HomeMy WebLinkAboutCCMPacket2021-09-28CITY COMMISSION MEETING
AGENDA FOR SEPTEMBER 28, 2021
5:00 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PRESENTATION 2022 Employee Benefit Presentation - DJ Story, Peel & Holland
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A.Approve Minutes for September 14, 2021
B.Receive & File Documents
C.Appointment of Jim Chapman to the Board of Adjustment
D.Appointment of Charles "Chip" Bohle to the Paduah Area Transit System
E.Reappointment of Bill Paxton to the Paducah-McCracken County Riverport
Authority
F.Personnel Actions
G.Emergency Roof Grant for 619 Broadway - K AXT
H.Fleet Maintenance Service Agreement between the City of Paducah Fleet
Department and Ledbetter Fire Department - C YARBER
I.Health, Vision and Dental Benefit Plan Premiums for 2022 - S SUAZO
J.Approve Strategic Health Risk Advisor & Strategic Benefit Placement
Services with Peel & Holland - S SUAZO
K.Administrative Services and Stop Loss Insurance with Anthem Blue Cross
Blue Shield - S SUAZO
L.Use of spending credits for eligible employees pursuant to the City’s group
health insurance plan for the 2022 plan year - S SUAZO
M.Declaration and Sale of Surplus Property-1039 Madison Street - N
HUTCHISON
N.Declaration and Sale of Surplus Property-1011 Broadway - N HUTCHISON
O.Declaration and Sale of Surplus Property-1243 North 13th Street - N
HUTCHISON
II. MUNICIPAL ORDER(S)
A.Authorize the City Manager to enter into Contract Negotiations for the
Architectural Design for the Robert Cherry Civic Center Rennovation Project
- D JORDAN
B.Approval to Request Pump Station #2 Clean Water State Revolving Fund
(CWSRF) Loan Assistance Agreement Increase in the Amount of
$750,000.00 - R MURPHY
III. ORDINANCE(S) - ADOPTION
A. Approve Contract Modification to Professional Services Contract with
BFW Engineering & Testing for the Buckner Lane Bridge Replacement Project in the
amount of $74,345.00 - R MURPHY
B. Approve Contract Modification to Professional Services Contract with
BFW Engineering & Testing for the S. 24th Street-S 25th Street Improvement Project
in the amount of $106,500.00 - R MURHPY
C. Approve Contract Modification to Professional Services Contract with
BFW Engineering & Testing, Inc. for the BUILD Grant Environmental Assessment
Project in the amount of $24,500.00 - R MURPHY
D. Approval of Construction Contract for the Riverfront Park Land Mass
Scour Project with Wilkins Construction Co., Inc. in the amount of $495,784.00 - R
MURPHY
E. Setting Tax Levies: Ad Valorem Properties FY2022 - J PERKINS
IV. ORDINANCE(S) - INTRODUCTION
A.Approve a New Lease Agreement with Seamen's Church Institute of New
York and New Jersey - D JORDAN
B.Approve Contract Modification to Professional Services Contract with HDR,
Inc. for the Paducah Floodwall Pump Station #2 Project in the amount of
$55,315.00 - R MURPHY
V. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VI. EXECUTIVE SESSION
September 14, 2021
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, September 14,
2021, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street,
Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their
names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5).
INVOCATION:
Commissioner Gault led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
PROCLAMATION
The Mayor Proclaimed September “City Government Month.”
PRESENTATION
The Mayor presented a Duke of Paducah to Nate Crawford.
NEW EMPLOYEE INTRODUCTION(S)
Chief Laird introduced 911 Telecommunicator Landon Schellhardt and Police Officers Fred Harvey,
Carlos Cordero, Samantha Wilson and Jackson McCormick.
PUBLIC HEARING
Jonathan Perkins, Finance Director, made a presentation concerning the Property Tax Levy for FY
2022. Mayor Bray opened the Public Hearing. No citizens offered any comments. Mayor Bray
closed the Public Hearing.
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. No items were removed. Mayor Bray asked the City Clerk to read the items on the
Consent Agenda.
I(A) Approve Minutes for the August 24, 2021 Paducah Board of Commissioners Meeting
I(B) RECEIVE AND FILE DOCUMENTS:
Contract File:
1. Contract For Services – Luther F. Carson Four Rivers Center, Inc. – MO #2492
2. Contract For Services – Sprocket, Inc. – MO #2493
3. Contract For Services – Paducah Fleet Maintenance and Paducah Water – MO #2494
4. Contract For Services – GPEDC – MO #2496
Financials File:
1. West Kentucky Community and Technical College – 2020-2021 Television Department
Annual Report
2. Paducah Water – Financial Highlights – Month ending July 31, 2021
September 14, 2021
I(C) Appointment of Ronna Ward to replace Jennifer Tritle, whose term has expired and Ardenia
Cleary to replace Cindy Jones, who resigned, to the Civic Beautification Board.
Said terms shall expire July 1, 2025 and July 1, 2023, respectively.
I(D) Personnel Actions
I(E) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
BARKLEY REGIONAL AIRPORT IN THE AMOUNT OF $120,000 FOR GENERAL
AVIATION AND AIR CARRIER SERVICES MO #2497
I(F) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
PADUCAH TRANSIT AUTHORITY IN THE AMOUNT OF $215,000 FOR PUBLIC
TRANSPORTATION SERVICES MO #2498
I(G) A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND
APPROVING AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH
THE HOUSTON-GALVESTON AREA COUNCIL AND AUTHORIZING THE EXECUTION
OF ALL DOCUMENTS RELATED TO SAME MO #2499
Commissioner Gault offered Motion, seconded by Commissioner Guess that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
CHECK PRESENTATION
A ceremonial check presentation was made to Paducah Transit Authority for the City’s
contribution in the amount of $215,000.
BOARD APPOINTMENTS
Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of
Commissioners approve the action of Mayor Bray in the joint reappointments of Mark Whitlow,
Tom Padgett, Darryl Pea, Bill Bartleman, David Jones, Alex Sherwood, Andrew McGlennon and
John Mann to the Paducah-McCracken County Convention Center Corporation. Said terms shall
expire July 1, 2024.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
ORDINANCE ADOPTION(S)
CONDITIONAL USE TEXT AMENDMENT
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 126 OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO CONDITIONAL
September 14, 2021
USES.” This Ordinance is summarized as follows: This ordinance amends Section 126-68
Conditional Uses of the Paducah Code of Ordinances. This amendment allows for applications for
conditional use permits to go directly to the Board of Adjustment for approval or denial without first
being brought before the Paducah Planning Commission.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5). ORD NO. 2021-09-8702
ORDINANCE INTRODUCTION(S)
CONTRACT MODIFICATION - BFW ENGINEERING & TESTING – BUCKNER
LANE BRIDGE REPLACEMENT PROJECT - $74,345
Commission Wilson offered motion, seconded by Henderson, that the Board of
Commissioners introduce an Ordinance entitled: “AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 1 WITH
BFW ENGINEERING & TESTING, INC. TO INCREASE THE CONTRACT BY $74,345
FOR THE BUCKNER LANE BRIDGE REPLACEMENT OVER CROOKED CREEK.”
This Ordinance is summarized as follows: On March 31, 2020, the City authorized a
professional services contract with BFW Engineering & Testing, Inc, for $154,036 for the
Buckner Lane Bridge Replacement Over Crooked Creek. American Rescue Plan Act
(ARPA) funding allowed for the appropriation of $4,000,000 toward specific stormwater
mitigation projects. The Buckner Lane Bridge Replacement project was identified as a
Stormwater Project for which ARPA funding can be used. This ordinance authorizes
Contract Modification No. 1 with BFW Engineering & Testing for additional services for an
increase in the amount of $74,345, adjusting the total construction project from $154,036 to
$228,381.
CONTRACT MODIFICATION - BFW ENGINEERING & TESTING – S. 24th AND -
S. 25th STREETS IMPROVEMENT PROJECT - $106,500
Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an Ordinance entitled: “AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH
BFW ENGINEERING & TESTING, INC. TO INCREASE THE CONTRACT BY $24,500
FOR THE BUILD ENVIRONMENTAL ASSESSMENT PROJECT.” This Ordinance is
summarized as: On April 14, 2020, the City authorized a professional services contract with
BFW Engineering & Testing, Inc, (BFW) in an amount of $250,000 for environmental
services for the Paducah Riverfront Improvement Project (BUILD Grant). On April 27,
2021, they City authorized Contract Amendment No. 1 adjusting the total contract to
$262,200. During consultation with the Kentucky State Historic Preservation Office,
MARAD, and the Indians Tribes, the City of Paducah will be required to enter into an
unforeseen Programmatic Agreement. BFW will be providing additional consulting services
on behalf of the City to satisfy the Programmatic Agreement requirements. Contract
Modification No. 2 with BFW is required for an increase in the amount of $24,500 adjusting
the total construction project from $262,200 to $286,700 for the BUILD Environmental
Assessment Project.
September 14, 2021
CONTRACT MODIFICATION – BFW ENGINEERING & TESTING – BUILD
GRANT ENVIRONMENTAL ASSESSMENT PROJECT - $24,500
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT
MODIFICATION NO. 2 WITH BFW ENGINEERING & TESTING, INC. TO INCREASE
THE CONTRACT BY $24,500 FOR THE BUILD ENVIRONMENTAL ASSESSMENT
PROJECT.” This Ordinance is summarized as: On April 14, 2020, the City authorized a
professional services contract with BFW Engineering & Testing, Inc, (BFW) in an amount
of $250,000 for environmental services for the Paducah Riverfront Improvement Project
(BUILD Grant). On April 27, 2021, they City authorized Contract Amendment No. 1
adjusting the total contract to $262,200. During consultation with the Kentucky State
Historic Preservation Office, MARAD, and the Indians Tribes, the City of Paducah will be
required to enter into an unforeseen Programmatic Agreement. BFW will be providing
additional consulting services on behalf of the City to satisfy the Programmatic Agreement
requirements. Contract Modification No. 2 with BFW is required for an increase in the
amount of $24,500 adjusting the total construction project from $262,200 to $286,700 for
the BUILD Environmental Assessment Project.
APPROVE CONSTRUCTION CONTRACT FOR RIVERFRONT PARK LAND
MASS SCOUR PROJECT – WILKINS CONSTRUCTION CO., INC. - $495,784
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the
Board of Commissioners introduce an Ordinance entitled: “AN ORDINANCE
ACCEPTING THE BID OF WILKINS CONSTRUCTION CO., INC., IN THE AMOUNT
OF $495,784 FOR RIVERFRONT PARK LAND MASS SCOUR PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME.” This
Ordinance is summarized as follows: The City of Paducah accepts the bid of Wilkins
Construction Co., Inc., in the amount of $495,784, for the Riverfront Land Mass Scour
Project, said bid being in substantial compliance with bid specifications, and advertisement
for bids, as contained in the bid of Wilkins Construction Co., Inc., of August 26, 2021.
SETTING TAX LEVIES: AD VALOREM PROPERTIES FY 2022
Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an Ordinance entitled: “AN ORDINANCE FIXING THE LEVIES AND
RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY,
SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR
THE PERIOD FROM JULY 1, 2021, THROUGH JUNE 30, 2022, WITH THE PURPOSES OF
SAID TAXES HEREUNDER DEFINED”.
PURPOSE RATE PER $100.00
General Fund of the City
Real Property $0.271
Personal Property $0.390
September 14, 2021
Motor Vehicles & watercraft $0.390
School Purposes
Paducah Junior College
Real Estate $0.016
Personal Property $0.016
Motor Vehicles & watercraft $0.031
The City of Paducah shall collect the following taxes for the Board of Education:
Paducah Independent School District
Real Property $0.864
Personal Property $0.864
Inventory $0.864
Total Tax Rate per $100 - real property $1.151
Total Tax Rate per $100 - personal property $1.270
Total Tax Rate per $100 – inventory $0.864
Total Tax Rate per $100 – motor vehicle & watercraft $0.421
Property taxes levied herein shall be due and payable in the following manner:
In the case of tax bills which reflect an amount due of less than One Thousand Dollars ($1,000.00), the
payment shall be due on November 1, 2021, and shall be payable without penalty and interest until November 30,
2021.
In the case of all other tax bills, payment shall be in accordance with the following provisions:
The first half payment shall be due on November 1, 2021, and shall be payable without penalty and interest until November 30,
2021.
The second half payment shall be due on February 1, 2022, and shall be payable without penalty and interest until February 28,
2022.
DISCUSSION – TOUCHDOWNS AND TUNES
Communications Manager, Pam Spencer, offered the following summary:
Touchdowns and Tunes Event Discussion
“The Board discussed the Touchdowns and Tunes event held over Labor Day
weekend at Carson Park, a McCracken County park located within the Paducah city
limits. This three-day concert series had more than 15,000 attendees. A couple of
citizens commented at the meeting and voiced their concerns about COVID-19, the
volume of the noise from the concerts, and the times of the day the music was
playing.”
COMMENTS
City Manager
The City is doing a software upgrade beginning Friday morning, September 17, and
continuing through Monday, September 20 at noon. During this time the public will not be
September 14, 2021
able to make payments through the Finance Department or apply for building permits
through Fire Prevention. The City will endeavor to get these systems upgraded as quickly as
possible.
Two bids have been received for the engineering design of the Cherry Civic Center.
He hopes to have something before the Commission on the September 28 agenda.
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the
meeting of the Paducah Board of Commissioners.
Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray
(5).
TIME ADJOURNED: 6:22 p.m.
ADOPTED: September 28, 2021
______________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
September 28, 2021
RECEIVE AND FILE DOCUMENTS:
Minute File:
1. 09-09-2021 - Letter terminating contract with Miracle Works Lawn and Maintenance for
breach of contract
Contract File:
1. Contract For Services FY2022 – Hotel Metropolitan (Uppertown Heritage)
2. Contract For Services FY2022 – Maiden Alley (Paducah Art House Alliance)
3. Contract For Services FY2022 – Market House Theatre
4. Contract For Services FY2022 – Paducah Arts Alliance
5. Contract For Services FY2022 – Housing Authority of Paducah
6. Contract For Services FY2022 – Yeiser Art Center
7. Contract For Services FY2022 – The National Quilt Museum
8. Contract For Services FY2022 – Paducah Symphony Orchestra
9. Contract For Services FY2022 – River Heritage Museum d/b/a River Discovery Center
10. Contract For Services FY2022 – Barkley Regional Airport Authority – MO #2497
11. Contract For Services FY2022 – Paducah Transit Authority – MO #2498
Bids File:
1. Paducah Floodwall Closure Project – ORD 2021-7-8695
a) Jim Smith Contracting Co., LLC
b) Harold Coffey Construction Co., Inc.
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Emergency Roof Grant for 619 Broadway - K AXT
Category: Municipal Order
Staff Work By: Katie Axt
Presentation By: Katie Axt
Background Information: The roof at 617-619 Broadway (the Weille Building) has collapsed. In May, staff
procured a structural engineering report from Gardener Engineering Consulting to assess conditions and
evaluate risk to public safety and property. The report concluded that the structural integrity of the building is
comprised and that immediate action was needed.
In August, Staff performed a site visit with property owners and Fire Prevention to assess interior damage and
determine corrective actions. Fire Prevention declared the roof a state of emergency. Under the Roof
Stabilization Assistance Program (Section 34-136(f)), staff may utilize program funds for the stabilization of a
roof under the following conditions:
1). Located in the Historic Downtown Commercial District.
2). The structure is a contributing structure on the National Register of Historic Places.
3). Without emergency roof stabilization, the roof would be in danger of collapse.
4). Without emergency roof stabilization, the roof would further decay.
617-619 Broadway meets all of the above conditions. Further delay increases the risk of building collapse,
property damage to adjacent buildings, and risk to public safety. The property owners provided a scope of work
to repair the roof and mitigate further deterioration:
Project Scope:
Demo existing framing: $5,000
Reframe roof framing: $10,000
Repair rubber membrane: $20,000
Clean up and disposal
Materials: $25,000
Total project cost: $60,000.
Staff recommends an emergency roof grant of $30,000 (50% of project cost), in keeping with the funding
provisions of the Roof Stabilization Assistance Program. Emergency roof projects in excess of $20,000
requires City Commission approval. Emergency projects must be complete within three months of approval.
Staff recommends approval authorizing City Manager to execute an emergency roof stabilization grant
agreement with the property owners of 617-619 Broadway in the amount of $30,000.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Downtown
Communications Plan: Grant award letter
Check presentation following project completion
Funds Available:Account Name: Roof Stabilization
Account Number: DT0030
Staff Recommendation: Approve
Attachments:
1.ORD grant agreement – Weille Building Roof Stabilization - 617-619 Broadway
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER AUTHORIZING AN EMERGENCY ROOF
STABILIZATION ASSISTANCE GRANT FOR THE PROPERTY LOCATED AT 617-619
BROADWAY IN THE AMOUNT OF $30,000 AND AUTHORIZING THE EXECUTION OF
ALL DOCUMENTS RELATED TO SAME
WHEREAS, the roof at 617-619 Broadway (the Weille Building) has collapsed;
and
WHEREAS, Gardener Engineering & Consulting provided a structural
engineering report to the City of Paducah which indicates that structural integrity of the building
is comprised and that immediate action is needed.; and
WHEREAS, the Paducah Fire Prevention Division has assessed the damage and
declared the roof in a state of emergency; and
WHEREAS, the roof is eligible for funding under the City of Paducah Roof
Stabilization Assistance Program as defined by the Code of Ordinances of the City of Paducah
Section 34-136; and
WHEREAS, the City of Paducah now desires to enter into a Roof Stabilization
Assistance Grant with the property owners at 617-619 Broadway to assist with the repair of the
roof in order to address the public safety hazard.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the execution of an
Emergency Roof Stabilization Assistance Grant with Ben & Mary Kay Kennedy for the property
located at 617-619 Broadway (Weille Building) in the amount of $30,000 in accordance with the
rules, requirements, and project scope as defined by the Grant Agreement.
SECTION 2. This grant shall be paid through the Roof Stabilization Assistance
Program Project Account No. DT0030.
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
mo\ grant agreement – Weille Building Roof Stabilization - 617-619 Broadway
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Fleet Maintenance Service Agreement between the City of Paducah Fleet Department and
Ledbetter Fire Department - C YARBER
Category: Municipal Order
Staff Work By: Debbie Collins
Presentation By: Chris Yarber
Background Information: September 8, 2021, a Fleet Maintenance Service Agreement was entered into for
the City of Paducah Fleet Department to provide all professional labor, materials, equipment and operations
necessary for scheduled maintenance, upkeep, repair and preventive maintenance, pursuant to the fee schedule
for Ledbetter Fire Department.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approve a Municipal Order for the Fleet Maintenance Service Agreement for the
City of Paducah Fleet Department to provide all professional labor, materials, equipment and operations
necessary for scheduled maintenance, upkeep, repair and preventive maintenance, pursuant to the fee schedule
for Ledbetter Fire Department.
Attachments:
1.MO agree-fleet maintenance services - Ledbetter Fire Department 2021
2.Ledbetter FD Service Agreement
3.Service Agreement labor rates
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE,
MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE
AGREEMENT WITH LEDBETTER FIRE DEPARTMENT TO PROVIDE FLEET
MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, the City of Paducah wishes to enter into a Fleet Maintenance Service
Agreement with Ledbetter Fire Department for the City of Paducah Fleet Department to provide
fleet services at hourly rates.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the Board of Commissioners hereby authorizes the Mayor to
execute the City of Paducah Fleet Maintenance, Motorized Equipment and Emergency
Apparatus Service Agreement (hereinafter the “Agreement”) with the Ledbetter Fire Department
in substantially the form attached hereto and made part hereof (Exhibit A).
SECTION 2. That the hourly labor rates are as follows:
Shop Hourly Labor Rate
Heavy Truck $95 per hour
Heavy Equipment $95 per hour
Passenger Vehicle $85 per hour
Light Truck $85 per hour
Small Engine $75 per hour
SECTION 3. That the initial term of the Agreement shall be for a period of one
(1) year. Such term shall automatically renew at the end of the Initial Term and any subsequent
terms thereafter for an additional one (1) year unless either party terminates the Agreement upon
sixty days written notice in accordance with Paragraph 7 of the Agreement. In addition, the City
of Paducah may terminate the Agreement with cause upon a thirty-day written notice for non-
payment of fees.
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________________
George Bray, Mayor
ATTEST:
__________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, September 28, 2021
Adopted by the Board of Commissioners, September 28, 2021
mo/agree-fleet maintenance services –Ledbetter Fire Department 2021
EXHIBIT “A”
CITY OF PADUCAH FLEET MAINTENANCE,
MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS
SERVICE AGREEMENT
This Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service
Agreement (hereinafter “Agreement”) is made and entered into by and between the City of
Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and Ledbetter Fire
Department (hereinafter “Customer”).
1. SERVICES. Paducah agrees to provide all professional labor, materials, equipment, and
operations necessary for scheduled maintenance, upkeep, repair and preventive maintenance,
pursuant to the Fee Schedule attached hereto. The Fee Schedule will be updated on January
1st of each applicable year.
2. HOURS OF OPERATION. Normal operations are Monday through Friday from 6:30 a.m.
until 3:00 p.m., with the exception of holidays. Repairs made outside regular operating hours
will be performed at one and one-half times the regular hourly fee.
3. WARRANTY OF WORKMANSHIP. Paducah will warrant its workmanship on repairs
for a period of 30 days following completion of work.
4. TOWING. Customer will be responsible for towing any vehicles to the Department.
5. WORK AUTHORIZATION. Paducah is authorized to perform work on any equipment in
which the fee is less than $1,000. Any service or repair exceeding $1,000 shall require prior
written authorization from Customer’s authorized representative.
6. TERM. This Agreement shall become effective on the date signed and be in effect for one
year. Thereafter, the Agreement shall automatically renew unless terminated as specified in
Paragraph 7.
7. TERMINATION. Either Party shall have the right to terminate this Agreement without
cause upon sixty (60) days’ written notice to the other Party. Paducah may terminate this
Agreement with cause upon thirty (30) days’ written notice for non-payment of fees.
8. PAYMENT. Paducah shall send monthly invoices to Customer with a due date of thirty (30)
days. After sixty (60) days of non-payment, this Agreement shall be subject to Termination
for Cause.
9. AUTHORIZED REPRESENTATIVE. Customer’s authorized representative is Terry
Stringer.
10. INSURANCE. Customer shall maintain general and auto liability insurance with a single
combined liability limit of not less than $1,000,000 for claims arising out of and in
connection with the provision of service by Paducah under this Agreement. Customer hereby
waives any claim against Paducah for any physical damage to its vehicle(s) while in
Paducah’s custody and control.
11. INDEMNIFICATION. Customer shall indemnify, hold harmless, and defend Paducah
from and against any and all claims resulting or arising from Paducah’s performance, or
failure to perform, under this Agreement.
CITY OF PADUCAH CUSTOMER
By: __________________ By: ______________________
Title: Mayor Title: _____________________
Date: __________________ Date: _____________________
CITY OF PADUCAH FLEET MAINTENANCE,
MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS
SERVICE AGREEMENT
This Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service Agreement
(hereinafter "Agreement") is made and entered into by and betw~en the City of Paducah, Kentucky, a
municipal corporation, (hereinafter "Paducah") and / 1 J ;)\, //, r r:-, ,.: /}-; f-(hereinafter
"Customer").
1. SERVICES. Paducah agrees to provide all professional labor, materials, equipment, and
operations necessary for scheduled maintenance, upkeep, repair and preventive maintenance,
pursuant to the Fee Schedule attached hereto. The Fee Schedule will be updated on January 1st of
each applicable year.
2. HOURS OF OPERATION. Normal operations are Monday through Friday from 6:30 a.m. until
3 :00 p.m., with the exception of holidays. Repairs made outside regular operating hours will be
performed at one and one half times the regular hourly fee.
3. WARRANTY OF WORKMANSHIP. Paducah will warrant its workmanship on repairs for a
period of30 days following completion of work.
4. TOWING. Customer will be responsible for towing any vehicles to the Department.
5. WORK AUTHORIZATION. Paducah is authorized to perform work on any equipment in which
the fee is less than $1,000. Any service or repair exceeding $1,000 shall require prior written
authorization from Customer's authorized representative.
6. TERM. This Agreement shall become effective on the date signed and be in effect for one year.
Thereafter, the Agreement shall automatically renew unless terminated as specified in Paragraph 7.
7. TERMINATION. Either Party shall have the right to terminate this Agreement without cause
upon sixty (60) days' written notice to the other Party. Paducah may terminate this Agreement
with cause upon thirty (30) days' written notice for non-payment of fees.
8. PAYMENT. Paducah shall send monthly invoices to Customer with a due date of thirty (30) days.
After sixty (60) days of non-payment, this Agreement shall be subject to Termination for Cause.
. ' ) ' ' ( I ''; ',' ~ ' \ ,' "\ ,.,,. 'J I , t '
9. AUTHORIZED REPRESENTATIVE. Customer's authorized representative is . : '.-<\,,,.; / i · I
10. INSURANCE. Customer shall maintain general and auto liability insurance with a single
combined liability limit of not less than $1,000,000 for claims arising out of and in connection with
the provision of service by Paducah under this Agreement. Customer hereby waives any claim
against Paducah for any physical damage to its vehicle(s) while in Paducah's custody and control.
11. INDEMNIFICATION. Customer shall indemnify, hold harmless, and defend Paducah from and
against any and all claims resulting or arising from Paducah's performance, or failure to perform,
under this Agreement.
1
CITY OF PADUCAH -FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND
EMERGENCY APPARATUS SERVICE AGREEMENT
CITY OF PADUCAH
By:
Title: Mayor
Date:
246362
2
CUSTOMER
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Title: /-,; t > ;/ ;· ·:';/ ,1 t ~ ';:.
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Date: c~;-d· / · > I
I /
CITY OF PADUCAH -FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND
EMERGENCY APPARATUS SERVICE AGREEMENT
Shop Hourly Labor Rate Sheet
Heavy Truck--------------------------------------$95.00 per hour
Heavy Equipment-------------------------------$95.00 per hour
Passenger Vehicle-------------------------------$85.00 per hour
Light Truck----------------------------------------$85.00 per hour
Small Engine-------------------------------------$75.00 per hour
3
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Health, Vision and Dental Benefit Plan Premiums for 2022 - S SUAZO
Category: Municipal Order
Staff Work By: Stefanie Suazo
Presentation By: Peel & Holland
Background Information: The following reflect the recommended monthly health insurance premiums, by
plan, for the 2022 Calendar year. These are the rates, as presented by DJ Story, of Peel and Holland, which are
flat compared to last year. These premiums allow us to keep our grandfathered status, which offers protection
to both the employer and the employee and allows us to maintain an acceptable escrow level to cover expected
claims and plan costs. As a further note, regarding the City’s health insurance premiums, there have not been
any increases to costs over the last ten years.
Health Insurance:
Investor Plan Monthly Premium Elite Plan Monthly Premium
Employee $781 Employee $856
Employee/Spouse $969 Employee/Spouse $1,139
Employee Child $825 Employee Child $974
Family $1,118 Family $1,319
Vision Premiums:
The following will reflect the monthly Vision Premium rate for the 2022 calendar year. The renewal rates will not
increase from last year.
Blue View Vision Monthly Premium
Employee $6.58
Employee/Spouse $11.51
Employee / Child(ren) $12.51
Family $19.09
Dental Premiums:
The following will reflect the recommended monthly Delta Dental Plan Premiums for the 2022 calendar year. The
premium renewal percentage rate will increase by 0% from last year.
Delta Dental of KY Monthly Premium
Employee $25.95
Employee/Spouse $52.95
Employee / Child(ren) $55.38
Family $90.10
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 73000208
Account Number: 521080
Staff Recommendation: Approve the premiums listed above for Health Insurance, Vision and Dental.
Attachments:
1.Heath Vision & Dental Premiums 2022
2.Dental Renewal
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER APPROVING AND ADOPTING THE
COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN PREMIUMS, THE VISION
INSURANCE PLAN PREMIUMS, AND THE DENTAL INSURANCE PLAN PREMIUMS
FOR CALENDAR YEAR 2022 FOR EMPLOYEES OF THE CITY OF PADUCAH, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah approves and adopts the following
monthly health insurance premiums for calendar year 2022 for employees of the City of
Paducah:
Health Insurance:
Investor Plan Monthly Premium Elite Plan Monthly Premium
Employee $ 781 Employee $ 856
Employee/Spouse $ 969 Employee/Spouse $1,139
Employee Child $ 825 Employee Child $ 974
Family $1,118 Family $1,319
SECTION 2. That the City of Paducah hereby approves the following monthly
premiums for the Blue View Vision Plan through Anthem BlueCross BlueShield for vision care
for employees for calendar year 2022:
Vision Insurance:
Monthly
Premium
Employee $6.58
Employee/Spouse $11.51
Employee Child $12.51
Family $19.09
SECTION 3. That the City of Paducah hereby approves the following monthly
premiums for the Delta Dental Plan for optional dental care for employees for calendar year
2022:
Dental Insurance
Monthly
Premium
Employee $25.95
Employee/Spouse $52.95
Employee Child $55.38
Family $90.10
SECTION 4. That the premiums for the Comprehensive Health Insurance Benefit
Plan, the Blue View Vision Plan and the Delta Dental Plan for employees of the City of Paducah,
adopted in Sections 1,2 and 3 above, shall become effective January 1, 2022.
SECTION 5. That the Mayor is hereby authorized to execute all documents
related to the premiums approved in Sections 1, 2 and 3 above.
SECTION 6. This order shall be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
\mo\Heath Vision & Dental Premiums 2022
Delta Dental of Kentucky
Renewal Rates for CITY OF PADUCAH #692290
Effective January 1, 2022
September 20, 2021 692290-4001, 4002, 4003
Rates
Rates per subscriber per month Current Rate(s)
January 1, 2021 through December 31, 2021 Renewal Rate(s)
January 1, 2022 through December 31, 2022
Subscriber only $25.95 $25.95
Subscriber and spouse $52.95 $52.95
Subscriber and child(ren) $55.38 $55.38
Subscriber, spouse and child(ren) $90.10 $90.10
Overall Percent Change 0.00%
Rating Requirements
Tied to medical: No
Enrollees and dependents choosing this dental plan are required to remain enrolled for a minimum of 12 months. Should an
Enrollee or Dependent choose to drop coverage after that time, he or she may not re-enroll prior to the date on which 12
months have elapsed. Dependents may only enroll if the Enrollee is enrolled (except under COBRA) and must be enrolled
in the same plan as the Enrollee. An election may be revoked or changed at any time if the change is the result of a
qualifying event as defined under Internal Revenue Code Section 125.
Rating Assumptions
Rates do not include any applicable claims taxes. The rates are valid only for the effective date noted above and are
guaranteed for a one year contract.
Self-billing is not allowed and you agree to pay as invoiced each month.
Subscriber materials which are produced by Delta Dental will be updated and provided when plan changes apply and are
always available to view or print at https://www.DeltaDentalKY.com.
Printed dentist directories are not included. You can find participating dentists on our website at
https://www.DeltaDentalKY.com.
The plan specifications are subject to Delta Dental's standard exclusions and limitations, including:
Oral exams (including evaluations by a specialist) are payable twice per calendar year. Limited oral evaluations
for a specific problem or complaint are also payable twice in the same calendar year.
Prophylaxes (cleanings) are payable twice per calendar year. Two additional periodontal maintenance procedures
are payable per calendar year for individuals with a documented history of periodontal disease. Full mouth
debridement is payable once in a lifetime.
People with specific at-risk health conditions may be eligible for additional prophylaxes (cleanings) or fluoride
treatment. The patient should talk with his or her dentist about treatment.
Fluoride treatments are payable once per calendar year for people age 18 and under.
Space maintainers are payable once per area per lifetime for people age 13 and under.
Bitewing X-rays are payable once per calendar year and full mouth X-rays (which include bitewing X-rays) are
payable once in any five-year period.
Sealants are payable once per tooth per two-year period for first and second permanent molars for people age 15
and under. The surface must be free from decay and restorations.
Payment for crowns, inlays, and onlays are payable once per tooth in any five-year period. Stainless steel crowns
are payable once per tooth in any two-year period on primary teeth only.
Composite resin (white) restorations are payable on posterior teeth.
Root canal treatment is inclusive of periapical X-rays, cultures, follow-up care, treatments, pulpotomy or
pulpectomy, and routine post-operative procedures. Separate charges are not Covered Services for these
procedures. Retreatment is payable two years after the initial treatment.
Denture and/or bridge replacement is payable five-years post initial place. Replacement is not a Covered Service
for lost or stolen dentures and/or bridges. Interim dentures are payable only for people under age 17 to replace
extracted anterior permanent teeth.
The initial installation of any prosthodontic service to replace missing teeth or teeth that were lost before
coverage began, including congenitally missing teeth is not payable. Replacements of existing appliances can be
considered.
Fixed bridges or removable cast partials are payable only for Eligible Dependents over age 16. Services and
appliances that replace missing natural teeth (such as bridges, endosteal implants, implant crowns, partial
dentures, and complete dentures) may be subject to an Alternate Benefit.
Porcelain and resin facings on bridges are payable on posterior teeth.
Implants are payable once per tooth in any five-year period. Implant related services are Covered Services.
Crowns over implants are payable once per tooth in any five-year period. Services related to crowns over implants
are Covered Services.
Authorized Signature __________________________
Title _____________________________
Date
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approve Strategic Health Risk Advisor & Strategic Benefit Placement Services with Peel &
Holland - S SUAZO
Category: Municipal Order
Staff Work By: Stefanie Suazo
Presentation By: Stefanie Suazo
Background Information: The City has utilized the Health Risk Advisor services with Peel & Holland
since July 1999 pertaining to issues regarding the administration, renewal, claim resolution, cost containment
and bidding process of the City's health insurance plan. Staff recommends entering into a contract with Peel &
Holland to continue these services for calendar year 2022. The 1 year contract with Peel & Holland remains flat
at $78,900. This fee is payable in four equal installments of $19,725 to be billed quarterly. In addition, there is
a fee of $200 per hour subject to a minimum retainer of $5,000 for services requested by the City or the City's
legal counsel for issues that arise in connection with employer and employee bargaining, legal matters, disputes
of other similar issues. In addition to this cost is an Advisory Agreement Services Addendum. This Addendum
would only be in effect if services from the attached form are requested and additional charges and fees will
apply. These fees also remained flat.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 73000208
Account Number: 523070
Staff Recommendation: Authorize the Mayor to execute a contract between the City of Paducah and Peel
Holland pertaining to the administration of the City's health insurance.
Attachments:
1.MO - Peel & Holland Strategic Health Risk Advisor & Benefit Placement Services 2022
2.2022 City of Paducah Advisory Agreement
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR A STRATEGIC HEALTH RISK ADVISOR & STRATEGIC BENEFIT
PLACEMENT SERVICES WITH PEEL & HOLLAND FINANCIAL GROUP FOR
ADMINISTRATION OF THE CITY OF PADUCAH’S HEALTH INSURANCE IN AN
AMOUNT OF $78,900 PLUS $200 PER HOUR, SUBJECT TO A MINIMUM RETAINER OF
$5,000, FOR REQUESTED SERVICES RELATED TO EMPLOYEE BARGAINING, LEGAL
MATTERS, AND DISPUTES OR OTHER SIMILAR ISSUES AND AUTHORIZES THE
EXECUTION OF THE ADVISORY AGREEMENT SERVICES ADDENDUM
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby authorizes the Mayor to execute a
contract for a Strategic Health Risk Advisor and Strategic Benefit Placement Services with Peel
& Holland Financial Group, in the amount of $78,900, payable in four equal installments of
$19,725 each, for administration services pertaining to the administration of the City of
Paducah’s health insurance. An additional fee of $200 per hour, subject to a minimum retainer of
$5,000, will be charged for services requested by the City or the City’s legal counsel for issues
that arise in connection with employer and employee bargaining, legal matters, disputes or other
similar issues.
SECTION 2. The City of Paducah hereby authorizes the Mayor to execute an
Advisory Agreement Services Addendum with Peel & Holland Financial Group, which provides
for additional fees if specific additional services are requested including Carrier Billing
Reconciliation, Enrollment Errors, and Benefit Administration System Maintenance for $150 per
hour with a $300 minimum and ACA Reporting for $150 per hour with a $1,500 minimum.
SECTION 3. Said contract and addendum authorized in Sections 1 and 2 above
will be for the 2022 calendar year.
SECTION 4. This order will be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
mo\contract – Peel & Holland Strategic Health Risk Advisor & Benefit Placement Services 2022
City of Paducah, (Strategic Health Risk ADVISOR) Page 1 of 4
STRATEGIC HEALTH RISK ADVISOR &
STRATEGIC BENEFIT PLACEMENT SERVICES
THIS CONTRACT, made and entered into on this 28th day of October 2021, by
and between Peel & Holland Financial Group, 1120 Main, P.O. Box 427, Benton,
Kentucky 42025, hereinafter referred to as "ADVISOR," and City of Paducah,
Kentucky hereinafter referred to as the "CLIENT,"
WITNESSETH:
WHEREAS, CLIENT desires to engaged ADVISOR to access its “Strategic
Health Risk Advisor System and Strategic Insurance Placement Services System”,
hereinafter referred to as “SYSTEM” and ADVISOR desires to accept such
engagement; and
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
A. ADVISOR perform the following services on behalf of the CLIENT:
1. Review all insurance contracts and employer forms relating to health,
vision, dental, and drug benefits, HRA, H.S.A. and make
recommendations to the CLIENT on such contracts.
2. Coordinate on-site enrollers or web-based enrollments and assistance
with annual open enrollment for eligible employees during the period(s)
contracted.
3. Provide assistance with questions on behalf of CLIENT including but
not limited to health insurance claims, eligibility, plan selection for
employees.
4. Provide consultation on issues relating to co st share, stop-loss and plan
administration, and oversight in bid processes annually.
5. Review and provide commentary on plan data such as claims,
administrative and reinsurance costs and comparisons of data for
varying years on a quarterly basis agreed to committees and/or the City
Commission, or City Manager as agreed to by CLIENT.
City of Paducah, (Strategic Health Risk ADVISOR) Page 2 of 4
6. Prepare annual request for proposals (RFP) for years CLIENT requests
formal bid processes. Provide oversight and coaching services in
review of bids, assembly of data received by bidders and make specific
recommendations to CLIENT for placement or procurement of
health/drug, dental and vision insurance contracts.
7. Review preferred provider agreements and assist client in comparing
and selecting preferred provider organizations (PPO).
8. Assist CLIENT with meetings and coach on benefit plan issues with
employee groups as requested by CLIENT.
9. When qualified provide advice for all other areas of health, dental and
drug plan operations as requested by CLIENT.
10. Provide COBRA administrative services via a separate administrative
party as per a separate agreement between, Flores & Associates and
CLIENT.
11. Provide expert witness services in connection for employer and
employee bargaining, legal matters, disputes, or similar issues, as
requested by the employer or the employer’s legal counsel.
12. Provide data analytics via Acclaim Health Analytics and NavMD
Design180 with customized reporting and care management integration
with disease management firms chosen independently by CLIENT.
13. Access to Compliance Dashboard, tool to help assure compliance with
health plan laws.
B. For the services rendered as described in Paragraph A , Subparagraphs 1
through 10, CLIENT shall pay ADVISOR a fee of $78,900 per annum (fee includes
$72,000 for Items 1-10, $6,300 for item 12, and $600 for Item #13). Services shall be
billed and payable at a rate of $19,725 per quarter and due each of the following dates:
January 1, 2022, April 1, 2022, July 1, 2022, and October 1, 2022, payable within 30
City of Paducah, (Strategic Health Risk ADVISOR) Page 3 of 4
days of each billing statement. Services shall continue for one calendar year from the
inception date of this agreement. For services rendered as described in Paragraph A,
Subparagraph 11 above, CLIENT shall pay ADVISOR a separate fee of $200.00 per
hour subject to a minimum retainer of $5,000.00 per year should services be requested
in item 11 above. Invoice for services rendered or retained under Paragraph A,
Subparagraph 11, shall be billed monthly as accrued and payable no later than the 10 th
of the following month after the billed date. Assuming no services Paragraph A,
Subparagraph 11 are requested, then no fee shall be paid under this separate section
of the services. Also, due to the nature of benefits such as dental, vision, life, voluntary
plans, etc. certain carriers may not waive standard commissions and if such relationship
exists then these commissions shall be disclosed, and commissions may be earned in
addition to other fees specified within this agreement . The charging of these fees and
expenses by ADVISOR for the services enumerated shall not preclude his charging and
receiving a commission or fee as an agent or consultant in a separate transaction
between CLIENT and ADVISOR should there be any such separate transaction.
C. CLIENT acknowledges that, with respect to providing advice and
assistance placing insurance-related products, ADVISOR is acting as an insurance
agent (as defined in KRS Chapter 304.9-020) and subject to provisions of KRS Chapter
304.11-020 TO 304.11-050. Further CLIENT meets the definition of “client” as denoted
in KRS Chapter 304.11-020 TO 304.11-050 for health insurance.
D. CLIENT agrees that ADVISOR’s sole responsibility is to provide its best
advice in an objective manner in accordance with the terms of the contract. CLIENT
understands and acknowledges that in many instances ADVISOR's advice will simply
consist of his opinion. Although CLIENT may delegate to ADVISOR certain decisions
as part of the service rendered by ADVISOR pursuant to this contract, only CLIENT,
and not ADVISOR, shall be responsible for such decisions. ADVISOR's obligation to
CLIENT shall be limited to providing CLIENT with his best opinion based upon his
professional experience at the time such opinion is presented. CLIENT acknowledges
City of Paducah, (Strategic Health Risk ADVISOR) Page 4 of 4
that ADVISOR makes no representations nor warranties concerning the quality,
effectiveness, or results of his coaching services, and CLIENT assumes full risk for, and
shall hold ADVISOR harmless from, all results of following or rejecting ADVISOR's
advice or recommendations.
E. CLIENT shall release ADVISOR from providing any services required
herein and ADVISOR shall provide a refund to CLIENT, prorated with the length of
service rendered, if ADVISOR is prevented from providing the services by sickness,
death, or events beyond his control, or if any outstanding bill which is due and payable
by CLIENT to ADVISOR for past services is not paid in accordance with this contract.
F. Termination: CLIENT agrees that the initial term of this agreement and
associated fees shall continue through December 31, 2022 and may continue into the
future, as mutually agreed and by extending the agreement in writing . Afterward, either
party may termination this agreement, at any time , for any reason, provided a ninety
(90) day notice is provided in writing. Fees shall continue to become due and payable
throughout the length and term of the entire agreement, even if terminated, unless
stipulated otherwise in section E. above.
G. This agreement has been entered into by City of Paducah, Paducah,
Kentucky and Peel & Holland Financial Group.
IN TESTIMONY WHEREOF, Peel & Holland Financial Group and City of
Paducah each has caused their name to be hereunto affixed on this date first written
above.
Date: DJ Story, Authorized Peel & Holland Representative
Date: City of Paducah Kentucky
09/28/2021
City of Paducah (Advisory Agreement Services Addendum) Page 1 of 1
Advisory Agreement Services Addendum
Additional Human Resources and Financial Support Services
Our advisory services assume each client shall maintain employment records, system
information and provide for their own carrier bill reconciliation. In the event the services
indicated below are requested additional charges and fees will apply.
• Carrier Billing Reconciliation: $150 per hour, $300 minimum
o Auditing carrier invoices;
o Retrospective billing resolution and dispute mitigation
• Enrollment Errors: $150 per hour, $300 minimum
o Enrollment corrections;
o Carrier communications;
o Dispute resolution;
• Benefit Administration System Maintenance: $150 per hour, $300 minimum
o System build, implementation and testing;
o Entering, maintaining and updating various records
• ACA Reporting: $150 per hour, $1,500 minimum
o Training, support and online assistance outside the initial system
implementation;
o Entering data, uploading reports and assistance with retrospective corrections
I/We understand the services as listed above require additional time, effort, support and
additional charges shall apply.
Date: City of Paducah, Authorized Representative
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Administrative Services and Stop Loss Insurance with Anthem Blue Cross Blue Shield - S
SUAZO
Category: Municipal Order
Staff Work By: Stefanie Suazo
Presentation By: Peel & Holland
Background Information: DJ Story of Peel and Holland recommends that the city continue with Anthem
Blue Cross Blue Shield for the 2022 plan year, effective January 1, 2022 as the City’s Third Party
Administrator (TPA) to provide claims administrative services related to the City’s health insurance plan.
Remaining with Anthem offers the best overall option for quality of plans, administrative services and
competitive rates and factors. A summary of Anthem’s administrative fees, rates and factors is attached. In
addition, since January 1, 2011 the City of Paducah has purchased stop loss insurance with Anthem to protect
the City’s health insurance plan in the event of a catastrophic claim(s). It is recommended, for the 2022 plan
year beginning on January 1, 2022, the Commission adopt an agreement with Anthem to purchase stop loss
insurance which is set at a $175,000 maximum city liability per person (individual stop loss), Anthem assumes
liability for all claims in excess of this amount, and $2,490,743.00 maximum city liability of total claims
combined (aggregate stop loss limit), Anthem assumes liability for all claims in excess of the aggregate total up
to $1,000,000. Premium rates are $95.49 per member per month for individual stop loss insurance, in which
there is an increase of 2.99% from last year, and $6.87 per member per month for aggregate stop loss
insurance, which stayed the same from last year.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 73000208
Account Number: 520010
Staff Recommendation: Authorize the Mayor to execute ASO agreement with Anthem Blue Cross Blue
Shield for administrative services and stop loss insurance.
Attachments:
1.MO health ins-stop loss coverage & administrative services 2022
2.City of Paducah 2022
3.CoP MSP Form
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER ACCEPTING THE RATES FOR STOP LOSS
INSURANCE COVERAGE AND AUTHORIZING AN AGREEMENT FOR
ADMINISTRATIVE SERVICES WITH ANTHEM BLUE CROSS BLUE SHIELD
FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF PADUCAH,
KENTUCKY FOR THE 2022 CALENDAR YEAR AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah authorizes and approves an
agreement with Anthem Blue Cross Blue Shield as the City’s Third-Party Administrator
to provide claims administrative services related to the City’s health insurance plan. The
effective date of this Agreement is January 1, 2022 and ending December 31, 2022.
SECTION 2. That the City of Paducah accepts the rates offered through
Anthem Blue Cross Blue Shield for Stop Loss Insurance Coverage for the group health
insurance plan for the City of Paducah, Kentucky. Effective January 1, 2022. The stop
loss rates are as follows:
1) Individual Stop Loss - $175,000 maximum City liability per person
with a monthly rate of $95.49 per member; and
2) Aggregate Stop Loss - $2,490,743 maximum City liability of total
claims combined with a monthly rate of $6.87 per member.
Anthem assumes liability for all claims in excess of the aggregate
total up to $1,000,000.
SECTION 3. The Mayor is hereby authorized to execute all documents
relating to administrative services and stop loss insurance coverage as authorized in
Sections 1 & 2 above.
SECTION 4. This Order shall be in full force and effect from and after
the date of its adoption.
_________________________________
George Bray, Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
\mo.\health ins-stop loss coverage & administrative services 2022
Fixed Administrative Costs
CITY OF PADUCAH
Effective January 1, 2022 through December 31, 2022
Current 1/1/2022
through
12/31/2022
1/1/2023
through
12/31/2023
1/1/2024
through
12/31/2024
1/1/2025
through
12/31/2025
1/1/2026
through
12/31/2026
PCPM PCPM PCPM PCPM PCPM PCPM
Non-CDH Plan Enrollment 45 45 45 45 45 45
CDH Plan Enrollment 228 228 228 228 228 228
Enrollment 273 273 273 273 273 273
Medical and Pharmacy Administration $48.92 $49.21 $0.00 $0.00 $0.00 $0.00
Pharmacy Rebate Offset ($33.95)($35.05)$0.00 $0.00 $0.00 $0.00
Basic Wellness $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Specialty Pharmacy with Clinical Site of Care
Review
$0.65 $0.65 $0.00 $0.00 $0.00 $0.00
Composite Total:$18.93 $15.62 $14.81 $0.00 $0.00 $0.00 $0.00
Annual fixed administrative costs based on
assumed enrollment:$51,171 $48,518 $0 $0 $0 $0
Percentage Change:-5.2%0.0%0.0%0.0%0.0%
$15.23
Authorized Signature:_____________________________________________
Title:____________________
Date:____________________
Additional Fee Disclosures:
0163007-04
Fixed Administrative Costs
See Additional Service Fees and Pharmacy Pricing for disclosure of additional service fees which are not included on this cost summary.
The Pharmacy Rebate Offset reflects the National Formulary. The offset may be adjusted if a different pharmacy formulary is sold.
Stop Loss Options
CITY OF PADUCAH
Group Number(s): W29698 00210630
Effective January 1, 2022 through December 31, 2022
Option 1 - $175,000 Specific Stop Loss with 125% Aggregate Stop Loss
Specific Stop Loss limit:$175,000 125%
Specific Stop Loss contract basis:Paid in 12 Paid in 12
Lines of coverage Included:Med And Rx Med And Rx
Specific Stop Loss Maximum:Unlimited $1,000,000
Specific Stop Loss accumulation:Per Member
Commissions:0.00%0.00%
Annual
Minimum Aggregate Stop Loss limit:$2,241,669
Estimated Policy Period Claims Maximum:$2,490,743
Specific Stop Loss Premiums Composite
PCPM
Annualized
Total
273
Current $92.72 $303,751
Renewal $95.49 $312,825
Rate Change 2.99%
Aggregate Stop Loss Premiums Composite
PCPM
Annualized
Total
273
Current $6.87 $22,506
Renewal $6.87 $22,506
Rate Change 0.00%
Admin Annualized Total $48,518
Fixed Costs Annualized Total $383,849
Monthly Aggregate Factors Composite
PCPM
Annualized
Total
273
Current $728.10 $2,385,256
Renewal $760.30 $2,490,743
Rate Change 4.4%
Total
Total
Total
Commissions:
Aggregate Stop Loss Maximum:
Lines of coverage Included:
Aggregate Stop Loss contract basis:
Aggregate Stop Loss percentage reimbursable:
Payment Limit:
Stop Loss Options
CITY OF PADUCAH
Group Number(s): W29698 00210630
Effective January 1, 2022 through December 31, 2022
Option 1 - $175,000 Specific Stop Loss with 125% Aggregate Stop Loss
Estimated Expected Claims Composite
PCPM
Annualized
Total
273
Current $582.48 $1,908,204
Renewal $608.24 $1,992,594
Rate Change 4.4%
Fixed Costs and Expected Claims Annualized
Total $2,376,443
Authorized Signature:
Title:
Date:
Total
Services included and buy-up options
CITY OF PADUCAH
Effective January 1, 2022 through December 31, 2022
PCPM fee
ASO Get Control Engagement Package $1.53
ASO Get Strong Engagement Package $1.53
ASO Be Active Engagement Package $4.33
Fee Billed Per
ParticipantPer
Month
Act Wise Commuter $3.40
Act Wise FSA $3.40
Act Wise HRA with FSA, Dependent FSA, Commuter $3.40
Limited Purpose FSA or Dependent FSA or Commuter Add on to Act Wise HSA $1.15
Notes
Full quote details available upon request.
HSA and HRA account administration is only available with particular plan designs. Details available upon request.
Health Savings Account Fees may be paid by the employer or the employee.
Engagement packages have an additional $1.25 service fee each time a reward is added to the re-loadable Master Card.
0163007-04
Services Included in fixed administrative costs
Administration of the proposed $3000 Deductible EHDHP (0% Natl Ntwk Natl Form) Blue Access, $1500 Deducitble PPO ($15/$35/$55/25% Natl Ntwk Natl Form)
Blue Access plan designs.
ASO Basic Foundational Program
Specialty Pharmacy with Clinical Site of Care Review
LiveHealth Online
Blue Distinction Programs
Claims Fiduciary Coverage
Standard ID cards
Standard management reporting
State/federal reporting
Open enrollment meeting support
Electronic version of the benefit booklets
Account Administration Buy-Up Options (charged separately)
Buy-Up Options
SIC Code: 9199
Administrative Services Only (ASO)
• The proposed services, rates and fees are effective from 1/1/2022 through 12/31/2022.
• This contract will be issued in KY.
- This is an integrated medical and pharmacy offering.
• The proposal assumes 273 employees will be enrolling for medical coverage, with an average member to employee ratio of 2.12.
• The proposal assumes the same enrollment for medical and pharmacy.
• Anthem reserves the right to revise this proposal or modify these fees or rates under any of the following circumstances:
- Due to any taxes, fees and assessments prescribed by any statutory, regulatory or other legal authority, that in Anthem's
discretion, invalidates this quote.
- Legislation or other matters that impact Anthem's costs or revenues under this proposal
- Should the total enrollment or enrollment distribution by membership type, product or location change by 10% or more from that
assumed when preparing the pricing for this package.
- Actual Member to Subscriber ratio is not within +/-5% of 2.12.
- A change to the plan benefits that result in substantial changes in the service or networks, as determined by Anthem.
- Changes in proposal terms, conditions, services or product from this quotation.
- Any of the plan benefits administered by Anthem are moved to another third party administrator or private exchanges.
- Anthem and/or WCIC is not the sole medical carrier.
- Change in nature of Employer’s business.
- A material reduction in Provider’s billed or published charges that results in a decrease in Anthem’s discount of 10% or more.
• The final relationship between the Parties will be subject to and described in an Administrative Services Agreement and this
agreement will be the binding agreement between the parties.
• Unless otherwise noted, fees are quoted on a per contract per month (PCPM) basis. PCPM is equivalent to, and will be described
as per subscriber per month in the Administrative Services Agreement.
• Employers, as plan sponsors and administrators, are responsible for complying with all applicable laws.
• Eligibility data will be provided in Anthem’s standard format. Additional charges may apply for non-standard formats.
• This quote assumes ACH withdraws from group's bank account for claims and fixed fees. Anthem’s standard for claim billing is
weekly with payment required within three business days from receipt of invoice.
• This quote assumes Anthem will accept fiduciary responsibility for claims administration and the handling of the claims complaint
and appeals. To the extent ERISA applies, the employer remains the Named Fiduciary of the plan.
• Commissions and consultant fees are excluded unless otherwise noted.
• The processing of claims incurred prior to the effective date is the responsibility of the prior claims administrator.
• Since Anthem is neither a Hawaii authorized insurer nor a Hawaii Health Care Contractor, our benefits may not match the
requirements of the Prepaid Health Care Act. We recommend that you obtain direct quotes for either an individual policy for
employees who live and work in Hawaii or if there are several employees within an employer group to obtain group coverage from a
Hawaii authorized insurer. This would ensure that all the state requirements are met.
• Specific Stop Loss maximum matches the lifetime maximum of the plan(s) unless specified otherwise.
• This Stop Loss proposal expires 30 days from the date of its release or on the effective date, whichever is sooner.
Assumptions and conditions
CITY OF PADUCAH
Effective January 1, 2022 through December 31, 2022
SIC Code: 9199
Administrative Services Only (ASO)
Assumptions and conditions
CITY OF PADUCAH
Effective January 1, 2022 through December 31, 2022
• Specific Stop Loss claims above the selected Specific Stop Loss Limit will not count towards satisfaction of the aggregate
attachment point.
• No change in benefits after the effective date by the group’s employee benefit program shall be covered by the Stop Loss
agreement nor shall any amounts paid as benefits resulting from such a change be counted towards the satisfaction of the
attachment point. This limitation may be waived if a written acceptance of such a change is issued by the carrier.
• Only those coverage’s quoted and which are eligible under the group’s employee benefit program are eligible under this Stop Loss
program.
• Stop Loss protection must be purchased in conjunction with our Administrative Services proposal.
• All expenses for services or supplies in excess of any limitation under the group’s employee benefit program are excluded under the
Stop Loss program.
• COBRA enrollees must not exceed 10% of total enrollees.
• Claims Run-Out coverage is applicable at the end of a full 12 month policy period only and cannot be applied against any Stop Loss
policy that terminates prior to completion of the contract period.
• The Individual Stop Loss Limit accumulation period will be the full twelve months of the standard contract period.
• Aggregate premium for Run-out coverage will be calculated by the sum of subscribers enrolled during the last month of the contract
period times the number of run-out months times employee rate.
• All contracts including the ASO Agreement and/or the Stop Loss Agreement must be signed prior to the effective date.
• This is an integrated administration and stop loss offering. Admin fee is not valid outside of this pairing with stop loss. Anthem Stop
Loss cannot be omitted without approval from Underwriting.
• This offer assumes that no class of employees will be offered an HRA integrated with individual health insurance coverage. Anthem
must be notified if particular classes of employees will be offered an HRA integrated with individual health insurance coverage, and a
census of those employees must be provided so that appropriate adjustments, if needed, can be made to this offer.
• This quote does not include funding of the Patient-Centered Outcome Research Institute fee.
• This renewal is contingent upon the group / plan sponsor being current with all premium or fees as of the effective date of the
renewal, unless specifically agreed to in writing in advance by Anthem.
• Anthem reserves the right to inspect and audit any and all of CITY OF PADUCAH documents relating to claims submitted to
Anthem. Documentation includes, but is not limited to, claims, case management, utilization management records, audit records
(including audits of TPA and TPA's providers and vendors), eligibility, as well as other information requested by Anthem. Anthem also
has the right to review and audit records related to subrogation and other recoveries.
Stoploss terms are firm. This proposal expires 09/10/2021 after which time we reserve the right to revise our claims and rates based
on updated experience.
Anthem Blue Cross and Blue Shield is the trade name of Anthem Health Plans of Kentucky, Inc. Independent licensee of the Blue Cross and Blue Shield Association.
ANTHEM is a registered trademark of Anthem Insurance Companies, Inc. - 0163007-04
Additional service fees
CITY OF PADUCAH
Effective January 1, 2022 through December 31, 2022
Independent Dispute Resolution
Fee for Independent Dispute Resolution. Fees charged to Anthem as part of independent dispute resolution processes, including arbitrator
fees, will be charged to Employer.
The cost of processing runout claims is excluded. The charge for processing 12 months of runout claims is 9.0% of all runout claims. In
addition, direct charges may be incurred following termination that are not included in the standard runout processing fee (e.g., data feeds
to other vendors).
BlueCard Fees
Discount Share
The fee will be equal to 2.00% of in-network discounts. In-network discount is the difference between billed charges for covered services
and the negotiated amount. Prescription drug claims, claims paid on a capitated basis, Traditional network fee schedule and Payment
Innovation program payments are excluded from the fee calculation. This fee will be limited as follows: up to $5,000 per Claim [up to an
aggregate maximum of $17.36 PCPM per Agreement Period] [No less then an aggregate minimum of $14.2 PCPM per Agreement Period].
Out of Network Savings Fees
The fee will be equal to 50% of the negotiated savings achieved on certain non-network claims.
Traditional Network Provider Savings Fee
The fee will be equal to 50% of Traditional network discounts. Traditional network discount is the difference between billed charges for
covered services and the traditional provider negotiated amount. Prescription drug claims, claims paid on a capitated basis and Payment
Innovation program payments are excluded from the fee calculation.
Additional service fees
Runout Period Claims Processing Fee Types
Fees associated with claims processed during the runout period including without limitation subrogation fees, recovery fees, network
access fees, will be charged during the runout period.
Runout Period Claims Processing Fee Costs
The following BlueCard fees will be included in the paid claims amounts:
● The access fee is charged at a percentage no greater than 3.79% of the discount/differential subject to a maximum of $2,000 per
claim.
● The AEA Fee is $5.00 per professional provider claim and $11.00 per institutional claim.
● Occasionally, Anthem and a Host Blue may contract for a lower fee by combining the Access Fee and the AEA fee.
● The Central Financial Agency fee is $0.35 per payment notice. The ITS transaction fee is $0.05 per claims transaction.
● BlueCard fees are not charged in Anthem states. For a complete description of these fees, please consult your ASO Agreement.
Enhanced Personal Health Care (EPHC) Program Administration
The fee for Anthem’s oversight of EPHC with providers or vendors is 25% of the per attributed member per month amount charged to the
Employer for the provider performance bonus portion of the EPHC program.
Subrogation services
The charge is 25% of gross subrogation recovery.
Overpayment Identification and Claims Prepayment Analysis Activities
The charge to Employer is 25% of (i) the amount recovered from review of Claims and membership data and audits of Provider and Vendor
activity to identify overpayments and (ii) the difference between the amount Employer would have been charged absent prepayment
analysis activities and the amount that was charged to Employer following performance of the prepayment analysis activities. This includes,
but is not limited to, activities related to COB, duplicates, contract compliance, and eligibility.
External appeals
The PPACA requires that ASO groups provide a process for external claims appeals to be available in situations where adverse benefit
determinations have been made. Employer may contract with Anthem for this service or arrange to work directly with an external vendor.
The fee will be $500 per external appeal for the service contracted with Anthem.
Reporting
Management reports (e.g., standard account reporting package, performance guarantee reporting, lag reports, online reporting tool/access
are included in our fees. In addition to these reports, Anthem will provide 20 hours of time needed to generate custom or ad-hoc reports
(e.g., care management and utilization review reports) at no charge per year. The charge beyond 20 hours per year is $150 per hour of time
needed to generate the custom or ad-hoc report.
Data Feeds
HSA Carve-out Vendor Connection
A fee of $10,000 applies to sending medical claims files to standalone HSA administrators (not purchased through Anthem).
Additional service fees
CITY OF PADUCAH
Effective January 1, 2022 through December 31, 2022
Anthem shall provide up to one Monthly data feed to a supported outside vendor in Anthem’s standard format , not to exceed 12 feeds.
The charge is $1,000 for each additional feed. Each time a report is sent to a supported vendor electronically, it is considered a feed, even
if the same report is sent to the same vendor monthly. For example, if monthly feeds are sent to two supported vendors, 24 electronic data
feeds will have been used on an annual basis. The charge for Weekly data feeds to a single supported vendor, not to exceed 52 feeds, is
$15,000 annually. The charge for Daily data feeds to a single supported vendor, not to exceed 365 feeds, is $20,000 annually. Additional
fees would be required for Stop Loss interfaces, Rx integration feeds and telemedicine.
Pharmacy Benefit Administration
See Pharmacy Pricing Summary.
Medicare Secondary Payer
Employer Status Form
Please complete this form to assist with compliance with the Medicare Secondary Payer regulations of the Centers for Medicare and
Medicaid Services (CMS). You may want to check with your legal counsel to confirm the Medicare Secondary Payer requirements.
Group name Group contact
Group identification no. Telephone no.
The business or organization (“Group”) named above:
Does NOT Does
have 20 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year or the preceding
calendar year, and
Does NOT Does
have 100 or more employees on 50 percent or more of its regular business days during the preceding calendar year.
“Employees” include (even if they are not eligible for Anthem group health plan benefits):
x Part-time, full-time and leased employees;
x Persons not working but receiving payments normally subject to FICA taxes, such as persons on disability for the first six months.
If the Group is part of a controlled group of employers under IRC Sec. 52(a) and (b) or an affiliated service under IRC Sec. 414(m),
then all employees in the aggregated group of employers must be included in the count of the Group’s employees.
The Group agrees to notify Anthem Blue Cross and Blue Shield as soon as the statement above is no longer true.
The Group employed _____________ (number) of such “employees” as of _____________(date).
If this form states a change in the category (i.e., under 20, over 20 or over 100 employees) for the Group, then a copy of the business’
or organization’s latest wage and tax statement must be attached and returned with this form.
I certify that the information provided above is true to the best of my knowledge and belief.
Group administrator signature Date
Life and Disability products are underwritten by Anthem Life Insurance Company.
In Indiana: Anthem Blue Cross and Blue Shield is a trade name of Anthem Insurance Companies, Inc.
In Kentucky: Anthem Blue Cross and Blue Shield is the trade name of Anthem Health Plans of Kentucky, Inc.
In most of Missouri, Anthem Blue Cross and Blue Shield is the trade name of RightCHOICEfi Managed Care, Inc. (RIT),
Healthy Alliancefi Life Insurance Company (HALIC) and HMO Missouri, Inc. RIT and certain affiliates administer non-HMO benefits underwritten by HALIC and
HMO benefits underwritten by HMO Missouri, Inc.). RIT and certain affiliates only provide administrative services for self-funded plans and do not underwrite benefits.
In Ohio: Anthem Blue Cross and Blue Shield is the trade name of Community Insurance Company.
In Wisconsin, Blue Cross Blue Shield of Wisconsin ("BCBSWi") underwrites or administers the PPO and indemnity policies; Compcare Health Services Insurance
Corporation ("Compcare") underwrites or administers the HMO policies; and Compcare and BCBSWi collectively underwrite or administer the POS policies.
Independent licensees of the Blue Cross and Blue Shield Association.
Rev. 1/07 fi Anthem is a registered trademark. The Blue Cross and Blue Shield names and symbols are registered marks of the Blue Cross and Blue Shield Association.
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Use of spending credits for eligible employees pursuant to the City’s group health insurance plan
for the 2022 plan year - S SUAZO
Category: Municipal Order
Staff Work By: Stefanie Suazo
Presentation By: Peel & Holland
Background Information: The City makes financial contributions to subsidize the cost of the premium
charges in the approved health and wellness plan. Allocation of spending credits towards the purchase of
certain benefits such as health, dental or vision pursuant to the City’s group health insurance plan shall be
$8,724 per employee. For those employees who opt out of the City’s group health insurance, who were hired
prior to January 1, 2014, and can show proof of coverage under another sponsored group health insurance plan
are recommended to receive an employer contribution of $2,850. New participants to the waiver credit, with a
hire date after January 1, 2014 are subject to a $500 maximum employer contribution. In addition, any
employee should be able to increase their allotment, at the minimum, by participating in the wellness program.
This can be achieve through biometric readings ($1,000), not using nicotine ($250), getting a physical and
turning in lab work ($250) and participating in six free events ($750) such as walking a 5k.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 73000208
Account Number: 523070
Staff Recommendation: Approve the use of spending credits for eligible employees pursuant to the City’s
group health insurance plan for the 2022 plan year.
Attachments:
1.ins policy spending credits 2022
2.NEW_City of Paducah Wellness Program 2022
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER ESTABLISHING POLICY FOR USE OF SPENDING
CREDITS TOWARD THE PURCHASE OF CERTAIN BENEFITS SUCH AS HEALTH, DENTAL OR
VISION PURSUANT TO THE CITY’S GROUP HEALTH INSURANCE PLAN FOR THE 202 PLAN
YEAR
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
Section 1. To be eligible for the benefits provided in Section 2, employees must timely
enroll in that portion of the City’s group health insurance plan referred to as medical and prescription
drug coverage. The City shares the cost of medical, prescription drug, dental and vision coverage with
the City employees by contributing $8,724 per employee (“base credit”) to be used under the Plan and
other applicable credits which may be earned pursuant to the applicable City policy.
Section 2. All eligible employees who timely apply for coverage under the City’s group
health insurance plan (medical and prescription drug coverage) shall be permitted to redirect any unspent
employer contribution toward the applicable pre-tax vehicle (HSA, FSA, HRA) subject to all applicable
federal and state laws and regulations and as may be amended from time to time by order of the Board of
Commissioners. Any changes requested by the employee due to change in family status shall be
considered on a pro-rata basis from the effective date of timely enrollment pursuant to the plan documents
of any affected benefit plan.
Section 3.
A. Employees who opt out of the City’s group health insurance, who were hired prior to
January 1, 2014, and can show proof of coverage under another sponsored group health insurance plan
shall receive an employer contribution of $2,850. New participants to the waiver credit, with a hire date
after January 1, 2014 are subject to a $500 maximum employer contribution which can be applied to an
HRA, deposited on an as accrued basis, as established by the City and which can be amended from time
to time by order of the Board of Commissioners. In the event the City in its sole discretion does not
accept the creditability of the spouse’s employer-sponsored group health insurance plan, other group
sponsored health insurance plan, or non-group sponsored health insurance plan, and the employee
chooses to remain covered under such group health insurance plan, then such employee shall be governed
under the procedures established in Section 4.
B. All eligible employees who opt out of the City’s group health insurance plan to enroll
in a health insurance plan that is not under a spouse’s employer-sponsored group health insurance or other
group sponsored health insurance plan shall not be permitted to participate in an employer contribution of
any unspent health insurance credits.
Section 4. All eligible employees who opt out of the City’s group health insurance plan
(medical and prescription drug coverage) for any reason other than those stated in Section 3 above, shall
not be entitled to an employer contribution of unspent credits.
Section 5. All eligible employees and their spouse may receive the maximum wellness
credit that can be earned and that is $2,250 for an employee and $1,000 for a spouse.
Section 6. For all employees who subsequently become eligible for coverage under the
City’s group health insurance plan because of initial employment or a qualifying event (i.e., change in
family status), and is timely enrolled under the Plan or opts out of the Plan, shall be governed under the
same procedures described in Sections 1-4 above, except any benefits shall be applied on a pro-rata basis.
Section 7. Except as provided under the applicable plan document covering any benefit
plan, or HIPAA’s special enrollment rights or the United States Internal Revenue Code, or any other
applicable federal or state law or regulation, or any participant in the City’s group health plan as described
in Section 2 or any employee who has opted out of the plan as described in Sections 3 or 4 above, shall be
precluded from making any changes to pre-tax elections (HSA, FSA, HRA) once the plan year starts
except as otherwise permitted by this Municipal Order.
Section 8. This Order shall be in full force and effect from and after the date of its
adoption.
_____________________________
George Bray, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
\mo\ins policy spending credits 2022
wellness@peelholland.com | O: (270) 804-7649 | F: (866) 734-3250
PRIMARY 3C
CITY OF PADUCAH
WELLNESS PROGRAM
October 1, 2021 - September 30, 2022
WELLNESS IS MORE THAN NUTRITION & EXERCISE
The foundation of this wellness program is based upon education,
preventative care, physical biometrics, a health risk assessment, and
healthy habit development through wellness challenges.
This is YOUR program. Engage in activities that are meaningful
to you so you can achieve wellness with purpose.
HEALTH RISK
ASSESSMENTANNUAL
PHYSICAL
BIOMETRIC
SCREENING
HOW IT WORKS REQUIRED ELEMENTS
This program consists of a combination of an annual
physical with a biometric screening, a health risk
assessment, and several different types of approved
activities to complete. If eligible, you may also
participate in the Healthworks Program if you are
a plan member with a diagnosis of hypertension,
diabetes, and/or hyperlipidemia.
EARN REWARDS!
You’ll be rewarded for your hard work towards
a healthier lifestyle. Track your progress in
WellRight and earn dollars for completing
activities. All activities must be logged in
WellRight for you to earn wellness dollars.
Access WellRight online or by downloading the
WellRight app.
paducahky.wellright.com
INCENTIVE
• Rewarded in 2023 and will be applied toward
your premium or spending / reimbursement
account
• Ranges from $250 - $3,250 depending on your
participation level
• In order to receive ANY incentive, you must
complete the required elements of the
program.
If it is unreasonably difficult due to a medical condition for you to achieve the standards for the reward under this program, contact Peel & Holland and we will work with you to develop another way for you to qualify for the reward.
wellness@peelholland.com | O: (270) 804-7649 | F: (866) 734-3250
PRIMARY 3C
CITY OF PADUCAH
WELLNESS PROGRAM
October 1, 2021 - September 30, 2022
REQUIRED ELEMENTS
COMPLETE BETWEEN 10/1/2021 - 9/30/2022 | EMPLOYEES & SPOUSES ARE ELIGIBLE
ANNUAL PHYSICAL
Your annual physical is covered
100% under your health plan. Annual
physicals are important opportunities
for healthcare professionals to observe
trends and changes that occur with
your physical health over time.
HEALTH RISK ASSESSMENT
An HRA is a brief survey containing questions
about a broad variety of health habits and
risks. The survey is administered via WellRight.
Your individual responses are never shared
with your employer and all data is reported
as an aggregate report. Information at the
group-level is used solely to develop future
programming and benefits.
BIOMETRIC SCREENING
Good health is built upon a foundation of knowledge. One of the most important things you can do for your health
is to “know your numbers.” You will earn incentives for maintaining your levels within the stated ranges, or by
improving your previous levels by 10%. The results from your previous year’s screening will be used as a baseline.
Your individual lab results will never be shared with your employer or anyone representing your employer.
INCENTIVES EMPLOYEE SPOUSE
Completion of Annual Physical + Biometric Screening $250 $200
BMI ≤ 25 or Total Percent Body Fat:
Men ≤ 17% | Women ≤ 24%$200 $100
Blood Pressure ≤ 120/80 $200 $100
Blood Sugar ≤ 106 $200 $100
Total Cholesterol ≤ 200 $200 $100
HDL: Men ≥ 35 | Women ≥ 45 $200 $100
LDL ≤ 100 $200 $100
Triglycerides ≤ 200 $200 $100
TOTAL POSSIBLE BIOMETRIC DOLLARS $1,250*$700*
*NOTE:
• These biometric standards are based off advice and recommendations from Peel & Holland’s medical partner. These are a
guideline. Please consult your doctor to determine the best standards for your health.
• If you complete more than one screening during the year, your most recent submission will be used. You can’t combine parts
of each screening to achieve the best outcome for your incentive.
• Just for completing the screening and physical you earn $250 ($200 for spouses). You can earn $200 per biometric ($100 for
spouses) within range, or if you improve by 5%, up to 5 biometric markers.
• Biometric screening forms can be found under the "Forms" quick link in WellRight, or you may email Peel & Holland
Wellness at wellness@peelholland.
• If you are pregnant or have another medical reason that your biometric screening values should be exempt, please have your
physician fill out a medical exemption form found under the "Forms" quick link and send to Peel & Holland Wellness.
wellness@peelholland.com | O: (270) 804-7649 | F: (866) 734-3250
PRIMARY 3C
CITY OF PADUCAH
WELLNESS PROGRAM
October 1, 2021 - September 30, 2022
If you are a TOBACCO/NICOTINE USER, please complete the Tobacco/ Nicotine User challenge on your
WellRight account.
If you are TOBACCO/NICOTINE FREE, please complete the Tobacco/ Nicotine Free challenge on your
WellRight account. To be considered tobacco/nicotine free, you must meet the tobacco/nicotine free
guidelines:
• You must be tobacco/nicotine free for 6 months prior to becoming insured or open enrollment.
• City of Paducah reserves the right to randomly test, based on evidence of tobacco/nicotine use, or on
challenge by another member.
• If a person is found to have obtained the credit and uses tobacco/nicotine, then they forfeit the credit
and will be charged back.
• Tobacco/Nicotine products include cigarette, cigars, chewing tobacco, nicotine patch, nicotine gum,
nicotine lozenges and electronic cigarettes.
TOBACCO/NICOTINE USER = EARN $0
TOBACCO/NICOTINE FREE = EARN $250
Plan members with a diagnosis of hypertension, diabetes, and/or hyperlipidemia are invited to participate in
the Healthworks program. As part of this program, you will meet with a licensed clinician to determine your
care plan and schedule visits accordingly. You must be enrolled and compliant in your care plan in order to
receive the incentives listed below. Completion of this program has the opportunity to replace as many as 4
approved activities for a max of $500 (employee) or $200 (spouse). You then have the opportunity to complete
2 additional approved activities, outside of the Healthworks program, (each worth $125 for employees and $50
for spouses) to earn the full incentive for a total of 6 approved activities.
Maximum credit for the Healthworks program may be limited by the program enrollment date as well as
completion of the protocol as directed by the clinician. You will receive credit quarterly if you are enrolled
that quarter and are compliant. Credit missed can be made up by completing additional approved activities
to earn the maximum allowed incentive. Your information is confidential and will never be shared with your
employer or anyone representing your employer.
For more information about the program, please visit the “Healthworks” quick link on your WellRight account.
HEALTHWORKS PROGRAM
COMPLETED BY PEEL & HOLLAND AT THE END OF THE YEAR | INVITED PLAN MEMBERS ONLY
INCENTIVES
MUST COMPLETE THE PROGRAM REQUIREMENT TO EARN THE INCENTIVE
EMPLOYEE SPOUSE
Enroll before December 31, 2021 $500 $200
Enroll before March 31, 2022 $375 $150
Enroll before June 30, 2022 $250 $100
Enroll before September 30, 2022 $125 $50
TOBACCO / NICOTINE STATUS
COMPLETE BETWEEN 10/1/2021 - 9/30/2022 | EMPLOYEES ONLY INCENTIVE
wellness@peelholland.com | O: (270) 804-7649 | F: (866) 734-3250
PRIMARY 3C
CITY OF PADUCAH
WELLNESS PROGRAM
October 1, 2021 - September 30, 2022
INCENTIVES
You have a variety of activities to choose from, each activity is designed to educate and
encourage you to make healthy lifestyle choices. Complete up to six approved activities during
the 2021-2022 program in order to receive the incentive. Log in to your online wellness account
to see approved activities available and complete an approved activity challenge.
Other approved activities may be added throughout the program year.
APPROVED ACTIVITIES
COMPLETE UP TO 6 APPROVED ACTIVITIES | EMPLOYEES & SPOUSES ARE ELIGIBLE
CITY APPROVED 5K
WALK/RUN EVENT
STEPS CHALLENGE
MARCH & SEPTEMBER
COMMUNITY ENGAGEMENT
VOLUNTEER, ETC. | UP TO 2
EDUCATION SESSIONS
ONLINE | 1 PER QUARTER
FINANCIAL PROGRAM
COMPLETED ONLINE
PREVENTATIVE EXAMS
VISION, DENTAL, ETC. | UP TO 3
ACTIVITIES COMPLETED EMPLOYEE SPOUSE
1 COMPLETED $125 $50
2 COMPLETED $250 $100
3 COMPLETED $375 $150
4 COMPLETED $500 $200
5 COMPLETED $625 $250
6 COMPLETED $750 $300
wellness@peelholland.com | O: (270) 804-7649 | F: (866) 734-3250
PRIMARY 3C
CITY OF PADUCAH
WELLNESS PROGRAM
October 1, 2021 - September 30, 2022
INCENTIVE WORKSHEET
TOTAL POSSIBLE INCENTIVE EARNED TOWARD 2023 PREMIUM
ANNUAL PHYSICAL + BIOMETRIC SCREENING
BIOMETRIC RESULTS $200 EACH, UP TO 5
NICOTINE STATUS
APPROVED ACTIVITIES
HEALTHWORKS PROGRAM *IF INVITED
EMPLOYEE MAX INCENTIVE: $2,250
COMPLETED: $250 NOT COMPLETED: $0
• BMI ≤ 25
• Blood Pressure ≤ 120/80
• Blood Sugar ≤ 106
• Total Cholesterol ≤ 200
• HDL: Men ≥ 35 | Women ≥ 45
• LDL ≤ 100
• Triglycerides ≤ 200
1 RESULT IN RANGE ($200)
2 RESULTS IN RANGE ($400)
3 RESULTS IN RANGE ($600)
4 RESULTS IN RANGE ($800)
5 RESULTS IN RANGE ($1,000)
NICOTINE USER: $0 NON-NICOTINE USER: $250
1: $125 2: $250 3: $375 4: $500 5: $625 6: $750
ENROLLED BY:12/31/21: $500 3/31/22: $375 6/30/22: $250 9/30/22: $125
ADDITIONAL APPROVED ACTIVITIES:1: $125 2: $250 3: $375 4: $500 5: $625
TOTAL AMOUNT (MAX $750): __________________
TOTAL TOWARD 2023 PREMIUM: ____________________
ANNUAL PHYSICAL + BIOMETRIC SCREENING
BIOMETRIC RESULTS $100 EACH, UP TO 5
APPROVED ACTIVITIES
HEALTHWORKS PROGRAM *IF INVITED
SPOUSE MAX INCENTIVE: $1,000
COMPLETED: $200 NOT COMPLETED: $0
• BMI ≤ 25
• Blood Pressure ≤ 120/80
• Blood Sugar ≤ 106
• Total Cholesterol ≤ 200
• HDL: Men ≥ 35 | Women ≥ 45
• LDL ≤ 100
• Triglycerides ≤ 200
1 RESULT IN RANGE ($100)
2 RESULTS IN RANGE ($200)
3 RESULTS IN RANGE ($300)
4 RESULTS IN RANGE ($400)
5 RESULTS IN RANGE ($500)
1: $50 2: $100 3: $150 4: $200 5: $250 6: $300
ENROLLED BY:12/31/21: $200 3/31/22: $150 6/30/22: $100 9/30/22: $50
ADDITIONAL APPROVED ACTIVITIES:1: $50 2: $100 3: $150 4: $200 5: $250
TOTAL AMOUNT (MAX $300): __________________
TOTAL TOWARD 2023 PREMIUM: ____________________
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Declaration and Sale of Surplus Property-1039 Madison Street - N HUTCHISON
Category: Municipal Order
Staff Work By: Nancy Upchurch
Presentation By: Nicholas Hutchison
Background Information: The City of Paducah acquired this property by Commissioner’s Deed dated June
20, 2017 recorded in Book 1346 Page 418. The expectation at the time of purchase was to eliminate slum and
blight and to sell to a party that would make new investment in the neighborhood. Typically, it is in the best
interest of the City to transfer ownership of underutilized parcels to a responsible citizen, thereby placing the
property back on the tax rolls and eliminating the maintenance and liability costs. This action would declare
the property at 1039 Madison Street surplus and approve the transfer the property to the best evaluated bidder.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: It is recommended to determine that the property is surplus and accept the request
of Millwork Products LLC for $1000. Since no new construction is proposed there would be no reversionary
clause included in this deed.
Attachments:
1.Staff Report 1039 Madison
2.MO prop sale– 1039 Madison Street
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED
AT 1039 MADISON STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF
MILLWORK PRODUCTS, LLC IN THE AMOUNT OF $1,000 FOR PURCHASE OF SAID
REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND
ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to KRS 82.083, a written determination has been made that
the City does not have any use at this time or in the future for property located at 1039 Madison
Street, which constitutes surplus real estate; and
WHEREAS, the City advertised for bids on August 24, 2021, and two bids were
received and opened on August 25, 2021; and
WHEREAS, the City desires to accept the bid of Millwork Products, LLC, who
proposes to landscape, plant trees, mow and maintain the property. It will add to the
enhancement of their ongoing $1.5 million building expansion across the street. Proposed
investment to the property $750.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property
located at 1039 Madison Street to be surplus property as it relates to the operations of the City.
Further, the Board of Commissioners hereby accepts the bid of Millwork Products, LLC, in the
amount of $1,000 for the purchase of real property located at 1039 Madison Street.
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved in
Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the
date of its adoption.
______________________________
Mayor
ATTEST:
_________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
\mo\prop sale– 1039 Madison Street
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Declaration and Sale of Surplus Property-1011 Broadway - N HUTCHISON
Category: Municipal Order
Staff Work By: Nancy Upchurch
Presentation By: Nicholas Hutchison
Background Information: The City of Paducah acquired this property by deed recorded May 12, 2005 in
Book 1065 Page 77. The City did not have any specific plans for the property at the time the property was
acquired. It was the hope that we could find someone that would build on the lot. Typically, it is in the best
interest of the City to transfer ownership of underutilized parcels to a responsible citizen, thereby placing the
property back on the tax rolls and eliminating the maintenance and liability costs.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: It is recommended to determine that the property is surplus and accept the offer
from Tryton Properties. Since construction of a parking lot and the renovation of two adjacent units is
proposed it is staff’s recommendation to include the standard reversionary clause in the deed. If the property is
not developed within 24 months it would revert back to the City.
Attachments:
1.1011 Broadway
2.prop sale– 1011 Broadway
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1011
BROADWAY TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF TRYTON PROPERTIES
IN THE AMOUNT OF $500 FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING
THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to KRS 82.083, a written determination has been made that the
City does not have any use at this time or in the future for property located at 1011 Broadway, which
constitutes surplus real estate; and
WHEREAS, the City advertised for bids on August 24, 2021, and two bids were received
and opened on August 25, 2021; and
WHEREAS, the City desires to accept the bid of Tryton Properties, who proposes an
investment of $50,000 to convert the property to a parking lot for the existing two buildings they
currently own, which they plan to convert into retail space.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property located at
1011 Broadway to be surplus property as it relates to the operations of the City. Further, the Board of
Commissioners hereby accepts the bid of Tryton Properties in the amount of $500 for the purchase of real
property located at 1011 Broadway.
SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary
documents relating to same to complete the sale of the real property approved in Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the date of its
adoption.
______________________________
Mayor
ATTEST:
_________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
\mo\prop sale– 1011 Broadway
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Declaration and Sale of Surplus Property-1243 North 13th Street - N HUTCHISON
Category: Municipal Order
Staff Work By: Nancy Upchurch
Presentation By: Nicholas Hutchison
Background Information: The City of Paducah acquired this property by deed recorded January 21, 2014 in
Book 1270 Page 522. The expectation at the time of the purchase was to eliminate slum and blight and to sell
the property to a party that would make new investment in the neighborhood. Typically, it is in the best
interest of the City to transfer ownership of underutilized parcels to a responsible citizen, thereby placing the
property back on the tax rolls and eliminating the maintenance and liability costs.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: It is recommended to determine that the property is surplus and accept the offer
from Jamfert and Letisha Barber. Since new construction is proposed it is staff’s recommendation to include
the standard reversionary clause in the deed. If the property is not developed as proposed within 24 months the
property would revert back to the city.
Attachments:
1.Staff Report 1243 N 13th
2.prop sale– 1243 North 13th Street
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1243
NORTH 13TH STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF JAMFERT AND
LETISHA BARBER IN THE AMOUNT OF $400 FOR PURCHASE OF SAID REAL PROPERTY
AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS
RELATED TO SAME
WHEREAS, KRS 82.083, a written determination has been made that the City does not
have any use at this time or in the future for property located at 1243 North 13th Street, which constitutes
surplus real estate; and
WHEREAS, the City advertised for bids on August 24, 2021, and only one bid was
received and opened on August 25, 2021; and
WHEREAS, the City desires to accept the bid of Jamfert and Letisha Barber, who
propose an investment of $12,000 to use the lot to extend their lot for parking, green space and a play area
for their children.
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property located at
1243 North 13th Street to be surplus property as it relates to the operations of the City. Further, the Board
of Commissioners hereby accepts the bid of Jamfert and Letisha Barber in the amount of $400 for the
purchase of real property located at 1243 North 13th Street.
SECTION 2. The Mayor is hereby authorized to execute a deed and any necessary
documents relating to same to complete the sale of the real property approved in Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the date of its
adoption.
______________________________
Mayor
ATTEST:
_________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
\mo\prop sale– 1243 North 13th Street
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Authorize the City Manager to enter into Contract Negotiations for the Architectural Design for
the Robert Cherry Civic Center Rennovation Project - D JORDAN
Category: Municipal Order
Staff Work By: Daron Jordan, Lindsay Parish
Presentation By: Daron Jordan
Background Information: The City of Paducah completed a feasibility study for the modification of the
existing 9,300 square foot Robert Cherry Civic Center located at 2701 Park Avenue into a mix-use space for
administrative offices (2,250 square feet) and a community assembly space (7,050 square feet) in July of 2021.
On August 11, 2021, the City of Paducah issued a Request for Proposals for the Architectural Design and
Construction Administrative Services Renovation of the Robert Cherry Civic Center. Two (2) proposals were
received by the City of Paducah and opened on September 8, 2021.
This Municipal Order authorizes the City Manager to enter into contract negotiations on behalf of the City in
order to finalize a contract for the Architectural Design and Construction Administrative Services Renovation
of the Robert Cherry Civic Center.
A final contract award will be brought back to the City Commission for approval.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Develop a Plan for Fire Station #4 and Parks & Recreation
Building
City Facilities
Communications Plan: N/A
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approve a Municipal Order authorizing the City Manager to enter into contract
negotiations for Architectural Design for the Robert Cherry Civic Center.
Attachments:
1.Robert Cherry Civic Center Architectural Design – Contract Negotiations
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT NEGOTIATIONS ON BEHALF OF THE CITY OF PADUCAH FOR THE
ARCHITECTURAL DESIGN AND CONSTRUCTION ADMINISTRATIVE SERVICES
RENNOVATION OF THE ROBERT CHERRY CIVIC CENTER
WHEREAS, the City of Paducah completed a feasibility study for the
modification of the existing 9,300 square foot Robert Cherry Civic Center located at 2701 Park
Avenue into a mix-use space for administrative offices (2,250 square feet) and a community
assembly space (7,050 square feet) in July of 2021; and
WHEREAS, on August 11, 2021, the City of Paducah issued a Request for
Proposals for the Architectural Design and Construction Administrative Services Renovation of
the Robert Cherry Civic Center; and
WHEREAS, two (2) proposals were received by the City of Paducah and opened
on September 8, 2021; and
WHEREAS, the City of Paducah now wishes for the City Manager to enter into
contract negotiations on behalf of the City in order to finalize a contract for the Architectural
Design and Construction Administrative Services Renovation of the Robert Cherry Civic Center.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the City Manager to
enter into contract negotiations on behalf of the City of Paducah for the Robert Cherry Civic
Center Architectural Design and Construction Administrative Services Renovation Project.
SECTION 2. This order shall be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
mo\Robert Cherry Civic Center Architectural Design – Contract Negotiations
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approval to Request Pump Station #2 Clean Water State Revolving Fund (CWSRF) Loan
Assistance Agreement Increase in the Amount of $750,000.00 - R MURPHY
Category: Municipal Order
Staff Work By: Rick Murphy, Melanie Townsend, Sheryl Chino
Presentation By: Rick Murphy
Background Information: Summary:
Request for an Increase in the City’s CWSRF Loan amount from $4,610,667.00 to $5,360,667.00 for
unforeseen engineering and construction costs related to the Pump Station #2 Rehabilitation Project.
Background Information:
Original Loan Agreement (Municipal Order 2127, dated July 24,2018)
In 1989, KRS Chapter 224A and 200 KAR 17:050 were enacted to begin a new financial program for
construction of wastewater projects. Construction grant program funds were no longer available from the U.S.
Environmental Protection Agency (EPA) for new projects, and financial assistance was still greatly needed for
communities to comply with the Clean Water Act.
The CWSRF, also referred to as Fund A, is a 20 or 30 year loan program for planning, design and construction
of wastewater infrastructure projects, storm water projects and nonpoint source projects.
The city has been awarded a CWSRF Fund A loan through the Kentucky Infrastructure Authority (KIA) for
Floodwall Pump Station #2 project in the amount of $4,610,667 of which $1,300,000 will be forgiven over the
20 year life of the loan. The interest rate is 0.50% plus a 0.20% administrative rate. Improvements
include: replacement of pump plant discharge pipes; rehabilitation of various mechanical components of all
seven pumps and motors; replacement of the sluice gate; and, various appurtenances.
The project funding breakdown is:
CDBG $1,000,000.00
DRA $ 392,000.00
CWSRF $4,610,667.00
Total Project Cost $6,010,667.00
Amendment #1
During the execution of the construction project, several significant and unforeseen issues resulted in increased
costs. These costs included additional design and engineering, replacement of pumps instead of rehabilitation,
default of the original contractor, deficiencies found by the current contractor caused by the previous contractor
and emergency repair of the 48” discharge pipe. These costs have depleted the contingency funds available in
the current funding.
During excavation of the discharge pipes near the pump station, unsuitable and very saturated soil was
uncovered. Due to the amount of material needing to be removed, the levee started to collapse. A temporary
shoring plan was developed and implemented and a concrete slab was installed to stabilize the area. The
contractor then installed pipes, backfilled and capped the levee.
KIA is currently considering requests for additional funding from current loan holders. In order to insure the
successful completion of the Pump Station #2 project, the recommendation is for the City to request an
additional $750,000.00 be added to the City’s loan limit with KIA for a total loan limit of $5,360,667.00. The
money will be available under the original loan terms and the City will repay actual loan funds expended.
If approved, the Loan Increase Agreement would be brought before the Commission for action before
acceptance.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Stormwater-Floodwall
Communications Plan: Coordination with Communications Manager on public information
Funds Available:Account Name: Pump Station #2
Account Number: FW0014
Staff Recommendation: Authorize the Mayor to execute a Loan Increase Request for the Pump Station #2
Clean Water State Revolving Fund (CWSRF) Loan Assistance Agreement in the amount of $750,000.00. The
approval of the request will result in an increase in the City’s CWSRF Loan amount authorization from
$4,610,667.00 to $5,360,667.00.
Attachments:
1.KIA Clean Water State Revolving Fund Loan Pump Station 2 Amendment #1
2.Loan Increase Request - All Funds
MUNICIPAL ORDER NO. _____
A MUNICIPAL ORDER APPROVING AND AUTHORIZING A LOAN
INCREASE REQUEST FOR THE PUMP STATION #2 CLEAN WATER STATE
REVOLVING FUND LOAN IN THE AMOUNT OF $750,000 AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
WHEREAS, the City Commission of the City of Paducah, Kentucky, has
previously determined that it is in the public interest to acquire and construct certain
facilities and improvements to the City’s Wastewater System (the “Project”); and
WHEREAS, the Governmental Agency has made application to the
Kentucky Infrastructure Authority (the “Authority”) for the purpose of providing monies
to construct the Project; and
WHEREAS, Municipal Order 2127 was approved on July 24, 2018, by the
Board of Commissioners to obtaining financing through the Authority in the amount of
$4,610,667; and
WHEREAS, additional funding is now being sought for the purpose of
providing for unforeseen engineering and construction cost related to the Pump Station
#2 Rehabilitation Project; and
WHEREAS, the Authority is currently considering requests for additional
funding from current loan holders; and
WHEREAS, the City desires to add an additional $750,000.00 to the loan
limit for a total loan limit of $5,360,667.00 under the original loan terms; and
WHEREAS, if approved, the Loan Increase Agreement would be brought
before the Commission for action before acceptance.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the Governing Authority hereby approves and
authorizes a Loan Increase Request to the Kentucky Infrastructure Authority for Pump
Station #2 Clean Water State Revolving Fund Loan in the amount of $750,000.
SECTION 2. That the Mayor is hereby authorized, directed and
empowered to execute all documents necessary to apply for the Loan Increase, as
authorized in Section 1, above.
SECTION 3. That this order shall be in full force and effect from and
after the date of its adoption.
__________________________________
George Bray, Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners , September 28, 2021
Recorded by Lindsay Parish, City Clerk, September 28, 2021
MO\KIA Clean Water State Revolving Fund Loan Pump Station 2 – Amendment #2
Certificate
I, the undersigned, hereby certify that I am the duly qualified and acting City
Clerk of the City of Paducah, Kentucky; that the foregoing is a full, true and correct copy
of a Municipal Order adopted by the City Commission of said City at a meeting duly held
on September 28, 2021; that said official action appears as a matter of public record in
the official records or journal of the governing authority; that said meeting was held in
accordance with all applicable requirements of Kentucky law, including KRS 61.810,
61.815, 61.820 and 61.823; that a quorum was present at said meeting; that said official
action has not been modified, amended, revoked or repealed and is now in full force and
effect.
IN TESTIMONY WHEREOF, witness my signature this ______ day of
______________, 2021.
____________________________
Lindsay Parish, City Clerk
LOAN INCREASE REQUEST
Requests are reviewed and approved case-by-case, based on project scope and funding availability. All loan
increases greater than 10% of the existing loan amount are subject to board re-approval. This form should only be
used for projects that have a current and active loan with the Kentucky Infrastructure Authority. KIA will notify
borrowers within 30 days of receipt of this request.
1. LEGAL APPLICANT:_____________________________________________________________
2. CONTACT:_______________________PHONE:___________EMAIL:______________________
3. PROJECT TITLE:________________________________________________________________
4. EXISTING LOAN NUMBER: WRIS NUMBER: SX/WX____________________
5. CURRENT LOAN AMOUNT: $__________________
6. REQUESTED INCREASE: $__________________
__________________ Total
7. REASON FOR LOAN INCREASE:
Increase is needed to fund additional work.
No additional work, bids came in higher than budgeted.
No additional work, KIA funds will replace an alternate funding source.
Other
EXPLAIN:
8. REVISED BID SCHEDULE
Bid Advertisement ___________________
Bid Opening ___________________
Contract Award ___________________
Construction Start ___________________
Construction End ___________________
To the best of my knowledge and belief, data contained in this increase request are true and correct; the
document has been duly authorized by the legal applicant.
Typed Name and Title Signature of Legal Applicant
Date
SRF Project Cost Summary
Project Title: WRIS#:
Project Budget: Estimated As Bid Revised
enter date enter date enter date
Cost Classification
SRF
KIA Loan
Funding
Source 1
Funding
Source 2
Funding
Source 3
Funding
Source 4
Funding
Source 5
Local
Funds
Unfunded
Costs Total
1 Administrative Expenses
2 Legal Expenses
3 Land, Appraisals, Easements
4 Relocation Expenses & Payments
5 Planning
6 Engineering Fees – Design
7 Engineering Fees – Construction
8 Engineering Fees – Inspection
9 Engineering Fees – Other
10 Construction
11 Equipment
12 Miscellaneous
13 Contingencies
Total
Funding Sources Amount
Date
Committed
Cost Categories
Funding
Source Total Cost
Treatment (DW)
1 Transmission and Distribution (DW)
2 Source (DW)
3 Storage (DW)
4 WWTP Secondary Portion (CW)
5 WWTP Advanced Portion (CW)
Total Inflow and Infiltration Correction (CW)
Major Sewer Rehabilitation (CW)
Local Funding Sources Amount
Date
Committed Collector Sewers (CW)
Combined Sewer Overflow Correction (CW)
1 Interceptor Sewers Including Pump Station (CW)
2 Purchase of Systems (DW and CW)
3 Restructuring (DW and CW)
Total Land Acquisition (DW and CW)
Total
Funding
Total Costs
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering &
Testing for the Buckner Lane Bridge Replacement Project in the amount of $74,345.00 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Rick Murphy
Presentation By: Rick Murphy
Background Information: Summary: Expansion of project scope to include additional stormwater
mitigation using American Rescue Plan Act (ARPA) funding in conjunction with FEMA public assistance
funding to expand the Buckner Lane Bridge Replacement project. BFW has proposed the following additional
fee schedule:
Modify Plans to Extend Project $ 16,685.00
Update Field Survey $ 4,140.00
Utility Design & Coordination $ 15,000.00
Coordinate Design & Meetings with
Strand
$ 3,000.00
Update Engineer's Estimate $ 3,520.00
Revise Stream Permit $ 8,500.00
Construction Engineering Inspection &
Testing
$ 23,500.00
Total Estimated Not To Exceed Fee
Increase
$ 74,345.00
Background: On April 26, 2018, a major disaster declaration, FEMA-4361-DR-KY, was signed by the
President for the 2018 Flooding and Severe Weather Events occurring from February 21, 2018 through March
21, 2018. As a result, the City of Paducah applied for and received Disaster Relief Funding for the restoration
of the Buckner Lane Bridge under Event 4361DR-KY. The Federal Emergency Management Agency (FEMA)
has estimated $438,775.00 total project cost with 75% Federal Share and 25% Non-Federal Share. FEMA has
obligated $329,081.00 in Federal funds for the Buckner Bridge Project. The Non-Federal Share of $109,693.00
is split between State ($52,652.00) and Local ($57,041.00) cost shares.
On March 24, 2020 , Ordinance 2020-03-8626 was approved by the Paducah Board of Commissioners
authorizing a professional services contract with BFW Engineering & Testing in the amount of $154,036.00.
On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was
notified of $6,439,016 of available funding. On July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation
projects.
The City Engineering Department requested Strand & Associates to identify projects from the City of Paducah
Comprehensive Stormwater Master Plan (CSMP). The Buckner Lane Bridge Replacement project was
identified and presented to the Commission at the July 13, 2021 meeting.
BFW Engineering has submitted a Not To Exceed fee proposal in the amount of $74,345.00 for additional
scope of work to provide additional professional services.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Stormwater Mitigation
Communications Plan: Coordinate with affected property owners for right-of-way and
easements
Work with Communications Manager for press releases, social media posts, and other
communications
Coordinate with citizens and contractor during construction
Funds Available:Account Name: Buckner Lane Bridge
Account Number: PF0078
Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #1
and any associated documents. Authorization increases BFW's contract by $74,345.00. The approval of the
contract amendment will increase the total contract amount from $154,036.00 to a Not to Exceed fee of
$228,381.00.
Attachments:
1.CHGORD1- BFW Engineering – Buckner Lane Bridge Project
2.BUCKNER LANE CONTRACT MODIFICATION_8-26-21
ORDINANCE NO. 2021-_____-________
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE CONTRACT MODIFICATION NO. 1 WITH BFW ENGINEERING & TESTING,
INC. TO INCREASE THE CONTRACT BY $74,345 FOR THE BUCKNER LANE BRIDGE
REPLACEMENT OVER CROOKED CREEK
WHEREAS, on March 31, 2020, the City approved Ordinance 2020-03-8626,
authorizing a professional services contract with BFW Engineering & Testing, Inc, for $154,036
for the Buckner Lane Bridge Replacement Over Crooked Creek; and
WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) funding
was signed into law which afforded funding in an amount of $6,439,016 to the City of Paducah;
and
WHEREAS, on July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4,000,000 of ARPA funding toward specific
stormwater mitigation projects; and
WHEREAS, the City Engineering Department requested Strand & Associates to
identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP) for
which said ARPA funding may be used; and
WHEREAS, the Buckner Lane Bridge Replacement project was identified and
presented to the Commission at the July 13, 2021 meeting; and
WHEREAS, BFW Engineering has submitted a Not To Exceed fee proposal in
the amount of $74,345.00 for additional scope of work to provide additional professional
services; and
WHEREAS, Contract Modification No. 1 is required for an increase in the
amount of $74,345 adjusting the total construction project from $154,036 to $228,381.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Contract Modification
No. 1 with BFW Engineering & Testing, Inc., for an increase in the amount of $74,345 and a
new total contract cost of $228,381.
SECTION 2. This expenditure shall be charged to the Buckner Lane Bridge
Project Account PF0078.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
_______________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners _______________________
Adopted by the Board of Commissioners, _________________________
Recorded by Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, _________________________________
\ord\eng\CHGORD1- BFW Engineering – Buckner Lane Bridge Project
August 26, 2021
Mr. Rick Murphy City Engineer
300 S. 5th St.
PO Box 2267
Paducah, KY 42002-2267
RE: REVISED SCOPE OF WORK & ENGINEERING FEE to update the Field Survey, Modify the Roadway Design Plans,
and revise & resubmit the Crooked Creek Stream Permit for the Buckner Lane Project. Also, to provide
Construction Inspection for the project.
Dear Mr. Murphy:
Bacon Farmer Workman Engineering & Testing, Inc. appreciates the opportunity to present this revised Scope of
Work and Engineering Fee for the project.
BFW PROPOSED FEE – (The work will be performed at our standard hourly rates).
Modify Plans to Extend Project to the North (Pecan Dr) & South (Hanson Rd) $16,685
Update Field Survey $ 4,140
Utility Design & Coordination $ 15,000
Coordinate Design & Meetings with Strand Assoc. $3,000
Update Estimate $3,520
Revise Stream Permit (Change Permit from Nationwide to Individual) $8,500
Construction Engineering Inspection & Testing $23,500
➢ Pile Driving Observations
➢ Rebar Inspections
➢ Water Line Verification
➢ Bridge Foundation, Wing Wall, & Culvert Inspections
BFW Total Estimated Fee Increase $74,345
SERVICES NOT INCLUDED IN BFW’s SCOPE OF WORK
RW & Easement Negotiations (TBD)
We appreciate this opportunity and look forward to working with you and your staff on this project.
Sincerely,
Bacon Farmer Workman Engineering &Testing, Inc.
Mike McGregor PE, Project Manager
If you agree with this Scope of Work and Proposed Fee, please sign on the lines provided below and return to our
office.
Authorization to Proceed:
Proposal Date – August 9, 2021
Mr. Rick Murphy, City Engineer & Public Works Director
300 S. 5th St.
PO Box 2267
Paducah, KY 42002-2267
____________________________________ __________________
Signature Date
____________________________________
Name (Printed)
____________________________________
Title
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering &
Testing for the S. 24th Street-S 25th Street Improvement Project in the amount of $106,500.00 - R MURHPY
Category: Ordinance
Staff Work By: Melanie Townsend, Rick Murphy
Presentation By: Rick Murphy
Background Information: Summary: Expansion of scope of project to include additional stormwater
mitigation using American Rescue Plan Act (ARPA) funding with Governor's Discretionary funding to expand
the S. 24th Street- S 25th Street Improvement project. BFW Engineering & Testing has proposed the following
schedule of additional fees:
BFW Engineering & Testing
Add'l Field Survey & Utility Location along Barnett St $ 6,000.0
0
Add'l Field Survey for Stormwater Drainage Basin $ 13,000.0
0
Process Field Survey Data $ 2,500.0
0
As-Built Survey to Certify Basin Construction $ 10,000.0
0
Permitting $ 6,000.0
0
Wetland Delineation $ 5,500.0
0
Threatened & Endangered Species Review $ 2,000.0
0
8 Geotechnical Borings $ 6,000.0
0
Plan Development Coordination with Strand $ 7,500.0
0
BFW Total Estimated Not To Exceed Fee Increase $ 58,500.0
0
Strand & Associates
Review BFW’s Stormwater Drainage Basin Survey $ 2,200.
00
Review Geotech Findings $ 1,800.
00
Update XPSWMM Model with Survey Information $ 9,600.
00
Stormwater Drainage Basin Design Drawings $ 27,000.
00
Assist BFW with OPCC for Basin Components $ 1,900.
00
Assist BFW with specifications related to Basin
Components
$ 2,100.
00
Attend three virtual meetings $ 3,400.
00
Strand Total Estimated Not To Exceed Fee Increase $ 48,000.0
0
Background: On November 24, 2020 , Ordinance 2020-11-8661 was approved by the Paducah Board of
Commissioners authorizing a professional services contract with BFW Engineering & Testing in the amount of
$159,775.00.
On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was
notified of $6,439,016.00 of available funding. On July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation
projects.
The City Engineering Department requested Strand & Associates to identify projects from the City of Paducah
Comprehensive Stormwater Master Plan (CSMP). The S. 24th Street-S. 25th Street Improvement project was
identified and presented at the July 13, 2021 Commission meeting.
BFW Engineering has submitted a Not To Exceed fee proposal modification in the amount of $106,500.00 for
additional scope of design to provide additional professional services. This additional scope includes fees of
$58,500.00 for BFW Engineering and $48,000.00 additional for Strand & Associates as a subcontractor to
BFW Engineering.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Stormwater Mitigation
Communications Plan: Coordinate with affected property owners for right-of-way and
easements
Work with Communications Manager for press releases, social media posts, and other
communications
Coordinate with contractor during road closures
Funds Available:Account Name: S. 25th Improvement Project
Account Number: ST0040
Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #1
and any associated documents. Authorization increases BFW's contract by $106,500.00. The approval of the
contract amendment will increase the total contract amount from $159,775.00 to a Not To Exceed fee of
$266,275.00.
Attachments:
1.CHGORD1- BFW Engineering - 24th Street - S 25th Street Improvement
2.24th 25th ST. Contract Modification_8-26-21
ORDINANCE NO. 2021-_____-________
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE CONTRACT MODIFICATION NO. 1 WITH BFW ENGINEERING & TESTING,
INC. TO INCREASE THE CONTRACT BY $106,500 FOR THE SOUTH 24TH STREET AND
SOUTH 25TH STREET IMPROVEMENT PROJECT
WHEREAS, on November 24, 2020, the City approved Ordinance 2020-11-8661,
authorizing a professional services contract with BFW Engineering & Testing, Inc, for $159,775
for the South 24th Street & South 25th Street Improvement Project; and
WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) funding
was signed into law which afforded funding in an amount of $6,439,016 to the City of Paducah;
and
WHEREAS, on July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4,000,000 of ARPA funding toward specific
stormwater mitigation projects; and
WHEREAS, the City Engineering Department requested Strand & Associates to
identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP) for
which said ARPA funding may be used; and
WHEREAS, the South 24th Street and South 25th Street Improvement Project was
identified and presented to the Commission at the July 13, 2021 meeting; and
WHEREAS, BFW Engineering has submitted a Not To Exceed fee proposal in
the amount of $106,500 for additional scope of work to provide additional professional services;
and
WHEREAS, Contract Modification No. 1 is required for an increase in the
amount of $106,500 adjusting the total construction project from $159,775 to $266,275.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Contract Modification
No. 1 with BFW Engineering & Testing, Inc., for the South 24th and South 25th Street
Improvement Project for an increase in the amount of $106,500 and a new total contract cost of
$266,275.
SECTION 2. This expenditure shall be charged to the S. 25th Improvement
Project Account ST0040.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
_______________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners _______________________
Adopted by the Board of Commissioners, _________________________
Recorded by Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, _________________________________
\ord\eng\CHGORD1- BFW Engineering – 24th Street – S 25th Street Improvement
August 26, 2021
Mr. Rick Murphy City Engineer
300 S. 5th St.
PO Box 2267
Paducah, KY 42002-2267
RE: REVISED SCOPE OF WORK & ENGINEERING FEE for the additional Field Survey, Roadway Design Plans, &
Geotechnical for the 24th & 25th Street Improvement Project.
Dear Mr. Murphy:
Bacon Farmer Workman Engineering & Testing, Inc. appreciates the opportunity to present this Revised Scope of
Work to provide the engineering services for the referenced above.
The SCOPE OF WORK that will be performed by BFW Engineering:
BFW FIELD SURVEY
a) Extend the field survey down Barnett Steet to S. 26 Street. Collect topo and identify existing OH and
underground utilities.
b) Perform topographic and property boundary survey for 4+/- acre drainage basin including portions of
Cross Creek.
c) Certify through an “As Built” survey that the drainage basin was constructed according to the design
plans.
d) Stake 8 geotechnical boring holes within the new stormwater drainage basin.
BFW FINAL DESIGN PLANS
a) Coordinate and incorporate Strand Associates proposed stormwater drainage basin plans and quantities
into the final roadway plan set and bid document.
BFW GEOTECHNICAL SERVICES
a) Provide 8 geotechnical boring holes within the proposed S. 24th St. stormwater drainage basin.
b) Analyze & provide geotechnical recommendations for the material samples taken from the 8 borings.
c) Convey geotechnical test result recommendations to Strand Associates.
BFW PROPOSED FEE – (The work will be performed at our standard hourly rates).
Additional Field Survey & Utility location along Barnett Street $6,000
Additional Field Survey for Stormwater Drainage Basin $13,000
Process Field Survey Data $2,500
As-Built Survey to Certify Basin Construction $10,000
Permitting (Flood Plain and/or Individual) $6,000
Wetland Delineation $5,500
Threatened & Endangered Species Review $2,000
8 Geotechnical Borings & Analysis $6,000
Plan Development Coordination with Strand Associates $7,500
BFW Total Estimated Fee $58,500
SERVICES NOT INCLUDED IN BFW’s SCOPE OF WORK
Utility Relocation Plans (TBD)
R/W & Easement Negotiations (TBD)
Construction Engineering Inspection & Testing (TBD)
STRAND SCOPE OF WORK
COORDINATE WITH BFW
a) Review the topographic and property boundary survey within the anticipated limits of the bankfull
detention project site.
b) Coordinate with geotechnical engineer and review their findings
HYDRRAULIC MODEL
a) Update the previously developed Cross Creek XPSWMM model with survey information provided by
BFW.
b) Estimate the peak flow rate and depth of flow within Cross Creek at the project site for up to five
rainfall events, including the three-month, six-month, two-year, five-year and ten-year two-hour event.
c) Evaluate the depth of flow within Cross Creek that may begin routing stormwater flow into the bankfull
detention area.
DESIGN DRAWINGS
a) Prepare and submit design drawings for the bankfull detention area.
b) Prepare design details for reinforced bank weir wall, concrete swale, and outlet structure with
backflow preventer.
c) Coordinate with BFW on incoming storm sewer inverts (designed by BFW) to include, as appropriate,
into the grading plan.
d) Submitted plans for review at the 50 percent and 90 percent design levels.
e) Review and assist BFW with an opinion of probable construction cost (OPCC) for items related to the
bankfull detention project area.
f) Review and assist BFW on specifications as appropriate for sections related to the bankfull detention
project area.
PROJECT MEETINGS
a) Attend up to three (3) virtual meetings with BFW and the City including a kick-off meeting, 50 percent
and 90 percent design review meetings.
It is anticipated that BFW or the City will prepare the Bidding Documents and bid the project.
STRAND PROPOSED FEE
Review BFW’s Stormwater Drainage Basin Survey $ 2,200
Review Geotech Findings $ 1,800
Update XPSWMM Model with Survey Information $ 9,600
Stormwater Drainage Basin Design Drawings $27,000
Assist BFW with OPCC for Basin Components $ 1,900
Assist BFW with specification sections related to Basin Components $ 2,100
Attend three virtual meetings $ 3,400
Strand Total Estimated Fee $48,000
The following services are not included in the above scope of work:
• Permitting related activities
• Site visits or in-person meetings
• Bidding or construction related services
• Land and easement surveys/procurement
Total Requested Fee Increase: $106,500
We appreciate this opportunity and look forward to working with you and your staff on this project.
Sincerely,
Bacon Farmer Workman Engineering &Testing, Inc.
Mike McGregor PE, Project Manager
If you agree with this Scope of Work and Proposed Fee, please sign on the lines provided below and return to
our office.
Authorization to Proceed:
Proposal Date – August 26, 2021
Mr. Rick Murphy, City Engineer
300 S. 5th St.
PO Box 2267
Paducah, KY 42002-2267
____________________________________ __________________
Signature Date
____________________________________
Name (Printed)
____________________________________
Title
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering &
Testing, Inc. for the BUILD Grant Environmental Assessment Project in the amount of $24,500.00 - R
MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Rick Murphy
Presentation By: Susannah Campbell, BFW Engineering
Background Information: Summary: Expansion of project scope to include additional professional services
to finalize a Programmatic Agreement (PA) as required by MARAD and other regulatory agencies. BFW has
proposed the following fee schedule:
Coordination & Review of PA with MARAD $3,500
Coordination Calls/Meetings with Regulatory
Agencies
$7,000
Revision of Environmental Assessment based on PA $8,000
Coordinate Final Determination $6,000
Total Estimated Not To Exceed Fee Increase $24,500
Background: On April 14, 2020, the City of Paducah approved Ordinance 2020-04-8632, authorizing a
professional services contract with BFW Engineering & Testing, Inc., for $250,000 for environmental services
required for the Paducah Riverfront Improvement Project (BUILD Grant). As part of the environmental
assessment process, Ordinance 2021-04-8686 approved Change Order #1 to increase the project by $12,200,
adjusting the total environmental assessment project from $250,000.00 to $262,200.00. During the
environmental assessment, it was necessary for BFW to engage the services of a third party to provide
mussel surveys along the shoreline as part of the US Fish and Wildlife Services required analysis of the
impacts of the proposed project regarding the environment.
During consultation with the Kentucky State Historic Preservation Office, MARAD, and the Indians Tribes, the
City of Paducah will be required to enter into an unforeseen Programmatic Agreement. BFW Engineering &
Testing will be providing additional consulting services on behalf of the City of Paducah for this unforeseen
requirement to satisfy the Programmatic Agreement requirements. BFW Engineering has submitted a contract
modification in the amount of a Not To Exceed fee of $24,500.00 for the additional professional services
scope.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: Coordinate with Communications Manager
Funds Available:Account Name: BUILD Grant Project
Account Number: DT0050
Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #2
and any associated documents. Authorization increases BFW's contract by $24,500.00. The approval of the
contract modification will increase the total contract amount from $262,200.00 to a Not To Exceed fee of
$286,700.00
Attachments:
1.CHGORD2- BFW Engineering – BUILD Grant Environmental Assessment
2.PaducahRiverfrontInfrastructurePAContractMod-2021-08-17
ORDINANCE NO. 2021-_____-________
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE CONTRACT MODIFICATION NO. 2 WITH BFW ENGINEERING & TESTING,
INC. TO INCREASE THE CONTRACT BY $24,500 FOR THE BUILD ENVIRONMENTAL
ASSESSMENT PROJECT
WHEREAS, on April 14, 2020, the City approved Ordinance 2020-04-8632,
authorizing a professional services contract with BFW Engineering & Testing, Inc, in an amount
of $250,000 for environmental services for the Paducah Riverfront Improvement Project
(BUILD Grant); and
WHEREAS, on April 27, 2021, they City approved Ordinance 2021-04-8686, for
Contract Amendment No. 1 adjusting the total contract to $262,200; and
WHEREAS, during consultation with the Kentucky State Historic Preservation
Office, MARAD, and the Indians Tribes, the City of Paducah will be required to enter into an
unforeseen Programmatic Agreement; and
WHEREAS, BFW Engineering will be providing additional consulting services
on behalf of the City to satisfy the Programmatic Agreement requirements and has submitted a
contract modification in the amount of $24,500; and
WHEREAS, Contract Modification No. 2 is required for an increase in the
amount of $24,500 adjusting the total construction project from $262,200 to $286,700.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Contract Modification
No. 2 with BFW Engineering & Testing, Inc., for the BUILD Environmental Assessment Project
for an increase in the amount of $24,500 and a new total contract cost of $286,700.
SECTION 2. This expenditure shall be charged to the BUILD Grant Project
Account DT0050.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
_______________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners _______________________
Adopted by the Board of Commissioners, _________________________
Recorded by Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, _________________________________
\ord\eng\CHGORD2- BFW Engineering – BUILD Grant Environmental Assessment
August 17,2021
Mr.Rick Murphy City Engineer
300 S.5th St.
PO Box 2267
Paducah,KY 42002 2267
RE:REVISED SCOPE OF WORK FEE to Participate in the finalization and implementation of the Programmatic
Agreement for NHPA section 106,update the Environmental Assessment,Coordinate and Provide Technical
Assistance to the City of Paducah regarding the Programmatic Agreement,and Complete Environmental
Permits related to NHPA section 106.
The original scope did not include a Programmatic Agreement (PA)or support to draft and implement a PA.
The original scope involved examining historic maps/aerial photographs to identify potential locations for
historic archaeological sites that may be present within the project area,coordinate with Office of State
Archaeology to determine the presence of known sites that may be present,perform site assessments to
determine if archaeological sites exist,and prepare technical reports of findings for submittal to Kentucky
Heritage Council.
Dear Mr.Murphy:
Bacon Farmer Workman Engineering &Testing,Inc.appreciates the opportunity to present this revised Scope
of Work and Engineering Fee for the project.
BFW PROPOSED FEE –(The work will be performed at our standard hourly rates).
Coordination Calls and Drafting with MARAD of the Draft Programmatic Agreement (PA)This
involves numerous calls and providing supplement data history with regards to current status of the
project as it relates to which entities will be involved,which entities will be signatories,etc.
$3,500
Coordination Calls /Meetings with Kentucky State Historic Preservation Office (KYSHPO),Kentucky6
Heritage Council (KHC),Native American Nations,Federal Agencies,and City of Paducah to Agree
on PA and determine specific Pre construction Engineering and Design (PED)requirements and
decide how this will relate to the PA.Prepare new letters to Tribes documenting current PA process.
Preparation of documentation to the Advisory Council on Historic Preservation (ACHP)to determine
if they would like to be a participating agency.Revise the PA based on coordinated calls with all
entities and redistribute PA to ensure all parties accept the changes.
$7,000
Revision and Completion of the Environmental Assessment based on PA content $8,000
Coordinate with MARAD,City of Paducah,USACE,and SHPO for PED submittal and Final KYSHPO
Determination
$6,000
TOTAL Contract Modification $24,500
City of Paducah –EA
Contract Modification
SERVICES NOT INCLUDED IN BFW’s SCOPE OF WORK
Mitigation Fees (TBD)
Additional Site Surveys (TBD)
On site Archaeologist Monitoring (TBD)
We appreciate this opportunity and look forward to working with you and your staff on this project.
Sincerely,
Bacon Farmer Workman Engineering &Testing,Inc.
Susannah Campbell
Environmental Manager
If you agree with this Scope of Work and Proposed Fee,please sign on the lines provided below and return to
our office.
Authorization to Proceed:
Mr.Rick Murphy,City Engineer &Public Works Director
300 S.5th St.
PO Box 2267
Paducah,KY 42002 2267
______________________________________________________
Signature Date
____________________________________
Name (Printed)
____________________________________
Title
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approval of Construction Contract for the Riverfront Park Land Mass Scour Project with Wilkins
Construction Co., Inc. in the amount of $495,784.00 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Rick Murphy
Presentation By: Rick Murphy
Background Information: Summary: Approving a construction contract with Wilkins Construction Co.,
Inc. for the repair and mitigation of flood damage to the Paducah Riverfront Land Mass.
Bids Received
Central Paving $ 828,239.00
Wilkins Construction $ 495,784.00
Jim Smith Contracting $ 565,009.00
Bids on the project were opened on August 26, 2021 with Wilkins Construction submitting the lowest
responsive bid at $495,784.00.
Background: On April 24, 2020, a major disaster declaration, FEMA-4540-DR-KY, was signed by the
President for the 2020 Flooding and Severe Weather Events occurring from February 2, 2020 through February
29, 2020. As a result, the City of Paducah applied for and received Disaster Relief Funding for the restoration
of the Riverfront Park Land Mass Scour under Event 4540DR-KY. The Federal Emergency Management
Agency (FEMA) has estimated $532,959.00 total project cost with 75% Federal Share and 25% Non-Federal
Share. FEMA has obligated $399,719.00 in Federal funds for the Riverfront Park Land Mass Scour Project.
The Non-Federal Share of $133,240.00 is split between State ($63,955.00) and Local ($69,285.00) cost shares.
The estimated total project cost is $532,959.00.
Project:RF Park Mitigation
Admin $ 258.00
Design $ 21,917.00 est
Construction $ 495,784.00 bid
Contingency $ 5,000.00 est
C & I $ 10,000.00 est
Est Project Cost: $ 532,959.00
FEMA $ 399,719.00
State Match $ 63,955.00
City Match $ 69,285.00
The City has received a recommendation from BFW Engineering & Testing that the bid from Wilkins
Construction Co., Inc. is the lowest responsive bid and should be accepted as such.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan: Coordinate with the Communications Manager
Funds Available:Account Name: Land Mass Project
Account Number: DT0051
Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to
execute a contract with Wilkins Construction Co., Inc. in the amount of $495,784.00 for the Paducah
Riverfront Land Mass Scour Project.
Attachments:
1.agree- Wilkins Construction Riverfront Park Land Mass Scour
2.City of Paducah Land Mass Scour Project Sample Contract
3.Paducah Sun ad.8.7.21
4.City of Paducah Land Mass Scour Project Addendum #1_08.16.2021
5.City of Paducah Land Mass Scour Project Addendum #2_08.23.2021
6.Central Paving Company_bid packet
7.Wilkins Construction Co. Inc._bid packet
8.Jim Smith Contracting_bid packet
ORDINANCE NO. 2021-_____-________
AN ORDINANCE ACCEPTING THE BID OF WILKINS CONSTRUCTION
CO., INC., IN THE AMOUNT OF $495,784 FOR RIVERFRONT PARK LAND MASS
SCOUR PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Wilkins Construction
Co., Inc., in the amount of $495,784, for the Riverfront Land Mass Scour Project, said bid being
in substantial compliance with bid specifications, and advertisement for bids, as contained in the
bid of Wilkins Construction Co., Inc., of August 26, 2021.
SECTION 2. That the Mayor is hereby authorized to execute a contract Wilkins
Construction Co., Inc., for the Riverfront Land Mass Scour Project, authorized in Section 1
above, according to the specifications, bid proposal and all contract documents heretofore
approved and incorporated in the bid.
SECTION 3. The expenditure shall be charged to the Land Mass Project Account
DT0051.
SECTION 4. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _______________________
Adopted by the Board of Commissioners, ________________________
Recorded by Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, _________________________________
\ord\eng\agree- Wilkins Construction Riverfront Park Land Mass Scour
00500
AGREEMENT
Page 1 of 2
CITY OF PADUCAH, KENTUCKY
ENGINEERING DEPARTMENT
AGREEMENT FOR PADUCAH LAND MASS FLOOD SCOUR PROJECT
THIS AGREEMENT, made this day of , 20__ by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and , 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 PADUCAH LAND MASS FLOOD SCOUR 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 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 One Hundred and Twenty
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 $500.00 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 agrees to pay the Contractor for the performance of the Contract, subject to additions
and deductions provided therein:
() as quoted in the Bid Proposal by the Contractor dated
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 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.
00500
AGREEMENT
Page 2 of 2
ARTICLE 6. GOVERNING LAW
The Parties agree that this Agreement and any legal actions concerning its validity, interpretation
and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further
agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in
McCracken County, Kentucky.
ARTICLE 7. 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.
CONTRACTOR CITY OF PADUCAH, KENTUCKY
BY __________________________ BY ____________________________
TITLE ________________________ George Bray, Mayor
ADDRESS: ADDRESS:
_____________________________ Post Office Box 2267
______________________________ Paducah, Kentucky 42002-2267
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Setting Tax Levies: Ad Valorem Properties FY2022 - J PERKINS
Category: Ordinance
Staff Work By: Jonathan Perkins
Presentation By: Jonathan Perkins
Background Information: Real estate and personal property tax levies for the City’s General Fund and
Paducah Junior College (PJC) are proposed to be set as per the attached ordinance.
The City’s General Fund real estate tax levy is proposed to be $.271 per $100 assessed value (AV). The
proposed FY2022 rate is 61% of what the rate was in FY1995, when the City made a conscious effort to lower
real estate tax rates.
The City’s General Fund personal tax levy is proposed to be $.390 per $100 AV. The proposed FY2022 rate is
23% less than the FY1995 rate.
The City eliminated inventory taxes years ago in order to encourage inventory-rich business growth in
Paducah. The City’s inventory rate was phased out over a four-year period, 1998 through 2002, and fully
eliminated in FY2003. The inventory tax would have netted revenue nearly $801,000 in FY2022, if it were
still in place today.
Staff proposes the City’s tax levy be set at 27.1 cents per $100 AV. The FY2022 compensating rate is 26.1
cents per $100 AV and Kentucky Revised Statutes (KRS) permits a city to adjust the compensating rate upward
by not more than 4%, in this case to 27.1 cents.
From FY2001 to FY2022, the City of Paducah lowered its real estate tax levy by 2.9 cents, while others
increased their tax levy during the same time period. The property tax levy ordinance will be introduced on
September 14, 2021 with the second and final reading on September 28, 2021. Since the City’s proposed tax
levy is more than the ‘compensating rate’ of 26.1 cents per $100 AV, a public hearing is required; a public
hearing is scheduled for September 14, 2021.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Recommend that the Mayor and Commission adopt the proposed 2021-2022 real
estate and personal ad valorem tax levies as proposed.
Attachments:
1.Tax Rate FY2022
K:\City Clerk\CITY CLERK\ORD\FINANCE\Tax Rate FY2022.Docx
ORDINANCE NO. 2021-09-_______
AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON
ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION
FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM
JULY 1, 2021 THROUGH JUNE 30, 2022, WITH THE PURPOSES OF SAID TAXES
HEREUNDER DEFINED.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. There is hereby levied for the period from July 1, 2021, through
June 30, 2022, upon all taxable real property within the City of Paducah, Kentucky, subject to
taxation for municipal purposes, an ad valorem tax of twenty seven and 1/10 cents ($.271) upon
each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157
of the State Constitution, to defray the cost of maintaining and administering the government of
the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and
defined, and the proceeds of said tax levy shall be paid into the General Fund of the City.
SECTION 2. There is hereby levied for the period from July 1, 2021, through
June 30, 2022, upon all taxable personal property including motor vehicles and watercraft,
except for inventory, within the City of Paducah, Kentucky, subject to taxation for municipal
purposes, an ad valorem tax of thirty-nine cents ($0.390) upon each one hundred dollars
($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution,
to defray the cost of maintaining and administering the government of the City of Paducah,
Kentucky, for said period, exclusive of levies hereinafter mentioned and defined, and the
proceeds of said tax levy shall be paid into the General Fund of the City.
SECTION 3. All taxes levied by Section 1 and 2 of this ordinance are necessary
and required in order to provide revenue to meet the requirements of the budget ordinance
adopted by the Board of Commissioners, and the proceeds of such tax levies and all other
revenue of the City not specifically allocated to other purposes shall be deposited into the
General Fund of the City to be expended as provided in the budget ordinance for the period from
July 1, 2021, through June 30, 2022.
SECTION 4. There is hereby further levied an ad valorem tax of one and 6/10
cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all real property
subject to taxation for municipal purposes in said City for the period from July 1, 2021, through
June 30, 2022, for the purpose of aiding, assisting and maintaining Paducah Junior College,
which tax shall be and the same is hereby declared to be a tax for municipal purposes.
SECTION 5. There is hereby further levied an ad valorem tax of one and 6/10
cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all personal
property subject to taxation, except for inventory, for municipal purposes in said City for the
period from July 1, 2021, through June 30, 2022, for the purpose of aiding, assisting and
maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a
tax for municipal purposes.
K:\City Clerk\CITY CLERK\ORD\FINANCE\Tax Rate FY2022.Docx
SECTION 6. There is hereby further levied an ad valorem tax of three and 1/10
cents ($0.031) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles
and watercraft property subject to taxation for municipal purposes in said City for the period
from July 1, 2021, through June 30, 2022, for the purpose of aiding, assisting and maintaining
Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for
municipal purposes.
SECTION 7. The Board of Education of the City of Paducah, Kentucky, pursuant
to the authority vested in it under its charter and under the laws of the Commonwealth of
Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in
said City subject to taxation for school purposes. Pursuant to said resolution, the Board of
Education budgets and levies the following taxes for the period from July 1, 2021, through June
30, 2022, an ad valorem tax of eighty-six and 4/10 cents ($0.864) on each one hundred dollars
($100.00) assessed valuation of all real property subject to taxation for school purposes in the
City of Paducah, Kentucky, for the support and maintenance of the public schools of said City
shall be collected by the City for the Board of Education.
SECTION 8. The Board of Education of the City of Paducah, Kentucky, pursuant
to the authority vested in it under its charter and under the laws of the Commonwealth of
Kentucky has adopted a resolution and budget levying an ad valorem tax on all personal property
in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of
Education budgets and levies the following taxes for the period from July 1, 2021, through June
30, 2022, an ad valorem tax of eighty-six and 4/10 cents ($0.864) on each one hundred dollars
($100.00) assessed valuation of all personal property subject to taxation for school purposes in
the City of Paducah, Kentucky, for the support and maintenance of the public schools of said
City shall be collected by the City for the Board of Education.
SECTION 9. The taxes levied under this ordinance are summarized as follows:
PURPOSE RATE PER $100
GENERAL FUND OF THE CITY:
Real Property $0.271
Personal Property (except inventory) $0.390
Motor Vehicles and watercraft $0.390
SCHOOL PURPOSES:
PADUCAH JUNIOR COLLEGE
Real Estate $0.016
Personal Property (except inventory) $0.016
Motor Vehicles and watercraft $0.031
SECTION 10. The City of Paducah shall collect the following taxes for the
Board of Education:
PADUCAH INDEPENDENT SCHOOL DISTRICT
Real Property $0.864
Personal Property (including inventory) $0.864
K:\City Clerk\CITY CLERK\ORD\FINANCE\Tax Rate FY2022.Docx
SECTION 11. Property taxes levied herein shall be due and payable in the
following manner:
(1) In the case of tax bills which reflect an amount due of less than One
Thousand Dollars ($1,000.00), the payment shall be due on November 1,
2021, and shall be payable without penalty and interest until November
30, 2021.
(2) In the case of all other tax bills, payment shall be in accordance with the
following provisions:
(a) The first half payment shall be due on November 1, 2021, and shall be
payable without penalty and interest until November 30, 2021.
(b) The second half payment shall be due on February 1, 2022, and shall
be payable without penalty and interest until February 28, 2022.
SECTION 12. The provisions of this ordinance are severable. If any provision,
section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such
decision shall not affect or impair the remainder of this ordinance, it being the legislative intent
to ordain and enact each provision, section, paragraph, sentence and part thereof separately and
independent of each other.
SECTION 13. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners September 14, 2021
Adopted by the Board of Commissioners September 28, 2021
Recorded by Lindsay Parish, City Clerk, September __, 2021
Published by The Paducah Sun, September __, 2021
ORD\FINANCE\Tax Rate FY2022
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approve a New Lease Agreement with Seamen's Church Institute of New York and New Jersey -
D JORDAN
Category: Ordinance
Staff Work By: James Arndt, Michelle Smolen, Lindsay Parish
Presentation By: Daron Jordan
Background Information: The City of Paducah currently leases certain real property known as 117 South
First Street, Paducah, KY to Seamen’s Church Institute of New York and New Jersey. The existing lease
agreement will expire on September 30, 2021. The City and Seamen's Church Institute wish to continue their
lease relationship in accordance with the terms and provisions of a new Lease Agreement. The primary term of
the lease agreement begins October 1, 2021 and continues for a period of five (5) years unless terminated by
either party, pursuant to the agreement. The agreement will automatically renew for one (1) successive renewal
terms of five (5) years each. The annual rental fee is $60,123 which will be paid in monthly installments. The
agreement allows for Seamen's Church Institute to sublease a portion of the space. In the event that Seamen's
Church Institute receives rentals from its sublessees in an amount that exceeds their monthly rental payment, all
excess amounts shall be split equally between Lessee and Lessor.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan: N/A
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1.Seamen’s Church Institute Lease Agreement 2021
ORDINANCE NO. 2021 - ________________
AN ORDINANCE AUTHORIZING AND APPROVING A
NEW LEASE AGREEMENT WITH
SEAMEN’S CHURCH INSTITUTE OF NEW YORK AND NEW JERSEY
WHEREAS, the City of Paducah currently leases certain real property known as 117
South First Street, Paducah, KY to Seamen’s Church Institute of New York and New Jersey for
specified annual rental amounts, and
WHEREAS, the existing lease agreement will expire on September 30, 2021, and
WHEREAS, the parties desire to continue their lease relationship in accordance with the
terms and provisions of a new Lease Agreement.
NOW, THEREFORE, BE IT ORDAINED by the City of Paducah, Kentucky, that:
SECTION 1. The City hereby approves the Lease Agreement with Seamen’s Church Institute
of New York and New Jersey in substantially the form attached hereto as Exhibit A and made a
part hereof. It is further determined that it is necessary and desirable and in the best interest of
the City to enter into this Lease Agreement for the purposes therein specified, and the execution
and delivery of this Lease Agreement is hereby authorized and approved. The Mayor is hereby
authorized to execute this Lease Agreement with such changes not inconsistent with this
Ordinance and not substantially adverse to the City as may be approved by the Mayor.
SECTION 2. 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. 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. 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. This Ordinance shall be read on two separate days and will become effective upon
summary publication pursuant to KRS Chapter 424.
__________________________________
MAYOR
ATTEST:
_______________________________
City Clerk
Introduced by the Board of Commissioners, September , 2021.
Adopted by the Board of Commissioners, ________________________________, 2021.
Recorded by City Clerk, _____________________________, 2021.
Published by The Paducah Sun, _______________________, 2021
ORD\Seamen’s Church Institute Lease Agreement 2021
Ordinance prepared by Holly Homra – Denton Law Firm
233496
1
LEASE AGREEMENT
THIS LEASE AGREEMENT, is entered into by and between the CITY OF PADUCAH,
KENTUCKY (“Lessor”) and SEAMAN’S CHURCH INSTITUTE OF NEW YORK AND NEW
JERSEY, INC. (“Lessee”) as of the 1st day of October, 2021. This Agreement shall supersede
and replace all prior lease agreements entered into by and between the parties for the lease of the
subject Premises.
W I T N E S S E T H:
WHEREAS, Lessor is the owner of various buildings located at 129 Water Street
(formerly 117 South First Street); and
WHEREAS, Lessee currently leases portions of said property for the purpose of
operating maritime simulator facility/training school;
WHEREAS, it is now the express intent of the parties hereto to enter into a new lease, the
terms of which will supersede and replace the terms of all prior lease agreements entered into
between the parties;
NOW, THEREFORE, for and in consideration of the terms, covenants, and conditions
herein set forth and contained, Lessor and Lessee contract and agree as follows:
ARTICLE I
PREMISES - USE
1.1 Leased Premises. Lessor hereby leases, demises and lets unto Lessee and Lessee
hereby leases and lets from Lessor the tract of real property, together with all improvements,
generally located between Water Street and Maiden Alley and Broadway Street and Kentucky
Avenue, consisting of approximately 40,042 square feet, as further described on Exhibit A
hereto, all of which is hereinafter referred to as the "Premises". The parties agree that Lessee
shall occupy approximately 20,041 square feet of the Premises, with the remaining portion being
sublet by Lessee in accordance with Article IV.
1.2 Condition of Premises. Lessee has inspected the Premises and has found the same
to be in good condition and repair. Subject to Lessor’s repair and maintenance obligations
hereunder, Lessee shall accept the Premises "AS IS."
1.3 Use of Premises. The Premises shall be occupied and used by the Lessee as a
maritime simulator facility/training school, for such other uses as may further the nonprofit
religious and educational purposes and objectives of the Seamen’s Church Institute, or for any
other lawful use as may be approved by Lessor. Lessee shall have the right to sublease certain
portions of the Premises to the River Heritage Museum d/b/a River Discovery Center and
Paducah Film Society d/b/a Maiden Alley Cinema for use as a museum and a cinema. The
2
Premises shall not be used for any other purpose without the prior written consent of the Lessor,
which consent shall not be unreasonably withheld.
1.4 Compliance with Law. Lessee covenants that any, every, and all uses of the
Premises hereunder shall comply with all applicable federal, state, and local laws. Lessor
covenants that as of the date possession is granted to Lessee, the premises are in full compliance
with all applicable federal, state and local laws and regulations.
1.5 Date of Possession. Lessee shall be entitled to possession of the Premises on the
Commencement Date, as identified below.
1.6 Quiet Enjoyment. Lessor warrants that it has good and marketable title to the
premises in fee simple absolute, unencumbered. It shall be an express condition of Lessee’s
obligation to perform hereunder that, prior to the effective date of this lease either (a) any
mortgage of the premises by Lessor shall be subordinated to Lessee’s interest under this lease by
execution of s subordination agreement in a form satisfactory to Lessee; or (b) the mortgagee
shall have furnished to Lessee a nondisturbance agreement in recordable form reasonably
satisfactory to Lessee.
Lessor covenants that upon Lessee’s timely payment of the rent and performance of the
terms, covenants and conditions to be performed by it hereunder, Lessee shall peaceably and
quietly have, hold and enjoy the premises during the term subject to the terms hereof.
1.7 Local Land Use Law. Lessor warrants that the Lessee’s intended use of the
premises as a maritime simulator facility and training school is a permitted use under applicable
zoning and land use regulations. Lessor shall indemnify Lessee and hold Lessee harmless for
any loss arising from any claim that (a) the intended use of the premises is not permitted under
such regulations, or (b) this lease constitutes a subdivision violation under KRS Chapter 100.
ARTICLE II
LEASE TERM
2.1 Primary Term. The primary term of this Agreement shall commence on October 1,
2021 (“Commencement Date”) and continue for a period of five (5) years, unless otherwise
terminated as provided herein.
2.2 Renewal Terms. Provided Lessee is not in default and this Agreement is otherwise
in full force and effect, this Agreement shall automatically renew upon the terms and conditions
set forth herein for one (1) successive renewal term of (5) years, unless either party shall deliver
to the other party written notice of its intent not to renew at least sixty (60) days prior to the
expiration of the primary term or first renewal term as the case may be.
3
ARTICLE III
RENTALS
3.1 Rentals. Lessee agrees to pay to Lessor as annual rental Three and 00/100 Dollars
($3.00) per square foot of Premises which is actually occupied by Lessee (currently 20,041
square feet), for a total annual rental of $60,123.00. Annual rentals shall be paid in monthly
installments of Five Thousand Ten and 25/100 Dollars ($5,010.25) with the first monthly
installment to be paid on or before the Commencement Date, and with successive monthly
installments to be paid on or before the first day of each month.
ARTICLE IV
SUBLESSEES
4.1 Sublessees. Lessee currently sublets rent-free approximately 10,856 square feet of
the premises to the River Heritage Museum d/b/a River Discovery Center and approximately
5,485 square feet to Paducah Film Society d/b/a Maiden Alley Cinema. In addition to the
subleases with the River Heritage Museum and Maiden Alley Cinema, Lessee may sublet a
portion of the premises to other sublessees. However, in the event that Lessee receives rentals
from its sublessees in an amount that exceeds Lessee’s monthly rental payment as determined
under Section 3.1 ($5,010.25), all excess amounts shall be split equally between Lessee and
Lessor.
Any sublease which is executed by Lessee shall be subject to the review and approval of
Lessor. All sublessees shall agree to abide by the terms and conditions contained herein and to
comply with any and all applicable state, local, and federal law.
ARTICLE V
MAINTENANCE, REPAIRS, AND IMPROVEMENTS
5.1 Maintenance and Repair. Except as otherwise set forth herein, Lessee shall at its
costs keep the Premises in good condition and repair. Additionally, Lessee shall at its cost keep
all improvements constructed upon the Premises in good condition and repair. Lessee shall also
keep the entire leased Premises and improvements clear, orderly, and free of debris and waste
materials. In particular, Lessee shall remove from the Premises and improvements as soon as
reasonably possible all garbage, trash, and any and all other waste materials and by-products
from its business, and shall at all times keep the leased Premises and improvements in a clean
and sanitary condition.
Lessor shall at its cost keep the roof in a good and watertight condition and perform all
necessary maintenance thereto. Lessor shall be responsible for Major Repairs to the HVAC,
sprinkler system, water heaters, and plumbing. Major Repairs are defined as repairs or
replacements of the HVAC system, water heaters, and/or plumbing the cumulative cost of which
in a given year of this lease (from October 1 to September 30) exceeds $7,500.00. Any dispute
regarding a Major Repair which cannot be resolved by the administrative staff of the Lessor and
Lessee will be decided unilaterally by the Paducah City Commission. Lessor shall be responsible
for maintenance and repair of the electrical system from the service transformer to Lessee’s
4
meter. Lessee shall be responsible for all other portions of the electrical system on the premises.
All repairs, replacements, maintenance, and restoration required hereunder shall be
promptly commenced and diligently prosecuted to completion. All repairs and replacements
shall be made in a good and workmanlike manner, and the responsible party shall use materials
at least equal in quality to the replaced materials when new.
5.2 Utilities and Services. Lessee shall be responsible for servicing the Premises and
the improvements constructed thereon with all utilities that Lessee may desire and Lessee shall
be responsible for all monthly charges for the utilities which are provided to the Premises,
including water, gas and electricity. Lessee shall fully indemnify and save Lessor harmless
from and against any and all liability for any such costs or charges. Lessee shall promptly pay
all monthly charges as the same become due.
5.3 Notice and Submission of Plans for Improvements. Lessee may make, or cause to
be made, on the herein leased Premises such improvements as may be necessary or appropriate
in connection with the carrying on and efficient operation of Lessee's business, subject to the
reasonable approval of the Lessor. Prior to the commencement of any construction at or upon
the Premises, Lessee shall first cause Lessor to be given written notice of the nature and extent of
the specific improvements to be undertaken.
5.4 Signs. Lessee shall be entitled to erect, maintain, and install upon the Premises
identification and advertising signs appropriate to its business and use of the premises.
ARTICLE VI
LIEN CLAIMS
6.1 Lien Claims. Lessee hereby covenants to unconditionally indemnify Lessor against
and save them harmless from any and all lien claims of any nature whatsoever arising out of the
use and occupancy of the Premises and the improvements located thereon or in any manner
connected with the construction, installation, erection, maintenance, and/or repair of any
improvements, facilities and/or equipment and fixtures effectuated by Lessee, or its sublessees
on or about the Premises and Lessee further agrees that it shall, in the event of any such liens are
filed to forthwith effect the removal and/or satisfaction thereof. At the request of Lessor, Lessee
shall furnish Lessor with written proof of payment of any item which would or might constitute
the basis for such lien if not paid.
ARTICLE VII
RIGHT TO RESTORE OR REPAIR
7.1 Lessee’s Right to Repair. In the event that Lessor fails to promptly effectuate any
repair or maintenance it has assumed herein within a reasonable time from when such need
arose, or to timely pay and satisfy any cost or expense relating thereto, Lessee may, at its option,
and in addition to any other remedy Lessee may have, effectuate such restoration or repair or
maintenance, or pay and satisfy the costs and expenses, with all costs of such restoration, repair,
maintenance or payments made to be the sole responsibility of Lessor. Upon demand, Lessor
5
shall pay promptly to Lessee all costs incurred for such repair, maintenance or payments made
for same. Any unpaid cost and expense incurred by Lessee shall accrue interest at the legal rate
of eight percent (8%).
7.2 Lessor’s Right to Repair. In the event that Lessee fails to promptly effectuate any
repair or maintenance it has assumed herein within a reasonable time from when such need
arose, or to timely pay and satisfy any cost or expense relating thereto, Lessor may, at its option,
and in addition to any other remedy Lessor may have, effectuate such restoration or repair or
maintenance, or pay and satisfy the costs and expenses, with all costs of such restoration, repair,
maintenance or payments made to be the sole responsibility of Lessee. Upon demand, Lessee
shall pay promptly to Lessor all costs incurred for such repair, maintenance or payments made
for same. Any unpaid cost and expense incurred by Lessor shall accrue interest at the legal rate
of eight percent (8%).
ARTICLE VIII
INSURANCE AND INDEMNIFICATION
8.1 Insurance.
(a.) Lessee shall maintain fire and casualty insurance on the leased Premises and the
improvements located thereon in an amount of not less than the replacement
values of same as reasonably determined by the Lessor, which coverage shall
insure the Lessor as its interest may appear. If Lessee disagrees with the
replacement value as determined by Lessor, Lessee may request that an insurance
appraisal be performed on the leased premises and the improvements. If the
replacement value as determined by the insurance appraisal is equal to or greater
than the replacement value determined by Lessor, then Lessee shall pay the
expense of the appraisal. Otherwise, Lessor shall bear the expense of the
appraisal and Lessee shall be required to maintain fire and casualty insurance in
the amount of the replacement value as determined by the insurance appraisal.
(b.) Lessee also shall maintain comprehensive general liability coverage covering the
leased Premises and improvements located thereon, under which the Lessor will
be held harmless and named as a loss payee, stipulating limits of liability of not
less than One Million Dollars ($1,000,000.00) for an accident affecting any one
person, Two Million Dollars ($2,000,000.00) per aggregate, and not less than Five
Hundred Thousand Dollars ($500,000.00) for property damage. Lessee shall also
provide adequate and sufficient workers' compensation coverage at statutory
limits.
(c.) The coverage to be provided hereunder shall be in such form and amounts as are
acceptable to Lessor and with such insurers as may be satisfactory to the Lessor
and shall name the Lessor and the Lessee as named insureds as their respective
interests may appear. Such policies shall contain a provision whereby they
cannot be canceled except after thirty (30) days' written notice to the Lessor. The
Lessee hereby agrees that, in the event of Lessee's failure to pay any premiums for
6
such insurance, the Lessor may do so and be immediately reimbursed by the
Lessee. Any unpaid cost and expense incurred by Lessor for any premium shall
accrue interest at the legal rate of eight percent (8%).
(d.) Certificates evidencing the herein referenced insurance coverage which Lessee
shall be responsible for shall be furnished to the Lessor upon Lessor’s reasonable
request.
8.2 Indemnification. Lessee hereby releases and discharges Lessor from and shall fully
protect, indemnify and keep and save Lessor harmless from any and all costs, charges, expenses,
penalties and damages imposed for the violation of any law or regulation of the United States, or
the Commonwealth of Kentucky or McCracken County, incurred by any act or omission of
Lessee or Lessee's representatives, assigns, agents, servants, employees, licensees, invitees, and
any other person or persons occupying under Lessee; and Lessee shall further protect, fully
indemnify and save forever harmless Lessor from any and all claims, liability, costs, damage and
expense, incident to injury (including injury resulting in death) of persons or damage to or
destruction of property incident to, arising out of or in any way connected with Lessee's (and the
others as herein referenced) use and occupancy or right of use and occupancy of the Premises,
and the improvements located thereon, whether by omission or commission and irrespective of
exclusive or nonexclusive rights therein, including but not limited to the operation of Lessee's
business, the construction, erection, installation, existence, repair, maintenance, alteration and/or
demolition of any improvements, facilities and/or equipment or the conduct of any other
activities.
Lessor hereby releases and discharges Lessee from and shall fully protect, indemnify and
keep and save Lessee harmless from any and all costs, charges, expenses, penalties and damage
imposed for the violation of any law or regulation of the United States, or the Commonwealth of
Kentucky or McCracken County, or incurred by any act or omission of Lessor or Lessor’s
representatives, assigns, agents, servants, employees, licensees, and invitees; and Lessor shall
further protect, fully indemnify and save forever harmless Lessee from any and all claims,
liability, costs, damage and expense, incident or injury (including injury resulting in death) of
persons or damage to or destruction of property incident to, arising out of or in any way
connected with Lessor’s (and the others’ as herein referenced) obligations undertaken pursuant to
this lease.
ARTICLE IX
TAXES
9.1 Ad Valorem and Personal Property Taxes. Lessor and Lessee anticipate that
because of Lessee’s status and operation as both a religious organization and an educational
institution which the IRS has determined to be tax exempt as a 501(c)(3) corporation, no ad
valorem real estate or personal property taxes shall be owed by Lessee arising from Lessee’s
occupation and use of the leased premises. Lessor covenants that it shall cooperate with Lessee
in any reasonable efforts deemed necessary by Lessee to be recognized by the applicable taxing
authorities as exempt from such ad valorem taxes. In the event taxes are owed and Lessee fails
to pay such taxes, Lessor may do so on Lessee’s behalf and Lessor shall be entitled to
7
reimbursement. Amounts expended by Lessor for such taxes on Lessee’s behalf shall bear
interest at the legal rate of eight percent (8%), except that no interest shall accrue during such
period of time that Lessee may challenge the imposition of any such tax upon it through
available court or administrative proceedings.
9.2 Other Taxes and Assessments. The Lessee shall pay any and all other taxes and
assessments relating to the leased Premises and improvements located thereon and Lessee's
operations thereon.
ARTICLE X
LESSEE'S REPRESENTATIONS AND WARRANTIES
10.1 Corporate Standing. The Lessee is a corporation duly organized and validly
existing and in good standing under the laws of the state of New York and is authorized to do
business in the Commonwealth of Kentucky.
10.2 Authorized Act. The Lessee has the power and authority to enter into and perform
this Lease Agreement and to incur the obligations herein provided, and has taken all action
necessary to authorize the execution, delivery, and performance of this Lease Agreement. This
Agreement when delivered will be valid, binding, and enforceable in accordance with the
respective terms.
10.3 Adverse Proceedings. There is no pending order, notice, claim, litigation,
proceeding or investigation against or affecting the Lessee, whether or not covered by insurance.
10.4 Accurateness of Representations. No representation or warranty by the Lessee
contained herein or in any certificate, financial statement, or other document furnished by it
pursuant hereto contains any untrue statement of material fact or omits to state a material fact
necessary to make such representation or warranty not misleading in light of the circumstances
under which it was made.
ARTICLE XI
HAZARDOUS WASTE
11.1 Hazardous Material Prohibited. Lessee shall not cause or permit any Hazardous
Material to be located or disposed of on, under or at the leased Premises or any part thereof. For
the purpose of this agreement, "Hazardous Material" shall mean any hazardous, toxic or
dangerous waste, substance or material defined as such in, or for purposes of, any Environmental
Law. "Environmental Law" shall mean any federal, state, or local statute, law, ordinance, code,
rule, regulation, order or decree regulating, relating to, or imposing liability or standards of
conduct concerning any Hazardous Material, as now or at any time hereafter in effect.
11.2 Indemnification. Lessee agrees to indemnify and hold Lessor harmless from and
against any and all losses, liabilities, damages, injuries, costs, expenses (including without
limitation reasonable attorney and consultant fees), claims for damage to the environment, claims
for fines or civil penalties, costs of any settlement or judgment, and claims of any and every kind
8
whatsoever, paid, incurred or suffered by Lessor or asserted against Lessor by any person, entity
or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or
under the leased Premises of, or the actual or threatened escape, spillage, discharge, emission, or
release from the leased Premises of, or transportation of, any Hazardous Material or any
noncompliance with any Environmental Law, which such referenced presence, escape, spillage,
discharge, emission, release or transportation first occurs during the Lessee’s occupancy of the
premises under this lease or the prior lease between the parties.
Lessor agrees to indemnify and hold Lessee harmless from and against any and all losses,
liabilities, damages, injuries, costs, expenses (including without limitation reasonable attorney
and consultant fees), claims for damage to the environment, claims for fines or civil penalties,
costs of any settlement or judgment, and claims of any and every kind whatsoever, paid, incurred
or suffered by Lessee or asserted against Lessee by any person, entity or governmental agency
for, with respect to, or as a direct or indirect result of, the presence on or under the leased
premises of, or the actual or threatened escape, spillage, discharge, emission or release from the
leased premises of, or transportation of, any Hazardous Material or any noncompliance with any
Environmental Law, which such referenced presence, escape, spillage, discharge, emission,
release or transportation occurred prior to Lessee’s occupancy of the premises.
ARTICLE XII
TERMINATION
12.1 Termination. Upon the termination of this Agreement, however such termination
may be brought about, whether by expiration of the terms hereof, or by cancellation or otherwise,
Lessee shall quit and surrender said Premises to Lessor in good condition and repair excepting
ordinary wear and tear, and any damages within Lessor’s repair obligation or due to casualty.
It is the express understanding of the parties hereto that upon termination of this
Agreement, Lessee shall remove from the Premises all of Lessee's equipment brought upon or
erected upon the Premises. In the event Lessee shall fail to remove same from the Premises
within a period of ninety (90) days following the date of termination, the Lessor shall have the
following rights: (a) declare the aforesaid property to be abandoned by Lessee, in which event it
is agreed that said property shall be deemed the exclusive property of Lessor; or (b) cause said
property to be removed from the Premises, and all costs and expenses incurred by Lessor by
reason of said removal shall be reimbursed by Lessee immediately upon demand of Lessor.
Reasonable costs or expense incurred by Lessor shall accrue interest at the legal rate of eight
percent (8%).
12.2 Events of Default. The following shall be "events of default" under this
Agreement, and the terms "event of default" or "default" shall mean whenever they are used in
the agreement any one or more of the following events:
(a) The failure or refusal of Lessee to pay or cause to be paid any rental payment
when the same becomes due or the failure or refusal of Lessee to timely pay or
cause to be paid any insurance premiums, taxes, costs of repairs or maintenance,
or any other charges as herein assumed by Lessee, unless such failure to pay rent
9
or other charge as described herein is cured within ten (10) days after written
notice from Lessor is received by Lessee;
(b) Failure by the Lessee to perform any agreement, covenant, condition, obligation
and/or undertaking herein contained or to observe or comply with any of the
terms, provisions and conditions of this Agreement, unless such failure is cured
within thirty (30) days after written notice thereof by Lessor is received by
Lessee, which notice shall sufficiently describe such failure to enable Lessee to
determine an appropriate cure.
(c) Proceedings in bankruptcy by or against Lessee, or for reorganization of Lessee's
debts, or for the readjustment of any of its respective debts, under any other laws,
whether state or federal, for the relief of debtors, now or hereafter existing, be
commenced by it or commenced against it;
(d) The insolvency, assignment for the benefit of creditors, adjudication as a bankrupt
or the appointment of a receiver for substantially all of either Lessee's property
and/or Lessee's interest in this Agreement;
(e) The issuance of execution against either Lessee's interest in this Agreement or any
legal process which by operation of law would cause Lessee's interest in this
Agreement to pass to any persons other than Lessee;
(f) In the event Lessee removes, attempts to remove or permits to be removed from
said Premises, the improvements located thereon, or in the event Lessee otherwise
ceases its business operations on the Premises; and
(g) Any financial statement, representation, warranty, or certificate made or furnished
by Lessee to the Lessor in connection with this Agreement, or as inducement to
the Lessor to enter into this Agreement, or in any separate statement or document
to be delivered hereunder to the Lessor, shall be materially false, incorrect, or
incomplete when made.
Upon termination of this Agreement, either in lapse pursuant to the terms of the same, or
in the event of default as defined herein, after written notice of default sent by Lessor to Lessee
is received by Lessee, and subject to Lessee’s right pursuant to Section 12.1 above to remove
personal property, trade fixtures and equipment from the premises, Lessor may immediately, or
at any time thereafter reenter the Premises without notice or demand, and remove all persons and
things therefrom with or without legal process and without prejudice to any of Lessor's other
legal rights, using such force as may be necessary or proper for the purpose.
Notwithstanding any such reentry, upon default by Lessee or a termination of this
Agreement occasioned by reason thereof, the lease rentals due hereunder for the remainder of the
then current lease term and such other charges and/or obligations if any as may otherwise be
payable under this Agreement shall be and become immediately due and payable, and the
10
liability of the Lessee for the full amount provided herein shall not be extinguished for the
balance of the term of this lease.
12.3 Holding Over. If Lessee shall, with the consent of Lessor, hold over after the
expiration or sooner termination of any term of this lease, the resulting tenancy shall, unless
otherwise mutually agreed, be for an indefinite period of time on a month-to-month basis.
During such month-to-month tenancy, Lessee shall pay to Lessor the rate of rental as agreed
upon, and shall be bound by all of the provisions of this lease agreement. Such holding over
period may be terminated by either party upon thirty (30) days written notice of intent to so
terminate.
12.4 Casualty Damage to Premises. In the event that the Premises and improvements
located thereon shall be totally destroyed by fire or the elements, or from any cause whatsoever,
either party may elect within thirty (30) days after such destruction to terminate this lease, and if
either party shall so elect, by giving to the other a written notice of termination, both parties shall
stand released of and from further liability under the terms hereof. If the Premises and
improvements located thereon shall thereby only suffer partial destruction to any degree, and
Lessee determines in its reasonable discretion that it is able to continue on with its business
operations, Lessee's obligations hereunder shall continue and all terms and provisions of this
Agreement shall be in full force and effect. In the event that by reason of the partial destruction
of the Premises, Lessee must temporarily discontinue its business operations, rental payments
shall be abated during such temporary period, and shall resume when Lessee resumes its
operations.
12.5 Waiver. Waiver by Lessor of any breach or default of this Agreement by Lessee
shall not be deemed a waiver of similar or other breaches or defaults, nor shall the failure of
Lessor to take any action by reason of any such breach or default deprive Lessor of the right to
take action at any time when such breach or default continues. The rights and remedies created
by this Agreement shall be cumulative and nonexclusive of those to which Lessor may be
entitled at law and equity. Right of exercise of all such rights and remedies is hereby reserved
by Lessor. The use and availability of one remedy shall not be taken to exclude or waive the
right to use of another. In order to entitle any party to exercise any remedy reserved by it in this
Agreement, it shall not be necessary to file any notice other than such notice as herein expressly
required.
12.6 Extended Period to Cure. The period of time permitted for Lessee to cure
hereunder shall be extended if the default cannot be cured within the time period allowed herein,
so long as the Lessee is diligently and continuously attempting to cure. The cure periods shall
also be extended for any period of time during which the Lessee is delayed in, or prevented from,
curing due to fire or other casualty, or acts of God, and other causes beyond the Lessee’s
reasonable control. Notwithstanding the foregoing, there shall be no extended period in which
Lessee may cure a monetary default.
11
ARTICLE XIII
CONDEMNATION
13.1 Condemnation. Lessor warrants to Lessee that as of the effective date hereof,
Lessor has no plans to acquire by eminent domain any portion of the premises or Lessee’s
interest in the premises. Lessor further warrants to Lessee that to the best of Lessor’s
knowledge, no other governmental authority possessing the power of eminent domain has plans
or has indicated any interest in acquiring by eminent domain any portion of the premises.
In the event of any governmental condemnation of any part or all of the Premises, should
the portion of the Premises taken in the condemnation in Lessee’s reasonable discretion
substantially and adversely affect Lessee's business thereon, Lessee may, at its option, terminate
this Agreement upon 30 days written notice to Lessor, and thereafter, shall not be further liable
for any subsequent rentals. Should the portion of the Premises taken in the condemnation action
not substantially and adversely affect Lessee's use and occupancy and their business operations,
this Agreement shall continue in full force and effect according to the terms and provisions
herein. Any compensation paid for the condemnation of the Premises shall be deemed the
property of Lessor, except that Lessee shall be entitled to any separate claim available to Lessee
for any taking of Lessee’s personal property, equipment and fixtures belonging to Lessee upon
the expiration of the term of the lease, and for moving expenses. If any part of the premises
shall be taken and this lease shall not be terminated as provided above, the rent shall be
proportionately abated and Lessor shall restore the remaining portion of the premises to
substantially its former condition.
ARTICLE XIV
MISCELLANEOUS
14.1 Notices. All notices to be sent hereunder shall be sent to the following addresses:
LESSOR: LESSEE:
Attn: City Manager Attn: Executive Director
City of Paducah Seamen's Church Institute of
P.O. Box 2267 New York and New Jersey
Paducah, KY 42002-2267 241 Water Street
New York, NY 10038
14.2 Inspection of the Premises. Lessor, or its appointed employees or agents, shall
have the right to come upon the Premises upon reasonable notice and at reasonable times to
examine and inspect the Premises for purposes of insuring Lessee's compliance with the terms
and provisions of this Agreement.
14.3 Compliance with Laws. The Lessee shall at all times fully and promptly comply
with all laws, ordinances and regulations and every lawful authority having jurisdiction of the
Premises, and as such shall relate to the cleanliness and use of the Premises in the character and
manner or operation of the business conducted on the Premises.
12
14.4 Entire Agreement. This Agreement embodies the entire agreement between the
parties with respect to the leasing and use of the Premises. There are no representations, terms,
conditions, covenants or agreements between the parties relating thereto which are not contained
herein. This Agreement shall completely and fully supersede all other prior agreements, both
written and oral, between the parties.
14.5 Captions. The article and paragraph headings and captions contained hereunder
are included for convenience only and shall not be considered a part hereof or effect in any
manner the construction or interpretation of this Agreement.
14.6 Severability. In the event any provisions of this Agreement shall be deemed null
and void or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any of the remaining provisions hereof.
14.7 Assignment. This Agreement may not be assigned by the Lessee without the
express prior written consent of Lessor, which consent shall not be unreasonably held. It is
agreed, however, that any assignee shall have substantially the same or greater financial worth
and condition as the Lessee.
14.8 Successors and Assigns. The covenants, terms, and conditions and obligations set
forth and contained in this Agreement shall be binding upon and inure to the benefit of the
Lessor and the Lessee and their respective heirs, successors, and assigns.
14.9 Effective Date. The effective date of this Agreement shall be October 1, 2021.
14.10 Right of First Refusal. To the extent permitted by applicable law, Lessor agrees
not to transfer or convey all or any part of Lessor’s interest in the premises without first offering
Lessee the right to purchase such interest for the same amount and otherwise in accordance with
the terms of any bona fide contract which Lessor has entered into. Lessor shall give Lessee
written notice disclosing any intent of Lessor to transfer or convey all or any part of Lessor’s
interest in the premises. Lessee shall, on or before 30 days after receipt of such notice from
Lessor, notify Lessor in writing that Lessee either does or does not agree to acquire the interest to
be conveyed by Lessor on the terms and conditions set forth in the contract which accompanied
the notice from Lessor to Lessee. If Lessee notifies Lessor that Lessee elects to exercise the
right of first refusal with respect to the contract, Lessor and Lessee automatically thereupon shall
be deemed to have entered into a binding and enforceable agreement for the conveyance of the
interest on the same terms and conditions as set forth in the contract, except that the closing of
the conveyance to Lessee of the interest to be conveyed by Lessor shall occur on the first
business day which occurs 90 days after Lessee gives notice to Lessor of Lessee’s election to
exercise the right of first refusal.
14.11 Lessee’s Interest. All rights and interests with respect to use and occupation of
the premises not specifically reserved by Lessor herein, shall inhere in Lessee for the duration of
Lessee’s tenancy.
14.12 Memorandum of Lease. Lessor and Lessee shall execute a Memorandum of
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Lease in recordable form. Lessee may record said Memorandum of Lease in the McCracken
County Clerk’s office, which recording shall provide record notice of Lessee’s interest in the
premises.
WITNESS signatures of the parties as of the year and date first above written.
LESSOR:
CITY OF PADUCAH
By:______________________________________
Title:____________________________________
STATE OF KENTUCKY )
COUNTY OF MCCRACKEN )
The foregoing instrument was acknowledged before me on this _____ day of
_______________, 2021, by ____________________, _______________ (title) of the City of
Paducah, on behalf of the City.
My commission expires ___________________________.
_________________________________
NOTARY PUBLIC, STATE AT LARGE
14
LESSEE:
SEAMEN'S CHURCH INSTITUTE OF
NEW YORK AND NEW JERSEY
By:____________________________________
Title:___________________________________
STATE OF _________________ )
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me on this _____ day of September,
2021, by Mark Nestlehutt, President & Executive Director of Seamen's Church Institute of New
York and New Jersey, on behalf of Seamen's Church Institute of New York and New Jersey.
My commission expires ___________________________.
__________________________________
NOTARY PUBLIC
15
EXHIBIT A
DESCRIPTION OF PREMISES
EXHIBIT A
The Leased Premises shall consist the shaded areas, labeled “K”, “L”, “M”, “N”, “O”, and “P”.
Agenda Action Form
Paducah City Commission
Meeting Date: September 28, 2021
Short Title: Approve Contract Modification to Professional Services Contract with HDR, Inc. for the Paducah
Floodwall Pump Station #2 Project in the amount of $55,315.00 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Rick Murphy
Presentation By: Rick Murphy
Background Information: Summary: A contract amendment for out of scope work performed by HDR, Inc.
during the Paducah Floodwall Pump Station #2 project. HDR has submitted the following additional fee
schedule:
Structural Analysis $ 8,275.00
Geotechnical & Inspection $ 37,040.00
On-site Inspections $ 10,000.00
Total Estimated Not to Exceed Fee
Increase
$ 55,315.00
Background:
Original Contract Information (Ordinance 2016-08-8410, dated August 23, 2016)
As a part of the design agreement with the U.S. Department of the Army (USACE) for the design of the
Floodwall Rehabilitation Project (a/k/a Ohio River Shoreline Reconstruction Project), an original contract with
HDR Engineering, Inc. (HDR) was executed in August of 2016. The original contract scope is as follows:
To finalize project plans for Pump Stations #2 and #9 for a fee of $57,500.00.
To provide construction administration and inspection services at an hourly rate not to exceed $75,000.
The total contract amount with HDR Engineering, Inc. is $132,500.00.
Amendment #1 (Ordinance 2018-05-8532, dated May 29, 2018)
HDR projected new construction and inspection fees for Pump Station #2 that are not to exceed time and
materials amounts. These amounts are based on expanded scope and added third party inspection requirements.
Construction Administration-$91,542
Resident Inspection Services-$136,263
Total: $227,805
Ordinance 2018-05-8532 increased the original contract amount from $132,000.00 to $358,162.00.
Amendment #2 (Ordinance 2020-11-8662, dated October 24, 2020)
During the construction portion of the Pump Station #2 project, HDR performed out of scope work items for
design services during construction due to extended effort and unforeseen changes.
The recommendation was to amend HDR’s current contract from $358,162.00 to $439,662.00.
Construction administration/inspection shall now include the expanded scope of services as outlined
above for Pump Station #2, a/k/a $81,500.
Construction administration/inspection shall retain the remaining contract balance of $36,673.54 for
Pump Station #9 expenses.
The construction administration/inspection portion of the contract is time and materials, Not to Exceed
contract. HDR will bill based on actual hours accrued on the contract.
HDR will bill based on the updated fee for hourly services as outlined in the scope of services (see
attached).
Ordinance 2020-11-8662 increased the approved professional engineering services contract from $358,162.00
to $439,662.00.
Amendment #3
During the construction portion of the Pump Station #2 project, HDR performed out of scope work items for
design services during construction due to extended effort and unforeseen changes.
The recommendation is to amend HDR’s current contract from $439,662.00 to a Not to Exceed amount of
$494,977.00.
Construction administration/inspection shall now include the expanded scope of services as outlined
above for Pump Station #2, a/k/a $55,315.00.
Construction administration/inspection shall retain the remaining contract balance of $36,673.54 for
Pump Station #9 expenses.
The construction administration/inspection portion of the contract is time and materials, Not to Exceed
contract. HDR will bill based on actual hours accrued on the contract.
HDR will bill based on the updated fee for hourly services as outlined in the scope of services (see
attached).
Upon approval, the new agreement would increase the approved professional engineering services contract
from $439,662.00 to $494,977.00
All dollars spent on this original and amended contract regarding Pump Station #2 will be reimbursed or
funded through KIA/SRF Loan and/or CDBG and DRA grants.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Stormwater-Floodwall Rehabilitation
Communications Plan: Coordinate with Communications Manager on public communication
Funds Available:Account Name: Pump Station #2
Account Number: FW0014
Staff Recommendation: To adopt an Ordinance authorizing the Mayor to execute an amended agreement
with HDR Engineering, Inc to reflect out of scope work items in the amount of $55,315.00. The approval of the
contract amendment will increase the total contract amount from $439,662.00 to a Not to Exceed fee of
$494,977.00.
Attachments:
1.agree-amend 3 HDR floodwall pump station #2
2.Paducah FPS#2_Amend_3_091621
ORDINANCE NO. 2021-___-_____
AN ORDINANCE OF THE CITY OF PADUCAH KENTUCKY,
APPROVING A THIRD AMENDMENT TO THE PROFESSIONAL SERVICE
AGREEMENT FOR ENGINEERING SERVICES FOR FLOOD CONTROL PUMP
STATION #2 WITH HDR ENGINEERING, INC. TO REFLECT AN EXPANDED
CONSTRUCTION ADMINISTRATION AND INSPECTION SCOPE AND TO
INCREASE THE AGREEMENT IN AN AMOUNT OF $55,315 AND AUTHORIZING
THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, on August 30, 2016, the City and HDR Engineering, Inc., (the
“Engineer”) entered into a Short Form Agreement for Professional Services (the “Agreement”)
whereby the City engaged the Engineer to provide professional engineering, design, consulting
and related services in connection with the improvement and rehabilitation of Flood Control
Pump Stations #2 and #9 (the “Project”) in an amount of $132,000 as approved by Ordinance
No. 2016-08-8410; and
WHEREAS, the City of Paducah entered into Amendment No. 1 to the
Agreement to increase the original Agreement to $358,162 due to an expanded scope and added
third party inspection requirements as approved by Ordinance No. 2018-05-8532; and
WHEREAS, the City of Paducah entered into Amendment No. 2 to the
Agreement to increase the Amended Agreement from $358,162 to $439,662, as approved by
Ordinance No. 2020-11-8662; and
WHEREAS, during the construction portion of the Pump Station #2 project,
HDR performed out of scope work items for design services during construction due to extended
effort and unforeseen changes; and
WHEREAS, the City of Paducah now wishes to amend the Agreement to
included the expanded scope of services and to increase the contract from $439,662 to an amount
not to exceed $494,977.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD
OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Recitals and Authorization. The City hereby approves the Third
Amendment to the Professional Service Agreement with HDR Engineering. Inc., for an increase
in a not to exceed amount of $55,315 for expanded construction administration and inspection
services for Pump Station #2. Said Third Amendment results in a total Agreement cost of
$494,977. It is further determined that it is necessary and desirable and in the best interests of
the City to enter into this Third Amendment. Further, the Mayor of the City is hereby authorized
to execute all documents related to said Amendment.
SECTION 2. Compensation. All dollars spent on the original and amended Agreement
regarding Pump Station #2 will be reimbursed or funded through KIA/SRF Loan and/or CDBG
and DRA Grants. The expenditure authorized in Section 1 above shall be paid through the Pump
Station # 2 Rehab Project Account No. FW0014.
SECTION 3. 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 4. 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 5. 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 6. Effective Date. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
_____________________
George Bray, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, September 28, 2021
Adopted by the Board of Commissioners, ______________________________
Recorded by Lindsay Parish, City Clerk, _______________________________
Published by The Paducah Sun, _________________________
ord\eng\agree-amend 3 HDR floodwall pump station #2
AMENDMENT #4 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FLOOD PUMP STATIONS #2 AND #9-10032833
HDR ENGINEERING, INC. ("HDR") entered into an Agreement on August 30, 2016 to perform engineering
services for the CITY OF PADUCAH, KENTUCKY (“OWNER”);
CITY OF PADUCAH, KENTUCKY desires to amend this Agreement in order for HDR to perform services
beyond those previously contemplated;
HDR is willing to amend the agreement and perform the additional engineering services.
NOW, THEREFORE, HDR and CITY OF PADUCAH, KENTUCKY do hereby agree:
The Agreement and the terms and conditions therein shall remain unchanged other than those sections and
exhibits listed below;
Section I shall include the following services: Additional design services during construction per attached Exhibit
A.
Section IV shall be:
LUMP SUM:
ORIGINAL CONTRACT: $57,500.00
AMENDMENT #1: $36,183.46
TOTAL: $93,683.46
HOURLY, NOT-TO-EXCEED:
ORIGINAL CONTRACT: $ 75,000.00
AMENDMENT #2: $189,478.54
AMENDMENT #3: $ 81,500.00
AMENDMENT #4: $ 55,315.00
TOTAL: $401,293.54
TOTAL CONTRACT FEE: $494,977.00
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written below:
HDR ENGINEERING, INC. ("HDR") CITY OF PADUCAH, KENTUCKY (“OWNER”)
By: By:
Name: Ben R. Edelen Name: George P. Bray
Its: Sr. Vice President/Area Manager Its: Mayor
Date: Date:
hdrinc.com
August 26, 2021
Mr. Rick Murphy, PE
City Engineer
City of Paducah, KY
300 South 5th Street
PO Box 2267
Paducah, KY 42002
RE: HDR Contract Financial Status
Paducah Flood Pump Station #2 & #9 Improvement Projects
Dear Mr. Murphy,
HDR has performed out of scope work items for design services during construction due to extended effort
and unforeseen changes as follows:
Per the request of the City and the USACE, HDR provided additional structural analysis of the
station to review seismic code conformance. This analysis required additional structural
calculations and research of the original pump and motor weights. It was found that the new
pumps and motors were within the allowable tolerance per code.
During excavation and installation of the new discharge piping, unsuitable soil conditions were
encountered causing the floodwall to be unstable. HDR’s geotechnical professionals investigated
several options of potential repair , including developing a sheeting plan. Additional testing,
engineering, inspection, and coordination with the USACE was necessary to determine an
appropriate solution and to monitor the contractors progress in rebuilding the floodwall. The
changes in construction have also required additional funding assistance through SRF/KIA.
Additional e xpenses due to on -site inspection of pump performance testing and casting inspections
are required by the contract specifications. HDR and City of Paducah staff will travel to the pump
manufacturer (Cascade) headquarters located in Sante Fe Springs, California to witness the
performance testing. The additional expenses are estimated at $10,000.
Below is an estimate of hours per rate category for the out-of -scope work items:
Structural Analysis
Category Hours Rate Fee
Project Manager 12.5 $200 $2,500
Project Engineer 38.5 $150 $5,775
Total $8,275
Geotechnical & Inspection
Category Hours Rate Fee
Project Manager 10 $200 $2,000
Construction Administrator 58 $155 $8,990
Project Engineer 24.5 $150 $3,675
Resident Engineer 125 $115 $14,375
Additional Testing $8,000
Total $37,040
In addition to the request for additional fee for the hourly services, HDR respectfully requests inclusion of
the following geotechnical and materials testing prices into the contract:
Standard Proctor - $151/each
Atterburg Limits - $70/each
Sieve Analysis with #200 Wash - $102/each
Permeability Test - $477/each
Due to these scope changes, HDR is requesting an increase to the hourly not to exceed portion of the
contract in the amount of $55,315 to a new ceiling amount of $401,293.54 . The total new contract amount,
including the lump sum portion, would be $494,977.00 .
Please let me kn ow if there are any questions or if you need additional information.
Sincerely,
Kyle R. Guthrie, P.E. Kelly Meyer, PE, PLS
Associate Vice President Vice President
cc: Mike Hansen, PE
Sheryl Chino
Melanie Townsend