HomeMy WebLinkAbout2020-05-8638ORDINANCE 2020-05-8638
AN ORDINANCE APPROVING THE TERMINATION OF THE
CONSTRUCTION CONTRACT ENTERED BETWEEN THE CITY OF PADUCAH AND
HUFFMAN CONSTRUCTION, LLC DATED MAY 3, 2018 REGARDING THE FLOOD
PUMP STATION # 2 REHABILITATION PROJECT AND DECLARING AN EMERGENCY
TO EXIST
WHEREAS, the City entered into an Agreement with Huffman Construction,
LLC dated May 3, 2018 relating to the Flood Pump Station # 2 Rehabilitation Project; and
WHEREAS, the City has notified Huffman Construction, LLC of the City's intent
to terminate the aforesaid Agreement due to Huffman Construction LLC's default and material
breach of the aforesaid Agreement; and
WHEREAS, Huffman Construction, LLC has been notified that the effective date
of the termination shall be the date such termination is approved by the City Commission.
NOW THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Termination of Contract. The City hereby authorizes and approves
the termination of the aforesaid Agreement entered between the City and Huffman Construction,
LLC dated May 3, 2018 due to the default and material breach of contract by Huffman
Construction, LLC. The effective date of the termination shall be the date this ordinance is
approved by the City Commission.
SECTION 2. Emergency Declared. Pursuant to KRS 83A.060, the City
Commission suspends the requirement of a second reading of this ordinance. As grounds
therefore, the City Commission does hereby declare an emergency to exist with respect to
the Project. It is imperative that the City retain a replacement contractor under terms
agreeable between the City and Huffman Construction LLC's surety, Western Surety
Company. At present, the pump facility is at 50% of full capacity and the lead time for
ordering replacement pumps is 36-40 weeks in advance. The work necessary to complete
the project will need to be performed in the July -August, 2021 time frame due to the
impact of the Ohio River stages. Any delay in retaining a replacement contractor could
impact this time frame so that the project would not be able to be completed until the July -
August 2022 time frame if such replacement contractor is not retained forthwith.
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:
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-Lindsay Parish, City Clerk
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Introduced & Adopted by the Board of Commissioners May 26, 2020
Recorded by Lindsay Parish, Paducah City Clerk, May 26, 2020
Published by The Paducah Sun, May 28, 2020
ORD\Emergency — Termination of Agreement between City and Huffinan Construction, LLC
regarding Flood Pump Station # 2 Rehabilitation Project
Prepared by David Kelly. Keuler, Kelly, Hutchins, Blankenship & Sigler LLP