HomeMy WebLinkAbout12-01-15 Agenda PacketROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
CITY COMMISSION MEETING
AGENDA FOR DECEMBER 1, 2015
5:30P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
ANNUAL REPORT—Barkley Regional Airport Update – R. ROOF
I.
MINUTES
II.
MOTIONS
A. R & F Documents
III.
MUNICIPAL ORDER
A. Approve Amendment #I to MOU with United States Corps of
Engineers for the Ohio River Shoreline Reconstruction Project – R.
MURPHY
TV.
ORDINANCE – ADOPTION
A. An Ordinance Approving Request of Paducah -McCracken County
Emergency Communications Service Board for Funds to Hire
Consultant for Equipment Replacement – POLICE CHIEF
BARNHILL
V.
ORDINANCES - INTRODUCTION
A. Approve Chancre Order # I for 432 Broadway – S. ERVIN
B. Award Contract for Steel Reinforcement for 430 Broadway – S.
ERVIN
C. Purchase Pickup Truck for Parks Department – R. MURPHY
D. Purchase (2) Red 4 Door Sedans kN/Police Package for Fire Prevention
– R. MURPHY
VI.
CITY MANAGER REPORT
VII.
MAYOR & CONOWISSIONER COMIIENTS
VIII.
PUBLIC COMMENTS
IX.
EXECUTIVE SESSION
December 1, 2015
I move that the following documents and bids be received and filed:
DOCUMENTS
Certificate of Liability Insurance and Right of Way Bond for Pinnacle, Inc.
2. Deed with Bob Hopper and Brenda Hollis for 427 North 61" Street (MO 4 1872)
Contracts & Agreements:
a. Professional Engineering Service Agreement with Bacon Farmer Workman
Engineering & Testing, Inc. for Construction Administration and Resident
Inspection for the Riverfront Redevelopment Project Phase 1-B (ORD 2015-11-
8326)
b. Agreement with MAC Construction & Excavating, Inc. for the Riverfront
Redevelopment Project Phase 1-B (ORD 2015-10-8317)
c. Agreement with Marcum Engineering, LLC for the Paducah Dome Relocation
(ORD 2015-11-8323)
d. Grant Agreement between Paducah Police Department and the Kentucky
Transportation Cabinet Office of Highway Safety (ORD 2015-9-8293)
e. Right of First Refusal Agreement with Paducah Riverfront Hotel, LP for lease of
501 North 3"r Street (ORD 2015-09-8288)
4. Paducah McCracken Joint Sewer Agency Financial Statements for Years Ended June 30,
2015 and 2014
5. Transit Authority of Paducah Financial Statements for Year Ended June 30, 2015
6. Purchase Area Development District Financial Statements for Year Ended June 30, 2015
Paducah Junior College, Inc. Basic Financial Statements for Year Ended June 30, 2015
Electric Plant Board D/B/A Paducah Power System Financial Statements for Years
Ended June 30, 2015 and 2014
BIDS FOR Engineering -Public Works Department
(1) 3/J Ton 4x4 Pickup
1. Paducah Ford*
2. Linwood Motors
*Denotes Recommended Bid
3. Larry Stovesand Buick GMC
BIDS FOR En ineerin -Public Works Dwartment
(2) Red 4 Door Sedans — Fire Prevention
1. Linwood Motors
2. Paducah Ford
*Denotes Recommended Bid
Agenda Action Form
Paducah City Commission
Meeting Date: December L 2015
Short Title: Amendment #I to MOU vvith USACE for Work Provided or
Performed Prior to Execution of a Project Partnership Agreement for 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-Rublic Works Director
Background Information:
On September 22, 2015. Municipal Order # 1861 was adopted which authorized the Mayor to execute
a Memorandum of Understanding between the Department of the Army and the City of Paducal}
Kentucky for work provided or performed prior to execution of a Project Partnership Agreement for
the Paducah Kentucky Local Flood Protection Project. This MOL' authorized the City to receive "in-
kind credits" for the following floodwall work performed:
[Zebu 1Id/rehab Pump 4' 1 and Pump #2 located at Pump Station No. 9 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.
Remove; restore, rehabilitate, replace and/or reconstructany/all flap gates within the
vicinity of the Floodwall limits.
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 28, 2015, the MOU .vas executed by Colonel Christoplier G. Beck and the in-kind
credits were approved. Following receipt of the executed N40U, numerous attempts were made to
rebuild/rehab the Floodwall pump components at Pump Station No. 9, only to discover that the
necessary parts were not readily available and that the pumps had to be rebuilt. On November- 2,
2015; a formal appeal was sent from the City Engineer -Public Works Director to Colonel Beck,
requesting that the executed MOU be amended to allow receipt of in-kind credits for the replacement
Of Pump Station #9 pumps 1 and 2 and to allow up to 12 floodwall closures. Subsequently, the
USACE has agreed to amend the MOU as follows:
1. That paragraph 1, subparagraph a as set forth in the execrated MOU be amended in its
entirety to read as follows:
a. Replace Pump Station No. 9, pumps I and 2 as generally described in the
November 2, 2015, letter. Replace related Pump Station No. 9 components
and reconfigure Pump Station 9 as generally described in the November 2,
2015 letter.
2. That paragraph 1, subparagraph c as set forth in the executed MOL' be amended in its
entirety to read as follows:
c. Permanently seal and or modify a reasonable number not to exceed twelve
(12) as compared to the number set forth in the feasibil ity Study of movable
Closures as determined by final design generally described in the November
2, 2015 letter.
Agenda Action Form
Page 2
Goal: ❑Strong Economy ®Quality Services []Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: N/A
Account Number: Finance
Staff Recommendation:
To adopt a Municipal Order authorizing the Mayor to execute Amendment Number 1 to
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.
Attachments:
Executed Memorandwn of Understanding dated September 28; 2015
Municipal Order # 1891
Amendment Number 1 to MOU
November 2, 2015 letter to Colonel Beck
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NUMBER 1 TO THE 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. RECONSTRUCTION
PROJECT
WHEREAS, on September 22, 2015, the City of Paducah adopted Municipal Order
# 1861 authorizinQ the Mayor to execute a Memorandum of Understanding between the Department
of the Anny and the City of Paducah Kentucky for work provided or performed prior to execution of
a Project Partnership Agreement for the Paducah Kentucky Local Flood Protection Project; and
WHEREAS, it was not included in the original Memorandum of Understanding for
the City to gain in-kind contribution credits if Pumps 1 and 2 at Purnp Station No. 9 «ere replaced
and only to allow only 8 (loodwall closures to be permanently sealed; and
WHEREAS, the Department of the Army wishes to amend the original MOU to
allow in-kind contribution credits for the replacement of Pump Station #9, pumps I and 2 and to
allow up to 12 floodwall closures to be permanently sealed.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute
Amendment Number 1 to the Memorandum of Understanding between the Department of the Anny
and the City of Paducah for work provided or performed prior to execution of a Project Partnership
Agreement for Ohio River Shoreline, Paducah. Kentucky, Reconstruction Project,
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 Corn missloners, December 1, 2015
Recorded by Tammara S. Sanderson, City Clerk, December I, 2015
\mo\MOU-amend-Ohio River Shoreline
DEPARTMENT OF THE ARMY RECEIVED
U.S. ARMY ENGINEER DISTRICT, LOUIS\dLL.E
CORPS OF ENGINEERS
P.O. BOX 59 2 0 2015
LOUISVILLE KY 40201-0059
Mr. Rick Murphy, P. E.
City Engineer and Public Works Director
City of Paducah, Kentucky
P.O. Box 2267
Paducah, Kentucky 40201-2267
ENGINEERING
DEPARTMENT
Re: Amendment Number 1 To Memorandum Of Understanding Between The Department
Of The Army And The City Of Paducah, Kentucky For V,'ork Provided Or Performed Prior
To Execution Of A Project Partnership Agreement For Ohio River Shoreline, Paducah,
Kentucky, Reconstruction Project
Dear Mr. Murphy:
The subject document is attached for review, approval, and execution by the City of
Paducah, Kentucky. Please be advised that to be eligible for credit for the costs of the work
proposed under this Amendment Number 1, the criteria set forth in paragraph 9 of the
Memorandum of Understanding must be met. In addition, please be further advised that an
additional amendment would be legally required should the City desire to be eligible to receive
in-kind contribution credits for approved project features that are not listed in paragraph 1 of the
Memorandum of Understanding or Amendment lNrumber 1 to the 1 Iemorandum of
Understanding.
As the Project Manager, Mr. Michael Moore is your point -of -contact for any questions or
concerns that you, members of the City administration, or the City's legal counsel may have.
9 topher k
COlonel, Corps of Engineers
Commanding
Enclosure
Amendment Number 1 To Memorandum Of Understanding
Between The Department Of The Army knd 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 AMENDMENT NUMBER 1 TO MEMORANDUM OF UNDERSTANDING
is made and entered into this day of
2015, by and between the United States Department of the
Army (hereinafter referred to as the "Government"), acting
by and through the Commander and District Engineer, United
States Army Engineer 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 of
Paducah, Kentucky.
WITNESSETH, THAT:
WHEREAS, on the 28th day of September, 2015, the Government
and the Non -Federal Interest did enter into a Memorandum of
Understanding for the performance of certain work prior to the
execution of the Project Partnership Agreement for the Ohio
River Shoreline, Paducah, Kentucky, Reconstruction Project; and
WHEREAS, by letter dated the 2nd day of November,
2015, the Non -Federal Interest has requested the amendment of
paragraph 1, subparagraph a and subparagraph c as set forth in
the above -referenced Memorandum of Understanding.
NOW, THEREFORE, the Government and the Non -Federal
Interest agree as follows:
1. That the above -stated recitals shall be a part of
this Amendment Number 1 to Memorandum of Understanding.
2. That paragraph 1, subparagraph a as set forth in
the above -referenced Memorandum of Understanding is hereby
amended in its entirety to read as follovs:
a. Replace Pump Station No. 9, pumps. 1 and 2 as
generally described in the above -referenced letter from the
Non -Federal Interest. Replace related Pump Station No. 9
components and reconfigure Pump Station 9 as generally
described in the above -referenced letter f}om the Non -
Federal Interest.
3. That paragraph 1, subparagraph c as set forth in
the above -referenced Memorandum of Understiading is hereby
amended in its entirety to read as follor7s:
c. Permanently seal and or modify a reasonable number
not to exceed twelve (12) as compared to the number set
forth in the feasibility study of movable closures as
determined by final design generally described in the
above -referenced letter from the Non -Federal Interest.
4. All other terms, conditions, agreements, and
covenants as set forth in the above -referenced Memorandum
of Understanding shall remain in full force and effect.
IN TESTIMONY 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 Amendment Number 1 to Memorandum of Understanding shall
become effective upon the date it is signed by the Commander
and District Engineer, United States Army Engineer District,
Louisville.
IM
CITY OF PADUCAH, KENTUCKY
Gayle Kaler, Mayor, City of
Paducah, Kentucky
2
ATTEST:
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 Amendment Number. 1 to
Memorandum of Understanding shall become effective upon the
date it is signed by the Commander and District Engineer,
United States Army Engineer District, Louisville.
lim
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, Louisville
3
CERTIFICATE OF AUTHORITY
I, W. David Denton, Denton Law Firm, PLLC, do hereby
certify that I am the principal legal officer 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 this Amendment Number 1 to
Memorandum of Understanding between the Un --ted 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 Ohio River Shoreline, Paducah, Kentucky, Reconstruction
Project and that the person who executed this Amendment Number
1 to Memorandum of Understanding on behalf of the City of
Paducah, Kentucky has acted within her statutory authority.
Witness the signature of W. David Denton, Denton Law
Firm, PLLC, City Attorney, City of Paducah, Kentucky, this
day of , 2015.
E -*W
CITY OF PADUCAH, KENTUCKY
W. David Denton, Denton Law Firm,
PLLC, City Attorney, City of
Paducah, Kentucky
4
Rick Murphy, P.E.
City Engineer
2 November, 2015
Colonel Christopher G. Beck, P.E.
District Commander
US Army Corps of Engineers
Louisville District
P.O. Box 59
Room 751
Louisville, KY 40201-0059
CITY OF PADUCAH
300 South 5th Street
P. O. Box 2267
Paducah, KY 42002-2267
www.paducahky.gov
Attn: Ms. Linda R. Murphy, P.E., PIMP (For LRL Internal Distrihutiou)
Deputy District Engineer, CELRL-DP
Re: Ohio River Shoreline, Paducah Kentucky Reconstruction (Project)
MOU Amendment Request
Dear Colonel Beck:
Phone: (270) 444-8511
Fax: (270) 444-8689
Please recall my correspondence of request to you of 9 September, 2015, regarding the above referenced
subject. Whereas the City of Paducah's (Sponsor) request was received by the USACE Louisville District
(District) causing an appropriate MOU to be drafted and properly executed between the District and the
Sponsor, Please also note, at the time I drafted my original request of 9 September, 2015 the Sponsor had
every intention of executing the buileted requests as originally outlined. However, upon my attempt to
execute the rehabilitation and/or rebuilding the pump components at Pump Station No. 9 it was quickly
discovered that the availability or the existence of the necessary parts were not readily available,
Furthermore, should the Sponsor been able to acquire and IF the Sponsor were able to acquire and
implement the necessary parts to restore Pump Station No. 9's existing motor and pump configurations,
we (District and Sponsor) would not expect to gain an additional 50 year design life from this station.
Please recall, the design team's targeted design life goal for the Project's reconstruction is for an
additional 50 years.
Notwithstanding, it has been brought to my attention by District personnel that the aforementioned MOU
associated with this particular subject is in need of amending due to the Sponsor's inability to "rebuild"
said pump components at Pump Station No. 9 described herein. Therefore, I am appealing to your office
EQUAL OPPORTUNITY EMPLOYER (L5✓�� TDD 1-800-247-2510
Colonel Christopher G. Beck, RE.
2 November, 2015
Page 2 of 3
to have a proper Amendment drawn to our executed MOU dated 28 September, 2015 that reflects the
following;
• Pump Station No. 9: Pump No. 2 has failed and must be rebuilt in-kind, restored and/or replaced
with modern pump equipment. Pump No, 1 has excessive vibration and is considered marginal at
best. Therefore, given Pump Station's No. 9 current configuration and fast approaching high
water season, it is my request, post pursuit of the "rebuilding/rehabilitating both Pump Station
No. 9 pumps I & 2 In -Kind," to be abandoned and an immediate pursuit of "replacing both
pumps No 1 & 2 with dry well submersible pumps" as preciously authorized. Additionally the
pursuit of this amended recommendation will invariably cause the need to replace related Pump
Station No. 9 pump components. Therefore, the amendment to the current MOU should allow
the Sponsor the freedom to execute the needed manpower, equipment and labor necessary for
Pump Station No. 9's reconfiguration that results in a functional pump station having the
displacement capacity equal to or greater than its original design. As such, the Sponsor is
requesting to receive "In -Kind" credit for all of its expenses in association with the Sponsor's
entire effort to reconstruct Pump Station No. 9.
• Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to
remove, restore, rehabilitate, replace and/or reconstruct any/all flap gates stated within the subject
LFPP's aforementioned authorization documents, This portion of the Project is characterized as
"Priority No. 2, Flap Gates."
• Permit the Sponsor to receive "Authorized Project In -Kind Credit" for all expenses it will incur to
permanently seal and/or modify several of the LFPP'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 LFPP's authorized documents and has been characterized as
"Priority No, 3, Sea] Closures."
As stated in previous correspondence, given the USACE and Sponsor have executed a PED Agreement
for the Project's overall design and has yet to execute a Project Partnership Agreement, (PPA), the
Sponsor is burdened for 100% of the repairs, restorations, rehabilitations, replacements and/or
reconstruction to ANY/ALL previously authorized components of the Project. As of this date, the
Sponsor does not receive the aforementioned credits as the execution of a PPA has not occurred,
rendering the Sponsor's efforts ineligible by the government. Therefore, as the circumstances for the
Sponsor's LFPP are constantly changing while the government process for the reconstruction for this
Project lingers on, I am appealing to your office to "Amend" the current MOU to address and to allow the
Sponsor to receive "Authorized Project In -Kind Credit" as discussed herein.
In conclusion, the Sponsor is heretofore making a formal appeal and request to the District to immediately
pursue an Amendment to the current MOU discussed herein, allowing the Sponsor to receive "Authorized
Project In -Kind Credit" for those items listed in the bulleted points above, as well as any additional
Colonel Christopher G. Beck, P.E.
2 November, 2015
Page 3 of 3
Project authorized component failures integral to the Project that may fail prior the USACE and Sponsor
having the opportunity to execute a PPA.
Your assistance and response to this formal request is greatly appreciated. In the event that you or
members of your team may have any questions regarding this request, please do riot hesitate to contact me
at the telephone number listed above or my cell phone, (270) 994-7396.
Regards
Rick Murphy E. VCity Engine r & Public Works Director
C: Jeff Pederson, City Manager, via email
Honorable Gayle Kaler, Mayor, via email
John R. Bock, P.E., USAGE, LRL Chief, Engineering Division, via ernai)
Michael Moore, USACE, LRL Project Manager, via email
Richard G. Kaiser, Brigadier General, U.S. Army, via email
Jennifer A. Greer, USACE Headquarters, Chief, Future Directions Branch, via email
MUNICIPAL ORDER NO. 1$&,1 AD pTE®
A MUNICIPAL ORDER AUTHORIZING THE MAYOR 70 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, KF TUCKY
BE IT ORDERED BY THE CITY -OF PADUCAH, KEu MCKY:
SECTION 1. That the City of Paducah hereby authorizes the Mayor to
execute a Memorandum•ofUnderstanding between the Department of :ire Army;
represented by the U.S. Army Engineer, Louisville District and the Cit` sf Paducah for
work provided or performed prior to execution of a Project Partnersbip Agreement for
Ohio River Shoreline, Paducah, Kentucky.
SECTION 2. This Order shall be in full force and'eff�ci from and r6cr
the date of its adoption.
Adopted by the Board of Commissioners, September 22, 2015
Recorded byTammara S. Brock, City Clerk, September 22, 2015
\mo\MOU-Ohio River Shoreline
I
",.E:`':CRANDUM OF UNDERSTANDING
i35FT`.,EEN
THE `'DEPARTMENT OF THE AFAY
ANr TPE
CITY OF PADUCAH, KENTUCKY
FOR 'WORK P• OVIDED OR PE RFCRMED
PRIOR. •i0 EXECUTION C_
A
PROUEC" P ARTNS,RSH P AGREE: EMIT
FOR
VE- S: t_`.RET. r_'vE PADUCAH, KENTUCKY,
,
iiECCNS"i R.'J .TION PROIJiEC"
?�IaRr\L)"'M ;r' UNDER.S'i'. NC' I`S (he:eicafter referred
t;, .,_ '(.OU") is -mace and entered into this 26�' day of
2015, by and between the United States
Department of the Army (hereinafter referred to as t:he
"Government") , acz.ir.g by and through the Commander and
Encineer, United Stages Army Engineer District.,
C- anC1 rhe C_ty of PcCIL'Cah, ItentuCky, a Home Rule
l._aSS CLry organized and exist -
..n j under
and pursuant t0 thC-
R4i3
or the �'o;`.:Iron—,,ea'_`_.h of Ken-! :uckv ,hereinafter referred
Jo `_ "e.de—taI interest"? ,-nctiriq by and ttiir •Ug'1
6'JHE�EAS, SeccL'ic:n 22] (a) of the Flood Control Act of
9'7;:, aG amended by Sec—inn 2003 of the Uater Resources
Develop.-e%L'A c •_ of f 2007, provides that a Cost Sharing
nar_nership agreement may provide credit for the value of
r•.-:aterials or services provided before the execution of such
CCSC Shat 2.rl;l par �neL'Ship agrece.menz if Lhe Secretary and zhe
intey.e st ent r into an agree; ant under which
C!h -.on -Federal interesc Shd-1 'carry out such work and only
Carried ou_ LC.'Iow_ng the eXP_c.;t 3f such 3ree~,en_
2 C CeS l giF i.� rcr 7re�L _,
11C1d1?rst ]Tl'{c an
%nc:,'.rdaeha •ar.y cr.c-C ir. _u_ e? _q_b_e ir, - kind
ce^trib.ticRs will be afforded only towa>u the required
rnci-i-Federal ccntribuition of funds (i.e. cash contribution)
un.^'er the Project Partnership Agreement for the project or
,enarahle elemer,r. of the project except such credit will
not be afforded toward the non -Federal. requirement to
prcvide in cash 5 percent of the costs a'_located to
.,;r,�ctura' flood damage re•:__icticn; and
Wb41E'2F,Ar, by dated :he 9th day of September,
2C11', Lhe Nc:i-Federal Interest staled _ts intent to perform
-, , .r3?? '�f -< (t�E,.' _.:c?i' refprred to as Lit? "PrcipOse!a
!^r , a,s d _n e:7 in rc::'cCJY1C1 1 of chis T';01 '.orLor -.o the
x .._Ion 1 e . rc°e, ci Par Lnersh I' c Acreenlent fcr t,e Ohio
i'e'E'Y horoline, Pad .cah, Kentucky, Recor.str:lction Prc4ec::.
T„EREFCRE, the Govern-menr and the Non -Federal
_:'_erest agree as
.":.e Nor."ederal Tnterest shall. provide or perform t'n.e
rCnc•s d W'cr' in acccrdanl: e wii h the. terms and ccndi.tions
OC` _._•S PfJIJ. :he Prcv.osed Work shall consist of:
a. Rebuild/Rehotb),l ....ate both of Pump Station Nc. 5
_e_<:peut_v__y, as aenera11.y described in the
at _ v r e if e re c e d _F_t cer F rei^ ..he `on -F e d e ral Interest
b. Restore, re.^,abi liLate, replace and/or reconstrucr
any/all Flap gates as generally 'described in the above-
reierenced .ietL"er Froin the Nc;n-Federal Ira �,erest.
c. Permanently seal eight movable c'osur.es as
uenerally described in the above -referenced letter from the
2. "P.:c inreresc s...,,.1 dtivelo�,, all necessary
c:'C':,=eiiRC1 U.'_a?is. ar,d �_JE'CiL=� 'Eions fcr =he Proposed Mork,
_'eci=ra_ interest s -all_ ccr.1F:_e'_ all recess:
_i'v ronraent l ccorc--:aoi, aid ob-- in all apcl.icable
2C era , ii8C',and iocaI [)ermit5 ..equii"`t! fcr the
Cor?'.'.ance CSL the Proposed Viork
2
"r':^.e Non-reaeral Interest shall comply with the
applicable prov_•s=ins cL the Uniform Relocation Assistance
a^d Real Property Acquisition Policy Act cf 1970, Public
91-646, as amended (42 U.S.C. 4601-4655), and the
Uniforn-, Regulations contained in 49 C. F .3 • Part 24, in
Ss yin',
lands, ea.s'.er.er;ts, And riglhts-of-way required 'for
cc.r:struct_on and subsecuent e;.eration and maintenance of
_h 'roposc_ 'seoyk, ::r.'-'r_`crm all affected persons of
be::e `its, pc' ices, and prose:^:Utes in connect? cn
i said Act_.
d. othing in this M100 creates any duty, obligation, or
responsibility for the Government. Any activity undertaken
by the *.on -Federal Interest for the implementation of the
rcpLs ed Work is scl.ely at the Non--edera' Interest's cthr.
and respons5bili,_,Y.
C. '.'.'1e :'v -n -Federal If:teres, shall keen b:'oks, records,
..mencs, and G .h.er evidence =e pet_ taininng to costs and
ex ease _nc ur. ed p-.., rs uant t:. :his M.Ou. t0 the extent and in
. Cr• dezl c S w;? ,.l } 1 Oj ZT 'i" c^T=-E'it �O a costs 4 o'_" zhe
%-4o k an -d the Non - Fed: rat Interes _ shal-I make such
eV_, erice a`iai able. for inspection aril] audit by authcri?ed
representatives of the Government.
7 . Vne Mon-Federa.`_ Ince rest understands '_ ;at any costs
incurred_' for the clean-up of hazy-rdour material regulated
by _.^.e Corprehensive Environmental Response, Compensation,
":d cU2Ii:-V Act (lerelnafter ��i:):..'RCLA"; 42 U.S.C. .Sectional
9CC 1-:,6"1Ij i t ti2c1 muy ex 1.`_'t in, on, cr under lends,
ea:�Emerlts, cr rights-cf-way required for the proposed Work
ere a Non-['e,ne'_a . Tnzeres c re sponslb_'. ] i?:,'J and tha � no
credit snail be aftorde-1 for such clean -.10 costs. In
iC l -1C•^., ti''. Non-Federcil Interest understands thl at as
bee':.,,.,ee"? t•:e ';-�vernment and the [don-:eciera'_ Interest, the
\7.-.,n-='ederal Interest s! -all be considered :he operator of
the Proposed ,^dor: for' the purposes of CE.kCLA liability. io
Lt?e rlaxi ,um extent pracmi cable, the Non -Federal Interest
sha_! operate, ainmair., repair, replace, and rehabilitate
e Propose ,,jc.'k in a manner that will not cause liability
;L: Pr'lsa under c"t{:l.•r'
3
8. '[he parties to Ll;is HOU shall each act in an independent
capacity in the pe-formar')-ce of glair respective functions
and neither party is to to considered the
"gent, or en;p,loy'ee.. of the other
i!',e I�Gr'.-Ft�deral InCerest understands :pat to be eligible
c
,_or tr.a costs of the Proposed Work:
a. The Gcvernment trust r• -take a deterr:nation that the
Prcposed 'rdork is integYul to the project;
b. .he Prc^osed 6'ork s:'all be subjec* to a review or
O'-S'..tte _nspeW_ion, as app- i ,'abl.e, anC' cartification by the
G—:vc:=•^•me"t L' :at Che work 'wa_ accc-molisl'?e,i in a satisfactory
;`.artner and i?; 3CC7T' °"ice w't' :1pp1iC-a)✓1e Federal laws,
"eg a: -_.ons, n pC11 C_ te5
... `2 Z 0 S L 7 f _ L ^-2 Pr ;os ed Wer.: _ ^a C reay be
e__cib1,e for red, S}:•a:1 be 5 :`'ieCt to dl: audlt by �Yle
GCVerr;r e t tJ determi-ne the reasonableness, allocability,
arra n1lCSd hl__ y OS Si Ch COs .S';
d, The costs incurred for the Proposed Work are not
>tab.;ect to interest charges, nor are the -7 subject to
ad jL:strnent to reflect changes in price levels between the
,L..:'rtc' thie Pr'nl:CSed 'vticrk is completed an:-' :he time that
c;e.c_t ;ray l;e a_for.ded;
r'. "h 'i::1i-.'E':Crc]_ r': t''"�St t}"•a:1 r;•7`•: use GC`dera!
fun lsz (e ,her funds or ;,-ants pra:-_ded by a Federal
ce cy as .•re-: as any nor. -Federal raEch.it�j share or
that Naas requ-tred by such F-deral agency for
r ` r.
_ucl: program or grant; for the Proposed :1orl< unless the
Federal agency prcviding the Federal portAor of such funds
verifies in writing that expenditure of sach funds for such
purpose is expressly authorized by Federal law;
zr.Only the cc-sts of the Proposed i�ork. that do not
the Government' s estimate of the cost of such wofk
?e 'vJOr . 'C'11,accoi1pi3,Shed by the Government may be
e_ ib_e for
i
g. Any _;):'7_rac..= alNarded for Lhe. Prcpcsed V..'ork s'lall
rrovI.Sio:IS CCnSistent LvitL! all aPclicable Fe6eraI
laws and r'er_il at ].ons ar d the Kort -Federal Interest shall
a'_.1 aLp_ical;_'F, Eedera_ and State laws and
regulations, including, but not limited to Section 601 of
cht __v `L R - g "r'!ts TcL or 1964, P��.]blic Law $8-352 / 4
2 U.S.C.
20rCdi, and Cc'parLmEnt CI Defense Direct_ve 5500.11 issued
pursuan!.. thereco, as well as Army Regulation 600-7,
on the Basis of Handicap In
Prc'vralms ;grid' Activities Assisted or Condtcted by the
TI-te ..on-Federa L .nCerest -rusC corlp,ly with
�pc,.able . eJera]b r Si•:S covering non -Federal
^�':=..r:]%�-1C'.•!, ..'.^.�_,:di;�c :"Jt not limited to, 40, J.5.C. 3141-
� v v
C. 3!�C1-'3 8 (rev ins n7, cod` (y; rg and
SUs:ant -ve ch
ILange the provisions of the
Davis -Bacot, pct ! fcrme_ly 40 U.S.C. 276a ec seg, ? , the
Cont r.act Xork Hours ano Safety Standards :pct ( fcrmerly 40
�I,�,I�, 3�J ccr g�r�, i, a tf:; CUUeic:Ti� nn:.l-Kickback Hct
! Cri?lc?`i I 4 0 J.S.... 76C) , 1 ar'7
4:
1-r-f.-14I_?ng for _re coscs o= the. Proposed t.`!ork may be
:3, Lr: .:r10 Ie C= _;: p:3rt, as ti .cSl]lt C:` the :'��Cn-
��,r�.� lnecres:.'s fa__.:re co c::in ly with the terms of th_s
paY.."tses ayree to enter into a Project
Partners_na-p Agreement for the Ohio River Shorel:,ne,
Pad,_,cah, Kenr ucky, Reconstruction Project at Paducah,
Ke-.,ucky, the', tr,e Project Partne_ship Agreer,.lent w -J 1
conLain .;rCV_iS]-Cris regarding affording credit for cosCs of
zhe Pr-ccosed Work, if f the Secretary deter.,xdrie.5 that the
rrc:ose� Wcrk is _::tegral to the project.
s`)a_l ,Ct be. _nterpreted as a
;'i..-:C...ssu'_ance _cc,,:4rd ng _iter app`'lVdl of any prClect;
S a !. ! 11.;1. ._.:R°Jrl_ t :.i:.. un.a LeC S .ates ..o any type Ct
rein -.y _ er! .. J' fcr .:he Pro ! tri ! do not
.4.-�:�m f C`•c�..: t .�. .r}%Cjc1G Crr:; E'S O
a_L r a:-.- y p:ccess co b - -1. . -- _.Y the Gove_nment -r.
making a del_Erm,-nation _o execute a fuLu'"e Project
-cr=.':2?:sfl].p 1=c eemenL; Rcr Coes it orov"e any assurance
any Future agreement w 1 _• 'ever be executed for tale
the ,.reposed Work, or any portion of the project,
thi' MOO shall no;,- i, t2rpret :] ro S..gnify any
Penera_ participation 1;, or cCr?'IitI`Ier]t t0 Ehe projec,. or
?ro.. ed Fork, 1:1 _na_lly, this MOU shall not be
ccr.s-ruea as ehe Government to assume anv
respcn-_,_. it i ty pi -aced upN . ^e :ion-redera - T:tterest or any
C'_.`:eir r.,_,-F-Ge'2:a_ en: -`Ly or as preve:,1-inq the GoverRli?er]L
p c'�e:.. "-1,at could EsuL... in the
Oc^sECI firr:C :"rFGrRl'j 1^j' the \i01-EEd2Ia=!I rer:'st :!v
1^�, being an _-?_egra? part of the de=_y^ of the project.
_:v _�Ji FQ!iY iT:[t> vF, +=t c55 f e SLc�nat:urC or the Cit;/ Cf
Pa-Jucah n2cky, a Home R` -,1e Gass cit:; organized and
under and pursuant to the 1 t � ^,�S'i0^. 'lti' c1"
_ d°r:S 0 f]2 L.C. �:e� ,
K=.':t'.acky, 6y its ciul y qualified aril el e.ctej Mayor, Gayle Kaler,
zo a Ord' inancE 6.131-y passed and adopted by the
affirmative vote a majority of t"Ie duly qualified and
Dinars c . c Of S i ne S City Paducah,
e _ectaa -',Zc:r..�. //_,, 'i] Board Co%;ir: s o.._r C_ y ci �iacah,
ti�is ;2611 ciaV o. _ ///i�( 20-15. This MOJ
`FceCC.i ve upon the date it is signed by the
Co.. -,ar 'er C:r'.``-•� Cist?icr t=.ngi-..ee.r, Uni-ce__ Stateslimy Engineer
Vi i
- 'Y:
OF 2r:DUCLIH, KENTUCKY
Gayle K• Ds'-, Nay/'or",- City of
Pa, _:ah, V%;ntucky
Tamrr,ara S. Sanderson, City Clerk,
City of pau'L.cah, Kentucky
6
N S'i'IvOtJY WHEREOF, v,12.-ness L e sicnature of the
Un--, "..e.Ci States Dep ar',.- en: of The Ar!iy, ac --Jnqq L:y and through
[-re-- Cenur,.ander and CSStriC:t Engineer, UniteC States Army
i_.!",a',neer D. CrICC, Louisvi l iE', tr!1.S 2U <',2)' of
shall lecome effective
uccn the date _t ._s s'. : e by The 'Commandar and Districr
EPf71:;iEr, Uri -'ted S'--a'-es Ar;;iy Engineer Dis-�r?ct, Louisville.
UNITED STATES DEPARTMENT OF
THE 'ARMY, ACTING BY AND
THROUGH THE %0I,5MANDER AND
DISTRICT Ei;GINEER, UNIITSD
STATES AL*'!Y ENGINEER DISTRICT,
LJU7SVII,Lr
y . /.!' LAC '1' 1 LLQ f
iShri stopher s cI'
Colonel, Corps of Engineers
Commander and District Encineer,
United States Army Encineer
District, Lcaisvi.11e
CERTIFICATE OF AUTHORI-Y
W. D'aVi ; u-.lt^n, menton Law Firm, tLLC, d0 t ei'eCV
! t --.e �JT'1nC;l.:d1 legal OfSii.:.2i Qi the City OF
a':LCJt , uerii:'uck that I";c City of ad1�C3fi, 2ienLUCICy 15 a
1 _ca'_ly ccn: ti T.L trd public body with full authei-ity and legal
c•a;�:_:bility to rertc'rm 'Erle terms oL the MICS between t!^e United
F.Cctes Departrment Of C.he Army and the City of Paducah,
Kentucky -Jr. connecCion wic-h thea ?rOJcsed Nork to be provided
orF.erfoT'Tf.e'd brio_` to t.:e execution cf a Project Partne'_'ship
Ag—p?nle! t- lfor t'rie. 01,141.O River Shoreline, ?aducah, Kentucky,
Z L"C12 Uc _SJ31 whC exe=c :ted 0 -is
t!OU crl .;ehal_ ^f the (-'=ty Of Pariucah, KenLuc y has _--ted
Wj i!1 iter Scat:!'_ory al:-.hor tv.
the S -.� u re of .:T. Dav ij Demcn, Denton Law
PLM, City Wturney, City of Paducah, Kentucky, this
-Z?_ day of . ..... 2315.
CITY OF P.%D.UC.k.H, KENTUCKY
BYii
W. DaviJ Deaton, Denton Law. Firm,
PLLC, Ci zy ,'Attorney, City of
Ke.-Itucky
8
hick Vurhh:. 1'i
G!v
9 September 201
C'ol; c! C hr,stophe: C. becK, P.L.
Di;tricl Con•rnal?del
I'S Aclix Corpsut'l.n_inrcr,
l_UlliS%ills• Dimrtct
P.O. 13m 59
Room. 73 1
Louise i I Ic. K Y 40201-0059
r
C ITY OF PA1)UCAH
,itlt South ?tit Su'crt
BUX 22(7
I'acluc:rh. KY 42002-220'
Attn: ':N'[s. Linda R. Murphl%, P•E., P -NIP (far LRL Internal Distribution)
Deputy District Engineer, M,RL-DP
Re: Ohio River Shoreline, Paducah Keninel,y Reconstruction
Request
Dear Coloncl Beck:
i'lrntu•: (_';0; t•i i -cif i
F,lx: 1,270) l,144,1689
As you are aware the US Army Corps of Em,ineers, Louist iHe District (L'SACE) in conjunction with the Cite of
Paducah hes bccn pursuing the abmc reference Project since 1993. As of the date, the Project has been fully veucd
thtowuh the L1SAC I: Civil \Yorks Projec:i protocols including a Feasibility Report (dated April. 201 i; Reused
September. 20! 1), receiving (fie suppnn of a Signed Chief's Report (dtued 16 May, 2012)and further legislated and
authorized by H.R. 3030. WRR DA 2014, page 174. Please now, approximately 17 years has corse and eons during
the pursuit of the LiSACI'. and Sponsor fulf1lino the governmental requiremewsto qualify the Project for federal
funding p ,nicipation. Durin_ this time, the Sponsor has been !otally responsible for maintenance of the LFPP to its
Reit Capacity, s+hile the authorized Project rehabilhation!reconstruction compo:►ents identified as pan of the Project
c ontutue to fail I his failure sanies the Sponsor to rep lace !restore said conapo!tents at 100% of its cost. Please rote
that the Sponsor's rehabilitation may oi- may not aliL_n with the preferred authorized methods outlined in the
aforementioned documents. Time will not permit the preferred reltahilitatior to gel these components back on line
has the wakc of a nest flood Season is upon us: hence, the purpose of writing and reaching out to you.
At this angle i Mould like to make you imare of my immediate needs, they art as follom:
Pump Suation No. 9: Pump No. 2 has failed and must be rebuilt in'and. Pump No. I has excessise
vibration and is considered man,inal at hest. Therefore. given Pump Stwion's No. 9 current Confi-uration
and fast approaching hill water season, it is my recornme,'dation to pursue rebuilding'reltabilitating both
Pump Station No. 9 pumps i &, 2 In-kind" in lieu of replacing, them with dry well submersible pumps as
pretiutrsly authorized.
..r} �_l.r-''_JYI' �� .00 ,30.
Colonel C'hristophcr 6 Beck, P.1:
9 Scptcn•i,cr. 2201 i
Pt:_c 3 0l'2
Permit the Sponsor to recei\ e "i\ulhoriz.ea Project In -Kind Credit" for all expenses it wil! incur to remove,
re,tore, rehabilitate, replace and -'or reconstruct anyiall flap gates stated within the subject LFPP's
al2ncincr t:oried duthoriz.ation documents. This portion of the Project ischaraeterized as "Priority No. 3,
Hap Gags
Pet -no the Sponsor to receive "Authorized Project in -Kind Credit" for all expenses it will incur to
permanently seal eight of the LFPP's 4? movable closures that have become obsolete to commercial use
and access to the Ohio River. This portion of the Project is also des:ribed within the subject I:FPP's
aforementioned author ization documents and has been characterized as "Priority No. J, Seal Closures."
Notwithstanding, ais-cn the USAGE wid Sponsor have executed a PFD Agreement for the Project's o�•erall design
and has het to execute a Pro cc,, Partnership Agreement, (PPA), the Sponsor is burdened for 100%ofthe repairs,
icsloratsons, rehabilitations, replacements andror reconstruction to ANY/AI,1, previous',y authorized con;pon:ep,ts of
the Project.:AS of this date, the Sponsor does not receive the aforementioned credits as the execution of a PPA has
not occ•ur:•ed. rendering the Sponsor's efforts ineligible by the government. it is also my understanding, that it t;ta)l
he possible for the Sponsor to receive "Project In -Kind Credit" provided an authorized Memorandum of
Understanding, (\401,J) that may be executed be -,ween the USACE, and Sponsor.
i'herefore, at ,his time the City of PadtlCah'Sponsor is making a formal appeal and requesl to the USAGE LolliS\ille
l�;;tict n:ir,criatc'v pursue rn appropriate'\1IOU that would in fact allow the Sponsor to rec,-we "In -Kind Credit"
i*or those itcnis listed in the bulieted points above as well as any additional Protect authorized component failures
irxorai to thu Pro_it:cl tha::nay fail prior the USAGE and Sponsor having theopporturtity to execute a PPA.
Your assist,111ce and response to this formal request is greatly appreciated. Ir the event that you or memhers of your
;Cam may itr,ve any questions tegarding this request, please do not hestiate to contact me at the telephone norther
listed above car tnv cell phone, (270) 994-7396.
;teLarcis.
s
Rick A4tsr};hv, F.
C 1? li nginc�i 1)LIM C \l cOks Director
.Icl-I P derson. City Miw ;=er. %m ema,l
l hma;ablc Gan le f:a'.cr. Mayor. v:a email
Cohn R Back. P 1-. . USACH. LRI. Chtet', lingin ,�n!1g via email
'ti:hael Mooic, t'SAC'i•. IAL Pother Manager, via email
liiciiard G. Kaisct, Brtetadtei General. 11 S. Army. %ia email
erinilei :\ Grcer. I;SACT 11c;Idtluaiters. C IIM'. l"inute Directions Rrancll.via email
MUNICIPA-L ORDER NO. L44 1 A)DOPTE j
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
A MEMORANDUM OF UNDERSTANDING RETWEF,N ME DEPA1tTtifENT OF
THE ARMY AND THE CITY OF PADUCAH FOR WORK PROVIDED OR
PERFORMED PRIOR TO £XF=- ION OF A PROJECT PARTNERSHIP
AGREEMPNT FOR'fHE OHIO RIVER SHORELINE, PADUC.UH KFiVTUCKY
BE IT ORDERED BY TETE CITY OF PADUCAII, KENTUCKY:
SECTION 1, That the City of Paducah hereby authori2ei the Mayor to
execute a Memorandum of Understanding betwt>n die Departmect of Yite Anny,
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 Parmership Agreement for
Ohio River Shoreline, Paducah, Kentucky.
SECTION 2. Tliis Order shag be in full force and effect from and after
.he date of its adoption.
1
ACEST: i
Tarnmam S. Sanderson, City Clerk
Adopted by the Board of Commissional, September 22, 20tS
Recorded by Tammaro S- Brock, City Clerk, September 22, 2015
�moww-Ohio Riven 5horebe
CER I EICA1 ION SHARON M. BOND, IN-K.:?�D 'MENORANDi1M
OF UNDERSTANDING DESIGNEE
Memorandum Of Understanding (Attached Hereto), Ohio River
Shoreline, Paducah, Kentucky, Reconstruction Project
The subject Memorandum of Understanding l:as been fully rev .owed,
and is hereby approved,
Dated this 28th day of. September, 2015.
tgned by
BOND.SHARON.M. SONDA AZON.M.1230586213
CN: c=US, o.U.S. Government, ou=COQ o—PKI,
1230586213 dam 2015C4.8N 2318'434N.f`A/.0t230586213
Sharon 14. Bond, C J.ef, Planning Branch,
Planning, Programs, and Project
Management Division, United States Army
Engineer District, Louisville
Agenda Action Form
Paducah City Commission
Meeting Date: November 24, 2015
Short Title: Appropriation of Funds for 911 Wireless Communications Consultant
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Stere Kyle, Brandon Barnhill
Presentation By: Brandon Barnhill
Background Information:
In 2013, the city commission and fiscal court commissioned a review of E-91 1 operations. As
a result of the report, recommendations were made to establish a capital plan for replacement of
equipment. Part of that plan would be identifying replacement equipment for the current
equipment that has reached end of life. The Paducah/McCracken County Emergency
Communications Board commissioned an RFQ/RFP for a Public Safety/Wireless
Communications Consultant. The contracted services with the Public Safety/Wireless
Communications Consultant will be for planning, design, and implementation assistance in the
replacement of the current 911 system infrastructure, including a public safety radio/wireless
communication system, a 911 telephony system, and computer-aided dispatch systems. The
result of the review of the RFQ/RFP's submitted was the identification and recommendation of
Federal Engineering, Inc., as the consultant to be contracted. The Paducah/McCracken County
Emergency Communications Board requests that the City Commission authorize funds for its
portion of the contract.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name: General Fund, Unreserved Fund Balance
Account Number: Finance
Staff Recommendation:
Accept the recommendation of the Paducah/ McCracken County E-911 Board and provide funding for
the engagement of the wireless communications consultant.
Attachments:
Department Head City Clerk Cite Manager
Agenda Action Form
Paducah City Commission
Meeting Date: December 1 201
Short Title: 432 Broadway Demolition — Change Order #1
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Steve Ervin, Greg Cherry, Sheryl Chino
Presentation By-- Steve Ervin
Background Information:
On July 21, 2015 the City Commission adopted an ordinance (2015-7-8277) accepting the bid of
Environmental Abatement, Inc. in the amount of $458,685,00 for the demolition of the
condemned/unsafe structure at 432 Broadway. After EAI was mobilized and starting initial
demolition, it was discovered that the existing steel column that supports both the Varney and
O'Leary buildings would not support the weight of Varney's exterior wall once 432 Broadway (Varney
Building) was demolished. Staff procured the services of Adam Bohnhoff with Civil Design Inc. to
engineer both temporary shoring of the Varney Building and permanent stabilization of the Varney
building from the exterior of the Qwest wall. This permanent stabilization will include the construction
of an 18' masonry wall adjacent to the Varney Building. Additionally, the existing steel columns
underneath the steel beam will be reinforced to stabilize the exterior wall of the Varney building. This
xti ark is being done so that further deterioration within the block will not occur.
Staff is currently preparing bid documents for the construction of the masonry wall (contract 3). Bids
for the steel reinforcement work (contract 2) were opened on Nov. 20, 2015,
The Citi- of Paducah has applied for a $500.000.00 CDBG to offset the costs of the
demolition/stabilization costs. A $125,000 match was required for total project costs of $625,000.00.
We anticipate an announcement from the state within the next week.
EAI, Inc. has submitted a change order request regarding the 432 Broadway Demolition project in the
amount of $20,933.00 The Change Order is related to remobilization of the equipment and includes
the following:
■ Increase rental charge for barricades, fence, toilets, and road plates;
■ Remobilization of equipment and personnel;
■ Property Survey;
■ Permanent Shoring Evaluation cost between EAI, Inc. & Associated Engineers; and,
■ Increased contract time of 103 Calendar Days.
Goal: ❑ Strong Economy ❑ Quality Services ❑ Vital Neighborhoods ® Restored Downtowns
Funds Available: Account Name: p
Account Number:
Project Number: j2-r1,0(l3 ` J
Fiance
Staff Recommendation: Authorize the mayor to execute Change'Order #1.
Attachments: Request for approval of Change Order #1 from EAI, Inc.
Agenda Action Form
Department Head City Clerk
Page 2
Cit,Mana er
ORDINANCE 2015 -12 -
AN ORDINANCE APPROVING CHANGE ORDEK NO. 1 WITH
ENVIRONMENTAL ABATEMENT, INC. FOR DEMOLITION OF A CONDEMNED/UNSAFE
STRUCTURE LOCATED AT 432 BROADWAY IN THE CITY OF PADUCAH, AND
AUTHORIZING THE MAYOR TO EXECUTE THE APPROVED CHANGE ORDER
WHEREAS, the City approved Ordinance No. 2015-7-8277 to enter into a contract with
Environmental Abatement, Inc., (EAI, Inc.) in the amount of $458,685.-00 for the demolition of a
condemned/unsafe structure located at 432 Broadway; and
WHEREAS, Environmental Abatement, Inc., has submitted a change order request in the
amount of $20,933.00, for increase rental charge for barricades, fence, toilets, and road plates;
remobilization of equipment and personnel; property survey; permanent shoring evaluation cost between
EA 1, Inc., & Associated Engineers; and increased contract time of 10; calendar days; and
WHEREAS, it is necessary for the City to approve Change Order No. I and authorize the
Mayor to execute said document.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby approves Change Order No. 1 for an increase
in the amount of $20,933.00 with Environmental Abatement, Inc., for various changes necessary to
complete the demolition of the condemned/unsafe structure located at 432 Broadway and to extend the
completion date to February 26, 2016; therefore, increasing the total cost to $479,618.00.
SECTION 2. The Mayor of the City of Paducah is hereby authorized to execute Change
Order No. I approved in Section I above.
DT0034.
SECTION 3. Expenditures for this project will be processed through Project Account
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 Coin miss ioners, December 1, 2015
Adopted by the Board of Commissioners, December 8, 2015
Recorded by Tammara S. Sanderson, City Cleric, December 8, 2015
Published by The Paducah Sun,
lord\insp\chgord 1-432 Broadway
OC -650
CHANGE ORDER
PAGE 1 OF 1
CHANGE ORDER NO:
DATE:
NAME OF PROJECT:
OWNER:
VENDOR:
CITY OF PADUCAH
Department of Planning
CHANGE ORDER
1
December 23,2015
432 Broadway Demolition
City of Paducah, Kentucky
Environmental Abatement, Inc.
THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS;
ADDITIONS $20,933.00
DEDUCTIONS $
CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCREASED BY: $20,933.00
ORIGINAL CONTRACT PRICE: $458,685.00
CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: $458,685.00
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: $479,618.00
INCREASED CONTRACT TIME 103 DAYS
APPROVALS REQUIRED:
VENDOR
L�:�
Director of Planning
MAYOR
DATE
2
DAT
DATE
Environmental
Abatement,
Inc.
To: Sheryl Chino
From: Ed Craft
CC: Kathy Gore
Date: 10/26/2015
Re: Change Request #1; De-mobilization/Re-mobilization, Add#ional Retial & Survey for- 432
Broadway Building (City of Paducah) — Paducah, Kentucky - REVISED
Provided is the associated cost REVISION for Change Request #1 as referenced. The following
provides breakdown for the additional services/costs to be incurred or that has been incurred on the
project.
Rental Charges for Barricades, Fence, Toilets & Road Plates ($5,415.00/Month)
Additional Costs Two months $10,833.00
De-mobilization/Re-mobilization:
e EAI Equipment/Personnel
o Rental Equipment
Property Survey
$ 5,685.00
$ 900.00
$ 1,950.00
Permanent Shoring Evaluation — Associated Engineers $ 1,565.00
TOTAL CHANGE REQUEST #1
$20,933.00
EAI de -mobilized all rental equipment from the site in order to minimize monthly rental fees; however
the traffic control/security remains on the site. EAI anticipates a completion date of February 26, 2016
— by this change order we are requesting an extension of 103 Calendar Days.
Thank you Sheryl and let me know if you have any questions and when approved.
Ed Craft
19
325
ORDINANCE NO. 2015-7-8277
AN ORDINANCE ACCEPTING THE BID OF ENVIRONMENTAL
ABATEMENT, INC., FOR DEMOLITION OF A CONDEMNED/UNSAFE STRUCTURE
LOCATED AT 432 BROADWAY IN THE CITY OF PADUCAH, AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Environmentai
Abatement, Inc., in the amount $458,685.00 for demolition of a condemned/unsafe structure at
432 Broadway iii the City of Paducah, said bid being in substantial compliance with the bid
specifications, and as contained in the bid of Environmental Abatement, Inc., of July6, 2015.
SECTION 2. That the Mayor is hereby authorized to execute a contract with
Environmental Abatement, Loc., for services as set out in Section. 1 above, according to the
specifications and all contract documents heretofore approved and incorporated in the bid.
SECTION 3. This expenditure shall be charged to DT -0034 Project Account. A
Community Development Block Grant application for up to $500,000 is anticipated to be the
primary source of funding for the work. Should the grant application not be successful, required
monies will be drawn from un -spent 2013B Series bond proceeds.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
n
ay
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, July 14, 2015
Adopted by the Board of Commissioners, July 21, 2015
Recorded by Tanunara S. Sanderson, City Clerk, July 21, 2015
Published by The Paducah Sun, —�rL�,k 4 �.
ord\inspldcmo-432 broadway
• - - - �- - - - --f -, r --- .- - .--Tr
Agenda Action Form
Paducah City Commission
Meeting Date_ 1 December 2015
Short Title: 432 Broadway Demolition — Contract 2, Steel Reinforcing of 430 Broadway
® Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Sheryl Chino, Steve Ervin
Presentation By: Steve Ervin
Background Information: As part of the permanent stabilization work of adjacent structures
(430 Broadway) associated with the Demolition of 432 Broadway, staff recently solicited bids
for Contract 2 — Steel Reinforcing work. Contract 2 will reinforce the existing steel columns
underneath the steel beam to stabilize the exterior wall of 430 Broadway building. This work is
being done so that further deterioration within the block will not occur.
All work performed will comply with current City codes and regulations and all Community
Development Block Grant guidelines (CDBG).
Bids:
In full compliance with the City's procurement policies, staff solicited sealed bids through an
advertisement in the Paducah Sun on October 29, 2015. Based on the scope of work, staff
anticipated the contractor's bids to total somewhere in the neighborhood of $21,000. Bids
were opened at 3:30 PM on Friday, November 20, 2015 with the following results:
Contract 2 — Steel Reinforcing contract for 430/432 Broadway
1. Darnell Steel and construction, LLC $19,750.00
Staff reviewed each bid in order to determine the most qualified contractor based on CDBG
procurement requirements. The City must award the contract to the lowest responsible and
responsive bidder if the bid is within the budgeted amount. To beresponsive, the bidder must
have submitted all required CDBG required documentation including; Prevailing Wage
Certification, Equal Employment Opportunity Certification, Section 3 Certification, Bid Form
and Bid Bond.
However, due to the fact that the city received only one bid, the CDBG program requires the
city to submit a request for approval of sole source procurement or rebid the contract. The
CDBG procurement policy states: A contract may be awarded by noncompetitive negotiation
only when the award is infeasible under small purchase procedures, competitive sealed bids,
or competitive negotiations and one of the following circumstances applies:
1, There is some public emergency that will not permit delay resulting from competitive
solicitation (the grantee must declare an emergency as authorized by law); or
2. The results of the competitive negotiations are inadequate; or
3. The product or service is available only from a single source.
Goal: ❑ Strong Economy ❑ Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available:
Account Name:
Account Number:
Project Number:
432 Broadway Finance Director
04088275362307
DT -0034
Staff Recommendations: Staff recommends the Steel Reinforcing Contract — Contract 2
be conditionally awarded to Darnell Steel and Construction, LLC for 19,750,00. The
contract will be awarded only if the sole source procurement process is approved by
the CDBG program.
Attachments:
S�-
Department Head City Clerk City Manager
438
ORDINANCE NO. 2015 ----
AN-
AN ORDINANCE CONDITIONALLY AUTHORIZNC `fHE NON
COMPETITIVE NEGOTIATED AWARD FOR THE STEEL REINFMCING CONTRACT
FOR 430/432 BROADWAY, PADUCAH, KENTUCKY, WITH DARNELL STEEL AND
CONSTRUCTION, LLC, IN AN AMOUNT NOT TO EXCEED 519,7SO.OD PURSUANT TO
KRS 45A.375 AND AUTHORIZNG THE MAYOR TO EXECUTE TILE XFORES AID
CONTRACT UPON APPROVAL BY THE COMMUNITY DEVELOP'\iEN-r BLOCK
GRANT PROGRAM
WHEREAS, the City requested sealed competitive bids for Cont zc! 2 — Steel
Reinforcing work, which will reinforce the existing steel columns underneath the steel beam to
stabilize the exterior wall of 430 Broadway in Paducah, the building ad;acent to and associated
with the demolition of 432 Broadway in Paducah (the "Project"); and
WHEREAS, funding, for the Project is being obtained in part from the Community
Development Block Grant program (the ",CDBG"); and
WHEREAS, on November 20, 2015, the City received only one (t) responsive and
responsible bid for the Project from Damell Steel and Construction, L1,C, with a bid amount of
519,750.00 for the Project; and
\NTHEREAS, based on staff recommendations, the City Mlanaeer has detennined in
X%.Titin- that competition is not feasible and there is only a single source within a reasonable
geographical area of the service to be procured, and that the best interest of the Ciri' «ill not
permit the delay attendant to a resolicitation, therefore; it is recommended that a noncompetitive
award may be made with the sole bidder in accordance with KRS 45n.175; provided, however,
the award is approved by the CDBG; and
WHEREAS, pursuant to Section 2-666 of the Paducah Code of Ordinances, the City is
required to comply- «ith any procurement requirements imposed by as agency from ,,which the
Cite may receive funds, including but not limited to state and federal3gencies; and
WHEREAS, the CDBG guidelines require special approval fer i sole source
procurement.
NOW, THEREFORE; be it ordained by the Board of Commissioners of the City of
Paducah, as follows:
itionally acceptstrebid of Darnell Steel and
SECTION l . That the City of Paducah cond
Construction, LLC, with a bid amount of 519,750.00 for the Project;p;ovided, however, the
award is approved by the CDBG in accordance with the CDBG gui&Jres, said bid being in
substantial compliance with the bid specifications and advertisement fot bids, and as contained in
the bid of Daniell Steel and Construction, LLC, of November 20, 2015,
SECTION 2. That the Mayor is hereby authorized to execute a contract with Darnell
Steel and Construction, LLC, as set out in Section I above, according to the specifications, bid
proposal and all contract documents heretofore approved and incorporated in the bid,
PROVIDED, HOWEVER, THE AWARD IS APPROVED BY THE CDSG PROGRAM.
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 tU Ordinance were taken
in an open meeting of this City Commission, and that all deliberations ofthis City Commission
and of its committees, if any, which resulted in formal action, were in mccdngs open to the
public, in full compliance with applicable legal requirements.
SECTION S. Conflicts. All ordinances, resolutions, orders or Farts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict. Lemby repeated and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 6. Effective Date. This Ordinance shall be read on tvro separate dkN s and will
become effective upon summary publication pursuant to KRS Chapter 4-24,
MAYOR
ATTEST:
Citv Clerk
Introduced by the Board of Commissioners, .2015
Adopted by the Board of Commissioners, 2015
Recorded by City Clerk, 2015
Published by The Paducah Sun, 2015
Agenda Action Form
Paducah Cite Commission
Meeting Date: December 1, 2015
Short Title: Purchase of One (1) 2016 Ford F 250 4x4 to be used by the Parks
Department
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Randy Crouch, EPW Maintenance Supt.
Kathy Wyatt, EPW Admin Asst. UI
Presentation By: Rick Murphy, P -E., City Engineer -Public Worl.s Director
Background Information:
On October 29, 2015, sealed written bids were opened for the purchase of one (l) 4x4'/4 Ton
Pickup to be used by the Parks Department. Three bids total were received. They were
Paducah Ford $28,948.00; Linwood Motors S30,621.00; and Larry Stovesand Buick GIC
533,726.00. The delivery time on the Pickup will be 151 days after contract execution. This
will replace a 2005 F250, unit 43)10, which is in the fleet plan.
Goal: ❑Strong Economy �]CQuality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: Rolling Stock/Vehicles; 1123115
Fleet Lease 'Trust Fund Finance!
Account 'Number: 071-0210-542-4005
Staff Recommendation:
To receive and file the bid and adopt an Ordinance authorizing the \Mayor to execute a
contract with Paducah Ford for the purchase of one (1) 2016 Ford F250 '/, Ton 4x4 Pickup
for use by the Parks Department in the total amount ol'$28,948.00.
Attachments:
Bids, Bid Tab, Advertisement, Proposed Contract
VI
Depart en He, City Clerk j City iManager
v
ORDINANCE NO. 2015 -12 -
AN ORDINANCE ACCEPTING THE BID FOR SALE TO THE CITY OF ONE
(1) FORD 4X4 3/ TON FOUR DOOR PICKUP TRUCK TO BE USED BY THE PARKS
SERVICES DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of Paducah Ford, in the amount
of $28,948.00, for sale to the City of one (1) Ford 4X43/4 ton four door pickup truck, for use by
the Parks Services Department, said bid being in substantial compliance with bid specifications,
and as contained in the bid of Paducah Ford, of October 29, 2015.
SECTION 2. The Mayor is hereby authorized to execute a contract with Paducah
Ford, for the purchase of one (1) 4X4 3/ ton 4 door pickup truck, 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 Rolling StockNehicles account,
Fleet Lease Trust Fund.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 324.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, December 1, 2015
Adopted by the Board of Commissioners, December 8, 2015
Recorded by Tammara S. Sanderson, City Clerk, December 8, 2015
Published by The Paducah Sun,
\ordpworks\truck-4 door 4 wheel drive
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Agenda Action Fo1•m
Paducah Cite Commission
Meeting Date: December 1, 2015
Short Title: Purchase of Two (2) 2016 Dodge Chargers SSV Vehicles for use
by the Fire Prevention Division
®Ordinance ❑ Emergency El Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Randy Crouch, EP\\% NJaintenance Supt.
Kathy \V%att, EPNV Admin Asst. [I1
Presentation By: Rick MUrph,•, P.E., City Engineer -Public Works Director
Background Information:
On October 29, 2015, sealed written bids were opened for the purchase of tw•o (2) 2016
Dodge Charger SSV Vehicles to be used by the Fire Prevention Division of the Fite
Department Tx -%.-o bids total were received. They were Linwood Motors 553,146.00 total:
and Paducah Ford $54,606.00 total. The delivery time on the Chargers Neill be 100 days after
contract execution. These will replace a 2001 Ford Taurus - unit #1533 (that was totaled in an
accident). and a 2006 Ford Taurus — unit -1534 (both are in the fleet plan).
Goal: ❑Strong Economy ®QualitV Sel'Vices ❑Vital Neighborhoods ❑Restored Dowiltowjis
Funds Available: Account \'arae: Rolling Stocic/Vehicles it12311�;
Fleet Lease Trust Fund Ahiance
Account Number: 071-0210-542-4005
Staff Recommendation:
To receive and file the bid and adopt an Ordinance authorizing the Mayor to execute a
contract with Linwood 'Motors for the purchase of two (2) 2016 Dodge Charger SSV vehicles
for use by the Fire Prevention Division of the Fire Department in the total amount of
$53,146.00.
Attachments:
Bids, Bid Tab, Advertisement; Proposed Contract
a
[Tjeni e, City Clerk'-
MA
lerk`-_---
J
ORDINANCE NO. 2015 -12 -
AN ORDINANCE ACCEPTING THE BID OF LINWOOD MOTORS FOR
SALE TO THE CITY OF TWO (2) 2016 DODGE CHARGER SSV VEHICLES FOR USE BY
THE FIRE PREVENTION DIVISION OF THE PADUCAH FIRE DEPARTMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT' FOR SAME
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of Linwood Motors in the total
amount of $53,146.00, for two (2) 2016 Dodge Charger SSV vehicles for use by the Fire
Prevention Division of the Paducah Fire Department, said bid being in substantial compliance
with bid specifications; as contained in the bid of Linwood Motors on October 29, 2015.
SECTION 2. The Mayor is hereby authorized to execute a contract with Linwood
Motors for the purchase of two (2) 2016 Dodge Charger SSV vehicles; authorized in Section l
above, according to the specifications, bid proposal, addendum and all contract documents
heretofore approved and incorporated in the bid.
SECTION 4. This purchase shall be charged to the Rolling Stock/Vchicles-Fleet
Lease Trust Fund Account.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
Mayor
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, December 1, 2015
Adopted by the Board of Commissioners, December 8, 2015
Recorded by Tammara S. Sanderson, City Clerk, December 8, 2015
Published by The Paducah Sun;
`:ord\pwurks\vehicles — chargers -fire dept-limvood motors 12-2015
00580
AGREEMENT
Page I of 1
CITY OF PADUCAH, KENTUCKY
ENGINEERING -PUBLIC WORKS DEPARTMENT
AGREEMENT to PURCHASE TWO (2) RED 4 DOOR SEDAN VEHICLES
w/FACTORY POLICE PACKAGES
for use by the
FIRE PREVENTION DIVISION
THIS AGREEMENT, made this _ day of , 2014 by and between the CITY OF
PADUCAH, hereinafter called the OWNER, and Linwood Motors hereinafter called the VENDOR, for the
consideration hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK
The Vendor shall provide Two (2) Red 4 Door Sedan Vehicles w/Factory Police Packages to
be used by the Fire Prevention Division in full compliance with the Bid Proposal Dated October 29,
2015 and with this Agreement, the Specifications and any Addendum(s) issued.
ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Vendor hereby agrees to commence work under this Contract and to fully complete the
delivery of the aforementioned Vehicles within 100 consecutive calendar days thereafter from the date of
this Agreement.
ARTICLE 3, THE CONTRACT SUM
The Owner agrees to pay the Vendor the following, subject to additions and deductions provided
therein: Fifty -Three Thousand One Hundred Forty -Six Dollars ($53,146.001 as quoted in the
aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on
by Ordinance #
ARTICLE 4. PAYMENTS
The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract
Documents and the Specifications. The Payment shall constitute full compensation for the work and
services authorized herein.
ARTICLE 5. GOVERNING LAW
The Parties agree that this Agreement and any legal actions concerning its validity, interpretation
and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further
agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken
County, Kentucky.
ARTICLE 6. THE CONTRACT DOCUMENTS
The Specifications and any addendum that may have been issued are fully a part of this Contract
as if thereto attached or herein repeated.
IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above
written.
VENDOR CITY OF PADUCAH, KENTUCKY
BY BY
TITLE Gayle Kaler, Mayor
ADDRESS ADDRESS:
Post Office Box 2267
Paducah, Kentucky 42002-2267
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