HomeMy WebLinkAbout2019-03-8564ORDINANCE 2019-3-8564
AN ORDINANCE APPROVING AN ADDENDUM TO THE
AGREEMENT FOR DEMOLITION SERVICES WITH DANNY COPE AND SONS
EXCAVATING, LLC FOR EMERGENCY DEMOLITION SERVICES OF THE KRESGE
BUILDING LOCATED AT 316,318 & 320 BROADWAY; AUTHORIZING THE
MAYOR TO EXECUTE THE ADDENDUM AND DECLARING AN EMERGENCY TO
EXIST
WHEREAS, the City Manager entered into an Agreement for Demolition
Services on February 21, 2019 relating to demolition of the Kresge Building, on behalf of the
City of Paducah with Danny Cope and Sons Excavating, LLC after determining that an
emergency existed; and
WHEREAS, the Board of Commissioners ratified the Agreement for
Demolition Services with Danny Cope and Sons Excavating, LLC, for the emergency
demolition of the Kresge Building and the City Manager's written determination of an
emergency on February 26, 2019; and
WHEREAS, the Original Agreement with Danny Cope and Sons Excavating,
LLC stated that the City would make payment to Danny Cope and Sons Excavating, LLC in
one lump sum following completion of the demolition work on the Kresge Building; and
WHEREAS, Danny Cope and Sons Excavating, LLC has informed the City of
Paducah that, due to the costs associated with the demolition, including payments due to
vendors, periodic payments, rather than one lump sum payment, are necessary for the
continuation of the demolition process; and
WHEREAS, the City of Paducah has agreed to amend the Demolition
Agreement to reflect a process whereby the City Manager is authorized to pay Danny Cope
and Sons Excavating, LLC periodic payments throughout the demolition process so long as
the total amount paid does not exceed the amount approved by the City Commission in the
original Demolition Agreement and approved change orders.
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 Addendum to the Agreement for Demolition Services, in substantially the same
form attached hereto as Exhibit A, with Danny Cope & Sons Excavating, LLC, and
authorizes the Finance Director to make periodic payments to Danny Cope & Sons
Excavating, LLC, pursuant to said Addendum, for the emergency demolition of the building
located at 316, 318 & 320 Broadway, known as the Kresge Building, so long as the total
partial payments do not exceed the amount previously approved by the City Commission,
with approved change orders. Further, the Mayor is hereby authorized to execute the
Addendum to the Agreement for Demolition Services. 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:
Lmdsay Parish, City Jerk
Introduced & Adopted by the Board of Commissioners March 26, 2019
Recorded by Lindsay Parish, Paducah City Clerk, March 26, 2019
Published by The Paducah Sun, March 28, 2019
ORD\Emergency — Kresge Addendum to the Agreement for Demolition Services
Ordinance Prepared by Stacey Blankenship, KKHB
226603
EXHIBIT A
ADDENDUM TO THE AGREEMENT FOR DEMOLITION SERVICES
This ADDENDUM TO THE AGREEMENT FOR DEMOLITION SERVICES
(hereafter "Addendum") is hereby effective this _ day of March, 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") who hereby agree as follows:
WHEREAS, the Parties entered into an Agreement for Demolition Services
(hereafter the "Demolition Agreement") effective February 21, 2019 for the demolition of the
building located at 318 Broadway in Paducah, Kentucky commonly referred to as the Kresge
Building (hereafter the "Demolition Project"); and
WHEREAS, the Demolition Agreement provided for a lump sum payment to be paid
by the City to the Contractor upon completion of the Demolition Project; and
WHEREAS, the Parties desire to amend the Demolition Agreement to permit
periodic payments to Contractor as set forth under the terms of this Addendum.
NOW THEREFORE, for and in consideration 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 to amend the Demolition Agreement as follows:
3.5.1 Payment of the Contract Sum. At periodic intervals, the Contractor may submit
an Application for Payment to the City requesting partial payment of the Contract Sum. The
Application for Payment shall not be more than a reasonable estimate of the percentage of
completion of the Demolition Project as of the date of the Application. The City shall review
the Application for Payment and may consult with its structural engineer or other consultants.
In the event the City disputes the amount requested in the Application for Payment, the
Parties shall immediately confer in a good faith effort to resolve such dispute. In the event
the Parties cannot mutually resolve the dispute, the City shall pay the amount for which it
does not dispute.
3.5.2 Partial/Final Lien Waivers. As a condition of payment for any amounts
requested in the Application for Payment, Contractor must include the following along with
the Application for Payment:
A. A partial conditional lien waiver from the Contractor in the form approved
by the City for the total payment requested in the Application for
Payment;
B. A partial or final conditional lien waiver in the form approved by the City
from all subcontractors or vendors on whose account the Contractor is
seeking payment in the Application for Payment for the total amount of
such payment requested;
C. A partial unconditional lien waiver in the form approved by the City from
the Contractor for the sum of all previously paid progress payments;
D. A notarized statement from the Contractor certifying that: (1) the
Application for Payment is correct; (2) the Contractor is not aware of any
filed or threatened mechanics' or other liens; and (3) all due and payable
bills with respect to the Work which has been paid in full or will be paid in
full from the proceeds of the Application for Payment;
E. The Contractor shall supply any other information substantiating
Contractor's right to Payment as the City or its structural engineering
consultant may request;
F. The Contractor may include in an Application for Payment a request for
payment on account of changes in the Work which have been properly
authorized by a Change Order or Change Directive; and
G. Contractor shall not request any sums on account of any subcontractor,
vendor, materialmen or laborer for which it does not intend to pay from
the proceeds requested in any Application for Payment.
3.5.2 Final Payment. The Contractor's right to payment for the final Application for
Payment shall be conditioned upon City's final approval and acceptance of the Work.
In addition, Contractor shall deliver final lien waivers from all subcontractors and
materialmen on such forms as may be required by the City as well as a final lien
waiver and release from the Contractor on such forms as the City may require.
3.5.3 Non Waiver. Unless specifically amended by the terms of this Addendum, all
terms and conditions of the Demolition Agreement shall remain in effect and shall be
fully binding upon the Parties.
IN WITNESS WHEREOF, the parties have, through their authorized
representatives, executed this Addendum to the Agreement for Demolition Services as of the
date first written above.
DANNY COPE & SONS EXCAVATING LLC
By
Printed Name
Date
(Title)
CITY OF PADUCAH, KENTUCKY
(Title)
Printed Name