractor shall deliver to
Owner an invoice for the entire Contract Sum along with the following documents:
A. An affidavit or final waiver of lien, in such form as the City may
request, certifying payment of its subcontractors, laborers, suppliers and materialmen;
B. Releases and/or final waivers of the subcontractors or materialmen of
Contractor of liens arising out of or in connection with performance of the Work as
Owner may request; and
B. A release by Contractor of all claims against Owner arising out of the
Contract Documents and/or performance of the Work. 11.2.
C.
3.7. Payment of Final Invoice. The City shall pay the Contract Sum to Contractor
within 30 days after Owner's receipt of the final invoice and all of the items listed in Section
3.5, all to the reasonable satisfaction of the City.
3.6. Effect of Final Payment. The payment of the final payment by the City shall
not affect or impair the City's rights with respect to any defect in or nonconforming Work or
any other breach or right or remedy under the Agreement or the law.
3.7 Inspections. Prior to making the final payment required, the City (individually
or through its structural engineer or other consultants) shall have the right, but not the
obligation, to conduct inspections of the Work to determine the level of completion of the
Work, the quality thereof and the compliance of the Work with the Agreement and all
applicable codes, ordinances, regulations or other legal requirements. Should the City elect to
retain a consultant for such inspections, such consultant shall have the authority, in the
consultant's sole discretion, to reject all nonconforming Work and to make recommendations
to the City regarding the acceptance or rejection of any Work.
8. Withholding Pavments. Payments may be withheld by the City for any of the
following reasons:
A. Contractor fails to correct defective or non -conforming Work;
B. Claims or liens have been filed or threatened;
C. Contractor has failed to make timely and adequate payments to
subcontractors or others;
D. Contractor has failed to carry out the Work in accordance with this
Agreement;
E. The City incurs costs and expenses to cancel or discharge the lien of a
subcontractor, laborer or materialman of Contractor; and
F. The Contractor defaults in its obligations under this Agreement.
Section 3.9. No Liens. Contractor agrees that any monies it shall receive in payment
for Work performed under this Contract, other than the portion of such payments being a part
of Contractor's fee for services rendered under this Contract and remaining after payment in
full of all expenses associated with the Work, shall be received in trust and used to discharge
its financial obligations with respect to such Work. Contractor further agrees that it will not
file or cause to be filed any mechanic's lien for labor performed or to be performed unless
the City fails to pay in accordance with the Agreement. Contractor further agrees that if any
subcontractor holding a subcontract from it or any materialman supplying materials to it or
anyone claiming by or through it or any such subcontractor or materialman shall file or cause
to be filed any lien, Contractor will, upon notice from the City, cause such lien to be canceled
and discharged within 15 calendar days from such notice; and in the event of Contractor's
failure to do so, City shall have the right to cause such lien to be canceled and discharged,
and in that event any expense so incurred by the City, including the premiums upon any bond
furnished for such cancellation and discharge and reasonable attorneys' fees and
disbursements, shall be paid by Contractor, or at the option of the City, shall be deducted
from any payment then due or thereafter becoming due from the City to Contractor.
Section 4. Schedule
All parties agree and understand that time is of the essence in the completion of all
Work for the Project. Contractor shall immediately commence performance of the Work
upon receipt of a signed copy of this Agreement. Contractor shall use its good faith efforts to
complete this project as rapidly as reasonably possible, while ensuring the safety of its
employees and the general public. Contractor agrees to perform the Work on a continuous
full time basis from the date work is commenced to the date it is complete. Contractor shall
supply adequate manpower and resources necessary to complete the Project in a timely
manner.
Section 5. City's Responsibilities. The City shall have the following
responsibilities:
5.1. Representative. The City will designate representatives to act on its
behalf relative to the Project. The City's representatives shall examine
documents submitted by Contractor and shall render decisions
pertaining thereto promptly to avoid unreasonable delay in the
progress of Contractor's services.
5.2. Consultants. The City may engage the services of a consulting
engineer who may assist the City in this regard.
Section 6. Indemnification.
6.1. Indemnification. To the fullest extent permitted by applicable law,
Contractor shall defend, indemnify and hold harmless the City and its Board of
Commissioners, officials, employees or agents (collectively, the "City Indemnified
Persons"), and individually, a "City Indemnified Person" from and against:
A. All claims, damages, losses and expenses, including attorneys' and
consultants' fees, arising out of the failure, in whole or in part, directly or indirectly,
of Contractor, any subcontractor, or material or equipment supplier, or anyone
directly or indirectly employed by them and all other persons for whom Contractor
may be legally liable to comply with applicable environmental laws or the release or
disturbance of hazardous materials by the Contractor or those under its control.
Contractor hereby agrees to indemnify, defend and hold all City Indemnified Persons
harmless from and against any and all costs, penalties, fines, remediation expenses,
accountants', experts' and attorneys' fees and costs of litigation in the event of any
allegation of improper disposal of hazardous materials by Contractor or any
subcontractor in connection with this Agreement.
B. All claims, damages, losses, expenses, liabilities and judgments which may
be made, asserted or entered against the City or any other City Indemnified Person
(including attorneys', consultants' and experts' fees), which arise from, are incident to,
grow out of or are connected with bodily injuries to any person, (including employees
of Contractor or employees of any subcontractor), or damage to any property, caused
in whole or in part by Contractor or any other subcontractor of Contractor (except to
the extent caused by the sole negligence of any City Indemnified Person). Contractor
hereby waives any immunity provided for by the applicable workers compensation
laws so that this indemnity may be enforced against Contractor for any action against
any City Indemnified Person by any employee or alleged employee of Contractor or
subcontractor.
C. Any and all liability imposed by reason of Contractor's or any
subcontractor's actual or asserted violation of laws, regulations, ordinances, or other
rules of government or any quasi -governmental body or agency, including but not
limited to, OSHA, or any other federal or state agency.
Section 7. Insurance. Contractor as well as any subcontractor shall maintain at all
times, the following insurance. Contractor shall provide certificates of insurance to the City
prior to commencing work.
A. Commercial General Liability with limits of no less than the following:
$1,000,000 per occurrence, $2,000,000 general aggregate, $1,000,000
product -completed operations aggregate limit, $1,000,000 personal and
advertising injury limit, $100,000 damage to premises rented to you limit,
$10,000 medical expense limit.
B. Business Automobile Liability with limits of no less than $1,000,000
C. Workers Compensation with the statutory limits.
D. With the exception of the workers compensation policy, Contractor shall
name the City as an additional insured on all policies of insurance. In the
event an insurance carrier refuses to add the City as an additional insured,
Contractor shall immediately notify the City.
Section 8. Termination or Suspension
8.1. Termination. The City may terminate this Agreement or any portion of the
Work at any time, with or without cause, by providing written notice to Contractor. In the
event of termination, the City shall pay Contractor for any work performed and verified
expenses incurred up to the date of termination subject to the right to withhold payment as
provided in Section 3.4 above or as otherwise permitted under the law.
8.2. Suspension. The City may suspend performance of all or any portion of the
Work at any time, with or without cause, upon written notice to Contractor. In the event of a
suspension, Contractor shall protect and secure the Work in such manner as the City or its
consulting engineer may require at the City's expense. Following a suspension, the City
may at any time give Contractor notice that the suspension is lifted and Contractor shall
immediately resume Work.
Section 9. Default.
9.1. Events of Default. Each of the following circumstances shall constitute an
"Event of Default:"
A. Contractor institutes a proceeding in bankruptcy or a receiver is appointed
or seeks a corporate reorganization or is unable to pay its debts when due;
B. Contractor fails to perform any material obligation under this Agreement
and such failure continues or has not been remedied and/or the effects of
such failure have not been remedied, in each case, for more than three (3)
days after notice by the City or if Contractor.
C. Contractor abandons performance of the Work and such abandomnent is
not cured within three (3) days after first written notice is provided.
D. Contractor breaches any applicable environmental laws or regulations and
such breach is not cured within three (3) days written notice.
E. Contractor fails to obtain or maintain, in full force and effect, any
insurance required under this Agreement.
9.2. Pavment Obligations. If City terminates this Agreement as a result of an Event
of Default, the City is not obligated to make any further payments to Contractor until the
Work that remained outstanding on the date of termination has been completed by or on
behalf of the City. Any payment to Contractor shall be subject to the City's right to set off
from such amount owed the Contractor from the costs incurred by the City to complete the
Contractor's unfinished Work and/or any other losses incurred as a result of Contractor's
default.
Section 10. Miscellaneous.
10.1. Governing Law. The validity of this Agreement, its interpretation and
performance shall be governed exclusively by the laws of the Commonwealth of Kentucky.
10.2. Venue. The Parties hereby agree that any legal action relating to this
Agreement shall be filed in the State Courts located in McCracken County, Kentucky.
10.3. Prevailing Attorney fees. In the event of a dispute, the prevailing party shall
have the right to recover from the other party its costs and expenses incurred by reason of the
dispute, including attorney's fees.
10.4. Entire Agreement. This Agreement, including any exhibits, contains the
entire agreement by and between the City and Contractor pertaining to the subject matter of
this Agreement and fully supersedes all prior contracts and understandings between the City
and Contractor pertaining to such transaction. Any modifications shall be made in writing
and with the mutual consent of the Parties.
10.5 Severability. Any provisions of this Agreement later held to be unenforceable
for any reason shall be deemed void and all remaining provisions shall continue in full force
and effect. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating responsibility or liability between the Parties shall
survive the completion of the services hereunder and the termination of this Agreement.
10.6. Non -Waiver. The failure at anytime to enforce any provision of this
Agreement or failure to exercise any right herein granted shall not constitute a waiver of such
provision or such right thereafter to enforce any or all of the provisions of this Agreement.
10.7. Headings. The Section headings contained herein are for reference only and
shall not be construed as substantive parts of this Agreement.
IN WITNESS WHEREOF, the parties have, through their authorized
representatives, executed this Construction Services Agreement as of the date first written
above.
DANNY COPE & SONS EXCAVATING LLC
By (Title)
Printed Name
CITY OF PADUCAH, KENTUCKY
C
Printed
(Title)