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Home My WebLink AboutAgenda Packet 11-14-2023ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PUBLIC COMMENTS MAYOR'S REMARKS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which I/a CITY COMMISSION MEETING AGENDA FOR NOVEMBER 14, 2023 CONSENT AGENDA 5:00 PM s - WKCTC CROUNSE HALL ROOM 101 Approve Minutes for October 24, 2023, Board of Commissioners Meeting 4810 ALBEN BARKLEY DRIVE PADUCAH, KY 42003 Receive & File Documents Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner's desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PUBLIC COMMENTS MAYOR'S REMARKS Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A. Approve Minutes for October 24, 2023, Board of Commissioners Meeting B. Receive & File Documents C. Appointment of Ian McVicker to the Paducah -McCracken County Riverport Authority D. Appointment of Michael Campbell to the Historical and Architectural Review Commission (HARC) E. Personnel Actions F. Approve Contract Modification 45 for Midstates Construction for the Civic Center renovation project in an amount of $4,790.15 - A. CLARK G. Approve Addendum to Lease Agreement with Heritage Operating, LLC D/B/A Cremation Society of Paducah - A. CLARK H. Approval of Contract Modification for increase of Scope in Contract with Chambers Roofing Co., Inc. for the Market House Roof replacement change of $1,288.17 - C. YARBER L Approve the Application for a Creating Vibrant Communities Grant - N. HUTCHISON J. Authorize the application for and acceptance of a Kentucky Equitable Entrepreneurial Ecosystems in Rural Communities Grant in the amount of $5,000 for the Paducah Main Street Program - N. HUTCHISON K. Approve the Contract for Uniform Services for the Fire Department - S. KYLE IL MUNICIPAL ORDERS) A. Approve amendment to MO 91667 Schedule of Fees for the Robert Cherry Civic Center - A. CLARK B. 2024-2025 Annual Agreement Kentucky Main Street Designation - N. HUTCHISON III. ORDINANCE(S) - INTRODUCTION A. Annexation of four City -owned lots for potential redevelopment - J SOMMER B. Authorizing the Closure of 33,722 Square Feet of Vermont Street Between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street, and 125 Ridgeview Street - R. MURPHY C. Approval of Contract Modification #1 for S. 25th St Improvement Project with Central Paving Co. in the amount of $69,535.09 - R. MURPHY D. Approve Contract Modification 92 of Construction Contract with Jim Smith Contracting, LLC in the amount of $127,300.00 - R. MURPHY E. Approve a Residential Infill Agreement By and Between the City of Paducah and EMD Properties, LLC for LaBarri Subdivision Not to Exceed $197,991.86 - R. MURPHY IV. DISCUSSION A. I High Level Financial Overview - FY2023 - J. PERKINS V. COMMENTS A. Comments from the City Manager B. Comments from the Board of Commissioners VI. EXECUTIVE SESSION October 24, 2023 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, October 24, 2023, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George Bray presided. Upon call of the roll by the City Clerk, Lindsay Parish, the following answered to their names: Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray. INVOCATION Commissioner Smith led the Invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. ADDITIONS & DELETIONS City Manager Daron Jordan explained that two Municipal Orders were being added to the agenda, including: 1. Contract with Sprocket, Inc. in an amount of $75,000 for Small Business Development Programs 2. Contract Modification No. 4 with Midstates Construction in the amount of $12,369.08 for the Robert Cherry Civic Center Project. PROCLAMATION Mayor Bray presented a Proclamation to Heather Anderson, McKinney-Vento Liaison for the Paducah Public Schools, declaring November Hunger and Homelessness Awareness Month. MAYOR'S REMARKS Mayor Bray Recognizes Chef Sara Bradley "Mayor George Bray presented Chef Sara Bradley with the Mayor's Award of Excellence. The award states, "in honor of your international achievements in culinary excellence and your positive impact on our community." Bradley is chef and proprietor of Freight House in downtown Paducah. Bradley gained international fame with appearances on Bravo's Top Chef series." Traffic Signal Proposal from Kentucky Transportation Cabinet Mayor Bray announced that the Kentucky Transportation Cabinet has proposed to convert five of the City's traffic signals to all -way stops. The signals are at 9th and Broadway, 13th and Broadway, 21st and Broadway, 9th and Jefferson, and 6th and Jefferson. These intersections do not have enough traffic flow to warrant signals. Converting to an all -way stop involves a transition of changing the signals to all -way red flashing for a period of time before the removal of the signals and installation of stop signs. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. October 24, 2023 I(A) Approve Minutes for the October 10, 2023, Board of Commissioners Meeting I(B) Receive and File Documents: Contract File: 1. FY2024 Contract For Services — Paducah Junior College — Community Scholarship Program - $100,000 — MO #2797 2. Healthworks Corporate Wellness and Health Services Agreement — MO #2800 3. Strategic Health Risk Advisor & Strategic Benefit Placement Services Agreement — MO #2801 4. Anthem — Fixed Administrative Costs Agreement — MO 92802 5. Medicare Secondary Payer Form — MO 92802 6. Stop Loss Insurance Renewal Agreement — Voya — MO #2804 7. Long -Term Disability Insurance — Mutual of Omaha — MO #2805 8. Colonial Life Employee Voluntary Benefits — MO 92806 9. Reimbursement Agreement between City of Paducah and Hope Unlimited — Safe Haven Baby Box Installation — MO 92813 10. Kentucky League of Cities Proposal for Certification under Certified City of Ethics Program — MO #2814 Financials File: 1. Paducah Water Works —Financial Statement— Years ended June 30, 2023 and 2022 I(C) Personnel Actions I(D) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH TYLER TECHNOLOGIES RELATED TO REMOVING CERTAIN MODULES, CAPPING INCREASES TO SAAS FEES AND ADDING ACCESS MIGRATION O#2815; BK 13 I(E) A MUNICIPAL ORDER AMENDING THE FY2023-2024 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY MO#2816; BK 13 I(F) A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2023-2024 JOB GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY 0#2817; BK 13 I(G) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A 2023 KENTUCKY LEAGUE OF CITIES LIABILITY GRANT IN THE AMOUNT OF $3,000 FOR REIMBURSEMENT OF FEES ASSOCIATED WITH THE KENTUCKY ASSOCIATION OF CHIEF'S OF POLICE ACCREDITATION PROGRAM, ACCEPTING ANY GRANT FUNDS AWARDED BY KLC, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME O#2818; BK 13 I(H) A MUNICIPAL ORDER AUTHORIZING THE ACCEPTANCE OF A GAMETIME DISCOUNT GRANT IN THE AMOUNT OF $37,584.50, AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AGREEMENT WITH GAMETIME IN THE AMOUNT OF $66,942.57 FOR THE PURCHASE OF INCLUSIVE PLAY ELEMENTS FOR KEILER PARK PLAYGROUND, AND October 24, 2023 AUTHORIZING THE EXECUTION OF ALL OTHER DOCUMENTS RELATED TO SAME (MO#2819; BK 13) Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). MUNICIPAL ORDER BFW PROFESSIONAL SERVICES CONTRACT TO ASSIST WITH ENGINEERING DEPARTMENT TRANSITION Commissioner Henderson, offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PADUCAH AND BACON, FARMER AND WORKMAN ENGINEERING & TESTING, INC., TO ACCEPT THE HOURLY PROFESSIONAL FEE SCHEDULE FOR ENGINEERING SERVICES TO BE PROVIDED TO THE CITY OF PADUCAH." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO#2820; BK 13) APPROVE FY2024 CONTRACT WITH SPROCKET, INC., IN THE AMOUNT OF $75,000 Commissioner Smith offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SPROCKET, INC. IN THE AMOUNT OF $75,000 TO PROVIDE SMALL BUSINESS DEVELOPMENT AND JOB CREATION PROGRAMS." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO#2821; BK 13) APPROVE CONTRACT MODIFICATION WITH MIDSTATES CONSTRUCTION IN THE AMOUNT OF $12,369.08 FOR THE ROBERT CHERRY CIVIC CENTER Commissioner Wilson offered Motion, seconded by Commissioner Smith, that the Board of Commissioners adopt a Municipal Order entitled, "A MUNICIPAL ORDER ADOPTING CONTRACT MODIFICATION NO. 4 TO THE CONSTRUCTION CONTRACT WITH MIDSTATES CONSTRUCTION, INC. FOR THE ROBERT CHERRY CIVIC CENTER, IN THE AMOUNT OF $12,369.08, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT MODIFICATION AND ALL OTHER DOCUMENTS RELATED TO SAME." Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (MO#2822; BK 13) October 24, 2023 ORDINANCE ADOPTION TRAILS END SUBDIVISION FINAL PLAT APPROVAL AND SURETY APPROVAL Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR PROPERTY LOCATED AT 125 RIDGEVIEW STREET; ACCEPTING THE DEDICATION OF RIGHT OF WAY OF RIDGEVIEW STREET, JOEY WAY, AND PETTER AVENUE; ACCEPTING PUBLIC UTILITY EASEMENTS; AUTHORIZING THE MAYOR TO SUBSCRIBE A CERTIFICATE OF APPROVAL ON THE PLAT; AND AUTHORIZING THE MAYOR TO EXECUTE THE SUBDIVISION PERFORMANCE AND WARRANTY SURETY BOND AGREEMENT AND ALL OTHER DOCUMENTS RELATED TO SAME." This Ordinance is summarized as follows: This Ordinance approves the final report of the Paducah Planning Commission on the proposed final subdivision for the property known as Trails End Subdivision located at 125 Ridgeview Street. Further, this ordinance accepts the dedication of right of way of Ridgeview Street, Joey Way, and Petter Avenue, accepts all public utility easements, and authorizes the Mayor to execute the Subdivision Performance and Warranty Surety Bond Agreement and all other documents related to same. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). (ORD 2023-10-8793, BK 36) DISCUSSIONS Communications Manager Pam Spencer provided the following summaries: Paducah Preservation Opportunities Assessment "In October 2022, the City of Paducah signed a contract with Rhodes Heritage Group to develop recommendations for preserving and stewarding several historic and cultural assets in Paducah, a priority for the Paducah Board of Commissioners. These iconic assets include the Hotel Metropolitan, Stuart Nelson Park and the legacy of Dr. Stuart Nelson, Columbia Theatre, Oscar Cross' home, and Southside Neighborhoods. After multiple meetings with stakeholders and on-site visits, Monica Rhodes, Rhodes Heritage Group founder and president, along with Paducah native, Brent Leggs, presented an overview at this meeting of the Preservation Opportunities Assessment report which provides preservation recommendations for each historic site or area. Rhodes called Paducah a "trailblazer" for the desire to preserve and be stewards of its local cultural legacy. The full report can be found at https://paducahky.gov/historical-and-cultural-resources." Solid Waste Collection Rates Discussion "Director of Public Works Chris Yarber provided an overview of the Public Works Department's Solid Waste Division, which is staffed by 25 employees. This division manages the collection of refuse and curbside recycling. In 2022, more than 10,700 tons of residential garbage were collected along with nearly 126 tons of recyclables. Since the City of Paducah launched the curbside recycling initiative in 2018, the number of customers has not grown as much as expected — 753 customers in the initial year to the current 1329 customers. Yarber showed the history of the increasing cost per ton to dispose of solid waste. The City paid $34.95 per ton in fiscal year 2016 to dispose of garbage. Currently, the City pays $50.40 per ton to October 24, 2023 dispose of solid waste, and it costs even more to dispose of recyclables with the City paying $57.71 per ton. With the increase in the disposal fees for solid waste and recycling along with increasing personnel costs, the Solid Waste Division's revenue and expenses are not balancing with the current year expected to have a $1.2 million shortfall that must be balanced from reserve funds. Yarber then discussed the history of the solid waste collection fees. For a residential customer with one garbage container, the monthly fee is $16.50. That fee has been in place since June 2008 when it was increased from $15.35. Since it has been more than 15 years since fees increased and to balance the budget, Yarber proposed bringing Paducah's fee in line with other Kentucky communities. Yarber proposed increasing Paducah's residential fee from $16.50 per month to approximately $24.50 per month which could be a phased implementation. There would be an increase in fees for commercial customers as well. The next steps are to gather feedback from each Commissioner and develop a proposed rate implementation plan to present at the next regular Commission meeting." Safe Haven Baby Box Project "At the previous meeting, the Paducah Board of Commissioners approved an agreement with Safe Haven Baby Boxes, Inc. for the installation of a safe haven box at one of Paducah's fire stations. Since that meeting, Paducah Fire Chief Steve Kyle has reviewed the City's five fire stations and determined that Station 95 located at 1714 Broadway would be the best location for the Safe Haven Baby Box. The box would be placed on the east side of the building. Kentucky law allows for a parent to anonymously leave a newborn infant with an emergency medical service provider, police officer, or firefighter. A Safe Haven Box is an enclosed, temperature -controlled area that will be installed along the fire station's outer wall. Once a baby is placed inside, an alert system will notify emergency services of the newborn so that the baby can be safely retrieved. At the previous meeting, the Board approved an agreement with Hope Unlimited which requested the Safe Haven Box for Paducah -McCracken County. Private donations through Hope Unlimited are helping to cover the City's cost for the expenses related to the Safe Haven Box lease, installation, and annual service fee." Paducah -McCracken County Convention and Expo Center Projects "City Manager Daron Jordan and Mayor George Bray discussed recent dialogue with McCracken County regarding repairs to the Paducah -McCracken County Convention and Expo Centers. The roof repair project has been launched, and the City and County are reviewing a list of facility needs with heating and air conditioning as a high priority. Mayor Bray said the proceeds from the transient room tax collected by the County will be able to fund a bond to address many of the maintenance needs. The County has asked if the City would partner to fund, if needed, overages not covered by the transient room tax. Mayor Bray said it was a reasonable ask. County Commissioner Bill Bartleman attended the meeting and said the Convention Center Corporation is meeting next week to begin prioritizing the facility projects. Plus, there needs to be a discussion around the dome and increasing indoor sports tourism." Bill Bartleman spoke during the Convention Center Discussion regarding transient room tax and bonding convention center repairs costs. October 24, 2023 COMMENTS: City Manager Jordan reminded everyone that Saturday, October 28, is First Responder Recognition Day. He expressed thanks to all first responders and encouraged everyone in the community to recognize first responders on that day. Commissioner Smith would like to see the City engage with housing developers and builders to establish more housing in Paducah. EXECUTIVE SESSION Commissioner Henderson offered Motion, seconded by Commissioner Guess, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: ➢ Future sale or acquisition of a specific parcel(s) of real estate, as permitted by KRS 61.810(1)(b) ➢ Discussions of proposed or pending litigation against or on behalf of the public agency KRS 61.810(1)(c) Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). RECONVENE IN OPEN SESSION Commissioner Henderson offered Motion, seconded by Commissioner Smith, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). ADJOURN Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the meeting be adjourned. Adopted on call of the roll yeas, Commissioners Guess, Henderson, Smith, Wilson, and Mayor Bray (5). TIME ADJOURNED: 7:32 p.m. ADOPTED: November 14, 2023 George Bray, Mayor ATTEST: Lindsay R. Parish, City Clerk November 14, 2023 RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notice of Special Called Meeting of the Civil Service Commission — October 20, 2023 2. Preservation Opportunities Assessment — Prepared by Rhodes Heritage Group — Presentation to Commission October 24, 2023 Contract File 1. Contract Modification — Midstates Construction - $51,108.15 — MO #2760 2. Landing Barge Agreement with Pine Bluff Materials — Ohio River Boat Dock— MO #2785 3. Lease and Service Agreement with Safe Haven Baby Boxes, Inc. — MO 42812 4. Contract Amendment with Tyler Technologies — MO 42815 5. Acceptance of GameTime Playground Grant and Purchase Agreement -Keiler Park — MO #2819 6. Contract For Services — FY2024 — Sprocket— MO 42821 7. Change Order #4 — Robert Cherry Civic Center — Midstates Construction — MO 42822 8. Revised Scope of Work and Proposed Engineering Fee — Buckner Lane Bridge Replacement Project — ORD 2023-10-8792 9. Subdivision Performance and Warranty Surety Bond Agreement — Trails End Subdivision — ORD 2023-10-8793 10. Order Form — Open Counter Software Subscription through 9-1-2026 — Signed by Lindsay Parish, City Clerk Financials File: Paducah Water Works — Month Ended September 30, 2023 CITY OF PADUCAH November 14, 2023 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. City Mana s Office Signature I %/V Date E911 Kitty, Adana Rusek FINANCE Rudd, Carissa J. PARKS & RECREATION DBRosia, Nicholas James Wallace, Bruce E. POLICE Maguire-Hemandez, Sarai E. PUBLIC WORKS Smith, DeZhuore Jermaine Meeks, Claudia FINANCE Gipson, Erica F. Gray, Kristi L. FIRE - PREVENTION Tinsman, April K. FIRE - SUPPRESSION Hatton, Charles Patrick HUMAN RESOURCES Schofield, Brea PARKS & RECREATION Kirks, Kennedy M. PARKS & RECREATION Weeks, Christopher M. POLICE Euteneier, Jaime Thomason, Cameron PUBLIC WORKS Gary, Levon J. Overstreet, Donald E. Thompson, Kneufrom N. Titsworth, Justin T. CITY OF PADUCAH PERSONNEL ACTIONS November 14, 2023 NEW HIRES - FULL-TIME (FrI POSITION RATE OF PAY E911 Communication Services Manager $46.81/hr Revenue Technician 1 $19.101hr Parks Maintenance Laborer $16.92thr Parks Maintenance Laborer $16.921hr Crime Analyst II $26.291hr Solid Waste Truck Driver $20.881hr PAYROLL ADJUSTMENTSRPANSFERS/PROMO"SIMMPORARY ASSIGNMENTS (FULL -TIMET PREVIOUS POSITION CURRENT POSITION AND BASE RATE OF PAY AND BASE RATE OF PAY Assistant City Clerk Assistant City Clerk $30.681hr $31.601hr Revenue Technician II Revenue Auditor $23.881hr $28.661hr Senior Accountant Senior Accountant $34.661hr $35.70/hr Deputy Fare Marshal Deputy Fire Marshal $37.201hr $38.32/hr Assistant Chief Assistant Chief $35.70/hr $36.771hr Administrative Assistant Administrative Assistant $17.491hr $17.931hr Recreation Specialist Recreation Specialist $21.391hr $21.92/hr TERMINATIONS - PART-TIME (PITT POSITION REASON Park Ranger Resignation TERMINATIONS - FULL-TIME ffffl POSITION REASON Patrolman Resignation Detective Resignation POSITION REASON Solid Waste Truck Driver Resignation Solid Waste Truck Driver Resignation Solid Waste Truck Driver Termination Solid Waste Truck Driver Resignation NCS/CS FLSA EFFECTIVE DATE NCS Ex November 30, 2023 NCS Non -Ex November 9, 2023 NCS Non -Ex November 16, 2023 NCS Non -Ex November 16, 2023 NCS Ex November 30, 2023 NCS Non -Ex November 30, 2023 NCSICS FLSA EFFECTIVE DATE NCS Non -Ex November 16, 2023 NCS Ex November 2, 2023 NCS Ex November 16, 2023 NCS Nan -Ex November 2, 2023 NCS Non -Ex October 5, 2023 NCS Non -Ex November 16, 2023 NCS Ex November 16, 2023 EFFECTIVE DATE November 18, 2023 EFFECTIVE DATE October 27, 2023 November 22, 2023 EFFECTIVE DATE September 28, 2023 November 6, 2023 November 1, 2023 November 2, 2023 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve Contract Modification #5 for Midstates Construction for the Civic Center renovation project in an amount of $4,790.15 - A. CLARK Category: Municipal Order Staff Work By: Arnie Clark Presentation By: Arnie Clark Background Information: Approve contract modification 45 for Midstates Construction for the Civic Center renovation project in the amount of $4,790.15. Contract modification 95 includes the following: New ventilation for the bathroom exhaust fans in the amount of $3,803.40. Additional Hardware necessary for doorways in Kitchen and Mechanical room in the amount of $986.75. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: ARPA Funding Account Number: MR0093 Staff Recommendation: Approval. Attachments: 1. MO - contract modification 5 — Midstates Robert Cherry Civic Center 2. 2147 - Cherry Civic Center - Construction RFP - 20231106 MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING CONTRACT MODIFICATION NO. 5 TO THE CONSTRUCTION CONTRACT WITH MIDSTATES CONSTRUCTION, INC. FOR THE ROBERT CHERRY CIVIC CENTER, IN THE AMOUNT OF $4,790.15, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT MODIFICATION AND ALL OTHER DOCUMENTS RELATED TO SAME WHEREAS, by Municipal Order No. 2715, the City of Paducah authorized an Agreement with Midstates Construction, Inc. in the amount of $1,557,697 for the Robert Cherry Civic Center Renovation Project; and WHEREAS, by Municipal Order No. 2760, the City Commission approved Contract Modification No. 1 to the Agreement with Midstates Construction, Inc., for a price increase in the amount of $51,108.15 and authorized the Mayor to execute all documents necessary on behalf of the City; and WHEREAS, by Municipal Order No. 2774, the City Commission approved Contract Modification No. 2 to the Agreement with Midstates Construction, Inc., to add 45 days to the contract for a final completion date of December 28, 2023, and additions requested by the City for a total change in the amount of $6,168.52. WHEREAS, by Municipal Order No. 2792, the City Commission approved Contract Modification No. 3 to the Agreement with Midstates Construction, Inc. for other necessary changes and credits in an amount of $7,097.38; and WHEREAS, by Municipal Order No. 2822, the City Commission approved Contract Modification No. 4 with Midstates Construction, Inc. for the removal and replacement of 1 1/2" underground natural gas piping; and WHEREAS, it is now necessary to enter into Contract Modification No. 5 with Midstates Construction, Inc. for new ventilation for the bathroom exhaust fans and additional hardware for kitchen and mechanical room doorways. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves Contract Modification No. 5 to the Agreement with Midstates Construction, Inc., for a price increase in the amount of $4,790.15 for new ventilation for the bathroom exhaust fans and additional hardware for kitchen and mechanical room doorways. SECTION 2. The adoption of Contract Modification No. 5 increases the Agreement amount by $4,790.15, henceforth increasing the total agreement to an amount of $1,639,230.28. This expenditure shall be charged to the ARPA Funding Project No. MR0093. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 14, 2023 Recorded by Lindsay Parish, City Clerk, November 14, 2023 mo\contract modification 5 — Midstates Robert Cherry Civic Center November 6, 2023 Amie Clark, CPRP, Director Parks and Recreation, City of Paducah 1400 H.C. Mathis Drive Paducah, Kentucky 42001 Re: Renovation Robert Cherry Civic Center City of Paducah 2?01 Park Avenue Paducah, Kentucky 42001 PFGW File No. 2147 Dear Amie, PFGW A R I H I T E C T S Please see attached Construction Proposals from Midstates Construction Co., Inc., for the above referenced project. I have included a summary below of each RFP attached. REQUEST FOR PROPOSAL 23 (RFP 231: EXHAUST DUCT FOR MEN 104 AND WOMEN 105 Rationale: Installation of new thru-roof duct for restroom exhaust. Upon demolition, it was discovered that existing thru-roof duct was undersized for new exhaust fans in restrooms. Proposal Amount: $3,803.40 Add REQUEST FOR PROPOSAL 25 [RFP 251: ADDITIONAL HARDWARE OPENING 126 AND 1098 Rationale: Installation of necessary hardware (weatherstripping, thresholds, door sweeps and astragal strips) for exterior doors at Mechanical 126 and Catering Kitchen 109. Proposal Amount: $986.75 Add The total request of these proposals is an addition of $4,?90.15. Please let me know if you have any questions or need additional information. Sincerely, Peck Flannery Gream Warren Inc. )rr� Jeff Canter, NCARB, AIA Project Architect Attachment: RFP 23 — Exhaust Duct for Men 104 and Women 105 RFP 25 —Additional Hardware Openings 126 and 109B xc: Logan Gay, Midstates Construction Co., Inc. Randy Crouch, City of Paducah, Public Works Department Chris Ferrell, City of Paducah, Public Works Department Ryn Norris, Marcum Engineering Kip Kessler, BFW Engineering & Testing 0 0 MIDSTATES CONSTRUCTION CO INC GENERAL CONTRACTORS P O BOX 253 730 NORTHVIEW PADUCAH KY 42002-0253 October 19, 2023 PFGW Architects 101 South 411 Street Paducah, KY42001 Re: Renovation Robert Cherry Civic Center 2701 Park Avenue Paducah, KY 42001 PFGW File No. 2147 (RFP 23) Attn: Jeff Canter, NCARB, AIA PHONE: 270-442-5477 FAX: 270-442-8526 Please find below cost breakdown of material and labor per MPE Request for Proposal #4 dated October 11, 2023. 1. Removal of existing, installation of new curb, installation of new ductwork for Men 104 & Women 105 Restroom Exhaust (See attached: Jett's Mechanical) 2. Installation of rubber roofing at newly installed curb (See attached: R&S Roofing) BURDEN Material Labor Sub $2,823.40 600.00 $0.00 $0.00 $3,423.40 0.00 $0.00 $0.00 $3,423.40 Total Material, Labor & Sub: $3,423.40 5% Overhead: $171.17 5% Profit: $171.17 $3,765.74 1% Bond $37.66 Total: $3,803.40 &Jj�TTIS Ff A N I C A L P.O. Box 3374 Paducah, Kentucky 42002 Phone: 270-575-3295 October 16, 2023 Attn: Ryan Norris Re: RFI #3 — Restroom Exhaust — CO#2 PROPOSAL Jett's Mechanical is pleased to provide the following proposal to increase the size of the exhaust duct in the restrooms. This proposal is good for 30 days. After 30 days, if accepted we will review prices and negotiate any increase prior to accepting a contract. We appreciate the opportunity to offer our services. Inclusions - HVAC BASE BID • Hang and install the following items. • (1) joint of 12"x 12"x4' galvanized duct. • (1) 12"x 12" galvanized end cap. • Insulate duct & endcap. • (1) Insulated, 18" tall roof curb. • (1) Aluminum curb cap with 14" opening. Labor Shop Fab - S Hr X $$5.00 - New 680.00 Labor Field - 12 HrX$85.00- New 1,020.00 Material Duct Fab - New $ 430.00 Material Airside - Aluminum Cap - New $ 314.50 Overhead & Profit -15%- Materials 378.90 Total Change Order Price $ 2,823.40 If accepted this Proposal in its entirety, must be included in Jett's Contract. Exclusions • Premium Time Shift and overtime. • Roofing for Mechanical equipment & duct curbs or furnish pipe penetration boots & protective sheets. Jeff's Representative:,W► .6e� Proposal expires in 30 days President — Jeffrey Jett Estimator - John von Weiland R&S Roofing ,/ Smith & Smith Roofing Co. BID Bonded, Licensed & insured KY License #8144; Bond #26335694 . IL License #105009506 & 1 0401 891 2 1326 Rudy Avenue • Paducah, KY 42001 Phones: Rodney: (270) 519-9287 or Roderic (270) 519-9391 Email* srodney97@yahoo.com or oderic.smith3@gmail.com TO: DATE: October 18, Mid -States Construction 2023 730 Northview Street Phone: Paducah, KY 42001 Email: CONTRACT: 1?0 1 C - - Signatures it bid accepted. Homeowner Signature R&S Roofing Signature Smith & Smith Roofing Co Description: Install EDPM Rubber Roofing at 20"x20"x18"tall roof curb cut in and installed by others. • All labor has a one year warranty not including weather related damages. • EPDM Rubber Roofing has a 30 year manufacturer's warranty. NOTICE Warranty on labor will be rescinded of homeowner or any other trade professional alters the roof from ongrnal contractor Materials Needed: EPDM Rubber Roofing System EPDM Adhesive EPDM Primer EPDM Flashing EPDM Lap Sealer Fifty percent of total bid is due of the beginning of the project, - the remaining balance is due upon the completion of the job. Please make off checks to Rodney Smith, DBA R&S Roofing. All final payments are expected offer completion of job, or there will be a 2.5% penalty of the total gross amount added to the outstanding balance per month. Bid is open for 1 i days Total Cost of Labor & Materials $600.00 THANK YOU FOR YOUR BUSINESS! MIDSTATES CONSTRUCTION CO INC GENERAL CONTRACTORS P O BOX 253 730 NORTHVIEW PADUCAH KY 42002-0253 October 31, 2023 PFGW Architects 101 South 411 Street Paducah, KY42001 Re: Renovation Robert Cherry Civic Center 2701 Park Avenue Paducah, KY 42001 PFGW File No. 2147 (RFP 25) Attn: Jeff Canter, NCARB, AIA PHONE: 270-442-5477 FAX: 270-442-8526 Please find below cost breakdown of material and labor to furnish and install weather stripping, thresholds, door sweeps, and astragal strips at Door Openings 126 and 109B that were not listed to be provided in Hardware Sets 09 & 11 of contract drawings. Material Labor Sub 1. Thresholds, Weather Stripping, Sweeps, & Astragal Strips (See attached: CDH) $316.94 2. To cut and install weather stripping at Opening 109B in fully grouted HM Frame 1 Carpenter 1.5 hours @ $26.00/hour $39.00 3. To cut, grout, and install threshold at Opening 109B 1 Carpenter 1 Laborer 1.5 hours @ $44.00/hour $66.00 4. To cut and install door sweep at Opening 109B 1 Carpenter .5 hour @ $26.00/hour $13.00 5. To cut and install weather stripping at Opening 126 in fully grouted HM Frame 1 Carpenter 3 hours @ $26.00/hour $78.00 6. To cut and install astragal strip at Opening 126 1 Carpenter 1 hour @ $26.00/hour $26.00 7. To cut, grout, and install threshold at Opening 126 1 Carpenter 1 Laborer 2.5 hours @ $44.00/hour $110.00 8. To cut and install door sweeps at Opening 126 1 Carpenter 1 hour @ $26.00/hour $26.00 9. Hammer drill, taps, grout, anchors, bits: Lump Sum $25.00 10. Caulk Thresholds/Cleanup 1 Laborer 1 hours @ $18.00/hour $18.00 $341.94 $376.00 BURDEN $131.60 $341.94 $507.60 Total Material & Labor: $849.54 10% Overhead: $84.96 5% Profit: $42.48 $976.98 1% Bond $9.77 Total: $986.75 COMMERCIAL DOOR & HARDWARE ARCHITECTURAL DOOR& FRAMES HARDWARE, Customer: Midstates Construction Po Box 253 Paducah, KY 42002-0253 Account Code Terms Customer Job # Salesperson Order Name 10335 Net30 Sherri Ritzert Robert Cherry Quote 5142B Old Booneville Highway Quote # : 403135 Evansville, IN 47715 Tel: 270-441-7171 Fax: 270-441-7174 Quote Date Oct 30, 2023 Expiration Date : Nov 29, 2023 (Qty Product Descrit tion 1 Threshold 171 A 72" 1 Threshold 171 A 36" 1 Weatherstrip 303 AV 1 x 36" 2 x 84" 1 Weatherstrip 303 AV 1 x 72" 2 x 84" 1 Astragal Strip P4441/80STR No Prep 3 Door Sweep 750S N 36" CLR Ship To: CPU - Customer Pick -Up 1117 North 8th Street Paducah, KY 42001 Purchase Order # : Shipped Via : Customer Pickup Unit Extended Price Price 74.00 74.00 42.00 42.00 39.00 39.00 46.00 46.00 47.00 47.00 17.00 51.00 Pre -Tax Total 299.00 KY - KENTUCKY SALES TAX 17.94 Quote Total 316.94 Printed Oct 31, 2023 7:25 AM Page 1 of 1 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve Addendum to Lease Agreement with Heritage Operating, LLC D/B/A Cremation Society of Paducah - A. CLARK Category: Municipal Order Staff Work By: Arnie Clark Presentation By: Arnie Clark Background Information: In 2008, a Lease Agreement was formed with Evergreen Services of Paducah for the operation of a crematorium in Oak Grove Cemetery. In 2009, an amendment to the lease agreement was executed authorizing the assignment of the lease from Evergreen to Cremation Society of Paducah, LLC. In 2010, a Memorandum for the purpose of further defining the term of the lease and identifying the leased property (2.5 acres located on the west and south side of Oak Grove Cemetery) was executed. In 2021, a second amendment to the lease agreement was executed authorizing alterations and improvements to the facility located on the leased premesis. Cremation Society of Paducah, LLC was acquired by Heritage Operating, LLC d/b/a Cremation Society of Paducah. Requesting approval for the Mayor to authorize this addendum to the lease with Heritage Operating, LLC d/b/a Cremation Society of Paducah for the design and development of a cremation garden on the leased property to include sale of above ground inurnments, and the daily maintenance of the cremation gardens. Heritage Operating, LLC d/b/a Cremation Society of Paducah shall remit payment in the amount equal to 30% of all fees collected to the City of Paducah and provide a record of all sales and services performed. The original lease expires December 16, 2048, with one (1) renewal term extending the Lease for ten (10) additional years. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve Attachments: 1. MO Cremation Society Addendum 2023 — Crematorium 2. Addendeum to Lease Agreement 102623 (002) 3. Cremation Society Property MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AN ADDENDUM TO THE LEASE AGREEMENT WITH HERITAGE OPERATING, LLC DBA CREMATION SOCIETY OF PADUCAH AND AUTHORIZING THE MAYOR TO EXECUTE SAID ADDENDUM AND ALL DOCUMENTS RELATED TO SAME WHEREAS, in 2008 the City entered into a Lease Agreement with Evergreen Services of Paducah for the operation of a crematorium in Oak Grove Cemetery; and WHEREAS, in 2009, the City executed an amendment to the lease agreement authorizing the assignment of the lease to the Cremation Society of Paducah, LLC; and WHEREAS, in 2010, the City issued a memorandum for the purpose of further defining the term of the lease and identifying the leased property; and WHEREAS, in 2021, the City executed a second amendment to the lease agreement authorizing certain alterations and improvements to the facility located on the leased premises; and WHEREAS, Cremation Society of Paducah, LLC was acquired by Heritage Operating, LLC d/b/a Cremation Society of Paducah; and WHEREAS, the City now wishes to enter into an addendum to the lease with Heritage Operating, LLC d/b/a Cremation Society of Paducah for the design and development of a cremation garden on the leased property to include the sale of above -ground inurnments and the daily maintenance of the cremation gardens. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City hereby approves the Addendum to Lease Agreement between the City of Paducah, Kentucky, and Heritage Operating, LLC d/b/a Cremation Society of Paducah in substantially the same form attached hereto as Exhibit A and made a part hereof. It is further determined that it is necessary, desirable, and in the best interest of the City to enter into this Addendum to Lease Agreement for the purposes therein specified, and the execution and delivery of this Addendum to Lease Agreement is hereby authorized and approved. The Mayor is hereby authorized to execute this Addendum to Lease Agreement with such changes not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the Mayor. SECTION 2. This Municipal Order shall be effective from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners Recorded by Lindsay Parish, City Clerk, \mo\Cremation Society Addendum 2023 — Crematorium 239925 ADDENDUM TO LEASE AGREEMENT THIS ADDENDUM TO LEASE AGREEMENT ("Addendum") is made this day of , 2023, by and between the CITY OF PADUCAH, KENTUCKY ("Lessor"") and HERITAGE OPERATING, LLC D/B/A CREMATION SOCIETY OF PADUCAH, a Kentucky limited liability company, 226 North 4"' Street, Paducah, Kentucky ("Lessee"). WHEREAS, Lessor entered into a Lease Agreement ("Original Lease") with Evergreen Services of Paducah, LLC ("Evergreen") doing business under the assumed name of Roth Funeral Chapel, which Lease Agreement was dated December 16, 2008; WHEREAS, Lessor and Evergreen entered into an Amendment to Lease Agreement ("Amendment") dated December 9, 2009, which Amendment provided an option to extend the term and authorized the assignment of the Lease from Evergreen to Cremation Society of Paducah, LLC; WHEREAS, Lessor and Evergreen entered into a Memorandum ("Memorandum") on March 26, 2010 for the purpose of further defining the term of the Lease and identifying the leased property, which Memorandum is of record in Deed Book 1187, page 75, in the McCracken County Clerk's Office; and WHEREAS, Evergreen formed a subsidiary known as Cremation Society of Paducah, LLC, with which it entered into an Assignment of Lease Agreement assigning all of Evergreen's rights title, and interest under the Original Lease, the Amendment, and the Memorandum, to Cremation Society of Paducah, LLC, as Lessee; WHEREAS, Lessor and Lessee entered into a Second Amendment to Lease Agreement dated June 24, 2021 regarding alterations and improvements to the facility located on the leased premises; and WHEREAS, the Cremation Society of Paducah, LLC was acquired by Heritage Operating, LLC d/b/a Cremation Society of Paducah; and WHEREAS, the Lessee and Lessor agree that this addendum to the lease is necessary to assign all of Cremation Society of Paducah, LLC's rights, title, and interest under the Original Lease, the Amendment, the Second Amendment, and the Memorandum to Heritage Operating, LLC d/b/a Cremation Society of Paducah, as well as to govern certain matters not addressed in the Lease agreement and prior amendments thereto; NOW, THEREFORE, the parties hereto agree as follows: Assignment. As a part of Heritage Operating, LLC's acquisition of Cremation Society of Paducah, LLC, Cremation Society of Paducah, LLC assigned to Heritage Operating, LLC d/b/a Cremation Society of Paducah all of its rights, title, interest, warranties, covenants, duties obligations and undertakings under the following: A certain lease dated December 16, 2008 by and between Evergreen Services of Paducah, LLC and the City of Paducah, Kentucky, as amended by Amendment to Lease dated December 9, 2009 and by Second Amendment to Lease dated June 24 2021, for a certain parcel of land in Oak Grove Cemetery more particularly described in Memorandum of Lease dated March 26, 2010, of record in Deed Book 1187, page 75, in the McCracken County Court Clerk's office, which lease is for an initial term expiring on December 16, 2048 with one (1) renewal term extending the Lease for ten (10) additional years. Lessor hereby consents to the assignment of the lease as stated herein. 2. Amendment to Paragraph 5. The parties agree that Paragraph 5 of the Original Lease (dated December 16, 2008) shall be stricken in its entirety and replaced with the following: 2 Lessee will erect, at its expense and in phases, a cremation (urn) garden that includes spaces for above ground inurnments in various marked places. The spaces will be plotted on a physical drawing of each phase of the garden, which drawing will be available for review and approval by the city cemetery board prior to construction and at any time upon request. Lessee shall provide all labor, materials, and equipment, and shall perform all work necessary and incidental to the provision of cremation inurnment services, including management and maintenance of the grounds and facilities thereon, administrative operations, and sales. 3. Amendment to Paragraph 9. The parties agree that Paragraph 9 of the Original Lease (dated December 16, 2008) shall be stricken in its entirety and replaced with the following: Lessee shall remit to Lessor an amount equal to thirty percent (30%) of all fees collected by Lessee in its operation of the Facility, whether from sales or performance of services related to the operations of the cremation (urn) garden in the cemetery. Fees shall be remitted to Lessor on a monthly basis and contributed to the cemetery project (PF0048). Lessee will provide for the collection of fees from the purchaser and provide the City with a complete revenue report at the end of each calendar quarter. 4. Record Keeping. Lessee shall be responsible for maintaining appropriate records associated with sales and services performed and shall remit copies of such records to the City of Paducah at the time of sale. 5. Insurance. Lessee agrees that it will comply with the insurance requirements contained in paragraph 7 of the Original Lease. 6. Reaffirmation. All other terms, provisions, and conditions of the Lease, including the Original Lease, Amendment, Memorandum, and Second Amendment, shall remain in full force and effect and shall be binding upon the parties hereto. IN WITNESS WHEREOF, this Addendum was executed as of the date first above written. LESSEE: ATTEST: LESSOR: ATTEST: S HERITAGE OPERATING, LLC D/B/A CREMATION SOCIETY OF PADUCAH in CITY OF PADUCAH, KENTUCKY George Bray, Mayor the Original Lease, Amendment, Memorandum, and Second Amendment, shall remain in full force and effect and shall be binding upon the parties hereto. FN WITNESS WHEREOF, this Addendum was executed as of the date first above written. LESSEE: ATTEST: HERITAGE OPERATING, LLC D/B/A CREMATION SOCIETY OF PADUCAH By: By: LESSOR: ATTEST: CITY OF PADUCAH, KENTUCKY By: George Bray, Mayor By: 19 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approval of Contract Modification for increase of Scope in Contract with Chambers Roofing Co., Inc. for the Market House Roof replacement change of $1,288.17 - C. YARBER Category: Municipal Order Staff Work By: Chris Ferrell, Marcey Simmons Presentation By: Chris Yarber Background Information: On August 3, 2023, sealed bids were opened for the Market House roof replacement. One bid was received from Chambers Roofing Co., Inc, with a responsive evaluated bid in accordance with the specifications, at a price of $83,887.04. On August 22, 2023, the Board of Commissioners approved Municipal Order 2780 for a contract in the amount of $83,887.04 with Chambers Roofing Co., Inc. During the roofing contract, it was discovered that additional materials and labor were necessary to complete the scope of work. This makes the total contract amount $85,175.21. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: City Facilities Improvements Account Number: PF0079 Staff Recommendation: Authorize the Mayor to sign Contract Modification to the roofing contract with Chambers Roofing Co., Inc for the increase in the scope of the Market House Roof replacement for $1,288.17. Attachments: I . MO Contract Modification 1 - Chambers Roofing - Market House roof replacement 2. MARKET HOUSE INVOICE Nxlsx (003) 3. MARKET HOUSE carpentry INVOICE Nxlsx (003) MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING CONTRACT MODIFICATION NO. 1 TO MODIFY THE SCOPE OF THE CONTRACT WITH CHAMBERS ROOFING CO., INC., FOR THE MARKET HOUSE ROOF REPLACEMENT FOR AN INCREASE OF $1,288.17, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT MODIFICATION AND ALL OTHER DOCUMENTS RELATED TO SAME WHEREAS, by Municipal Order 2780, the City of Paducah authorized a contract with Chambers Roofing Co., Inc., in the amount of $83,887.07 for the replacement of the roof on the Market House; and WHEREAS, during the roof replacement, it was discovered that additional materials and labor were necessary to complete the scope of the work, resulting in an increase in the amount of $1,288.17, bringing the total project cost to $85,175.21. WHEREAS, the City of Paducah now wishes to sign Contract Modification #1 to the roofing contract with Chambers Roofing Co., Inc. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission hereby approves Contract Modification No. 1 to the Contract with Chambers Roofing Co., Inc. in the amount of $1,288.17, bringing the total project cost to $83,887.04. SECTION 2. This project shall be paid from the City Facilities Improvements Account PF0079. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 14, 2023 Recorded by Lindsay Parish, City Clerk, November 14, 2023 mo\contract modification 1 — Chambers Roofing —Market House roof replacement RESIDENTIAL Joe Chambers Owner Since 194 Residential & Commercial PO BOX 9445 PADUCAH, KY 42002 PO 20240944 Market House Building 132 S Second Street 10/14/2023 Paducah, Ky. 42001 INVOICE Closed off 2 traffic flowing streets with fencing . Set OSHA approved cones with caution tape along 2 side walk areas to protect foot traffic. Places all supplies & equiptment inside the safety areas. Removed 178 squares of 3 tab shingles & underlayment. Adhered ice barrier along all walls, ac curbs, valleys & bottom eves. Installed 178 squares of GAF weatherwood LifeTime shingles. Installed GAF Pro Starters along all bottom eves & rakes. Installed the GAF Snow Country Filtered Vent Ridge. Installed the GAF Hip & Ridge. Flashed allwalls with aluminum step flashing. Removed & replace 986 If of clay color drip molding. Removed & replaced 18 bronze colored pipe boots. Cleaned all debris from job site. Magnetived brick work along 2 streets. Using a back pac blower we cleaned strees & side walks. Amount due $83,887.04 Mark Chambers Cell: 270-519-8329 mark@chambersroofingkv.com "Providing Top Quality Craftsmanship Customers Have Come To Expect" www.chambersroofinky.com COMMERCIAL Mark Chambers Owner 270-442-8326 RESIDENTIAL Joe Chambers Owner Since 194 Residential & Commercial PO BOX 9445 PADUCAH, KY 42002 PO 20240944 Market House Building 132 S Second Street 10/14/2023 Paducah, Ky. 42001 INVOICE CHANGE ORDER Removed & replaced 9 sheets of 4 ply cdx. $765.67 Renailed loose decking as needed along the outer perimeter . $522.50 Amount Due $1,288.17 Mark Chambers Cell: 270-519-8329 mark@chambersroofingkv.com "Providing Top Quality Craftsmanship Customers Have Come To Expect" www.chambersroofinky.com COMMERCIAL Mark Chambers Owner 270-442-8326 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve the Application for a Creating Vibrant Communities Grant - N. HUTCHISON Category: Municipal Order Staff Work By: Nicholas Hutchison, Hope Reasons, Palmer Stroup Presentation By: Nicholas Hutchison Background Information: This program is part of the KY Transportation Cabinet's Transportation Development Planning Assistance Program. It aims to proactively help communities plan for land use, transportation, and future development options for a targeted area containing one or multiple properties. Through the program, a community will create a plan that will outline the vision, conceptual development plan, and actionable next steps necessary to create a transformative and unique destination for the community. KYTC has a team of consultants that will be working directly with each community to create their unique plan. There is no direct financial award included with this grant. The Planning Department is applying for the commercial district in the Southside Community of Paducah. The goal is to make this area a safe and attractive destination for all modes of transportation and development, including residential development. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Southside Enhancements, Quality of Life, Bike Lanes and Trails Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve the application for the Creating Vibrant Communities Grant program and authorize the Mayor to sign all documentation related to same. Attachments: MO app — Kentucky Transportation Cabinet — Vibrant Communities Grant 2023 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A "CREATING VIBRANT COMMUNITIES" GRANT THROUGH THE KENTUCKY TRANSPORTATION CABINET'S TRANSPORTATION DEVELOPMENT PLANNING ASSISTANCE PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute all documents necessary to apply for a "Creating Vibrant Communities" grant through the Kentucky Transportation Cabinet's Transportation Development Planning Assistance Program. This grant request is for technical assistance for the creation of a plan that will outline the vision, conceptual development plan, and actionable next steps necessary to create a transformative and unique destination for the Southside Community. SECTION 2. There is no local match required for this grant. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 14, 2023 Recorded by Lindsay Parish, City Clerk, November 14, 2023 \mo\grants\app — Kentucky Transportation Cabinet — Vibrant Communities Grant 2023 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Authorize the application for and acceptance of a Kentucky Equitable Entrepreneurial Ecosystems in Rural Communities Grant in the amount of $5,000 for the Paducah Main Street Program - N. HUTCHISON Category: Municipal Order Staff Work By: Angela Schade Presentation By: Nicholas Hutchison Background Information: Main Street America is leading Equitable Entrepreneurial Ecosystem work to scale and expand program offerings as part of a local Main Street program's overall economic vitality activities. Main Street America (MSA), in partnership with Forward Cities, is accepting applications for Phase 2 of its Pilot Program. This program grant offers technical assistance, virtual programming, $5,000 implementation dollars, and a $1,500 IEDC (International Economic Development Conference) stipend for professional certification. If awarded, the technical assistance will be used to assist Main Street staff with the implementation of an E3 development process to better assist Main Street Merchants. The process helps Main Street staff assess, upgrade, and disburse information to merchants about financial opportunities, networking and relationships, positive entrepreneurial culture, talent pools, education, and training. There is no local match requirement for this grant. The anticipated timeline for the grant is as follows: • September 21, 2023: Application is Live • November 17, 2023: Application Deadline • November, 2023: Community Selections • December 2023: Announce Communities and Pre -Work for Phase 2 • January 2024: E3 in Rural Communities Program Begins • May/June 2024: E3 in Rural Communities Program Wrap Up Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Downtown. Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Authorize the application for and acceptance of a Kentucky Equitable Entrepreneurial Ecosystems in Rural Communities Grant and authorize the Mayor to execute all documents related to same. Attachments: MO app & award — Main Street America 2023 MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A KENTUCKY EQUITABLE ENTREPRENEURIAL ECOSYSTEMS IN RURAL COMMUNITIES GRANT THROUGH MAIN STREET AMERICA IN THE AMOUNT OF $5,000 FOR TECHNICAL ASSISTANCE AND A $1,500 IEDC STIPEND FOR PROFESSIONAL CERTIFICATION, ACCEPTING ANY GRANT FUNDS AWARDED, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application to obtain a Kentucky Equitable Entrepreneurial Ecosystems in Rural Communities Grant in the amount of $5,000 from Main Street America (MSA) for technical assistance and virtual programming, and a $1,500 International Economic Development Conference (IEDC) stipend for professional certification. SECTION 2. That the City of Paducah hereby authorizes the acceptance of any and all grant funds awarded by the Kentucky League of Cities Liability Grant and authorizes the Mayor to execute the Grant Agreement and all related documents. SECTION 3. There is no local match required. SECTION 4. This order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 14, 2023 Recorded by Lindsay Parish, City Clerk, November 14, 2023 \mo\grants\app & award — Main Street America 2023 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve the Contract for Uniform Services for the Fire Department - S. KYLE Category: Municipal Order Staff Work By: Steve Kyle Presentation By: Steve Kyle Background Information: The Fire Department contracts uniform services for its personnel. The most recent 2 year contract expired and a new 2 year uniform contract with a 2 year renewal option was advertised for bid. The bid had each item that the fire department uses and vendors were to return the bid with their price per item. One vendor submitted a bid for the contract. It was Galls Inc. The bid was evaluated and is being recommended for award. The Galls bid was a responsive bid and is being recommended to accept. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Accept contract for uniforms from Galls Inc. Attachments: 1. MO bid -Galls Uniforms Fire Department 2023 2. 2023 Galls Uniform Spec Unit Pricing 3. 2023 Galls Bid Proposal - Uniform Services 4. 2023 Galls Uniform Services Contract 2023 Galls, LLC Evaluation Form MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID OF GALLS, LLC, FOR THE PURCHASE OF UNIFORMS FOR PADUCAH FIRE DEPARTMENT EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Galls, LLC, for uniforms for employees in the Paducah Fire Department at the unit prices as shown on the attached price list (Exhibit A), for a period of two years, with an optional two-year renewal, said purchase being in substantial compliance with the bid specifications, advertisement for bid, and as contained in the bid of Galls, LLC, dated November 1, 2023. SECTION 2. That the Mayor is hereby authorized to execute a contract with Galls, LLC, for furnishing the City with uniforms as authorized in Section 1 above, according to the specifications, bid proposal, and all contract documents heretofore approved and incorporated in the bid. Said contract is for a two-year time period with an optional two-year renewal. SECTION 3. These expenditures shall be charged to various Paducah Fire Department accounts. SECTION 4. This Order will be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk \mo\bid-Galls Uniforms Fire Department 2023 Exhibit A Price List Attached ME a -"- 00 0) 0 0 0 Ln ai 0o ri Ln Ln II ri o o ui cn (f E i 4 lf° Loi Ln W E(n V) LU J N N J X X XLn X cn T M (, Ln -j J J un V) X Ln Q Q W { d Z P.6J w E— _ ~z > z w w CD Y W = W Im Y 'S S Z O J O N w® Q ® >LLJ O . 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' O � O ® ® � Y >� >ro >ro d 0 0 Y Y O O O O ® O 41 2 D U U LL LL D O U f6 f6 : f0 f0 pp U V) d J J 0 O U U ; O O d J= 0_ J O O q0 dA p- ® U U co U g U co 2 2 m m s m s m ,� m U O Q co co ca co co0606 V) V) o'� o2S V) 0606coaao2S V) V) Vn Vn _N V) V) W N W (n W V1.' W cn W Ln W'. to W Ln rw to w to ;W V) LLu z: z 2';z 2 z 2' z 2E z>2 z 2 z�; z 7> z;2 z:E WW O O W O W O.. W O W O W O W 0 W O W O W O c CC c c c CC c cc cc f0 m '.::.f0 m `.110 f0 ' .m m (0 'm f0 �(0 f0 �(0 (0 ,m m : f0 m a a a s a a a a a a a LU LOA UA z z z z z z z z z z z Q Q Q Q CL Q Q Q Q Q Q Q 0) O %-1 N m ct Ln (.0 r� 00 a) Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln 9 00310 BID PROPOSAL PAGE 1 OF 3 Proposal of GALLS, LLC (hereinafter called Bidder), organized and existing under the laws of Kentucky/ (state) and doing business as GALLS LLC *, as applicable to the City of Paducah, Kentucky (hereinafter referred to as Owner.) *Insert "A Corporation", A Partnership" or "An Individual" In compliance with your Invitation for Bid, Bidder hereby proposes to furnish all the necessary labor, material, equipment, tools and services necessary for the purchase and delivery of Uniform Services for the Paducah Fire Department in accordance with the specifications and other contract documents prepared by the Paducah Fire Department, at the prices stated below. By submission of this Bid, each Bidder certifies that this Bid has been arrived at independent, without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any other competitor. Security in the sum of Five Thousand Dollars ($5,000.00), in the form of a Bid Bond or cashier's check, is submitted herewith in accordance with the Specifications. This Security is furnished to the Owner as a guarantee that the agreement will be executed and all bonds required shall be furnished within ten (10) days after award of the Contract to the undersigned. Bidder has submitted with this Bid Proposal the required signed and notarized Certifications as required by the laws of the Commonwealth of Kentucky. Failure of the Bidder to comply with these provisions will make the Bid Non -Responsive and shall result in disqualification of the submitted Bid Proposal. If notice of the acceptance of this Bid is given to the Bidder within Sixty (60) days after the time of receipt of Bids, the Bidder agrees to execute and deliver a contract in the prescribed form and furnish the required insurance within ten (10) days after the contract is presented to him for signature. Bidder hereby agrees to commence work under this contract upon execution of the Contract. The contract time period will be a Two -Year contract with a Two -Year renewal option as further defined within the specifications. Contract Unit Prices shall begin upon the execution of the contract. Bid prices are firm and will not be altered during the contract period. The Bidder agrees that no minimum amount of purchase shall be required. All set up fees shipping and any return shipping shall be included in pricing. Bids shall include sales tax and all other applicable taxes and fees. In submitting this Bid, it is understood that the right is reserved by the Owner to reject any and all Bids in accordance with the City of Paducah's Code of Ordinances and the Specifications. 00310 BID PROPOSAL PAGE 2 OF 3 Fill out and attach the 2023-02200 UNIFORM SPEC Compliance excel spreadsheet. Form 2023-02300 Change Order List is provided to list alternative products if a specific uniform spec article is not available for the bidder to provide. In case of a discrepancy in the extension of a bid price, the unit price shall govern over the total price for all items. ADDENDUM The Bidder hereby acknowledges receipt of the following Addenda (if any) and is fully aware of the implications of the addendums on the Bid: Addendum No(s) Dated Attachments to the Bid Proposal Required: 1. Bid Bond in the amount of $5,000. 2. "2023 -02200 UNIFORM SPEC Compliance" form. Bidder shall indicate compliance by checking "YES" or "NO" adjacent to each individual item. A "YES" indicates full compliance with the specification and a "NO" indicates an exception and/or variation to the specification. 3. All individual items marked by a "NO" on the "2023 -02200 UNIFORM SPEC Compliance" form shall indicate the exception on a "2023 -02300 Change Order List". 4. Certifications signed and notarized. 5. Any additional information as required within the Technical Specifications. GRADING CRITERIA The Bidder is aware that the Owner will evaluate the Bids submitted based on the Criteria listed on the "Owner Evaluation Form". The Bidder will be evaluated individually by the Owner and given a Rated Value for each Criteria Item from 0 = the lowest value to 10 = the highest value. The calculation of the Rating x Weight will equal the Criterion Score. The sum of all Criterion Scores will equip the Overall Score of each bidder. PREFERENCE TO KENTUCKY BIDDERS In accordance with KRS 45A.365, prior to a contract being awarded, a resident bidder of the Commonwealth shall be given a preference against a non-resident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. Bidder is a resident of the following state: Kentucky 00310 BID PROPOSAL PAGE 3 OF 3 If Bidder is a non-resident of the Commonwealth of Kentucky, indicate if any preference is given by the resident's state: BID DOCUMENTS: Bid Documents including the Bid Guaranty, shall be enclosed in an envelope clearly labeled with the words "Bid Documents, Name of Project, Name of Bidder, and Date and Time of Bid Opening," in order to guard against premature opening of the bid. Bids received late will be disqualified and returned to the sender unopened. The Bidder herein certifies that all specifications have been reviewed and that any variations to the said specifications, including exceptions to or enhancements to same, are clearly indicated as an attachment to this bid. BIDDER: GALLS LLC BY: Mike Fadde DATE: 11/1/2023 TITLE: CEO ADDRESS: 1340 Russell Cave Rd Lexington KY 40505 PHONE: 844-464-2557 FAX: 887-914-2557 CELL PHONE: E-MAIL: bidreview@galls.com FEDERAL TAXPAYER IDENTIFICATION NUMBER: 20-3545989 KENTUCKY STATE REGISTRATION NUMBER: 0838046 CITY OF PADUCAH BUSINESS LICENSE NUMBER: 16-00030672 00500 AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY FIRE DEPARTMENT AGREEMENT FOR UNIFORM SERVICES THIS AGREEMENT, made this day of November , 2023_ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and Galls, LLC hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor agrees to furnish all the necessary materials and services necessary to provide Uniform Services for use by the City of Paducah Fire Department. The Uniforms supplied shall be in accordance with this Agreement, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the City Fire Chief of the City of Paducah shall, in all respects, be acting as agent for the Owner, City of Paducah. ARTICLE 2. CONTRACT TIME The contract shall be binding upon the City and the Vendor, his partners, successors, assigns, and legal representatives for a Two -Year time period beginning upon execution of the Contract Agreement. Neither the City nor the Vendor shall have the right to assign, transfer, or sublet their interests or obligations hereunder without consent of the other party. The term of the Contract may be renewable for an additional Two -Year term, upon the mutual agreement of both parties. The City of Paducah Fire Chief, acting as agent for the Owner, shall determine, in his sole discretion, the option to renewal. This renewal option shall be exercised by both parties executing and delivering the written Two -Year Renewal Agreement. The Two -Year time period shall begin upon execution of the Contract by the Mayor of the City of Paducah. The City reserves the right to purchase said Contract items at the quoted unit prices until the Two -Year Renewal Agreement has been executed by the parties. However, in no case shall the Vendor be bound to supply the Contract items at these prices past the ending of the original Two -Year contract. ARTICLE 3. THE CONTRACT PRICES The Owner shall pay the Vendor for the Uniforms delivered and accepted at the Unit Prices quoted in the Bid Proposal by the Vendor dated _11/1/2023 in accordance with the unit prices as adopted by the Board of Commissioners in Ordinance No. Payment will be made upon satisfactory delivery and in accordance with the Specifications. Contract Unit Prices shall begin upon the execution of this Agreement. Bid prices are firm and will not be altered during the contract period. . Bids shall include sales tax and all other applicable taxes and fees. The Vendor agrees that no minimum amount of purchase shall be required. ARTICLE 4. 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. 00500 AGREEMENT Page 2 of 2 IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. GALLS, LLC ADDRESS: 1340 Russell Cave Rd. Lexington, KY 40505 CITY OF PADUCAH, KENTUCKY Fin George Bray, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 00330 OWNER EVALUATION FORM PAGE 1 OF 1 CITY OF PADUCAH, KENTUCKY FIRE DEPARTMENT OWNER EVALUATION FORM PROJECT: Provide Uniform Services for use by the City of Paducah Fire Department DATE: 11/6/2023 BIDDER: Galls, LLC Grading Criteria: Evaluate the Bidder's Criteria on a rated value scale: 0 = the lowest value to 10 = the highest value for each item listed below. Rating x Weighted Percent = Criterion Score The Sum of all Criterion Scores shall be the Owner's basis of the Bidder's Overall Score. GRADING CRITERIA NO. CRITERIA ITEMS RATING VALUE (0- 10) WEIGHTED - PERCENT CRITERION SCORE 1. Customer Service - References Provided 10 30% 3 2. Ability to submit orders via email with confirmation and w/account balance and management 10 20% 2 3. Miscellaneous 10 10% 1 4. Price 10 40% 4 BIDDER'S OVERALL TOTAL SCORE 10 PREFERENCE TO KENTUCKY BIDDERS 1. Bidder is a resident of the following state: Kentucky 2. If Bidder is a non-resident of the Commonwealth of Kentucky, indicate if any preference is given by the resident's state: n/a 3. Addition of any reciprocal preference for resident bidders: yes Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve amendment to MO #1667 Schedule of Fees for the Robert Cherry Civic Center - A. CLARK Category: Municipal Order Staff Work By: Amie Clark Presentation By: Arnie Clark Background Information: In April 2023, crews broke ground on the renovation project for the Robert Cherry Civic Center. A comp study was performed to assess the fee structure for the facility once reopened. Based on local comps, the Parks and Recreation Department recommends an amendment to Municipal Order No. 1667 Schedule of Fees. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Facility Enhancements/Improvements Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve Attachments: 1. MO Robert Cherry Civic Center Updated Schedule of Fees MUNICIPAL ORDER NO. A MUNICIPAL ORDER SETTING NEW RENTAL RATES FOR THE ROBERT CHERRY CIVIC CENTER, LOCATED IN THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO CHAPTER 70-32(c), PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY. WHEREAS, the City of Paducah offers facilities on a reservation basis with a fee, as appropriate, for the citizens of Paducah/McCracken County to hold private gatherings in city parks and facilities; and WHEREAS, the Board of Commissioners desires to provide facilities located in city parks available for private use on a reservation basis. NOW, THEREFORE, BE IT ORDERED BY BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Commission hereby sets the following schedule of fees, for the Robert Cherry Civic Center, located in the City of Paducah, pursuant to the Code of Ordinances of the City of Paducah, Kentucky, Chapter 70-32(c), Parks and Recreation. Reservation Rates Fee Weekday Reservations (Monday — Thursday) Full Day Rentals $750/day Half Day Rental (up to 5 hours) $500/day Weekend Rentals (Friday — Sunday) $1200/day Holiday Rentals $1500/day Refundable Damage Deposit $500 Non -Profit Organizations are eligible for a 20% discount on reservation fees and must provide proof of non-profit status when making the reservation. Individuals are eligible for a 20% discount on reservation fees and must qualify based on criteria set by operational policy. SECTION 2. All resolutions, order, or parts thereof in conflict with the provisions of this Municipal Order are hereby repealed and the provisions of this Municipal Order shall prevail and be given effect. SECTION 3. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 14, 2023 Recorded by Lindsay Parish, City Clerk, November 14, 2023 \mo\grants\app — Kentucky Transportation Cabinet — Vibrant Communities Grant 2023 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: 2024-2025 Annual Agreement Kentucky Main Street Designation - N. HUTCHISON Category: Municipal Order Staff Work By: Nicholas Hutchison Presentation By: Nicholas Hutchison Background Information: Designated Main Street Communities must sign this document and return to Kentucky Main Street no later than January 16, 2024 to remain active in the program. This Letter of Commitment is the formal and binding statement of the plans, expectations, and responsibilities required for future certification by the Kentucky Main Street Program from the City of Paducah and Paducah Main Street. This commitment is for January 15, 2024 through January 30, 2025. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Downtown. Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Attachments: 1. MO -Kentucky Main Street 2024-2025 2. 2024-2025 KYMS MOU updated (008) MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A 2024-2025 ANNUAL AGREEMENT BETWEEN THE CITY OF PADUCAH AND KENTUCKY MAIN STREET RELATED TO REQUIREMENTS FOR MAIN STREET ACCREDITATION WHEREAS, an agreement is signed each year between the City of Paducah and Kentucky Main Street, that establishes specific requirements that are needed in order to maintain full Main Street accreditation; and WHEREAS, the City of Paducah now desires to enter into said 2024-2025 Annual Agreement. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a 2024-2025 Annual Agreement, in substantially the form attached hereto and made part hereof (Exhibit A), between the City of Paducah and Kentucky Main Street to set forth the requirements that are needed for Paducah Main Street to maintain its accreditation. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor George Bray ATTEST: Lindsay Parish, City Clerk Adopted by the Board of Commissioners, November 14, 2023 Recorded by Lindsay Parish, City Clerk, November 14, 2023 \mo\MOU-Kentucky Main Street 2024-2025 Exhibit A KENTUCKY.�� MAIN STREET Name of City/Town: Date: 2024-2025 Annual Agreement Kentucky Main Street° Designation Designated Main Street communities (Main Street Director and the Mayor/City Manager) must sign this document and return to Kentucky Main Street no later than January 16, 2024, to remain active in the program. This Letter of Commitment is the formal and binding statement of the plans, expectations, and responsibilities required for future certification by the Kentucky Main Street Program from the City of (hereinafter referred to as "CITY"), and Main Street (local Main Street) (hereinafter referred to as the "ORGANIZATION"). This commitment is for January 15, 2024, through January 30, 2025. A signed document confirms that the local Main Street program has a thorough understanding of the benefits and requirements of active participation in the Kentucky Main Street program. The Main Street Director should share a copy of the signed document with the Main Street Board of Directors. Program Background Nationally: Main Street America Tmhas been helping revitalize older and historic commercial districts for more than 40 years. Today it is a network of more than 1,600 neighborhoods and communities, rural and urban, who share both a commitment to place and to building stronger communities through preservation -based economic development. Main Street America is a program of the nonprofit National Main Street Center, a subsidiary of the National Trust for Historic Preservation. Main Street America is a mark of distinction. It is a seal, recognizing that participating programs, organizations, and communities are part of a national movement with a proven track record for celebrating community character, preserving local history, and generating impressive economic returns. Since 1980, over 2,000 communities have been part of Main Street, bringing renewed energy and activity to America's downtowns and commercial districts, securing more than $101.58 billion in reinvestment investment creating 746,897 net new jobs, 168,693 new businesses, and rehabilitating 325,119 buildings. Main Street America is a time -tested strategy. Main Street America communities are encouraged to make use of a time - tested approach, known as the Main Street Approach. The Main Street Approach is rooted in a commitment to broad- based community engagement, a holistic understanding of the factors that impact the quality of life in a community, and a strategic focus on the core principles of downtown and neighborhood revitalization: Economic Vitality, Quality Design, Effective Promotion, and Sustainable Organization. For more information, visit www.mainstreet.org. 2 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION In Kentucky: Kentucky Main Street & Kentucky Heritage Council is the licensed agency charged with administering the Main Street program throughout the state. The Center is committed to following the program guidelines and licensing agreement as outlined by the National Main Street Center and signed by the Kentucky Main Street program. The Kentucky Main Street program designates communities as a "Kentucky Main Street community'. When designated, the local city or town government, and specifically the chief elected official, is notified of the designation. The city government determines who will administer the Main Street program at the local level and the city communicates that information to the Kentucky Main Street program. From time to time, that administration may change. If there is a change, this document outlines the steps that must be followed for a change in local administration to occur. Since 1979, over 100 communities have directly benefitted from the Kentucky Main Street program, bringing economic strength to Kentucky's downtown commercial districts, securing $4.7 billion in new investment creating more than 34,467 net new jobs and 5704 rehabilitating buildings. Benefits for KY Main Street Communities Kentucky Main Street communities benefit from the following: Partnership: • Communities selected to participate in the Main Street program become partners with the Kentucky Main Street program in a long-term, asset-based economic development effort that has proven to have a positive impact on investment and job creation. • Main Street communities are limited in number and therefore receive focused and personal attention from KY Main Street staff. • Kentucky communities are selected through a competitive process and only a few are designated; therefore, Main Street designation is an honor bestowed upon only a few special communities. • In the first several years of a local Main Street program, the state of Kentucky invests approximately $100,000 in on-site visits, training, and technical assistance. After the initial start-up phase, the state annually invests approximately $5,000 in each Main Street community in the form of ongoing town -specific technical assistance, and statewide and on-site training for directors and volunteers. Training: • Main Street communities are eligible to attend and participate in the KY Main Street Conference, KY Main Street Basic Training, Board and Committee Training, KY Main Street Directors' Meetings, Regional Meetings, and subject - specific workshops. • Kentucky Main Street communities attend two required state conferences each year. 3 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION Technical Assistance: • The Kentucky Main Street program staff guides designated communities through a strategic planning process that helps communities create a vision, develop economic development strategies that will transform downtown, and produce action plans so that limited resources are focused, and results are magnified. • The Kentucky Main Street staff guides participating communities through board development, volunteer development, and Main Street director training. • The Kentucky Main Street staff provides guidance and support to communities on ways to find and develop financial resources. • Property and business owners in Main Street cities may receive free building exterior design recommendations from design specialists at the Kentucky Heritage Council. • The Kentucky Main Street staff provides guidance and training on the best practices for leveraging tourism -based economic development in association with other agencies • Kentucky Main Street/Kentucky Heritage Council staff has extensive experience in organizational development and nonprofit management, historic preservation, building rehabilitation, historic preservation tax credits, incentive programs, marketing, image building, special event development, communications, and a range of other pertinent areas. • The Kentucky Main Street staff is among the nation's leading authorities on downtown development with experience helping Kentucky towns with revitalization challenges. • The Kentucky Main Street staff may assist communities with the Main Street Director recruitment process. • The Kentucky Main Street staff conducts an annual program assessment and review of each Main Street program. • The Kentucky Main Street staff conducts an annual budget and salary analysis of Main Street programs. • The Kentucky Main Street staff conducts an annual statistical data collection and analysis. Network: • Kentucky Main Street communities at the Affiliate and Accredited levels may use the Main Street trademarks on materials designed to promote the work of their program in collaboration with the State of Kentucky and the National Main Street Center. • Kentucky Main Street programs at the Aspiring level may use the Kentucky Main Street logo. • The Kentucky Main Street network possesses some of the most experienced downtown development professionals in the country. • Main Street communities may take advantage of and participate in a special network of Main Street cities statewide and nationally, with over 1,600 communities across the nation, and 47 city, state, and regional Coordinating Programs, that participate in the Main Street program. This allows them to learn best practices, techniques, and strategies for downtown development. Funding: • When available, Main Street communities are eligible to apply for downtown revitalization funding programs to assist small business development and property rehabilitation. • When available, Kentucky Main Street communities are eligible to apply for funding programs through the National Main Street Center. • The Kentucky Main Street program distributes funding opportunities from federal, state, corporate, and foundation sources commonly used for funding downtown projects. 4 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION Resources: • Through the Kentucky Main Street program, communities can identify resource people, consultants, and specialists on topics of interest to the community. Economic Impact: • Since 1979 when the program began, Main Street communities in Kentucky have had over $4.7 billion in new investment in their downtowns, a net gain of 6,503 new businesses, and a net gain of over 34,467 new jobs. This is serious economic development! • The Kentucky Main Street staff facilitates statewide economic impact studies and collects data to determine trends in Main Street and Small Town Main Street communities. Marketing & Recognition: • Accredited Kentucky Main Street communities are eligible to receive statewide recognition through the Kentucky Main Street Award program. • In addition, designated communities are eligible for recognition by the National Main Street Center as a Nationally Accredited or Affiliate Main Street community. • Kentucky Main Street communities receive marketing and recognition through the weekly newsletter, social media sites, and website. • Nationally Accredited Main Street communities are eligible to apply for national recognition through the Great American Main Street Awards° (GAMSA), a program of the National Main Street Center. • Kentucky Main Street communities receive publicity about their programs through press releases distributed through the Kentucky Main Street program, the Kentucky Heritage Council, and the Tourism, Arts, and Heritage Cabinet through updates and annual reports, Main Street presentations, and social media sites. *Note — in the event of a natural disaster or pandemic event, programs and services may be changed, conducted virtually, or canceled in accordance with recommended guidelines from the Center for Disease Control and KY State Emergency Management. Requirements of Accredited Kentucky Main Street Communities Participate in all services provided to the local community by the Kentucky Main Street program. 2. Employ a full-time – 37.5-40 hours/week paid professional Main Street Director, who is dedicated to downtown and will coordinate and facilitate the work of the program. Communities with a population of 5,000 + must employ a full-time director. Communities with a population of 5,000 or less MAY employ a part-time - 20+ hours/week position paid professional Main Street Director. • The Main Street Director should be paid a salary consistent with those of other community development professionals within the city, state, or region in which the program operates. • The Director should be adequately trained — and should continue learning about revitalization techniques and issues affecting traditional commercial districts. • The Director should have a written job description that correlates with the roles and responsibilities of a Main Street Director. 5 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION • There should be a formal system in place for evaluating the performance of the Director on an annual basis. • Adequate staff management policies and procedures should be in place. 3. Obtain a 501(c) 3, 4, or 6 nonprofit designation OR be designated as a department of the local municipal government. 4. Establish broad-based support for the commercial district revitalization process with strong support from both the public and private sectors. • The Main Street organization should have the active participation of various stakeholders at the committee and board levels. • Participants should contribute financial, in-kind, and volunteer support for the revitalization program. • Participants should look for, and act on, opportunities to make connections between other programs or organizations to form partnerships that help further the revitalization process. • The program should include an ongoing process for volunteer recruitment, orientation, and recognition, constantly refreshing its pool of volunteers and involving new people each year. • The revitalization program has broad-based philosophical support from the community. • Municipal government demonstrates a philosophical commitment to commercial district revitalization. 5. Establish and maintain an active Board of Directors and Committees using the Main Street Four -Point Approach' and develop a comprehensive Main Street Transformation Work Plan using the Main Street Four -Point Approach°. Main Street revitalization by nature is a community -driven process. Therefore, community members must take an active role in leading and implementing positive change. While the Director is responsible for facilitating the work of volunteers, this staff member is not tasked with single-handedly revitalizing the commercial district. The direct involvement of an active board of directors and committees is key to success. If a Main Street organization is housed within another entity (e.g., a community development corporation), it is still important to have its own board of directors and committee structure. • The board is a working, functional board that understands its roles and responsibilities and is willing to put forth the effort to make the program succeed. • Committee members assume responsibility for the implementation of the work plan. • The program has a dedicated governing body, its own rules of operation, its own budget, and its own bylaws, and is empowered to carry out Main Street's mission, even if the Main Street program is a part of a larger organization. • The board is well-managed and holds regular monthly meetings, with an agenda and regular distribution of minutes. • Committees have regularly scheduled meetings with an agenda that addresses the committee work plan. Establish an annual transformation work plan/planning process for downtown. A comprehensive annual work plan provides a detailed blueprint for the Main Street program's activities; reinforces the program's accountability both within the organization and in the broader community; and provides measurable objectives by which the program can track its progress. • The work plan should contain a balance of activities in each of the four broad program areas that comprise the Main Street approach — Economic Vitality, Quality Design, Effective Promotion, and Sustainable Organization. 6 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION • The work plan should contain measurable objectives, including timelines, budgets, desired outcomes, and specific responsibilities. • The work plan should be reviewed quarterly, and a new one should be developed annually. • Ideally, the full board and committees will be involved in developing the annual work plan. At a minimum, the full board should adopt/approve the annual work plan. • The work plan should distribute work activities and tasks to a broad range of volunteers and program participants. • There has been significant progress in each of the four points based on the work plan submitted for the previous year. Adopt and exhibit a Historic Preservation Ethic and design management program. Historic preservation is central to the Main Street program's purpose and is what makes historic and traditional commercial districts authentic places. Historic preservation involves saving, rehabilitating, and finding new uses for existing buildings, as well as intensifying the uses of the existing buildings, through building improvement projects and policy and regulatory changes that make it easier to develop property within the commercial district. • The program has or is working toward putting in place, an active and effective design management program (which may include financial incentives, design assistance, regulatory relief, design review, education, and other forms of management). • The program encourages appropriate building renovation, restoration, and rehabilitation projects. • When faced with a potential demolition or substantial structural alteration of a significant, historic, or traditional building in the Main Street district, the program actively works to prevent the demolition or alteration, including working with appropriate partners at the state, local, or national level to attempt to stay or alter the proposed activity; developing alternative strategies for the building's use; and/or educating local leaders about the importance of retaining existing buildings and maintaining their architectural integrity. • The program works to find creative adaptive use, financing, and physical rehabilitation solutions for preserving old buildings. • The program recognizes the importance of planning and land -use policies that support the revitalization of existing commercial centers and works toward putting planning and land -use policies in place that make it as easy (if not easier) to develop property within the commercial district as it is outside the commercial district. Similarly, it ensures that financing, technical assistance, and other incentives are available to facilitate the process of attracting investment to the historic commercial district. • The program builds public awareness of the commercial district's historic buildings and good design through educational programming. 8. Demonstrate an established vision for downtown and a mission that defines the role of the organization that will manage the downtown initiative. • The organization has an appropriate written mission statement. • The mission statement is reviewed annually and updated as appropriate. • The organization has an appropriate written vision statement for downtown that is reviewed annually and updated as appropriate. The vision statement should define the economic potential of downtown. 9. New Main Street Director attendance at a Main Street Orientation 10. Fund the local Main Street program through both public and private partnerships at a level allowing for full implementation of the program based on the Four -Point Approach® and the adopted annual work plan. 7 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION The Main Street program's budget should be adequate to achieve the program's goals. The dollar amount that is "adequate" for a program budget may vary. • The budget should be specifically dedicated to revitalizing the commercial district. • The Main Street program's budget should contain funds adequate to cover the salary and benefits of staff; office expenses; travel; professional development; and committee activities. • Revenue sources are varied and broad-based, including appropriate support from the municipal government. • There is a strategy in place to help maintain stable funding. • There is a process in place for financial oversight and management. • Regular monthly financial reports are made by the treasurer to the board and are recorded in the meeting minutes. 11. Main Street Director's attendance at two annual Kentucky Main Street Conferences. (In the case of a vacancy or illness/emergency, a substitution for the director may be made for this meeting). Minimum of one volunteer attendance at one of the Kentucky Main Street Conferences. 12. Main Street Director (or Volunteer if Director cannot) attendance at regional meetings each year. (Held quarterly) 13. Maintain and update as appropriate your community's Main Street information on your website. 14. Submit statistical data quarterly. 15. Maintain an annual membership with the National Main Street Center at the Main StreetAmerica Communi Member level. 16. Place the Accredited Main Street Community logo on the Main Street program website and use the logo when appropriate on social media, email, and marketing materials. 17. Main Street Program must also sign and follow the National Main Street sublicense agreement and must comply with all Accredited or Affiliate community requirements. Logos and Website language will be sent from Main Street America following receipt of signed agreements. 8 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION Documents Needed for a Change in Administration of the Local Main Street Program, including if the organization changes from a nonprofit, government, or quasi -public-private structure to a different structure: • The City Commission/Council has the authority to designate another agency/entity to administer the Main Street program if deemed necessary. • Kentucky Main Street Center requires: • A resolution from the City Commission/ Council that authorizes this change. • Minutes of the City Commission Council Meeting demonstrating the majority vote and reason for the change. • Documentation demonstrating how the entity that will be administering the Main Street Program will address the items listed under the requirements section of this document Benefits of Membership with The National Main Street Center Accredited Main Street Member (Required for all active, designated Kentucky Main Street communities) As a designated Main Street Member, your program is a recognized leader among the largest network of commercial district organizations in the world. Tap into the expertise of our large network of Main Street Programs, planners, local government agencies, consultants, and others to learn, research, and share useful experiences. This guide explains the benefits of membership and how to access these tools. We want you to get as much out of your membership as possible! Please contact us if you require any assistance with your benefits. Your benefits include: • Exclusive eligibility to be recognized as an Affiliate or Accredited Main Street America program. • Exclusive eligibility to enter into a Licensing Agreement with the NMSC, or your Coordinating Program, to use the Main Street America' name and logo. • Eligibility to apply for the Great American Main Street Awards and other special awards and grant programs. • Up to six free sub -memberships to share access to resources with your team • Access to The Point, our exclusive online member networking platform. • Access to Main Street News, a weekly newsletter on new trends, stories from the field, and need -to -know information for those in the commercial district revitalization field. • Members -only rates at the annual Main Street Now Conference, and the Main Street America Institute. • State of Main, our annual printed publication. • Access to our digital library of must -read revitalization publications and resource guides, including exclusive training materials on the Main Street Approach and full archives of the Main Street Now journal. 9 1 Page 2023 ANNUAL AGREEMENT KENTUCKY MAIN STREET° DESIGNATION • Free online training opportunities. • Full access to the Main Street Resource Center with sample documents, articles, reports, and more from your peers and experts in the field—all at your fingertips. • Ability to post job openings for your local program through the National Trust for Historic Preservation's online Career Center. • Access to tailored insurance products from the National Trust Insurance Services, LLC. • Family level membership with the National Trust for Historic Preservation including a subscription to Preservation magazine. • And more! Annual Dues: $375 Information from: https://www.mainstreet.org/ooin Signature Page 1. Designated Main Street City/Town: 2. Name of Local Main Street Administrating Organization: 3. Check Which One Applies: ❑ Public (City/Town) Administered ❑ Private (Non -Profit) Administered ❑ Quasi Public -Private (Town/Non-Profit) Administered 4. Name of Main Street Director: Title: Signature: Date: 5. Name of Board Chair: Title: Signature of Board Chair: Date 6. Name of Mayor/City Manager: Title: Signature of City/Town Manager: Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Annexation of four City -owned lots for potential redevelopment - J SOMMER Category: Ordinance Staff Work By: Josh Sommer Presentation By: Josh Sommer Background Information: These four lots are at 3110 & 3112 New Holt Road and 5065 & 5075 Concord Avenue. These lots were purchased by the City of Paducah from Ms. Betty Owens to facilitate New Holt Road being extended beside Kentucky Oaks Mall. Said purchase took place in October of 2013. There used to be a single-family home on the primary lot, which burned down approximately three years ago. This annexation is being performed to bring these lots into the City before potential redevelopment. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Community Growth Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approval. Attachments: 1. ORD Annex — Consensual 3110-3112 New Holt Road and 5065-5075 Concord Avenue 2. Location Map 3. 2023-040pl 4. DESCRIPTION OF TRACT 1 ORDINANCE NO. 2024- - AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND ACCURATELY DEFINING THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE LIMITS WHEREAS, the property, approximately 2.57 acres of land located at 3110 New Holt Road, 3112 New Holt Road, 5065 Concord Avenue, and 5075 Concord Avenue is contiguous to the boundaries of the City of Paducah and particularly and accurately set out in the legal description below; and WHEREAS, said property is suitable for development for urban purposes without unreasonable delay because of population density, commercial, industrial, or governmental use of land, or subdivision of land; and WHEREAS, said property does not include any territory that is already within the jurisdiction of another incorporated city, or another county; and WHEREAS, said property is not part of an agricultural district formed pursuant to KRS 262.850(10); and WHEREAS, the City of Paducah is the owner of said property, and requests said consensual annexation; and WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior written consent to the annexation; and WHEREAS, the City issued notice of said execution to the McCracken County Fiscal Court on November 6, 2023; and WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the land described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and makes a part of the City of Paducah, Kentucky, said real property being more particularly and accurately described as follows: DESCRIPTION COMMENCING AT A 5/8" IRON ROD FOUND IN THE SOUTHERLY LINE OF THE CITY OF PADUCAH PROPERTY (DEED BOOK 1264, PAGE 637); THENCE S 5° 03'08" W FOR A DISTANCE OF 25.31 FEET TO A POINT IN THE CENTER OF CONCORD AVENUE AS SHOWN IN PLAT SECTION "G" SLIDE 93 IN THE McCRACKEN COUNTY CLERK'S OFFICE, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; G</B>; THENCE, N 76° 08'57" W FOR A DISTANCE OF 323.08 FEET TO A POINT AT THE INTERSECTION OF CENTERLINES OF CONCORD AVENUE AND FAIRLANE AVENUE; THENCE, N 22° 58'03 " E, ALONG THE CENTERLINE OF SAID FAIRLANE AVENUE FOR A DISTANCE OF 350.32 FEET TO A POINT; THENCE, S 76° 08'57" E FOR A DISTANCE OF 323.08 FEET TO A POINT IN THE WESTERLY INE OF THE KENTUCKY OAKS MALL PROPERTY (DEED BOOK 1110, PAGE 594); THENCE S 22° 58'03" W A DISTANCE OF 350.32 FEET TO THE POINT OF BEGINNING. CONTAINING 2.57 ACRES, MORE OR LESS PER SURVEY BY WEST KENTUCKY LAND SURVEY, UNDER THE SUPERVISION OF ANDREW C. JULIAN, KENTUCKY LICENSED PROFESSIONAL LAND SURVEYOR NUMBER 4133, ALL SITUATED IN THE COUNTY OF McCRACKEN, STATE OF KENTUCKY. SECTION 2. The City of Paducah hereby declares it desirable to annex the property described in Section 1 above. SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining sections of the ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 14, 2023 Adopted by the Board of Commissioners, Recorded by Paducah City Clerk, Published by The Paducah Sun, ORD\Plan\Annex — Consensual 3110-3112 New Holt Road and 5065-5075 Concord Avenue CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance adopted by the Board of Commissioners of the City of Paducah at a meeting held on WITNESS, my hand and seal of the City of Paducah, this day of Lindsay Parish, City Clerk i VIA Wa"a � � 1 6191 j 329 3761 �r •i 3121 Fr r /.'. f � '.';R +� '�I f 311-0 ' 1I d f a f5im ®OWL C13C i iA I� 1 W ...,. .int 519^ �, ✓" 51w, 519 `, i 6191 5191 f e191 �M69 5191 AA�5191 'i. p In.n ep 0x129: �! 5191 �i1p1 r 7969 5191, } 55T5 5191 3959 e 37:s3011 1 s Y�� 4 �k -0 r 1x1 3061 }K 3300 f 3929 , 1� � gin` �• �'"�" : 11�:�' ' �� f �.�' � 1 :�1 ° _ ��. PROPOSED ANNEXATION LIMITS ———— —— — EXISTING CITY/COUNTY LIMITS ADJOINING PROPERTY LINE GRAPHIC SCALE 50 0 25 50 100 200 (IN FEET) 1 inA=50ft GPS NOTE THISSORVEY WASPERPHRMED USINGATRIMBLE RIO BASK AND ROVBR WITH GPS. GLONASSAND DBAL,F=UENCYCAPABILITIB.TBISSURVEY WASCONDUCFED UTIECEINGA KCAL TIME KINEMATIC(ETK) BASEAND ROYER SETUP. A REDUNDANCY DP MEASUREMENTS WAS ALSOTAKEN TO INSURECORRECT POSITIONS OF ALL DATA POINTS. THE RELATIVE POSITIONAL ACCURACY EXCEEDED THE ACCURACY OF STABON, FORARURALSURVEY.ASESTABMSHBDBYTHECOMMONWEALTHDF KBNTIICKV. STANDARDS POB PROFESSIONAL LANDSURVEYORS PBR201 BAR 18150 GI-0.1-00PPEO BPA=O.N' LTION PLAT PADUCAH PROPERTY ENCE: DEED BOOK 1264, PAGE 637 ;TION "G - SLIDE 93 1.ARDREW C.JIILIAN. A WCENSED PROPPSSIOXAL LAND SURVEYOR IN THE STATE UP KENTUCKY DO HEREBYCERTIPY, THAT THE BOUNDARY INFORMATION SHOWN HEREON WAS PERFORMED T DIRECf SIIPERVISIGN BY USING REAL TIME EINEMATIC "RTK"GPS(IRIMBLE RIO DUAL FREQUENCY RECEIVERS). HORIZONTAL INFORMATION LS BASED ON THE KENTUCKY CORS REAL ME NETWORK. THEACCURACY AND PRECISION OPSAIDSURICY MEETS OR EXCEEDS SPECIFICATIONSOP AN"URBAN"SURYEY. pay AWBO'I��IEBMIICKT9 DATED THI519re DAY OPOCTOBER 2023 AT SIMPSON.ILLINOIS = ANDREW 1.junAEUM d133133 — — ANDREWC.JIILIAN.KEN'N LICENSEDPROPESSIONALWNDSURVEYORN0.4133 LICE NSB E%PIBPS: 06/30/2025 ollm"il°nil�ill�ilul°Rilnlc PIELDWOBK COMPLETED: 0911312023 KENTUCKY KENTUCKY LAND SURVEY, LLC Swevn.Iw.IMBs62965 PA. BT 2.270 BOX.2 G2928 T. 2T0�908�2396 E^ -Mui: wns1133C�w¢.cuK O 0.N Z voa Revisions CITY OF P--. XENTHCKY 2023-040 DESCRIPTION OF TRACT A 0 ntoc&y Lana October 19, 2023 COMMENCING AT A 5/8" IRON ROD FOUND IN THE SOUTHERLY LINE OF THE CITY OF PADUCAH PROPERTY (DEED BOOK 1264, PAGE 637); THENCE S 5° 03' 08" W FOR A DISTANCE OF 25.31 FEET TO A POINT IN THE CENTER OF CONCORD AVENUE AS SHOWN IN PLAT SECTION "G" SLIDE 93 IN THE McCRACKEN COUNTY CLERK'S OFFICE, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; G</B>; THENCE, N 760 08,57" W FOR A DISTANCE OF 323.08 FEET TO A POINT AT THE INTERSECTION OF CENTERLINES OF CONCORD AVENUE AND FAIRLANE AVENUE; THENCE, N 220 58'03" E, ALONG THE CENTERLINE OF SAID FAIRLANE AVENUE FOR A DISTANCE OF 350.32 FEET TO A POINT; THENCE, S 760 08'57" E FOR A DISTANCE OF 323.08 FEET TO A POINT IN THE WESTERLY INE OF THE KENTUCKY OAKS MALL PROPERTY (DEED BOOK 1110, PAGE 594); THENCE S 220 58'03" W A DISTANCE OF 350.32 FEET TO THE POINT OF BEGINNING. CONTAINING 2.57 ACRES, MORE OR LESS PER SURVEY BY WEST KENTUCKY LAND SURVEY, UNDER THE SUPERVISION OF ANDREW C. JULIAN, KENTUCKY LICENSED PROFESSIONAL LAND SURVEYOR NUMBER 4133, ALL SITUATED IN THE COUNTY OF McCRACKEN, STATE OF KENTUCKY. Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Authorizing the Closure of 33,722 Square Feet of Vermont Street Between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street, and 125 Ridgeview Street - R. MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Josh Sommer Presentation By: Rick Murphy Background Information: The following adjacent property owners have submitted an executed application requesting the closure of 33,722 Square Feet of Vermont Street between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street, and 125 Ridgeview Street: • Brian Walker, Walker Properties of Western Kentucky LLC • Fifty North LLC • Alfred Neihoff The following applicant executed a guarantee for the closing of the portion of Vermont Street adjacent to the property of Richard & Patty Hayton & Etals: Brad Walker, Walker Properties of Western Kentucky, LLC On June 5, 2023, the Paducah Planning Commission held a public hearing and made a positive recommendation to the City Commission for the closure. All of the utility companies have agreed to this closure. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: To adopt an ordinance authorizing the closure of 33,722 Square Feet of Vermont Street between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street, and 125 Ridgeview Street, and authorizing the Mayor to execute the closure plat and all necessary documents to complete the transfer of property to the adjacent property owners. To authorize, empower and direct the Corporate Counsel of the City of Paducah, Kentucky to institute and prosecute, pursuant to KRS 82.405, an action in McCracken Circuit Court for a judgment ordering the closing of 33,722 square feet of Vermont Street between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street and 125 Ridgeview Street. Attachments: 1. ORD Vermont Street, Nolan Avenue and Ridgeview Street 2. Vermont St_100-137 plat 3. Vermont St-100-137—PC Resolution ORDINANCE NO. 2023 - AN ORDINANCE PROVIDING FOR THE CLOSING OF 33,722 SQUARE FEET OF VERMONT STREET BETWEEN 124 & 169 NOLAN AVENUE, 100 & 137 VERMONT STREET, AND 125 RIDGEVIEW STREET, AND AUTHORIZING THE INITIATION OF A REQUEST IN CIRCUIT COURT FOR THE CLOSURE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah does hereby authorize City Counsel to initiate an action in Circuit Court for the closure of 33,722 square feet of Vermont Street between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street and 125 Ridgeview Street as follows: LEGAL DESCRIPTION OF TRACT 1 (0.37 ACRES) Lying between a Street Reservation per unrecorded plat of Phillips Park Subdivision and Olympia Avenue and being a portion of Vermont Street (unimproved) as shown on said Phillips Park Subdivision (unrecorded), City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a'/2" rebar with cap 3861 set at the Northwesterly corner of Vermont Street per unrecorded Plat of Phillips Park Subdivision at the Southwesterly corner of Walker Properties of Western Kentucky LLC property per Deed Book 1460, page 355 and having Kentucky State Plane coordinates (South Zone 1602 — NAD 83) of. Northing 1913305.118 and Easting 793245.318; THENCE FROM SAID POINT OF BEGINNING S 64°34'26" E with the Northerly right-of-way line of said Vermont Street and Southerly line of said Walker Properties of Western Kentucky LLC 237.31 feet to an existing '/2" rebar with cap (illegible) at the Southeasterly corner thereof and Southwesterly corner of the Richard and Pattie Hayton & Etals property per Deed Book 1289, page 563; thence S 25°25'34" W on a new division line 25.00 feet to a '/2" rebar with cap 3861 set in the centerline of said Vermont Street; thence S 64°34'26" E with the centerline of said Vermont Street 161.91 feet to a'/2" rebar with cap 3861 set; thence on a new division line S 25°25'34" W 25.00 feet to an existing 4" x 4" concrete monument at the Northeasterly corner of the Walker Properties of Western Kentucky LLC per Deed Book 1430, page 774 and in the Southerly right-of-way line of said Vermont Street; thence N 64°34'26" W with the Southerly right-of-way line of Vermont Street and Northerly line of said Walker Properties of Western Kentucky LLC per Deed Book 1430, page 774, a distance of 405.66 feet to a'/2" rebar with cap 3861 set at the Southwesterly corner of said Vermont Street and Northwesterly corner of said Walker Properties of Western Kentucky LLC; thence N 32'46'10" E with the Westerly end of said Vermont Street 50.41 feet to the Point of Beginning and containing 0.37 acres. LEGAL DESCRIPTION OF TRACT 2 (0.15 ACRES) Lying Northwest of Olympia Avenue and being part of Vermont Street (unimproved) per Phillips Park Subdivision (unrecorded), City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a/z" rebar with cap 3861 set in the Northerly right-of-way line of Vermont Street per unrecorded Plat of Phillips Park Subdivision and at the Southeasterly corner of the Richard and Patti Hayton & Etals property per Deed Book 1289, page 563, said point being N 64°34'26" W 173.21 feet as measured along the Northerly right-of-way line of said Vermont Street from a 1/z" rebar with cap 3861 set at its intersection with the Westerly right-of-way line of Olympia Avenue and having Kentucky State Plane Coordinates (South Zone 1602 — NAD 83) of: Northing 1913091.299 and Easting 793695.092; THENCE FROM SAID POINT OF BEGINNING S 25025'34" W on a new division line 25.00 feet to a 1/z" rebar with cap 3861 set in the centerline of said Vermont Street; thence N 64034'26" W with the centerline of said Vermont Street and passing a 1/z" rebar with cap 3861 set at 98.79 feet for a total distance of 260.70 feet to a 1/z" rebar with cap 3861 set; thence N 25025'34" E on a new division line 25.00 feet to an existing 1/z" rebar with cap (illegible) in the Northerly right-of-way line of said Vermont Street and at the Southwesterly corner of aforesaid Richard and Pattie Hayton & Etals property per Deed Book 1289, page 563; thence S 64°34'26" E with the Northerly right-of-way line of said Vermont Street and Southerly line of said Hayton & Etals property 260.70 feet to the Point of Beginning and containing 0.15 acres. LEGAL DESCRIPTION OF TRACT 3 (0.10 ACRES) Lying on the Westerly side of Olympia Avenue and being part of Vermont Street (unimproved) per unrecorded Plat of Phillips Park Subdivision, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a 1/z" rebar with cap 3861 set in the Northerly right-of-way line of Vermont Street per unrecorded Plat of Phillips Park Subdivision at its intersection with the Westerly right-of-way line of Olympia Avenue, said point also being in the Southerly line of Fifty North, LLC property per Deed Book 1238, page 409 and having Kentucky State Plane coordinates (South Zone 1602 — NAD 83) of: Northing 1913016.932 and Easting 793851.524; THENCE FROM SAID POINT OF BEGINNING S 25025'34" W with the Westerly right-of-way line of said Olympia Avenue 25.00 feet to a 1/z" rebar with cap 3861 set at its intersection with the centerline of Vermont Street; thence N 64°34'26" W with the centerline of said Vermont Street 173.21 feet to a 1/z" rebar with cap 3861 set; thence N 25025'34" E on a new division line 25.00 feet to a 1/z" rebar with cap 3861 set in the Northerly right-of-way line of said Vermont Street and at the Southwesterly corner of aforesaid Fifty North LLC property per Deed Book 1238, page 409; thence S 64034'26" E with the Northerly right-of-way line of said Vermont Street and the Southerly line of said Fifty North LLC property 173.21 feet to the Point of Beginning and containing 0.10 acres. LEGAL DESCRIPTION OF TRACT 4 (0.16 ACRES) Lying on the Westerly side of Olympia Avenue and being part of Vermont Street (unimproved) per unrecorded Plat of Phillips Park Subdivision, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a/z" rebar with cap 3861 set in the Westerly right-of-way line of Olympia Avenue at its intersection with the Southerly right-of-way line of Vermont Street per unrecorded Plat of Phillips Park Subdivision, said point being at the Northeasterly corner of the Alfred Neihoff property per Deed Book 1191, page 355 and having Kentucky State Plane Coordinates (South Zone 1602 — NAD 83) of: Northing 1912971.775 and Easting 793830.057; THENCE FROM SAID POINT OF BEGINNING N 64034'26" W with the Southerly right-of-way line of said Vermont Street and the Northerly line of said Alfred Neihoff property per Deed Book 1191, page 355 a distance of 272.00 feet to an existing 4" x 4" concrete monument at the Northwesterly corner of said Neihoff property; thence N 25025'34" E with a new division line 25.00 feet to a/z" rebar with cap 3861 set in the centerline of said Vermont Street; thence S 64034'26" E with the centerline of said Vermont Street 272.00 feet to a/z" rebar with cap 3861 set at its intersection with the Westerly right- of-way line of aforesaid Olympia Avenue; thence S 25°25'34" W with the Westerly right-of-way line of Olympia Avenue 25.00 feet to the Point of Beginning and containing 0.16 acres. SECTION 2. In support of its decision to close the aforesaid public way, the Board of Commissioners hereby makes the following findings of fact: a. Brian Walker, Walker Properties of Western Kentucky LLC, Fifty North, LLC, Alfred Neihoff, Richard and Patty Hayton and Etals, own the property abutting the public way, which the Board of Commissioners has authorized to be closed as is evidenced by the Public Right -of -Way Closure Application attached hereto and made part hereof (Exhibit A). b. Brian Walker, Walker Properties of Western Kentucky LLC, has executed a guarantee for the closing of the portion of Vermont Street as attached hereto and made part hereof (Exhibit B). C. On the 5th day of June, 2023, the Paducah Planning Commission of the City of Paducah adopted a resolution recommending to the Mayor and Board of Commissioners of the City of Paducah closure of the aforesaid public way. d. There are no other property owners in or abutting the public way or the portion thereof being closed as is evidenced by the application for street and/or alley closing which is attached hereto and made a part hereof. SECTION 3. That the City of Paducah hereby authorizes the initiation of a request in Circuit Court for the closure of 33,722 Square Feet Of Vermont Street Between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street And 125 Ridgeview Street SECTION 4. All requirements of KRS 82.405(1) and (2) having been met, the Board of Commissioners of the City of Paducah hereby concludes that the aforesaid public way, as described above, should be closed in accordance with the provisions of KRS 82.405. SECTION 5. The Mayor is hereby authorized, empowered, and directed to execute the closure plat and all necessary documents to complete the transfer of property to the property owner in or abutting the public way to be closed to acquire title to that portion of the public way contiguous to the property now owned by said property owner up to center line of the said public way. Provided, however, that the City shall reserve such easements upon the above described real property as it deems necessary. Said deed shall provide the reservation by the City of Paducah any easements affecting the herein described real property as described in Section 1 above. Further, the Mayor is hereby authorized, empowered, and directed to execute all documents related to the street closing as authorized in Section 1 above. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\eng\st close\Vermont Street, Nolan Avenue and Ridgeview Street CERTIFICATION I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of Paducah, Kentucky, and that the foregoing is a full, true and correct copy of Ordinance No. adopted by the Board of Commissioners of the City of Paducah at a meeting held on City Clerk Exhibit A CITE' OF P ADU AH, KENTUCKY PUBLIC RIGHT-OF-WAY CLOSURE APPLICATION Application is hereby made to the Mayor and Board of Commissioner far th-8 closing vf: Public Right-tf-onlay: A periion of Vermont Sueel Included herewith is a NOD fee of Five Hundred Dollars ($500) together with twenty (20) copies of a Plat showing tihQ Public fight -of -Way to be clued. This Application indicating Coftsent of the Public light -ref -Way closure, has been sign€ b arid notarized by all real property owners whose land adjoins the portion r}f Public Right -of -Way proposed to be closed. If the application is Trot sinned by all edj4rrii6g real property owners, the Public light -of -Way tosure Guarantee" mu&t be attached_ Respectfully submitted by all adjoining property wwners, Signature of Property Owner Walkor froper'iea of lwaslern Km1ocky. LLC Property Owner's Faroe PrFrlted 12,5 FUd evietx 51neet AWress Signature of Property Owner Richard & Pahle itormn Property { wn42m is Nairn; Printed 121 Holan Ck-,e° Address STATE OF KENTUCKY COUNTY OF McCRACKEhI The foregoing in taun-ent was swarm to and ackrlc*edged her m this tla3r rof JL l Y�.Q 20L by My Comrnirsivn 4"F1,te D, Nbtit Large eRtFFi..,L SEAL No�rX F'�iNi�. `. .:. KYNP4SF5i,5 5ka4>' at L> ! E�rlivty AlarrrnYrWn,: STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing PnStrunient was sworn to and a cknovdsdged before me 61jr, clay of 20i by My Commission mires _ Notary Public, Stale al Large SEAL Signature 6 rO,perty Owner hKru d Neih+ , Property Gwn-er`:MaFne Phntod 137 Vowont 8treel Address L A I di It i• Signatu,re Prtrty Owner Fifty NV1h, LLG Prop" Owner's Neap Printed 1 req Nulan Ddye Address Signature of Properly Owner Property Owner's Name Printed Address STATE OF KENTtlGKY COUNTY OF MCCRAC;KEN The Wogoing instrument was sworn to -and arAriowie ed before thiy4J4f by My Cammi i 0 pares Notmy P tR at Large LIN STATE OF KENTUCKY COUNTY OF McCRACKEN The fareW.ng ink enl was swam� toand acknowledgad befa mcg This day of TIAI + �. My Commission axrnres t l7 �. Notary PLOC, lr3ta at targe OFF CAL SEAL L Abney J_ Davjis Mcmry Pyt§a ID N4. KYKP4M StiltH of Largs., KEdfWakyr MY u3MR � YFI+=4 STATE SOF KENTUCKY GOtJ NTY OF McCRACKEN Thi foregoing instfurnent was swnrn to and acknowledged before me the day of_ 7C] by -- My Ci mmissian expires NDiary PuNic, Stata at Large SEAL Exhibit B CITY OF PADUCAH, KENTUCKY %MJ PUBLIC RIGHT -QF -WAY CLOSURE GUARANTEE Date- October 11, 202a If all real property owners whose land adjoins the public Right -cif -Way proposed to be closed have not signed the Application and tho Plat, then the following guarantee shall he executed by all Applicants and notarized: The undersigned Applicant(s) unconditionally Guarantee that Ifvre shall be personally liable for and shall promptly pay all damages, including attorney fees, dial may be awarded pursuant to KR -5 82.4 DS in Orly Civil action for the closing of the Public Right -of -Way named herein. Public Right-of-way: Pollan or Vef mont street Signature of Property Owner Walkef Roperbes of MVestem Kentur*y, LLC Property Owner's Name Printed 1925 Deerhaven bane Address 5ign2ttrre of Property Ovmer Property Owner's Name Printed - Address SWE OF KENTUCKY COUNTY OF McCRACK€N The foregoing enseumen t was sworn to ar!d wknowledge+d Imfore me ehis f S day Df 000wr 2023_ b, Bradley 1A+ Iwr My Cbmmis%ign moires "27,2024 OFFICIAL SEAL Wsffi%�J. Davis N04UY aLIbICL 0 roc KYNP49G5 M EL* at La ego, Kentucky :Wr Cabrrr*5+y1 FA;4w Apo 27.22M STATE OF KENTUCKY g COUNTY OF McCRACKEN I Tire foregoiN instrument was sworn to and acknowledged 1aefore rrle this day of 20 t�yt My Commission expires Naiary Public, State at Large SEAL wp.v eras �"/vhe wNas�eot � F` ¢ ry hs� j w/w vm v STREET NOTE SirE �naa Prul ff a UTILITY NOTE: 1FAN CEFTFI TE � (% 'fi:�s'�sorure ffAA(./f/ rue �,co.�SVP<iA[is� 7 U¢ /G.1 9? cotiters sure P 4-v-vp mm. c� vca.r LOCATION MAP GENERAL NOTES i ;b� �EIRs CERTIFICATE lo jL ��<w�fa. rR•ys zap-xw ml LI-2C3Z «ten cERnFICATE OF ACKNO-LED—T 'ate o<m�c%ttzl, —E OF KENTUCI-, CERTIFICATE COUNTY RECORDING A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED CLOSING OF 33,722 SQUARE FEET OF VERMONT STREET BETWEEN 124 & 169 NOLAN AVENUE, 100 & 137 VERMONT STREET AND 125 RIDGEVIEW STREET. WHEREAS, a public hearing was held on June 5, 2023 by the Paducah Planning Commission after advertisement pursuant to law, and WHEREAS, this Commission has duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing, and WHEREAS, this Commission adopted a proposal to vacate and close 33,722 square feet of Vermont Street between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street and 125 Ridgeview Street. NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION: SECTION 1. That this Commission recommend to the Mayor and the Board of Commissioners of the City of Paducah to close said Right -of -Way as follows: LEGAL DESCRIPTION Ki TRACT 1 (0.37 ACRES) Lying between a Street Reservation per unrecorded plat of Phillips Park Subdivision and Olympia Avenue and being a portion of Vermont Street (unimproved) as shown on said Phillips Park Subdivision (unrecorded), City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a %" rebar with cap 3861 set at the Northwesterly corner of Vermont Street per unrecorded Plat of Phillips Park Subdivision at the Southwesterly corner of Walker Properties of Western Kentucky LLC property per Deed Book 1460, page 355 and having Kentucky State Plane coordinates (South Zone 1602 — NAD 83) of: Northing 1913305.118 and Easting 793245.318; THENCE FROM SAID POINT OF BEGINNING S 64'34'26" E with the Northerly right-of-way line of said Vermont Street and Southerly line of said Walker Properties of Western Kentucky LLC 237.31 feet to an existing %" rebar with cap (illegible) at the Southeasterly corner thereof and Southwesterly corner of the Richard and Pattie Hayton & etals property per Deed Book 1289, page 563; thence S 25°25'34" W on a new division line 25.00 feet to a %" rebar with cap 3861 set in the centerline of said Vermont Street; thence S 64°34'26" E with the centerline of said Vermont Street 161.91 feet to a Y:" rebar with cap 3861 set; thence on a new division line S 25°25'34" W 25.00 feet to an existing 4" x 4" concrete monument at the Northeasterly corner of the Walker Properties of Western Kentucky LLC per Deed Book 1430, page 774 and in the Southerly right-of-way line of said Vermont Street; thence N 64'34'26" W with the Southerly right-of-way line of Vermont Street and Northerly line of said Walker Properties of Western Kentucky LLC per Deed Book 1430, page 774, a distance of 405.66 feet to a Y=" rebar with cap 3861 set at the Southwesterly corner of said Vermont Street and Northwesterly corner of said Walker Properties of Western Kentucky LLC; thence N 32'46'10" E with the Westerly end of said Vermont Street 50.41 feet to the Point of Beginning and containing 0.37 acres. LEGAL DESCRIPTION COT. TRACT 2 (0.15 ACRES) Lying Northwest of Olympia Avenue and being part of Vermont Street (unimproved) per Phillips Park Subdivision (unrecorded), City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a X" rebar with cap 3861 set in the Northerly right-of-way line of Vermont Street per unrecorded Plat of Phillips Park Subdivision and at the Southeasterly corner of the Richard and Patti Hayton & Etals property per Deed Book 1289, page 563, said point being N 64°34'26" W 173.21 feet as measured along the Northerly right-of-way line of said Vermont Street from a Y=" rebar with cap 3861 set at its intersection with the Westerly right-of-way line of Olympia Avenue and having Kentucky State Plane Coordinates (South Zone 1602 — NAD 83) of: Northing 1913091.299 and Easting 793695.092; THENCE FROM SAID POINT OF BEGINNING S 25"25'34" W on a new division line 25.00 feet to a h" rebar with cap 3861 set in the centerline of said Vermont Street; thence N 64°34'26" W with the centerline of said Vermont Street and passing a %" rebar with cap 3861 set at 98.79 feet for a total distance of 260.70 feet to a %" rebar with cap 3861 set; thence N 25°25'34" E on a new division line 25.00 feet to an existing l" rebar with cap (illegible) in the Northerly right-of-way line of said Vermont Street and at the Southwesterly corner of aforesaid Richard and Pattie Hayton & Etals property per Deed Book 1289, page 563; thence S 64°34'26" E with the Northerly right-of-way line of said Vermont Street and Southerly line of said Hayton & Etals property 260.70 feet to the Point of Beginning and containing 0.15 acres. LEGAL DESCRIPTION M TRACT 3 (0.10 ACRES) Lying on the Westerly side of Olympia Avenue and being part of Vermont Street (unimproved) per unrecorded Plat of Phillips Park Subdivision, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a y" rebar with cap 3861 set in the Northerly right-of-way line of Vermont Street per unrecorded Plat of Phillips Park Subdivision at its intersection with the Westerly right-of-way line of Olympia Avenue, said point also being in the Southerly line of Fifty North, LLC property per Deed Book 1238, page 409 and having Kentucky State Plane coordinates (South Zone 1602 — NAD 83) of: Northing 1913016.932 and Easting 793851.524; THENCE FROM SAID POINT OF BEGINNING S 25°25'34" W with the Westerly right-of-way line of said Olympia Avenue 25.00 feet to a %" rebar with cap 3861 set at its intersection with the centerline of Vermont Street; thence N 64"34'26" W with the centerline of said Vermont Street 173.21 feet to a %" rebar with cap 3861 set; thence N 25°25'34" E on a new division line 25.00 feet to a %" rebar with cap 3861 set in the Northerly right- of-way line of said Vermont Street and at the Southwesterly corner of aforesaid Fifty North LLC property per Deed Book 1238, page 409; thence S 64°34'26" E with the Northerly right-of-way line of said Vermont Street and the Southerly line of said Fifty North LLC property 173.21 feet to the Point of Beginning and containing 0.10 acres. LEGAL DESCRIPTION M TRACT 4 (0.16 ACRES) Lying on the Westerly side of Olympia Avenue and being part of Vermont Street (unimproved) per unrecorded Plat of Phillips Park Subdivision, City of Paducah, McCracken County, Kentucky and more particularly bounded and described as follows to wit: Beginning at a %" rebar with cap 3861 set in the Westerly right-of-way line of Olympia Avenue at its intersection with the Southerly right-of-way line of Vermont Street per unrecorded Plat of Phillips Park Subdivision, said point being at the Northeasterly corner of the Alfred Neihoff property per Deed Book 1191, page 355 and having Kentucky State Plane Coordinates (South Zone 1602 — NAD 83) of: Northing 1912971.775 and Easting 793830.057; THENCE FROM SAID POINT OF BEGINNING N 64°34'26" W with the Southerly right-of-way line of said Vermont Street and the Northerly line of said Alfred Neihoff property per Deed Book 1191, page 355 a distance of 272.00 feet to an existing 4" x 4" concrete monument at the Northwesterly corner of said Neihoff property; thence N 25"25'34" E with a new division line 25.00 feet to a %" rebar with cap 3861 set in the centerline of said Vermont Street; thence S 64"34'26" E with the centerline of said Vermont Street 272.00 feet to a %" rebar with cap 3861 set at its intersection with the Westerly right-of-way line of aforesaid Olympia Avenue; thence S 25'25'34" W with the Westerly right-of-way line of Olympia Avenue 25.00 feet to the Point of Beginning and containing 0.16 acres. SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning Commission respecting the matters appearing herein. SECTION 3. That if any section, paragraph or provision of this Resolution shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Resolution to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 4. Any agreements between the parties that are affected by the closure of these Right - of -Ways shall be forwarded to the Board of Commissioners with this Resolution. Bob Wade, Chairman Adopted by the Paducah Planning Commission on June 5, 2023 Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approval of Contract Modification 41 for S. 25th St Improvement Project with Central Paving Co. in the amount of $69,535.09 - R. MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: Summary: Approving a contract modification with Central Paving Co. for $69,535.09 for the S. 25th St Improvement Project that consisted of the reconstruction of pavement, the construction of a storm sewer system, water line relocation along S. 25th Street from Jackson Street to Alabama Street and the installation of sidewalks on the west side of S. 25th Street. Background: On November 26, 2019, the Paducah Board of Commissioners adopted Municipal Order 42306 approving a Memorandum of Agreement with the Commonwealth of Kentucky, Transportation Cabinet Department of Highways for a grant in the amount of $650,000.00 for S. 25th St. Improvement Project. On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was notified of $6,439,016.00 of available funding. On July 13, 2021, Municipal Order 92481 was authorized by the Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation projects. ARPA funding will be used for the balance of the project cost. On May 24, 2022, the Board of Commissioners approved Ordinance 2022-05-8736 for $1,878,792.30 with Central Paving Company. Ordinance 2022-05-8736 authorized the Finance Director to transfer $1.4M from the ARPA Project Fund into the S 25th Street Project account. A final adjusting Contract Modification is recommended to increase the project by $69,535.09, adjusting the construction project from $1,878,792.30 to $1,948,327.39. The change order includes: Reductions from original ($56,871.10) contract Additional work due to change $126,406.19 conditions TOTAL CONTRACT $69,535.09 MODIFICATION The S 25th Street Project Account (ST0040) retains sufficient fund balance to cover the contract modification without further transfer from the ARPA Project Fund (MR0089). Therefore, no additional transfer of funds is required. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Stormwater Communications Plan: Funds Available: Account Name: S 25th/ S 24th St Project Account Number: ST0040 Staff Recommendation: Authorize the Mayor to accept and execute Contract Modification #1 and any associated documents. Authorization increases Central Paving Company's contract by $69,535.09. The approval will increase the total contract amount of $1,878,792.30 to $1,948,327.39. Attachments: 1. ORD Contract Mod 41 — Central Paving - South 25th Street Improvement Project 2. S 25th—change orderl—form ORDINANCE NO. 2023 -11 - AN ORDINANCE APPROVING CONTRACT MODIFICATION NO. 1 WITH CENTRAL PAVING CO. FOR THE 25TU STREET IMPROVEMENT PROJECT IN AN AMOUNT OF $69,535.09 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME WHEREAS, on May 24, 2022, the Board of Commissioners approved Ordinance 2022-05-8736 for a Professional Services Contract in the amount of $1,878,792.30 with Central Paving Co. for the South 25th Street Project; and WHEREAS, a final adjusting Contract Modification is needed to increase the project by $69,535.09. KENTUCKY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. The Mayor is hereby authorized to execute Contract Modification No. 1 with Central Paving Co. in the amount of $69,535.09, for a new total contract cost of $1,948,327.39. SECTION 2. This expenditure shall be charged to the South 25th Street Project Account (ST0040). SECTION 3. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners November 14, 2023 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\eng\Contract Mod 41 — Central Paving - South 25th Street Improvement Project 00650 CHANGE ORDER PAGE 1 OF 1 CHANGE ORDER NO: DATE: NAME OF PROJECT: OWNER: VENDOR: CITY OF PADUCAH ENGINEERING DEPARTMENT CHANGE ORDER 1 October 27,2023 S. 25th Street Improvement Project City of Paducah, Kentucky Central Paving Company THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: ADDITIONS $126,406.19 DEDUCTIONS -$56,871.10 CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCREASED BY: $69,535.09 ORIGINAL CONTRACT PRICE: $1,878,792.30 CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: $1,878,792.30 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: $1,948,327.39 THE CONTRACT TIME WILL BE INCREASED BY: 0 days APPROVALS REQUIRED: VENDOR DATE CITY ENGINEER DATE MAYOR: DATE Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve Contract Modification 92 of Construction Contract with Jim Smith Contracting, LLC in the amount of $127,300.00 - R. MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Rick Murphy Background Information: Summary: Contract Modification 92 to Jim Smith Contracting, LLC in the amount of $127,300.00 due to the addition of eight (8) sluice gates, resulting in a final contract amount of $1,815,900.00. Background: On July 27, 2021, Ordinance 2021-07-8696 was approved by the Paducah Board of Commissioners to award a construction contract to Jim Smith Contracting, LLC in the amount of $2,152,000.00 for the Floodwall Flap Gate Replacement Project. On April 26, 2022, Ordinance 2022-04-8731 was approved by the Paducah Board of Commissioners, authorizing a contract modification of ($463,400.00) for a contract cost of $1,688,600.00 resulting from a change in the flap gate vendor. Due to supply chain issues, vendor non -responsiveness, and excessive cost of materials and items to fulfill the Buy American Act, the City issued a waiver of the Buy American Act to Jim Smith Contracting, LLC. The City consulted with the U.S. Army Corps of Engineers to verify the authority to issue the waiver. The cost savings of the Buy American Act waiver allow the City to replace an additional eight (8) sluice gates for a contract increase of $127,300.00 with a final contract cost of $1,815,900.00. By replacing these eight (8) sluice gates, all flap gates and sluice gates within the Paducah Local Flood Protection Project (LFPP) will be replaced. The Floodwall Flap Gate Replacement Project is part of the larger US Army Corps of Engineers' Paducah Local Flood Protection Project (LFPP) System rehabilitation project. This approximately $36M project involves the rehabilitation of all pump stations, discharge pipes, flap gates, and other structures associated with the Paducah Local Flood Protection Project (LFPP) System. The federal government is a 65% partner, with the City contributing 35% to the project. The Floodwall Flap Gate Replacement Project is part of the City's in-kind match and counts toward the City's 35% project portion. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: FW Flap Gates Account Number: FW0010 Staff Recommendation: Authorize and direct the Mayor to sign Change Order #2 with Jim Smith Contracting, LLC for the construction contract on the Floodwall Flap Gate Replacement Project in the amount of $127,300.00 with a final contract amount of $1,815,900.00 Attachments: 1. ORD Contract Amend No. 2 — Jim Smith Contracting Flapgate Replacement Project 2. Paducah Flap Gate CO2 3. Flap Gates Change Order2_Form ORDINANCE NO. 2023 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $127,300 FOR THE ADDITION OF EIGHT SLUICE GATES, RESULTING IN A FINAL CONTRACT AMOUNT OF $1,815,900 FOR THE FLOODWALL FLAPGATE PROJECT WHEREAS, on July 27, 2021, the City Commission approved Ordinance No. 2021-07-8696 to authorize an agreement with Jim Smith Contracting in the amount of $2,152,000 for the Paducah Floodwall Flap Gate Replacement Project; and WHEREAS, on April 26, 2022, Ordinance No. 2022-04-8731 was approved, authorizing a contract modification of ($463,400) for a contract cost of $1,688,600, resulting from a change in the flap gate vendor. Due to supply chain issues, vendor non -responsiveness, and excessive cost of materials and items to fulfill the Buy American Act, the City issued a waiver of the Buy American Act to Jim Smith Contracting, LLC. The City consulted with the U.S. Army Corps of Engineers to verify the authority to issue the waiver; and WHEREAS, the cost savings of the Buy American Act waiver allows the City to replace an additional eight (8) sluice gates for a contract increase of $127,300, with a final contract cost of $1,815,900. By replacing these eight sluice gates, all flap gates and sluice gates within the Paducah Local Flood Protection Project (LFPP) will be replaced. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Contract Modification No.2 with Jim Smith Contracting, LLC to increase the contract in an amount of $127,300, resulting in a final contract amount of $1,815,900. SECTION 2. The Federal Government is a 65% partner, with the City contributing 35% to the Project. The Floodwall Flap Gate Replacement Project is part of the City's in-kind match and counts toward the City's 35% project portion. The amount of $127,300 shall be paid from the FW Flap Gates, Account Number FW0010. SECTION 3. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 14, 2023 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by The Paducah Sun, \ord\eng\Contract Amend No. 2 — Jim Smith Contracting Flapgate Replacement Project City of Paducah Flood Protection Flap Gate Replacement Contractor: Jim Smith Contracting Co., LLC Revised Prices as Constructed - Requires CO B2 CHANGF nRnFR Nn 1 ITEM DESCRIPTION Type BATTER ANGLE UNIT QTY STATION PLAN SET CONTRACT UNIT PRICE AMOUNT REVISED QTY PROPOSED CONTRACT EXPECTED COMMENTS PAGE UNIT PRICE AMOUNT CHANGE TO PERFORM TOINVOICE 1. Flap Gate -60" F25 2.5° EA 1 200+58A 01C-04 $55,000.00 $55,000.00 1 $43,000.00 $43,000.00 -$12,000.00 1 $43,00.00 2. Sluice Gate -15" S25 - EA 1 187+49A 01C-04 $55,000.00 $55,000.00 1 $44,000.00 $44,000.00 -$11,000.00 1 $44,000.00 3. Flap Gate -60" F55 2.5° EA 6 157+63A 01C-05 $65,000.00 $390,000.00 6 $43,000.00 $258,000.00 -$132,000.00 6 $258,000.0 4. Flap Gate -24" F25 5° EA 1 151+25A 01C-05 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00 1 $21,00.00 -ate 24" Flu A° r -A 4 O7G-BS $25.000,00 $25000,00 .1 $25.000,00 $25.000,00 $"a B $BAB UPDATED GATE & Flap Gate 24" Flu A- E-A 4 4444 B0A O1G-BS 525,00. ,0. $25000.0 .1 $25,000,00 525...0.0 $oHo B $B,.B NOT NEEDED 7. Flap Gate- 18" F25 5° EA 1 140+45A 01C-05 $13,000.00 $13,000.00 1 $10,000.00 $10,000.00 -$3,000.00 1 $16,000.00 8. Flap Gate -30" F25 5° EA 1 130+00A 01C-06 $34,000.00 $34,000.00 1 $29,000.00 $29,000.00 -$5,000.00 1 $29,00.00 9. Flap Gate -72" F55 2.5° EA 1 111+67A 01C-06 $99000.00 $99,000.00 1 $74,000.00 $74,000.00 -$25,000.00 1 $74,00.00 10. Flap Gate -24" F55 5° EA 1 84-OOA 01C-07 $28000.00 $28,D00.00 1 $22,000.00 $22,000.00 -$6,000.00 1 $22,00.00 11. Sluice Gate -24" in MH S55 - EA 1 175+40B 01C-09 $61,000.00 $61,000.00 1 $48,000.00 $48,000.00 -$13,000.00 1 $4e,o0o.00 12. Sluice Gate -24" in MH S25 - EA 1 161+66B 01C-09 $60,000.00 $60,000.00 1 $47,000.00 $47,000.00 -$13,000.00 1 $47,000.00 13. Sluice Gate -18"in MH S25 - EA 1 149+69B 01C-09 $54,000.001 $54,000.00 1 $44,DOa.00 $44,000.00 -$10,000.00 1 $5,300.00 Materials Only 14. Sluice Gate -30" in MH S25 - EA 1 145+92B 01C-09 $63,000.00 $63,000.00 1 $48,000.00 $48,000.00 -$15,000.00 1 $48,000.00 15. Sluice Gate -24" in MH S55 - EA 1 145+61B 01C-09 $55,000.00 $55,000.00 1 $41,000.00 $41,000.00 -$14,000.00 1 $41,00.00 16. Flap Gate -36" F55 5° EA 1 128+61B 01C-10 $35,000.00 $35,000.00 1 $29,000.00 $29,000.00 -$6,000.00 1 $33,000.00 17. Flap Gate -20"in MH F25 5° EA 1 123+61B 01C-10 $24000.00 $24,000.00 1 $21,000.00 $21,000.00 -$3,000.00 1 $21,000.00 18. Flap Gate -24" in MH F55 - EA 1 119+456 01C-10 $60,000.00 $60,000.00 1 541,000.00 $41,000.00 -$19,000.00 1 $21,000.00 19. Flap Gate -24" in MH F55 5° EA 1 115+26B 01C-10 $25,DOO.00 $25,000.00 1 $21,1300.00 $21,D0O.00 -$4,000.00 1 $21,000.00 249-. Flap IH -MW F5u 2752 SA 4 4884a8B 41G4O 555.000.0 555.0.0.0 .1 555,000,00 555.0.0.0 $0.0 0 $B... ABANDONED LONG AGO 21. Sluice Gate -36" in MH S25 - EA 1 90+36B 01C-11 $65,000.00 $65,000.00 1 $50,000.00 $50,000.00 -$15,000.00 1 $50,000.00 22. Flap Gate- 18" F55 5° EA 1 80+00B 01C-11 $19,000.00 $19,000.00 1 $16,000.00 $16,0.00 -$3,000.130 1 $16,000.00 23-. Flap GateFla 5i C -A 4 74+406 846-14 538.8.8.0 ..... .1 50.0..,.. $8.0..,08 $1....00 0 j0.BG OMIT PER RM 24. Flap Gate - 30" in MH F55 5° EA 1 69+86B 01C-12 $37,000.00 $37,000.00 1 $30,000.00 $30,000.00 -$7,000.00 1 $30,000.0 25. Flap Gate -24"in MH F55 5° EA 1 57+98B 01C-12 $29000.00 $29,000.00 1 $23,000.00 $23,000.00 -$6,000.00 1 $23,000.00 26. Flap Gate - 12" in MH F25 5° EA 1 28+49B 01C-12 $17,000.00 $17,000.00 1 $15,000.00 $15,000.00 -$2,000.00 1 $15,000.00 27. Flap Gate -66" F55 2.5° EA 1 19+11B 01C-13 $85,000.00 $85,000.00 1 $62,000.00 $62,000.00 -$23,000.00 1 $62,000.00 28. Flap Gate -18" F55 5° EA 1 7+54B 01C-13 $2200000 $2200000 1 $16,000.00 $16,000.00 -$6,000.00 1 $16,000.00 29. Flap Gate -36" F55 5° EA 1 291+75C 01C-14 $43,000110 $43,000.00 1 $33,000.00 $33,000.00 -$10,000.00 1 $33,000.00 30. Flap Gate -36" F55 5° EA 1 254+06C 01C-15 $43,000.00 $43,000.00 1 $33,000.00 $33,000.00 -$10,01)[1.001 1 $33,000.00 31. Flap Gate -30" F25 5° I EA 1 244+65C 01C-15 $33,000.00 $33,DDO.001 1 1 $28,000.00 $28,000.00 -$5,000.00 1 $28,000.00 32. 1 Flap Gate -36" F25 5° EA 1 224+17C 01C-16 $35,000.00 $35,000.013 1 1 $29,000.00 $29,000.00 -$6,000.00 1 1 $29,000.00 33. ISluice Gate -8" and MH lid F25 - I EA 1 220+OOC 01C-16 $45,000.00 $45,1300.001 1 1 $37,000.001 $37,000.00 -$8,000.D0 1 1 $37,000.00 34. 1 Flap Gate -24" F25 5° 1 EA 2 1 217+35C 01C-16 $22000.00 $44,000.00 2 1 $18,300.00 $36,600.00 -$7,400.00 z 1 $36,600.00 Revised Prices as Constructed - Re0uires CO #2 Extra 8 Sluice Gates $389,000.00 Total Billing w/ Extra 8 Sluice Gate $1,815,900.00 CO#2 Amount $127,300.00 CHANGE ORDER NO 1 ITEM DESCRIPTION Type BATTER ANGLE UNIT QTY STATION PLAN SET PAGE CONTRACT UNIT PRICE AMOUNT REVISEDPROPOSED QTY CONTRACT EXPECTED COMMENTS UNIT PRICE AMOUNT CHANGE TO PERFORM TO INVOICE 35. Flap Gate -36" F25 5° EA 1 206+90C 01C-16 $21,000.00 $21,000.00 1 $15,000.00 $15,000.00 -$6,000.00 1 $15,000.00 36. Flap Gate -24" F25 5° EA 1 200+55C 01C-17 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00 1 $21,00.00 37. Flap Gate -24" F25 5° EA 1 199+80C 01C-17 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00 1 $21,000.00 3$. Flap - %24 2.5E &A 4 4 ^ate 56gx..0.0 $60x000.. 3 530x000.0 Sd9rBBB.B4 $}1xBBB.0. 0 jOAG OMIT PER RM 39. Flap Gate -24" F25 5° EA 1 176+47C 01C-18 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00 1 $21,000.00 40. Flap Gate -24" F25 5° EA 1 172+08C 01C-18 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00 1 $21,000.00 4=L Flap Gate Flu 275i r -A 4 428�4G 046-40 $60x.00..0 550x000.00 3 $50x0.0..0 550x800.0 50.0 0 $BAB UPDATED GATE 42. Flap Gate -48" F25 2.5° EA 2 92+70C 01C-20 $48,000.00 $96,000.00 2 $37,000.00 $74,000.00 -$22,000.00 2 $74,000.0 43. Flap Gate -36" F25 5° EA 1 51+28C 01C-22 $33000.00 $33,000.00 1 $29,000.00 $29,000.00 -$4,000.00 1 $29,000.00 44. Bonds and Insurance - - LS 1 - - $24,000.00 $24,000.00 1 $24,000.00 $24,000.00 $0.00 1 $24,000.00 TOTALS $2,152,000.00 $1,688,600.00 -$463,400.00 $1,426,900.00 ITEMS ADDED PER CITY ENGINEERING 14A Sluice Gate -30" EA 1 14593 145+91B2 1 $48,000.00 $48,000.00 1 $48,000.00 15A Sluice Gate -36"X36"oParing EA 1 14561 145+6182 1 $50,000.00 $50,000.00 1 $50,000.00 16A Sluice Gate -36" S55 EA 1 12861 128+6182 1 $50,000.00 $50,000.00 1 $50,000.00 17A Sluice Gate -20" 525 EA 1 12361 123+61B2 1 $47,000.00 $47,000.00 1 $47,000.00 IBA Sluice Gate -24" S24 S55 EA 1 11945 119+4582 1 $48,000.00 $48,000.00 1 $48,000.00 19A Sluice Gate 24" S55 EA 1 11526 115+2fiB2 1 $98,000.00 $48,000.00 1 $48,000.00 TAA sluirnGate-80" 555 EA 1 6986 69+8681 1 $50,000.00 $50,000.0 1 $50,000.00 25A Sluice Gate -24" S55 EA 1 5786 5]+gfi Bi 1 $48,000.00 $48,000.00 1 $481000.00 Extra 8 Sluice Gates $389,000.00 Total Billing w/ Extra 8 Sluice Gate $1,815,900.00 CO#2 Amount $127,300.00 00650 CHANGE ORDER PAGE 1 OF 1 CHANGE ORDER NO: DATE: NAME OF PROJECT: OWNER: VENDOR: CITY OF PADUCAH ENGINEERING DEPARTMENT CHANGE ORDER E November 01,2023 Paducah LFPP Flap Gates City of Paducah, Kentucky Jim Smith Contracting THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: ADDITIONS $389,000.00 DEDUCTIONS -$261,700.00 CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCREASED BY: $127,300.00 ORIGINAL CONTRACT PRICE: $2,152,000.00 CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: $1,688,600.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE: $1,815,900.00 THE CONTRACT TIME WILL BE INCREASED BY: 0 Days APPROVALS REQUIRED: VENDOR DATE ENGINEER DATE MAYOR: DATE Agenda Action Form Paducah City Commission Meeting Date: November 14, 2023 Short Title: Approve a Residential Infill Agreement By and Between the City of Paducah and EMD Properties, LLC for LaBarri Subdivision Not to Exceed $197,991.86 - R. MURPHY Category: Ordinance Staff Work By: Rick Murphy, Melanie Townsend Presentation By: Rick Murphy Background Information: Summary: EMD Properties, as Developer, and the City of Paducah desire to enter into a Residential Infill Agreement for the reimbursement of expenses incurred during the construction of eligible public infrastructure for the La Barri Subdivision. Background: On February 12, 2019, the Paducah Board of Commissioners approved Ordinance 2019-2-8560, authorizing the Mayor to sign the final plat of subdivision entitled "LaBarri 1720 & 1740 New Holt Rd, Paducah, KY 42001." The Developer provided an Escrow Agreement of $250,000 for the completion of public roadways, curbs, gutters, sidewalks, storm drainage systems, and other designated public improvements in accordance with the proposed subdivision plans and the City's specifications. On November 14, 2022, the City Engineer accepted all public improvements for maintenance consisting of roadways, storm sewers, sidewalks, easements, and right-of-ways within the LaBarri Subdivision. During the construction of public infrastructure for the LaBarri Subdivision, the Developer incurred actual costs of $197,997.86 for all eligible infrastructure associated with this subdivision. The City desires to enter a Residential Infill Agreement to reimburse those costs up to the ad valorem property tax received on the property or the cost of the public improvements, whichever is the lessor. The City agrees to an eight (8) year Agreement with EMD Properties, LLC for reimbursement of Ad Valorem taxes up to but not to exceed $197,991.86. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available: Account Name: Account Number: Staff Recommendation: Approve and authorize the Mayor to sign a Residential Infill Agreement between the City of Paducah and EMD Properties, LLC for reimbursement of Ad Valorem property taxes for La Barri Subdivision for a term of eight (8) years for the period beginning July 1, 2023, through June 30, 2031, and a Not -To -Exceed amount of $197,991.86. Attachments: 1. ORD Residential Infill Agreement - LaBarri Subdivision 2. La Barri Infill Agreement 3. Plat Cab. M Pg. 1366 ORDINANCE NO. 2023- - AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING A RESIDENTIAL INFILL AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND EMD PROPERTIES, LLC, FOR LABARRI SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL DOCUMENTS RELATED TO SAME WHEREAS, on February 12, 2019, the Paducah Board of Commissioners adopted Ordinance No. 2019-2-8560, authorizing the Mayor to sign the final plat of subdivision entitled LaBarri 1720 & 1740 Holt Road, Paducah, KY; and WHEREAS, the developer EMD Properties, LLC provided an Escrow Agreement of $250,000 for the completion of public roadways, storm drainage systems, and other designated public improvements in accordance with the proposed subdivision plans and the City's specifications; and WHEREAS, on November 14, 2022, the City Engineer accepted all public improvements for maintenance consisting of roadways, storm sewers, sidewalks, easements, and rights-of-way within the LaBarri Subdivision; and WHEREAS, during the construction of public infrastructure for LaBarri Subdivision EMD incurred costs of $197,997.86; and WHEREAS, the City now desires to enter into a Residential Infill Agreement for reimbursement of those costs, up to the ad valorem property tax received on the property, or the cost of the public improvement, whichever is the least. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Recitals. That the City of Paducah hereby approves a Residential Infill Agreement by and between the City of Paducah and EMD Properties, LLC, as attached hereto and made part hereof, for a total rebate not to exceed $197,991.86. Said Agreement shall be for a term of eight (8) years. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Residential Infill Development Agreement for the purposes therein specified. The Mayor of the City of Paducah is hereby authorized to execute the Agreement, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Residential Infill Development Agreement. 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 parts 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 the 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, to the extent of such conflict, are 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. George Bray, Mayor Attest: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, November 14, 2023 Adopted by the Board of Commissioners, Recorded by Lindsay Parish, City Clerk, Published by the Paducah Sun, \ord\plan\Residential Infill Agreement— LaBarri Subdivision Exhibit A LA BARRI SUBDIVISION RESIDENTIAL INFILL DEVELOPMENT AGREEMENT EXHIBIT A LA BARRI SUBDIVISION RESIDENTIAL INFILL DEVELOPMENT AGREEMENT THIS RESIDENTIAL INFILL AGREEMENT made and executed on this day of , 2023, by and between the City of Paducah, Kentucky, a city of the second class, 300 South Fifth Street, P. 0. Box 2267, Paducah, Kentucky 42002-2267 (hereinafter referred to as "City"), and EMD Properties, LLC, 3936 Alameda Crescent, Paducah, KY, a Kentucky Limited Liability Company (hereinafter referred to as "Developers"). WITNESSETH: WHEREAS, Developer is the owner of tract real property consisting of 6.15 acres, which is located in McCracken County, Kentucky, a document describing real property is set forth in Final Plat, which is entitled, "Final Subdivision Plat, La Barri, dated January 9, 2019, by Mr. Herb Simmons, a Kentucky Professional Land Surveyor (P.L.S. No. 3732) is attached hereto; and WHEREAS, Developers has completed all requirements in accordance with the City of Paducah Subdivision Ordinances and has obtained final subdivision approval for the Developers' development of said tract of property as a subdivision for residential purposes from the Planning Commission on September 17, 2018 and by Board of Commissioners on February 12, 2019, Ordinance No. 2019-2-8560, which approval is evidenced by the Final Plat recorded in Book: CABM, page 1366-1366, in the McCracken County Clerk's office. WHEREAS, Developer's Development requires Developer to add improvements to the public infrastructure; and WHEREAS, Developer's Development is presently located in the incorporated area of Paducah, McCracken County, Kentucky, and suitable for urban development without unreasonable delay; and WHEREAS, it would be beneficial to the Developer and Developer's Development, and the successor owners of property located in Developer's Development, to enjoy municipal services from the City; and WHEREAS, the City desires to provide municipal services to benefit Developer's Development, and the land owners to be located therein, but requests Developer to construct, at Developer's cost, eligible public infrastructure and improvements which are necessary for the provision of safe public transportation and municipal services; and WHEREAS, eligible public improvements may include without limitation the improvement to existing transportation facilities owned and operated by the Kentucky Transportation Cabinet (hereinafter referred to as "KYTC"); the construction or improvement to local streets, curbs, gutters, sidewalks, and storm sewer conveying systems (hereinafter referred to as "Eligible Public Improvements") as depicted in Developer's Development, which upon completion and acceptance by the appropriate governing body that may include without limitation either or both the City and KYTC (hereinafter referred to as the "Government") shall become the property of the Government. The final approval and acceptance of the Eligible Public Improvements shall be determined by the Government having jurisdictional authority over the Eligible Public Improvements' construction, completion, and acceptance ; and WHEREAS, for reason that such Eligible Public Improvements will become the property of the Government having jurisdictional authority over said improvements' construction, completion, and acceptance, the City is agreeable to reimbursing Developer for the cost and expenses incurred by Developer to construct Eligible Public Improvements within and/or depicted by the Developer's Development to the extent of the total cost and expense of $197,991.86, or the amount of ad valorem real property taxes realized by the City resulting from the Developer's Development for eight (8) years beginning July 1, 2023 through June 30, 2031 (hereinafter referred to as "Period of Eligibility') the lesser to apply. NOW, THEREFORE, in consideration of the foregoing provisions, and for other valuable consideration, the receipt of which is hereby acknowledged by all parties hereto, the parties do covenant and agree as follows: 1. Construction/Improvements of Eligible Public Improvements. Developer shall construct within Developer's Development the public infrastructure and improvements which are necessary for the provision of public safety and municipal services by the Government defined herein as Eligible Public Improvements. All Eligible Public Improvements shall be located within an existing and/or proposed public right-of-way(s) and/or public easements to be dedicated by the plat of Developer's Development or shown as an improvement to existing publicly owned surface transportation infrastructure. The City Engineer and/or the Government having jurisdictional authority shall have the right to inspect all construction of the Eligible Public Improvements during the construction process to ensure that construction of such Eligible Public Improvements are in compliance with the Developer's Development and in compliance with the applicable minimum standards and requirements, including without limitation building codes, zoning laws, or other applicable federal, state or local laws or ordinances of the Government having jurisdictional authority. 2. Acceptance by the Government. Upon completion of construction of the Eligible Public Improvements, the improvements shall be inspected by the Government having jurisdictional authority to determine and/or identify if the improvements have deficiencies. If it is determined that deficiencies are in need of correction, the Developer shall complete the appropriate corrective actions needed prior to the improvements being accepted by the Government having jurisdictional authority. Upon the Developer completing the correction of all identified deficiencies, the Government having jurisdictional authority shall accept the Eligible Public Improvements, at which time such improvements shall be deemed the sole and exclusive property of the Government having jurisdictional authority. Upon such acceptance, the Government, having jurisdictional authority, shall thereafter maintain the Eligible Public Improvements at the Government's costs. Notwithstanding the foregoing, it is agreed and understood by and between the parties that the Government shall not be obligated to accept any of the Developer's improvement's that do not meet the minimum standards of the Government. 3. Reimbursement to Developer for Costs and Expenses of Constructing Eligible Public Improvements. In consideration of Developer's construction of Eligible Public Improvements, which are to become the property of the Government having jurisdictional authority, the City hereby agrees to reimburse Developer for any cost and expense incurred by the Developer for the construction cost of the subject improvement to the extent of such costs and expenses, or to the extent of the amount of ad valorem real property taxes realized and collected annually by the City from the City's levy and tax on Developer's Development during the Period of Eligibility, the lesser to apply. Reimbursement of these costs and expenses shall be subject to the following terms and conditions: A. Eligibility for Reimbursement. Only actual costs and expenses incurred by the Developer for the construction of the Eligible Public Improvements which are constructed in accordance with the Developer' Development and are ready to be accepted by the Government shall be eligible for reimbursement. Eligible costs for reimbursements (hereinafter referred to as "Reimbursements") shall be limited to the Developer's actual expenses incurred to purchase materials, labor and charges for the use/rental of equipment to construct the Eligible Public Improvements. Expense associated with the Developer's overhead, profit or any other related expense shall not be considered for reimbursement. The determination of which costs and expenses are eligible and whether construction and completion of the Eligible Public Improvements were made in accordance with the Developer's Development shall be made by the City Engineer in his reasonable discretion. B. Time of Request. The Developer shall only be entitled to make a request for Reimbursement at that point in time when the Developer has fully completed construction of any Eligible Public Improvements. All requests for Reimbursement shall be filed with the City Engineer's Office on or before May 31 of any calendar year. C. Request for Reimbursement. Any request for Reimbursement shall be in written form bearing the Developer and Development name as described herein. Each request shall itemize the costs and expenses which were incurred by the Developer that are eligible for Reimbursement. Such itemization shall first describe the Eligible Public Improvement constructed, accompanied with the Developer's supporting construction documentation attached to each request that verifies the costs and expenses incurred by the Developer for the construction of the Eligible Public Improvements for Reimbursement. The Developer shall also provide to the City Engineer any other documentation requested by the City Engineer which the City Engineer deems necessary or advisable in his review of the request. Each request made by the Developer shall be verified under oath. D. Review and Approval by the City Engineer. Upon submission of the written request, the City Engineer shall evaluate the request and make a determination as to the eligibility of the Reimbursement. As part of the evaluation, the City Engineer shall also make a determination that the Eligible Public Improvements were constructed in accordance with the Developer's Development. In the event the City Engineer makes a determination that the Eligible Public Improvements, or any party thereof, were not constructed in accordance with such minimum Government standards, such determination shall render the Developer's request ineligible for reimbursement. In making such a determination, the City Engineer shall provide a written description of the deficiency or deficiencies. In such event, the Developer shall not have any further right to request reimbursement under this Agreement until such time that the noted deficiency or deficiencies are cured and remedied. In making his evaluation, the City Engineer shall have the right to consult with Developer, and any engineer, contractor, or subcontractor with whom the Developer associated with prior to or during the construction of such Eligible Public Improvement. E. Upon approval of eligibility of any Reimbursement for the Eligible Public Improvements. The City Engineer shall make a written report evidencing such approval. The City Engineer shall state in the written report the amount of the costs and expenses which were approved for reimbursement. In the event the City Engineer should reject any cost or expense as set forth in the request, the City Engineer shall provide an explanation in the written report for such rejection. Upon completion of the written report, the City Engineer shall cause a copy of such written report to be delivered to the Developer and to Finance Department of the City of Paducah. F. Reimbursement from Finance Department. Upon receipt of the written approval by the City Engineer, the Finance Department shall make a determination as to the amount of ad valorem real property taxes which were levied by the City for the City's sole benefit against the real property located in Developer's Development and actually collected and received by the City for each year period during the Period of Eligibility. The Finance Department shall make payment to the Developer in an amount equal to such taxes actually collected and received by the City specific to each of the City's Fiscal Years within the Period of Eligibility, subject, however, to the following conditions: (1) The City shall have no obligation whatsoever to reimburse the Developer in excess of the sum total amount of the ad valorem real property taxes actually collected and received by the City annually during the Period of Eligibility. In the event such sum total amount exceeds the sum total of eligible Reimbursement, the City's obligation of Reimbursement shall terminate upon full payment of such Reimbursement. (2) Any taxes which may be collected by the City for the benefit of others, such as the school board, etc., shall not be deemed a part of the reimbursement herein. (3) Only taxes actually received and collected by the City during the Period of Eligibility following the effective date of this Agreement from levies against the Developer's Development shall be utilized in determining the Reimbursement described herein. Any taxes collected prior to the Period of Eligibility shall not be included in such determination, regardless of the date of assessment or levy, issuance of the tax bills, or in the event of any delinquency in payment. (5) Enforcement of Agreement. Each of the parties to this Agreement shall have the right to enforce the terms of this Agreement. In the event of such enforcement, or in the event of any dispute between the parties regarding the meaning or interpretation of any provision of this Agreement, all parties do hereby agree to submit such action to the McCracken Circuit Court. Each party shall have all rights and remedies as provided by law. In the event such action is filed with the McCracken Circuit Court, each party does hereby waive trial by jury. It is agreed by and between the parties that the prevailing party in such action shall have the right to recover its reasonable attorney's fees from the non -prevailing party as part of its costs of litigation. (6) Arbitration. Should any dispute arise between the parties, the parties will try to resolve the dispute by negotiation. If the dispute has not been resolved by such negotiation, the parties will submit the dispute for administered mediation. In the event a dispute cannot be resolved by mediation, the following provisions shall apply: (a) As to any unresolved dispute, upon the written request of any party, the dispute shall be submitted to an arbitrator to be selected by the parties. If the parties cannot agree within ten (10) days after the receipt of written notice from the other party requesting it to do so, the appointment shall be left to the American Arbitration Association. (b) Except as otherwise specifically set forth herein, the arbitrator shall conduct the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Paducah, Kentucky. (c) The decision in writing of the arbitrator, when filed with the parties hereto, shall be final and binding on both parties. The arbitrator shall award the costs and expenses incurred by the prevailing party against the non -prevailing party to such extent as determined by the arbitrator as the arbitrator deems just and equitable. Judgment may be entered upon the final decision of the arbitrator in any court having jurisdiction. Any party shall have the right to sue in court to enforce the arbitration award. In accepting arbitration, the parties expressly waive trial by jury. (7) Miscellaneous Provisions. The following miscellaneous provisions shall apply: A. Notices. All notices provided for herein will be in writing and addressed to the parties at the addresses as referenced above. B. Other Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder are in addition to an not a limitation of any duties, obligations, rights, and remedies, otherwise imposed or available by law. C. Governing Law. This document shall, in all respects, be governed by the laws of the state of Kentucky. D. Entire Agreement. This Agreement expresses the complete agreement of the parties and supersedes all prior written or oral agreements or understandings between the City and the Developer with regard to the matters addressed herein. The making, execution, and delivery of this Agreement by the parties hereto has not been induced by any representations, statements, warranties or agreements other than those expressly set forth herein. E. Amendments. This Agreement may not be modified or amended unless by a writing signed by both parties hereto. F. Time. All times referred herein shall be strictly construed, as all of such times shall be deemed of the essence. G. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement. H. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. The Developer shall not assign his/her rights and obligations hereunder, in whole or in part, without the prior consent of the City, but in no event, shall any assignment hereunder release or relieve the Developer from any obligations of this Agreement for which the Developer shall remain fully bound to the City. Effective Date of Agreement. The effective date of this Agreement shall be the date that the mayor of the City of Paducah executes this Agreement and has received the approval of the governing body of the City of Paducah. j. Assurances. The Developer agrees to execute such further documents and instruments as shall be necessary to carry out the terms of this Agreement fully. CITY OF PADUCAH By: George Bray, Mayor, City of Paducah EMD PROPERTIES, LLC By: Date: .20 Date: .20 STATE OF KENTUCKY COUNTY OF McCRACKEN The foregoing instrument was acknowledged before me this day of 20_ by , Mayor, City of Paducah. 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