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HomeMy WebLinkAbout2023-11-8795ORDINANCE NO. 2023-11-8795 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $127,300 FOR THE ADDITION OF EIGHT SLUICE GATES, RESULTING IN A FINAL CONTRACT AMOUNT OF $1,815,900 FOR THE FLOODWALL FLAPGATE PROJECT WHEREAS, on July 27, 2021, the City Commission approved Ordinance No. 2021-07-8696 to authorize an agreement with Jim Smith Contracting in the amount of $2,152,000 for the Paducah Floodwall Flap Gate Replacement Project; and WHEREAS, on April 26, 2022, Ordinance No. 2022-04-8731 was approved, authorizing a contract modification of ($463,400) for a contract cost of $1,688,600, resulting from a change in the flap gate vendor. Due to supply chain issues, vendor non -responsiveness, and excessive cost of materials and items to fulfill the Buy American Act, the City issued a waiver of the Buy American Act to Jim Smith Contracting, LLC. The City consulted with the U.S. Army Corps of Engineers to verify the authority to issue the waiver; and WHEREAS, the cost savings of the Buy American Act waiver allows the City to replace an additional eight (8) sluice gates for a contract increase of $127,300, with a final contract cost of $1,815,900. By replacing these eight sluice gates, all flap gates and sluice gates within the Paducah Local Flood Protection Project (LFPP) will be replaced. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Contract Modification No.2 with Jim Smith Contracting, LLC to increase the contract in an amount of $127,300, resulting in a final contract amount of $1,815,900. SECTION 2. The Federal Government is a 65% partner, with the City contributing 35% to the Project. The Floodwall Flap Gate Replacement Project is part of the City's in-kind match and counts toward the City's 35% project portion. The amount of $127,300 shall be paid from the FW Flap Gates, Account Number FW0010. SECTION 3. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Cy titer 424. Bray, Mayor ATTEST: mdsay Parish, Ty Clerk Introduced by the Board of Commissioners, November 14, 2023 Adopted by the Board of Commissioners, November 28, 2023 Recorded by Lindsay Parish, City Clerk, November 28, 2023 Published by The Paducah Sun, December 1, 2023 \ord\eng\Contract Amend No. 2 — Jim Smith Contracting Flapgate Replacement Project