HomeMy WebLinkAbout2012-11-7993153882
ORDINANCE NO. 2012 —11- 7993
AN ORDINANCE AUTHORIZING THE NEGOTIATION AFTER COMPETITIVE SEALED
BIDDING AND CONSUMMATION OF AGREEMENT FOR THE NOBLE PARK POOL
REHABILITATION PROJECT WITH AQUATIC RENOVATION SYSTEMS, INC., IN AN
AMOUNT NOT TO EXCEED $795,930.00 AND AUTHORIZING THE MAYOR TO
EXECUTE THE AFORESAID AGREEMENT
JWHEREAS, the City requested sealed competitive bids for the renovation of the
swimming pool at Noble Park as required by the City's Procurement Code; and
WHEREAS, the City received, reviewed, and duly considered bids submitted in
response to the aforesaid bid request and it was determined in writing by the City Manager that
all bids were in excess of the funds available for the renovation of the swimming pool, that no
additional funds were available from any source so as to permit an award to the lowest
responsive and responsible bidders, and that the best interest of the City will not permit the delay
attendant to a resolicitation under revised specifications or revised quantities under competitive
sealed bidding, as a result thereof a negotiated award was made to Aquatic Renovation Systems,
Inc., pursuant to KRS 45A.375; and
WHEREAS, the City now desires to negotiate a final agreement with Aquatic
Renovation Systems, Inc.,
NOW, THEREFORE, be it ordained by the Board of Commissioners of the City
of Paducah, as follows:
SECTION 1. Upon the corporation counsel giving final approval as to the legal
form of the appropriate agreement, the Mayor is hereby authorized to execute such agreements
wherein the services of Aquatic Renovation Systems, Inc., are retained to furnish all the necessary
labor, materials, equipment, tools and services necessary for the renovation and rehabilitation of the
Noble Park Pool is consummated for a sum not in excess of $795,930.00 the terms of which shall
be in a form as attached as Exhibit A.
Section 2. 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 3. 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 4. 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 5. Effective Date. This Ordinance shall be read on two separate days and
will become effective upon summary pi
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, November 20, 2012
Adopted by the Board of Commissioners, November 27, 2012
Recorded by City Clerk, November 27, 2012
Published by The Paducah Sun, December 3, 2012
\ord\parks\contract-noble park pool rehab
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EXHIBIT A
SECTION 00500
CITY OF PADUCAH, KENTUCKY
AGREEMENT FOR THE NOBLE PARK POOL REHABILITATION PROJECT
THIS ' AGREEMENT, made this day of November, 2012, by and between the CITY OF
PADUCAH, KENTUCKY, hereinafter called the OWNER, and AQUATIC RENOVATION
SYSTEMS, INC., hereinafter called the CONTRACTOR, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. SCOPE OF WORK
The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services
necessary for the construction of the NOBLE PARK POOL REHABILITATION. All Work shall be in
accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued.
Throughout the performance of this Contract, Florence & Hutcheson, Inc. shall, in all respects, be acting
as both Engineer and agent for the Owner, City of Paducah Department of Parks Services. All work done
by the Contractor shall be completed under the general supervision of the Engineer.
ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in
the Notice to Proceed and to fully complete the project within Ninety (90) working days thereafter, with
a final completion date not to extend past May 10, 2013.
Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in
accordance with the General Conditions shall result in the assessment of liquidated damages for the delay
(not as a penalty). Liquidated damages shall be in the amount of Two Thousand Dollars ($2,000.00) per
consecutive calendar day for failure to meet the final completion date and shall be withheld from final
payment.
ARTICLE 3. THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Contract, subject to additions and
deductions provided therein: Seven Hundred Ninety Five Thousand Nine Hundred Thirty Dollars
and Zero Cents ($795,930.00) as based on the negotiated unit pricing quoted by the Contractor dated
November 15, 2012, which shall constitute full compensation for the work and services authorized herein.
The total amount listed is reflective of the removal of the line items and quantities associated with the
construction of the new spray pad and site fencing, and demolition of the existing slide and raindrop
features. Please reference the attached "Revised Contract Scope & Budget Summary".
ARTICLE 4. PROGRESS PAYMENTS
The Contractor may submit each month, and no more than once a month, a Request for Payment for work
completed in accordance with the Specifications. The Owner will make partial payments on or about
thirty (30) days after submission of a properly completed invoice and approval of the completed work. At
the Engineer's discretion, a ten percent (10%) retainage may be held until final completion and
acceptance of the work.
ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work
will then be fully completed and the Contract fully performed in accordance with the specifications.
ARTICLE 6. THE CONTRACT DOCUMENTS
The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as
if thereto attached or herein repeated.
IN WITNESS WHEREOF:
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The parties hereto have executed this Agreement, the day and year first above written.
AQUATIC RENOVATION SYSTEMS, INC.
M6.
ADDRESS:
2825 East 55t" Place
Indianapolis, IN 46220
rd
F31
KENTU
William F. Payton" III, Mayor
ADDRESS:
Post Office Box 2267
Paducah, Kentucky 42002-2267