HomeMy WebLinkAbout2020-04-8629ORDINANCE 2020-04-8629
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT THROUGH NON-COMPETITIVE
NEGOTIATIONS WITH A QUALIFIED CONTRACTOR TO MAKE CERTAIN REPAIRS
TO A BUILDING ADJACENT TO THE FORMER KRESGE BUILDING SITE THAT
RESULTED FROM THE DEMOLITION OF THE KRESGE BUILDING AND RATIFYING
THE CITY MANAGER'S DECLARATION OF AN EMERGENCY
WHEREAS, the City of Paducah recently demolished the east wall of the Kresge
Building that was adjoined to an adjacent building located at 314-315 Broadway; and
WHEREAS, the demolition of the adjoining east wall of the Kresge Building
resulted in certain damages to the west wall and parapet of the adjacent building; and
WHEREAS, the City retained a consulting structural engineer, Gardner
Engineering & Consulting, PPLC, to evaluate the structural integrity of the parapet wall and
certain other components of the west wall of the adjacent building to determine an appropriate
scope of work necessary to repair the damage; and
WHEREAS, subsequent to the consulting engineer's initial evaluation, the
parapet wall on the adjacent building collapsed due to a wind and weather event which event also
caused additional potential damage to other areas of the west wall; and
WHEREAS, the consulting engineer has notified the City that repairs to the
adjacent building are needed to be performed on an immediate basis in order to avoid further
property damage to the adjoining building including roof and wall failure which if occurred,
would be a threat to the public safety and welfare; and
WHEREAS, based upon the consulting engineer's opinion, the City Manager has
made a written determination that an emergency exists and has further determined that in light of
the emergency, a contractor cannot be selected to abate the emergent conditions on a competitive
bid basis and in accordance with KRA 45A.380, any contract must be entered through non-
competitive negotiations.
NOW THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Ratification of Emer1jency Determination. The Board of
Commissioners hereby ratifies and adopts the City Manager's written determination that an
emergency exists relating to the condition of the building located at 314-315 Broadway. A copy
of the City Manager's written determination is attached hereto as Exhibit A.
SECTION 2. Authorization. The Board of Commissioners hereby authorizes
and directs the City Manager to select and enter a contract on behalf of the City with a qualified
contractor on a non-competitive basis in accordance with KRS 45A. 380 in order to abate the
conditions that exist to the west wall and parapet of the building located at 314-315 Broadway.
The contract shall be in accordance with the scope of work and specifications developed by the
City's consulting structural engineer, Gardner Engineering & Consulting, PPLC. Once signed by
the City Manager, the contract shall be given full force and effect and is hereby ratified by the
City. The expenditure shall be charged to Project Account # MR0073.
SECTION 3. 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 4. Effective Date. This ordinance shall become effective
immediately upon its adoption by affirmative vote of 2/3 or more of the legislative body.
t`
Brandi Harless, Mayor
ATTEST:
356ndsay Parish, Cit 'Clerk V
Introduced & Adopted by the Board of Commissioners April 14, 2020
Recorded by Lindsay Parish, Paducah City Clerk, April 14, 2020
Published by The Paducah Sun, April 17, 2020
ORD\Emergency- Campbell Building Repairs
Prepared by Attorney David L. Kelly, KKHB