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Home My WebLink AboutCCMPacket2013-04-23CITY COMMISSION MEETING AGENDA FOR APRIL 23, 2013 5:30 P.M. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PRESENTATIONS: Dogwood Trail Winners — R. MORSE Pre -budget Workshop — CITY MGR/J. PER I. MINUTES II. MOTIONS A. R & F Documents III. RESOLUTION Accept RAMP Upon Recommendation of PRDA — S. DOOLITTLE IV. MUNICIPAL ORDERS A. Personnel Changes B. Accept Donation of Computer for Police Department — POLICE CHIEF BERRY V. ORDINANCE —ADOPTION A. Approve Interior Renovations of 533-535 Fountain Avenue — S. ERVIN VI. ORDINANCE — INTRODUCTION A. Authorize Contract for the Ohio River Boat Launch Project — R. MURPHY B. Authorize Contract for the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill —R. MURPHY C. Authorize Change Order #1 for the Greenway Trail Phase II Engineering Design Contract — R. MURPHY D. Closure of a Portion of South A` Street and Woodward Street at the Intersection of Wayne Sullivan Drive — R. MURPHY VII. CITY MANAGER REPORT VIII. COMMISSIONER COMMENTS IX. PUBLIC COMMENTS X. EXECUTIVE SESSION APRIL. 9, 2013 I move that the following documents and bids be received and filed: DOCUMENTS 1. Insurance Certificates: a. Heartland Cares, Inc. 2. Agreements: a. Subordination Agreement with Hooper's for 219-223 Broadway (Ord.# 2008-2-7391) b. Two Triple Combination Pumper Trucks for Use by the Fire Department (Ord.#2013-3- 8022) BIDS ENGINEERING -PUBLIC WORKS DEPARTMENT OHIO RIVER BOAT LAUNCH PROJECT a. Jim Smith Contracting Co., LLC b. Harold Coffey Construction Co., Inc. Agenda Action Form Paducah City Commission Meeting Date: April 23, 2012 Short Title: Accept RAMP Recommendation from Paducah Riverfront Development Authority ❑Ordinance ❑ Emergency ❑ Municipal Order ® Resolution ❑ Motion Staff Work By: SDoolittle Presentation By: SDoolittle Background Information: In 2009 the city received a grant from the National Park Service. The stated purpose of the grant was to develop a plan to increase cultural opportunities and visitation. Paducah has been a leader in the use of cultural attractions to redevelop and stimulate historic areas. So the Renaissance Area Master Plan (RAvIP) was conceived. Locally, we took a very expansive view of the riverfront and historic districts in the downtown area work together to improve visitorship and development opportunities. PRDA engaged CityVisions of Louisville as the lead consultant. On March 20, 2012 PRDA formally adopted the plan. It was referred to the Planning Commission for incorporation into the city collection of Comprehensive Plan documents. The Planning Commission took no action on the document. In response to Planning Commission concerns, the PRDA supported version of the plan says the city should be open to development opportunities on 100 -300 blocks of North 2n° Streets but design consideration should be made for parking, views from residents, building scale and massing, architecture, and for the impact on vacant historic structures. The PRDA approach would focus less on .,what" is developed, and more on the "how". There is no developer that is asking about the land. There is no three story parking garage planned. Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods® Restored Downtowns Funds Available: Account Name: NA Account Number: NA Finance Staff Recommendation: Approve Attachments: Department Head City Clerk City Manager RESOLUTION A RESOLUTION ACCEPTING THE RENAISSANCE AREA MASTER PLAN (RAMP) WHEREAS, a key priority of the City of Paducah is to develop a strong local economy and make the Renaissance area of Paducah a national and regional center for the arts, dining, shopping, unique residences, visiting cultural attractions, and experiencing the river front; and WHEREAS, the development of a master plan is critical to achieving those priorities; and WHEREAS, the City of Paducah did previously cause to have a "Request For Proposals" produced and advertised; and WHEREAS, the city board of commissioners, by ordinance, did assign the task of completing the plan to the Paducah Riverfront Development Authority (PRDA); and WHEREAS, City Visions Associates of Louisville, KY did respond to the city's "Request For Proposals", and was selected as the lead consultant by PRDA as most responsive; and WHEREAS, PRDA has conducted numerous meetings and public forums to solicit input from the public; and WHEREAS, PRDA did formerly adopt the plan on Wednesday, March 20, 2012. NOW, THEREFORE BE IT RESOLVED, the Mayor and the City Board of Commissioners do accept the work of PRDA as the completed Renaissance Area Master Plan. SECTION 1 The PRDA did conduct numerous public meetings and conducted two advertised public forums to solicit community feedback. The individual board members, staff, and consultant spent considerable hours soliciting feedback from stakeholders and the general public. SECTION 2 PRDA referred the document to the Paducah Planning Commission. The Planning Commission conducted lengthy hearings and made numerous suggestions to the PRDA over the past year. PRDA incorporated a number of those suggestions into the plan body. SECTION 3 The plan, as amended, is generalized. The plan shall be used to guide development and make capital improvements. Every action item within the plan will require separate and specific implementation strategies by the city, its agencies and others. Approval of the resolution does not obligate the city to implement every action item proposed in the planning document. The city should remain opportunistic and react to proposals as resources become available. Mayor Gayle Kaler Date CITY OF PADUCAH April 23, 2013 Upon the recommendation of the City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Manager's Signature Date CITY OF PADUCAH PERSONNEL ACTIONS April 23, 2013 TERMINATIONS - FULL-TIME (FIT) POSITION REASON PRA Graves, Kathryn H. Marketing Specialist Resignation Gz EFFECTIVE DATE May 1, 2013 May 1, 2013 April 12, 2013 EFFECTIVE DATE April 26, 2013 NEW HIRES - PART-TIME (PIT)ITEMPORARYISEASONAL POSITION RATE NCS/CS FLSA PARKS SERVICES Collins, Samantha J. Pool Manager $9.50/Hr NCS Non -Ex Miller, Keegan R. Pool Manager $9.50/Hr NCS Non -Ex Fiend, Samantha J. Tiny Tot League Coach $8.00/Hr NCS Non -Ex TERMINATIONS - FULL-TIME (FIT) POSITION REASON PRA Graves, Kathryn H. Marketing Specialist Resignation Gz EFFECTIVE DATE May 1, 2013 May 1, 2013 April 12, 2013 EFFECTIVE DATE April 26, 2013 Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Accept donation of computer ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Assistant Chief Stacey Grimes Presentation By: Chief James Berry Background Information: Four Rivers Behavioral Health has offered to donate a computer system for use by the police department's prescription drug investigator. The system is valued at $3,846.21 and will be provided at no cost to the department. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A Finance Staff Recommendation: Accept donation of computer system from Four Rivers Behavioral Health. Attachments: James O. Berry, signed electronically ------ >electronically Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: April 9th, 2013 Short Title: Interior Renovations of 533-535 Fountain Avenue ® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Charlie Doherty/Steve Ervin Presentation By: Steve Ervin Background Information: April 2010 Key Components: in an effort to stabilize URCDA structures in the Fountain Avenue neighborhood, staff recently solicited bids for the interior rehab phase of the primary structure of the URCDA property located at 533-535 Fountain Avenue. The scope of work will include a total interior rehab of the structure and the conversion of this duplex into a single family residence. All work performed will comply with the current City codes and regulations. Complete bid specs have been included in this staff report as an attachment. Staff Analysis: The house at 533-535 Fountain Avenue stands on the corner of Fountain Avenue and the main corridor of Martin Luther King Jr. Boulevard. Located on the western border of the Fountain Avenue neighborhood, it is the public's first introduction to the City's revitalization efforts as the east bound traffic flows toward downtown. This high profile intersection is also the future location of the "Fountain Avenue Neighborhood" sign which will include extensive landscaping to the median and a neighborhood sign to designate the beginning of the Fountain Avenue Neighborhood. In February of 2011, URCDA awarded Gordon Roofing the re -roof bid which was completed on March 14`h, 2011. In March of 2012, the URCDA Board awarded Crawford Contracting the exterior rehab bid which was completed in June of 2012. The Midtown Alliance of Neighbors demoed 90% of the interior plaster walls in August of 2012 and in February of 2013, staff completed additional landscaping to the structure. In March of 2013, construction of the Fountain Avenue sign began. The current bids under consideration represent the final phase of this rehab project. Once completed, the house and accessory structure will be offered to the public for sale. Bids: In full compliance with the City's procurement policies, staff solicited sealed bids through an advertisement in the Paducah Sun on March 13s', 2013 and mailed invitations to bid to all contractors on the City's qualified contractors list on March I1", 2013. Based on the scope of work, staff anticipated the contractor's bids to total somewhere in the neighborhood of $75,000. Bids were opened at 9:31 AM on Tuesday, March 261h, 2013 with the following results: 533-535 Fountain Avenue Bids: 1. Crawford Construction: $79,350.00 2. D&D Construction: $104,887.00 3. Jim Steele Construction: $95,220.00 4. Midstates Construction: $112,899.00 5. Petraitis Construction: $81,144.00 Staff reviewed each bid in order to determine the most qualified contractor based on the best evaluated bid, the contractor's overall qualifications, and the estimated cost of the work to be performed. The following criteria and corresponding scoring system were used with the highest possible score being 100 points: perience or technical expertise of the contractor and its p to 20 Points nection with this type of work. performance on contract with the community and Eclients, p to 20 Points luding quality of work, timeliness, and cost control. 3. Capacity of the contractor to perform the work within the time p to 20 Points imitations, taking into consideration the current and planned workload of he firm. 4. Cost Up to 20 Points 5. Familiarity with local conditions relevant to the proposed project. Up to 20 Point All contractors were evaluated with the following results: • Crawford Construction: 84 • D&D Construction: 92 • Jim Steele Construction: 94 • Midstates Construction: 90 • Petraitis Construction: 96 Although Crawford Construction submitted the lowest bid at $79,350.00, staff's evaluation of Crawford Construction's recent performance record with both City and PADD projects rendered a low evaluation score of 84. One example that contributed to the low evaluation score is that Crawford Construction was awarded a construction contract for a 2012 HOME project house at 302 Harahan Blvd. in November of 2012 and at this time, has only completed 25% of the project. The contractor of another 2012 HOME house at 301 Harahan Blvd. of equal size and scale was awarded a contract at the same time as Crawford Construction and has recently exceeded the 90% completion mark. Crawford Construction also has another unfinished NSP3 house being built for the PADD which was started in the summer of 2012 and is still incomplete. Staff has concerns that in this case, recommending the lowest bidder would not be in the best interest of the Fountain Avenue program. Existing Fountain Avenue project funds will be utilized for the rehabilitation of this structure. In May of 2012 the City sold 333 N. 16`h Street and received a check in the amount $104,835. These funds were deposited into the project account for future home rehabilitation work, Staff Recommendations: Therefore, with the highest evaluation score of 96 and the cost estimate difference of only $1,794.00, staff requests that the interior rehab bid of 533-535 Fountain Avenue be awarded to Petraitis Construction for the amount of $81,144.00. The Urban Renewal Board (URCDA) met on April 2"d and made a recommendation to the City Commission that the contract be awarded to Petraitis Construction. Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Fountain Avenue Project Finance Account Number: CD -0040 Agenda Action Form Staff Recommendation: Approval Attachments: Page d 1�r Department Head City Clerk City Manager Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Authorize a Contract with Jim Smith Contracting Co., LLC, for Construction of the Ohio River Boat Launch Project ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On Tuesday, March 26, 2013, sealed bids were opened and read aloud for the Ohio River Boat Launch Project. Two responsive bids were received for this project, with Jim Smith Contracting Co., LLC, submitting the lowest Base Bid in the amount of $2,726,046.82. However, upon review of the funding provided for this Project, the last row of parking was deducted from the overall project scope which is noted as Alternate #1 on the Bid Proposal. This Alternate #1 deduction in the amount of $$137,581.04 resulted in a Revised Bid Amount of $2,588,465.78. Therefore, after receiving the Federal FHWA funds allocated for this project in the amount of $2,254,100 (which is the total amount minus the KYTC administrative fees), the remaining amount of $334,365.78 will be allocated from the City's MAP funds and next year's Investment Fund budget. As required by the FHWA grant LPA process, documentation was forwarded to the Kentucky Transportation Cabinet Office of Local Programs (KYTC-OLP) recommending the award of the Project to Jim Smith Contracting Company, Inc., and confirmation was received from Ms. Jayne Combs on April 10, 2013, copy attached. Goal: [—]Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Ohio River Boat Launch Account Number: 040-3315-532-2307 PF0039 Finance Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Jim Smith Contracting Co., LLC, in the amount of $2,588,465.78 for construction of the Ohio River Boat Launch Project. Attachments: Bids, Bid Tab, Advertisement, Documents, Recommendation Letter, KYTC-OLP Approval, Proposed Cont ct J�A(Departm t Hea City Clerk anager Angela Weeks From: Combs, Jayne (KYTC) <Jayne.Combs@ky.gov> Sent: Wednesday, April 10, 2013 10:34 AM To: Rick Murphy; Angela Weeks Cc: Herring, Jessica (KYTC-D01); Stansel, Rick (KYTC) Subject: City of Paducah, Ohio River Boat Launch Project Rick/Angela, The Kentucky Transportation Cabinet, Office of Local Programs (KYTC OLP) has received and reviewed the procurement documents submitted for construction services for the City of Paducah's Transportation Grant project, entitled Ohio River Boat Launch Project. Based on documents as submitted by mail on March 27, 2013, to Rick Stanzel of the Office of Local Programs, KYTC, you may proceed with the award for construction services on the subject project to the low bidder, Jim Smith Contracting Co., LLC, 1108 Dover Road, Grand Rivers, KY 42045, in the amount of $2,588,465.78. Please continue to adhere to the provisions of the Federal -Aid Highway Program Project Development Guide for Local Public Agencies. Failure to follow these provisions can adversely affect your project. All changes and alterations toyour project must be submitted to this office prior to construction orpurcbaring for redew and compkance with State and Federal Regulations. We look forward to working with you to move this project forward. Should you have questions or require additional information, please feel free to contact me. Jayne Jayne M. Combs Special Assistant Kentucky Transportation Cabinet Department of Rural and Municipal Aid Office of Local Programs 200 Mero St. Frankfort, Kentucky 40622 (502) 564-2060, ext.3083 (502) 564-6615 fax NO AGREEMENT Page 1 &2 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT OHIO RIVER BOAT LAUNCH PROJECT THIS AGREEMENT, made this day of , 2013 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and JIM SMITH CONTRACTING CO., LLC, 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 Ohio River Boat Launch Project. All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. 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 One Hundred and Twenty (120) consecutive calendar days thereafter. 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 Hundred and Fifty Dollars ($250.00) for each consecutive calendar day for failure to meet the final completion date and the total amount shall be withheld from the final payment as provided in accordance with the Specifications. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: Two Million Five Hundred Eighty Eight Thousand Four Hundred Sixty Five Dollars and Seventy Eight Cents ($2,588,465.78) as quoted in the Bid Proposal submitted by the Contractor dated March 26, 2013. Said total contract amount includes the Total Base Bid Amount along with the deduction of the Alternate #1 Bid Amount, which said total contract amount shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS Payments for Work Completed will be made in accordance with the Specifications. 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: The parties hereto have executed this Agreement, the day and year first above written. JIM SMITH CONTRACTING CO., LLC BY TITLE: ADDRESS: 1108 Dover Road Grand Rivers, Kentucky 42045 CITY OF PADUCAH, KENTUCKY BY Gayle Kaler, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 00500 AGREEMENT Page 2 of 2 CITY OF PADUCAH , KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT OHIO RIVER BOAT LAUNCH PROJECT BIO TAB LOWEST RESPONSIVE 810 Bid Opening: Tuesday, March 26, 2013, 2:00 PM CST OWNER nOx OF BIDS RES-9-0iS RESPONSIBLE DIODE R: ....... _. ........ _.. as _ Yes __ 1....... .. Yea ....4........ _..........N.o ............ . ....' (SIO RECOMMENDED FORACCEPTANCE._......_..........__..._........_._..........._.__...........__..................._. ......... ............ ................. ....... OFFICIAL BIDDER OF RECORD: Jim Smiln Contracting Co. LLC Mar91b CORY Comemptlon CO.. Inc Control: Brian McPeYmppa Kurt All 1 Mailing Address: 1108 Dover Road P 0 310 i ivals Ky Gran14]0 Hickman,KY 42050 I+ %2 seat 70 as 902%3102 ITEM 1, DESCRIPTION . ............_ 0unT7 _.y...._.... UNIT UNIT PRIDE . TOTAL _... UNIT PPICEI -- _ . _TOTAL 100 0 E 11 n E .... 101 Albl I Dembbl t no Iol $]sOM.W $]5,0000 _%4500 G0 "a Sol _I - M OC _LS L$ 510 W0W: 510000.00 _%O OOOW _102 ill - of . T pm ,y 30F n<el anoe•2) no ],20om, LF 32.88{_______$1235200 $29 SgAroiO3 ll -59am IOd II IP t ( 1 E1 1 0. E 11 3302.2 ......... Ss 9388 SS50 GG _S49GJW OS ..._ OIM1Cm k15 1 BOJ( E n_ 530000- V.40 N ._,-550000 _54 WOW _ ,CB ___ 142 a,., x]Bie l_o ceera ti 1 25501 T 32335' ill25 %%4 R5 __ 52808 5],400 -_a .. 107_ _... 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Tan n _ _ _ $]914 _ 52111O1m " '--'"""'-- -. ....-- _ __._„_ 1__... 101]000 ion. 321151, Ad, 251 $21621.14 $216112.50 .... 52150 5219,185.0 _ .... _]03 OGAB 1 902400 __.... LF __ ... 15!03A 1055 304 ' P Mark ny P 1 4 TI _ 501001 LF SO.SSt MI 59129 5055 ,- _5641.20 $277 20 - ..". ..... ,lirng., t ll bl __. 3]am. _ _ .... $I J)0 .. ,_„ l qL Ih part. B" nl ........ _1 ...... $40002_ .... 538008 30] IMaM n4. H 0 OSy b :BI P 1 I____ BfAI E-�... WW1.. 63200 _____ ............ dao IP c fR pCc n vD x .... _ .... ..... ._ ... ._ ..... 401 . JPCC 1 Hand C AA B 'real BI- 185500 BY S6om1- $11180 00 __.. %00l 5113060 4d2 P 1C arse B _ 5240D SF _ SBim' Ilptl Bm 54590. _- 322323fi0 -- 103 --- _- C n Y0 k 1nR IF tSo _LS 310sOmW 1... $1a5ACOm $105WOm ... 5105000.70 .. - _.-... ........ 1 00�J., Tenn n... 52690: 111.7 111 W __ 32950 55310.1 404 S place _ .... 5500 S5 Tons 329.9Bt $1 s439]0 545 m, 523,1]61 405 :a5]Stbce,_n pace ""--- - -_ 9000 _ T n5 i _ 1 SM399. 11 ..__ 5950. ___ ....... 3261508 _406 CN L 9CL IA pl E `1]50.01 IDns� - 3210.'. 54126]50 5950 - 5481250 _ 414 Channel L'QCLII _ 00 Tons '_. $27,76, $1093]4 d0 52) 50 -- - JO 10_B Cna_nelLnn_g CL 11 place. .. _ - 3310 - _ __$1OBSSO 514 Lnqpirli3 tl 9 .._ ... ... - 930 A e... 329fi0.m,, 326590 C0 52500 __.._._ _._ 501 "-" IW II ES G 9_ _.... _ 2810 5Y __ So 50, 51,40 .1 5050 5.0000 502 P_k 41 tF B ny ...-- ]9500 $Y -. Eo81;___ 3109495 ... 5080 -.-.. .10 $1 1100 50 'P Mi ql tS lcM1G tl 9_.....___- 1 _ .... 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Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Authorize a Contract with MAC Construction & Excavating, Inc., for the Construction of the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On Thursday, April 4, 2013, sealed bids were opened and read aloud for the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill. Three responsive bids were received ranging from $6.6 Million to $8.2 Million. Subsequent to evaluation of the bids, it was determined that all three bids were in excess of the funds available. In accordance with the City of Paducah's Code of Ordinances Section 2-654(4), it was determined that the bids received were in excess of the available funding and that it was in the best interest of the City to not delay the construction of the Project by re -bidding the Project. Therefore, on April 4, 2013, the bidders were informed in writing that the Bids received were rejected and that it was the City's intent to enter into Competitive Negotiations. Subsequently, all Bidders agreed to enter into Competitive Negotiations. Each Bidder was given a list of Competitive Negotiation Items on April 10, 2013 which allowed the Bidders to adjust their Bid utilizing the Project revisions listed. On April 15, 2013, individual competitive negotiations were held in person with the three bidders. After concluding the negotiations with all Bidders, the revised Bid Proposals were opened and reviewed along with the additional information provided by the Bidders that could result in additional savings for the City. Based on the review of all information obtained, it was determined that MAC Construction & Excavation, Inc., submitted the best proposal advantageous to the City along with the lowest competitive bid in the amount of $4,490,600.00. The majority of this project is funded by a $2.970 Million FY2006 Neighborhood Initiative Project Grant by the Department of Housing and Urban Development (HUD), for redevelopment of the Paducah's Riverfront. It is recommended by the City Manager that the remaining amount of $1.42 Million be funded by proceeds from the sale of the Sheehan Bridge Road property in addition to either monies from excess General Fund Reserve or bond proceeds. Goal: ®Strong Economy ®Quality Services ❑Vital Neighborhoods ®Restored Downtowns Agenda Action Form Page 2 Funds Available: Account Name: Riverfront Develop mentvl Phase I -A, Gangway Piles and Mass Fill Finance Account Number: 040-3315-532-2307 DT0015 Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute a contract with MAC Construction & Excavating, Inc., in the amount of $4,490,600.00 for construction of the Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill. Attachments: Advertisement, Proposed Contract Dom AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT FOR THE RIVERFRONT REDEVELOPMENT PROJECT PHASE 1-A, PILES AND MASS FILL THIS AGREEMENT, made this day of , 2013 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and MAC CONSTRUCTION & EXCAVATING, 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 Riverfront Redevelopment Project Phase 1-A, Piles and Mass Fill. All Work shall be in accordance with this Agreement, the Plans, Specifications Addendums, and the Competitive Negotiation Bid Proposal. Throughout the performance of this Contract, the Engineering -Public Works Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. 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 complete the initial Project One Hundred and Eighty (180) consecutive calendar days thereafter. 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 Five Hundred Dollars ($500.00) per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. The Contractor also agrees to complete the surveys required approximately one year following the initial completion of the Project and to perform necessary stone fill to re-establish the mass fill finished grades as outlined in Addendum #1 Note #15 as follows: Mass Fill Settlement. A survey shall be completed by the Contractor in 2014 approximately one year following the 2013 work, to determine possible settlement areas within the mass fill area. The Contractor shall place stone fill at the contract unit price in order to re-establish the mass rill area to the grade required in accordance with the grading plan. The Owner will pay the Contractor for the tonnage placed within the mass rill area during this time period. Subsequently, a second survey shall be completed by the Contractor to verify the newly re-established grades. OD500 AGREEMENT Page 2 of 2 ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: Four Million Four Hundred Ninety Thousand Six Hundred Dollars and No Cents ($4,490,600.00) as quoted in the Competitive Negotiations Bid Proposal by the Contractor dated April 15, 2013 which shall constitute full compensation for the work and services authorized herein. 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 in accordance with the specifications. ARTICLE 6. THE CONTRACT DOCUMENTS The Plans, Specifications, Addendums and the Competitive Negotiation Bid Proposal are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. MAC CONSTRUCTION & EXCAVATING, INC., BY _ TITLE CITY OF PADUCAH, KENTUCKY BY Gayle Kaler, Mayor ADDRESS: ADDRESS: 1908 Unruh Court Post Office Box 2267 New Albany, Indiana 47150 Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Greenway Trail Phase II Project Engineering Design Agreement with Florence & Hutcheson - Amendment 41 ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, EPW Proj Mgr PresentationBy: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On June 22, 2010, Ordinance #2010-6-7699 was adopted authorizing an agreement with Florence & Hutcheson for engineering services related to the design of the Greenway Trail Phase II Project in an amount not to exceed $91,800.00. As of the end of 2012, the design of the project was complete and the contract services paid to date. Due to a request to provide engineering alternatives regarding the design of a pedestrian underpass verses an at -grade or pedestrian overpass located at US 45 (North 8th Street) for the Greenway Trail Phase II project at the February 19, 2013 commission meeting, additional design work was requested of F&H beyond the initial scope of work. The additional engineering design of the alternatives related to the underpass resulted in an increase of the contract amount of $5,312.50. Therefore, it is requested that the additional amount of $5,312.50 be approved for payment. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Greenway Trail Phase II Account Number: 040-8821-536-2307 PA0078 inance Staff Recommendation: To adopt an Ordinance authorizing Amendment #1 of the Engineering Design Agreement with Florence & Hutcheson for the Greenway Trail Phase II Project in the amount of $5,312.50 for additional engineering design services related to the proposed underpass located at US 45 (North 8th Street). Attachments: Original Ordinance, Contract and copy of the invoice depicting additional extra work Departent He City Clerk City Manager Invoice for Engineering Service TO: Mark H. Thompson ( Date: March 29, 2013 Paducah Parks Services DirectorFR`_APR C; EP O Box 7265Paducah, KY 42002 p 2013 Invoice No. 09016-17 Project Description: Greenway Trail Phase II Billing period Warks SefV1%1o_9 EngineeProject is 09016 There is due at this time for engineering services and reimbursable items on the above mentioned project the sum of $5,312.50 Lump Sum Preliminary Engineering Survey Design Subsurface Investigation Permits Procurement Edwards Property Boatwright Property Chambers Roofing Property LPA Coordination Hourly NTE Sr. Project Manager Licensed Surveyor Engineering intern/LSIT/Designer Engineer Technician II 12/1/13 thru 2/28/2013 4,200.00 $ 5 9,400.00 6,000.00 @ 100% complete $ 4,200.00 2,500.00 @ 100% complete $ 46,300.00 84,290. @ 100% complete S 6,000.00 @ 100% complete $ 11,200.00 @ 70% complete $ 2,700.00 @ 0% complete $ 2,500.vv @ 100% complete $ 3,500.00 @ 100% complete $ 4,550.00 @ 100% complete Subtotal Nashville, TN 37219-7521 Less Previously Invoiced (Please reference our invoice # on your remittance) Total $12,000.00 • 2550 Irvin Cobb Dr • Paducah, KY 42003 • (270) 444-9691. fax (270) 443-3943 30 hrs. @ $ 125.00 hr, 48.5 hrs. @ $ 95.00 hr. 1 hrs. @ $ 80.00 hr, 2 hrs. @ $ 65.00 hr. Subtotal Total Extra Work -US 45 At -Grade Evaluation- Hourly $ 9,400.00 $ 4,200.00 $ 46,300.00 $ 6,000.00 5 7,840.00 Project Engineer/ Licensed Surveyor 19.5 hrs. 8,567.50 $ 2,500.00 $ 3,500.00 $ 4,550.00 $ 84,290. $ 84,290.00 Subtotal $ 3,750.00 $ 4,607.50 $ 80.00 $ 130.00 $ 8,567.50 Project Engineer/ Licensed Surveyor 19.5 hrs. 8,567.50 Sr. Project Manager 14 hrs. @ $ 140.00 hr. $ 1,960.00 Project Manager/Sr. Reg. LS/Sr. PE 9 hrs. @ $ 125.00 hr. $ 1,125.00 Project Engineer/ Licensed Surveyor 19.5 hrs. @ $ 105.00 hr. $ 2,047.50 Engineering Intern /LSIT/ Designer 2 hrs. @ $ 90.00 hr. $ 180.00 Subtotal Less Previously Invoiced $ Total $ 5,312,50 Total amount due this invoice $ 5,312.50 Florence & Hutcheson An ICBG' Company Please remit to: / ACH: ABA/Routing# 084307033 'Robert J. Evers, VP of Finance Account # 86776847 Lockbox: Florence 8t Hutcheson, Inc PO Box 197521 Nashville, TN 37219-7521 (Please reference our invoice # on your remittance) • 2550 Irvin Cobb Dr • Paducah, KY 42003 • (270) 444-9691. fax (270) 443-3943 Agenda Action Form Paducah City Commission Meeting Date: April 23, 2013 Short Title: Closure of a Portion of South 4th Street and Woodward Street at the intersection of Wayne Sullivan Drive ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Angela Weeks, Engr Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The Paducah McCracken County Riverport Authority and the P&L Railroad has submitted an application requesting that a portion of South 4th Street and Woodward Street at the intersection of Wayne Sullivan Drive be closed. All real property owners whose land adjoins any part of the proposed right-of-way to be closed have signed the application. April 15, 2013, the Planning Commission held a Public Hearing and made a positive recommendation to the City Commission for this closure. All of the utility companies have signed the plat. A Public Utility easement will be retained across both closed right of ways as shown on the plat. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: N/A Account Number: Finance Staff Recommendation: To adopt an ordinance authorizing the closing of a portion of South 4th Street and Woodward Street at the intersection of Wayne Sullivan Drive be closed and to authorize the Mayor to execute the plat and all necessary documents to complete the transfer of property. Attachments: Original Street Closure Application, Proposed Closure Plat, Planning Commission Resolution rd Dep e t He City Clerk rty Manager RECEIVr'9 CITY OF PADUCAH MAR 2 "f STREET - ALLEY CLOSING APPLICATION FORM ENGINEERi; DEPARTMENT Date: E)Ii3— Application is hereby made to the Mayor and Board of Commissioners for the clo Ing of: For -hors cF W o0Jwnvd ri,Wel• i-� \IWC 06 (2d)l l v6(j7 A Street or _ An Alley Located: L & '1't eitree A l�/A 0 -- f 01� vicodVVar.J �ilree� b Wayvle 62 l)VIO Drives Included herewith is a filing fee of Five Hundred Dollars ($500) together with twenty (20) copies of a plat showing the street/alley to be closed. This application form, indicating consent of the right of way closure, has been signed and notarized by all real property owners whose land adjoins the portion of right of way proposed to be closed. If the application is not signed by all adjoining real property owners, the "Street -Alley Closing Guarantee" form must be attached. Respectfully submitted by all adjoining property owners: Signature of Property Owner Rr0PR6i6uwrf v6 da�t r- '- txev,Dir' Property Owner's Name Printed 2:2cc l ciao ri,e 1501 /f VOL in Dr - Ad ress Signat re of Property Owner Property Owner's Name Printed goo G/wk `f) Address STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before me this�+day of Mi U/4 2013 by &OP-IMIt '. 6A-rr 64[EG pl/L My Commis STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was sworn to and acknowledged before methis day ,20[z, by f. %/fdMA.5 CZ7:5 Pc Ti My Commissionexgres //-/19-13 Notary Publ c, State at Large SEAL January 23, 2009 CITY OF PADUCAH Jeff Pederson 300 South 5th Street City Manager P O. Box 2267 Paducah, KY 42002-2267 Phone: (270) 444-8503 Fax: (270) 443-5058 Email: jpederson&i.paducah.lry.us April 18, 2013 Mr. Ken Canter Executive Director Paducah McCracken County Riverport Authority 2000 Wayne Sullivan Drive Paducah, Kentucky 42003 RE: Application to close a portion of South 4th Street and Woodward Street At the intersection of Wayne Sullivan Drive Dear Mr. Canter: The City of Paducah along with the Paducah McCracken County Riverport Authority (PMCRA) has a mutual interest in regards to the proposed closure of a portion of South 4th Street and Woodward Street at this intersection of Wayne Sullivan Drive. The proposed closure of a portion of South 4th Street and Woodward Street, as shown on the attached plat, would restrict traffic to a single access point at the PMCRA's property. This action will result in enhanced safety for the traveling public within this area. Notwithstanding, as the closure of this public right of way has a mutual benefit for the City of Paducah and the PMCRA (a publicly held agency), the $500 closure application fee associated with the street right of way closure is hereby waived. If you have any questions regarding this matter, please contact Angela Weeks, EPW Project Manager at 270-444-8511. Sincer eff Pe arson City Manager JP:aw c: Jon Perkins, Finance Director Steve Ervin, City Planner Rick Murphy, P.E., City Engineer -Public Works Director A. Clay Robinson, P.L.S., CDG, Inc. EQUAL OPPORTUNITY EMPLOYER Kenn( I <... ar. TDD 1-800-247-2510