HomeMy WebLinkAbout09-22-15 Agenda PacketCITY COMMISSION MEETING
AGENDA FOR SEPTEMBER 22, 2015
5:30 P. M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
ROLL CALL
INVOCATION — Michael Jenkins — Relevant Church — Youth Leader
PLEDGE OF ALLEGIANCE -Lucas Wadley, Clark Elementary 5'" Grader
ADDITIONS/DELETIONS
PROPERTY TAX PUBLIC HEARING
I.
RESOLUTION
A. Support the Location of Shoreline Steei South by Rebating I % Payroll
Tax for a Period of Up To 5 Years
B. Declaration of Official Intent with Respect to Reimbursement of
Temporary Advances Made for Capital Expenditures to be Made from
Subsequent Borrowings
11.
MOTION
A. R & F Documents
III.
MUNICIPAL ORDERS
A. Personnel Changes
B. Approve Memorandum of Understanding for Work Performed Prior to
Execution of a Project Partnership Agreement for the Ohio River
Shoreline Reconstruction Project — R. MURPHY
TV.
ORDINANCES —ADO PTJON
A. Approve Sale of 421 North 5" 'Street — S. ERVIN
B. Accept the JAG Grant Award — POLICE CHIEF BARNHILL
C. Accept the Bulletproof Vest Partnership Grant Award — POLICE
CHIEF BARNHILL
D. Payment to Paducah Convention & Visitors Bureau Sponsorship for
2015 Rayovac FLW Series Championsliip — CITY MGR
V.
ORDINANCES - INTRODUCTION
A. Property Tax Levy — J. PERKINS
B. Authorize Contract with Ratio Architects, Inc. for Two
Architectural/Design Service Options — S. ERVIN
C. Authorize Payment for Emergency Repair of the Cooling Tower at the
Parks Services Building Located at 1 400 H. C. Mathis Drive — R.
MURPHY
D. Authorize Memorandum of Agreement with the Paducah & Louisville
Railway, Inc., for Reimbursement of Railway Work on Olivet Church
Road — R. MURPHY
E. Purchase Street Sweeper for EPW-Street Division — R. MURPHY
F. Purchase Side Arm Loader for EPW-Solid Waste Division — R.
MURPHY
G. Amend Section 42-104 Prohibited Noises of the Paducah Code of
Ordinances — R. ABRAHAM
VI.
CITY MANAGER REPORT
VII.
MAYOR & COMMISSIONER COMMENTS
VIII.
PUBLIC COMMENTS
IX.
EXECUTIVE SESSION
Agenda Action Form
Paducah City Commission
Meeting Date: 9-22-15
Short Title: Approve Resolution to Support the Location of Shoreline Steel
South, LLC in Paducah
❑Ordinance ❑ Emergency ❑ Municipal Order ® Resolution ❑ Motion
Staff Work By:
Presentation By:
Background Information:
The purpose of this resolution is to support the location of Shoreline Steel South, LLC
in Paducah. The project was announced and given preliminary approval in February
of 2011, Since then shoreline has invested $1,180,000 in their Paducah operation.
They have constructed a 20,000 square foot facility and currently employ 13 people at
an average of $15.62 per hour.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
In February of 2011 then Mayor Bill Paxton signed aletter on behalf of the City of
Paducah to give up 1% local payroll tax for a period not to exceed five (5) years. At
the February 2011 KEDFA board meeting the board also approved that the state give
up the 3% state payroll tax. The PED staff recommends this resolution be approved
by the commission and the incentives be granted to Shoreline Steel South, LLC.
Attachments:
Department Head City Cler 4ityanager
RESOLUTION
A RESOLUTION OF THE BOARD OF COMMISIONERS OF THE CITY
OF PADUCAH, KENTUCKY, SUPPORTING THE LOCATION OF SHORELINE
STEEL SOUTH, LLC BY REBATING THE I% PAYROLL TAX ON CERTAIN KEDFA
PROGRAM FOR ELIGIBLE POSITIONS
WHEREAS, a strong economy is important to the City of Paducah and the
region, and the Board of Commissioners of the City of Paducah, Kentucky, strives to support the
location of a new businesses; and
WHEREAS, Shoreline Steel South, LLC is a producer of steel piling for erosion
control seawall construction, soil stabilization, and highway construction headquartered in New
Haven, Michigan ; and
WHEREAS, Shoreline Steel South, LLC in 2011 announced plans to locate a
new production operation in Paducah and constructed a new 20,000 square foot facility that
began operations in 2012; and
WHEREAS, Shoreline Steel South, LLC's 51,180,000 investment created 13
new full time employees earning an average wage of S 15.62 per hour; and
WHEREAS, in order to assist in the project, Shoreline Steel South, LLC, is
eligible for a 1% payroll tax rebate for up to five years, to be offered in conjunction with the
Kentucky Economic Development Finance Authority (KEDFA) program that grants forgiveness
of 34'o State payroll tax.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY OF
PADUCAH, KENTUCKY, ACTING BY AND THROUGH ITS BOARD OF
COMMISSIONERS AS FOLLOWS:
SECTION 1. It is hereby found, determined and declared that the statements of
fact set forth in the Resolution are true and accurate.
SECTION 2. That the City of Paducah may grant arebate of 1% payroll tax on
KEDFA program eligible positions, upon remittance of the full amount of the payroll tax due, for
a period of up to five years to help support the location of Shoreline Steel South, LLC.
SECTION 3. The adoption of the Resolution shall not be deemed to and shall not
impose any liability or responsibility, financial or otherwise, upon the City of Paducah, beyond
the I% payrol l tax for a period of up to five years.
SECTION 4. This resolution shall be in full force and effect from and after this
adoption
Mayor
ATTEST
Tammara S, Sanderson, City Clerk
Adopted by the Board of Commissioners, September 22, 2015
Recorded by Tammara S. Sanderson, City Clerk, September 22, 2015
\resoln\Shoreline Steel South
RESOLUTION
A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, MAKING
DECLARATION OF OFFICIAL INTENT WITH RESPECT TO
REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL
EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS
WHEREAS, Treasury Regulation § 1.150-2 (the 'Reimbursement Regulations"),
issued pursuant to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code")
prescribes certain requirements by which proceeds of tax-exempt bonds, notes; certificates or other
obligations included in the meaning of "bonds" under Section 150 of the Code ("Obligations") used
to reimburse advances made for Capital Expenditures (as hereinafter defined) paid before .the
issuance of such Obligations may be deemed "spent" for purposes of Sections 103 and 141 to 150
of the Code and therefore, not fw-ther subject to any other requirements or restrictions under those
sections of the Code; and
WHEREAS, such Reimbursement Regulations require that an issuer (as hereinafter
defined) make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital
Expenditure paid prior to the issuance of the Obligations intended to fund such Capital Expenditure
and require that such Declaration of Official Intent be made no later than sixty (60) days after
payment of the Capital Expenditure and further require that any Reimbursement Allocation (as
hereinafter defined) of the proceeds of such Obligations to reimburse such Capital Expenditures
occur no later than eighteen (18) months after the later of the date the Capital Expenditure was paid
or the date the property acquired with the Capital Expenditure was placed in service, except that any
such Reimbursement Allocation must be made no later than three years after such Capital
Expenditure was paid; and
WHEREAS, the City of Paducah, Kentucky wishes to ensure compliance with the
Reimbursement Regulations:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH., KENTUCKY:
SECTION 1. Definitions. The following definitions apply to the terms used
herein:
"Allocation" means written evidence that proceeds of Obligations issued subsequent
to the payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To
allocate" means to make such an allocation.
"Capital Expenditure" means any expense for an item that is properly depreciable or
amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any
costs of issuing Reimbursement Bonds.
"Declaration of Official Intent" means a written declaration that the Issuer intends to
fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to be
reimbursed from the proceeds of such an issue,
"Issuer" means the City of Paducah, Kentucky.
"Reimbursement" means the restoration to the Issuer of money temporarily
advanced from other funds, including moneys borrowed from other sources, of the Issuer to pay for
Capital Expenditures before the issuance of Obligations in.erded to fund such Capital
Expenditures. "To reimburse" means to make such a restoration.
"Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer
for Capital Expenditures, and for certain other expenses permitted by the Reimbursement
Regulations; previously paid by or for the Issuer.
"Reimbursement Regulations" means Treasury Regulation § 150-2 and any
amendments thereto or superseding regulations, whether in proposed, temporary or final form, as
applicable, prescribing conditions under which the proceeds of Obligations may be allocated to
reimburse the Issuer for Capital Expenditures and certain other expenses paid prior to the issuance
of the Obligations such that the proceeds of such Obligations will he t-eated as "spent" for purposes
of Sections 103 and 141 to 150 of the Code.
SECTION 2. Declaration of Official Intent.
(a) The Issuer declares that it reasonably expects that the Capital Expenditures
described in Section (b), which were paid no earlier than sixty (60) days prior to the date hereof or
which will be paid prior to the issuance of any Obligations intended to fund such Capital
Expenditures, will be reimbursed with the proceeds of Obligations, representing a borrowing by the
Issuer in the maximum principal amount, for such Reimbursements, of $1622,000; and
(b) The Capital Expenditures to be reimbursed are for two architectural/design
service options (renovation and rehabilitation of the existing city hall and design services for a new
city hall).
SECTION 3. Reasonable Expectations. The Issuer does not expect any other
funds (including the money advanced to make the Capital Expenditures that are to be reimbursed),
to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer or any other
entity, with respect to the Capital Expenditures for the purposes described in Section 2(b).
SECTION 4. Severability. If any section; paragraph or provision of this
Resolution 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 Resolution.
2
SECTION 5. Open Nleetin It is found and determined that all formal actions of
this City Commission of the Issuer concerning and relating to the adoption of this resolution were
adopted in an open meeting of this City Commission of the Issuer; and that all deliberations of this
City Commission of the Issuer and of any of its committees that resulted in such formal action,
were in meetings open to the public, in compliance with the law.
SECTION 6. Effective Date. This Resolution shall take effect from and after its
passage, as provided by law.
The undersigned has been authorized by the City Commission of the Issuer to sign
this resolution on behalf of the City Commission of the Issuer.
Attest:
City Clerk
CITY OF PADUCAH, KENTUCKY
Mayor
Adopted by the Board of Commissioners, September 22, 2015
Recorded by Tammara S. Sanderson, City Clerk, September 22, 2015
\resoln\bond-GOB 2016 -city hall -architectural & design service options
CERTIFICATE
I, the undersigned City Clerk of the City of Paducah, Kentucky, certify that the foregoing is
a true copy of a Resolution adopted by the City of Paducah, Kentucky at a meeting of the City
Commission held on the day of . 2015.
1 further certify that all actions taken in connection with the resolution were in compliance
with the requirements of KRS 61.810, 61.815, 61.820 and 61.825, and that said resolution is now in
full force and effect, all as appears from the official records of the City in my custody and under my
control.
Witness my hand as City Clerk of the City of Paducah, Kentucky this day of
.2015.
City Clerk
September 22, 2015
I move that the following documents and bids be received and filed:
DOCUMENTS
Notice of Cancellation for the Board of Commissioners for September 8, 2015
2. Partial Deed of Release for 5420 Tuck Road — Tommy & Darlyne Fletcher (MO # 1850}
Contracts/Agreements;
a. Contract for Services with Barkley Regional AHTort Authority (ORD # 2015-09-
8292)
b. Interlocal Agreement for Acceptance and Administration of Edward Byrne Justice
Assistance Grant (JAG) Award (ORD # 2015-06.8262)
c. Trust Participation Agreement for the Kentucky League of Cities Insurance
Services General insurance Trust (ORD # 2015-06-8264)
d. Declaration of Trust and Trust Participation Agreement for the Kentucky League
of Cities Workers' Compensation Trust (ORD # 2015-06-8264)
BID FOR ENGINEERING -PUBLIC WORKS DEPARTMENT
2015 Side Arm Refuse Truck
1. McBride Mack *
2. Stringfellow
3, Municipal Equipment (Non -Responsive Bidder)
2015 Sweeper
1. Stringfellow *
2. Municipal Equipment (No Bid)
* Denotes Recommended/Accepted Bid
CITY OF PADUCAH
September 22, 2015
Upon the recommendation of the City Manager, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
C.ager's Signature
�. .22,f
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
September 22, 2015
CITY OF PADUCAH
PERSONNEL ACTIONS
September 22, 2015
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONSJEMPORARY ASS IGNMENTS
PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE
AND BASE RATE OF PAY AND BASE RATE OF PAY
PARKS SERVICES
Non -Ex
September 10. 2015
NCS
Non -Ex
September 10, 2015
Abernathy. Jordan K
Head Lifeguard
Recreation Leader
NCS
Non -Ex
August 17, 2015
$8.50/Hr
$8.00/Hr
Downs, Lauren B
Pool Attendant
Recreation Leader
NCS
Non -Ex
August 17, 2015
Kirkham, Timothy
$7.50/Hr
$8.00/Hr
NCS
Non -Ex
July 5, 2015
Elrod. Robert L
Pool Attendant
Recreation Leader
NCS
Non -Ex
August 17, 2015
Kirkham, Timothy
$7.50/Hr
$8.001Hr
NCS
Non -Ex
August 10, 2015
Grogan, Josh E
Lifeguard
Recreation Leader
NCS
Non -Ex
August 17, 2015
Graves, Matthew M
$8.00/Hr
$8.00/Hr
NCS
Non -Ex
July 25, 2015
Grogan, Sophie
Pool Attendant
Recreation Leader
NCS
Non -Ex
August 17, 2015
Graves, Matthew M
$7.50/Hr
$8.00/Hr
NCS
Non -Ex
September 3, 2015
Krone, Matthew D
Lifeguard
Recreation Leader
NCS
Non -Ex
August 17, 2015
Arterburn, William G
88.00/Hr
$8.00/Hr
NCS
Non -Ex
July 25, 2015
Newberry, Hannah M
Pool Attendant
Recreation Leader
NCS
Non -Ex
August 17, 2015
Arterburn, William G
87.50/Hr
$8.00/Hr
NCS
Non -Ex
September 3, 2015
Shannon, Mack
Lifeguard
Recreation Leader
NCS
Non -Ex
August 17, 2015
FINANCE - ACCOUNTING
$8.00/Hr
$8.00/Hr
POLICE - ADMIN SERVICES
Crawford, Bonnie J
Ramsey, Mary
Richardson, James G
POLICE - OPERATIONS
School Crossing Guard
$7.50/Hr
School Crossing Guard
$7.50/Hr
School Crossing Guard
$7.50/Hr
School Crossing Guard
$8.47/Hr
School Crossing Guard
$8.47/Hr
School Crossing Guard
$8.47/H r
NCS
Non -Ex
September 10. 2015
NCS
Non -Ex
September 10, 2015
NCS
Non -Ex
September 10, 2015
Krueger. Brian W.
Assistant Chief
Assistant Chief
NCS
Ex
September 17, 2015
$35.91/1 -Ir
$37.49/Hr*
*Step Increase
FIRE - SUPPRESSION
Kirkham, Timothy
Relief Driver
Acting Fire Lieutenant
NCS
Non -Ex
July 5, 2015
$14.85/Hr
$16.08/1 -Ir
Kirkham, Timothy
Acting Fire Lieutenant
Relief Driver
NCS
Non -Ex
August 10, 2015
$16.08/Hr
$14.85/Hr
Graves, Matthew M
Relief Driver
Acting Fire Lieutenant
NCS
Non -Ex
July 25, 2015
$14.80/Hr
$16.05/Hr
Graves, Matthew M
Acting Fire Lieutenant
Relief Driver
NCS
Non -Ex
September 3, 2015
$16.05/Hr
$14.80/Hr
Arterburn, William G
Fire Lieutenant
Acting Fire Captain
NCS
Non -Ex
July 25, 2015
$16.22/Hr
$17.30/Hr
Arterburn, William G
Acting Fire Captain
Fire Lieutenant
NCS
Non -Ex
September 3, 2015
817.30/Hr
$16.22/Hr
FINANCE - ACCOUNTING
Herndon Audra
Controller
Controller
NCS
Non -Ex
September 3, 2015
$34 24/Hr
$35.54/Hr
Agenda Action Form
Paducah City Commission
Meeting Date: 09-22-15
Short Title: MOU with USACE for Work Provided or Performed Prior to
Execution of a Project Partnership Agreement for the Ohio River Shoreline,
Paducah, Kentucky, Reconstruction Project
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
The US Army Corps of Engineers, Louisville District (USACE) in conjunction with the City of
Paducah has been pursuing the Ohio River Shoreline Reconstruction Project since 1998. As of this
date, the Project has been fully vetted through the USACE Civil Works Project protocols including a
Feasibility Report (dared April, 2011; Revised September, 2011), receiving the support of a Signed
Chief's Report (dated 16 May, 2012) and further legislated and authorized by H.R. 3080, WRRDA
2014, page 174. As of this date, the City does not receive "Project In -Kind Credits" for any
Floodwall monetary expenses as the execution of a Project Partnership Agreement has not been
finalized. Herefore, the City has been totally responsible for maintenance of the Floodwall and all
related appurtenances without being credited by the USACE.
On September 9, 2015, a letter was sent to Colonel Christopher G. Peck, P.E., outlining the City's
immediate Floodwall needs and requesting that the USACE allow "in-kind credits" as follows:
Request authorization to rebuild/rehab Pump 41 and Pump 42 located at Pump Station 49
prior to high water season in lieu of replacing them with submersible pumps and be able
to receive "in-kind credit" for the related expenses.
Permit the City to receive "in-kind credit" for expenses the City will incur to remove,
restore, rehabilitate, replace and/or reconstruct any/all flap gates within the vicinity of the
Floodwall limits.
Permit the City to receive "in-kind credit" for expenses the City will incur to permanently
seal eight of the LFPP's 47 movable closures that have become obsolete to commercial
use and access to the Ohio River.
On September 17; 2015, a MOU was received from the USACE which would allow the City to
receive "In -Kind Credit" for the above mentioned bulleted items.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: N/A
Account Number: Finance
Agenda Action Form
Staff Recommendation:
Page 2
To adopt a Municipal Order authorizing the Mayor to execute a Memorandum of
Understanding between the Department of the Army and the Ci#y of Paducah Kentucky for
work provided or performed prior to execution of a Project Partnership Agreement for the
Paducah Kentucky Local Flood Protection Project.
Attachments:
September 9, 2015 letter to Colonel Christopher G. Beck, PE
September 17, 2015 letter from Michael Moor, Project Manager, Louisville District, USACE
Memorandum of Understanding
Depart ent e
City Clerk
Ci Manager
I' ick Mu phy. P L.
('in• I•.?I gulcer
9 September 2015
Colonel Christopher G. Beck, P.E
Di,trict Commander
US Army Corps of 1=ngincers
Louisville District
P 0. Box 59
Room 751
L-OtliSVMC. ICY 40201-0059
y.R,n 1
t.
. 1
CITY OF PADUCAH
300 South 5(h Street
P. t)- Box 2267
1'aduCJ). KY 12002-2261
www-padncahky.gov
Attn: Ms. Linda 12. Murphy, P,E,, PMP (For- LRL Internal Distribution)
Deputy Dim-ict Engineer, CELRL-DP
Re: Ohio River Shoreline, Paducah Kentucky Reconstruction
Request
Dear Colonel Beck
Phonc: '270) 4,11 '-851 1
F.nt: (2-t)) 4414-8689
As you are aware the US Army Corps of Engineers, Louisville District (USAGE) in conjunction with the City of
Paducah has bCet1 pursuing the above reference Project since 1999. As of thisdate, the Project has been fully vetted
through the USACE Civil Works Pio_ect protocols including a Feasibility Report (dated April. 2011; Revised
September, 201 1), receiving the support of a Signed Chicf s Repotl (dated 16 May, 20 12) and further legislated and
authorized by 1.1 R. 3080. W RRDA 2014, page 174. Please note, approximately 17 years has come and gone during
the pursuit of the USACF and Sponsor fulfilling the governmental requirenmitsto qualify the Project for federal
funding participation. Dur!ng this time, the Sponsor has been totally responsible for maintenance of the I.FPP to its
lull capacity, while the authorized Project rehabilitationh•econsiruction components identified as part of the Project
continue to fail This failure causes the Sponsor to replacCrestore said components at 100% of its cost. Please note
that the Sponsor's rehabilitation may or may not align with the preferred authorized methods outlined in the
al-oremcnttoned documents. Milne will not perrmt the preferred rchabilttatiot: to get these components back on line
as the wake of a new flood season is upon us-, hence, the purpose of writing and reaching out to you.
At this time I would like to make you aware of my immediate needs, they are as follows;
Pump Station No 9: Pump No. 2 has failed and must be rebuilt in-kind. Pump No. I has excessive
vibration and is considered marvinal at best. Therefore, given Pump Station's No. 9 current configuration
and fast approaching, high \Nater season. it is my recommendation to pursue rebuild!no'rel:ab!litanngbody
Pump Station \,o. 9 Pumps 1 & 2 "In -Kind" in lieu of* replacing them with dry well submersible pumps as
prc� iously au:hortzed.
F.'0.;'i,: Q?PCnTC01 Y fir.. �L'1'F,i'CJ��i F✓it6tJ'@�� -Ji;� .-E.):' �L- ,
2`
Colonel ClhrrsutnherG 11cck, P I:
9 Septcmbet. 2015
1'agc 2 of
Permit the Sponsor to receive "Authorized Project In -Kind Credit" for al I expenses it will incur to remove,
restore, rehabilitate, replace andior reconstruct any/all Flap gates staled within the subject UPP's
aforementioned authorization documents. This portion of the Project is characterized as "Priority No. 2,
Rap Gates,"
Pel•nhit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to
Permanently seal eight of the LPPP's 47 movable closures that have become obsolete to commercial use
and access to the Ohio River. This portion of the Project is also described within the subject UPP's
aforementioned authorization clocuments and has been characterized as "Priority No. 3, Seal Closures."
Notwithstanding, given the USACE and Sponsor have executed a PIED Agreement far the Project's overall design
and has yet to execute a Prolect Parinership Agreement, (PPA), the Sponsor is b>u-dcned for 100% of the repairs,
restorations, rehabilitations, replacements and/or reconstruction to ANY/ALL previously authorized components of
the Project. As of thus date. the Sponsor does not receive the aforementioned credits as the execution da PPA has
not occurred. rendering the Sponsor's efforts ineligible by the government. 1; is also my understanding, that it may
be possible for the Sponsor to receive -Pro .jcct in -Kind Credit" provided an authorized Memorandum of
Understanding, (MOU) that may be executed between the USACL; and Sponsor.
]herefore, at this time the City of Paducall'Sponsor is making a formai appeal and request to the USACE Louisville
District to immediate`•;• pursue an appropriate M0l1 that would in fact allow the Sponsor to receive "]n -Kind Ci -
edit -Cor those items listed in the bulleted points above as well as any additional Project authorized component failures
integral to the Proiect that may fail prior the USACE and Sponsor having the opportunity to execute a PPA
Yow• assistance and response to this formal request is greatly appreciated. Ir: the event that you or members of -our
Min) may hzve any questiouhs regarding this request, please cio not hesitate (CeOntaet me at the telephone number
listed above o: my cell phone, (270) 994-7390.
Regards:
Rich: Murphy, Rji=,
C lt� LlIgmCC! ct[ Pubtic WL 7i'sirectat
ictt Pederson Cor Manager, vrt email
I lonorable Gavle ICdler, Mavol, viz: emaii
ohn R Bock. P 1. , USAC L. I.M. Ciuef. 1•:ngireering D;vsion, via email
\,Lr hacl Moore, t:SACf., LRf- Pro,iecu Manager, MI email
Richard G ((rase:, BnLuldier Ocneral. 11 S .Army. iia email
JcnnrCer .A. Cyeer. l SAC'L i leadqui rtert. Chief 1:111111C DPMMW% Rianch. v a entail
tr'�'NT oF'o
4REPLI TOATTENTION CF:
17SEll 1i
DEPARTMENT OF THE ARMY
U S ARMY ENGINEER DISTRICT, LOUISVILLE
CORPS OF ENGINEERS
P O BOX 59
LOUISVILLE, KENTUCKY 40201.0059
1\4r. Rick Murphy, P F.
Cite FI1ginccr & Public Works Director
City of Paducah
Engineering & Public \J`orks Department
300 South 11" Street
P.0 Box 2267
Paducah. KY 12002-2267
Attn::`lr. Rick Nlurph,,, 1'.I:,
RE: Ohio Rig cr Shoreline. Paducah Reconstruction Project NIOU C-"Mition,
[)car N1r. Murph}':
We ha%c received your letter dated 09SE1115 Ibrmally requesting that Louisville District USACE pursue
an appropriate M0U that would allo\% Clic Cite of Paducah to receive "In -Kind Credit" for items listed in
the said letter
Please see attached an MOU that incorporates the scope identified in your letter. This ,NIOU has been
reviewed intcrnaliv as well as by you recently. Per our guidance. our District Commander CUL Beck
has the authority to approve this NIOU.
Per this letter I hereby request that you pursue the appropriate signatures on four original copies of the
attached I%4OU (Adobe file attached). Once signed please either send overnight or we can snake other
arrangements to retrieve After your signatures are complete, then COL Beck will be able to sign and
tlrcreb\ execute this NIOU. Two (2) original bard topics will be returned to you for your files.
If \ oar have an% questions or comments please feel free to give Inc a call at: 502-523-6967
V i � e. •: Dore
Proj<:ct Manager
1_01.l1s\'[Ile District
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE DEPARTMENT OF THE ARMY
AND THE
CITY OF PADUCAH, KENTUCKY
FOR WORK PROVIDED OR PERFORMED
PRIOR TO EXECUTION OF
A
PROJECT PARTNERSHIP AGREEMENT
FOR
OHIO RIVER SHORELINE, PADUCAH, KENTUCKY,
RECONSTRUCTION PROJECT
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred
to as the "MOU") is made and entered into this day of
2015, by and between. the UniLed States
Department of the Army (hereinafter referred to as the
"Government"), acting by and through the Commander and
District Engineer, United States Army Engireer District,
Louisville and the City of Paducah, Kentucky, a Home Rule
Class city organized and existing under and pursuant to the
laws of the Commonwealth of Kentucky (hereinafter referred
to as the "Non -Federal Interest"), acting by and through
the Mayor of the City off Paducah, Kentucky.
WITNESSETH, THAT:
WHEREAS, Section 221(a) of the Flood Control Act of
1970, as amended by Section 2003 of the Water Resources
Development Act of 2007, provides that a cost sharing
partnership agreement may provide credit for the value of
materials or services provided before the execution of such
cost sharing partnership agreement if the Secretary and the
non -Federal interest enter into an agreement under which
the non -Federal interest shall carry out such work and only
work carried out following the execution of such agreement
shall be eliclible for credit;
WHEREAS, the Non -Federal Interest understands and
acknowledges that any credit for eligible ir.-kind
contributions will be afforded only toward the required
non -Federal contribution of funds (i.e. cash contribution)
under the Project Partnership Agreement fox the project or
separable element of the project except such credit will
not be afforded toward the non -Federal reouirement to
provide in cash 5 percent of the costs allocated to
structural flood damage reduction; and
WHEREAS, by letter dated the 9th day of September,
2015, the Non -Federal Interest stated its intent to perform
certain work (hereinafter referred to as the "Proposed
Work", as defined in paragraph 1 of this MOU) prior to the
execution cf the Project Partnership Agreerr.ent for the Ohio
River Shoreline, Paducah, Kentucky, Reconstruction Project.
NOW, THEREFORE, the Government and the Non -Federal
Interest agree as follows:
1. The Non -Federal Interest shall provide or perform the
Proposed T11ork in accordance with the terms and conditions
of this MOU. The Proposed Work shall consist of:
a. Rebuild/Rehabilitate both of Pump Station No. 9
pumps 1 and 2, respectively, as generally described in the
above -referenced letter from the Non -Federal Interest.
b. Restore, rehabilitate, replace and/or reconstruct
any/all flap gates as generally described in the above -
referenced letter from the Non -Federal Interest.
c. Permanently seal eight movable closures as
generally described in she above -referenced letter frorn the
Non -Federal Interest.
2. The Non -Federal interest shall develop all necessary
engineering plans and specifications for the Proposed Werk.
3. The Nen-Federal Interest shall complete all necessary
environmental coordination and obtain all applicable _
Federal, State, and local permits required for the
perforrr.ar.ce of the Proposed Work.
2
4. The Ncn-Federal interest shall comply with the
applicable provisions of the Uniform Relocation Assistance
and Real Property Acquisition Policy Act of 1970, Public
Law 91-646, as amended (42 U.S.C. 4601-465-5), and the
Uniform Regulations contained in 49 C.F.R. Part 24, in
acquiring lands, easements, and rights-cf-way -required for
construction and subsequent operation and maintenance of
the Proposed Work, and inform all affected persons of
applicable benefits, policies, and procedures in connection
with said Act.
5. Nothing in this MOU creates any duty, obligation, or
responsibility for the Government. Any activity undertaken
by the Non -Federal Interest for the implementation of the
Proposed Work is solely at the Non -Federal Interest's own
risk and responsibility.
6. The Non -Federal Interest shall keep books, records,
docurnents, and other evidence pertaining to costs and
expenses incurred pursuant to this MOU to the extent and in
such detail as will properly reflect total costs for the
Proposed Work and the Non -Federal Interest shall make such
evidence available for inspection and audit by authorized
representatives of the Government.
7. The Non -Federal Interest understands that any costs
incurred for the clean-up of hazardous material regulated
by the Comprehensive Environmental Response, Compensation,
and Liability Act (hereinafter "CERCLA"; 42 U.S.C. Sections
9601-9675), that may exist in, on, or under lands,
easements, or rights-of-way required for the Proposed Work
are a Non -Federal Interest responsibility and that no
credit shall be afforded for such clear. -up costs. In
addition, the Non -Federal Interest understands that as
between the Government and the Non -Federal =nterest, the
Nor. -Federal Interest shall be considered the operator of
the Proposed Work for the nurpcses of CERCI -F iiab=lity. To
the maximum extent practicable, the Non -Federal Interest
shall operate, maintain, repair, replace, and rehabilitate
the Proposed Work -._ a manner that will not ca.ise liability
to arise under CERCLA.
3
B. The parties to this MCU shall each act in an independent
capacity in the performance of their respective functions
under this MCU, and neither party is to be considered the
officer, ager_t, or employee of the other.
9. The Non -Federal Interest understands that to be eligible
for credit for the costs of the Proposed Work:
a. The Government must make a determination that the
Proposed Work is integral to the project;
b. The Proposed Work shall be subject to a review or
on-site inspection, as applicable, and certification by the
Government that the work was accomplished in a satisfactory
manner and in accordance with applicable Federal laws,
regulations, and policies;
c. The costs for the Proposed Work that may be
eligible for credit shall be subject to an audit by the
Government to determine the reasonableness., allocability,
and allowability of such costs;
d. The costs incurred for the Proposed Work are not
subject to interest charges, nor are they subject to
adjustment to reflect chances in price levels between the
time the Proposed Work is completed and the time that
credit may be afforded;
e. The Non -Federal Interest shall not use Federal
program funds (either funds or grants prcvided by a Federal
agency as well as any non -Federal matching share or
contr_bation that was required by such Federal agency for
such program or grant) for the Proposed Work unless the
Federal agency providing the Federal portion of such funds
verifies in wrltir.g that expenditure of such funds for such
purpose is expressly authorized by Federal .law;
f. only the costs of the Proposed Work that. do not
exceed the Government's estimate of the cost of such vcrk
if the work been acccmplished by the Government may be
eiioible for credit;
4
g. Any contract awarded for the Proposed Work shall
include provisions consistent with all applicable Federal
laws and regulations and the Non -Federal Interest shall
comply with all applicable Federal and State laws and
regulations, including, but not limited to Section 601 of
the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C.
2COOd), and Department of Defense Directive 5500.11 issued
pursuant thereto, as well as Army Regulation 600-7,
entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the
Department of the Army";
h. she Non -Federal Interest must comply with
applicable Federal labor laws covering nor: -Federal
construction, including but not limited to, 40 U.S.C. 3141-
3148 and 40 U.S.C. 3701-3708 (revising, codifying and
enacting without substantive change the previsions of the
Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the
Contract Work Hours and Safety Standards Act (formerly 40
U.S.C. 327 et sea.), and the Copeland Anti -Kickback Act
(formerly 40 U.S.C. 276c)); and
i. Crediting for the costs of the Proposed Work may be
withheld, in whole or in part, as a result of the Non -
Federal Interest's failure to comply with the terms of this
MOU.
10. If the parties agree to enter into a Fxoject
Partnership Agreement for the Ohio River Shoreline,
Paducah, Kentucky, Reconstruction Project at Paducah,
Kentucky, then the Project Partnership Acreement will
contain provisions regarding affording credit for costs of
the Proposed Work, if the Secretary detern.ines that the
Proposed Work is integral to the project.
11. Execution of this I110U shall not be interpreted as a
Federal assurance regarding later approval of any project;
shall rot commit t?e UnIted States to any type of
rei.-.1cursement or credit for the Proposed 4,0'ork; does not
a. -ter any process to be followed by the Government in
5
making a determination to execute a future Project
Partnership Agreement; nor does it provide any assurance
that any future agreement will ever be executed for the
project, the Proposed Work, or any portion of the project.
Further, this MOU shall not be interpreted to signify any
Federal participation in or commitment to the project or
the Proposed Work. Finally, this MOU shall not be
construed as committing the Government to assume any
responsibility placed upon the Non -Federal interest or any
other non -Federal entity or as preventing the Government
from modifying the project that could result in the
Proposed Work performed by the Non -Federal Interest no
longer being an integral part of the design of the project.
IN TIESTiMONY WHEREOF, witness the signature of the City of
Paducah, Kentucky, a Home Rule Class city organized and
existing under and pursuant to the laws of the Commonwealth of
Kentucky, by its duly qualified and elected Mayor, Gayle Kaler,
pursuant to a Ordinance duly passed and adopted by the
affirmative vote of a majority of the duly qualified and
elected members of the Board of Commissioners, City of Paducah,
Kentucky, this day of =, 2015. This MOU
shall become effective upon the date it is signed by the
Commander and District Engineer, United States Army Engineer
District, Louisville.
BY:
ATTEST:
CITY OF PADUCAH, KENTUCKY
Gayle Kal.er, Mayor, City of
Paducah, Kentucky
Tammara S. Sanderson, City Clerk,
City of Paducah, Kentucky
IN TESTIMONY WHEREOF, witness the signature of the
United States Department of the Army, acting by and through
the Commander and District Engineer, United States Army
Engineer District, Louisville, this day of
, 2015. This MOU shall become effective
upon the date it is signed by the Commander and District
Engineer, United States Army Engineer District, Louisville.
BY:
UNITED STATES DEPARTMENT OF
THE ARMY, ACTING BY AND
THROUGH THE COMMANDER AND
DISTRICT ENGINEER, UNITED
STATES ARMY ENGINEER DISTRICT,
LOUISVILLE
Christopher G. Beck
Colonel, Corps of Engineers
Commander and District Engineer,
United States Army Engineer
District, Lou_sville
CERTIFICATE OF AUTHORITY
I, 4J. David Denton, Denton Law Firm, --LLC, do hereby
certify that I am the principal legal off_cer of the City of
Paducah, Kentucky, that the City of Paducah, Kentucky is a
legally constituted public body with full authority and legal
capability to perform the terms of the MOU between the United
States Department of the Army and the City of Paducah,
Kentucky in connection with the Proposed Work to be provided
or performed prior to the execution of a Project Partnership
Agreement for the 0_']io River Shoreline, Paducah, Kentucky,
eCC"StY;iCtlOn Pro]ect and that the person: who executed this
IJ011 on behalf of the City of Paducah, Kentucky has acted
with --'n her statutory author --'Ey.
7
V\Iitness Lhe s-gnat-ure of W. David Denton, Denton Law
Firm, P' -LC, City Attorney, City of Paducah, Kentucky, this
day of , 2015.
rays
CITY OF PADUCAH, KENTUCKY
W. David Denton, Denton Law Firm,
PLLC, City Attorney, City of
Paducah, Kentucky
C --TY Or F;�D'Ci,H, KENTUCKY: FINAL SECOND N,O:;, SEPTLN.BER -ti 2CIS TD FRC:EC: VANLGER
8
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF
THE ARMY AND THE CITY OF PADUCAH FOR WORK PROVIDED OR
PERFORMED PRIOR TO EXECUTION OF A PROJECT PARTNERSHIP
AGREEMENT FOR THE OHIO RIVER SHORELINE, PADUCAH, KENTUCKY
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the Mayor to
execute a Memorandum of Understanding between the Department of the Army,
represented by the U.S. Army Engineer, Louisville District and the City of Paducah for
work provided or performed prior to execution of a Project Partnership Agreement for
Ohio River Shoreline, Paducah, Kentucky.
SECTION 2. This Order shall be in full force and effect from and after
the date of its adoption.
Mayor
ATTEST
Tammara S. Sanderson; City Clerk
Adopted by the Board of Commissioners. September 22, 2015
Recorded by Tammara S. Brock, City Clerk, September 22, 2015
\rnoWOU-Ohio River Shoreline
Agenda Action Form
Paducah City Commission
Meeting Date: September 15, 2015
Short Title: Sale of 421 N. 5`h Street
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Melinda Winchester, Steve Ervin
Presentation By: Steve Ervin
Key Components:
To transfer the last structure in the city -owned Lower Town inventory aind promote developrnent within the
Lower Town neighborhood, staff recently solicited bids for the sale of 421 N. 5th Street for complete
rehabilitation.
Bids:
In full compliance with the City's procurement policies, staff solicited sealed bids through an advertisement in
the Paducah Sun on August 16, 2015. Bids were opened at 3:00 PM on Fuesday, September 1, 2015 with the
following results:
421 N. 5th Street Bids:
1. Adam Moyers and Brandi Harless:
$1.00
Adam Moyers and Brandi Harless has submitted a bid that includes the complete rehabilitation of 421 N. 5'''
Street into single family residence. (Please find the proposal attached). The proposed rehabilitation cost is
$175, 984.00..
2. Frank and Joanne White:
$1.00
Frank and Joanne White has submitted a bid that proposes to rehabilitate into single family with a fine art
photographer studio. (Please find the proposal attached). However, the submitted proposal is non-responsive
and could not be fully evaluated due to third party estimate or detail of associated costs for the rehabilitation of
the structure not being included.
Staff Recommendations:
Staff recommendation is that the property be transferred to the highest responsible bidder, Adam Moyers and
Brandi Harless for the offer of $1.00. Upon approval by the City Commission, staff will proceed with the
design approvals through the Historical and Architectural Review Commission
Goal: ® Strong Economy ❑ Quality Services ® Vital Neighborhoods 0 Restored Downtowns
Agenda Action Form
Funds Available:
Account Name:
Account Number:
Attachments: Elevations
Page 2
Finance
Agenda Action Form
Paducah City Commission
Meeting Date: 1, September 201
Short Title: 2015-2016 Edward Burne Memorial Justice Accountabi'itv Grant (JAG)
®Ordinance ❑ Emergence LI Municipal Order ❑ Resolution ❑ `lotion
Staff Work Bv: Former A/C Stacey Grimes; Shen . -I Chino
Presentation By: Chief Brandon Barnhill
Background Information: The Edward Byrne Memorial Justice Accountability Grant (JAG) is a
federal formula grant funded through the L'.S. Department of Justice.
Through Municipal Order #1843 the Paducah Police Department submitted an application for the
2015-2oi6 Edward Byrne Memorial JAG grant and has received an award of S1o.912 to purchase 19
body worn cameras. This grant does not require a local cash match.
Goal: ❑ Strong Economy ® Quality Sen -ices ❑ Vital Neighborhoods E]Restored Downto'rns
Funds Available: Project Name: 2015/2016 JAG et (kt �(s
Project #: P00092
File #: 6.275 Finance
Acct. #: 040-1616-521.23-07
Budget: S1o,912
Source of Funds: Federal grant, no local match required
Staff Recommendation: Authorize the Mayor to execute a grant agreement and all related documents.
Attachments: None
ent Head
Cit-,- Clerk
Cit- Manager
Agenda Action Form
Paducah City Commission
Meeting Date: 1.; September 2015
Short Title: 2016 U.S. Bulletproof Vest Partnership Grant
® Ordinance ❑ Emergence ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By. Robin Newbern, Shen -1 Chino
Presentation By: Chief Brandon Barnhill
Background Information: The U.S, Department of Justice (DOJ) Bulletproof Fest Partnership
(BVP) Grant Program prox ides a maximum 50 -percent reimburscinent for the purchase of body
armor for police. The City received $7.435.61 from this grant pram in 2013.
Through Municipal Order #1836, the Citi- Commission approved the submittal of the BVP grant
application. The Police Department was awarded S12,644.54 in BYP funds on August 11, 2015 and
2015 LEPP grant funds N%ill be used as matching funds.
Goal: ❑ Strong Economy ® Quality Senices ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Project Name: 2015 DOJ BPV
Project #: POoog1 j'\►
File #: 6.274 Finance
Acct. #: 040-1616-521.23-07
Budget: S25,289.o8
Source of Funds: $12,644,J4 federal grant, 3112,644-54 match — LEPP grant
funds
Staff Recommendation: Authorize the mayor to execute a grant agreement and related documents.
Attachments: None
Department Head Cite Clerk Cite Mananer
Agenda Action Form
Paducah City Commission
Meeting Date:September 22, 2015
Short Title: Payment to Paducah Convention & Visitors Bureau
Sponsorship for 2015 Rayovac FLW Series Championship
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
On November 26, 2014, the Paducah Convention and Visitors Bureau entered into a Site Agreement
with FLW, LLC, to host a FLW Rayovac Championship on the Ohio River in Paducah, Kentucky
October 29-31, 2015. Pursuant to this agreement, the CVB agreed to pay $35,000 cash to FLW and to
provide certain in-kind services, said hosting costs total $45,000.
The Convention & Visitors Bureau has requested that the City split the costs of hosting the tournament,
and agrees that the total contribution from the City of Paducah shall not exceed $22,500.
Payment #1 to the Paducah Convention & Visitors Bureau in the amount of $11,250 was paid in June
2015. An invoice in the amount of $11,250 for Payment 2 in the amount of $11,250 has now been
received. Since total payment exceeds $20,000, Commission action is required to approve Payment 2.
Goal: ❑Strong Economy ❑ Quality Services[] Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name: Investment FundEIC/
>Account Number: 004-0401-536-2307 nna
Staff Recommendation: Approve payment of Invoice #2 in the amount of $11,250
Attachments:
• Copy of Site Agreement between FLW and the Paducah CVB
• e-mail from Fowler Black setting forth financial arrangements & Inv. 41
• Ordinance
ZI
Department Head City Clerk Cit�Mana�ger
Agenda Action Fmrm
Pviducah City Commission
�[vleetir.� Date: September ??. ?015
Short Title: Setting Tax Levies. Ad Valorem Properties ao FY2016
Ordinance ® Emergency ❑ Municipal Order ❑ Re_k lution ❑ Motion ❑
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) as well as another (non -City) tax Jurisdiction, the Paducah
Independent School District, are proposed to be set as per the. attached ordinance. Please
refer to exhibits 1-3 for a history of the ad valorem tax levies for real estate (exhihit 1),
personal (exhibit 3) & inventory (exhihil 3).
The Cit%'s General Fund real estate tax levy is proposed to be 525.5 cents per S 100 AV.
The proposed FY2016 rate is 56% of what the rate was in FY 1995, when the City starting
making a conscious effort to lower- real estate tax rates (see c:rhihil 1).
The Citv's General Fund personal tax levy is proposed to he S39 cents per S 100 AV.
The proposed FY2015 rate is 23% less than the FY 1995 rate (see exhibit 2).
The City and PJC eliminated inventory taxes (see ewhihit 3) on businesses in order to
encourage business growth in Paducah mane years ago. As you may recall, the Citv's
inventory rate was phased out over a Four-year period, N08 through 2002, and fully
eliminated in FY2003. The inventory tax revenue would hay -e been nearly $1.0 trillion in
FY2016, if it were still in place.
Staff proposes the City's tax levy be set at 25.5 cents per Slt}0 assessed value (AV), the
same rate as last year (FY2015). The FY2016 compensating, rate is 24.7 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 25.7 cent. The City of Paducah is
proposing to take an amount less than the 4% allowed by IiRS, as it has many times in
the past (sec' chtwt A).
From FY2001 to FY2016, the City of Paducah has dropped STs real estate tax levy by 4.5
cents, while the School District tax levy increased 20.3 cents (see churl B). The Paducah
Independent School District real estate levy will increase 2.9 cents to 80 cents/S100 AV.
While Paducah's levy was 25.5 cents last year, in a survey of 18 Kentucky cities last fall,
S: Jon Perkins Word Property Tax Management ,Agenda - Property Tax t e%ies F1"2010.Doc-\
u,elida Action Foran Pa,�
it was established that Paducah's rate was less than the group"s average ($.2672). The
historical average (FY2011-FY2015) of property tax rates for the cities surveyed
continues to rise each year (see ehm-t C). Last year. Pacucah's rate was over a cent
below the group's average of 26.72 cents.
The property tar levy ordinance will be introduced on September j2, 2015 with the
second and final reading on October 6, 2015. Since the City's proposed tax levy is
greater than the 'compensating rate' of 24.7 cents per S1110 AV, a public hearing is
required; a public hearing is scheduled for September 22, 201-51
Croak® Strong Economy® Quality Services® Vital Neighborhoods® Restored Downtowns
Funds Available: Account Name: N/A
Account Number: N/A
�1
��` inarSce
Staff Recommendation:
Recommend that the Mayor and Commission adopt the proposed 2015-2016 real estate
and personal ad valorem tax levies as proposed.
Motion:
I move that an ordinance setting the levies and rates of taxation on all property in
the City of Paducah, Kentucky, subject to taxation for municipal purposes and for
school purposes for the period from July 1, 2015, through June 30, 2016, be
adopted.
Attachments: Tables of Historic Tax Levies (3); Cbarts (3)
l-- r
Department Head City Clerk itv;vtanager
S:.lon Perkin: Word Propert} Tax Management .agenda - Propert, "t ax ie� FY 201 O.Doex
ORDINANCE NO. 2015 -10 -
AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON
ALL PROPERTY IN THE CITY OF PADUCAH. KENTUCKY. SUBJECTTO TAXATION
FOR IfUNICIPAL PURPOSES , ND FOR SCHOOL PURPOSES FOR THE PERIOD FROG.!
JULY 1, 2015 THROUGH JUNE 30, 2016, WITH THE PURPOSES OF SAID TAXES
HEREUNDER DEFINED
BE IT ORDAINED BY THE CITY OF PADUC,kH. KENTUCKY:
SECTION 1, There is hereby levied for the period from July 1, 2015, through
June 30, 2016, upon all taxable real property within the City of Paducah, Kentucky, subject to
taxation for municipal purposes, an ad valorem tax of twenty five and 5%10 cents ($.235) upon
each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 1571
of the State Constitution, to defray the cost of maintaining and administering the government of'
the City of Paducah. Kentucky. for said period, exclusive of the le%ies hereinafter mentioned and
defined, and the proceeds of said tax levy shall be paid into the General Fund of the City.
SECTION 2. There is hereby levied for the perirxi tcom July 1, 2013, through
June 30, 2016, upon all taxable personal property including motor vehicles and watercraft,
except for inventory, within the City of Paducah, Kentucky, sulject to taxation for municipal
purposes, an ad valorem tax of thirty-nine cents (50.390) upon each one hundred dollars
($ 100.00) assessed valuation of said property, pursuant to Section 137 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 necessarx
and required in order to provide revenue to meet the requiremer,is 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 .hall be deposited into the
General Fund of the City to be expended as provided in the budget ordinance for the period from
July 1, 201 5, through June 30, 2016.
SECTION 4. There is hereby further le%ied an a,l alorem tax of one and 7 10
cents 00.017) on each one hundred dollars ($100.00) of assessed valuation of all real property
subject to taxation for municipal purposes in said Cite for the period from July i. 2015, through
June 30. 2016, for the purpose of aiding, assisting and maintaining Paducah Junior College,
vyhich tat shall be and the same is hereby declared to be a tax for municipal purposes.
SECTION 6. There is hereby further levied an ad valorem tax of one and 7'10
cents ($0.017) 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, 2016. through June 30, 2016, 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 6. There is hereby further levied an ad valorem tax of three and 1.110
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. 2013. through June 30, 2016, for the purpose of aiding, assisting and maintaining
Paducah Junior College, which tax shall be and the same is herQb-y declared to be a tax for
municipal purposes.
SECTION 7. The Board of Education of the Cite of Paducah, Kentucky, pursuant
to the authority vested in it under its charter and under the laws i f 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, budget and levy die
following taxes for the period from July 1, 2015, through June -'4). 2016, an ad valorem tax of
eighty cents ($0.800) on each one hundred dollars ($100.00) assessed %aluation of al l real
property subject to taxation for school purposes in the City of Nducali, Kentucky, for the
support and maintenance of the public schools of said City shay. he collected by the Cite 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 C the Commonwealth of
Kentucky has adopted a resolution and budget levying an ad va''orem tax on all personal property
in said Cit.- subject to taxation for school purposes. Pursuant to said resolution, budget and levy
the following taxes for the period from July 1, 2015, through June 30, 2016, an ad valorem tax of
eight% cents ($0.800) on each one hundred dollars (5100.00) as:cssed %aluation ofall personal
property subject to taxation for school purposes in the Cite of P.'Klucah. 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 takes levied under this ordinance are summarized as fullo��s.
PURPOSE RATE PE R
S100.00
GENERAL FUND OF THE CITY:
Real Property- $0.233
Personal Property (except inventory) 50.390
Motor Vehicles and watercraft 50.390
SCHOOL PURPOSES:
PADUCAH JUNIOR COLLEGE
Real Estate $0.017
Personal Property (except inventory) $0.017
Motor Vehicles and watercraft $0.031
SECTION 10. The City of Paducah shall collect -he following tares for the
Board of Education:
PADUCAH INDEPENDENT DENT SCHOOIL DISTRICT
Real Property S0.900
Personal Property (including inventory) 50.800
SECTION 11. Property taxes levied herein shall �,e dlte and payable in the
following manner:
(l) In the case of tax bills which reflect an anrOunt due of less than Six
Hundred Dollars ($600.00), the payment dull be due on November 1.
2013, and shall be payable without penalty and interest until November
30, 2015,
(2) In the case of all other tax bills. payment ,Mall be in accordance vwh the
following provisions:
(a) The first half payment shall be due on November 1, 2013, and shall be
payable without penalty and interest until November 30. 2013.
(b) The second halt payment shall be due on February 1. 2016, and shah
be pay able without penalty and interest u::ti l February 29, 2016.
SEC TION l 2. The Provisions of this ordinance ire severable. If any provision.
section, paragraph. sentence or part thereat shall be held unconstitutional or ins a.lid. such
decision shall not affect or impair the remainder of this ordinance. it beim the legislative intent
to ordain and enact each provision, section, paragraph, sentence mid part thereof separately and
independent of each other.
SECTIOti 13. This ordinance shall be read on two separate days and «ill becoi,ie
effecti,,e upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST
Tammara S. Sanderson. City Clerk
Introduced by the Board of Commissioners September 22, 201
Adopted by the Board of Commissioners October 6. 2013
Recorded b%- Tammara S. Sanderson, City Clerk, October 6, 201
Published by The Paducah Sun, October 201
\ord` finance` -,tax rate FY2016
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Agenda Action Form
Paducah City Commission
Nteeting Date: 09/22/2015
Short Title: Ordinance authorizing the Mayor to execute a contract with Ratio Architects,
Inc. for two (2) architectural, design service options (Renovation and rehabilitation of the
existing City Hall and design services for a New City Hall).
®Ordinance ❑ Emergency ❑ Municipal Order F1Resolution ❑ Motion
Staff Work By: Jeff Pederson, Rick Murphy, Stege Doolittle, Steve Ervin,
Presentation By: Jeff Pederson, Rick Murphy, Steve Doolittle, Steve Ervin,
Background Information:
The City of Paducah published a Request for Qualifications for Architectural Services for
design of a City Hall. The Public Notice was published in the Paducah Sun on May 10'h
2015.
Four qualified proposals were received by May 26`h, 2015.
RATIO Architects, Inc.
Brandstetter & Carroll, Inc.
Murphy Graves & Trimble, Inc
RBS Design Group, Architecture
The City Hall Advisory Committee interviewed all four architectural firms on July 20`h & 21'`
and made the following recommendation:
The City Hall Advisory Committee recommends that the Cite of Paducah procure the
professional services of RATIO Architects, Inc. to provide design and architectural services
to the City of Paducah for an amount not to exceed $1,622,000. The not to exceed amount
represents the base -line approach of renovation and rehabilitation of the existing City Hall.
Lesser Architectural service fees may become evident with an option of all new building
approach.
RATIO will partner with Peck Flannery Gream Warren, Bacon Farmer Workman and
Marcum Engineering for the Architectural & Engineering Services.
Attached please find the RATIO Letter of Proposal that outlines all architectural and design
services.
Goal: ❑Strong Economy ® Quality Services® Vital Neighborhoods❑ Restored Downtowns
Agenda Action Form
Funds Available:
Account Name:
Account Number:
Project Number:
Staff Recommendation:
Page 2
inance
Wilk �>e t
�OLWJ i arm.
Staff recommends that the Commission adopt an ordinance authorizing the Mayor to execute
a contract between the City of Paducah and RATIO Architects, Inc. for two (2) architectural/
design service options (Renovation and rehabilitation of the existing City Hall and design
services for a New City Hall
Attachments:
v
Department ea City Clerk City Manager
R AT I O
Architecture Preservation Interior Design Landscape Architecture Urban Design +- Planning Graphic Design
September 14, 2015
Mr. Steve Ervin, Director of Planning
Director of Planning
City of Paducah
300 South 5' Street
Paducah, Kentucky 42002-2267
Re: City Hall Project _ RATIO Letter of Proposal v.4
Dear Steve,
This is truly a significant moment in the development of your great city. As such, RATIO is most appreciative of the opportunity to provide professional services
resulting in a signature City Hall project designed on behalf of the citizens of Paducah as their future home of governance for decades to come.
Regarding this proposal and the impending design debate discussed with you in the previous weeks —in order to best initiate a set of business terms that the
City of Paducah can formally act upon or authorize, we've chosen to describe in the following proposal letter an implied preference toward a single project
approach. That said, we carry a neutral position on the matter and when combined with the understanding that we'll investigate two (2) design options, we
believe this to be the best way to describe specific project parameters such as scope, services, schedule and compensation in a format that can be reviewed
and authorized by the Committee, or City.
Thus, we have elected to describe herein the "renovation & rehabilitation approach" as a baseline for this proposal, since it would appear to represent a more
comprehensive set of design and engineering services. Once final consensus is achieved an the best design direction to pursue at the conclusion of schematic
design, our previously contracted services would either continue per this current contract, or if necessary be amended through a change order if lesser
engineering services become evident with an optional 'all new' building approach. With your concurrence, we hereby submit the following document that
constitutes our design services proposal for your review and authorization.
PROJECT BASELINE SCOPE
In order to form the initial basis of a contract, we understand the assumed baseline project scope for now will consist of the rehabilitation and renovation of the
existing 1963 -era city hall facility which houses approximately 50,000 to 60,000 sq. ft, and is situated in the identified 'civic zone' of downtown Paducah. The
rehabilitated structure will be remodeled within to accommodate the current governmental departments and programs such as HR, General Government, PRDA,
Planning, Finance, Engineering, Fire Prevention, Public Works and an additional inclusion for relocatingGiS offices at 2,500 sf. Other functional needs will include
shared departmental office spaces and other back -of -house areas such as reception/security, lobby pre-ttinctian, commission chambers, conference rooms,
kitchenette/break room, mail center, building archives, receiving, restrooms, circulation corridors, stairs, restrooms, safe roams and mechanical/electrical
equipment rooms. We understand program areas such as Credit Union, Police or 911 Essential Services Facilities will not be part of the program scope.
As an architectural symbol of civic pride designed to welcome public participation in the process of local government, the existing renovated and rehabilitated
City Hall building may include a number of changes including 1) the introduction of a new entry vestibule and lobby with public accommodations suitable to the
public buildings of today; 2) introduction of new glazing fenestration or window details suitable for improving interior daylight into the interior; 3) introduction of
new life safety and ADA accessibility requirements with restrooms, chambers, stairs and egress; and lastly 4) introduction of new exterior material
improvements suitable for improved thermal performance of the existing uninsulated building envelope, longer lasting material weathering and a timeless
architectural building presence. In addition to the architectural modifications, as an 'essential services facility' the engineering design will include re -structuring
and/or structural repair of the failing canopy, seismic isolation design with the foundations and replacement of a majority of building MEP/FP/Telecom systems.
Regarding sustainable design services, it has been decided by the Owner to not pursue USGBC LEED certification, however due to the GIS and server rooms we
would still recommend providing fundamental commissioning as an additional service at a later date.
Regarding historic preservation, the project will seek to preserve and rejuvenate important or unique elements found in the original mid-century modern
architecture by Edward Durelt Stone, by we have not included nomination to the US National Register of Historic Places or other preservation credits. We
understand that the renovation work mentioned above will attempt to remain consistent with the original design, or if more appropriate, designed to provide a
contrast of the original design bringing respectful clarity to the comparative periods of time. Original key elements of the mid-century design do exist within the
interior of the building, however given the significant interior remodeling that is anticipated to satisfy expectations of a contemporary workplace designed for
flexibifity, adaptability, accessibility, security, sustainability and high-performance. Complete demolition of the existing City Hall is not considered part of the
project scope, as the building could remain for repurposing by other uses.
RATIO Architects, Inc. 101 South Pennsylvania Street Indianapolis, Indiana 46204-3684 317.633.4040 f: 317.633.4153
RA710mchitect5.com Indianapolis, IN Champaign, IL Raleigh, NC Chicago, IL
Mr. Steve Ervin, Director of Planning
Page 2 of 4
September 14, 2015
With regard to site scope we understand the requirements include new functional changes to the existing City Hall site, surrounding plaza porch, formal
landscaping, site lighting, site accessories, signage, service zone and lower level secured access to thefacility. The City currently owns an adjacent surface
parking lot accommodating approximately 50 vehicles, therefore new vehicular parking is not required in the baseline approach. The baseline project does not
require new driveways or street R.O.W improvements other than typical sidewalk connections and/or rrinor utility patching (note, see Design Services below
which describes additional sitework master planning and alternatives for a comparative new building approach).
We understand the City intends to relocate existing departments and staff to a temporary remote facility in theSS Building. As such, we understand the existing
City Hall will be unoccupied during the period of renovation/rehabilitation. By looking at feasible squarefootcosts and reasonable quality expectations, we
understand the project's initial hard construction budget is likely to be in the range of $15.01M depending on factors to be investigated during the programming
and schematic design phases. Please understand the construction budget shown is a preliminary guestimate at this time and will require validation or
adjustment. Further, we anticipate the City's overall total project cost will be in the range of $17.8M including miscellaneous project soft costs, fees, expenses.
furniture, fixtures, equipment, temporary relocation costs and moving expenses. We anticipate the construction budget for a comparable project of new
construction could be less than the budget described above for rehab and renovation which this process will determine. Lastly, we understand the project
construction work will be procured as a single -prime contract via a single bid -package competitively prced by a qualified list of general contractors.
DESIGN SERVICES
RATIO Architects, Inc. and its associated sub -consultants will provide Basic Services for the scope of work described above in this letter. Our services will
generally follow in accordance with the AIA B101 Standard Form of Agreement Between Owner and Architect, 2007 Edition with mutually agreed upon
modifications and amendments. In addition to the prime agreement between the City of Paducah and RATIO, we will establish an AIA Document C141 Consultant
Agreement with each sub -consultant named to the project. Related, the City of Paducah may retain other direct sub -consultants, testing agencies or surveying
representatives under separate agreement which will be identified and made known to RATIO as part of our agreement.
The design team will be led and managed by RATIO Architects, Inc. as the Design Architect/Prime Consultant. RATIO's services will be led by Principal-In-Cha(ge
Rob Proctor, AIA and Project Director Brock Roseberry, AIA. We will be supported by local PFGW Architects as the Architect of Record, BFW as StructuraVCivil
Engineer, Marcum Engineering as MechanicaVElectrical Engineer, and RATIO as Programmer, Interior Designer, Landscape Architect and Master Planner. Please
note that other specialty consultants requested by the Owner may be added to the contract as an additional service once the scope is further refined such as
with audio/visual design, commissioning (Cx), security design, FFE, graphic design, topographic surveying, digital scanning, environmental survey work, TEED
management and design, utility and storm water design, and hazardous material involvement.
Specific responsibilities will be as follows:
1) RATIO will lead overa0 management, architectural design, preservation, interior planning, interior design and landscape architecture and will facilitate the
workshop design process, committee meetings, meeting agenda, meeting summary documentation and a public presentation. RATIO will develop
documents required for schematic design and design development using Revit (BIM) modeling software, along with other software 3-D Skp programs in
communicating design intent and scope alternatives. Our design renderings will include two (2) exterior and two (2) interior images to describe the
schematic design intent, plus one (1) basic video animation fly-thru lasting up to 30 seconds in duration. During the construction documents phase, RATIO
will assist PFGW in the limited development of certain construction documents and components, During construction administration, RATIO will assist in
the review of specific material submittals, construction mock-up reviews, interior finish and iightng selections, and contractor RFI and ASI clarifications.
2) PFGW will lead technical areas including cost estimating, life/safety code reviews, ADA accessibility review, constructability, bidding/negotiabon,
construction doe's and specifications, construction admin, record drawings and certification of architectural documents for permitting and construction.
3) BFW will lead structural and civil engineering with a focus on the existing concrete canopy stabilization work, foundation redesign and interior structural
modifications as required for rehabilitating the existing building, including cost, constructability and seismic reviews. The schematic phase of the
rehabilitation scenario may include investigation of two possible options noted below, dependingon budget and scope direction:
a. BFW may investigate a combination of structural engineering isolation techniques for the existing main building mass in order to reduce seismic
effects. This structural review will also include rooftop external reinforcing of the concrete canopies to supplement the existing cantilever
reinforcement. This will also require investigating the original basement wall design which will be detached from the main level.
b. Adding conventional shear walls and the associated foundations to the main building mass to resist seismic effects along with added vertical columns
at the perimeter of the canopy to supplement the original cantilevered canopy design.
c. BFW will also provide structural and civil engineering concepts for the alternative approach of new construction for comparison.
d. Limited civil engineering will be required in the site selection evaluation process for siting a new building option.
4) Marcum Engineering will lead mechanical, electrical, fire -protection and telecommunications design for the project. They will also provide fundamental
engineering review in the schematic design comparison for a newly constructed building.
Our basic services and workshop intervals will involve the consecutive and sequential phases of schernatic design (2 workshops), design development (3
workshops), construction documents (4 workshops), bidding and negotiation, construction administration (8 construction field visits), Except that
programming/master planning and schematic design will run concurrently, each phase of design work beyond thatwill require formal approval from the
Committee prior to advancing the design to the next phase of work. We will conduct the specified number of workshop and site visits in each phase in order to
maintain an effective schedule of deliverables and to maintain a reasonable number of visits and assodated reimbursable travel costs. We anticipate the City
will provide departmental review at the 50% and 85% complete levels of construction documents.
Mr. Steve Ervin, Director of Planning
Page 3 of 4
September 14, 2015
We understand the City of Paducah will make available for our use necessary reference documentation like existing CAD/Lidar topo surveys, aerial mapping,
previous space needs analysis, utility surveys, existing building as -built documentation, environmental reports and geotechnical sub -surface investigations.
ADDITIONAL DESIGN SERVICES INCLUDED
Additional Schematic Design of New Building for Comoarlson
RATIO understands the additional request to design a new City Hall building alternative for compamsan Nith the baseline renovation/rehabilitation approach
described previously. The new building program will match closely with the renovation program in terms of square footage, building cost limitations, types
of program spaces, features and design significance, however the process identified herein will assesswhether the overall gross square footage needed in
the new building approach may be less than what is required in the rehabilitation approach. The neva building design will not include 911 Essential
Services and will be tied to only one (1) site to be selected by the Committee during the programming and site selection additional service listed below.
Please note thatour services for this additional design option will run concurrent and simultaneous with the baseline option to maintain efficiency of
design time and travel, in that no additional meetings or presentations will be necessitated. The addilional and simultaneous schematic design will be
developed with only minimal or diagrammatic level of planning detail and building massing to estimate probable cost and to bring a majority consensus
vote within the committee— our deliverables will include interior floor plans, elevations, rendering, siteplan and projected costs.
Departmental Space Needs Programming New Building Site Selection & McNutt Plaza Master Plan
RATIO and its consultants will provide space programming, site selection facilitation and master planning for McNutt Plaza as one grouping of like -services
requiring up to two (2) workshops to be completed in advance of schematic design, although certa'n schematic design tasks will need to be authorized
such as site survey work, existing building documentation and modeling, structural assessments,,14E systems and cost budgeting. Programming will
include review and consultation with City leadership and department directors to understand the most recent staffing and space utilization requirements,
including future growth or reduction. We will provide 30 program diagrams along with a square footagematrix to summarize the basis of design.
The site selection effort will facilitate the City in finalizing the review of optional sites to accommodate a new City Hall building. The process will evaluate
the pros and cons in order to reduce the list of preferred sites from the current three (3) sites down to one (1). The site design effort will also investigate a
long term master plan for the existing McNutt Plaza, incorporating contemporary public park impro:enents to enable future programming, pedestrian
access, group seating, a new water feature or fountain, a performance stage, repositioned existing memorials, universal accessibility to all areas, improved
maintenance and seasonal use, festival power requirements, personal safety, site lighting, enhancedplant material, pervious paving and irrigation
systems. Also included in the study will be how the Plaza is affected or impacted given the potential location of a new City Hall on the plaza site (if
chosen), or the potential closure of 51 Street as a building site if chosen as well.
PROJECT SCHEDULE
We are prepared to commence design services within one (1) week of receiving written authorization to proceedwith the design. For purposes of this proposal
and the invoicing schedule, we anticipate the following design phase durations to include four (4) weeksfor programming review, site selection and McNutt
Plaza master planning; six (6) weeks for both simultaneous schematic design options; nine (9) weeks for design development of the final option; fifteen (15)
weeks f or construction documents of the final option; four (4) weeks for bidding/negotiation; and a maximum of seventeen (17) months for construction
administration to achieve substantial completion. Given one (1) week of review between each design phase, our design services will commence in October 2015
and run continuously through June 2016. Our bidding and construction administration services will run frern July 2016 and conclude in January 2018.
COMPENSATION
In consideration of the Project Scope, Services, Budget and Schedule, RATIO will provide these Basic Senices for a stipulated lump sum fee of One Million Six
Hundred Twenty Two Thousand Dollars ($1,622,000.00) including the following additional services itemized below. Our team has based our services on a range
of estimated work and a percentage of construction using the following equation {7.25% for new x 1.330% for renovation = 9.646%1.
Service Category
Basic Services for the Renovation/Rehabilitation Approach
Add'I SD of New Building Comparison
City Hall Program'g, Site Selection & Master Plan McNutt Plaza
Total Lump Sum Fee (100%)
Additional Services Excluded
Fundamental Commissioning
Audio -Visual, Security and FFE Design
Topographic Surveying & Digital Scanning
Environmental Surveying & Engineering
USGBC LEED Management, Design and Enhanced Commissioning
Civil Engineering Utility and Drainage Design
Special Inspection Fees and Geothermal Test Bore Allowance
Geotechnical & Subsurface Exploration
911 and Essential Services Facility Design
Temporary City Hall Relocation Planning
Design Services Fee
$ 1,441,000
$ 110,000
65.00
$ 1,622,000
En,eineerinz fees Ad)
Mr. Steve Ervin, Director of Planning
Page 4 of 4
September 14, 2015
REIMBURSABLE EXPENSES
Expenses attributable to your project will be invoiced as a Reimbursable Expense at 1.10 times the item's expense. We estimate typical reimbursable expenses
for items A through E will not exceed an estimate of Ninety Thousand Dollars ($90,000.00). We will only invoice for expenses incurred in the interest of the
project and will provide back-up receipts with our invoicing as required. Any monies remaining within this estimate at the completion of the project will revert
back to the client in full. Expenses may include:
A. Drawing Reproduction/Photographic Reproduction F. Additional Renderings, Physical Models and Video Animation/Fly-through
B. Copying G, Surveying/FieldMeasurinoaser Scanning and Verifications
C. Supplies & Materials for Presentation H. Agency Reviews and Fees if outside of theCity's perview
D. Mailing/Express Mail I. Other, approved, miscellaneous expenses in the interest of the project
E. Mileage/Lodging/Meals/Auto Rental/Travel
ADDITIONAL SERVICES
$1,000,000 each Occurrence Limit, $2,000,000 Aggregate
Any additional services that you may request beyond the identified Basic Services will be invoiced at thehourly
rate of the personnel assigned to the task. If an
additional service is requested, we will prepare a written proposal, identifying our services and compensation for your review and approval prior to initiating such
services. Our 2015 hourly rate schedule is as follows, subject to annual adjustment:
Professional Liability
1. Principal 1 $235.00 7. Senior Professional
$140.00
2. Principal $210.00 8. Professional
$115.00
3. Associate Principal l $200.00 9. Graduate Professional
$100.00
4. Associate Principal 2 $175.00 10. Intern
$75.00
5. Senior Associate $160.00 11. Administrative
$75.00
6. Associate $150.00
PAYMENT SCHEDULE & INSURANCE LIMITS
Invoices will be monthly in proportion to services performed with payment due upon receipt. Any amounts unpaid thirty (30) days after being received will bear
interest at one and one half percent (1112%) per month accrued. As it relates to our standard policy coverage, we will maintain project specific insurance
coverage with the following limits:
General liability
$1,000,000 each Occurrence Limit, $2,000,000 Aggregate
Automobile Liability
$1,000,000 CSL each accident, $1,000,000 for Hired and Non -Owned Liability
Worker's Compensation
$500,000 each Accident, $500,000 Disease Policy Limit
Professional Liability
$3,000,000 per Claim, $3,000,000 Aggregate
ABANDONMENT
If the project is abandoned, in part or in whole, payment on account of the services performed will be madeupon presentation of a final accounting of services
rendered and expenses incurred since the last paid invoice to the date of such action.
Please review this proposal and if all is in order and return a signed original for ourfite, atwhich time wewill draftan AIA agreement for execution, If you have
any questions, do not hesitate to contact me directly. Thank you for considering the RATIO team for this most exciting project.
All the best,
lq4 a,6_2 -
Rob Proctor, Jr, AIA, LEED AP
Principal I Vice President
Cc: Brock Roseberry. AIA — RATIO Architects, Inc.
AUTHORIZATION TO PROCEED:
Authorized by the City Hall Building Committee Representatives Date
City of Paducah I Commonwealth of Kentucky
ORDINANCE NO. 2015 -10 -
AN ORDINANCE ACCEPTING THE PROPOSAL OF RATIO ARCHITECTS,
INC. FOR TWO (2) ARCHITECTURAL/DESIGN SERVICE CFTIONS (RENOVATION AND
REHABILITATION OF THE EXISTING CITY HALL AND DESIGN SERVICES FOR A
NEW CITY HALL), AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR SANTE
WHEREAS, the City of Paducah published a Request for Qualifications for
Architectural Services for Design of a City Hall in the Paducah Sun on May 10, 2015; and
WHEREAS, four qualified proposals were received by May 26, 2015; and
WHEREAS, the City Hall Advisory Committee interviewed all four architectural
firms on July 20 and 21, 2015; and
WHEREAS, the Committee recommends that the City of Paducah procure the
professional services of RATIO Architects, Inc., to provide design and architectural services.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the proposal of RATIO Architects,
Inc., in an amount not to exceed S 1,622,000, for two (2) architectural/design service options
(renovation and rehabilitation of the existing city hall and design services for a new city hall),
said proposal being in substantial compliance with the Request for Qualifications, instructions
and requirements, and as contained in the proposal of RATIO Architects, Inc. of May 26, 2015,
SECTION 2. That the Mayor be authorized to exccule a contract with RATIO for
two (2) architectural/design service options (renovation and rehabilitation of the existing City
Hall and design services for a new city hall), authorized in Section 1 above.
SECTION 3. This expenditure shall be processed through the City Hall Design
project account
SECTION 4. 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 5. 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 6. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent lofsuch conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
SECTION 7. Effective Date. This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 22, 2015
Adopted by the Board of Commissioners, October 6, 2015
Recorded by Tarnmara S. Sanderson, City Clerk, October 6, 2015
Published by The Paducah Sun,
ord\.plan\contract-architectural & design services—city hall
Agenda Action Form
Paducah City Commission
Meeting Date: September 22, 2015
Short Title: Authorize Payment for emergency repair of the Cooling Tower at
the Parks Service building located at 1400 H. C. Mathis Drive
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
The Parks Service building located at 1400 H. C. Mathis Drive, Air Conditioning Cooling
Tower became inoperative and did not properly _ . cool the building. Three quotes were
obtained to remove and replace the Air Conditioning Cooling Tower, all in excess of
$20,000. The lowest bid received for this work is in the amount of $26,800.00 as submitted
by Commercial Marine & Industrial Heating & Air Conditioning, Inc. Due to the high
summer temperatures, the City Manager declared an emergency to exist on September 3,
2015, necessitating the immediate replacement of the Cooling Tower at the Parks Service
Building located at 1400 H. -C. Mathis Drive. Therefore, Conmercial Marine & Industrial
Heating & Air Conditioning, Inc. was contacted and directed to proceed with the replacement
of the Cooling Tower and the replacement work is in progress.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: E nw p Pv V.1 PI-AAX-7
Account Number: Dol -SZ l(v- 531- 3306' mance
Staff Recommendation:
To authorize the Finance Director to pay Commercial Marine & Industrial Heating & Air
Conditioning, Inc., $26,800 upon the completion of the emergency replacement of the
Cooling Tower at the Parks Service Building located at 14001. C. Mathis Drive.
Attachments:
Emergency Declaration and quotes
Depart ent d City Clerk City Manager
CITY OF PADUCAH
Jeff Pederson 300 South 5ch Street
Ciry �(anaQer P. O. Box 2267
Paducah, nY 42002-2267
Phone: (270) 444-8503
Fax: (270) 443-5058
Email: jpederson@ci.paducah.ky.us
September 3, 2015
The Parks Service building, located at 1400 H. C. Mathis Drive,Air Conditioning Cooling Tower
has become inoperative and does not properly cool the building. Three quotes have been
obtained to remove and replace the Air Conditioning Cooling Tonler, all in excess of $20,000.
The lowest bid received for this work is in the amount of $26,800.0D as submitted by
Commercial Marine & Industrial Heating & Air Conditioning, Inc. Due to the high summer
temperatures, it is crucial that the repair of the Cooling Tower be completed as soon as
possible.
Therefore, pursuant to Section 2-659(1) of the City of Paducah Procurement Code, an
Emergency is hereby declared to exist necessitating the immediate replacement of the Cooling
Tower at the Parks Service Building located at 1400 H. C. Mathis Drive. The City Engineer -
Public Works Director is hereby directed to take all actions necessary to proceed immediately
with the appropriate repairs required. Subsequent to completion of this work, an Ordinance will
be presented to the Board of Commissioners for authorization of payment.
Je ederson, City Manager
EQUAL OPPORTUNITY EMPLOYER TDD q,`� TDD 1-800-247-2510
Commercial Marine& Ldustrial itionin Inc.
Heata�g &Aar Conditioning,
Post Office Box 3374
Paducah, Kentucky 42002-3374
August 17, 2015
City of Paducah
Mr. Randy Crouch
1120 North 10"' Street
Paducah, Ky. 42001
Phone: 270-575-3263
Fax: 270-575-3296
PROPOSAL for Cooling Tower Replacement
CNI1 Heating & Air Conditioning is pleased to provide you with the following f-roposal. Replace BAC Cooling
Tower servirig water source heat pumps.
SCOPE of WORK
> Remove old cooling tower and dispose of;
➢ Install one (1) BAC Model # VTL-082-K Cooling Tower Unit;
v Hook to existing electrical, water piping, drain lines and controls;
v Supply crane to install new tower;
> Preform start up on system and check for proper operation;
➢ Provide factory warranty on new equipment and one (1) year labor warranty,
TOTAL PRICE .............. $26,800.00
A11 material is guaranteed to be as specified. All work to be completed in it workmanlike manner according (csiandard praelices. Any alteration ordeviarion
from above specifica I ion involving ex(ra cost will be executed only upon written orders, and will become an .r!racharge over and above the estirmte. All
agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry Circ, tomado and 100 necessary insurance. Our workers are
fully covered by Worker's Compensation.
Acceptance of Proposal- The above priees, specifications and conditions are srrrisfactor-v and rlrtioln eby accepted, You are authorized ro do rhe
work as specified, Pa�atren i is expected it/loot comnlelior+ of the work urriess odter prim•arrangennerus have be;nnnadc
Owner's Signature: Dve of Acceptance:
CMI Representative: , r1-1 �C) Quotation Expires in 30 days:
Roger p�J tt
Phone: 270-366-7732 Fax: 270-408 594
8-17-2015
RE: Paducah park dept \ Randy
Quote to replace cooling tower
Scope
Remove old tower
Set new tower
Piping
Electrical
Start up
Parts and Labor $33,430.00
L
This quote does not include Chemical treatment
Please let us know if you have any questions or concerns.
Sincerely,
Matt Ingram Keith Syerly
Owner/Operator Estimator, Project Manager
Phone: 270-217-7356 Phone: 270-816-5781
Email: matt@!clmech.com Email: keith@icimech.com
Prepared For:
City of Paducah
iers fleatimy
lfebsite: www.fiersheatingandac,com
869 N. H.C. Mathis Dr,
P.O. Box 522
Paducah, KY. 42002-0522
Phone: 270-444-7336 Fax: 270-4.44-7336
In Reference To: Parks Dept.
RECEIVED
AUG 2 0 2010
EINGINi:E:'R11\'s J
DEPARTMENT
tum 10 the expert
Date: August 19, 2015
�rtotation #: 050
Customer #: 46
This Quote isyilid for one month from the date is was prepared.
Description
OMNI
I - Baltimore Air Coil Cooling Tower
N14 VTL-032-K
Installation & Start Up
Material & Labor
Could possibly take up to 12 weeks to get in depending if the have it in stock:'
I
529,576.65
R
I
I
THANK YOU FOR YOUR BUSINESS!
Agenda Action Form
Paducah City Commission
Meeting Date: September 22, 2015
Short Title: Memorandum of Agreement with Paducah & Louisville Railway,
Inc., for Improvement to an Existing At -Grade Railway Crossing for the Olivet
Church Roadway Project
®Ordinance ❑ Emergency [I Municipal Order Q Resolution :] Motion
Staff Work By: Angela Weeks, EPW Proj Mgr
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
As designed, the Olivet Church Roadway Project requires improvement to an existing at -grade
railway crossing owned by Paducah & Louisville Railway "P&L," which is located on Olivet
Church Road near Commerce Drive. Due to the expertise level required to improve the
existing railway crossing, P&L has agreed to perform the required work in accordance with the
attached Memorandum of Agreement. The MOA states that P&L will be responsible for all
aspects of the work related to the completion of the railway crossing, including project
documents, plans, specifications, construction, permits, inspection and testing.
Upon completion of the railway crossing work by P&L, the City will reimburse P&L the total
amount of $196,381.81. Any costs in excess of this amount will be the responsibility of P&L.
However, the City will be responsible to pay on a separate invoice all temporary railway
flagging expenses. Additionally, the City will be responsible forthe maintenance of traffic and
the removal of excess crossties or ballasts.
In order to facilitate payment to P&L for this railway crossing work, it is requested that a
portion of the remaining Series 2013B Bond Proceeds be transferred to the Olivet Church
Roadway Project Account ST0039.
Goal: ®Strong Economy ®Quality Services ®Vital Neighborhoods ❑Restored Downtowns
Funds Available; Account Name: Olivet Church Roadway Proj 9 15
Account Number: 040-3315-532-2307 S10039 Finance
Staff Recommendation:
To adopt an Ordinance authorizing the Mayor to execute a Memorandum of Agreement with
Paducah & Louisville Railway, Inc., for Improvement to an Existing At -Grade Railway
Crossing for the Olivet Church Roadway Improvement Project and to authorize the Finance
Director to issue payment to P&L for the following:
To authorize the transfer of a portion of the remaining Series 2013B.Bond Proceeds to
the Olivet Church Roadway Project Account ST0039.
To pay P&L $196,381.81 upon completion of the railway crossing work.
To pay P&L the total costs associated with railway flagging on a separate invoice.
Agenda Action Form
Attachments:
Memorandum of Agreement and the railway crossing costs.
Depart nt H'eadr�/� City Clerk City Manager
Page 2
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF PADUCAH, KENTUCKY
AND
PADUCAH & LOUISVILLE RAILWAY, INC.
This MEMORANDUM OF AGREEMENT ("MOA") is entered into by and
between the CITY OF PADUCAH, KENTUCKY ("CITY") and PADUCAH & LOUISVILLE
RAILWAY; INC. ("GRANTEE").
Purpose
The purpose of this Memorandum of Agreement ("M -OA") is to set forth the
duties and obligations of the parties in the distribution of Kentucky Transportation
monies by CITY pursuant to an ordinance adopted by the Board of Commissioners of the City
of Paducah, Kentucky on , 2015 (the "Ordinance"), and the use by the GRANTEE
of those funds for improvement of a public, at -grade rail crossing located at Olivet Church
Road, Paducah Kentucky (the -PROJECT`),
Section 1. Project Work
(a) Scope of Work and Budget Summary. The GRANTEE agrees that the PROJECT shall be
undertaken and completed as described in the Scope of Work and Cost Estimate (Exhibit A.
attached hereto and incorporated herein) for the amount authorized herein. Any cost in excess
of the awarded amount that is necessary for completion of the approved Scope of Work and
any authorized or unauthorized change to the PROJECT is the sole responsibility of
the GRANTEE.
(b) Notice to Proceed. After this MOA is signed by the parties, the CITY shal I issue a Notice
to Proceed (",NTA") to the GRANTEE authorizing work to begin on the PROJECT. Within
ten (10) days of the start of the PROJECT, GRANTEE shall notify CITY that the PROJECT
has begun and the estimated completion date. Expenditures made by the GRANTEE prior to
the effective date of the NTP shall not be reimbursable.
(c) Project Documents Plans. and Specifications. The GRANTEE shall have all PROJECT
documents, any final design plans and specifications preapproved by CITY prior to beginning
work.
(d) Standards and Practices. In performing the construction; the GRANTEE shall
comply with the design plans and specifications and applicable state and association design
and construction criteria and recommended practices for the type of work undertaken on the
PROJECT. The GRANTEE expressly disclaims all other representations and warranties in
connection with the design plans and specifications, including, but not limited to, the integrity,
suitability or fitness for the purposes of the CITY or any other persons.
(e) Construction Administration and Inspection. The GRANTEE shall be responsible for all
aspects of administration; testing, and inspection to ensure the materials and construction meet
applicable specifications. This shall include providing on-site inspection of any contractor work
activities and the prompt processing of required paperwork associated with any construction
contract.
(f) Field Inspections. Prior to work commencing on the PROJECT, CITY may conduct a pre -
inspection. Upon the completion of the PROJECT, CITY shall conduct a final inspection to
verify that all items in the Scope of Work have been completed as outlined in the MOA. The
GRANTEE agrees to allow CITY at its discretion to conduct PROJECT inspections to verify
progress and completion of the Scope of Work in conformance with the MOA.
(g) Permits and Licenses. The GRANTEE shall obtain all permits and licenses required to
initiate, perform, and complete all phases of the PROJECT priorto beginning work, including
those permits to be obtained from CITY for work on or along CITY right-of-xvay.
(h) Maintenance Obligations. The GRANTEE, its successors, subsidiaries, and assigns, shall
maintain the real property and facilities improved pursuant to the PROJECT in a condition
acceptable for the transportation purpose of the type and volume contemplated by the
PROJECT, for the estimated life of the crossing surface.
{i) Paving and Striping. The CITY shall be responsible for all detour signage, paving and
striping and shall remove excess crossties or ballast deemed by GRANTEE as scrap, at CITY's
sole expense.
0) Flagging. If GRANTEE deems it advisable, during any period of construction, to place
temporary flaggers for protection of workers on or near the right of way, GRANTEE shall have
the right to do so at the expense of CITY. GRANTEE shall separately invoice the CITY for
flagging at the end of the Project according to the rates set forth in Exhibit B. The invoice shall
be due and pa; able within thirty (3 0) days.
Section 2. Payments
(a) Funding. The CITY's share of the total cost of this PROJECT shall be $196,381.81 (not
including flagging expense). Upon submittal of an invoice by the GRANTEE, the CITY agrees
to reimburse the GRANTEE the amount within thirty (30) days from the date of receipt.
(b) Allowable Costs. The reimbursable PROJECT costs allowed by this MOA shall be those
reasonable costs related to the Scope of Work that are supported by appropriate documentation
including: proof of payment; work progress reports, expense billing statements, cancelled
checks, bank statements, verified affidavits, and employment reports. Invoices for those
allowable costs and reimbursement requests for allowable labor costs for the GRANTEE shall be
submitted to CITY upon completion of the PROJECT.
-2 of 5-
Section 3. Duration
(a) Execution and Effective Date, It is understood that the effectivedate of this MOA shall be
the date signed by the parties.
Section 4. Reporting
(a) Final Reporting. Upon completion of the PROJECT, the GRANTEE shall notify CITY by
letter that the PROJECT is complete and shall provide adequate documentation of PROJECT
expenses, All charges shall be supported by properly executed invoices, contracts, vouchers, and
receipts for any materials, equipment, and labor used on the PROJECT evidencing in proper
detail the nature and propriety of the charges. Charges shall show a proof of disbursement in
the form of a copy of the cancelled check paying the invoice, or a PAID stamp on the invoice
with the paid date.
(b) Certification Letter. With the documentation of the PROJECT expenses, the GRANTEE
shall submit a letter to CITY that certifies that: (1) the work detailed in the expenses has
been performed and the costs have been incurred in accordance with this MOA; (2) that the
costs shown are verified and are true and correct; and (3) that the expense documentation
involves no degree of duplication.
Section 5. Audit and Inspection
(a) Audits. The GRANTEE shall permit CITY or their authorized representatives to conduct
field reviews, to interview any officer or employee, and to inspect, audit, and approve all phases
of the PROJECT. The GRANTEE agrees to allow CITY or their authorized representatives
access to any books, documents, papers, records, or other evidence, which are directly
pertinent to the MOA for the purpose of financial audit or program review as outlined in the
MOA. Each contract and subcontract shall specifically require this permission,
(b) Post Audit Fund Reimbursement. If an audit determines that the GRANTEE was paid any
amounts in violation of the MOA, upon written notification by CITY the GRANTEE shall
reimburse CITY any grant funds for unallowable expenditures.
(c) Record Retention. All checks, invoices, contracts, vouchers, orders or other
accounting documents pertaining in whole or in pail to the PROJECT shall be clearly
identified; readily accessible, and to the extent feasible, kept separate and apart from all other
such documents. The GRANTEE shall maintain all .PROJECT records for three (3) years after
the PROJECT is completed.
(c) Prohibited Interest, The GRANTEE agrees to be bound by, and shall comply with the
requirements of the Executive Branch Code of Ethics KRS Chapter 1 1 A and KRS 45A.340 in its
dealings with any member, officer, employee. or agent of CITY during his or her tenure or for
one (1) year thereafter.
Section 6. Dispute Resolution and IndernniiFication
(a) Dispute Resolution. Any dispute concerning a question of fact in connection with this
MOA that cannot be resolved shall be stated in writing and submitted for arbitration in
accordance with the rules of the American Arbitration Association.
(b) Indemnity. GRANTEE shall indemnify and hold the CITY harmless against any and all
claims, demands, obligations or litigation that result from: i) any material breach of the MOA by
GRANTEE; ii) any and all negligent acts of GRANTEE; and iii) any policy or procedure of the
GRANTEE that violates applicable federal, state or local laws.
Section 7. Termination, Cancellation, and Modification
(a) Change Orders. The GRANTEE shall submit any requests for changes to the Scope of Work
(Attachment A) in writing to the CITY with substantial justification. All approved changes to
the Scope of Work shall be executed by the CITY and by the GRANTEE, but such approval
shall not increase the funding obligated to the GRANTEE under this MOA.
(b) Termination or Cancellation. CITY may terminate this MOA prior to the start of the Scope
of Work. In such event the CITY shall reimburse GRANTEE for any work that was done after
the date of the NTTP, all costs reasonably incurred by GRANTEE to discontinue the work and for
the cost of any material ordered for the Project.
Section 8. Summary of Attachments
(a) Scope of Work. The GRANTEE agrees that the PROJECI' shall be undertaken and
completed as described in the Scope of �A7ork.
(b) Invoice. An invoice(s) for allowable costs shall be submitted to CITY upon completion
of the PROJECT.
-4 of S-
IN TESTIMONY �YIJER.EOF, the parties have hereto caused this agreement
be executed upon signature by their proper officers and representatives.
CITY OF PADUCAH, KENTUCKY
Gavle Kaler, T\4ayor
Gayle
Date:
PADUCAH & LOUISVILLE RAILWAY, INC.
B};
Gerald F. Gupion, VT, & Chief Engineer
Date:
-5 of 5-
PADUCAH & LOUISVILLE RAILWAY, INC
FLAGGING RATES 2015
Per 8 Hour Day:
Flagman $ 90.03 per hour
Truck $ 287.80 per day
Overtime .Rates:
Flagman $ 935.04 per hour
Truck $ 35.9B per hour
PADUCAH & LOUISVILLE RAILWAY, INC.
Estimate to reconstruct Olivet Church Road with 120tf of concrete crossing • 160tf of new 115# rail
6/1/2015
LABOR:
Foreman -
^80; hours
$
28.00 hour
S
2,240.00
Machine Operator -O
hours
$
24.78 hour
S
1,982.40
Trackman -
,400 hours
$
24.78 hour
$
11,894.40
Welder -
1V hours
$
28.00 hour
$
448.00
Welder's Helper •
;'``+16ihours
$
24.93 hour
$
398.88
Signal Maintainer -
,,<2g•hours
$
29.00 hour
$
696.00
Signalman -
'' 0. hours
$
hour
$
-
Lead Signalman •
`0 hours
S
hour
S
Signal Foreman •
0' hours
S
hour
$
TOTAL LABOR
$
17,659.68
17,659.66
PER DIEM (ENGINEERING)
- 25!days
$
4300 day
$
1,075.00
$1,075.00
PER DIEM (SIGNAL)
0; days
S
day
S
OVER HEAD 2.26% on Labor
$39,734.28
539,734.28
MATERIALS:
Crossing -
120 i
$
288.00 if
S
34,550 00
Crossties-7x9x10'
,fl'keach
S
70.00 each
S
7,980.00
Tie Plates-
-,228 each
$
11,50 each
$
2,622.00
Rail, #
.6'A-61 n.t.
$
1,150.00 n t.
$
7,049.50
Spikes -
A' keg
5
62.00 keg
$
248.00
Anchors-
:; 6M each
S
1.8500 each
S
1,110.00
Welds -
each
$
150.00 each
S
900.00
Asphalt
leach
$
each
$
Signal, ins. Joints misc..
a set
S
set
$
Switch Stand -
y: `Oi each
$
each
$
-
Ballast-
160;tons
$
9.25 tons
$
1,480.00
TOTAL MATERIAL
$
55,949.50
$55,949.50
Ky sales tax 6%
$3,356.97
$3,356.97
Total Material
$59,306.47
$59,306.47
EQUIPMENT
Backhoe
6 day
$
267.00 day
$1,602.00
Tamper
1 -Jan day
$
1,789.00 day
$1,789.00
Regulator
1 day
$
1,026.00 day
$1,026.00
Truck 1 Ton
8 day
$
242.00 day
$1,936.00
Truck 1.5 Ton
8 day
$
293.60 day
$2,348.80
Total Equipment
$8,701.80
$8,701.80
TOTAL JOB ESTIMATED COST $108,817.55
Note. This proposal is based on a total closure of the crossing for 4 work days for railroad work. All paving and detour signage by the City Of Paducah.
Any excess wossties or ballast deemed scrap by railroad to be removed by City.
Paducah & Louisville Ry., Inc.
C.D. Edwards
General Supervisor
1400 BELL AVE.
Paducah, KY 42003
(270) 444 - 4375
CELL(270) 3314375
cdadwardsAj)s1rr.co m
ESTIMATE
ACTUAL COST MAY VARY
TO: Rick Murphy, Paducah City
CC:
ESTIMATED cost for; Relocation of Cantilevers & Gates
at Olivet Church Rd.
Paducah, Ky.
Estimator:
PROJECT#
Cost Estimate:
C.D. Edwards
TSD
$87.564.26
pg
Date:
RC Number
AAR-DOT #
20 -May -15
117
296 677 D
DAYS—
A
RATEIDAY
AMOUNT
PART NO.
CITY,
PARTS DESCRIPTION
PRICE EACH
$240.00
AMOUNT
2
Per Diem Per Man Per Day
MATERIAL
35,354.03
ITTRUCK
35364 03
HIRAIL UTILITY BED
$287,80
_$2,59010
0
MEALS AND LODGING
1120,00 $
_T
TOTAL VEHIMISC.1
$2,854.20
7 77,77-7 u,
71
HOURS
DESCRIPTION
RATEJHOUR
AMOUNT
28
SIGNALMAN
$26.90
$753.20
84
SIGNAL FOREMAN
$28.60
2.419.20
14
SIGNAL INSPECTOR
$29.12
$407.68
Total Labor:
$3,680.08
OVERHEAD I
221,53%, Overhead:
$7,930.95
I
TOTAL
$11,511.03
TOTAL MATERIAL 'w
35� 364.03
Contract Labor
4 28,245.00
$
28,245.00
Contract Equipment
1 5,100.00
$
5,100,00
Contract EnnIneering
4 3,000.00
3,000.00
1
AIS Redraw
1 1,600.00
_L
$
11 500'00
SUBTOTAL $
73,199.03
L
TOTAL MATERIAL, CONTRACT SERVICES& FREIGHT $ 73,199.03
GRAND TOTAL $87,664.26
pg
MISC.
DAYS—
DESCRIPTION
RATEIDAY
AMOUNT
PER DIEM
8
Per Diem Per Man Per Day
$40.00
$240.00
PER DIEM
2
Per Diem Per Man Per Day
$12.00
$24.00
ITTRUCK
9
HIRAIL UTILITY BED
$287,80
_$2,59010
0
MEALS AND LODGING
1120,00 $
_T
TOTAL VEHIMISC.1
$2,854.20
7 77,77-7 u,
71
HOURS
DESCRIPTION
RATEJHOUR
AMOUNT
28
SIGNALMAN
$26.90
$753.20
84
SIGNAL FOREMAN
$28.60
2.419.20
14
SIGNAL INSPECTOR
$29.12
$407.68
Total Labor:
$3,680.08
OVERHEAD I
221,53%, Overhead:
$7,930.95
I
TOTAL
$11,511.03
GRAND TOTAL $87,664.26
P&L
Olives Church Road
FORCE ACCOUNT ESTIMATE
EFFECTIVE DATE: 05-20-2016
DOT1i:296577D
STATE PROJECT M
ttt-1.30
OP #
CONTRACTOR: INTERRAIL
LOCATION NAME: Olivet Church Road
ESTIMATE It. 1
LOCATION DESCRIPTION!Reloca0on OF Cantilever gate oomboa and re cable emsain
QTY ITEM DESCRIPTION
COST
1 MATERIAL SHOP MATERIAL
$0.00
1 MATERIAL CONSUMABLES MATERIAL
$300,00
1 MATERIAL FIELD MATERIAL
$31,478-90
1 MATERIAL SUB TOTAL MATERIAL
$31,778,90
1 TAX SALES TAX
$1,986,18
1 FREIGHT 5% OF MATERIAL
$1,58695
GRAND TOTAL MATERIAL
$35,351.03
DAYS LABOR DESCRIPTION
COST
5o CONSTRUCTION 1 MANDAY = 10 HOUR WORKDAY PER MAN = $350.00 PER MANDAY
$1150000
0 SHOP 1 MA.NDAY= 10 HOUR WORKDAY PER MAN =11$350.00 PER NIMOAY
$0.00
51 MEALS & LODGING SUBSISTENCE FOR CONSTRUCTION FORCES - $95.00 PER DAY
$4,845.00
1 SUPERVISION INTERRAIL IN SERVICE TESTING AND SUPERVISION 0 $90.00 PER HOUR
$900.00
BORING -FT 100 $50 PER FOOT
$5000.00
TOTAL MANPOWER
$28,245,00
GAYS ITEM DESCRIPTION
COST
6 BACKHOE 4 WHEEL DRIVE
$1.200.00
0 DUMP TRUCK 2-1/2 TON
$0.00
6 TRUCK & TRAILER UbfltyTludt with tools
$900.00
6 BOOM TRUCK 76' HYDRO -BOOM
$1,200.00
_
0 80 HP TRENCHER HERTZIVERMEER
$0.00
12 TRUCK & TRAILER EQUIPMENT TRUCK AND TRAILOR
$1,800.00
0 AIR COMPRESSOR 350 CFM COMPRESSOR WIPAVEMENT BREAKER JACKHAMMER
$0.00
0 OUMPSTER REFUSE CONTAINER AND DISPOSAL FEE PER MONTH
$0.00
0 PORT -A -JON PORTABLE REST ROOM PER MONTH
$0.00
TOTAL EQUIPMENT
$5,100.00
UP-TQ-DAiE ALANS
CONTRACT ENGINEERING
$1,600.00
53,000.00
P&L- CROSSING TOTAL ESTIMATED Sloul COST?
_
$73,199.03
NOTE: THIS ESTIMATE DOES INCLUDE INSTALLATION OF POWER SERVICE, PLACING SYSTEM IN
SERVICE- Does not include any aid to construction for A.C.power.
DISCLAIMER: THIS ESTIMATE SHOULD BE CONSIDERED VOID ONE YEAR FROM THE DATE OF
ESTIMATE. IT DOES NOT INCLUDE LABOR AND MATERIAL FOR AC POWER OR ANY OTHER UTILITY AID
TO CONSTRUCTION.
PROJECT WOULD BE COMPLETED WITHIN 160 DAYS OF NOTIFICATION TO PROCEED.
P&L
Olivet Church Road
LIST OF MATERIALS -SHOP
NON -ORDER ITEMS FOR ESTIMATE ONL
EFF, DATE,05-20-2015
I DOT #286 371 D
STATE PROJECT #;
MILE POST,38,65
OP #:
CONTRACTOR: 1NTERRAIL
LOCATION
NAME:Olivet
Church Road
ESTIMATE #: 1
LOCATION
DESCRIPTION: Relocate Cantilevers and re cable crossIn
QTY
ITEM NUMBER
DESCRIPTION
UM
PRICE
COST
0
0017605
WIRE, CASE NO. 10 AWG FLEK
FT
0.60
$0.00
0
0017607
WIRE CASE TW. PR, NO. 10 AWG
FT
1.00
$0.00
0
0017625
WIRE CASE TW. PR. NO. 14 AWG
FT
0.45
$0.00
0
0017620
WIRE CASE NO.14 AWG FLEX OKONITE 112-11-3024
FT
0,661
$0.00
0
0017635
WIRE OKONITE DEL, 0018 AWG #6
FT
1.25
$0.00
0
GBAR
TERMINAL RING AMP 35628 YELLOW #16-#14
EA
0.90
$0,00
0
LS5-HS6
PANDUIT HEAT SHRINK TAGS
EA
90.00
$0.00
0
GBAR
TERMINAL RING AMP 35627 BLACK #12-#10
EA
0.961
$0.00
0
GBAR
TERMINAL RING AMP 322051, BLUE FOR #6 WIRE AND 114" STUD
EA
1.26
$0.00
0
GBAR
TERMINAL„ WIRE AMP 322007 BLUE FOR #6 WIRE AND 3/8" STUD
EA
1,25
_ $0,00
0
9999992
HOUSE SIGNAL HANDLING CHARGE
EA
100,00
$0.00
0
N/A
ELECTRICAL. SERVICE INSPECTION FEE
EA
150.00
$0.00
1
LOT
MISC. SCREWS, BOLTS. NUTS WASHERS SILICONE SEALANT.ETC....,
LT
300,00
300.00
N UMABLES MATERIALTOTAL:
$300-00
P&L
Olivet Church Road
LEST OF MATERIALS -Field
EFF. DATE:05-20-2015
OOT #29667 571 D
STATE PROJECT #
MILE POST: m-1.30
OE' #,
CONTRACTOR: INTERRAIL
LOCATION NAME;Olivet Church Road
ESTIMATE #: 1
LOCATION DESCRIPTION; Relocate Cantilevers and m cable crossln
QTY
ITEM NUMBER
DESCRIPTION
UM
PRICE
COST
2
0010442
ROD 5/8" X 8' SECTIONAL GROUND
EA
15.00
$30.00
0
0010443
COUPLING 518" SECTIONAL GROUND ROD
EA
2.46
$0.00
2
0014335
CONNECTOR ONE SHOT 2 -WAY TYPE GT
EA 1
7.50
$16.00
50
4600170
WIRE #6 SOFT DRAWN BARE COPPER
FT
1.25
$62.60
2
0013686
BOOTLEG RAIL CONN. KIT FOR 2 CONNECTIONS
EA
65.00
$130.00
500
206-11$245
CABLE UG 5 COND NO 6 AWG FOR SIGNALS OKONITE
FT
7.50
$3,750,001
500
206.11-6927
CABLE UG 7 COND NO 9 AWG FOR SIGNALS OKONITE
FT
5.75
$2,875.00
0
206-11-6243
CABLE UG 3 COND NO 6 FOR AC POWER OKONITE
FT
5.00
$0.00
75
4XX3597UG
4" INTERDUCT FIBER 500' ROLLS
FT
5.50
$412,60
10
0015558
COMPOUND DUCT SEAL 6 LB PACKAGE
L8
1,64
$16.40
0
0017605
Wf RE CASE NO. 10 AWG FLEX f� y
FTJ
0.95
$0.00
_
0
GBAR
TERMINAL RING AMP 35628 YELLOW #1r
EA
0.50
$0.00
0
0017620
WARE CASE NO. 14 AWG FLEX OKONITE 112-11-3024
Ft'
0.40
$0.00
Q
0056822
TAPE UG CABLE MARKER IMPRINT 500'/ROLL
RL
24.37
$0.00
750
0057275
WIRE UG TRK TWIST PAIR #6 AWG OKONITE
FT
3.25
$2,437-60
0
805971
BATTERY EMF24OR 320AH
EA
360.00
$0.00
0
805972
BATTERY EMF34OR 426AH
EA
480.00
$0.00
0
1040550
TRAY, PVC BATT. FIBER CO. 826_87_-3-P
EA
36,25
$0.00
2
1710040
CONDUIT PVC 4 INCH SCHEDULE 40 HEAVY WALL
LN
40.00
$80.00
0
4200340
LINK, TFST OFFSET LINK 1IN CENTERS
EA
0.90
0.00
0
GBAR
TERMINAL RING AMP 35627 BLACK FOR 410 WIRE
EA
0.65
$0.00
0
GBAR
TERMINAL RING AMP 322051 BLUE FOR #6 WERE AND 1/4" STUD
EA
0.60
$0.00
0
8000067
PBL RR Lock
EA
30.00
$0.00
6
6850686
TAPE ELECTRICAL 3/4" 3M33
RL
3.60
$21.00
0
1360103
METER POLE PRE -ASSEMBLED LOAD CENTER
EA
1500.00
$0.00
0
0054075
GATE SK -1000-C KEEPER NORMAL MOVEMENT RIGHT OF TRAFFIC DIR
EA
2724.00
$0.00
0
36 foot Cantilever and Li hts and Bell
EA
21500.00
$0,00
0
30 foot Cantilever/Gate oombo with S60 gates, 2 way TIp and 2 Way rnaslli hts
3 EA
37635.00
$0.00
0
20 toot Cendlever/Gate combo with S60 gates, 2 way Tip and 2 Way rnasl lights,
39 foot gates Wth Aurora Led gate I ig his
EA
35670.00
$0.00
0
1 way sldeli hts for Gate comb for side road
EA
2200.00
$0.00
0
Bark to Back flahers
EA
3507.00
$0.00
2
Pour In place Foundations
EA
4000.00
$8,000,00
2
39' High Wind Gates W/ Hdwr & buffer leg
EA
875.00
$1,760.00
2
Back to Back Tip Lights
EA
4000.00
$8 000,00
0
GATE S-60 ASSEMBLY WITH 2 WAY LIGHTS LED LIGHTS ALUMINUM MAST
WITH JUNCTIONBOX BASE,HIGHWIND SU PPO RT, RAILROAD CROSSsNG
SIGN &BELL
EA
18500.00
0.00
0
S2 Prefab concrete foundations
EA
575.00
$0.00
2
Narrow Band Shunt
EA
750.00
$1,600,00
0
_
Shunt enclosure with concrete t
EA
1600.00
$0.00
0
0
136RE Insulated Joint
Rall Head bonds
EA
EA
385.00
650
$0.00
$0.00
14
4000 PSI Concrete
YDI
100.00
$1,400.00
50
STONE CRUSHER RUN
TNI
20.00
1 000.00
FIELD TE IAL
OTAL;$-31,478.901
P&L
Olivet Church Road
L IST OF MATERIALS-SHOP
EFF. DATE ;05.20-2015
DOT #298571D
STATE PROJECT
IMILE POST:36.65
OP #:
CONTRACTOR: INTERRAIL
LOCATION NAME:Olivet
Church Road
ESTIMATE k 1
LOCATION DESCRIPTION: Relocate Cantilevers and ra cable crossing
QTY ITEM NUMBER
DESCRIPTION
UM
PRICE
COST
0 IRS-H4X4
HOUSE 6'X6' ALUMINUM UNIVERSAL 112 INSULATION 3 SHELVES
EA
8900.00
$0.00
0 0750090
NUT INSULATED SAFETRAN 023-408-lX
EA
3.33
$0.00
0 1940055
CONTAINER CIRCUIT PRINT 24"
EA
8.00
$0.00
0 4200340
LINK TEST OFFSET LINK 1"CENTERS
EA
1.75
$0,00
0 4200380
LINK INSULATED TEST 2-318" CENTERS
EA
3.84
$0.00
0 520,434
CRAGG RAILCHARGER 20 AMP 1 MODEL 20ETC,12V
F-A
760,00
$0.00
0 520740
CHARGER BATTERY CRAGG 40ETC-12V CRAGG P/N 520740
EA
875.DD
gop
0 8000-80468-0001 2-Track Redundant Caws WE= W/o Modules
EA
4255.00
$0,00
0 A(?00-80403-0001 CP U-1 I+ PROCESSOR MODULE - -- ---- -
0 800-80405-0001 SSCCIIIi 40A CROSSING CONTROL MODULE
- - _F &j
EA
_3921,00
4981,001
$0.00
$0,00
0 8000-804074001 DISPLAY MODULE
EA
2283.00
$0.00
0 8000-80410-0001
SEAR Iii INTERNAL RECORDER MODULE
EA
3914.00
$0.00
0 8000-80418-0001 TRACK MODULE
EA
5518.00
$0.00
0 8000-80488-0001 TRANSFER MODULE FOR 2 TRACK REDUNDANT SYSTEM
EA
350.00
$0.00
0 80288
ELECTONIC BELL WITH BUILT IN BELL SENSOR
EA
625.00
$0.00
0 80281
GATE TIP TRANSMITTER
EA
138,00 ____J0.00
0 8027-001
INTELLIGENT CURENT SENSOR Ilod
EA
666,00
$0.00
0 801613-1114PI
3000ND2 crossing predictor _
EA
28200.00
$0.00
0 91160-0011
114 40 AMP CROSSING CONTROLLER PN191160
EA
5100,00
$0.00
0 91170-01
BATTERY/L(GHTING SURGE PANEL I RACK 1 SAFETRAN
EA
950.00
0.00
0 91170-02
LIGHTING SURGE PANEL I RACK / SAFETRAN
EA
850.00
$0,00
0 8002641A
AC SURGE PANEL 1 SAFETRAN
EA
850.00
$0.00
0 400003
Relav Type ST Neutral 900 Ohms
EA
750.00
$0,00
01 420004-78x
Socke# pluobOBrd Kit
EA
165.00
900
0 80026-31
BATTERY TRACK SURGE PANEL
EA
460.00
$0.00
0 80726
VHF ComunlcatorEA
1872,00
iQ.00
0 91042-19
Jct. Panel
EA,
338.00
$0.00
0 80078
0
Ech(on TerminelYan Unit
Digi 8 recorder North American Signal
EA
EA
92.00
1800.00
$0.00
T 0.00
0
General E(ectrlc TD4 track driver
EA
1000,00
$0,00
0
RE 10
EA
175.00
$0.00
0
Potter Bnumlietd Power Off mlay and base
EA
54.00
$0,00
0
SEAR Recorder
EA 1
3328.00
$0.00
0 80297-2
Ground Fault Tester
EA
878.00
WOO
8HO PWTERIAL
TOTAL:
0.
ORDINANCE NO. 2015 -10 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
PADUCAH, KENTUCKY AND PADUCAH & LOUISVILLE RAILWAY, INC., FOR
IMPROVEMENT TO AN EXISTING AT -GRADE RAILWAY CROSSING;
AUTHORIZE THE FINANCE DIRECTOR TO ISSUE PAYMENT TO PADUCAH &
LOUISVILLE RAILWAY FOR COSTS ASSOCIATED WITH RAILWAY
FLAGGING; AND, AUTHORIZING THE TRANSFER OF FUNDS FROM THE
SERIES 2013 B BOND PROCEEDS ACCOUNT FOR THE OLIVET CHURCH
ROADWAY PROJECT
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. The City hereby approves the Memorandum of Agreement between
the City and Paducah & Louisville Railway, for improvement to an existing at -grade railway
crossing for the Olivet Church Roadway Project in the amount of $196,381.81. Further, the City
authorizes the Mayor to execute said agreement.
Section 2. The Finance Director of the City of Paducah, Kentucky, is hereby
authorized and directed to issue payment at the following rates to Paducah & Louisville Railway
for flagging costs associated with the project approved in Section I above.
Per 8 Hour Day:
Flagman $90.03 per hour
Truck $287.80 per day
Overtime Rates:
Flagman $138.04 per hour
Truck $ 35.98 per hour
Section 3. Funding. The Finance Director is authorized and directed to transfer a
portion of the remaining Series 2013B Bond Proceeds to the Olivet Church Road project account
ST0039.
Section 4. Severability. If any section; paragraph orprovision of this Ordinance
shall be held to be invalid or unenforceable for any reason; the invalidity or unenforceability of
Section 5. Compliance With Open Meetings Laws. The City Commission hereby
finds and determines that a] I 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 6. 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 7. Effective Date. This Ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tat=ara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 22, 2015
Adopted by the Board of Commissioners, October 6, 2015
Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015
Published by The Paducah Sun,
\ord\MOA-P&L Railway -railroad crossing -Olivet Church Rd Project
123627ver2 clean
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
This is a Memorandum of Understanding (this "Agreement") between PADUCAH &
LOUISVILLE RAILWAY, INC., a Kentucky for-profit corporation, whose address is 1500 Kentucky
Avenue, Paducah, Kentucky 42003 ("Company"); and the CITY OF PADUCAH, KENTUCKY, a
municipal corporation of the second class and a body politic and corporate, whose address is P.O. Box
2267, Paducah, Kentucky 42002-2267 ("City").
WHEREAS, Company proposes to establish a new corporate headquarters and office
building within the downtown Paducah area (the "Project") on a certain tract of land owned by
the City and located at the intersection of Marine Way (formerly 2"d Street) and Clark Street (the
"Property") in Paducah, McCracken County and more particularly described in Exhibit A: and
WHEREAS, the Project will have a positive impact on the entire community by
stimulating the local economy, expanding the tax base, and rejuvenating and stimulating
development within the downtown Paducah area; and
WHEREAS, the City leadership strongly supports the location of the Project in
downtown Paducah, McCracken County, Kentucky; and
WHEREAS, the community leaders recognize the importance of the future contributions
of Company to the economic and employment base of the City; and
WHEREAS, Company has the option to locate the Project in another state; and
WHEREAS, in order to induce the acquisition, location, and construction of the Project
in Paducah, McCracken County, Kentucky, City has agreed to provide certain economic
incentives to Company for purposes of defraying the cost of construction, installation and
equipping of the Project; and
WHEREAS, it is deemed necessary and advisable that this Agreement be entered into by
the parties setting forth their agreement with respect to the location, construction, installation of
the Project and the maintenance of acceptable levels of employment relating to the Project and
the economic incentives to be provided to defray some of the costs thereof: and
WHEREAS, the economic incentives to be provided to Company are in conformity with
the "Guidelines For Providing Economic Incentives To Qualified Projects Located Within The
Boundaries of the City of Paducah" previously adopted by the City.
THEREFORE, Company and City agree to the following:
A. Company commits to the followin>;:
1. Acquire from City and locate its new corporate headquarters and office
building on the Property. Company's commitment to so acquire the Property is subject to City
delivering to Company at Closing (as defined herein) good record and merchantable title to the
Property free and clear of all claims, mortgages, liens, encumbrances, or any other adverse
interest, and any other adverse matters shown by an accurate sun-ey, by general warranty deed.
Each party shall be responsible for their respective costs customary in real estate transactions of
this nature and size.
2. Construct, install and equip, at its sole cost and expense, an 18,000 square
foot. corporate headquarters and office building (the Property, such corporate headquarters and
office building collectively herein referred to as the "Company Headquarters") upon the Property
within 14 months of the Closing. Company estimates that the completion date of the Company
Headquarters will be approximately 14 months after the Closing (the "Estimated Completion
Date"). Although Company cannot guarantee the Estimated Completion Date, it will diligently
pursue the completion of construction of the Company Headquarters and will use its best efforts
to cause completion of construction by no later than the Estimated Completion Date.
3. Invest over $3.5 Million Dollars in the construction, installation, and
equipping of the Company Headquarters within 14 months of the Closing.
4. Retain and relocate to the Company Headquarters the existing corporate
headquarters staff of 46 employees, which employees shall continue to pay all license fees as
defined under Article IV of the Paducah Code of Ordinance, Section 106-183. Company shall
continue to withhold and report such taxes and fees to the City.
5. Hire a minimum of 12 new full time employees to work at the Company
Headquarters, earning an average salary of at least $74,000.00, and paying all license fees as
defined under Article IV of the Paducah Code of Ordinance, Section 106-183 for at least two (2)
years following Company's relocation to the Company Headquarter. Company shall withhold
and report such taxes and fees to the City. All new employees hired as a result of the Project
shall receive a competitive benefits package.
6. Company shall provide to City, at its sole cost and expense, a detailed,
verified progress report, reasonably satisfactory to City, its progress in completing the capital
investment and employment goals committed herein. Such progress reports will be provided
within 6, 12, and 24 months from Closing.
7. In consideration for City conveying and transferring to Company the
Property, Company has granted, transferred and conveyed to City Company's property located
off of Cairo Road, in Paducah McCracken, Kentucky, for use by the City in its Greenway Trial
project. The quit claim deed from Company to City is dated December 18, 2009 and is of record
in Deed Book 1182, page 323, in the McCracken County Court Clerk's office.
B. Citv commits to following:
1. At Closing; City shall grant, transfer. and convey to Company the
Property. The Property shall be conveyed to Company by general warranty deed.
2. City shall provide a maximum cash grant of $350,000.00 to Company,
commencing at such time as the construction contract for the Company Headquarters is awarded
by Company. This grant shall be used only to assist defray the cost of constructing, installing,
and equipping the Company Headquarters.
3, After Closing, City shall cause to be removed and relocated underground,
at its sole cost, all electric utility lines and poles encumbering the Property in order to
accommodate the construction of the Company Headquarters on the Property.
4. After Closing, City shall, at its sole cost and expense, construct and
maintain a parking lot upon the property more particular describe:: in Exhibit B for the joint use
of both Company and Four Rivers Center for the Performing Arts; Inc.. ("Four Rivers Center"}
in accordance with the terms of the Second Addendum to the Lease and Construction Agreement
dated , 2010, (the "Second Addendum to Lease") by and among Four Rivers
Center, City; and Company.
C. Closing:
Subject to the satisfaction or waiver of all of the conditions to Closing set forth
herein, Closing of the transaction contemplated hereby shall be not later than the date which is
30 days following the Effective Date of this Agreement ("Closing"). Closing shall be conducted
at the offices of Denton & Keuler at a time to be mutually agreed upon by the parties hereto.
D. Rescission and Reimbursement of Grant Monies:
If construction has not begun on the Company Headquarters within 6 months after
Closing the parties will promptly take all reasonable steps to cause the transfers, conveyances
and other transactions which occurred at Closing to be rescinded, at no out-of-pocket cost to
City, such that as nearly as practicable the parties are restored to the respective positions they
were in prior to Closing. In the event construction has not begun within this 6 month period due
to unforeseeable causes beyond Company's control and without its fault or negligence,
including; but not restricted to, acts of God, acts of a public enemy, unforeseen underground
conditions, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, shortage
of materials, unusually severe weather, or delays caused by the failure of contractors or
subcontractors to perform. this 6 month period shall be extended for the period of the force
majeure delay to a date mutually agreeable to the parties.
If at the times designated in paragraph A., 4 and 5 above. Company has failed to
meet the covenanted employment levels it will fully reimburse the City for the cash grant. The
aforesaid reimbursement shall include interest at N.Y. prime, as published in the Wall Street
Journal, on the date of the receipt of the grant money by Company. Notwithstanding the
foregoing. the City may. at their sole discretion: (a) seek only a pro rata reimbursement based on
employment actually achieved, or; (b) waive any reimbursement.
E. Contingencies:
The transactions contemplated by this Agreement shall be contingent upon: (i)
the completion by Company, to its satisfaction, of due diligence on the Property, (ii) satisfactory
completion of legal due diligence, including review of title examinations, surveys, and
environmental reports, (iii) approval and consent to the sale and purchase and the terms of this
Agreement by the board of directors of Company and the Paducah City Commission; and (iv) the
approval and execution of the Second Addendum to Lease by all of the parties thereto.
F. Miscellaneous Provisions:
1. This Memorandum of Understanding is intended to be, and shall be
construed as a binding agreement upon the Effective Date.
2. No party shall assign this Agreement without first obtaining the written
consent of the other party.
Each party shall be responsible for its own professional fees.
G. Effective Date
This Agreement shall not become effective until fully executed and delivered by
all the parties hereto and approved by duly adopted ordinances or motions by the Paducah City
Commission (the "Effective Date").
[For signatures see next page.]
IN WITNESS WHEREOF, the parties hereto have set their hands.
PADUCAH AND LOUISVILLE
RAILWAY, INC.
Signature:
Title:
CITY OF PADUCAH, KENTUCKY
Signature:
Title:
Date: ..... Date:
EXHIBIT A
Being Tract A, containing 1.5286 acres, as shown on the Waiver of Subdivision
plat of Marine Way in Paducah, McCracken County, Kentucky, for the City of
Paducah recorded in Plat Section "M", page 295, in the McCracken County Court
Clerk's Office.
Being part of the same property conveyed to The City of Paducah, Kentucky by
Quitclaim Deed dated October 12, 2001, of record in Deed Book 967, page 244,
in the McCracken County Court Clerk's Office. Being part of the same property
conveyed to The City of Paducah, Kentucky by deed dated February 25, 2000, of
record in Deed Book 931, page 682, in the McCracken County Court Clerk's
Office. Being part of the same property conveyed to The City of Paducah, a
Kentucky municipal corporation of the second class, by Quitclaim Deed dated
March 18, 2004, of record in Deed Book 1037, page 71, in the McCracken
County Court Clerk's Office.
EXHIBIT B
Being Tract B, containing 0.7722 acres, as shown on the Waiver of Subdivision
plat of Marine Way in Paducah, McCracken County, Kentucky, for the City of
Paducah recorded in Plat Section "M", page 295, in the McCracken County Court
Clerk's Office.
Being part of the same property conveyed to The City of Paducah, Kentucky by
Quitclaim Deed dated October 12, 2001, of record in Deed Book 967, page 244,
in the McCracken County Court Clerk's Office. Being part of the same property
conveyed to The City of Paducah, Kentucky by deed dated February 25, 2000, of
record in Deed Book 931, page 682, in the McCracken County Court Clerk's
Office. Being part of the same property conveyed to The City of Paducah, a
Kentucky municipal corporation of the second class, by Quitclaim Deed dated
March 18, 2004, of record in Deed Book 1037, page 71, in the McCracken
County Court Clerk's Office.
Agenda Action Form
Paducah City Commission
Meeting Date: September 22, 2015
Short Title: Purchase of One Regenerative Sweeper to be used by the EPW-
Street Division
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Randy Crouch, EPW Maintenance Supt.
Kathy Wyatt, EPW Admin Asst. [If
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
On August 26, 2015 sealed written bids were opened for the purchase of one Regenerative
Street Sweeper to be used by the EPW Street Division. One responsive bid was received
from Stringfellow Inc. in the amount of $182,437.00. The estimated time for delivery of the
new truck will be 75 days after contract execution.
Goal: []Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Narne: Fleet Fund q�L��jS
Account Number: 071-0210-542-4005 mance
Staff Recommendation:
To receive and file the bid and adopt an Ordinance authorizing the tilayor to execute a
contract with Stringfellow Inc. for the purchase of one Regenerative Street Sweeper for use
by the EPW Street Division in the total amount of $182,437.00.
Attachments:
Bids, Bid Tab, Advertisement, Proposed Contract
Depart ent He d
City Clerk
C y i lana�er
ORDNANCE NO. 2015 -10 -
AN ORDNANCE ACCEPTING THE BID OF cTRINGFELLOW, INC., FOR
SALE TO THE CITY OF ONE REGENERATIVE STREET SWEEPER FOR USE BY THE
ENGINEERING -PUBLIC WORKS DEPARTMENT/STREET DIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCkH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid. of Stringfellow, Inc., in the
amount of $182,437.00, for sale to the City of one regenerative street sweeper, for use by the
Engineering -Public Works Department/Street Division, said bid being in substantial compliance
with bid specifications, and as contained in the bid of Stringfellow, Inc.of August 26, 2015.
SECTION 2. The Mayor is hereby authorized toexecute a contract with
Stringfellow, Inc., for the purchase of one regenerative street sweeper, authorized in Section 1
above, according to the specifications, bid proposal and all contract documents heretofore
approved and incorporated in the bid.
SECTION 3. This purchase shall be charged to the Fleet Fund account.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 22, 2015
Adopted by the Board of Commissioners, October 6, 2015
Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015
Published by The Paducah Sun,
\ord\pworks\street sweeper
10-2015
Mayor
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Agenda Action Form
Paducah City Commission
Meeting Date: September 22, 2015
Short Title: Purchase of One Side Arm Loading Trucic to be used by the EPW-
Solid Waste Division
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Randy Crouch, EPW Maintenance Supt.
Kathy Wyatt, EPW Admin Asst. III
Presentation By: Rick Murphy, P.E., City Engineer -Public «%orks Director
Background Information:
On August 26, 2015 sealed written bids were opened for the purchase of one Side Loading
Refuse Truck to be used by the EPW Solid Waste Division. Two responsive bids were
received, with McBride Mack Inc. submitting the lowest evaluated bid in the amount of
$258,732.00. The estimated time for delivery of the new truck will be 75 days after contract
execution.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Dowrito«vns
Funds Available: Account Name: Solid Waste Residential ( E r
Account Number: 050-2209-5314007 inance
Staff Recommendation:
To receive and file the bid and adopt an Ordinance authorizing the Mayor to execute a
contract with McBride Mack Inc. for the purchase of one Side .arm Loading Refuse Truck
for use by the EPW Solid Waste Division in the total amount of S258,732.00.
Attachments:
Bids, Bid Tab, Advertisement, Proposed Contract
Depart m nt e
City Clerk
mit} Manager
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ORDINANCE NO. 2015 -10 -
AN ORDINANCE ACCEPTING THE BID OF McBRIDE MACK, INC., FOR
SALE TO THE CITY OF ONE AUTOMATED SIDEARM LO:kDER FOR USE BY THE
SOLID WASTE DIVISION/ENG[NEERNG-PUBLIC WORKS DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT' EOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION I. The City of Paducah accepts the bid of McBride Mack, Inc., in the
amount of $258,732.00, for sale to the City of one automated sidearm loader, for use by the Solid
Waste Division/Public Works Department, said bid being in substantial compliance with bid
specifications, and as contained in the bid of McBride Mack, Inc., of August 26, 2015.
SECTION 2. The Mayor is hereby authorized to execute a contract with McBride
Mack, Inc., for the purchase of one automated sidearm loader, authorized in Section t above,
according to the specifications, bid proposal and all contract documents heretofore approved and
incorporated in the bid.
SECTION 3. This purchase shall be charged to the Solid Waste Residential
account, account number 050-2209-531-4007.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST;
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 22, 201
Adopted by the Board of Commissioners, October 6, 2015
Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015
Published by The Paducah Sun, _
ord\pworks\truck - refuse (sidearm loader) 10-2015
Agenda Action Form
Paducah City Commission
Meeting Date: September 22, 20 l
Short Title: Amend Sec. 42 -104 -Prohibited Noises in the Paducah Code of
Ordinances
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Nlotion
Staff Work By: Various Staff
Presentation By: Commissioner Richard Abraham
Background Information: Sound pressure levels in the City of Paducah currently are
measured using a sound meter using the weighted -A filter. The measurement is in the
unit of decibels. Weighted -A mirrors how the human ear hears sound by placing more
"weight" on the frequencies that we naturally hear (around 2000 hertz) and a reduced
weight on the frequencies, mainly low frequencies (around 100 hertz), that the human
ear filters.
This ordinance would amend Section 42 -104 -Prohibited Noises of the Paducah Code of
Ordinances by adding continuous sound pressure levels limits using the weighted -C
filter. Weighted -C places a greater emphasis as compared to weighted -A on the lower
frequencies.
The existing ordinance provides sound pressure level limits measured using a
weighted -A filter based on time of day and zoning district for the source of the sound.
This amendment would add similar columns of sound limits using weighted -C.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
Attachments:
Department Head
City Clerk
ity ✓Manager
Sec. 42-104. - Prohibited noises.
Unlawful noises prohibited. It shall be unlawful for any person to make, cause to be made, continue
or permit any excessive or unreasonably loud noise or any other raucous sound, considering the time,
date, place and nature of such noise or sound, that annoys, disturbs. injures or endangers the comfort,
health, peace, or safety of a person of ordinary sensibilities, in the City of Paducah. Said noises include,
but are not limited to:
(a) Unlawful noise from premises. It shall be unlawful for any person to emit, cause to be emitted,
or permit the emission of any continuous noise which leaves the premise on which it originates,
crosses a property line, and enters onto any other premise in excess of the sound pressure
levels defined in the following table:
Zoning district of property on which the source of
Sound Level 7:00 a. m.
Sound Level 9:00 p.m.—
noise is located
9:00 p.rn.
7:00 a.m.
Residential (zoning districts R-1, R-2, R-3, R-4, H-2)
65 db(A)
65 db(A)
Commercial (zoning districts A-1, B-1, B -2-T, B-2, B-3,
75 db(A)I
O
65 db(A)
f ,,
H-1, HBD, POP, MU)
Manufacturing (zoning districts M-1, M-2, M-3, C-11
80 db(A)
05
Cl 75 db(A)
(1) Location of measurement. For the purpose of this section, sound shall be measured at or
within the property line (boundary) of the property receiving the noise or not less than 20
feet from the source of the sound when the sound is in the public right-of-way.
(2) Measuring instrument. All sound measurements shall be made on a sound levei meter
calibrated in the manner required by the manufacturer's specifications.
(b) Unlawful noises emanating from motor vehicles. No person operating or occupying a motor
vehicle shall play, use, operate, or permit to be played, used, or operated, any radio, tape
player, cassette player, compact disk player, DVD players, loud speaker, sound amplification
system, or other device designed to generate, amplify, andlor reproduce sound from within the
motor vehicle in such a manner that the sound is plainly audible by another human being at a
distance of 50 feet from the device producing the sound. "Plainly audible" means any sound
which can be clearly heard, by unimpaired auditory senses based on a direct line of sight of 50
or more feet; however, words or phrases need not be discernible and said sound shall include
bass reverberation.
(c) Unlawful modifications to motor vehicles and/or failure to maintain. It shall be unlawful for any
person to modify, change, or fail to maintain the exhaust muffler, air intake muffler or any other
sound -reducing device of a motor vehicle in such a manne.r that the noise emitted from the
motor vehicle disturbs or is a nuisance to persons of reasonable sensibilities within the area of
audibility.
(d) Other noise disturbances. It shall be unlawful for any person to make, continue or cause or
allow to be made or continue any noise disturbance including, but not limited to, the following:
(1) Horns, signaling devices and the like. The sounding of any horn or signaling device of any
motor vehicle on any state or public place of the city continuously or intermittently, except
as a danger or emergency warning.
Page 1
ORDINANCE NO. 201 -10 -
AN ORDINANCE AMENDING SECTION 42-104(a), PROHIBITED NOISES,
OF CHAPTER 42, ENVIRONMENT, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY
SECTION 1. That the City of Paducah hereby amends Section 42-104(a),
Prohibited noises, of Chapter 42, Environment, of the Code of Ordinances of the City of
Paducah, Kentucky, as follows:
"Sec. 42-104. - Prohibited noises.
Unlawful noises prohibited. It shall be unlawful for any person to make, cause to
be made, continue or permit any excessive or unreasonably loud noise or any other raucous
sound, considering the time, date, place and nature of such noise or sound, that annoys, disturbs,
injures or endangers the comfort, health, peace, or safety of a person of ordinary sensibilities, in
the City of Paducah. Said noises include, but are not limited to:
(a) Unlawful noise from premises. It shall be unlawful for any person to emit, cause to be
emitted, or permit the emission of any continuous noise which leaves the premise on
which it originates, crosses a property line, and enters onto any other premise in excess
of the sound pressure levels defined in the following table:
Zoning district of property on which the source of noise
i is located
Sound Level 7:00
a.m.-9:00 p.m.
Sound Level 9:00
p.m. -7:00 a.m.
Residential (zoning districts R-1, R-2, R-3, R-4, H-2)
65 db(A)
75 dVQ
65 db(A)
I
70 db(C)
I
Commercial (zoning districts A-1, B-1, B -2-T, B-2, 13-
3, 14- 1, HB D, POP, NU)
75 db(A)
80db C
65 db(A)
75 db(C)
Manufacturing (zoning districts M-1, M-2, M-3, C-1)
80 db(A)
85 db(C)
75 db(A)
80 db(C)
(1) Location of measurement. For the purpose of this section, sound shall be measured
at or within the property line (boundary) of the property receiving the noise or not
less than 20 feet from the source of the sound when the sound is in the public right-
of-way.
(2) Measuring instrument. All sound measurements slrall be made on a sound level
meter calibrated in the manner required by the maitufacturer's specifications.
(b) Unlawful noises emanating from motor vehicles. No person operating or occupying a
motor vehicle shall play, use, operate, or permit to b-- played, used, or operated, any
radio, tape player, cassette player, compact disk plater, DVD players, loud speaker,
sound amplification system, or other device designed to generate, amplify. and/or
reproduce sound from within the motor vehicle in such a manner that the sound is
plainly audible by another human being at a distance of 50 feet from the device
producing the sound. "Plainly audible" means any sound which can be clearly heard, by
unimpaired auditory senses based on a direct line of sight of 50 or more feet; however,
words or phrases need not be discernible and said sound shall include bass
reverberation.
(c) Unlawful modifications to motor vehicles and/or failure to maintain. It shall be
unlawful for any person to modify, change, or fail to maintain the exhaust muffler, air
intake muffler or any other sound -reducing device of a motor vehicle in such a manner
that the noise emitted from the motor vehicle disturbs or is a nuisance to persons of
reasonable sensibilities within the area of audibility.
(d) Other noise disturbances. It shall be unlawful for any person to make, continue or cause
or allow to be made or continue any noise disturbance including, but not limited to, the
following:
(1) Horns, signaling devices and the like. The sounding of any horn or signaling device
of any motor vehicle on any state or public place of the city continuously or
intermittently, except as a danger or emergency warning.
(2) Radios, phonographs and the like. The using, operating or permitting to be played,
used or operated any radio receiving set, musical instrument, phonograph or other
machine or device for the producing or reproducing of sound in such manner as to
disturb the peace, quiet and comfort of the neighboring inhabitants or at any time
with louder volume than is necessary for converdent hearing for the person or
persons who are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation of any such set,
instrument, phonographs, machine or device in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this section.
(3) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on
the public streets, at any time or place so as to annoy or disturb the quiet or comfort
of persons in any office, or in any dwelling, hotel or other type of residence, or of
any persons in the vicinity.
(4) Fireworks, explosives and the like. The use of fireworks or other explosives so as
to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of
reasonable sensitivities within the area of audibility.
(5) Animals, birds and the like. The keeping of any animal or bird which by causing
intermittent, frequent or continued noise disturbs or causes a nuisance to persons of
reasonable sensitivities within the area of audibility,
(6) Drums, loudspeakers or other instruments. The use of any drum, loudspeaker or
other instrument or device for the purpose of attracting attention, by creation of
noise, to any performance, show, sale or display of merchandise.
(7) Noise near schools, courts, churches, or hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning, church or court
while same is in use, or adjacent to any hospital, which unreasonably interferes
with the workings of such institution or which disturbs or unduly annoys patients in
the hospital."
SECTION 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, September 22, 201
Adopted by the Board of Commissioners, October 6, 2015
Recorded by Tammara S. Sanderson, City Clerk, October 6, 2015
Published by The Paducah Sun,
\ord\insp\42-104-Prohibited noises