HomeMy WebLinkAbout11-10-15 Agenda PacketROLL CALL
INVOCATION
CITY COMMISSION MEETING
AGENDA FOR NOVEMBER 10, 2015
5:30 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
PLEDGE OF ALLEGIANCE - Meg Hancock - Paducah Tilghman Senior
ADDITIONS/DELETIONS
■ Swearing In Ceremony for Police Officer Recruits — McCracken Circuit Judge Kaltenbach
■ Recognize the Winners of the Veteran's Day Essay Contest —C. 13YRD & C. BENDICK
(Daughters of the American
Revolution)
■ Announcement of the Distinguished Veteran — R. BURGESS (Veterans Day Parade Committee)
■ Duke of Paducah Presentation - Tyler DeRezza
■ Presentation: Efforts of HUD & Veterans Administration to kddress Homeless Veterans in the
Paducah -McCracken County Area — C. TAYLOR (Field Offi:e Director of Louisville HUD)
I.
MINUTES
II.
APPOINTMENT
A. Municipal Housing Commission
B. Citv Hall Schematic Design Advisory- Group
III.
MOTION
A. R & F Documents
TV.
MUNICIPAL ORDER
A. Personnel Changes
-[---V.
ORDNANCE — ADOPTION
A. Accept Renaissance on Ivtain Grant Award — S. ERVIN
VI.
ORDINANCES — INTRODUCTION
A. Amend Zoning Regulations for Homeless Shelters — S. ERVIN
B. Authorize Professional Engineering Service Agreement for
Construction Administration and Resident Inspection Services for the
Riverfront Redevelopment Project Phase 1-B — R. MURPHY
VII. CITY MANAGER REPORT
VIII. MAYOR & COMMISSIONER COMMENTS
IX. PUBLIC COMMENTS
X. EXECUTIVE SESSION
NOVEMBER 3, 2015
At a Regular Meeting of the Board of Commissioners, held on Tuesday, November 3, 2015, at
5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor
Kaler presided, and upon call of the roll by the City Clerk, the following answered to their
names: Commissioners Abraham, Wilson and Mayor Kaler (3), Commissioners Gault and
Rhodes were absent (2).
PLEDGE OF ALLEGIANCE
Addie and Kate Rogers, freshmen at Paducah Tilghman High Schooi, led the pledge.
MINUTES
Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the reading of
the Minutes for the October 27, 2015, City Commission meeting be waived and the Minutes of
said meeting prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Abraham, Wilson and Mayor Kaler (3).
MOTIONS
R & F DOCUMENTS
Commissioner Wilson offered motion, seconded by Commissioner Abraham, that the following
documents and bids be received and filed:
DOCUMENTS
1. Certificates of Liability Insurance:
a. Marcum Engineering, LLC
b. Ivitts Plumbing Contractors, Inc.
2. Deed with Bob Hopper and Brenda Hollis for 427 North 6"' Street (MO # 1799)
3. Contracts & Agreements:
a. Real Estate Purchase Agreement with Paducah & Louisville Railway, Inc. for the
purchase of 619 6"' Street (ORD 2015-10-8309)
b. City Request and Agreement with the Kentucky Division of Waste Management
for Anti -Litter Control Program Grant Funding (MO # 1868)
c. Letter of Assistance with Flour Federal Services, Inc, Deactivation Project for
Police Department Services
d. Agreement with Ratio Architects, Inc. for Two Architectural/Design Service
Options for the City Hall Project (ORD # 2015-10-8313)
e. Fully Insured Renewal for Blue View Vision with Anthem Blue Cross Blue
Shield for 2016 (MO # 1865)
4. Barkley Regional Airport Authority Financial Statements for Years Ended June 30, 2015
and 2014
BIDS FOR PLANNING DEPARTMENT
427 North 6th Street
1. William and Vickie Robertson *
*denotes recommended bid
Adopted on call of the roll, yeas, Commissioners Abraham, Wilson and Mayor Kaler (3).
NOVEMBER 3, 2015
MUNICIPAL ORDER
APPROVE APPLICATION FOR KLC SAFETY GRANT
Commissioner Abraham offered motion, seconded by Commissioner Wilson, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO OBTAIN A 2015 MATCHING INSURANCE SERVICES
SAFETY GRANT AWARD IN THE AMOUNT OF $2,555.45 FROM THE KENTUCKY
LEAGUE OF CITIES FOR REIMBURSEMENT FOR THE PURCHASE OF AN
EXPRESSION SWING WHICH WILL BE PLACED AT THE PLAYGROUND AT BOB
NOBLE PARK," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Wilson and Mayor Kaler (3).
M.O.# 1871; BK 9
APPROVE ACQUISTION OF REAL PROPERTY LOCATED AT 427 NORTH 6T"
STREET
Commissioner Wilson offered motion, seconded by Commissioner Abraham, that a Municipal
Order entitled, "A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL
PROPERTY LOCATED AT 427 NORTH 6TH STREET FROM BOB HOPPER AND BRENDA
HOLLIS TO THE CITY OF PADUCAH FOR $1, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONSIDERATION CERTIFICATE IN THE DEED," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Wilson and Mayor Kaler (3).
M.O.# 1872; BK 9
APPROVE SALE OF 427 NORTH 6"' STREET
Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE
BID OF WILLIAM C. AND VICKIE J. ROBERTSON IN THE AMOUNT OF $100 FOR
PURCHASE OF REAL PROPERTY LOCATED AT 427 NORTH SIXTH STREET AND
AUTHORIZING THE MAYOR TO EXECUTE A DEED FOR SAME," be adopted
Adopted on call of the roll, yeas, Commissioners Abraham, Wilson and Mayor Kaler (3).
M.O.# 1873; BK 9
ORDINANCE — ADOPTION
AUTHORIZE MAYOR TO EXECUTE AGREEMENT FOR PROFESSIONAL
ENGINEERING DESIGN SERVICES FOR THE DOME RELOCATION
PROJECT
Commissioner Wilson offered motion, seconded by Commissioner Abraham that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH MARCUM ENGINEERING, LLC FOR DESIGN SERVICES
RELATED TO THE DOME RELOCATION PROJECT." This ordinance is summarized
as follows: That the City of Paducah hereby approves an agreement between the City
and Marcum Engineering, LLC, in an amount not to exceed $65,500.00 for professional
engineering design services related to the Dome Relocation Project. Further, the Mayor
is authorized to execute said agreement.
NOVEMBER 3, 2015
Adopted on call of the roll, yeas, Commissioners Abraham, Wilson and Mayor Kaler (3).
ORD.92015-11-8323; BK 34
ORDINANCE — INTRODUCTION
ACCEPT RENAISSANCE ON MAIN GRANT AWARD
Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO
ACCEPT FUNDS FOR A RENAISSANCE ON MAIN GRANT FOR THE CITY OF
PADUCAH'S ARTFUL BIKE RACKS PROJECT." This ordinance is summarized as
follows: The City of Paducah hereby authorizes the Mayor to execute all documents
necessary with the Kentucky Department for Local Government for a Renaissance On
Main Grant in the amount of $5,000 for the ARTful Bike Racks Project located in the
downtown historic district.
CITY MANAGER REPORT
• The contractor working on the demolition of 432 Broadway will be back on site Monday to
begin the temporary shoring of the adjacent building. This work will be done under the
existing demolition contract. Permanent shoring of the adjacent building, which will require
a contract amendment, will be necessary following the demolition of 432 Broadway.
• The closing of the loan for the Holiday Inn Paducah Riverfront will occur tomorrow morning
at City Hall. Representatives from LinGate Hospitality, Independence Bank, and the City of
Paducah will sign the closing documents.
MAYOR & COMMISSIONER COMMENTS
No comments were given.
PUBLIC COMMENTS
No public comments were given.
Upon motion the meeting adjourned.
ADOPTED: November 10, 2015
City Clerk
Mayor
November 10, 2015
I move that the following documents be received and filed:
DOCUMENTS
Quitclaim Deed with Aaron Prather for 622, 626, 630; 634 South 12`x' Street and 11 l 5
Ohio Street (MO 1860)
2. Contracts & Agreements:
a. Grant Agreement between the Kentucky Transportation Cabinet Office of
Highway Safety and the Paducah Police Department (ORD 2015-09-8293)
b. Engagement Letter with Plante Moran for consulting services (ORD 2015-10-
8322)
c. Agreement with Midway Trailer; Inc, to Purchase One "French Trailer (ORD
2015-10-8319)
d. Agreement with Paducah Ford to Purchase Twov2 Ton 4x4 Pickups (ORD 2015-
10-8321)
e. Agreement with Linwood Motors to Purchase One Pickup Half -Ton 4x4 SSV
(ORD 2015-10-8320)
f. Agreement with Linwood Motors to Purchase Three New Compact SUV's (ORD
2015-10-8318)
Luther F. Carson Four Rig-ers Center, Inc. Financial Statements for years ended June 30,
2015 and 2014
CITY OF PADUCAH
November 10, 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.
%�l dMPmt�t to i��5
Dale
CITY OF PADUCAH
PERSONNEL ACTIONS
POLICE - OPERATIONS
Gilbert, William E
FIRE - SUPPRESSION
Hannan, Patrick E
Harris, Daniel
Kirkham. Timothy
Kirkham, Timothy
Orange, Tim
Orange. Tim
Potter, John G
EPW - SOLID WASTE
Winnans, Jeremy S
CITY OF PADUCAH
PERSONNEL ACTIONS
November 10, 2015
PAYROLL ADJUST MENTSITRANSFERSIPROMOTIONSITEMPORARY ASSIGNMENTS
PREVIOUS POSITION
CURRENT POSITION
NCSICS
FLSA
EFFECTIVE DATE
AND BASE RATE OF PAY
AND BASE RATE OF PAY
Police Sergeant
Police Patrolman
NCS
Non -Ex
October 23, 2015
$26.66/Hr
$24.41/Hr
Acting Fire Captain
Fire Lieutenant
NCS
Non -Ex
October 2, 2015
$17.30/Hr
$16.22/Hr
Acting Fire Lieutenant
Firefighter/Relief Driver
NCS
Non -Ex
October 14, 2015
$16.22/Hr
$14.941Hr
Firefighter/Relief Driver
Acting Fire Lieutenant
NCS
Non -Ex
August 25, 2015
$14.85/Hr
$16.08/Hr
Acting Fire Lieutenant
Firefighter/Relief Driver
NCS
Non -Ex
September 27, 2015
516.08/Hr
$14.85/Hr
Firefighter/Relief Driver
Acting Fire Lieutenant
NCS
Non -Ex
August 17; 2015
$14,631/Hr
S16.00/Hr
Acting Fire Lieutenant
Firefighter/Relief Driver
NCS
Non -Ex
October 25, 2015
$16.00/Hr
$14.63/Hr
Acting Fire Captain
Fire Lieutenant
NCS
Non -Ex
October 28, 2015
$17.30/Hr
$16.22/Hr
Laborer
Truck Driver
NCS
Non -Ex
November 12, 2015
$16,51/Hr
$17.60/Hr
TERMINATIONS - FULL-TIME (FIT)
POSITION
REASON
EFFECTIVE DATE
FIRE - SUPPRESSION
Knight, Barry L Fire Captain Retirement October 30, 2015
PARKS SERVICES - MAINTENANCE
White, Ronald D Parks Laborer Termination November 2, 2015
Agenda Action Form
Paducah City Commission
Meeting Date: i November 2015
Short Title: FY2oi6 Renaissance on Main Grant Program
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By. Melinda Winchester; Sheryl Chino
Presentation Bv: Steve Ervin
Background Information: The Kentucky Department for Local Government (DLG) has small grants
available through the Renaissance on Main grant program. The Renaissance on Main program has not
accepted applications in recent years due to lack of funding; however, DLG has recaptured unused
funds and created the FY2016 funding round. The maximum grant arnount is $5,000 and there is not a
match requirement. Only Accredited and Designated Main Street programs are eligible to apply.
In June 2015, Paducah Main Street issued an RFP for ARTful Bike Racks. The goal is to improve the
pedestrian experience and contribute to the artistic environment of downtown Paducah. Three of the
six proposals received were chosen and all three were artistic and functional as bike racks.
On August 25, 2015, through Municipal Order 1854, the Renaissance on Main Application was
approved by the Paducah City Commission. The Paducah Main Street Program has been awarded
$5,000 for the installation of four (4) bike racks in the downtown historic district. The total estimated
cost is $7,582.5o. The Board of Realtors has awarded $2,500 to the project and Paducah Main Street is
seeking additional sponsorships.
Goal: ❑ Strong Economy ❑ Quality Services ❑Vital Neighborhoods ® Restored Doi. r towns
Funds Available: Project Name: Renaiss Grnt-Bike
Project #: DTo042
File #: 6.279 Finance
Acct. #: 040-4411-592.23-07
Budget: $5000
Source of Funds: State grant, no local match required
Staff Recommendation: Authorize and direct the Mayor to execute all required grant related
documents.
Attachments: None
Department Head City Clerk Citv Manager
Agenda Action Form
Paducah City Commission
Meeting Date: November J0, 2015
Short Title: Zoning Text Amendment
Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑
Staff Work By: Stephen Ervin, Joshua P. Sommer
Presentation By: Stephen Ervin
Background Information:
On November 2, 2015; the Paducah Planning Commission held a public hearing and made a
positive recommendation to the Paducah City Commission on text changes to Section 126-72
Homeless Shelter. This text amendment originated with the City Commission pursuant to KRS
100.211 (2). This Section of the Zoning Ordinance is proposed to be amended to comply with
KRS 65.870, which states that no city can infringe upon State and Federal laws regarding firearm
possession. Redundant language was also stricken. Following are the substantial text changes:
See. 126-72. Homeless Shelters
The purpose of this section is to establish regulations for the location of homeless shelters in the
R-3, R-4, NI -1, M-2 and M-3 Zones. Objectives include minimizing land use conflicts and
ensuring that there are adequate services for homeless individuals within the vicinity of the
shelter.
"Shelter for the homeless" shall mean housing that is limited to occupancy of three -
hundred sixty-five (365) days or less by a homeless person.
Conditional Use Permit required. Homeless shelters shall only be permitted in the zones
listed herein upon receipt of a Conditional Use Permit. The operation of all shelters for
the homeless within the City of Paducah shall be contingent upon a Conditional Use
Permit from the Board of Adjustment in accordance with Section 126-68 of the Code of
Ordinances of the City of Paducah.
Each shelter for the homeless shall comply with the following conditions:
a. A shelter for the homeless shall provide a minimum of two -hundred (200) square feet
of heated building space per resident.
b. Shelters for the homeless may not be located within 1000 feet of any other shelter for
the homeless or any other use which could be classified as a shelter for the homeless,
c. Operation.
1. Shelters for the homeless shall be fully contained within a building owned and/or
operated by a government agency or non-profit organization.
I The operation of a shelter for the homeless shall provide continuous, on-site
supervision by an employee and/or volunteer during all hours of operation.
I No retail sales shall take place on the property of any shelter for the homeless.
4. Maximum Oeeupaney. A shelter for the homeless may house no more than 50
residents.
5. All homeless shelters shall create and adopt a Code of Conduct that shall. be
enforced at all times. The Code of Conduct shall include at a minimum the
following language:
i. Possession or use of illegal drugs is not pemiitted on the premises.
ii. Alcohol is not permitted on the premises.
We!ape�afe nE)"(__"�t -Frz Federal and State firearm
control laws shall be strictly enforced on the premises.
iv. Violence is not permitted on the premises. —
v. Fires are not permitted on the premises.
vi. Loitering in the surrounding neighborhood is not permitted.
vii. Littering on the premises or surrounding acighborhood is not permitted.
6. A copy of this said Code of Conduct shall be provided to the Zoning
Administrator of the City of Paducah for review by the Board of Adjustment.
7. Lightitig. Adequate external lighting shall be provided for security purposes.
The lighting shall be stationary, directed away from adjacent properties & public
right-of-way and of intensity compatible with the neighborhood.
8. L dry faedi-tie-s: The development shall provide laundry facilities or laundry
service adequate for the number of residents.
9. Eon1r faEilitier The development may provide one or more of the following
specific common facilities for the exclusive use of the residents and staff:
i. Central cooking and dining room(s)
ii. Recreation room
iii. Counseling center
iv. Child care facilities
V. Other support services
10. Ot i -t . For the purpose of noise abatement in residential districts,
organized outdoor activities shall only be conducted between the hours of 8 a.m.
and 9 p.m.
11. Staff and services shall be available to assist residents in obtaining permanent
shelter and income.
12. The operator of a shelter for the homeless shall have a written management plan
including, as applicable, provision for staff training, neighborhood outreach,
security, screening of residents to ensure compatibility with services provided at
the facility and for training, counseling and treatment programs for the residents,
13. Maximum Homeless shelters located in residential districts, when
not developed in an individual dwelling unit format, shall not be subject to the
underlying zoning district's maximum density standard, but the number of beds
shall be limited to six times the maximum number of dwelling units which would
otherwise be permitted.
14. Shelters for the homeless shall be located within 2500 feet of a public
transportation route.
taff Recommendation:
Approval of text changes.
Funds Available:
Motion:
Attachments:
Account Name; N/A
Account Number; N/A
Planning Commission Resolution
Finance
ORDINANCE NO. 2015 -11 -
AN ORDINANCE AMENDING CHAPTER 126-
72, "HOMELESS SHELTERS" OF TILE CODE
OF ORDINANCES OF THE CITY OF
PADUCAH,KENTUCKY
WHEREAS, this Ordinance amends Chapter 126, Sec. 72, "Homeless Shelters,"
of the Code of Ordinances of the City of Paducah, Kentucky; and
WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by
Kentucky Revised Statute § 65.870 (KRS 65. 870 as may be amended), in particular those parts
that prohibit local governments from occupying any part of the field of regulation of the
manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or
transportation of firearms, ammunition, components of firearms, components of ammunition,
firearms accessories, or combination thereof.
NOW THEREFORE be it ordained by the City Commission of the City of
Paducah as follows:
SECTION 1. That Chapter 126-72, "Homeless Shelters," is hereby amended and
restated to read as follows:
CHAPTER 126 — ZONING
"See. 126-72. Homeless Shelters.
The purpose of this section is to establish regulations for the location of homeless shelters in
the R-3, R-4, B-1, B-3, M-1, NI -2 and NI- 3 zones. Objectives include minimizing land use
conflicts and ensuring that there are adequate services for homeless individuals within the
vicinity of the shelter.
(1) "Shelter for the homeless" shall mean housing that is limited to occupancy of 365 days or
less by a homeless person.
(2) Conditional use permit required. Homeless shelters shall only be permitted in the zones
listed herein upon receipt of a conditional use permit. The operation of all shelters for the
homeless within the City of Paducah shall be contingent upon receiving a conditional use
permit from the Board of Adjustment in accordance with section 126-68 of the Code of
Ordinances of the City of Paducah.
(3) Each shelter for the homeless shall comply with the following conditions:
a. A shelter for the homeless shall provide a minimum of 200 square feet of heated building
space per resident.
b. Shelters for the homeless may not be located within 1,000 feet of any other shelter for the
homeless, or from any use which could be classified as a Shelter for the homeless.
c. Operation.
1. Shelters for the homeless shall be fully contained within a building ow-ned and/or
operated by a government agency or nonprofit organization.
2. The operator of a shelter for the homeless shall provide continuous, on-site
supervision by an employee and/or volunteer during all hours of operation.
3. No retail sales shall take place on the property of any shelter for the homeless.
4. Maximum Tc y. A shelter for the homeless may house no more than 50
residents.
5. All homeless shelters shall create and adopt a Code of Conduct that shall be
enforced at all times. The Code of Conduct shall include at a minimum the
following language:
i. Possession or use of illegal drugs is not permitted on the premises.
ii. Alcohol is not permitted on the premises.
iii. Federal and State Run control laws shall be strictly enforced on the
premises. Weapons are et pe f,f,:t ed r the
iv. Violence is not permitted on the premises.
V. Fires are not permitted on the premises.
vi. Loitering in the surrounding neighborhood is not permitted.
vii. Littering on the premises or surrounding neighborhood is not permitted.
6. A copy of tkis said Code of Conduct shall be provided to the Zoning
Administrator of the City of Paducah for review by the Board of Adjustment.
7. Iighting7 Adequate external lighting shall be provided for security purposes. The
lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of intensity compatible with the neighborhood,
8 Laundry f dittos. The development shall provide laundry facilities or laundry
services adequate for the number of residents.
9 Gemm^" f4eilities. The development may provide one or more of the following
specific common facilities for the exclusive use of the residents and staff:
i. Central cooking and dining room(s).
ii. Recreation room.
iii. Counseling center.
iv. Child care facilities.
V. Other support services.
10. For the purposes of noise abatement in residential districts,
organized outdoor activities may only be conducted between the hours of 8:00
a.m. and 9:00 p.m.
11. Staff and services shall be available to assist residents in obtaining permanent
shelter and income.
12. The operator of a shelter for the homeless shall have a written management plan
including, as applicable, provisions for staff training, neighborhood outreach,
security, screening of residents to insure compatibility with services provided at
the facility, and for training, counseling, and treatment programs for residents.
13, Maxifflura unit density. Homeless shelters located in residential districts, when
not developed in an individual dwelling unit format, shall not be subject to the
underlying zoning district's maximum unit density standard, but the number of
beds shall be limited to six times the maximum number of dwelling units which
would otherwise be permitted.
14. Shelters for homeless shall be located within 2,500 feet of a public transportation
route."
SECTION 2. SEVERABILITY. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City
Commission hereby finds and determines that all formal actions relative to the adoption of this
Ordinance were taken in an open meeting of this City Commission, and that all deliberations of
this City Commission and of its committees, if any, which resulted in formal action, were in
meetings open to the public, in full compliance with applicable legal requirements.
SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof
in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby
repealed and the provisions of this Ordinance shall prevail and be given effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two
separate days and will become effective upon summary publication pursuant to KRS Chapter
424.
MAYOR
ATTEST:
Tamrnara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, October 6, 2015
Adopted by the Board of Commissioners, October 13, 2015
Recorded by Tammara S. Sanderson, City Clerk, October 13, 2015
Published by The Paducah Sun, October 17, 2015
\or&plan`,zone' i 26 -72 -homeless shelters -weapons
Agenda Action Form
Paducah City Commission
Meeting Date: November 10, 2015
Short Title: Professional Engineering Service Agreement for Construction
Administration and Resident Inspection with Bacon Farmer Workman
Engineering & Testing, Inc., for the Riverfront Redevelopment Project Phase 1-B
®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:
A Notice of Award has been issued to MAC Construction & Excavating, Inc., for the
construction of the Riverfront Redevelopment Project Phase 1-B and work will then begin
soon thereafter. During construction of the Project, certain elements will need Professional
Engineering due to the complexity of the Project. Bacon Farmer Workman Engineering &
Testing, Inc., (BFW) has proposed to provide the necessary professional engineering services
consisting of construction administration and resident inspection services in an amount not to
exceed $126,380.00. The scope of work dated October 16, 2015, summarizes the
anticipated services to be provided by BFW.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ®Restored Downtowns
Funds Available: Account Name: 040-3315-532-2307 ' 1'Jli'
Account Number: DT0020 MiLce
Staff Recommendation;
To adopt an Ordinance authorizing the Mayor to enter into a Professional Service Agreement
with Bacon Farmer Workman Engineering & Testing, inc., for Professional Engineering
Construction Administration and Resident Inspection Services associated with the Riverfront
Redevelopment Project Phase 1-B in an amount not to exceed $126,380.00.
Attachments:
Professional Engineering Service Agreement for Construction Administration and Resident
Inspection for the Riverfront Redevelopment Project Phase 1-B and the attached Scope of
Work dated October 16, 2015.
PROFESSIONAL ENGINEERING SERVICE AGREEMENT
FOR CONSTRUCTION ADMINISTRATION AND RESIDENT INSPECTION
for the
RIVERFRONT REDEVELOPMENT PROJECT PHASE 1-8
THIS AGREEMENT, made and entered into this day of
, 2015, by and
between the CITY OF PADUCAH, KENTUCKY (hereinafter called the "CITY") and BACON FARMER
WORKMAN ENGINEERING & TESTING, INC. (hereinafter called the "CONSULTANT") for the
consideration named, agree as follows:
WHEREAS, the CITY has recently authorized the execution of a contract with a construction company for
the Construction Work related to the Riverfront Redevelopment Project Phase 1-B (to be known as the
"Project"); and
WHEREAS, during the Construction of the Project, certain elements will require Professional Engineering
Services to insure the Project is constructed in full compliance with the Project's permits, design and
specifications; and
WHEREAS, the CONSULTANT has in its employ, professional persons experienced to provide the
required Professional Engineering Services for the CITY during the construction of the Project;
NOW THEREFORE, the CITY and the CONSULTANT, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1.0 Services to be Provided; The CONSULTANT has agreed to provide the Professional Engineering
Services consisting of Construction Administration and Resident Inspection Services for the Project
as identified in the attached Scope of Work dated October 16, 2015.
2.0 Standard of Care: In providing the aforementioned Professional Engineering Services under this
Agreement, CONSULTANT will endeavor to perform in a manner consistent with the degree of care
and skill ordinarily used by members of CONSULTANT's profession currently practicing under similar
conditions at the same time and in the same locality.
3,0 CITY's Responsibilities: The CITY will furnish to the CONSULTANT all data, reports, studies,
drawings, permits, approvals and other information reasonably required by CONSULTANT for
performance of the Services. CITY shall be responsible for, and CONSULTANT may rely upon, the
accuracy and completeness of all such information furnished by or on behalf of CITY. CITY shall
provide for CONSULTANT's right to enter the Project site in order to perform the Services. CITY,
upon learning of any errors, omissions or defects in the performance of the Services, shall promptly
notify CONSULTANT and shall assist CONSULTANT in remedying any such errors, omissions or
defects unless caused by CONSULTANT'S willful, malicious, or grossly negligent conduct. CITY
shall at all times ensure the project site is reasonably safe under the circumstances and free and clear
of any hazardous materials.
4.0 Ownership of Instruments of Service: All PROJECT Documents prepared by the CONSULTANT
pursuant to this Agreement are to be considered instruments of service with respect to the PROJECT.
Any as -built plans, reports and documents required by the CITY shall become the property of the
CITY. Their future use on any subsequent related projects will be for reference only.
5.0 Compensation: CITY shall pay CONSULTANT for the Services provided on a Fee & Expense Basis
as identified in the attached Scope of Work dated October 16, 2015, in an amount not to exceed
Page 1 of 3
$126,380.00, unless otherwise approved by the CITY. CONSULTANT shall prepare invoices in
accordance with CONSULTANT's standard invoicing practices and shall submit such invoices once a
month to the CITY on or about the 30th day of each month or such other date as mutually agreed to
by both parties. Invoices shall be accompanied by all supporting documentation reasonably
requested by CITY. CITY shall pay each invoice properly submitted by and due CONSULTANT
within 30 days. In the event of any suspension or termination of this Agreement, CONSULTANT
shall be entitled to invoice CITY and shall be paid in accordance with the Services performed and
reimbursable expenses incurred through the effective date of suspension or termination.
6.0 Termination by Either Party: If either party breaches a material provision of this Agreement through
no fault of the other party and fails to cure such breach within thirty days after receiving written notice
of the breach from the nonbreaching party, the nonbreaching party may terminate this Agreement
upon notice to the breaching party. The right to terminate underthls Section shall be in addition to,
and not in lieu of, all other rights and remedies the nonbreaching party may have at law or in equity.
TO f=orce Majeure: If any default or delay occurs which prevents or materially impairs a party's
performance and is due to a cause beyond the party's reasonable control, and provided that the
default or delay is not caused by the fault of such party, including but not limited to an act of God,
flood, fire, explosion, earthquake, war, terrorism, revolution, civil commotion, blockade or embargo,
the affected party shall promptly notify the other party in writing of such cause and shall exercise
diligent efforts to resume performance under this Agreement as soon as possible. Neither party will
be liable to the other party for any loss or damage due to such carrse. Either party may terminate this
Agreement because of such default or delay upon thirty days prior written notice to the other party if
the default or delay has existed for 90 days and is continuing at the end of the thirty day notice period.
8.0 Indemnification: CONSULTANT covenants and agrees to indernnify, hold harmless and render
whole the City for any toss, cost, and expense, including attorney fees, which are incurred by the City
for reason of the CONSULTANT's failure to property perform under this agreement. Additionally, itis
expressly agreed and understood that CONSULTANT shall at al; times indemnify and save the CITY
harmless from any and all loss or damage which may be sustained by the CITY by reason of any
negligent act or omission committed by CONSULTANT, and/or its employees and agents, in the
performance of its work hereunder. CONSULTANT shall inderrmify and save the CITY harmless
from any and all claims, demands, and causes of action arising either directly or indirectly from any of
such negligent act or omission including but not limited to claims by third parties for property damage
or personal injury. Notwithstanding the foregoing provisions, in the event loss or damage incurred by
the CITY or claims, demands, or causes of action asserted against the CITY is attributable, in part, to
the negligence of the CITY, through its employees and agents, the foregoing provisions shall not
apply, but rather, the parties shall have such rights and remedies as provided by law. Said
indemnification shall also include reimbursement to the CITY for any attorney fees and court costs
incurred by the CITY by reason of making a claim for loss or damage or by reason of the assertion of
any claims, demands, or causes of action against it, provided, however, that in the event such
attorney fees and costs of the CITY are reimbursed or paid by any insurance carrier, the foregoing
provision shall not apply.
9.0 Non -Binding Mediation: if a good faith effort to resolve a dispute on terms satisfactoryto both parties
is unsuccessful, CITY and CONSULTANT may submit the dispute to non-binding mediation to be held
in Paducah, Kentucky, unless the parties mutually agree otherwise.
10.0 Governing Law: The parties agree that this Agreement and any legal actions concerning its validity,
interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky.
The parties further agree that the venue for any legal proceeding. relating to this Agreement shall
exclusively be in McCracken County, Kentucky.
11.0 Total Agreement: Amendments; Assignments. This Agreement, together with the exhibits attached
hereto and permitted amendments, constitutes the entire Agreernent between CITY and
CONSULTANT and supersedes all prior written or oral understandings. This Agreement may only
Page 2of3
be amended by a duly executed written instrument signed by all parties involved. Neither party shall
transfer or assign any rights under or interest in this Agreement without the prior written consent of the
other party.
12.0 Independent Contractors: The relationship of the parties is that of independent contractors and
neither party will incur any debts or make any commitments for the other party except to the extent
expressly provided in this Agreement. Nothing in this Agreement is intended to create or will be
construed as creating between the parties the relationship of joint venturers, co-partners,
employer/employee or principal and agent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above
written.
BACON FARMER WORKMAN
ENGINEER N & TCSTI CF;-1NC.
BY
M rk Workman
Executive Vice President
ADDRESS:
Post Office Box 120
Paducah, Kentucky 42002-0120
CITY OF PADUCAH, KENTUCKY
Gayle Kaler
Mayor
ADDRESS:
Post Office Box 2267
Paducah, Kentucky 42002-2267
Page 3 of 3
October 16, 2015
Mr. Rick Murphy, PE
City Engineer & Public Works Director
City of Paducah
300 South So Street, P.O. Box 2267
Paducah, KY 42002-2267
BACON I FARMER I WORKMAN
ENGINEERING & TESTING, INC.
Re: Riverfront Park Phase 1B Construction Administration
Mr. Murphy:
RECEIVED
OCC i P) 2015
ENGINEERING
DEPARTMENT
Bacon Farmer Workman Engineering & Testing, Inc. (BFW) is pleased to provide you with the following
proposal for Contract Construction Administration and Resident Inspection for the above referenced
project. This proposal will continue the current design team of BFW, Axed Barn Design and Engineering,
S.C., Manley Brothers, LLC and Marcum Engineering, LLC to provide bid review and support, construction
administration and construction inspections and testing.
Construction Administration
BFW $9,560.00
Marcum $5,900.00
Red Barn $18,970.00
Manley $52,400.00
$86,830.00
The current design team will provide on a Fee & Expense basis and is based on the necessary work to
review the selected contractor's full design submittals:
A. Review and Evaluation of the following items:
1. Performance Based Specified items
500 South 17th Street
P.O. Box 120
Paducah, KY 42002-0120
phone: (270) 443-1995
tax: (270) 443-1904
a. Design Documents
b. Design Calculations
c, Product data related to purchased items such as coating systems and expansion
bearings. This will include all items related to the structural performance of the
overall transient dock/ wave attenuator,
d. Detailed Project Schedule
e. Proposed Value Engineered Options
f. Design -Build Quality Control / Assurances Plan
1215 Dlugutd Drive
Murray,l(Y. 42071
phone: 270-753-7307
fax: 270-759-4950
966 Double Bridge Read
Lewisburg, TN 37091
phone: 931-369-4882
www.bfwenglneers. corn
P.O. Sox 8188
Champaign, fL 61826
Phane: 2t7-433-2172
403 N. Court Street
Marlon, IL 62959
phone: (618) 993-6700
phone: (618) 997-9190
fax: (618) 993.6717
2. Non -Performance Based Specified items
a. Product data for conformity to Design Documents
b. Product data for compatibility for design intent and associated items
c, Detailed Project / Delivery Schedule
d. Proposed Value Engineered Options
e. Design -Build Quality Control / assurances Plan
3. Provide review and comment for contractor provided items
a. Pile Driving (PDA) Testing and blow -count results for Mooring Piles
b. Project Layout / Survey Control
c. ;project Meeting Minutes
d. Project Progress reports
B. Project Meetings:
1. Consultant Meetings (attended by Engineer of Record)
a. Pre- Construction Meeting
b. Monthly pay / progress meetings
2. Sub -Consultant Meetings
a. Pre- Construction Meeting
b. one (1) Monthly progress meeting during construction of sub -consultant designed
item In conjunction with sub -consultant site visit.
B. Project Site Visits:
1. Consultant Site Visit (attended by Engineer of Record]
a. Two (2) standard monthly site visits during construction period and while
construction is active.
b. Four (4) on call site visit by Engineer of Record for conflicts / clarifications during
construction activities.
2. Structural Sub Consultant (Manley Brothers, LLC) Site Visits:
a. Fabricator Facility—Allowance for one trip to the transient dock manufacturer within
a 200 -mile radius of Manley Brothers office.
b. 30% complete site -visit to the project site.
c, 70% complete site -visit to the project site.
d. Substantially Complete site -visit to the project site,
BFWMCC31'J , FARMER � WORKMAN
ENGINEEHINQ 6 TESTING, INC
3. Marine Sub -Consultant (Red Barn Design and Engineering S.C.) Site Visits:
a. four (4) half day site -visits during construction of marine items construction and
prepare and distribute site observation report.
b. Attend monthly progress meetings in coordination with the above scheduled site
visits. (Site visit will be scheduled for same day as meeting)
4. Electrical Sub -Consultant (Marcum Engineering, I_LC)Site Visits:
a. One (1) standard monthly site visit during electrical construction period and while
construction is active .
b. Marcum representative will attend monthly prograss meetings.
Construction Resident Inspection /Testing
$29,550.00
BFW will provide Resident inspection based upon a 360 contract day (18 months, no weekends) with
construction activity assumed 75% of the time at four (4) hours per day.
135 days X 4 hours per day = 540 hours
540 hours X $45 per hour = $24,300
50 hours X $105.00 per hour=$5,250.00
Underwater Survey by Mainstream Divers (if requested)
Sincerely,
Bacon Farmer Workman Engineering & Testing, Inc.
Mark Workman
Executive Vice President
$10,000.00
TOTAL is $126,380.00
BFWBA00N , FARMIM WORKMAN
ENGINEERING $ TESTING. INC
ORDINANCE NO. 2015 -11 -
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING
CONSTRUCTION ADMINISTRATION AND RESIDENT INSPECTION SERVICES
ASSOCIATED WITH THE RIVERFRONT REDEVELOPMENT PROJECT PHASE I-
B, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF PADUCAH, KENTUCKY:
SECTION 1. Recitals and Authorization. The City hereby approves an
Agreement for Professional Engineering Construction Administration and Resident Inspection
Services with Bacon Farmer Workman Engineering & Testing, Inc. (BFW) associated with the
Riverfront Redevelopment Project Phase 1-B. It is further determined that it is necessary and
desirable and in the best interests of the City to enter into the Agreement for the purposes therein
specified, and the execution and delivery of the Agreement is hereby authorized and approved.
Further, the Mayor of the City is hereby authorized to execute the Agreement.
SECTION 2. Compensation. The City shall compensate BFW in an amount not
to exceed $126,380.00, Compensation is set in accordance with Section 5.0 of the Agreement.
Said compensation paid by the City shall be funded through project account DT0020.
SECTION 3. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 4. Compliance With Open Meetings Laws. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
SECTION 5. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
SECTION 6. Effective Date, This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, November 10, 2015
Adopted by the Board of Commissioners, November 17, 2015
Recorded by Tammara S. Sanderson, City Clerk, November 17, 2015
Published by The Paduecih Sun,
\ord`.eng`.agree-en& inspection services-riverfront phase l -B