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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 2 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: 3 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